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HomeMy WebLinkAboutNOVEMBER 25 2003 AGENDACOUNCIL MAYOR MEYERA E OBERNDORF, At-Large ~TCE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HA RR Y E D1EZ, EL, Kempsvdle - Dt ttrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McCLANAN, Rose Hall -Dtstrtct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Prtncesa Anne -Dtstrtct 7 PETER W SCHM1DT, At-Large RON A V1LLANUEVA, At-Large ROSEMARY WILSON, At-Large IAA4ES L WOOD, Lynnhaven -Dtstrtct 5 dAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES SMITH, MMDA, C~ty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURIHOUS~ DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn 25 November 2003 I CITY MANAGER'S BRIEFING - Conference Room - 3:00 P.M mo YEAR END AUDIT Patricia Phillips, Director, Department of Finance II REVIEW OF AGENDA ITEMS III CITY COUNCIL COMMENTS IV INFORMAL SESSION - Conference Room - 4'00 P M mo CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION V FORMAL SESSION - Council Chamber - 6.00 P M A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Stanley Sawyer Pastor, All Saints Episcopal Church Co PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES 1 INFORMAL AND FORMAL SESSIONS November 4, 2003 G. AGENDA FOR FORMAL SESSION H CONSENT AGENDA PUBLIC HEARING AGRICULTURAL RESERVE PROGRAM (ARP) Land on Head of River Road J ORDINANCES o Ordinance to AUTHORIZE acquisition, by Installment Purchase Agreement, of a portion of the Williams Farm for open space and an elementary school, and APPROPRIATE $5- Million for this purchase in accordance with the agreement Ordinance to ACCEPT and APPROPRIATE $1,132,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 Operating Budget for equipment and training support for the Virginia Task Force 2, Urban Search and Rescue Team. Ordinance to ACCEPT and APPROPRIATE a $36,000 Grant from the Virginia Saltwater Recreational Fishing Development fund for disabled person access improvements to Little Island Fishing Pier. Ordinances to AUTHORIZE temporary encroachments into portions of the City's right-of- way' a JOHN B. PICCO, for the extension of a finger pier, (catwalk) and boat lift at Crab Creek adjacent to Piedmont Circle. b. SALEM WOODS CIVIC ASSOCIATION, for installation of a non-illuminated identification sign at Pissarro Circle and Lynnhaven Parkway. Resolution acknowledging the invaluable support and professional services provided by the Super Hornet Commission during the review process of the draft EIS re placement of the F/A-18 aircraft on the East Coast. K PLANNING 1. NO ACTION ITEM: Ordinance to AMEND the Virginia Beach Comprehensive Plan as recommended and certified by the Planning Commission. Recommendation. To be heard December 2, 2003 Application of THE TAYLOR GROUP, LLP for the dtsconttnuance, closure and abandonment of a portion of Old London Bridge Road east of Harpers Road and London Bridge Road (DISTRICT 6 - BEACH) Staff Recommendation' Planning Commission Recommendation: DENIAL APPROVAL o Application of VTC ONE, LLC for the disconttnuance, closure and abandonment of a portion of Regent University Drive south of 1-64. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL . Application of CAVALIER GOLF & YACHT CLUB re dtsconttnuance, closure ana abandonment of the cul-de-sac at the eastern terminus of Tanager Trail (DISTRICT 5 B LYNNHAVEN) Original Recommendation DEFERRED Recommendation DEFERRAL October 28, 2003 APPROVAL . REQUEST for an EXTENSION of four (4) months to March 25, 2004, for compliance in the discontmuance, closure and abandonment of a portion of Admiral Wright Boulevard by Demertrious Kouloukis. (Approved by City Council November 25, 2002) Recommendation: APPROVAL . Application of BACK BAY CHRISTIAN ASSEMBLY OF GOD for MODIFICATION to a Condttional Use Permtt to allow construction of an additional building to house classrooms and a gymnasium at 1196 Princess Anne Road (Approved by the City Council June 22, 1999) (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL , Petition for a Variance to Section 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and allow the property to be subdivided into four (4) lots for BAY REFLECTIONS BUILDING, LLC at Shoveller Avenue and Mill Dam Road. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL o Application of GREEN HILL BY THE BAY CONDOMINIUM OWNERS ASSOCIATION for a Conditional Use Permtt re community boat p~er and dock at Lovetts Pond Lane and Green Hill Road. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL 9 Application of OMNIPOINT/T-MOBILE for a Condittonal Use Permtt re telecommunications tower at 3600 Holland Road. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL 10. Application of ROBERT ARNOLD for a Condttional Use Permtt re automobile sales at 1305 Oceana Boulevard. (DISTRICT 6 - BEACH) Recommendation: APPROVAL Il. Application of GOODWILL INDUSTRIES OF HAMPTON ROADS, Condtttonal Use Perrntt re automobile sales at 5565 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) INC. for a Recommendation. APPROVAL 12. Application of WDR PROPERTIES, INC. for a Con&tional Use Permtt re automobile sales and rental at 5657 Shore Drive (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL 13. Application of CRAIG WYNE for a Conditional Use Perrntt re for automobile sales at Virginia Beach Boulevard and Lavender Lane. (DISTRICT 4 - BAYSIDE) Recommendation: APPROVAL 14 Application of FORT WORTH DEVELOPMENT, INC. for a Condtttonal Use Permit re a multi-family Condominium in the B-4 Shore Drive Corridor Overlay District at Dinwld&e Road and DuPont Circle. (Approved by City Council August 12, 2003) (DISTRICT 4 - BAYSIDE) RECONSIDERED AND DEFERRED: October 28, 2003 15. Applications of BERKSHIRE-HUDSON CAPITAL, XI, LLC re Change of Zonmg (DISTRICT 7- PRINCESS ANNE) ao From B-1 Neighborhood Business District, B-2 Community Business District and AG-2 Agricultural District with Historic and Cultural Overlays to Conditional B-2 Community Business District with Historic and Cultural Overlays east of Princess Anne Road and North Landing Road. Recommendation' DEFER to December 9, 2003 bo From B-2 Community Business District with Historic and Cultural Overlays to AG-2 Agricultural District with Historic and Cultural Overlays at Princess Anne Road and Courthouse Drive Recommendation: DEFER to December 9, 2003 16. Application of NEAR POST, L.L.C. for a Change of Zomng from H-1 Hotel District, B-2 Business District, B-1 Business District and R-40 Residential District to Conditional A- 36 Apartment District at 1020 and 1040 Laskin Road and a portion of Parcel A on Oriole Drive. (Deferred by City Council October 28, 2003) (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL 17. Application of CITY OF VIRGINIA BEACH for a Change of Zoning from R-5D Residential Duplex District to P-1 Preservation District at Shell Road and Downs Lane. (DISTRICT 4- BAYSIDE) Recommendanon: APPROVAL L APPOINTMENTS M1NORITY BUSINESS COUNCIL TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD M UNFINISHED BUSINESS N NEW BUSINESS ABSTRACT OF CIVIL CASES RESOLVED - October 2003 ABSTRACT OF VOTES FROM THE GENERAL ELECTION NOVEMBER 4, 2003 0 ADJOURNMENT Agenda 11/25/03 st www vbgov com 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) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Purchase of 57.565 Acres of Property Located on the South Side of Newtown Road from Williams Farm LLLP for $5,000,000. MEETING DATE: November 25, 2003 · Background: The Williams Farm has been identified as a "High Priority" site for acquisition in the Virginia Beach Outdoors Plan 2000 update as well as endorsed unanimously for acquisition by the Open Space Subcommittee of the Parks and Recreation Commission. City staff has worked with the property owner, Williams Farm LLLP ("Williams"), to purchase 57.565 acres (the "Property") of the original 76 acres farm (15.0 acres for Elementary School 2007; 42.565 acres for open space). · Considerations: The Property will provide the Bayside District of the City with much needed open space and athletic fields and a site for a proposed elementary school. Funding for the acquisition is identified in the Parks and Recreation Capital Improvement Program #4-004 Open Space Acquisition and Schools Capital Improvement Program #1-075 Elementary School 2007. Williams has requested that the purchase price of the Property be financed over a ten-year term with the interest on the balance of the purchase price to be exempt from Williams' gross income for federal income tax purposes. The City Attorney has worked with the attorneys for Williams to draft an Installment Purchase Agreement that addresses the concerns of both parties. · Public Information: Notice of this ordinance will be handled through the normal agenda process. · Alternatives: Purchase the Property or reject Williams' 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 Williams for $5,000,000 in accordance with the terms contained in the Installment Purchase Agreement. · Attachments: Ordinance with Sketch Plat (Exhibit A), Vicinity Map Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: ~~.. ~ IX)~ ORDINANCE NO. AN ORDINANCE TO AUTHORIZE ACQUISITION OF APPROXIMATELY 57.565 ACRES OF PROPERTY LOCATED AT ON THE SOUTH SIDE OF NEWTOWN ROAD FOR $5,000,000 FROM WILLIAMS FARM, LLLP WHEREAS, Williams Farm, LLLP ("Wfll~ams") owns 76 acres of real estate located 8 on the south side of Newtown Road, and Williams desires to sell 57.565 acres of the property (the "Property") to the C~ty of V~rg~n~a Beach (the "C~ty"); lO WHEREAS, the C~ty's Open Space Subcommittee has idenbfled the Property as a 11 parcel to be considered for acquisition as part of the City's open space ~nit~abve, and has recommended that the Property be acquired for such purposes; 13 WHEREAS, the C~ty Council of the City of V~rgmia Beach, Virginia (the "City Council") ~s of the opinion that the acquisition of the Property would further the C~ty's open 15 space initiabve; 16 WHEREAS, Wflhams and City staff have worked w~th the C~ty Attorney to draft an :L ? Installment Purchase Agreement which sets forth the responsibilities and obhgations of the :L 8 part~es upon terms and cond~bons mutually agreeable to all parties; and 19 WHEREAS, funding for this acquisition ~s available ~n the Open Space Acquisition 2 0 CIP account (CIP 4-004). 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 1. That the C~ty Council authorizes the acquisition of the Property by purchase pursuant to § 15.2-1800 of the Code of V~rginia (1950), as amended, which 2 5 Property ~s shown on Exhibit A attached hereto. 26 2. That the C~ty Manager or h~s designee ~s authorized to execute on 2? 28 behalf of the C~ty of Virginia Beach, an Installment Purchase Agreement for the Property, for the sum of $5,000,000 and in accordance with the Summary of Terms attached hereto. 29 3. That the City Manager or his designee is further authonzed to execute all documents that may be necessary or appropnate ~n connecbon w~th the purchase of the Property, so long as such documents are acceptable to the City Manager and the C~ty 32 Attorney. Adopted by the Council of the C~ty of V~rginia Beach, V~rginia, on the ~ day of ,2003. CA-8992 F \Users\VValldej\WP\BZA\w~ll~ams ord wpd date:November 12, 2003 R-2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S 'F ,E City Attorney g:~ SUMMARY OF TERMS AGREEMENT FOR THE PURCHASE OF WILLIAMS FARM LLLP PROPERTY OWNER: BUYER: PROPERTY: PURCHASE PRICE: Williams Farm LLLP City of Virginia Beach. 57.565 acres located a the South Side of Newtown Road $5,000,000 as follows: $ 750,000 payable at settlement as a down payment; and $4,250,000 shall be prod in semi-annual installments of $212,500 on each June 1 and December 1 of each year begxnning June 1, 2004 and including December 1, 2014. Such balance may not be prepaid, in whole or in part, without the prior consent of the Seller m ~ts sole discretion. Interest on the unpaid balance shall accrue from the settlement date and shall be payable semi-annually at the rate of 5 % per annum. SETTLEMENT DATE: January 14, 2004. (All due diligence has been performed) SPECIAL TERMS AND CONDITIONS: The City's obligation to pay the purchase price and to pay the ~nterest of the unpaid balance of the purchase price ~s subject to annual appropriation by the City Council and, accordingly, is not a debt within the meaning of Article VII, Section 10 of the Constitution of Virginia or a general obhgation of the City; provided, however, that the City Manager or other officer charged w~th the responsibility of preparing the City's Annual Budget shall Include in the budget for each Fiscal year as a sxngle appropriation, the amount of all sem~-annual payments for such F~scal Year. The City ~s seeking an opinion from ItS Bond Counsel to the effect that under existing laws, regulations, rulings and decisions, ~nterest payable under the Installment Purchase Agreement ~s not ~ncluded in gross income of Seller for federal ~ncome tax purposes. In the event the City fads to close on the property by reason of default, the C~ty shall pay $50,000 to Seller as liquidated damages. In the event Seller fails to close on the property by reason of default, the Cxty shall have the right to seek specific performance. The City agrees that any park, recreational facility or building constructed or developed on the property shall include "Wflhams Farm" m its name. This prowsion does not apply to any school constructed on the property. CA-8992 F \Users\VValldej\WP~BZA\WfihamLLLP sum wpd C. AS PUMP PUMP ~ COI, R'NNER W~/JA~S FARU U.LP GPIN f 1468--82-3632 N~ 2,507,516 SQ FT. 57 565 ACRES EXHIBIT SHOWING RE-VISED PARCEL SUBDIVISION OF PROPERTY OF WILLIAMS FARM LLLP 50HN G. WILLIAMS MARY WILLIAMS J 0 #12200-12 ~CAD L(nIBI, a'vg SCALE. 1"=300' OCTOBER 30, 2003 ROUSE-SIRINE ASSOCIATES, LTD SURVEYORS AND MAPPING CONSULTANTS .333 OFFICE SQUARE LANE VIRGINIA BEACH, VIRGINIA 234-62 TEL (757~490-23CS-www rouse-s~nne corn 0 1 O0 200 400 600 GRAPHIC SCALE VICINITY MAP WILLIAM FARMS ACH NI 11-12-03 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM' FEMA/Urban Search and Rescue Task Force Cooperative Agreement MEETING DATE: November 25, 2003 Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, has conbnually prowded funding for V~rg~n~a Task Force 2, Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facd~ty leasing, training and travel necessary to maintain the Team at expected levels of response capab~hty The C~ty of V~rg~n~a Beach ~s the sponsoring agency for VA- TF2 and is responsible for fiscal and administrative management of the Team Considerations: This grant funding is allocated from the federal FY 2003, with an exp~rabon of the funds on January 30, 2005, and wdl provide $1,132,000 in federal assistance for VA-TF2 Th~s grant conbnues funding for two full-bme and two part-hme positions to serve as support staff for the Team The plan ~ncludes purchase of two over the road tractors w~th tra~lers and two box trucks to ~nlbate a new ground transportation plan Speciahzed training for drivers is addressed Funding is ~ncluded to conbnue a facihty lease for the Team equipment cache As always, equipment replacement and maintenance remain core expenditures The program has reached a point of complexity where th~s level of funding ~s cnbcal to ~ts conbnu~ty as a viable program. Both personnel and equipment resource demands have far exceeded the capability of the sponsonng agency FEMA assistance at th~s magnitude ~s required to continue Va-TF2 at required performance levels. Public Information: Public Information will be handled through the normal Councd agenda process Alternatives: VA-TF2, Urban Search and Rescue Team cannot conbnue w~thout th~s federal funding, dechn~ng the funds would el~m,nate th~s team. Recommendations: Accept grant and appropnate $1,132,000 for management and maintenance of V~rg~nia Task Force 2, Urban Search and Rescue Team. Attachments' Grant Award Letter Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: ~ ~__. ~~ F'\Data~.ATY~Ordin\NONCODE\fema03arf.wpd AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,132,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING BUDGET FOR EQUIPMENT AND TRAINING SUPPORT OF THE URBAN SEARCH AND RESCUE TEAM 7 WHEREAS, the Federal Emergency Management Agency ("FEMA") has 8 increased the financial commitment to each of the FEMA Urban Search 9 and Rescue Teams and has approved expenditures for team management 10 and coordination. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, Virginia' 13 14 15 16 17 18 19 20 21 22 23 24 25 1. That $1,132,000 in grant funds is hereby accepted from the Federal Emergency Management Agency and appropriated to the Fire Department's FY 2003-04 Operating Budget, for equipment and training support of the urban search and rescue team. 2. That 3.25 FTE are continued in conjunction w~th this grant, including a full-time coordinator position (1.0 FTE), a full-time clerical position (1.0 FTE), a part-time logistician (.625 FTE), and a part-time training coordinator (.625 FTE); provided, however, that these positions are conditioned upon continued grant funding. 3. That federal revenue ~n the FY 2003-04 Operating ~aJ~L is increased by $1,132,000. 26 Adopted by the Council of the City of Virginia Beach, Virginia 27 on the day of , 2003. CA-9051 Ordin/Noncode / fema03ord, wpd R-1 November 12, 2003 Approved as to Content M-~-a~ ~e-r~ Approved as to Legal Sufficiency City Attorne~/s O~ice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a $36,000 Grant From the Virginia Saltwater Recreational Fishing Development Fund for CIP# 4-031, "Little Island Fishing Pier Access Improvements" MEETING DATE: November 25, 2003 · Background: The Little Island P~er was constructed ~n the late 1970s, prior to current access requirements for disabled persons The grant would provide additional funding for an existing Parks and Recreation Capital Improvement Program (ClP)project, CIP 4-031, "Little Island P~er Access Improvements." The project funds the' (a) demollbon of the remaining, non- conforming pier access walkway; (b) construction of an elevated pier access walkway and main pier section improvements that would comply w~th the Amencans with Disabilities Act accessibility guidelines · Considerations: A grant for $36,000.00 from the V~rg~n~a Saltwater Recreational F~shing Development Fund was approved by the Virginia Marine Resources Commission for this project. · Public Information: The V~rginia Marine Resources Commission's Recreational F~sh~ng Adwsory Board held eight public meetings and workshops from July 2002 through May 2003 to consider various grant apphcations from throughout V~rg~n~a, including the Little Island Pier applicabon The C~ty of V~rgmia Beach's L~ttle Island Pier Access Improvement grant applicabon was dehberated on during those pubhc meebngs and workshops · Alternatives: If C~ty Council chooses not to approve the grant agreement, the L~ttle Island P~er improvements will have to be completed with the ex~sbng $275,000 provided in CIP #4-031, "L~ttle Island Pier Improvements." · Recommendations: Staff recommends that the grant agreement be approved and that the $36,000 be appropriated to CIP project 4-031, "L~ttle Island P~er Access Improvements." Attachments: o The L~ttle Island District Park Fishing Pier Virginia Saltwater Recreational Fishing Development Fund grant agreement from Virginia Marine Resources Commission o Ordinance appropriabng grant funding to CIP 4-031, "Little Island Fishing Pier Access Improvements" project Recommended Action: Approval of Ordinance Submitting Department/Agency: Parks and Recreation City Manager:~~, ~)~, F \DataV~,TY~Ord,n\NONCODE\l,ttle,slandarf wpd AN ORDINANCE TO ACCEPT AND APPROPRIATE A $36,000 GRANT FROM THE VIRGINIA MARINE RESOURCES COMMISSION TO CIP PROJECT #4-031, "LITTLE ISLAND PIER ACCESS IMPROVEMENTS" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 That a $36,000 grant is hereby accepted from the Virginia 11 Marine Resource Commission and appropriated to CIP Project #4-031, 12 "Little Island Pier Access Improvements," with estimated state 13 revenue increased by $36,000. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia 16 on the day of , 2003. CA-9040 Ordin/Noncode / Litt 1 e I s landord, wpd R-2 October 28, 2003 Approved as to Content:~ Department of Management Services Approved as to Legal Sufficiency: ~i'ty Attorney'~ office COMMONWEALTH of, VIR(}INIA W. Tayloe Murphy, Jr Resources Commission Secretary of Natural Resources 2600 Washington Avenue Third Floor Newport News, Virgtnia 23607 Wilham A. Prultt Commissioner October 16, 2003 Mr. Brian S Solis, Planner City of Virginia Beach Department of Parks and Recreation Municipal Center- Building//21 V~rgima Beach, VA 23456 Dear Brian: Enclosed please find three copies of Grant Agreement RF 03-19, L~ttle Island Fishing Pier at Sandbridge Please have all three copies s~gned by the appropriate City officials, and return them to me A fully executed copy of the Grant Agreement will be returned to you for your records. Please let me know if we may provide any additional information at this time. Sincerely, ~e~B. McCroskey Deputy Chief Administration and Finance Eric. Cc: Terri Short Cory Routh An Agenq/ of the Natural Resources Secretariat Telephone (757) 247-2200 (757) 247-2292 V/TDD Information and Emergency Hotline 1-800-541-4646 V/TDD LITTLE ISLAND DISTRICT PARK FISHING PIER AT SANDBRIDGE Funded by the Virginia Saltwater Recreational Fishing Development Fund Grant # RF 03-19 This Grant Agreement is entered into this 15th day of October 2003, by the City of Vh-ginia Beach, hereinafter called the "Grantee," and the Commonwealth of Virginia, Marine Resources Commission, called the "Grantor." WITNESSETH that the Grantee and the Grantor, in consideration of mutual covenants, promises and agreements herein contained, agree as follows' SCOPE OF SERVICES: Grantee shall construct, operate and maintain the project and provide the services set forth in the attached proposal and shall take all necessary actions to comply with the conditions of this grant. Grantor shall grant funds for the project (the "Grant") as provided below. PERIOD OF GRANT: November 1, 2003 to May 1, 2005 COMPENSATION AND METHOD OF PAYMENT: Total payments not to exceed $36,000.00 are to be made on a reimbursement basis upon completion of the project proposal work, which is attached as Attachment A, and written proof that all requirements under the section entitled "Grant Conditions" have been met. An expenditure statement will be included in Grantee's final report. Documentation supporting expenditures will be maintained on file by Grantee GRANTEE REPORTING REQUIREMENTS: Grantee will provide written reports describing progress and results. Interim report due: May 1, 2004 Final report due: May 1, 2005 GRANT CONDITIONS: The term "facility" in this Grant Agreement includes those areas and improvements associated with and identified in Grantee's project application form as the portion of the project for the Little Island Fishing Pier Improvements related improvements and for which the total estimated cost is $311,000 ($275,000 from the City and $36,000 from the Virginia Saltwater Recreational Fishing Development Fund) for Phase I. Improvements to be funded from the Virginia Saltwater Recreational Fishing Development Fund include $36,000.00 for maintenance deck replacement, to include railing. The remainder of the project will be funded by the City of Virginia Beach. Prior to executing this Grant Agreement on behalf of the City of Virginia Beach, Grantee shall provide Grantor with documentation, acceptable to Grantor, evidencing the authority of the official signing on behalf of the Grantee to obligate the City of Virginia Beach to the terms of this specific Grant Agreement. Grantee agrees to provide Grantor with any information requested concerning progress of the project proposal and operation and management of the project for 20 years following completion of its construction. Said information shall be provided by the Grantee at the Grantor's request. Grantee agrees to keep the facility open for such use seven days a week, but subject to the following operating dates and times: April 15th to October 31st from 5:30 a.m. to 11:00 p.m. and November 1st to March 31st from 7'00 a.m. to 5:00 p.m. The grantee reserves the right to close the pier during emergencies that it, or the Commonwealth of Virginia declare, as well as for maintenance from April 1st to April 14th. If, without the express written consent of Grantor, the facility is converted to any usage other than as a fishing pier, as shall be determined by Grantor, prior to the expiration of 20 years fi'om the date the facility is first operational, Grantee agrees to repay Grantor, for deposit into the Virginia Saltwater Recreational Fishing Development Ftmd, a proportion of the funds granted herein. The proportion to be repaid shall be calculated by the difference between 20 years and the number of full years the facility was operated as a fishing pier prior to its conversion to other use, divided by 20. This proportion shall be multiplied by the original total Grant amount, and this amount shall be returned to the Marine Resources Commission for redeposit into the Virginia Saltwater Recreational Fishing Development Fund. Grantee agrees to place and to maintain the official Virginia Saltwater Recreational Fishing Development Fund signage at the facility as requested by the Virginia Marine Resources Commission. Grantee agrees that the City of Virginia Beach, as a condition of this Grant Award, shall be responsible for providing law enforcement services necessary for the enforcement of all applicable state laws and county and/or town ordinances. Grantee agrees that the following existing fees are charged for use of the facility as follows: Spectators and those wishing to fish from the pier may purchase a 1-day ticket for $3.00. Children who are under 9 years of age and accompanied by an adult are permitted on the pier at no charge. The Grantee will notify the Virginia Saltwater Recreational Fishing Advisory Board, in advance, should it anticipate changing the current pier usage fees. The Grantee shall be responsible for the long-term maintenance of the pier improvements that are partially funded through the Grant. Construction of the facility must conform to all applicable local, state and federal building codes including ADA requirements, and as specified by the Virginia Department of Game and Inland Fisheries. Grantee agrees that, in addition to any remedies available to Grantor for breach of this Grant Agreement, Grantor may deny, solely on the basis of Grantee's noncompliance with the conditions of this Grant, future grant applications submitted to Grantor by or on behalf of Grantee. GRANT DOCUMENTS: The Grant documents shall consist of this signed Grant Agreement, documentation satisfactory to Grantor evidencing the authority of the official signing on behalf of the grantee to obligate the City of Virginia Beach to the terms of this specific Grant Agreement, and the attached project proposal and budget. NONAPPROPRIATION: Availability of Funds. It is understood and agreed between the parties hereto that Grantee shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted (or otherwise available) for the purpose of the Grant Agreement. In the event no funds (or insufficient funds) are appropriated and budgeted for payments due under this Grant Agreement, Grantee shall immediately notify Grantor of such occurrence and this Grant Agreement shall terminate within thirty (30) days of receipt of notice without penalty of expense to Grantee of any kind whatsoever. FORCE MAJEURE: In the event that the Grantee shall be delayed, hindered in or prevented from the performance of any act required under this Grant Agreement by reason of strike, lockout, labor trouble, inability to procure materials, failure of power, riots, insurrection, act or failure to act of Grantor, war or other reason beyond Grantee's control, performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. GRANTOR: GRANTEE: BY: William A. Pmitt TITLE: Commissioner BY: TITLE: DATE: DATE: APPROVED AS TO CONTENT Director of Parks and Recreation Title Date APPROVED AS TO LEGAL SUFFICIENCY Signature Title Date City of Virginia Beach, Virginia Fiscal Years 2003-04 [hrough 2008-09 Capital Improvement Program Project # and Title: 4-031 Little Island Pier Access Improvements Responsible Dept...: Park.s & Recreation I Bu.s,ness. Area. Cultural & Recreahonal Opportunities Total Total Budget Unaonror) 'iated Subseo uent Years Future Programmed , Appropriations Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Funding Funds To Date FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 'RequLrement 275,000 275,000 0 o' 0 0 0 ..... Description and Scog, e Th~s project is for the demohbon of the ong~nal and temporary p~er walkway pd~ngs as well as for the design and construcbon of a new, elevated, ADA-comphant wooden access walkway from the L~ttle Island Park stahon house, restroom facd~ty, and p~cmc area to the pier Also to be accomplished w~th this project, the metal pzpe, formerly used to pump water from the pzer to Back Bay, w~ll also be permanently removed from underneath the ex~shng walkway Purpose and Need Beach erosion and the harsh salt-water enwronment have s~gntflcantly corroded the original steel pdes to the point that their replacement ~s required to prowde safe access to and from the p~er In add~hon, the p~er walkway was constructed prior to modern ADA standards and consequently ~s nonconforming for providing access to physically-challenged persons A rusty, metal p~pe which was formerly used to pump water from the p~er to Back Bay was never removed and penod~cally becomes exposed (due to erosion and dune m~gratlon) underneath the walkway causing potenbally hazardous condlhons for beachgoers and park patrons passing underneath the walkway F~nally, dunehne m~grabon has become a significant maintenance ~ssue for the current concrete walkway which connects the park office, restroom, and p~clmc facd~hes to the p~er In order to explore soluttons to the on-going problems assoctated with the p~er, a s~te access assessment was performed by an eng~neenng consultant m May 2001 The results of the study and schedule for proposed funding ~s the basis for th~s project History and Current Status This project is new in the FY 2002-03 CIP as requested but nof funded The p~er walkway was ong~mally constructed over 22 years ago Erosion and the salt environment corroded the pier access walk to the point that ~t was deemed unsafe in September 2001 In order to be able to re-open the pier, in October 2001, temporary pdlngs were used to support the ong~nal walkway Currently maintenance is provided through regular park ma~ntenace at Little Island Park It is anbc~pated that the new pier wdl reduce the needed ma~ntenace Ol~erating Budo_etarv Impact Bas~s for Estimate FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07j. F.Y 2007-08 . FY 2008-09 0 0 0 0 0 0 Schedule of .Activities Activity From - To Amount Design 09/03-09104 21,949 Construchon 10/04-05/05 197,541 Contingencies 09~03-05~05 55.510 ~Total Budgetary Cost Estimate 275,000 Total Non-Programmed Costs 0 Total Programmed Costs 275,000 NO MAP REQUIRED '.Me, an~ of Fin~lncinq Funding Source ~ Outdoor Imt~atlve ~ Total Programmed Financing 275,000 Future Funding Requirements 0 F~scal Year 2003-04 5 - 21 Cultural & Recreational Opportunities I I II CITY OF VIRGINIA BEACH AGENDA ITEM I I ITEM: Encroachment Request - Crab Creek Adjacent to Piedmont Circle Finger P~er (Catwalk) Extension and Boat L~ft for John P~cco MEETING DATE: November 25, 2003 Background: On October 24, 2000 and February 27, 2001, Shore Ventures Associates, L.L.C., a V~rgima limited liability company (predecessor ~n title to the property now owned by John P~cco), received approval from C~ty Council to construct and maintain manna moonng slips w~thm portions of that certain exisbng C~ty right of way known as P~edmont C~rcle and City property known as Crab Creek. Shore Ventures Associates, L L. C entered into Agreements w~th the City and the sa~d Agreements were recorded on November 8, 2000 ~n Deed Book 4320, at Page 263 and on March 12, 2001 ~n Deed Book 4373, at Page 0449, respectively, ~n the Clerk's Office of the C~ty Of V~rg~n~a Beach, V~rgmia Considerations: John B Picco has requested permission to construct and maintain a finger p~er (catwalk) extension and boat lift In construcbng and maintaining the finger p~er (catwalk) extension and boat lift, Mr. P~cco will be encroaching into a port~on of an ex~stmg City property known as Crab Creek. Therefore, Mr. Pfcco has requested that the C~ty permit a temporary encroachment w~thin that portion of Crab Creek ~n order that he might construct and maintain the proposed finger pier (catwalk) extension and boat hft Public Information: Advertisement of Council agenda for encroachment approval Altematives: Deny the encroachment. Recommendations: C~ty staff have rewewed th~s matter and recommend approval of the encroachment The Planning Department has reviewed this matter and recommended approval of the encroachment subject to the following Item #5 of the Condibonal Use Permit for the Crab Creek Condominium community boat dock previously approved by C~ty Councd on October 24, 2000 must be amended/modrfled to increase the maximum allowable boat length from 26' to 33'. (The Crab Creek Unit Owners Assoc4ation revised its Bylaws on March 16, 2003 to reflect the change from 26' to 33') The rewsion to the Conditional Use Permit was reviewed, modified to 35' and approved by City Council on October 28, 2003 Attachments: Location Map Ordinance Exhibit Plats Agreement Recommended Action: Approve the encroachment Submitting Department/Agency: Public Works/Real Estate City Manager: ~ ~----~~% Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE CITY PROPERTY KNOWN AS CRAB CREEK BY JOHN B. PICCO, HIS HEIRS, ASSIGNS AND SUCCESSORS 1N TITLE WHEREAS, On October 24, 2000 and February 27, 2001, Shore Ventures 9 Associates, L.L.C., a Virginia limited liability company (predecessor in title to the property now owned by John B. Picco), received approval from the City Council of the City of Virginia Beach to construct and maintain marina mooting slips within portions ofthat certain 12 existing City right of way known as Piedmont Circle and City property known as Crab Creek. 14 WHEREAS, Shore Ventures Associates, L.L.C. entered into Agreements with the City and the said Agreements were recorded on November 8, 2000 in Deed Book 4320, at Page 263 and on March 12, 2001 in Deed Book 4373, at Page 0449, respectively, in the Clerk's Office of the City Of Virginia Beach, Virginia. WHEREAS, JOHN B. PICCO, desires to construct and maintain a fmger pier (catwalk) extension and boat lift into a portion of the City's property known as Crab Creek. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's property subject to such terms and conchtions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 2 4 OF VIRGINIA BEACH, VIRGINIA' 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended JOHN B. PICCO, his heirs, 27 assigns and successors in title is authorized to construct and maintain a temporary 2 8 encroachment for a fmger pier (catwalk) extension and boat lift into a portion of the City's 2 9 property known as Crab Creek as shown on the map entitled: "Proposed Boat Lift Crab 3 0 Creek Lynnhaven River- Date 05 May 03 · Apphcant: John B Picco", a copy of which is 31 on file in the Department of Public Works and to which reference is made for a more particular description; and 33 BE IT FURTHER ORDAINED, that the temporary encroachments are 34 expressly subject to those terms, conditions and criteria contained in the Agreement between 3 5 the City of Virginia Beach and JOHN B. PICCO, (the "Agreement") which is attached hereto and incorporated by reference; and 37 BE IT FURTHER ORDAINED that the City Manager or his authorized 3 8 designee is hereby authorized to execute the Agreement. 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as JOHN B. PICCO and the City Manager or his authorized designee execute the 41 Agreement. 43 day of Adopted by the Council of the City of V~rginia Beach, V~rginia, on the ~ 2003. 44 45 PREPARED 07/28/03 APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATT-O~RNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS $8 1-811 (a)(3) AND 58 1-811(o)(4) REI/vlBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this [ q ~ day of .~~ ,2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and John B. PICCO, John ROMANUS and Rosemary ROMANUS, husband and wife and CRAB CREEK UNIT OWNERS ASSOCIATION, INCORPORATED, a Virgima Corporation, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantees". WITNESSETH: That, WHEREAS, the Grantee, John B. PlCCO, is the owner of that certain lot, tract, or parcel of land designated and described as "3 STORY DUPLEX DWELLING UNIT 1" as shown on "EXHIBIT C-1 CONDOMINIUM PLAT PHASE 1 CRAB CREEK CONDOMINIUM VIRGINIA BEACH, VIRGINIA", as recorded in M.B. 297, at Page 82 and being further designated and described as 2096 Tazewell Road, Vtrginia Beach, Virgima 23455; with an un&vided interest in certam common areas and limited common areas as shown on said plat; and GPIN 1489-58-5517-2096 WHEREAS, on October 24, 2000 and February 27, 2001, Shore Ventures Associates, L.L C., a Virginia lnnited liability company (predecessor m title to the property of the Grantees), did receive approval from the City to construct and maintain marina mooring slips within portions of those certain existing City rights of way known as Piedmont Circle and Crab Creek; and WHEREAS, the said Shore Ventures Associates, L.L.C. did enter into Agreements with the City and the said Agreements were recorded on November 8, 2000 in Deed Book 4320, at Page 263 and on March 12, 2001 in Deed Book 4373, at Page 0449, respectively, m the Clerk's Office of the City Of Virginia Beach, Virgima; and WHEREAS, it is proposed by the Grantee, John B. Picco, to construct and maintain a boat lift and a finger pier (catwalk) extension, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, m constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee, John B. Picco, encroach into a portion of an existing City property known as Crab Creek, "The Temporary Encroachment Area"; and WHEREAS, the Grantee, John B. Picco, has requested that the City permit a Temporary Encroachment withm The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accrumg or to accrue to the Grantees and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of wluch is hereby acknowledged, the City doth grant to the Grantee, John B Picco, 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 specffications and approval and is more particularly described as follows, to wit: Encroachment Area as shown on those certain plats (three (3) sheets total) entitled: "Proposed Boat Lift Crab Creek Lynnhaven River- Date 05 May 03 - Applicant: John B. Picco", copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon not~ce by the City to the Grantee, John B. Picco, and that w~thin thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee, John B. PlCCO; and that the Grantee, John B. Picco, will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee, John B. Picco, shall indemnify and hold harmless the City, lts 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 ~s further expressly understood and agreed that nothing herein contained shall be construed to enlarge the pemussion and authority to penmt 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, John B. Picco. It is further expressly understood and agreed that the Grantee, John B. Picco, 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, John B. Picco, must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that no commercial use of the community boat dock shall be permitted. It is further expressly understood and agreed that the community boat dock shall I be used exclusively by the owners, occupants, and invited guests of lots 7, 8, 9, and 10 as I shown on the submitted site plan. It is further expressly understood and agreed no buddings, boat houses, boat launches or additional parking shall be permitted. It is finSher expressly understood and agreed that no vessels larger than 3 3 feet I in length shall be permitted. It is further expressly understood and agreed that the community boat dock is subject to all applicable federal, state, and local rules and regulations. It is further expressly understood and agreed that prior to issuance of a right of way penmt, the Grantee, John B. Picco, must post bond or other security with a surety acceptable to the City, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planmng Department. It is further expressly tmderstood and agreed that the Grantee, John B. Picco, must obtain and keep in force all-risk property insurance and general liability or such · insurance as is deemed necessary bythe City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee, John B. Picco, also agrees to carry comprehensive general liability insurance m an amount not less than $500,000 00, combined single limits of such insurance policy or policies. The Grantee, John B. Plcco, 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, John B. Plcco, assumes all responsibilittes and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantees, John Romanus and Rosemary Romanus as the owners of Unit 2 and Crab Creek Umt Owners Association, Incorporated, havmg an undivided interest in the common areas and limited common area consent to the application but assume no responsibihty or obligation under this Agreement. 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, John B. Picco and collect the cost m any manner provided by law for the collection of local or state taxes; may requtre the Grantee, John B. Picco, to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee, John B. Picco, for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied ~f it were owned by the Grantee, John B Picco; and if such removal shall not be made within the time ordered here~nabove 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, John B. Picco, John Romanus, Rosemary Romanus and Crab Creek Unit Owners Association, Incorporated, the said Grantees have 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 ~ts 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 Joh~ B. lticco (SEAL) John Romanus ~~u..~~ ~~ (SEAL) Rosemary R~'manus CRAB CREEK UNIT OWNERS ASSOCIATION, INCORPORATED By(~~~~ ~(SEAL) J~nue Chellew, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit' The foregoing instrument was acknowledged before me this day of ,2OO3, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, on its behalf. He/She is either personally known to me or has produced a My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was as identification. Notary Public acknowledged before me this day of ., 2003, by Ruth Hodges Smith, MMC, City Clerk of the City of Virgima Beach, Virginia, on its behalf. She is personally known to me. Notary Public My commission expires: of the United States with the rank of , a commissioned officer of the Navy {- te~/--~~ ~,,~. ..~4~/whose home address is 7_ ~, z ! S.,~ s~,t ?~ t/,~, ,,~_~ &~r:/~ I/at 2 3"/~'ff , do certify that JOHN B. PICCO, whose name is signed to the writing above, beating date on the 19~h day of August, 2003, and who, is a Lieutenant Commander in the Navy of the United States, and whose home address is 2096 Tazewell Road, Virginia Beach, Virgima 23455, has acknowledged the same before me. ?..~g ~'~y~ o* g, ~ Given under my hand this of 2003. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: The foregoing instrument was acknowledged before me this ~l day of ,2003, by JOHN ROMANUS He ~s either personally known to me or has produced a ~,¢~>~.~. L, ~.,~¢ as identification. t Notm~ublic My commission expires: I- ~ - c~ %'- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing msmnnent was acknowledged before me this ~,d day of d,r k, be~ ~,2003, by ROSEMARY ROMANUS She is either personally known to me or has produced a ~..; ~,~.,. ...... Lto,,~ as identification. No~ry4~ic My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this [ ~7 day of 0~')gl/ _, 2003, by JAMIE CHELLEW, President, of CRAB CREEK UNIT OWNERS ASSOCIATION, INCORPORATED, on its behalf. He/She is either personally kp~own to me or has produced a as ~dentification Notary Public My commission expires: ~-~\" C5~ 10 APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT C~TY REAL ESTATE ~OENT Form Rev 07-24-02 11 LOCATION LOCATION MAP SHOWING ~ ENCROACHMENT REQUESTED BY ' ~ JOHN B. PICCO / / I I I INTO CITY PROPERTY ~ III KNOWN AS CRAB CREEK ~ SCALE:I" : 200' -~'"'~--~""~& I I I I I I \ \\ I ,," ,x, , crab creek d§n m } s PREPARED BY PAN ENG DRAFT July 28, 2003 SITE PLAN CIIY OF vA iCa IOA[ RA~P FACILITY Proposed t~ P--'F ..... oxTu~ ~uw - 0 O0 SITE PLaN l·-lO0' - -- il , i i I Applicant: - '5'&~JB. P~cc~D EXHIB IT "A" Proposed ~FF~ ti Crab Creek Lynnhaven River Date: ~ 7 ~d:f k~ORGAN, ' WIDE x 41 .5' LONG PIER SHADOW OF 'WETLANDS UAIL EDGE MARSH/WATER / ~'~.C_~GF OF MAfTSH.. / I LOT 6 50 / / LOW TIDE MARKER (TYP) FINGER WIDE x 15' LON "b '~ BO'l-rOl~ SHOT (wp) · ~ ' ~ ? ' ~lo[ t~ /!.5 I , Nat6ch Bottom Grade Datum ~W = 0.00 X-Section Applicant: Proposed ~, ~ L~aven River Va. Beach, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to install and maintain a double faced non-dluminated s~gn on City property on the northeast corner of P~ssarro C~rcle and Lynnhaven Parkway. MEETING DATE: November 25, 2003 Background: The Salem Woods C~vic Associabon desires to install a 4'x 8' double face non-~lluminated s~gn on City owned property at the northeast corner of Pissarro C~rcle and Lynnhaven Parkway Th~s ~s a marquee ~nformabon s~gn for Salem Woods C~v~c Associate to determine neighborhood events Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement The proposed sign has been reviewed and is acceptable to Permits and Inspecbons. Landscaping will be ~nstalled around the base of the s~gn. Public Information: Advertisement of C~ty Councd Agenda. Alternatives: Approve the encroachment as presented, deny the encroachment or add conditions as desired by Councd Recommendations: Approve the request subject to the terms and conditions of the agreement. Attachments: Ordinance, Locabon Map, Agreement, Plat and P~ctures. Recommended Action: Approval Submitting Department/Agency: Pubhc Works~'~. City Manage~ '~-- .~[,~~ Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY OWNED PROPERTY AT THE NORTHEAST CORNER OF PISSARRO CIRCLE AND LYNNHAVEN PARKWAY , BY SALEM WOODS CIVIC ASSOCIATION, (HIS/HERS/ITS) HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 14 WHEREAS, SALEM WOODS CIVIC ASSOCIATION desires to erect and maIntain a sign upon the C~ty's property located at the northeast corner of Pissarro Circle and Lynnhaven Parkway 17 WHEREAS, City Council ~s authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Salem Woods Ciwc 24 AssocIation, its heirs, assigns and successors in t~tle are authorized to construct and 2.5 maintain a temporary encroachment for a sign upon the City's property as shown on the 26 map entitled' "PHYSICAL SURVEY OF LOCATION OF SIGN POST ON LOT 21, SALEM 2'7 WOODS, SECTION TWENTY TVVO-B, VIRGINIA BEACH, VIRGINIA, D.B 2512, P 2116- 28 2117 FOR SALEM WOODS CiViC ASSOCIATION, DATE: March 26, 2003," a copy of 29 which ~s on file in the Department of Public Works and to which reference ~s made for a 3o more particular description, and 31 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement 33 between the City of Virginia Beach and Salem Woods Civic Association (the 34 "Agreement"), which is attached hereto and incorporated by reference; and 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized 36 designee is hereby authorized to execute the Agreement; and 37 BE IT FURTHER ORDAINED, that th~s Ordinance shall not be in effect unbl 38 such time as Salem Woods Civic Association and the C~ty Manager or his authorized 39 designee execute the Agreement 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of ,2003. 42 43 44 45 46 47 48 49 5O 51 52 53 54 APPROVED AS TO LEGAL SUFFICIENCY AND FORM DEPARTMENT CA- PREPARED (date) H \wpS0\ENCROACH\Salem Woods C~wc Assoc -Lynn Pky & P~ssaro C~r\ORD September 9-16-03 wpd PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this day of , 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "C~ty", and SALEM WOODS CIVIC ASSOCIATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Gramee", even though more than one. WITNESSETH: WHEREAS, it ~s proposed by the Grantee to construct and mmntmn a 4' by 8' double plastic face non-illuminated marquee sign the "Temporary Encroachment", in the City of Virginia Beach, WHEREAS, in constructing and ma~ntmnlng the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing C~ty property on the northeast comer of P~ssarro C~rcle and Lynnhaven Parkway the "Encroachment Area", and WHEREAS, the Grantee has requested that the C~ty permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and ~n consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), ~n hand prod to the City, receipt of which is hereby acknowledged, the C~ty doth grant to the Grantee permission to use The Encroachment Area for the purpose of construction and mmntmmng the Temporary Encroachment GPIN 1475-75-3680 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: "PHYSICAL SURVEY OF LOCATION OF SIGN POST ON LOT 21, SALEM WOODS, SECTION TWENTY TWO-B VIRGINIA BEACH, VIRGINIA D.B. 2512, P.2116-2117 FOR SALEM WOODS CIVIC ASSOCIATION, DATED MARCH 26, 2003," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out ofthe 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 , 2 construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction 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 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 setbacks requirements, as established by the City. 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, Salem Woods Civic Association has caused this Agreement to be executed by Jeffery S. Stewart a member of said association with due authority to bind said association. 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. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk SALEM WOODS CIVIC ASSOCIATION Jl~rS. Cewart President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2003, by ,, CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2003, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF l~ral~l}B CITY/COUNTY , to-wit: The foregoing instrument was acknowledged before me this ~ , 2003, by Jeffery S. Stewart. t,) V'~ Not~ Pubic My Commission Expires: day of APPROVED AS TO LEGAL SUFFICIENCY Rev 07-24-02 APPROVED AS TO CONTENT ~ar;7/l~.~,~, I, "~.. 'd6 CITY REAL ESTATE AGENT THIS IS TO CERTIFY THAT I ON MARCH 26, 2003 SURVEYED THE PROPERTY SHOWN ON THIS P~L~.T,.~,J~F~.BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE %O E.-~O.R(~~~TS OF OTHER BUILDINGS, EXCEPT AS SHOWN LOT 21 PROPOSED SIGN 8' HIGH <80, GPIN # 1475-75-5680 N 2'37'02" W 80 00' I 115' < ~ PISSARRO CIRCLE 50' NOTE THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE AE&X AS SHOWN ON THE NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH COMMUNITY NO 515531-0037 E DATED 12/5/96 BASE ELEVATION 9 LOWEST FLOOR ELEVATION PHYSICAL SURVEY OF LOCATION OF SZGN POST ON LOT 21, SALEM WOODS, SEOTZON TWENTY TWO-B VIRGINIA BEACH, VIRGINIA O B 2512, P 2116-2117 FOR SALEM WOODS C1:V]:O ASSOC]:AT]:ON SCALE 1" = 20' 500 CENTRAL DRIVE, SUITE 112 VIRGINIA BEACH VIRGINIA 23454 F B 293 CAD TECH D,V HTTPI/DJG ISSERVlNGCOM 757-498-1021 FAX 757 498-4340 SALEM WOODS BOARD MEETING September 4, 2003 - 7:34p. m. The Board meeting was called to order by President Jeff Stewart with the following Board Members present, Jeff Stewart ~ Gary Harmeyer Jack Clarke Dave Womack ()ffice Manager Demse Amerine Gary Frankenfield Kris Stringer Robin Conte Dave Tisza Guests Dm~ Shaw Secretary's Report The m~nutes of August Meeting were read and approved Treasurer's Report Gary Harmeyer presented the cash flow report The Treasurer's report was approved Commitlee Reports Deed Restriction There were no requests th~s meenng Gary Frankenfield smd that more entbrcement would be needed th~s fall Recreation Jack Clarke reported the Public Safety Event at the Large Pool on Saturday, August 23,d was very successful There was much Community participation and he recorded 47 e-mail addresses Jack also noted the pools were closed as of Labor day Spent Robin Conte reported the Teen Party went over very well It started out slow but fimshed with a lot of teens partmipanng A rexluest to send a note of thanks to Chome P~zza fbr their contributmn Entrance S~gn Dave discussed the progress of the entrance s~gn A Morion was made to authorize President Jeff Stewart to sign the encroachment agreement t¥om the City of Virg~ma Beach to erect our entrance s~gn on the comer of Lynnhaven Parkway and P~ssarro C~rcle The motion was approved New Business General Meeting will be Wednesday, November 12th The meeting will be held at the Large Pool on Rothwell Court at 7 30 pm__ , , , THIS IS TO CERTIFY THAT I ON MARCH 26, 2003 SURVEYED THE PROPERTY SHOWN ON THIS PL~~4,1F~BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ,E.-~,'.C. IR~~~..~S,,'.-'- '~"~ OF OTHER BUILDINGS, EXCEPT AS SHOWN LOT 21 GPIN # 1475-75-3680 N 2'57'02" W 80.00' PROPOSED SIGN 8' HIGH I 115'= I I Z PISSARRO CIRCLE 50' NOTE' THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE AE&X AS SHOWN ON THE NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH COMMUNITY NO 515531-0037 E DATED 12/5196 BASE ELEVATION 9 LOWEST FLOOR ELEVATION PHYSICAL SURVEY OF LOCATION OF SIGN POST ON LOT 21, SALEM WOODS, SECTION TWENTY TWO-B VIRGINIA BEACH, VIRGINIA D B 2512, P 2116-2117 FOR SALEM WOODS CIVIC ASSOCIATION DATE MARCH 26,2003 DJ~6 DENNISJ GERWITZ, PC SCALE 1" = 20' 500 CENTRAL DRIVE, SUITE 112 VIRGINIA BEACH VIRGINIA 23454 F B 293 CAD TECH D.V. HTTP#mG~SSERV~NGCOM 757-498-1021 FAX757-498-4340 1 Salem vVo3ds Pissarro Circle Entrance Sign Location and Lynnhaven Parkway ¢. "-'.:.. ¢:',-,.... ! - , Salem Woods ~arro Circle Entrance Sign Location and Lynnhaver~ Parkway I PISSARRO DR. LUDL( LOT21' - f / ~ , ~ = , LYNNHA~ P~. 'fi~ _~ .' ~ -- ~ql-:~7~--"~ ...... ~ ~~OCATION'~,,.~~ .'; :: S.~--- u~L'HME~ ,~o~UWIN~ :, ~ PROPER ASSOc - CORN ~ 0 IATIO ~. F PISSARRO RTHEASTLYN NHAVEN PAR~Ay AND ~. ~ SCALE:l,, = 200' ~ ' - -~--'-~---_~ ~Y P'W LNG CA SE'PT 2.9, 2003 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM A resolution to thank the Super Hornet Commission for their c~t~zensh~p and •valuable service dunng the review process of the Draft Environmental Impact Statement for the placement of the East Coast F/A-18 ElF Super Hornet a~rcraft MEETING DATE. November 25, 2003 · Background On October 24, 2000, the C~ty Council adopted an ordinance estabhsh~ng a Super Hornet Commission and provided the membership, by-laws, and purpose for ~t to function The Commission was comprised of eleven voting members servmg w~thout compensation and non-voting members as C~ty Councd deemed appropriate The purpose of the Commission was to rewew ~ssues referred by the C~ty Councd and make recommendations to Council regarding such ~ssues The sole ~ssue referred to the Commission at ~ts ~ncept~on was to rewew the draft Environmental Impact Statement (ELS) for the East Coast basmg of the F/A-18 ElF Super Hornet a~rcraft The Commission undertook no other ~ssues other than those referred to ~t by C~ty Councd Ongoing no~se and other ~ssues concernmg the Naval A~r Station Oceana operations were not w~th~n the purview of the Commission and therefore not addressed I am of the op~n~on that we received the best outcome g~ven the choices ~n the F~nal ElS and owe our gratitude to the Super Hornet Commission for their t~reless work over the last two years · Considerations' Acknowledge the •valuable support and professional services prowded by the Super Hornet Commission · Public Information. None · Alternatives: None · Recommendations: Adopt the attached resolution · Attachments: Resolution Recommended Action Adoption Submitting Department/Agency Mayor A RESOLUTION TO THANK THE SUPER HORNET COMMISSION FOR THEIR CITIZENSHIP AND INVALUABLE SERVICE DURING THE REVIEW PROCESS OF THE DRAFT ENVIRONMENTAL IMPA CT STATEMENT FOR THE PLACEMENT OF THE EAST COAST F/A-18 E/F SUPER HORNET AIRCRAFT. WHEREAS, on October 24, 2000, the Ctty Counctl estabhshed the Super Hornet Commisston to advise City Council on the Environmental Impact Statement process on the East Coast placement of the F/A-18 E/F Super Hornet atrcrafi, the future of naval aviation; and WHEREAS, the Super Hornet Commission, consisting of eleven members and staff met once a month for more than two years - enduring long hours of presentations and subsequent deliberatton; and WHEREAS, on October 15, 2002, the Super Hornet Commtssion recommended to City Council the adoption of a resolution tn support of all the East Coast Super Hornet aircraft betng home-based at Naval Air Station Oceana, and WHEREAS, the Acting Secretary of the Navy has tssued the Record of Dectston in the Federal Regtster on September 10, 2003, on the Final Environmental Impact Statement that will place eight fleet squadrons and the fleet replacement squadron at Naval Air Statton Oceana and two fleet squadrons at Marme Corps Air Statton Cherry Point, North Carohna; and WHEREAS, the Acting Secretary of the Navy also ruled that a new outlying landtng field will be constructed to reheve the impact of jet operations on ctttzens of Vtrginta Beach and Chesapeake; and WHEREAS, this outcome is favorable to the matntenance of Naval Air Statton Oceana as the East Coast Master Jet Base for the Navy; and WHEREAS, the citizens that made up the Super Hornet Commission are congratulated for their commitment to thetr task and for the cittzenship portrayed since the establishment of the Commission, and NOW, THEREFORE, BE IT RESOLVED that the Vtrginta Beach City Council does hereby acknowledge the invaluable support and professional servtces provtded by. Mr Robert Atherton Mr J. B. Dadson, Staff Mr Charles Fatson Mr. Cornell Fuller Mr Dudley Fulton, Chatr Mrs Ktmberly Johnson Mr. Dewey Jones Mr. Rtchard Maddox Admiral (ReO Fred Metz Captain (ReO John Shtck Mr Robert Sutherland Mr Stanley Waranch These citizens'service to the Ctty of Vtrginia Beach was a great benefit to the future of the Naval Att Statton Oceana and we give them pause, honor and praise. Given under our hands and seals this twenty-fifth day of November 2003 Harry E Dtezel, Councilmember dtm Reeve, Councilmember Margaret L Eure, Councilmember Peter W Schmtdt, Councdmember Louis R. Jones, 14ce Mayor Ron A. Villanueva, Councilmember Richard A Maddox, Councilmember Rosemary Wdson, Councilmember Reba S McClanan, Councdmember James L Wood, Councilmember Meyera E. Oberndorf Mayor Approved as to Content' Approved as to legal Sufficiency C![y' ~l~na ger 's ' Off~ce '- Ctty Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Comprehensive Plan Adoption MEETING DATE: November 25, 2003 · Background: An Ordinance to amend the C~ty of V~rg~n~a Beach Comprehensive Plan as recommended and certified by the Planning Commission Considerations: Th~s ~tem was advertised ~n order to meet legal nobce requirements for adopbon of the Comprehensive Plan, which was targeted for cons~derabon and possible adophon on November 25 or December 2 The Plan wdl be considered on December 2 No acbon, therefore, ~s necessary on th~s ~tem Recommendations: No action necessary. City Council will consider the Comprehensive Plan for adoption on December 2. Recommended Action: No acbon necessary Submitting Department/Agency: Planning Department~ ~ City Manager:~/(..., ~Co.~ '"'1~" ' CITY OF VIR(}INIA BEACH AGENDA ITEM ITEM: The Taylor Group LLLP, Claude P. Brown, Betty B. Bourdon, Paul S. Bourdon & R. Edward Bourdon, Jr. - Street Closure (Portion of Old London Bridge Road) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of The Taylor Group, LLLP for the d~scontinuance, closure and abandonment of a port~on of Old London Bridge Road beginning at a point approximately 170 feet east of Harpers Road to its intersection with London Bridge Road (relocated). DISTRICT 6- BEACH Considerations: The portion of Old London Bridge Road requested for closure is currently a paper street. The lots on this portion of Old London Bridge Road are zoned R-20 Residential D~stnct and a small portion is zoned R-40 Residenbal District. On September 14, 1993, City Council approved a request to close this same port~on of Old London Bridge Road ~n conjuncbon with the Churchdl Downs' application for a horse race track on this property. As Churchill Downs did not receive a I~cense from the Commonwealth of Virginia to operate the track, the street closure was not completed. The owners of the property, who were also the owners of the property at the time of the 1993 request, now desire to proceed with the closure of the right-of-way. Staff is not supportive of th~s request, primarily because, unlike the previous approval, there is no plan of development associated w~th the future use of the majority of the s~te. It is unclear how th~s right-of-way will be incorporated ~nto any future development of this parcel, s~nce neither a concept plan nor a site plan was submitted w~th this request Staff recommended denial. There was no opposibon to the request. Recommendations: The Planning Commission passed a mobon by a recorded vote of 10-0 w~th 1 abstention to approve th~s request with the following cond~bons: Taylor Group, Brown, and Bourdon Page 2 of 2 , The C~ty Attorney's Office shall make the final determinabon regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Cop~es of the policy are avadable in the Planning Department . The applicant shall resubdiwde the property and vacate internal lot hnes to incorporate 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 utilities ex~st within the right-of- way proposed for closure Preliminary comments from the ubl~ty companies ~ndicate that there are no private utilibes w~th~n the right-of-way proposed for closure. If private utilibes do ex~st, easements sabsfactory to the utility company shall be provided. , Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved w~thin one year of the City Council vote to close the right-of-way th~s approval shall be considered null and void · Attachments: Ordinance Staff Review Disclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends den~al Planning Commission recommends approval Submitting Department/Agency: Planning Departmen~ City Manager.'