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HomeMy WebLinkAboutSEPTEMBER 23, 2003 AGENDACITY COUNCIL M4YOR MEYERA E OBERNDORF 4t-Large VICE MA YOR LO UIS R JONES Ba~ s ule - D,stt Jr t 4 HARRY E DIEZ EL Keml~svdle - Dt~trt, t 2 M4RG4RET L EURE Centervtlle - D~,tru t 1 REB4 ~ McCLANAN Rose Hall - Dt~trlct 3 RICHARD 4 ,[I4DDOX Beach - D~trttt 6 JIM R£EI/E Prtnce~ v 4nne - Dt~tr~ t 7 PETER W SCHMIDF At-Lar[,e RON A VILLANUEVA, At-l_ar¢e ROSEMARY WILSON, 4t-Lat ~e J4MES L WOOD L~nnha~en -D~trtrt 5 JAMES K SPORE Cttx Manager LESLIE L LILLEY, Cttx Attornex RUTH ttODGES SMITH MMC Cltl Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BE4CH VIRGINIA 234 ~6-8005 PHONE (7~7) 427-4303 F4X (757) 426-5669 E MAIL Ctv~ nt l@ vbgov cam 23 September 2003 I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM A Bo CHESAPEAKE BAY PRESERVATION ORDINANCE AMENDMENT Clay Bermck, Environmental Management Programs Adm~mstrator, Planmng Department HEALTH CARE RESERVE - FY 2004 PLAN Susan D. Walston, Chief of Staff II REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 6:00PM A. CALL TO ORDER - Mayor Meyeta E Oberndorf B. INVOCATION: Dr Dwight Chrlstenbury Pastor-First Presbyterian Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES I INFORMAL AND FORMAL SESSIONS September 9, 2003 G AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1 2004 COMMUNITY LEGISLATIVE PACKAGE 2 PRECINCT BOUNDARIES and PLACES ao Create new precincts and polling places Modify precinct boundaries Change existing precinct names and polling places 3. EXCESS PROPERTY - 1876 Wildwood Drive I CONSENT AGENDA J ORDINANCES 1 Ordtnance to AMEND and REORDAIN § 10-1 of the Ctty Code re. a Create new precincts and polling places Modify precinct boundaries Change existing precinct names and polling places , Ordinance to AMEND §§ 35-70 thru 35-74 of the City Code re real estate tax by providing partial exemptions for certain rehab~htated, renovated, replacement commercial or industrial structures Ko o Ordinance CONFIRMING the City Manager's declaratton of a local emergency due to the lmm~nent threat of d~saster posed by Hurricane Isabel. Ordinance AUTHORIZING a non-b~nd~ng MEMORANDUM OF UNDERSTANDING (MOU) between Hampton Roads Transit (HRT) and the C~ty re negotiation of process to acqmre right-of-way from Norfolk Southern Radway Company ° Ordinance to DECLARE EXCESS PROPERTY at 1876 Wddwood Drive, and AUTHORIZE the C~ty Manager to convey th~s property to Baymark Construction Corporation. o Ordinance to AUTHORIZE the purchase of 1.50 acres of real property from ROBERT LESLIE FLOWERS, JR.. for $18,000 to estabhsh a neighborhood park at the southern end of Pocasset Court, The Lakes, and AUTHORIZE the execution of all necessary documents (DISTRICT - 3 ROSE HALL) Ordinance to AUTHORIZE the City Manager to exercise the 2001 Option Agreement and the purchase of real property from THIS and THAT, LTD. at Rudee Loop; EXECUTE all necessary documents for th~s purchase at $400,000 less the $50,000 option payment, and, AUTHORIZE lease of th~s property o Ordinance to ACCEPT and APPROPRIATE a $175,115 grant from the Federal Bureau of Justice Assistance and TRANSFER $19,4587 from the General Fund Reserve for Contlngenc~es w~th ~ncrease federal revenue accordingly re law enforcement (LLEBG): a. Community Corrections $20,988 b General D~stnct Court $25,000 c Maglstrate's Office $ 3,187 d Pohce Department $97,620 e. Sheriff's Department $47,777 Ordinance to TRANSFER $100,000 from various bmld~ngs rehabd~tat~on and renewal to Pendleton parking lot expansion and public restroom facdmes at Croatan Beach. PLANNING Ordinance to AUTHORIZE a temporary encroachment ~nto portions of the City's right-of- way known as Lake Wesley by JOSEPH M., JR. and LORI ANNE HANLEY to construct and mmntmn a fixed pier, floating pier, boat lift and mooring piles at 541 Vlrg~ma Dare Drive ~n Croatan Beach. (DISTRICT 6- BEACH) Recommendation. APPROVAL o Apphcat~on of STEVEN and JUDITH PAPARIELLO for the discontinuance, closure and abandonment of a pomon of an alley adjacent to 837 Vanderbdt Avenue, on the north s~de of Lockheed Avenue. (DISTRICT 6 - BEACH) Recommendation APPROVAL o . o Application of LYNNHAVEN BLOCK ASSOCIATES, L.L.C. tor the Modification to a Change of Zoning District Classification (approved by City Council on July 14, 1998), at 2061, 2077, 2085 and 2093 Lynnhaven Parkway (DISTRICT I - CENTERVILLE) Recommendation APPROVAL Apphcatlon of RAYMOND, SR. and MARILYN I. CAFFEE for a Change of Zoning District Classification from A-12 Apartment Dtstrtct to R-5D Residential Duplex Dtstrtct at 5019 Bonney Road (DISTRICT 2- KEMPSVILLE) Recommendation. APPROVAL Applications of F. DONALD REID at 3592 Indian River Road. (DISTRICT 7 - PRINCESS ANNE) Recommendation APPROVAL ao Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District bo Variance to § 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) c. Conditional Use Permit for an Open Space , Application of VILLAGE CHURCH for a Conditional Use Permit for a church on the south side of Indian River Road, east of Elbow Road (DISTRICT 1 - CENTERVILLE) Recommendation APPROVAL Application of BAYSIDE BAPTIST CHURCH for a Conditional Use Permit for a church (addition) and preschool at 1920 Pleasure House Road (DISTRICT 4- BAYSIDE) Recommendation' APPROVAL Application of ABUNDANT HARVEST CHURCH for a CondlUonal Use Permit for a church at 6037 Providence Road, Suite 1. (DISTRICT 1 - CENTERVILLE) Recommendation. APPROVAL Application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit for a church (expansion) at 1020 General Jackson Drive (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL 10 11 12. Apphcatlon of SHARON GOLESH for a Conditional Use Permit for a riding academy, horse:., for hire and boarding and a recreational facdlty of an outdoor nature (riding camp) at 2508 We,4t Landing Road (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Application of OMNIPOINTFF-MOBILE for a Conditional Use Permit for a commumcatlo~ tower at 2287 Windy P~nes Bend (DISTRICT 7 - PRINCESS ANNE) Recommendation. APPROVAL Apphcatlon of CORDIE L. MARTIN for a Conditional Use Permit for a family care home (home daycare) at 3520 Sandy Pmnt Key (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Lo APPOINTMENTS AGRICULTURE ADVISORY COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH DEVELOPMENT AUTHORITY WETLANDS BOARD M UNFINISHED BUSINESS N NEW BUSINESS 1 ABSTRACT OF CIVIL CASES RESOLVED - August 2003 O. ADJOURNMENT Agenda 09/I 8/03/sb x~ww vbgov COlll 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 impaired, call TDD only 427-4305 (TDD - Telephomc DevIce for the Deaf) 23 September 2003 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A CHESAPEAKE BAY PRESERVATION ORDINANCE AMENDMENT Clay Bermck, Environmental Management Programs Administrator, Planning Department B. HEALTH CARE RESERVE - FY 2004 PLAN Susan D. Walston, Chief of Staff II REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B INVOCATION: Dr. Dwight Chrlstenbury Pastor-First Presbyterian Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL AND FORMAL SESSIONS September 9, 2003 G AGENDA FOR FORMAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council PUBLIC HEARINGS 1. 2004 COMMUNITY LEGISLATIVE PACKAGE 2 PRECINCT BOUNDARIES and PLACES ao Create new precincts and polling places Modify precinct boundaries Change ex~stlng precinct names and polhng places 3 EXCESS PROPERTY - 1876 Wildwood Drive I. CONSENT AGENDA THE BEACON SUNDAY, SEPTEMBER 7, 2003 :%L~I',IfD4Y "-.;EPTEMRER !L,~.. 2(h03 PUBLIC HEARING SALE OF ~ Tt~e V~rg~n~a Beactl C~ty Council wdl hold a PUBLIC HEARING on the d~spos~t~on and sale of 2_+ acres of property located at 1876 W~ld- wood Drwe (GPIN'2408-52-4317), Tuesday, September 23. 2003 at 6 O0 p m. m the Councd Chamber of the City Hall Building (Building ~¢1) at the Virgm~a Beach Mumc~pal Center, Wrglma Beach V~rglnla The purpose of th~s heanng wdl be to obtain public input to determine whether th~s propertv should be declared "Excess of the C~ty's needs" and conveyed to Baymark ConstructIon Corporation If you are physically d~sabled or wsually ~mpa~red and need asses- lance at this meeting, please call the CITY CLERK'S OFFICE at 427 4303, Heanng ~mpa~red. call TDD only 427-4305 (TDD- Tele- phone Dewce for the Deaf) Any qL,est~ons concermng th~s matter should be d~rected to the Off~ce of Real Estate, Budding #2, Room 392, at the Wrgmla Beach Munlc~- pal Center The Real Estate Off~ce telephone number is (7~7~427 4161 Ruth Hodges Smith, MMC C~ty Clerk Beacon September 7 and September 14.2003 10645396 PLIIBU,C HEARING SA~ OF CITy PROPERTY The V~rgm~a Beach C~ty Councd wdl hold a PUBLIC HEARING on the dIsposition and sale of 2+ acres of property located at 1876 Wild- wood Drive (GPIN 2408-52 4317L Tuesday, September 23, 2003 at 6 O0 p rn, in the Councd Chamber of the C~ty Hall Budding (Budding #1) at the Virg]ma Beach Mumc~pal Center, Wrgm]a Beach, V~rg~ma The purpose of th~s hearing wdl be to obtain public input to determine whether this property should be declared "Excess of the C~ty's needs" and conveyed to Baymark Construction Corporation If you are physically disabled or wsually impaired and need asses- lance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303, Hearing ~mpaired, call TDD only 427-4305 (TDD- Tele- phone Dewce for the Deaf} Any questions concerning th~s matter should be directed [o the Office of Real Estate, BL, fldmg #2, Room 392, at the Virginia Beach Munici- pal Center The Real Estate Off~ce telephone number ~s (757)427 4161 Ruth Hodges Smith, MMC City Clerk Beacon September 7 and September 14, 2003 10645396 THE'BEACON SUNDAY, SEPTEMBER 7, 2003 PUBLIC HEARING CREATION OF EIGHT NEW VOTING PRECINCTS AND POLLING PLACES, MODIFICATIONS OF PRECINCT BOUNDARIES, AND CHANGES OF PRECINCT NAMES AND POLUNG PLACES CITY OF VIRGINIA BEACH The Qty Council of tl~e C~ty of V~rgm~a Beach V~rgm~a, at ~ts formal session on September 23, 2003, at 6 O0 P M, will consider an ordi- nance to (1) create eight new precincts and polling places. (u) modify precinct boundanes and (m) change ex~stlng precinct names and poll- ing places The following new precincts are proposed *Indian Lakes precinct, which results from sphttmg the Bellamy pre- cinct east of Pleasant Valley Road The polling place will be Indian Lakes Elementary School (1240 Homestead Drive), *Pleasant Hall precinct, created by sphttmg the Bonney precinct south of Bonney The polling place will be Kempsvttte Bapbst Church Pleas- ant Hall Annex (5184 Princess Anne Road), *Reon precinct, which results from splitting the College Park prec,nct east of Level Green Boulevard The polling place will be Woodstock Elementary School (6016 Providence Road), *Rock Lake precinct, which results from sphttmg the Old Salem pre- c~nct north of Salem Elementary School The poIhng place w~ll be Salem Elementary School (3961 Salem Lakes Boulevard), *Shelburne precinct, which results from sphttmg the Landstown pre- cmct north and east of Holland Road The polling place w~ll be Chns- topher Farms Elementary School (2828 Pleasant Acres Drive), *Strawbndge precinct, which results from sphttmg the Hunt precinct north of W~ndy Pines Bend The polhng place w~ll be Strawbndge Elementary School (2553 Strawbndge Road) *Tallwood precinct, which will include a port~on of the Brandon pre- c~nct south of Brandon Boulevard and west of Centerwlle Turnpike and the southern port,on of the Centervllle precinct The polling place will be Tallwood Elementary School (2025 Kempswlte Road), and *Upton precinct, which will include a portion of the Culver precinct west of Upton Dnve and a portion of the S~gma precinct west of Elson Green Avenue The polhng place wdl be St John the Apostle Cathohc Church (1968 Sandbndge Road) Precinct name and polhng place changes are proposed as follows *Corporate Landing precinct (renames ex,sting Strawbndge precinct), the polhng place will be Corporate Landing Middle School (1597 Corporate Landing Parkway), *Manor Precinct (renames ex~sbng Indian Lakes precinct), polling place will be Prowdence Elementary School (4968 Providence Road) Changes }n polhng Iocabons are proposed for the following precincts *Fairfield- new location w~ll be Kempsvllle Presbyterian Church (805 Kempswlle Road), *Stratford Chase- new location will be Community Umted Methodist Church (1072 Old Kempswlle Road), *Ocean Park- new location w~ll be Bayside Community Recreation Center (4500 F~rst Court Road), *North Beach- new location will be Gahlee Episcopal Church (3928 Pacific Avenue), *Red Wing- new location will be Birdneck Elementary School (957 S Birdneck Road) Changes to ex~stmg boundary lines are proposed for the following precincts Sigma, Brookwood, London Bridge, Culver, Ocean Lakes, T~mberlake, Dahha, Rosemont Forest, and Glenwood The name of the Woodstock precinct ~s proposed to be changed to Avalon, its polling place will be Avalon Church of Christ (844 Woodstock Road) The old Salem precinct (south of Salem Elementary), wdl be renamed the Cromwell precinct, ~ts polhng place w~ll be Salem Umted Methodist Church (2057 Salem Road) The boundary of the Sigma precinct will be modified, and its polling place changed to Red Mill Elementary School (1860 Sandbndge Road) After adoption by City Council, these changes wdl become effective following approval by the Umted States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended Once approved, these changes will not become effective until February &O, 2004. Descriptions and maps of the proposed precinct, precinct boundary and polhng place changes, as well-asa copy of the aforesaid ordinance, may be respected in the Voter Reg~strar's Office. Mumc~pal Center, Building 14, 2449 Princess Anne Road, V~rgm~a Beach, Virginia 23456 All interested persons are ~nwted to attend and speak at the heanng on September 23rd, which will be conducted in the City Councd Chamber m Budd~nA i 2401 Courthouse Drive, V~r~jma Beach Ruth Hodges Smith, MMC City Clerk PUBLIC HEARING CREATION OF EIGHT NEW VOTING PRECINCTS AND POLLING PLACES, MODIFICATIONS OF PRECINCT BOUNDARIES, AND CHANGES OF PRECINCT NAMES AND POLUNG PLACES CITY OF VIRGINIA BEACH The C~ty Councd of the C~ty of V~rg~ma Beach, V~rgm~a, at its formal session on September 23, 2003, at 6 O0 P M, will consider an nance to (i) create eight new precincts and polhng places, (n) modify precinct boundaries, and (m) change ex~stmg precinct names and poll- mg places The following new precincts are proposed *Indian Lakes precinct, which results from sphtt~ng the Bellamy pre- cmct east of Pleasant Valley Road The polhng place wdl be Indian Lakes Elementary School (1240 Homestead Drive), *Pleasant Hall precinct, created by splitting the Bonney precinct south of Bonney The polhng place w~ll be Kempsvdle Bapbst Church Pleas- ant Hall Annex (5184 Pnncess Anne Road), *Reon precinct, which results from sphttmg the College Park precinct east of Level Green Boulevard The polling place writ be Woodstock Elementary School (6016 Prowdence Road), *Rock Lake precinct, which results from splitting the Old Salem pre cmct north of Salem Elementary School The polling place will be Salem Elementary School (3961 Salem Lakes Boulevardl. *Shelburne precinct, which results I:rom sphttmg the Landstown pre- cmct north and east of Holland Road '[he polhng place will be Chns [opher Farms Elementary School (2828 Pleasant Acres Drive) *Strawbndge precinct, which results from sphttmg the Hunt precinct qorl:h of Windy Pines Bend The polhng place wdl be St~awb~ldgr- Elementary School (2553 Strawbndge Road), *Tallwood precinct, which will include a portion of the Brandon pre- cmct south of Brandon Boulevard and west of Centervllle Turnpike and the southern port~on of the Centerv~lte precinct The polhng place will be '[allwood Elementary School (2025 Kempsvllle Road), and *Upton prec,nct, whmh will ~nclude a porbon of the Culver precinct west of Upton Drive and a portion of the S~gma precinct west of Elson Green Avenue The polling place wdl be St John the Apostle Catholic Church (1968 Sandbndge Road) Precinct name and polling place changes are proposed as follows *Corporate Landing precinct (renames existing Strawbndge precinct), the polhng place wdl be Corporate Landing Middle School (1597 Corporate Landing Parkway), *Manor Precinct (renames ex~sbng Indian Lakes precinct), polhng place will be Providence Elementary School (4968 Providence Road) Changes ~n polhng locations are proposed for the following precincts *Fairfield- new location wdl be Kempsvfile Presbyterian Church (805 Kempsv~lle Road), *Stratford Chase new location will be Community United Methodist Church (1072 Old Kempswlle Road/, *Ocean Park new location wdl be Bays~de Commumty Recreation Center (4500 First Court Road), *North Beach - new location will be Galilee Episcopal Church/3928 Pacific Avenue) *Red Wing- new Iocabon w~ll be Birdneck Elementary School t957 S B~rdnecP Road) Changes to ex~stmg boundary lines are proposed for the following precmcf, s Sigma, Brookwood, London Bndge, Culver, Ocean Lakes, fu¥~berlake, Dahha, Rosemont Forest, and Glenwood The name of the Woodstock precinct is proposed to be changed to Avalon, its polling place will be Avalon Church of Christ (844 Woodstock Road) The old Salem precinct (south of Salem Elemenlarv}, wdl be renamgd the Cromwell precinct, ~ts polhng place wdl be Salem Un,ted Methodist Church (2057 Salem Road) The boundary of the S~gma precinct will be modified, ano ,ts polling place changed to Red Mdl Elementary School (1860 Sandbndge Road) After adoption by Qty Council, these changes will become effecbve followlr~g approval by the United States Department of Justice. pursuant to the Voting R~ghts Act of 1965, as amended Once approved, these changes will not become effective until February 10, 2004. Descnpt~ons and maps of the proposed precinct, precinct boundary and polhng place changes, as well as a copy of the aforesaid ordinance, ma;y be respected in the Voter Reglstrar's Office. Municipal Center, Building 14, 2449 Princess Anne Road, ¥1rgln~a Beach, Virginia 23456 All interested persons are invited to attend and speak at the hearing on September 23rd, which w~lt be conducted In the City Coun, ~t Chamber m Building i 2401_ Courthouse Dnve, V~rCjma BeacI~ RL~th Hodges Smith, MMC C~tv R,,ar ~,; qr-n~p,~i~,r ~ and .%~.r)t~.mt~¢., ,~ ~, 2003__ 10641 J ORDINANCES 1 Ordinance to AMEND and REORDAIN § 10-1 of the City Code re' o o o o a Create new precincts and polling places Modify precinct boundaries Change existing precinct names and polling places Ordinance to AMEND §§ 35-70 thru 35-74 of the City Code re real estate tax by providing partial exemptions for certain rehabilitated, renovated, replacement commercial or industrial structures Ordinance CONFIRMING the City Manager's declaratton of a local emergency due to the imminent threat of disaster posed by Hurricane Isabel. Ordinance AUTHORIZING a non-binding MEMORANDUM OF UNDERSTANDING (MOU) between Hampton Roads Transit (HRT) and the City re negotiation of process to acquire right-of-way from Norfolk Southern Railway Company. Ordinance to DECLARE EXCESS PROPERTY at 1876 Wildwood Drive; and AUTHORIZE the City Manager to convey this property to Baymark Construction Corporation. Ordinance to AUTHORIZE the purchase of 1.50 acres of real property from ROBERT LESLIE FLOWERS, JR.. for $18,000 to establish a neighborhood park at the southern end of Pocasset Court, The Lakes, and AUTHORIZE the execution of all necessary documents. (DISTRICT - 3 ROSE HALL) Ordinance to AUTHORIZE the City Manager to exercise the 2001 Option Agreement and the purchase of real property from THIS and THAT, LTD. at Rudee Loop; EXECUTE all necessary documents for this purchase at $400,000 less the $50,000 option payment; and, AUTHORIZE lease of this property. Ordinance to ACCEPT and APPROPRIATE a $175,115 grant from the Federal Bureau of Justice Assistance and TRANSFER $19,4587 from the General Fund Reserve for Contingencies with increase federal revenue accordingly re law enforcement (LLEBG): a Community Corrections $20,988 b. General District Court $25,000 c Mag~strate's Office $ 3,187 d Police Department $97,620 e Sheriff's Department $47,777 Ordinance to TRANSFER $100,000 from various buildings rehabilitation and renewal to Pendleton parking lot expansion and public restroom facdlties at Croatan Beach. OUR #1k'~l CITY OF VIRGINIA BEACH AGENDA ITEM TO' The Honorable Mayor and Members of Council FROM: James K Spore, City Manager ITEM. An Ordinance to Amend and Reordain Section 10-1 of the City Code by Adding Eight New Precincts, Changing Polling Locations and Boundary lines For Precincts Resulting From Population Increases. MEETING DATE: September 23, 2003 Background: The Virginia Beach Electoral Board voted on July 15 and August 21, 2003 to create e~ght new precincts, and make other boundary hne and polling location changes. Growth and development ~n the city, and DMV voter registration opportumties have increased the size of Centerville, Brandon, Hunt, Bellamy and Bonney precincts near the precinct limit set by law and necessarily need to be split. As a result, Tallwood, new Strawbridge, Pleasant Hall, new Indian Lakes, Reon, Rock Lake, Shelburne and Upton will be created. Boundary line changes were made by the Board to equalize and reduce College Park, Glenwood, Salem, Landstown and others Considerations: All of the locations do meet requirements of the Americans with D~sab~lit~es Act. These changes will become effecbve upon approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended beginning with the February 10, 2004 Presidential Primary Election. Public Information: As required by Section 24.2-306 of the Code of Virginia notice of these proposed changes were published in the newspaper once a week for two consecutive weeks All voters in the new precincts, voters with new polling locations, precinct name changes and only voters who are affected by boundary line changes w~ll receive new voter cards w~th the name and addresses of the new polling locations. An advertisement w~ll be placed in the newspaper prior to the Presidential Primary Election to be held February 10, 2004. Budgetary Impact: The cost for the notification of cibzens, new election officials and voting equipment w~ll be $40,000 and some funds are available in FY 2004-2005 budget Recommendations' Adopt the proposed changes. Attachments: Recommended Action: ~ iut~ n~iattni na~ ~e~n~A.~c~M a r ~<~~_H ~ t,~~trar 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO THE CREATION OF EIGHT NEW VOTING PRECINCTS AND POLLING PLACES, MODIFICATIONS OF PRECINCT BOUNDARIES, AND CHANGES OF PRECINCT NAMES AND POLLING PLACES SECTION AMENDED: ~ 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Woodstock Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Avalon Church of Christ Heritage United Methodist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Center for Effective Learning Brandon Middle School Brookwood Elementary School Holy Spirit Catholic Church 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver Dahlia Davis Corner Eastern Shore Edinburgh Edwin Fairfield Foxfire Glenwood Great Neck Green Run Holland Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School Ail Saints Episcopal Church Green Run Elementary School Holland Elementary School 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Homestead Hunt Indian Lakes Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Manor Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Pembroke Plaza Pleasant Hall Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Providence Elementary School Windsor Woods Elementary School First Baptist Church of Virginia Deac~h Galilee Episcopal Church Ocean Lakes Elementary School Bayside Christian Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Point O'View Red Wing Reon Rock Lake Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Kempsville Church of Christ Seatack EI=~LL=~az-'3 School Birdneck Elementary School Woodstock Elementary School Salem Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Seatack Community Recreation Center Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church St. John the Apostl= Cat~-'ic~u~ ~,u~ Red Mill Elementary School Contemporary Art Center of Virginia Providence ~ement~ry School Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church St. John the Apostle Catholic Church 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building BE IT FURTHER ORDAINED: That the following precinct boundary changes, as described below and set forth in greater detail in the maps labeled "Precinct Boundary Changes" filed with the City Clerk on September 23, 2003, are hereby approved- Precinct Name Change (a) Indian Lakes New precinct (re-used name), results from splitting Bellamy precinct east of Pleasant Valley Road. (b) Pleasant Hall New precinct, created by splitting Bonney precinct south of Bonney Road. (c) Reon New precinct, results from splitting College Park east of Level Green Boulevard. (d) Rock Lake New precinct, created by splitting Old Salem precinct north of Salem Elementary School. (e) Shelburne New precinct, results from splitting Landstown north and east of Holland Road. (f) Strawbridge New precinct (re-used name), created by splitting Hunt precinct north of Windy Pines Bend. 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 (g) Tallwood New precinct, includes portion of Brandon precinct south of Brandon Boulevard and west of Centerville Turnpike and southern portion of Centerville precinct. (h) Upton New precinct, includes portion of Culver precinct west of Upton Drive and a portion of Sigma precinct west of Elson Green Avenue. (i) Sigma Consists of the remaining existing Sigma precinct east of Elson Green. ( j ) Broo kwood Portion of London Bridge precinct west of Lynnhaven Parkway to be added. (k) Culver Portion of existing Ocean Lakes precinct east of Bold Ruler added; portion of Culver west of Upton Drive to be made part of new Upton precinct. ( 1 ) T imbe r 1 a ke Portion of Dahlia precinct south of Dahlia Drive to be added to Timberlake precinct. (m) Rosemont Forest Portion of Glenwood precinct east of Round Hill Drive and north of Ware Neck Drive to be added. (n) Cromwell Consists of Old Salem precinct south of Salem Elementary School. COMMENT The proposed amendment establishes eight new precincts and polling places, as well as changing precinct names and polling places. · i 173 BE IT FURTHER ORDAINED: 174 175 That the changes to precincts and polling places contained in this ordinance shall not be effective until after the November 3, 176 177 2003 general election and approval by the U. S. Department of Justice. 178 179 180 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2003. CA-9008 DATA/ORDIN/PROPOSED/10-1ord.wpd R3 September 10, 2003 APPROVED AS TO CONTENTS' APPROVED AS TO LEGAL SUFFICIENCY- City Attorney's Office CITY OF VIRGINIA BEACH AGENDA, ITEM,, , , ITEM: Ordinance Authorizing the Use of Partial Real Estate Tax Exemptions for Eligible Commercial and Industrial Properties MEETING DATE: September 23, 2003 · Background: The City Council expressed interest in redevelopment strategies during their 2003 retreat and previous retreats. As Virginia Beach ages and nears build- out of available vacant land, redevelopment becomes a vital strategy to strengthen and preserve the tax base. Council was initially briefed on February 11, 2003 on redevelopment and applicable redevelopment tools. Council was briefed again on August 12, 2003 on using tax credits to promote redevelopment. The City currently uses tax credits to encourage historical preservation, but no attempt has been made to encourage other types of redevelopment. · Considerations: The proposed ordinance will establish the framework to provide tax credits to property owners who substantially rehabilitate, renovate or replacement eligible commercial or industrial properties. The exemptions will be limited to defined districts in the City. The eligibility criteria will be stringent and will demand a high level of investment that encourages high density, mixed-use projects. These rehabilitations will not only conserve existing available vacant land for future use and growth, but will strengthen the tax base by transforming under-utilized properties into more attractive and productive business locations. The boundaries and criteria for these districts will be established later by amendments to this ordinance. · Public Information: Information will be provided through the normal agenda process and was publicly broadcasted on February 11 and August 12, 2003; the Virginian-Pilot published articles on this subject on February 11 and September 1, 2003. Recommendations: Adoption of ordinance. Attachments: Ordinance and Policy Report Recommended Action: Adoption of Ordinance Submitting Department/Age. ncy: City Manager City Manager~ ~/,~,~~L_ AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO REAL ESTATE TAX BY PROVIDING PARTIAL EXEMPTIONS FOR CERTAIN REHABILITATED, RENOVATED OR REPLACEMENT COMMERCIAL OR INDUSTRIAL STRUCTURES SECTIONS ADDED' ~ 35-70, 35-71, 35-72, 35-73 AND 35-74 10 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Sections 35-70, 35-71, 35-72, 35-73 and 35-74 of the City Code are hereby added to read as follows- DIVISION 3.1 E~I~MPTION FOR CERTAIN REHABILITATED, RENOVATED OR REPLACEMENT COMMERCIAL OR INDUSTRIAL STRUCTURES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 35-70. Partial tax exemption for certain substantially rehabilitated, renovated or replaced commercial or · ndustrial structures; policy and intent. It is the purpose of this division to implement the provisions of Article 3, Chapter 32 of Title 58.1 of the Code of Virginia to permit the city to allow a partial tax exemption for certain substantially rehabilitated, renovated or replaced commercial or industrial structures. The exemption will (1) provide an economic incentive for improvement of real estate and (2) prevent deterioration and decay that is harmful to the health and welfare of the city and its residents. This division establishes a procedure for property owners within certain designated areas in the City of Virqinia Beach to obtain partial real estate tax exemptions for certain substantially rehabilitated, renovated or replaced commercial or industrial structures. The eligibility 29 30 31 32 33 34 35 36 37 38 39 40 41 criteria and the term of the exemption shall be established by ordinance for each district and may vary to reflect different property and economic conditions in the city.,. COMMENT This section establishes that the City Council intends to use Virginia law authorizing partial real estate tax exemption to provide economic development and prevent deterioration in certain areas in the City. Sec. 35-71. Definitions For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section. Assessor: Real estate assessor for the City of Virginia Beach. Base value: The assessed value of the structure as of July 1 42 43 44 45 during the tax year in which the rehabilitation, renovation or replacement of the structure begins. Exemption' The real estate taxes resultinq from the increase in the assessed value of a commercial or industrial 46 47 48 49 structure that is determined by the assessor to be directly attributable to the substantial rehabilitation, renovation or replacement of the structure. Exemption districts: Described zones or districts with 50 51 52 boundaries determined by the City Council in which qualifyinq property may be partially exempted from real estate pursuant to the terms of this division or as provided for the district. 53 54 Owner' Ail persons or entities holdinq title to real estate with a commercial or industrial structure or structures thereon for 55 56 57 58 59 60 61 62 63 64 which an exemption is requested, including persons or entities with a leasehold interest as defined by ~ 58.1-3203 of the Code of Virginia. Rehabilitated structure: An existing commercial or industrial structure, no less than twenty (20) years of age, located in an exemption district that has been substantially rehabilitated or renovated, or a replacement commercial or industrial structure located in an exemption district that replaces an existinq structure of no less than twenty (20) years of age. Each district shall have criteria established for the level of improvements 65 66 67 68 69 70 71 72 73 74 75 required for the structure(s) that will be rehabilitated, renovated or replaced. Rehabilitation: Rehabilitation, renovation or replacement of an eliqible structure. COMMENT This section establishes the defined terms used in this division. Sec. 35-72. Partial exemption from taxation for certain rehabilitated, renovated or replacement structures. (a) Exemption authorized amount: Partial exemption from real estate taxes is hereby authorized for qualifying property rehabilitated in accordance with the criteria set out in Article X, 76 Section 6, Paragraph (h) of the Constitution of Virqinia and ~ 77 78 79 80 58.1-3220.1 and 58.1-3221 of the Code of Virqinia of 1950, and this division. The partial exemption shall be an amount equal to the increase in assessed value resulting from rehabilitation of an eligible commercial or industrial structure as determined by the 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 assessor. (b) Procedure to obtain exemption: (i) The application shall be on a form created and supplied by the assessor. Applications must be filed with the assessor prior to the commencement of any rehabilitation for which an exemption is sought. No structure shall be eligible for exemption unless the appropriate building permits have been obtained. (ii) Upon receipt of an application for partial tax exemption, the assessor shall determine the base value of the existing structure. (iii) The application to qualify for tax exemption shall be effective until June 30 of the second calendar year following the year in which application is submitted. If by such expiration date rehabilitation has not progressed to such a point that the assessed value of the structure is at least forty (40) percent greater than the base value of such structure to retain such eligibility, 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 a new application to qualify for tax exemption must be filed and a new base value established. (iv) The initial application to qualify for the rehabilitated structure tax exemption, and any subsequent application, must be accompanied by a payment of a fee of one hundred dollars ($100.00), which shall be applied to offset the cost of processing the application, makinq required assessments, and inspecting the progress of the work. (v) During the period between the receipt of the application and the time the assessor ascertains that the structure has increased so that it qualifies for the exemption authorized by this article, the property shall be subject to taxation upon the full value of the existing improvements to the property. (vi) Any tax exemption shall become effective on the date of the next deadline for payment of real estate taxes following completion of the rehabilitation, renovation or replacement. (c) Vacant Land: Improvements on vacant land are not eligible 124 (d) Credit on tax bill' The owner or owners of property 125 126 127 128 qualifying for partial exemption of real estate taxes under this division shall be credited on the tax bill for the property in the amount of the difference between the taxes computed upon the base value and the initial rehabilitated assessed value of the 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 property for each year of the partial exemption from real estate taxes. The amount of this credit shall not increase, even if the assessed value later increases. ( e ) Decrease in assessment' If a qualifying property's assessed value decreases after the first year of any rehabilitation, the amount of the exemption shall be reduced to the difference between taxes computed on the base value and the decreased assessed value of the property. (f) Exemption to run with land: The exemption from taxation authorized by this division shall run with the land. COMMENT The provisions of this section establish the following: the amount of the exemption, the ineligibility of vacant land, administrative procedures for application, the method of crediting the exemption, the effect of changed assessments, and that the exemption runs with the land. Sec. 35-73. Assessor to provide exemption information; exemptions not to be set out in land book. (a) By August 15th of each year of the period of exemption from real estate taxes, the assessor shall notify the city treasurer of the exemption and the amount to be credited to the owner's tax bill. 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 (b) Pursuant to Code of Virqinia ~ 58.1-3221(c), the commissioner of the revenue shall not list or display any exemption provided by this division in the land book. (c) The assessor shall make available application forms in the assessor's office, in the office of the permits and inspections division of the planning department and on the city's website for use by property owners who propose to rehabilitate qualifying structures. COMMENT This section establishes a deadline for the Assessor to furnish credit information to the City Treasurer. It also makes clear that exemption information cannot be displayed in the land book. Finally, the Assessor is charged with making the applications available to interested persons. Sec. 35-74. Same--Forfeiture of exemption; penalty and interest. (a) The partial exemption for each tax year shall be conditioned upon the payment of the nonexempt amount of real estate taxes on the property on the payment deadlines of each tax year; if, through the fault of the owner, these real estate taxes are not paid on or before these deadlines, the partial exemption for that tax year shall be forfeited. (B) Late payments shall be subject to the penalty and interest provisions of section of 35-37 of this code, with penalty and interest calculated on the total amount of taxes due as if the 171 property were not exempt. 172 173 174 175 176 177 178 COMMENT The exemption is conditioned upon the payment of that nonexempt taxes. In cases where the owner of the partially exempted real property fails to pay taxes due on the property, this provision imposes a penalty on the amount of the taxes that would have been exempt. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2003. CA-8710 DATA/ORDIN/PROPOSED/35-080.2ord.wpd Ri0 - September 3, 2003  ONTENTS: /F i'n !n c e ~D ~p a~r Fm ~e~n t/~ s~ate As/sor f'a I -'E APPROVED AS TO LEGAL SUFFICIENCY: o,~- OUR #PJ;~O~; DRAFT POLICY REPORT: Partial Tax Exemption For Redevelopment Background Protecting the tax base and the well being of the overall economy ~s a key goal of all commun~bes. As Virginia Beach begins to mature, th~s goal w~ll become ~ncreas~ngly important and effective tools are needed to provide ~ncentives for redevelopment and rehabilitation of ex~sbng properties in order to preserve and expand the tax base. These measures are needed to stabihze the assessments of under- performing properties and w~ll, hopefully, bring economic prosperity back to the structure or redeveloped property. Currently, the C~ty only has provisions to grant tax credits for redevelopment of ehgible properties that are "h~stoncally s~gn~flcant" V~rg~n~a Code secbon 58.1-3221 allows Iocahbes to adopt ordinances for the partial exemption from taxation of commercial and mdustnal real estate. However, the Code does prescribe minimum critena for eligibility. The structure to be improved can be no less than 20 years old for commercial or industrial, unless the structure resides in an area designated by the State as an Enterprise Zone, in which case, the structure can be no less than 15 years old. The partial exempbon cannot exceed the amount equal to the incremental ~ncrease in the assessed valuation resulting from the rehabilitation or redevelopment or ~t cannot exceed 50% of the cost of rehabihtabon or redevelopment. There are provisions in this secbon of Virginia Code that permit Iocahties to estabhsh criteria for determining whether the structure (vacant land and land assessments cannot receive exemptions) qualifies for the part~al tax exempbon within prescribed geographical districts. Restricting the eligibility criteria will give the City control over the types of structures that qualify for partial exemption of real estate taxes. Criteria can be estabhshed to ensure that only property in carefully selected areas ~n need of redevelopment w~ll benefit from these provisions. Considerations By hmiting the ehg~b~lity requirements, the City can control the type and quality of redevelopment that ~s desired to preserve and grow the tax base as well as not providing incentives to property that would have been redeveloped or replaced w~thout a partial tax exemption. While this code provision can be used as a tool to provide incentives for redevelopment, it can also be misused on properbes that would have been redeveloped regardless of any public ~ncenbve and thereby, needlessly grant an exemption and reduce the tax y~eld. Establishing meaningful ehgibihty requirements ~s crucial to the effecbveness and success of the program. The success of the program can be measured by meeting the following goals' Significant public benefit would not have occurred without ~nvestment from both the private and pubhc sectors ~n the redevelopment project. The redevelopment project will encourage similar investment ~n the surrounding area. The loss of exempted tax revenue will be offset by the creation of new tax revenues generated from the project. Operational: The ehg~b~hty requirements will be based on the project's size, location, historical assessed valuation trend, economic performance, and overall re-development plan within each established d~stnct. The C~ty can strategically identify locations in the most need of redevelopment and offer a high potential for economic development. Given the various needs throughout the City, specific requirements for each district may vary based on ~nd~v~dual needs of the d~strict, but the Page 1 of 5 DRAFT requirements within each district will be uniformly apphed to each project. Prewous assessment history can demonstrate the need for redevelopment. If assessments and economic acbwty are sluggish or declimng, ~t is hkely that the property ~s not performing to ~t's full potential and could benefit from redevelopment to increase assessments. Rewewlng and approving the redevelopment plan will ensure that the project meets the quality design standards expected by the C~ty. The elements of the redevelopment plan will vary among districts to meet its specific needs for development and w~ll be guided, ~n concept, by the C~ty's Comprehensive Plan The elements w~ll be simdar ~n each district, but the requirements wdl be d~fferenbated by extent and extremity Elements of the redevelopment plan w~ll ~nclude urban design concepts (as opposed to inducing sprawl), architectural or quality standards, density, size (can be based on minimum or maximum standards of block size or project square footage), and usage of the project. Tax credits would not be granted until the eligibility requirements are met and the project is completed. Tax credits can be easdy provide direct incentives to investors w~thout direct investment or substantial commitment from the City to support the project. This incentive most closely resembles Tax Increment F~nanc~ng since real estate taxes from ~ncreased assessments are used to leverage private investment. However, there are some d~fferences: · Tax credits allow the City to capture the incremental growth in the base assessment value whereas TIF uses the incremental growth from the base assessment and the new construction value as the financing structure. · The risks of future assessments are placed on the private investor and not the City. The C~ty takes on added risk when TIFs are used to finance long-term debt to pay for public infrastructure. The revenue from the TIF is used to pay back the debt over a period of 20 years or more. When tax credits are used, the developer does not have to pay taxes out the project's cash flow, which could then be used to finance the cost of construcbon, land assembly, or other project costs. · Tax credits are best used for smaller projects that do not require the C~ty to provide cash investments. This tool could be used to spur many redevelopment projects across the City whereas TI Fs are used to mcentivize fewer large projects that can take substanbal commitment and are isolated in one area of the C~ty. Organizational: After redevelopment occurs and is recorded in the C~ty's land book, the City Real Estate Assessor will compute a tax bdl based on the full value of the property. However, when the bdl ~s sent to the property owner, the credit wdl be applied through the City Treasurer's bdhng system. In effect, the property owner wdl not pay the add~bonal ~ncremental tax on the building value. The method for calculating the partial tax exemption wdl be based on the ~ncreased incremental value (or the difference from the base year and the initial assessment after renovation ~s completed or the structure is replaced) instead of exempting the tax equivalent of 50% of the construction costs. Th~s approach wdl be easier to administer and wdl not be as cumbersome and bme consuming as rewewmg construcbon documents to verify cost ~nformabon. Legal: For each proposed application for partial tax exemption, an ordinance specifying the conditions when a structure has been rehabilitated and conditions under which a tax credit can be applied will be detaded ~n the procedures and cond~bons for quahflcat~on. The tax credit only applies to the value of the building structure, but not the land value. Exempbons may begin upon the complebon of the rehabd~tation, renovation or replacement or on January 1 of the following year. The ordinance will identify when the property has been rehabilitated, the duration and condibons of the tax credit, and methods for determ~mng the base value. Redevelopment gu~dehnes and standards wdl be consistent with the current zomng ordinance and Comprehensive Plan and may change from district to district. The provisions set by Virgima Code section 58.1-3221 wdl be rigorously observed. Page 2 of 5 DRAFT Budget: The overall goals are to protect and expand the C~ty's tax base and local economy and upgrade the quahty of the community. There will be no annual loss ~n real estate tax revenue to the City s~nce the quahfy~ng property will sbll be taxed at the base level assessments plus any natural occurring growth ~n the base assessment. There ~s little risk of lost revenue s~nce the ordinance exempts negative credits g~ven to properties that have assessments lower than their base level. At worse, there is a possibihty of revenue neutrality when credits are given to properties that perform only at h~stoncal levels. In th~s case, the incentive could be seen as m~tigatmg further loss of revenue On the other hand, tax credits could be wewed as "opportunity costs" of defernng real estate taxes on the redeveloped property to achieve higher quahty development and greater economic impact. If the goals of th~s program are achieved, then the C~ty w~ll benefit by add~bonal tax revenue and by stabilized property values. By using tax credits correctly, the City could realize increased tax collections and a greater fiscal and economic impact from new sales growth by redeveloping under-performing commercial property. The partial tax exempbon credit should not affect the current school revenue sharing formula. There are seven local tax revenues shared w~th the school system and the real estate tax ~s the formula's primary revenue source. Each year, these seven revenues grow incrementally and help fund the growing needs of the school system. However, unhke Tax Increment F~nancing, the partial real estate tax exemption does not "freeze" base-level assessments, and the base level assessments are allowed to increase incrementally each year hke any other property The base level assessments are not subject to the partial exemption, only the redeveloped structure is granted the exemption. The tax credit amount will remain constant throughout the exemption term, and would not have occurred "but for" the redevelopment project ~tself If the base year, or year one, assessments are $1M and after the redevelopment occurs, the property ~s now worth $2M, the tax credit is based on the additional $1M ~n assessments and the credit will never ~ncrease above that amount. If the assessments increase to a total of $2.5M ~n year three, the general fund will not only receive taxes on the first $1M of assessments, but also on the assessment increase of $.5M for a new total of $1.5M (see the appendix for an illustration). To reiterate, the property should become more productive and create a positive fiscal impact in terms of increasing sales and gross receipts taxes, which are also part of the school revenue sharing formula. Once the part~al tax exemption concludes, the full ~mpact of the additional taxable value w~ll flow to the Schools and City. Alternative Course of Action If the City elects to not pursue parbal tax exemption credits, it could adopt similar development incentive programs like Norfolk and Portsmouth that use State and Federal tax credits. However, areas in Virginia Beach would have to be identified as Enterprise Zones. This des~gnabon would require a review process from the State and Federal Governments. It should be noted that the C~ty has other tools and ~ncent~ves to encourage development and redevelopment. Parbal real estate tax exempbons are merely another tool for the C~ty to use depending on a project's specific c~rcumstance Overall the City has many tools available for redevelopment ranging from issuing bonds, the EDIP program, Tax Increment Financing, state and federal grants, special serwce d~stncts, zones w~th tax credit ~ncenbves, and various development and redevelopment authorities. Each tool can be applied in d~fferent s~tuat~ons, which are not necessarily mutually exclusive of one another. Recommendations The partial tax exemption credit incentive program ~s recommended for adoption along with appropriate cnteria and quahfy~ng factors. The program should be first instituted as a pilot in a limited zone to test and momtor ~ts application and outcome. Specific conditions and limits should be determined for each designated zone to create a program that best meets the individual needs of that area of the C~ty. If the pilot project is successful, the other zones can be created in strategic target areas throughout the City to encourage redevelopment. When feasible, the C~ty should review ~ts redevelopment strategies that are compatible to the needs of the project to devise an incentive package that could include several incentive Page 3 of 5 DRAFT programs. The conditions set forth in the pilot district will be evaluated after the first year to determine program effecbveness. Any project granted a tax credit during the first year would continue to receive the benefits under the original criteria until the projected expiration date. Prepared by Rewewed by Robed G Fnes Management and Budget Analyst Catheryn R Whltesell D~rector of Management Serwces Date Date Robert J Scott Date D~rector of Planning Jerald D Banagan Chief F~nanc~al Officer Date Date Approved by Leslie L L~lley City Attorney James K Spore C~ty Manager Date Date Page 4 of 5 DRAFT APPENDIX- Partial Tax Exemption Benefits The C~ty's tax base, theorebcally, should expand by ~mplemenbng the part~al property tax exempbon program. If a given commercial property is assessed at $1,000,000 and assessments ~ncrease annually by 1%, in 15 years the property will be valued at $1,150,000. This ~ncrease equates to $13,382 m additional property taxes or an average of $892 per year Figure 1. Before Tax Credit Program Natural Assessment Growth $1,200,000 $1,150,000 $1,100,000 $1,050,000 $1,000,000 $950,000 $900,000 I I I ! I I I I ! I I I I However, after this same property received a tax credit as an inducement to redevelop, the property would be worth $2,000,000 if the ehg~bdity criteria for a tax credit required a 100% increase in assessed valuabon If the property's assessments ~ncreased by 1% annually, ~n 15 years the property will be values at $2,275,000. This increase equates to $23,117 in additional property taxes or an average of $1,541 per year. Total property taxes ~ncrease by 73% over 15 years by implemenbng the part~al tax exemption program. Figure 2. After Tax Credit Program $2,500,000 Growth with Tax Credit $2,000,000 $1,500,000 $1,000,000 $500,000 $0 I I I i ! I I ~ i i ! I I Page 5 of 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Confirm Declaration of Local Emergency MEETING DATE: September 23, 2003 Background: Virginia Code § 44.1-146.21 authorizes the local director of emergency services to declare the existence of a local emergency. As Hurricane Isabel approached the City, the City Manager, who serves as the director of emergency services, issued a declaration of local emergency in light of the imminent threat of danger that this hurricane posed. Considerations: Section 44.2-146.21 requires that the City Council confirm the declaration of local emergency within 14 days. Public Information: This ordinance will be advertised in the same manner other Council agenda items will be advertised. Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager/James K. Spore City Manager: F ~Data~TY~Ord~n~ONCODE~mergency arfwpd AN ORDINANCE CONFIRMING THE CITY MANAGER'S DECLARATION OF A LOCAL EMERGENCY DUE TO THE IMMINENT THREAT OF DISASTER POSED BY HURRICANE ISABEL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, Virginia Code ~ 44-146.21 provides that "[i]n the event the governing body cannot convene due to Iai disaster or other exigent circumstances, the [local] director [of emergency services] . . . may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within fourteen days of the declaration, whichever occurs first"; WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Virginia Code ~ 44- 146.13 et seq.), City Council, by adoption of ~§ 2-411 through 2- 413 of the City Code, created the Office of Emergency Management and appointed the City Manager as the Director of Emergency Management; and WHEREAS, by virtue of the authority vested in him by ~ 44-146.21, the City Manager, as the City's Director of Emergency Management, issued a Declaration of Local Emergency on September 16, 2003, in response to the imminent threat of disaster posed by Hurricane Isabel. 24 25 26 27 28 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to Virginia Code § 44-146.21 City Council hereby confirms the Declaration of Local Emergency issued by the City Manager, in his capacity as the City's Director of Emergency Management, on September 16, 2003, a copy of which is attached hereto as Exhibit A and is hereby incorporated by reference. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2003. CA-9011 ORDIN\NONCODE\isabelord.wpd R-1 September 15, 2003 APPROVED AS TO CONTENT: iy Manager' s ROVED AS TO LEGAL SUFFICIENCY- City Attorne~"s Offid~ EXHIBIT "A" DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions, serious and extensive property damage, and loss or interruption of vital City services posed by Hurricane Isabel to be of sufficient seventy and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Virginia Code § 44-146.21, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by state and local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. /J~'m~s K. Spore, City M~h~ager and ~D.,~ttor of Emergency Management Time I IIIIII IIIII I I I I iiiiiii ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Memorandum of Understanding MEETING DATE' September 23, 2003 · Background: The Norfolk Southern Railway Company is in the process of discontinuing its freight service in Virginia Beach. Once this service has been terminated Norfolk Southern intends to sell its interest in its rail right-of-way (approximately 15 miles in length) that extends from Birdneck Road in Virginia Beach to Park Avenue in the City of Norfolk. Although Norfolk Southern recognizes there may be several parties interested in purchasing the right-of-way, it hopes to limit negotiations for this sale to one primary negotiator. Norfolk Southern intends to complete this transaction by the summer of 2004. Considerations: Hampton Roads Transit has entered into negotiations with Norfolk Southern to purchase a portion of the rail right-of-way ( 4.6 mile segment from Park Avenue in Norfolk to the Virginia Beach Corporate limits). HRT hopes to acquire the right-of-way to accommodate the proposed light rail project in Norfolk. The City of Virginia Beach has also expressed an interest in purchasing the rail right-of-way in Virginia Beach for future municipal and/or transportation uses. Approximately 10.4 miles of the right-of-way is located in Virginia Beach. The City has expressed an interest in collaborating with HRT to negotiate the purchase of the 10.4 mile segment in Virginia Beach. To accomplish this, Virginia Beach and HRT have prepared the attached Memorandum of Understanding (see Exhibit A to attached ordinance). The Memorandum of Understanding sets forth the parameters that will guide the negotiation process between HRT/Virginia Beach and Norfolk Southern. · Public Information: After negotiations are complete, the Council may solicit public input as to how the right-of-way will be used. Alternatives: There are three basic alternatives for the Council to consider: 1) Collaborate with HRT in the negotiation and purchase of the right-of- way; 2) The City can negotiate on its own. This could present problems in light of the fact that Norfolk Southern has expressed its desire to conduct one negotiation; and 3) The City can choose to not purchase the right-of-way. Recommendations: Staff recommends the City execute the Memorandum of Understanding with HRT. The Norfolk Southern right-of-way is a valuable public asset that, if lost, would be irreplaceable. The City, by owning the right-of- way, can protect it for future public uses. Consequently, staff recommends the City proceed with negotiations as defined in the Memorandum of Understanding. Attachments: Three attachments are included for the Council's consideration: 1) The Memorandum of Understanding which sets forth the parameters under which the City and HRT will participate in the negotiation process to purchase the Right-of-Way located in the City of Virginia Beach; 2) A Summary of Terms of the Memorandum of Understanding; and 3) An ordinance authorizing the City Manager to sign the Memorandum of Understanding with HRT. Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: ~t~ I/~-.- '~~'~ ORDINANCE APPROVING A NON-BINDING MEMORANDUM OF UNDERSTANDING BETWEEN HAMPTON ROADS TRANSIT AND THE CITY OF VIRGINIA BEACH RELATING TO THE NEGOTIATION PROCESS TO ACQUIRE RIGHT-OF-WAY FROM NORFOLK SOUTHERN RAILWAY COMPANY WHEREAS, Norfolk Southern Railway Company ("Norfolk Southern") is in the process 9 of abandoning its freight service railroad operation on 1ts rail line extending from Park Avenue 10 the City of Norfolk to Blrdneck Road in the C~ty of V~rglma Beach, and intends to sell its 11 interest in the approximately 15-mile strip of right-of-way ("R~ght-of-Way") 12 WHEREAS, Transportation District Commission of Hampton Roads, a body corporate 13 and politic created pursuant to the Transportation District Act of 1964, d/b/a as Hampton Roads 14 Transit ("HRT") and the City, recogmzlng the potential value to the pubhc as an assembled 15 hnear parcel, desire to preserve the Right-of-Way as a continuous strip of property. 16 WHEREAS, HRT Intends to acqmre the approximately 4.6-mile segment of the R~ght-of- 17 Way located in the C~ty of Norfolk for purposes of estabhsh~ng a hght rail passenger service 18 oper~lon 19 WHEREAS, The Council of the City of Virginia Beach has an interest in purchasing the 20 approximately 10.4-mile segment of the Right-of-Way located in the City of Virginia Beach for 21 future municipal and/or transportation uses and other public purposes 22 WHEREAS, Norfolk Southern desires to limit the negotiations for the purchase of the 23 Right-of-Way to one primary negotiator for the purchaser(s) and to sell ~ts interest in the entire 24 Right-of-Way at the same t~me. The City of Virginia Beach and HRT wish to accommodate 25 Norfolk Southern in these desires. 26 WHEREAS, HRT has already begun negotiations with Norfolk Southern on behalf of the 27 City of Norfolk and Norfolk State University and has offered to facilitate negotiations between 28 Norfolk Southern and the C~ty of V~rg~ma Beach for the R~ght-of-Way located ~n Virginia Beach 29 and to act as the lead negotiator. 30 WHEREAS, the Council agrees that the C~ty of V~rg~ma Beach should enter ~nto a 31 Memorandum of Understanding setting forth the parameters relating to the negonatlon process to 32 acqmre the Right-of-Way located ~n the C~ty of Vlrglma Beach w~th HRT 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 That the City Manager is hereby authorized and directed to sign on behalf of the 36 C~ty of Vlrglma Beach, the Memorandum of Understanding with HRT in a form substantially as 37 presented and attached hereto as Exhibit "A". 38 39 40 41 42 43 44 45 46 Adopted by the Councd of the C~ty of Vlrg~ma Beach, Virginia, on the ~ day of APPROVED AS TO CONTENT ,2003. ~/l)l;& (q. ~ira.,_~lSe%.. ~"ubhc Works, Real Estate D~ws~on CA-8993 R-1 PREPARED 9/16/2003 F ~DataXATY'ff:ormsXDeeds\WORKINGXNorfolk Southern Rt of Way\CA8993 ORD doc APPROVED AS TO LEGAL FF CIEN / - D'~ppa~-~nt of-La'"~'"'x MEMORANDUM OF UNDERSTANDING BETWEEN HAMPTON ROADS TRANSIT AND THE CITY OF VIRGINIA BEACH THIS MEMORANDUM OF UNDERSTANDING, made and entered into this day of , 2003, by and between the Transportation District Commission of Hampton Roads, a body corporate and pohtm created pursuant to the Transportation District Act of 1964, d/b/a as Hampton Roads Transit ("HRT") and City of Virginia Beach, a municipal corporation of Virginia (the "City"). Recitals A. Norfolk Southern Railway Company ("NS") is ~n the process of abandoning its freight sermce railroad operation on ~ts rail line extending from Park Avenue in the C~ty of Norfolk to Blrdneck Road in the City of Virginia Beach. NS intends to sell its interest in the approximately 15-mile strip of right-of-way (the "NS Right-of-Way"). B. HRT and the City each desire to preserve the NS Right-of-Way as a continuous strip of property, recogmzlng its potential value to the pubhc as an assembled hnear parcel C. HRT intends to acquire the approximately 4 6-male segment of the NS Right-of- Way located in the City of Norfolk for purposes of estabhsh~ng a light rail passenger service operation D. The City has an interest in purchasing the approximately 10.4-male segment of the NS Right-of-Way located in the City of Virginia Beach for future municipal and/or transportation use and other public purposes E. NS has stated 1ts desire to limit the negotiations for the purchase of the NS Right- of-Way to one primary negotiator for the purchaser(s). NS also desires to sell its interest in the entire line of the NS Right-of-Way at one time, with an agreement to be reached by the end of 2003 and a sale to occur by the summer of 2004 Accordingly, the City and HRT wish to accommodate NS in these desires. F HRT has already begun negotiations with NS on behalf of the City of Norfolk and Norfolk State University and has offered to faclhtate negotiations between NS and the City for the NS Right-of Way located in Virginia Beach and to act as the lead negotiator G. HRT supports the City's desire to acquire the Virginia Beach segment of the NS R~ght-of-Way, and to that end, HRT and the City enter into th~s Memorandum of Understanding setting forth the parameters relating to the process to acquire the NS Right-of-Way from NS. NOW, THEREFORE, ~n consideration of the mutual premises and agreements contmned herein, and other good and valuable consideration, the recmpt and sufficiency of which are hereby acknowledged by both part~es, the part~es agree as follows 1. Process for Negot~anng for Purchase of NS R~ght-of-Way with NS , HRT, the C~ty and the prospective purchasers of the Norfolk segment of the NS R~ght-of- Way will form a umted negotianng team. HRT will act as the lead agency ~n the negotiations w~th NS relating to the acquisition of the entire NS Right-of-Way, including the port~on located ~n V~rglma Beach The City wall be directly ~nvolved in the negonations and the acqms~t~on process; however the City will not have any independent contact with NS regarding thts specffic acqmslt~on whale HRT is involved in ~ts d~scuss~ons wlth NS on behalf of prospective Norfolk and V~rg~ma Beach purchasers HRT wall not make any offers, concede any terms of sale, or refuse any counteroffers on behalf of the C~ty or otherwise affect the bargmmng pos~t~on of the C~ty w~thout the expressed consent of the C~ty through its designated contact person. The C~ty is not required to buy the NS R~ght-of-Way if the pames are unable to negotiate a price and terms that are acceptable to the C~ty. The goal of these negotiations ~s to allow the C~ty to successfully purchase the Vxrg~ma Beach segment of the NS R~ght-of-Way, and HRT shall not take any action that operates agmnst this purpose. As to the V~rg~nia Beach segment of the NS Right-of Way, HRT will not act as a negotiator for any competing prospective purchaser. In the event the City is unable or unwilling to purchase the V~rg~ma Beach segment, HRT may purchase the segment, provided, however, that the C~ty has first ~nformed HRT ~n writing that it no longer Intends to purchase all or any part of the Virg~ma Beach segment of the NS Right-of-Way Designated contacts for each party are set forth below. HRT Ms. Jayne Whitney Chief Development Officer Hampton Roads Transit 3400 V~ctorla Boulevard Hampton, VA 23661 757-222-6000 X6084 iwhitne_v~hrtransit, org C~t¥ of V~rg~ma Beach J~m Lawson City Real Estate Agent Department of Pubhc Works/Real Estate 2405 Courthouse Drive Budding//2, Suite 392 V~rglma Beach, VA 23456 757-427-8387 jlawson~vbgov.com Appraisal. In 2000, HRT and NS obtained an apprmsal of the entxre NS Rxght-of-Way. NS has agreed to pay for an update of the appraisal to bnng it current It ~s anticipated that the updated apprmsal wall be completed during the summer of 2003 HRT and NS have agreed that the updated appraisal value wall serve as a ceiling for purposes of negotiating a purchase price for the ennre NS R~ght-of-Way. The City retains the right to obtmn xts own apprmsal, but the C~ty ~s under no obhgatmn to do so o When the 2000 appraisal was performed, the rail assets, e.g., t~es, rail, etc. (the "Rail Infrastructure") were also apprmsed. W~th NS's pending line abandonment it is expected that the Rail Infrastructure has no value and, thus, will not ~mpact the final purchase price of the NS Right-of-Way Surveys, Title Work, Environmental Site Assessments and Legal Costs During the Negotiations. Dunng the negotiations for the purchase of the NS Right-of-Way, the City will bear the cost of obtaining title work and enwronmental s~te assessments ("ESAs") on the Virginia Beach segment of the NS Right-of-Way, should the City decide title work and ESAs are necessary; HRT will bear the cost of an encroachment survey of the entire NS Right-of-Way, including that portion of the NS Right-of-Way that is ~n Virginia Beach HRT and the City w~ll each bear their own legal costs. HRT may not retain or perform title work, ESAs, or any legal services for the City at the City's expense without the City's advance written authorization. HRT will provide the City copies of all documents it may have in its possession pertaining to the title or environmental condition of the Virginia Beach segment of the NS Right-of-Way, including without limitation old title reports, surveys, deeds or previous site studies. The City will not be responsible for any costs or expenses of any k~nd pertaining to the Norfolk segment of the NS Right-of-Way 4. Process for Acqumng the NS Right of Way After negotiating a purchase price for the entire NS Right-of-Way, there remains the task of actually acquiring the line. Because it is NS's stated desire to sell its interest in the entire line at one time, the City understands that it may be required to fund 1ts share of the purchase price (to be determined in the negotiations with NS) at the same time the purchaser of the Norfolk segment funds its share. However, the City is free to pursue, ~n accordance with the process set forth in Paragraph 1 of this Memorandum of Understanding, alternative payment arrangements with NS as part of the negotiations, such as an installment plan, lease/purchase, or other financial plan. 5. Timetable for Negotiation for and Acquisition of the Right of Way If, by the Target Date (defined below) HRT has not successfully facilitated an agreement between the City and NS, then the City may (upon notice to HRT in writing) terminate this Memorandum of Understanding and pursue negotiations directly with NS for the acquisition of the segment of the NS Right-of-Way located in Virginia Beach. Prior to the Target Date, the City may pursue negotiations directly with NS for the acquisition of the segment of the NS Right-of-Way located in Virginia Beach only if HRT has first notified the City in writing that it has abandoned active pursuit of an agreement with NS to purchase the NS Right-of- Way on behalf of the City. The term "Target Date" means the date thirty (30) months after the final execution of this Memorandum of Understanding 6. Disposition of the Vlrg~ma Beach Port~on of the Right of Way The pames recogmze a mutual desire to preserve the option of transportation uses on the NS R~ght-of-Way, and they recognize HRT's strong interest ~n preserving the potential for hght raft to be installed on the NS Right-of-Way in V~rg~ma Beach, should the C~ty decide ~n the future to pursue a hght rail project. In hght of these considerations, should the C~ty purchase the V~rglma Beach segment of the NS R~ght-of-Way, the C~ty will consult with HRT to mlmm~ze the ~mpact on potential future mass transportation uses before selhng or slgmficantly disturbing the integrity of the NS R~ght-of-Way. For example, if the C~ty dec~des to Install a bicycle or pedestrian path, horseback-n&ng trml, or paved street on ~ts portion of the NS Right-of-Way, the C~ty will consult w~th HRT before doing so, to determine the ~mpact of such use on the potential for hght raft or other mass transportation options, and to discuss with HRT options to preserve sufficient room for light rail potential ~f the NS R~ght-of-Way can accommodate multiple uses Nothing in this Memorandum of Understanding, however, shall obligate the City to pursue hght raft or any other use or give HRT any control over how the C~ty uses the NS R~ght-of- Way after the C~ty acqmres ~t 7. Application for Credit Toward Future Mass Transportation Prolects. The City may, at any time upon written notice to HRT, apply to the appropriate agency to have (1) the monies prod by the City for the purchase of the NS Right-of-Way, or (2) the then-determined value of any easement, leasehold ~nterest or fee ~nterest contributed to any future mass transportation project, at the C~ty's sole &scretlon, credited towards the C~ty's local share (local match) of any mass transportation system that m~ght be developed on the NS Right-of-Way ~n the future HRT will cooperate with such application in order to facilitate such credit. 8. Maintenance of the Right of Way after Acqms~tlon/Lease Upon acqumng the Norfolk port~on of the line, HRT will assume full responsibility for maintenance and security of the Norfolk secUon of the NS Right-of-Way. Upon acquiring title and/or right of exclusive possession of the section of the NS Pdght-of-Way located ~n Vlrglma Beach, the Cay will assume all respons~blhty for the maintenance and security of the NS Right-of-Way ~n V~rglma Beach, ~nclud~ng but not hm~ted to vegetation control and encroachment prevention and reme&at~on. After acqmsltion, the C~ty shall have no responsibility for the maintenance of the raft assets ~nclud~ng ties, rafts, crossing protection, etc. Once abandonment of the raft freight operauon ~s officmlly granted, the City agrees to consult w~th HRT before removing or paving over any rail crossing, in accordance with Paragraph 6 of th~s Memorandum. To the extent provided ~n the property sales agreement, the C~ty will receive all revenues generated by easements, license agreements, etc. related to third party use of the right of way located m Virginia Beach The Cay agrees to consult with HRT before entenng into any new easement-type agreements, including renewal of any existing easements or use agreements. This Memorandum of Understanding may require modification in the future and is intended to reflect the understandings between the parties as of the date of this Memorandum of Understanding IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed as of the date first written above. ATTEST/WITNESS. CITY OF VIRGINIA BEACH, a municipal corporation of Virginia City Clerk (Seal) By: City Manager/Authorized Designee of City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Cl~y ~ttorne3)' ~-Off~ce ~ APPROVED AS TO CONTENT ~-Ffibhc Works/Real Estate APPROVED AS TO AVAILABILITY OF FUNDS /- ManageffaenqServmes - - ATTEST/WITNESS' .(Seal) Secretary Transportation District Commission Of Hampton Roads Transportation District Commission Of Hampton Roads By: .(Seal) Michael S. Townes President/CEO F XData\ATYXForms\Deeds\WORKING\Norfolk Southern Rt of WayXMOU w~th HRT 1 doc C \Documents and SettmgsXrkubln\Local Settmgs\Temp\GWV~ewerhMOUmsert re term~nauon2 doc Attachment A Preliminary Timetable for Right of Way Negotiations with Norfolk Southern July 2003 (1) Identify key buy/sell/lease points- Week I (2) Structure proposals to RR - Weeks 2 through 6 (3) Review options/variations on basic purchase/lease proposals - Weeks 6 through 10 (4) Present key proposal/contract concepts to HRT - Week 12 (5) Refine strategic plan- Weeks 13 through 15 (6) Review cost imphcatlons - Weeks 13 through 15 (7) Enter RR negotiations - Week 16 (8) Support RR negotlahons - Weeks 16 through 18 (9) Develop term sheet- Week 19 (10) Draft agreement- Week 20 (11) Submit agreement to RR - Week 21 (12) Revise agreement based on RR comment and resubmit- Week 24 (13) Finahze agreement- Week 30 NOTE: Final execution of the agreement with Norfolk Southern is subject to the successful completion of Norfolk Southern's pehtion to the Surface Transportation Board (STB) to abandon service on the Virginia Beach Line in the C~tles of Norfolk and V~rglnia Beach. SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANING Parties. HRT and the City of VlrgIma Beach Purpose To set forth a cooperative procedure for negotiating with Norfolk Southern Railway Company for the purchase of approximately 15 miles of right-of- way in Virginia Beach. Process HRT will be the lead negotiator, but the City will be "at the table" and a part of all negotiations HRT will not make any offers or affect the City's bargaining position in any manner without the City's express consent. The City will not be required to buy the property, and will only purchase it on terms and conditions it specifically agrees to Because Norfolk Southern want to sell the entire property in one transaction, if an agreement is reached, the City may be required to pay the purchase price at the same time the purchaser of the Norfolk segment pays its share Payment terms are negotiable, however Costs. The City will pay for obtaining any title work or environmental site assessments if the City decides they are necessary HRT will pay for an encroachment survey of the right-of-way in V~rgima Beach. Each party will bear its own legal costs. The C~ty will not pay for any costs associated with the sale of the Norfolk segment of the right-of-way. Termination: The agreement terminates after 30 months if no purchase agreement has been reached Until that time, the City may not independently negotiate with Norfolk Southern. No restrictions on future use of property: HRT has no control over the C~ty's future use of the property The City does agree to consult with HR to minimize the impact on potential future transportation uses before selhng or s~gmficantly disturbing the integrity of the right-of-way. CA-8993 F \Data~TY\Forms\Deeds\WORKING\Norfolk Southern Rt of Way\SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANING doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of City Property at 1876 Wildwood Drive to Baymark Construction Corporation MEETING DATE: September 23, 2003 Background: This site was used by the Department of Mental Health, Mental Retardation & Substance Abuse Services ( the "Department") for treatment offices until two years ago when the City purchased the Magic Hollow property. Several of the Department's uses were consolidated into Magic Hollow facility w~th the understanding that the W~ldwood Dr~ve property would be sold, and the Department of Mental Health would be reimbursed upon sale of this property At the public heanng held on March 4, 2003 to declare the property excess and obtain public comment on the sale of the property, C~ty Council requested proposals for the sale and development of the s~te. Accordingly, the C~ty advertized a request for proposals for the sale and development of the site on March 30, 2003 and renewed the ad on July 6 and July 13, 2003 The advertisement required that responses should ~nclude an offering pnce, a detailed descripbon of the development proposed for the construction and architectural renderings of the proposed development. The C~ty received four proposals on or before the deadline of August 5, 2003 w~th offenng prices ranging from $680,000 to $1,000,000 for the property. Considerations: The City staff reviewed all of the proposals and determined that Baymark Construction Corporabon ("Baymark") submitted the highest and best proposal for development of the property Baymark desires to build approximately 28 upscale town house style condominiums on the property which w~ll require a conditional rezoning of the property. Baymark plans to purchase the property for $1 ,ooo,ooo. Public Information: A public heanng to receive public comment on the proposed sale as required by Section 15 2-1800 of the Code of Virginia was adverbsed on September 14, 2003, and nobce of th~s ordinance w~ll be handled through the normal agenda process. Alternatives: Sell the property to Baymark, or retain ownership of the subject s~te. Recommendations: Staff recommends that Council adopt the ordinance and declare the property to be ~n excess of the City's needs and authorize the City Manager to convey the property to Baymark ~n accordance with the attached Summary of Terms. · Attachments: Ordinance, Summary of Terms, Plat, Location Map. Recommended Action: Approval Submitting Department/Agency: Pubhc Works City Manager: ORDINANCE NO. AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO BAYMARK CONSTRUCTION CORPORATION WHEREAS, the City of Virginia Beach acquired ownership of a certain parcel 10 of real property containing approximately 2_+ acres, located at 1876 Wildwood Drive ~1 (GPIN' 2408-52-4317)in the City of V~rg~nia Beach, Virginia, (the Property) recorded in Deed Book 1530, at page 0547; 13 WHEREAS, the City has invited proposals for the sale and development of the Property through publication thereof; 15 WHEREAS, the City received four responses for the sale and development of the Property; 17 WHEREAS, Baymark Construction Corporation has submitted the highest and best response for the sale and development of the Property; and 19 WHEREAS Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach, and it ~s expedient and in the best interests of the C~ty ~.1 to convey the Property to Baymark Construction Corporation. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 1. That the following described Property is hereby declared to be in 25 26 excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey the said Property to Baymark Construction Corporation on the terms 27 and conditions set forth in the attached Summary of Terms. 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 All that certain lot, piece or parcel of land situate ~n the City of Virginia Beach, Virginia, and designated and described as "2.000 ACRES" as shown as on that certain plat entitled: "SURVEY OF A PORTION OF THE JOHN W. POTTER, et al PROPERTY TO BE CONVEYED TO ATLANTIC MENTAL HYGIENE CENTER ADVISORY 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 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 Virginia non-stock corporation, dated October 29, 1975 and recorded ~n the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, at page 547 (GPIN: 2408-52-4317). 2. That One Million Dollars ($1,000,000.00) is to be the 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 insertions and modifications as may be deemed necessary and/or advisable by the City Manager and may be approved by the City Attorney. 4. That the monies received from the sale of the Property are to be appropriated to the department of Mental Health, Mental Retardation, & Substance Abuse Services. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of ,2003. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA-8994 PREPARED R-1 September 4, 2003 ~M'partment of Pubhc Works APPROVED AS TO LEGAL SUFFIE.IENCY I~epartment of Law EXHIBIT A e~ ¢XlL l~ JANUARY /t, 196g JR i Assoc~^T~ OWNER: BUYER: SALE PRICE: SUMMARY OF TERMS AGREEMENT FOR THE SALE OF EXCESS PROPERTY AT 1876 WILDWOOD DRIVE City of Virginia Beach. Baymark Construction Corporation- R~chard Foster, President $1,000,000 payable as follows: $100,000 upon execubon of Agreement of Sale; and $ 900,000 at settlement in cash or by certified check. SETTLEMENT DATE: Upon expiration of the Due Diligence Period and sabsfactory completion of a conditional rezoning and final site plan approval. SPECIAL TERMS AND CONDITIONS: The sale of this Property ~s conditioned upon Buyer obtaining a cond~bonal rezoning from O-1 Office to A-18 (Attached Dwelling for Sale) but in no event less than 28 town house style condominium units. Nothing ~n Summary of Terms, the Agreement of Sale or any other definitive agreement between the City and Buyer shall constitute or be deemed to be any agreement by the City to rezone the Property. Baymark must make application for a conditional rezoning to the Planning Department no later than 14 calendar days from the date of expiration of the Due Ddigence Period (90 days from the date of complete execution of the Agreement of Sale) and must pursue the rezoning in good faith. Baymark shall commence in good faith and diligently pursue actual construction of the multi family residenbal dwellings no later than 180 days from the settlement date. This shall be a continuing obligation which shall be included in the deed of conveyance to run with the land and be binding upon all owners of the Property during their period of ownership. If Baymark fads to commence construction of the multi family residential dwellings w~th~n the 180 day period , and pursue construction of such dwellings to completion, then at any bme thereafter the C~ty shall have the right and option to repurchase the Property in the amount of the original purchase price Baymark paid for the Property ($1,000,000). JIM LAWSON ^GENDA. DGN 0 o o # 1875 Z60,PG, LOCATION MAP SHOWING EXCESS CITY PROPERTY 1876 WILDWOOD DRIVE GPIN 2408-52-4317 1" = 200' PREPARED BY PAN ENG CADD DEFT, FEB. 12, 2003 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Purchase of 1 50 Acres of Property Located at the Southern End of Pocasset Court in The Lakes Subdiws~on from Robert Leshe Flowers, Jr for $18,000 MEETING DATE: September 23, 2003 Background: The subject property ~s one of four (4) properties in the Lakes subdivision that escheated to the Commonwealth of V~rgin~a due to non-payment of taxes by the Lakes Homeowners Assoc~abon (now defunct). Th~s particular parcel is designated as "PARCEL 2B" on the subdivision plat and contains approximately 1 50 acres. The Commonwealth of Virginia sold the subject property to Robert Leslie Flowers, Jr on October 5, 1999 Mr. Flowers has offered to sell the property to the C~ty for $18,000. Considerations: C~ty staff has determined that $18,000 ~s a fair and accurate value for the property which ~s encumbered w~th a drainage and utility pipe Furthermore, one-half of the property hes w~th~n the lake area The C~ty's Department of Parks and Recreabon has determined that the property would be suitable for neighborhood recreabonal facilibes and open space Funds to purchase the property are available through the Neighborhood Park Acquisition and Development CIP account (CIP 4-950) Public Information: Nobce of this ordinance w~ll be handled through the normal agenda process Alternatives: Purchase the property or reject Mr Flower's offer to sell the property to the City Recommendations: Staff recommends that Council adopt the ordinance and authorize the City Manager to purchase the property from Robert Leslie Flowers, Jr for $18,000 in accordance w~th the terms contained ~n the Purchase Agreement Attachments: Ordinance, Locabon Map Recommended Action: Approval Submitting Department/Agency: Public Works 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AUTHORIZE THE PURCHASE OF APPROXIMATELY 1.50 ACRES + OF PROPERTY LOCATED AT THE SOUTHERN END OF POCASSET COURT IN THE CITY OF VIRGINIA BEACH FOR $18,000 FROM ROBERT LESLIE FLOWERS, JR. WHEREAS, Robert Leslie Flowers, Jr. owns 1.50 acres _+ of real estate located at the southern end of Pocasset Court in the Lakes Subdivision of the City of Virginia Beach, Virginia (the "Property") as shown on Exhibit "A" attached hereto; WHEREAS, the City's Department of Parks and Recreation has identified the Property as a parcel to be considered for acquisition as a part of the City's neighborhood parks initiative, and has recommended that the Property be acquired for such purposes; WHEREAS, the City staff has negotiated an agreement to purchase the Property for $18,000; WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City Council") is of the opinion that the acquisition of the Property would further the City's neighborhood parks initiative; and WHEREAS, funding for this acquisition is available in the Neighborhood Park Acquisition and Development CIP account (CIP 4-950). BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the acquisition of the Property shown on Exhibit "A" attached hereto. THE LOCATION MAP FOR PROPOSED PURCHASE OF PROPERTY. LESLIE FLOWERS, JR. LAKES SUBDIVISION, PHASE 2, PARCEL '2B' 1.50 ACRES+ GPIN 1486-93-6032 SCALE'1" = 200' PART 1 Exhibit "A" LAKES DGN MJS PREPARED BY P/W ENG CADD DEPT AUG 2003 CITY OF VIRGINIA BEACH AGENDA ITEM I I I I III I ITEM: An Ordinance Authorizing the CIty Manager to Purchase and Subsequently Lease the This & That Property for the Rudee Loop Development Project MEETING DATE' September 23, 2003 · Background: On October 4, 2001, the C~ty of V~rg~n~a Beach entered ~nto a $400,000 Opbon Agreement with This & That, Ltd and Dorothy A Pittman to purchase, on or before October 31, 2002, certain property located at Rudee Loop comprised of 5,596 square feet. On October 23, 2002, the C~ty extended ~ts nght to exercise the opbon unbl October 31, 2003. Adjacent privately owned parcels could be assembled prowd~ng a pnme development s~te of up to 10 17 acres, which would ~nclude approximately 4 acres of C~ty right of way and 1 07 acres of VDOT property Various studies indicate that add~bonal lodging w~ll be needed at the oceanfront, especially w~th the completmn of the Convenbon Center Replacement Project To date, the only other Rudee Loop project area property that has been purchased by the C~ty ~s the Beach Quarters Inn The Herman parcels are under opbon and the C~ty ~s closing on the purchase of the Caton property as scheduled for September 30, 2003 and currently negobabng an option to purchase the Overton properties · Considerations: The City has executed the option extension prowslon of the Th~s & That, Ltd Property opbon agreement and the opbon expires on October 31, 2003 The City has spent $50,000 in option and extension fees to date ClP Project 9-302 Rudee Loop Development - Phase I has sufficient monies to fund the $350,000 balance of the purchase price Also, the C~ty w~ll comply w~th 31st Street Development Agreement, which delays the promotion a s~mllar hotel until after the new hotel opens for business · Public Information' Pubhc ~nformabon will be handled through the normal Council Agenda nobficat~on process · Alternatives: Should the C~ty not exercise the opbon to purchase, the property could be sold off separately, resulbng in less than desirable projects, not consistent with the City's ws~on for the resort area In addibon, the C~ty w~ll forfeit ~ts $50,000 pa~d ~n opbon fees to date · Recommendations: Exercise the option to purchase the This & That, Ltd. Property for $400,000 ($50,000 of which has been pa~d) and allow the C~ty Manager to enter ~nto a lease or leases for portions of the improvements on the property for less than five years · Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agencx: Management Serwces City Manager~ ~.., ~~t- F \Data~ATY~Ordln\NONCODE\Tl=lts. E~hat Property Purchase AR1 doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXERCISE THE OPTION TO PURCHASE REAL PROPERTY AT RUDEE LOOP FROM THIS & THAT, LTD, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE OF THE PROPERTY FOR A PERIOD OF LESS THAN FIVE YEARS WHEREAS, the City has entered into an Opbon Agreement dated October 4, 2001, for the purchase of approximately 5,596 square feet of real property at Rudee Loop from Th~s & That, Ltd. for a purchase pnce of $400,000; WHEREAS, the C~ty has expended a total of $50,000 on the real property in option and extension fees to date; WHEREAS, Rudee Loop has been ~denbfled as a prime location for a flagship hotel chain to develop a convenbon facility at the Oceanfront, and the development of Rudee Loop would complement a major expansion of the Pawlion and ~s consistent w~th the Oceanfront Resort Concept Plan; WHEREAS, the City Council has determined the purchase of the Th~s & That Property to be in the best ~nterest of the City; and WHEREAS, there is sufficient funding for the remaining $350,000 purchase price ~n CIP Project 9-302 Rudee Loop Development- Phase I to acquire th~s property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. The C~ty Manager or his designee ~s hereby authonzed to exercise the option on the real property owned by This & That Ltd. for the Rudee Loop Development project and to purchase the approximately 5,596 square feet of real property at Rudee Loop for a purchase pnce of $400,000, $50,000 of which has already been pa~d, on the terms contained ~n the Ophon Agreement. 2. The City Manager is further authonzed to execute all documents that may be necessary or appropnate ~n connection w~th such purchase. 3. The City Manager is further authonzed, following the acquis~bon of the real property from Th~s & That, Ltd., to execute leases for the real property so long as a) the terms of the leases are approved by the C~ty Manager and the C~ty Attorney; b) the form 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of the leases ~s customary and approved by the C~ty Attorney; and c) the terms of the leases are for a penod less than five years. Adopted by the Council of the City of V~rginia Beach, V~rg~n~a, on the of ,2003. APPROVED AS TO CONTENT Managemen'~"'Services / APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CA-8941 F/Data/ATY/Forms/Commerc~al Projects/Rudee Loop/Th~s & That Clos~ngFFh~s & That opbon exer ORD2 doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: Local Law Enforcement Block Grant September 23, 2003 Background: The Local Law Enforcement Block Grant (LLEBG) Program, through the Federal Bureau of Justice Assistance, provides funds to units of local government for the purposes of reducing crime and improving public safety. The Program is designed to allow local communities to address problems specific to their areas. The City has been notified that $194,572 has been allocated for Virginia Beach for the 2003 LLEBG. This funding includes $175,115 from the U. S. Department of Justice and the required local cash match of $19,457. Considerations: The grant requires that a local advisory board make non-binding recommendations regarding the use of the funds. The Virginia Beach Community Criminal Justice Board serves in that capacity, and recommends that the funds be appropriated for the following purposes: $20,988 to Community Corrections for contracted manpower clerical assistance because the state grant does not fund any receptionist/clerical personnel, therefore the LEBG has been a funding source for several years. $15,000 to the General District Court for overtime for GDC employees to do document imaging of criminal records to be readily available to Police, Sheriff's and Commonwealth's Attorney employees. $10,000 to the General District Court for a web server to enhance the capability of the Police Officer Assigned Court Dates Program. This will allow assignment information to be accessed to all approved users over the web, allowing better coordination of court appearances by officers on their assigned dates. · $3,187 to the Magistrate's Office for a replacement desktop computer and printer for the Chief Magistrate. $28,000 to the Police Department for a Cyano Acrylate Vacuum System for the Police Forensic Unit. This system will reduce the fumes from certain chemicals used in evidence examination, providing a healthier working environment for those employees. $32,000 to the Police Department to purchase the remainder of personal protective equipment needed to outfit all police officers in the event of a weapons of mass destruction event. $37,620 to the Police Department to purchase 9 portable radios capable of encryption for the Police Special Investigative Division. These encrypted radios are safer to use for narcotics investigations because it eliminates the ability to intercept police transmissions. $13,677 to the Sheriff's Department to purchase workbooks and teaching materials for the DARE program taught by the Sheriff's Department. The state has eliminated all funding for this program, but the school system has requested that the Sheriff's Department continue the program. $34,100 to the Sheriff's Department for 2 Total Marksmanship Diagnostic Systems for the Law Enforcement Training Academy. They will be available for joint use by the Police and Sheriff's Departments, to maintain and enhance marksmanship skills. This need has increased with the closure of the Creeds Firing Range. Public Information: A public hearing is required by the grant, which was held September 2, 2003, by City Council. Alternatives: City Council can elect to use the funds for other law enforcement purposes (within the grant guidelines) than those being recommended, or can decide to not accept the grant. Attachments: Grant award notice Ordinance Recommended Action: Approve Submitting Department/Agency: Management Services City Manage~ ~/"'' F ~2)ataL4~ty\Ordm~Noncode~FedBureauarf wpd AN ORDINANCE TO ACCEPT AND APPROPRIATE A $175,115 GRANT FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE AND TRANSFER $19,457 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO FUND VARIOUS LAW ENFORCEMENT ACTIVITIES 6 7 VIRGINIA: 8 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 15 16 17 18 19 2O 21 22 23 24 a. $20,988 to Community Corrections for contracted manpower clerical assistance; b. $15,000 to the General District Court for overtime for GDC employees to do document imaging of criminal records; c. $10,000 to the General Distr~ct Court for a web server to enhance the capability of the Police Officer Assigned Court Dates Program; d. $3,187 to the Magistrate's Office for a replacement desktop computer and printer for the Chief Magistrate; 9 of Justice Assistance and appropriated to the FY 2003-04 Operating 10 Budget, and $19,457 is hereby transferred from the General Fund 11 Reserve for Contingencies, to the FY 2003-04 Operating Budgets of 12 the following agencies and departments in the amounts and for the 13 purposes set forth below: That $175,115 is hereby accepted from the Federal Bureau 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2. e. $28,000 to the Police Department for a Cyano Acrylate Vacuum System for the Police Forensic Unit; f. $32,000 to the Police Department to purchase the remainder of 'personal protective equipment needed to outfit all police officers; g. $37,620 to the Police Department to purchase nine portable radios capable of encryption for the Police Special Investigative Division; h. $13,677 to the Sheriff's Department to purchase workbooks and teaching materials for the DARE program; and i. $34,100 to the Sheriff's Department for two Total Marksmanship Diagnostic Systems for the Law Enforcement Training Academy. That estimated revenue from the federal government in the 41 FY 2003-04 Operating Budget is hereby increased by $175,115. 