~~ ~l~-- ,'~'~) ¢Y~F-- October 8, 2003 General Information: APPLICATION NUMBER: J10-210-STC-2003 REQUEST: Street Closure ADDRESS: Porbon of Old London Bridge Road, approximately 170 feet east of Harpers Road Ho Not to Scole R-20 The Taylor Group Claude B. Brown, Betty B. Bourdon Paul S. Bourdon & R. Edward R-20 R-20 (~-I0) ELECTION DISTRICT: 6 - BEACH Street Closure Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 1 SITE SIZE: STAFF PLANNER: PURPOSE: 145,977 square feet Carolyn A.K Smith To close a porbon of Old London Bridge Road Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The portion of Old London Bridge Road requested for closure is currently a paper street. The lots on th~s portion of Old London Bridge Road are zoned R-20 Residential District and a small portion is zoned R-40 Res~denbal District. Surroundinq Land Use and Zoninq North: South: East: West: · Culbvated fields / R-20 Residenbal District · Cultivated fields, London Bridge Road / R-20 Residential D~stnct · Culbvated fields / R-20 Residential D~strict · Culbvated fields, Harpers Road / R-20 Residential D~stnct Zoninq History On September 14, 1993, City Council approved a request to close this same portion of Old London Bridge Road in conjunction with the Churchill Downs' application for a horse race track on this property As Churchill Downs did not receive a license from the Commonwealth of V~rg~n~a to operate the track, the street closure was not completed. The owners of the property, who were also the owners of the property at the bme of the 1993 request, now desire to proceed w~th the closure of the right-of-way Public Facilities and Services There are no public water, sewer or storm drainage p~pes ~n the area proposed for closure. Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 2 Private Utilities Hampton Roads Sanitabon District has ~nd~cated that no facihbes are located ~n the wc~n~ty of this request. Dominion V~rg~n~a Power and Virginia Natural Gas are currently rewewing this request to determine ~f any private utilities exist w~th~n the area proposed for closure. Public Safety Police: Fire and Rescue: No Comments. No Comments Comprehensive Plan The Comprehensive Plan Map ~denbfies this site as suitable for suburban employment including business parks, offices and appropriately located industrial and employment support uses. Located w~thm the Courthouse/Sandbridge Planning Area, the Plan recommends that property management and development within th~s area take into account environmental ~ssues, open space needs, and quality aesthebcs. Evaluation of Request Th~s request cannot be recommended for approval. On September 14, 1993, City Council approved a request to close this same portion of Old London Bridge Road in conjunction with the Churchill Downs' applicabon for a horse race track on this property As Churchill Downs did not receive a I~cense from the Commonwealth of V~rginia to operate the track, the street closure was not completed. The owners of the property, who were also the owners of the property at the time of the 1993 request, now desire to proceed with the closure of the right-of-way. Staff, however, ~s not supportive of th~s request, primarily because, unlike the previous approval, there ~s no plan of development associated with the future use of the majority of the site. It ~s unclear how this right-of-way w~ll be ~ncorporated into any future development of this parcel, s~nce neither a concept plan nor a s~te plan was submitted with th~s request. The apphcant's representative has ~nd~cated that ~t ~s the ~ntent of the owner of Parcel C- 1 to develop the site by right under the ex~sbng zoning of R-20 Residential D~stnct. Th~s Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 3 approximately 49 acre site is currently undeveloped and not encumbered by restrictive easements of the Un~ted States Navy as is the case with a majority of the property on either the north or south side of Old London Bridge Road. With regard to the portion of Old London Bridge Road within the restrictive easement, the apphcant's representative has stated that it is the intent of the property owners to continue use of the property consistent with the agricultural uses ongoing to date. The Comprehensive Plan recommends use of this site for "suburban employment" including business parks, offices and appropriately located industrial and employment support uses. Both the Staff and the V~ewers d~d not feel that th~s request has been completely substantiated nor has a "need" for this public right-of-way been demonstrated in a manner consistent w~th the recommendations within the Comprehensive Plan. It ~s customary that w~th street closure requests of this magnitude, that the request include a plan indicating specifically how the desired right- of-way w~ll be used. Until such plans are submitted, it ~s difficult for Staff and the V~ewers to determine ~f ~t ~s appropriate for the City to agree to d~sposal of th~s public property. Based on th~s, Staff ~s not supportive of th~s request. Should this request be approved, however, staff recommends that the following conditions be included. Conditions . . The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant shall resubdiv~de the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval. The applicant shall verify that no private ut~ht~es ex~st within the right-of-way proposed for closure. Prehm~nary comments from the utihty companies indicate that there are no private utihhes within the right-of-way proposed for closure. If private utilities do ex~st, easements satisfactory to the utility company shall be prowded. Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 4 . Closure of the right-of-way shall be contingent upon compliance w~th the above stated conditions within 365 days of approval by C~ty Council. If the conditions noted above are not accomphshed and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void NOTE: Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 5 t Il ! II ..I .. ,,lJIm¢~ I MATCHUNE SE[ SHEL~F 2 OF 2 PLAT SHOWING PROPOSED CLOSURE OF A PORllON OF OLD LONDON BRIDGE ROAD Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 6 PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT - OF - WAY Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS I # 17 Page 7 Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 8 APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporabon below: (Attach list if necessary) if the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [] Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information COntained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required s~gn on the subject property at least 30 days pdor to the scheduled public hearing II accord~n~g~to the instructions in this package. Apphcanl's S~nature_ ........ ~ ' '" Pnnt Name Prol~ert~'Own~r's Signature (if dlffere~l than applicant) Print Name ~"~7 ~ Streel Closure Application Page 13 of 13 Revised 71112003 Planning Commission Agenda October 8, 2003 TAYLOR GROUP, BROWN, & BOURDONS / # 17 Page 9 Item #17 The Taylor Group, Claude P. Brown Betty B. Bourdon, Paul D. Bourdon & R. Edward Bourdon Discontinuance, closure and abandonment of a portion Of Old London Bridge Road District 6 Beach October 8, 2003 REGULAR Robert Miller: The next Item is Item #17, The Taylor Group, Claude P. Brown, Betty B. Bourdon, Paul S. Bourdon, and R. Edward Bourdon, Jr. and the rest of the Bourdons. Eddie Bourdon: I'm not asking for a deferral. For the record, I'm a fool representing myself on th~s apphcation. Eddie Bourdon, a V~rginia Beach attorney. Ronald Rlpley: I've done that Eddie too. Eddie Bourdon: What I'm passing around to each of you 1s a copy of the Navy Declaration taking the AICUZ easement that was acqmred over the property, I'm going to describe to you in a moment. Back in the year 1982, this ~s an application that you all heard this morning to close a portion of Old London Bridge Road that untd about 10 years ago was paved and was the road that begins at a pmnt of a few hundred feet east of Harper's Road and extends across what is today cultivated farm fields w~th no improvements on th~s whole right-of-way, all the way down here to where the old fight- of-way comes back into the new right-of-way across from the condominiums that the Dragas Company bmlt as part of the Castleton subd~ws~on. The area of Old London Bridge Road ~n question was closed by ordinance of City Council back ~n 1993 as a part of the Churchdl Downs application when we were hoping to have a thoroughbred race track on th~s property. The closure was in no way shape nor form conditioned at that t~me upon whether Churchdl Downs got a hcense or not, but Churchdl Downs was suppose to take care of finishing the closure of the street and pa3ang for lt. That didn't happen and yours truly the fool has h~mself for a client faded to push them to complete ~t so basmally it dropped through the cracks and we're back today to do whmh Councd has already approved one t~me w~thout any conditions attached other than the conditions that are in your evaluation and your write up. The hne you see right here ~s the line of demarcation of the Navy's easement that I passed you all out copies of. Now the easement that I gave you a copy of impacts th~s property here whmh ~s the Brown/Bourdon property but identical easement impacts all of the Taylor Group property here and all the property down below Old London Bridge Road above New London Bridge Road. The only port~on of the property surrounding Old London Bridge Road that is not restricted by those easements ~s th~s section here at the southeast corner of Old London Bridge Road. All the property has R-20 zoning on it, however, only th~s sectmn here can be developed with the R-20 zoning. All of the encumbered property can only be used for agriculture or for a pubhc utlhty station. And that's exactly what exists right here. Venzon has a little switching station here. Those are the only uses that are allowed under that easement on any of this property, is agriculture or a public utdlty substation. There is absolutely, positively no intention whatsoever, interest, etc, that any public utdlty station on any of this property. And any development that might occur on this property in the future would reqmre a rezomng. The City of Virgima Beach, the Planmng Commission and C~ty Council have absolute control over any change from Agriculture on any of this property ~nto which th~s closed street would be ~ncorporated with the closure, which is what was supposed to happen many years ago. Th~s section here at the southeast comer will be ~ncorporated into th~s property, which has R-20 zoning which there is a purchaser on from The Taylor Group and they wall be subd~mdlng the property ~nto residential budding lots w~th one entrance, etc. And, to leave this road there and improve th~s road in addition to the entrance of the subd~wsion would really not make any sense whatsoever from a development standpoint. So, we're requesting this street be closed as was already been unanimously approved for closure, by Planmng Commission and City Council 10 years ago with the same conditions that were attached then. We obviously will be paying for the land. And, it's a fmrly significant amount of land in total of 3.3 acres. And, the property will be put on the tax rolls and the city will beg~n to generate some ~ncome from lt. Not a huge amount but then again, soybean fields don't generate a lot of demand for c~ty services either. So, we would respectfully request that the apphcat~on be approved, as ~t was 10 years ago and sent on to C~ty Councd subject to the conditions that are contmned in the staff report which are acceptable to us. Ronald R~pley: Are there any questions? Charhe Salle'. Charlie Salle': What uses d~d you say was allowed on the property by the easement? Ed&e Bourdon: The only use that is allowed under the zoning on the property is agriculture or a pubhc utility station. And, ~f you look on page at the top it wall say 0887. Walt, I'm off a page. It will say 0888 and look down under number two. These are uses that are not prohibited by everything that came before it and you go through that hst as I have and staff has this as well. And, you look at R-20 zoning, which the property has there are only two uses permitted under R-20 zomng that are permitted under these restrictions that are held by the Department of Defense and that ~s number four and number two. Number two, pubhc utd~t~es installations, stations, storages and offices, agmn, that is for pubhc utd~tles. And, number four ~s agriculture and horticulture uses. There are no other uses that are permitted under these restrictions that are permitted ~n R- 20 zoning. And, If you look at 0886, the bottom of the page, restrlct~on B1, "property shall not be used for any of the following" and number one, "any type of residential dwelhng" and ~t goes on and on. You can read through those. There ~s no use for that p~ece of property under the current zoning except for what ~t ~s currently used for and that's all that's ~ntended is that the property be put ~nto the emst~ng property and put on the tax rolls and ~t will continue to be farmed. The property that we own is not for sale in anyway, shape nor form. We have been ~n negotiations w~th The Taylor Group and may well buy some of the surrounding property and add ~t to our farm g~ven the mrcumstances that they're ~n terms of all the property being for sale and we would be part of the process. But, there ~s no plan on our part to develop and there is no plan on their part to develop. They're selhng the property for reasons that everyone is aware of. Ronald Ripley: Are there any other questions? You alnght Charlie? Charhe Salle': Yes. Ronald R~pley: Is them anybody else speaking in favor? Is there anybody speaking opposed? Okay. Do you want to d~scuss it? Are there any comments? Jan. Jamce Anderson: Just to make a quick comment. I would support the apphcat~on. I th~nk the recommendation Is for demal because there's not an attached plan. We're developing on the s~te that is associated with the closure of the street but the basic ~s not the street. It's not going to be used by the city. They don't have any plans to use it ~n the future. The public will not be adverse by the closing of the street. Half of it is not even paved. There's no pubhc utilities or any kind of facility in there so I don't see why I shouldn't support ~t. Ronald Rtpley: Okay. Charhe. Charhe Salle': I would support the apphcat~on. I understand the staff's position that they normally have some sort of plan which accompanies a street closure but in th~s case there being no uses for the property other than having agriculture use. I'm not sure what k~nd of plan you can come with that would do anything more than say ~t would be a farm. It's zoned R-20 and probably at some point ~t may be a request to rezone the property terms of some adjustable use. At that time, I th~nk we can address any Issues that would we probably address with respect a plan accompany this closure in a more detailed fashion. So, I th~nk we're pretty well protected and we don't need a plan for a farm and that should anything else happen we'll get another look at Ronald R~pley: Does anybody else have any comment? Robert Miller: I need to abstain. My firm is working on th~s project. Ronald Rlpley: Does anybody want to make a motion? Dorothy Wood: I'd like to make a motion that we approved Item #17, The Taylor Group. Ronald R~pley: A motion by Dot Wood, seconded by Barry Knight. Is there any further d~scuss~on? Heanng none, let's call for the question. AYE 10 NAY 0 ABS 1 ABSENT ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABS Ronald R~pley: By a vote of 10-0 with one abstention, the motion cames. Next ~tem please. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS OLD LONDON BRIDGE ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT- OF-WAY (MB 156, PG 22)(MB XX, PG XX) MAY 23, 2003, VIRGINIA BEACH, VIRGINIA" 18 WHEREAS, The Taylor Group, LLLP, Claude P. Brown, Betty B. Bourdon, Paul 19 S Bourdon and R Edward Bourdon, Jr. applied to the Council of the City of Virginia Beach, 2o Virginia, to have the hereinafter described street d~scont~nued, closed, and vacated; and 21 WHEREAS, ~t ~s the judgment of the Councd that smd street be d~scontlnued, 22 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 23 C~ty Council's adoption of this Ordinance, 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Vlrg~ma 26 Beach, Vlrg~ma 27 28 SECTION I 29 30 That the hereinafter described street be d~scont~nued, closed and vacated, subject 31 to certmn condmons being met on or before one (1) year from C~ty Council's adoption of this 32 ordinance: 33 34 35 GPIN's 2405-51-3413, 2405-32-3211, 2405-42-5570 and 2405-33-4348 35 36 37 38 39 40 41 42 43 44 45 46 47 48 All that certain piece or parcel of land s~tuate, lying and being ~n the City of Virginia Beach, Virginia, designated and described as "PORTION OF OLD LONDON BRIDGE ROAD TO BE CLOSED, AREA = 145,977 SF OR 3 351 AC" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT-OF-WAY (MB 156, PG 22)(MB XX, PG XX) MAY 23, 2003, VIRGINIA BEACH, VIRGINIA" Scale: 1" = 100', dated 05/23/03, prepared by MSA, P C, a copy of which is attached hereto as Exhibit A. SECTION II 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance. 51 1 The City Attorney's Office will make the final determination regarding 52 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 53 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 54 55 56 57 58 59 60 61 62 63 Closures," approved by City Council Department Copies of said pohcy are available in the Planning 2. The applicant shall resubdivide the property and vacate internal lot hnes to incorporate the closed area into the adjoining parcels The resubdivIsion plat shall be submitted and approved for recordation prior to final street closure approval 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure Preliminary comments from the utihty companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utlhtIes do exist, the apphcant shall provide easements satisfactory to the utility companies 63 64 65 66 67 68 69 70 1. If the preceding conditions are not fulfilled on or before November 25, 71 2004, this Ordinance will be deemed null and void without further action by the City Council 72 2. If all conditions are met on or before November 25, 2004, the date of final 73 closure IS the date the street closure ordinance is recorded by the City Attorney. 74 3 In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee IS authorized to execute whatever documents, if any, that 76 may be requested to convey such interest, provided said documents are approved by the City 77 Attorney' s Office 78 SECTION IV 79 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 80 Circuit Court of the City of Virginia Beach, Virginia, and indexed m the name of the CITY OF 81 VIRGINIA BEACH as "Grantor" and THE TAYLOR GROUP, LLLP, CLAUDE P. BROWN, 82 BETTY B. BOURDON, PAUL S BOURDON and R EDWARD BOURDON, JR. as 84 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year of approval by C~ty Council. If all conditions noted above are not in compliance and the final plat is not approved within one year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 83 "Grantee." 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 of Adopted by the Council of the Ctty of V~rg~ma Beach, Virg~ma, on th~s ~ ,2003 day CA-8949 October 14, 2003 I \l)ata\ATYXFolm,,\ht~_t_t Closure\WORKING\CA8949 ()RI) APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL SUFFICIENCY C~ty Attorney PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT- OF- WAY (MB 156, PG 22)(MB XX, PG XX) MAY 2,:3, 200,.3 VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Architecture · Planning Surveying. Engineering Environmental Sciences ~0'H ROUSE I)RIVE, VIRGINIA BEACH, VA 23462-t708 PHONF (757) 490-9264 FAX (7~J?) 490-0614 JOB# 00028 DATE 05/23/03 SCALE 1"=100' DWN BY MAS SHEET 1 OF 2 JOB# 00028 MATCHUNE SEE SHI~T 2 OF 2 PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT- OF- WAY (MB 156, PG 22)(MB XX, PG XX) MAY 23, 2003 VIRGINIA BEACH, VIRGINIA .. MSA, P.C. Landscape Architecture · Planning Surveying. Engineering Environmental Sciences q033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONF (7q7) 490-9264 FAX (757) 490-0634 I DAlE 05/23/03 I sCALE' 1"=100' I DWN BY MAS SHEET.~ OF 2 ~_~ VDH /455.33' , ~ / ~ / ~Z ~ T=230.86' ~ ~ / ~ CH=452.2~' , ,, ~.~ Area Vacated = / ~ CHB=S22 26 08 W ~-~ 18,179.44 sq. ft. ~*~ 0.41734 Acre RIGHT OF WAY UNE TO BE VACA~D ~ ~ow o~ r0RUERLY ~ / rile CH~Snm ~R0~DC~SnN¢ / / PINJ 1455-68-3796 / P ~ ~o7, P~ ~ / / (ZONED I1) VBH ~ AMERIGROUP SUPPORT / / / ~ ~ / LI S83~2'41"E 43.96' / / ~ / . ~ / L3 N04°na'nn"w 182 81' VDH / / ~ / La S85°13'21"W 44.72' .... ~ ~0./ / ~ / is ~8so~3m,,. 27 00' N o~oou~u~ II ~ / ~ / L6 S05°06'59"E 412.05' / ¢ ~ _~9,,~o/n~  SEARS GAD AREA OF STREET CLOSURE NOTES. I THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 2 THIS PLAT PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT 60 0 60 120 SCALE IN FEET VHBVanmse llangen Brust~ · Exhibit Plat Showing A Portion of Regent Univer~i.'.ty Drive to be Closed Adjacent m The Christian Broadcasting Network, Inc. DSC Fil~ Number B09-519 VHBCad File Nome 3136402st-c, lo~ Project Number Map J-lO Not to Scale R'20 The Taylor Group Claude B. Brown, Betty B. Bourdon Paul S. Bourdon & R. Edward Bourdon, Jr. R-20 IR-lO) Street Closure ZONING HISTORY 3-26-03 Modification of Land Use Plan - Granted 1-14-85 Change of Zoning (R-3 Residential District to R-5 Residential District) - Granted 1-14-85 Change of Zoning (R-5 Residential District to PD-H2) - Granted 2. 9-14-93 Street Closure - Granted 3. 9-14-93 Conditional Use Permit (horse race track) - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VTC One, L.L.C.- Street Closure (Portion of Regent University Drive) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Applicabon of VTC One, L.L.C. for the d~scontinuance, closure and abandonment of a portion of Regent University Drive beginning at a point approximately 500 feet south of Interstate 64 and running in a southerly direction a distance of 420 48 feet. DISTRICT 1 - CENTERVILLE The purpose of this request is to close a port~on of Regent University Drive and ~ncorporate the area ~nto a site being developed for a large office complex. The site plan for the office complex is currently under review by the City. Considerations: The portion of Regent University Dr~ve requested for closure is currently undeveloped right of way. The adjacent property proposed for the office complex was zoned for light industrial use in 1972. A street closure of West Centerville Turnpike was granted in 1993 on the office complex property The Viewers Committee has determined that the request to close a portion of Regent University Drive will not result in a public ~nconven~ence. The property will be ~ncorporated into a h~gh quality office complex that is being developed ~n accordance with the Comprehensive Plan recommendabons for th~s area. The Planning Commission placed this ~tem on the consent agenda because the closure poses no inconvenience and will be ~ncorporated ~nto the office complex development. 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 cond~bons: VTC One Page 2 of 2 The City Attorney's Office shall make the final determinabon regarding ownership of the underlying fee The purchase price to be paid to the C~ty shall be determined according to the "Policy Regarding Purchase of C~ty's Interest in Streets Pursuant to Street Closures," approved by City Council. Cop~es of the policy are available in the Planning Department. . The applicant shall resubd~vide the property and vacate ~nternal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval . The applicant shall verify that no private utilibes exist within the right-of- way proposed for closure. If private utilities do ex~st, easements sabsfactory to the ubhty company shall be provided. 4. The applicant must secure btle to the port~on of Regent University Drive currently owned by the Commonwealth of V~rginia. Closure of the right-of-way shall be conbngent upon compliance with the above stated cond~bons within one year of approval by C~ty Council. If the condibons noted above are not accomplished and the final plat is not approved within one year of the City Councd vote to close the right-of-way th~s approval shall be considered null and void. · Attachments: Ordinance 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: ~ I/~-' ~'~ ~ VTC ONE,LLC /# 19 October 8, 2003 General Information: APPLICATION NUMBER: B09-214-STC-2003 REQUEST: Street Closure ADDRESS: Porbon of Regent University Drive, beginning 500 feet south of Interstate 64 and running a d~stance of 420.48 feet Map B-9 ~C On, Not to Scale ELECTION DISTRICT: 1 - CENTERVILLE Street Closure SITE SIZE: 3,604.68 square feet STAFF PLANNER: Barbara Duke Planning Commission Agenda October 8, 2003 VTC ONE,LLC / # 19 Page 1 PURPOSE: To close a portion of Regent University Drive and ~ncorporate the area into a site being developed for a large office complex. The site plan for the office complex ~s currently under review by the City. Land Use, Zoning, and Site Characteristics: Existin.q Land Use and Zoninq The portion of Regent University Drive requested for closure ~s currently undeveloped right of way. Surrounding Land Use and Zoninq North: South: East: West: · Property proposed for the office complex / I-1 L~ght Industrial D~strict · Property proposed for the office complex / I-1 L~ght Industrial D~strict · Regent University / 0-2 Office D~stnct · Property proposed for the office complex / I-1 L~ght Industrial District Zonin,q History The adjacent property proposed for the office complex was zoned for light ~ndustrial use ~n 1972. A street closure of West Centervdle Turnpike was granted in 1993 on the office complex property. Other zoning acbons on surrounding properties are noted on the zoning history map. Public Facilities and Services Water and Sewer There are no sewer or water ubl~bes within the right-of-way proposed for closure. Public Works There are no drainage structures w~thin the right-of-way proposed for closure. Planning Commission Agenda October 8, 2003 VTC ONE,LLC / # 19 Page 2 Public Safety Police: Fire and Rescue: No Comments. No Comments. Private Utilities Preliminary comments from Hampton Roads Sanitation District ~ndicate there are no utilities within the r~ght-of-way proposed for closure. No comments have been received from Dominion Power or V~rg~nia Natural Gas Comprehensive Plan The Comprehensive Plan recommends that th~s area be developed with office uses consistent with the underlying zoning of I-1 Light Industrial District. Evaluation of Request The V~ewers Committee has determined that the request to close a portion of Regent University Drive will not result in a public ~nconvenience. The property wdl be incorporated into a h~gh quahty office complex that is being developed in accordance w~th the Comprehensive Plan recommendabons for th~s area The requested closure of a portion of Regent University Drive ~s recommended for approval w~th the following condibons. Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of C~ty's Interest in Streets Pursuant to Street Closures," approved by City Council. Cop~es of the pohcy are available ~n the Planning Department 2. The applicant shall resubdivide the property and vacate ~nternal lot lines to ~ncorporate the closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval. Planning Commission Agenda October 8, 2003 VTC ONE,LLC I # 19 Page 3 3. The applicant shall verify that no private ut~llbes ex~st within the right-of-way proposed for closure. If private utdities do ex~st, easements sabsfactory to the utility company shall be provided. 4. The applicant must secure btle to the portion of Regent University Drive currently owned by the Commonwealth of Virginia. . Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way th~s approval shall be considered null and void NOTE: Further conditions may be required during the administration of applicable Cit~ Ordinances. Planning Commission Agenda October 8, 2003 VTC ONE,LLC / # 19 Page 4 NO~t OR FOR~£RLY THE C~R!STIAN BROAGCAST~NG / . , / ~/ / ,, ,, -/ ,,' ,,' 18,179.~ sq. / / / , / PR~OSED AUERtGR~P / / / / / SUPP~T CEN ~ER ~ j~ / // // ~ /~ / / / ~ / t I ~1 N~°42'41"W 43.~' / / / .~ / / ~ S04°~'44"E 182.81' ~/ / /~ / / ~ N85°I3'21"E 44.72' / ' / ,l~d// / L5 N85oI~'21"E 27,00' / }' // ~// / / // // / / / , , / / / / / / [ ....... ] PROPOS~D ~G~T-O~-WAY / / / / / ~ I VAC.~iO., / / / ~/ / / t ~ / ~ '~ PROPOSED ~G~-OF-WAY / Planning Commission Agenda October 8, 2003 VTC ONE,LLC / # 19 Page 5 Planning Commission Agenda October 8, 2003 VTC ONE,LLC / # 19 Page 6 Z I'" ~:~ DI$C"LOSURE'S'rATEME"~=i' ........... [ I I'11' Il[J1 ..................... I II IIII II HI I APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list alt members or partners in the organization below: (Attach list if necessary) --GEM INDIAN RIVER, LLC (See attached for members) -a wholly owned subsidiary to be formed of United States Media Corporation (see attached for officers) I-! Check here if the applicant ~s NOT a corporation, partnership, firm, or other unincorporated organization, , ,, [ CERTIF'IcATI~I: "'i' Cer~i~ that t~'er information'' co'ntaine~l herein. is'true and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heating, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public headng according to the instructions in this package Applicant's Si~ature Print Name THE ~HRYS~BROADCbSTIN~ NETWORK, IS(::. pVro~erty Ownej/s Sigr~ature 0f di~f~'ent'"'' z - ~-- 'than apphcant) .....Pnnt Name Skeet Closure Apptlcahon Page 13 of 13 Revised 711/2003 Planning Commission Agenda October 8, 2003 VTC ONE,LLC I # 19 Page 7 Z · ' I ..... I Il ' . ....... I ...r III I I [J I I I I Il Ill Il Il APPLICANT DISCLOSURE If the applicant Is a CORPORATION, list ali officers of the Corporation below: (Attach list if necessary) I ' if the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list ff necessary) GEM Indian River, LLC (See attached for members) a wholly owned subsidiary ,.tO be formed_of ,~nited S~.a. tes Media Corporation (see attached for officers) [] Check here ~f the applicant is NOT a corporabon, partnership, firm, or other unincorporated organizatIon. CERTIFICATION: I certify that the information contained herein ts true and accurate. ! understand that, upon receipt of notification (postcard) that the apphcation has been scheduled for public hearing, I am responsible for obtaimng and posting the required Isi~5-~l the subject property at least 30 days pdor to the scheduled public heanng Bye-:aci:°rding t° the ~hstru'~i°ns In th's package ~r.r~"~ ~/O~A~, i V'~~-~~ ~ ~-'L~3 APl~h~:m6t's S'gn tu~ rmt Name ' Property Owner's Signature (if dtfferent than applicant) Pnnt Name :--::.:::: , ,,, ' : ;;;,' ,' ...... "j ........ /..:..:..., ; :: ;- :; ":::' . , ~ [ ........ [[ , Street Closure Apphcat,on Page 13 of t3 Revlsec 711/2003 Planning Commission Agenda October 8, 2003 VTC ONE,LLC / # 19 Page 8 ATTACHMENT TO DISCLOSURE STATEMENT UNITED STATES MEDIA CORPORATION Members: M.G. Robertson President/Chairman/CEO Michael Carter Vice President G. Michael Carter Vice President Michael D. Little VP/AS ATTACHMENT TO DISCLOSURE STATEMENT GEM INDIAN RIVER, LLC Members: John L. Gibson, III Douglas D. Ellis Brace A. Berlin Donna Whittaker Planning Commission Agenda October 8, 2003 VTC ONE,LLC / # 19 Page 9 Item # 19 VTC One, L.L.C. Discontinuance, closure and abandonment of a portion of Regent University Drive District 1 Centervllle October 8, 2003 CONSENT Dorothy Wood: The next item on consent is Item #19. It's VTC one, L.L.C. It's an Ordinance upon Application of VTC one, L.L.C. for a discontinuance, closure and abandonment of a portion of Regent University Drive in the Centervdle District and it has five conditions. Yes sir. Sam Kroll: I'm Sam Kroll. I'm with Williams Mulhns representing the applicant. We've reviewed the conditions and they are all acceptable. Dorothy Wood: Thank you Mr. Kroll. Sam Kroll: Thank you. Dorothy Wood: Is there any opposition to Item #19, VTC One, L.L.C., an ordinance upon apphcatlon of VTC for a closure of a portion of Regent University Drive with five conditions? Heanng none, Mr. Strange, would you explain why the Planmng Commission put this one on consent agenda? Joseph Strange: Sure. Item #19 is a street closure for a portion of Regent University Drive. That's about 420 feet. The purpose is to close a port~on of Regent University Drive to incorporate the area into a site being developed for a large office complex. And the site plan for this office complex is currently under review by the City. The portion of Regent University requested for closure is currently an undeveloped right-of-way. The Comprehensive Plan recommends this area be developed with office uses consistent with the underlying zoning I-1 Light Industrial District. The Viewers Committee has determined that the request to close a pomon of Regent University Drive will not result m a public inconvenience. The property will be incorporated into a high quality office complex that is being developed in accordance with the Comprehensive Plan recommendation for this area. This is another comment under the proposal here that this office complex they're projecting may employ about 2,000 people in that area there. With five conditions attached to it we recommend that ~s be consented. Dorothy Wood: Thank you sir. Mr. Rlpley, I would move to approve this item on the consent agenda, which is Item #19, VTC One. It's an ordinance upon application of VTC One, L.L.C. for a closure of a portion of Regent University Drive in the Centervdle District with five conditions. Item # 19 VTC One, L.L.C. Page 2 Ronald Rlpley: We have a motion. Do I have a second? Gene Crabtree has seconded it. Is there any discussion on the motion? Heanng none, we'll 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS REGENCY UNIVERSITY DRIVE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT PLAT SHOWING A PORTION OF REGENT UNIVERSITY DRIVE TO BE CLOSED ADJACENT TO THE CHRISTIAN BROADCASTING NETWORK, INC., DSC FILE NUMBER B09-519" 18 WHEREAS, VTC One, L L.C applied to the Council of the City of Virginia 19 Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and 2O WHEREAS, ~t ~s the judgment of the Council that smd street be discontinued, 21 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 22 City Council's adopuon of this Ordinance; 23 24 25 26 27 28 NOW, THEREFORE, BE IT ORDAINED by the Councd of the C~ty of V~rg~ma Beach, V~rginla SECTION I 29 That the hereinafter described street be discontinued, closed and vacated, subject 30 to certain cond~tlons being met on or before one (1) year from City Council's adoption of this 31 ordinance. 32 33 34 35 36 GPIN 1455-68-3796 37 38 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 The following conditions must be met on or before one (1) year from City 53 Council's adoption of th~s ordinance. 54 1. The City Attorney's Office will make the final determination regarding 55 ownership of the underlying fee The purchase price to be paid to the C~ty shall be determined 56 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 57 Closures," approved by City Council Copies of said policy are available in the Planmng 58 Department 59 2. The apphcant shall resubdivide the property and vacate internal lot lines to 60 incorporate the closed area into the adjoining parcels The resubdivlslon plat shall be submitted 61 and approved for recordation prior to final street closure approval. 62 3 The applicant shall verify that no private utilities exist within the right-of-way 63 proposed for closure. Preliminary comments from the utdlty companies indicate that there are 64 no private utdmes within the right-of-way proposed for closure. If private utdmes do ex~st, the 65 applicant shall provide easements satisfactory to the utlhty companies All that certmn piece or parcel of land s~tuate, lying and being in the City of Virginia Beach, V~rginia, designated and described as "AREA VACATED = 18,179 44 SQ. FT., 0 41734 ACRE" shown as the cross-hatched area on that certain plat entitled: "EXHIBIT PLAT SHOWING A PORTION OF REGENT UNIVERSITY DRIVE TO BE CLOSED ADJACENT TO THE CHRISTIAN BROADCASTING NETWORK, INC., DSC FILE NUMBER B09-519", Scale' 1"= 60', dated 11/03/03, prepared by Vanasse, Hangen, Brusthn, Inc., a copy of which is attached hereto as Exhibit A. SECTION II 66 66 4. The applicant must secure role to the port~on of Regent Umverslty Drive 67 currently owned by the Commonwealth of V~rg~nia 68 5 Closure of the right-of-way shall be connngent upon comphance w~th the 69 above stated conditions w~th~n one year of approval by C~ty Council. If all conditions noted 70 above are not ~n comphance and the final plat ~s not approved w~th~n one year of the City Council vote to close the street, th~s approval will be considered null and void 71 72 73 74 75 SECTION III 76 1. If the preceding conditions are not fulfilled on or before November 24, 77 2004, th~s Ordinance will be deemed null and void w~thout further action by the C~ty Council 78 2. If all conditions are met on or before November 24, 2004, the date of final 79 closure is the date the street closure ordinance ~s recorded by the C~ty Attorney. 8o 3 In the event the C~ty of V~rg~ma Beach has any ~nterest ~n the underlying 81 fee, the C~ty Manager or h~s designee ~s authorized to execute whatever documents, ~f any, that 82 may be requested to convey such ~nterest, provided smd documents are approved by the C~ty 83 Attorney' s Office. 84 85 SECTION IV 86 A cemfied copy of th~s Ordinance shall be filed ~n the Clerk's Office of the 87 C~rcult Court of the C~ty of V~rg~ma Beach, V~rg~ma, and indexed ~n the name of the CITY OF 88 VIRGINIA BEACH as "Grantor" and VTC One, L.L C as "Grantee." 89 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 I10 of Adopted by the Council of the C~ty of V~rg~ma Beach, Virg~ma, on th~s ~ ,2003 day CA-8948 November 5, 2003 I \Data\ATY~Forms\~treet Closure\WORKING\ca8948 ord doc Department APPROVED AS TO LEGAL C~ y~ttor~ey" Map B-9 Not to Scale VTC One, 0-2 0-2 I-1 Street Closure ZONING HISTORY 4o 1 09/28193 - STREET CLOSURE - Granted 2. 03/27/72 - REZONING - RD-1 Residential to MI-3 Industrial- Granted 3. 07~0~93 - REZONING to 0-2 Office District - Granted 4. 04/10184 - CONDITIONAL USE PERMIT (relay device) - Granted 5. 01/16/84- REZONING to R-40 Residential- Granted 01/16/84 - CONDITIONAL USE PERMIT (horse stable) - Granted GITY OF VIRGINI~ BE~GH AGENDA ITEM ITEM: Cavalier Golf & Yacht Club - Street Closure (Portion of Tanager Trail) MEETING DATE: November 25, 2003 · Background: Appl~cahon of Cavalier Golf & Yacht Club for the d~scontlnuance, closure and abandonment of the cul-de-sac at the eastern terminus of Tanager Tra~l DISTRICT 5 - LYNNHAVEN The purpose of th~s request ~s to close a port,on of Tanager Tra~l and ,ncorporate the closed porbon ~nto a proposed condominium project On October 28, City Councd deferred th~s matter to the November 25 meet~n,q Considerations: The paved port~on of the street terminates just north of the cul-de-sac, the porhon of right-of-way to be closed The paved port~on of the street ~s narrow and serves only the s~ngle-fam~ly residences along the south s~de of the right-of-way The street was platted ~n February 1955 and ~s a part of the B~rdneck Point subdlws~on The request to close a port~on of Tanager Tra~l ~s acceptable The cul-de-sac port~on ,s unimproved and not utilized by the public The v~ewers met and determined that the proposed street closure would not present an ~nconven~ence to the public Staff recommended approval There was no opposition to the request Recommendations: The Planning Commission passed a mohon by a recorded vote of 10-0 to approve th~s request w~th the following conditions 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 "Pol,cy Regarding Purchase of C~ty's I I Cavalier Golf and Yacht Club Page 2 of 2 Interest ~n Streets Pursuant to Street Closures," approved by C~ty Council Cop~es of the policy are available ~n the Planning Department The applicant shall resubd~wde the property and vacate ~nternal lot I~nes to ~ncorporate the closed area ~nto the adjoining parcels The plat shall be submitted and approved for recordation prior to final street closure approval The apphcant shall verify that no private ut~l~bes ex~st w~th~n the right-of- way proposed for closure Preliminary comments from the utility companies ~nd~cate that there are no private utilities w~th~n the right-of-way proposed for closure If private ubl~hes do ex~st, easements, sabsfactory to the utility company shall be prowded The applicant shall dedicate a twenty-foot public ubl~ty easement for maintenance and repair of the 5-~nch water I~ne that ~s located at the southern edge of the right-of-way, or shall relocate the waterline subject to the approval of the Department of Public Utilities Closure of the right-of-way shall be conhngent upon compliance w~th the above stated conditions w~th,n 365 days of approval by C~ty Council If the cond~bons noted above are not accomplished and the final plat ~s not approved w~th~n one year of the C~ty Council vote to close the right-of-way th~s approval shall be considered null and void · Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Locabon Map Ordinance Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department~~.~ City Manager: ~~' '~b'¢~2' CAVALIER GOLF & YACHT CLUB / # 18 September 10, 2003 General Information: APPLICATION NUMBER: L06-215-STC-2003 REQUEST: Street Closure ADDRESS: The eastern terminus of Tanager Tra~l (the cul-de-sac) Map L-6 Cavalier Yacht Club Plo~ Not R-40 ELECTION DISTRICT: SITE SIZE STAFF PLANNER: Street CIo~ure 5 - LYNNHAVEN 0 167 acres (7,307 square feet) Faith Chnsbe Planning Commission Agenda September 10, 2003 CAVALIER GOLF & YACHT CLUB / # 18 Page 1 PURPOSE: To close a port~on of Tanager Tra~l and ~ncorporate the closed port~on ~nto a proposed condominium project Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The paved port~on of the street terminates just north of the cul- de-sac, the port~on of r~ght-of-way to be closed The paved port~on of the street ~s narrow and serves only the s~ngle-famdy residences along the south s~de of the r~ght- of-way Surrounding Land Use and Zon~n,q North: South: East: West: The Cavaher Golf Course / R-40 Res~denbal · The Seashore Motor Inn / H-1 Hotel · The Cavaher Golf Course / R-40 Residential and · The Seashore Motor Inn / H-1 Hotel · An office budding and a s~ngle famdy dwelhng / O- 2 Office and R-15 Res~denbal Zoninq History The street was platted ~n February 1955 and ~s a part of the B~rdneck Point subd~ws~on Public Facilities and Services Water and Sewer There ~s a five (5) ~nch water I~ne located w~th~n the proposed Street Closure area of the cul-de-sac A twenty-foot pubhc ubhty Planmng Commission Agenda ~'-,~ ~, September 10, 2003 ~2'"-r~'?/dc,... ~...~ CAVALIER GOLF & YACHT CLUB / # 18 Page 2 easement must be dedicated for maintenance and repair of the water I~ne No construction or encroachments wdl be permitted w~th~n the easement (The apphcant for the adjacent proposed condominium project has ~nd~cated to staff that relocabon of the waterline, subject to the approval of the Public Ubht~es Department, w~ll also be explored) Public Works No comments Public Safety Police: No Comments Fire and Rescue: No Comments Private Utilities Dominion V~rg~n~a Power, V~rg~n~a Natural Gas and Hampton Roads San~tabon D~stnct have no objecbons to the Street Closure request Comprehensive Plan The Comprehensive Plan map depicts th~s area as Suburban Res~denbal/Low Density, planned at or below 3 5 dwelhng un,ts to the acre Evaluation of Request The request to close a port~on of Tanager Trad ~s acceptable The cul-de-sac port~on ~s unimproved and not ubhzed by the pubhc The wewers met and determined that the proposed street closure would not present an ~nconven~ence to the public Therefore staff recommends approval of the request subject to the following cond~bons Planning Commission Agenda September 10, 2003 CAVALIER GOLF & YACHT CLUB / # 18 Page 3 Conditions 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 "Policy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to Street Closures," approved by City Council Copies of the pohcy are available ~n the Planning Department The applicant shall resubd~wde the property and vacate ~nternal lot hnes to ~ncorporate the closed area ~nto the adjoining parcels The plat shall be submitted and approved for recordabon prior to final street closure approval The apphcant shall verify that no private ut~hbes ex~st w~th~n the r~ght-of-way proposed for closure Prehm~nary comments from the ubl~ty companies ~nd~cate that there are no private ut~hbes w~th~n the r~ght-of-way proposed for closure If private ubl~bes do ex~st, easements, sabsfactory to the ubl~ty company shall be prowded The applicant shall dedicate a twenty-foot pubhc ubhty easement for maintenance and repair of the 5-~nch water hne that ~s located at the southern edge of the r~ght-of-way, or shall relocate the waterline subject to the approval of the Department of Pubhc Ubl~bes Closure of the r~ght-of-way shall be conbngent upon compliance w~th the above stated cond~bons w~th~n 365 days of approval by C~ty Council If the cond~bons noted above are not accomplished and the final plat ~s not approved w~th~n one year of the C~ty Council vote to close the r~ght-of-way th~s approval shall be considered null and void INOTE: Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda September 10, 2003 CAVALIER GOLF & YACHT CLUB / # 18 Page 4 Planning CommissionAgenda ~; ~*;~ September 10, 2003 -; l ,; CAVALIER GOLF & YACHT CLUB / # 18 ~<<~"~ ~'.~.,°'~"~; ~ Page 5 Planning Commission Agenda September 10, 2003 CAVALIER GOLF & YACHT CLUB / # 18 Page 6 Planning Commission Agenda September 10, 2003 CAVALIER GOLF & YACHT CLUB / # 18 Page 7 DISCLOSURE STATEMENT Applicant's Name Cavatler Golf & Yacht Club ListAIICurmnt Internat. ional Investors, Denise H. Webb and Property Owners; Cavalier Golf & Yacht Club APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach I~st if necessary) Del Corum, Ron Forrestd, Joh,~ Napolitano, Joe Robbins and Bob Young, John M~lleson,mgr. If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) E].Check here if the apphcant 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 is a CORPORATION, list all officers of the Corporation below.' (Attach list ff necessary) ' Cavalier Golf & Yacht Club, Del Corum, Ron Forresta, John Napolitano, Joe Robbins and Bob Young If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the orgamzat~on beto~ (Attach l~st rf necessary) International Investors: Ll¥od T. Tarbutto~, gen. part. [] Check here ~f the property owner is NOT a corporation, partnership, firm, or other umncorpo~'ated organization CERTIFICATION' I certify that the information contained herein is true and accurate. Sig~ ....... Print Name ]11 II I IIIllAILL .!....I..~ .................... ,, . ............ ~ .......... -- ....... , , ,, .... , ....... Stree~ Closure apphcation Page 8 of 15 m~x~,fed 10 16 2002 Planning Commission Agenda September 10, 2003 CAVALIER GOLF & YACHT CLUB / # 18 Page 8 Item #26 Cavalier Golf and Yacht Club Application of Cavalier Golf & Yacht Club for the &scontlnuance, closure and abandonment of the cul-de-sac at the eastern terminus of Tanager Trail District 5 Lynnhaven October 8, 2003 REGULAR Dave M~ller. For the record, I'm Dave Miller a local attorney representing the Cavalier We are requesting the street closure. Cavalier is the petitioner. I think you've been provided with a letter from the other two contiguous property owners. I'd ask that you call for the question. Ronald Rlpley: Do we have a motion? A motion by Dot Wood and seconded by Kathy Katslas. Let's call for the question AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABSENT Ronald Rlpley: By a vote of 10-0, the motion carries Is there anything else to come before the Commission? This meeting is adjourned 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS TANAGER TRAIL AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT SHOWING STREET CLOSURE PLAT EASTERN TERMINUS OF TANAGER TRAIL BIRDNECK POINT, CLUB SECTION, M.B 27, P 35, M.B 38, P 3, VIRGINIA BEACH, VIRGINIA" 18 WHEREAS, Cavaher Golf & Yacht Club apphed to the Council of the C~ty of 19 V~rglma Beach, Vlrglma, to have the hereinafter described street d~sconnnued, closed, and 20 vacated, and 21 WHEREAS, it is the judgment of the Council that said street be d~sconnnued, 22 closed, and vacated, subject to certain condmons having been met on or before one (1) year from 23 C~ty Councd's adoption of this Ordinance; 24 25 26 27 28 29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of V~rglma Beach, V~rglma SECTION I 30 That the hereinafter described street be d~scontlnued, closed and vacated, subject 31 tO certmn conditions being met on or before one (1) year from Cay Council's adoption of th~s 32 ordinance: 33 34 GPIN 2418-51-9145, 2418-61-6238 and 2418-25-3175 35 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA OF STREET CLOSURE, (7,307 sq. ft/0.167 acres) as shown as the cross-hatched area on that certain plat entitled: "EXHIBIT SHOWING STREET CLOSURE PLAT EASTERN TERMINUS OF TANAGER TRAIL, BIRDNECK POINT CLUB SECTION, M.B 27, P. 35, M.B. 38, P 3, VIRGINIA BEACH, VIRGINIA", Scale 1' = 40', dated May 5, 2003, prepared by Gallup Surveyors & Engineers, LTD, a copy of which is attached hereto as Exhibit A. SECTION II 5o The following conditions must be met on or before one (1) year from C~ty 51 Council's adoption of this ordinance 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee The purchase price to be paid to the City shall be determined 54 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 55 Closures," approved by City Council. Copies of said policy are available in the Planning 56 Department 57 2 The applicant shall resubdlvlde the property and vacate internal lot lines to 58 incorporate the closed area into the adjo~mng parcels The resubdlvlslon plat shall be submitted 59 and approved for recordation prior to final street closure approval 60 3. The applicant shall verify that no private utilities exist within the right-of- 61 way proposed for closure Prehm~nary comments from the utility companies ~ndlcate that there 62 are no private utilities within the right-of-way proposed for closure If private utilities do exist, 63 the applicant shall provide easements satisfactory to the utility companies. 64 4 The apphcant shall dedicate a twenty-foot pubhc utd~ty easement for 65 maintenance and repair of the 5-~nch water line that ~s located at the southern edge of the right- 66 of-way, or shall relocate the water hne subject to the approval of the Department of Public 67 UtlhtleS. 68 5 Closure of the right-of-way shall be contingent upon comphance w~th the 69 above stated conditions w~thxn one year of approval by City Councd. If all conditions noted 7o above are not in comphance and the final plat ~s not approved w~thln one year of the C~ty 71 Councd vote to close the street, thru approval will be considered null and void 72 73 SECTION III 74 75 1 If the preceding cond~tlons are not fulfilled on or before November 24, 76 2004, this Ordinance will be deemed null and void w~thout further action by the City Council 77 2 If all conditions are met on or before November 24, 2004, the date of final 78 closure is the date the street closure ordinance is recorded by the City Attorney 79 3 In the event the C~ty of Vlrg~ma Beach has any interest in the underlying 8o fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 81 may be requested to convey such ~nterest, provided said documents are approved by the City 82 Attorney's Office. 83 SECTION IV 84 A certffied copy of th~s Ordinance shall be filed ~n the Clerk's Office of the 85 C~rcmt Court of the C~ty of V~rglnla Beach, V~rg~ma, and Indexed ~n the name of the CITY OF 86 VIRGINIA BEACH as "Grantor" and CAVALIER GOLF & YACHT CLUB as "Grantee" 87 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 of Adopted by the Council of the C~ty of Vlrglma Beach, V~rglnla, on this ~ ., 2003. CA-8915 October 9, 2003 I \Data\ATY\! orms\%trc~_t CIo~ur~_\WORKIN(~ca8915 ord doc Department APPROVED AS TO LEGAL SUFFICIENCY City Attorney day M~ ~6 Cavalier & Yacht Club Not t~ , R-40 ~ R-40 Street Closure ZONING HISTORY 1. 6-18-63: Rezon~ng (R-S3 Residence Suburban to L-C1 L~mited Commercial) - Approved 7-8-85: Conditional Use Permit (Multiple-family dwellings)- Den~ed 2 6-18-63: Rezon~ng (R-S3 Residence Suburban to C-G1 General Commercial) - Approved 1-3-66: Conditional Use Permit (Gasohne Station)- Approved 11-27-90: Condibonal Use Permit (bre installation) - Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Demetrious Kouloukis, Street Closure - Admiral Wright Boulevard MEETING DATE: November 25, 2003 Background: Appl~cabon of Demertrious Koulouk~s for the discontinuance, closure and abandonment of a port~on of Admiral W,ght Boulevard located on the east side of Euclid Street, 450 feet more or less south of V~rg~n~a Beach Boulevard. Said parcel contains 15,111 square feet. DISTRICT 2 - KEMPSVILLE This request was granted by the C~ty Council on November 26, 2002. Considerations: Condition Number 5 attached to the approval of the Street Closure requires that the four other cond~bons be met w~th~n 365 days of C~ty Council's action. The applicant has noted that the condibons w~ll not be met w~th~n the specified time and ~s requesting an extension of four months Staff has no objecbons to this request for an extension of four months to March 25, 2004. Recommendations: Approval of the attached ordinance extending the time for complebon of all cond~bons to March 25, 2004 Attachments: Ordinance Staff Review Location Map Recommended Action: Staff recommends approval Submitting Department/Agency: Planning Departmen~ City Manager: (~~ IL- "~~ DEMETRIOUS KOULOUKIS/# 23 October 9, 2002 General Information: APPLICATION D07-210-STC-2002 NUMBER: REQUEST: Street Closure ADDRESS: Portion of Admiral Wright Boulevard on the west side of Euclid Road, 450 feet south of Virginia Beach Boulevard M~ D-7 Not to ~cmle Demertrious Kouloukis ELECTION DISTRICT: 2- KEMPSVILLE Street Closure SITE SIZE 15,111 square feet Planning Commission Agenda October 9, 2002 DEMETRIOUS KOULOUKIS/# 23 Page I PURPOSE: STAFF PLANNER: To close a portion of Admiral Wright Boulevard and incorporate the closed right-of-way ~nto adjoining properties owned by the applicant Barbara Duke Land Use, Zoning, and Site Characteristics: Existing Land Use and Zonin,q The portion of Admiral Wright [ Boulevard requested for closure ~s currently paved. There ~s no curb and gutter along the street edge and there are parking spaces on both s~des of the street that back out d~rectly into the street. The road dead-ends on the east s~de. Brian Avenue, which connects to the eastern end of the port~on of Admiral Wright Boulevard proposed for closure, is an unimproved paper street Surroundinq Land Use and Zoning North: South: East: West: · Auto Sales / B-2 Community Bus~ness D~stnct · Auto Repair / B-2 Community Bus~ness · Auto Sales and Service / B-2 Community Bus~ness · Office and Warehouse uses / I-1 L~ght Industrial Zonin,q History There have been numerous condibonal use permits for auto related uses ~n the area surrounding the right-of-way proposed for closure The applicant, who owns all property adjacent to the right-of-way proposed for closure, operates an auto sales bus~ness and an auto repair bus~ness. The applicant's property to the north of the proposed closure Planning Commission Agenda October 9, 2002 DEMETRIOUS KOULOUKIS/# 23 Page 2 was granted a condibonal use permit for auto sales ~n 1989 and again ~n 1994 The applicant's property to the south of the proposed closure was granted a conditional use permit for auto repair ~n 1992. Condibons are attached to the 1992 auto repair use permit that state that no outside storage of parts or ~noperable vehicles wdl be allowed and no outside repair work w~ll be done Public Facilities and Services Water and Sewer Water: Sewer: There ~s no public water line w~th~n the right-of-way proposed for closure There is no pubhc sewer hne w~thin the right-of-way proposed for closure Public Works The area proposed for closure ~s paved w~th asphalt Public Safety Police: No Comments. Fire and Rescue: No Comments Private Utilities V~rginia Natural Gas has an ex~sbng gas line within the area proposed for closure. Hampton Roads Sanitabon D~strict and Virginia Power have no facdibes w~thin th~s right- of-way Comprehensive Plan The Comprehensive Plan recommends this area for a variety of employment uses ~nclud~ng bus~ness parks, offices, appropriately located ~ndustnal and employment support uses. Planning Commission Agenda October 9, 2002 DEMETRIOUS KOULOUKIS/# 23 Page 3 Evaluation of Request The V~ewers have concluded that th~s street closure w~ll not result ~n a public inconvenience and is acceptable There ~s no ~denbfled public need for the portion of right-of-way proposed for closure. The applicant has stated that the right-of-way w~ll be ~ncorporated in adjacent parcels, allowing current separate bus~ness operations to be consolidated. It ~s recommended that the street closure be approved w~th the cond~bons I~sted below. Conditions o 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 City shall be determined according to the "Policy Regarding Purchase of C~ty's Interest ~n Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. . The applicant is required to resubdiwde the property and vacate ~nternal lot lines to incorporate the closed area ~nto the adjoining parcels The plat shall be submitted and approved for recordabon prior to final street closure approval 3. The area of closure is not an ~ndependent zoning lot and any use must comply with zoning, subd~ws~on and s~te plan ordinances. , The apphcant shall verify that no private ublibes ex~st w~th~n the right-of-way proposed for closure Preliminary comments from the ublity companies ~ndicate that there are V~rg~n~a Natural Gas ubl~bes w~th~n the right-of-way proposed for closure If private ubl~bes do ex~st, easements sabsfactory to the ublity company shall be prowded by the applicant . Closure of the right-of-way shall be contingent upon compliance with the above stated conditions w~th~n 365 days of approval by City Councd. If the conditions noted above are not accomphshed and the final plat is not approved within one year of the City Council vote to close the right-of-way th~s approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda October 9, 2002 DEMETRIOUS KOULOUKISI # 23 Page 4 gO.g £ Planning Commission Agenda October 9, 2002 DEMETRIOUS KOULOUKIS/# 23 Page 5 APPI,ICATI. ,I STREET CI.,OSU RE CITY OF VIRGINIA PA Gt- 40 tv I DISCLOSURE STATEMENT L~st Ail Ctt~etit PROPER'I Y OWNER DISCI.OSURE If the property owne~ ~s a CORI'ORA I'ION hat. If tim propel ty ownet Is a I'ARTNERSillP. FIRM, o~ uthm UNINCORPORA~i EI) OIIGANIZA'I ION, h,t ail membe rs o~ pm fnel s in the m gam~,mon below (All,wh hst ~nece~sa~ ~ ) If th e t, lqHIcant Is not th e cut tcnt owne~ o~ th e 1' opet ~}~ cntnl~h t~ the Apph{ tltl[ }Jr, i lo glt i: ~ t eli, ]JJ ~J{ }o n APP1ACAN I' DISCIX)SURE 1~ the apphcant ~q a P XI{TNI~RSlllP, FIRM, or olher IININCOI{PORATIvD Planning Commission Agenda October 9, 2002 DEMETRIOUS KOULOUKISI # 23 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ORDINANCE NO AN ORDINANCE EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE CLOSING, VACATING AND DISCONTINUING OF A UNIMPROVED PORTION OF ADMIRAL WRIGHT BOULEVARD, UPON THE APPLICATION OF DEMETRIOUS KOULOUKIS WHEREAS, on November 26, 2002, the Council of the City of Vlrg~ma Beach acted upon 16 the applications of Demetrious Kouloukls for the closure of the unimproved portion of Admiral 17 Wright Boulevard. 18 WHEREAS, on November 26, 2002 the Council adopted an Ordinance (ORD-2730A) to 19 close the aforesaid street, subject to certain condlt~ons being met on or before November 25, 2003; 20 and 21 WHEREAS, on October 21, 2003, the applicant requested an extension of time to satisfy the 22 conditions attached to the aforesaid street closure. 23 24 25 26 27 28 29 30 GPINS: 1467-95-3344, 1467-95-5259, 1467-95-7222, 1467-95-5171, 1467-95-6125 and 1467-95- 6255 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the date for meeting conditions of closure as stated in the Ordinance adopted on 34 November 26, 2003, upon apphcat~ons ofDemetnos Koulouk~s, ~s extended to March, 25, 2004 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 Adopted by the Council of the City of Vlrg~ma Beach, Vlrg~ma, on the ,2003. day of CA-9021 ORDINZNONCODE\CA9021.0RD Date: Monday, November 03, 2003 R1 APPROVED AS TO CONTENT il-b-o?:, Planning D ~t~"Tnt APPROVED AS TO LEGtA'~UFFICIENCY C~ty Attorney's Office ,0t? 9~',Z ,,~ ,.O£,gO.g Planning Commission Agenda October 9, 2002 DEMETRIOUS KOULOUKISI # 23 Page 5 I Map Not to ~cale Demertrious Kouloukis Street Closure ZONING HISTORY 1 Conditional Use Permit (Auto Sales)-Granted 9/18/89 & 6/14/94 2. Conditional Use Permit (Auto Repair) - Granted 4/14/92 3. Conditional Use Permit (Auto Sales/Service)- Granted 9/28/99 4 Cond~bonal Use Permit (Auto Sales)-Granted 1/9/89 5. Cond~bonal Use Permit (Auto Sales) - Granted 5/26/92 6 Condibonal Use Permit (Auto Sales/Service)-Granted 3/19/95 7. Cond~bonal Use Permit (Recreabonal Vehicle Sales/Storage)- Granted 6/9/92 8 Conditional Use Permit (Auto Sales Service) & Street Closure (Jersey Avenue) - Granted 3/14/00 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Back Bay Christian Assembly of God - Modification of a Conditional Use Permit (church) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of Back Bay Chnsban Assembly of God for Modification of a Condibonal Use Permit for a church approved by C~ty Councd on June 22, 1999. Property is located at 1196 Princess Anne Road (GPIN 2401812439). DISTRICT 7- PRINCESS ANNE The purpose of this request is to modify the cond~bon that limited the development to that depicted on the approved s~te plan submitted in 1999, ~n order to allow the construction of a 10,000 square foot building for additional classrooms and a gymnasium. Considerations: As the proposed 10,000 square foot addition was not depicted on the plan approved by C~ty Council in 1999, a modification to the existing Cond~bonal Use Permit, as described below, is requested. The applicant ~s proposing to construct a 10,000 square foot, freestanding building adjacent to the existing structure. The 80 foot by 125 foot building will provide additional classroom space and a gymnasium; however, the number of students w~ll not ~ncrease. Due to the frag~hty of the exisbng sepbc system, the Health Department has I~m~ted the number of students attending the school to 60. The older students who are currently using the sanctuary as classrooms dunng the week will use the new classrooms The proposed gymnasium, located w~th~n the structure, will be for the exclusive use of the students attending the school. No intramural or community acbwties are planned for th~s building. The Planning Commission placed th~s item on the consent agenda because the expansion of the existing use ~s appropriate for the s~te. 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 this request with the following cond~bons Back Bay Christian Assembly of God Page 2 of 2 ! Other than the modificabons listed below, all conditions set forth in the Conditional Use Permit approved by City Council on June 22, 1999, shall remain ~n effect 2. The development of the site shall be ~n substantial conformance w~th the concept plan entitled, "Prehminary S~te Development Plan of Back Bay Chrisban Assembly of God," prepared by Horton & Dodd, P.C., dated June 3, 2003, which has been exhibited to the City Council and is on file in the Planning Department . The proposed 10,000 square foot gymnasium and classroom budding shall be constructed in substantial conformance with the elevation entitled, "Preliminary Drawings for Back Bay Christian Assembly," prepared by Barnes Design Group, dated July 2, 2003, which has been exhibited to the City Council and ~s on file ~n the Planning Department. 