42 Adopted by the Council of the City of Virginia Beach, Virginia 43 on the day of , 2003. CA-9009 Ordin/Noncode/FedBureauord.wpd R-2 - September 10, 2003 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY' C~y Attorney's OffiCe 2 CITY OF VIRGINIA BEACH AGENDA ITEM TEM: Fund Transfer for the Pendleton Parking Lot Expansion/Public Restroom Facilities, ClP 4-040 MEETING DATE: September 23, 2003 Background: The FY 2003/2004 Capital Improvement Program (CIP)includes a new project (4-040) "Pendleton Parking Lot Expansion/Restroom Facilities" for Croatan Beach. The project has two major components: Adding 100 parking spaces to the existing parking lot and constructing a new public restroom facility. The CIP provided $532,500 over two fiscal years: $250,000 in FY2003/2004 and $282,500 in FY 2004/2005. Approval for constructing these improvements on land currently leased bythe City from the Commonwealth of Virginia will be required prior to starting construction. Considerations: It was the intent of Council to have the new restroom facility open during the 2004 summer season and the parking lot expansion completed by summer of 2005. However, the split in funding over two fiscal years (shown above) is not consistent with the construction schedule for the two components of the project. During the development of the project, the cost and schedule were developed based on site adapting the 1,200 s.f. Little Island restroom facility design. To meet the construction schedule, $350,000 is needed in the current fiscal year for the construction of the restroom facility and have it open during the 2004 summer season. As such, to maintain the desired opening of the new restroom facility, an additional $100,000 needs to be transferred to the project for FY2003/2004. Public Information: Public information will be handled through the normal Council Agenda notification process. [] Alternatives: There are two alternatives: . Approve the attached appropriation ordinance for the additional $100,000 this fiscal year which will provide the new 1,200 s.f. facility during the 2004 summer season. The ordinance has identified CIP project 3-038, Various Buildings Rehabilitation and Renewal, as the funding source for this transfer. This funding will be restored to CIP 3-038 in FY2004/2005. . Provide no additional funding this fiscal year. During this FY, only do the design work for both the restrooms and the parking lot expansion. Then during the development of the FY 2004/2005 CIP, the project funding can be revised as necessary per current construction estimates based on that design work. When the balance of the project funding is approved for FY 2004/2005, construction on both the restrooms and parking lot could commence w~th a completion prior to the 2005 summer season. · Recommendations: Approve the attached Appropriation ordinance. · Attachments: Appropriation ordinance Recommended Action: Approval Submitting Department/Agency: Public Works~] / City Manager~ ~,~) Ev*t. F ~)ata~TY~Ord~nhNONCODE\croatanrestrmarf wpd AN ORDINANCE TO TRANSFER $100,000 FROM CAPITAL PROJECT %3-038, VARIOUS BUILDINGS REHABILITATION AND RENEWAL, TO CAPITAL PROJECT #4-040, PENDLETON PARKING LOT EXPANSION/PUBLIC RESTROOM FACILITIES, TO ADVANCE CONSTRUCTION OF RESTROOM FACILITIES AT CROATAN BEACH 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 1. That $100,000 is hereby transferred from capital 11 project #3-038, Various Buildings Rehabilitation and Renewal, 12 to capital project #4-040, Pendleton Parking Lot 13 Expansion/Public Restroom Facilities, to advance the 14 construction of the restroom facility at Croatan Beach. 15 2. That the City Council hereby expresses its intent 16 that the $100,000 transferred from capital project #3-038 be 17 restored in the FY 2004-05 capital budget. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the day of , 2003. CA-8987 Ordin/Noncode/croatanrestrmord.wpd R-3 - August 18, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ~ SUFFICIENCY~,~~ City ~ttor' e~'s Off~ce K PLANNING o Ordinance to AUTHORIZE a temporary encroachment ~nto portions of the City's right-of-way known as Lake Wesley by JOSEPH M., JR. and LORI ANNE HANLEY to construct and maintmn a fixed pier, floating pier, boat lift and mooring piles at 541 V~rgInIa Dare Drive m Croatan Beach. (DISTRICT 6- BEACH) Application of STEVEN and JUDITH PAPARIELLO for the disconnnuance, closure and abandonment of a portion of an alley adjacent to 837 Vanderbdt Avenue, on the north side of Lockheed Avenue. (DISTRICT 6- BEACH) ° Application of LYNNHAVEN BLOCK ASSOCIATES, L.L.C. for the Modification to a Change of Zoning District Classification (approved by City Councd on July 14, 1998), at 2061, 2077, 2085 and 2093 Lynnhaven Parkway (DISTRICT 1 - CENTERVILLE) Apphcatlon of RAYMOND, SR. and MARILYN I. CAFFEE for a Change of Zoning D~strict Classification from A-12 Apartment Dlstrtct to R-5D Resldenttal Duplex District at 5019 Bonney Road (DISTRICT 2- KEMPSVILLE) 5. Applications of F. DONALD REID at 3592 Indian River Road :(DISTRICT 7 - PRINCESS ANNE) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential D~stnct Variance to § 4.4 (b) of the Subdivision Ordinance that reqmres all newly created lots meet all the reqmrements of the C~ty Zoning Ordinance (CZO) c. Conditional Use Permit for an Open Space Apphcatlon of VILLAGE CHURCH for a Conditional Use Permit for a church on the south s~de of Indian River Road, east of Elbow Road (DISTRICT 1 - CENTERVILLE) Apphcat~on of BAYSIDE BAPTIST CHURCH for a Condmonal Use Permit for a church (addition) and preschool at 1920 Pleasure House Road (DISTRICT 4 - BAYSIDE) o Apphcatlon of ABUNDANT HARVEST CHURCH for a Conditional Use Permit for a church at 6037 Providence Road, Suite 1. (DISTRICT 1 - CENTERVILLE) o Application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit for a church (expansion) at 1020 General Jackson Drive (DISTRICT 5 - LYNNHAVEN) 10. Application of SHARON GOLESH for a Conditional Use Permit for a riding academy, horses for hire and boarding and a recreational facd~ty of an outdoor nature (riding camp) at 2508 West Landing Road (DISTRICT 7 - PRINCESS ANNE) I1 Appl~canon of OMNIPOINT/T-MOBILE for a Conditional Use Permit for a communication tower at 2287 Windy Pines Bend (DISTRICT 7 - PRINCESS ANNE) 12 Apphcat~on of CORDIE L. MARTIN for a Cond~tlonal Use Permit for a family care home (home daycare) at 3520 Sandy Point Key (DISTRICT 5 - LYNNHAVEN) THE-BEACON SUNDAY, SEPTEMBER 7, 2003 NOTICE OF PUBUC HEARING V~rg~n~a Beach C~ty Council will meet in the Chamber at City Hall, Mumc~pal Center, 2401 Courthouse Drive. Tuesday, September 23, 2003, at 6 O0 p m The following apphcat~ons will be heard DISTRICT 1- CENTERVILLE 1_ Lynnhaven Block Associates L L C Application Modification of a Change of Zomng Dis:tnct Class~f!¢at~on approved by C~ty Council on July 14 1998, at 2061.2077, 2085 and 2093 Lynnhaven Parkway 2 VHlage Church Apphcabon Conditional Use Permit for a church on the south s~de of Indian R~ver Road, 2175 feet east of Elbow Road 3 Abundant Harvest Church Apphcat~on Condlbonal Use Permit for a church on property located at 6037 Providence Road, Suite 1 DISTRICT 7 -PRINOESS ANNE 4 Sharon Golesh Apphcatlon Conditional Use Permit for a riding acad- emy, horses for h~re and boarding and a recreabonal fac~hty of an out- door nature (riding camp) at 2508 West Landing Road Ommpemt/T Mobile ^pphca~ton ¢ond~bonal Use Permit for a commu- n~cabon tower at 2287 Windy Pines Bend Appeal to Decisions of ^dmm~strat~ve Officers m regard to certain ele- ments of the Subdw~s~on Ordinance, Subdivision for F Donald Re~d, at 3592 Indian R~ver Road 7 Donald Re~d Apphcatlon Change of ZonmA D~stnct Class~flcabon from ^G-1 and AG-2 Agricultural to Condlbonal R-20 Residential at 3592 Indian R~ver Road The Comprehensive Plan recommends use of th~s property for appropriate growth opportumt~es consistent with the eco- nomic v~tahty pohc~es of the C~ty of Virginia Beach 8 F Donald Re~d for a Cond~bonal Use Permit for an Open Space Promo- tlon located at 3592 Indian R~ver Road DISTRICT 6 - I~EACH 9 Steven and Judith Papanello Apphcat~on D~scont~nuance, closure and abandonment ct a portion of an alley adjacent to 837 Vanderbllt Avenue DISTRICT 4. BAYSIDE 10 Bayside Bapbst Church Appt~cabon Conditional Use Permit for a church (addition) and preschool at 1920 Pleasure House Road DISTRICT 5 - LYNNHAVEN 11 Cord~e L Martin Apphcalton Cond~tionat Use Permit for a family care home (home daycare) at 3520 Sandy Point Key 12 Great Neck Baptist Church Apphcabon Cond~bonal Use Permit for a church (expansion) at 1020 General Jackson Drwe DISTRICT 2- KEMPSVILLE 13 Raymond Caffee, Sr and Manlyn I Caffee Apphcatton Change of Zon- ing District Classification from A-12 Apartment to R-5D Residential Duplex at 5019 Bonney Road The Comprehensive Plan recommends use of th~s s~te for res~denbal uses above 3 5 dwelhng umts per acre All interested parses are ~nvlted to attend Ruth Hodges Smith, MMC C~ty Clerk If you are physically disabled or visually Impaired and need asses- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303, Healing impaired, call TDD only 427-4305 (TDD - Tele- phomc Device for the Deaf) BEACON September 7 and September 14, 2003 10594385 '-'it INP,,','r SEPT~'MBER t4, 2f)03 NOTICE OF PUBUC HEARING Virginia Beach C~ty Councd will meet in the Chamber at C~ty Halt. Mun,clpal Center 2401 Courthouse D,ve, Tuesday, September 23, 2003, at 6 O0 p m The following applications will be heard DISTRICT :1, - CENTEi~VILLE ! Lynnnaven Block Assooates, L L C Apphcatlon Modification of a ~L~a~e_t)f__Zj)__n_Ln2 District Classification approved by CEy Counctl on July 14 T998, at 2061, 2077, 2085 and 2093 Lynnhaven Parkway 2 Vflla§v. Church Apphcatlon Conditional Use Permit; for a church on the south s~de of Indian R~ver Road. 2175 feet east of Elbow Road 3 Auundant Harvest Church Appi~cdtlon Conditional Use Permit for a ct~urch on p~operty ~ocated at 6037 Prowdence Road, Suite 1 DISTRICT 7- PRINCESS ANNE 4 Sharon Golesh Apphcabon CondEK)nal Use Permit for a riding acad- emy. hurses for rare and boarding and a recreational facdlty of an out doo~ nature (r,d,~g camp/at 2508 West Landing Road 5 Orn,~p(,int/T M~Dile Apphcalton Conditional Use Permit for a commu mc,~t,on tower a', 2287 Windy Pines Bend 6 ~'-pp~.ai to De~s~ops of Adm~mstrat~ve Officers m regard to certain ele- ,,~er~L~ of t'~,e SubdlVlSlOrl O~dlnance, Subdivision for F Donald Reid, at 3592 Ir~dldn River Road ,x;,,a,o Re~d Appl~caaon Change of Zoning District Classification from ~(, I .~.,~ AG-2 Agricultural ~o Conditional R-20 Residential at 3592 h,clidl, R~vcr koad The Comprehensive Plan recommends use of P'oP~' U' *ct ~ppr,)p~la~e gro~h oppo~unltles consistent wEh the eco- no,'~l~ ,'¢tatftv po!,cles of the City of Virginia Beach F Do~,ald Re~a tot a Conditional Use Permit for an Open Space Prom~ bor~ ~3cdted at 3592 Indian River Road DISTRICT 6 - BEACH 9 ~[¢;~n ¢~d JUdl[h Paparlello Application Discontinuance, closure and abandonmen[ of a po~o,] of an alley adjacent to 837 VanderbHt ~V~', IU~ DISTRICT 4- BAYSIDE Bavs~de Bapbst Church Application Conditional U~e Permit for a church (add~tlon) and preschool at 1920 Pleasure House Road DISTRICT 5 L~NNHAVEN ~J ~orC,e L Matin Apphcalton Conditional Use Permit for a family care h,)me ~,)me davcare) a~ 3520 Sandy Point Key i2 ~,r(,a[ Neck 8¢pb~t Church Apphcabon Conditional Use Permit for a {~,urc!~ (expansion) at 1020 General Jackson Drive DISTRICT 2 - KEMPSVILLE 13 ~av~r~o~d Catfee, Sr and Manlyn I Caffee Application Enan~ of Zoo- ' ,¢ D~( ,,:t Bid.s,flea,ion from ,A 12 Apar(ment to R 5D Residential 3,~i,Ic. at 5019 Bonnev Road fhe Comprehensive Plan recommends .l~e ut [his site for resld6ntlal uses a~ve 3 5 dwelling units per acre &~ h~tere')ted par~e~ are iR~ed to attend ~ut~ ~oOges Smith, MMC C~y Cler~ Il ¢,uu :uc physically disabled or vlsullly Im~lred and need h ,~cu ¢,t [h~s meeting, pleabe cail the OlTY OLERi'S OFFICE at 427 43u3 Hearing Im~¢~, call TDD o~Wy 4274305 ~TDD - Tele ¢,,,, ~,,, ,¢e,/m.~ for t13¢ Deat~ 5' .XC~',H ht'pr~ tuber Z a,~d SCp'embcr 14 2003 ~0594385 CITY OF VIRGINIA BEACH AGENDA ITEM TEM: Encroachment Request for Joseph M. Hanley, Jr. and Lori Anne Hanley at 541 Virginia Dare Drive MEETING DATE: September 23, 2003 Background: Mr. and Mrs. Joseph M. Hanley, Jr. have requested permission to encroach into a port~on of City property known as Lake Wesley for the purpose of constructing and maintaining a fixed pier, a floating pier, a boat lift and some mooring piles behind their property at 541 Virginia Dare Drive, in the Croatan Beach neighborhood Considerations: Staff has reviewed th~s request and has no objections to th~s encroachment from an operational and maintenance standpoint. There are similar type approved encroachments ~n the adjacent vicinity. Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to s~gn agreement. Attachments: Ordinance, Location map, Agreement with plat attached and Photos Recommended Action: Approve Submitting Department/Agency: Public Works CityManage~¥~~-- ,~E~Z. Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS LAKE WESLEY BY JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 12 WHEREAS, JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY, desire to construct and maintain a fixed p~er, a floating pier, a boat I~ft and some mooring piles upon the City's property known as Lake Wesley. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15 2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the C~ty's property subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 2O That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JOSEPH M. HANLEY, JR and LORI ANNE HANLEY, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a fixed pier, a floating pier, a boat lift and some mooring p~les upon the City's property known as Lake Wesley as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFT AND MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROATAN BEACH 27 BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 37, PG. 11) DATE' FEBRUARY 27, ~. 8 2003", a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 3O BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY (the "Agreement"), which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect untd such time as JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY and the City Manager 3 8 or his authorized designee execute the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ 40 day of ,2003. 41 42 43 44 45 AS ,TO CONTENTS (~/~-, ' · ---v S I GNATURE DEPARTMENT 46 47 48 49 5O 51 52 CA- PREPARED August 22, 2003 H \WP8\KENNEDY~ENCS\hanley ord wpd APPROVED AS TO LEGAL SUFFI CI ENCY~ FORM cz?~ ~?o~-~r o o o / / / I~K£ W£SLEY 242&39.0904 ' LOc~TiON M,4p F,"' I OR 'JOSEpH FOR £~C~ PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-811 (a)(3) AND 58 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~-=%day-- of ~ %~ ~ 20~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. W I T N E S S E T H: THAT, WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: "Lot 24, Subdivision of Croatan Beach (M.B. 37, PG. 11)", and being further designated and described as 541 Virginia Dare Drive, Virginia Beach, VA 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a fixed pier, a floating pier, a boat lift and some mooring piles, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for GPIN: 2426-39-0904 the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROATAN BEACH BEACH DISTRCT VIRGINIA BEACH, VA (M.B. 37 PG. 11) DATE: FEBRUARY 27, 2003", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront Operations Division of the Planning Department. The Grantee also agrees to obtain a waterfront construction permit from the aforementioned agency before beginning any work within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the city prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City Zoning Ordinance. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 'i~,~p~ ' ~ i ~anl e~ ,~J ~ ori Anne Hanl~y // this STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. He/She is personally known to me. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Clerk/Authorized Designee of the City Clerk, on behalf of the CITY OF VIRGINIA BEACH. He/She is personally known to me. My Commission Expires: Notary Public STATE OF ~!!~,~% ,~ CITY/COUNTY OF ~t~c~_o~_k~ .... , to-wit: The foregoing instrument was acknowledged before me this Q ~ day of ~Q~ , 20(~.~ , by JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, husband and wife. My Commission Expires: ~J0 ~>? APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT ~00R~86 FLOAT p~L£S AND PMP 32' 0 C, APO 1 FLOAT VIRGINIA DARE DRIVE GPIN 2426-39-0904-0000 WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE 206 VIRGINIA 13EACH, VA 23451 PHONE (757) 425-8244 FAX (757) 313-9788 LOT 24 L=110 00' R=938 37' LAKE WESLEY N/F CITY OF VIROINIA BEACH PROPOSED PRIVATE PIER FACILITY ..~ FLoOD~EBB PMP CONSTRUCT AND ANCHOR FLOAT ACCORDING TO THE MANUFACTURER'S SPECIFICATIONS © E× PIER FLOAT AND MOORING PILES RAMP ... .-...- .... ~ MHW AT BULKHEAD APO 2 PLAN VIEW ! SCALE 1" = 40' REVISED JUNE 20, 2003 PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING PILES FOR dOSEPH M. AND LORI N. H ANLEY LOT 24, CROATAN BEACH BEACH DISTRCT VIRGINIA BEACH, VA (M 13 37 PO 11) DATE FEBRUARY 27, 2005 I II I I Page 1 of 1 file//F ~HOTOS 1\08110026 JPG -- 8/20/2003 Page 1 of 1 file//F ~PHOTOS 1\08110027 JPG -- 8/20~20O3 M~p No+.. to Sco~.e oo8 ~ OO7 Steven & 006 R-lO R-10 R-10 Street Closure -I0 R-lO R-lO ZONING HISTORY 1. 10123190 - STREET CLOSURE - Granted CITY OF VIRGINIA BEACH %. , ,, AGENDA ITEM ITEM: Steven and Judith Papariello - Street Closure MEETING DATE: September 23, 2003 · Background: Apphcabon of Steven and Judith Papanello for the d~scontinuance, closure and abandonment of a port~on of an alley adjacent to 837 Vanderb,lt Avenue, beginning on the north s~de of Lockheed Avenue and running ~n a northerly d~rechon a d~stance of fifty (50) feet DISTRICT 6 - BEACH The purpose of th~s request ~s to close 7 5 feet of a 15-foot w~de alley and ~ncorporate the land area ~nto the property at 837 Vanderbdt Avenue for res~denbal use Considerations: The alleyway between Lockheed Avenue and South Maryland Avenue ~s an unimproved paper street The property on e~ther s~de of the alley ~s zoned R-10 Res~denbal D~stnct and ~s developed w~th smgle-famdy homes Lockheed Avenue, to the south of the alleyway, ~s also unimproved between South Surfs~de Avenue and Vanderb~lt Avenue A slmdar street closure for an alleyway to the east of South Atlantic Avenue was granted ~n 1990 There are no public or private ubht~es w~th~n the alleyway The V~ewers Committee has determined that the proposed closure w~ll not result ~n a pubhc inconvenience C~ty Councd has adopted a policy a~med at d~spos~ng of undeveloped rights-of-way to adjoining property owners ~n the Croatan community All of the funds generated from such closures are d~rected to a Croatan Beach Access account and ultimately the funds collected are to be used by the C~ty to purchase addmonal public access to the beach ~n the Croatan area The Planning Commission placed th~s ~tem on the consent agenda because no public inconvenience would result from the closure and there are no pubhc ubht~es located ~n th~s port~on of the right-of-way Staff recommended approval There was no opposmon to the request ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN ALLEY TO BE CLOSED (375 SQ FT./0 009 ACRES) AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 11, BLOCK 13, CROATAN BEACH, M B. 24, P. 37 TO BE CLOSED, VIRGINIA BEACH, VIRGINIA" 10 11 12 13 14 15 16 17 18 19 2O 21 22 WHEREAS, on September 23, 2003, Steven Papanello and Judith Papanello apphed to the Councd of the City of Virg~ma Beach, V~rg~ma, to have the hereinafter described street &scont~nued, closed, and vacated, and WHEREAS, ~t ~s the judgment of the Councd that smd street be d~scont~nued, closed, and vacated, subject to certmn conditions hawng been met on or before September 22, 2004, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. SECTION I That the hereinafter described street be d~scont~nued, closed and vacated, subject to certmn conditions bmng met on or before September 22, 2004' All that certmn piece or parcel of land s~tuate, lying and being ~n the C~ty of V~rg~ma Beach, V~rg~ma, designated and described as "PORTION OF ALLEY TO BE CLOSED (375 SQ FT / 0 009 ACRES)" shown shown as the cross-hatched area on that 23 GPIN' 2426-37-7406 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 certmn plat entitled PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 11, BLOCK 13, CROATAN BEACH, M.B.24, P. 37 TO BE CLOSED, VIRGINIA BEACH, VIRGINIA" Scale: 1 "= 20', dated April 24, 2003, prepared by Gallup Surveyors & Engineers, LTD., a copy of which ~s attached hereto as Exhibit A SECTION II The following con&t~ons must be met on or before September 22, 2004: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be prod to the C~ty shall be determined according to the "Pohcy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to Street Closures," approved by C~ty Councd. Cop~es of smd pohcy are avadable ~n the Planmng Department. 2. The apphcant shall resub&v~de the property and vacate ~nternal lot hnes to incorporate the closed area into the adjo~mng parcels The resubd~wsmn plat shall be submitted and approved for recordation prior to final street closure approval 3 The apphcant shall verify that no private utd~t~es ernst w~th~n the right-of-way proposed for closure. Prehm~nary comments from the utd~ty compames indicate that there are no private ut~ht~es w~th~n the right-of-way proposed for closure If private utd~t~es do ernst, the apphcant shall prowde easements satisfactory to the ut~hty compames. 4. Closure of the right-of-way shall be contingent upon compliance w~th the above stated conditions w~th~n one year of approval by C~ty Council. If all conditions noted above are not accomphshed and the final plat ~s not approved w~th~n one year of the City Councd vote to close the roadway, th~s approval wall be considered null and void. SECTION III 1 If the preceding conditions are not fulfilled on or before September 22, 2004, th~s Ordinance wall be deemed null and void w~thout further action by the City Council 2. If all conditions are met on or before September 22, 2004, the date of final closure is the date the street closure ordinance ~s recorded by the C~ty Attorney. 51 52 53 54 55 56 57 SECTION IV 1 A certified copy of th~s Or&nance shall be filed ~n the Clerk' s Office of the Circmt Court of the C~ty of V~rg~ma Beach, V~rgmla, and indexed m the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the C~ty of V~rg~ma Beach, Virginia, on th~s ~ day of ,2003. 58 59 60 CA-8918 September 4, 2003 C \Documents and Sett~ngs\bduke\Local Sett~ngs\Temp\ca8918 ord wpd 61 62 63 APPRO.~ED AS TO CONTENT 64 65 66 APPROVED AS TO LE~u~ SUFFICIENCY CIty Attorney o 1 O0 O0 STEVEN AND JUDITH PAPARIELLO / # 23 August 13, 2003 General Information: APPLICATION NUMBER: M08-210-STC-2003 REQUEST: Street Closure ADDRESS: Porbon of an alley adjacent to 837 Vanderbilt Avenue MapM-8 Steven & ~op rko~ to Scale / OOd ~ 00t Pa ' glo ELECTION DISTRICT: SITE SIZE' 6 - BEACH 375 square feet ,10 --J R-lO R-lO R-lO R-lO Street Closure Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 1 STAFF PLANNER: Barbara Duke PURPOSE: To close 7.5 feet of a 15 foot w~de alleyway and ~ncorporate the land area into the property at 837 Vanderbilt Avenue for residential use. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zonin.q The alleyway between Lockheed Avenue and South Maryland Avenue is an unimproved paper street The property on e~ther s~de of the alley ~s zoned R-10 Residential D~stnct and is developed w~th single-family homes. Lockheed Avenue, to the south of the alleyway, ~s also unimproved between South Surfside Avenue and Vanderb~lt Avenue. Surrounding Land Use and Zonin_q North: South: East: West: · Single-famdy homes / R-10 Residenbal D~strict · S~ngle-family homes / R-10 Residential District · Single-famdy homes / R-10 Res~denbal D~stnct · S~ngle-fam~ly homes / R-10 Residenbal D~strict Zoning History, A s~milar street closure for an alleyway to the east of South Atlantic Avenue was granted ~n 1990 Public Facilities and Services Water and Sewer There are no public utdibes ~n the port~on of the alley proposed for closure. Public Works There are no drainage structures in the port~on of the alley proposed for closure Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO I # 23 Page 2 Public Safety Police: Fire and Rescue: No Comments. No Comments. Private Utilities There are no private ublibes in the porbon of the alley proposed for closure. Comprehensive Plan The Comprehensive Plan recommends res~denbal development for the area surrounding the subject site Evaluation of Request The port~on of the alley proposed for closure is part of an undeveloped alleyway that runs north to south along the entire block between South Maryland Avenue and Lockheed Avenue This alleyway is undeveloped and ~s adjacent to another undeveloped street, Lockheed Avenue, to the south. There are no pubhc or private utilibes w~thin the alleyway. The Viewers Committee has determined that the proposed closure will not result in a public inconvenience. C~ty Council has adopted a policy aimed at d~spos~ng of undeveloped rights-of-way to adjoining property owners in the Croatan community. All of the funds generated from such closures are d~rected to a Croatan Beach Access account and ulbmately the funds collected are to be used by the City to purchase additional public access to the beach ~n the Croatan area. The proposed street closure for a portion of the alley adjacent to 837 Vanderbdt Avenue ~s recommended for approval with the following condibons. Conditions 1. The C~ty Attorney's Office shall make the final determ~nabon regarding ownership of the underlying fee The purchase price to be pa~d to the C~ty shall be determined according to the "Pohcy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to Street Closures," approved by C~ty Council. Copies of the pohcy are available ~n the Planning Department. Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 3 The apphcant shall resubd~vide the property and vacate internal lot hnes to ~ncorporate the closed area into the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval . The applicant shall verify that no private utilibes exist within the right-of-way proposed for closure Preliminary comments from the ubhty companies indicate that there are no private ubhties w~th~n the right-of-way proposed for closure. If private utilibes do exist, easements satisfactory to the utility company shall be provided. . Closure of the right-of-way shall be contingent upon comphance with the above stated condibons w~thin 365 days of approval by C~ty Council. If the condibons noted above are not accomplished and the final plat ~s not approved within one year of the C~ty Council vote to close the right-of-way th~s approval shall be considered null and void. NOTE: i Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 4 CROATAN BEACH MB 24 P 37 BLOCK 1,3 EXlSTtNG R/W LINE '0 BE: VACATED ;]PON R/W CLOSURE ....... LOT. 11_ 15' ALLEY M B 24 = 37 o 12 0 VANDERBtLT AVENUE (80' R/W) Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 5 Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 6 O Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO I # 23 Page 7 Z Applicant's Name'_ STEV~ & JUDITH PAP^~IELLO List All Current Property Owners STEVEN & JUDITH PAPAR1ELLO PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach hst if necessary) [~ Check here ~f the property owner ~s NOT a corporation, partnership, firm, or other unincorporated organization ff the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list ~f necessary) if the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list ~f necessary) [~ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION' I certify that the information contained herein is true  and accurate. /3 ~. -~-, ~ / / ~X, .. Ste~en Papar~ello . ~ ,, ~ ~ ~ ~ ~~ .... ~ ~ ................. ,~ ,~ ...... Street Closure Application Page 8 of 15 m~d~fl~.d lO t6 2002 Planning Commission Agenda August 13, 2003 STEVEN AND JUDITH PAPARIELLO / # 23 Page 8 Item//23 Steven and Judith Papanello Discontinuance, closure and abandonment of a portion of an alley adjacent to 837 Vanderbdt Avenue North side of Lockhead Avenue District 6 Beach * August 13, 2003 CONSENT Dorothy Wood: Thank you. The next item 1s Item #23, Steven and Judith Papanello. It's an application for a discontinuance, closure and abandonment of a portion of an alley adjacent to Vanderbflt Avenue in the Beach District. Mr. Bourdon. Eddie Bourdon: Thank you. The conditions as set forth in the street closure recommendation are acceptable. We appreciate being on the consent agenda. Dorothy Wood: Is there any opposition to Item #23? It's a street closure with four conditions for Steven and Judith Papanello on Vanderbdt Avenue. Mr. Horsley, would you please comment on that. Donald Horsley: The viewers committee has determined that this closure will not result in any public inconvenience. There are no public or private utilities in this alleyway. And other such closures have occurred in this area so we as a Planning Commission think that this closure deems approval. Dorothy Wood: Thank you very much. Mr. Rlpley, I would move to approve number #23 with four conditions. Ronald Rlpley: So we have a motion by Dot Wood to approve Do I have a second? Seconded by Barry Kaught. Okay. Any discussion? Let's call for the question AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Rlpley. By a vote of 11-0 the motion carries. Map F-lO Map Not, to Scale Bi [3] [~ Lynnhaven Block ~4ssociates ~ 9E R-5D R-SD R-5D Modification of Proffers ZONING HISTORY 1. 8/27/02 - ZONING CHANGE - from R-5D to Conditional B-2 -- Granted 9/25/01 - MODIFICATION OF PROFFER on Zoning Change from R-5D to Conditional B-2 - Granted 9/25/01 - CONDITIONAL USE PERMIT (fuel sales in conjuncbon w~th a convenience store) - Granted 7/14/98 - ZONING CHANGE from R-5D to Conditional B-2 - Granted 3~28~88 - CONDITIONAL USE PERMT (church)- Granted 4/14/86- CONDITIONAL USE PERMT (church)- Granted 3~26~84 - ZONING CHANGE from R-8 to B-2 - W~thdrawn 2. 2~29~96 - ZONING CHANGE from R-5D to Conditional B-2 - Granted RECONSIDERATION AND MODIFICATION OF PROFFERS- . 2~29~96 - Granted 7/11/95 - 7/11/95 - CONDITIONAL ZONING CHANGE from I-1 to B-2 - Granted CONDITIONAL ZONING CHANGE from R-5D to B-2- Granted 9~6~83 - ZONING CHANGE from B-2 to A-1 - Granted 3/14/00 - MODIFICATION OF PROFFER on Zoning Change from R-10 Residential to Cond~bonal B-2 Business - Granted 7/1/97 - CONDITIONAL ZONING CHANGE from R-10 to Cond~bonal B-2 - Granted 8~28~90 - ZONING CHANGE from R-10 to B-2 - Granted 6~2~86 - ZONING CHANGE from R-5 to B-2 - Denied 4. 3~25~03 - CONDITIONAL USE PERMIT (bulk storage outdoor drive- through seasonal sales) - Granted 6~22~99 - ZONING CHANGE - from R-5D to B-2 - Granted 5~28~96 - CONDITIONAL ZONING CHANGE from R-5D to Conditional B-2 - Withdrawn 419/96 - CONDITIONAL ZONING CHANGE from R-5D to Conditional B-2 - Denied 9/14/81 - CONDITIONAL USE PERMIT (church) - Granted 5 9~22~98 - ZONING CHANGE -- from R-10 Residenbal Distr~ct to A-12 Apartment District with PDH2 Overlay- Granted CITY OF VIRGINIA BEACH .... AGENDA ITEM ................. ITEM: Lynnhaven Block Associates, L.L.C. - Modification of a Change of Zoning District Classification MEETING DATE: September 23, 2003 · Background: An Ordinance upon Application of Lynnhaven Block Associates, L L.C for the Modification of a Change of Zon~n.q District Class~ficabon approved by City Council on July 14, 1998 and as modified by City Councd on September 25, 2001. Property ~s located at 2061, 2077, 2085 and 2093 Lynnhaven Parkway (GPINS 1475961048; 1475859946, 1475857859; 1475854849). DISTRICT 1 - CENTERVILLE The purpose of this request is to construct a bank on the only remaining vacant parcel of the four parcels that now exist in the area of encumbered by a 1998 Condibonal Change of Zoning. The vacant parcel, known as Parcel D ~n the 1998 Cond~bonal Zoning Agreement, ~s restricted by proffer to use. A bank ~s one of the uses allowed by the proffer. The Condibonal Zoning Agreement, however, also I~mits the architectural design of any structure on the parcel to what is depicted on the proffered concept plan. That architectural design ~s not suitable for the bank and thus, th~s request to modify the proffers for use of a design appropriate to the bank The site plan ~s also modified from the originally proffered plan to provide a s~te layout more suited to a bank Considerations: This s~te was part of a larger 5.17-acre parcel that was rezoned from R-5D to Condibonal B-2 Community Bus~ness District on July 14, 1998 The proffers were recorded in Deed Book 3938 at Page 1587. The 5 17-acre parcel was subd~wded into four separate parcels, labeled Parcels A to D Th~s s~te ~s labeled as Parcel D and ~s undeveloped Parcels B and C were recently developed ~n accordance w~th the proffers as a retad center named "Salem Shops". Parcel A at the western end of the property was recently sold and developed w~th a convenience store and fuel sales pumps. The applicant proposes construcbon of a one-story Bank of America branch cons~sbng of approximately 3,000 square feet of floor area. The Modiflcabon of Proffers prowde for a building and s~te design that ~s suitable for the bank or several of the other proffered uses for th~s parcel. The applicant has submitted a s~te plan layout and architectural elevabons that keep ~ntact some of the key Lynnhaven Block Associates Page 2 of 2 design features of the original proffer agreement, thereby ma~nta~mng consistent quality w~th the other parcels involved ~n the original 1998 change of zoning The Planning Commission placed th~s ~tem on the consent agenda because the proposed use, as proffered, ~s suitable for the s~te Staff recommended approval. There was no opposition to the request · Recommendations: The Planning Commission passed a mobon by a recorded vote of 10-0 to approve th~s request as proffered · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department~~,.~b LYNNHAVEN BLOCK ASSOCIATES / # 3 General Information: September 10, 2003 REQUEST: ADDRESS: Modificabon of Proffers for a Change of Zoning District Classification from R-5D Residenbal Duplex D~strict to Conditional B-2 Community Business D~stnct approved by City Council on July 14, 1998 and as modified by City Council on September 25, 2001 2061, 2077, and 2085 Lynnhaven Parkway Block Associates R-5D R-5D GPIN' ELECTION DISTRICT: 14759610480000 14758599460000 14758578590000 1 - CENTERVILLE Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 1 SITE SIZE: STAFF PLANNER: PURPOSE: 3.63 acres (enbre area covered by the amendment to the Proffers) 1 06 acres (subject s~te) Stephen J. White To construct a bank on the only remaining vacant parcel of the four parcels that now exist ~n the area of the original 1998 Conditional Change of Zoning. The vacant parcel, known as Parcel D ~n the Conditional Zoning Agreement, ~s restricted by proffer to use. A bank is one of the uses allowed by the proffer. The Conditional Zoning Agreement, however, also limits the architectural design of any structure on the parcel to what is depicted on the proffered concept plan. That architectural design ~s not suitable for the bank and thus, th~s request to modify the proffers for use of a design appropriate to the bank. The site plan ~s also modified from the originally proffered plan to prowde a s~te layout more suited to a bank Major Issues: · Degree to which the proposed budding elevabons and site layout are consistent with the level of quality guaranteed by the existing proffer agreement · Degree to which th~s request is consistent with the Comprehensive Plan for this area Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property ~s currently zoned cond~bonal B- 2 Community Bus~ness District and ~t ~s undeveloped Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 2 Surroundinq Land Use and Zoning North: South: East: West: · Salem Crossing Shopping Center / Conditional B- 2 Bus~ness District · Lynnhaven Parkway · Vacant property / R-5D Residenbal D~stnct on the south s~de of Lynnhaven Parkway · Outparcels associated with Salem Crossing Shopping Center / Conditional B-2 Business District · Salem Road · Condominiums / A-12 (PDH-2) Apartment D~str~ct on the west s~de of Salem Road Zoninq and Land Use Statistics With Existing Zoning: The ex~sting Conditional Zoning Agreement hmits the uses on th~s s~te, designated as Parcel D ~n the 1998 Cond~bonal Zoning Agreement, to e~ther a child care education center, offices and clinics, business studios, or a financial insbtubon With Proposed Zoning: The same uses w~ll be allowed on Parcel D. This aspect of the Conditional Zoning Agreement w~ll not change. Zoning History This s~te was part of a larger 5 17-acre parcel that was rezoned from R-5D to Conditional B-2 Community Business Distr~ct on July 14, 1998. The proffers were recorded in Deed Book 3938 at Page 1587. The 5.17-acre parcel was subdivided ~nto four separate parcels, labeled Parcels A to D Th~s site is labeled as Parcel D and is undeveloped. Parcels B and C were recently developed in accordance w~th the proffers as a retail center named "Salem Shops". Parcel A at the western end of the property was recently sold and developed w~th a convenience store and fuel sales pumps. Several rezonings from residential to commercial have also occurred on property to the north and south of this site A rezonmg from residential to apartment district was approved west of th~s s~te ~n 1998. Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 3 Air Installation Compatible Use Zone (AICUZ) The site ~s ~n an AICUZ area of 65-70dB Ldn surrounding NAS Oceana Natural Resource and Physical Characteristics The site ~s a grassy level area w~th scattered small trees. There is one large 60 ~nch oak tree located in the northwestern portion of the s~te. Public Facilities and Services Water and Sewer There is a 12 tach C~ty water hne in Lynnhaven Parkway fronting th~s site and an 8 inch stub at the southwest corner of this parcel There ~s an 8 ~nch C~ty sewer manhole at the northwest corner of th~s s~te. This site must connect to C~ty water and sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Lynnhaven Parkway in the vicinity of this application is considered a four (4) lane diwded major suburban arterial, as designated on the Master Transportation Plan. There is currently no project to upgrade th~s facdity on the CIP hst Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use z_ 122 ADT Lynnhaven Road 24,000 ADT 17,300 ADT Proposed Land Use 3_ 796 ADT Average Dady Trips 2 as defined by 3,000 square feet of proffered land uses 3 as defined by a 3,000 square foot bank Public Safety Police: In an effort to reduce the opportunity for crime, the apphcant should rewew and ~ncorporate safety by design concepts and design strategies contained ~n the C~ty's "Crime Prevenbon Through Environmental Design - General Gu~dehnes for Designing Safer Communities" Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 4 booklet. · The submission of a lighting plan dunng s~te plan review is encouraged All lighbng on the s~te should be consistent w~th the standards recommended by the Illum~nabon Society of North America. · Where lighbng fixtures are ~nstalled along drive a~sles and w~th~n parking areas, all fixtures should be of appropriate height and design as to prevent any direct reflecbon or glare toward adjacent uses and City streets. L~ghting should be directed down at the ground and not out horizontally or up ~nto the air. · The berm along Lynnhaven Parkway should be designed to allow areas for wsib~lity into the site by passing law enforcement patrols, other motorists, and pedestrians. This can be accomplished by hawng the berm meander and undulate as stated in the C~ty's landscape guidelines. Fire and Adequate Rescue: Comprehensive Plan The Comprehensive Plan recommends use of this s~te for retad, service, office and other compatible uses within commercial centers serving surrounding neighborhoods and communities. The Comprehensive Plan states that for those areas of the Kempswlle Planning Area yet to be developed, we must establish and adhere to h~gh standards of appearance and funcbon. Summary of Proposal Proposal · The applicant proposes construction of a one-story Bank of America branch consisting of approximately 3,000 square feet of floor area The applicant ~s amending the existing proffer agreement to modify the s~te layout and architectural elevation to accommodate the proposed use The exisbng proffered s~te layout plan and architectural elevation for th~s parcel (Parcel D) were ~ntended for a ch~ldcare educabon center Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 5 Site Desi.qn The s~te ~s triangular is shape, making ~t a d~fficult site to work with ~n terms of placement of a retail or office building and associated parking and vehicle c~rculabon The proposed site plan shows the bank ~n the center of the site, w~th the drive- through banking lanes located on the north s~de of the bank Parking for the bank ~s located ~n the front (west side) and ~n the rear (east s~de). A drive a~sle encircles the building, with traffic flowing one-way counterclockwise. The budding ~s setback approximately 44 feet from Lynnhaven Parkway. Twenty-five (25) feet of that setback consists of a landscape buffer that w~ll be designed and planted consistent w~th the original concept for these parcels, s~mdar to the exisbng buffer for the adjoining parcels (Parcels B and C) Vehicular and Pedestrian Access The site plan shows the primary vehicular access point from the main drive a~sle from Lynnhaven Parkway, which serves all four of the parcels Th~s ma~n drive a~sle was recently connected to the drive a~sle ~n front of the Kroger store at the shopping center to the north. Th~s connecbon prowdes an alternabve means of access to and from Lynnhaven Parkway for patrons of businesses at the shopping center. Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 6 The ma~n drive atsle also provides access to Salem Road to the west. The site plan also depicts a second access to and from the subject s~te and the shopping center to the north Th~s second access ~s depicted at the eastern end of the site at the apex of the triangle formed by the parcel boundaries. This access ~s generally located at the point where a shopping center drive a~sle runs adjacent to the shopping center outparcel that currently ~s used for a McDonalds restaurant The s~te plan depicts pedestrian connecbons of the site to Lynnhaven Parkway, to the adjoining shops to the west, and to the shopping center to the north. A stamped asphalt crosswalk ~s shown at the ma~n entrance to the s~te. Staff w~ll also work w~th the apphcant to ~nclude the same type of crossing at the eastern end of the s~te where the crosswalk from the rear of the budding runs along the parking spaces and then crosses the drive a~sle before proceeding to the public s~dewalk along Lynnhaven Parkway. · Twenty-four (24) parking spaces are required for this use. The site plan indicates that 27 parking spaces (two of which are for hand~capped use) wdl be prowded. Architectural Desiqn · The proposed architectural design of the bank building ~s not the standard prototype design A unique, site-specific design has been prowded Front Elevation · The front of the bank faces the ma~n drive a~sle from Lynnhaven Parkway with the drive-through banking lanes located on the north s~de of the building, away from Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 7 Lynnhaven Parkway The building has been designed to match the style of the exisbng buildings located on Parcels B and C The br~ck columns shown on the two front sides of the building and the dryvit strip running along the top of the budding on all sides are based on the design elements on the ex~sting buddings located on Parcels B and C and provide conbnu~ty and uniformity to the overall commercial area. · A brick water table course on all s~des of the building ~s another common design feature shared with the neighbonng buildings The building also utilizes brick soldier coursing w~th keystone details above the windows and above recessed areas set ~nto the br~ck wall at the same size as and in rhythm w,th the w~ndows Th~s feature also budds from elements found on the neighbonng buildings. · The architectural plans indicate that the drive-through banking area w~ll be covered with the same materials and architectural elements as the remainder of the budding. A canopy wdl be located over the ma~n entrance to the building. The canopy will be red along the edge and indiwdual letters for the Bank of America s~gn and logo will be situated on top of the canopy Landscape and Open Space · A 25-foot w~de landscape buffer is proffered along the Lynnhaven Parkway frontage The area, hke that w~th the neighboring parcels, consists primarily of stormwater drainage ponds lined w~th a row of evergreen hedges and small and medium shade trees Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 8 · Additional trees and landscaping will be located w~thin the parking area and along the budding frontage to meet the requirements of the C~ty Zoning Ordinance. Proffers The apphcant ~s proposing to modify the Conditional Zoning Agreements recorded in Deed Book 3938 at Page 1587 (1998) and as recorded ~n Deed Book 4514 at Page 0910 (2001) primarily for Parcel D only. A copy of the 1998 Agreement and the 2001 Agreement is prowded at the end of this report for reference. L~sted below are the rewsed proffers submitted by the applicant. PROFFER # 1 Proffer numbered "1" in the 2001 Proffers ~s amended to read' When the Property is developed, parcels "B" and "C" shall be developed substantially as shown on the Exhibit entitled "PRELIMINARY SITE PLAN OF THE VILLAGES OF LYNNHAVEN, SALEM AND LYNNHAVEN PARKVVAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Serwces, Inc., dated April 2, 1998, which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file w~th the V~rgin~a Beach Department of Planning (hereinafter "1998 Site Plan"). Parcel "A" shall be developed substantially as shown on the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN", prepared by Engineering Serwces, Inc, dated July 2, 2001, which has been exhibited to the Virginia Beach C~ty Councd and is on file with the V~rg~n~a Beach Department of Planning (hereinafter "Parcel A Site Plan"). Parcel "D" shall be developed substantially as shown on the exhibit entitled "BANK OF AMERICA LYNHHAVEN SQUARE NEW STORE", prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated June 27, 2003, which has been exhibited to the V~rg~n~a Beach C~ty Councd and ~s on file with the Virginia Beach Department of Planning (hereinafter "Parcel D Site Plan") Staff Evaluation: This proffer revision rep/aces the site plan for Parcel D only and is acceptable PROFFER # 2 Proffer numbered "2" in the 2001 Proffers is deleted. Staff Evaluation: This proffer clanfies that the plan proffered for Parcel D/n Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 9 PROFFER # 3 Staff Evaluation: PROFFER #4 the original 1998 Agreement is invahdated and superseded by Proffer 1 as amended above. This proffer is acceptable. Proffer numbered 3 in the 2001 Proffers ~s amended to read. When Parcel "A" is developed, Parcel "A" shall contain landscaping features substantially in accordance with the exhibit entitled "CONCEPT SITE PLAN FOR 7- ELEVEN", prepared by Eng~neenng Serwces, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach C~ty Council and ~s on file w~th the V~rgin~a Beach Department of Planning. Parcel "D" shall contain landscaping features substanbally ~n accordance w~th the Parcel "D" site plan. Parcels B and C shall contain a m~nimum of five (5%) of landscape and open space ~n addibon to the "25' Landscape Buffer" reference herein and the C~ty's parking lot and foundation landscaping requirements The landscape materials used shall be in accordance w~th the City's landscape standards in effect at the bme of s~te plan approval Landscaped pedestrian plazas or landscaped pedestrian access ways that ~ncorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the m~nimum five percent (5%)landscape/open space requirement referenced here~n. This proffer modifies the landscape requirements for Parcel D to be/n accordance w/th the proffered site plan. The landscape requirements for Parcels A, B, and C remain unchanged. Proffer numbered "13" ~n the 1998 Proffers is amended to read: The external budding materials and architectural design elements of the budding depicted on the Parcel D Site Plan shall be substantially the same as shown on the exhibit entitled "ELEVATIONS, BANK OF AMERICA, LYNNHAVEN SQUARE SHOPPING CENTER," prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated 7/29/03, which has been exhibited to the V~rgin~a Beach C~ty Council and ~s on file w~th the V~rgm~a Beach Department of Planning (hereinafter "Parcel D Rendenng") Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 10 Staff Evaluation: This proffer rep/aces the architectural elevation for Parcel D A detailed description of the new architectural elevation is provided/n the Architectural Des/qn section of this report. This proffer is acceptable. PROFFER # 5 All of the terms, conditions, covenants, servitudes and agreements set forth ~n the 2001 Proffers recorded in the Clerk's Office of the Circuit Court of the C~ty of V~rgm~a Beach, V~rgin~a, in Deed Book 4514, at Page 0910, save and except, Proffer I as specifically amended and modihed hereto and Proffer 2 as deleted here~n, shall remain in force and effect, running w~th the Property and binding upon the Property and upon all part~es and persons claiming under, by or through the Grantor, his heirs, personal representatives, assigns, tenants, and other successors ~n ~nterest or btle. Staff Evaluation: This proffer states that except for the changes noted above, the 2001 Conditional Zoning Agreement remains/n effect. Th~s proffer is acceptable. PROFFER # 6 All of the terms, condibons, covenants, servitudes and agreements set forth in the 1998 Proffers recorded ~n the Clerk's Office in Deed Book 3938 at Page 1587, save and except, Proffer 13, as specifically amended and modified herein, and Proffer 1, Proffer 2, Proffer 7, Proffer 8, Proffer 10, Proffer 12, Proffer 17, Proffer 18, Proffer 19, as specifically amended, or deleted ~n the 2001 Proffers, shall remain in force and effect, running w~th the Property and b~nd~ng upon the Property and upon all part~es and persons claiming under, by or through the Grantor, his he~rs, personal representatives, assigns, tenants, and other successors ~n interest or title. Staff Evaluation: This proffer states that except for the changes noted above, the original 1998 Conditional Zoning Agreement remains in effect. Th/s proffer/s acceptable City Attorney's Office: The C~ty Attorney's Office has reviewed the proffer agreement dated August 22, 2003 and found ~t to be legally sufficient and ~n acceptable legal form Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 11 Evaluation of Request The request for a Modification of Proffers is acceptable. The use of the parcel for a bank is consistent w~th the original uses proffered for the s~te. However, whde a bank was a contemplated use, the s~te design and architectural elevabon that was proffered for the s~te were not suitable for a bank, as ~t was thought at the bme of the 1998 rezoning the parcel would be used for a chddcare facility. The Mod~ficabon of Proffers prowde for a budding and site design that ~s suitable for the bank or several of the other proffered uses for th~s parcel. The applicant has submitted a site plan layout and architectural elevabons that keep ~ntact some of the key design features of the original proffer agreement, thereby maintaining consistent quality. This request is consistent w~th the goals of the Comprehensive Plan in th~s area and ~s recommended for approval as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 12 998 Proffers PRFPARED BY eKES CARNES EIOURDON & A~ERN PC ATnrO~NEyS AT LAW '" 18011 ! 1(3938Pi; 1587 THE CH/LISTI~ REFORMED BOARD OF HOME MISSIONS, a M~ch~gan Corporatmn, and MICHAEL D SIFEN, iNC, a VJrg~ma corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporatmn of the Conunonwealth of V~rg~nia THIS AGREEMENT, made tlus 28~ day of January, 1998, by and between 2FHE_ CH~STIAN REFORMED BOARD OF HOME MISSION_S, a lVQchJgan corporation, Property Owner and lV~..CHAEL D SIFEN,...!NC, a Virginia corporation, Contract Purchaser, hereinafter collectively referred to as GRANTORS, and T~I-IE CITY OF VIRGINIA.. BEACH, a municipal corporatton of the Commomvealth ofVirgtma, -~J~l~, party of the second part WHEREAS, Prope ,r[y Owner is the owner of a certain parcel of property located m the Kcmpsvdle Borough of the City of Vtrginia Beach, contaimng approx~matety fi~e and seventeen- one hundreds (5 17) of an acre and described in Exhibit "A" attached hereto and incorporated herein by tlus reference, smd property hereinafter referred to as the "Property", and WHEREAS, the GRANTORS have mitmted a conditional amendment to the Zomng Map of the City of Virg~raa Beach, Virgmm, by petitmn addressed to the GRANTEE so as to ch.mge the Zoning Classification of the Property from R-SD Res~dentml D~stnct to B-2 Commumry Business District, and WHEREAS, the GRANTEE'S pohcy ~s to promde only fi)r thc orderly development of i land for various purposes through zomng and other land development leg~slatmn and WHEREAS, the GRANTORS acknowledge that the competing and somettmes IItncompat~ble development of var, ous types of uses conflict and that ~n order t¢. perrmt diffi.nng t!types of uses on and in the area of the Property and at the same rune to recoemze the effec s of change that wdl be created b5 the GRANTORS' proposed rezoran~, certain reasonable condil ions governing the use of the Property fbr the protectmn of the community that are not generally apphcable to land slrmlarly zoned are needed to resolve the s~tuatmn to wtuch the GRANTORS' rezoning application g~ves nsc, mid Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES I # 3 Page 13 & AHERN PC A'I'3'ORNE¥~i AT LAW Bl(3938P t 588 WJ-[ERJ~AS, the Ol~'~TORS have voluntarily proffered, m writing, m advance o£ and prior to the public heann§ before the Gi~uNTE~, as a part o£ the proposed amendment to the Zomng Map wkh respect to the ?roperg/, Se £ollov~ng reasonable conditions related to the physical development, operation, and use of' thc Prope~'7 to be adopted as a part of' smd amendment to the Zoning Map relatwe and applicable to the Property, which has a reasor, able relatmn to the rezoning and the need for which is generated by the rezomng NOW, THEREFORE, the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requu-ement by or exaction from the GRANTEE or its governing body and w~thout any element of compulsion or fl.~d gr_q quo_ for zoning, rezonin8, site plan, building permit, or subdivision approval, hereby make the following decIaration of conditions and restrictions which shall re.~tnct and govern the physmal development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running w~th the Property, which shall be binding upon the Property ' and upon all parties and persons claurung under or through the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors m interest or title 1 When the Property is developed, it shall be developed substantially as shown on the exhibit enutled "PRELIMINARY SITE PLAN OF TIlE VILLAGES OF LYNNHA¥-EN, SALEM & LYNNHAVEN PARKWAY, Kempsvllle Borough, V~rginia Beach, Vu'ginia", prepared by Engineering Serwces, Ine, dated April 2, 1998, which has been exl~bited to the Vlrgiraa Beach C~ty Councd and is on file with the Virgima Beach Departraent of Planmng (hereinafter "Sxte Plan") 2 When those portmns of the Property designated Parcel "A" and Parcel "D' are Il developed, they shall be developed substantially as shown on the exhibtt entitled "CONCEPT IIPLAN PARCELS A & D AT THE VILLAGES of Lyrmhaven, for Siren Incorporated" prepared ~I by Porterfield Design Center whmh has been exbab~ted to the V~raa Beach C~ty Council and ~s on file w~th the Virginia Beach Department of Planmng (hereinafter "Concept P~an' ) 3 When Parcel "A" is developed and when Parcel "D" ts developed, GRANTORS shall create the stormwater retentmn area, install the landscaping, brick columns and berming as depicted on the Concept Plan The stormwater retention area will be designed and engineer~ d to Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 14 BK3938P6 t 589 feature areas of native wetland and riparian vegetauon In addmon to engmeenng review the plans for the stormwater retentaon area shall be rexaewed and approved by the Planmng D~rector or designee for consistency with ttus proffer The sodded berms shall be a mu~mum of two feet (2') m height measured from a base elevation equal to that of the s~dewalk within the Lynnhaven Parkway right-of-way adjacent to the area designated "25' Landscape Buffer" on the Site Plan 4 When Parcels "B" and "C" are developed, GRANTORS shall create a landscaped stormwater retention area witban the area designated "25' Landscape Buffer" on the Site Plan, utilizing the same design, landscaping and brick columns utilized on Parcels "A" and "D", as depicted on the Concept Plan 5 At the time of the subdivision of the parcels shown on the Site Plan, Gtt. ANTORS shall record a no-regress/egress easement along the portions of the parcels contiguous to Lynnhaven Parkway and Salem Road. except as allowed for regress/egress as shown on the Site Plan. 6 The number ~fparcels shall not exceed the four (4) depicted on the Site Plan and no parcel shall be less than one acre in stze 7 Each parcel shall contain a rmmmum of five percent (5%) of landscape and open space area m addition to the "25' Landscape Buffer" referenced herein and the City's parking lot and foundatton landscaping requirements The landscape materials used shall be in accordance vnth the City's landscape standards tn effect at the time of the sate plan approval Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planmng Director may be counted toward the rmmmum five percent (5%) landscape/open space requirement referenced herein 8 The only use wbach will be perrmtted on "Parcel A" ~s e~ther a drugstore/pharrr, acy. an eating and dnnkang estabhshment without drive through wandows, which does no__!t reqmre a conditmnal use peiTalt, or a financial mmtut~on 9 The only use whzch wdl be penmtted on "Parcel D" as either a p~ { school/child care education center, business studios, offices and chrfics, or a financial msmutmn ,,~^.~ ., 10 Each parcel shown on the Site Plan shall contmn pedestrian ways and a b~ke path · ~o.,~s ^, ~^w cormectmg smd parcels to one another and to the shared boundary w~th Salem Crossing Shopping Center as indicated on the Site Plan The pldestnan access ways which cross paved and/or Plannino Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 15 BK3938PG 590 K£$ CARN[S BOURDON ATTORNEYS ~ L~W vebacular areas, shall be dehneated by the use of paver blocks or other m~lar architec:ural treatment 11 No parking spaces or dumpsters on the Property shall be located between Lyrmhaven Parkway and/or Salem Road and the respective braidings on each parcel 12 The external building materials, colors and architectural design elements of the budding depicted on Parcel "A" shall be substantially the same as shown on the exhbit enmled "Walgreens Pharmacy P~cture", dated 4/2/98, which has been exhibited to the ¥irginia Beach C~ty Counctl and ~s on file w~th the V[rgmia Beach Department of Planning (hereinafter "Pmture") The architectural design elements of the non-brick portion of the building facade at the ,~tore entrance, as depmted on the Picture, shall be rephcated on the corner of the budding nearest the intersection of Lynnhaven Parkway and Salem Road 13 The external buildtng materials, colors and arclutectural design elements of the building depicted on Parcel "D" shall be those depmted and described on the Concept Plan 14 The external braiding materials and colors used on the bmldmgs constructed on Parcels B" and "C" shall be the same building materials and colors used on the bufldmgs on Parcels "A" and "D", excluding accents and windows The architecture, including pattern of materials and design elements used, of the bmldmgs on Parcels "B" and "C" shall be complementary to the arclmtecture of the buildings on Parcels "A" and "D" Elevations and renderings of the buddings proposed for Parcels "B" and "C" shall be ~emewed by the Planning Director or designee for compat~bdity prior to site plan approval 15 No parcel shall contain more than one (1) pnnc~pal braiding, however, for purposes of this proffer, an automated teller maclune and ~ts supporting structure shall not be considered an addmonal pnncipal bmldmg An automated teller mactune may only be placed on any parcel after approval of a subrmtted site plan and rendenng, by the Planning D~rectcr or demgnee based upon ~ts compat~bdtty wath the arclutecture of the principal bmldmg and ~ts [I compat~bihty w~th traffic circulation within the Property 16 All freestanding mgnage shall be monument style, shall not exceed a height of vtght i feet (8 ¢,~and no pomon of the s~gnage on each sign shall protrude beyond the sign face area ilAny freestandmg s~gn constructed on a parcel shall have a brick base matctung the brick on the Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 16 i 1(3938P1:; 159 i & ,~HERN PC AT'YORNE¥$ Al LAW principal building No neon lighting visible from Lynnhaven Parkway, Salem Road, or adjo~mng property shall be perrmtted to be placed on the Property 17 The freestanding monument style s~gn shown on the Concept Plan for Parcel "A" and as depmted on the Picture, shall utilize a white background with red lettenng 18 The pedestrian entry feature to Parcel "A" at the comer of Lynnhaven Parkway and Salem Road, as depicted on the Concept Plan, shall utilize pavers, stamped concrete or a combination of the two for the depicted walkway areas fi.om the sidewalk w~thin the City right-of- way, back to and around the "Annual Beds" surrounding the "Monument Sign" 19 No automobile services station and no eating and drinkang establishment with drive through windows shall be penmtted on the Property 20 The only uses wluch will be permitted on Parcel "B" and Parcel "C" are those which are perrmtted uses in the B-lA L~mited Community Business District. 21 Further cond~uons may be required by the GRANTEE dunng detatled Site Plan · and/or Subdivision review and admarastration of applicable City Codes by all cogmzant City agencies and departments to meet all applicable City Code reqmrements All references heremabove to R-5D and B-2 Districts and to the ~eqmrements and regulations apphcable thereto refer to the Comprehensive Zoning Ordinance and Subdiwsion Ordinance of the City of V~rginia Beach, Virgtnia, m force as of the date of approval of this Agreement by City Council, whtch are by this reference incorporated herein The above conditions, having been proffered by the GRANTORS ,md allowed and accepted by the GRAN rEE as part of the amendment to the Zomng Ordinance, shall continue ~n full force and effect unttl a subsequent amendment changes the zoning of the Property and specifically repeals such cond~tions Such condmons shall continue des/me a subsequent amendment to the Zoning Ordinance even if the subsequent amendment ~s part of a comprehensive ~mplementation of a new or substantially rewsed Zomng Ordinance until specifically repealed The conditions, however, may be repealed, amended, or caned by wrttten ~nstrument recorded m the Clerk's Office of the C~rcmt Court of the Ctty of Vlrglma Beach, V~rgmia, and executed by the record owner of the Property at tt~e tmae of recordation of tach instrument, provided that said instrument ~s consented to by the GRANTFE m writing as evidenced by a certified copy of an ordinance or a resolutmn adopted by the govermng body of 5 Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 17 Bi(3938P ; 1592 the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the prowsions of Sectton 15 2-2204 of the Code of Vtrguua, 1950, as amended Sald ordinance or resolution shall be recorded along w~th said instrument as conclusive evidence of such con.~ent, and if not so recorded, smd instrument shall be void The GRANTORS covenant and agree that. (1) The Zoning Admamstrator of the City of Virginia Beach, Vrrgmia, sh,tll be vested w~th all necessary authority, on behalf of the governing body of the City of Virgima Beach, Virgima, to administer and enforce the foregoing condmons and restrictions, including the authority (a) to order, in writing, that any noncomphance with such conditions be remedied, and Co) to bring legal action or stat to insure compliance with such conditions, including mandatoiy or prohibitory injunction, abatement, damages, or other appropriate action, suit, ol proceeding, (2) The failure to meet all conditions and restricbons shall constitute cause to den3 the issuance of any of the requir.ed bmlding or occupancy permits as may be appropnate, (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings m court, and (4) The Zomng Map may show by an appropriate symbol on the map the erdstence of conditions attaclung to the zomng of the Property, and the ordinances and the condmons may be made readily available and accessible for pubhc inspection m the office of the Zomng Adnumstrator and in the Planmng Department, and they shalI be recorded m the Clerk's Office of the Circuit Court of the City of Vlrguua Beach, V'trglrua, and ~nde,:ed in t ac names of the GRANTORS and the GRANTEE ~REPARED BY '(ES CARNE$ EIOURDON & AHERN ~'C AT'I'ORNE¥$ AT LAW Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 18 2001 Proffers HKI, 51 t, PG09 1 I am .4X generally applicable to land similm'ly zoned arc needed to reselve the silu~ion to which the application 8ives rise; and WHEKEAS, the GR. ANTOR has voluntarily proffered, in writing, in advance of and prior to the imb{ic haarinl~ before the GRANTEE, as pa~ of~e proposed modif~ions to the exist~g zoning conditions wid~ respem to Ibc Property,, the followi~ reasonable coa4itions related to the physical derelict, operation, and use o! tm PrOlXny lo b~ ad,~piod, v, hich conditions have a reasonable relaiion to tl~ proposcd modifmfions and the need for whzch is Sen~'ated by the Ixoposed modifications. NOW, THEREFORE, thc GRANTOR. its succcsmrs, personal representatives, assigns. Grantees, and other succe, ssors in tit~e or interest, voluntanly and without any requirement by or exaction from th~ GRANTEE or its governing body and withoal any element of comlmlsior~ or quid ~ a_uo tm* ~d~,l~, ,r. zol~i~g, ~i:c F!~r~ L~ai!ding p.t..,~i{, or cuhdwision apl:~oval hereby make the following declaralion ofco~ditions ~d ~estri¢l~ons which shall restrict and 8overn Ibc physical development, operation, and use or'the Property and hereby covenant and agree that this declaration shall consfilute covenams rurming with the Pmpmy, wt~ich shall be binding upon Property and u-pon all parties and persons claiming under or through thc GRANTOR, its successors, persorml represenlal~ves, assigns. Gmnlees, and elber successors m in~etest or title: I. "PROFFER l" is amended m read: When the Property ~s developed, pan:els "B," "C," and "D" shall be developed substantially as show~ on d~e exhibit enlitled 'PRELIMINARY ~ITE PLAN OF THE VILLAGES OF LYNNH~VEN, SALEM AND LYNNHAVEN PARICWAY, Kcmpsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., daled April 2, 1998, which has been exl~ibized to the Virginia Beach City Council and is on file with the Virl~inia Beach Depamnen~ of Planning (hereinafter Site Plan"). Parcel "A" shall be developed substantmity as shown on thc exhibit entitled ~CONCEPT SITE PLAN FOR 7-ELEV£N," prepared by Engineering Services, ln~., dared July 2, 2001, which has been exhibited to the Virginia Beach Ci~yCouncil and is on file with Virginia Beach Department of Planning (hereinafter "sil¢ plan"), 2. "PROFFER 2" is amended to read' When ~hose portions of the Property designated Parcel "A" and Parcel "D' are developed, Parcel "O" shall be developed subsumtially as shown on th~ exhibit cntided "CONCEPT PLAN PARCELS A & D AT THE VILLAGES of Lynnhaven, for Siren incorporalgd% prepared by Ponerfield Design Center which has bee~ exhibiled !o the Virginia Beach City Council and m on file wilh the Virginia Beach Department of Planning (hereinaflcr "Concgp! Plan"). Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 19 3. ~PROFFER 7~ is ~ lo r~: When Pa~.gl"^' is c~vglop~ Parc~! ~! ~n~ ~~8 f~ ~~ly in ~ wi~ ~ ~il ~titl~ 'C~CE~ S~ P~ FOR 7-ELEV~,' ~ ~ b~n~ng ~i~ I~., ~ July 2~1, ~i~ ~ ~ ~ibit~ to ~ Vi~inia ~ Ci~ Co~il ~d is ~ file ~ t~ Vi~ ~ ~t of P~g, P~ls ~ C, ~ D ~11 contain m minim~ of five ~ (5%) of I~~ ~d o~ ~ ~ in ~on ~ ~ -25' ~~ Buffs" time of ~e si~ pl~ ~. ~~ ~~ p~ ~ I~~ ~~ ~~ ~ ~ ~~ m~ &e minim~ five ~i (~%) I~~~ s~ ~i~ ~f~ ~. 4. 'PROF~ ~ is m~ ~ ~: ~e ~ ~ which will ~ ~i~ ~ ~ ~~ ~ ~a~tin8 ~id ~c~ to ~ ~r ~d to ~e ~ ~~ wi~ Sa~m C~sin8 S~in8 ~t~ ~ indi~t~ on ~ Sile PI~ ~ ~an ~ whkh ~ ~ ~ vehicul~ ~ ~all ~ delin~ by ~ u~ of pav~ b~s or ~er 6. ~PRO~ 12" is a~~ ~o ~: ~e e~al build~8 ma~als ~d ~hi~ ~i~ e~~ of~e build~8 ~pk1~ ~ ~1 'A~ shall ~ sub~1~lly &e ~e ~ ~ on ~ ~hibit ~filled "7-EL~ CO~i~CE S~ ~ ~EL STA~O~ ~c~ July 2, 2001, which ~ ~ ~ibi~ to ~ Vi~n~ ~h CiW Co~cil 7. "P~FFER 17~ is ~lel~. 8. "PROFF~ 18' is ~le~. 9. 'PRO~R IT' is i 0. All of t~ ~ co~~ cove~ ~~ ~d ~~is ~ fo~ in ~~ C~~ ~~ions ~ CoMities~ ~ Jm~ 28, I~, ~d ~ord~ in C~'s O~ m ~ B~k 393~ at Pa~ 1587, ~ ~ ~e~ Pmff~ 1, ~ffer ~ ~ffer ~ff~ 8, ~ff~ 10, ~ff~ 12, Pmff~ 17, ~ffet 18, ~d Pmff~ 19, ~ s~ifi~lly amend~ ~ifi~ he~in, s~il ~am in f~ce ~d eff~ ~ wi~ the Pm~ ~d binding Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 20 BKLt 5 t ~PG09 1 3 the Prolxft~ And uixm 411 ironies m~d ~ claiming u~e, ~ ~ ~~ ~e G~r, his ~M ~~ti~ mi~ ~~ ~ ~r ~s~ in in~ ~ title. I !. Fu~ ~di~ may ~ ~u~ ~ ~e G~ d~n8 ~il~ S~ P~ ~or SuMi~ ~ ~d ~i~ orville Ci~ C~ ~ all ~p~ Ci~ Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 21 Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 22 Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 23 i "1 Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 24 Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 25 DISCLOSURE STATEMENT Z Applicant's Name List All Current Property Owners l.ynnhaven Block Assqc_~_a_t~_s_l__L_.L._~._ ............ Lynnhaven Block Assoc~atest L.L.C. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporabon below' (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below, (Attach list tf necessary) H][chael D. SI. fen, Nember F1 Check here ff the property owner is NOT a corporabon, partnership, firm, or other unincorporated orgamzation If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE if the property owner is a CORPORATION, list all officers of the Corporation below' (Attach i/st if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach list tf necessary) r-i Check here if the property owner ~s NOT a corporatlon, partnership, firm, or other unincorporated orgamzation. CERTIFICATION. I certify that the information contained herein is true and accurate. Lynnhaven Block Associates, L.L.C. Signature ~ ~ Print Name Z Z Z Modification of Condthons Application Page 9 of 13 Planning Commission Agenda September 10, 2003 LYNNHAVEN BLOCK ASSOCIATES / # 3 Page 26 Item #3 Lynnhaven Block Associates, L.L.C. Modification of a Change of Zoning District Classification 2061, 2077, 2085, 2093 Lynnhaven Parkway District 1 Centervdle September 10, 2003 CONSENT Dorothy Wood: The next item is Item #3, which is the Lynnhaven Block Associates. It's an Ordinance upon application of the Lynnhaven Block Associates for a Modification of a Change of Zoning District Classification. It was approved by the City Council on July 14, 1998 and was modified by the City Council on September 25, 2001. The property is located on Lynnhaven Parkway in the Centervdle District and it has proffers. Eddie Bourdon: Again, for the record, Eddie Bourdon representing the application. I just want to take a second to express my appreciation and thanks for staff for working with us closely on th~s application and the application number one and I appreciate being on the consent agenda. Dorothy Wood: Thank you Mr. Bourdon. Barry. Barry Knight: The use of a parcel for a bank is consistent with the original uses proffered for the site. However, while a bank was a contemplated use, the site design and architectural elevation proffered for the site were not suitable for a bank, as we thought at the time in 1998, that a rezomng would be used for child care facility. The modification of proffers provide for a building and site design that is suitable for the bank. The applicant has submitted a site plan layout and architectural elevations that are consistent with the original proffered agreement, thereby maintaining consistent quality. This request is consistent with the goals of the Comprehensive Plan in this area. Therefore, we view th~s as a proper use of the property. Dorothy Wood: Thank you. Is there any opposition to Item #3, Lynnhaven Block Associates for a modification in Change of Zoning Classification in the Centervdle District9 Heanng none. Mr. Rlpley, I would move to approve this consent agenda item number three Lynnhaven Block Associates with six proffers. Ronald Rlpley: We have a motion to approve this consent agenda item. Do I have a second? Seconded by Mr. Will Din. Is there any discussion on the motion? Okay, we'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE Item #3 Lynnhaven Block Associates, L L C. Page 2 DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald R~pley: By a vote of 10-0, the motxon passes. ABSENT FORM OUR 1~lk'~°~ City of Virginia Beach IhlTER-OFF1C£ CORRESPOI~EhlCE In Reply Refer To Our File No. DF-5769 DATE: September 10, 2003 TO: Leslie L. Lilley DEPT: City Attorney _,-~ FROM: B. Kay Wilso~ DEPT: City Attorney Conditional Zoning Application Lynnhaven Block Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 23, 2003. I have reviewed the subject proffer agreement, dated August 22, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SYli[S. tlO[~DON. i AtlEtlN & [IVY. PC SECOND AMENDMENT TO CONDITIONS PROFFERED COVENANTS, RESTRICTIONS AND LYNNHAVEN BLOCK ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 22na day of August, 2003, by and between LYNNHAVEN BLOCK ASSOCIATES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the Grantor is the owner of those certain parcels of property located in the Centervflle District of the City of Virgima Beach, Virginia, designated as Parcels "B', "C' and "D' contaimng approximately three and sixty-three one hundreds (3.63) of an acre and described in Exhibit "A' attached hereto and incorporated herein by th~s reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a second modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property which are only applicable to Parcel "D'; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated January 28, 1998 (hereinafter "1998 Proffers"), and the previously proffered Amendment to Proffered Covenants, Restrictions and Conditions dated August 2, 2001 {hereinafter "2001 Proffers") to reflect the amendments applicable to the land use plan on the Property; and GPIN: 1475-96-1048 1475-85-9946 1475-85-7859 PREPARED BY SYg[$. ]~OUi~DON. AtlF~N & L~CY. p c WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed second modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modifications. NOW, THEREFORE, the Grantor, xts successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezomng, site plan, budding permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons clmming under or through the Grantor, ~ts successors, personal representatives, assigns, grantees, and other successors in interest or rifle: 1. Proffer numbered Ki' in the 2001 Proffers is amended to read: When the Property is developed, Parcels KB" and KC" shall be developed substantially as shown on the Exhibit entitled KPRELIMINARY SITE PLAN OF THE VILLAGES OF PREPARED BY /gYl~[$. ]~()I~t~D()N, AIIEtlN & LEVY PC LYNNHAVEN, SALEM AND LYNNHAVEN PARKWAY, Kempsville Borough, Virginia Beach, Virginia", prepared by Engineering Services, Inc., dated April 2, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "1998 Site Plan"). Parcel "A" shall be developed substantially as shown on the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN", prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel A Site Plan"). Parcel "D" shall be developed substantially as shown on the exhibit entitled "BANK OF AMERICA LYNNHAVEN SQUARE NEW STORE", prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated June 27, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel D Site Plan"). 2. Proffer numbered "2" in the 2001 Proffers is deleted. 3. Proffer numbered 3 in the 2001 Proffers is amended to read: When Parcel "A" is developed, Parcel "A" shall contain landscaping features substantially in accordance with the exhibit entitled "CONCEPT SITE PLAN FOR 7-ELEVEN', prepared by Engineering Services, Inc., dated July 2, 2001, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. When Parcel "D" is developed, Parcel "D" shall contain landscaping features substantially in accordance with the Parcel "D" Site Plan. Parcels "B" and "C' shall contain a minimum of five percent (5%) of landscape and open space in addition to the 25' Landscape Buffer reference hereto and the City's parking lot and foundation landscaping requirements. The landscape materials used shall be in accordance with the City's landscape standards in effect at the time of site plan approval. Landscaped pedestrian plazas or landscaped pedestrian access ways that incorporate a landscaped design and pavement treatment approved by the Planning Director may be counted toward the minimum five percent (5%) landscape/open space requirement referenced herein. 4. Proffer numbered "13" in the 1998 Proffers is amended to read: The external building materials and architectural design elements of the building depicted on the Parcel D Site Plan shall be substantially the same as shown on the PREPARED BY /~YKES, tlOUItDON. Att[~N & LIVY. PC exhibit entitled "ELEVATIONS', BANK OF AMERICA, LYNNHAVEN SQUARE SHOPPING CENTER, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., dated 7/29/03, which has been exhibited to the V~rginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel D Rendering"). 5. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2001 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4514, at Page 0910, save and except, Proffer 1 as specifically amended and modified herein and Proffer 2 as deleted herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or rifle. 6. All of the terms, conditions, covenants, servitudes and agreements set forth in the 1998 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3938, at Page 1587, save and except, Proffer 13, as specifically amended and modified herein, and Proffer 1, Proffer 2, Proffer 7, Proffer 8, Proffer 10, Proffer 12, Proffer 17, Proffer 18, and Proffer 19, as specifically amended, or deleted in the 2001 Proffers, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or rifle. The Grantor further covenants and agrees that: All references hereinabove to R-SD and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall PREPARED BY ISLES. tlOUllDON. All[liN & LEVY. P.C ~,XHmlT "A" ALL THOSE certain lots, pieces or parcels of land with the buildings and n-nprovements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel B, Parcel C and Parcel D, as shown on that certain plat entitled, "SUBDIVISION OF LYNNHAVEN SQUARE LOCATED ON LYNNHAVEN PARKWAY, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., dated October 26, 2000, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 305, at Pages 22, 23 & 24. GPIN: 1475-96-1048 1475-85-9946 1475-85-7859 MODCOND1TIONS/LYNNHAVENBLOCK/PROFFER3 REV 8/25/03 M~p D-7 Map Not, t.o Scale !ond & Marilyn Zoning Change: from A-12 to R-5D ZONING HISTORY 1. 4-9-96 - RECONSIDERATION TO MODIFY CONDITIONS - Granted 1-19-88 - ZONING CHANGE from R-8 Residential to A-1 Apartments- Granted 2 11-19-84- ZONING CHANGE from R-8 Residential to A-1 Apartments - Granted 6-18-84- ZONING CHANGE from R-8 Residential to A-1 Apartments - Granted 2-8-82 - ZONING CHANGE from R-8 Residential to A-1 Apartments - Granted 3. 11-21-83 - ZONING CHANGE from R-8 Residential to A-1 Apartments - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Raymond and Marilyn Caffee - Change of Zoning District Classification MEETING DATE: September 23, 2003 · Background: An Ordinance upon Application of Raymond, Sr and Manlyn I. Caffee for a Change of Zon~n.q D~stnct Class~flcabon from A-12 Apartment D~stnct to R-5D Residenbal Duplex D~stnct on property located at 5019 Bonney Road (GPIN 14679077510000). The Comprehensive Plan recommends use of th~s s~te for res~denbal uses above 3.5 dwelling un~ts per acre. DISTRICT 2 - KEMPSVILLE The purpose of th~s request is to revert the zoning on the subject property back to the previous zoning in order to construct a s~ngle-family dwelling Considerations: The property ts currently vacant and zoned A-12 Apartment D~stnct. The applicant ~s planning to construct a s~ngle-fam~ly dwelling, which ~s not a permitted use in the A-12 Apartment Distr~ct The subject parcel was part of a 1984 rezon~ng of the townhouse property to the south, which was rezoned from R-8 Residential (now called R-5D Res~denbal Duplex) to A-1 Apartments (now called A-12 Apartment) This parcel was apparently originally intended to serve as a vehicular access for the townhouses, however, a d~fferent access was used. S~nce th~s property ~s not needed for the townhouse development, a more appropriate preference in terms of zoning ~s to change the zoning back to R-5D Res~denbal Duplex D~stnct to match the zoning on e~ther s~de of the property and across Bonney Road Th~s change w~ll create a consistent zoning pattern for the lots fronbng Bonney Road ~n the ~mmed~ate wc~n~ty The applicant ~s prepared to construct a s~ngle-fam~ly dwelling on the property should th~s request be granted The Planning Commission placed th~s item on the consent agenda because the proposal ~s consistent w~th the zoning pattern of the adjacent lots. Staff recommended approval There was no opposibon to the request Raymond and Manlyn Caffee Page 2 of 2 · Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve th~s request. · Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department~.,~[.~ City Manager: RAYMOND & MARILYN CAFFEE / # 2 September 10, 2003 General Information: APPLICATION NUMBER: D07 - 215 - REZ- 2003 REQUEST: Change of Zonin,q District Classification from A-12 Apartment D~strict to R-5D Residenbal Duplex District. ADDRESS: 5019 Bonney Road Map D-7 Mop 'Not to Ra, & Marilyn Ca '~72 Zonzng Change: from A-12 to R-5D GPIN: 14679077510000 Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE / # 2 Page 1 ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 2 - KEMPSVILLE 22,529 square feet Ashby Moss To revert the zoning on the subject property back to the previous zoning ~n order to construct a single-family dwelling. Major Issues: Re-establishing a consistent zomng and land use pattern fronting Bonney Road ~n the ~mmediate area. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property ~s currently vacant and zoned A-12 Apartment District Surroundinq Land Use and Zoning North: South: East: West: · Across Bonney Road, single-family dwellings / R- 5D Residential Duplex District · Townhouses / A-12 Apartment D~stnct · Single-family dwellings / R-5D Residenbal Duplex District · Single-famdy dwellings / R-5D Residenbal Duplex D~strict Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE / # 2 Page 2 Zoninq and Land Use Statistics With Existing Approximately s~x mulb-family un~ts are permitted under Zoning: the ex~sting A-12 zoning With Proposed Zoning: One s~ngle-family dwelling or one duplex dwelhng would be permitted under the proposed R-5D zoning. Although there is enough lot area to subd~wde the lot ~nto four single-family lots or two duplex lots, there is ~nsufficient lot width to resubd~vide without a Subd~wsion Variance. Zonin,q History The subject parcel was part of a 1984 rezoning of the townhouse property to the south, which changed the zoning from R-8 Res~denbal (now called R-5D Residential Duplex) to A-1 Apartments (now called A-12 Apartment). The townhouse property west of W~ndbrooke Lane was rezoned from R-8 Res~denbal to A-1 Apartment in 1983. Air Installation Compatible Use Zone (AICUZ) The site ~s in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer There is a s~x-inch water main and an eight-~nch grawty sewer in Bonney Road. Th~s s~te must connect to C~ty water and sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Bonney Road in the v~c~nity of this application is a two-lane minor urban arterial Th~s secbon of Bonney Road ~s not designated on the MTP, and there are no projects listed in the current adopted CIP for th~s secbon of Bonney Road. Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE / # 2 Page 3 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Bonney Road 4,700 ADT ~ 7,300 ADT ~ Ex~sbng Land Use 2_ 40 ADT Proposed Land Use 3_ 19 ADT Average Dady Tr~ps 2 as defined by s~x mulb-famdy un~ts 3 as defined by two duplex un~ts Comprehensive Plan The Comprehensive Plan designates th~s area for res~denbal uses above 3.5 dwelhng units per acre Summary of Proposal Proposal · The applicant is planning to construct a single-famdy dwelhng, which ~s not a permitted use in the A-12 Apartment D~strict Site Desi,qn · The applicant submitted a site plan depicbng a s~ngle-famdy residence set back 60 feet from the front property line · A driveway ~s shown on the east side of the house extending to the rear of the property, where a detached garage ~s shown Note, although a plan has been submitted, th~s is not a conditional zoning request, and therefore, the property ~s not I~m~ted to th~s particular site design. Any use and design that meet the requirements of the Zoning Ordinance would be permitted. Evaluation of Request The applicant's request to change the zoning on this property from A-12 Apartment D~stnct to R-5D Res~denbal Duplex D~str~ct ~s acceptable. The zoning on th~s property was changed ~n 1984 when the townhouse development to the south received zoning approval. Th~s parcel was apparently originally ~ntended to serve as a vehicular access Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE / # 2 Page 4 for the townhouses. Since it ~s not needed for the townhouse development, a more appropriate opbon is to change the zoning back to R-5D Res~denbal Duplex D~stnct to match the zoning on e~ther side of the property and across Bonney Road. Th~s change will create a consistent zoning pattern for the lots fronbng Bonney Road ~n the immediate vicinity Therefore, th~s applicabon is recommended for approval. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE I # 2 Page 5 PROPOSED PARKING PAD PROPOSED ~A~EL PARCEL A 9~ 274~ P 831 PROPOSED FF-,'I 4. 70 CUT 2?0 OF NEW SWALE (SIRE t'~ PROPOSED 2 STY FR FF.~17 50 ~FL (SEE S~C~nO~ N CLAREN{ OR ROUTE AROUND p INSTALL SiLT (OENOTF..,S UMITS ~$TRUCTION) MINIMUM 18'x1~ CON(~. PARKING N 66%3'17" E 7~ 0 fl~14 o~ 11 7 ~ PROP ' SCO INSTALL CONC APRON --~ PROP. 5/8' .V~ (7' ~1~, ~ P~) ~ ~ L~'"XT~ND EX t5' RCP 20' ........... '... .. / ........... :. _ .-.:.:,; ..~~ Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE / Page 6 Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE / # 2 Page 7 DISCLOSURE STATEMENT I II I fl I I I ........ 111 I!1H I1~ ...... UJ ...... Ii J ....... IIII ir ' ' IIIIIII IIIII1~11111 II '1'" II I'~111 Ill~ Il II ' ;I ' ' ' I APPLICANT DISCLOSURE if the apphcant ts a CORPORATION, hst all officers of the Corporation below' (attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below' (Attach list ~f necessary) Check apphcant a corporation, partnership, firm, or other here if the is NOT umncorporated organizabon If the applicant is not the current owner of the property, complete the Property Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporabon below' (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below' (Attach hst if necessary) }' Check here ~f the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. II r . ............... Jllll IIIII I II II a~.~ord,n~e ,nst~ct,ons ,n th,s package II / Property Owner's Signature (if different than applicant) : ' ..... i "i'11'1'1 (1:: "' . ....... : : ............ III I II CERTIFICATION: I certify that the ~nformatlon contained herein ~s true and accurate. I understand that. upon receipt of notificahon (postcard) that the apphcation has been scheduled for pubhc heanng, ! am responsible for obta~mng and posting the required s~gn on the subject property at least 30 days pnor to the scheduled pubhc heanng III I I , IIIIII I I : IIII :1!: I .......... J.U..II[U __ { I IJJ _ . PrInt'Name PrInt Name Rezonmg Application Page 10 of 10 Revised 711t2003 Planning Commission Agenda September 10, 2003 RAYMOND & MARILYN CAFFEE / # 2 Page 8 Maps F, G 13 Hop Not to ~cole F. Donald Reid AG-I AG-2 AG-2 AG-2 AG-I G~n 1483-38-6300 ZONING HISTORY 1. 8-10-87: Conditional Use Permit (S~ngle-fam~ly dwelling) - Approved 2. 3-25-83: Conditional Use Permit (Addibons to cemetery) - Approved 3. 11-28-88: Subdivision Variance -Approved 8-13-91: Condibonal Use Permit (Church)- Approved 1-13-98: Conditional Use Permit (Private School)- Approved 4 5-25-99: Rezoning (AG-1 & 2 Agricultural to Conditional R-15 Residenbal) Approved 6-27-00: Rezon~ng (AG-1 & 2 Agricultural to Conditional R-15 Res~denbal) Approved 4-24-01: Mod~flcabon of Proffers - Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: F. Donald Reid - Subdivision Variance, Change of Zoning District Classification and a Conditional Use Permit MEETING DATE: September 23, 2003 · Background: (a) An Ordinance upon Appl~cabon of F Donald Reid for a Condibonal Use Permit for an Open Space Promobon on property located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7- PRINCESS ANNE (b) An Ordinance upon Application of F. Donald Reid for a Chanqe of Zonin.q District Class~flcabon from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on property located at 3592 Indian R~ver Road (GPIN 1483386300). The Comprehensive Plan recommends use of th~s property for appropriate growth opportun~bes consistent w~th the economic wtal~ty policies of the City of Virginia Beach. DISTRICT 7 - PRINCESS ANNE (c) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subd~ws~on Ordinance, Subd~ws~on for F. Donald Re~d Property ~s located at 3592 Indian R~ver Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE The applicant ~s proposing a 45-1ot subdivision w~th open space and walking tra~ls in the Transibon Area Considerations: The exisbng s~te ~s heawly wooded with mature trees and vegetabon. Wetlands areas and Southern Watershed Management Areas ex~st on the western s~de of the s~te The h~ghest noise zone under the AICUZ des~gnabon encumbers the eastern s~de of the s~te A s~ngle-family dwelling occupies the s~te The s~te ~s zoned AG-1 and AG-2 Agricultural The applicant proposes to rezone the s~te from AG-1 and AG-2 Agricultural D~stncts to Cond~bonal R-20 Residenbal District and to obtain a Cond~bonal Use Permit for Open Space Promobon. The Open Space Promobon allows for a reducbon ~n lot s~zes prowded a m~n~mum of 15 percent open space ~s provided throughout the development W~th~n the R-20 Res~denbal Open Space Promobon, the m~n~mum lot s~ze is 12,000 square feet The proposed F. Don Re~d Page 2 of 3 development w~ll consist of 45 lots varying ~n s~ze from 12,000 square feet to 41,129 square feet w~th an average lot s~ze of 15,875 square feet. Four of the lots do not meet the required lot w~dths ~n the Cond~bonal R-20 Res~denbal D~stnct w~th an Open Space Promobon The lots are shown as flag lots on the submitted plan The applicant ~s seeking a Subdivision Variance for those lots. The s~te is located w~th~n the Trans~bon Area Res~denbal development should be a secondary component of the open space, and the overall development should strive to achieve a m~nimum of 50 percent open space using the exisbng natural resources. The applicant proposes 60 percent open space throughout the development, ~nclud~ng areas of the exisbng natural resources and the land area encumbered by the greater than 75dB Ldn AICUZ. Staff ubl~zed the Transibon Area Matrix to determine the permitted number of lots w~thin the proposed development. The proposed development ~s configured to protect and maintain the existing natural areas along the right-of-way and perimeter of the s~te. A m~n~mum 300- foot buffer of ex~sbng treed areas along Indian River Road ~s maintained as a scenic buffer, as recommended by the Trans~bon Area Design Guidehnes. The buffer area will insure that a wooded area ~s maintained along Indian R~ver Road and w~ll effectively camouflage the residenbal development from the roadway. Large open space areas of woods and wetlands are maintained on both the western and eastern s~des of the site E~ght foot w~de mulch tra~ls meander through the buffer areas. The applicant has submitted a conceptual s~te plan w~th proffers that effecbvely addresses the recommendations of the Transition Area Design Guidelines. Staff recommended approval There was no opposition to the request. · Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 to approve the requests as proffered and w~th the following condibons Cond~bons for Use Permit' . The proposed development shall substanbally adhere to the submitted Exhibit enbtled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C, which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file with the Virginia Beach Department of Planning Before any land d~sturbance occurs on the s~te, the applicant shall submit a detailed tree protecbon and restorabon plan to the Development Services Center of the Planning Department for rewew and approval The F Don Re~d Page 3 of 3 plan shall clearly dehneate vegetabon to be preserved and all restorabon areas Tree m~bgabon for the restorabon areas shall be 2:1. Residential lot tree canopy shall be double the total canopy cover specified ~n the C~ty of Virginia Beach's "Residenbal Tree Requirement Table" For the purpose of screening the development from the ex~sbng agricultural operabons to the northwest, supplemental planbngs of evergreen trees shall be required along the boundaries of lots 31 through 40 ~n the open space area adjacent to the parcel to the west, ~f needed. 