4. All requirements of the Health Department shall be met and will be formally reviewed during final site plan review. Attachments: Staff Rewew D~sclosure Statement Planmng Commission M~nutes Locabon Map Recommended Action: Staff recommends approval. Planmng Commission recommends approval . /11 Submitting Department/Agency: Planmng Department~~~-~ City Manager~ ~--,~~ BACK BAY CHRISTIAN / # 11 October 8, 2003 General Information: APPLICATION NUMBER: K17-210-MOD-2003 REQUEST: Modification of Conditions placed on a Cond~bonal Use Permit for a church and school approved by City Council on June 22, 1999. ADDRESS' 1196 Pnncess Anne Road M~ - ~7 Not to Scole / AC;-I BackBav~Christian Assembly of God / AG-I / / / Mod~catmn of Conduu~ns GPIN: ELECTION DISTRICT: 24018124390000 7 - PRINCESS ANNE Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 1 i SITE SIZE. STAFF PLANNER: PURPOSE: 11.6 acres Carolyn A.K. Smith To modify the condition that hmited the development to that depicted on the approved s~te plan submitted ~n 1999, thus allowing the construction of a 10,000 square foot budding for additional classrooms and a gymnasium Major Issues: The church and school have an existing private well located in the rear of the property and a septic system located w~thin the City's right-of-way due to poor sods on s~te. It is essenbal that these systems remain protected during construction and are not overburdened due to the request. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There ~s an exisbng church and school on the property. The s~te ~s currently zoned AG- 1 and AG-2 Agricultural Districts Surrounding Land Use and Zoning North' South: East: West: · culbvated fields / AG-1 & AG-2 Agricultural D~stricts · cultivated fields / AG-1 & AG-2 Agricultural Districts · cultivated fields / AG-1 Agricultural D~strict · single-famdy dwelling / AG-2 Agricultural District Zoning History The original Conditional Use Permit for the church was granted on June 25, 1990 and then again ~n October 1993. Both permits expired prior to construction of the 200-seat sanctuary church and a new Use Permit was again granted on August 27, 1996. In Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 2 June of 1998, City Councd approved a Use Permit that authorized the operation of a preschool ~n a trailer adjacent to the sanctuary. In 1999, a request for a 2,250 square foot expansion to the church was also approved. Most recently ~n 2001, the church was granted a Conditional Use Permit to operate a ch~ldcare facility. In the vicinity, on a separate parcel to the southwest, C~ty Council approved a Conditional Use Permit and a Subdivision Variance for s~ngle-family development ~n 1992. On a site to the northwest, City Council also granted a Conditional Use Permit for a retail sales operation ~n 1982. 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 are not avadable. The church and school have an ex~sting private well located ~n the rear of the property and, due to poor so~ls on s~te, a sepbc system located w~thin the City's right-of-way. The Health Department has agreed to the proposed plans subject to the following conditions: , The daily wastewater flow would not be increased. The present number of students would not be ~ncreased (maximum of sixty (60) full-time students per year). , The gym will not be used for any ~ntramural sports and/or community activities. The use of the gym will be for the physical education instrucbon of the Back Bay Christian Academy Students. 3. Any new construction must meet required standoffs from the exisbng sewage d~sposal system and the existing water supply , The ~ntegrity of all exisbng ublities shall be protected during any construcbon by physical boundaries to prevent damage occumng to these systems 5 The church would actively pursue all possibilities for finding a s~te(s) for the future repair and/or expansion of the sewage Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 3 disposal system serving the church. This may mean acquiring additional property. Transportation Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use z_ 55 ADT Pnncess Anne Road 7,500 ADT ~ 7,400- 18,600 ADT ~ Proposed Land Use 3_ 55 ADT Sunday 216 tnps Average Dady Trips 2 as defined by a 200-seat sanctuary 3 as defined by a 200-seat sanctuary - no change expected Public Safety Police: The applicant ~s encouraged to contact and work with the Crime Prevenbon Office within the Pohce Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this s~te. Fire and Adequate. Rescue: Comprehensive Plan The Comprehensive Plan recommends this s~te as an area planned for agricultural and rural uses. Summary of Proposal Proposal The June 22, 1999 Conditional Use Permit has the following condibons which shall remain place: Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 4 · Rewew and approval of the Church expansion from the Virginia Beach Department of Health shall be obtained prior to the ~ssuance of a budding permits. The proposed add~bon shall not contain a kitchen. The ~nstallation of e~ther a sink or a stove in the addition shall be prohibited unless otherwise authorized by the Health Department. 2. The existing modular building must be removed at the time that the addition is completed or by August 2000, whichever comes first. 3. Site development shall be in substantial conformance with the s~te plan and rendenngs exhibited to the Planning Commission and C~ty Council. 4. All setbacks shall be measured from the ulbmate right-of-way for Princess Anne Road. . Dunng site plan review, calculabons shall be submitted to verify that the ex~sbng stormwater management facility ~s s~zed to treat the new ~mpervious surface generated by the proposed addition. As the proposed 10,000 square foot addibon was not depicted on the plan approved by City Council in 1999, a modification to the exisbng Conditional Use Permit, as described below, ~s requested. The applicant is proposing to construct a 10,000 square foot, freestanding building adjacent to the exisbng structure. The 80 foot by 125 foot building will provide additional classroom space and a gymnasium; however, the number of students will not increase. Due to the frag~hty of the existing septic system, the Health Department has hm~ted the number of students attending the school to 60. The older students who are currently using the sanctuary as classrooms during the week will use the new classrooms. The proposed gymnasium, located w~thin the structure, wdl be for the exclusive use of the students attending the school No ~ntramural or community activities are planned for th~s budding. · No add~bonal parking spaces on the s~te or seats ~n the sanctuary are proposed. The s~te plan does depict additional pavement extending from the parking lot to provide a one-way drop off and p~ck up area at the proposed gymnasium. Addibonal sidewalk is also shown ~n front of the new building Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 5 Architecturally, the new building ,s proposed with a brick front fa(;ade and tan metal right, rear and left facades and a metal roof, all in colors that match the exisbng building. Accents are proposed at the main entry and around the front w~ndows Evaluation of Request The modification to the ex~stmg Conditional Use Permit appears to be reasonable and is recommended for approval subject to the condibons below The applicant has worked w~th the Health Department to ensure that the sewage d~sposal and water systems wdl be protected. When the church was imbally approved, ~t was understood that expansion poss~bilibes were I~mited due to the poor soils on the s~te. As this request does not increase the number of seats ~n the sanctuary nor does the student enrollment increase, this request ~s acceptable Conditions Other than the modificabons I~sted below, all conditions set forth in the Conditional Use Permit approved by City Council on June 22, 1999, shall remain in effect. 2. The development of the site shall be in substantial conformance with the concept plan enbtled, "Preliminary Site Development Plan of Back Bay Chrisban Assembly of God," prepared by Horton & Dodd, P.C., dated June 3, 2003, which has been exhibited to the City Council and is on file ~n the Planning Department. 3. The proposed 10,000 square foot gymnasium and classroom building shall be constructed in substantial conformance with the elevation entitled, "Prehminary Drawings for Back Bay Christian Assembly," prepared by Barnes Design Group, dated July 2, 2003, which has been exhibited to the C~ty Council and ~s on file ~n the Planning Department. 4. All requirements of the Health Department shall be met and will be formally reviewed during final site plan review. Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 6 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 7 Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 8 i Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 9 Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 10 DISCLOSURE STATEMENT ~. ::~ ."' .... . iiI'lmll . .I . Jl . . l l,rl'lrutl I1' '1 ''' I IIIIII I II ' I 'lllll' Applicant's Name. AP_V. I~A~. ~.~i2J~FtAN AssembLy .... OF. List Ali Current Property Owners: ~Ac~'l'(}[ ttd. EVIN ..~..IL~r~2__E~.. ........... APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list ri' necessary) If the applicant Is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I"d Check hem rf the apphcant ss NOT a corpora*don, 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 tf 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 ~n the organization below' (Attach iist if 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. Signature pdnt Name ------ - ....... -- ..... ' ......................... :;i~;; ~[., ,:..:~:.: . jiiiiill.lll,.l[ijll[i . i[i i i[i i[_ ] i ..................... Modlficabon of Conditions Application Page 9 of 13 Planning Commission Agenda October 8, 2003 BACK BAY CHRISTIAN / # 11 Page 11 Item #11 Back Bay Christian Assembly of God Modification of a Conditional Use Permit 1196 Pnncess Anne Road District 7 Pnncess Anne October 8, 2003 CONSENT Dorothy Wood: The next item is Item # 11, the Back Bay Christian Assembly of God. It's an Ordinance upon Application of Back Bay ChnsUan Assembly of God for modification of a Conditional Use Permit for a church, which was approved by City Council on June 22, 1999. This is in the Pnncess Anne District and it is on Pnncess Anne Road and we have four condmons Yes sir. Kemn Mflcarek: My name is Kevln Mflcarek. I'm Pastor of the church. Dorothy Wood. Have you read the four conditions? Kevln Mflcarek: Yes. Dorothy Wood: Thank you. Is there anyone who has an objection to Item #11, the Back Bay Christian Assembly located on Pnncess Anne Road in the Pnncess Anne Borough? Hearing none, Jan. Jamce Anderson: Okay. Thank you. This is a modfficatlons for conditions of a Conditional Use Permit that was already issued on this site for Back Bay Christian back in 1999 and what the change they're requesting is a proposed 10,000 square foot building which will be a separate but adjacent to the current building that they have on the site now. It will be 80 foot x 125 feet and the reason is to provide classrooms and a gymnasium for the school. The school currently is holding classes in the sanctuary so this will give a more adequate use of the property. They will have their own braiding/gymnasium. The only concern that the Commission had was there's a fragile sewer/water system at that site but since no additional students will be added to the school, this would not affect that system so the use is appropriate and this expansion the Commission deemed appropriate also. Dorothy Wood: Thank you Jan. Thank you Pastor Mflcarek. Kevln Mflcarek: Okay. Thank you. Dorothy Wood: Mr Rlpley, I would move to approve this item on the consent agenda, which is Item #11 and it's the Back Bay Christian Assembly of God with four conditions. It's an application of Back Bay Christian Assembly of God for modifications of a Item # 11 Back Bay Christian Assembly of God Page 2 Conditional Use Permit for a church, which was approved by C~ty Councd ~n 1999. Th~s property ~s located on Pnncess Anne Road ~n the Princess Anne D~stnct. Ronald R~pley: We have a motion. Do I have a second? Gene Crabtree has seconded Is there any d~scuss~on on the motion? Hearing none, we'll 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 R~pley: By a vote of 11-0, the motion carries. Map - KI? Not to Scole BackBav Christian Jssembl~ · / AG-I AG-I Modification of Conduu~ns ZONING HISTORY / 1. 7-3-01 Conditional Use Permit (child care) - Granted 6-22-99 Conditional Use Permit (church addition) - Granted 6-10-98 Conditional Use Permit (preschool)- Granted 8-27-96 Conditional Use Permit (church) - Granted 10-12-93 Conditional Use Permit (church)- Granted 6-25-90 Conditional Use Permit (church)- Granted 2. 12-8-92 Subdivision Variance-Granted 12-8-92 Conditional Use Permit (single family development) - Granted 3, 9-27-82 Conditional Use Permit (retail sales) - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Bay Reflections Building, L.L.C. - Subdivision Variance MEETING DATE: November 25, 2003 · Background: Appeal to Decisions of Adm~nistrabve Officers in regard to certain elements of the Subdiwsion Ordinance, Subdivision for Bay Reflections Building, UL.C Property ~s located on the east s~de of Shoveller Avenue, 391.80 feet north of Mdl Dam Road (GPIN 2408295759; 2408292885; 2408292880) DISTRICT 5- LYNNHAVEN Considerations: The existing lot has a total area of 4.89 acres (4.12 acres is outside of wetlands). The ex~sting lot w~dth is 335 feet The applicant intends to subdiwde the property ~nto four lots. Three standard lots would front Shoveller Avenue and meet minimum requirements The fourth lot has a lot w~dth of only 59 feet due to the presence of a 30-foot drainage easement along the southern boundary of the property. Lot requirements listed ~n Secbon 200 of the Zoning Ordinance do not allow utihty easements greater than 20 feet w~de to apply toward m~n~mum lot requirements. Were ~t not for the 30-foot drainage easement on the southern s~de, th~s property would have enough width to create four lots. A variance from the Chesapeake Bay Preservation Area Board was approved July 28, 2003 for the subject property. One of the conditions of this variance requires the driveway associated w~th lot 4 to he between lots 2 and 3. The cond~bon required an ingress/egress easement be provided for the driveway. However, staff recommends a 'flagpole' of lot 4 between lots 2 and 3 rather than an easement to keep the driveway on lot 4's property. Th~s eliminates potential future problems with ownership and maintenance of the driveway. Recommended conditions below also ensure a w~de-enough access to the structure on Lot 4 and require the driveway for Lot 4 be constructed so that fire- flghbng equipment can reach ~t The Planning Commission placed th~s ~tem on the consent agenda because the drainage easement and Iocabon w~thin the Chesapeake Bay Preservabon Area have presented hardships for the development of this s~te. Staff recommended approval. There was no oppos~bon to the request. Bay Reflections Page 2 of 2 Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request w~th the following condibons. . The property shall be subdivided as shown on the plat enbtled, "CBPA Exhibit of Shoveller Avenue for Bay Reflections Building, LLC" dated 6/20/03 by Kellam-Gerwitz Engineenng, Inc. However, the plat shall be revised to reduce the lot w~dths for Lots 2 and 3 to 80 feet The area between lots 2 and 3 shall be 15 feet w~de and shall be part of Lot 4. 2. All ex~sting ~nterior lot I~nes shall be vacated. 3. The width and surface material for the driveway serving Lot 4 shall be subject to approval by the Fire Department. All residential structures shall be within 500 feet of a fire hydrant. 4. On Lots 2 and 3, an easement shall be recorded prohibiting any structures w~thin two feet of the stem of the flag lot (Lot 4). Attachments: Staff Review D~sclosure Statement Planning Commission Minutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Ager~cy: Planning Department~ City Manager: ~~..~ BAY REFLECTIONS BUILDING LLC / # 12 October 8, 2003 General Information: APPLICATION NUMBER: REQUEST: ADDRESS: J04 - 211 - SVR- 2003 Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance East s~de of Shoveller Avenue, 392 feet north of Mill Dam Road Ma~, ~-4 B Ions Buildin LLC Mop Not to GPIN: ELECTION DISTRICT: Subdivision Variance 24082957590000, 24082928850000, 24082928800000 5 - LYNNHAVEN Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 1 SITE SIZE' STAFF PLANNER: PURPOSE: 4.9 acres Ashby Moss To create a lot that does not meet the m~nimum lot width requirement due to the presence of a 30-foot drainage easement. Major Issues: · Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance. Location of environmental constraints on the property including wetlands and Resource Protection Areas as defined by the Chesapeake Bay Preservation Area Ordinance. Site Plan I Preliminary Plat: Existing Lot: The ex~sting lot has a total area of 4 89 acres (4.12 acres ~s outside of wetlands). The existing lot w~dth is 335 feet. Proposed Lots: The apphcant ~ntends to subdivide the property into four lots. Three standard lots would front Shoveller Avenue and meet minimum requirements. The fourth lot has a lot w~dth of only 59 feet due to the presence of a 30-foot drainage easement along the southern boundary of the property. Lot requirements I~sted in Secbon 200 of the Zoning Ordinance do not allow utility easements greater than 20 feet wide to apply toward m~nimum lot requirements. Item Required Lot1 Lot2 Lot3 Lot4 '15 Lot Width in (available lot width would feet be 95 without 30-foot 80 80 80 80 drainage easement) Lot Area ~n sq.10,000 10,037 10,029 10,015 182,948 (total area Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 2 ~ncluding wetlands) 151,372 (total area outside of wetlands) *Variance required Land Use, Zoning, and Site Characteristics Existin,q Land Use and Zonin_~ The property ~s currently partially wooded and ~s zoned R-10 Res~denbal D~strict. Surroundinq Land Use and Zoning North: South: East: West: · Single-family dwellings fronting Shoveller Avenue / R-10 Residential District · Single-family dwellings fronting Shoveller Avenue and Creek Way / R-10 Residenbal District · Wetlands and tributary / R-10 Residential District · Across Shoveller Avenue, s~ngle-fam~ly dwellings and vacant lots / R-10 Residenbal District. Zoninq History A Subd~wsion Variance was recently approved for a flag lot on the west s~de of Shoveller Avenue, opposite the subject property Another Subdivision Variance was approved for two flag lots north of the property, which also use Shoveller Avenue for access. A variance from the Chesapeake Bay Preservation Area Board was approved July 28, 2003 for the subject property. One of the cond~bons of th~s variance requires the driveway associated with lot 4 to I~e between lots 2 and 3. The cond~bon required an ~ngress/egress easement be prowded for the driveway. However, staff recommends a 'flagpole' of lot 4 between lots 2 and 3 rather than an easement to keep the driveway on lot 4's property. This eliminates potential future problems with ownership and maintenance of the driveway. Air Installation Compatible Use Zone (AICUZ) The s~te is ~n an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 3 Public Facilities and Services Water and Sewer There ~s an eight-inch water main and an e~ght-~nch C~ty sanitary grawty sewer exisbng in Shoveller Avenue. Th~s subdivision must connect to City water City sewer ~s available. Sanitary sewer and pump stabon analysis for pump station 211 ~s required to determine if flows can be accommodated Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP)' Shoveller Avenue ~s a two-lane local street This road is not designated on the MTP, and there are no projects listed in the current adopted CIP for Shoveller Avenue. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Not Potenbal Land Use z_ 30 ADT~ Shoveller Avenue 6,200 ADT Avadable Proposed Land Use 3_ 40 ADT~ Average Dady Trips 2 as defined by three s~ngle-famdy dwellings 3 as defined by four s~ngle-famdy dwelhngs Public Safety Police' No comments. Fire and Rescue: · A fire hydrant must be within 500 feet of all residential structures. · All residential structures must be within 150 feet of an all weather road surface in order to allow for emergency vehicle access. Comprehensive Plan The Comprehensive Plan designates this area of the City for Iow-density suburban residenbal land use at or below 3 5 dwelhng un~ts per acre. Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 4 Evaluation of Request Staff evaluation of a Subdivision Variance is based on several factors, including the degree of compliance with City ordinances and regulabons, consistency with the Comprehensive Plan, and adherence to good accepted land use and development practices and theory. Personal hardship does not enter ~nto the Staff's evaluation. Above all, Staff's evaluabon ~s based on Section 9.3 of the Subdivision Ordinance, which addresses variances to the ordinance Section 9.3 of the Subd~ws~on Ordinance states' Secbon 9.3 of the Subdivision Ordinance states' No variance shall be authorized by the Council unless ~t finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance wdl 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 recurring a nature as to make reasonably pracbcable the formulation of general regulabons to be adopted as an amendment to the ordinance D. The hardship is created by the physical character of the property, ~nclud~ng d~mens~ons and topography, or by other extraordinary s~tuation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the ~ssuance of a variance. E The hardship is created by the requirements of the zoning district in which the property ~s located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant's request for a Subd~wsion Variance presented in th~s proposal is acceptable. Were ~t not for the 30-foot drainage easement on the southern s~de, th~s property would have enough w~dth to create four lots. The Ordinance does not allow ubl~ty easements to count towards m~n~mum lot requirements because, under normal c~rcumstances, the resulting building envelope would be too narrow for construction of a standard dwelling In th~s case, however, restncbons of the Chesapeake Bay Preservation Area Ordinance require that the house for the fourth lot be located behind lot 3. Therefore, the drainage easement does not affect the building envelope for lot 4, Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 5 and the creabon of lot 4 does not present a problem with too narrow a building envelope resulting from the drainage easement. The area for lot 4 ~s well above the minimum requirement of 10,000 square feet. Recommended conditions below also ensure a wide-enough access to the structure on Lot 4 and require the driveway for Lot 4 be constructed so that fire-fighting equipment can reach it. Therefore, th~s application is recommended for approval, subject to the conditions listed below. Conditions The property shall be subdivided as shown on the plat enbtled, "CBPA Exhibit of Shoveller Avenue for Bay Reflections Budding, LLC" dated 6/20/03 by Kellam- Gerw~tz Engineering, Inc However, the plat shall be revised to reduce the lot w~dths for Lots 2 and 3 to 80 feet. The area between lots 2 and 3 shall be 15 feet wide and shall be part of Lot 4 2. All existing interior lot lines shall be vacated. 3. The w~dth and surface material for the driveway serving Lot 4 shall be subject to approval by the Fire Department. All residenbal structures shall be w~thin 500 feet of a fire hydrant. 4. On Lots 2 and 3, an easement shall be recorded prohibiting any structures within two feet of the stem of the flag lot (Lot 4). NOTE: Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation. Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 6 Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 7 Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 8 ! ! Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 9 Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 10 .'~....-**' ._ ~DisCLOsuRE' STATEMENT~ ........................... ................................. i i,1 , ,,, ,, i ii iiii ii ii iiii iii ii i i ii iiii .... APPUCANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below:. (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners irt the organization below: (Attach list if ....................... , ...... ......... 13 Check here if the applicant is NOT a corporation, pamership, firm, or other unincorporated organization. ff ~ 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 Corporation below: (Attac~h 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 if r~ecessal"y) -,,, ........... ~. ....~.~_ - ; ..... . ........................ I~J Oheck here if the property owner is NOT a corporation, partnership, firm, or oth'er unincorporated organization. ....................................... . .......... ......... , ,,,,,,,,,.,,,,, , ,, ,,,. ,,, .... I I I IIII II II I II II [ I llll' [ I I II II . . .I III II I I IIIIII I Iii II ') I III ......... CERTIFICATION: I certify that the information contained herein is true and accurate. ! understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required s~gn on the subject property at least 30 days prior to the scheduled public hearing Print Name Subdivtsm Vana~me Appt~tton Page 11 of 11 Revised 711/2003 according to the instructions in this package. ApPli _cp. nt's Signature' / - ' ' Property Ow~'er's Signature (if differenTth~n applicant) ......... ~'":: ........... 1:'. .... '.'."_ ........ 1" Planning Commission Agenda October 8, 2003 BAY REFLECTIONS BUILDING LLC / # 12 Page 11 Item #12 Bay Reflections Building, L.L.C. Appeal to Decisions of Adm~mstrative Officers East s~de of Shoveller Avenue D~stnct 5 Lynnhaven October 8, 2003 CONSENT Dorothy Wood: The next item ~s Item #12, Bay Reflections Building, LLC. It's an Appeal to Decisions of Adm~mstrative Officers ~n regard to certmn elements of the Subd~v~slon Ordinance. Subdivision for Bay Reflections Building, LLC located on the east s~de of Shoveller Avenue. That is ~n the Lynnhaven D~stnct and there are four conditions. Eddie Bourdon: For the record, Eddie Bourdon a V~rg~ma Beach attomey representing the apphcat~on and Mr. Gregor ~s here. We have reviewed the conditions and worked closely w~th Ms. Moss and working out the wording and we're very comfortable w~th the conditions. We thank her for her t~me and effort on th~s apphcat~on. Dorothy Wood: Is there any opposition to Item # 12, Bay Reflections Bmld~ng located ~n the Lynnhaven D~stnct with four conditions? Hearing no opposition, I'll ask Mr. Salle' to explmn the Planmng Commission's decision to place th~s item on consent. Charhe Salle': Certmnly. Th~s ~s a request for a subdivision variance to create a non- conforming lot on the east side of Shoveller Avenue. The major ~ssues are the presence of a hardship, which would justify the granting of the variance and the location of the property w~th~n the area covered by the Chesapeake Bay Preservation Area Ordinance. Th~s parcel contmns nearly five acres of land and the apphcant could develop four lots w~th road frontage except for the fact there's a 30-foot drmnage easement that runs to the property. And due to the fact that easement ernst and the fact that the property ~s ~mpacted by the Chesapeake Bay Area Preservation Act, ~t was felt that it would be better for the formed lot to be located behind the others where it would be more outside the Preservation area so we feel hke the fact that the emstence of the easement and the other restrmnts on th~s property create a hardship which would justify granting the subd~wslon variance. Dorothy Wood: Thank you. Thank you Mr. Bourdon. Mr. R~pley, I would move to approve th~s ~tem on the consent agenda, which ~s Item #12 for Bay Reflections Bmld~ng. It's an appeal of decisions of adm~mstrat~ve officers ~n regard to certmn elements of the subdivision ordinance. Th~s ~s Bay Reflections Building on Shoveller Avenue north of Mill Dam ~n the Lynnhaven D~stnct w~th four condlt~ons Ronald R~pley: We have a motion Do I have a second? Gene Crabtree has seconded it. Is there any d~scusslon on the motion? Heanng none, we'll 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. i B Buildin LLC Map Not to Scale Subdivision Variance ZONING HISTORY 1. 2-11-92 - SUBDIVISION VARIANCE - Granted 5-9-98 - SUBDIVISION VARIANCE - Granted 2. 9-17-91 - CONDITIONAL USE PERMIT (Home for Elderly) - Granted 9-17-91 - ZONING CHANGE from B-2 Business to R-10 Residential- Granted 12-11-89- CONDITIONAL USE PERMIT (Tower)- Denied 12-11-89 - SUBDIVISION VARIANCE - Den~ed 8-9-82 - ZONING CHANGE from B-2 Bus~ness to A-1Apartment- Granted 8-10-81 - ZONING CHANGE from B-2 Business to A-1 Apartment- Granted 3. 7-13-99- DISCONTINUANCE, CLOSURE, AND ABONDONMENT of an unimproved portion of Mill Dam Road- Granted 10-8-96- CONDITIONAL USE PERMIT (School)- Withdrawn 10-8-96 - CONDITIONAL ZONING CHANGE from R-10 Residential to Cond~bonal B-2 Business - Withdrawn 4-27-87 - ZONING CHANGE from R-5 Residential to O-1 Office- Denied 9-29-86- CONDITIONAL USE PERMIT (Tower)- Granted 7-7-86- ZONING CHANGE from R-5 Residential to B-2 Business- Denied 3-25-85- CONDITIONAL USE PERMIT (Monopole)- Withdrawn , i 1-21-85- CONDITIONAL USE PERMIT (Mono-Pole)- Granted 8-13-84- ZONING CHANGE from B-2 Business to A-1 Apartments- Denied 8-13-84- ZONING CHANGE from R-5 Residential to A-1 Apartments- Den~ed CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Green Hill by the Bay Condominium Owners Association - Conditional Permit (community boat dock/pier) MEETING DATE' November 25, 2003 · Background' An OrdInance upon Application of Green Hill by the Bay Condominium Owners Association for a Conditional Use Permit for a community boat dock/p~er on property located at the northern extremity of Lovetts Pond Lane, 1266.60 feet north of Green Hill Road (GPIN 1499767107). DISTRICT 5 - LYNNHAVEN Considerations: The 28-member Green H~II by the Bay Condominium Owners' Assoc~abon is requesbng to construct a 150-foot long community boat pier with a 12 foot by 16 foot wood dock. This pier will connect to two (2) exisbng wood decks and an existing walkway that leads to Lovetts Ponds Lane (private road). Access to the p~er is via the common area, ~n between un~ts 17 and 16, with a gated entry on the private road, Lovetts Ponds Lane. The existing decks and walkway are located on common property that provides access to Broad Bay and a small beach area The plan depicts the existing two (2) wood decks and walkway located at the toe of the slope at the edge of the marsh adjacent to Broad Bay. In addition, the proposed 150 foot long by 5 foot w~de pier is shown attached to these ex~sting structures. The apphcant's representative describes th~s addition as a "day" p~er as no moorings (palings) are proposed. The dock will be for the exclusive use of the unit owners for acbvibes such as crabbing, fishing and daybme boat be up. The application states that the Owners' Association ~s in the process of developing rules and regulations with respect to the use of the pier. These rules and regulabons will include hours of use, no overnight docking, or music playing, etc. The associabon plans to construct a gate with a locking system as well as possibly install a six (6) foot h~gh spiked fence running the length of the walkway to the stairway. There currently ~s a "No Trespassing" s~gn ~nstalled at the entrance to the common area The p~er will not have a sewer pump out facd~ty nor w~ll petroleum products be d~spensed or stored on s~te. The apphcant ~s Green Hill by the Bay Page 2 of 2 currently seeking approval through the Joint Permit Application (JPA) process No construction will be permitted unbl the JPA ~s approved. Staff recommended approval. There was opposition 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: . Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the community boat dock. . The community boat dock shall be constructed as depicted on the plan enbtled, "Layout Plan, Proposed Wood Dock & P~er Site Plan (Common Element)," prepared by WPL, dated July 16, 2003, or as may be modified as required by the JPA permit. 3. No overnight mooring of boats shall be permitted. 4. The community boat dock shall be for the exclusive use of the residents of the Green H~II by the Bay condominium development. No commercial use of the dock shall be permitted. · Attachments: Staff Review Disclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval .,I Submitting Department/Agency: Planning Department~ City Manage~. ~//-'-'~~)~ GREEN HILL BY THE BAY C.O.A./# 18 October 8, 2003 General Information: APPLICATION NUMBER: 103-211 -CU P-2003 REQUEST: Conditional Use Permit for a Community Boat Dock ADDRESS' Common area of Green H~II By The Bay Condominium Owners' Association Mep Noz to Stele Green Hill by the Bay Condo Owners' Assoc. Broad Bay CUP - Commumty Boat Dock GPIN' 14997671070000 Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. I # 18 Page 1 ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 5 -- LYNNHAVEN 8,712 square feet Carolyn A.K. Smith To construct a 150-foot long private "day" pier with no mooring pilings or boat slips for use solely by the 28 dwellings of the condominium association. Major Issues: · Compabbihty w~th the surrounding area. · Consistency w~th City development regulabons. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zonin_q There ~s an existing small pier w~th two (2) docks that provide access to the water. The property ~s currently zoned R-30 Residential D~strict. Other properbes w~thin the condominium are zoned R-20 and R-40 Res~denbal Districts. Surrounding Land Use and Zonin_q North: South: East: West: · Broad Bay · S~ngle-family dwellings / R-20 Residential District · Single-family dwellings / R-40 Residenbal District · Single-family dwellings, Great Neck Middle School / R-20 Residential D~stnct Zoning History A Condibonal Use Permit for a 20-slip boat marina on this site was den~ed on August 2, 1982. Th~s request ~ncluded individual boat shps for un~ts within the association for their private use ~nclud~ng long term moonng of boats. A subsequent request was again Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. / # 18 Page 2 den~ed on January 5, 1987, for a 123 foot long by five (5) foot w~de p~er with a 16 foot by 16 foot "L-Head" at the end This application varied from the 1982 request in that the scope of the project was reduced to only s~x (6) moorings, boats were not permitted to be moored ~.-~,, overnight and the six (6) shps were not for ~ndividual use. As ~n the 1982 " request, there was opposition to the proposals by residents of the condominium assoc~abon; however, staff had recommended approval of \ both the requests. Air Installation Compatible Use Zone (AICUZ) The site ~s in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. 1987 Plan Comprehensive Plan The Comprehensive Plan recognizes this area as Suburban Residential/Low Density Residential at dens~ties at or below 3.5 dwelling un,ts per acre Summary of Proposal Proposal · The 28-member Green Hill by the Bay Condominium Owners' Association is requesbng to construct a 150-foot long communRy boat pier with a 12 foot by 16 foot wood dock Th~s p~er will connect to two (2) existing wood decks and an existing walkway that leads to Lovetts Ponds Lane (private road) The existing decks and walkway are located on common property that prowdes access to Broad Bay and a small beach area. Site Desiqn · The plan depicts the ex~sbng two (2) wood decks and walkway located at the toe of the slope at the edge of the marsh adjacent to Broad Bay. In addition, the proposed Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. / # 18 Page 3 150 foot long by 5 foot wide p~er ~s shown attached to these existing structures. Access to the p~er is wa the common area, in between un~ts 17 and 16, with a gated entry on the private road, Lovetts Ponds Lane. Vehicular and Pedestrian Access · No vehicular access or boat ramp facdity is proposed. · Pedestrian access ~s described above via a common area accessway. Evaluation of Request Th~s request ~s acceptable and recommended for approval. The Green Hill by the Bay Owners' Associabon is proposing to construct a 150-foot long by 5 foot wide community boat pier and a 12 foot by 16 foot wooden dock. These structures will be attached to two (2) exisbng wood decks and an ex~sting walkway located at the toe of the slope at the edge of the marsh adjacent to Broad Bay. The applicant's representabve describes this addibon as a "day" pier as no moorings (pilings) are proposed. The dock will be for the exclusive use of the unit owners for acbvibes such as crabbing, fishing and daytime boat tie up. The application states that the Owners' Assoc~abon is in the process of developing rules and regulations w~th respect to the use of the pier. These rules and regulations will ~nclude hours of use, no overnight docking, or music playing, etc. The association plans to construct a gate with a locking system as well as possibly install a s~x (6) foot h~gh spiked fence running the length of the walkway to the stairway There currently ~s a "No Trespassing" s~gn ~nstalled at the entrance to the common area The pier w~ll not have a sewer pump out facility nor will petroleum products be d~spensed or stored on site. The applicant ~s currently seeking approval through the Joint Permit Application (JPA) process. No construcbon wdl be permitted until the JPA is approved. Staff recommends approval subject to the following conditions. Conditions . Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construcbon of the community boat dock. Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. / # 18 Page 4 2. The community boat dock shall be constructed as depicted on the plan entitled, "Layout Plan, Proposed Wood Dock & Pier Site Plan (Common Element)," prepared by WPL, dated July 16, 2003, or as may be modified as required by the JPA permit. 3. No overnight mooring of boats shall be permitted. 4. The community boat dock shall be for the exclusive use of the residents of the Green Hill by the Bay condominium development. No commercial use of the dock shall be permitted. 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 October 8, 2003 GREEN HILL BY THE BAY C.O.A./# 18 Page 5 Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. I # 18 Page 6 o k~OOR~NG F~lE . BROAD ,? . , BAY ~CKS ~ ~AY COI~t~N EI..~N (w,4L~Y, OE'CKo a: ~7ACH,) o EX,~STI~IC ® UNIT- 17 C, PIN: 1~199-- 75- 710 7-1510 M.8.160, t:'0.43 L 0 VETTS PONDS LANE ® UNll"- GP/N: 1499-76- 7107-2300 1~.8. 160, ..,~? ' . .N ,.~, o'oo'oo" £ao. oo, - Z.$ N 3:t"~'00" ~ ,eO..O0' - L,~ N l,ro¢oo' £ ~.oo' - La N R'OOW' W 55. oo' - ~ ,o ~....~.o.oo.o~,, ,, m. oo. - ~.!.~.. "s.~.m.oo.. , ~.oo, ~ _ PLAN SCALE 1 "=60' Existing Dock Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. / # 18 Page 7 WOOD ~CKS & WALKWAY 00~ E~T 0 UOOR~NG ® UNIT- 17 GPIN: 149`9-76-7107-1510 t~.B. 150, ~.4~ L 0 VETT8 POND8 LANE ® f. INff'- ! ~ 6'PIN: ! 4,99- 76- 7!07-2300 · LB. 160, P~.4J SEE SHEET 5 OF 5 FOR PIER LAYOUT DIMENSIONS LAYOUT PLAN SCALE. 1"=60' Proposed Dock Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A./# 18 Page 8 Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. I # 18 Page 9 I DISCLOSURE STATEM _ ~'. ..,..,.,.,.,.. ,, , ,,,,,,,, ,,,,,, ..... ,,,,,, ,, ·,, . ~, ~,,,: , :: :: _ · , ru ' II . . APPLICANT DISCLOSURE If the apphcant ,s a CORPORATION, list all officers of the Corporation below' (Attach hst if necessary) James L, Windsor- President; Jacqueline West- Treasurer; Arlene Lindsey - Secretary, If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organizabon below: (Attach list if necessary) !-i Check here ~f the applicant is NOT a corporation, partnership, firm, or other unincorporated orgamzation. 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 ~s 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 is NOT a corporation, partnership, firm, or other umncor~orated orclanlzation. · ..i..i... _~ ,, i i i[ iii ii i ...[[11.1. i . . .ij.iij ......... i ........i CE~TIF'icATIoN: i certify that the i'~f~';ma~ion c°n'talned her~'in is tru; and 'accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heanng, I am responsible for obtaining and posting the required sign ont~e subject property at least 30 days prior to the scheduled public hearing accordir~g~o the Inst[uctiorls in this package prope O erssighature(~fd,fferentthahapPhc~nt) ~-m"~~ ........ II , ....................................... ,,,, Page 10 of 10 Revised 711/2003 Planning Commission Agenda October 8, 2003 GREEN HILL BY THE BAY C.O.A. / # 18 Page 10 Item #18 Green Hall by the Bay Condom~mum Owners Association Conditional Use Permit Northern Extremity of Lovetts Pond Lane District 5 Lynnhaven October 8, 2003 REGULAR Ronald R~pley: The next ~tem please. Robert Miller: The next ~tem ~s Item # 18, Green Hill by the Bay Condominium Owners Association. Eddie Bourdon: Thank you all for your consideration on the last application. Agmn, for the record, my name is Eddie Bourdon, a Virginia Beach attorney representing the applicant, which is the Green Hall by the Bay Condomlmum Owners Association. Before I beg~n, there are a number of people in the Condominium Associatmn who have come down today. A number of them have signed up to speak so that I don't forget to do this before I start. Wall those members of the community who are here in support of this request please stand and be recogmzed. Thank you all very much. I've got some aerial photographs in addition to what you have up there on pinpoint. I think they're excellent photographs. I will pass them around so you all can be looking at them and probably not paying a lot of attention to me because the pictures are worth a thousand words. I hope you won't hear that many from me. On here, there ~s an arrow that pmnts to the location where this proposed day p~er would be located. I'll pass these around. The Green Hill by the Bay Condominium Association ~s made up of 28 units. It ~s one parcel of land upon which there ~s a land condom~mum and that parcel is shown there on p~npolnt outlined in yellow and it ~s served by a private straight and all of the area within here can be condo ~tself. No one owns a fee simple residential lot like most of you and I do. Some of you may live in a condo but th~s ~s not a fee simple subdivision of property as a condominium. The condomimum has frontage upon Broad Bay, which totals just 450 feet. There maybe 457 feet but between 447-457 feet of frontage on Broad Bay in the condominium parcel. There are four waterfront umts w~thln the condom~mum. Those umts have water frontage and riparian rights that go w~th those umts. The umt frontage is 75 feet from the two umts to the left, which are here and here. The Condominium Association has a common element owned by the unit owners, by the Condominium Association. The Condo Association has 115 feet of frontage on Broad Bay and within that frontage, the Condom~mum Association has the riparian rights to the beach, gazebo, a deck and there are two other units. Meredith's umt which has, I believe 98 fbet of frontage and the unit to the east of that which has, I believe 80 feet of frontage and the riparian rights associated w~th that frontage. The unit owners of these umts, especially the ones on the water are aware of and have been at all times aware of the common elements that emsts that ~s owned by the Association. In fact, when the units were marketed, the public offering statements for the units were never sold, which ~s a reqmrement of the Condom~mum Act, the Commonwealth of Virginia actually depicted a commumty p~er at that t~me. It was supposed to be a manna. I th~nk a 20-shp manna, which your staff has related to h~story in your write up that you have. The owners were aware of that at all t~mes this Association had th~s area for the purpose ofprowd~ng access to Broad Bay. In 1982, the Corps of Engineers approved the plans for the 24-slip marina. The Planmng Staff and the Planmng Commission recommended approval as well but C~ty Councd smd No. And, frankly, I th~nk that's understandable that putting ~n a 20-shp manna ~n here, I th~nk ~t was, really would not be an appropriate use of the property. But ~n 1987, the Condo Association agmn sought to use their property and sought approval for a pier w~th four boat shps, a number of mooring pres. Agmn, your C~ty staff recommended approval, as did the Planmng Commission w~th only one vote to deny. And that apphcat~on was also demed by C~ty Councd, essentially the same C~ty Councd. The concerned voice at that pmnt was having these four boat shps, which were not restricted ~n terms of the act~wty used for overnight and what have you, would create some problems. How do you police ~ts usage? What type of vessels would be there? Over the last 17 years s~nce that application came forward, there have been a lot of marina development in th~s area and there have been lots of boat shps created, plenty of them. In addition, there have been a number of very fine restaurants bmlt that prowde dockage for their patrons The Condomlmum Assoclat~on voted 75 percent of the owners to agmn seek approval to utd~ze their riparian rights to construct a day p~er for the use of all the owners within the Assomat~on and only the owners of the homes ~n the Association so that residents who have these beautiful, very expensive Great Neck homes can have access and use of what ~s a marvelous public asset, Broad Bay, L~nkhorn Bay, Lynnhaven River and the Chesapeake Bay. They have access by the beach and the deck and the gazebo, which they have used for all these years but because of the depth of the water, very shallow gmng out about 75-100 feet, the water ~tself, there ~s really no access to ~t other than for wadding or for swimming. Jet skis keep coming ~n and out because you don't have to have a dock for a jet ski. But, what the owners' w~sh to do ~s complete their ab~hty to reasonably use the waterways, the nav~gatable waterways for the purpose of fishing, crabbing, or sunbathing or s~mply just meditating as well to be able to embark and d~sembark from a boat. Not for the purpose of having the boats moor there, but to get on or get off the boat nor to water ski or to sad, but to visit friends or accompany friends for brunch at One F~sh Two F~sh number of nice activities. I'll put a plug into that and make a restaurant. This p~er as proposed wall have no electricity, no water, no sewer, no pump outs. No uses at mght. There's no boat launch. There are no boathfts. No jet ski hfts and there are no moonng pres. The p~er ~tself doesn't even have pres that will be above the deck of the p~er itself. It ~s not being bmlt for the purpose of providing any dockage for any boats. Simply, an extension of the deck that is there to allow the residents to be able to away to utihze their access to the nawgat~ble waters ~n this area. The use ~s hm~ted just to the Condo Association owners and their guests. There is access for them provided down a steep slope, down some stmrs. There ~s a gate. That gate can and wall be locked. We will also put a gate across the pier, which wall be locked and you wall have to have a card to use ~t, which means you have to be an owner in the Association. But as you can see, you've been there. It's a very secluded, very beautiful part of our C~ty. It's not something that ~s an attractive nmsance that the pubhc driving by ~s going to see and say, "lets go run out there and jump on that pier." It's not that s~tuat~on at all. There are, as you can see, p~ers that hne th~s section of Broad Bay as you can see from those photographs. The City at Crab Creek just recently constructed a city boat launch, dockage, parking. All directly across from a small creek from homes w~th boat docks at Ocean Park. The C~ty approved and financed in part and bmlt that faclhty. Would the C~ty of V~rg~ma Beach have backed off and not bmlt ~t if the homeowners across Crab Creek, a little narrow body of water complmned, of course not? Here the objectors you will hear from are condo owners who are in the m~nonty. Who had their opportunity to participate in the democracy that is their Condo Association and d~d not prevail. The Association ~s requesting a very hm~ted use of their common property. And, I've said, no boat launch is on the list. The conditions that are recommended by staff are acceptable. And, just as our c~ty residents should have not been denied access to the water via the Crab Creek Facility being budt on pubhc land had the neighbors objected which those neighbors did not nor should the vast majority of the Condo Association members who are residents of this community be denied access. They should not be denied their reasonable access to this property for this very, very hm~ted and restricted use that you see before you today. The bottom hne, It's not a boat dock. It's just s~mply a day p~er. The Corp of Engineers and VMRC wall approve the p~er. The Corp has already approved far, far greater piers. The only issue ~s land use. Is there a nuisance involved here? Clearly, w~th what is before you is clear there is no nuisance involved here. Th~s is just a very mlmmal use of the property. You have a number of letters that have been provided to you in support as well as the people who are here ~n support. Our Comprehensive Plan, our Open Space Plan, everything we do in the C~ty ~s trying to promote reasonable access and use to our assets, open space recreational assets and that is what Board Bay, L~nkhorn Bay in this area are. And this is nothing but a very minor request and one that I hope wall enjoy your support. ! look forward to having the opportunity to rebut and we have opposition present. Ronald R~pley: We have a lot of people here to speak ~n favor. Eddie Bourdon: I beheve they're some members who have signed up to speak ~n favor. Robert Miller: Do you want me to call all of them? Eddie Bourdon: If they signed up and they wish to speak. Robert Miller: Are you one of them? Jim W~ndsor: Yes sir. Robert Miller: Who are you? Jim Windsor: My name is Jim W~ndsor. I'm the President of the Assomat~on. Ronald Rlpley: Come on up Jim. Robert Miller: You didn't sign up. Ronald Rlpley: State your name please. Jim Windsor: Mr. Chairman, Commission, my name is Jim Windsor. I'm the President of the Green Hill by the Bay Condominium Association. I'm a lawyer for Kaufman and Canoles. I wouldn't even attempt to represent myself before this body and that ~s the reason, why I sought counsel advice at the heanng here today. We have worked hard as a community to bring this before you today. And, we have sought the advise of all the members of this community. Pdght up front, we engaged in the d~alogue with each member of the community. I tried to iron out any issues that might arise. As a result of those discussions and in order to accommodate some of the concerns that you may hear today, we have tried to develop a very spartan, very minimal pier, short of not having a pier. This is as "bare bones" as we can make lt. So, in other words, we have tried to address each of the concerns that have been raised in the past and in our current discussions. This is a Condominium Association. It is separate and distinct from those matters you may have heard before involving individual lot owners. This is Condominium Association land and we have, as a group, voted over two-thirds to approve this. There are two people here who will speak against. Those ~ndlvlduals, Mr. Blrsch lives here. This is Mr. Blrsch's pier with the jet-ski launches and the boats. He also shares that pier with Mr. Wooton. And, then Mrs. Meredith, who is also here lives here. She does not have a pier. Obviously, she is free to build one. She's been there for 20 years. Mr. Blrsch is also an original owner when this subdivision was put together about 20 years ago. The existing deck and gazebo have been there for over 20 years. Mr. Blrsch and Mrs. Meredith, who we have had an active dialogue with and the result is the minimal pier that you've seen and they are trying to accommodate some ~ssues. Ronald Pdpley: Mr. Windsor, you're starting to run out of time. Jim Windsor: They bought land subject to and adjacent to the common area. Again, we have tried very diligently to deal with all the issues and we appreciate your faithful consideration of this. We also tried to reduce the cost for everyone involved because this is truly a community effort. Thank you. Ronald Rlpley: Thank you very much Robert Miller: I'm just going to read the names of these others that have signed up in support. If you would like to speak, would you please come up, ~f you don't, then just let us know? Lane Brown Lane Brown: I'm Lane Brown. I'm here with my w~fe Jackle. We own Unit//4, which ~s 1852 Duke of Norfolk. We bought the unit almost 21 years ago. And, when we bought the property we understood that there was a posslbdlty, no assurance obviously, but a possibility there would be a day use pier. That played into our decision to purchase the unit. Very much in favor of having the pier built. I wasn't ~ntend~ng to speak because quite frankly my opinion about the whole th~ng is that Condo Association members had an opportumty to express their op~mons in the Condo Association. And, once the Condo Association had voted to build the facility then they needed just to back offbecause quite frankly, they agreed to go along with what the majority said when they bought the unit to begin with. So, it's not like any of this is a surprise to anybody within the organization. In any case, you're here to address land use and I think you can see that building another pier right in here is very consistent with the type of land use when you're talking about a pier here, a private pier here and essentially a private manna here. Putting in a day use pier for us for the remaining 26-condo association users is very appropriate for that piece of property. Thank you very much. Ronald Ripley: Thank you very much. Robert Miller: George Mills. George Mills: Good afternoon. I'm George Mills, 1709 Lovetts Pond Lane. I've been a property owner for 16 years. I come before you today just to express that I am strongly interested in the pier. I look forward to spending some time on this day use pier, sitting down reading a book and I'm a water lover. I just look forward to that and I just see no reason under any circumstances on why not we should not have this pier. Thank you. Ronald Rlpley: Thank you very much. Robert Miller: Arlene Llndsey. Arlene Llndsey: Good afternoon. I'm also a property owner, 1717 Lovetts Pond Lane. I purchased my property probably about 22 years ago. And, with the hopes that one-day, we would have access to the water. I feel that we as individual owners in this condominium, we have just as much riparian rights to have a p~er in that area as the owners that actually do live on the water. I just would like to feel confident that we could exercise that right. Thank you. Ronald Rlpley: Thank you. Robert Miller: Pearl Cox. Pearl Cox: I do not wish to speak. Robert Miller: Thank you. Jamce Barrett. Jamce Barrett: I don't wish to speak. Robert Miller: Jacquelyn West, I believe. Jacquelyn West: Yes. I have nothing more to add. Robert Miller: John Norris. John Noms. I'm John Noms. I live at 1724 Lovetts Pond Lane. I'm only been a member of condominium for a year now. I endorse the other comments that you've already heard. In addition, I'm a boat owner. I think I'm in the minority of those of us who voted for this pier actually own a boat. I have a permanent place for my boat. I keep it there year round. The purpose of this pier for me, as a boat owner is not a place to keep my boat but it's a place where if I have passengers who want to go up and use the facilities in my home or if I want to pick up passengers from my home, that would be an easy place for me to do that. And, I think it's very consistent and far less obtrusive use in this area as many of the other piers that are already there. Thank you. Robert Miller: Those are all the speakers that I have in support. Ronald Rlpley: Is there anybody else who wishes to speak in favor of the application? Mr. Miller. Robert Miller: In opposition, Virginia H. and you didn't "M" somebody. Virginia Meredith: Oh I'm sorry, Meredith. I'm Virginia Meredith and I live adjacent to the walkway and the steps down to the proposed pier. I emaded you all last night a letter. If you have received it and have had a chance to read it there's no need for me to speak any further. I said everything that I had to say in that letter. Do you have copies of it? Ronald Rlpley: I don't know. We have several copies. Hold on. Vlrg~ma Meredith: You probably didn't find it until this morning. While you're looking, I have a letter from another resident in the neighborhood who's not waterfront~ who's also opposed and his letter is excellent and very comprehensive. I'm sorry, I don't have eleven but I will give every other one of you one of these and you can share. Ronald Rlpley: Ms. Meredith, I don't believe we have that emad. If you sent it to us last night maybe we didn't see lt. Virginia Meredith: I was afraid maybe you all would come here before. Ronald Rlpley: We come here early in the morning and get started. William Din: We'll pass it down. Ronald Rlpley: Ms. Meredith, you might want just to summarize some of the things you said in that letter. Virginia Meredith: I'll take as little time as possible. My greatest concern ~s the street. It's very narrow. And, the circle at the end where people would be loading and unloading is very small. Even now, without the pier, traffic in that circle and down the street is such that frequently that an emergency vehicle could not get through. Being an old lady and being afraid of might what happen to me, I want an ambulance to be able to get to my house. Secondly and almost as important, ~t's a delightful little hide-a-way. Is that telling me my time is up? Ronald Rlpley: You're getting close. Virginia Meredith: It's been discovered by young people all over the city and they come there and they party into the night and dnnk beer and it's already a problem. I can't see this as being anything else but increasing that problem. Thank you very much. Ronald Pdpley: Thank you. Are there any questions of Ms. Meredith? Thank you very much. Robert Miller: William O'Bnen. William O'Bnen: Mr. Chairman, members of the Commission, my name ~s Buster O'Bnen and I've come here today to represent Mr. Jay Blrsch, who also is an adjacent property owner. I will try to be very brief. I was here, unfortunately ~n 1987, in opposition to the other permit request. That has been a bad idea, I believe in 1982 and 1987 we don't believe the passage of time has improved the ~dea at all. With all due deference to my friend and colleague Mr. Bourdon, there are a number of piers there. There are no community piers here. I'm not aware of a single community pier that jets out into either Broad Bay or Llnkhorn Bay. This is a bad precedent that you're going to be starting here. And, you'll be here again and agmn. Though this is a Condo Association these people on the waterfront pay more for their lots to make this big investment to have that access. It's not here. These other people did not do that. There are several things. Th~s pier is going to be detracting from that area it will be used by our people. If they want to sunbathe, there are significant places to sunbathe in the city. If they want to meditate, we have significant areas to meditate. There are plenty of places in the adjacent areas to go crabbing and fishing so that is not what this is. This is going to be a congregation point for a lot of boats to pull up and stop. It's going to create traffic problems and a nuisance there. We've talked about police problems and maintenance problems. I want to show you the existing dock and gazebo and show you the problems we're having there. This will only exacerbate itself and continue to grow. If I could? The particular uses that they tried to portray that they're going to use this dock for are available in close areas. They don't need this pier to do those things. As I said, this plan in different forms, has been defeated twice in the past even though it was recommended by staff and we believe there's nothing in this application, which is going to make it any more approvable now or any more appeasable to the pubhc. We talked about restaurants and access to restaurants. Th~s is not a restaurant area. Th~s ~s a very, very race beautiful residential area. We think the character of that area ought to be mmntalned. There are hundreds of ~nd~vldual boat docks and piers on Broad Bay and Llnkhom Bay. I'm not aware of a single community pier in that area. We asked the Board not to approve this application. Thank you. Ronald Rlpley: Thank you. Are there any questions of Mr. O'Brien? Yes, Wall Din. Wdham D~n: Mr. O'Bnen, my first venture to this area was ~n the last week. It is a beautiful area that you have there. Are there any other community areas in your Condo Association area other than the pier here? I know that's a common area. Are there other community areas, which are available to all the condo owners? William O'Brlen: Green Hill by the Bay? William Din: Yes. William O'Brlen: Yes sir There are common areas. And, I think Mr. Bourdon pointed those out in his presentation. There's a beach area that can be sunbathed on or crabbed from or fished from, 1 guess. There is a dock and a deck that's available for those same purposes. As I said, that's been left in disrepair there. There's trash here. People use this. It creates a bad situation. As I said, the real problem here is that this is the preverbal camel sticking his noise under the tent and it is just going to grow from here. And, I think it's going to be enormous problems for the city. William Din: I guess my point was there are other areas which everybody has access to and I think everybody deserves the same access to all the common areas whether it's on the pond itself or on the pier areas. William O'Brlen: Those areas were all set forth, I believe and I may be mistaken so I was here a long time ago. Those areas were all set forth in their individual condo documents but there was no guarantee of a pier being placed here. There has been no guarantee of that. The original thing was and I think it was about a 24 slip marina and that was cut back to, I think it was a 6-shp pier, if I'm not mistaken. And, the reason is that people are going to be tytng their boats up and docking and staying there for a while. And, there's going to be noise. William Din: My point here is that the common areas are for people to gather into including that pier and in the other areas. Is that not correct? William O'Brlen: The common areas of the condominium? Yes sir. They are to be used by the members of the Condominium Association. William Din: Okay. Thank you. Ronald Rlpley: Are