5 R~ght and left turn lanes shall be prowded into the s~te. The design and location are subject to the approval of the Public Works Department 6. The e~ght foot mulched tra~ls proposed on the eastern porbon of the site shall be modified to provide connecbvity with the parcel to the east. 7. A note shall be placed on the plat for Lots 31 to 40 as follows: "Lots 31 to 40 may be subject to sounds, odors, and other affects commonly associated w~th agricultural operations." Conditions for Subdivision Variance: 1. The subd~ws~on shall substanbally adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P C., which has been exhibited to the V~rg~nia Beach City Council and is on file w~th the Virginia Beach Department of Planning · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department ~ City Manager~~._ ~"~~ F. DONALD REID /# 34, 35 & 36 August 13, 2003 General Information: APPLICATION F13-213-SVR-2003 NUMBER: F 13-213-C RZ-2002 F13-213-CUP-2002 REQUEST: 34) Subd~wsion Variance to Secbon 4 4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance 35) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District 36) Conditional Use Permit for an Open Space Promobon. ADDRESS: 3592 Indian R~ver Road F. Donald Reid AG-I Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 1 GPIN: ELECTION DISTRICT: SITE SIZE STAFF PLANNER: PURPOSE: 14833863000000 7 - PRINCESS ANNE 51.4 acres (47.35 developable acres) Faith Christie The applicant is proposing a 45-1ot subdivision with open space of walking trads and wetland areas in the Trans~bon Area. Major Issues: · Degree to which the application comphes with the Transition Area Design Guidelines, as adopted by the C~ty Council on January 25, 2003. · Consistency w~th the recommendabons of the Comprehensive Plan for the Trans~bon Area Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The ex~sbng s~te ~s heawly wooded with mature trees and vegetabon. Wetlands areas and Southern Watershed Management Areas ex~st on the western side of the s~te The h~ghest noise zone under the AICUZ designation encumbers the eastern s~de of the site. A s~ngle-famdy dwelling occupies the s~te. The s~te ~s zoned AG-1 and AG-2 Agricultural Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 2 Surroundinq Land Use and Zoning North: South: East: West: · S~ngle-famdy dwellings / A church and private school/AG-1 and AG-2 Agricultural Districts · Indian River Road · Across Indian R~ver Road are Single-famdy dwellings / AG-1 and AG-2 Agricultural Districts · Vacant, undeveloped land / AG-1 and AG-2 Agricultural D~stncts · Single-family dwelhng / AG-1 and AG-2 Agricultural Districts Zoninq and Land Use Statistics With Existing Zoning: Three s~ngle-family lots or any of the uses permitted in the Agricultural District such as agricultural and horticultural uses, borrow p~ts, churches, golf courses, horse stables, kennels, pubhc ubl~ty installabons, public buildings and grounds, recreational and amusement facilibes of an outdoor nature, and schools With Proposed Zoning: Forty-five (45) s~ngle-fam~ly res~denbal dwellings and dedicated open spaces. Zoninq History There is no zoning h~story to report for th~s s~te. The s~te has been zoned agricultural s~nce the creabon of the City of V~rginia Beach. Air Installation Compatible Use Zone (AICUZ) The majority of the s~te is ~n an AICUZ of 70 to 75dB Ldn A portion of the site is ~n a greater than 75 dB Ldn surrounding Fentress A~rfleld and NAS Oceana. The Umted States Navy comments that "residential land use ~s not compatible" w~thin the greater than 75 dB Ldn AICUZ zone. The Un~ted States Navy "would wew residenbal development of th~s site as an encroachment upon operations at Naval A~r Stabon Oceana". Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 3 Environmental Concerns The s~te ~s comprised of heavily wooded areas, C~ty-deflned wetlands, Southern Watershed Management Areas and ~solated pockets of wetlands under the jurisdiction of the Corps of Engineers (but are not C~ty-deflned) The Department of Agriculture examined the s~te for so~l types and wetland areas ~n conjuncbon with their review of the proposal They concurred with the Planning Department's analys~s that for the purpose of calculabng density (Secbon 200 of the C~ty Zoning Ordinance), 47.35 acres of the s~te quahfy. Public Facilities and Services Water and Sewer There is no City water or sewer available to the site Water analys~s, construction plans and bonds are required for the water system Sewer analysis, pump station calculations, construction plans and bonds are required for the sewer system. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Indian River Road in front of this s~te ~s currently an undivided two lane rural highway It is depicted on the Master Transportation Plan as a 120-foot d~wded right- of-way with a multi-use trail and controlled access. R~ght-of-way reservabon or dedication for Indian R~ver Road wdl be addressed during detailed construction and subdiws~on plan review. Left and r~ght turn lane ~mprovements w~ll be required w~th the development of the site Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use 2_ 50 Indian R~ver Road 5,000 ADT ~ 7,400 ADT 1 Proposed Land Use 3_ 513 Average Dady Tr~ps 2 Based upon the current AG-1 & 2 Zoning classification 3 Based upon the proposed Rezon~ng to R-20 (OP) and the subdivision of the s~te ~nto 45 res~denbal lots Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 4 Schools School Current Capacity Generation ~ Change 2 Enrollment North Landing 611 690 15 14 Elementary Landstown Middle 1,617 2,143 8 7 Landstown High 1,910 1,931 10 10 I "generabon" represents the number of students that the development wdl add to the school 2 "change" represents the d~fference between generated students under the ex,sbng zoning and under the proposed zomng The number can be pos~bve (add~bonal students) or negabve (fewer students) Public Safety Police: The applicant is encouraged to contact and work w~th the Crime Prevention Office w~thin the Police Department for crime prevention techniques and Crime Prevenbon Through Environmental Design (CPTED) concepts and strategies as they pertain to th~s site. Fire and Rescue: Fire hydrants must be located w~thin 500 feet of res~denbal structures. Structures must be located within 200 feet of the road surface for fire department access. Comprehensive Plan The Comprehensive Land Use Map ~dentifies the s~te as being w~thin the Transition Area The Comprehensive Plan states "th~s area of the C~ty serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south" The Comprehensive Plan notes that residenbal growth w~th~n the Transibon Area should be considered a special type of growth w~th ~ts own development standards suitable to the atmosphere and character of the area. Two of the primary criteria specified by the Plan for development in the Transibon Area are Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 5 1 Demonstrabon to the C~ty Council that the project establishes the residential component as secondary to the open space component; 2. Demonstrabon to the C~ty Council that the character of the project ~s ~n keeping w~th the character of the Trans~bon area The proposal must also demonstrate adherence to the recently adopted Transition Area Design Guidelines. This development's degree of adherence to the Guidelines is d~scussed below ~n the Proffers section Summary of Proposal Proposal · The applicant proposes to rezone the site from AG-1 and AG-2 Agricultural Districts to Cond~bonal R-20 Residential D~strict and to obtain a Cond~bonal Use Permit for Open Space Promobon The Open Space Promobon allows for a reducbon ~n lot sizes prowded a m~n~mum of 15percent open space is prowded throughout the development W~thin the R-20 Res~denbal Open Space Promobon, the m~nimum lot s~ze ~s 12,000 square feet. The proposed development w~ll consist 45 lots varying in s~ze from 12,000 square feet to 41,129 square feet with an average lot size of 15,875 square feet The s~te ~s located w~th~n the Transition Area. Residential development should be a secondary component of the open space and strive to achieve a m~n~mum of 50 percent open space using the ex~sbng natural resources. The applicant proposes 60 percent open space throughout the development, ~ncluding areas of the ex~sbng natural resources and the land area encumbered by the greater than 75dB Ldn AICUZ Staff ubl~zed the Trans~bon Area Matrix to determine the permitted number of lots w~th~n the proposed development A copy of the matrix can be found at the conclusion of th~s report. Site Desiqn · The proposed development is configured to protect and maintain the ex~sbng natural areas along the right-of-way and perimeter of the s~te. A minimum 300-foot buffer of ex~sting treed areas along Indian River Road is maintained as a scenic buffer, as recommended by the Transibon Area Design Guidelines. The buffer area w~ll ~nsure that a wooded area is maintained along Indian R~ver Road and effectively camouflage the res~denbal development from wew Large open space areas of woods and wetlands are maintained on both the western and eastern s~des of the s~te. E~ght foot w~de mulch tra~ls meander through the buffer areas Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 6 A s~ngle entrance from Indian R~ver Road curves through approximately 600 feet of buffer area into the development. Pedestrian crosswalks and a s~dewalk are also proposed along the ma~n roadway. Conceptua] Site Layout Plan Of North Landing Estates Vlrl~inla Beach, VA ~' ~ · G~A~ON ~ R~IN ~ R/W R,~IERYATION The proposed lots are arranged ~n groupings along the main entrance road and through four cul-de-sacs All of the proposed lots are s~ted so the rear and some of the side yards are adjacent to open space areas. All of the lots have been located outside of the "C~ty-deflned" wetlands and Southern Watershed Management Area buffers Stormwater management ponds are integrated into the s~te One of the ponds, located adJacent to the primary roadway, prowdes a wsual amenity for the development Planning Commission Agenda August 13, 2003 F. DONALD REID / Ct 34, 35 & 36 Page 7 Vehicular and Pedestrian Access Vehicular access is limited to a s~ngle entrance from Indian River Road The entrance road curves through approximately 600 feet of wooded open space. The design of the entrance provides a scenic wew into the development. · E~ght foot wide mulched trails are proposed through the open space along the eastern side of the site and along the front of the site. · A sidewalk and pedestrian crosswalks are proposed along the ma~n entrance road. Stub streets are proposed for connectivity to adjacent parcels. Architectural Design · The applicant did not proffer architectural elevations for the proposed dwellings within the development. Proffer 6 I~m~ts exterior finishes to brick, stone, hard~-plank siding or drywt. No vinyl s~ding wdl be permitted. Living area w~th~n the dwellings wdl be a minimum of 2,400 square feet for ranch style structures and 2,600 square feet for two-story structures. All homes are required to have a two-car garage and exposed aggregate or stamped concrete driveways. Considenng the minimum square footage of the dwellings, the required exterior building materials, and the sales prices of homes situated to the north on Indian R~ver Road, staff concludes that the homes w~ll have a value of $400,000 or more, consistent w~th the recommendabons of the Comprehensive Plan for the Transition Area. While not proffered, the applicant has submitted elevabon drawings of homes that a builder has proposed for this development as well as a letter from that builder noting that the lots within the development w~ll sell between $110,000 to $135,000 and the sales prices w~ll start in the Iow $400,000 range. Landscape and Open Space · Wetlands areas are located on the eastern port~on of the s~te. The western portion is heawly wooded and impacted by the highest AICUZ. The applicant has designed the s~te to take advantage of the natural resources and AICUZ ~mpacted areas that currently ex~st Both of these areas w~ll be left as natural open spaces, w~th recreational tra~ls meandenng throughout. A varying natural buffer of a m~n~mum of 300 feet w~de w~ll be maintained along Indian R~ver Road, ~n keeping with the recommendabons of the Trans~bon Area Design Guidelines. Proffer 7 w~ll insure that ex~sting natural areas depicted on the proffered site plan are protected If clearing does occur w~th~n those areas, the applicant w~ll be responsible for restonng the s~te subject to the approval of the Planning Director. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 8 Whde the submitted s~te plan does not depict on-site landscaping, the applicant will have to prowde tree canopy cover as specified in the C~ty of V~rg~nia Beach's "Res~denbal Tree Requirement Table" on each residential lot. Subdivision Variance Four of the lots do not meet the required lot w~dths in the Cond~bonal R-20 Residenbal District w~th an Open Space Promobon. The lots are shown as flag lots on the submitted plan. Item Reouired Lot16 Lot 17 Lot 31 Lot 40 · Lot Width ~n feet 100 42* 36* 40* 40* Lot Area ~n square feet 12,000 19,247 18,318 22,715 41,129 *Variance required Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 When development takes place upon that porbon of the Property which ~s to be developed, ~t shall be as a s~ngle famdy res~denbal community of no more than forty-five (45) building lots substantially ~n conformance with the Exhibit enbtled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the V~rginia Beach C~ty Council and ~s on file w~th the Virginia Beach Department of Planning ("Concept Plan"). The proffer is acceptable. It insures that the proposed development w/Il be in accordance w/th the submitted conceptual site layout p/an. When the Property is developed, the pedestrian trail system and open space ~mprovements shall be constructed substanbally as depicted on the Concept Plan Approximately 33.3 acres of landscaped parklands w~th pond features and an extensive tra~l system as depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association A public use easement Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 9 shall be dedicated on those portions of the trail system located w~thin the 300' Transibon Area Buffer adjacent to Indian R~ver Road Staff Evaluation: The proffer is acceptable. It insures that the goal of 50 percent or more open space w/thin a residential development in the Transition Area is achieved. The applicant has designed the development to provide a mimmum of a 300-foot buffer along Indian River Road. This natural buffer should effectively screen the homes and prowde a natural scenic wew along the right-of-way. The proposed trail system/s to be dedicated for public use thus accomplishing the goal of providing an amemty that is visually and operationally available to those who do not hve within the development. Add/bonally the trail system can easily be integrated into the proposed trail system for Indian River Road. The landscaped park/ands and pond features provide addibonal open space and visual amenities within the development. PROFFER # 3 The community entrances and the proposed street section of the roads within the community shall be constructed and installed substantially ~n conformance with the detailed plans on the Concept Plan No on-street parking shall be permitted on one side of every road within the community. Staff Evaluation: The proffer is acceptable concerning the proposed entrance and street sections as they meet the minimum requirements established by the Public Works Department. Regarding the no on-street parking on one s/de of the road, the proffer/s negligible/n terms of effect. The applicant would have to request that the Traffic Engineering Division of Public Works post the roadway in order for the Poi/ce Department to enforce the no parking requirement PROFFER #4 When the property is developed a left turn lane shall be constructed at the entrance to the community from Indian R~ver Road. A public right of way shall be dedicated to the adjoining property to the east and the adjoining property to Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 10 the north as depicted on the Concept Plan. Staff Evaluation: The proffer/s acceptable. The Traffic Engineering D/v/s/on of Public Works determined that left and right turn lanes w/Il be required during the detailed subdivision and construction plan review process. Staff requested connectivity w/th the adjoining parcels be depicted on the conceptual site p/ans. Proffenng the turn lane and right-of- way connections w/thin the development will reduce any confusion between the applicant and the staff during the detailed site plan review process. PROFFER # 5 When the property ~s subdivided ~t shall be subject to a recorded Declaration of Protecbve Covenants, Condibons, and Restrictions ("Deed Restrictions") administered by the Property Owners Association which shall be responsible for maintaining all open space areas, including the community owned parklands, pedestrian tra~l, and the entrance features. Staff Evaluation: The proffer is acceptable. It meets the requirement in the of the City Zoning Ordinance open space promotion section concerning improved open space areas to be maintained by the Homeowner's Association. PROFFER # 6 All residential dwellings constructed on the Property shall have ws~ble exterior surfaces, excluding roof, trim, w~ndows, and doors, which is no less than eighty percent (80%) brick, stone, stucco or s~mdar quahty materials Any one-story dwelling shall contain no less than 2400 square feet of enclosed I~v~ng area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed liwng area excluding garage area. The front yards of all homes shall be sodded. The Deed Restncbons shall require each dwelling to have, at a m~n~mum, a two (2) car garage and a driveway (~nclud~ng apron) w~th a m~n~mum of four hundred n~nety (490) square feet of hardened surface area Staff Evaluation: The proffer/s acceptable The size of the proposed homes and the proposed quality building materials will contnbute to the high quality appearance of the subdivision. The Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 11 required two (2)-car garages and driveway for each dwelling will help alleviate on-street parking within the proposed development. PROFFER # 7 When the Property ~s developed, every reasonable effort w~ll be made to preserve the ex~sbng mature trees on the site and a tree preservabon and restorabon plan shall be submitted to the Grantee for review along with the Prehm~nary Subdiws~on Plan. Staff Evaluation: The proffer/s acceptable. It insures that the areas depicted for open space will be protected and preserved If there are areas that must be dlsturbed dunng the construcbon process the proffer insures that those areas will be restored. Staff w/ll not permit any land clearing activibes to occur until the preservation and restoration plan has been reviewed and approved. PROFFER # 8 The Grantor recognizes that the subject s~te is located w~thin the Transition Area idenbfled in the Comprehensive Plan of the City of V~rginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place ~n th~s area should support the primary purpose of advancing open space and recreabonal uses In addition to comm~tbng sixty-four percent (64%) of the Property to open space preservabon, wa the dedicabon of approximately thirty-three and three-tenths (33 3 +/-) acres of Property to the Property Owners Assoc~abon as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be uhlized by the Grantee to acquire land for open space promobon pursuant to Grantee's Outdoors Plan. If funds proffered by the Grantor in this paragraph are not used by the Grantee anybme w~th~n the next twenty 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 public purpose. Grantor agrees to make payment for each residential lot shown on any subd~ws~on plat prior to recordabon of that plat. Staff Evaluation: The proffer/s acceptable It provides funds for purchase of open space (or for any other public purpose after 20 years) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 12 PROFFER # 9 Staff Evaluation: w/thin the City. The proffered $750.00 per lot equates to $33,750 O0 Further condibons may be required by the Grantee dunng detailed Site Plan and / or Subdivision rewew and adm~n~strabon of applicable C~ty codes by all cognizant C~ty agencies and departments to meet all apphcable C~ty code requirements. Any references hereinabove to the R- 20 Zoning District and to the requirements and regulabons applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the C~ty of Virginia Beach, V~rg~nia, ~n force as of the date of approval of this Agreement by the C~ty Council, which are by th~s reference incorporated here~n. The proffer is acceptable. City Attorney's Office: The C~ty Attorney's Office has rewewed the proffer agreement dated June 26, 2003, and found ~t to be legally sufficient and ~n acceptable legal form. Evaluation of Request The request to rezone the site from AG-1 and AG-2 Agricultural D~stricts to Condibonal R-20 Res~denbal D~strict, and obtain a Conditional Use Permit for Open Space Promobon ~s acceptable as proffered and subject to the conditions I~sted below. The applicant has submitted a conceptual s~te plan and proffer agreement that effecbvely addresses the recommendabons of the Trans~bon Area Design Guidelines. A copy of the Trans~bon Area Matrix can be found at the end of this report. Conditional Chanqe of Zoning and Conditional Use Permit The Transition Area Design Guidelines suggest that developments should strive for a minimum of 50 percent open space by designing w~th nature, making a special effort to preserve and showcase s~gn~ficant environmental resources. The applicant ~s proposing 60 percent open space ~n the form of wetlands areas, heawly wooded areas encumbered by the h~ghest no~se zone designabon surrounding Fentress A~rfleld and NAS Oceana, and a varying w~dth buffer of a m~n~mum 300-foot along Indian R~ver Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 13 Road, which preserves the ex~sbng scenic view Mulched walking trads meander through the buffer along Indian R~ver Road and the eastern s~de of the s~te The Guidelines suggest that the development should contain lots of varying s~zes. The proposed Conditional R-20 Residential D~stnct w~th an Open Space Promobon allows the lots to be reduced ~n s~ze to 12,000 square feet in order to preserve open space. The applicant proposes lots varying in s~ze from 12,000 square feet to 41,129 square feet w~th an average lot size of 15,875 square feet. The lots are clustered in cul-de-sacs and in small groups along the ma~n roadway w~th all rear yards and some s~de yard facing open space areas. The Guidelines suggest that the development should be fiscally neutral. The apphcant provided documentabon that the m~n~mum starting price for a home w~th~n the proposed development will be ~n the Iow $400,000 dollar range. The proposed dwellings will be constructed of h~gh quality building materials, m~n~mum square footage requirements, and double car driveways and garages. Additionally, the applicant ~s proffenng cash proffers of $750.00 per lot, which equates to $33,750.00, for purchase of open space (or for any other public purpose after 20 years) w~th~n the C~ty of Virginia Beach. Subdivision Variance Four of the lots in the development do not meet minimum lot width and thus a variance to the requirements of the Subdivision Variance ~s required Staff evaluation of a Subdiws~on Variance is based on several factors, including the degree of compliance w~th C~ty ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted land use and development practices and theory. Personal hardship does not enter into the Staff's evaluation. Above all, Staff's evaluation ~s based on Section 9 3 of the Subd~wsion Ordinance, which addresses variances to the ordinance Secbon 9.3 of the Subdiws~on Ordinance states. Section 9 3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict applicabon of the ordinance would produce undue hardship The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C The problem involved ~s not of so general or recurnng a nature as to make reasonably pracbcable the formulabon of general regulabons to be Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 14 adopted as an amendment to the ordinance D, The hardship ~s created by the physical character of the property, including d~mensions and topography, or by other extraordinary s~tuation or cond~bon of such property, or by the use or development of property ~mmediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the ~ssuance of a variance. E. The hardship ~s created by the requirements of the zoning district ~n which the property ~s located at the bme the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance ~ncorporated by reference ~n this ordinance. Staff recommends approval of the requests for a conditional change of zoning from AG- 1 and AG-2 Agricultural Districts to Condibonal R-20 Residential D~stnct as proffered, a Cond~bonal Use Permit for an Open Space Promobon subject to the conditions hsted below, and a Subdivision Variance subject to the cond~bons below. Conditions for Use Permit The proposed development shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P C, which has been exhibited to the Virginia Beach C~ty Council and ~s on file w~th the V~rg~n~a Beach Department of Planning. . Before any land disturbance occurs on the s~te, the apphcant shall submit a detailed tree protecbon and restorabon plan to the Development Serwces Center of the Planning Department for rewew and approval The plan shall clearly delineate vegetation to be preserved and all restoration areas. Tree mit~gabon for the restoration areas shall be 2 1 3 Residential lot tree canopy shall be double the total canopy cover specified ~n the City of V~rg~n~a Beach's "Residential Tree Requirement Table" . For the purpose of screening the development from the ex~sbng agricultural operabons to the northwest, supplemental plantings of evergreen trees shall be required along the boundaries of lots 31 through 40 ~n the open space area Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 15 adjacent to the parcel to the west, ~f needed. 5. R~ght and left turn lanes shall be prowded into the s~te. The design and location are subject to the approval of the Public Works Department. 6. The e~ght foot mulched trails proposed on the eastern port~on of the s~te shall be modified to provide connecbwty w~th the parcel to the east. Conditions for Subdivision Variance o The subdivision shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the V~rg~nia Beach City Council and is on file with the V~rg~nia Beach Department of Planning. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with these rezoning and conditional use permit applications may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approvaL See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 16 Trans~bon Area Matrix NORTH LANDING ESTATES- DATED 5/6/03 Allowable maximum res~denbal density for any rezon~ng ~n the Trans~bon Area under the pohc~es of the Comprehensive Plan ~s I unit per acre The maximum density can be achieved through adherence to the Evaluabve Criteria prowded below and further explained ~n the Design Gu~dehnes for the Trans~bon Area Each secbon of the Evaluabve Criteria below bee to the Design Gu~dehnes through the graphic ~con at the top of the section For further guidance on the respective section of the Matrix, turn to the page of the Gu~dehnes that has the corresponding graphic ~con Staff wdl 'score' the proposed development for ~ts consistency w~th the Evaluabve Criteria below The scores are then totaled and the total ~s 'plugged' ~nto the formula below to determine the recommended maximum density for the development Evaluative Criteria Total Comments Natural Resources Degrees to whIch the project preserves and integrates into the 2 0 overall project the natural resource amenities on the site Amenity Nature and degree of the 3.5 amenity Design Degree to which the project 4 5 ~ncorporates good design into the project L~ne A -- Line B -- Line C -- Line D -- L~ne E -- (A) (B) (C) (D) (E) TOTAL: I 0.91 TOTAL I 11 possible points Line (B)* 0.5 = I 0.46 I Line (C) + 0.5 du/acre = I Line D * total I developable acres (47.35) = I 0.96 du/acre I 45 units total number of points from the worksheets on the following pages total d~wded by the total number of possible points, which ~s 11 total from Line B mult~phed by 0 5, which ~s the amount between the basehne density of 0 5 dwelhng un,ts per acre and the possible I dwelling unit per acre (du/ac) total from L~ne C added to 0 5 du/ac (the basehne density) to obtain the maximum density for the s~te total from L~ne D mulbphed by the number of developable acres on the s~te, thus providing the maximum number of un,ts for the s~te Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 17 (1) Natural Resources Extstmg forests, wetlands, meadows, culbvated fields, and related features Tot al a) Are natural resources protected? Comments: · Yes, the proposed lots have been located YES (0 to 1 1 outside of the C~ty defined wetlands and the point) Southern Watershed Management buffer NO (0 points) b) Are natural resources integrated into project? Comments: YES (0 to 1 · Yes, wooded areas w/th recreabonal trails, a 1 m/n/mum of 300 feet/n w/dth are retained point) along the right-of-way A public use easement shall be dedicated over the tra/l system as part of the proffered Rezon/ng agreement · The wetlands area to the east and the h/gh no~se area to the west, w~th recreational tra/ls, are left as open space NO (0 points) TOTAL (NATURAL RESOURCES) 2 Insert ~n appropriate box on page 1 Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 18 (2) Amenity A feature that ~ncreases the attracbveness or value of the s~te consistent w~th the goals and objecbves of the Comprehensive Plan for the Translbon Area Total a) Is the amenity, ~f present, visually or operabonally available to those who do not own property in the development? YES (0 to 1 Comments: point) 1 · Yes, ~n the form of a m/n/mum 300-foot buffer along the nght-of-way that has recreation trails w/thin/t The w/de buffer/s visually and operabonally available to those who do not own property/n the subdivision through the dedication of a public use easement · Large wooded port~on of the s~te are also provided as amen/t/es NO (0 points) b) Does the amenity consist of recreabonal components? Comments YES (0 to 1 · Yes/n the form of trails and open space point) .75 areas However the trail system proposed on the eastern s/de of the site needs to provide connectivity w/th the adjacent parcel NO (0 points) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 19 c) Are improvements made that prowde wsual or physical access to the natural resources on the site OR are ~mprovements made to create a new amenity to the property? YES (0 to 1 1 point) Comments: · Yes, the tra~ls provide access to the open space areas, and the proposed storm water management fac~bt~es · Storm water management facilities are integrated ~nto the s~te as amemt~es NO (0 points) d) Is there connectiwty hnk~ng any open space and/or amen~bes between th~s development and adjacent ex~sbng or future developments? YES (0 to I 75 Comments: point) · The proposed trads are not hnked w~th the surrounding parcels · The trails proposed along the right-of-way can be easily integrated into the trail system proposed for/nd/an River Road · Future right-of-way connections to adjacent parcels are depicted NO (0 points) I TOTAL (AMENITY) 3 5 Insert ~n appropriate box on page I Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 20 (3) Design ~re~t~on or execubon ~n an arbsbc or h~ghly skdled manner consistent w~th the goals and objecbves of the Comprehensive Plan for the Trans~bon Area Total a) Are natural or manmade water features ~ncorporated into the development in a way that they serve as amen~bes? YES (0 to 1 .75 I Comments: point) · Yes, C~ty defined wetlands areas and Southern Watershed Management buffer areas are preserved and depicted as open space · Storm water management ponds are /ntegrated /nto the project and serve as NO (0 points) wsual amen/t/es b) Is there an attempt to ~ntegrate units with amenibes w~th~n the development? Comments: 1 YES (0 to 1 .75 · Yes, there ~s an attempt to ~ntegrate the un,ts point) w~th the amemt~es w~th~n the development through the trail system NO (0 points) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 21 c) Does the development retain or create v~ews or scenic wstas that can be seen from the road? YES (0 to 1 1 point) Comments' · Yes, a m/n/mum of a 300- foot buffer of ex/sting woodlands w/Il be retained along the right-of-way ma/nra/rang the ex/sting natural view · The entrance curves into the site so that no structures are visible from the right-of-way thereby ma/nra/rang the natural view from the right-of-way NO (0 points) d) Is a m~xture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? YES (0 to 1 1 Comments. point) · Yes, there/s a mixture of lot sizes The proposed lots are clustered and s/ted so that all rear yards and some s/de yards abut open space areas I · The development exceeds the 50% open , space goal ! NO (0 points) I Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 22 e) Does the development use roadway and "hard infrastructure" that is appropriate for ~ts design? Is ~t consistent w~th the v~s~on and recommendabons of th~s area as expressed ~n YES (0 to 1 1 the Comprehensive Plan? point) Comments: · The proposed roadway sect/on/s appropriate for/ts design NO (0 points) TOTAL (DESIGN) 4.5 Insert ~n appropriate box on page 1 Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 23 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 24 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 25 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 26 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH VIRGINIA 23460~2t68 ~J~L~ REFER TO 5 72 ~ ~,,~<l~? Set 32/0260 July l, 2003 MS. Faith Christie Planning Department City of Vzrglnla Beach Buzlding 2, Room !00 2405 Courthouse Drive Vzrginia Beach, VA 23456 Dear Ms. Christie: Item 1 on the Planning Co[mmisslon Agenda for July 9, 2003, ~s a rezoninq request and proposed residential development by F. Donald Reid. The sate is located in the 70-75 declbel (dB) day-nlghL average (Ldn) noise zone and part~ally in the greater than '?5 db Ldn. The Navy's Air Installations Compatible Use Zones Program states that residential land use ~s not compatible in this zope. The Navy acknowledges the landowners' desire to develop their property, but I urge you to deny their request. We would v~ew residential development at this site as encroachment upon operations at Naval Air Station Oceana. ~f you have any questicns, please contact mv Co~Jn~ty Planning Liaison Officer, Mr. Ray Flrenze at (757) 433-3158. Copy to: COMNAVREG MiDLANT Mayor Meyera Oberncorf SIncerely ano very respectfully, Virginia Beach City Council Virgznza Beack Ptann]nq Commission Mr. Robert Scott, V~rg~n~a Beach Piannlng [Director Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 27 Application No: ..... , .............................................. Property Deacnl~'en (13-dsit_ Tax Map Number, Street Acl(~ress or Common Desc6ption, Borough): . 14t13-3~-6300 ........... _ ..... ... . .;:::: :- . ~._,~,,~__ __ 3592 ~ R.%ver Roacl; North s.f.~ of ~ River Rcs~, ........ sd~t4~ o~: ~i~ ~. ................. - ..................................................... '- ....... Nature of Use Pen'nit Sought:,. .~__c~.x~_ __e,?c,~. pm~T~_nn ..... .., ....................... :;...:: . ~/we _.~ A..~...rar .......... . .. [~ me applicant for the al3ove referenced application ~ the owner of the property described above l/we cio hereby make. cansa~m, and appoint ~.. ~ ~, ,3~,., ~.. of Sy~s, ~~, ~ ~ ~, ~.~. . .. my~e and appl~on fer ~e ~e pe~it appli~en des~e~ ~ve. and m pe~ mi a~ and mak~ alt mpmsenm~ns as such pamon s~all U~m ne~~ or appmp~ate i~ mga~ m ~d appli~on, wim~t any lim,~on ~amoa~er, in~uaing but not limit~ ~ ~e fellowin9 author: ~ offer ~i~ns m whi~ ~ pm~ ~a ~ ~e pmpe~ woula be subjec~ aha m mo~ ar amend any d~~nm in w~ele ~ ~n pa~ m~ng ~ t~ apph~en. The dgn~s, powers, anci au~hori%, of sa[cl attomey-in-fac~ herein granted snail commence and be in full force ancl effec~ on the 15-,_h day e~' _ shall remain in lull fc:rce and effecl: thereafter until actual no~ce, bY ~fiea mail,' tatum recelp[ requested is received I~y the Planning Department ~ me City ef CllesaDealJ~e smt~'ng that the terms of this power have been revel(ed or State of ~ o,~ ,g, ,'~ / / .'.....::.." ',', / Subs~becl and sworn to befc~re ma mi~ /,.5''~'~ day of must be attached wlmch establishes that me peman signing on behalf of the enm~ has ff~e auzhority to act on behaff of and to bincl that enrac. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 28 Z Applicant's Name: F. Donald Reid List All Current Property Owners ...... Ear~ A. Potte~ PROPERTY OWNER DISCLOSURE if the property owner is a CORPORATION, list all officers of the Corporation below (Attach list ~f necessary) N/A If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list ali members or partners in the organization below (Attach list if necessary) [] Check here if the property owner ~s NOT a corporabon, partnership, firm, or other · unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner ~s a CORPORATION, list ali officers of the Corporation below' (Attach hst if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach hst if necessary) _~_/n ~] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signature Print Name i,,,11 ,Hlq ti :: ::'; : ii i ii i fl_ i ,,, i i ,i i ..i.1.[..1.11~1111 ~111 i . i , i .... i i . .. i..i.1...i ..... i Conditional Use Permit Application Page 8 of 12 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 29 Z DISCLOSURE STATEMENT Z Applicant's Name* List All Current Property Owners PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporabon below' (Attach hst if necessary) N/A If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners m the orgamzabon below' (Attach list If necessary) .... ~_/_~ ................... [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated orgamzation If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, hst all officers of the Corporation below (Attach list if necessary) .... .N_/A If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization betow (Attach tlst if necessary) N/A Check here ~f the property owner ~s NOT a corporation, partnership, firm, or other unincorporated orgamzabon CERTIFICATION. I certify that the information contained herein is true and accurate. Signature Print Name Conditional Rezoning Applicahon Page 10 of 14 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 30 DISCLOSURE STATEMENT~' Applicant's Name, F, Donald Reid List All Current Property Owners Haryy A, Potter PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list ali officers of the Corporahon below' (Attach list if necessary) .... ~_/A .... If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach list if necessary) [k-] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner ~s a CORPORATION, list all officers of the Corporation below. (Attach hst d necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the orgamzation below. (Attach list If necessary) ~'~/^ E'i Check here ~f the property owner is NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION. i certify that the information contained herein is true and accurate. Signature Print Name .. _.. ;; _ ; ; ;i i i .............. ? .... !!11......Ji ii i illlll . .[ .... ii ............. Subdivision Variance Apphcabon Page 9 of 13 Modified ~ 0 1(~ 2002 Z Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 31 Item #34, 35 & 36 F Donald Reid Appeal to Demslons of Admlmstrat~ve Officers in regard to certain elements of the Subdivision Ordinance Change of Zoning District Classification Conditional Use Permit 3592 Indian River Road District 7 Pnncess Anne August 13, 2003 REGULAR Robert Miller: The next items are Items #34, 35 & 36, F Donald Reid. Mr Chairman, I need to abstain from these. Eddie Bourdon: For the record, Eddie Bourdon representing the applicant. I know from the informal session, and the lateness of the hour you prefer that I would be brief so I will do my best to do just so. The piece of property that I think most of you know, Mr. Rind, who is here, as is Steve Val, one of the principals from Lifestyle Homes, and they will be ones who wall be bmldlng these very beautiful homes that are proposed on th~s project. The property has been in the Potter family for over a half century. Actually, I thought Mr. Potter was going to be here from Florida, but we haven't seen h~m. The properties on Indian River Road, just at the north side of the Transition Area, adjacent to the green hne and you can see a httle bit of what's up there and the fact that development ~s occumng on the other side of the bridge north of this site. The proposal as your staff has, and we have worked with them for frankly ten months in working through this process and waiting for the TATAC Committee. I guess Jon Glass is watching. This apphcatmn was filed before the TATAC Committee was organized. This ~s not a rushed apphcatlon after TATAC I don't th~nk we have any of those, but anyway the apphcat~on involves de&cated 60 percent of the s~te to open space with extensive trml system. The property ~tself ~s 47.3 acres of developable lands and only 45 lots are bmng proposed We mmntaln a beautiful buffer that exists today, very heawly treed along Indian R~ver Road. Th~s property ~n my comment to Don when ~t was first brought in, lays out perfectly for what the Comprehensive Plan ~s looking for and as TATAC went through and made their recommendations, it totally fell into place. We provided a trail system both along Indian R~ver Road of 300 feet or more of area that's mmntalned ex~sttng vegetation, a well- treated open space. We put a trml through here, as well as trails up ~n th~s area of open space on the property Th~s can easily be put w~th~n the trad system that is annmpated and enws~oned from Stumpy Lake to Back Bay Wlldhfe Refuge. The trails wall be a creation by the developers of the property We have a very nice entrance road. Create an entrance road on both s~des, s~dewalks on both s~des. You don't see the housing from the road at all. There will be a beautiful entryway The proffers are actually what we seen ~n the previous Transition Area application. We prowded access to the property here for the future and also access to the property here for the future development. This is the AICUZ line and the h~gh noise zone over here Under the current AICUZ map and that's based on flight operations out of Fentress, which is slated to hopefully go away or significantly reduced We put the housing over here on the land that's not in a h~gh noise Item #34, 35 & 36 F Donald Reid Page 2 zone. I think staff has done, and I can't find fault with anything staff had to say. I think they hit the nail on the head with this apphcatlon in terms of their review of lt. We worked sensitively with them. We have open space provided along most of the border of the property where we adjoin an agricultural use. There is some low land over here but that is what it is and has been, and we have no problem with the condition that we will supplement existing trees with additional trees and along here we will plant a complete road trees. There are trees there, and we will maintain them and plant additional trees. That's one of the conditions that we have no problem with at all. The only condition as Stephen White had mentioned this morning that's problematic for us is the condition that involves mandating that we put in a left and right hand turn lane Left turn is not a problem which we have no problem with a left hand turn lane. We will construct. We can provide the additional right-of-way for that and frankly that is going to be the more utilized because that is where the traffic is coming from and most of the traffic is going. There is no traffic coming northbound that would turning into here and there would be some but the majority of the trips would be leaving and going north and coming back and leaving there would be the normal destination points would not be going to the south but there will be some. And, were not adverse to putting in a right turn lane. We just have ability to effectuate that We don't own the property here. The idea of moving the entrance over here is one that we could do but for the fact that there are some isolated non tidal wetlands in this area and that would require getting permits from the DEQ to do that. And, I wouldn't say we won't do that, we are concerned about being in a position where that's no do able, and we are stuck with having to come back for this process. So, we are perfectly happy with putting in a left turn lane and we're willing and I think someone is here who will be speaking regarding the property to our south or to our west. If we can obtain from them the needed right-of-way along Indian River Road we'll put the turn lane in. It's just we don't have the authority or the ability to get that, and we have put this entrance road at the location that is the highest ground and also significant distance from the curb here. But, again, that is not saying that if we moved it up here or a turn lane in that would be a problem It wouldn't but we do have a concern about the permitting process for the non-tidal wetlands that would involve some disturbance. Ronald Rlpley: Did you do wetlands delineation? Have you quantified what's there? Eddie Bourdon: There's been delineation there. Unfortunately, Mike Perry is not here so I'm not really in a position, and I don't know much about it, but there are some non-tidal wetlands, specifically in this area but they are eye sight but there really ~sn't, and we did look at is there a way to come through here without impacting those and the answer ~s no So, that's the problem. Their indication to me was that ~t would be problematic to get those permits Ronald Pdpley: How problematic? Eddie Bourdon: I'm not the one who can answer that question Item #34, 35 & 36 F. Donald Reid Page 3 Ronald Rlpley: Is it a big deal or not? Having that right mm in there would be a good safety thing especially on a small rural road. And, not having it is obviously not a good safety situation. Eddie Bourdon: Well, we are comfortable working with staff and working the property owner to try to make that happen or to go through the permitting process but those are both options that are out there but mandating it when this is the way we do lt. We don't believe that there's enough right-of-way there to do a proffered job in the existing job with a right hand turn lane. Ronald Ripley: Faith, did you all look at that? Eddie Bourdon: Faith IS not here. Ronald Rlpley: This is your application? Did you look at the degree of wetlands that are in there that are kind of problematic situation you might see? Stephen White: I know that Mr. Bourdon is correct, and that there are isolated head- water wetlands in that area. I can't tell you the exact location though. I discussed this with Mr. Bourdon yesterday and actually suggested a realignment of that road as your all talked about But as notes, it would require them getting permits to go through those isolated head water wetlands, and he could work with the adjoining property owner if so inclined to provide that right hand turn lane. But, we agree with you that it is a safety issue and definitely do need to get that right hand turn lane in there. Eddie Bourdon: And, my understanding is that there is someone here who is involved with the property adjacent to us. They have met with and talked with City representatives. They have not contacted me so I have an idea of what they're going to be talking about, and I suspect that there will be a way to make it happen because I have not had any communication with them. They haven't communicated with me on lt. Let's see what they have to say. Ronald Rlpley: I think Don has a question. Eddie Bourdon: I think we can provide Donald Horsley: You got an access just to that property? Eddie Bourdon: Yes. We prowded an access to that property here. Donald Horsley: Well, if that property is developed will your road be the access to that property? Eddie Bourdon. That's the way we've done it. Item #34, 35 & 36 F Donald Reid Page 4 Donald Horsley. Well that would make that right turn lane pretty much a natural. Eddie Bourdon: Correct. We have designed this to provide them so that it will be a shared access situation if and when this property comes ~nto development and apparently that is what is being contemplated, so they would not have to have another entrance other than Indian River Road and clearly that's what would be afforded if that happens. The problem there is that under the current AICUZ line, they're in the high noise zone so that's a potential problem that they face. We've also provided a point of access to this property as well as required by staff so we can have connectivity Donald Horsley: Alnght. Ronald Ripley: Are there any other questions? Yes, Will. Wllham Din: Can you address Lot 45 and maybe the right turn lanes coming into Indian River Road there? Does it just come right out? Would you need a right and left turn lane there also? Eddie Bourdon: Lot 45. That's where the existing home on the property is located and that lot will be retained. It will be a larger than standard lot. A new house will be built there and replace the one that ~s there. Across the entire frontage back there will be an easement for the maintenance of the open space. This part of the lot going back and I dare say 200 feet would be natural, preserve, stay as it is. The driveway that is there now will remain. There will be a new house that will be built in place of the one that is there now. But there would not be a turn lane for that one house. No. It's the same situation that exists there today. You have one house Ronald Rlpley: Okay. I think we have some speakers Sorry. Barry Knight: Eddie, on condition #4, which is the neighbor to the west, Mr. Hamson, Agricultural Operation you said something about planting some trees but they're Evergreen trees. Eddie Bourdon Evergreen trees. The condition is absolute acceptable as written. Barry Knight And, also we discussed this earlier but the adjoining neighbor also had a concern. He has an agricultural operation there and wanted to know if it would be okay to put in additional condition which would be condition #7, which states that the note shall be placed on the plat of Lots 31-40 as follows: Lots 31-40 may be subject to sounds, odors and other effects commonly associated w~th agricultural operations. Eddie Bourdon Perfectly acceptable. Barry Knight: Thank you. Item #34, 35 & 36 F Donald Reid Page 5 Eddie Bourdon. That's standard language that we see down the center part of the state. I'll be happy to add that condition Ronald Rlpley: Okay. Dot. Dorothy Wood: Mr. Rabef. Wade Rabey: Rabey? Dorothy Wood. I don't know. It looks like R-A-B-E-F. Wade Rabey' R-A-B-E-Y Dorothy Wood: Okay. Thank you. Wade Rabey: Hello folks. My name is Wade Rabey. I'm with Rose & Womble, and I represent both the Lees, which is across the street here and the Graves property, so this particular Graves property obviously is going to have to be coordinated with the road that they're planning on putting in the Potter's piece. I've talked to the Graves, and they would love to see this project happen. They would have no problem working with the developer as far as the intersection there. We do have one concern though. It doesn't line up with the Lee property. There is a wedge that is owned by the State that is directly across from this intersection right here that we would have to purchase in order to line our entrance up with this entrance. We really prefer to have that thing shifted over and the Graves would be willing to dedicate right-of-way for that to happen so that when we and if we ever do be able to develop these two properties we'll have the entrance in place and we won't have to put another one that's down here and mess up the taper on the turn lanes and everything. But we would be willing to give a turn lane right-of-way dedication for the turn lane and the possibility of giving a right-of-way dedication down in this area. I believe that when they did the wetlands study for the Potters they also had a wetlands study for the Graves, so they should enough information to see if there is a possibility for them to shift that down without slowing their process down any. The other is the pump station. We don't have any problem with the location. We just want to make sure that we are going to be included. We fully realize that when we tap into that that will we have to pay a pro-rata type situation, but we just want to make sure that if we have the possibility to develop these two pieces that it's sort of master planned with the Potters piece. And, that's basically all we have. We'll be happy to meet with Eddie and Mr Reed and work that out. The both of these properties are for sale and based on that noise issue which is really what's been holding these people back other than the Transition Area. All those people down there have been waiting for a long time. They're ecstatic over this. We appreciate it. Thank you. Dorothy Wood Mr. Lee. W.J Lee Item #34, 35 & 36 F Donald Reid Page 6 Ronald Rlpley: Before Mr. Lee speaks, Bob, making adjustment to entrances hke that this is a proffered plan, I'm not sure on how that would fit in at this point Robert Scott. I th~nk what you have here is a plan where we're not intending to nail down the exact location of Indian R~ver Road where that road would com. There is some flexibility and it follows a general concept. And you already heard mention of the wetlands. I don't know where they are but I think wetlands would be a legitimate reason to adjust some road and other element locations consistent with the overall concept. Obviously, they can't move the road east. They have no place to move it to but things could be done. I think that one of the reasons why people go through subdivision review is that we can coordinate the location of elements like this that develops or properties are potential subdivisions in the area is to coordinate. If it requires minor adjustments to elements, and the plans like this then as long as a major concept is adhered to, I don't see a problem with it Ronald Rlpley: Okay. Just wanted to make sure that you were okay w~th that. Please come up. W.J. Lee: My name ~s Bill Lee. I'm a property owner and a resident practically just across the street from the Potter property. It's right across here. The hne runs right straight across these two properties were probably at one time one piece. I've hved out there for 25 years and every time you lose electnmty you have no water flushing toilets. I've raised five kids on the property, so that was a problem, so I'm all for the project particularly the decadence, possibly coming into frmtatlon along w~th the water comes the water and sewage. And, I'm listed with Rose & Womble and the Graves and myself, we've had our properties for sale. I think the Graves will probably be willing dedicate some property if th~s road was moved this way, and they would probably dedicate property for a turn lane. If that's not done, this runs directly into a piece of property that the State owns and then if this is developed, you will have access here but my piece on this side would have to be another road access to Indian River Road By moving this over this way with a dedication you would have one intersection and that would limit the access to Indian River Road to one position. That's my comments on the project. Ronald Rlpley: You pretty much confirmed with the previous speaker said. We appreciate it. W.J Lee: I'm sorry. Ronald Rlpley: I said you're confirming with what the previous speaker said. W J. Lee Right. Exactly. I've lived there 25 years My taxes are more than double. I've got nothing in the last 25 years other than the garbage collection. For the ones who can't develop or maybe to small to get water and sewage and ones that do develop will realize something for the property they lived off I'm retired so I can use the benefits from it. Item #34, 35 & 36 F Donald Reid Page 7 Ronald Rlpley: Thank you Mr. Lee. Are there any other questions of Mr Lee? Thank you Dorothy Wood' Bobby Roundtree. Bobby Roundtree: I've been referred to Ray Flrenze. I'm just here to answer any operational questions. Ray Flrenze' Good afternoon. My name is Ray Flrenze. I'm a Community Planning Liaison Officer for Naval Air Station Oceana. I'm here today on behalf of the Navy to oppose the planned subdivision by F. Donald Reid and we respectfully urge, that the rezomng be denied. I will be speaking on operational issues that will affect this area and any questions regarding the actual operation of an airplane. I would like to refer that to Mr. Bobby Roundtree. Bobby is signed up as a speaker. Bobby is a retired Naval aviator He flew Tomcats, Hornets. He was a squadron commander for VFA-136, the Nighthawks out of Oceana In his last assignment was executive officer of Oceana. The proposed project would be located about 5½ miles southwest of Oceana and three miles north of Fentress in a 70-75 decibel day/night average noise zone and partially greater than 75-decibel noise zone. This site is directly aligned to Oceana's Runway Five, one of our busiest runways. There are several key flight tracks that pilots use to navigate to and from Oceana and Fentress that concern us, as they should you. In 2002, Runway Five accounted for 44 percent of 218,000 annual flight operations. Aircraft on approach to Oceana conducting straight instrument procedures will fly directly over this property as well overhead arrivals enter a facility arrivals and departures to and from Fentress. We are on the north end trending runway. This is our routine right through here. Airplanes that depart Fentress, Runway Five part come direct to the airport. Airplanes that depart Fentress after 11:00 o'clock at night between 11-7 will climb to 1,000 feet and landing configuration proceed direct or straight into the runway. I did an analysis of the traffic count from August 2002 to date and along this path only. Straight in we flew 6,686 instrument arrivals along that path. This subdivision will be impacted by flight operations will be subject to high single event noise levels. An F- 18 Hornet of 1,000 feet has a sound exposure level of 109 decibels An F-18 Super Hornet is expected to have a sound exposure level of 114 decibels. These are the levels that will be typical for an aircraft on late night straight in arrivals from Fentress. At an attitude of 1,500 feet on an instrument approach, the Hornet has a sound exposure level of 106 decibels and a Super Hornet is a 110 decibels. The sound exposure level represents both the intensity of the sound and its duration. I'm almost done. So, for an airplane that flies over it includes both the maximum and lower decibels level and is representative of the entire event Oceana and Fentress are both 24-hour facilities. We ask that you please consider our concerns on your way to your final decision We view further development in this area as incompatible and an encroachment upon the operational mission of Oceana. Thank you. Ronald Rlpley Any questions? Item #34, 35 & 36 F. Donald Re~d Page 8 Eugene Crabtree. I've got one question Ronald Rlpley: Gene Eugene Crabtree. Looking at the two d~agrams, one 1S that we've got protected up there got a black hne to lt. It shows the h~gh decibel zone ~s to the right of that Yet, you show here ~n your diagram that ~t goes directly over the entire property Ray Flrenze: Well no. I actually and I guess I should have made a Power Point. Eugene Crabtree I'm just curious as to how those relate to each other. Ray Flrenze: Where the high decibels are posted. I'm not a great artist. I put the 75 here so I have most of the property ~n the 70-75. Eugene Crabtree: So, the one up on the projection up there then ~s correct. Is that to the left hand side is in a permissible zone where that to the right hand is ~n a non-permissible zone. lVdght? Ray Flrenze: We do not recommend residential develop in the high no~se zone of 70-75. Eugene Crabtree: Okay. And, ~t is in the direct flight hne with the runways. Ray Flrenze: Yes sm Ronald Rlpley: Okay. Are there any other questions? Charhe. Charhe Salle'. If I'm understanding your graphic, I assume the red piece is the piece of property in question. Ray F~renze: Yes s~r. Charhe Salle'. What does the yellow represent? Ray F~renze: That's the Transition Area Charhe Salle': Okay. So, how much of the yellow area is impacted that all you would object to any development? Ray F~renze: It's a real good question. Th~s is a great development ~f you could just move ~t from here to here. You know, of all the places ~ts right underneath a major league fl~ght tracks into Oceana on that runway. If you could fl~p these flight tracks over its the same story up there except nobody lives out over the water. Item #34, 35 & 36 F. Donald Reid Page 9 Charhe Salle': So, within the area, I guess It looks like a triangular Is that coming from Fentress? Ray Flrenze. These are different flight tracks. This would be an instrument arrival on a radar approach, which I quoted you as 6,600 plus here. And, th~s ~s another ~nstrument approach, which is what we call a tactmal approach where the pdot just navigates the thing by himself. Here he ~s getting help from the comptroller. He navigates by himself and he's being momtored But coming off of Fentress going straight northeast especially after 11:00 o'clock he does h~s touch and go at Fentress, he comes up and gets to 1,000 feet, wheels down for landing straight ~n to Oceana so he's just screening the nmse strmght across. Charhe Salle': You see that triangular path that goes from Fentress? Ray Flrenze: Here? Charhe Salle': No. That you've drawn on here. It looks like all of that area and I guess it's anything outside of that area okay. It looks hke the base of the triangle, the broad part is at Fentress and it narrows down to the apex at Oceana. Is everything between those lines the area that you have a problem w~th? Ray F~renze. Yes sir. And it's not just they're going to be effected by nmse from the repetitive patterns operations at Fentress and the straight in amvals to Oceana. So, while they're sp~nnlng around out here on Runway Five, they're in a repetitive operation and they'll get ~t agmn once they come off and come back Ronald Rlpley: Gene Crabtree has a question. Eugene Crabtree: Does the current enwronmental impact study that apparently is being done still verify this as a danger zone? Ray Flrenze: It all depends on what the Secretary of the Navy picks. There are eight basing options. There's two preferred options but they're all out there on the table. Okay, to answer your question, if he p~cks option SlX, alternative number s~x, not much changes. But, we don't know that until he makes a decision and we put ~t on paper. Eugene Crabtree: I understand that he hasn't made his demsion yet. Ray Flrenze: No sir, he has not After the 18th of August, anytime after that a decision could be made. Eugene Crabtree: So, we're in limbo Ray Flrenze: Yes sir Item #34, 35 & 36 F. Donald Read Page 10 Ronald RIpley: Are there any other questions? Okay, next speaker Ray Firenze: Thank you Ronald Ripley: Thank you. Dorothy Wood: John Harris John Hams: My concerns were taken care of this morning. I'm good to go. Dorothy Wood: The only other speaker we have as Mr. Roundtree, did you want add anything now Bobby? Bobby Roundtree: No ma'am. Dorothy Wood: Thank you. That's all the speakers. Ronald Ripley: We have a gentleman raising his hand back there. You already spoke and only if its new information. W.J. Lee: It's in reference to the noise. I hve right there directly in the path. Ronald Rlpley: Come on up if ltS new information please. W.J. Lee: It's in reference to the noise information that you received from Mr. Flrenze I live right there directly in the path probably Sometimes the airplane goes right over the house and sometimes it's to the right and to the left. I have a high regard for the military and the Navy but at one time, their high noise zone was on the other side was on the other s~de of North Landing Road. Fentress is fixed plus Oceana has cross-runways. All the traffic doesn't go between Oceana and Fentress It has a cross runway. It depends on the wand but they can also land m different directions Fentress has two landing practme positions, I guess or whatever you might call it whether it can come an and practice on any and I guess sometimes they do their go around on the Chesapeake side and sometimes they do it closer to the Beach side. So, I know there's a noise issue but I'm trying to down play ~t I guess to some extent because I live there and when I'm in the house the noise doesn't bother me at all. It doesn't bother me when I'm outside. The 75 decibels or higher was totally on the other sade of North Landing Road one tame and Fentress is fixed. And for some reason they moved it over to the Potter sade the lease side of North Landing Road. I don't know why they did that but maybe they got some pressure from Chesapeake to switch at or something. They don't always go directly to one field to the other plus they have cross-runways that they could use Ronald Rlpley: Thank you very much. Eddie Bourdon: Mr Chairman, first of all with regard to Mr. Rabey's comments, Mr. Item #34, 35 & 36 F. Donald Reid Page 11 Lee's comments, we're in total agreement. Master planning is the way to go. We don't control where the pump station would be located, but the pump station will be there and a service area will encompass some or all of their properties We are perfectly happy to work, as I said and as I kind of thought was going to be the case, with moving the entrance over if they'll dedicate the land, we'll build it and we'll build the right turn lane That's an easy one. And, that works for everybody. We tried to master plan lt. I see where they thought it was better if it was over here. If they'll work with us we'll do lt. I think any change in that regard is within the Planning Director's discretion as being substantially and keeping with the plan because we're not changing anything as far as the nuts and bolts of development, just makes it a better plan and a better development They'll do what they indicated we're there with them. We'll build the road and put the turn lane in and that works very well. My comments with regard to what I heard from the Navy. I understand that Bobby and Ray are the messengers and as all they are The expressions of disappointment, then let it be a disappointment, and they are not necessarily directed at them. But, a number of years ago when the first BRAC Commission came about, Senator Warner represented a p~cket, represented as a TVA, TVR, Vlrglma Beach Division, City of Vlrg~ma Beach all worked and stake holders all worked diligently for many, many months. In finally resolving an issue that had been out there for years as to how to handle land use ~ssues around Oceana, given the noise issues and that has worked very, very well for qmte a number of years. And, now all of a sudden and I could only count because I th~nk this ~s where it lies lack of pohtxcal leadership and lack of strength and some Navy admirals getting involved in politics rather than dealing with staying the course, doing the right thing. Now we got changing of positions. Mowng all around It's a moving target. Telhng people and taking the land over without buying, affecting what they can do without paying for it. It wasn't the case before we had something we could deal w~th. Something that everybody was deahng with and now because of the Hornet basing decision, which has been out there for many, many months, we see a change in policy. And, that is actually what is happemng. It's a change in policy. Where were the Navy representatives when we decided to spend $200 and some million dollars for the Pavilion expansion9 Where were they? We didn't hear from them. Is the City paying $200 mdhon dollars to put a Pawhon expansion in the high noise zone where it shouldn't be9 There are a lot of other examples that I can s~ght but I'm not going to go through it all tonight or today. You all know it. You understand the situation. I'm not going to go into it in great detail. But, this kind ofpohtlcs, why doesn't make any sense We're living under the rules that we all lived under and are working with as a community tried to work with I support the Navy strongly as anybody does and a lot of other people in this community that when this stuff starts flipping and flopping and going all over the place, you have rural support and that's what will happen if they don't stay the course and stay consistent in their leadership Thank you Ronald Ripley. Thank you That's getting on the soapbox there Okay Are there any other speakers~ We'll open it up for comments. Donald Horsley I'll start because I have to go. I think the applicant did an outstanding job developing a piece of property that probably ten years ago everybody rode by and Item #34, 35 & 36 F Donald Reid Page 12 said that property will never be developed. But, I think lie's done an outstanding job I think he's addressed the concerns of any neighbors that came by I think he's shown a willingness to work with the adjoining property owners, and I think this is a good amenity in the Transition Area. The 60 percent open space is a benchmark for a lot of the developments we can look at now So, I support the application. When you're ready for a motion, I'll make It. Ronald Rlpley: Are there any other comments? Barry. Barry Knight: I support the application also. I did have a little blt of concern about and I've heard it smd so many times about the Navy has a moving target. We all support the Navy. We all want as many squadrons here as we can possibly get, and we want to support them but this moving target. We've it mentioned many, many times but this a nice development. Just actually like Don said and when it is t~me to make a motion please include condition #7. Ronald Rlpley: Is there anybody else? Jan. Jamce Anderson: I'm going to support the project also. I th~nk it falls right In place with what the Transition Area. So far as the nmse zone, I think we have to stick hke Mr. Bourdon smd right now, housing is allowed in these other places from 70 up to 75 and that's what ~t ~s zoned now, so I don't see holding ~t up and thinking five months about It may change. And they don't have any housing In that higher zone so I don't have any problem with that. Ronald R~pley: Does anybody wish to say anything else? Gene. Eugene Crabtree. I have a problem w~th the nmse zone and the direct fl~ghts because as everyone knows I support the Navy and the air space totally. I think the development is an excellent development and the way ~t's drawn up on the board. But I do have reservations because it's In that direct fl~ght hne. However, If It's built and people buy in that area then they're taking their own chance. I wouldn't want them ten years from now coming back and blaming the Navy for it Not being able to hear right or whatever But I just want to say that and I do have reservations about this. Ronald R~pley: It appears to meet the ~ntent of the guidelines for the Transition zone. It seems like it's been worked through pretty thoroughly. I do also favor approval of this. I say it's uniquely laid out, but it's lind out for the Transition guldehnes, which does make it unique I am concerned too with the noise zone Issue, but on the other hand I have some concerns with the way perhaps we need to resolve that difference, and we need to resolve the policy if you will so that the Navy and the City can reside together, and we don't have conflicts on this type of Issue. Barry, do you wish to make a motion? Barry Knight' I'm ready to make a motion Item #34, 35 & 36 F. Donald Reid Page 13 Ronald Ripley: Please Barry Knight. I'd hke to make a motion that we approve agenda items #34, 35 & 36 and add condition #7 as [ read before. I can read it again. Condition #7, a note shall be placed on the plat on Lots 31-40 as follows. Lots 31-40 may be subject to sounds, odors and other effects commonly associated with agricultural operations Ronald Rlpley: That's a motion by Barry. Seconded by Don Horsley. Let the record that Bob Miller left before the proceedings, and I think he had to abstain on it anyway. I think his firm did the design. So, are we ready to vote? Let's call for the question. AYE 9 NAY 1 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE NAY ABS Ronald Rlpley. By a vote of 9-1, the motion careers. I think were completed. This meeting is adjourned. FORM NO P S liE) City of Virginia Beach I~T~-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5669 DATE: TO: Leslie L. Lilley DEPT: FROM: B. Kay Wilso~X'W DEPT: Conditional Zoning Application F. Donald Reid and Harry A. Potter September 10, 2003 City Attorney City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 23, 2003. I have reviewed the subject proffer agreement, dated June 26, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY AII[EN & LEVY P(; F. DONALD REID HARRY A. POTTER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 26th day of June, 2003, by and between F. DONALD REID, Grantor, party of the first part; HARRY A. POTTER, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 51.4 acres and described as "Parcel One" in Exhibit "A' attached hereto and incorporated herein by this reference which parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part is contract purchaser of "Parcel One" has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 to Conditional R-20 Residential District with a Conditional Use Permit for Open Space Promotion; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit dfffenng uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1483-38-6300 PREPARED BY WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-20 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or qmd pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than forty-five (45) building lots substantially in conformance with the Exhibit entitled ~CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, the pedestrian trail system and open space improvements shall be constructed substantially as depicted on the Concept Plan. Approximately 33.3 acres of landscaped parklands with pond features and an extensive pedestrian trail system as depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. A public use easement shall PREPARED BY WSYKES. I}OUt~I)ON. AItP2N A LEVY be dedicated on those portions of the trail system located w~thin the 300' Transition Area Buffer adjacent to Indian River Road. 3. The community entrances and the proposed street section of the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. Sidewalks shall be provided on the main entrance road as depicted on the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. 4. When the Property is developed a left turn lane shall be constructed at the entrance to the community from Indian River Road. A public fight of way shall be dedicated to the adjoining property to the east and the adjoining property to the north as depicted on the Concept Plan. 5. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all open space areas, including the community owned parklands, pedestrian trail, and the entrance features. 6. Ail residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than eighty percent (80%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restricttons shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. 7. When the Property is developed, every reasonable effort will be made to preserve the existing mature trees on the site and a tree preservation and restoration plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. 8. The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development PREPARED BY l§Yl~[$, I~OI~I~DI)N, Ati[EN & LEVY, PC taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing over sixty-four percent (64%) of the Property to open space preservation, via the dedication of approximately thirty- three and three-tenths (33.3+) acres of the Property to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-20 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolutmn adopted by the PREPARED BY SYKES, [}oUi~DON. AItERN & LEVY. governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or stat to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the condxtions may be made readily avadable and accessible for pubhc inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY §Y[E~, I~OURDON. AII[t~N & LEVY. PC WITNESS the following signature and seal: GRANTOR: F. Donald Reid (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7t~ day of July, 2003, by F. Donald Reid, Grantor. Notary Public My Commission Expires: August 31, 2006 Map E-12 No~ t~ / / // CUP - Church Church - R-15 ZONING HISTORY 12/8/98 - CONDITIONAL USE PERMIT (Church and Day Care) - Granted 8114/90 - CONDITIONAL USE PERMIT (Open Space) - Granted 6/11/90 - CONDITIONAL USE PERMIT (Open Space) - Denied 12/12/88 - CONDITIONAL USE PERMIT (Open Space) - Granted 2~23~87 - CONDITIONAL USE PERMIT (Borrow Pit) - W~thdrawn 3 9~28~99 - CONDITIONAL USE PERMIT (Open Space) - Granted 8~22~00- CHANGE OF ZONING (AG-2 to R-15)- Granted 8~22~00 - CONDITIONAL USE PERMIT (Open Space) -- Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Village Church- Conditional Use Permit MEETING DATE: September 23, 2003 · Background: An Ordinance upon Application of V~llage Church for a Condlbonal Use Permit for a church on property located on the south side of Indian R~ver Road, approximately 2175 feet east of Elbow Road (GPIN 1474623633) DISTRICT 1 - CENTERVILLE The purpose of this request is to construct a new, freestanding church on a three-acre parcel Considerations: The s~te layout plan depicts a one-stow 50-foot by 200-foot structure w~th seabng for 300 people Seventy-five (75) parking spaces are prowded, exceeding the requirements of the C~ty Zoning Ordinance Preliminary designs for the Southeastern Parkway and Greenbelt show the h~ghway crossing the rear third of the bulldable area of th~s s~te (where the stormwater management pond is depicted on the s~te plan) The Iocabon of the h~ghway in th~s location w~ll, ~n the future, reduce the final acreage of the parcel to under the m~nlmum three (3) acres required by the City Zoning Ordinance In addition, the proposed alignment and location of the Southeastern Parkway and Greenbelt (SEP&G) w~ll ~mpact the amount of open area and property available for future expansion of the church and parking lot The church ~s aware of the potenbal ~mpact of the SEP&G and has submitted a letter ~nd~cabng that they understand that the area of the subject site available for any future expansion may be I~m~ted due to the expressway alignment The Planning Commission placed th~s ~tem on the consent agenda because the proposed construcbon of a new, freestanding church would be an appropriate use for th~s s~te Staff recommended approval There was no opposition to the request Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve th~s request w~th the following condlbons V~llage Church Page 2 of 2 The S~te shall be developed and the exterior of the building shall be constructed substanbally as depicted on the S~te Layout Plan entitled, "Church Facility for The V~llage Church," prepared by Verebely & Associates, Architects, dated April 18, 2003, w~th the exception of modifications made necessary by the cond~hons I~sted below Category I landscaping shall be ~nstalled, as ~llustrated ~n the C~ty of V~rgln~a Beach "Landscape Guide" along the western property I~ne beginning at the northwest corner of the building, to the south, ending at the southwest corner of the parking lot Any freestanding s~gn shall be monument style and complementary to the color, materials, and design of the church budding F~nal approval for the design of the s~gn shall be obtained from the Current Planning D~v~s~on / Planning Evaluabon Section of the Planning Department prior to the ~ssuance of the s~gn permit 4 All requirements for right-of-way reservabons shall be depicted on the final s~te plan and all new structures shall meet all setbacks from these reservations The location of the stormwater management facility and all other structures shall meet all requirements of the Southern Watersheds Management Area The stormwater management facility shall not be permitted w~th~n the reservabon unless otherwise permitted by both the Planning Department and the Public Works Department Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manage~~ ~'-, ~~Sy~L VILLAGE CHURCH / # 20 August 13, 2003 General Information: APPLICATION NUMBER: E 12-210-C U P-2003 REQUEST: Conditional Use Permit for church facility ADDRESS: Indian R~ver Road, approximately 2,100 feet south of Elbow Road ,u.~, .~-~2 Villa Church - - - _ tO~'~ -- - // // oD /'C>o / - CUP - Church R-15 / R'I5 GPIN' ELECTION DISTRICT: 14746236330000 2 - KEMPSVILLE SITE SIZE 3 acres Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page I STAFF PLANNER: PURPOSE: Carolyn A K. Smith To construct a new, freestanding church Major Issues: · Degree to which the proposal ~s compabble with the surrounding area · Master Transportabon Plan alignment for the Southeastern Parkway · Requirements of the Zoning Ordinance for development of new freestanding churches. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq The parcel ~s vacant and zoned R-15 Res~denbal D~strict. Surroundinq Land Use and Zoning North: South: East: West: · Indian R~ver Road · S~ngle-famlly dwelhngs / R-15 Res~denbal D~stnct, Open Space Promobon · Wetland and Marsh / R-15 Res~denbal D~stnct · Vacant/Parbally Wooded / R-15 Res~denbal District · S~ngle-fam~ly homes / R-15 Res~denbal District Zoning History There ~s no zoning history to report for the subject parcel A Cond~bonal Use Permit was granted in 1998 for a freestanding church w~th daycare on a much larger parcel to the west Several rezon~ng requests have also been Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 2 approved for parcels across Indian R~ver Road for residenbal uses using the Open Space Promobon provisions of the City Zoning Ordinance Air Installation Compatible Use Zone (AICUZ) The s~te is ~n an AICUZ less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer There is a 10-inch water main and 10-inch grawty sewer main in Indian R~ver Road, fronbng the property Th~s s~te must connect to both C~ty water and sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP)' The ulbmate right-of-way width for Indian R~ver Road ~s designated on the Master Transportabon Plan as 150 feet, thereby necessitating a reservation to ensure compliance w~th the MTP The S~te Layout Plan depicts a 50-foot reservabon from Indian River Road to meet this requirement. The Southeastern Parkway and Greenbelt ~s designated on the Master Transportabon Plan as a 350 foot w~de right-of-way h~ghway. Preliminary design depicts the roadway passing through the southern porbon of th~s s~te and ulbmately reducing the acreage of the parcel below the m~n~mum three (3) acre requirement for freestanding churches. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~stmg Land Use 2_ 91 Indian R~ver Road 4,900 ADT ~ 7,200 ADT ~ Proposed Land Use 3_ 67 . Sunday 366 ADT Average Dady Trips 2 as defined by current zoning 3 as defined by church Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 3 Public Safety Police: The Applicant ~s encouraged to review and ~ncorporate safety by design concepts and (design) strategies contained in the Planning Department's, "Crime Prevention Through Enwronmental Design - General Guidelines for Designing Safer Commun~bes" booklet Where lighbng fixtures are ~nstalled along streets or ~n parking areas for ~llum~nabon purposes, all fixtures must be of appropriate height and design as to prevent any direct reflecbon or glare towards adjacent uses and c~ty streets. L~ghting should be d~rected down at the ground, and not out horizontally or up in the a~r. Fire and Rescue: Adequate - no further comments. Comprehensive Plan The Comprehensive Plan recognizes th~s area as planned for residential uses at or below 3.5 dwelling un~ts per acre The Comprehensive Plan states that, '~Vhere desired by the community, support proposals for new or readapted development that carefully ~ntegrate res~denbal, commercial, employment and other acceptable uses for the purposes of ach~ewng a complementary, well-organized, efficient and attracbve arrangement of land uses" (page 52) Summary of Proposal Proposal · The applicant ~s proposing to construct a one story, 10,000 square foot church w~th seabng for 300 people ~n the sanctuary and 75 parking spaces ~n the proposed lot. Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 4 Site Desiqn · The s~te layout plan depicts a 50-foot by 200-foot structure w~th 75 parking spaces on the three (3) acre parcel All construcbon will be located on the north end of the site, at the 50-foot front yard setback, measured from the required 50-foot reservabon from Indian R~ver Road This reservabon w~ll be required along Indian R~ver Road to accommodate the 150 foot ulbmate right-of-way w~dth as designated ~n the Master Transportabon Plan. Preliminary designs for the Southeastern Parkway and Greenbelt show the h~ghway crossing the rear third of the buddable area of th~s s~te (where the stormwater management pond is depicted on the site plan). The Iocabon of the h~ghway ~n th~s Iocabon w~ll, ~n the future, reduce the final acreage of the parcel to under the minimum three (3) acres required by the C~ty Zoning Ordinance In addition, the proposed alignment and location of the Southeastern Parkway and Greenbelt w~ll impact the amount of open area and property available for future expansion of the church and parking lot. Vehicular and Pedestrian Access · The s~te layout plan depicts one ~ngress/egress from Indian R~ver Road · Pedestrian access ~s adequate Architectural Desi,cln · The front elevation depicts a brick (colonial red) veneer fagade w~th a decorabve metal roof. Four arched windows, two on e~ther s~de of the pediment-covered entry, are also proposed along the front fagade. Architectural metal wall panels are ~denbfled for use on both the s~des and rear The applicant has ~nd~cated that these panels will be "sand finish" color. The metal panel roof w~ll be bronze · The building height ~s approximately 22 feet from the ground to the base of the steeple. The total height of the steeple ~s not known. Landscape and Open Space · The residual open area, encumbered by floodplain, wetlands and the Southeastern Parkway and Greenbelt ahgnment, I~mits the amount of open space available for potenbal future expansions. · Although not depicted on the layout plan, foundabon landscaping will be required along the fagade of the building facing Indian R~ver Road as well as w~thin the Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 5 parking lot and along the right-of-way (streetscape landscaping). Staff has recommended a cond~bon that Category I landscaping be ~nstalled along the western property I~ne to help screen the building from the res~denbal property to the west Evaluation of Request Staff can support this request for a Conditional Use Permit, however staff has concerns about the wab~l~ty of th~s s~te for any future growth of the church. The most s~gn~flcant ~mpact to th~s s~te for the proposed church stems from the potenbal Iocabon of the Southeastern Parkway and Greenbelt on the rear of the s~te. The alignment of the proposed Parkway impacts the southern third of the bu~ldable property outside of floodplain, wetlands, etc and reduces the potenbal for further expansion of the church. Secbon 230 of the Zoning Ordinance requires a m~nimum lot area of three (3) acres for churches Th~s requirement ~s parbcularly important for new, freestanding churches where the potential for growth ~s almost unlimited assuming enough land area is available for future planning It ~s in the best interest of any church, particularly churches ~n new freestanding structures, to plan for any future growth, expansion and ~ncreased membership. While the church as a use ~s not objectionable, staff ~s very concerned that the resulbng acreage minus the Southeastern Parkway and Greenbelt right-of-way (resulbng ~n approximately 60,000 square feet or 1.38 acres) ~s not likely to be enough to accommodate future desires of the church Addibonally, the Iocabon of the Southeastern Parkway and Greenbelt along the rear third of the s~te will, ~n the future, hamper the potenbal for Iocabng any future structures behind the building The C~ty Zoning Ordinance (Secbon 203(b)) requires that yard setbacks be measured from the ultimate right-of-way of roadways shown on the Master Transportabon Plan. Staff communicated these concerns to the applicant's representabve. However, the applicant's representabve noted via correspondence w~th the Staff that "First, the church has bought the property ~n good faith. Second, the property is at 3 acres ~n size Third, the Southeastern Expressway has been d~scussed for the last twenty years or more and may never get built. Chesapeake has objected to ~ts construcbon for many years Although the present leaders may have ~nterest ~n ~t being built, many pol~bc~ans now running for office here do not want it therefore new leadership may k~ll the project. (~ e on again / off again Sandbndge Road)" Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 6 The Southeastern Parkway and Greenbelt, regardless of pol~bcal or personal opinions, ~s sbll a cnbcal component of the C~ty's Master Transportabon Plan and ~s a h~gh priority of the C~ty Councd and must be considered Its ~mpacts on th~s s~te ~n the future are s~gn~flcant and w~ll ~mpact any future growth of a church on th~s s~te. There are, however, adjoining parcels to the north and south that the church could acquire ~f church growth d~ctates the need for add~bonal land area Staff, therefore, recommends approval of this request w~th the conditions below, but notes the hm~tations on church growth that the Southeastern Parkway and Greenbelt w~ll place on th~s s~te Conditions 1. The S~te shall be developed and the exterior of the building shall be constructed substantially as depicted on the S~te Layout Plan entitled, "Church Fac~hty for The V~llage Church," prepared by Verebely & Associates, Architects, dated April 18, 2003, with the excepbon of modifications made necessary by the cond~bons listed below. Category I landscaping shall be installed, as ~llustrated in the C~ty of Virginia Beach "Landscape Guide" along the western property line beginning at the northwest corner of the budding, to the south, ending at the southwest corner of the parking lot. o Any freestanding s~gn shall be monument style and complementary to the color, materials, and design of the church building. Final approval for the design of the s~gn shall be obtained from the Current Planning Diws~on / Planning Evaluabon Secbon of the Planning Department prior to the ~ssuance of the s~gn permit. 4. All requirements for right-of-way reservations shall be depicted on the final s~te plan and all new structures shall meet all setbacks from these reservabons 5 The Iocabon of the stormwater management facility and all other structures shall meet all requirements of the Southern Watersheds Management Area . The stormwater management facility shall not be permitted w~thin the reservabon unless otherwise permitted by both the Planning Department and the Public Works Department Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 7 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 8 Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 9 Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 10 Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 11 Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 12 List Ail Current Property Owners: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below' (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners tn the orgamzat~on below' (Attach l/st /f necessary) I-I Check here ~f the property owner is NOT a corporabon, partnership, hrm, or other · unincorporated organization. if the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organizabon below: (Attach list if necessary) !-! Check here ~f the property owner ~s NOT a corporation, partnership, firm, or other unincorporated orgamzation. CERTIFICATION I certify that the information contained herein is true andaccu/ra~e., ~'gd'a{ur~ ..... PHnt hame " .... , ,,,,, ,,, ,.,, , ,,,~ ~11 i _ i ~ ~ jjii , ~ ~ , i . ~ .... Cond~bonal Use Permit Apphcatmn Page 8 of 12 Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 13 VIL LA GE CH UR CH TR US TEES Wayne L Andrews, Chmrperson Launce Yam, Vice Chmr Ralph Wormley, F~nancml Secretary Joyce Leach, Secretar~ Frank~e Copeland Ronda Jordan Samuel C S~mmons Valerie D Matthews Planning Commission Agenda August 13, 2003 VILLAGE CHURCH / # 20 Page 14 Item//20 Village Church Conditional Use Permit South side of Indian River Road District 1 Centervdle August 13, 2003 CONSENT Dorothy Wood: The next item is Item #20 is the Village Church. It's an ordinance upon application of Village Church for a Conditional Use Permit for a church on property located on the south side of Indian River Road near Elbow Road in the Centervllle District and it has six conditions. Yes sir? William Verebely: Good afternoon. Mr. Chairman and members of the Commission, my name is William Verebely. I'm the architect and agent for the church. We've read the conditions and we agree. Dorothy Wood: Thank you Mr. Verebely. Is there any opposition to the Village Church with six conditions east of Elbow Road in the Centervdle District? Mr. Din. Wllham Din: Just to provide some additional comments on this. The purpose is to construct a new freestanding church at this site. It is also a long narrow lot. The church is sized for approximately 300 people with 75 parking spaces This lot is impacted by the Southeastern Parkway and Greenbelt. However, the apphcant knows this and there is no building on the impacted site. It is an appropriate use here so we have placed this also on consent. Dorothy Wood: Thank you very much. Mr Rlpley, I would move to approve number #20 with six conditions. Ronald Rlpley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Kmght. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE Item #20 Village Church Page 2 WOOD AYE Ronald Rlpley: By a vote of 11-0 the motion carries. M~ ~J Ba Church Map Not to Scale R-15 CUP- Church Expansion ZONING HISTORY 1. 9-23-97- CONDITIONAL USE PERMIT (church parking lot expansion)- Granted 2. 10-17-95 - CONDITIONAL USE PERMIT (motor vehicle sales) - Den~ed CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Bayside Baptist Church - Conditional Use Permit MEETING DATE: September 23, 2003 · Background: An Ordinance upon Appl~cabon of Bays~de Baptist Church for a Conditional Use Permit for a church (addition) and preschool on property located at 1920 Pleasure House Road (GPIN 1479460045) DISTRICT 4 - BAYSIDE Considerations: The church proposes to construct a 22,600 square foot addition, which w~ll ~nclude a mulb-purpose room w~th seabng for 159 and a gymnasium The mult~- purpose room w~ll be used for educational and social purposes ~n conjunction w~th the ex~st~ng sanctuary, which seats 412 No expansion to the sanctuary ~s proposed The gymnasium, which w~ll have a seahng capacity of 568, w~ll be used for special events However, the gymnasium w~ll not be used s~multaneously w~th the sanctuary or mulb-purpose room The parking lot w~ll be reconflgured to prowde 196 spaces, w~th 87 add~bonal spaces shown for a future phase The proposed number of spaces ~s greater than the required number of 114 The proposed addition preserves the character and appearance of the ex~st~ng church Although much of the add~bonal space on the property ~s ~ncorporated ~n the site plan, large green areas are preserved along the Northampton Boulevard street frontage, the front of the ex~st~ng building, the V~ctory Road frontage, and the rear property I~ne The Planning Commission placed th~s ~tem on the consent agenda because ~t ~s an established use and ~s compabble w~th surrounding properties Staff recommended approval There was no opposition to the request Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 w~th 1 abstenbon to approve th~s request w~th the following conditions Bays~de Bapbst Church Page 2 of 2 The s~te shall be developed as depicted ~n the submitted s~te plan enbtled, "Bays~de Bapbst Church - Family L~fe Center" dated 7/23/03 by MSA, P C and as conditioned below Standard s~te ~mprovements beyond those shown on the s~te plan w~ll be determined dunng detailed s,te plan rewew The building add~bon shall be constructed as depicted ~n the submitted two rendenngs entitled, "BAYSIDE BAPTIST CHURCH Family L~fe Center" dated December 2002 by HBA, Ltd and ~n the elevabons entitled, "Bays~de Baptist Church Famdy L~fe Center Add~bon" dated 6/30/03 by HBA Ltd All outdoor I~ght~ng shall be shielded to d~rect I~ght and glare onto the property, sa~d I~ghbng and glare shall be deflected, shaded, and focused away from adjoining property Any outdoor I~ghbng fixtures shall not be erected any h~gher than 14 feet · Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manager~'/~ ~(-, ~ I~CY~ BAYSIDE BAPTIST CHURCH / # 30 J August 13, 2003 General Information: APPLICATION NUMBER: E03 - 211 - CUP - 2003 REQUEST: Conditional Use Permit for church and preschool expansion ADDRESS: 1920 Pleasure House Road M,,,, ~.-3 B, ,side Ba H~ No.to ~c~le Church GPIN' ELECTION DISTRICT: SITE SIZE: 14794600450000 4 - BAYSIDE 6 6 acres ? Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH I # 30 Page 1 STAFF PLANNER: PURPOSE: Ashby Moss To add 22,600 square foot 'Family Life Center' to the ex~sting church The addition will ~nclude a multi-purpose room w~th seabng for 159 and a gymnasium. The parking lot will be reconfigured to provide 196 spaces, w~th 87 add~bonal spaces shown for a future phase. Major Issues: · Degree to which the proposal is compatible with the surrounding area. · Maintenance of exisbng character and aesthebcs of the s~te and building. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq The site ~s currently used as a church and preschool and ~s zoned R-10 Residential D~str~ct Surrounding Land Use and Zoninq North: South: East: West: · Across V~ctory Road, bank / B-2 Community Business District with Shore Drive Overlay · Across Northampton Boulevard, church and a few s~ngle-famdy residential dwellings / R-7.5 Res~denbal D~stnct w~th Shore Drive Overlay · Regional stormwater management facility (lake) / R-10 Res~denbal D~stnct w~th Shore Drive Overlay · Across Pleasure House Road, s~ngle-fam~ly dwellings/R-10 Res~denbal D~strict with Shore Dr~ve Overlay Planning Commission Agenda August 13, 2003 BAYSlDE BAPTIST CHURCH / # 30 Page 2 Zoninq History_ The subject church pre-dates the Zoning Ordinance and its requirement for a Condibonal Use Permit In 1997, the church was granted a Cond~bonal Use Permit for a parking lot expansion. Air Installation Compatible Use Zone (AICUZ) The s~te is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer The church ~s already served by City water and sewer. Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP): Pleasure House Road ~n the v~cin~ty of th~s application ~s considered a two-lane undivided m~nor suburban arterial. The MTP designates th~s road as a 70-foot right- of-way with undivided travel lanes and a mulb-use tra~l There are no projects hsted in the current adopted CIP for this roadway Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use z_ Weekday 189 ADT Sunday 758 ADT Pleasure House 11,000 ADT ~ 13,600 ADT ~ Road Proposed Land Use 3_ Weekday 206 ADT Sunday 828 ADT Average Dady Trips 2 as defined by 20,695 sf church 3 as defined by 43,295 sf church Public Safety Police: In an effort to reduce opportunity for crime, the apphcant ~s Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 3 Fire and Rescue: encouraged to review and ~ncorporate safety by design concepts contained in the "Crime Prevention Through Environmental Demgn - General Guidehnes for Designing Safer Communibes" booklet avmlable at the Planning Department and the Police Department · F~re code permits from the Fire Department will be required for "Assembly Occupancy." · A Certificate of Occupancy must be obtained from the Building Official prior to occupancy. Comprehensive Plan The Comprehensive Plan recognizes th~s area as suitable for medium and h~gh density remdential land use with a density of 3.5 dwelling umts per acre and above. The Comprehenmve Plan policies also recognize the need for leg~bmate support uses that fulfill a set of desired needs and services of the adjacent community. Churches and preschools are considered desired needs of the community. Summary of Proposal Proposal · The church proposes to construct a 22,600 square foot addibon, which w~ll include a mulb-purpose room w~th seabng for 159 and a gymnamum. The mulb-purpose room w~ll be used for educational and social purposes in conjunction w~th the ex~sbng sanctuary, which seats 412 No expanmon to the sanctuary ~s proposed. The gymnasium, which will have a seating capacity of 568, will be used for special events. However, the gymnasium w~ll not be used s~multaneously with the sanctuary or mulb-purpose room The parking lot will be reconfigured to provide 196 spaces, w~th 87 addibonal spaces shown for a future phase The proposed number of spaces ~s greater than the required number of 114 Site Desiqn · The ex~sbng U-shaped building was constructed ~n 1950 and contains 20,695 square feet. The building ~s located on the southwest corner of the large, 6.6-acre s~te. Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 4 · There are currently 177 parking spaces, which are located on all s~des except the front of the building. The proposed 22,600 square foot building add~bon ~s shown attached to the northeast corner of the ex~sbng building ~n an area currently occupied by parking spaces A single row of new parking is proposed east of (behind) the add~bon, but the majority of parking w~ll be added on the north s~de. The first phase of parking totals 196 spaces, and a second phase of 87 additional spaces ~s shown on the northern end of the parcel. · Stormwater management wdl be accommodated by the regional facd~ty east of the s~te. Vehicular and Pedestrian Access Two existing vehicular entrances wdl be maintained on Pleasure House Road. A third proposed entrance ~s shown off of Victory Road, which runs on the northern s~de of the property. The site plan accommodates a variable reservation for Pleasure House Road, which will hkely be required during detailed s~te plan rewew to provide for an ulbmate right- of-way of 70 feet There are currently no sidewalks on Pleasure House Road or V~ctory Road fronting the church. However, the Capital Improvements Program includes a project (2.285.143) to ~nstall sidewalks on Pleasure House Road from Northampton Boulevard to Shore Drive. Construcbon ~s scheduled from December 2004 to December 2005 Architectural Desiqn · The ex~sbng, two-story tradibonal style church ~s constructed of red brick The principal entrance, which ~s located on the northern side, has a p~tched, asphalt- shingled roof and a large, white steeple. The remainder of the U-shaped building has a flat roof. The enbre budding contains several, un~form w~ndows on both the upper and lower floors The proposed addibon ~s set back on the property so that it is in line w~th the back part of the ex~sbng budding The majority of the building ~s a two-story tan metal structure with a pitched, tan metal roof The large, rectangular building ~s masked by one-story add-ons on the front and northern s~de. The front of the addition includes Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 5 an extended, covered entrance w~th a p~tched, asphalt-shingled roof and brick columns. The pnnc~pal entrance of the addition ~s primarily glass and brick veneer. A one-story add-on ~s located ~n the front, adjacent to the covered entrance, and another one-story add-on ~s located on the north side, near the front. Both of these add-ons and the covered entrance have a red brick veneer exterior w~th a horizontal tan brick accent strip to match the color of the metal building The tan br~ck veneer ~s also used to create a cross symbol on the front columns. Landscape and Open Space · The front of the ex~sbng building contains several mature L~ve oak trees that will be preserved. · Street frontage landscaping wdl incorporate exisbng L~ve oaks and add more to complete the street frontage along Pleasure House Road and V~ctory Road · Interior parking lot and foundabon landscaping is shown to exceed Ordinance requirements Evaluation of Request The applicant's request for a church and preschool expansion ~s acceptable The church and associated preschool are well established at th~s Iocabon and are compatible with surrounding properties. The exisbng buildings and landscaping are very attracbve on this h~ghly v~s~ble property w~th frontage on three roadways. The proposed addition preserves the character and appearance of the ex~stmg church Although much of the additional space on the property ~s incorporated in the s~te plan, large green areas are preserved along the Northampton Boulevard street frontage, the front of the existing budding, the V~ctory Road frontage, and the rear property I~ne. Therefore, th~s apphcabon ~s recommended for approval, subject to the condibons I~sted below Conditions The s~te shall be developed as depicted ~n the submitted s~te plan enbtled, "Bayside Baptist Church - Family L~fe Center" dated 7/23/03 by MSA, P.C and as conditioned below. Standard s~te improvements beyond those shown on the s~te plan wdl be determined during detailed s~te plan rewew Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 6 , The building add~bon shall be constructed as depicted in the submitted two renderings enbtled, "BAYSIDE BAPTIST CHURCH Family L~fe Center" dated December 2002 by HBA, Ltd. and ~n the elevabons enbtled, "Bays~de Bapbst Church Family Life Center Addibon" dated 6/30/03 by HBA Ltd . All outdoor I~ghting shall be shielded to d~rect I~ght and glare onto the property; sa~d hghting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor I~ghting fixtures shall not be erected any higher than 14 feet. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 7 Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 8 Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 9 Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 10 Planning Commission Agenda August 13, 2003 BAYSlDE BAPTIST CHURCH / # 30 Page 11 Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 12 Planning Commission Agenda August 13, 2003 BAYSIDE BAPTIST CHURCH / # 30 Page 13 Planning Commission Agenda August 13, 2003 BAYSlDE BAPTIST CHURCH / g 30 Paso ~4 Applicant's Name: :~y_A!d_..e_~p_tist Church ....... List All Current Property Owners: T...~_s.t~_es; John C. W!!ls, C; .Dean Tate,=.R.._..Stuart Cake APPLICANT DISCLOSURE If the applicant is a CORPORATION, hst all officers of the Corporation below' (Attach list if necessa~) John C WilJs.,_T. ruste_~; C Dean ]'ate, Trustee;_R Stuart Cake, Trustee If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, llst all membem or partners in the organization below:. (Attach list if necessary) Check here if the applicant fs NOT a corporation, partnership, firm, or other unmc,'~rporated organization. If the applicant is not the current owner of the property, complete the Propef~ Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner Ds a CORPORATION, list all officers o[ the Corporation below. (Attach list tf n~cessary) If the property owner is a PARTNERSHIP, FIRM, Or other UNINCORPORATED ORGANIZATION, list all members or partners m the organization below: (Attach list [] Check here if the property owner ~s NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signature Print Name Conditional Use Permit Application Page 8 of 12 Planning Commission Agenda August '13, 2003 BAYSlDE BAPTIST CHURCH / # 30 Page 15 Item #30 Bayslde Baptist Church Conditional Use Permit 1920 Pleasure House Road District 4 Bayslde August 13, 2003 CONSENT Dorothy Wood: The next item is Item #30 and it is for Bayslde Baptist Church. An ordinance upon application of Bayslde Baptist Church for a Conditional Use Permit for a church and preschool, 1920 Pleasure House Road in the Bayslde Dlstrtct. That has three conditions. Mr Perry. Mike Perry: Good afternoon. My name is Mike Perry. I'm a local landscape architect representing the apphcant and we do agree on the conditions. Dorothy Wood: Thank you sir Is there any opposition to the Bayside Baptist Church? Ronald Rlpley: Mr Perry9 We understand that there was some discussion with the applicant and the City about changing the curb cut on Victory? M~ke Perry: That's correct. Yeah ~t was on V~ctory We had shown a proposed entrance on Victory and we were looking to relocate that down to Pleasure House Road but we are leaving that entrance as shown on the conceptual s~te plan. Ronald Rlpley: Okay. There's no misunderstanding about that then? Mike Perry: That is correct. Ronald Rlpley: Okay. Thank you. Dorothy Wood: Thank you. Gene, would you please comment on the Bayslde Baptist Church. Eugene Crabtree: Once again, we felt like the Use they are proposing for this property is a good use. They have agreed to leave some of the trees that are there already and plant more trees so environmentally they will be very good for the community The bmldlng that they're going to build will be compatible with the existing structures. I understand that sometime in the future the City ~s going to put sidewalks in the area so that the pedestrian traffic will be enhanced and will be able to use that area so we thought that th~s was a good consent item also Dorothy Wood. Thank you. Mr. Rlpley, I would move to approve number #30 with three conditions Ronald Rlpley So we have a motion by Dot Wood to approve. Do I have a second~ Seconded by Barry Knight. Mr Miller? Item #30 Bayslde Baptist Church Page 2 Robert Miller: I need to abstain from Item #30 My firm is working on that project. Ronald Rlpley. Are there any other abstentions9 Okay. Any discussion? Let's call for the question. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABS Ronald Rlpley: By a vote of 10-0 the motion carries with the abstention so noted. .,M~p ~-9 Ma INot to Sc~l~ Abundant Harvest Church CUP- Church ZONING HISTORY 1. 8-25-92- CONDITIONAL USE PERMIT (church)- Granted 9-8-86 - CONDITIONAL USE PERMIT (auto service stabon) - Granted 2. 4-14-98- CONDITIONAL USE PERMIT (small engine repair)- Granted 1-27-95 - CONDITIONAL USE PERMIT (church and related facilities) - Granted 10-10-00- CONDITIONAL USE PERMIT (church)- Granted 3 7-2-02 - ZONING CHANGE from R-5D to Conditional B-1 - Granted 4-8-03 - MODIFIED BY CONSENT for Conditional Zoning for Add~bonal Entrances - Granted 4. 4-27-93 - CONDITIONAL USE PERMIT (motor vehicle sales) - Granted 8-11-98 - CONDITIONAL USE PERMIT (automobile repair shop)- Granted 1-8-02 - DISCONTINUANCE, CLOSURE, AND ABANDONMENT OF A pOFtlOn of Old Providence Road - Granted 5 12-12-83 - CONDITIONAL USE PERMIT (car wash) - Granted 2-13-84- CONDITIONAL USE PERMIT (gas station/convenience store)- Granted 6 7-13-8'1 -CONDITIONAL USE PERMIT (telecommunlcabon tower and equipment building) - Granted '11-8-82 - ZONING CHANGE from R-5 to B-2 - Denied 3-2'1-83 - ZONING CHANGE from R-5 to O-1 - Granted CITY OF VIRGINIA BEACH AGENDA ITEM II II I I III II ITEM: Abundant Harvest Church - Conditional Use Permit MEETING DATE: September 23, 2003 · Background: An Ordinance upon Application of Abundant Harvest Church for a Cond~bonal Use Permit for a church on property located at 6037 Prowdence Road, Suite 1 (GPIN 14565314525530) DISTRICT 1 -CENTERVlLLE The purpose of th~s request is to operate a church ~n an ex~st~ng office building Considerations: The property currently contains an office building and ~s zoned B-2 Community Bus~ness D~stnct The apphcant holds church services and other church-related acbv~bes ~n the ex~st~ng building The church occupies the first floor of the ex~st~ng office building The second floor contains an eng~neenng office, realty office, and temporary service office The church has been operating at the s~te s~nce 1997, but was unaware of the Cond~bonal Use Permit requirement until recently ~nformed by the F~re Marshall's Office when the church's fire alarm went off The church holds services on Sunday mornings and evenings, Wednesday evenings, and Thursday mornings Approximately 50 people attend the Sunday morning service and 20 people attend the other services The church has an office that ~s open dunng typical bus~ness hours The Planning Commission placed th~s ~tem on the consent agenda because ~t ~s an ex~st~ng use and would not negabvely ~mpact surrounding uses Staff recommended approval There was no oppos~bon to the proposal Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve th~s request w~th the following conditions The unit shall be used for group gathenngs only dunng evenings between 6 00 p m and 9 00 p m, Thursday mornings between 11 00 a m and 12 30 p m, and Sundays between 8 00 a m and 9 00 p m Abundant Harvest Church Page 2 of 2 The applicant shall obtain all the necessary permits, ~nspect~ons, and approvals from the F~re Department and the Permits and Inspections D~v~s~on of the Planning Department before occupancy of the building Certificate of Occupancy for the use shall be obtained from the Permits and Inspections D~ws~on of the Planning Department 3 The use shall be administratively rewewed on an annual bas~s · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Locabon Map A Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manager:~Y~'- ABUNDANT HARVEST CHURCH / # 28 August 13, 2003 General Information: APPLICATION NUMBER: B09 - 212 - CUP - 2003 REQUEST: Conditional Use Permit for a church ADDRESS: 6037 Providence Road, Suite 1 H,~ Not to bc~[e Abundant Harvest Church R-SD GPIN: ELECTION DISTRICT: 14565314525530 1 - CENTERVILLE Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 1 SITE SIZE' 30,000 square feet STAFF PLANNER: PURPOSE: Ashby Moss To operate a church in an exisbng office building. Major Issues: · Compabb~lity w~th other uses in the office building, particularly in terms of available parking. Land Use, Zoning, and Site Characteristics: Existin.q Land Use and Zoning The property currently contains an office building and ~s zoned B-2 Community Bus~ness D~strict Surroundinq Land Use and Zoning North: South: East: West: · Across Providence Road, child care center and office uses / 0-2 Office D~stnct · Bank / B-2 Community Business District · Office / B-2 Community Business District · Television repair service and office uses / B-2 Community Bus~ness D~stnct Zoninq History A Conditional Use Permit for a church was approved ~n 1992 for the property west of the subject s~te. Th~s property does not share parking with the subject s~te Another church was approved ~n 1995 on property at the southeast corner of Indian R~ver Road and Providence Road A third church was approved ~n 2000 at the shopping center on the southwest corner of Indian R~ver Road and Level Green Boulevard. Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 2 Air Installation Compatible Use Zone (AICUZ) The s~te is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer C~ty water and sewer already serve the property. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Providence Road in the v~cmity of th~s appl~cabon is a four lane divided minor urban arterial. The MTP designates this facility as a 100-foot nght-of-way w~th d~vided travel lanes and a multi-use trail There are no projects to upgrade th~s roadway in the current adopted CIP. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use z_ 66 ADT Prowdence Road 20,000 ADT ~ 14,800 ADT ~ Proposed Land Use 3 _ Weekday - 55 ADT Sunday- 220 ADT Average Dady Trips 2 as defined by 6,000 square foot office 3 as defined by 6,000 square foot church Public Safety Police: No comment Fire and Rescue: · Fire code permits from the F~re Department will be required for "Assembly Occupancy." ° To be occupied as a place of assembly, additional building code requirements may be required ~n regards to fire protection, tenant separabon, and the means of egress. · A Certificate of Occupancy must be obtained from the Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 3 Building Official prior to occupancy. Comprehensive Plan The Comprehensive Plan Map designates th~s area for retail, service, office, and other uses compabble w~th commercial centers serving surrounding neighborhoods and commun~bes The land use pohc~es in the Comprehensive Plan also recognize the need for legitimate support uses that fulfill the needs and services of the adJacent community Summary of Proposal Proposal · The applicant proposes to hold church services and other church-related acbv~ties in the existing budding. The church has been operating at the site s~nce 1997, but was unaware of the Conditional Use Permit requirement until recently ~nformed by the Fire Marshall's Office when the church's fire alarm went off. The church holds services on Sunday mornings and evenings, Wednesday evenings, and Thursday mornings. Approximately 50 people attend the Sunday morning service and 20 people attend the other services. The church has an office that ~s open dunng typical business hours. · The church occupies the first floor of the exisbng office budding. The second floor contains an engineering office, realty office, and temporary service office Site Desiqn · The ex~sbng budding ~s rectangular and has a building footprint of 6,000 square feet. The budding ~s located close to the western property line. · A total of 42 parking spaces are d~stnbuted around three s~des of the building. Vehicular and Pedestrian Access · The property has a vehicular access point on Prowdence Road and can also be accessed from Depositor Lane through the adjacent bank property. · S~dewalks already ex~st along the property's Providence Road frontage. Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 4 Architectural Desiqn · The building ~s a two-story contemporary style structure w~th a red brick exterior on the first floor and tan EIFS (Exterior Insulated F~nish System) on the second story. The second story has a row of tinted w~ndows extending across the front and eastern side of the building. The front of the building ~ncludes a brick sem~-circular tower feature, which extends to the second floor. Landscape and Open Space · Although some landscaping is present w~thin the s~te, overall landscaping does not meet requirements s~nce ~t was developed prior to the adopbon of the landscape requirements. · The presence of just a few mature trees on and around the s~te softens the lack of required landscaping. Evaluation of Request The application for a Condibonal Use Permit for a church ~s acceptable. The proposed church is compatible with the other uses in the office budding and will not negatively affect neighboring properbes Gathenng bmes are I~m~ted to off-bus~ness hours w~th the excepbon of Thursday mornings, during which a one-hour prayer service ~s held However, attendance is typically Iow for th~s service, and th~s has not presented a problem to date Therefore, Staff recommends that th~s proposal be approved subject to the conditions listed below' Conditions The unit shall be used for group gathenngs only during evenings between 6'00 p.m and 9.00 p m., Thursday mornings between 11.00 a m. and 12:30 p.m, and Sundays between 8'00 a m and 9 00 p.m. . The applicant shall obtain all the necessary permits, ~nspections, and approvals from the F~re Department and the Permits and Inspecbons D~vis~on of the Planning Department before occupancy of the building A Certificate of Occupancy for the use shall be obtained from the Permits and Inspecbons Diws~on of the Planning Department. 3. The use shall be admin~strabvely reviewed on an annual basis Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 6 J ,037 Providence Road FL.. 2i 10 I Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 7 Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH / # 28 Page 8 Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH I # 28 Page 9 Z Z Z D~C:LOSU RE STATEME~ Applicant's Name. PASTOR W JOE WARREN List All Current Property Owners. IZAAK D. GLASSER PROPERTY OWNER DISCLOSURE If the property owner ~s a CORPORATION, list all ofhcers of the Corporation below' (Attach list ~f necessaw) N/A If the property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the orgamzatmn below: (Attach list if necessary) N/A Check here ~f the property owner is NOT a corporation, partnership, firm, or other unincorporated orgamzabon If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach//st/fnecessary) N/A ...... i ? If the property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners in the orgamzation below: (Attach Itst tf necessary) N/A RI Check here ~f the property owner is NOT a corporation, partnership, firm, or other unincorporated orgamzat~on CERTIFICATION. ! certify that the information contained herein is true and accurate. .. ,L? -)7,~.x IZAAKD. GLtMSSER Si~~ ' Print Name ~ .: ;:: -- _: · . : [ .... ,.!~ ,... ,,., , . . · ............... : :' ...... '~:':~"'"!!,,~lI , rnr 3 'lit : :: :7 . Conditional Use Permit Apphcabon Page 8 of t2 Planning Commission Agenda August 13, 2003 ABUNDANT HARVEST CHURCH I # 28 Page 10 Item//28 Abundant Harvest Church Conditional Use Permit 6037 Providence Road, Suite 1 District 1 Centervllle August 13, 2003 CONSENT Dorothy Wood. Number #28 is Abundant Harvest Church. It's an ordinance upon application of Abundant Harvest Church for a Conditional Use Permit for a church on property located on Providence Road in the Centervllle District with three conditions. Yes sir. Pastor Joe Warren. Good morning. I'm Pastor Joe Warren of Abundant Harvest Church and we agree to those three conditions. Dorothy Wood: Thank you sir. Is there any objection to Item #28, Abundant Harvest Church an application for a Conditional Use Permit9 Hearing none. Mr. Crabtree, would you please comment on that Eugene Crabtree: Thank you. We felt that a Conditional Use for a church in this particular building would not interfere with any other offices or any of the other uses of this particular building. And at the time the church would be utilizing the bmld~ng it would be a low use by the other businesses. Therefore, there would be no conflict between them and the other businesses as far as parking was concerned and the church is limiting the number or people in the groups that are there dunng the period of time when the businesses may be open. Therefore, we felt like it was ideal for consent agenda. Dorothy Wood. Thank you Mr. Rlpley, I would move to approve number #28 with three conditions. Ronald Rlpley' So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE Item #28 Abundant Harvest Church Page 2 WOOD AYE Ronald Rlpley: By a vote of 11-0 the motion carries. 1-05 to Scole Great Neck Ba Church Gpm 2408-03-0944 ZONING HISTORY 1. 715/66-CONDITIONAL USE PERMIT (church)- Granted 5113/68- CONDITIONAL USE PERMIT (church addn)- Granted 3/14/95 - CONDITIONAL USE PERMIT (church addn) - Granted 2. 5112/66- CONDITIONAL USE PERMIT (church) - Granted 5~5~72 - CONDITIONAL USE PERMIT (church addn) - Granted 2~7~92- CONDITIONAL USE PERMIT (preschool)- Granted 3. 8/9182- CONDITIONAL USE PERMIT (church addn)- Granted 7/7/92- CONDITIONAL USE PERMIT (preschool)- Granted CITY OF VIRGINIA BEACH AGENDA ITEM III ITEM: Great Neck Baptist Church - Conditional Use Permit MEETING DATE: September 23, 2003 · Background: An Ordinance upon Apphcabon of Great Neck Baptist Church for a Cond~bonal Use Permit for a church (expansion) on property located at 1020 General Jackson Drive (GPIN 2408030944). DISTRICT 5- LYNNHAVEN Considerations: The applicant ~s requesbng to construct a 15,000 square foot addition on the east s~de of the sanctuary to be used as a multi-purpose family I~fe center A future add~bon of thirty-two (32) parking spaces is also shown on the s~te plan. No addibonal parking ~s required as a result of the add~bon of the family I~fe center. The architectural elevabons for the building addition depict a brick structure w~th details to match the ma~n sanctuary building The expansion meets all setback and lot coverage requirements of the City Zoning Ordinance and the design ~s ~n keeping w~th the main sanctuary building. The addition of a family hfe center to the exisbng church ~s not anbcipated to have any negabve impacts on the surrounding area. The Planning Commission placed this ~tem on the consent agenda because ~t was felt that the use would complement the residenbal character of the area. Staff recommended approval. There was no oppos~bon to the request Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve th~s request with the following cond~bons When the property is developed, it shall be developed substantially as shown on the s~te plan entitled "Concept Plan, Proposed Building Expansion, Great Neck Bapbst Church", dated June 24, 2003, prepared by Gallup Surveyors and Engineers, which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file w~th the V~rg~n~a Beach Department of Planning Great Neck Bapbst Page 2 of 2 The building shall be constructed substanbally as shown on the elevation entitled "Great Neck Baptist Church Famdy Life Center" dated January 21, 2003, which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file with the Virginia Beach Department of Planning , Foundabon landscaping for the new addition shall be ~nstalled along the north and south s~des of the building ~n accordance w~th ordinance requirements. Prior to a certificate of occupancy being granted for the new building, a landscape buffer planted with 8'-10' Leyland Cypress ~s required to be ~nstalled along the eastern property line as shown on the site plan Attachments: Staff Review D~sclosure Statement Planning Commission Minutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department . City Manager~ /~-, GREAT NECK BAPTIST CHURCH / # 37 August 13, 2003 General Information: APPLICATION NUMBER: 105-211-CUP-2003 REQUEST: Cond~bonal Use Permit for Church (expansion) ADDRESS: 1020 General Jackson Drive ~lap 1-05 Ho Not ~cole Great Neck Ba Church Gp~. 2408-~3-0944 GPIN' ELECTION DISTRICT: 24080309440000 5 - LYNNHAVEN SITE SIZE 4.6 acres Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH I # 37 Page 1 STAFF PLANNER: PURPOSE: APPLICATION HISTORY: Barbara Duke To construct a 15,000 square foot famdy I~fe center. Th~s ~tem was deferred at the June 11 hearing to provide the applicant bme to respond to concerns of adjoining property owners The applicant has met w~th the adjoining neighbors and has submitted a revised s~te plan to address their concerns The revised plan shows a landscape buffer planted w~th 8'-10' Leyland Cypress along the east s~de of the property. In add~bon, the rewsed plan notes that there will be no outside mechanical equipment on the south or east s~de of the budding Major Issues: · Degree to which the proposal is compabble w~th the surrounding area. Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoning There ~s an ex~st~ng church building and associated parking on the s~te. The site ~s zoned R-20 Res~denbal District Surrounding Land Use and Zoning North: South: East: West: · Single-Family Homes / R-20 Res~denbal D~str~ct · S~ngle-Fam~ly Homes / R-20 Res~denbal D~str~ct · S~ngle-Family Homes / R-20 Res~denbal D~stnct · Trantwood Elementary School/R-20 Residential D~stnct Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 2 Zoninq History A church was established on the subject s~te ~n 1966 Several other churches have also been established ~n the surrounding area Zoning acbons on the s~te are I~sted below 7~5~66- CONDITIONAL USE PERMIT (church)- Granted 5113/68- CONDITIONAL USE PERMIT (church expansion)- Granted 3/14195- CONDITIONAL USE PERMIT (church expansion)- Granted Air Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer The site is currently served by C~ty water and sewer. Transportation No impact anticipated. There should be no addibonal traffic generated by this addibon Public Safety Police: Fire and Rescue: Adequate - no further comments Adequate - no further comments. Comprehensive Plan The Comprehensive Plan ~denbfles th~s area as a stable residential area where non- residential uses should serve the neighborhood and be designed to complement the residenbal character Summary of Proposal Proposal The applicant ~s requesbng to construct a 15,000 square foot add~bon on the east side of the sanctuary to be used as a mulb-purpose family life center. A Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 3 future add~bon of thirty-two (32) parking spaces ~s also shown on the site plan No add~bonal parking is required as a result of the add~bon of the family hfe center The architectural elevations for the building addition depict a brick structure w~th detads to match the mare sanctuary building. The roof on the new building w~ll be a p~tched metal roof and w~ll not match the exisbng roof on the sanctuary building, which is gray asphalt shingles. Evaluation of Request The request to expand the ex~sting church on the s~te ~s recommended for approval. The expansion meets all setback and lot coverage requirements of the zoning ordinance and the design is ~n keeping with the main sanctuary building The addition of a family life center to the existing church ~s not anticipated to have any negabve ~mpacts on the surrounding area. The Conditional Use Permit for a church expansion is recommended for approval w~th the following condibons. Conditions 1. When the property ~s developed, ~t shall be developed substanbally as shown on the s~te plan enbtled "Concept Plan, Proposed Building Expansion, Great Neck Bapbst Church", dated June 24, 2003, prepared by Gallup Surveyors and Engineers, which has been exhibited to the Virginia Beach C~ty Council and is on file w~th the Virginia Beach Department of Planning . The budding shall be constructed substanbally as shown on the elevabon enbtled "Great Neck Bapbst Church Family L~fe Center" dated January 21,2003, which has been exhibited to the Wrg~n~a Beach City Council and ~s on file w~th the V~rg~n~a Beach Department of Planning 3 Foundation landscaping for the new addition shall be installed along the north and south s~des of the building ~n accordance w~th ordinance requirements. Prior to a certificate of occupancy being granted for the new building, a landscape buffer planted with 8'-10' Leyland Cypress ~s required to be ~nstalled along the eastern property line as shown on the s~te plan Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 5 I% % Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 6 E Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 7 '%¢, Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 8 Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 9 Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 10 DISCLOSURE STATEME~?~ I Applicant's Name' Great Neck Baptist Church List All Current Property Owners' Great Neck Baptist Church PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, hst all officers of the Corporation below: (Attach list ~f necessary) If the property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach I~st if necessary) r-! Check here ~f the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. ff the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach//st if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners ~n the organization below: (Attach hst tf necessary)/~o~vvt¢~ /~6 ~/~'~ ) h-r'~jI !-I Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION, I certify that the information contained herein is true and accurate. / Signature / Print Name Conditional Use Permit Apphcabon Page 8 of 12 Planning Commission Agenda August 13, 2003 GREAT NECK BAPTIST CHURCH / # 37 Page 11 Item #37 Great Neck Baptist Church Conditional Use Permit 1020 General Jackson Drive District 5 Lynnhaven August 13, 2003 CONSENT Dorothy Wood: The next item is Item #37, the Great Neck Baptist Church. It's an ordinance upon apphcatlon of Great Neck Baptist Church for a Conditional Use Permit for a church expansion on General Jackson Drive in the Lynnhaven District. Bruce Gallup: Good afternoon. My name is Bruce Gallup. I'm an engineer for the church. We have read the conditions and are in agreement w~th them Dorothy Wood: Thank you Mr. Gallup. Is there any objection to the Great Neck Baptist Church on General Jackson Drive with four conditions? Heanng none. Mr. Strange, would you please comment on that? Joseph Strange: Sure. The major issue here is the degree in which the proposal is compatible with the surrounding area. This item was deferred from the June 11 th heanng to provide the applicant with time to respond to some of the concerns of the adjoining property owners The applicant met with the adjoining neighbors and has submitted a revised site plan. The revised plan shows a landscape buffer planted with 8-10 feet Leyland Cypress along the east side of the property. In addition, the revised plan notes there will be no outside mechanical equipment on the south or east side of the building. This proposal will create no additional traffic and the Comprehensive Plan identifies this area as a stable residential area where non-residential uses should serve the neighborhood and be designed to compliment the residential character and we feel that it meets the requirement. Dorothy Wood: Thank you Mr. Rlpley, I would move to approve number #37 with four conditions Ronald Rlpley' So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE Item #37 Great Neck Baptist Church Page 2 RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald R~pley: By a vote of 11-0 the motion carries. Mc~p No~ to ~ca e Sharon Golesh aG-I CUP- Horse Boarding & Instructmn Outdoor Recreational Facihty ZONING HISTORY 8/11/98- CONDITIONAL USE PERMIT (Commun~cabon Tower)- Granted 12/11/90- CONDITIONAL USE PERMIT (Communmabon Tower)- Granted 9~25~90 - CONDITIONAL USE PERMIT (Single Family Dwelling) - Granted 2 11126191 -CONDITIONAL USE PERMIT (Board Horses)- Granted rlllll CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sharon Golesh -Conditional Use Permit MEETING DATE: September 23, 2003 · Background: An Ordinance upon Appl,cat~on of Sharon Golesh for a Cond~bonal Use Permit for a riding academy, horses for h~re and boarding and a recreabonal facd~ty of an outdoor nature (riding camp) on property located at 2508 West Landing Road (GPIN 1492947133) DISTRICT 7 - PRINCESS ANNE Considerations: The applicant ,s proposing to board horses, offer riding ~nstruchon and operate an equestrian camp dunng the summer months on the 100-acre farm The applicant also ~ntends to construct a 54-stall barn (approximately 200 by 100 feet) and an outdoor riding nng/arena Horseback riding lessons w~ll be offered dunng the weekday and weekends dunng daylight hours The horse boarding and ~nstruct,on operabon w~ll necessitate the h~nng of perhaps three (3) employees There ~s an ex~sbng small tangle-family dwelling on the property that may ultimately be replaced or modified to accommodate up to 20 children for an overnight equestrian-oriented summer camp The camp ~s proposed as a future use, but posmbly as early as next summer The Planning Commission placed th~s ~tem on the consent agenda because the proposal ~s compabble w~th surrounding land uses Staff recommended approval There was no opposition to the request Recommendations: The Planning Commission passed a mohon by a recorded vote of 11-0 to approve th~s request w~th the following condmons The operation of the equestrian camp, ~nclud~ng but not I~m~ted to food serwce, lodging fac~lmes, ~ndoor classrooms and k~tchens shall meet all Health Department and Building Code requirements Sharon Golesh Page 2 of 2 · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Department/Agency: Planning Department Submitting City Manager~W'~'~ ~'~-- '~~¥~z'' SHARON GOLESH / # 21 August 13, 2003 General Information: APPLICATION NUMBER: 115-210-CUP-2003 REQUEST: Cond~bonal Use Permit for horse boarding and instrucbon and equestrian camp ADDRESS: 2508 West Landing Road ~'". '-" Sharon Golesh Hop No:[ to Scale CUP - Horse Boarding ~ InstntCltOn Outdoor R~reatzonal bactlt(y GPIN' ELECTION DISTRICT: SITE SIZE' 14929471330000 7 - PRINCESS ANNE +/-100 acres Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 1 STAFF PLANNER: PURPOSE: Carolyn A K Smith To board horses, to provide riding instruction and to operate a horse riding camp. Major Issues: · Degree to which the proposal ~s compabble w~th the surrounding area Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq There ~s an exisbng s~ngle-fam~ly dwelling on the property. The applicant has recently submitted an application to the C~ty's Agricultural Reserve Program Approximately 50 acres ~s pasture wh~le the remaining 50 acres ~s wooded The property is zoned both AG-1 and AG-2 Agricultural D~stncts Surroundin,q Land Use and Zoning North: South: East: West: · Agricultural fields ~n the Agricultural Reserve Program / AG-1 Agricultural D~stnct · West Landing Road, fields, single-family dwellings / AG-1 & AG-2 Agricultural D~stncts · S~ngle-fam~ly dwellings, woods, field / AG-1 & AG- 2 Agricultural D~stncts · Agricultural fields in the Agricultural Reserve Program / AG-1 Agricultural D~stnct Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 2 Zoninq History On a parcel to the east, a s~m~lar request was approved by C~ty Council ~n 1991 to board horses on that property No other comparable requests are ~n the wc~n~ty Air Installation Compatible Use Zone (AICUZ) The site ~s ~n an AICUZ of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer C~ty water or sewer services are not available ~n th~s area of the C~ty. Transportation Under Agriculture zoning, the 100-acre parcel ~s projected to have 50 average daily trips By adding the summer equestrian camp, the average dady trips rise to 220 at the times the camp ~s ~n session. West Landing Road ~n the vicinity of this application ~s considered a two (2) lane und~wded rural roadway. No traffic counts are available for this road It is not designated on the Master Transportabon Plan and there are currently no CIP projects to upgrade this roadway. Comprehensive Plan The Comprehensive Plan recognizes this area as Agricultural/Rural w~th uses related to farming, forestry, rural res~denbal and other rurally compabble uses. Summary of Proposal Proposal · The applicant ~s proposing to board horses, offer riding ~nstruction and operate an equestrian camp dunng the summer months on the 100-acre farm. All of these uses require a Conditional Use Permit Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 3 Site Desiqn · The applicant ~s proposing to construct a 54-stall barn (approximately 200 by 100 feet) and an outdoor nding nng/arena There ~s an ex~sbng small s~ngle-fam~ly dwelling on the property that may ulbmately be replaced or modified to accommodate up to 20 children for an overnight equestrian-oriented summer camp The camp ~s proposed as a future use, but possibly as early as next summer. Other structures on the s~te include running and loafing sheds (small barn that is built ~ns~de a pasture or paddock area that enables the horses to get out of the rain or hot sun) Vehicular Access · Access to the site is prowded wa West Landing Road where there ~s approximately 326 feet of frontage Architectural Desiqn · The proposed barn w~ll be a prefabricated metal structure. · No details are available concerning mod~flcabons to the existing single-family dwelling Landscape and Open Space · The applicant has recently submitted an appl~cabon to the C~ty for ~nclus~on ~nto the Agricultural Reserve Program (ARP). The acbwbes associated w~th this request are compabble w~th the goals of the ARP Evaluation of Request Th~s request for a Cond~bonal Use Permit for boarding horses, offenng riding ~nstruction and operabng an equestrian camp dunng the summer months ~s acceptable subject to the cond~bon below There ~s an ex~sbng s~ngle-fam~ly dwelling on the property that the applicant plans to modify or rebuild to accommodate up to 20 children for an overnight equestrian camp Horseback riding lessons w~ll be offered dunng the weekday and weekends dunng Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 4 daylight hours. The horse boarding and ~nstrucbon operabon w~ll necessitate the h~nng of perhaps three (3) employees The applicant has recently submitted an appl~cabon to the C~ty's Agricultural Reserve Program The large farm to the north currently has th~s des~gnabon. The requested uses are all compabble w~th surrounding properbes and ex~sbng uses The request ~s recommended for approval subject to the following cond~bon Conditions The operabon of the equestrian camp, including but not limited to food service, lodging facilities, ~ndoor classrooms and kitchens shall meet all Health Department and Building Code requirements. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 5 Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 6 Planning Commission Agenda August 13, 2003 SHARON GOLESH I # 21 Page 7 Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 8 Applicant's Name. List All Current Property Owners. APPLICANT DISCLOSURE If the apphcant Js a CORPORATION, hst all officers of the Corporahon below: (Attach hst if necessary) If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, llst all members or partners ~n the organization below: (Attach list /f necessary) i~l"Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. if the applicant is not the current owner of the property, complete the Property Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner ~s a CORPORATiON, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [~/Check here ~f the property owner ~s NOT a corporabon, partnership, firm, or other umncorporated orgamzabon CERTIFICATION' ! certify that the information contained herein is true and accurate. Signature ' ) Print Name Cond~tlonal Use Permit Apphcahon Page 8 of 12 Planning Commission Agenda August 13, 2003 SHARON GOLESH / # 21 Page 9 Item #21 Sharon Golesh Conditional Use Permit 2508 West Landing Road District 7 Princess Anne August 13, 2003 CONSENT Dorothy Wood: The next item is Item #21 for Sharon Golesh with one condition. It is an application of Sharon Golesh for a Conditional Use Permit for a riding academy, horses for hire and boarding and a recreational facility of an outdoor nature. It's on West Landing Road in the Princess Anne District with one condition Sharon Golesh: Good afternoon. My name is Sharon Golesh. And, I've read the condition and I agree. Dorothy Wood: Thank you. Is there any opposition to Item #21 for a riding academy? Heanng none. Mr Horsley would you please comment on that? Donald Horsley: Yes ma'am, very briefly The horse industry is one of the largest growing industries tn our agriculture section in the city. And I'm pleased to see that Ms. Golesh is proceeding with the segment of the industry with this riding Conditional Use Permit for boarding horses and riding academy fits very well into the area that she lives in. The 54 stall barn that she plans to construct in the renovations to a existing house for the children in the camp will be a good addition for the character of the neighborhood and we look forward to seeing you prosper in your new venture. Sharon Golesh: Thank you. Dorothy Wood. Mr. Rlpley, I would move to approve number #21 with one condition Ronald Rlpley: So we have a motion by Dot Wood to approve. Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE Item//21 Sharon Golesh Page 2 STRANGE AYE WOOD AYE Ronald R~pley: By a vote of 11-0 the motion carries. Map J-!l M~p Not ~o Scale T-Mobile CUP - Tower ZONING HISTORY 1. 6/13183 - ZONING CHANGE from AG-1 to R-8 - Granted 2 4/11177- ZONING CHANGE from R-3 Res~denbal to R-5 Res~denbal- Granted 3 10/13/98- CONDITIONAL USE PERMIT for communication tower- Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Omnipoint/T- Mobile - Conditional Use Permit MEETING DATE: September 23, 2003 · Background: An Ordinance upon Appl~cabon of Omnipo~nt/T-Mobde for a Cond~bonal Use Permit for a communicabon tower on property located at 2287 W~ndy P~nes Bend (GPIN 2404698088). DISTRICT 7- PRINCESS ANNE The purpose of this request ~s to construct a tower for wireless communication antenna w~th~n a Dominion V~rg~n~a Power ublity tower. The commun~cabon tower w~ll be 124 feet ~n height, 15 feet h~gher than the top of the utility tower Considerations: The Dominion V~rg~n~a Power transmission line is located w~thin a 120-foot w~de easement between s~ngle-famdy res~denbal lots in the P~ne R~dge neighborhood. The lots surrounding th~s easement are zoned R-10 Residential D~str~ct. A Conditional Use Permit for a s~m~lar communication tower along the same transmission hne, approximately 800 feet to the east of the subject s~te was approved by City Council in 1998 The applicant has sufficiently demonstrated the need for the proposed tower and the lack of suitable alternabves The ex~sting communication tower to the east ~s not available for co-locabon because the design of the structure within the ubl~ty tower precludes co-location opportunibes. The applicant has prowded the required reports for structural elements and esbmated radiation levels (NIER) Both of these reports state that the tower w~ll meet the current federal standards estabhshed for communication towers. The antenna will extend 15 feet above the utility tower and the width of the antenna does not exceed the w~dth of the ubl~ty tower. The equipment boxes at the base of the tower w~ll be screened w~th Wax Myrtle shrubs The tower does not meet the required setbacks of 200 feet from a res~denbal structure or fifty feet from the right-of-way for W~ndy P~nes Bend due to the fact that the ex~sbng Dominion Power tower, which was built prior to the neighborhood of P~ne R~dge being developed, fixes the Iocabon A variance from the required setbacks must be granted by the Board of Zoning Appeals to construct th~s tower. Omn~po~nt / T-Mobile Page 2 of 3 The Planning Commission placed this item on the consent agenda because ~t will be constructed ~n an ex~sbng Dominion Power right-of-way and it wdl enhance cellular service ~n th~s area Staff recommended approval. There was no opposibon to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve th~s request with the following conditions: · A variance to the required setbacks must be sought from the Board of Zoning Appeals. If the variance is not granted, this Conditional Use Permit wdl be null and void. The tower must be constructed substantially ~n conformance with the site plan enbtled "Vepco Penmngton, VA30447A" prepared by Draper Aden Associates and dated May 13, 2003. o A landscape hedge consisbng of Wax Myrtle shrubs planted five feet on center shall screen the equipment at the base of the tower. . Unless a waiver ~s obtained from the City of Virginia Beach Department of Commun~cabons and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a quahfled engineer I~censed to pracbce ~n the Commonwealth of Virginia, showing that the ~ntended user(s) w~ll not interfere w~th any C~ty of V~rgin~a Beach emergency communication facihties, shall be provided prior to s~te plan approval. In the event ~nterference w~th any C~ty emergency commun~cabons facilities arises from the user of this tower, the user shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable bme, the user shall ~mmediately cease operation to the extent necessary to stop the interference. . Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment Attachments: Staff Review D~sclosure Statement Planmng Commission Minutes Locabon Map Omn~point / T-Mobde Page 3 of 3 Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department ~ City Manager~ ~... ,~~'~ OMNIPOINT/T-MOBILE / # 25 August 13, 2003 General Information: APPLICATION NUMBER: J11-213-CU P-2003 REQUEST: Conditional Use Permit for communications tower ADDRESS' 2287 W~ndy Pines Bend Map ]-11 H~p Not to Sca~e T-Mobile AG-I CUP - Tozoe~ GPIN: ELECTION DISTRICT: 24046980880000 7 - PRINCESS ANNE SITE SIZE: 476 square feet Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 1 STAFF PLANNER: PURPOSE: Barbara Duke To construct a tower for wireless communication antenna w~thin a Dominion Virginia Power utility tower. The commun~cabon tower will be 124 feet ~n height, 15 feet h~gher than the top of the ubl~ty tower. Major Issues: There must be an ~dentified need for service in the area and satisfactory evidence that there is a lack of space on suitable ex~sbng towers, buildings or other structures to locate proposed antenna The proposed location of the tower must be unobtrusive and must not substantially detract from aesthebcs or neighborhood character. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The Dominion V~rgin~a Power transmission I~ne is located w~th~n a 120 foot wide easement between s~ngle-fam~ly res~denbal lots ~n the Pine R~dge neighborhood The lots surrounding th~s easement are zoned R-10 Residenbal D~strict Surroundinq Land Use and Zonin_q North: South: East: · S~ngle-Family Homes / R-10 Residential District · S~ngle-Family Homes / R-10 Residential D~stnct · W~ndy Pines Bend Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 2 West: · S~ngle-Famdy Homes / R-10 Residenbal District Zoning History A Conditional Use Permit for a s~m~lar communicabon tower along the same transmission line, approximately 800 feet to the east of the subject s~te was approved by C~ty Councd ~n 1998. Air Installation Compatible Use Zone (AICUZ) The site ~s ~n an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. Public Facilities and Services Capital Improvement Proqram Th~s request has no ~mpact on the Capital Improvement Program Public Safety Police: The applicant ~s encouraged to contact and work w~th the Crime Prevenbon Office w~th~n the Police Department for crime prevention techniques and Crime Prevention Through Enwronmental Design (CPTED)concepts and strategies as they pertain to this s~te. Fire and Rescue: An all weather road surface must be provided for Fire Department access Security for ~ngress/egress must be approved by the Fire Marshal so that F~re Department access ~s not obstructed. Comprehensive Plan The Comprehensive Plan recognizes this area as a stable residential community. The ex~sting neighborhood character must be protected at all times from inappropriate land use intrusion that does not prowde a leg~bmate purpose to the surrounding community. Site Plan / Conformance with Section 232 · The applicant has sufficiently demonstrated the need for the proposed tower and the lack of suitable alternabves The ex~sbng commun~cabon tower to the east Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 3 that ~s s~milar ~n design and located w~th~n a utility tower ~s not available for co- Iocabon because the design of the structure w~thin the utility tower precludes co- Iocabon opportun~bes The proposed tower will be located in an area where it will be unobtrusive and w~ll not substanbally detract from aesthebcs or neighborhood character. The antenna will extend 15 feet above the ublity tower and the w~dth of the antenna does not exceed the w~dth of the ubl~ty tower The equipment boxes at the base of the tower wdl be screened w~th Wax Myrtle shrubs. The apphcant has provided the required reports for structural elements and esbmated radiation levels (NIER). Both of these reports state that the tower meet the current federal standards established for communicabon towers. The tower does not meet the required setbacks of 200 feet from a residential structure or fifty feet from the right-of-way for Windy Pines Bend due to the fact that the ex~sbng Dominion Power tower, which was built prior to the neighborhood of P~ne R~dge being developed, fixes the location. A variance from the required setbacks must be granted by the Board of Zoning Appeals to construct th~s tower. Evaluation of Request The request for a 124 foot tall wireless communicabon tower w~th~n the Dominion V~rginia Power ubl~ty tower ~s acceptable. The tower ~tself w~ll be ~ntegrated ~nto the utdity structure and the equipment at the base will be screened w~th Wax Myrtle shrubs. The add~bonal antennae wdl ~mprove cellular phone serwce ~n the surrounding community It is recommended that the request for a Cond~bonal Use Permit for a 124 foot tall w~reless communication tower be approved subject to the following conditions. Conditions . A variance to the required setbacks must be sought from the Board of Zoning Appeals If the variance ~s not granted, th~s Cond~bonal Use Permit w~ll be null and void The tower must be constructed substantially ~n conformance with the site plan enbtled "Vepco Pennington, VA30447A" prepared by Draper Aden Associates and dated May 13, 2003, except that the fence shown on the s~te plan shall not be ~nstalled at the base of the tower Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 4 . A landscape hedge cons~sbng of Wax Myrtle shrubs planted five feet on center shall screen the equipment at the base of the tower. . Unless a waiver ~s obtained from the C~ty of Virginia Beach Department of Communicabons and Informabon Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a quahfied engineer licensed to practice ~n the Commonwealth of Virginia, showing that the ~ntended user(s) w~ll not interfere with any C~ty of V~rgm~a Beach emergency communication fac~l~bes, shall be prowded prior to s~te plan approval. In the event ~nterference with any City emergency communications facihbes arises from the user of th~s tower, the user shall take all measures reasonably necessary to correct and eliminate the ~nterference. If the ~nterference cannot be ehminated within a reasonable bme, the user shall immediately cease operabon to the extent necessary to stop the ~nterference. , Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 5 x~o 1,35' Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 6 124' TO TOP OF TOWER,, ,ELEVATION NO' TO SC'~LE Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 7 Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 8 Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 9 Applicant's Name: ~~__~~~~ .......... List All Current Property Owners: J~b_ _~,'~ ~ M-~.z~J~---;_-/Z ~..e-~_, ....... PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ~ If the-property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ONGANIZA'I'ION, list all members or partners ~n the organization below. /f necessary) ~r Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization, ff the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ?: r~ob~ lc' If the property owner is,a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners in the organization below: (Attach list if necessary) 1-1 Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION' I certify that the information contained herein is true and accurate. Print Name Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / # 25 Page 10 Pelt VoiceStream® Wireless Fact Sheet H~dqn. m'te.r~ IvLis~ion: Cove~ed FOPs:. T~xnoto~y 1994 2,1l~ nai=tonwide V~eun cttrrentl¥ ~ PCS serum in Sesttle md 5pokam, Wmh.; Porilmd. Or~.; l~tse, Idaho; Salt La.ka Ot?, Utah; Phomix, Ariz.; Denver, Cola.; Honolulu, Iiaw~t; Albuquerque, N.M4 El Puo, Texm; Des M~tnes, Iow~ Ok, laha~ C. tty ~ Tu. Lsa, OklL; WicMt~ Ir, an., mci CE~, Wya. Planning Commission Agenda August 13, 2003 OMNIPOINT/T-MOBILE / ft 25 Page 11 Item #25 Omnlpolnt/T-Mobde Conditional Use Penmt 2287 Windy Pines Bend District 7 Pnncess Anne August 13, 2003 CONSENT Dorothy Wood: The next item is Item #25, Omnlpolnt/T-Mobde. It's an application of Omnlpolnt/T-Mobde for a Conditional Use Permit for a communication tower on the property located on Windy Pines Bend, Princess Anne District. Mr. Gambrell. Bill Gambrell' Ms. Wood. My name is Bill Gambrell and I represent the applicant this case. I think there's a modification to one of the conditions. Dorothy Wood: Yes there was. Bill Gambrell: And that would be to eliminate the fence requirement. We are ongoing working with the neighbors to make this the best application we can. We appreciate also being on the consent agenda. Dorothy Wood: And you've read the six conditions and you agree with them? Bill Gambrell. Yes ma'am. Robert Miller: You said to eliminate the fence? Bill Gambrell' I'm sorry. To eliminate the condition that requires the fence. Thank you Mr. Miller. Ronald Rlpley: It doesn't require a fence? Robert Miller: It does require a fence. Bill Gambrell. Correct. I'm sorry. Dorothy Wood: Would you please state that again for the record Bill Gambrell. How about if I read the condition the way I understand that it was written? "The tower must be constructed substantially in conformance with the site plan entitled "Vepco Penmngton, VA30447A, prepared by Draper Aden Associates and dated May 13, 2003" Is that correct9 Dorothy Wood. Yes. Thank you sir Is there any objection Item #25 for Omnlpolnt/T- Mobile on Windy Pines Bend9 Hearing none Mr. Horsley. Item #25 Omnlpolnt/T-Mob~ le Page 2 Donald Horsley: Mr. Gambrell's group has done a good job because we've even got letters of support from the neighborhood on this and they nestled this tower in amongst the power lines of the Dominion Power right-of-way and we feel that it will emhance the cellular service in that area so we think it needs approval. Dorothy Wood: Thank you. Mr. Rlpley, I would move to approve number #25 with six conditions. Ronald Rlpley: So we have a motion by Dot Wood to approve Do I have a second? Seconded by Barry Knight. Any discussion? Let's call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Rlpley: By a vote of 11-0 the motion carries. Map G-6 Mop No~ to Scale Cordie L. Martin CUP Family care home (home daycare) ZONING HISTORY 1. 6-22-81 - ZONING CHANGE from R-6 to A-2 - Denied 7-12-82- ZONING CHANGE from R-6 to R-8- Granted AGENDA ITEM ITEM: Cordie L. Martin- Conditional Use Permit MEETING DATE: September 23, 2003 · Background: An Ordinance upon Application of Cord~e L Martin for a Conditional Use Permit for a family care home (home daycare) on property located at 3520 Sandy Point Key (GPIN 1487680406) DISTRICT 5-LYNNHAVEN The purpose of th~s request ~s to operate a home daycare for up to 10 children Monday through Saturday between the hours of 6 00 a m and 6 00 p m Considerations: The property ~s currently used as a single-family residence and a home daycare for five children The property ~s zoned R-7 5 Res~denhal D~stnct The applicant requests to provide care for up to 10 children ~n her home Monday through Saturday between the hours of 6 00 a m and 6 00 p m The V~rg~n~a Department of Social Services has already issued a I~cense to the applicant to care for up to 12 children The applicant proposes to have one employee on a part-time bas~s The applicant's teenage daughter w~ll also be employed to prowde care for the children on a part-time bas~s Although there is only one stra,ght dr,veway for the home, there ~s ample space for on-street parking ~n front of the house for p~ck-ups and drop-offs The applicant w~ll require parents to pull ~n to her driveway to turn around rather than turning around ~n the cul-de-sac The applicant w~ll also enforce other rules for parents to m~t~gate d~sturbance to the neighbors The exterior play area ~s fenced and appears to be adequate to accommodate the ten children requested Staff recommended approval There was oppos~bon to the request Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve th~s request w~th the following cond~bons Cord~e L Marbn Page 2 of 2 The home daycare shall be I~m~ted to a total of 10 children other than children I~wng ~n the home There shall be no more than five children under the age of 2¼ ~n the home at one t~me Hours of operabon shall be hm~ted to Monday through Saturday, 6 00 am to600pm No more than one person other than a relabve residing ~n the home shall be employed by the home daycare 4 No s~gns advertising the home daycare shall be permitted on the lot or buildings on the lot at any bme The applicant shall maintain a family day home I~cense w~th the Commonwealth of V~rg~n~a Failure to maintain a family day home I~cense shall result ~n revocation of the Conditional Use Permit for the famdy day care home 6 The applicant shall receive a Cert,flcate of Occupancy from the Building Offic,al for the home daycare/res~denbal use Attachments: Staff Rewew D~sclosure Statement Planning Commission Minutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manager: ~~'~ ~L- ,~ [YY~ CORDIE L. MARTIN / # 27 August 13, 2003 General Information: APPLICATION NUMBER: REQUEST: ADDRESS: G06 - 212 - CUP - 2003 Conditional Use Permit for family care home (home daycare) 3520 Sandy Point Key Map G-6 Mop Not to Scale Cordie L. Martin home (home dayc are) GPIN: ELECTION DISTRICT: 14876804060000 5 - LYNNHAVEN Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 1 SITE SIZE: 11,592 square feet STAFF PLANNER: PURPOSE: Ashby Moss To operate a home daycare for up to 10 children Monday through Saturday between the hours of 6:00 a.m. and 6:00 p.m. Major Issues: · Impact of add~bonal no~se and traffic on neighboring properties. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq The property is currently used as a s~ngle-fam~ly residence and a home daycare for five children. The property ~s zoned R-7.5 Residenbal D~strict. Surrounding Land Use and Zoning The property ~s located w~thin a single- family neighborhood w~th R-7.5 Residenbal Distr~ct zoning Zoning History There ~s no relevant zoning h~story to report ~n th~s area However, several Cond~bonal Use Permits for home daycare centers have been approved ~n the C~ty in recent years: · December 15, 1992, K~ngs Point Road, up to n~ne children · October 28, 1997, North P~ping Rock Road, up to 12 children · August 13, 2002, Forest Glen Road, up to e~ght children · August 13, 2002, Blue Knob Road, up to 10 children · January 28, 2003, Dubo~s Place, up to 10 children Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 2 Air Installation Compatible Use Zone (AICUZ) The site ~s in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer City water and sewer serve the property. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Sandy Point Key is a local residenbal street that dead ends w~th a cul-de-sac. Traffic Calculations: Street Present Present Generated Traffic Name Volume Capacity Sandy Point N/A N/A Ex~sbng Land Use z_ 10 ADT Key Proposed Land Use 3_ 30 ADT Average Dady Trips 2 as defined by s~ngle famdy home 3 as defined by home daycare w~th 10 chddren Public Safety Police: No comments. Fire and Rescue: A Certificate of Occupancy must be obtained from the Building Official for the change of use. No more than five chddren under 2 ½ years of age are permitted unless the use is designated as an "1" use group. Permits and Inspecbons determine requirements for fire protection systems. The continued maintenance of these systems must be in compliance with the Fire Code. Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 3 Comprehensive Plan The Comprehensive Plan recognizes th~s area as a Iow-density residential neighborhood w~th a density of 3 5 dwelhng un~ts per acre or below The Comprehensive Plan policies recognize that all neighborhoods have a legitimate need for a hm~ted amount of compatible support uses and actiwbes hke home daycare centers. However, these support uses must not disrupt or adversely impact stable neighborhoods. Summary of Proposal Proposal · The applicant requests to provide care for up to 10 children in her home Monday through Saturday between the hours of 6.00 a.m. and 6.00 p.m. · The V~rgin~a Department of Social Services has already ~ssued a I~cense to the applicant to care for up to 12 children. The applicant proposes to have one employee on a part-bme bas~s. The apphcant's teenage daughter wdl also be employed to prowde care for the children on a part-bme basis. Site Desiqn · The smgle-famdy dwelling ~s located on an 11,592 square foot lot. · The applicant's rear yard is enclosed with a privacy fence and contains a variety of playground equipment. Vehicular and Pedestrian Access · The property has one driveway located on the western s~de of the property. · Sandy Point Key ~s a dead end street. The subject property is located just one house from the beginning of the street and six houses from the end of the street. · Parents dropping off and picking up their children must follow several rules: 1. Vehicles are to pull ~nto her driveway to turn around and avoid using the cul- de-sac as a turnaround area. 2 No loud music, profanity, smoking, alcoholic beverages, drugs or drug paraphernalia are permitted on the premises or ~n the neighborhood Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 4 3. No speeding is permitted ~n the neighborhood Architectural Desi.qn · The existing house ~s a one-story brick ranch house. No changes to the exterior of the house are proposed Landscape and Open Space · The yard area of the property is well maintained and has a typical residential landscape of trees, shrubs, and turf grass. Evaluation of Request The applicant's request for a Conditional Use Permit for a family day home is acceptable. Although there ~s only one straight driveway for the home, there ~s ample space for on-street parking ~n front of the house for p~ck-ups and drop-offs. The applicant w~ll require parents to pull in to her driveway to turn around rather than turning around in the cul-de-sac. The applicant wdl also enforce other rules for parents to m~bgate d~sturbance to the neighbors. The exterior play area ~s fenced and appears to be adequate to accommodate the ten chddren requested The applicant has already received a license from the State Department of Social Services, which is the agency responsible for ensuring quahty care for the children. Condition 5 below requires that the apphcant maintain the hcense from the State; therefore, inspecbons and requirements of that agency must continue to be met. Staff recommends approval of th~s applicabon subject to the following cond~bons Conditions 1. The home daycare shall be limited to a total of 10 children other than children hv~ng ~n the home There shall be no more than five chddren under the age of 2½ ~n the home at one bme 2 Hours of operabon shall be limited to Monday through Saturday, 6'00 a m. to 600pm. 3. No more than one person other than a relative residing ~n the home shall be employed by the home daycare Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 5 4. No s~gns advertising the home daycare shall be permitted on the lot or buildings on the lot at any t~me o The applicant shall maintain a family day home license w~th the Commonwealth of Virginia. Fadure to maintain a family day home license shall result ~n revocation of the Conditional Use Permit for the family day care home. 6 The apphcant shall receive a Certificate of Occupancy from the Building Official for the home daycare/res~dent~al use NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approvaL See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN I # 27 Page 6 Z )- Z Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 7 Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 8 Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 9 Z Property Owners: ..... _~- APPLICANT DISCLOSURE If the applicant ~s a CORPOR ,A~ION, list all officers of the Corpo~atior~ below: (Attach list if necessaryl ~/~ If the applicant ts a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION hst all members or partners in the organization below: (Attach fist if necessary) [~heck the applicant a corporatior~, partnership, firm, or other here if is NOT unincorporated organization.. ff the applicant is not the current owner of the property, complete the Ptoperty Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner Is a CORPORATION, list alt officers of the. Corporat,on below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, t,st all members or partners in the organtzation below: (Attach i/st if .ecessary) ~..~~_ . . .a~ ~heck here ~f the property owner is NOT a corporation, Hat tnersh~p, firm, or other unincorporated organizat;or~. CERTIFICATION: I certify that the information contained herein is true and accurate. [~ Signature Print Name Conditional Use Permit Apphcabon Page 8 of 12 Planning Commission Agenda August 13, 2003 CORDIE L. MARTIN / # 27 Page 10 Item #27 Cordle L Martin Conditional Use Permit 3520 Sandy Point Key District 5 Lynnhaven August 13, 2003 CONSENT Dorothy Wood: Thank you. Number #27 was on consent but I understand that someone has signed up to object so we will drop it down to its regular place in the agenda. REGULAR Robert Miller: The next item is Item #27, Cordle L Martin. Cordle Martin: Good afternoon. I'm Cordle L. Martin at 3520 Sandy Point Key and I have read and agree with all the conditions. Robert Miller: We have opposition. Ronald Rlpley: What we would like for you to do is to explain a little bit about your application. What you plan to do in the property and how you run it and so forth. Cordle Martin: Okay The day care already exists. Everything that I have done is already in place in the rooms inside and cleanup the front area prior moving to this property. It was really an eyesore to the neighborhood. And, I have cleaned up the outside to attractive for the neighbors and the parents that come into my neighborhood. Ronald Rlpley: How many people do you service now? How many children do you service? Cordle Martin. I service five at any given shift and that is 6:00 o'clock morning shift for those Navy Seals that have to be at work early and then they pick up at 3:00. Then I have another shift that starts right at about 5:00 o'clock and they pick up about 11 00 o'clock. What I'm trying to do is stop the night shift. I do have two children of my own and I'm just getting tired. And, I just want to do it dunng the day. Ronald Rlpley: Okay. You have five now. We're talking about a total of 10 children? Cordle Martin. Yes. Ronald Rlpley: Are there any questions~ Yes, Dot? Dorothy Wood: We drove by your house and it's very attractive and you're certainly maintaining it I was wondering, do you have and I could see any fence Do you have any fenced area for the children to play'~ Item//27 Cordle L. Martin Page 2 Cordle Martin' Yes I do As a matter of fact, I had a gate and a chain link fence. And, I spoke with my neighbor because I wanted to get a larger fence, you know higher And she says to me, "I really don't want you to get it," so asking her and I want to be in agreement with her. I was just doing it to protect her and she said that was not necessary. So, now we have to put the chain linked fence back up. Ronald Rlpley: Is the chain hnk fence down now? Cordle Martin: Just a pomon of it. I had moved a shed inside the yard so my neighbors behind me have moved my shed ~ns~de my yard for me and they're putting chain link fence back up th~s week Ronald Rlpley: Okay. Cordle Martin: We did take it down. Ronald Rlpley: Is there are any other questions? Robert Miller: We have another speaker in support. Cheryl Lemmon. Cheryl Lemmon: Hi. I am Cheryl Lemmon. I live at 3535 Sandy Point Key, just d~rectly across from Cord~e Martin's home I would probably be one of the people most affected by any change that she would make to her house good or bad and that affect any changes in that home Actually, prior to her moving there it was a d~saster Cordle has been nothing but an exemplary neighbor. I stayed home with my children when they were younger because of numerous reasons but I stayed home w~th them One of the reasons included not being able to find competent daycare and when I would drive by homes where there would be a s~gn outside the home that said daycare with a phone number and I would look at the home and think, I wouldn't leave my child there for anything. And, I wanted it to be stated that you drove by her home and it was ~mmaculate. I w~sh my home looked that good. The garden and the garden club that opposed this and they have more complaints probably about me than they would about Cordle as far as her home looks. Just a few things and I appreciate the Garden Club and anyone else's concern about property values and I'm sure that probably the mmn issue here. Anytime you have something like this in the neighborhood you could be concerned about their property value going down and those th~ngs that would ~nfluence that would be no~se, the appearance and the traffic concerns. We live on a cul-de-sac or pretty much a dead end street And, I know there were some people concerned about that issue. Just to address a couple of those things First of all the noise, noise has never been a problem with Cordle's home She does an excellent job ofdaycare She is just an example to be held up to all daycare providers. But, noise has never been an issue. I don't anticipate it ever being an issue with Cordle Noise was an issue with other neighbors including having police involvement eventually to end wild parties that went on there. So, I'm looking at this. I think one of the mmn concerns was traffic Item #27 Cordle L Martin Page 3 Ronald Rlpley: Ms. Lemmon, your time is out, if you can just conclude. Cheryl Lemmon: Sure. The main issue I think that everyone had was the traffic. Cordle has the same number of children now that she would have if she were to increase this, the number of children that she could have total at one time. They're just spread out. Cordle includes in her contract issues regarding with her parents issues regarding speed limits and making sure that they understand what her rules and regulations are and she expects them to abide by speed limit and any other traffic concerns that will be an issue in the neighborhood The number of cars at this point would not increase they would just be concentrated dunng the day as opposed to the weekends and at night. Ronald Rlpley: Thank you very much Cheryl Lemmon: Those were the main issues. Ronald Rlpley. Any questions of Ms Lemmon? Thank you. Robert Miller: Ellen Lundsford. Ellen Lundsford: I'll make this very quick. I am Ellen Lundsford, the past president of the King's Forest Garden Club, civic league and a recent graduate of the Virginia Beach Neighborhood Institute We are concerned. Kang's Forest is an old established neighborhood with water on two sides. No through streets, many dead ends, and only three entrances to the area. When the last 18 lots were built on two years ago in King's Forest, it created a traffic problem on Royal Palm Drive, which is one of the main entrances to the area. Unfortunately, Mrs. Martin's daycare center is on Sandy Point Key, which feeds into Royal Palm and is the only way out of the area So, when you go into drop off a child at her home you have to go down in the cul-de-sac and turn around and come back the same way you went. You would have to do that twice a day to pick them up and to bring them there. Secondly, approving this permit would open the door for more businesses already one of the woman who lives on ironically Sandy Point Key, is explonng the idea of opening another daycare center. Since Mrs. Martin already has a business and in the spirit of compromise, I suggest and would hope that we can limit the number of her children in her daycare center to five or six. I'm not against children. I love children. I'm a grandmother of seven. So, I certainly know the need for competent daycare and certainly I'm sure she can get it. But our dear old neighborhood is not the place for a daycare center or more businesses. Thank you. Ronald Rlpley: Thank you very much Are there any questions? Dorothy Wood. I have a question. Are you representing the garden club or the civic league? Ellen Lundsford: We are the same. We are the garden club and the civic league We combined. Item #27 Cordle L Martin Page 4 Dorothy Wood: And you had a meeting? Ellen Lundsford. No, we did not. I verbally called members to discuss this. Dorothy Wood: Approximately 8 garden club/civic league. Ellen Lundsford: No, I'm speaking for me. Dorothy Wood: Thank you. Ronald Rlpley: Thank you very much. Is there anybody else9 We'll open it up for discussion. Do you have a question9 Well hold on, you need to come forward. And just a reminder if it's new information that's what we want. Cheryl Lemmon: Okay I'm sorry. I missed your name. Ms. Lundsford, when she said to limit it to five, Cordle has been canng for five children in her home for 3 ½ years. Ronald Rlpley: We know that. Thank you. Robert Miller: Thank you. Ronald R~pley: Okay. Joe. Joseph Strange: My question is this. When you say you're limited to five does that mean five at any one time? Ellen Lundsford: Are you speaking to me? Joseph Strange: No, I'm asking Cordle. Cordle Martin: Yes It's five at any given time. Ronald Rlpley: By the way, you have an opportunity at this point to rebut anything you've heard or comment on it Cordle Martin: Thank you. Ronald Rlpley: You have three minutes. Cordle Martin: My understanding is that five and being licensed from the State of Vlrg~ma they said I can only do a certain amount at one given t~me, which is five each shift. Joseph Strange: So, basically, I guess my next question to you then is since you're doing this on two shifts you're probably doing more than five already. Item #27 Cordle L. Martin Page 5 Cordle Martin: Yes I'm doing ten total Joseph Strange: You're doing ten total. So, if you have twelve you're only going to increase the round trips by two because you're limiting this now to one shift. Is that right? Cordle Martin: Yes. Joseph Strange: Does th~s mean that you're going to have still more than twelve9 Cordle Martin: No, I will not. I will only have the limit that you will approve or disapprove today. Joseph Strange: But the maximum trips would be theoretically 24, twelve round trips a day right. Cordle Martin: So it will be 20 yes. Ronald Rlpley: Joe, the condition that staff has recommended is ten maximum. Joseph Strange. So, there really is going to be no increase in traffic. Cordm Martin: Correct. Joseph Strange: Okay. That's what I wanted to know. Cordle Martin: Well, none of them turn at the cul-de-sac they all turn in my driveway. If they do not turn in my driveway, I have a letter of permission from my neighbor directly across the street from me stating they have permission to turn in her driveway. I've been there 3 lA years and I can say that in 3 V2 years it may have occurred three times. They always turn in my driveway. And, really that was it as far as the traffic and the parking. I guess that was the concern Ronald Rlpley: I have two more questions. Will Din has a question and then Don Horsley Will William Din: Ms. Martin, could you clarify for me what the hours of the shift that you currently run? Cordle Martin: I currently run a shift of 6:00 a.m until 3:00 p m. And, then I let the night shift in at 5'00 p m. and they are gone roughly 11 15-11 '30 p.m William Din: Okay, in other words, you're still caring for ten children over a period between 6.00 a m until 11.15 p m. The conditions here are changing that to 6.00 a.m. to 6.00 p m Item #27 CordIe L Martin Page 6 Cordle Martin: Yes. William Din: So, you won't have the traffic late at night. Cordie Martin: Correct Wllham Din: Thank you. Ronald Ripley: Don. Donald Horsley: Will pretty well asked my question but if you're going to do that you're going to have ten at one time. Is that what you're going to have? CordIe Martin: I'm going to go by the State guldehnes stating that I personally can only keep myself between points or head count either eight toddlers by myself. Of course, I do have an assistant. Ms. Jennifer Gill, she's been with me since January and then I also have a teenage daughter that comes in from Pnncess Anne at 12.45 p.m that helps me out. So, I do have someone there at all times helping me. Donald Horsley: So, you will have ten there at one time. Cordle Martin: Never. Donald Horsley. Never. Cordie Martin: Never. Donald Horsley' I mean if you're running a shift from 6:00 - 3:00. Cordie Martin. I'm going to completely cut out the night shift. Donald Horsley: Okay. So, you're going to have ten kids there at one time. Cordie Martin. I'm looking to be approved for up to ten but me, knowing the person that I am and the care that I want to give to these children I can't see giving all often children that type of attention. You know, even with an assistant. Ronald Rlpley: Bob Miller has a question and then Dot Wood. Robert Miller: No. I have a statement. ! don't know if I ever met anybody any better organized than you are and you're yard deserves a garden award by the way Cordle Martin. Thank you. Robert Miller: It is beautiful. But, from what I'm heanng I think you're really measuring what you've been dmng and realizing what you would like to do as far as not only the Item #27 Cordie L Martin Page 7 care of the children and running the business, if you want to say running the business. Particularly, it seems hke your sensitivity to take care of the children and then to your own well being as well as your children's well being. When it comes time I'm in favor of supporting. Ronald Rlpley: Dot. Dorothy Wood. I was going to make a motion. Mrs Martin has been here since 9.00 o'clock this morning and I think her yard is beautiful and I'll go along w~th her. Robert Miller: I'll make the motion. Ronald Ripley: We got a motion to approve by Bob Miller. Seconded by Joe Strange. Is there any further discussion? All in favor vote. Opposed, vote against lt. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Rlpley. By a vote of 11-0, the motion carries. L APPOINTMENTS AGRICULTURE ADVISORY COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH DEVELOPMENT AUTHORITY WETLANDS BOARD M. UNFINISHED BUSINESS N NEW BUSINESS 1 ABSTRACT OF CIVIL CASES RESOLVED - August 2003 O. ADJOURNMENT CIVIL LAWSUITS RESOLVED DURING THE MONTH OF AUGUST, 2003 Penny S Blake v Ctty of Virginia Beach - Americans with Disabilities Act & Civil Raghts Statues case Mary E Knight v City of Virgima Beach - negligence City of Virginia Beach v 18 Southwest, Inc , dba Envy Bar and Grill, and dohn Leonard Lewis- challenge to City ordinance. Robert L Snyder v Ctty of Virgtma Beach- inverse condemnation Barbara Messner for Friends of 3 lst Street Park lnc v Ctty of Virglma Beach- violations of the Virginia Freedom of Information Act Katherine A Ashley v B D Decker and d D denklns - negligence Johnnie Lang Edwards v A M Jacocks, Jr, Sgt Roughton and Officer J E MaraJka-civil rights case Note: Disposition details available on request from the City Attorney's Office CITY OF VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE September 9, 2003 D C M R C A W PAGE 1 I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D I CITY COUNCILS BRIEFING A Performing Arts Theatre Council Members Schmldt & Wood II CITY MANAGER'S BRIEFINGS A Community Budget Meeting Proposal Cathenne Whltesell Director, Dept of Mgmt Services B VDOT Projects to be Administered by City Dean Block - Director, Dept of Public Works III/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y IV/V/ SESSION VI/E F MINUTES - INFORMAL AND FORMAL APPROVED 9-0 Y Y Y Y Y A Y Y A Y Y SESSIONS September 2, 2003 B S T A I N E D G/H PUBLIC HEARING I Agricultural Reserve Program (ARP) at 1865 NO SPEAKERS Indian River Road I/J/1 Ordinance to AMEND § 2-85 of Cdy Code ADOPTED 9-1 Y Y Y N Y Y Y Y A Y Y re annual leave 2 Resolution to EXPRESS support re 2 U.S. ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y D.J. grant applications re weapons of mass destruction 3 VDOT re roadway capital projects / design work / site acquisition / construction actlmt~es a Resolution for the City to administer ADOPTED 9-0 Y Y Y A Y Y Y Y A Y Y improvements to Princess Anne Rd / B Kempsvflle Rd / Witchduck Rd Extended S Phase II / Indian River Rd Phase T VlI/ Elbow Rd Extended Phase il A I N E D CITY OF VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE September 9, 2003 D C M R C A W PAGE 2 I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D b Ordinance to APPROPRIATE $35,485,142 to roadway capital projects (1) Elbow Rd Extended Phase Il $ 5,307,085 ADOPTED 9-0 Y Y Y A Y Y Y Y A Y Y (2) Indian River Rd Phase VII $ 9,349,000 B (3) Kempsville Rd $ 467,057 S (4) Princess Anne Rd $19,648,000 T (5) WitchduckRd Phase I $ 467,057 A (6) WitchduckRd Phase Il $ 714,000 I N E D 4 Ordinance to AUTHORIZE acqms]tlon of ADOPTED, BY 9-1 Y Y Y N Y Y Y Y A Y Y ARP easement / ISSUANCE of contract CONSENT obhgat~ons re $255,346 ~n behalf of John G Jr /Edward F Cromwell 5 Ordinance to AUTHORIZE acqms]t~on m ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y fee simple / temporary construction easement from Marshall Trust for Maxey Manor pump station s~te at Phflhps Ave / Lask]n Rd (DISTRICT 5 - LYNNHAVEN) 6 Ordinance to ACCEPT / APPROPRIATE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y $28,041 from FEMA to F~re All - Hazards CONSENT Emergency Operations 7 Ordinance to APPROPRIATE $52,339 ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y from Oyster Heritage Trust / $15,000 from Wetlands / Dunes Restorabon to Planmng re construcbng oyster reefs in the Lynnhaven River Watershed K/I VARIANCES re §4 4(b)of the Subd]ws~on Ordinance all lots meet CZO a JOHN M. STEWARD, JR., 4464 Lee APPROVED / 10-0 Y Y Y Y Y Y Y Y A Y Y Avenue CONDITIONED (DISTRICT 4 - BAYSIDE) b H.A.V., INC. re west s~de of Shoveller Ave / APPROVED / 10-0 Y Y Y Y Y Y Y Y A Y Y north of Mill Dam Rd to create two(2) lots CONDITIONED / (DISTRICT 5 - LYNNHAVEN) BY CONSENT 2 VB FREEWILL BAPTlST CHURCH APPROVED / 10-0 Y Y Y Y Y Y Y Y A Y Y CUP child care center at 210 South CONDITIONED / Wltchduck Rd BY CONSENT (DISTRICT 2 - KEMPSVILLE) 3 AVALON HILLS BIBLE CHURCH CUP APPROVED / 10-0 Y Y Y Y Y Y Y Y A Y Y re church expansion at 5728 Indian River Rd CONDITIONED / (DISTRICT 1 - CENTERVILLE) BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 M B L C E S L DATE September 9, 2003 D C M R C A W PAGE 3 I J L A N P, H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D 4 KENNETH A. HALL FAMILY LTD. at APPROVED / l 0-0 Y Y Y Y Y Y Y Y A Y Y 3757 Bonney Rd (DISTRICT 3 - ROSE CONDITIONED / HALL) BY CONSENT a COZ, from I-1 to B-2 b CUP motor vehicle sales / service 5 CH & B ASSOCIATES, LLP COZ from APPROVED AS l 0-0 Y Y Y Y Y Y Y Y A Y Y PD-H 1 (DISTRICT 2 - KEMPSVILLE) PROFFERED a Conditional A-12 / P-1 w~th PD-H2 Overlays on South Independence Blvd / South Plaza Trail b R-7.5 to Conditional B-2 ~ South Plaza Trail / Pnncess Anne Rd c Conditional 0-2 .~ South Independence Blvd / South Plaza Trail 6 KEMPSHIRE ENTERPRISES, MODIFIED AS 10-0 Y Y Y Y Y Y Y Y A Y Y Modtficatton to Timberlake PD-HI Land CONDITIONED, Use Plan ~ South Independence Blvd/ BY CONSENT Silverleaf Dr (DISTRICT 2 - KEMPSVILLE) 7 CHESTER EHRENZELLAR COZ from APPROVED / BY 10-0 Y Y Y Y Y Y Y Y A Y Y PD-HI to R-SD at 1961 Mill Creek Dr CONSENT (DISTRICT 7 - PRINCESS ANNE) 8 BERKSHIRE-HUDSON CAPITAL XI, APPROVED AS 8-1 Y Y A Y Y Y Y N A Y Y LLC COZ from 0-2 / R-5D to Conditional PROFFERED / B B-2 ~ Salem Rd/South Independence BIvd adding signage S (DISTRICT 1 - CENTERVILLE) requirements / no T balloons, streamers, A flags designed to I adverhse N E D 9 Ordinances to AMEND CZO a § 905 re sign regulatmns m the B-3A ADOPTED, BY 9-1 Y Y Y N Y Y Y Y A Y Y CONSENT b § 401 re farm stands in AG-I / AG-2 DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y Y INDEFINITELY, BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE' September 9, 2003 D C M R C A W PAGE 4 I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D L APPOINTMENTS: EESCHEDULED B Y C O N S E N S U S AGRICULTURE ADVISORY COMM MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMM TIDEWATER REGIONAL GROUP HOME COMM WETLANDS BOARD ADD PERFORMING ARTS THEATRE APPOINTED 9-0 Y Y Y Y A Y Y Y A Y Y ON ADVISORY COMMITTEE Beatflz Amberman Robert Barnaby Lmwood O Branch, III Nancy Creech Helen Dragas Doug Ellis Thomas Felton Thomas Frantz Sharon Fralm Terry Gallagher Ken Geroe William W Hamson, Jr Rose HIpol Glen Huff Elliot Jones Brian Kerwm Micheal K~rkland Lew~s Cameron Kltchm David Kukei John R Langlois, Jr Christopher J Massaro Jeff Meredith Delceno C Miles John Monson Helen Preti M Jean Rawls Adam Rl'a Thomas A Rucker Gmny Sancfl~o Patrick L Shuler Manlyn Simon Turn Smgh Eleanor Stanton John Tflthou Jack Todd George Wong Dorothy Wood W Breck Wood Wendy Young CITY 01= VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE September 9, 2003 D C M R C A W PAGE 5 I J L A N R H N E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D ADD FORT WORTH DEVELOPMENT, INC. Authorized 9-0 Y A Y Y Y Y Y Y A Y Y ON CUP Condo on Shore Drive at D~nvndd~e RECONSIDERATION Road/Dupont C~rcle (Approved by City for Oct 28, 2003 Council 08/12/2003) @ § PM M/N/ ADJOURNMENT 7 '19 PM