there any other questions? Dot Wood. Dorothy Wood: Mr. O'Brlen. William O'Brlen: Yes ma'am. Dorothy Wood: The concern that Ms. Meredith was concerned about was the people that are coming in from other areas. Is there not a way that you could call the police or something, you know like lovers lane? Wllham O'Brlen: And the responsibility of that is going to rest on the people who are adjacent owners. Is that fair to them? Dorothy Wood: That's understandable. Wdham O'Bnen: And they talked about that they could pohce the area. They can be responsible for making sure. That's not favorable of those people either. It's going to be used. It's going to be awfully difficult to restrict that use down there that this ~s a commumty p~er. Dorothy Wood: Thank you. William O'Bnen: We beheve that the concept ~s wrong. Okay. Ronald Rlpley: Thank you very much. William O'Brien: Yes s~r. Thank you. Ronald Pdpley: Mr. Bourdon. Ed&e Bourdon: Thank you for the opportunity to rebut. F~rst of all, there are in fact community piers that exist, two of them ~n Alanton that are on Broad Bay. There are two community piers in Lynnhaven Colony and there are more than I can count in Bay Island but they are small ones in Bay Island. But, there are at least four that I know of in Bay Island. Agmn, all these provide access to Broad Bay or on Broad Bay. There's also one in Pnncess Anne Hills. All community p~es that exist today and those all are dockage piers. The one in Alanton has a number of docks on that. The other one I don't think has very many. There's one that is ~n Alanton that I think has about dockage for about 8 or 10 boats. It's a commumty pier. This is none of the above. There's no dockage requested here. And, Mr. O'Bnen's concern that this ~s somehow the camel's nose under the tent, that I think is ~naccurate and that the entirety of the area around Broad Bay, Linkhorn Bay ~s essentially developed. I'm not aware of any undeveloped parcels left other than the Add~ngton Farm and therefore, there isn't the ability to set forth this type of a facdlty and th~s type of a common element that's owned by the Assomat~on. This is also the only land condo out there, the only land condo that we're gmng to have out there. So, again, I think that's a concern that doesn't stand up to scrutiny in terms of their being some type of precedent. There ~s a gate there that is not currently locked but that gate can certainly be locked. No trespassing signs can be put up. You got to be looking for this to find it number one and number two the Association is a close knit commumty. They're certainly gmng to do everything in their power to make sure that it doesn't become and isn't a nuisance. But the reality of it is that the beach access that exists and the area that exists there now, is actually far more significant than the pier in terms of ~ts use. The pier ~s not a boat dock. It's just simply a convenience to allow the members, the owners to have adequate access to the water, not to dock their boats. W~thout any moonng piles, It's not going to create any gathering place. Go down to the Narrows, that's the obvious gathenng place. It's where people go and pull their boats up on the beach where there's deep water and gather. Not here. It's just simply a convenience for these members of the Association. The cul-de-sac is a one way in, one way out cul-de-sac. And the Assomat~on wall have rules and regulations about how to protect everybody in the Assomatlon because ~t's all common property. It's all Commumty Assoclat~on's property. Mr. Din, your question, th~s ~s the only common element of the roads that are private roads. There is parking in the cul-de-sac at the end of the road on foot, and it wall be used by the members of the community for the most part, as ~t is currently being used by the members of the community on foot. I'll be happy to answer any questions. Ronald R~pley: Are there any questions of Mr. Bourdon? Dot Wood has a question. Dorothy Wood: I not~ced these p~ctures. They had a lot of debris. I wonder ~f these were after the storm. Were they? Dorothy Wood: No? Wdham O'Bnen: A couple of weeks after they took the boat last year. Dorothy Wood: A lot of debris. It doesn't look hke ~t has been mmntmned very well. Eddie Bourdon: It is pretty obwous to somebody, hke myself, who has hved on the water my entire hfe, ~t's what washed up on shore. You got down here what has clearly washed up at h~gh t~de. The dead seaweed, etc., that's down there in the ~nner-t~dal area. I'm not going to say that ~s ~t ~mposs~ble that a plastic plate may blown off of somebody's backyard or p~er or from th~s gazebo, anything is possible but how do you attribute, what ~s mostly seaweed to poor maintenance. I frankly don't see it and again, this is a commumty faclhty and I'll let the folks ~n the commumty ask the question. I don't know the answer. I've got to beheve there probably hasn't been any d~scuss~on among the Association members that "hey, we're not mmntalmng our facd~ty as we should." I th~nk th~s is an effort to try to create an ~ssue. I'm qmte confident that given the quahty of people that hve ~n th~s community that mmntalnlng th~s facdlty that which ~s there and that, which ~s being requested, I don't th~nk that's going to be an issue. Rules and regulations wall be adopted and implemented and restrictions that we've talked about and the music. No hghts. No electnmty. We'll lock the gate both at the top. Put a gate on the p~er ~tself. Fencing on e~ther s~de, key access only. Agmn, there are no facd~t~es there. It's just s~mply a spartan p~er to allow the people in the community to be able to have reasonable access to the water and purely for access and not for dockage ~n anyway, shape or form. Ronald Rlpley: Kathy, did you have a question? Kathy Kats~as: Has cost been estabhshed Mr. Bourdon w~th regard to the cost of the p~er? Eddie Bourdon: I beheve that ~t has and that the Association knows as part of their determination to move forward. Candidly, I didn't get ~nvolved ~n that because ~t wasn't a land use ~ssue. Kathy Katslas: That's why some of the residents are opposed to it because they're going to be assessed the same cost? Eddie Bourdon: I beheve that is the case with regard to those other than Ms. Meredith and Mr. Birsch and I think their issue isn't cost. Even though it may be a factor and I can't put words in their mouths but I suspect and they fought the boat dock prewously. And, doing the same again. I didn't hear today, what I was expecting to hear and that was the contention that I heard before or saw before. I wasn't around back then. It was going to cut off access to their property and that clearly doesn't exist with this pier and a 115-feet of frontage and we're not in any way going to constrict their access. The length of the pier will coincide with the length of their piers. And, frankly, I think what's on there and may be a little blt longer than it needs to be, I don't believe thmr piers are 150. I believe there's 125 feet because it jets out. The likelihood is that the pier wdl wind up being more ~n line ofa 110-125. It just has to get to the deep water and that's all. But, there's more than ample room for five piers on the property, which is the total that could be built, a total of five on the 450 feet of frontage. That's one pier for every almost 90 feet of frontage and frankly, I don't know if there will ever be more than three. Ronald ~pley: Are there any other questions? Thank you very much. Is there any discussion? Mr. Miller? Robert Mdler: I had the privilege of designing this subdlwslon many years ago and I'm just so happy that all you people are out there enjoying it so much. It sounds hke a great place to live. The few times that I've been out there it is a very beautiful place and it seems to have succeeded. Unfortunately, the Judge Barrow saw it a little blt differently as far as land condomlmums for single famdy. But, that's not to say. I think the issue is pretty clearly stated that the Condomlmum Association has responslbdltles to adhere to ~ts organizational procedures and it's all the covenants and restrictions that are setup for the commumty. It sounds like you have and then voting for in favor of the pier, I don't find that as something that I wouldn't be able to support. I think that really is the key to that we're looking through what the community wants and what's the best interest of the commumty. I do think the pictures are telhng. I don't think that they are done to produce some kind of drama. I think that they are telhng in a sense that there is some maintenance needed obwously on the steps and other locations, a lot of issues that are not being taken care of on a day to day basis and I think there's a hmltatlon to it and certainly the ones that are most effected by the maintenance by the activities down there. So, I would ask the Condomlmum Assomat~on as they're saying "we want this or we want to malntmn it, we're going to make a great use of this" is that they take that as almost a warranty that they provided to those adjacent property owners and actually move forward to make this exactly what you're saying it's going to be with the adjacent property owners or the unit owners would have a sense that everybody ~s truly working together. I know that's your intent and I would hope that is really a warranty. So, ! support the pier and I th~nk it would be something that obviously is beneficial to the commumty. Ronald Rlpley: Thank you. Does anybody else have a comment? Kathy Katslas: I concur with Mr. Miller and I would like to make a motion to approve this application. Dorothy Wood: I would like to second that motion. Ronald Rlpley: We have a motion by Kathy Katslas and a second by Dot Wood to approve the application. I also like to make a comment. I think it's a very reasonable request. I think it's not an unusually long pier. It's really pretty standard in the area. My pier at my house is just about the same length and m this case where it's strictly a day type pier, I kind of equate it to from the Planning point of view when we look to limit curb cuts on roads, here your assembling one pier for the use of 26 different families. That's effective and if we had 26 pier applications it would be a different story. So, in this case I think it makes sense and I do support it also. Are there any other comments? 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. # 103-211-cup-2003/Green Hill By the Bay Condom]mum Association Page 1 of 1 Carolyn Smith -#103-211-cup-2003/Green Hill By the Bay Condominium Association - ~-'~'~-"--'"'~ .... From: To: Date: Subject: "Lee Pearson" <Lee. Pearson@ctxmort.com> <planadm@vbgov com> 10/7/2003 9 00 AM #103-211-cup-2003/Green H~II By the Bay Condominium Associabon Please be admsed that as a resident w~th~n the referenced commundy that I totally support the apphcabon FOR a community dock/p~er on our property as submitted Thank you for your cons~derabon Lee Pearson 1724 Green H~II Road V~rg~ma Beach, Va. 23454 R. Lee Pearson CTX Mortgage 448 V~k~ng Drive State 170 Vzrg~ma Beach, Va 23452 757-463-1400 ex 117 757-463-1313 Fax file.//C :\WINNT\T emp\GW } 00002.HTM 10/7/2003 Oct 02 03 ~0: 16a RGT ~r~sn~a ?S7-~289183 p.3 October 2, 2003 From. Wayne A Jones and Jean C Jones, 1708 Lovctts Pond Ln ( Unit 24) To' City of Virginia Beach Department of Planning Subject: GREEN HILL BY THE BAY CONDOMINIUM OWNERS ASSOCIATION (//103-211-CUP-2003) application for a Conditional Use Pernut tbr a eommumty boat dock/pier. 1 We firmly oppose the concept to budd tins boat dock/pier 2. We bought our home in August 1998, agreeing to pay a quarterly condominium fee to maintain the General Common Elements as outlined in Article 4 of the GHBTB Condominium Doctm~ents, Article 4, that ~s, the easements, rights of way, sanitary sewer system, roads, split rail fencing, street lighting, walkways, sundeck and common beach area. 3 This concept to build a boat dock/pier was hatched by the Condomhxium's current President. He pushed through a change to the Condormmum Documents to replace the original requirement to have a 'hmanimous' consent of each of the unil owners in order to alter the common elements, to a "two thirds" consent He then campmgned the neighborhood by phone to persuade enough owners to vote for the dot:k/pier project. Each homeowner will be reqmred to pay a onettme $500 00 assessment, with any further annual costs to be prod from our quarterly Condornh~ium fee accotmt 4 It is strongly recommended that this dock/pier proposal be denied tbr the following reasons: - It will lack the needed supervision to ensure that only qualified members use it; to see that it doesn't become a daytime or nighttime party target by outsiders; and to ensure that a tragic acmdent doesn't befall children, from ours and adjoining neighborhoods. - It will present situational opportunities, 24/7, that could put this Condominium Association into a legal and liability mghtmare - Those owners residing directly on e~ther side of the proposed pier will likely experience a degradation of their privacy and find that, because of theft proximity to the dock/pier, they will become involved tn trymg to police the activities thereon. - We believe for the Condominium Association to spend $15,000.00 or more to build a dock/pier, that a person can only temporarily (daytime only) moor a boat to, and fi'om that point on, to use Condominium fees to insure it against humcanes ( e g., Isabel's damage to p~ers), and insure against liability, is an unwarranted rmsmarutgement of home r~ 03 I 10: 16a RGT Vzr~znza 757-~289183 IO.4 owners money. - Tiros Condominim~a Association has over $40,000 00 in its account, yet, for over 2 years, the street lights/poles have needed replacing, the fSncing throughout has needed replacing, and the roads are in critical need of re-paving. These are legitimate needs that should already have be taken care of and paid for, but haven't ..and why...because the focus has been shifted to getting an approval for the budding of an expensive and unnecessary pier that will, in future, if approved, present us with a variety of problems and extra expenses that will result in having to raise the condominium f~es or levy more assessments. 5 We petztion the City of Virginia Beach to deny ttns application to the GHBTB Condominium Assoczation. Way,n~ A. Jone~s ~ / Jean C. Jones , I Carolyn Smith - Public Hearing - Green Hill by the Bay Condo Assn. Pier Page 1 of 2 From: T'o: Date: Subject: "Lane Brown" < brownll@peoplepc.com > <planadm@vbgov.com> 10/5/2003 10:19 plvi Pubhc Heanng - Green H~II by the Bay Condo Assn. P~er 1852 Duke of Norfolk Quay v~rg~ma Beach, V~rg~n~a 23454 October 2, 2003 VIA E-MAIL C~ty of V~rgm~a Beach Department of Planmng Mumc~pal Center Building 2, Room 115 2405 Courthouse Drive Wrg~ma Beach, Wrg~n~a 23456-9040 Dear Sirs I am ~n receipt of your September 22, 2003 notice that a pubhc heanng will be held on October 8, 2003 regarding a proposed commumty boat dock and p~er for the Green Hill by the Bay Condominium Association My wife and I are one of twenty-e~ght members of the Green Hill by the Bay Condominium Assooat~on we own Umt 4 I have very defimte opinions regarding the cost of constructJon of the proposed p~er, the responsibility for the maintenance and insurance of the proposed p~er, and the potential for ~t becoming a nuisance I have voiced those opinions w~th~n the forum prowded to me by the rules of the Condominium Association The Condom~mum Assoc~at}on prowded all members of the Association opportumty to voice their wews, and ultimately the Association, ~n accordance w~th the Condom~mum rules, approved the proposal to proceed with spending the money and accepting the respons~b~hty required to gain approval, to construct, and to maintain the proposed p~er I Intend to attend the pubhc heanng I do not ~ntend to speak ~n support of or ~n opposition to the proposed p~er When I purchased a Umt ~n the Green H~II by the Bay Condom~mum just over 20 years ago I s~gned lengthy condominium documents agreeing to ab~de by the prows~ons of those documents In s~gmng that contract, I agreed to ab~de by the deos~ons properly made by the Condom~mum Association The Condom~mum Assoc~aBon has properly made a decision about the proposed p~er, and I beheve I have two choices 1) accept the dec,sion, or 2) move I beheve that only the same two options are available to the other 27 members of the Condom~murn Association Accordingly, I request that the Planning Commission allow the President of the Green Hill by the Bay Condom~mum Association to speak as the duly elected representative for the Association, and not allow any other member of the Association to speak at th~s hearing, regardless of whether they support or are opposed to the proposed p~er All of us need to honor our commitments, and abiding by the decisions of the Condom~mum Assoc~aBon ~s a commitment all members of the Association made when they purchased Un~ts ~n the Condominium Needless to say, I fully support the Planning Commission enterta~mng comments from anyone outside of the Condominium Association who may be o o o file.//C \Documents ¼20and'/o20Sett~ngs\caksm~th\Local ¼20Sett~ngs\Temp\GW} 00005 H . 10/6/2003 i affected by the proposed p~er Thts pubhc heanng ~s their forum Yours very truly, Page 2 of 2 R Lane Brown file.//C :\Documents%20and%20Sett~ngs\caksm~th\Local%20Sett~ngs\Temp\GW} 00005 H 10/6/2003 Page 1 of 2 Carolyn Smith - Green Hill By The Bay Condominium Owners Association (#103- 211-CUP-2003) An Ordinance upon application of Green Hill by the BayCondominium Owners Association for a Conditional Use Permit for acommunity boat dock/pier on property located at the northernextremity of Lovetts Pond Lane, 1266.6 feet north of Green HillRoad (GPIN 1499767107). District S-Lynnhaven Staff Planner:Carolyn A. K. Smith From: To: Date: Subject: <jcox@sum~net.com > < pla nad m @vbgov.com > 10/3/2003 4:09 PM Green Hill By The Bay Condormmum Owners Association (#103-211-CUP-2003) An Ordinance upon apphcat~on of Green Hdl by the BayCondornmmm Owners Association for a Conditional Use Perrnlt for acommumty boat dock/p~er on property located at the northernextrern~ty of Lovetts Pond Lane, 1266.6 feet north of Green HdlRoad (GPIN 1499767107). D~stnct 5-Lynnhaven Staff Planner:Carolyn A. K, Smith Dear Ms Smith, My name ~s 3ohn Cox and I reside at 1705 Lovetts Pond Lane ~n V~rg~n~a Beach My w~fe and I are home owners in the Green Hill by the Bay Condominium We would hke to go on record w~th the Planmng Commission as being ~n favor of the approval of the Conditional use permit ~n QuesBon Please find below several points we would make on behalf of approval of th~s apphcat~on 1) The project ~n question wdl extend an emsBng p~er ~nto Broad Bay so that we may t~e a boat up to a p~er dunng the day The project wdl ~n fact enhance the nature of the ex~stmg p~er and ~mprove ~t's usefulness to our association We feel the extended p~er will ~ncrease the value of each home ~n the condominium and hkew~se ~mprove our neighborhood 2) Our Condom~mum Assooat~on, which ~s comprised of 28 members, has met twIce over the course of s~x months, voting each Bme to approve the project 3) While the majority of our association members favor th~s project there are a few who do not At least four of the d~ssenBng members have homes and p~ers on the water and see the addition of the common p~er as unattracBve to their own personal ~nterests 4) At least one of these waterside homeowners is openly campaigning to petition the Planning Commission to deny us our Permit He has approached homeowners that surround our own assooat~on and argued that our p~er will ~ncrease traffic ~n their own neighborhood and will in addition attract unwanted and uninvited unruly ws~tors to our new p~er Th~s ~s, to our view, not true as the extended p~er ~s to be located at the end of our one way m, one way out cul de sac Most of the traffic to and from the pier would naturally come from residents living on the street and thus could not possible become a burden to our neighbors The second part of the objections of some center around a claim that as we ~mprove our p~er we w~ll ~nwte a flood of un~nwted ws~tors to ~t and they m turn will become a nuisance We have, ~n fact, agreed to putting the facdlty under lock and key w~th access only to members Should we have trespassers, we would hope that law enforcement can help prevent th~s from becoming repetitive In fact, w~th the ~mprovement of the p~er ,~t ~s my behef that it's use will ~mprove and therefore ~t's appearance will also be Improved from ~t's current state In summary, my wife and I ask that the Planning Commission approve the Apphcatlon for Conditional Use Permit, recogn~mng that a strong majority of our association members favor this prolect and further recognizing that this file//C.\Documents%20and%20Sett~ngs\caksm~th\Local%20SetUngs\Temp\GW } 00005 Iq 10/6/2003 project w~ll m fact ~mprove our community and ~mprove the recreational fac~ht~es we have available to our residents Thank you and the Commission for their consideration Sincerely John, Pearl, Betsy, and Lucy Cox Page 2 of 2 file//C \Documents%20and%20Settlngs\caksm~th\Local%20Sett~ngs\Temp\GW}00005 H. 10/6/2003 Map 1-3 Map Not to Scale Green Hill by the Bay Condo Owners'Assoc. o Broad Bay CUP - Communzty Boat Dock ZONING HISTORY 1. 11-10-98 Change of Zoning (R-20 Residential Distnct to R-15 Residenbal District) - Granted 2. 1-5-87 Conditional Use Permit (community boat dock)- Den~ed 8-2-82 Conditional Use Permit (20 slip boat marina)- Denied 3. 1-18-82 Change of Zoning (R-1 Residential District to R-2 & R-3 Residential D~strict) - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM' Omnipoint/T-Mobile - Conditional Use Permit (telecommunications tower) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of Omn~point / T-Mobde for a Conditional Use Permit for a telecommunications tower on property located at 3600 Holland Road (GPIN 1486542283). DISTRICT 3- ROSE HALL Considerations: The proposed tower will be located in an area where it will be unobtrusive and will not substanbally detract from aesthetics or neighborhood character. The base of the tower will not be visible to surrounding properties or roadways because it ~s located behind the shopping center. There is a 'h~ll' on the property south of the tower that will screen the wew of the tower base from the adjoining multifamily development. The tower meets required setbacks of 200 feet from a res~denbal structure or fifty feet from the right-of-way. The tower height will be limited to 130 feet and the applicant has agreed to a condition that will require all antennae on the tower to be flush mounted. The applicant has sufficiently demonstrated the need for the proposed tower and the lack of suitable alternatives. The only existing tall structure in the area is the Public Utilities Water Tank located in the northeast quadrant of the intersection of Rosemont Road and Holland Road. Communication antennae for three wireless carriers already exist on the water tank, and there is no more room for addibonal equipment on the ground or on the tank. Th~s has been confirmed with the Department of Public Util~bes. T-Mobile has been working w~th staff to find another s~te at th~s ~ntersecbon for over a year Tnton/SunCom ~s also ~n need of service at this ~ntersection and has also been working with staff in the search for a suitable site and has agreed that the proposed Iocabon is suitable for their use. The Planning Commission placed th~s ~tem on the consent agenda because there ~s a demonstrated need for the tower. Staff recommended approval. There was no objection to the request. Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve this request with the following cond~bons: Omnipoint/T-Mobile Page 2 of 2 I . . . 4 . The tower and equipment areas shall be located as shown on the site plan entitled "First Allied Rawland, 3600 Holland Road" dated July 28, 2003 and prepared by Draper Aden Associates, as exhibited to City Council and on file w~th the Planning Department. All antennae on the tower must be flush mounted. The tower shall be constructed to accommodate at least three carriers using the flush mounted antennae and internal cable. Unless a waiver is obtained from the City of V~rgin~a Beach Department of Communications and Informabon Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any C~ty of Virginia Beach emergency communication facil~bes, shall be prowded prior to s~te plan approval. In the event interference with any City emergency communications facdities arises from the user of this tower, the user shall take all measures reasonably necessary to correct and ehm~nate the interference. If the interference cannot be eliminated within a reasonable time, 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 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~~~-~l/--~,~ ~ OMNIPOINT/T-MOBILE / # 27 October 8, 2003 General Information: APPLICATION NUMBER: G09-211-CUP-2003 REQUEST: Conditional Use Permit for communications tower ADDRESS: 3600 Holland Road Map G 8,9 Ma Not Scale T- Mobile CUP - Commumcanon Tower GPIN' ELECTION DISTRICT: 14865422830000 3 - ROSE HALL Planning Commission Agenda October 8, 2003 OMNIPOINT/T-MOBILE I # 27 Page 1 SITE SIZE: 17,000 square feet STAFF PLANNER: Barbara Duke PURPOSE: To construct a 130-foot tall monopole communications tower for multiple wireless service prowders. Major Issues: There must be an ~dentifled need for service ~n the area and sabsfactory 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 aesthetics or neighborhood character. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq There is an ex~sting shopping center on the subject site and the s~te is zoned B-2 Community Business District. Surroundinq Land Use and Zoning North: South: East: West: · Commercial establishments along Holland Road / B-2 Community Bus~ness District · Apartment complex /A-12 Apartment District · Lowe's Home Improvement Store, Gas Station, Restaurant / B-2 Community Business D~stnct · Apartments, Senior Housing, Restaurant / A- 18 Apartment, 0-2 Office, B-2 Community Bus~ness D~stnct Planning Commission Agenda October 8, 2003 OMNIPOINT/T-MOBILE / # 27 Page 2 I Zoning History Zoning actions in the area surrounding the subject site are noted on the zoning h~story map at the end of this report Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 65-70dB Ldn surrounding NAS Oceana. Comprehensive Plan Th~s area ~s idenbfied as an area planned for retad, service, office and other compatible uses within commercial areas serving surrounding neighborhoods and commun~bes. Site Plan / Conformance with Section 232 · The applicant has sufficiently demonstrated the need for the proposed tower and the lack of suitable alternatives. The only ex~sting tall structure in the area ~s the Public Ubl~bes Water Tank located in the northeast quadrant of the intersecbon of Rosemont Road and Holland Road. Communication antennae for three w~reless carriers already exist on the water tank, and there ~s no more room for additional equipment on the ground or on the tank. Th~s has been confirmed w~th the Department of Public Utilities. T-Mobile has been working with staff to find another site at this intersection for over a year. Triton/SunCom ~s also ~n need of service at th~s intersecbon and has also been working with staff in the search for a suitable site and has agreed that the proposed location is suitable for their use. The proposed tower w~ll be located in an area where ~t will be unobtrusive and w~ll not substanbally detract from aesthebcs or neighborhood character. The base of the tower will not be wsible to surrounding properties or roadways because it is located behind the shopping center. There ~s a 'hdl' on the property south of the tower that will screen the wew of the tower base from the adjoining multifamily development. The tower height w~ll be limited to 130 feet and the applicant has agreed to a cond~bon that will require all antennae on the tower to be flush mounted The property south of the site is zoned and developed as a mulbfamily complex. Un~ts for the complex are located on the east and west sides of the property, with a large green area located ~n the m~ddle. A h~ll has been created within the green area by dredge spo~l from the drainage canal that exists on the southern side of the multifam~ly complex. It is unlikely that add~bonal units will be developed ~n the area of the h~ll, and the owner of the mulbfamdy complex does not object to the Planning Commission Agenda October 8, 2003 OMNIPOINT/T-MOBILE I # 27 Page 3 tower location as proposed. The tower meets required setbacks of 200 feet from a residential structure or fifty feet from the right-of-way. The applicant has provided the required reports for structural elements and esbmated radiabon levels (NIER). Both of these reports state that the tower will meet the current federal standards established for communicabon towers. Evaluation of Request The request for a conditional use permit for a 130-foot tall communication tower is acceptable. There are at least three carriers ~n need of this new tower to improve call quality in this heavily traveled roadway corridor. The applicant will design the tower to accommodate at least three providers. The tower is located on a commercial site and the base of the tower ~s well screened from adjoining properties and roadways. The applicant has agreed to a condition that w~ll require all antennae to be flush mounted on the tower. Planning staff recommends that the conditional use permit for a 130-foot tall communication tower be approved subject to the condibons listed below. Conditions . The tower and equipment areas shall be located as shown on the s~te plan enbtled "First Allied Rawland, 3600 Holland Road" dated July 28, 2003 and prepared by Draper Aden Associates, as exhibited to City Council and on file with the Planning Department. All antennae on the tower must be flush mounted. , The tower shall be constructed to accommodate at least three carriers using the flush mounted antennae and internal cable. . Unless a waiver is obtained from the City of Virginia Beach Department of Communicabons and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice ~n the Commonwealth of Virginia, showing that the ~ntended user(s) will not ~nterfere w~th any C~ty of Virginia Beach emergency communication facilities, shall be prowded prior to s~te plan approval. . In the event ~nterference w~th any C~ty emergency communications facilities arises from the user of this tower, the user shall take all measures reasonably necessary to correct and eliminate the ~nterference. If the ~nterference cannot be eliminated w~thin a reasonable bme, the user shall ~mmediately cease Planning Commission Agenda October 8, 2003 OMNIPOINT/T-MOBILE / # 27 Page 4 , 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. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require rew'sion 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 October 8, 2003 OMNIPOINT/T-MOBILE / # 27 Page 5 Planning Commission Agenda October 8, 2003 OMNIPOINT/T-MOBILE / # 27 Page 6 ! Ii I i, Planning Commission Agenda October 8, 2003 OMNIPOINT/T-MOBILE / # 27 Page 7 I LBXISTIN(~ OLLARD EXtS~NG KVA TRANSFORMER Nog/NoB8 EXISTING WATER VALVE' (I'YP t FU'mi~ 10'X25' EQUIPMENT / / FU'P, JRE 12'X25' I[~J~PUENT [XISTING EXISTING BOLLARD MONOPOLE TOWER . PROPOSED ~T POST OI4NIPOINT EQUlPMEI~rr PLATF~tt PROPOSD '7 uNrr / PEoPosa) y / ~ ~ / PROPOS~ t HOFFa~ BOX Planning Commission Agenda October 8, 2003 OMNIPOINTIT-MOBILE / # 27 Page 8 FUTURE ANTENNAS · 13o' A~ FUTURE AN'fE:NNAS ......... O 110' PROPOSI[O TALL k4ONOPOLE TOV~R PROPOSED OUNIPOINT EC~JtPIMENT GPS T,,,OW, ER ..... ELEVATION · -'.'&. To sc,~ ......... Planning Commission Agenda October 8, 2003 OMNIPOINT/T-MOBILE / # 27 Page 9 Applicant's Name: List All Current Property Owners* ~;r~o~,'/~ I( C:~.:::~~_~ 4.,~, ?,4 L,.,.,:~ PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: {Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list If necessary) [] Check here if the property owner ~s 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 is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) )f the property ~wner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach I~st /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. Conditional Use Permit Application Page 8 of 12 Planning Commission Agenda October 8, 2003 OMNIPOINTIT-MOBILE / # 27 Page 10 Item #27 Omnlpmnt/T-MobIle Conditional Use Permit 3600 Holland Road District 3 Rose Hall October 8, 2003 CONSENT Dorothy Wood: The next item IS Item #27, Omnipoint/T-Mobile, an Ordinance upon Application of Omnipolnt/T-Mobde for a Conditional Use Permit for a telecommunications tower located on Holland Road in the Rose Hall District at Chimney Hill Shopping Center and that has five conditions. Bill Gambrell: Good afternoon Mr. Chairman. Bill Gambrell, I represent T- Mobile/OmnlpoInt for this application. We've read the conditions and they are fully acceptable to us. Dorothy Wood: Thank you sir. Is there any opposition to Item #27, T- Mobde/OmmpoInt for a telecommumcat~ons tower located on Holland Road with five conditions? Hearing none, Mr. Strange, would you please explain this item? Joseph Strange: Sure. Item #27 is a request for a Conditional Use Permit for a communications tower at 3600 Holland Road. The major issues with these towers is there must be an identified need for the service in the area and satisfactory evidence that there ~s a lack of space on emstlng powers, buildings or other structures to locate the proposed antennae. The proposed location of the tower must be unobtrusive and not substantially dqtract from aesthetics or neighborhood character. The request for a Conditional Use Permit for the 130-foot communications tower is acceptable. There are at least three careers ~n need of this new tower to improve call quality in this heawly traveled roadway comdor. The applicant will design the tower to accommodate at least three prowders. There are five conditions attached to this application. There ~s no objections, no opposition to it and we recommend it. Dorothy Wood: Thank you sir. Appreciate it. Mr. Rlpley, I would move to approve this item on the consent agenda, which ~s Item//27, which is Omnlpoint/T-Mobile. An ordinance upon application of Omnlpolnt/T-MobIle for a Conditional Use Permit for telecommunications tower located on Holland Road at the Chimney Hill Shopping Center in the Rose Hill District with five conditions. Ronald Rlpley: We have a motion. Do I have a second? Gene Crabtree has seconded it. Is there any discussion on the motion? Heanng none, we'll call for the question. Item #27 Ommpoint/T-Moblle Page 2 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. Ma,o G 8,9 Ma No~ to Scmle T- Mobile CUP - Commumcat~on Tower ZONING HISTORY i. 3/16/87 - REZONING from R-8 Residential to ^-1 Apartment- Granted 2. 1/9/96- CONDITIONAL USE PERMIT (bulk storage)- Granted 3. 11111195 - CONDITIONAL USE PERMIT (gas station) - Granted 4. 1/26/99 - CONDITIONAL USE PERMIT (communication tower) - Granted 5. 5123188- REZONING from O-1 to B-2- Withdrawn 1113/98 - CONDITIONAL USE PERMIT (senior housing) - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Robert Arnold - Conditional Use Permit (motor vehicle sales) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of Robert Arnold for a Conditional Use Permit for motor vehicle sales on property located at 1305 Oceana Boulevard (GPIN 2415495038). DISTRICT 6 - BEACH Considerations: The applicant desires to operate a motor vehicle sales establishment on the subject parcel The site plan shows a square, one-story building 80 feet from Oceana Boulevard. The building ~s shown on the south side of the property, and parking surrounds the building on three sides. Most of the parking areas are designated as "d~splay areas" for vehicles. Required parking and hand~capped accessible parking ~s shown on the north s~de of the building. Only three parking spaces are required This secbon of Oceana Boulevard has become more attracbve to businesses w~th the recent completion of the roadway ~mprovements. The proposed auto sales use is compatible w~th other commercial uses along Oceana Boulevard. Additional consideration has been g~ven to the residential properbes behind the subject site, through inclusion of conditions w~th the use permit that maintain a wooded buffer at the rear of the property, prohibit outside storage, prohibit an outside paging or music system, and I~m~t minor repair work and cleaning to ~nside the building. Although this site ~s relatively small, ~t does exceed the 20,000 square foot minimum lot size required by the Zoning Ordinance for this type of use. The recommended condibons below will also ensure that the site does not become overcrowded w~th vehicles on display, and that the s~te and building are developed in a quality manner The Planning Commission placed th~s item on the consent agenda because the proposed building is set back from Oceana Boulevard and will be buffered from adjacent residential properties Staff recommended approval There was no oppos~bon to the request. Robert Arnold Page 2 of 3 · Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions The s~te shall be developed in substantial conformance with the site plan entitled "Preliminary Site Plan of The Automobile Center" dated 4-15-03 by Mel Smith & Associates, which has been exhibited to City Council and is on file in the Planning Department. However, the plan may be altered to repos~t~on d~splay areas and landscape ~slands. . Landscaping shall meet or exceed all applicable requirements of the Zoning Ordinance and S~te Plan Ordinance. All trees with a cahper of two- ~nches or greater shall be preserved within the Category IV buffer area on the west side of the property. Trees and/or shrubs shall be supplemented where necessary to meet or exceed the Category IV buffer requirement. . The building shall be constructed in substantial conformance with the elevation entitled "Auto Sales Center," which has been exhibited to City Council and ~s on file ~n the Planning Department. The applicant shall work with the Department of Planning staff to ~nclude additional architectural treatments to add variation ~n the roofline. The right side elevation shall include the same materials and ~ncorporate an equivalent level of architectural features and detads as depicted in the elevation. Vehicle bay doors shall only be included on the back of the building. 4. All hght~ng shall be d~rected toward the ~ntenor of the s~te and away from adjoining properties. L~ghting must be d~rected down and not out horizontally or up in the air. Outdoor I~ght~ng fixtures shall not exceed 14 feet. All lighting shall be consistent w~th the standards recommended by the Illumination Engineering Society of North America (IESNA). o The freestanding s~gn shall be a monument or column-style sign no more than eight feet in height constructed of materials to match the building. The building sign shall be compatible w~th the architecture and subject to approval by the Planning D~rector or Designee. There shall be no other signs, neon s~gns, or neon accents installed on any wall area of the exterior of the building, windows, doors, light poles, or any other portion of the site. Vehicles for d~splay shall be at least ten feet from the right-of-way and shall be parked ~n the designated d~splay areas only (The final designated display areas shall be determined dunng the detailed s~te plan review process ) No vehicles shall be parked w~th~n any port~on of the public right-of-way or w~thin the vehicular entrances to the property. Vehicles shall not be d~splayed on ramps, berms, or other elevating dewces. Robert Arnold Page 3 of 3 7. There shall be no pennants, streamers, banners, balloons, or searchlights d~splayed on the s~te at any time. , Vehicle service and repair shall be hm~ted to washing, detailing, and routine maintenance of vehicles for sale only. All of the service and repair acbwty shall take place ~nside the budding. . No outside storage of junk or salvage vehicles shall be permitted. If vehicles in th~s condition require storage, then such vehicles shall be stored within the building. 10. No outside storage of equipment, parts or materials shall be permitted. 11. No outside paging or music system shall be permitted · 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~L~-~-- City Manager:~~' -~~ ROBERT ARNOLD / # 10 October 8, 2003 General Information: APPLICATION NUMBER: L09 - 211 - CUP - 2003 REQUEST: Cond~bonal Use Permit for motor vehicle sales ADDRESS' 1305 Oceana Boulevard Map L-9 Mop Not to Sca].e A-12 A-12 / CUP Motor Vehicle Sales Robert Arnold GPIN: ELECTION DISTRICT: 24154950380000 6 - BEACH Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 1 SITE SIZE: 0 580 acres (25,265 square feet) STAFF PLANNER: PURPOSE: Ashby Moss To construct an auto sales bus~ness on th~s currently wooded property. Major Issues: · Compabb~l~ty of proposed use with neighbonng properbes. · Quality of site and building design of the property Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property ~s currently wooded and ~s zoned B-2 Community Bus~ness District. Surroundinq Land Use and Zoninq North: South: East: West: · Strip retail center / B-2 Community Bus~ness D~strict · Wooded property / AG-2 Agricultural District · Across Oceana Boulevard, Navy Commissary / R- 5D Res~denbal D~strict · Single-family dwellings / R-5 D Residential D~strict Zoning History The subject property was rezoned from agricultural to commercial zoning ~n 1985. Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 2 Air Installation Compatible Use Zone (AICUZ) The site ~s ~n an AICUZ of greater than 75dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer There is an ex~sting 12-~nch water ma~n and an 8-~nch sewer ma~n in Oceana Boulevard. This site must connect to City water and sewer Sewer and pump station analysis of pump stabon 127 ~s required to ensure flows can be accommodated Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Oceana Boulevard in the vicinity of this application is a four lane urban m~nor arterial. Improvements have recently been completed w~dening the road from two to four lanes. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Oceana Boulevard 25,560 ~ Ex~sbng Land Use z_ 319 ADT ADT ~ 22,800ADT Proposed Land Use 3_ 69 ADT Average Dady Trips 2 as defined by commercial zoning for th~s s~ze property 3 as defined by auto sales as proposed Public Safety Police: · In an effort to reduce the opportunity for crime, the applicant should rewew and ~ncorporate safety by design concepts and strategies contained ~n the "Crime Prevenbon Through Environmental Design - General Guidelines for Designing Safer Commun~bes" booklet A copy of th~s booklet ~s available from e~ther the Police Department's Crime Prevenbon Unit or the Planning Department. All I~ghbng must be consistent w~th those standards Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 3 Fire and Rescue: recommended by the Illumination Engineering Society of North America (IESNA). Where I~ghbng fixtures are installed along streets, ~n parking areas, or on the building for ~llum~nabon purposes, all fixtures should be of appropriate height and design as to prevent any d~rect reflection and/or glare toward adjacent uses and C~ty streets. L~ghting must be d~rected down and not out horizontally or up in the air To avoid a design conflict between lighting and landscaping, landscape species, Iocabon, size, and projected growth should be closely considered. All necessary permits must be obtained from the Building Official prior to occupancy. Vehicles must not be parked to prevent ~ngress/egress to the property. Any security for the property must be approved by the Fire Marshal so that F~re Department access ~s not obstructed. Fire lanes may be required. Comprehensive Plan The Comprehensive Plan recognizes this area for retail, service, office and other compatible uses w~thin commercial centers serving surrounding neighborhoods and communities. Summary of Proposal Proposal · The apphcant proposes to construct and operate an auto sales facility on th~s site Site Design · The s~te plan shows a square, one-story budding 80 feet from Oceana Boulevard. The building ~s shown on the south side of the property, and parking surrounds the building on three s~des Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 4 Most of the parking areas are designated as "d~splay areas" for vehicles. Required parking and hand~capped accessible parking is shown on the north s~de of the building. Only three parking spaces are required A six-foot wood privacy fence already exists along the western property I~ne. The residential property owners west of the subject site own this fence. Secbon 239 of the Zoning Ordinance requires such a fence be installed as a cond~bon of the use permit. However, ~n this case, construcbon of a new fence ~s not necessary. Vehicular and Pedestrian Access · One vehicular access point to Oceana Boulevard is shown on the north s~de of the street frontage. Architectural Design · The submitted elevabon depicts an off-white brick veneer building with columns and cornices added to match the Navy Commissary across the street Although elevations were not submitted for the s~des and rear of the building, Condition 3 recommended below requires that the same materials and the same level of architectural features and detads be included on the right side elevabon. The left side and the rear elevation will not be wsible from any public street or from neighboring properties Ulbmately, the applicant ~ntends to develop the property south of the subject s~te (left s~de) and extend the building across to the adjacent property. La ndscape and Open Space A 15-foot Category IV landscape buffer is shown along the western property line as required where ~t abuts residential zoning Since the property is currently wooded, existing trees in the buffer area will be preserved, and additional vegetabon will be supplemented where necessary to meet the Category IV requirement. · Section 5A 4(b) of the S~te Plan Ordinance requires 12 percent of the d~splay area be landscaped. The proposed site plan slightly exceeds this requirement. · Street frontage and foundabon landscaping is shown as required. Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 5 Evaluation of Request The applicant's request for a Condibonal Use Permit for motor vehicle sales is acceptable. This secbon of Oceana Boulevard has become more attracbve to businesses now that the road improvements are complete. The proposed auto sales use is compatible with other commercial uses along Oceana Boulevard. Additional consideration has been g~ven to the residenbal properties behind the subject site, through ~nclusion of conditions with the use permit that maintain a wooded buffer at the rear of the property, prohibit outside storage, prohibit an outside paging or music system, and I~m~t m~nor repair work and cleaning to inside the building. Although th~s site ~s relatively small, ~t does exceed the 20,000 square foot m~nimum lot size required by the Zoning Ordinance for this type of use. The recommended conditions below w~ll also ensure that the s~te does not become overcrowded w~th vehicles on display, and that the s~te and building are developed in a quality manner. Therefore, th~s applicabon is recommended for approval, subject to the conditions listed below. Conditions o . , The site shall be developed in substanbal conformance with the site plan entitled "Prehminary Site Plan of The Automobile Center" dated 4-15-03 by Mel Smith & Associates, which has been exhibited to City Council and is on file ~n the Planning Department. However, the plan may be altered to reposibon display areas and landscape islands. Landscaping shall meet or exceed all applicable requirements of the Zoning Ordinance and Site Plan Ordinance. All trees with a cahper of two-inches or greater shall be preserved within the Category IV buffer area on the west s~de of the property Trees and/or shrubs shall be supplemented where necessary to meet or exceed the Category IV buffer requirement. The budding shall be constructed in substantial conformance w~th the elevation entitled "Auto Sales Center," which has been exhibited to City Councd and is on file ~n the Planning Department. The apphcant shall work w~th the Department of Planning staff to include additional architectural treatments to add vanabon in the roofl~ne. The right s~de elevabon shall ~nclude the same materials and incorporate an equivalent level of architectural features and detads as depicted in the elevabon Vehicle bay doors shall only be ~ncluded on the back of the budding Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 6 . All I~ghtmg shall be d~rected toward the ~ntenor of the site and away from adjoining properties. Lighbng must be directed down and not out horizontally or up in the air. Outdoor lighting fixtures shall not exceed 14 feet. All lighting shall be consistent with the standards recommended by the Illumination Engineenng Society of North America (IESNA) . The freestanding sign shall be a monument or column-style s~gn no more than e~ght feet in height constructed of materials to match the budding. The building s~gn shall be compabble w~th the architecture and subject to approval by the Planning D~rector or Designee. There shall be no other signs, neon signs, or neon accents ~nstalled on any wall area of the exterior of the building, windows, doors, light poles, or any other port~on of the s~te. . Vehicles for display shall be at least ten feet from the right-of-way and shall be parked in the designated d~splay areas only. (The final designated display areas shall be determined during the detailed site plan review process.) No vehicles shall be parked w~th~n any porbon of the public right-of-way or within the vehicular entrances to the property Vehicles shall not be d~splayed on ramps, berms, or other elevating devices. 7. There shall be no pennants, streamers, banners, balloons, or searchlights d~splayed on the site at any bme. 8. Vehicle service and repair shall be limited to washing, detailing, and routine maintenance of vehicles for sale only All of the service and repair acbvity shall take place ~nside the budding. . No outside storage of junk or salvage vehicles shall be permitted. If vehicles ~n th~s condition require storage, then such vehicles shall be stored within the building. 10. No outside storage of equipment, parts or materials shall be permitted. 11. No outside paging or music system shall be permitted. 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 a==licable Citv Codes. Conditional use =ermits must be Planning Commission Agenda October 8, 2003 ROBERT ARNOLD I # 10 Page 7 activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 8 Planning Commission Agenda October 8, 2003 ROBERT ARNOLD /# 10 Page 9 Planning Commission Agenda October 8, 2003 ROBERT ARNOLD I # 10 Page 10 I I Jlll611gl I I w ,i i! ii ii JJ I JJ J Ii. Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 11 0 Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 12 APPLICANT DISCLOSURE if the applicant is a CORPORATION, hst all officers of the Corporation below. (Attach list if necessary) If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list alt members or partners ~n the organization below: (Attach list necessary) 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 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 ORGANIZATION, list all members or partners in the orgamzation below (Attach hst if necessary) Check here ~f the property owner ~s NOT a corporation, partnershIp, firm, or other unincorporated orgamzatlon [111 II / III I I1~ I i · ~, JU .................. . iii1.111Ir.rI CERTIFICATION: I certify that the information contained here~n is true and accurate. I understand that, upon receipt of nobficatlon (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required s~gn on the subject property at least 30 days prior to the scheduled pubhc heanng according_to the instruchons in th~s package. Appl~cant'~ ~[gn'ature "" - '"' Pnnt Name ' Property Owner's Signature Of d~fferent than applicant) Pnnt Name rl I II I III r , I17171!111 ,,. ,, ' .. -:.:~';;;: ; ...... ; : ::2 ::; ~; :: I ,rllq~ , ~ ] ,,1111,11 II ..... II Condt~t~onal Use Permit ApphcatJon Page 10 of 10 Rewsed 7tl/2003 Planning Commission Agenda October 8, 2003 ROBERT ARNOLD / # 10 Page 13 Item # 10 Robert Arnold Conditional Use Permit 1305 Oceana Boulevard District 6 Beach October 8, 2003 CONSENT Dorothy Wood: The next item is Item #10, Robert Amold. An Ordinance upon Application of Robert Arnold for a Conditional Use Permit for motor vehicle sales on Oceana Boulevard in the Beach District with eleven conditions. One condition is changed Mr. Arnold. Did you see the change? Robert Arnold: Yes ma'am. I am aware of that. Dorothy Wood: Do you agree with all of the conditions? Robert Arnold: Yes ma'am, I do. Dorothy Wood: Thank you. Is there any opposition to this item, which is Item # 107 Ed Weeden: Ms. Wood? Dorothy Wood: Yes. Ed Weeden: He needs to identify himself for the record. Dorothy Wood: I'm sorry. Robert Amold: H1. I'm Robert Arnold. Dorothy Wood: Mr. Amold, thank you. Is there any opposition to Item #10, Robert Arnold? It's an application for a Conditional Use Permit for motor vehicle sales on Ocean Boulevard? Hearing none, Jan would you please comment on this item? Jamce Anderson: This is an apphcatlon for a Conditional Use Permit for motor vehicle sales. The site is located off Oceana Boulevard right across where the Commissary is currently located. The property right now is vacant but it is zoned B-2, which is business zoning. The Commission believes this is an appropriate Use. He has proposed a one- story building. It will be 80 feet back from the Boulevard so it's a buffer from Oceana Boulevard. The architecture that they're proposing is similar with the Commissary so there's a good theme and the architectural will go along with the area for development and we believe this is an appropriate Use for that area and the Commission is recommending approval. Item # 10 Robert Arnold Page 2 Dorothy Wood: Thank you. Thank you Mr. Arnold. Robert Arnold: Thank you. Dorothy Wood: Mr. Pdpley, I would move to approve th~s item on the consent agenda, which ~s Item # 10, Robert Arnold for an ordinance upon apphcat~on for Mr. Arnold for a Conditional Use Permit for motor vehicle sales on property located on Oceana Boulevard and th~s has eleven conditions w~th one of them has been changed s~nce the pnnt~ng of the agenda. Ronald R~pley: We have a motion. Do I have a second? Gene Crabtree has seconded Is there any d~scusslon on the motion? Hearing none, we'll 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 Ripley: By a vote of 11-0, the motion carries. Map L-9 Mop Not to Scole A-12 Robert Arnold / % % % OCG CUP Motor Vehicle Sales ZONING HISTORY 1. 2-27-89- CONDITIONAL USE PERMIT (Min~-Warehouses)- Granted 9-10-84- CONDITIONAL USE PERMIT (Storage Yard)- Granted 2 4-14-92 - SUBDIVISION VARIANCE - Granted 4-14-92 - ZONING CHANGE from B-2 Business to R-5D Res~denbal- Granted 3. 10-7-85- ZONING CHANGE from AG-2 Agricultural to B-2 Bus~ness - Granted , I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Goodwill Industries of Hampton Roads, Inc. - Conditional Use Permit (motor vehicle sales) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of Goodwill Industries of Hampton Roads, Inc. for a Conditional Use Permit for motor vehicle sales on property located at 5565 Virginia Beach Boulevard (GPIN 1467382046) DISTRICT 2- KEMPSVILLE Considerations: There is an existing nonprofit retail estabkshment (Goodwdl Industries) prepanng to operate within the large structure on the site. Parking lots exist both in the front and the rear of the s~te. The parcel is currently zoned B-2 Community Business District. Goodwill Industries of Hampton Roads, Inc. ~s proposing to utilize the rear of the site for the display of up to 90 donated used vehicles to be resold to the general public. Periodically, the appkcant proposes to partner w~th other nonprofit organizations and hold vehicle auctions as well. Individual vehicles wdl be offered for sale to the public concurrently with the retail store's hours of operabng: 9:00 a.m. to 9 00 p m. Monday through Saturday and 12:00 p.m. to 6.00 p m. on Sunday. The conditions below are designed to ensure that the residenbal properties to the south are not adversely ~mpacted by the proposal. These cond~bons ~nclude ~nstalling additional landscaping and fencing, prohibibng certain uses, and lim~bng the number of vehicles for sale on the s~te Whde Condition 1 hmits the number of vehicles to 90, the requirements of the Zoning Ordinance w~ll determine the ultimate number based on the number of parking spaces necessary for the square footage of the uses w~th~n the budding Based on current informabon regarding uses ~n the building, the applicant is permitted to have only 28 motor vehicles on the site. In order to ~ncrease this number, a variance from the Board of Zoning Appeals may be sought by the applicant Staff recommended approval. There was oppos~bon to th~s request Goodwdl Industries Page 2 of 3 Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request w~th the following conditions: , No more than 90 motor vehicles at one time shall be on display on the property. All d~splay of motor vehicles for sale shall be located behind the building, on the south side of the s~te 2. Any auction held on the property shall be conducted ~n the front (north) parking lot, away from the residentially zoned properties. . At a minimum, a s~x (6) foot h~gh sol~d privacy fence w~th Category I landscaping on the south s~de of the fence shall be ~nstalled along the southern property line 4. At a minimum, all landscaping depicted on the s~te plan entitled, "Mars Music," prepared by MSA, Inc., dated July 22, 1997, shall be installed. Additional landscaping may be required due to Zoning Ordinance requirements 5. No inoperable vehicles shall be permitted on the site. 6. No automobde repair and/or service of vehicles shall be permitted on the premises. 7. No t~res for sale, merchandise, or parts shall be displayed or stored outside. . All automobile detailing and washing activities, as part of the organization's Employment and Training Program, shall only occur on the rear of the s~te, on the south side of the building. 9. Vehicle d~splay platforms shall be prohibited. 10. All parking spaces required by the C~ty Zoning Ordinance must be marked by painted striping on the side, including hand~cap spaces in accordance w~th the Americans w~th D~sab~lities Act (ADA). 11 An outdoor loudspeaker paging system or the playing of music and/or announcements over an exterior speaker system shall not be ut~hzed or permitted. The ut~hzation of a public address system dunng auctions as described above ~n Condition #2 is permitted 12 All outdoor lighting shall be shielded to d~rect light and glare onto the premises; sa~d lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor I~ghting fixtures shall not be Goodwill Industries Page 3 of 3 erected any higher than 14 feet. 13.The Conditional Use Permit is to be adm~nistrabvely reviewed ~n one year. · Attachments: Staff Rewew D~sclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Planning Department~ Submitting Department/Agency: City Manager: ~ , i GOODWILL INDUSTRIES / # 13 October 8, 2003 General Information: APPLICATION NUMBER: C06-217-CUP-2003 REQUEST: Conditional Use Permit for a motor vehicle sales ADDRESS' 5565 Virginia Beach Boulevard Ma C-6 Map No~to Scale Goodwill Industries of Ham Inc. CUP for Motor Vehzcle Sales GPIN: ELECTION DISTRICT: 14673820460000 2 - KEMPSVILLE Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 1 SITE SIZE: STAFF PLANNER: PURPOSE: 3.02 acres Carolyn A.K. Smith To ubl~ze the rear of the s~te for the display of up to 90 vehicles to eventually be sold at auction. Major Issues: · Degree to which the proposal is compatible w~th the surrounding residential area to the south and other adjacent properties. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning There is an ex~sting nonprofit retail establishment (Goodwdl Industries) prepanng to operate within the large structure on the s~te. Parking lots exist both in the front and the rear of the s~te The parcel ~s currently zoned B-2 Community Business District. Surrounding Land Use and Zoninq North: South: East: West: · Virginia Beach Boulevard, retail, Salvation Army / B-2 Community Business D~strict · S~ngle-fam~ly dwellings / R-10 Residential D~stnct · Fuel sales, min~-warehouse / B-2 Community Business District · Dominion V~rginia Power Sub-station / R-7.5 Residential District Zonin.q History A request very simdar to Goodwill's proposal was granted ~n 1996 for the Salvabon Army to operate used vehicle sales facility ~n conjunction with their other services Salvabon Army is located on the north s~de of V~rgin~a Beach Boulevard (#3 on the Zoning History Map) in the vicinity of th~s site On this parcel, ~n 1995, C~ty Councd The Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES I # 13 Page 2 approved a request to change the zoning to B-2 Community Business as well as a Conditional Use Permit to operate a motor vehicle sales operabon. Other zoning actiwty in the area have included motor vehicle related uses and mini-storage. Air Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer City water and sewer are available to th~s s~te. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Virginia Beach Boulevard in the wcin~ty of th~s application ~s an eight (8) lane divided urban arterial. It ~s designated on the Master Transportation Plan as a 150 foot wide diwded right-of-way There are currently no CIP projects to upgrade this roadway. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use z_ 1,459 ADT V~rg~n~a Beach 41,000 ADT ~ 34,940 ADT ~ Boulevard Proposed Land Use 3_ 1,383 ADT Average Da~ly Tr~ps 2 as defined by general retad 3 as defined by specialty retad Public Safety Police: In an effort to reduce opportunity for crime, the apphcant should review and incorporate safety by design concepts and (design) strategies contained ~n the CVB Planning Department's, "Crime Prevenbon Through Enwronmental Design - General Guidelines for Designing Safer Communities" booklet A copy of th~s booklet can be obtained by contacting Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 3 Fire and Rescue: either the Planning Department or the Police Departments Crime Prevention Unit. All lighting on the site should be consistent with those standards recommended by the Illumination Engineenng Society of North America (IESNA) Where lighting fixtures are installed along streets, ~n parking areas, or on the building for illumination purposes, all fixtures should be of appropriate height and design as to prevent any direct reflection and/or glare toward adjacent uses and city streets. L~ghting should be directed downward Fire lanes may be required after occupancy and vehicles must not obstruct the F~re Department's ability to access the site. Comprehensive Plan The Comprehensive Plan Map and land use policies recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. All commercial expansion ~n this area should be done with the goal of prowding an attractive, safe, well-maintained quahty physical environment, all of which contribute to the corridor's economic viability. Summary of Proposal Proposal · Goodwdl Industries of Hampton Roads, Inc is proposing to utdize the rear of the site for the display of up to 90 donated used vehicles to be resold to the general public. Periodically, the applicant proposes to partner w~th other nonprofit organizations and hold vehicle auctions as well Individual vehicles wdl be offered for sale to the pubhc concurrently with the retail store's hours of operating. 9 00 a.m. to 9:00 p.m. Monday through Saturday and 12:00 p m. to 6:00 p.m. on Sunday. Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 4 , Goodwill also proposes to develop a Vocabonal Training Program in automobile detailing for their disabled and disadvantaged clients Th~s would involve washing, waxing and cleaning the donated vehicles in the rear of the budding, adjacent to the loading dock. All washing will be done w~th buckets, sponges and water hoses. A portable wet-dry vacuum wdl be used for vacuuming the interior of the vehicles. No mechanical work wdl be done on site. Site Design · The site plan depicts the existing large building w~th approximately 34,400 square feet. The retail component will comprise of 12,400 square feet, 12,700 square feet of the budding will be used for office space and employment training, and the remaining 9,300 square feet of the building w~ll be ubhzed for storage space. Under th~s scenario, the maximum number of parking spaces available for the display of motor vehicles is 28. In order for the applicant to increase this number to 90 as desired, a variance to the Board of Zoning Appeals would be necessary. The ex~sting parking lot has 160 parking spaces w~th three (3)loading spaces. The majority of the spaces (94) are located ~n the rear of the building, where the display area is proposed. The applicant's representabve has stated that this use is unique when compared to a typical retad establishment and feels that th~s number of spaces will more than meet their needs Vehicular and Pedestrian Access · A s~ngle vehicular access exists off of Virginia Beach Boulevard at the northeast corner of the property. · Pedestrian access,s adequate. Landscape and Open Space · The site plan depicts landscaping, some of which has been installed, including foundabon, streetscape and ~nterior parking lot landscaping. A more thorough review of all landscaping wdl occur dunng s~te plan review. The existing landscape buffer along the southern property line ~s not sufficient to adequately buffer the proposed use from the residential properties to the south. Staff has conditioned the approval subject to increasing the landscaping and ~nstalling a privacy fence in th~s area. Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 5 Evaluation of Request The request for the d~splay and sale of motor vehicle sales for Goodwill Industries of Hampton Roads, Inc. is recommended for approval subject to the condibons below. The conditions below reflect staff's desire to ensure that the residenbal properties to the south are not adversely impacted by the proposal. These conditions include installing add~bonal landscaping and fencing, prohibiting certain uses, and hmibng the number of vehicles for sale on the site Whde Condibon 1 hm~ts the number of vehicles to 90, the requirements of the Zoning Ordinance wdl determine the ulbmate number based on the number of parking spaces necessary for the square footage of the uses w~thin the building. Based on current informabon regarding uses in the building, the applicant is permitted to have only 28 motor vehicles on the site In order to ~ncrease this number, a variance from the Board of Zoning Appeals may be sought by the applicant. Conditions 1. No more than 90 motor vehicles at one time shall be on d~splay on the property. All display of motor vehicles for sale shall be located behind the building, on the south s~de of the s~te 2. Any auction held on the property shall be conducted in the front (north) parking lot, away from the residentially zoned properties 3. At a minimum, a six (6) foot h~gh solid privacy fence with Category I landscaping on the south side of the fence shall be installed along the southern property line. 4. At a minimum, all landscaping depicted on the s~te plan entitled, "Mars Music," prepared by MSA, Inc, dated July 22, 1997, shall be installed Additional landscaping may be required due to Zoning Ordinance requirements. 5. No ~noperable vehicles shall be permitted on the site. 6. No automobile repair and/or service of vehicles shall be permitted on the premises. 7 No tires for sale, merchandise, or parts shall be displayed or stored outside. 8. All automobile detaihng and washing acbvibes, as part of the organization's Employment and Training Program, shall only occur on the rear of the site, on Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES I # 13 Page 6 , I the south side of the building. 9. Vehicle display platforms shall be prohibited 10 All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including hand~cap spaces ~n accordance with the Americans with Disabilities Act (ADA). 11.An outdoor loudspeaker paging system or the playing of music and/or announcements over an exterior speaker system shall not be utilized or permitted. The utilization of a public address system dunng auctions as described above ~n Condibon #2 is permitted 12.AII outdoor hghting shall be shielded to direct light and glare onto the premises; sa~d lighting and glare shall be deflected, shaded, and focused away from adjoining property Any outdoor lighting 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 October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 7 I L Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 8 , i Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 9 , I Z DffCLOSURE STATEHENT i~,. , ,,~. ! , ~ ,r ,, . .,.~U..,,, , .'' "" 5, ,,,,, · ,,,,r," , , , APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) See Attached L~st for Goodwill Industries of Hampton Road~, Inc. If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I-! 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 is a CORPORATION, list all officers of the Corporation below' (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list necessary) Howard R. Sykes .... J~ ..... M~mber James T. Conway, Member Check here if the property owner ~s NOT a corporation, partnership, firm, or other unincorporated organization. t ............... I ......... I,, I I I I II ..................... II II1[I IIII II ..... I II ..... . , i i iiiiii i i i IIIIIIIIII I I II II I IIII IIIIIIIIII I I I I II CERTIFICATION: I certify that the informatiOn contained herein is true and accUrate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for pubhc headng, I am responsible for obtaining and posting the required sign on the subject property at least 30 days pdor to the scheduled public hearing accordip~l to the instructions in this package. Coodw~q_~1 [ndustr~_.~s of Hampton Roads, Inc. Appli.~ ~,~na~ ~ CS C~'m~~r~t[es, L.L.C. By:./..~.// Howard R. Sy~.e$, Jr., ilember Propert~ner's Signature (if different than applicant) Print Name ......... ,,, i i1~111 ,. [ [ J i i jj i_1 i ilUl i ii i i. [ [ . · ....... [ ! [ Co.d~fionat Use Permit Application Page 110 of t0 ReYtsec1711/2003 Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES / # 13 Page 10 , GOODWILL INDUSTRIES OF HAMPTON ROADS, INC. EXECUTIVE BOARD Zgb Holt - President 500 Volvo Parkway Chesapeake, VA 23~20 Office: 321-5224 Fax: 321-5400 E. Mai] Add~s ~ay King-Vice PrmMen t LeClatr Ryan At~o~eys At Law ~ Waterside D~ve Suite 515 No~olk, VA Direr Daft: 441-8929 Fox: 62~3773 Home: 853-0~7 E. Mall Ad~r~kq: rking~l~lairry~n, com. ~oe Antle - Secre~ Ad~e~tsing O~r. Of V~r~inian Pilot 150 W. Brambl~on Ave. Norfoi~ VA 23510 Phone: Office' 222-51 2~2~ Home: 49~0102 Addr~s: 1~ Bare Br~k Virginia ~ch~ VA 23454 E.Mnil Add~s ~.l~~. ~ntter Roe - Treasu~r ~cPhili~, Ro~rLq ~ Denns~ PLC 2101 Par~ Ave. Sutte ~2 O~ee: Fa~: E. Mail Addr~q ~am~ H. BIn~qinRhnm, II1, CLU, - Pnrl~men~an Cons~i Finnnclal G~up IS0 Boush St~ S~ite Norfolk, VA 23510 ~oflc: O~ee: Fax: Home: I308 Mnflt~ Norfolk~ VA ~117 Home Phone: 627.101 Cell Fbflne: 287-2818 E. Mad 4ddress lira_ Jnn, 200S Jan, 2006 Jan. 2006 Jan. 2005 Jan. 2006 Planning Commission Agenda October 8, 2003 GOODWILL INDUSTRIES I # 13 Page 11 i Item # 13 Goodwill Industries of Hampton Roads, Inc. Conditional Use Permit 5565 Vlrg~ma Beach Boulevard District 2 Kempsvflle October 8, 2003 REGULAR Robert Miller: The next item is Item #13 is Goodwill Industries of Hampton Roads, Inc. Donald Horsley: We knew that this was a very unique project. Eddie Bourdon: Good afternoon Mr. Chmrman, for the record my name is Eddie Bourdon, a Virginia Beach attorney. With me ~s Mr. John Morgan, who's the president of Goodwill Industries ~n Hampton Roads and John will be here just In case there are any questions or issues that I'm not able to address. I've been outside conversing w~th some fine people who live ~mmedlately behind this piece of property located on the south s~de of Virg~ma Beach Boulevard The property is the old Mar's Music s~te. It's not actually old. It's been a few years since it was developed. The tenant has gone out ofbus~ness and so we've got a situation where Goodwill Industries has taken over the property, a long- term tenant s~tuat~on and they're requesting this Use Permit for the sale only of motor vehicles. No repairs, nothing of that nature on the property. I'm out of t~me already? Robert Miller: Ed wasn't here so we turned the computer on ourselves. Ronald Rlpley: Mr. Bourdon, you need to take a seat. Eddie Bourdon: The conditions that we worked on closely with Carolyn as well as w~th the zomng office on this apphcatlon. Th~s is a large bmld~ng. It was a retail building. That bmldlng ~s now going to be partially retail and a s~gmficant amount of the building ~s being used as educational purposes for the clientele and also for storage. The property features 163 parking spaces in the front and ~n the rear. We are supremely confident that the parking in the rear will not be a utilized for the activities on the s~te and the parking in the rear ~s where the apphcant wishes to sell vehicles, operable, hcensed vehicles that are donated to Goodwill and that is where this would take place. When you technically do the numbers based on the different uses of the property with a significant retail component and the parking that's required by the ordinance, we don't have theoretically enough parking but the reality ~s and I think everyone in Planning and Zoning recogmzes that this use is not going to utilize anywhere near all the parking. So, that is the only real issue is the number of vehicles that can be on the site for sale It ~s anticipated that there will generally be anywhere from 25-50 vehicles on the site for sale. We expect that they will not be there for any significant amount of time. There will be a good turnover. What Goodwill is also going to be doing ~s partnering with some other non-profitable Item #13 Goodwill Industries of Hampton Roads, Inc. Page 2 charitable groups who also have vehicles donated to them and on occasion they will have an auction on the site for vehicles which ~s the purpose of getting vehicles that are donated, moved, sold and back into the hands of ~ndlviduals or for that matter dealers' hands. Those auctions will take place periodically and is only ~n that Instance that we anticipate as many as 90 vehicles there when the other vehicles are turned in by the other non-profits for that purpose. And the conditions that you see that staff has recommended are tailored to that c~rcumstance or that s~tuatlon. When you look at the rear of the site, there is a s~gnlficant distance from the back of the parking to the adjacent residential property and they put a httle cul-de-sac back here. The eastern section roughly measures 125 feet. And ~n the western section ~t's around 70-75 feet. We have agreed to place a fence, a solid fence across the back and also to obtain approvals from Dominion Power and the storage facihty on either side to t~e those fences ~n to the fencing there. So, to ehm~nate what apparently, currently emsts in some degree some pedestrian cut through traffic back there which has been a nuisance for the folks back there and you wall here from one or two of them. We're prepared to do that. There ~s a landscaping requirement. There's currently landscaping required back here in the back parking lot that has not been completed by the developer because of the drmnage project that the C~ty is undertaking. And, that landscaping wall also be put ~n. It's one of the numerous conditions that is attached to the staff recommendation for approval and we are ~n agreement of all of those recommended conditions. I'll be happy to answer any questions that may come up and questions to John as well. Ronald R~pley: Are there any questions of Mr. Bourdon? Will. William D~n: Eddie, are there any operations that Goodwdl operates that are similar to th~s and in this area. Eddie Bourdon: John? John Morgan: Good afternoon. Yes sir. We have 13 locations throughout the Hampton Roads area. According to state law that we are only allowed, I believe to sell five cars a year without hamng a dealer's hcense. Right now, were contracting with an auto auction group that tows them off s~te and they charge us a high fee. And, it really takes money from our employment training programs. So, we were looking at a site that we could bring the cars to a safe and secure environment that we can go ahead and sell them without the fear of vandahsm Wdham Din: My question, I guess, does Goodwdl operate any other facilities similar to this? John Morgan: Not this large. No s~r. Wdham D~n: Do you have smaller operations? Item #13 Goodwill Industries of Hampton Roads, Inc. Page 3 John Morgan: We've had smaller operations except that we got so many cars we could not legally sell at that location. William D~n: I'm trying to understand the experience you and the turnover rate that you have on some of these operations like this. My main concern is the length the time the vehicles actively stay on there. And, when I went through the apphcat~on I did not see anything that said, until I heard today that only operable vehicles would be there. Do you have any idea what k~nd of turnover rate you will have? John Morgan: We're looking to get them out of there every two weeks. We don't have the room for them just to sit there. And, if they don't sell, we'll scrap them and have them removed. William Din: Thank you. Eddie Bourdon: They'll be removed and then scraped. Ronald Rlpley: Gene, did you have a question. Eugene Crabtree: That answered mine. Ronald Rlpley: Does anybody else have questions of Mr. Bourdon at this t~me? Donald Horsley: The auctxon part. The other non-profit groups would they have a facility that Goodwill could take the vehtcles to their facilities? Eddie Bourdon: They're smaller non-profits and Goodwill, because of their size and constituent based asset they're the one's who will be able to help the smaller operations out. And, that's the purpose. There's no amphfied sound or any of that. An auctioneer and when they have an auction he would handle that in front of the building not in the back of the building. Donald Horsley: Do you anticipate this taking place once a month? Eddie Bourdon: It could be more often than that but I would suspect on average it would be much more than once a month Seasonally, there might be some issues there. It may happen twice a month or certain t~mes a year you may not have one at all. Donald Horsley: But normal times you don't anticipate more than 50 vehicles on the site at any one time? Eddie Bourdon: Correct. Not anticipating more than 50 vehicles there on a day-to-day bas~s. It will be when you have an auction s~tuatlon then you would possibly have as many as 90 vehicles ~n that space in the 96 parking spaces in the back of the building. Item # 13 Goodwill Industries of Hampton Roads, Inc. Page 4 Ronald Rlpley: Is there anybody else to speak in favor of this? Eddie Bourdon: No, there isn't. Ronald Rlpley: Mr. Miller, I think we have a couple of people in opposition. Robert Miller: Amanda Nomsh. Amanda Nordsh: Good afternoon. My name is Amanda Nomsh. And, I'm a resident of the Fair Meadow Estates, which is located directly behind the property in question. Personally, the property that I reside at is 258 Lowther Drive and it is the property that you see at the very end of the dead end and my property line pretty much is next to the Goodwill Industries line. Ronald Rlpley: Ma'am, there's a laser pointer right there, that black thing. You can just point it to show us. Amanda Nomsh: As a neighbor, I welcome Goodwill Industries. I think it's a good program. But, I do not welcome the auto auction phase of their operation. I feel it would inhibit privacy. I'm a stay at home mom. I have two boys. We are home everyday dunng the day and outside in our yard. A fence would certainly help with that and the landscaping would help with that as well. But, I'm concerned about the amount of people coming and going in that back lot and how it will affect my home, my personal safety and my security. We have a nice dead end. I like the fact that it's quiet. The excess with the fence perhaps would help prevent the foot traffic. Right now, we do have a problem with people coming and going. We have a convenience store, which people like to use. They are for the most part not lnvaslve to my property but there have been at times when I have feared for my safety. My husband is in the military and when he is away, I am home alone. I have wonderful neighbors and they're with me today and I would feel comfortable calling any of them, however, it is still a situation that I don't want this to happen in my neighborhood, the light, perhaps from excess security that they would have with these vehicles. As was stated earlier about an identified need, I don't believe there's an identified need for more auto sales in this area. Across the street on the other side of Virginia Beach Boulevard is a Salvation Army that does have auto auctions as well. And, I just would like to let you know that it is something that I would prefer not to occur next to my home Thank you for your time. Ronald Rlpley. Thank you very much. Are there any questions of Ms. Nomsh? Don. Donald Horsley: You don't have a problem with the autos you just don't like the auctions? Is that what it is? Amanda Nomsh: No sir. I really would have a problem with the autos being there as well. I think with the people it's going to bring outside. They have said no repairs and that's good. But there will still be people out there and doing things outside and I don't Item #13 Goodwill Industries of Hampton Roads, Inc. Page 5 mind having friendly neighbors but this is going to a point where I'm sure we will have a problem. I would feel comfortable calling Mr. Morgan and saying "there's some guy out back in your lot bothenng my family and I feel uncomfortable. Could you get out there?" I think that would probably happen but ideally, I would prefer that this not occur. Ronald Rlpley: Okay Are there any other questions? Thank you very much. Amanda Nomsh: Thank you. Robert Miller: John Sherlock. John Sherlock: Thank you. The problem we have in the neighborhood is the homeless that cut through there. We have actually had homeless people sleeping on the property. We would be opposed if that fence could not be connected with the power station, the fencing and the storage units. Just as a citizen, there is a lot of opposition here in our neighborhood to this. Ronald Rlpley: So you would definitely want to see those fences connected. John Sherlock: That's correct. Ronald Rlpley: To stop the cutting through. John Sherlock: With the location of Newtown Road and Virginia Beach Boulevard, we have a lot of homeless people that are in our neighborhood. It's a threat to our neighborhood. Ronald Rlpley: Okay. Are there any questions of Mr. Sherlock? Robert Miller: Mr. Sherlock, can you show us where you live by using that pointer there please? John Sherlock: I live right in the same area as that lady. We have scruffy looking people that cut through that area. We have people carrying bottles ~n bags living in that area. Dogs. It's just a real concern and I just feel that if we're going to have a fence ~t's got to connect to Domlmon Power to cut down that foot traffic and also the storage facility that's on the other side of the property. That's my concern is that foot traffic and we're nervous about as far as breakqns in our neighborhood. Ronald R~pley: I think Ms. Wood has a question Dorothy Wood: S~r, you would be happy then if they did have the fence? You would not have an objection if the fence did tie in? Is that correct? , Item # 13 Goodwill Industries of Hampton Roads, Inc. Page 6 John Sherlock: That's correct, if it goes all the way to the sub-station. They got to get with Dominion Power and discuss this with Dominion Power. Dorothy Wood: Then you would be happy? John Sherlock: I would be happy. Dorothy Wood: Thank you sir. John Sherlock: Thank you. Ronald Rlpley: Thank you very much. Yes, Will. William Din: Mr. Sherlock, the fence that you're talking about can you use the pointer to show us what fence you're talking about that you'll be happy with? John Sherlock: Well, the fence would be all along that ditch line and then there's a sub- station that would be to the left that would connect into the sub-station. William Din: And the homeless people that you're talking about are they coming through from Virginia Beach Boulevard side? John Sherlock: At this point, they're staying up between the sub-station and the Goodwill building right now. They're staying in that area. We, as a neighborhood, as you can see Fair Meadows going out to Virginia Beach Boulevard there. There's a bus stop there at that comer. They had a tree... Ronald Pdpley: Mr. Sherlock, you need to stand closer to the mlc. John Sherlock: There was a tree that was overgrown at the bus stop at the comer of Fair Meadows and Virginia Beach Boulevard. We, as a neighborhood took that comer and cleaned that up. We ran the homeless out of there. But, they continue to sleep in and around the Goodwill building and back around the cul-de-sac dead end there. And, we've got real concerns about that and I think the fence will help with the cut through traffic in our neighborhood. It's not going to resolve it all. Ronald Rlpley: Don Horsley. Donald Horsley: The fence and if it goes behind the power company and behind the project we're talking about and the storage and all that, so that whole area would be fenced away from the neighborhood right? John Sherlock: Yes sir, a real inconvenience for the homeless. Donald Horsley: So right now, the only place they can get through is through the Item #13 Goodwill Industries of Hampton Roads, Inc. Page 7 Salvation Army, I mean through the Goodwdl's property? So, really if they don't get the cars you probably don't get the fence is what it's amounting to is the way it's looking to me. Maybe we need to go for that because it looks hke it's a real problem there and if we get a good fenced tied ~n there. John Sherlock: My question is will Dominion Power allow them to connect that fence? And, if they'll do that, I feel I'm the crime watcher coordinator in the neighborhood and I feel that's got to help. Donald Horsley: Right. I agree. I would think the power company wouldn't have any problem. John Sherlock: We had a discussion with the representative of Goodwill that they be "No Trespassing" signs put up and that will be able to enforce Police Department. Ronald Rlpley: Okay. Thank you very much. Thanks for coming down. Mr Bourdon, you would like to readdress us? Eddie Bourdon: Yes, just briefly. Ronald Ripley: Hold on a second. There's a gentleman rinsing h~s hand. Do you wish to speak in favor? Fred Snyder: Yes sir, and in opposit~on. Ronald R~pley: Would you come forward please. Fred Snyder: I'm sorry sir. I didn't get here in time to s~gn up. Ronald Ripley: Just come forward and state your name. Fred Snyder: My name ~s Fred Snyder. We own the property Snyder Motors on the property across the street. It's a car lot. We've been at the comer for 40 years. I'd like to express my opposition agmnst this. I didn't hke ~t when the Salvation Army opened up a used car lot back there in working against what all the dealers in Vlrglma Beach prod thousand of dollars for city licenses and taxes. A non-profit orgamzat~on comes ~n and wants to sell cars. It's in direct competition with us. I feel sorry for what the man smd about the homeless people every since the Salvation Army came in that comer has become a haven for homeless people. You can't go to the Boulevard/Newtown Road without seeing at least two or three, sometimes four, every comer standing in the median of Virginia Beach Boulevard and Newtown Road. In the morning, you see them migrating towards the Goodwdl and Salvation Army and in the afternoon they come back. On the weekends, they're all behind the Texaco right now doing their drugs, dnnklng and all they want for donations if you try to g~ve them food they don't want ~t. They just want the dnnk But that has nothing to do w~th th~s car operation. The car Item #13 Goodwdl Industries of Hampton Roads, Inc. Page 8 operation I'm opposed to. I don't feel that ~t's good for th~s neighborhood. We already have a Salvation Army doing ~t. The man from Goodwdl said that they have 13 locations that are selling five cars a p~ece now. If they're going to do a car lot, let them open up a car lot and pay hcense and taxes. Do ~t the way every other dealer ~n town does ~t. That's the way ! feel about ~t. Ronald R~pley: Thank you very much Mr. Snyder. Are there any questions of Mr. Snyder? Thank you. Donald Horsley: Would you have a problem ~f the put a hm~t on the number of cars that they could keep there? Fred Snyder: If they're doing five a year that's okay. You're allowed to sell five out of your backyard. You do more than that then Department of Motor Vehicles says you have to have a hcense. Pay the thousands of dollars and get your bond and be controlled by the State and the DMV. Have the vehicles state ~nspected. We all know that these cars that are donated are usually scrap and that's 90 percent of the people that want to donate a vehicle. They're looking for a tax write off. And, the car ~s worth nothing really but any blue book says ~t's worth something so they can write ~t off by donating ~t the Salvation Army or the Goodwdl. If ~t's the other way around, ~f ~ts worth less than the what the book says and they stall want to keep it, you know that they're down here on tax day trying to get the City Commissioner to say "No, ~t's not worth that" but it's less. Donald Horsley: Where ~s your car lot? Fred Snyder: We have one nght. Robert Miller: I th~nk ~t's over to the left. Up further to the left. Fred Snyder: Wmt a m~nute. Robert Mdler: Aren't you at the comer of Newtown and the Boulevard? Fred Snyder: That's the RV dealership. We have cars right across the street. Th~s ~s the VEPCO right-of-way, we're right here, this property right here. We also have th~s place down here where we sell the W~nnebagos and motor homes. Ronald R~pley: Thank you very much. Fred Snyder: Yes s~r. Ronald R~pley: Okay, do we have anybody else to speak agmnst th~s? Robert Mdler. Nobody else s~gned up. I Item #13 Goodwill Industries of Hampton Roads, Inc. Page 9 Ronald Rlpley: Alnght. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chmrman. First of all, we've had very race conversations with Mr. John Sherlock and Ms Nomsh outside. The first thing that I want to point out is that they're aware of and they're not condemning, to the contrary, that the cut through traffic that they're experiencing and the issues that they have with regard to homeless individuals has nothing to do with Goodwill. In fact, Goodwill has also concern with both the cut through traffic aspect and the vagrancy that might be lmtenng or causing problems in the area. We certainly have no problem and will post "No Trespassing' signs. We'll put up the fence. We'll be talking to the appropriate folks at Dominion Vlrglma Power as tying in the fencing. I want to point out that some of the cut through traffic is there's a Race Trac up here and that's the destination for people who may be cutting through for that Race Trac convemence store up here on the Boulevard next to this property. I can certainly appreciate the concerns in that regard and I think we will solve that problem for the community. Again, Goodwill Industries and their chentele in terms of selling donated items. Their clientele are handicapped challenged people. This is not a homeless issue, as far as Goodwill is concerned. That's not their clientele. The vehicles that are sold are vehicles that are given to Goodwdl as charitable donations and sold and raise money for their good works. They're not buying and selling vehicles for a profit and I don't think there's any comparison or any reasonable comparison anyway. I think you know, I'm confident, are all famdlar with all the good works that Goodwill Industries does in our community and throughout the United States. And will be happy to interview or want any more lnformanon on that to communicate with you directly. So, the land-use issue, I think it's an appropriate land use. And, the condmons that are recommended are acceptable and we are certainly willing to and wall discuss this with City Council to get answers on whether we can attach fences on either side. I'm confident we will be able to do that and accomphsh that. Ronald Pdpley: Okay. Dot, you have a question? Dorothy Wood: Mr. Bourdon, if you could not attach the fences and I certainly hope you do, I wonder if you could have some type of security in the back that would help the neighborhood. I think Goodwill is such a great orgamzatlon and what they do is wonderful. I'm sure they're going to be working with Eggleston Services and some other groups but I also understand the neighbors' concerns. Eddie Bourdon: Sure. We're very sympathetic and we're going and John has been communicating and I'm quite confident they will be an excellent neighbor to the folks back on Elam Avenue and the neighborhood. One of the th~ngs that we're going to do is there will be a gate across here. It will be a portable gate Obviously, we need th~s area to be secure as well. But, we certainly can either have security. What I really anticipate is I don't think we'll have any problem getting the okays to tie in on either side but what we can also do is basically put up a monument of some sort, a brick pillar of some sort that blocks off any abd~ty to get between our fence and the fences on either side. And, I'm confident we'll be able to accomplish that. That's what they've asked us to do and i I Item #13 Goodwill Industries of Hampton Roads, Inc. Page 10 readily agree that we would do that but it's a parking lot now. And, essentially that all that this is for is to be continually used as a parking lot. But, there will be vehicles sold there and vehicles that will be hand washed there. But beyond that there's no difference. Dorothy Wood: Thank you. Ronald Pdpley: Gene. Eugene Crabtree: One of the neighbors addressed, I think of lighting and extra lighting for security. How does your plan for hghtang the parking lot and will the lights reflect inward so that they would not disturb the neighbors? Eddie Bourdon: I do not believe that we are planning on doing any additional lighting to the parking beyond that of which as there. If the neighbors want additional lighting, we certainly can work with them to provide additional hghtang and there is a condition that addresses that an the staff recommendation, which we will obviously comply with in terms of making sure that any hghtang as shielded so there is no glare on the adjacent properties. We are benefited in this case by the fact that there is a significant buffer between the parking lot and the adjacent neighborhood that is a large measure and there as landscaping or there's natural vegetation an there, which has some pluses and minuses Lighting, I don't thank we will have a problem. Again, Goodwill is not like Ken Hall where we got a huge investment of capital in new vehicles. They're not junk vehicles but they're vehicles that are given to Goodwill and then Goodwill will be selling them. We don't want them to be damaged so we will be secure but we're also not in a situation where we're going to have at lit up to light the night skies and it's not necessary. The hours of operation are not such that we were not looking at a lot of nighttime activity. Ronald Rlpley: Are there any other comments? Oh, I'm sorry, I think Will was next and then Dot. William Din: Eddie, can you address, is there any additional security going to be placed an here and I guess part of the lighting as going to be directed into. Is there hghtang already an that lot going into that lot? Eddie Bourdon: There is hghtlng behind the building. It's not real slgmficant amount of hghtlng. There may need to be if the community is desirous and we wall certainly work wlth them to add some additional lighting. I did not hear that communicated to us outside but we will continue to have dialogue with them. We're not anticipating adding lighting. I haven't heard that from them as being an issue one way or the other but when we get done today we'll discuss that. William Din: You have the additional vehicles in there? Are you going to have guards or security in that area? Eddie Bourdon: I certainly wouldn't rule it out. We want the area to be secure. We have Item #13 Goodwill Industries of Hampton Roads, Inc. Page 11 something at stake obviously Goodwill has something at stake. If there are problems that develop then that is certainly one of the avenues that we would have to look into. At this juncture though we don't know if that's going to be a problem. Once we put in these structural bamers to people cutting through I don't know that you're going to have a situation that necessitates additional security. William Din: What about on the side of the building to secure the lot from access, you know after hours when the building is not occupied or open? Eddie Bourdon: That is what I was mentioning before and maybe I wasn't very clear. We will be placing a portable gate in this drive aisle so the rear of the lot when the business ~s not open will not be accessible. In addition to be blocked off here, it's going to be blocked off here as well. William Din: My final question, I guess for me is Mr Snyder raised a point here and I wasn't aware of that because of the Goodwdl non-profit status are they exempt from bus~ness license for selling cars or anything? This is just a Conditional Use for a car. Do they have a special exemption? I'm not sure to whom I'm addressing th~s that doesn't require them to do the same thing as another car lot. John Morgan: Yes sir. We're a 501C3 Organization so we're exempt from taxes. William Din: And other permits? John Morgan: And other permits. Yes sir. William D~n: If you say so. Ronald Rlpley: It's always a conflict with private enterprise and non-profits. That's not a new issue. That's always the case. Eddie, what do you mean by a portable gate? What is a portable gate? Eddie Bourdon: It's a gate on wheels and you pull it back when it's open. Ronald Rlpley: Is ~t fixed to one side? Eddie Bourdon: Correct. Ronald Pdpley: By providing a blt of security, I mean that throws a different light to me on the number of cars that would be allowed in the back. Now it becomes a dedicated use more less as opposed to a use that would be promd~ng parking for people coming there to use the facility. Eddie Bourdon: You just roll the gate out and it blocks off the back when the business is closing. You roll it open in the morning. Item #13 Goodwill Industries of Hampton Roads, Inc. Page 12 Ronald Rlpley: Lock it up? Eddie Bourdon: It's not a major. Ronald Ripley: Is it chain link or something? Is that something that you're looking for? The city is looking for a chain llnk? Carolyn Smith: I think that far off of Virginia Beach Boulevard that's fine. Eddie Bourdon. It will just be for the back half of the building. You will just control access in and out when the business was closed. Ronald Pdpley: Don, did you have a question? Donald Horsley: Yeah. Will kind of hit on it and that's the concern that Mr. Snyder had about being in competition. It's kind of an unfair situation but can you address it? Give me an idea of the value of the normal cars that you all will get. John Morgan: Boy, that's tough. They range from anywhere from scrap value up to and we receive Mercedes, Jaguars that we were selling for 3,500-4,000 dollars. It depends and these are unsolicited donations. Just people, like our charity and they know we can use them to fund our employee training programs. Donald Horsley: I can see and I haven't really thought about but I was more concerned about the homeless deal until Mr. Snyder came up and he's directly across the street and you'll be in direct competition with him He's got an unfair advantage if he's got all these other added expenses. But, I'm thinking that maybe and you can correct me if I'm wrong that the caliber of vehicle quahty that you've got may not... John Morgan: A majority of the vehicles that people are donating to us because they can get a larger tax write off then they can a trade in value when they buy a new car. And, a lot of them are bought by used car dealers and resold. Donald Horsley: So maybe Mr. Snyder can get a deal from you. John Morgan: I'm sure he could. Ronald Rlpley: Mr. Morgan, do you have a backlog? Where are you keeping these cars now? John Morgan: Pdght now, we have Motor's Auction Group for picking them up and auctioning them for us. We used to sell them but like I said we're getting such a volume in and in order to comply with State laws we needed to find a facility that we could apply for a dealership hcense. Ronald Rlpley: Why do you th~nk you 90 spaces? It seemed like a lot to us. You got Item #13 Goodwill Industries of Hampton Roads, Inc. Page 13 about 95 spaces back there and you're going to devote it all to this, basically. Is that the intent? John Morgan: We would like to promote this. A lot of Goodwdls across the country do a very good business in used automobiles and it contributes greatly to the employee training programs. Right now, we are not promoting this at all. We're just getting unsohclted donation of vehicles and we would hke to start this as a side business and actually promote and try to get the good vehicles to get this going to add revenues. Hopefully, the number of vehicles will range. Ronald Rlpley: I understand the motivation. My question is 90, is that a number that you've got to have or is that something you just came up with? John Morgan: We wouldn't have to have as many auctions if we could keep a few more out there and have a bigger selection. If we were hm~ted to 20-30, we would have to move them and probably have to have more auctions. Eddie Bourdon: That decision Mr. Ripley, in terms of the number of vehicles. We're certainly not going to be having that many vehicles there initially. And, we've got to go to the Board of Zoning Appeals for a variance to have more than 28 vehicles back there. I think everybody that's looked at this recognizes that the need for parking for this facility is nowhere near 163 parking spaces. So, whether at the Board of Zoning Appeals we wind up with a variance to allow 50 or 60 versus 90, any of those things are posslbdltles. The Goodwill Industries has just moved into the building in the last few months so we've got the ability to monitor the need for parking and traffic generation and the expectation from other sites is that we will not need the parking ~n the back. And, we don't expect that there will be 90 vehicles in the back other than occasionally. And, if the Board of Zoning Appeals and Zoning Department reduces that amount we can live with a lesser amount. Again, it's parking the vehicles and I don't think there's an issue there In terms of the land use other than if it creates a situation where there is not enough parking. But beyond that, It's a parking lot already. Ronald Rlpley: Charhe rinsed a pretty good question. I don't know but I'll ask the City Attorney that when you issue the Conditional Use Permit it's got to run with the land and it's going to continue to run with the land and I think the responsibility of the staff was a good response. They feel it's an appropriate use. But, is there any mechanism if that use was to stop to convert it back other than voluntary conversion by the applicant? Kay Wilson: That is what would have to happen. The applicant would have to come in and get nd of the permit. It doesn't happen often, ever. Eddie Bourdon. There are a couple of things. The conditions that are attached to this application are such that any dealership wouldn't and they would have to ask that the conditions be modified, again, that no work on vehicles at all. The only washing that can take place is by hand. You've got no vehicle display. I think there is a con&t~on that if it Item #13 Goodwill Industries of Hampton Roads, Inc. Page 14 isn't you can certainly put in there. In front of the building because the front isn't to be used for vehicle display and the dealer would want that. This property is so large and so valuable your typical used car dealership isn't going to buy it, afford it. It's got a huge retail building on it so the only possibility from that perspective is a new car dealership and they couldn't live with these conditions and they probably wouldn't live that large building on the site either. So, I think you got it covered practically anyway you cut it. If you want to add additional conditions that address that is something that we'll certainly listen to but this isn't going to open the door to Checkered Flag or Hall Honda moving in, that's for sure and not with these conditions. Ronald Rlpley: Okay. Are there any other comments? Dorothy Wood: Mr. Chairman, I would like to make a motion that we approve Item #13, Goodwill Industries of Hampton Roads. I have great admiration for what Goodwill does and with the added security I think they'll be good neighbors. Ronald Rlpley: So a motion to approve with these twelve conditions. Dorothy Wood: Yes sir. Ronald Pdpley: Do I have a second? Seconded by Kathy Katsias. Is there any discussion? Charhe Salle': I did raise the issue about the Use Permit running with the land. And, staff seems confident that even if this turned into a commercial lot it would be an appropriate use. I still have some concerns in terms of the variance. I'm not sure but it's a variance that is subsequently granted that's going to run with the land. In addition to the Use Permit and I'm not sure if you got this type of facility that can turn into something else in the future but the retail use being reestablished other than Goodwill and then having the used car facility too, so that's for the Board of Zoning Appeals and I hope they pay particular attention to that issue. And, I think and I guess in terms of competition and that's not an issue that we normally deal with. We deal with the land use issues and although I'm not sure that the applicant was correct in terms of being exempt from all these permits and licenses. I mean, certainly not exempt from this process and obviously if DMV is requmng them to get permits so to a certain extent they are going to be regulated like any other car dealer, I think. As far as taxes go, I guess they're not paying them but I presume they're saving us taxpayers some money in the work that they do. So, it all balances out. Ronald Rlpley: Are there any other comments? Donald Horsley: Along with what Charhe says, the only way that I think we could protect ourselves with the Use Permit would be put a time limit where it could be administratively reviewed every year. And if it ever did change hands the administration Item #13 Goodwill Industries of Hampton Roads, Inc Page 15 could take care of that immediately. That is the only way that I see. Kay, would that a way that could be taken care of?. Kay Wilson: You could put in a condition that would be administratively reviewed yearly. We've done that with many other uses. Donald Horsley: And, then if it ever did change hands. Kay Wilson: They could be back before you. Donald Horsley: I don't know if the Commission would like to add that condition or not but that's the only way that I see that it could be done. Ronald Rlpley: I think that might be a good idea. I think the way I understood the minimum parking was established or computed is basically different types of uses within the building. Is that correct? That's correct? Obviously, if those uses were to change radically the need for parking might change radically also, so I think that's very appropriate. Kay Wilson: It would also give the neighborhood maybe perhaps some comfort in knowing that it is going to be reviewed in a year. Ronald Rlpley: I thlnk SO also. Donald Horsley: I don't think the apphcant would have a problem with that. We're doing it to protect them down the road. Ronald Rlpley: I think Dot wants to add that. Dorothy Wood: I'd like to add that to my motion. Who seconded it? Kathy. Ronald Rlpley: Kathy? Kathy Katslas accepts this as a second. Eddie Bourdon: The applicant will accept that condition and Mr. Salle's comment is accurate as well. I'm sure the Board of Zoning Appeals is going to put a condition on the variance as well. Ronald Rlpley: Are there any other comments? So, we're going to vote on the amended motion, I guess. Donald Horsley: The fence details are in the conditions. Ronald Rlpley: Yes it 1S. So, we'll call for the question. Item #13 Goodwill Industries of Hampton Roads, Inc. Page 16 AYE 11 NAY 0 ABS 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. ABSENT 0 ~a~, C-~ to Scale Goodwill Industries of Ham Inc. CUP for Motor Vehicle Sales ZONING HISTORY 1. 3-13-02 Conditional Use Permit (small engine repair) - Granted 10-26-99 Conditional Use Permit (auto rental)- Granted 2. 5-9-00 Conditional Use Permit (church)- Granted 3 5-14-96 Conditional Use Permit (auto sales and storage) - Granted 9-17-91 Conditional Use Permit (rehab center) - Granted 4 1-9-96 Conditional Use Permit (indoor recreational facility) - Granted o 12-12-95 Conditional Use Permit (motor vehicle sales) - Granted Change of Zoning (R-7.5 Residential District to B-2 Community Business District )- Granted 6. 11-14-95 Conditional Use Permit (fuel sales)- Granted 4-13-93 Change of Zoning (R-7.5 Residential District to B-2 Community Business District) - Granted 4-13-93 Conditional Use Permit (mini warehouse) - Granted 7. 7-6-93 Conditional Use Permit (truck rentals) - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WDR Properties, Inc. - Conditional Use Permit (motor vehicle sales and rental) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Apphcabon of WDR Properties, Inc. for a Condibonal Use Permit for motor vehicle sales and rental on property located at 5657 Shore Drive (GPIN 1469176314). DISTRICT 4- BAYSIDE Considerations: A vacant Exxon Gasoline Station occupies the site. The site is zoned B-2 Business. The site is mostly impervious with budding, asphalt and concrete Unkempt landscaping exists along Shore Drive and D~amond Spnngs Road. The apphcant desires to operate a motor vehicle sales establishment on the property. The applicant proposes to remove the canopy over the former pump area and paint the building. The applicant also proposes to close the entrances closest to the intersecbon of Shore Dr~ve and Diamond Spnngs Road, and landscape the perimeter of the s~te. The hours of operabon w~ll be 9:00am to 9'00pm. Monday through Saturday, and 12.00pm to 5:00pm on Sunday. The applicant plans to employ six to eight associates. While the site is not located w~thin the Shore Drive Corridor Overlay D~str~ct and ~s not subject to the Shore Drive Design Gu~dehnes, commercial uses and expansions in this area should try to integrate as many of the suggestions and requirements outlined in the Guidehnes The apphcant volunteered several ~mprovements and has been very amenable to staff suggesbons for other ~mprovements on the site. Staff has incorporated several recommendations of the Shore Drive Design Guidelines into the following conditions to help ~mprove the appearance of the s~te. The Planning Commission placed this ~tem on the consent agenda because the proposal ~s compatible w~th surrounding land uses. Staff recommended approval There was no opposition to the request. WDR Properbes Page 2 of 3 · Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve this request with the following conditions. The apphcant shall submit a site plan for review and approval to the Department of Planning / Development Services Center before occupancy of the s~te or obtaining a business license. , The applicant shall eliminate the two ex~sting curb cuts, one on Shore Drive and one on Diamond Spnngs Road that are located closest to the intersecbon of Shore Drive and D~amond Springs Road. . The site shall be improved with required street frontage landscaping and foundation planting as required in the S~te Plan Ordinance, Section 5A. The applicant shall use plants specified ~n the Shore Drive Corridor Plan Appendices for the street frontage and foundabon screening. Category IV Screening shall be required along the eastern and southern property lines. . The applicant shall remove the ex~sbng canopy. The applIcant shall install a parapet, no less than 24 inches in height, to shield any roof top equipment from the rights-of-ways, if necessary. The building shall be painted an earth tone or neutral color. The building trim and accents may be painted w~th a primary color that the applicant uses with his bus~ness. Awnings or canopies shall be installed over the storefront windows and the main entry doors. The applicant shall submit elevations to the Department of Planning / Current Planning D~v~s~on for review and approval. o The site shall be permitted a monument style freestanding s~gn, no more than eight (8) feet in height, and two budding signs, to be approved by the Planning D~rector, in accordance with the City Zoning Ordinance. There shall be no other signs, neon s~gns or neon accents ~nstalled on any wall area of the exterior of the building, windows and / or doors, hght poles, or any other portion of the s~te. 6. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the s~te or the vehicles. 7. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. No vehicles shall be d~splayed on ramps Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awa~bng sale shall not obstruct fire department access to the s~te 8 No outside paging system shall be permitted. WDR Properties Page 3 of 3 All outdoor I~ghting shall be shielded to d~rect light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Outdoor hghbng fixtures shall not be erected any higher than 14 feet. 10. Hours of operation shall be between 9:00am and 9.00pm, Monday through Saturday, and 12.00pm and 5 00pm on Sunday. · Attachments: Staff Review Disclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department~ City Manager~ ~---~~ WDR PROPERTIES, INC./# 14 October 8, 2003 General Information: APPLICATION NUMBER: C03-210-CUP-2003 REQUEST: Conditional Use Permit for Motor Vehicle Sales and Rental ADDRESS: 5657 Shore Drive Map C-$ Ho Not Scoie WDR CUP Motor Vehzcle Sales & Rental GPIN: ELECTION DISTRICT: 14691763140000 4 - BAYSIDE SITE SIZE: 38,491 square feet Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC./# 14 Page 1 STAFF PLANNER: PURPOSE: Faith Chrisbe To redevelop the s~te from a vacant gasoline station into a motor vehicle sales and rental establishment. Major Issues: · Compabbd~ty with the surrounding area. · Consistency with the recommendabons of the Comprehensive Plan. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zonin,q A vacant Exxon Gasoline Station occupies the site. The s~te is zoned B-2 Bus~ness. Surroundinq Land Use and Zonin,q North: South: East: West: · Shore Drive · Across Shore Drive is the United States Navy L~ttle Creek Amphibious Base · Multiple-famdy dwellings / A-24 Apartment · Multiple-family dwellings / A-24 Apartment · Diamond Springs Road · Across Diamond Spnngs Road is a Restaurant and Multiple-family dwellings / B-2 Bus~ness and A-24 Apartment Zoning History Until 1973, the site was zoned General Commercial District (C-G 2). A Conditional Use Permit for a gasoline supply stabon was approved in December 1969 for the site The gasohne station was constructed ~n 1970. The stabon has been closed for several years. The underground storage tanks were removed from the s~te ~n August 2001 Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. / # 14 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 There ~s a 12-~nch water main in Shore Drive and a ten-inch water main ~n Diamond Springs Road. The site must connect to C~ty water A 24-inch sanitary sewer force ma~n exists in Shore Drive and a 20-inch sanitary sewer force ma~n exists in D~amond Spnngs Road. The applicant must consult w~th Hampton Roads Sanitabon D~strict concerning connecbon to the force mains Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP): Shore Drive ~n front of this s~te is a four lane diwded m~nor suburban arterial. There ~s a Capital Improvement Program project (CIP #2-285.086) currently ~n the design phase for the intersecbon of Shore Drive and D~amond Spnngs Road. The plan calls for the entrances closest to the intersection on both Shore Drive and D~amond Springs Road to be closed. The project ~s expected to commence at the beginning of 2004. The apphcant volunteered that these two entrances would be closed. Staff suggests that the applicant contact the Public Works Department concerning the entrance closures. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Shore Dr~ve 29,000 28,200 ADT ~ ADT ~ Ex~stmg Land Use 2_ 1,302 D~amond Springs Road 27,000 28,200 ADT ~ Proposed Land Use 3.32 ADT ~ Average Daily Trips 2 as defined by Gasohne Station w~th a Convenience Store 3 as defined by Motor Vehicle Sales Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. / # 14 Page 3 Public Safety Police: · In an effort to reduce opportunity for crime, the applicant should rewew and incorporate safety by design concepts and (design) strategies contained in the CVB Planning Department's, "Crime Prevention Through Environmental Design - General Guidelines for Designing Safer Communities" booklet A copy of this booklet can be obtained by contacbng either the Planning Department or the Police Departments Crime Prevenbon Unit. · All I~ghting on the s~te should be consistent with those standards recommended by the Illuminabon Engineering Society of North America (IESNA) along with requirements of the CVB lighting ordinance · To avoid a design conflict between hght~ng and landscaping, landscape species selection, ~ts location, and ~ts proJected growth are ~mportant to consider as it pertains to the desired lighting effect. · Where lighbng fixtures are installed along streets, in parking areas, or on the building for ~llumination purposes, all fixtures should be of appropriate height and design as to prevent any direct reflection and/or glare toward adjacent uses and city streets. Lighting should be d~rected down at the ground, and not out horizontally or up ~n the a~r Fire and Rescue: · F~re hydrants must be w~thin 400 feet of a commercial structure. · Fire lanes may be required after occupancy of the site. Storage of vehicles awa~bng sale must not obstruct fire department access to the site. · Vehicles must not be used as barriers to prevent regress and egress of the s~te Security for ~ngress and egress must be approved by the Fire Marshall to insure that fire department access is not obstructed. Gated s~tes must prowde for fire department access using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. · Storage of hazardous, flammable or combusbble Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. / # 14 Page 4 materials on site must be w~thin the scope of the Virginia Statewide F~re Prevention Code and NFPA A Certificate of Occupancy ~s required before occupying the building. F~re code permits may be required at the time of occupancy. The apphcant should contact the Fire Department for further informabon Comprehensive Plan The Comprehensive Plan designates this area as suitable for retail, service, office and compabble uses in commercial centers serving the surrounding neighborhoods. The Land Use Plan Policies and Map designation for th~s port~on of the Bays~de Planning Area support commercial use of this s~te provided the use does not compromise the character, integrity, and quality of I~fe of the abutbng residential areas. Summary of Proposal Proposal · The applicant requests a Conditional Use Permit for Motor Vehicle Sales and Rental. A vacant Exxon Service Station occupies the s~te The apphcant proposes to remove the canopy over the former pump area and paint the budding. The apphcant also proposes to close the entrances closest to the intersecbon of Shore Drive and Diamond Springs Road, and landscape the perimeter of the s~te. The hours of operation will be 9:00am to 9'00pm. Monday through Saturday, and 12.00pm to 5.00pm on Sunday. The apphcant plans to employ six to e~ght associates Site Des i,qn The applicant did not submit a concept plan for the site. A detailed s~te plan submitted to the Development Services Center of the Planning Department for rewew and approval w~ll be required before the applicant may occupy the site. The proposed site plan shall depict all the parking and d~splay areas, landscaping, and the elimination of the entrances closest to the ~ntersection, and the removal of the canopy. The site has been vacant for several years. A vacant Exxon Service Station and convenience store occupies the s~te. The site is mostly imperwous with budding, asphalt and concrete. Unkempt landscaping exists along Shore Drive and D~amond Spnngs Road. Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. / # 14 Page 5 Vehicular and Pedestrian Access · There are four vehicular accesses to the site. The apphcant has volunteered the elimination of two of the accesses that are located closet to the ~ntersection of Shore Drive and D~amond Springs Road. This voluntary ~mprovement is consistent with a Capital Improvement Program project slated to commence ~n the beginning of 2004 that calls for the elim~nabon of these two access points. · Sidewalks ex~st along both rights-of-ways. Architectural Desiqn · The existing building is a typical Exxon Convenience Store design. The applicant has agreed to remove the canopy and paint the budding in neutral or earth tone colors. Landscape and Open Space · The existing landscaping ~s unkempt, but appears to be healthy. The applicant volunteered that he would landscape the enbre perimeter of the site. Evaluation of Request The request for a Conditional Use Permit for Motor Vehicle Sales and Rental is acceptable subject to the cond~bons below. The request ~s compabble w~th the surrounding uses, and compl~es w~th the recommendations of the Comprehensive Plan Map for the area. While the site is not located within the Shore Drive Corridor Overlay D~stnct and is not subject to the Shore Drive Design Guidelines, commercial uses and expansions in this area should try to integrate as many of the suggestions and requirements outlined ~n the Guidelines. The applicant volunteered several improvements and has been very amenable to staff suggestions for other improvements on the s~te The apphcant proposes the removal of the canopy, painting the budding, improving the landscaping, and eliminabng two of four access points to the site. Staff has incorporated several recommendations of the Shore Drive Design Guidelines ~nto the following condibons to help ~mprove the appearance of the s~te Staff recommends approval of the request for a Cond~bonal Use Permit for Motor Vehicle Sales subject to the following conditions. Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC./# 14 Page 6 Conditions . The applicant shall submit a site plan for review and approval to the Department of Planning / Development Services Center before any development actiwty occurs on the site The proposed site plan shall clearly depict the customer and employee parking and vehicle d~splay areas and the proposed landscaping. No business license shall be approved unbl said site plan ~s reviewed and approved and a Certificate of Occupancy has been issued for the s~te. , The applicant shall eliminate the two ex~sting curb cuts, one on Shore Drive and one on Diamond Springs Road that are located closest to the ~ntersection of Shore Drive and Diamond Springs Road. . The site shall be improved with required street frontage landscaping and foundabon planting as required m the Site Plan Ordinance, Section 5A. The applicant shall use plants specified in the Shore Drive Corridor Plan Appendices for the street frontage and foundabon screening. Category IV Screening shall be required along the eastern and southern property lines. . The applicant shall remove the ex~sting canopy. The applicant shall install a parapet, no less than 24 ~nches in height, to shield any roof top equipment from the rights-of-ways, ~f necessary. The building shall be painted an earth tone or neutral color The building trim and accents may be painted w~th a primary color that the applicant uses w~th h~s business. Awnings or canopies shall be installed over the storefront windows and the ma~n entry doors. The applicant shall submit elevations to the Department of Planning / Current Planning D~vision for review and approval. o The site shall be permitted a monument style freestanding sign, no more than eight (8) feet in height, and two building signs, to be approved by the Planning Director, in accordance w~th the C~ty Zoning Ordinance. There shall be no other signs, neon s~gns or neon accents ~nstalled on any wall area of the exterior of the budding, windows and / or doors, light poles, or any other port~on of the site. 6. There shall be no pennants, streamers, balloons, portable s~gns or banners displayed on the s~te or the vehicles. . Vehicles shall be parked within the designated areas, and no vehicles shall be parked w~th~n any port~on of the public right-of-way No vehicles shall be displayed on ramps Vehicles shall not be used as barriers to prevent ~ngress or Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. / # 14 Page 7 egress of the site. Storage of vehicles awaibng sale shall not obstruct fire department access to the site 8. No outside paging system shall be permitted. 9. All outdoor lighting shall be shielded to d~rect light and glare onto the premises; sa~d lighting and glare shall be deflected, shaded, and focused away from adjoining property Outdoor hghting fixtures shall not be erected any h~gher than 14 feet. 10. Hours of operabon shall be between 9:00am and 9:00pm, Monday through Saturday, and 12:00pm and 5 00pm on Sunday. 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 October 8, 2003 WDR PROPERTIES, INC./# 14 Page 8 / i-- Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. / # 14 Page 9 p~ ~Y p,~Nlr Sm~U~ LEGr:~D E~NE C. HARRI~N AND Ei_IZAB~ M. (MAP BOOK 82 A T PACE 29) VIRGINIA BEACH, VIRGINIA JUL Y 21, 2003 SCALE: 1'=40' EXCLUStt~EL Y FOR WILLIAM DA VID ROBINSON PRCLIECT NO B747 DRAtMNG NO: 12647 iiii i .. r ii uii ALPHATEC . · ....... iiii i iii i i _ iii r i i iiiii .............. Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. I # 14 Page 10 APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporabon below: (Attach list if necessary) W~tl~am D. "Charl~e" Robinson, President and Secretary If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organtzat~on below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. ff 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 Corporation below: (A~ttach 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) Z I-I Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: ! Certify that the information contained herein is true and accurate. I understand that, upon recetpt of notification (postcard) that the application has been scheduled for pubhc headng, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public headng according to the instructions in this package. WUR Properties, Inc. Applicant's Signature EXXON Mob~l Foundation Property Owner's S~gnature (if different than applicant) ..... I II ....... .,,, ,. ::: / [ I II [ = . I II Condlhonal Use Permit Applmabon Page 10 of 10 Rewsed 7/1/2003 W~,l%%am D. Robinson, Preslder Print Name Print Name III II JlJj!l I I I[ I I II . J [ ,,, I Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC. / # 14 Page 11 If the appfieant ~s ~ CORPORA?ION, ~ all ~ If m ~pl~nt ~ a P~N~, ~. or ~~N~~N, 1~ ~1 mem~ ~ p~~ in _':: _ ~ -... ............... ,, ~~~ hem ~ ~ a~~ ~ NOT a ~~, ~~. unin~~~ o~an~on. P~P~ ~R ~8C~SU~ ~g~~~. I~ all me. em or ~~ SEE A'rrACHED LIST -'_ ..... :k __:~ ....................... ~ '" "' ~'-' ~T .~ -~" , ~ : .... ~_ -.. . _ ~ _ ,, . _ , ,, . - ~ Ch~ hem ~ ~e p~ ~er ~ N~ a untn~~ o~n~on., ~C~FIGATiDN: i ~ mat the inlbrmatkm contained I u~e~ m~ u~ ~~ ~ ~~n (~) ~ ~~~~ I~. iiiiii ~11 II ii - - - I I .......... -- , ,. C~U~~ Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC./# 14 Page 12 I II iiii i IlL ii III I1 i i ii j * i I i i data tn report -- Trustee Ye~ Tnis~ .......... ~,o,~/~oo,~ ,,, Yes ' 0~.. ,/0:1,~21301 "":- --'" "l "' II ii ..... ii i II ................... TrUstee Yes ~.1/,30~a .... V " ' ' ' . iii ii '~: IIIi ,, ,~ ....... - ..... - Trustee, Yes ,, 0,S,/~S/ZgSe " "', .... [ ...... ii j: I - I i I i._'" ii · lin II n .llJlI i lIE_ B[I . i i III II i I II __ -- i i ~ ii ,H, iSto~ J Acld 1 ~1~ .... II , I I i, ,, ~,, i I I I II II I IIII I__ I i i i i , i ,,, , , ~. .... .... ~x~v, ~,~'cP; ' - ' ...... '"!'~' I President Secretary Treasurer i I I Controller Assistant Secretary Assistant Treasurer i I1.. u l I I Assist~.[~t ~Ontr~!.!ar,, 12/07/1999 _ :3.~.IO3/2ooo I Itl ii ~ o~/z~/2oo~ .. i i Hi ~111 ii IIII i ii III 02/02/2003 j j . i ' , I . , II 0~/2~/2002 J NIII .,Ii n, ,, II . i i i ... 1 ..... ..... ........... Ht ~dd ..... ...~ ~tn'//hoew ../company director officer asp?MODULE-Company~NTITY--11017&ID=31~ ?/~ 1/03 Planning Commission Agenda October 8, 2003 WDR PROPERTIES, INC./# 14 Page 13 Item # 14 WDR Properties, Inc. Conditional Use Permit 5657 Shore Drive District 4 Bayslde October 8, 2003 CONSENT Dorothy Wood: The next item is Item #14, WDR Properties, which ~s an Ordinance upon Application of WDR Propemes for a Condmonal Use Permit for motor vehicle sales and rental on property located on Shore Drive with ten conditions. Th~s ~s ~n the Bays~de District. Yes sir. Eddie Bourdon: Thank you again. Eddie Bourdon, a Virginia Beach attorney, representing the apphcant, and Mr. Robinson is also here. We are In complete concurrence with all the conditions and putting the shght rewording that took place to Condition #1, that was our understanding all along that affording development that could take place, there would have to be a s~te plan, and it is all submitted. All the condmons that have been recommended to you are acceptable. Dorothy Wood: Thank you Mr. Bourdon. Is there any opposition to Item # 14, WDR Properties, which is an apphcatlon for a Conditional Use Permit for motor vehicle sales on Shore Drive w~th ten conditions? Heanng no opposition, again, I will ask Mr. Salle' to explain the Planning Commission's decision. Charhe Salle': Again, this ~s a Conditional Use Permit at the intersection of Shore Drive and Diamond Spnngs Road for motor vehicle sales. We felt the major issues were compatibihty w~th the surrounding area and the consistency of the project with the recommendation of Comprehensive Plan. We felt that the apphcatlon is compatible with the surrounding uses and does comply with the Comprehensive Plan. Whale the site ~s not located w~than the Shore Drive Corridor Overlay District, the apphcant has agreed to a number of improvements, which would comply with those regulations. The site has an abandoned service station located on ~t now, and we feel that with the landscaping and change of that structure and improvement in the traffic conditions that this will be a value to the area, and we feel like it should be recommended for approval. Dorothy Wood: Thank you. Hearing no opposition. Mr. Rlpley, I would move to approve thru item on the consent agenda, which is Item #14. Thru is WDR Propemes, an ordinance upon apphcat~on of WDR Properties for a Conditional Use Permit for motor vehicle sales and rental on property located on Shore Drive in the Bayslde District with ten condmons. Number one has changed since the pnntlng of the agenda. Ronald R~pley: We have a motion Do I have a second? Gene Crabtree has seconded Is there any discussion on the motion? Hearing none, we'll 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. Ma Not to Scale WDR Pro B~' 2 LAKE WHITEHURST CUP Motor Feh~cle Sales & Rental ZONING HISTORY 1. 12-8-69 - Conditional Use Permit (Gasoline Supply Station) - Approved 2 4-11-83 -- Conditional Use Permit (Min~ Warehouses) - Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Craig Wyne - Conditional Use Permit (motor vehicle sales) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of Craig Wyne for a Conditional Use Permit for motor vehicle sales on property located on the north side of Virginia Beach Boulevard, beginning at a point 50 feet east of Lavender Lane (GPIN 1477152473) DISTRICT 4- BAYSIDE Considerations: The applicant w~shes to obtain a Condibonal Use Permit in order to develop the site into a Motor Vehicle Sales establishment. The submitted prehminary site plan depicts a proposed 3,463 square foot building, associated parking and display areas, and m~n~mal landscaping The proposed building will be an improvement in the immediate area. Landscaping issues will be addressed through the following conditions and detailed site plan rewew. The s~te is situated between a nonconforming motor vehicle sales estabhshment and a bre sales establishment. The proposed use is compabble w~th the surrounding uses. The request complies w~th the recommendabons of the Comprehensive Plan Map for the general area. The Planning Commission placed this ~tem on the consent agenda because it ~s compabble with surrounding uses and would be an improvement in the ~mmediate 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 this request w~th the following cond~bons: The s~te shall be developed in substantial conformance with the submitted exhibit "Auto Source", prepared by PHRA. Sa~d plan has been exhibited to the V~rginia Beach City Council and ~s on file in the C~ty of V~rgin~a Beach Planning Department Craig Wyne Page 2 of 3 , The building shall be constructed ~n substantial conformance with the submitted elevation btled "Proposed Auto Sales Building for Car Source, V~rg~nia Beach, Virginia". Sa~d elevation has been exhibited to the V~rgin~a Beach City Councd and is on file ~n the C~ty of V~rgin~a Beach Planning Department. The street frontage screening, interior coverage landscaping, and foundation screening shall be ~n conformance with the S~te Plan Ordinance, Section 5A. The applicant shall protect the exisbng 42-inch oak tree during the construction process. If the tree ~s damaged during construcbon or removed from the s~te the applicant shall replace the canopy cover with a m~n~mum of five (5) 2 ~nch to 2-1/2 ~nch caliper trees as specified in the C~ty of V~rg~nia Beach Landscaping Guide for parking lots. Category I screening shall be ~nstalled along the perimeter of the s~te on the north, east and west property hnes . The site shall be permitted a monument style freestanding s~gn, no more than eight (8) feet in height, and two building signs, in accordance with the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents ~nstalled on any wall area of the exterior of the building, windows or doors, light poles, or any other portion of the site. 5. There shall be no pennants, streamers, balloons, portable s~gns or banners displayed on the site or the vehicles. . The site ~s limited to no more than 21 vehicles for display or sale. Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed w~thin any port~on of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the s~te. Storage of vehicles awaiting sale shall not obstruct F~re Department access to the site 7 All automobile detailing shall be performed within the building 8. No outside paging system shall be permitted. All outdoor I~ghting shall be shielded to d~rect I~ght and glare onto the premises; said hghting and glare shall be deflected, shaded, and focused away from adjoining property. Outdoor I~ghbng fixtures shall not be erected any h~gher than 14 feet. · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Locabon Map Craig Wyne Page 3 of 3 Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department~ City Manager: CRAIG WYNE / # 15 October 8, 2003 General Information: APPLICATION NUMBER: E07-214-CUP-2003 REQUEST: Conditional Use Permit for Motor Vehicle Sales ADDRESS: The north s~de of Virginia Beach Boulevard, 50 feet east of Lavender Lane CUP - Motor Vehicle &ale; GPIN' ELECTION DISTRICT: 14771524730000 4 - BAYSIDE Planning Commission Agenda October 8, 2003 CRAIG WYNE I # 15 Page 1 SITE SIZE: STAFF PLANNER: PURPOSE: 0.53 acre (23,087 square feet) Faith Chnstie To obtain a Conditional Use Permit for Motor Vehicle Sales Major Issues: · Compatibility of proposed use with the surrounding area. · Consistency of proposal with the Comprehensive Plan. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The existing site ~s undeveloped and is zoned B-3 Central Business District. Surroundinq Land Use and Zoninq North: South: East: West: · Iceland Skating Rink / B-3 Business D~stnct · Virginia Beach Boulevard · Across Virg~nia Beach Boulevard are eating and drinking estabhshments / B-3 Business District · Family Motors / B-3 Business District · T~re World / B-3 Bus~ness District Zoning History There is no zoning history regarding th~s site. Until 1973 the s~te was zoned C-L 1 L~mited Commercial. W~th the adopbon of the Comprehensive Zoning Ordinance ~n 1973 the s~te was zoned B-3 Central District and remains so zoned Several Conditional Use Permits for motor vehicle sales and service establishments have been approved in the immediate area. The motor vehicle sales and service establishment directly east of this site ~s nonconforming. Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 2 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer There is a 16-~nch water main ~n V~rginia Beach Boulevard. The site must connect to C~ty water. There is an eight-inch grawty sanitary sewer main ~n Lavender Lane. City sewer is available. A private easement may be required to connect to the public gravity sanitary sewer easement. Sewer and pump stabon analysis for pump stabon 353 is required to determine if flows can be accommodated Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): V~rg~nia Beach Boulevard ~n front of th~s site is an e~ght-lane diwded major urban arterial. It is designated on the Master Transportabon Plan as a 150-foot right-of-way d~v~ded facility. There are no plans ~n the current Capital Improvement Project plans to upgrade the roadway Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 49,000 Ex~sbng Land Use z_ 141 V~rg~n~a Beach Boulevard 34,940 ADT ~ ADT ~ Proposed Land Use 3_ 130 Average Dady Tr~ps as defined by specialty retail as defined by the proposed use Public Safety Police: o In an effort to reduce opportunity for crime, the applicant should review and incorporate safety by design concepts and (design) strategies contained in the CVB Planning Department's, "Crime Prevenbon Through Environmental Design - General Guidelines for Designing Safer Commun~bes" booklet. A copy of th~s booklet can be obtained by contacbng e~ther the Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 3 Planning Department or the Police Departments Crime Prevention Unit. All lighting on the site should be consistent with those standards recommended by the Illuminabon Engineering Society of North America (IESNA) along with requirements of the CVB lighting ordinance To avoid a design conflict between hghbng and landscaping, landscape species selecbon, ~ts Iocabon, and ~ts projected growth are ~mportant to consider as it pertains to the desired lighting effect. Where lighting fixtures are installed along streets, ~n parking areas, or on the building for dlum~nabon purposes, all fixtures should be of appropriate height and design as to prevent any d~rect reflection and/or glare toward adjacent uses and c~ty streets. Lighting should be d~rected down at the ground, and not out horizontally or up m the a~r. Fire and Rescue: · F~re hydrants must be within 400 feet of a commercial structure. · Fire lanes may be required after occupancy of the site. Storage of vehicles awaiting sale must not obstruct fire department access to the s~te · Vehicles must not be used as barriers to prevent ingress and egress of the s~te. Security for ingress and egress must be approved by the Fire Marshall to insure that fire department access ~s not obstructed. Gated sites must provide for fire department access using the Knox or Supra key system. Electrically operated gates must have a fa~lsafe operation in the event of a power failure. · Storage of hazardous, flammable or combustible materials on s~te must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. · A Certificate of Occupancy ~s required before occupying the building. Fire code permits may be required at the time of occupancy. The applicant should contact the Fire Department for further information. Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 4 Comprehensive Plan The Comprehensive Plan recognizes th~s area as suitable for retail, service, office and other uses compatible within commercial centers serving surrounding neighborhoods and communities Summary of Proposal Proposal · The applicant wishes to obtain a Conditional Use Permit ~n order to develop the site ~nto a Motor Vehicle Sales establishment The submitted preliminary site plan depicts a proposed 3,463 square foot building, associated parking and display areas, and minimal landscaping Site Desi_qn The submitted preliminary s~te plan depicts the proposed building s~tuated on the western side of the site w~th the parking and display areas on the eastern and northern s~de of the site. F~ve parking pads are depicted ~n front of the proposed building A canopy extends from the front of the building ~nto the front yard area. An automobile detail area ~s proposed ~n the rear of the building. A s~ngle entrance ~s proposed using the ex~tmg concrete entrance to the s~te. An underground best management facility ~s depicted for stormwater management. Vehicular and Pedestrian Access · A single vehicular entrance using the exisbng concrete entrance is proposed. A sidewalk exists along the front of the site Architectural Desi,qn · The submitted elevations depict a single-stow building constructed of and exterior finish system, brick veneer and masonry block. The front of the building wdl be gray finish system, the sides will be coral brick veneer, and the rear of the building wdl be painted masonry block Typical aluminum storefront w~ndows and doors are proposed A partial mansard roof ~s depicted along the front and sides of the budding. A mansard canopy, situated directly ~n the m~ddle of the building, extends from the building 27 feet ~nto the front yard. A Palladian style architectural feature extends over the mansard roof on the front of the building. Planning Commission Agenda October 8, 2003 CRAIG WYNE I # 15 Page 5 Landscape and Open Space · The submitted site plan depicts several islands to be used for landscaping. A 42- inch oak tree on the northern side of the property ~s to be saved and used for interior coverage canopy cover ~n the parking lot. Wh~le the s~te plan depicts a ten-foot street frontage landscape setback no street frontage landscaping is shown ~n the setback. All landscaping issues w~ll be addressed dunng detailed s~te plan review. Evaluation of Request The request for a Conditional Use Permit for Motor Vehicle Sales is acceptable subject to the conditions listed below. The site ~s currently undeveloped, s~tuated between a nonconforming motor vehicle sales establishment and a tire sales establishment. The proposed use ~s compatible w~th the surrounding uses. The request compl~es w~th the recommendations of the Comprehensive Plan Map for the general area. The submitted preliminary site plan depicts a coordinated development in terms of building design and parking layout within the site. Display areas are proposed along the eastern side of the site. F~ve vehicles may be d~splayed on proposed parking pads ~n the front yard. The proposed building will be an ~mprovement ~n the ~mmed~ate area. Landscaping issues w~ll be addressed through the following conditions and detailed site plan rewew. Staff recommends approval of the request for a Conditional Use Permit for Motor Vehicle Sales subject to the following conditions. Conditions , , The site shall be developed in substanbal conformance w~th the submitted exhibit "Auto Source", prepared by PHRA Said plan has been exhibited to the Virginia Beach C~ty Council and is on file ~n the City of Virginia Beach Planning Department. The building shall be constructed in substantial conformance with the submitted elevabon titled "Proposed Auto Sales Building for Car Source, Virginia Beach, V~rginia". Said elevation has been exhibited to the Virginia Beach C~ty Council and ~s on file ~n the C~ty of V~rgin~a Beach Planning Department. Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 6 The street frontage screening, interior coverage landscaping, and foundation screening shall be ~n conformance with the Site Plan Ordinance, Secbon 5A. The applicant shall protect the ex~sting 42-inch oak tree during the construction process. If the tree ~s damaged during construction or removed from the site the applicant shall replace the canopy cover with a minimum of five (5) 2 ~nch to 2- 1/2 ~nch caliper trees as specified in the City of V~rginia Beach Landscaping Guide for parking lots. Category I screening shall be ~nstalled along the perimeter of the s~te on the north, east and west property I~nes. . The s~te shall be permitted a monument style freestanding sign, no more than e~ght (8) feet ~n height, and two building s~gns, in accordance with the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents ~nstalled on any wall area of the exterior of the building, w~ndows or doors, light poles, or any other portion of the site. 5. There shall be no pennants, streamers, balloons, portable s~gns or banners displayed on the site or the vehicles , The site is limited to no more than 21 vehicles for display or sale. Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed w~thin any porbon of the pubhc right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awa~bng sale shall not obstruct F~re Department access to the s~te. 7. All automobile detailing shall be performed w~thin the budding. 8. No outside paging system shall be permitted. , All outdoor lighbng shall be shielded to d~rect light and glare onto the premises; said I~ghting and glare shall be deflected, shaded, and focused away from adjoining property. 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 durino detailed site Dian review to meet all Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 7 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 October 8, 2003 CRAIG WYNE / # 15 Page 8 Planning Commission Agenda October 8, 2003 CRAIG WYNE I # 15 Page 9 Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 10 ~ I)IF..AOH I)OUI. EV~ Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 11 -_:F.I~O 6.;E./'T 'P_ L~',/'AT~ 0 M' Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 12 Planning Commission Agenda October 8, 2003 CRAIG WYNE / # 15 Page 13 DIsc~SURE STATEMENT APPLICANT DISCLOSURE ~ lrr~e applicant is a CORPORATION, list all officers of the Corporatmn below' (Attach If the apphcant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [] Check here rf the applicant is NOT a corporation, partnership, firm, or other unincorporated organization If the applicant Js 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 alt officers of the Corporabon below- (Attach list if necessary) .-ff~the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners in the organization below: (Attach list [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization . ...... '' I, , ~ .... T~ . , ..... ~ ....... I ........... I . . - I I , I1.1 ......... III ........ II ~ ..... CERTIFICATION: I ertl ha he information contained herein is true and acCurate':' I understand that, upon receipt of notificabon (postcard) that the application has been scheduled for p~lic h/eari~0g, i am responsible for obtaining and posting the required sign on the su~ect j~op,e~y at least 30 days prior to the scheduled public bearing accord,ng to i ru ions In this package .... ~¢..,( ~~~~'/. Applicant's Sign~aturff' _ ,.. J , Print Name ~ / P~~ ren tf hah apphcant) Pnnt Name Cond~tmnaf Use Permit apphcahor~ Page 10 of 10 Rewsed 7/1/2003 Planning Commission Agenda October 8, 2003 CRAIG WYNE I # 15 Page 14 Item #15 Craig Wyne Conditional Use Permit North side of Virginia Beach Boulevard District 4 Bayslde October 8, 2003 CONSENT Dorothy Wood: The next item is another car dealership, or car sales. It's for Craig Wyne. It's an Ordinance upon application of Craig Wyne for a Conditional Use Penmt for motor vehicle sales on property located on the north side of Virginia Beach Boulevard east of Lavender Lane. It's in the Bayslde District with nine conditions. Carl Miller: Carl Miller, PHRA representing Mr. Wyne among other things. I've not read the conditions. Dorothy Wood: You've not read the conditions sir? Maybe we can drop this down and let Mr. Wyne read the conditions. Ronald Rlpley: Why don't we do that. Dorothy Wood: Ms. Wilson will help you and then, we'll call you back up at the end. Thank you. Carl Miller: Thank you. LATER Dorothy Wood: Can we go back to Item #15, Craig Wyne. An Ordinance upon Application of Craig Wyne for a Conditional Use Permit for motor vehicle sales on property located on the Virginia Beach Boulevard near Lavender Lane in Bayslde with nine conditions. Yes sir. Carl Miller: Thank you. Carl Miller again with PHRA. After reviewing the conditions, we find them all acceptable. Dorothy Wood: Thank you so much. Is there any opposition to Item #l 5, an ordinance upon application of Craig Wyne for a Conditional Use Permit for motor vehicle sales on property located on the north side of Virginia Beach Boulevard in the Bayslde District with nine conditions? Heanng none, Mr. Salle' would you please explain why the Planning Commission put this one on consent? Charhe Salle': Yes. Again, this is a Conditional Use Permit for motor vehicle sales. We felt the major issues were the capability of the proposed use for the surrounding area and Item # 15 Craig Wyne Page 2 the consistency of the proposal with the Comprehensive Plan. The site ~s currently undeveloped s~tuated between a non-conforming motor vehmle sales estabhshment and a t~re sales estabhshment. The proposed use is compatible with the surrounding uses and the request does comply w~th the recommendation of the Comprehensive Plan for that area. The submitted prehmlnary site plan depicts a coordinated development, ~n terms of building design and parking layout on the site, and the proposed bmld~ng would be an improvement in the ~mmedlate area. For those reasons, we recommend approval of the apphcat~on. Dorothy Wood: Thank you Mr. Salle'. Mr. Rlpley, I would move to approve th~s ~tem on the consent agenda, which is Item # 15, Craig Wyne. An ordinance upon apphcat~on of Crmg Wyne for a Condlt~onal Use Permit for motor vehicles on property located on the north s~de of Vlrg~ma Beach Boulevard beg~nmng at a point 50 feet east of Lavender Lane. It has rune conditions and ~t's ~n Bayside. Ronald Pdpley: We have a motion. Do I have a second? Gene Crabtree has seconded ~t. Is there any d~scussion on the motion? Heanng none, we'll 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. Mapo 6,? C ig W Map Not to Scale ra ~ne C~ND ST CUP - Motor Vehicle Sales ZONING HISTORY 1. 11-13-01 - Street Closure - Withdrawn 2. 10-28-91 - Conditional Use Permit (Tire Sales) - Approved 3. 7-9-90 - Conditional Use Permit (Automobile Rentals) - Approved 4. 2-9-00 - Conditional Use Permit (Motor Vehicle Sales) - Approved 5. 5-23-95 - Conditional Use Permit (Motor Vehicle Sales, Service and Carwash) - Approved 6. 4-30-90 - Conditional Use Permit (Carwash) - Approved I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Fort Worth Development, Inc.- Conditional Use Permit MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of Fort Worth Development, Inc. for a Conditional Use Permit for multi-family dwellings in B-4 (SD) on the north side of Shore Drive between D~nw~dd~e Road and Dupont C~rcle (GPIN 1489590079) DISTRICT 4- BAYSIDE The purpose of this request ~s to construct 27 mulb-family dwellings ~n a condominium form of ownership. Th~s request was approved by the City Council on August 12 On September 9, the C~ty Council, as prowded for by Secbon 107(f) of the C~ty Zoning Ordinance, voted to reconsider the approval of August 12. The City Council established the date of October 28 for that recons~derabon to occur. On October 28, City Council deferred th~s matter to the November 25 meebn.q, allow~nq bme for the applicant and the staff to discuss alternabve site and bu~ld~nq deskqns that would, ~n particular, ~ncrease the d~stance of the bu~ld~n.q from the live oak trees located on the western edqe of the sublect s~te Considerations: The applicant ~s requesting to develop this 1 14-acre site w~th 27 m~d-nse (6- story) multifam~ly un,ts (24 un~ts per acre) The Zoning Ordinance ~dentifies mulbfam~ly dwelling un~ts ~n the B-4 D~strict as a "conditional use" rather than a "permitted" use thereby requ~nng the applicant to seek a Cond~bonal Use Permit The proposed 27-unit condominium development does meet the density allowed under the B-4 zoning (albeit the maximum allowed at 24 un~ts per acre), however, Staff d~d not recommend approval of the proposal to the Planning Commission based on specific concerns regarding the height of the structure, the overall massiveness of the building, and the lack of adequate setback from the ulbmate right-of-way recommended by the Master Transportabon Plan for Shore Drive The Planning Commission passed a mobon by a recorded vote of 6-3 to approve th~s request w~th the cond~bons. i I Fort Worth Development Page 2 of 3 S~nce the October 28 deferral of th~s matter by the C~ty Council, the staff and the applicant have d~scussed several alternative s~te and building changes The latest changes accomplish the following · The building footprint has been reduced so that the western building wall ~s now approximately 40 feet from the I~ve oak tree located on the western parcel boundary The building footprint has decreased from 24,631 square feet to 16,220 square feet · The building fa(;ade adjacent to Shore Drive has been reduced ~n w~dth by approximately 30 feet and has been redesigned to provide a more appealing appearance · The architecture of the building ~s fundamentally the same style as the plan approved by the C~ty Council, however, the materials have changed to ~ncrease the amount of brick, particularly on the front facade The height of the budding ~s approximately the same as the originally approved building, w~th a slight reducbon from 87 feet and 8 ~nches ~n height to approximately 85 feet · The number of parking spaces has fallen from 63 to 61, but stdl meets the requirements of the C~ty Zoning Ordinance, which calls for 54 spaces Seven spaces, therefore, are for 'guests' · The rewsed layout and building elevation changes eliminate the need for variances from the Board of Zoning Appeals · Details on protecting five I~ve oak trees located on the western parcel boundary have been prowded, ~nclud~ng the use of chain I~nk fencing around the trees and logging mats between the fence and the building to m~n~m~ze so~l compaction Staff requested opinions on the proposed method of protection from four experts ~n the field of horticulture, ~nclud~ng the C~ty Arbonst As of November 19, 2003, one of the experts had responded, nobng that the proposal seemed to be a reasonable method of protecting the trees · Recommendations: The Planning Commission passed a motion by a recorded vote of 6-3 to approve th~s request w~th the following cond~bons The development of the s~te (~nclud~ng s~te layout, ~ngress/egress, fence Iocabon and materials, etc ) shall substantially conform to the submitted plan enbtled, "Parking Lot Layout of Dupont C~rcle, Shore Drive, V~rg~n~a Beach, VA," prepared by MSA, P C, dated 11-17-03, which has been exhibited to the Wrg~n~a Beach C~ty Council and ~s on file ~n the Planning Department The building shall be constructed as depicted on the elevation drawings entitled, "The Dupont, Shore Drive, V~rg~n~a Beach, Wrg~n~a, pages A 1 and A 2," prepared by McEnt~re Design, and dated 15 Nov 2003, which have been exhibited to the V~rg~n~a Beach C~ty Council and are on file ~n Fort Worth Development Page 3 of 3 the Planning Department. The Landscape Plan to be submitted dunng final site plan rewew shall mimic the plan ~denbfled above ~n Condition 1 Any additional planting shall adhere to the Landscape Guidelines established ~n the adopted Shore Drive Corridor Plan, Appendices. Any trees identified to be saved shall be adequately protected with chain link fencing surrounding the enbre tree at the drip line until construcbon ~s complete In add~bon, a cerbfled arbonst shall be present at the bme of cleanng and shall periodically ~nspect the s~te to ensure the health of the preserved trees 4. Ident~ficabon s~gnage shall be monument style and shall adhere to all apphcable Shore Drive Corridor Design Guidelines. Attachments: Staff Review (of originally approved plans) D~sclosure Statement Locabon Map Recommended Action' Approval w~th cond~bons Submitting Department/Agency: Planning Department City ManagerC~~ ~--,~Y'~/~ I ', I,',, st II ' J, ' II I, i I t ! i I T~T ~OO OD~Di] FROH 'SIGhI~TURE G~RDEH ~ L~I4DSC~PESR ! ~og. 1~ 2003 10:05AM P2 SIGNATURE LANDSCAPES OBEC ~C November 12, 2003 Mr. Richard Curfman Fort Wortl~ Development Shore Drive Project Preservation proposal lbr Live Oaks This plan is designed to protect five (5) Live Oaks, Quercus virgtnmtva, adjacent to Dmwiddie Street and your proposed structure. According to your design the footprint of the building will bc located approximately thirty-nine (39) feet to the east of the closest tree (Live Oak). Construction Corridor Proposed Structure Proposed chain link tree protection fence Existing organic material to remain e" ~ ~ *,~,-'"'~ · ~"~'($) Live Oaks 3q~ , · Root Zone: The proteetmn fence should be placed fourteen (14) feet back from footprint of building- this will; allow the contractor and his subs a corridor for the construction. Thc fourteen (14) tbct ama will be protected with "logging mats" to minimize soil , compaction The root zone in the protection area will not be disturbed- Tl~e ex~stmg organic mater/al will remain in place and additional wood chips may be added il' an extended dry period is likely during summer. A watering schedule maybe necessary, and would be activated in conjunction with the installation of wood chips to minimize loss of soil moisture dining a dry period. The storage of materials, clean-out of equiptnent, foot/vehicle traffic, etc will not be permitted in the protection zone. Following FROM 'SIGN~TURE GARDEN & LANDSCAPESR FAX NO. '?57-z~36-J665 Nov. 13 ~003 10:04AM Pi completion of construction th~: "logging mats" will bc removed and the fourteen (14) f~et restored to its condition prior lo construction (May require aeration). Pruning: There are dead limbs/branches that need to be removed for safbty/aesthetic considerations. Also. vines need to be removed from the canopie~;. Thc pruning may occur at anytime because thc "protection wall" formed when thc limb/branch died. Fertilization: Recommend fertilization before start of construction to ensttr¢ adequate soil nutrition - fertilizer rates based on D.B H. of tree. A low slow- release nitrogen fi~rtilizcr is best because ~t would not encourage extensive new growth which would reduce thc tree's reserves dunng construction Monitoring: The trees will be monitored on a monthly basis. Site v~s~ts w~ll allow for timely evaluations of thc tree's health and assessment of construcl~on ~mpact. Any abnormalities w~ii be addressed and corrected ~f necessary. Oscar W. Richardson III Consulting Arl_x~rist A.S.C.A. Certified Arborist M A 0168 FORT WORTH DEVELOPMENT / # 15 (Report as presented to Planning Commission) June 11, 2003 General Information: APPLICATION NUMBER: G03-213-CUP-2003 REQUEST: Conditional Use Permit for 27 mulb family dwelhngs ~n the B-4 (Shore Drive Corridor Overlay D~stnct) Resort Commercial D~stnct. ADDRESS: 2300 D~nw~ddie Road M.p ~J Fort Worth Development, Inc. Not ~c Gpzn 1489-59-0079 GPIN: 14895901970000 Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT I # 15 Page 1 ELECTION DISTRICT: SITE SIZE' STAFF PLANNER: PURPOSE: APPLICATION HISTORY: 4- BAYSIDE 1 14 acres Carolyn A.K Smith To construct 27 mulb family dwelhngs ~n a condominium form of ownership This request was deferred at the May 14 Planning Commission meebng. Major Issues: Degree to which the proposal is consistent w~th the Shore Drive Overlay D~stnct, Shore Drive Design Guidelines and compatible w~th surrounding land uses Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning The vacant s~te is currently zoned B- 4 (SD) Resort Commercial District w~th the Shore Dr~ve Corridor Overlay Surroundinq Land Use and Zoning North' South: · C~ty rights-of-way, Chesapeake Bay · Shore Drive · S~ngle-family dwellings, restaurant/B-2 Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT I # 15 Page 2 i I East: West: Community Bus~ness District Condominiums / B-4 Resort Commercial D~strict Restaurant, duplex / B-2 Community Bus~ness D~strict, R-5R Residential D~strict Zonin.q History In the wc~n~ty, no similar requests have been submitted for consideration by City Council Acbvity ~n the area ~ncludes a community boat dock, a street closure request, and a communication tower. The approved rezon~ng ~ncludes changes to the P-1 Preservabon D~strict 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 There ~s a 16 ~nch water ma~n ~n Shore Drive fronbng the property. The site must connect to C~ty water. Hydrauhc calculabons may be required There ~s a 10 inch sanitary sewer ma~n and an 18 ~nch force main in Shore Drive fronting the property. Sewer and pump station upgrades will be required. There is no City water or sanitary sewer available in Dupont Circle or Dinwlddie Road Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP): Shore Drive in the vic~nity of this apphcation ~s considered a four (4) lane urban artenal. It is idenbfied ~n the adopted Master Transportation Plan (which replaced the 1991 Master Street and H~ghway Plan in 1997) as a 150-foot wide right-of-way w~th a mulb-use tra~l. The ex~sbng right-of-way ~n th~s Iocabon, as measured by staff, ~s approximately 106 to 110 feet Staff esbmates that a 20 to 22 foot reservabon will be needed on this side of the road at th~s location to accomplish the required 150- foot w~de right-of-way Section 201(b) of the City Zoning Ordinance requires that the yard setback be measured from the ulbmate nght-of-way, as expressed ~n th~s case Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 3 by the reservation line. The applicant, however, nobfled of th~s need, has not rewsed the plans to accommodate the reservation and the budding setback and has indicated no ~ntenbon to do so Traffic Calculations' Street Name Present Present Generated Traffic Volume Capacity Ex~stmg Land Use 2_ 627 ADT Shore Dnve 35,000 17,300 ADT ~ ADT ~ Proposed Land Use 3_ 158 ADT Average Da~ly Trips 2 as defined by general B-4 uses 3 as defined by 27 condominium un,ts Schools School Current Capacity Generation ~ Change 2 Enrollment Thoroughgood 606 684 1 8 2 Great Neck Middle 1141 1330 0.9 1 Cox H~gh 2040 2018 1.2 1 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~st~ng zoning and under the proposed zoning The number can be pos~bve (additional students) or negabve (fewer students) Public Safety Police: The applicant ~s encouraged to contact and work with the Crime Prevention Office within the Pohce Department for crime prevenbon techniques and Cr~me Prevention Through Enwronmental Design (CPTED) concepts and strategies as they pertain to th~s s~te. Fire and Rescue' Adequate - no further comments. Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT I # 15 Page 4 I Comprehensive Plan The area of the proposed development falls w~thin the "M~xed Zone" as ~dentified ~n the Shore Drive Corndor Design Guidelines This portion of Shore Dr~ve possesses a mix of uses, primarily s~ngle-fam~ly and duplex units, office and commercial uses. The Comprehensive Plan generally supports resort type uses ~ncluding lodging, retail, entertainment, recreational, cultural and other uses ~n this area The Bayfront Planning Area's land use policies support well-planned and designed residential developments that promote community aesthetics, economic wtal~ty, quahty physical environment, and enhanced quality of life. The Shore Drive Corridor Plan and the Design Guidelines are established to ensure that these ~n~batives are achieved. In add~bon, mulbple-family dwellings in the B-4 (SD) Resort Commercial D~strict are allowed as Conditional Uses only Summary of Proposal Proposal The applicant is requesting to develop th~s 1 14 acre s~te with 27 mid-rise (6- story) mulbfamily un~ts (24 un~ts per acre). The Zoning Ordinance ~denbfles mulbfam~ly dwelling units ~n the B-4 District as a "condibonal use" rather than a "permitted" use thereby requ~nng the applicant to seek a Condibonal Use Permit. Site Desiqn The site plan depicts a s~ngle entrance along the eastern property I~ne off of Dupont C~rcle. All 60 parking spaces w~ll be under the six (6) story budding Access to the units ~s prowded wa four (4)~ntenor stairwells and two (2) elevators accessed under the building, w~thin the parking area The structure containing the 27 units ~s "U" shaped. On the ground floor, w~thin the m~ddle of the building, the site plan depicts two (2) rooms adequately s~zed for meebngs, banquets or recreabon/exerc~se A k~tchen and restrooms are also proposed in th~s area. A patio from the meebng and banquet rooms leads to an outdoor pool depicted on the northern I~mits of development, at the foot of primary coastal sand dune A Board of Zoning Appeals (BZA) variance is required as the structure ~s proposed four (4) feet from western property I~ne (Dupont Circle right-of-way) and it therefore w~th~n the required eight (8) foot s~de yard setback In addition, the depicted s~x (6) foot fence ~s shown on the property I~nes on both D~nw~dd~e Road and Dupont C~rcle instead of the required eight (8) feet setback. Vehicular and Pedestrian Access No d~rect access to Shore Drive ~s proposed Only a s~ngle ~ngress/egress along the eastern property I~ne, off of Dupont C~rcle, is proposed. An outdoor pool is depicted on the northern I~m~ts of development, at the foot of primary coastal sand dune The DSC has ~nd~cated that sidewalks along Shore Drive and up to the entrance along Dupont C~rcle w~ll be required Architectural Design · The front elevabon facing Shore Drive depicts a s~x (6) story building with parking underneath on the first floor. The exterior building materials are a m~x of reddish brick along the foundation and "stepping up" to the third floor from the east and west corners, then transition~ng to wnyl shakes. The applicant has markedly ~mproved the Shore Drive fa(;ade w~th the inclusion of porches and columns. An architectural grade, green asphalt shingle w~ll cover the roof and the parking and storage areas (the first and second floors) In an attempt to shield the parking from the street, it was covered with a roof and treated as Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 6 a port~on of the fa(;ade. The rear and s~de elevation m~mics the front w~th the use of porches to capture the views available to the Chesapeake Bay. Applicability to the Pertinent Shore Drive Design Guidelines: General Design Concepts/Residential Guidelines · Facades should be articulated to reduce the scale and one-d~mensional appearance. The overall ~ntent ~s to encourage a more human scale and pedestrian or~entabon Staff Comment: The apphcant has modlfied the original design to achieve th~s guldeline. However, the human scale is lacking and the there ~s no obwous pedestnan onentabon. Facades greater than 50 feet ~n length, visible from a public street, should ~ncorporate wall plane projecbons or recesses hawng a depth of at least three feet. Staff Comment: The proposed design does utilize projections and recesses to reduce the redundancy and ~ncrease the wsual interest. Fronts oriented toward Shore Drive should ~ncorporate one-story porches, arcades, bay w~ndows, entry areas, breezeways, awnings, or other features. Staff Comment: The ongmal design has been modified to include porches facing Shore Drive. The building does have a "false arcade" that provides cover to the parking spaces facing Shore Dnve; however, it is obvious that it ~s covenng a parking area rather than prowd~ng a pedestnan entry and cover. The roof of th~s arcade ~s somewhat odd and perhaps could be modified so that doesn't extend beyond the first floor. Fa(;ade colors should be Iow reflecbve, subtle, neutral, or earth tone colors Staff Comment' The earth tones of light and darkish brown are in keeping w~th this guideline. The placement of dormers and other raised roof areas, with a pnnc~pal sloping roof, are encouraged. Use of half story, etc. Staff Comment' The proposed vanabons in the roofhne do help to enhance the appearance of the building; however, the height being six (6) stones does not provide for a lot of roof exposure other than the somewhat awkward roof covenng the parklng. Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 7 Front building facades should be located at the front yard setback. Staff Comment: The building is located at the existing front yard setback of 30 feet; however, as noted earlier, due to Shore Drive being ~denbfied on the Master Transportabon Plan as a 150 foot wide right-of-way, the location of the structure should be located 30 feet from the reservation. The app#cant is unwilling to recognize this requirement. Th~s serious issue nullifies any positive merits of the budd~ng's design. The street elevabon of mulbple-un~t res~denbal buildings should have at least one street oriented entrance and contain the principal w~ndows of the front unit Staff Comment: There ~s no pedestrian entrance visible from Shore Drive The covered parking area that leads to the elevators and stairs ¢s hidden from the rights-of-way. Walls · Walls should be clad in wood, cedar shingles, hardboard siding, I~ghtwe~ght concrete s~d~ng, or shingles. L~m~ted quantities of brick, stone or EIFS or split faced block ~s allowable. Horizontal lap wnyl s~d~ng ~s discouraged. Staff Comment. The building materials include brick, two (2) variations of wnyl shake. The ¢ntent of th¢s gu¢deflne has been met. Walls of more than one material should only change material along a horizontal hne - the "heawer" material beneath the "l~ghter" material, trim required at the change Staff Comment. This recommendabon has not been used in the design of the building. The second floor should be stepped back from the first floor, relabve to Shore Drive Staff Comment: The covered parking does extend out to Shore Drive beyond the upper floors. Roofs · P~tched roofs should be metal standing seam, copper, wood shakes, or h~gh- quality asphalt shingles w~th a slope between 6 12 and 10'12. Staff Comment: The roofs have a h~gh quarry architectural style green shingle. Fascia and soffit material should be painted wood, vinyl or metal Open fascia w~th decorative rafter tads of 10 to 12 ~nches are encouraged Staff Comment. The fascia and soffit are wnyl ¢na color to match the Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 8 building. However, the fascia is not open and does not incorporate decorative rafter tails. Variabons in roof lines with the use of overhanging eaves, parapets, height variations and entrance features ~s encouraged. Staff Comment' There is some attempt to meet this guidehne Roofs specified ~n the Mixed Zone should be p~tched to maintain compatibility w~th the residential identity of the Ocean Park neighborhood Staff Comment: While the roof may m/m/c those of the res/denbal dwellings to the west, due to the height and square footage of the structure, it will appear out of balance Even though there/s a higher building to the east,/t/s set away from the property hne and does not have as massive an appearance from Shore Drive As this project maximizes the allowable lot coverage, it will appear more massive and out of scale w/th the development to the west. Building Materials · Porches should be wood, synthebc wood or faces with brick or stone. Porch ced~ngs should be painted or have detailed v~nyl covenng. Staff Comment. The proposed porches/pabos w/ll have concrete flooring. · Rading systems should be wood, painted steel or wnyl Staff Comment: The railing systems w/ll be vinyl coated alum/num. Columns should be wood or synthebc wood. Staff Comment: The columns will be steel wrapped in vinyl and will appear as painted wood Porches, arcades, breezeways, etc should be vertically proportional to the building. Staff Comment: This guideline has generally been met. · Balconies should not extend more than 4 feet from the building. Staff Comment: It appears that th/s guideline has been met Windows and Doors · W~ndows and exterior casing should be high quahty wood, v~nyl clad wood, v~nyl or aluminum Exterior casing should be 3 ½ ~nches to 6 roches w~de around all w~ndows and doors facing rights-of-way. W~ndow s~ze on the second floor should be same proportion but shghtly small than the first floor Staff Comment: Varying w~ndow sizes are proposed. The exterior casing appears to be narrow and not consistent with this gu/dehne. Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT I # 15 Page 9 Landscape and Open Space Desiqn · The rear of the property is encumbered by a coastal primary sand dune that provides approximately 7,500 square feet of open, unbuildable area A Board of Zoning Appeals variance will be sought for the ehm~nabon of the required Category I landscaping between the fence and the property I~nes where required. If fencing is ~nstalled w~th~n five (5) feet of any right-of-way, Category I screening is required. On this s~te, Category I would be required for approximately the n~ne (9) feet along Dinwidd~e Road and approximately the 27 feet along Dupont C~rcle where the proposed fence is planned w~th~n five (5) feet from these rights-of-way. Some landscaping ~s proposed in these areas ~n lieu of the tall growing Category I species. The Concept Plan identifies 12 trees to be saved, however, it does not ~nd~cate the number of large trees that are proposed for removal It appears that many of these trees are actually w~th~n the r~ght-of-way, however, extreme care must be taken if these are to be preserved The plan depicts 16 new L~ve Oaks to be ~nstalled on the s~te and evergreen flowenng shrubs serving as foundabon landscaping. Evaluation of Request Staff cannot support this request. The applicant ~s requesbng to develop th~s 1 14 acre site w~th 27 mid-r~se mulbfam~ly un~ts at a density of 24 un~ts per acre (the maximum allowed under the C~ty Zoning Ordinance). The applicant had an approved plan (dated 12-19-98) for a 40 unit condominium prior to the adopbon of the Shore Drive Overlay D~stnct, however, th~s s~te plan approval has expired and ~t is not the desire of the applicant to construct the same project However, this new proposal ~s not recommended for approval. There are two ma~n areas of concern' (a) project concept and design and (b) Master Transportation Plan Project Concept and Desiqn The area of the proposed development falls w~thin the "M~xed Zone" as ~dentifled ~n the Shore Dr~ve Corridor Design Gu~dehnes. This port~on of Shore Drive possesses a mix of uses, primarily s~ngle family and duplex un~ts, office and commercial uses. Mulbple family dwellings proposed ~n the B-4 (SD) Resort Commercial D~stnct are permitted as Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 10 Conditional Uses only, thereby requiring rewew and approval by the C~ty Council Certain uses are allowed as "Conditional" when a potenbal exists for that use to have an adverse ~mpact on surrounding properbes The apphcant has worked to ~mprove the design of the structure, parbcularly w~th respect to the facade facing Shore Drive, as well as allewate concerns expressed by the neighborhood regarding trash pick-up, vehicular and pedestrian access and tree preservation. The proposed 27-unit condominium development does meet the density allowed under the B-4 zoning (albe~t the maximum allowed at 36 un~ts per acre) and the design can be viewed as being somewhat consistent w~th the specific design guidelines of the Shore Drive Overlay. However, Staff cannot recommend approval of the proposal based on specific concerns regarding the height of the structure and the resulbng massiveness of the six (6) story, 111,596 square foot building. Section 221 0) of the City of City Zoning Ordinance sbpulates that any cond~bonal use "..be compabble w~th the neighborhood in which ~t ~s to be located, both ~n terms of exisbng land uses and cond~bons and ~n terms of proposed land uses and use permitted by right ~n the area. Among matters to be considered ~n th~s connecbon are traffic flow and control, access to and c~rculabon w~th~n the property; off-street parking and loading, refuse and service areas; ublities, screening and buffering; s~gns, yards and other open spaces, height, bulk and location of structures; Iocabon of proposed open space uses, hours and the manner of operabon; and noise, light, dust, odor, fumes and vibrabons." Whde the "use" of the property for mulb-fam~ly dwellings ~s acceptable, Staff concludes that the massiveness and height of the structure could negatively ~mpact the surrounding res~denbal properbes to the west. Secbon 221 requires, among other th~ngs, that the height and the bulk of the proposal be ~n concert w~th all surrounding properties There are the two (2) and three (3) story res~denbal units to the west Staff acknowledges the existence of the 12 story, Chesapeake House h~gh rise adjacent to the east However, the massiveness of that development does not appear as ~mpos~ng due to the fact that the footpnnt of the h~gh rise ~tself does not encompass the majority of the s~te as does th~s project and the Chesapeake House property ~s larger, thereby reducing its "presence." In add~bon, the high nse's above ground 3 story parking deck prowdes for some form of a trans~bon from the 12 story high rise to this property ~n quesbon. Moreover, the recent changes to the zoning ~n the Shore Drive Corridor and the accompanying Shore Drive Design Guidelines are ~ntended to encourage a more human scale and pedestrian onentabon for development along Shore Drive, particularly along th~s segment of the roadway Staff recommends that the applicant apply th~s pnnc~ple and reconsider the concept and design of the project. Master Transportation Plan The more serious concern of City staff ~nvolves the Master Transportabon Plan. The Master Transportation Plan ~dentifies this porbon of Shore Drive as a 150-foot w~de Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT I # 15 Page 11 right-of-way. The ex~sting right-of-way ~s deficient in th~s regard. The ex~sbng r~ght-of- way ~n th~s location, as measured by staff, ~s approximately 106 to 110 feet. Staff esbmates that a 20 to 22 foot reservation will be needed on th~s s~de of the road at th~s location to accomplish the required 150-foot w~de right-of-way Shore Drive ~s planned to have extensive landscaping and trads, which when combined w~th future ~mprovements to the roadway lanes and the replacement of the Lesner Bridge, requires a wide right-of-way Secbon 201(b) of the C~ty Zoning Ordinance requires that the yard setback be measured from the ulbmate right-of-way, as expressed ~n this case by the reservabon I~ne. There is space on the plan to accommodate the reservation; however, the building setback cannot be met when measured from the reservation I~ne. It ~s, therefore, staff's posibon that regardless of any other ~ssue, the failure of the applicant to adhere to the City's adopted Master Transportabon Plan makes it ~mposs~ble for staff to support this request as currently designed. Staff ~s not supportive of this request for a Condibonal Use Permit and recommends that the project be den~ed. Should the request be approved, the following condibons are encouraged. Conditions . . The development of the s~te 0nclud~ng s~te layout, ~ngress/egress, fence Iocabon and materials, etc ) shall substantially conform to the submitted plan entitled," Conceptual Site Layout & Landscape Plan of Dupont C~rcle Shore Drive, V~rginia Beach, VA," prepared by MSA, P C, dated 2-3-03, which has been exhibited to the Virginia Beach C~ty Council and is on file in the Planning Department. The building shall be constructed as depicted on the rendering entitled, "Shore Drive facade at Dupont C~rcle" prepared by Howard Architectural Presentations, and the elevabons entitled, "Dupont C~rcle Condominiums pages A 2, and A 7," dated March 5, 2003, which have been exhibited to the V~rg~n~a Beach City Council and are on file ~n the Planning Department The Landscape Plan to be submitted during final s~te plan review shall mimic the plan idenbfled above ~n Condition 1. Any add~bonal planbng shall adhere to the Landscape Guidelines estabhshed in the adopted Shore Drive Corridor Plan, Appendices Any trees ~denbfied to be saved shall be adequately protected w~th chain link fencing surrounding the enbre tree at the drip I~ne until construcbon ~s complete In add~bon, a certified arbonst shall be present at the bme of cleanng and shall periodically ~nspect the s~te to ensure the health of the preserved trees Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 12 I 4. Ident~flcabon s~gnage shall be monument style and shall adhere to all applicable Shore Drive Corndor Design Guidelines 5. The multiple-famdy dwelling structure shall be hm~ted to three (3) stones in height. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 13 Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT I # 15 Page 14 i Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 15 I Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT / # 15 Page 16 Z DISCLOSURE STATEMENT Z Applicant's Name Fort Worth Deve_]_o_p_m_e_n_t~_%B~. List All Current Property Owners Fort Worth Develop_m..e_n~ inc. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, hst all officers of the Corporation below: (Attach hst if necessary) Stan Tsenjl~__[~_e_s~dent.~ If the property owner Is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Attach hst ~f necessary) [] Check here if the property owner ~s NOT a corporation, partnership, firm, or other umncorporated 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 list if necessary) 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) r-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. Fort ~h,'~;evelcmment, Inc. B~_ _~~~_~~~-- S t an Ts e nf~_P_r_e_s_i d e n t Sign Print Name Conditional Use Permit Application Page 8 of 12 Planning Commission Agenda June 11, 2003 FORT WORTH DEVELOPMENT ! # 15 Page 17 I Gptn 1489-59-0079 Ma~ ~ Fort Worth Development, Inc. Hop Not to ~C~cole ZONING HISTORY 1 Change of Zoning (Cond~bonal B-1 Neighborhood Bus~ness District to O-2 Office D~stnct)- Granted 7-5-00 Change of Zoning (0-2 Office D~stnct to Cond~bonal B-1 Neighborhood Bus~ness D~strict) - Granted 8-11-98 2 Condibonal Use Permit (communicabon tower)- Granted 8-11-98 Cond~bonal Use Permit (beauty shop)- Denied 5-23-83 3 Condibonal Use Permit (convalescent home)- Granted 2-25-97 4 Street Closure - Granted 9-14-81 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Berkshire-Hudson Capital, Xl, LLX (a) Change of Zoning District Classification (B-l, B-2 and AG-2 with HC Overlays to Conditional B-2 with a HC Overlay; and, (b) B-2 with a HC Overlay to AG-2 with a HC Overlay) MEETING DATE: November 25, 2003 · Background' (a) An Ordinance upon Appl[cabon of Berkshire-Hudson Capital, Xl, LLX for a Change of Zon,nq D,stnct Class,flcabon from B-1 Neighborhood Bus,ness D~stnct, B-2 Community Bus,ness D~str,ct and AG-2 Agricultural D,str,ct w,th H,stonc and Cultural D,str,ct Overlays to Cond,bonal B-2 Community Bus~ness D,str,ct w,th a H,stor,c and Cultural D,str,ct Overlay on property located east of the ,ntersect,on of Pnncess Anne Road and North Landing Road, beginning at a point approximately 410 feet north of Courthouse Dr,ve (GPIN 14949262400000, 24040127070000, 14949284550000, a port,on of 24033828050000, and a portton of 24040232540000) The Comprehensive Plan recommends use of th,s property for appropriate growth opportunities consistent w,th the economic wtal,ty policies of the C~ty of V, rg~n~a Beach DISTRICT 7- PRINCESS ANNE (b) An Ordinance upon Application of Berkshire-Hudson Capital XI, L L C for a Change of Zon~nq D,stnct Class~flcabon from B-2 Community Bus,ness D~str,ct w,th H,stonc and Cultural D,str,ct Overlay to AG-2 Agricultural D,str,ct w,th H,stonc and Cultural D,str,ct Overlay on property located on the east s,de of Princess Anne Road, approximately 450 feet east of the ~ntersect~on w~th Pnncess Anne Road, and, on the east s,de of Pnncess Anne Road, approximately 850 feet north of Courthouse Dr,ve (GPINS 2404012707, 2404023254) DISTRICT 7- PRINCESS ANNE The purpose of the requests ,s to rezone the property to accommodate a new retail center and to remove the ,rregular zoning boundaries that now ex,st on the s~te Considerations: The applicant has submitted a letter to the Staff, requesbng that th~s ~tem be deferred to the December 9 C~ty Council heanng The deferral ~s being requested TROUTMAN A T T O R N E Y S A T A LIMITED LIAI~ILITY PARTNERSHIP Thomas C Kleme tom kle~ne@troutmansanders com SANDERS LLP L A W 222 Central Park Avenue Suite 2000 VIRGINIA BEACH, VIRGINIA 23462 www troutmansanders com TELEPHONE 757-687-7500 FACSIMILE 757 687-7510 November 6, 2003 D~rect D~al 757-687-7789 D~rect Fax 757-687-1512 Stephen White, PhD Department of Planning City of Virginia Beach Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456-9040 Re: Apphcat~on of Berkshire-Hudson Capital XI, LLC Dear Mr. White. I am in recmpt of a notice (attached hereto) from the Virginia Beach Planning Conumsslon indicating that the City Council will hear the above-referenced application on Tuesday November 25, 2003, at 6:00 p.m I have been asked by Councilman Reeve to request a deferral of this matter until December 9, 2003, as he will be out of town on November 25, 2003, and unable to attend the heanng. Since this rezomng request involves an important project located within Mr Reeve's district I am writing to respectfully request the Planning Department's support for this deferral request A representative of the Applicant will be present at the November 25, 2003 heanng to formally request the deferral. Thank you for your attention to this matter. Sincerely, Thomas C. Klmne Enclosure cc' Councilman Jim Reeve Barbara Duke 251829 ATLANTA o HONe, KONG o LONDON ° NORFOLK ° RALEIGH o RICHMOND TYSONS CORNER ° VIRGINIA BEACH - WASHINGTON, D C I Ok OUE NA'~\° City of Virginia Beach INTER-OFF/CE CORRESPOIktl)ENCE. In Reply Refer To Our File No DF-5790 DATE. November 13, 2003 TO: FROM: RE: Leslie L. Lilley B. Kay Wilso DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Berkshire-Hudson Capital XI, LLC, et als The above-referenced conditional zoning apphcat~on is scheduled to be heard by the City Council on November 25, 2003. I have reviewed the subject proffer agreement, dated September 17, 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 ~f you have any questions or wish to &scuss this matter further. BKW Enclosure I Document Prepared By and Return to Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Vtrgmta Beach, Vtrgmta 23462 Phone 757-687-7500 Facstmtle 757-687-7510 AGREEMENT THIS AGREEMENT, made this 17th day of September, 2003 by and between BERKSHIRE-HUDSON CAPITAL XI~ LLC, a North Carolina llrmted liability company (hereinafter referred to as "Grantor"), the contract lessor of a certain parcel of property generally located on the east side of North Landing Road at the intersection of North Landing Road and Pnncess Anne Road in Virginia Beach, V~rglnia, which property is more fully described on Exhibit A attached hereto (hereinafter the "Property"); KELLAM AND EATON~ INC., a Vlrg~ma corporation, DAVID KELLAM and SUSAN KELLAM, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Vlrg~ma, the current owners of the Property (hereinafter referred to collectively as "Grantor"); and the CITY OF VIRGINIA BEACH, a mumclpal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Vlrg~ma Beach, Vlrg~ma, by petition addressed to the Grantee, so as to change the classification from B-I, B-2 and AG-2 to B-2 Conditional with a Historic and Cultural District Overlay on certmn property which contains approximately 5 47 acres, more or less, located In the Pnncess Anne Election District of the C~ty of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A; and GPIN: 1494-92-6240; 2404-01-2707; 1494-92-8455; 2404-02-3254 WHEREAS, the Grantee's pohcy ~s to prowde only for the orderly development of land for various purposes, ~nclud~ng m~xed use purposes, through zomng and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses confhct, and that ~n order to permit d~ffenng uses on and ~n the area of the subject Property and at the same time to recogmze the effects of the change and the need for various types of uses, certmn reasonable condmons govermng the use of the Property for the protection of the community that are not generally apphcable to land s~mdarly zoned B-2 with a I-hstonc and Cultural D~stnct Overlay are needed to cope w~th the s~tuat~on to which the Grantor's rezomng apphcat~on g~ves rise, and WHEREAS, the Grantor has voluntarily proffered in writing ~n advance of and prior to the pubhc heanng before the Grantee, as part of the proposed conditional amendment to the Zomng Map, ~n addmon to the regulations prowded for ~n the ex~st~ng B-2 zomng district by the existing City's Zomng Ordinance (the "CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of smd amendment to the new Zomng Map relative to the Property, all of which have a reasonable relation to the rezomng and the need for which ~s generated by the rezomng, and WHEREAS, said condmons having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zomng Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such condmons; provided, however, that such condmons shall continue despite a subsequent amendment ~f the subsequent amendment ~s part of the comprehensive ~mplementat~on of a new or substantially rewsed zomng ordinance, unless, notwithstanding the foregoing, these conditions are amended or vaned by written instrument recorded ~n the Clerk's Office of the C~rcmt Court of the C~ty of V~rg~ma Beach, V~rg~ma and executed by the record owner of the subject Property at the t~me of recordation of such ~nstrument; provided, further, that smd instrument ~s consented to by the Grantee ~n writing as ewdenced by a certified copy of ordinance or resolution adopted by the govermng body of the Grantee, after a pubhc heanng 2 before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15 2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zomng, rezomng, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants runmng with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, ~t's hmrs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. As developed, the Property shall be developed for a drug store/retail facility, together with additional structures to be utihzed as retad/commerclal and/or offices, subject to the restrictions of proffer #4 of th~s Agreement. No other uses shall be permitted on the Property. 2. As developed, the site layout and landscaping shall be substantially as shown on that certain exhibit entitled "Eckerd Princess Anne Rd & North Landing Rd City of Virginia Beach, Virginia Preliminary Site Plan" prepared by The John R. McAdams Company, Inc and dated 09/08/03, which has been exhibited to City Council of the C~ty of Virginia Beach ("City Council") and is on file with the Planning Department of the City of Virginia Beach ("Planning Department"). 3. The architectural design and building materials of the structures on the Property shall be substantially compatible with the architectural style and materials reflected ~n pages 1-16 of the architectural elevations dated September 18, 2003, and prepared by RBA Group Architecture, which elevations have been exhibited to C~ty Council and are on file with the Planning Department. 4. The following uses shall not be perTmtted on the Property automobile repair facilities, automobile service stations, bingo halls, car wash facdmes, flea markets, hehports and hehstops, rmnl-warehouses, motor home sales, motor vehicle sales and rentals 5. A Certificate of Appropriateness shall be obtained from the Planning Department of the City of Virginia Beach prior to the development of the Property, which may be issued following review by the I-hstonc Review Board of the site layout, site landscaping, the architectural style and building materials of the structures; the location, size, number and character of proposed signage; proposed exterior lighting arrangements. Further conditions mandated by applicable development ordinances may be required by the Grantee dunng detailed Site Plan and/or subd~vlsion review and administration of apphcable City Codes by all cognizant City agencies and departments to meet all applicable C~ty Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virgima, In force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenant and agree that (1) the Zoning Adrmnistrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (1) the ordenng ~n writing of the remedying of any noncompliance with such conditions, and (ii) the bnnglng of legal action or suit to ensure comphance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings, (2) the failure to meet all conditions shall constitute cause to deny the Issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court, and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection ~n the office of the Zoning Adm~mstrator and In the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the C~ty of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee [Remmnder of Page Intentionally Left Blank] [Signature page to Agreement] GRANTOR BERKSHIRE-HUDSON CAPITAL XI, LLC STATE OF NORTH CAROLINA CITY OF CHARLOTTE, to-wit The foregoing instrument was acknowledged before me this/7' day of .~,&"/,~ ~ ~ 2003, by~'~r~wj ~. ~-a,~,,,~, Managing Member of Berkshire-Hudson Capital XI, LLC He is personally known to me. My Com. m~sslon Expires Notary Public [S~gnature page to Agreement] GRANTOR KELLAM AND EATON, INC Name .'D ~ ~/i d .... COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The.4orego~n~g,q~st.r~ment was ac. krnowledged before me this o'l'~'*~tay of ~ 2003, by l_(Jo~{ 6. _ffLIJ4Yw,,~ , [~l~.tl.o~ of Kellam and Eaton, Inc He/r,,he is personally known to me or-Ores ~,~t, uucud as ~uv,,tl.~Cat,U~l. My Comm, sslon Exp,res: ]~J,.~ ]/07 ~l,lotary P-ublic ' [Signature page to Agreement] GRANTOR. DAVID KELLAM COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this o~ day of 2003, by David Kellam. He is personally known to me e.~as "~"~v ....... .... '~ as. My Comrmsslon Expires i~otary Public [S~gnature page to Agreement] GRANTOR SUSAN KELLAM COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregmng ~nstrument was acknowledged before me th~s o~3 day of . , 2003. by Susan Kellam. She ~s personally known to me orhas .preduced as · ' ' 0 l~tary Pubhc My Commission Expires: I [Signature page to Agreement] GRANTOR CITY OF VIRGINIA BEACH, VIRGINIA, COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit ~f'~.~,~ e,~ ~ The foregoing ~nstmment was acknowledged before me th~s ~ ~ day of --' 2003, by c~,~,¢,s/¢ cP.,oo~,., , ~,'~"~ C:~ba,.~... / of the C~ty of Virginia Beach, Vlrglma. He~/she is p~rs~on~lly known to rn/e or has produced as ~dentlhcat~on. My Commission Expires: (~ ~ ~/ Notary Public VB236250v2 10 EXHIBIT A All that certmn lot, p~ece or parcel of land, situate, bmng in the C~ty of Vlrg~ma Beach, V~rg~ma and described as "Lease Parcel" on that certain survey entitled "PROPOSED ECKERD'S SITE NORTH LANDING ROAD & PRINCESS ANNE ROAD CITY OF VIRGINIA BEACH, VIRGINIA" prepared by The John R McAdams Company, Inc and dated 3/20/03, which property ~s more pamcularly described as follows Beg~nmng at a pmnt ~n the southeastern right-of-way of North Landing Road, said point bmng a common comer of now or formerly Kellam & Eaton, Inc (DB 180, PG 339) and now or formerly Pnncess Anne Executive Park (MB 201, pg 43); thence w~th smd right-of-way 37.87 feet along the arc of a curve to the left hawng a radius of 383.10 and a chord beanng of North 19°52'54'' East 37.85 feet, thence contlnmng along said right-of-way the following four calls North 17019'06" East a d~stance of 70.31 feet, North 21°49'59'' East a d~stance of 161.09 feet; thence North 18°34'37'' East a d~stance of 80.96 feet, thence North 29036, 11" East a d~stance of 181 60 feet to a point ~n the hne of now or formerly David E Kellam and Susan S. Kellam (DB 4087, PG 1226); thence w~th the hne of Kellam South 37058'44" East a d~stance of 132.95 feet; thence a new hne through the lands of Kellam, North 50°27'36'' East a d~stance of 87.11 feet, thence a new line South 39°00'48'' East a d~stance of 384 82 feet; thence a new hne South 38012'28" West a d~stance of 96 82 feet to a point ~n the line of now or formerly Dawd E. Kellam and Susan S. Kellam (DB 4087, PG 1226), thence w~th a new hne across the lands of now or formerly Dawd E. Kellam (MB 250, PG 20) South 38°12'28'' West a d~stance of 190 89 feet to a point ~n the hne of now or formerly The C~ty of V~rg~ma Beach (DB 2417, PG 1540); thence a new hne across the lands of smd C~ty South 38012'28" West a distance of 68 56 feet to a point ~n the hne of now or formerly Kellam & Eaton, Inc (DB 2258, PG 1370), thence a new hne across the lands of smd Kellam & Eaton South 38012'28" West a d~stance of 131 79 feet to a point ~n the hne of aforementioned Pnncess Anne Executive Park, thence w~th the hne of smd Pnncess Anne Executive Park the following three calls: North 36°54'15'' West a distance of 18402 feet; South 39°45'45'' West a d~stance of 45.10 feet; North 50°14'15" West a distance of 207.13 feet to the POINT OF BEGINNING, contmmng 5.467 acres, more or less IT BEING a pomon of the same property conveyed to Kellam and Eaton, Incorporated by deed from Eva M. Burton and John M. Burton, her husband, dated October 1, 1935 and recorded ~n the Clerk's Office of the Clrcmt Court of the City of V~rg~ma Beach, V~rg~ma in Deed Book 180 at page 339. AND 11 BEING a portion of the same property conveyed to Kellam and Eaton, Incorporated by deed from Annie B. Kellam and Floyd E Kellam, Jr, Executors and Trustees under the Will of Floyd E Kellam, deceased, and Annie B Kellam, widow, dated May 20, 1983 and recorded May 20, 1983 In the aforementioned Clerk's Office in Deed Book 2258 at page 1370. AND BEING a portion of the same property conveyed to Mary D. Bateman in accordance with a certain Suit and Order recorded April 27, 1927 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 144 at page 443 The said Mary D. Bateman subsequently mamed Frank W Kellam and became Mary D Kellam. Mary D. Kellam conveyed an undivided one-half interest in the property to Frank W. Kellam by deed recorded in Deed Book 154 at page 377. The remaining one-half interest was devised to Frank W. Kellam pursuant to the terms of the Will of Mary Bateman Kellam which is recorded in the aforesaid Clerk's Office in Will Book 69 at page 2149 The said Frank Wallace Kellam, Sr. (a/k/a Frank W. Kellam) died testate on December 25, 1994 and pursuant to the terms of his Will recorded in Will Book 88 at page 244, the property was vested in his estate, with David E Kellam as Executor AND BEING a portion of the same property conveyed to the City of Virginia Beach by deed from the Commonwealth of Vlrg~ma acting by and through the State I-hghway and Transportation Commissioner, dated April 16, 1985, and recorded in the aforementioned Clerk's Office on June 11, 1985 in Deed Book 2417 at page 1540 AND BEING a portion of the same property conveyed to David E Kellam and Susan S Kellam, husband and wife, by deed from David E Kellam, Executor of the Estate of Frank Wallace Kellam, Sr, dated May 27, 1999 and recorded in the aforementioned Clerk's Office on June 2, 1999 in Deed Book 4089 at page 1226 12 -2 Berkshire-Hudson Capital / I AG~I x ~,,~ ~) I Zomng Chan~e front B-2 to AG-2 - Blue Conditional Zomng Change B-1AG-2B-2 to Cond B-2 Red ZONING HISTORY 1 7~9~96- CONDITIONAL USE PERMIT (Communication Tower)- Granted 2 8~26~86 - REZONING (Downzone to AG-I/AG-2) - Denied 3 3/8194- REZONING (B-1 to Cond B-2 Bus~ness) - Den~ed 4 6111196 - REZONING (B-1 to Cond B-2 Bus~ness) - Granted 5 1128192- REZONING (AG-2 to Cond B-1 Business)- Granted 6 '119186 - REZONING (AG-2 to B-1 Business) - Granted 7 1/25182 - REZONING (AG-2 to B-1 Bus~ness) - Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Near Post, L.L.C. - Change of Zoning District Classification (H-1 Hotel District, B-2 Business District, B-1 Business District and R-40 Residential District to Conditional A-36 Apartment District) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of Near Post, L L C for a Change of Zon~n,q D~stnct Classification from H-1 Hotel D~stnct, B-2 Bus~ness D~stnct, B-1 Bus~ness D~stnct and R-40 Res~denbal D~stnct to Cond~bonal A-36 Apartment D~stnct on property located at 1020 and 1040 Lask~n Road and a port~on of Parcel A, Oriole Dr~ve (GPINS 2418613236, 2418616228, 2418246584, and a port~on of 2418517557) DISTRICT 5 - LYNNHAVEN The applicant ~s proposing the consol~dabon of three parcels to develop 90 luxury condominium un~ts, parking and associated recreational amenities On October 28, C~ty Council deferred th~s matter to the November 25 meebnq Considerations: Currently the Seashore Motel, a Hardees restaurant and a small port~on of the Cavalier Golf Course occupy the property The submitted conceptual s~te plan depicts ten buildings, landscaped areas, a pool and recreabonal building F~ve buildings front along Lask~n Road, w~th four buildings located along the rear of the property A building also fronts on Oriole Drive S~ngle entrances from Lask~n Road and from Oriole Drive are depicted on the plan, however, several ex~st~ng entrances from Lask~n Road w~ll be eliminated Ornamental fencing ~s shown along Lask~n Road and Oriole Drive as part of the landscaping The building heights along Lask~n Road and Oriole Drive are vaned to create wsual relief and to lessen the 'wall' effect that large buildings can establish along roadways The proposed landscaping and ornamental fencing along the roadways w~ll soften the eye level ws~on of the proposed buildings The proposed development represents a dramatic reducbon ~n the number of un~ts compared to what could be built by-right on the s~te w~th the ex~st~ng H-1 Hotel zoning (90 un~ts under th~s proffered rezon~ng versus up to 243 under the Near Post Page 2 of 2 H-1 zoning) Th~s ~s s~gn~flcant considering the fact that the s~te ~s s~tuated w~th~n the 70 to 75 dB AICUZ and Accident Potenbal Zone II S~nce the Planning Commission heanng, the applicant submitted an add~bonal proffer containing prows~ons requested by the Un~ted States Navy Th~s new proffer, Number 10, reads as follows The Grantor agrees to ~nsert ~n the Sales Contracts between Grantor and the Purchasers of the un~ts w~th~n the P~nes at B~rdneck the following notices (a) The Property ~s located w~th~n the 70 to 75 dB Ldn No~se Zone and the A~rcraft Accident Potential Zone (APZ) II for the NAS Oceana A~r Base During flight trials, there ~s the potential for d~rect overflies of the Property (b) The preceding facts are subject to change and potential buyers are urged to contact the Community Planning L~a~son Officer at NAS Oceana Staff recommended approval There was oppos~bon to the request · Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve th~s request as proffered · 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: (~~~~/~- ~~~ NEAR POST, L.L.C./# 25 October 8, 2003 General Information: APPLICATION NUMBER: L06-215-C RZ-2003 REQUEST: Change of Zoning D~stnct Class~ficabon from H-1 Hotel D~stnct, B-2 Community Bus~ness D~stnct, B-1 Bus~ness D~stnct and R-40 Res~denbal D~stnct to Conditional A-36 Apartment D~stnct ADDRESS: Property located at 1020 and 1040 Lask~n Road and a port~on of Parcel A located on Oriole Drive M~p ~ Mo Not to Scal~ Near Post, LLC R-40 Condmonal Rezonmg GPIN: 2418613236, 2418616228, and portions of 2418246584 and 2418517557 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 1 ELECTION DISTRICT: SITE SIZE STAFF PLANNER: PURPOSE: APPLICATION HISTORY: 5 - LYNNHAVEN 5 9 acres Faith Chnsbe To rezone the s~te from H-1 Hotel District, B-2 Community Bus~ness D~stnct, B-1 Bus~ness D~stnct and R-40 Res~denbal D~stnct to Condibonal A-36 Apartment D~stnct and develop 90 mulbple-famdy dwelhng un~ts, parking and associated recreabonal amen~bes Th~s request was deferred at the August Planning Commission heanng to prowde bme to address several outstanding ~ssues The request was deferred at the September heanng due to an advertising error Major Issues: Compabbd~ty w~th the surrounding uses Consistency w~th the recommendabons of the Comprehensive Plan Land Use, Zoning, and Site Characteristics: Ex~stinq Land Use and Zonin.q Currently the Seashore Motel, a Hardees restaurant and a small port~on of the Cavaher Golf Course occupy the property The property ~s zoned H-1 Hotel, B-1 and B-2 Bus~ness and R-40 Res~denbal Surround~nq Land Use and Zoning North: South: · Cavaher Golf Course / R-40 Res~denbal · Lask~n Road · Across Lask~n Road are restaurants, small Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 2 East: West: service businesses, condominiums and offices / B-2 Bus~ness and A-18 Apartment Merchants T~re Company / B-2 Bus~ness Offices / 0-2 Office Zon~n.q and Land Use Statisbcs With Existing Zoning: W~th~n the H-1 Hotel D~stnct porbon of the s~te, all of the uses permitted ~n H-1 such as hotels, parks and public buildings and recreabonal and amusement fac~l~bes If the s~te were redeveloped w~th a hotel/motel the allowed density would be 264 un~ts W~th~n the B-1 and B-2 Bus~ness D~stnct porbon of the s~te, all of the uses permitted m the B-1 and B-2 such as offices, retail, restaurants, pubhc buildings, and automotive sales and service W~th~n the R-40 Res~denbal D~stnct port~on of the site, all of the uses permitted m the R-40 such as s~ngle- family dwelhngs, golf courses, churches and public grounds and buildings With Proposed Zoning: N~nety mulbple-fam~ly dwelhng un~ts, associated parking and recreational area (If the s~te was rezoned to A-36 Apartment w~thout a proffered restncbon on the number of un~ts, the allowed density would be 212 un~ts) Zon~n.q History A port~on of the proposed s~te was rezoned from R-S 3 Residence Suburban to L-C 1 L~m~ted Commercial ~n 1963 Unbl 1973, the balance of the proposed s~te was zoned R- S 3 Residence Suburban w~th a T-1 Supplement W~th the adopbon of the Comprehensive Zoning Ordinance ~n 1973 the s~tes were zoned H-1 Hotel, B-1 and B-2 Bus~ness respecbvely The Seashore Inn was constructed ~n 1952 as an accessory to the golf course The Hardees Restaurant was constructed ~n 1969 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 3 i I Air Installation Compabble Use Zone (AICUZ) The s~te ~s ~n an AICUZ of 70 to 75dB Ldn and an A~rcraft Accident Potenbal Zone (APZ) II surrounding NAS Oceana The Un,ted States Navy comments that "res~denbal land use ~s not compatible" w~th~n the 70 to 75 dB Ldn AICUZ zone The Un~ted States Navy "would wew residential development of th~s s~te as an encroachment upon operabons at Naval A~r Stabon Oceana" Public Facilities and Services Water and Sewer The s~te has an ex~st~ng water meter that may be used or upgraded w~th the development The s~te ~s connected to c~ty sewer Sewer pump stabon analys~s for Pump Stabon 107 wdl be required dunng detaded s~te plan rewew to determine ~f the proposed flows can be accommodated Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP): Lask~n Road ~n front of th~s site is a major urban arterial facd~ty It ~s ~dentlfied on the MTP for a 150-foot right-of-way However, CIP Project 2-165 Lask~n Road Phase II, which ~mplements the recommendabon of the MTP, proposes the w~den~ng of Lask~n Road to six lanes (d~wded) and a bikeway Currently the V~rg~n~a Department of Transportabon (VDOT) is designing a plan for th~s secbon of Lask~n Road The ulbmate right-of-way shown on those plans ~s less than 150 feet and ~nd~cates that minor (one to two feet) right-of-way reservabons may be required along the Lask~n Road frontage to accommodate the new roadway The applicant has been g~ven cop~es of the proposed alignments and ~s aware that right-of-way may be required dunng detaded s~te plan rewew W~th the m~nor nature of the reservabon, the apphcant w~ll stdl be able to meet setback requirements from the right-of-way as required by the C~ty Zoning Ordinance The Department of Pubhc Works / Traffic Engineering D~ws~on notes that the entrance on Oriole Drive wdl not be allowed unless sufficient s~ght d~stance can be prowded for the traffic ex~bng the s~te Th~s wdl be further examined dunng the s~te plan rewew process Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 4 , I Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~st~ng Land Use z_ 1,400 Lask~n Road 28,454 31,700 ADT ~ ADT ~ Proposed Land Use 3_ 97 Average Daffy Trips as defined by the ex~sbng hotel and restaurant as defined by 88 luxury condom~mums Schools School Current Capacity Generation ~ Change 2 Enrollment L~nkhorn Park 647 702 6 6 Elementary V~rg~n~a Beach 841 1,43 3 3 M~ddle Cox H~gh 2,040 2,018 4 4 1 "generabon" represents the number of students that the development w~ll add to the school 2 "change" represents the d~fference between generated students under the ex~st~ng zoning and under the proposed zoning The number can be poslbve (additional students) or negative (fewer students) Public Safety Police: The apphcant ~s encouraged to contact and work w~th the Cr~me Prevenbon Office w~th~n the Police Department for cr~me prevention techniques and Cnme Prevenbon Through Enwronmental Design (CPTED) concepts and strategies as they pertain to th~s s~te A s~te hghbng plan wdl be required dunng detaded s~te plan review Fire and Rescue: Pnvate fire hydrants must be maintained annually F~re hydrants must be w~th~n 500 foot of residential mulb-famdy structures On-street parking should be located on only one s~de of the Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. I # 25 Page 5 , i streets ~n the complex ~n order to ensure access to the buddings by fire and rescue vehicles F~re lanes wdl be required The m~n~mum fire lane w~dth should not be less than 18 feet, and under some cond~bons, a greater w~dth may be required These ~ssues wdl be addressed dunng detaded s~te plan rewew Gated s~tes should prowde for F~re Department access using the Knox or Supra key system Electrically operated gates must have a fa~lsafe operabon ~n the event of a power failure Security for ~ngress and egress must be approved by the F~re Marshal so that the fire department access ~s not obstructed Gas grills, charcoal grills or s~m~lar dewces w~ll not be allowed on combustible balconies or w~th~n 10 feet of combusbble construction A certificate of occupancy must be obtained from the Building Official before occupancy of the structures Comprehensive Plan The Comprehensive Plan Map designates th~s area as suitable for retad, office, and other compatible uses within commercial centers serving surrounding neighborhoods and commun~bes However the Oceanfront Resort Area Concept Plan (ORACP), a component of the Comprehensive Plan, recognizes the Laskln Road Corridor as the northernmost east/west roadway accessing the resort This gateway provides many ws~tors w~th their first ~mpress~on of the resort area The ORACP states that th~s gateway wdl estabhsh the k~nd of quality that one may expect throughout the Oceanfront Resort Area The Concept Plan also recommends that development ~n this area be ~n compliance w~th the pnnc~ples established for the Oceanfront Resort Area These pnnclples emphasize the following issues 1 Lask~n Road must be able to move high volumes of traffic desbned for the oceanfront resort, 2 Improvements along th~s corridor must exhibit excepbonal design quality (page B 15) Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 6 i I Summary of Proposal Proposal · The apphcant ~s proposing the consol~dabon of three parcels to develop a luxury condominium project The request ~s to rezone the three parcels from H-1 Hotel D~stnct, B-2 Community Bus~ness D~stnct, B-1 Bus~ness D~stnct and R-40 Res~denbal D~stnct to Cond~bonal A-36 Apartment D~stnct and to develop 90 mulbple-fam~ly dwelling un,ts, parking and associated recreabonal amenities Site Desiqn · The submitted conceptual s~te plan depicts ten buddings, landscaped areas, a pool and recreabonal budding F~ve buildings front along Lask~n Road, w~th four buddings located along the rear of the property A larger budding fronts on Oriole Drive S~ngle entrances from Lask~n Road and from Oriole Drive are also depicted on the plan Ornamental fencing ~s shown along Lask~n Road and Oriole Drive as part of the landscaping Vehicular and Pedestrian Access · Currently, there are four entrances to the s~tes from Lask~n Road and Oriole Drive S~ngle entrances from Lask~n Road and from Oriole Drive are proposed Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 7 , I w~th the project · S~dewalks along the right-of-ways w~ll be required as part of the detaded s~te plan rewew · Staff will recommend dunng detaded s~te plan rewew that ~nternal s~dewalks to the entrance of the buildings and to the recreabon area be ~nstalled Architectural Design · The buildings are a modified trans~bonal style, w~th varying heights of 2 stones to 6 stones The varying bu,ld~ng heights prowde wsual rehef and lessen the "walled" effect some condominium projects project from the roadways Two un~ts per floor are proposed for the buildings The exterior of the buddings are to be constructed of h~gh quahty cemenbbous clap board s~d~ng, colored off-wh~te, and brick veneer, complementary ~n color to the s~d~ng The s~d~ng wdl be ~nstalled horizontally on the first 3 to 4 floors and vertically on the top floors to prowde wsual relief ~n the bu,ld~ng walls · Part~ally gndded double-sash w~ndows w~th transoms above are proposed The w~ndows wdl be wnyl wrapped wood · The proposed h~p roof wdl be dark green standing seam metal Gabled end detads prowde wsual relief along the roofl~nes · Covered decks w~th storm shutter systems prowde wews of the golf course and waterways · Each unit w~ll have ~ts own garage, and most wdl have a double car garage Add~bonal surface parking w~ll also be prowded Landsca pe and Open Space The A-36 Apartment D~stnct hm~ts the lot coverage to 75 percent of the lot area The submitted plan depicts 69 percent lot coverage, leawng 1 8 acres of green area The apphcant ~s proposing to retain as many of the ex~stmg trees as possible on the s~te The buddings are s~tuated on the s~te to take advantage of the expansive wews of the golf course and waterways · The subm,tted conceptual plan depicts the required street frontage, foundabon and buffer landscaping Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 8 Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 Staff Evaluation: PROFFER # 3 Staff Evaluation: PROFFER # 4 Staff Evaluation: The property shall be developed and landscaped substanbally as shown on the exhibit entitled "Concept S~te Layout and Landscape Plan of the P~nes at B~rdneck" prepared by MSA, P C and dated 7-24-03 (hereinafter the "S~te Plan") The proffer/s acceptable as/t insures that the site w/Il be developed/n accordance w/th the submitted prehm/nary site layout plans The submitted pre/lin/nary site plan depicts a coordinated development of the site/n terms of design, parking layout and traffic control and circulation w/thin the site The total number of dwelhng un~ts on the Property shall not exceed n~nety (90) The proffer/s acceptable as/t//m/ts the total number of dwel//ng un/ts that may be constructed on the site If not //m/ted, the total number of un/ts allowed would be 212 Access to the Property shall be prowded from Lask~n Road and Oriole Drive and no vehicular access shall be prowded from Tanager Trad The proffer/s acceptable as/t//m/ts access to the site from Lask/n Road and Oriole Drive and prohibits any access from Tanager Trail Tanager Trail serves only the res/dents located on the southern s/de of the street This proffer protects the res/dents from intrusion of add/bona/traffic from the condominium As prewously noted m the Transportation sect/on of this report, the access on Oriole Drive must provide adequate sight d/stance When developed, the ex~sbng three curb cuts located on Lask~n Road shall be closed and the only access to the Property from Lask~n Road shall be restricted to one Iocabon as shown on the S~te Plan The proffer/s acceptable as/t el/m/nates curb cuts along Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 9 PROFFER # 5 Staff Evaluation: PROFFER # 6 Staff Evaluation: PROFFER # 7 Staff Evaluation: PROFFER # 8 Staff Evaluation: PROFFER # 9 Lask/n Road and restricts access to the site to a single entrance on Lask/n Road The architectural design and exterior building materials ubl~zed on the dwelling un~ts shall be substanbally as shown on the exhibit enbtled "The P~nes at B~rdneck" prepared by Sampson and Associates, P C and dated July 24, 2003 The proffer/s acceptable It insures that the structures w/Il be constructed/n accordance w/th the submitted elevations, which depict attractive buildings and high quahty materials The recreabonal facd~ty shown on the S~te Plan shall be constructed w~th the same architectural style and building materials as the primary structures on Property The proffer/s acceptable It insures that the recreabonal facility and area w/Il be developed w/th high quahty building mater/als/n a design complementary to the condom/n/urns An architectural fence shall be constructed along portions of the perimeter of the Property as depicted on the S~te Plan The design, materials and height of the fence shall be as depicted as shown on the exhibit enbtled "Architectural Fence Detad" prepared by Sampson and Associates, P C and dated July 24, 2003 The proffer/s acceptable The decorative fencing adds visual appeal to the s/re,/n add/t/on to defining the per/meter An enclosed one or two-car garage shall be prowded for each dwelling unit The proffer/s acceptable The Grantor shall dedicate a twenty-foot pubhc ubhty easement for maintenance and repair of the five-tach water hne located at the southern edge of the Tanager Trad cul-de-sac, and along the northern boundary of the Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 10 , I Staff Evaluation: property, or shall relocate the water hne subject to the approval of the Department of Publm Ubl~bes The proffer/s acceptable It insures that the ex/sting five- inch water hne runmng along the northern boundary of the property w/Il be relocated subject to the approval of Pubhc Ut/I/t/es or an easement for maintenance and repair recorded City Attorney's Office: The C~ty Attorney's Office has rewewed the proffer agreement dated July 25, 2003, and found ~t to be legally sufficient and ~n acceptable legal form Evaluation of Request The request to rezone the s~te from H-1 Hotel D~stnct, B-2 Community Bus~ness D~stnct, B-1 Bus~ness D~stnct and R-40 Res~denbal D~stnct to Cond~bonal A-36 Apartment D~stnct and to develop 90 condominium un~ts, associated parking and recreational area ~s recommended for approval as proffered The proposed development represents a dramabc reducbon ~n the number of un~ts compared to what could be built by-right on the s~te w~th the ex~sbng H-1 Hotel zoning (90 un~ts under th~s proffered rezon~ng versus up to 264 under the H-1 zoning) Th~s ~s s~gn~flcant cons~denng the fact that the s~te ~s s~tuated w~th~n the 70 to 75 dB AICUZ and Accident Potenbal Zone II The applicant worked w~th staff to produce a project that furthers the upscale ws~on for the Lask~n Road Corridor The building heights along Lask~n Road and Oriole Drive are vaned to create wsual rehef and to lessen the 'wall' effect that large buildings can estabhsh along roadways The proposed landscaping and ornamental fencing along the roadways wdl soften the eye level ws~on of the proposed buddings The proposed budding materials are of h~gh quality and are complementary of one another The buddings are s~tuated on the s~te to take advantage of the expansive wews of the golf course and waterways Several ex~sbng entrances from Lask~n Road wdl be eliminated The redevelopment of the s~te w~ll present a pos~bve ~mage for the surrounding area and th~s gateway to the Oceanfront Resort Area Therefore, staff recommends approval of the request as proffered Planning Comm,ssion Agenda October 8, 2003 NEAR POST, L.L.C./~ 25 Page 11 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 October 8, 2003 NEAR POST, L.L.C. / # 25 Page 12 M~ L-6 Ma Not to Scale Near Post, LLC R-40 B-2 R-40 Conditional Rezon~ng ZONING HISTORY 1 6-18-63: Rezon~ng (R-S3 Residence Suburban to L-C1 bm~ted Commercial) -.Approved 7-8-85: Conditional Use Permit (Multiple-family dwellings) - Den~ed 2. 6-18-63: Rezon~ng (R-S3 Residence Suburban to C-G1 General Commercial) - Approved 1-3-66: Conditional Use Permit (Gasoline Station)- Approved 11-27-90: Condibonal Use Permit (t~re installation) - Approved · , · Plann,ng Comm,ss,on Agenda October 8, 2003 NEAR POST, EEC./~ 25 Page 13 Building 7 Il, Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 14 Building 4 ~ Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 15 Buildings Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 16 l Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 17 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 18 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 19 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 20 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 21 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 22 I I DISCLOSURE STATEMENT ........ . ~ '".'"1]] . . U ~ ' · ~ ~ ............................................................................... Applicant's Name: Near_ Post~ LLC. a V~r~n!a limited hablh~ com. Pan..v ...... List All Current Property Owners [nternetmo~! lnvest~s., a Viminma..pe~ersh!p ................................... APPLICANT DISCLOSURE If the apphcant ~s a CORPORATION, t~st all officers of the Corporabon below: (Attach list if necessary) If the apphcant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners m the organization below (Attach list ri necessary) John C White,. Man. a~linf:l Member I-! Check here ~f the apphcant ~s NOT a corporabon, partnership, firm, or other unincorporated organizabon. If the applicant is not the current owner of the praped'y, complete the Property Owner sm:don below: PROPERTY OWNER DISCLOSURE if the property owner is a CORPORATION, llst all officers of the Corporation below: (Attach l~st · necessary) If the property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners m the organ~zabon below (Attach list ri necessary)~,~.~..atte,C~lrl..e,d Exh!b!t for !.~st .of Partners [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organ~zabon CERTIFICATION~ I certify that the information contained herein is true and accurat~ ~g-na~ ............. Print Name Rezoning Application Page 10 of 15 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 23 DISCLOSURE STATEMENT i ~...:..:~:: ~:.::r.,w* ~::~:~=-~:±::::-:~: ::-: - ~:: : .. :~.. ~: ......... ? . · · Applicanl's Nan,: Near P_o~.~I.,._LLC~...a Vir~nia I,m~ted li~l~.C_~n~ ........ ~t Ni ~nt Pm~ ~~: I~Uonai Inve~tom. a Vira~ia ~an~_~p APPUCA~ ~LOSURE If t~ ~pl~nt is a CORYDON, i~st ail officers of ~e Cor~mt~n ~: (Aaach Ii~ if If the applicant is a PARTNERSHIP, RRM, or other UNINCORPORATED ORGANIZATION, list all members or parmers in the organizabon below: (A~tach hst ff necessary) ~ohn C. White, Mana_~ln~ Member E] Check here t! the applicant is NOT a coq)oration, partnership, firm, or other unincorporated organization. if the apl~cant Is not tt~ curtain owner o~ ~e ~~, ~e~ PROP~ OWNER DISCLOSURE tf t~ pricey ow~r is a ~RPORA~ON, list all ~rs (A ~ list if n~e~) If the property owner ~$ a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partnors m tho organization below: (Attach list if necessary)_See attached Exhibit for list ~ Partnem . ~ ................ Check here if the property owner is NOT a corporation, partnership, firm. or other umncotporated organ~zahon. CERTIFICATION: I c~rti~ that the information contained herein is true and accurate, Rezonmg Application Page 10 of 14 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 24 DISCLOSURE STATEM'E'N' ' :']I Applicant's Name: Near Post, LLC, a Virginia limited habJlit¥ c0.mpan¥ .............. List All Current Property Owners' BNE Restaurant Group !.!,. LLC, a Delaware limited habilit¥ company APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach hst if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) John C. White, ManaRinR Member I-i Check here if the applicant ~s NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Property Owner section below: PROPERTY OWNER DISCLOSURE If the property owner ~s 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, hst all members or partners ~n the organization below: (Attach bst if necessary) See attached Exhibit for hst of Members r-'! Check here if the property owner ~s NOT a corporabon, partnership, firm, or other unincorporated orgamzation CERTIFICATION' I certify that the information contained herein is true and accurate. See Attached Signature Page for BNE Restaurant Group II Signature Print Name Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 25 S~gnature Page of BNE Restaurant Group, II, L.L C. A V~rgin~a limited liability company Property Owners to Conditional Rezon~ng Applmabon Property Owner Disclosure BNE RESTAURANT GROUP, II, L L C A Delaware hmited hab~l~ty company By BNE Restaurant Corp. A Delaware corporation, Managing Member By Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 26 Applicant's Name Near Post.,.. LLC,._a: V!r.glnia limited t!ab~llty company ............... List All Current Property Owners. Cavaher Golf..&.~cht Club, a Vir.qin~a corporation APPLICANT DISCLOSURE If the applicant is a CORPORATION, list alt officers of the Corporation below (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst ali members or partners in the organization below (Attach list if necessary) ~..o..,h.n.. ~.,,.~!.te, Mana~ln;I Member I-I Check here ~f the applicant is NOT a corporation, partnership, firm, or other unincorporated organizabon. If the applicant is not the current owner of the property, complete the Property Owner section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, hst all officers of the Corporabon below: (Attach I~st ~f necessary) See attached Exhibit for hst of Officers If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organ;zation below- (Attach list if necessary) I-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. Signatur~ ..... --~ Print Name Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 27 Signature Page of Cavalier Golf & Yacht Club A Virginia corporation Property Owners to Conditional Rezoning Apphcation (Page 9 of 14) CAVALIER GOLF & YACHT CLUB, A V~rg~nia corporabon VB239370 Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C. / # 25 Page 28 Exhibit International Investors A Virginia partnership 1072 Laskm Road Suite 105-C Virginia Beach, Virginia 23451 Telephone (757) 422-2020 Partners. Lloyd Tarbutton Kenton L Tarbutton C Todd Woolston Gregory A Tarbutton BNE Restaurant Group tl, LLC A Delaware hmlted habdlty company 1021 Noel Lane Rocky Mount, NC 27804 BNE Restaurant Corp., a Delaware corporation Managing Member W~lham L Boodle, President W Craig Worthy, V~ce President Debra Baker-White, Vice President Michael Hancock, Vice President of Property Management Dawd W Schmltt, Vice President Debra Baker-White, Treasurer K~mberly L. Webb, Assistant Secretary Angehne Meredith, Assistant Secretary Cavalier Golf & Yacht Club A V~rgm~a corporabon t052 Cardinal Road Vaginia Beach, Virginia 23451 (757) 428-3131 Officers: Detbed M. Corum, President Ronald J Foresta, V~ce President Joseph H Robins, Treasurer Robed, L Young, Secretary Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 29 DEPARTMENT OF THE NAVY N~VAL AlP. S'[AT~ON OCF_.ANA 1750 TOMCAT BOULEVARD ViRGiNiA P~EACH VtRG~NIA 234~JO 2368 IN ~..P~Y RE ER T~ Se[ .~2, 0220 June 5, 2003 Thank you for the bpp~,rt,.]n~ty to comment on the rezonzno rcuucst t~ Near Pest LLC and thel~ prnposed apartment ccP~t~uctlon on L~skin Road. Th~ ~te ~s located in Accident ?ctont~ai Zone Two tAPZ-2} ar, d in ~he ~0-7~ decibel fd~ 3. a%-mzqht average (Ldn~ no,se zone. T:'e Nav}'s The Havy acknowledges Lhe landowner's des're to devclup '*~ir propezty, but i u~ge you to deny the;r =equcst. We v.ew r~s,det~t]al development it this ~t~ as an r.~n cper~t~ons a~ Naval A~r Station Oceana. if you have q[;~b~m~PS, pl,~ase conrac~ my Co~r~un~ty Plann~r,c Llal'snn Ray F~renze ~t ('3~) ,133-315~. S~ncerely anc very Planning Commission Agenda October 8, 2003 NEAR POST, L.L.C./# 25 Page 30 R J Nutter, II rj nutter@troutmansanders com TROUTMAN A T T O R N E Y S A T A LIMITED LIABILITY PARTNERSHIP 222 Central Park Avenue Suite 2000 VIRGINIA BEACH VIRGINIA 23462 www troutmansanders com TELEPHONE 757 687 7500 FACSIMILE 757 687 7510 SANDERS LLP L ^ W October 8, 2003 D~rect D~al 757-687-7502 D~rect Fax 757-687-1514 B Y HAND DELIVER Y Ms Faith Christie Planm-ng Department Operations Building, First Floor Vlrglma Beach, Virginia 23456 RE Near Post LLC Rezonlng Application Dear As you know, this application was deferred from the Planning Commission's September agenda to ~ts October, 2003 agenda During that time period, we had occasion to meet with the Cove Point Condominium Association Board of Directors and their attorney One of the pnnmpal concerns rinsed by the residents of Cove Point was that with one of our proposed access ways to our project on S Oriole Drive While the Department of Public Woiks has not yet approved the location of that access way, the concern l alsed by the residents of Cove Point was that the vehicles entenng my client's property from S Oriole might back up traffic on S Oriole to the point wheIe the residents of Cove Point might not be able to get into then condominium project While we advised them that my client's apphcanon would substantially reduce the projected traffic on S Oriole and Lask~n Road from that allowed under existing zonings, we agreed that we would seek permission from the City to add a left turn lane ~nto our site on S Oriole Drive Consistent with this, my client ~s willing to move Bmldlng #9 further west approximately 10' to 12' and to dedicate that alea to the City and construct the left turn stack lane on S Oriole Drive We recognize this is an issue that is addressed at the s~te plan process, but we wanted to make clear our ~ntentlons and our willingness to construct improvements within the public right- of-way that will benefit the residents of my chent's proposed project, as well as the residents of Cove Point Condominiums A FLANTA o HONG KONG ' LONDON ° NOP. FOLK o RALEIGH o RICHMOND TYSONS {~ORNER * VIRGINI-N BEACH ° WASHINGTON, D C TROUTMAN SANDERS LLP ATTORNEYS AT LAW A LIMITEO LIABILITY PARTNERSHIP Ms Faith Chnstle October 8, 2003 Page 2 Thank you for your assistance with regard to this matter S ~ n c e/~e__lsv,. / · / / / '/./// \,.~/ R J Bfutter, II CC Mr John C White Michael H Nuckols, Esquire Document2 Item #25 Near Post, L.L C. Change of Zoning District Classification 1020-1040 Laskln Road and portion of Parcel A, Oriole Drive District 5 Lynnhaven October 8, 2003 REGULAR Robert Miller: The next item is Item #25, Near Post, L.L C R.J Nutter. Mr. Rlpley, members of the Commission. I want to thank you. Ronald Rlpley' It's tough when you get deferred. You get deferred and you get called to the back. R.J. Nutter: I bet the group that you called up earlier, and they've seen that application, and they ought to be thanking you right now At any rate I want to thank you, not for only heanng ~t, but for not taking a break. Donald Horsley: I agree Mr. Chairman Eugene Crabtree: Can we have a 15-minute recess? R J. Nutter I can imagine you're tired. First of all, let me introduce myself My name is R.J. Nutter I'm an attorney For the record, I represent the applicant Near Post This is Dan Sampson. He is the architect for this project, who has done a terrific job In addition to that is David Miller. David is an attorney representing the Cavalier Yacht and Country Club, who has the street closure for this application, who ~s in the front row as well While I am at it, Mike Nuckols is here. Mike is representing the Cove Point Condominium Association with whom we met with recently, and I think have come to accord. Having said all those things and introductions let me try and briefly go through th~s apphcatmn w~th you. It was on your last month's agenda It's actually been on your agenda on two prior occasions While this is the first time you've had the opportunity to hear it, it is probably the third time you've been briefed on it by your staff, so I will try to be very brief Mr. Rlpley. First let me tell you that I th~nk the highlight of this application is in fact it is 5.9 acres The property consists of portions that are zoned H-l, B-2, B-1 and R-40. It's current zoning would allow for an ~ntenslty use far in excess of what is on the property today, and what is being proposed in this application. It is located at the entrance to City's Gateway ProJect, which is recognized in the Comprehensive Plan and amendment to the Comprehensive Plan, and recognized in the new Comprehensive Plan, which is under consideration today. So, this property plays an important role in what happens in this area of the city. We recognize that, and as a result we have paid a lot of attention to the quahty levels that the city is looking for, for a project in the Gateway center of the city As I indicated to you the property is currently zoned H-1 and would Item #25 Near Post, L L.C Page 2 allow 260 some units on the property by right The existing hotel facility that's there today is probably most kindly referred as an area that this IS somewhat at risk. I would tell you all the comments from the residents of the neighborhoods around it, Birdneck Point and others, they would tell you some horror stories about what has gone on at that hotel over the course of the years. It is frankly an area that needed some serious redevelopment, and that is what this project brings to you. To give you an idea of the financial degree of that development you can look at this a many number of ways. If you look at ~t from a zoning context it's a substantial reduction in the densities, traffic impacts and other th~ngs that could affect the property and the area around it. If you look at it at a context of the zoning restrictions, which most are H-l, B-2, and B-l, they are all unrestricted. They're not conditional. Any use can go there without review by the city outside subdivision and site plan ordinance. What we bring to the table then is a redevelopment that makes it fully conditional. It restricts the density down well under what is there today Frankly, it brings a stunning project right to the Gateway of the city. As I indicated to you as another way of measuring it as a financial way, and right now the estimated value, and this is being very kind of the improvements on the project, is somewhere just under five million dollars The estimated value of this property after development will be In excess of 50 million dollars So, it is a ten-fold increase in public benefit, if you are a taxpayer, while all the time putting conditions on it and reducing the intensity of the development. The development consists of really a series of individual buildings that house a total of 90 condominium units. The units range in size from about 2,000-3,000 square feet The beginning sales price of these units will be about $385,000, and they'll go up to about $750,000 and that is without extras. I think the reality is that they will go from $400-800 thousand dollars and up This property enjoys a vista of the golf course, Cavalier, that is unrecogmzed to many of us because we are used to driving by and seeing the hotel What you realize is once you remove the hotel that you have a dynamic wew down that golf course and even a view of over the water, which is the same view that is enjoyed by the Cove Point Condominium Association, which is right on the water So, our concerns of this project were therefore then how to design this to meet the quality levels and the capability levels, and we think we've accomplished that. Now, first as I told you, the series of buildings are depicted on the site plan, and I want to pay particular attention to a couple of details In working with staff, Bob and his office on a number of occasions, we agreed to reduce the height of the structures along BIrdneck Road I'm sorry, along Laskln Road to five story structures and the rear portion of those same structures would be six stories. Conversely, we get the same exact th~ng on the golf course as five stories along the golf course and six stories on the interior. The building has drawn a lot of attention, and I want to point this out to you and that is the building over here on South Oriole Drive. This building, and we have a rendering of that, and if I could go perhaps to the next one. This particular elevation depicts the location. Laskin Road would be here and South Oriole would be here. This is the Merchant's Tire and Auto on the comer This is the building that I'm speaking about and I've pointed these th~ngs out to you in the record because I promised Mr Nuckols and the Cove Point Condom~mum Association that I would make a particular reference of these features This ~s a structure that really goes from two to three to five and SlX stories It is designed to be two stories here because ~t is adjacent to structures across the street that are two Item #25 Near Post, L L.C. Page 3 stories and in some cases three story structures So, we had to pay particular attention to that, and this is all part of the proffered plan that is submitted to staff and apparently this particular rendering did not make the staff's web page so we told them that we would make a particular point of pointing it out to them in the presentation that this would be the building, that is in fact intended for the property and proffered for the property. The other nice components of this are that we brought this application to not only with staff comments for review and their recommendation but we also presented this proposal to the Resort Advisory Commission as a request to the Resort Advisory Commission. They also have recommended approval of the application We have met with the Blrdneck Point Civic League and the Blrdneck Point Civic League has also voted to recommend approval. I have a letter from them and in fact, I'll be happy to pass out to you. Most recently, we've met with Cove Point and they asked us to address several Issues and I want to take a little time to do that. One I've already addressed with you, namely the building that's adjacent to the entrance to their property The other issues they were concerned pnnclpally had to do with, and I could go back to the perhaps the plan of entry zoning map Ashby Their access way is right here off of South Oriole Drive. They were concerned about traffic stacking up entering this property because we have an access way proposed back here and our pnnclpal entrance IS here, but as you all know there's a median that goes along here with no median break. If you're coming from a westerly direction traveling east then when you come to this light you have several ways of entering the property You can go up to the Birdneck Point entrance and go down the feeder and come in that way. You can go down Laskin Road to Oriole and either do a u- turn, which is rather tight quite frankly, do a u-turn here and come in that way, or you can go down to Oriole and enter the property in that direction So, there was concern that there would be increased traffic on Oriole and Oriole is only 30-foot wide right-of-way Although we showed them and they didn't deny that with this reduction in density, and as your staff report points out we are reducing the amount of traffic per day from 1,400 to about 97 vehicle trips per day They acknowledged all that What we agreed to do in short, and we submitted a letter to Faith that says we would agree to move this first building which is right here further to this direction by 10-12 feet so we could dedicate about a 10 foot area along here so we could install a turn lane for stacking into our site We have no objection to that whatsoever. The staff would have to agree to that during site plan approval, but we have proffered that. I shouldn't say that but we have written to staff requesting to be able to do that. We urge the civic league to work with us to make that happen We hope to work with the district representative on Council to pull that in, and agmn we would be making those improvements. I see the light is coming so I'll try to wrap up briefly Ronald Ripley. The light has come and gone. R.J Nutter' Come and gone? I would like to pass this letter out to you, and I'll probably respond if I could to any questions Ronald Ripley: I'm sure you'll find ways of getting your points out Item #25 Near Post, L.L C Page 4 R J. Nutter You are all very good about letting us add to and address questions because they are questions here. I want to make sure that we got those points out to the civic league Ronald Rlpley: Okay Thank you very much We have a John Mllleson to give support of this Do you wish to speak? John Mdleson' Hi. I'm John Mllleson. I'm the General Manager of Cavalier Golf and Yacht Club I'm here on behalf of the Board of Directors, who are unanimously supporting this project We believe it will add greatly to the entire neighborhood of Blrdneck Point, and it's a very suitable part of what we see as beneficial to the city at large Thank you Ronald Ripley. Thank you very much. Are there any questions9 Is there anybody else to speak in favor of the application? In opposition is a Mike Nuckols, an attorney with Fraggert and Fneden Is this who you are representing, the Cove Point Condominium Association? Mike Nuckols That's correct. Ronald Rlpley: Okay. Mike Nuckols: I thank you for heanng me I wasn't sure to sign up in opposition or in favor You don't have a box that's in between, and that's where I am right now with the Association Ronald Rlpley' Okay Mike Nuckols: We have met with representatives of the applicant, Mr. Nutter, and we've been able to work through a number of issues and concerns that we have had initially and quite frankly, the Association would really like to support this project 100 percent. They think it's an excellent project It has a lot of merit to it There is one major issue however that concerns the Association and the residents of Cove Point, which is that intersection at Oriole Drive and Laskln Road. Currently, I am told that there are times when residents try to exist the condomlmum have to sit through two or three light cycles just to get on Laskin Road The reason for that is because the road is so narrow that unless people pull over far enough to make a double lane, you can't make a right turn to exit on to the feeder road. There is also quite a bit of traffic there and so it's a concern We also realize that it's one that this developer doesn't really have any real direct control over, but it is something that the city has some control or ability to control. We want to employ the city to look at this intersection and to take an affirmative action to make the improvements that really are needed for this intersection There are a couple of proJects on the other side of Laskm Road that are currently underway as I understand it that would also empty into this intersection creating additional traffic back up and tie ups. Unless something is done soon it's going to be a major problem for everybody worse than it is , Item #25 Near Post, L L C. Page 5 now What really brought this to our attention is the fact that there really will be no median break for this project As R J pointed out, if you want to enter into the main entrance you either have to get on that feeder road at the Blrdneck light or you will have to come to Oriole and make u-tum either onto Laskln or on to the feeder road, which further ties up traffic trying to exit or turn right coming out of Oriole and go west on Laskln Road It's the sense of the Association that people who are trying east on Laskln who want to enter this project are not going to bother with that u-turn and are not going to turn onto Blrdneck Road, they're going to come to Oriole, make a left and go down and turn into the entrance that's projected and proposed off of Oriole. The applicant has addressed that issue by offering to establish a center turn lane going into the project and that helps in that direction but it doesn't help exiting onto Laskln When you add these new developments into the mix it's really going to create a headache and some potential problems that quite frankly are already there in many ways. The feeder roads are difficult to negotiate in any event I don't know if you ever tried to make a turn at that intersection at all but I have. I used to work down there back in the mid to late 80's, just down the road at the Blrdneck intersection. Even at that time, entenng on to that feeder road was a problem. I know it's only gotten worse since that time As I say, the Association would really like to support the project because they think it is an excellent use, but we also would like the Planning Commission and the City Council to add to their agenda a project that would take care of the issues and problems and traffic congestion that currently exists and is only going to be made worse by these additional projects entenng into the intersection. I'll be happy to answer any questions Ronald Rlpley: Mr. White, can I ask you something9 Stephen White. Sir. Ronald Rlpley' With the Laskln Road improvements, we got one side of Laskln Road that is going to be improved up to about Blrdneck, just a little bit beyond and the second one all the way to the Oceanfront. Are there preliminary plans out showing how Laskln Road will be treated in this area, which might alleviate some of the concerns of Mr. Nuckols9 Stephen White: For this section of Laskln Road, those plans are currently under design We looked at the conceptual, and my feeling is that some of these issues, if not all of them, will be resolved by those plans and what's being done with that. However, I've got to tell you that those plans are conceptual at this point. They are not final. The other thing that is noted in staff report is there are still issues with that access point on Oriole, and that is an issue that would have to be addressed during site plan review Traffic Englneenng itself is not comfortable with that access on Oriole, as of yet, and that access may not even be there. There are still some issues to resolve as far as turn lanes and those kinds of things Ronald Rlpley: Even going a step further though, I think they can take into harp with what Mr. Nuckols says here, and take those notes back to traffic to explain the concerns Item #25 Near Post, L L.C Page 6 of those of the Association as they go a long ways if you fit It into the plan. Stephen White: Absolutely. Ronald Rlpley: If you all would do that we would appreciate it Stephen White: We'll be glad to. Mike Nuckols: The biggest problem with the Laskln Road project is waiting on because there ~s no real time frame as I understand It That's where the Association coming from. They really do like the project, but this intersection is trouble now, and is only going to get worse. Ronald Rlpley: Your comments will bnng focus to it I'm sure Mike Nuckols: Thank you. Ronald Rlpley: Thank you very much. We have Ray Flrenze from Oceana. Ray F~renze: Good afternoon. My name is Ray Firenze. I'm representing the Navy at Oceana, and I'm here today in opposition to the proposed. Before I start I'd like to tell you, Mr. Nutter, I've met w~th him and his staff, his architect and all the concerns that I'm going to lay out for you here I shared with him a week ago. This project is two and half miles northeast of Oceana in a 70-75 decibel day/night average noise zone. It's in accident potential zone number two It's directly ahgned to our runway two three, which accounted for 47 percent of 218,000 annual flight operations in 2002. That is about 102,000 operations. What you see there ~s one strmght line coming off the ocean, but that actually represents five different fl~ght tracks. For example, there are two flight tracks that I analyze, two radar type approaches between September 2002 and August 2003. We over flew that area 4,891 times, and that's just two of the tracks. So what does that mean? It's two and half males, at about five miles at 1500 feet the airplane starts final descent ~nto the runway At 300 feet a male the rate of descent we're going to be over the top of that complex at 800 feet. So what does mean? It means that were going to over fly that place quite frankly and at night, no doubt. Using metric caught sound exposure level and what the sound exposure level does is ~t measures the ~mpact of the noise duration, the maximum and m~mmal db levels, so what they can expect is an F-18 right now, Hornet, at a 1,000 feet ~s 109 decibels and a Super Hornet, which we are getting. Now the last t~me I was up here that decision hadn't been made It's going to be 114 decibels, but ~f you want to compare some decibel levels, normal conversation ~s 60 db and a rock concert ~s a 110 db. So you w~ll have 100,000 rock concerts flying over year. It's not only about jet no~se. It's also a safety issue about putting th~s complex in an accident potential zone. Oceana and Fentress are 24-hour facd~tles. We ask that you consider our concerns on your way to a final decision and hke our letter stated from Capt Keeley, that we view further development in this area as incompatible and an encroachment upon operations at Oceana That's it. Thank you I Item #25 Near Post, L.L C. Page 7 Ronald Rlpley Are there questions of Ray9 Ray Flrenze. Thank you. Ronald Rlpley: Yes, Mr. Nutter, please. R.J Nutter Thank you I want to thank Ray and the gentleman that he brought with him and I keep forgetting his name. Forgive me. Ray Flrenze: Bobby Roundtree. R.J Nutter. Bobby Roundtree Thank you very much. We appreciate the opportunity to meet with them. We shared with them quite a bit of information about this project and now just what we showed you but a lot of the construction details. I shared a little bit of that with you This is not a normal stick and brick construction. When you go to six stories in height and five stones in height these buildings are all constructed out of concrete and steel. They have the heaviest of installation and windows. So from the sound effect, they are built to standards that, quite frankly that most residential buildings in this area don't meet at all, well in excessive. Secondly, we've tried to point out and I think and they don't deny. This is a little different then other applications that have taken a more public stand on where the zoning is not in place and where you have a situation where the existing zoning allows a degree of intense development far and excess of what's being proposed In fact, this is definitely a reduction in the number of people living, working, and being in and around that same exact area with this application That's the one point that I think I can almost leave with you, because there is no other way to reduce the potential impact on what can be built on that property other than a rezomng application and otherwise you can go 267 units plus B-1 and B-2 properties in additional to that, unconditional. As you may know H-1 district does not have height limit We have a height here in this case of 85 feet at the highest point If there were no zoning there, I would have a difficult time making this presentation But the fact is that we're reducing what's there and that's an improvement in terms of what the potential problems are here Secondly, we're building this to standards that far exceed residential normal standard Third, let me tell you that the normal buyer and what we're finding is that the buyers for these properties are interested ~n the properties as staying there for only months a year. Most of these are second homes for them. This is what we shared with the other condominium owners at Cove Point as well The other is, quite frankly is that many of them live right in and around this area today and at Cove Point, we've talked with them and we've talked with and we've met in their room, which is just right across the street. They know it very well and several of them expressed some interest in it. I just want to tell you that people, who live, work and play in this area no this issue They like the Navy they think they are an asset. They use the ability to live on that property as an asset. This is the only thing that I can tell you that we'll actually reduce the concerns that the Navy might have by reducing the dens,ties or by right can be built on the property. That is how we tried to address their concerns. That is why we think this distinguishes us from other cases that they have taken a public position on. Mr. Rlpley, i Item #25 Near Post, L L C. Page 8 thank you for the opportunity to respond and rebut, and I'll be happy to answer any questions We've got everybody here and if you have any questions whatsoever. Ronald Rlpley: Are there any questions of Mr. Nutter? Barry Knight. R.J, two questions. Is any person who buys the condominium unit going to have a disclosure? R J Nutter' Yes sir Barry Knight I mean, Oceana was here first. They need to understand that, right9 You're signing this document, and I'm sure that Ray will probably and hopefully won't get any complaints, but they were put on notice when they bought this condo unit. R.J. Nutter. That's correct In fact, we've suggested in this case, and in fact Ray asked us if we would consider what he called a "sight specific" warning. Not just what IS required in the ordinance but one that identifies the particulars are there and the number of fights that apply. We certainly have no objection to that. Barry Knight' Number two. I noticed that in the 70-75 decibel range and course that is outside. If someone was in their house what type of reduction do you get on decibel rating by being inside by the way you're going to construct this building? R J. Nutter: I would have to ask Dan. I know it's a big one because this IS so much better than my home. My home is built with sticks and basically with lumber I don't have concrete doors and steel construction I apologize. If it held up dunng the hurricane, I guess I'm okay It is not the normal wood frame construction. Dan, if you can try to address that Dan Sampson: Again, I'm Dan Sampson with Sampson and Associates Architects We're the design architects for the project. The city ordinance requires and establishes a minimum a STC rating for the exterior walls within each of the different sound zones We certainly anticipate and will anticipate exceeding those requirements. I think the STC rating In that area has to be at least 56, which translates to essentially six inches of steel planks with installation, a couple of layers on either side. There will be siding on the outside. The roof also has similar sound attenuation requirements and in addition to our efforts we will be employing an engineer will be involved in the design of the building and also give us the opportunity to ensure that our construction is going to deal with the sound issues that are there, if we don't it is not going to sell So, we haven't done anything for our client unless we do provide that level of construction Overall, the building is planning on being a steel structure with pre-cast concrete planks. The central core will be a masonry structure inside the bmld~ng. Barry Knight Can you give me a number as far as decibel reduction? If it's 75 sound on Item #25 Near Post, L L C. Page 9 your porch, can you give me a number what you will think it will be inside with the windows closed? Dan Sampson: No. Other than that it will be definitely what the ordinance requires and probably greater than that. Barry Knight: Hopefully greater than that Dan Sampson: Certainly greater. Barry Knight. I'm sure you're going to exceed the minimums, I would think. Dan Sampson: To give you a specific number, I would risk the probability of being wrong. That's not something I'm involved in. I'm telling you that our staff will include or the team that's designing will Include acoustics as well. Barry Knight' When Ray told us 60 decibels for normal conversation, I've got a benchmark on that. You said you couldn't, and I understand that but I'd like to ask this question, and I'll ask it agmn if you come before us again and you want a different project. I'd like to know how much it would lower, because if it lowers it to 65 decibels, Ray isn't going to get to many phone calls, but If only lowers it two or three decibels, he might receive a phone call or two. Dan Sampson: Certainly. They put out a little pamphlet that explains that the minimum requirements for the sound zones. Eugene Crabtree' Ray said the Super Hornets dbs are 114 dbs. I think what Barry wants to say is because 114 (tbs that's coming over there at 800 foot, what IS the dbs going to be inside one of these apartments? Dan Sampson' I can't answer that, other than to tell you that the ordinance will be comphed with. Eugene Crabtree: Noise doesn't bother me as much as crashes. I don't care how much steel you put there it's not going to stop one of those Super Hornets if it goes into the side of that building, and it's going to have 102,000 flights a year right over there. That to me is a major concern, and I want to know if the people who are going to buy those things, if they are going to be aware and fully aware of this as well as they are the noise because ten years from now I don't want somebody suing the United States Government for 60 million dollars because one of those went into one of those buildings. Dan Sampson: Certmnly Eugene Crabtree' Or the noise Either one. Item #25 Near Post, L.L.C. Page 10 Dan Sampson: I mean, life has risks. Eugene Crabtree' I understand that. Dan Sampson: As long as you're informed. Eugene Crabtree. The Navy knows it, but are your clients going to know it9 Dan Sampson: The answer is yes Eugene Crabtree. As you know, I am torn between this, in fact that you can build a hotel there and have a lot more people there and have tourist there, or you can build it this way and have a reduction You're darned if you do and you're darned if you don't type thing. R J Nutter: I think it makes it more plausible for you because quite frankly you are able, and we've worked with instances before, with the Navy where we've had higher density possibilities and lower them and those were about two years ago. I don't know how to equate that today. Eugene Crabtree: I'm more concerned with the accident potential. R.J. Nutter' I understand That's why I think that what this does and this is the only opportunity you have on this property to reduce the accident potential problems that could exist That's the best way I know how to put it It's going down to 90 units from 264 plus B-2 and B-1 That's a big, big reduction. We acknowledge the issue and thought there was a way as to building it the right way and put people on notice to what's going on. We feel like no one knows this If you go down on Blrdneck Road where all those people live and work at Blrdneck Point, this is no strange subject to them When we sat at Cove Point we had several flyovers at that time They know it very well. You're right, not many leave it They would love it They would absolutely love it. You can see the ocean, go to the country club and play golf, and they're perfectly happy They were happy to see these units would be built and probably raised the fair market value Dan Sampson. I can also add that without having advertised the owners have informed us that they already have 23 reservations That's not a purchase, but it's got that kind of Interest, and they haven't even tried to advertise it yet. Ronald Rlpley: Are there other comments? Yes, Kathy. Kathy Katslas' This is a wonderful improvement to th~s location. I was wondenng about Merchant's Tire. R.J. Nutter' We've had a lot of questions about that Let me tell you the s~tuat~on We've talked to the property owners Right now, this property ~s covered by a lease, and Item//25 Near Post, L L.C. Page 11 it has about five years left on Its term. This property we built ~s in phases, in that it's starting from the west and moving east It's our hope that as we get closer to that time period and the closest to the termination of that lease that we might be able to work arrangements with them at that time That's the most asked question that we've had from Birdneck Point, Cove Point and other residents that we've spoken with. We are trying to negotiate with them if at all possible Kathy Katslas: Thank you R.J. Nutter' Yes ma'am Ronald Rlpley Okay. Thank you very much. R J Nutter. My pleasure Mr Ripley Ronald Rlpley: Is there any discussion amongst the Commissioners9 Charhe. Charhe Salle': This is a project that I want to support. I do want to make a comment as far as what the people from Oceana had to say, and that although I support the project, I do take what they have to say very seriously. I think it's an area where we do have a potential for the development, and I think that's what is better in the long run. I think that as much as I'm concerned with the noise and more so then the crash potential, I think we have to look at the reality of the situation, and we understand that neither the Navy or the city is going to condemn and prevent any development within the areas that are colored on that map So, absence that commitment there's going to be development, and there's no way we can deny that, and so I think what we have to do is try and control the development in the best possible way. I think this project does that for that property. As I say, absent wiping out all developing and buying that land up by either the city or the Navy, which never will happen, we have to deal with reality that something is going to happen there and try to manage It the best way we can Ronald Rlpley' Gene. Eugene Crabtree. I tend to agree with Charhe Everybody knows that I support the military and the Navy thoroughly in this, but unfortunately, I think we're going to have to go with this because it's the less of two evils. If we don't go with this and something else goes there, I think we might have more potential for something far more dangerous Therefore, I think this is the lesser of the things that we might decide to do. Even though it sort of goes different in my brain, I'm going to support this application, I think. Ronald Ripley. Are there other comments? Yes, Jan. Janlce Anderson I just want to say that I think it is a quality product. It IS a gateway in to the resort area, being Laskln Road, and that it could spread Improvement and that follows the Comprehensive Plan and what they have to improve the gateways. They Item #25 Near Post, L.L C Page 12 have support of the neighbors, and I think that ~s a good There is concem for I believe Pubhc Works can improve the work on w~th the street problem W~th comment smd by the Planmng Commissioners, I'd make a motion to approve Ronald Rlpley: We have a motion to approve by Jan Anderson, seconded by Kathy Kats~as Is there any more d~scusslon? I want to make a comment to and I'll try not to be redundant The project ~s a beautiful project It's absolutely perfect for the c~ty~ however, I think the location relative to the crash zone, and I think Charhe probably expressed it well, and I think those people up here understand that, and that ~s the zoning is in place and by-right is a far more intense development that could occur, and this what one point that I had to wrestle with the apphcat~on All other things ~n the application were absolutely outstanding So, we take ~t to heart, but we're kind of between a rock and a hard spot unlike the last application Anyway, I'm going to support it also. Are there any other comments9 Let's call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABSENT Ronald Rlpley By a vote of 10-0, the motion carries. FORM NO P S lB ity of Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No DF-5764 DATE: October 16, 2003 TO: Leslie L. Lilley -. DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application Near Post, LLC, et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 28, 2003. I have reviewed the subject proffer agreement, dated July 25, 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 Document Prepared By' Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virgtnia 23462 Phone: (757) 687-7500 Facstmtle' (757) 687-7510 AGREEMENT THIS AGREEMENT (the "Agreement") is made th~s 25th day of July, 2003 by and between NEAR POST~ LLC, a Virginia hrmted liability company (hereinafter referred to as "Grantor"), the contract purchaser of certmn parcels of property generally located on the north s~de of Laslan Road, west of Oriole Drive ~n V~rglma Beach, Vlrg~ma, which property is more fully described on Exhibit A attached hereto (hereinafter the "Property"), INTERNATIONAL INVESTORS, a V~rglma general partnership, BNE RESTAURANT GROUP II~ L.L.C:, a Delaware hmlted hab~hty company, and CAVALIER GOLF & YACHT CLUB, a Vlrg~ma corporation (hereinafter collectively referred to as "Grantor") and the CITY OF VIRGINIA BEACH, a mumc~pal corporation of the Commonwealth of Vlrglma (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the C~ty of Virginia Beach, Vlrg~ma, by petition addressed to the Grantee, so as to change the classification from H 1, B 1, B2 and R40 to A-36 Conditional on the Property; and WHEREAS, the Grantee's pohcy ~s to prowde only for the orderly development of land for various purposes, ~nclud~ng n-nxed use purposes, through zomng and other land development legislation; and GPIN NOS.:2418-61-3236-0000 2418-61-6228-0000 2418-24-6584-0000 2418-51-7557-0000 i WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to perrmt dlffenng uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantor's rezomng application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public heanng before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezomng and the need for which is generated by the rezomng; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or vaned by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that smd ~nstrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public heanng before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for ~tself, ~ts successors, assigns, grantees, and other successors in title or ~nterest, voluntarily and w~thout any reqmrement by or exaction from the Grantee or Its governing body and w~thout any element of compulsion of qmd pro quo for zomng, rezomng, s~te plan, bmld~ng permit or subdlwslon approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the smd Property, which shall be b~nd~ng upon the Property and upon all parties and persons clalrmng under or through the Grantor, it's hmrs, personal representatives, assigns, grantees and other successors in ~nterest or t~tle, namely: o The Property shall be developed and landscaped substantially as shown on the exhibit entitled "Conceptual Site Layout and Landscape Plan ot The P~nes at B~rdneck" prepared by MSA, P C. and dated 7/24/03 (hereinafter the "Site Plan"). 2. The total number of dwelhng umts on the Property shall not exceed ninety (90) o Access to the Property shall be prowded from Laslon Road and Oriole Drive and no vehicular access shall be provided to the Property from Tanager Trail. When developed, the ex~st~ng three curb cuts located on Laslon Road shall be closed and the only access to the Property from Laslon Road shall be restricted to one location as shown on the Site Plan o The architectural design and exterior bmld~ng materials ut~hzed on the dwelhng umts shall be substantially as shown on the exhibit entitled: "The P~nes at B~rdneck" prepared by Sampson and Associates, P C and dated July 24, 2003. The recreational facd~ty shown on the Site Plan shall be constructed w~th the same architectural style and bmld~ng materials as the primary structures on Property An architectural fence shall be constructed along portions of the perimeter of the Property as depicted on the Site Plan. The design, materials and height of the fence shall be depicted as shown on the exhibit entitled: "Architectural Fence Detail" prepared by Sampson and Associates, P C. and dated July 24, 2003. 8. An enclosed one or two car garage shall be provided for each dwelling unit. The Grantor shall dedicate a twenty foot public utility easement for mmntenance and repair of the five inch water line located at the southern edge of the Tanager Trail cul-de-sac, and along the northern boundary of the Property, or shall relocate the water line subject to the approval of the Department of Public Utilities 10 The Grantor agrees to Insert in the Sales Contracts between Grantor and the Purchasers of the units within the Pines at Blrdneck the following notices: (a) The Property is located within the 70 to 75 Db Ldn Noise Zone and the Aircraft Accident Potential Zone (APZ) II for the NAS Oceana Air Base Dunng flight trials, there is the potential for direct overfhes of the Property; (b) The preceding facts are subject to change and potential buyers are urged to contact the Community Planning Liaison Officer at NAS Oceana Further conditions mandated by applicable development ordinances may be required by the Grantee dunng detailed Site Plan and/or subdivision review and adrmmstrat~on of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code reqmrements All references hermnabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, V~rg~ma, ~n force as of the date the conditional zoning amendment is approved by the Grantee. , The Grantor covenant and agree that (1) the Zoning Adlmmstrator 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, Virgima to administer and enforce the foregoing condmons, including (i) the ordenng in writing of the remedying of any noncompliance with such conditions, and (ii) the bnnglng of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, stat or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the Issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for pubhc inspection in the office of the Zomng Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, VirgIma and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] Signature Page of Near Post, LLC To Proffer Agreement Dated~.~,x.k~3 :;~; 25, 2003 NEAR POST, LLC A Virginia limited liabihty company By Jack C Whi~ .... Managing Member COMMONWEALTH OF VIRGINIA to_w t The foregoing instrument was acknowledged before me this c~ day of '---~tc/~ ~ , 2003, by John C White, personally known to me to be the Managing Member ofi~Iear frost, LLC, a Virginia limited liability company, on behalf of the Company My Comrmssion Expires Notary Public , I Signature Page of International Investors To Proffer Agreement Dated ~o ~? *;zLX$ ,,~ 2003 *25th INTERNATIONAL INVESTORS A Virginia general partnership ~?a ~ T'~3c~'~qGeneral Partner STATE OF ~~6d ~.~ CITY/COUNTY OF ~?OZZ a.~f~.c'~, to-wit The foregoing in.~strument was acknowledged before me this ,~/-e' day of (~~ .~3-- , 2003, by l-Z-Ot/~ / . 7'~4,~.//~. .... personally known to me toabe the u (_.~HE4~I/~ r-[M e,,/of International Investors, a Virginia general partnership, on behalf of the Partnership Notary Public / / My Comnussion Expires %fJ~)~,tC'~-/~ ~/I. '~X)O~L , Signature Page of BNE Restaurant Group, II, LLC To Proffer Agreement Dated July 25 ,2003 BNE RESTAURANT GROUP, II, L.L.C. A Delaware hm~ted habfllty company By BNE Restaurant Corp A Delaware corporation, Managing Member Name: T~tle. ~/COUNTY OF~'~..~F~ , to-w~t: The foregoing ~nstmment/was acknowledged before me th~s~ day of 2~103, b.y ~ t~c~t4p ff~..~~ c~ , personally known to me to be ~A~~i of BNE Restaurant Corp, a Delaware corporation, Managing Member of BNE Restaurant Group II, LLC, a Delaware hmlted habfl~ty company, on behalf of the Company. My Commlss~on Expires' tht r Public ~8 Signature Page of Cavalier Golf & Yacht Club To Proffer Agreement Dated 2 $ ~ ~ ,2003 / CAVALIER GOLF & YACHT CLUB A Virginia corporation By Title COMMONWEALTH OF VIRGINIA CITY OF /t/I.c~ ~tc-~, to-wit ~ day of~~ ,-j~- The foregoing instrument was acknowledged before me ttus ~ 2003, by -J~O/3r~ ~ /)9, llea,~..,o , personally known to me to be the lgreside/~t of Cavalier Golf & Yacht Club, a Virginia corporation, on behalf of the Corporation My Commission Expires Notary Public / / , I EXHIBIT A Parcel 1: (GPIN No 2418-61-3236-0000) Parcel One: ALL THAT certain lot, piece or parcel of land with the buildings and Improvements thereon, situate in the City of V~rgima Beach, Vlrglma, and more particularly known, numbered and designated as Site 14, as shown on the plat entitled "CLUB SECTION, BIRDNECK POINT" which said plat is duly recorded in the Clerk's Office of the Clrcmt Court of the (hty of Virginia Beach, Virginia in Map Book 7, Page 2, at Page 192 Parcel Two: ALL THOSE certain lots, pieces or parcels of land with the buddings and ~mprovements thereon, s~tuate, lying and being ~n the City of Virginia Beach, Virginia and being known, numbered and designated as Sites 12 and 13, "CLUB SECTION, BIRDNECK POINT," made by John M. Baldwin, C.E., and recorded ~n the Clerk's Off~ce of the Circuit Court of the C~ty of Vlrglma Beach, Virginia ~n Map Book 7, Part 2, at Page 192. TOGETHER WITH that certain tract of land lying between Sites 12 and 13, "CI,UB SECTION AND LASKIN BOUIJEVARD," and more pamcularly bounded and described as follows, to-wit: BEGINNING at a point which ~s the northwest comer of Site 12 of "CLUB SECTION, BIRDNECK POINT" and ~n the southern line of Tanager Trail, as shown on the plat of "CLUB SECTION, BIRDNECK POINT" and from said point of beginmng runmng along the southern hne of Tanager Trml in an easterly direction along the arc of a c~rcle the radius of which is 1,686.4 feet a distance of 200 feet to a pin ~n the dividing hne of Sites 12 and 13 on the plat of "CLUB SECTION, BIRDNECK POINT;" thence contlnmng in an easterly direction along the southern hne of Tanager Trail as shown on the plat "CLUB SECTION, BIRDNECK POINT" and along a curve the radius of which ~s 1,686.4 feet a distance of 200 feet to a pin in the northeast comer of Site 13, plat of "CLUB SECTION, BIRDNECK POINT" thence turning and runmng S 30 degrees 15' 30" E. along the eastern hne of said Site 13 a distance of 150 feet to a pin, thence running S. 30 degrees 50' 30" E. a d~stance of 165 feet to the northern line of Laslan Boulevard, thence turning and running westerly along a curve, the radius of which is 1,371.4 feet a distance of 325 28 feet along the northern hne of Laslan Boulevard to a pin; thence turning and running N. 44 degrees 34' 39" W a distance of 165 feet to a pin the southwest comer of S~te 12, plat of "CLUB SECTION, BIRDNECK POINT," thence running along the western line of S~te 12 a distance of 150 feet to the point of beginning LESS SAVE AND EXCEPT that portion of the property conveyed to the Commonwealth of Virglma adjacent to Laskdn Boulevard consisting of approximately .33 acres, more of less, by deed duly recorded in the aforesaid Clerk's Office ~n Deed Book 305, at Page 441, and more pamcularly shown in I-hghway Plat Book 1, at Page 446. 10 IT BEING the same property conveyed to International Investors, a Virginia general partnership, by Deed of General Warranty from Clark Enterprises, a Virginia general partnership, a successor, by merger to Blrdsong & Clark, a Virginia general partnership, dated February 11, 1984 and recorded in the aforesaid Clerk's Office in Deed Book 2324, at Page 397 TOGETHER WITH that portion of a closed street and cul-de-sac, formerly known as Tanager Trail, which is 30' wide and abuts the northern boundary of Lots 12, 13 and 14 (otherwise known as The Seashlre Inn, 1040 Laslon Road), together with any portion of said Tanager Trail extending to the southern boundary of Oriole Drive, reference being made to a certain plat entitled "MAP OF BIRDNECK POINT, CLUB SECTION," property of Blrdneck Realty Corporation dated June 1926, in the Clerk's Office of the Circuit Court Virginia Beach, Virginia in Map Book 7, Part 2, at Page 192. LESS SAVE AND EXCEPT that portion of the property conveyed to the Cavalier Golf & Yacht Club, a Virginia corporation, consisting of approximately 0 041 acres, more of less, by Deed of Exchange duly recorded in the aforesaid Clerk's Office as Instrument No. 200303040833046 TOGETHER WITH that portion of the property conveyed to International Investors, a Virginia general partnership, from the Cavalier Golf & Yacht Club, a Virginia corporation, consisting of approximately 0.041 acres, more of less, by Deed of Exchange duly recorded in the aforesaid Clerk's Office as Instrument No 200303040833046 Parcel 2: (GPIN No. 2418-61-6228-0000) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel B-I-A, as shown on that certain plat entitled, "RESUBDIVISION OF PARCEL A, PARCEL B-l, LOT 15, AND LOT 16, AS SHOWN ON PLAT ENTITLED 'SUBDIVISION OF PARCEL 'B' PROPERTY OF PAUL W. ACKISS AND FRANK W. HANCOCK, JR AND PARCEL 5 AS SHOWN ON BOUNDARY SURVEY FOR CAVALIER BIRDNECK LAND CORPORATION" dated December 6, 1999 and made by Horton & Dodd, P.C., Surveyors-Engineers-Planners, Chesapeake, Virginia and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 283, at page 15. IT BEING a part of the same property conveyed to BNE Restaurant Group Two, L.L C., a Delaware hrmted liability company by Special Warranty Deed from Boddle-Noell Enterprises, Inc., a North Carolina corporation, dated March 25, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 3727, at page 1178 11 , I Parcel 3: (Part of GPIN No. 2418-24-6584-0000; 2418-51-7557-0000) ALL THAT certmn piece or parcel of land situate, lying and being ~n the City of Vlrglma Beach, Vlrg~ma, and being more particularly described as follows' BEGINNING at an ~ron p~n located in the northeastemmost comer of the property now or formerly owned by BNE RESTAURANT GROUP II, L.L.C, a Delaware hrmted habd~ty company, and shown and descnbed as "Parcel B-1-A" on that certmn plat t~tled "RESUBDIVISION OF PARCEL A, PARCEL B-l, LOT 15, AND LOT 16, AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF PARCEL 'B' PROPERTY OF PAUL C ACKISS & FRANK W. HANCOCK, Jr. AND PARCEL 5 AS SHOWN ON BOUNDARY SURVEY FOR CAVALIER BIRDNECK LAND CORPORATION" dated December 6, 1999, made by Horton & Dodd, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Vlrglma Beach, V~rglma in Map Book 283, at page 16 (the "Point of Beglnmng"); thence N 65°58'36'' W, a distance of 108.64 feet to a point, thence N 25059'20" W, a d~stance of 82.98 feet to a point, thence N 76°28'13" E a d~stance of 101.86 feet to a point; thence N 13°05'43"E a d~stance of 187 12 feet to a point, thence S 76054, 17"E, 170.40 feet to a point; thence along a curve to the right, hawng a radius of 84.26', a d~stance of 100.92 feet to a pmnt; thence S 08°16'56"E, a d~stance of 101.62 feet to a point; thence S75°40' 15"W, a distance of 36 14 feet to a point; thence along a curve to the left having a radius of 1536.65', a distance of 206.70 feet to a point; thence N22°55'40"W, a distance of 50.00 feet, to the Point of Beginning IT BEING a port~on of the that certain p~ece of land, lying, s~tuate and being in the C~ty of V~rg~ma Beach, Vlrg~ma and bmng known, numbered and designated as a portmn of "RESUBDIVISION OF PARCEL A, PARCEL "B-l, LOT 15, AND LOT 16 AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF PARCEL "B" PROPERTY OF PAUL W. ACKISS & FRANK W. HANCOCK, JR., AND PARCEL 5 AS SHOWN ON THE BOUNDARY SURVEY FOR CAVALIER-BIRDNECK LAND CORPORATION", dated December 6, 1999 made by Horton & Dodd, P.C, and duly recorded ~n the Clerk's Office of the Clrcmt Court of the City of Virginia Beach, Virginia in Map Book 283, at page 16 239367 5 12 , I FORM City of Virginia Beach INT~-O~CE CO~,RESPOIqt)ElqCE In Reply Refer To Our File No DF-5764 DATE: November 13, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilso~x') DEPT: City Attorney Conditional Zoning Application Near Post, LLC, et als The above-referenced conditional zoning apphcat~on ~s scheduled to be heard by the City Council on November 25, 2003. I have reviewed the subject proffer agreement, dated July 25, 2003, and have determined ~t to be legally sufficient and in proper legal form. A copy of the agreement ~s attached. Please feel free to call me if you have any questions or w~sh to discuss this matter further. BKW Enclosure , I Document Prepared By' Troutman Sanders LLP 222 Central Park Avenue Sutte 2000 Vtrgtnta Beach, Vtrgmta 23462 Phone (757) 687-7500 Facstmtle' (757) 687-7510 AGREEMENT THIS AGREEMENT (the "Agreement") is made this 25th day of July, 2003 by and between NEAR POST~ LLC, a Virginia limited hab~hty company (hereinafter referred to as "Grantor"), the contract purchaser of certain parcels of property generally located on the north side of Laslon Road, west of Oriole Drive in Vlrglma Beach, V~rg~ma, which property ~s more fully described on Exhibit A attached hereto (hereinafter the "Property"), INTERNATIONAL INVESTORS, a V~rglma general partnership, BNE RESTAURANT GROUP II~ L.L.C., a Delaware hm~ted hablhty company, and CAVALIER GOLF & YACHT CLUB, a V~rg~ma corporation (hereinafter collectively referred to as "Grantor") and the CITY OF VIRGINIA BEACH, a mumc~pal corporation of the Commonwealth of Vlrg~ma (hermnafter referred to as "Grantee") WITNESSETH: WHEREAS, the Grantor has lmtlated an amendment to the Zoning Map of the C~ty of Virginia Beach, V~rg~ma, by petition addressed to the Grantee, so as to change the classification from Hi, BI, B2 and R40 to A-36 Conditional on the Property, and WHEREAS, the Grantee's pohcy is to provide only for the orderly development of land for various purposes, ~nclud~ng rmxed use purposes, through zomng and other land development legislation; and GPIN NOS.:2418-61-3236-0000 2418-61-6228-0000 2418-24-6584-0000 2418-51-7557-0000 WHEREAS, the Grantor acknowledges that the competing and sometimes ~ncompat~ble uses confhct, and that in order to perrmt dlffenng uses on and ~n the area of the subject Property and at the same t~me to recogmze the effects of the change and the need for various types of uses, certmn reasonable conditions govermng the use of the Property for the protection of the community that are not generally apphcable to land s~rmlarly zoned A-36 are needed to cope with the s~tuat~on to which the Grantor's rezomng apphcat~on g~ves rise; and WHEREAS, the Grantor has voluntarily proffered ~n writing ~n advance of and prior to the public heanng before the Grantee, as part of the proposed conditional amendment to the Zomng Map, in addition to the regulations provided for ~n the ex~st~ng A-36 zomng district by the existing City's Zomng Ordinance (CZO), the following reasonable condmons related to the physical development, operation and use of the Property to be adopted as a part of smd amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezomng and the need for which is generated by the rezomng; and WHEREAS, smd conditions hawng been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zomng Ordinance, such conditions shall continue m full force and effect unnl a subsequent amendment changes the zomng on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment ~s part of the comprehensive ~mplementat~on of a new or substantially revised zomng ordinance, unless, notwithstanding the foregmng, these conditions are amended or vaned by written instrument recorded ~n the Clerk's Office of the C~rcmt Court of the City of V~rg~ma Beach, V~rg~ma and executed by the record owner of the subject Property at the t~me of recordation of such ~nstrument; provided, further, that smd instrument is consented to by the Grantee ~n writing as ewdenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public heanng before the Grantee advemsed pursuant to the prowslons of the Code of V~rg~ma, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with smd ~nstrument as conclusive ewdence of such consent. , NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors ~n title or interest, voluntarily and w~thout any requirement by or exaction from the Grantee or ~ts govermng body and w~thout any element of compulsion of quid pro quo for zoning, rezomng, s~te plan, bmld~ng permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running w~th the smd Property, which shall be binding upon the Property and upon all pames and persons clairmng under or through the Grantor, ~t's heirs, personal representatives, assigns, grantees and other successors ~n ~nterest or t~tle, namely. o The Property shall be developed and landscaped substantially as shown on the exhibit entitled "Conceptual S~te Layout and Landscape Plan of The P~nes at Birdneck" prepared by MSA, P.C. and dated 7/24/03 (hereinafter the "S~te Plan"). 2. The total number of dwelhng umts on the Property shall not exceed ninety (90) o Access to the Property shall be provided from Laslon Road and Oriole Drive and no vehicular access shall be prowded to the Property from Tanager Trml. . When developed, the existing three curb cuts located on Laslon Road shall be closed and the only access to the Property from Laslon Road shall be restricted to one location as shown on the S~te Plan. o The architectural design and exterior budding materials utdized on the dwelling units shall be substantially as shown on the exhibit entitled. "The P~nes at Blrdneck" prepared by Sampson and Associates, P C and dated July 24, 2003. o The recreational fac~hty shown on the S~te Plan shall be constructed with the same architectural style and building materials as the primary structures on Property. An architectural fence shall be constructed along portions of the perimeter of the Property as depicted on the Site Plan The design, materials and height of the fence shall be depicted as shown on the exhibit entitled "Architectural Fence Detml" prepared by Sampson and Associates, P.C. and dated July 24, 2003 8. An enclosed one or two car garage shall be provided for each dwelling unit. o The Grantor shall dedicate a twenty foot public utility easement for maintenance and repair of the five inch water line located at the southern edge of the Tanager Trail cul-de-sac, and along the northern boundary of the Property, or shall relocate the water line subject to the approval of the Department of Public Utilities 10. The Grantor agrees to insert in the Sales Contracts between Grantor and the Purchasers of the units within the Pines at Birdneck the following notices: (a) The Property is located within the 70 to 75 Db Ldn Noise Zone and the Aircraft Accident Potential Zone (APZ) II for the NAS Oceana Air Base. Dunng flight trials, them is the potential for direct overfhes of the Property; (b) The preceding facts are subject to change and potential buyers are urged to contact the Community Planmng Liaison Officer at NAS Oceana Further conditions mandated by apphcable development ordinances may be required by the Grantee dunng detailed Site Plan and/or subdivision review and admlmstration of apphcable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references herelnabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virglma Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee I The Grantor covenant and agree that (1) the Zoning Admlmstrator of the City of Vlrglma Beach, Virginia shall be vested with all necessary authority on behalf of the govermng body of the City of Virginia Beach, Vlrglma to adm~mster and enforce the foregoing conditions, including (1) the ordenng in writing of the remedying of any noncompliance with such conditions, and (n) the bnnglng of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, stat or proceedings, (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required bmldlng or occupancy pernuts as may be appropriate; (3) if aggrieved by any decision of the Zomng Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court, and (4) the Zomng Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily avadable and accessible for pubhc inspection in the office of the Zoning Admlmstrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Clrcmt Court of the City of Vlrglma Beach, Vlrglma and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] NEAR POST, LLC A Virginia limited liability company By Jack (~ Managing Member COMMONWEALTH OF VIRGINIA CITY OF ~ C ~.o ~.~,~ , to-wit The foregoing instrument was acknowledged before me this ~ day of ~kT~~ ., 2003, by John C White, personally known to me to be the Managing Member of Near Post, LLC, a Virginia limited liability company, on behalf of the Company Notary P~lic My Commission Expires ~ \f3~. ~O 3 ~~ Signature Page of International Investors To Proffer Agreement Dated ,2003 INTERNATIONAL INVESTORS A Vlrg~ma general partnership 1.~¥~ 'C ~,R/,4¢C'~/t/General Partner The fprego~ng 2003, by Llo03 T Partnership My Commission Expires , to-wit t~ instrument was acknowledged before me this ,~;h~, day of {? CL~04o'¢,~ , -'[o_,-. 1o ,: l'~oa: , ~-~v'~.a~/~,P__o~,n to me to be the of International Investors, a Virginia general partnership, on behalf of the Nota~ --'? ~ "~:: ~¥ co~.~u,ss,o.., cc ~,~~ EXPIRES April I0 200,l ~;,~ ~¢~:~ o' Bonded Thru Nota~ Publm Undmv,rltem z?'~%~/~;--.__ ,-,-,-, . ,,..~_ .. Signature Page of BNE Restaurant Group, H, LLC To Proffer Agreement Dated ., 2003 BNE RESTAURANT GROUP, II, L L C A Delaware limited habdity company By BNE Restaurant Corp, A Delaware corporation, Managing Member Name H±ch~el H Hancock Title V±ce Pres±dent STATE OF NORTH CAROLINA CITY/COUNTY OF NASH , to-wit The foregoing instrument was acknowledged before me flus 27 day of October 2003, by H±chael H. Hancock , personally known to me to be the V±ce Pres±dent: of BNE Restaurant Corp, a Delaware corporation, Managing Member of BNE Restaurant Group II, LLC, a Delaware hmited liability company, on behalf of the Company nnm¢ounrv, n¢ _ I ~-ar~ Pubhc M~--C~ommigslon_6h_L~s Hay 12, 2007 S g~ure P~9~ of C~-ai~er (:~lf &Yacht Gub To R'offer/~j'~ CAVALIER GOLF & YACHT CLUB A Virginia corporation Title President COMMONWEALTH OF VIRGINIA CiTY OF ~/irog/vu.o,-.~-~~., to-wit The foregoing instrument was acknowledged before me this ,,~ O day of ~c..~ol'~-,~ 2003, by ~-}"o¼r~ lh~.[~ke ~,', . , personally known to me to be the President of Cavalier Golf & Yacht Club, a Virgima corporation, on behalf of the Corporation My Commission Expires lq}6tar~l~blic - ! EXHIBIT A Parcel 1: (GPIN No 2418-61-3236-0000) Parcel One' ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, situate in the City of Vlrglma Beach, Virginia, and more particularly known, numbered and designated as Site 14, as shown on the plat entitled "CLUB SECTION, BIRDNECK POINT" which smd plat is duly recorded in the Clerk's Office of the Clrcmt Court of the City of Vlrglma Beach, V~rglma ~n Map Book 7, Page 2, at Page 192 Parcel Two. ALL THOSE certain lots, pieces or parcels of land with the buildings and ~mprovements thereon, situate, lying and being in the City of V~rg~ma Beach, V~rglnla and being known, numbered and designated as S~tes 12 and 13, "CLUB SECTION, BIRDNECK POINT," made by John M Baldwin, C E, and recorded in the Clerk's Office of the Clrcmt Court of the City of Vlrg~ma Beach, Vlrglma in Map Book 7, Part 2, at Page 192 TOGETHER WITH that certmn tract of land lying between Sites 12 and 13, "CLUB SECTION AND LASKIN BOULEVARD," and more particularly bounded and described as follows, to-wit: BEGINNING at a point which is the northwest corner of Site 12 of "CLUB SECTION, BIRDNECK POINT" and in the southern hne of Tanager Trail, as shown on the plat of "CLUB SECTION, BIRDNECK POINT" and from said point of beg~nnlng running along the southern hne of Tanager Trail in an easterly direction along the arc of a circle the radius of which is 1,686.4 feet a distance of 200 feet to a pin ~n the d~vldlng hne of S~tes 12 and 13 on the plat of "CLUB SECTION, BIRDNECK POINT;" thence continuing ~n an easterly direction along the southern line of Tanager Trail as shown on the plat "CLUB SECTION, BIRDNECK POINT" and along a curve the radius of which is 1,686.4 feet a distance of 200 feet to a pin in the northeast corner of Site 13, plat of "CLUB SECTION, BIRDNECK POINT" thence turning and running S 30 degrees 15' 30" E. along the eastern hne of said Site 13 a d~stance of 150 feet to a pin, thence running S. 30 degrees 50' 30" E. a distance of 165 feet to the northern line of Laslon Boulevard; thence turning and running westerly along a curve, the radius of which is 1,371.4 feet a distance of 325.28 feet along the northern hne of Laslon Boulevard to a pin, thence turning and running N. 44 degrees 34' 39" W. a distance of 165 feet to a p~n the southwest corner of S~te 12, plat of "CLUB SECTION, BIRDNECK POINT," thence running along the western hne of Site 12 a distance of 150 feet to the point of beginning. LESS SAVE AND EXCEPT that portion of the property conveyed to the Commonwealth of Vlrglma adjacent to Laskln Boulevard conslst~ng of approximately .33 acres, more of less, by deed duly recorded in the aforesaid Clerk's Office in Deed Book 305, at Page 441, and more pamcularly shown in Highway Plat Book 1, at Page 446. 10 IT BEING the same property conveyed to International Investors, a Virginia general partnership, by Deed of General Warranty from Clark Enterprises, a Virginia general partnership, a successor, by merger to Birdsong & Clark, a Virginia general partnership, dated February 11, 1984 and recorded in the aforesaid Clerk's Office in Deed Book 2324, at Page 397 TOGETHER WITH that portion of a closed street and cul-de-sac, formerly known as Tanager Trail, which is 30' wide and abuts the northern boundary of Lots 12, 13 and 14 (otherwise known as The Seashlre Inn, 1040 Laslon Road), together with any portion of said Tanager Trail extending to the southern boundary of Oriole Drive, reference being made to a certain plat entitled "MAP OF BIRDNECK POINT, CLUB SECTION," property of Blrdneck Realty Corporation dated June 1926, in the Clerk's Office of the Circuit Court Virginia Beach, Virginia in Map Book 7, Part 2, at Page 192 LESS SAVE AND EXCEPT that portion of the property conveyed to the Cavalier Golf & Yacht Club, a Virginia corporation, consisting of approximately 0 041 acres, more of less, by Deed of Exchange duly recorded in the aforesaid Clerk's Office as Instrument No 200303040833046. TOGETHER WITH that portion of the property conveyed to International Investors, a Vlrgima general partnership, from the Cavalier Golf & Yacht Club, a Vlrglma corporation, consisting of approximately 0.041 acres, more of less, by Deed of Exchange duly recorded in the aforesmd Clerk's Office as Instrument No 200303040833046 Parcel 2: (GPIN No. 2418-61-6228-0000) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel B-l-A, as shown on that certain plat entitled, "RESUBDIVISION OF PARCEL A, PARCEL B-l, LOT 15, AND LOT 16, AS SHOWN ON PLAT ENTITLED 'SUBDIVISION OF PARCEL 'B' PROPERTY OF PAUL W ACKISS AND FRANK W. HANCOCK, JR. AND PARCEL 5 AS SHOWN ON BOUNDARY SURVEY FOR CAVALIER BIRDNECK LAND CORPORATION" dated December 6, 1999 and made by Horton & Dodd, P.C, Surveyors-Engineers-Planners, Chesapeake, Virginia and duly recorded ~n the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 283, at page 15 IT BEING a part of the same property conveyed to BNE Restaurant Group Two, L.L C, a Delaware limited liability company by Special Warranty Deed from Boddle-Noell Enterprises, Inc, a North Carolina corporation, dated March 25, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 3727, at page 1178 11 Parcel 3: (Part of GPIN No. 2418-24-6584-0000; 2418-51-7557-0000) ALL THAT certain piece or parcel of land situate, lying and being In the C~ty of Virginia Beach, Virginia, and being more particularly described as follows BEGINNING at an iron pin located in the northeastemmost comer of the property now or formerly owned by BNE RESTAURANT GROUP II, L L C., a Delaware hrmted habllIty company, and shown and described as "Parcel B-l-A" on that certain plat titled "RESUBDIVISION OF PARCEL A, PARCEL B-l, LOT 15, AND LOT 16, AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF PARCEL 'B' PROPERTY OF PAUL C ACKISS & FRANK W. HANCOCK, Jr. AND PARCEL 5 AS SHOWN ON BOUNDARY SURVEY FOR CAVALIER BIRDNECK LAND CORPORATION" dated December 6, 1999, made by Horton & Dodd, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 283, at page 16 (the "Point of Beginning"); thence N 65°58'36'' W, a distance of 108.64 feet to a point, thence N 25°59'20'' W, a distance of 82.98 feet to a point, thence N 76°28'13" E a d~stance of 101.86 feet to a point, thence N 13°05'43"E a distance of 187 12 feet to a point; thence S 76054, 17"E, 170.40 feet to a point; thence along a curve to the right, having a radius of 84 26', a distance of 100 92 feet to a point, thence S 08°16'56"E, a distance of 101.62 feet to a point; thence S75°40' 15"W, a distance of 36 14 feet to a point; thence along a curve to the left having a radius of 1536 65', a d~stance of 206 70 feet to a point; thence N22°55'40"W, a distance of 50.00 feet, to the Point of Beginning IT BEING a portion of the that certain piece of land, lying, situate and being in the City of Vlrglma Beach, V~rglma and being known, numbered and designated as a portion of "RESUBDIVISION OF PARCEL A, PARCEL "B-l, LOT 15, AND LOT 16 AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF PARCEL "B" PROPERTY OF PAUL W. ACKISS & FRANK W HANCOCK, JR., AND PARCEL 5 AS SHOWN ON THE BOUNDARY SURVEY FOR CAVALIER-BIRDNECK LAND CORPORATION", dated December 6, 1999 made by Horton & Dodd, P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgima in Map Book 283, at page 16 2393675 12 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Change of Zoning District Classification (R-5D Residential Duplex District to P-1 Preservation District) MEETING DATE: November 25, 2003 · Background: An Ordinance upon Application of the C~ty of V~rg~n~a Beach for a Change of Zoning District Classificabon from R-5D Residential Duplex District to P-1 Preservation D~stnct on property located on the north and south s~des of Shell Road, approximately 200 feet east of Downs Lane (GPIN 1469327063; 1469513556) The Comprehensive Plan recommends use of this property for residential uses above 3 5 dwelling un~ts per acre DISTRICT 4 - BAYSIDE Considerations: The property is currently wooded and is owned by the C~ty of Norfolk as part of Lake Lawson There have been no zoning changes ~n the area ~mmediately surrounding the subject site. The site will be owned by the C~ty of Virginia Beach after its conveyance from the City of Norfolk and wdl be preserved as open space for the benefit, enjoyment and general welfare of the surrounding residents and wsitors of Virginia Beach This request is ~n keeping with the Comprehensive Plan objecbves to preserve open space in the Bays~de Planning Area. The Planning Commission placed this ~tem on the consent agenda because the request ~s consistent w~th the Comprehensive Plan and the property must be rezoned to Preservabon as a condition of the sale Staff recommended approval. There was no oppos~bon to the proposal. Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve this request City of Virginia Beach- Shell Road Page 2 of 2 · 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 Departmen~ City Manager: (~~ ~.~ .~~ CITY OF VIRGINIA BEACH / # 8 October 8, 2003 General Information: APPLICATION NUMBER: C04-210-REZ-2003 REQUEST: Change of Zon~nq District Classiflcabon from R-5D Residential Duplex D~strict to P-1 Preservation District ADDRESS: North and south sides of Shell Road, approximately 200 feet east of Downs Lane Map C-4 ' ' Beach Not. =o Scale LAKE LAWSON LAKE LAWSON R-5D LAKE LAWSON Zoning Change from R-SD to P-I PROPERTY, CITY OF NORFOLk R-40 GPIN' 14693270630000; 14695135560000 Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH / # 8 Page 1 ELECTION DISTRICT: SITE SIZE' STAFF PLANNER: PURPOSE: 4- BAYSIDE 6.7 acres Barbara Duke To rezone two parcels of land separated by Shell Road to P-1 Preservation D~stnct Major Issues: · Degree to which the proposal meets Comprehensive Plan objecbves for the Bayside area Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoninq The property ~s currently wooded and ~s owned by the C~ty of Norfolk as part of Lake Lawson. Surrounding Land Use and Zoninq North' South: East: West: · Lake Lawson · Lake Lawson · Residential neighborhood zoned R-5D Residential Duplex D~stnct · Residenbal neighborhood zoned R-5D Residential Duplex D~stnct Zoninq and Land Use Statistics With Existing Zoning: The ex~sbng zoning would allow th~s property to be Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH / # 8 Page 2 With Proposed Zoning: developed with residential duplex un~ts. The property will be owned by the City of Virginia Beach and maintained as open space. There are not any physical improvements planned at th~s bme. Zoninq History There have been no zoning changes ~n the area ~mmediately surrounding the subject site. Air Installation Compatible Use Zone (AICUZ) The AICUZ zones surrounding NAS Oceana do not ~mpact the s~te. Public Facilities and Services Water and Sewer C~ty water and sewer ubl~ties are present in Shell Road fronting th~s site Transportation Th~s proposal has no impact on transportabon. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevenbon Office w~th~n the Police Department for crime prevenbon techniques and Crime Prevenbon Through Enwronmental Design (CPTED) concepts and strategies as they pertain to this s~te. Fire and Rescue: No comments. Comprehensive Plan The Comprehensive Plan notes that a number of neighborhoods ~n the central and western part of the Bays~de Planning Area were developed with I~ttle or no open space Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH / # 8 Page 3 areas, resulting in an areawide deficit of parkland and open spaces. To correct th~s deficit, the Comprehensive Plan recommends that the c~ty take every reasonable opportunity through implementation of the Outdoors Plan to ~ncrease the amount of open space area ~n this area, whether along h~ghways, w~th~n ex~sting neighborhood areas or as part of new private developments and Capital Improvement Program projects. Evaluation of Request The request to rezone the subject property from R-5D Residenbal Duplex D~strict to P-1 Preservabon District ~s acceptable. The site will be owned by the City of Virginia Beach after ~ts conveyance from the City of Norfolk and w~ll be preserved as open space for the benefit, enjoyment and general welfare of the surrounding residents and visitors of Virginia Beach. Th~s request is in keeping w~th the Comprehensive Plan objectives to preserve open space ~n the Bayside Planning Area. Planning staff recommends approval the request to rezone the subject property from R-5D Residential Duplex D~strict to P-1 Preservabon D~stnct. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require rew'sion during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH / # 8 Page 4 Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH I # 8 Page 5 Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH / # 8 Page 6 ,Z Z Applicant's Name: City of Virginia Beach List All Current Property Owners' C~ty of Norfolk APPLICANT DISCLOSURE if the apphcant ts a CORPORATION, list alt officers of the Corporabon below (Attach hst ff necessary) C. jty Council of the C~t¥ of Vir.qmia Beach which includes Mayor Meyera Oberndo_rf, V~ce Mayor Louis .Ft. Jones, Councd Member Harry E D~ezel, Counc!l Member Margaret .L Eurre, .C...o. uncil MemberR~chard Maddox,: Councd Member Reba S McClanan, Councd Member James L. Wood. Council Member Jtm Reeve, Council Member Peter W. Schm~dt, Council Member Ronald A Vtllanueva, and Council Member Rosemary Wilson If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners ~n the orgamzation below' (Attach hst tf necessary) Check here if the applicant ~s NOT a corporation, partnership, firm, or other unincorporated orgamzat~on tf the apphcant 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, hst all officers of the Corporation below (Attach hst ff necessary) ...... ~F'~ A'I"['ACHHE[',]'r 1 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) F"I Check here ~f the property owner ~s NOT a corporation, padnersh~p, firm, or other umncorporated orgamzabon Rezomng Apphcabon Page 8 of 12 Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH / # 8 Page 7 ATTACHMENT I City Council of the City ofNorfolk, whmh includes Mayor Paul D. Frmm, Vine Mayor Daun S. Hester, Council Member Anthony L Burfoot, Council Member Paul R. Raddmk, Counml Member Donald L. W~lhams, Council Member Barclay C Wren, Council Member W Randy Wright Planning Commission Agenda October 8, 2003 CITY OF VIRGINIA BEACH / # 8 Page 8 Item//8 City of Virginia Beach Change of Zoning District Classification North and south sides of Downs Lane District 4 Bayslde October 8, 2003 CONSENT Ronald Ripley: Okay. The next order of the day is our consent agenda. Vice Chairman Dot Wood will be introducing this section. Dot. Dorothy Wood: Thank you Ron. This afternoon we have eight items on the consent agenda As I call the item, would you please come to the podium, state your name and if you have read the conditions and if you agree with them. The first item is Item #8, which is the City of Virginia Beach for an Ordinance upon Application of the City of Virginia for a Change of Zomng District Classification from R-5D Residential to P-1 Preservation District on property located on the north and south sides of Shell Road in the Bayslde District. Is there any opposition to Item #8, the City of Virginia Beach? If there is any opposition, we will drop the item down and hear it at the regular time but heanng none, Jan, would you please tell us about Item #8? Jamce Anderson: Yes. Thank you. This is an apphcatlon by the City of Virginia Beach. It involves the purchase of this property from the City of Norfolk. The property is zoned for Residential R-5D but the condition of the sale would be the change of the zoning to the Preservation District. This change of zoning is in compliance with the Comprehensive Plan and the City's Outdoor Plan, which is preservation of open space in this area. So, with those conditions the Commission has recommended approval to Council. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve this item on the consent agenda, which is the City of Virginia Beach for an ordinance upon application of a change of zoning district in the Bayslde District. Ronald Rlpley: We have a motion. Do I have a second? Gene Crabtree has seconded it. Is there any discussion on the motion? Hearing none, we'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE Item #8 City of Vlrg~ma Beach Page 2 MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Rlpley: By a vote of 11-0, the motion carries Ma/~ C-4 Ma Not to Scale · ' Beach LAKE LAWSON LAKE LAWSON R-5D LAKE LAWSON Zoning Change from R-SD to P-I ZONING HISTORY PROPERTY, CITY OF NORFOLK R-40 There is no zoning history to report ~n this area CIVIL LAWSUITS RESOLVED DURING THE MONTH OF OCTOBER, 2003 Court of Appeals of Virg~ma Charlotte Styles. v. Virginia Beach Department of Social Services - termination of parental rights In November 2000 the juvenile and domestic relations court, finding neglect, ordered the four children of Charlotte Styles into the custody of the Department of Social Services. In July 2002 the juvenile court, on the petition of the Department, terminated the mother's parental rights to the children (ages 3, 9, 10, and 13). Styles appealed to circuit court for a new thai. In October 2002, after a three and one-half day trial, the clrcmt court terminated her parental rights to the three year old, and ordered the other children returned to her custody, conditioned upon her cooperation with the Social Services Department. Styles appealed the decision of the clrcmt court terminating her parental rights to her three- year-old son. On September 30, 2003, the Virginia Court of Appeals reversed the circuit court, vacated the c~rcuit court order terminating parental rights, and remanded the case to the circuit court. Virginia Beach Clrcmt Court John T. Tevis v. Erol O. Diaz- neghgence In June, John Tev~s sued C~ty police officer D~az for $50,000 for personal injuries allegedly resulting from a colhsmn with a pohce cruiser driven by D~az. Diaz was responding to a robbery with lights and siren when he lost control of his vehicle, crossed the median and collided nearly head-on with Tevis's vehicle. The accident occurred on September 24, 2001, on D~amond Springs Road near the Thurston Lane intersection. On October 2, 2003, the court granted our motion to dismiss the stat agmnst officer Diaz on ~mmunity grounds. Kim Edmond, Individually, and as Mother and Next Friend of Kelvin Edmond v. Edward Kopicki and City of Virginia Beach - negligence Thxs stat filed in Circuit Court on October 2002 alleges that on October 29, 2000, City police officer Kopickl, assaulted juvenile Kelvin Edmond at the College Park Skating Center on S. Military Highway. The suit seeks $100,000 ~n compensatory damages and $350,000 ~n punitive damages from Koplckl, and $100,000 in compensatory damages from the C~ty. At the t~me, Koplck~ was off- duty, working part-time employment in uniform, providing security for the owner of the skating nnk. On October 10, 2003, the court granted our motion, and dismissed the City from the suit on sovereign immunity grounds. Officer Kop~cki's defense ~s being prowded by the Skating Center in accordance with the terms of the agreement by which Kopickl was h~red for this part-time security work, and authorized to do so by the pohce chief. Judith Belinda Wooldridge v. Steven Q. Krall, Larry Cheramie, Cynthia McCord, Brian Czarnecki and Captain Baum - negligence This hand-written lawsuit filed in July 2003 in c~rcuit court demands $l,000,000 from Second Precinct Captmn Thomas Baum because "V~rg~nia Beach pohce are pammpating in a bugging/abuse/poisoning ring." The other five named defendants are sued for a total of $1,210,000 for "bugging/abuse" and "slime research." On October 24, 2003, the court granted our motion, and dismissed the suit. Virginia Beach General D~stnct Court Eli F. Dimsey v. Grahams' Custom Body Shop & Towing L.L.C. and Virginia Beach Police Department - negligence In September, Eh Dlmsey sued in general district court for $15,000 for damages to his car claimed to have occurred after it was towed by Grahams' Body Shop on July 20, 2003, after an accident on Arctic Avenue. According to the stat papers, a City police officer ordered the tow from the accident scene. After apparently settling h~s claim with the tow company, Dlmsey voluntarily dismissed the suit against the City Deborah Ann Baxter v. City of Virginia Beach - negligence This warrant in debt was served in April 2003 asking for $2,894 for personal injuries allegedly sustained by Baxter when she fell over a chair left on her porch in front of her front door. Baxter clmms the chair was placed in front of the door by a City social worker trying to leave a message for Baxter. On October 14th the court dismissed the stat when Baxter failed to show up for trial. ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER SENATE OF VIRGINIA 5TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Yvonne B. Miller- D TOTAL VOTES RECEIVED (IN FIGURES) 913 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 39 We, the undersigned Electoral Board, upon examination of the offtctal records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above ts a true and correct Abstract of Votes cast at satd election for the office indicated above. Given under our hands this 5th day of November, 2003. A copy teste' Electoral Seal Vice Chairman , Secretary WRITE-INS CERTIFICATiON VIRGINIA BEACH DI COUNW ~' General I~1 Special Election MEMBER SENATE OF VIRGINIA OFFICE TITLE 5TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] '1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED (IN FIGURES) 23 ENTER TOTAL INVALID 16 ENTER TOTAL VALID 39 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE'INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES, . 1 THROUGH ,. , We, the undersigned Electoral Board, upon examination of the official records depostted with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuabon pages indicated, the above /sa true and correct certificabon of the wdte-m votes cast at said election for the office indicated above. Given under our hands this :~TH A copy teste. Electoral ~ Bo~d day of November, 2003.~ , Chairman , V~ce Chairman ,, , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER SENATE OF VIRGINIA 6TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT D. Nick Rerras - R Andy A. Protogyrou - D TOTAL VOTES RECEIVED (In FIGURES) , ,464 283 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ We, the undersigned Electoral Board, upon examtnation of the offtctal records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above ts a true and correct Abstract of Votes cast at satd election for the office indicated above. Given under our hands this 5th day of November, 2003  ,/ ~-~' ~..------... ' : , , Chairman Electoral I , Vice Chairman Bored , x Seal _ . Secretary ..~-~. ~('. ~1~,-,~ ~ Secretary, Electoral Board A copy teste' WRITE-INS CERTIFICATiON VIRGINIA BEACH CI COUN~ ~1 c,~ General Special Election MEMBER SENATE OF VIRGINIA OFFICE TITLE 6TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page I of TOTAL VOTES RECEIVED (IN FIGURES) 0 ENTER TOTAL INVALID 0 ENTER TOTAL VALID 0 ADO LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS ,5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (il) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES ] THROUGH We, the understgned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuabon pages indicated, the above ts a true and correct certification of the write-in votes cast at said election for the office tndicated above. Given under our hands this, A copy teste: Electoral Board Seal 5TH day of November_~.2003. , Chairman .., V~ce Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER SENATE OF VIRGINIA 7TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Frank W. Wagner- R Clancy A. Holland - D TOTAL VOTES RECEIVED (I/v FIOURES) 12.694 8,737 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 76 39 We, the undersigned Electoral Board, upon examination of the offtctal records deposited with the Clerk of the Circutt Court of the election held on November 4, 2003, do hereby certify that the above ts a true and correct Abstract of Votes cast at satd election for the office indicated above. Given under our hands this 5ti~ day of November, 2003. A copy teste: Electoral Bom d Seal , Chairman , Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION VIRGINIA BEACH O cou.~ ~ General I~1 Special Election MEMBER SENATE OF VIRGINIA OFFICE TITLE 7TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] '1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED (IN FIGURES) 54 ENTER TOTAL INVALID 22 ENTER TOTAL VALID 76 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN C/~DIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES ~ THROUGH, .. We, the undersigned Electoral Board, upon examinatton of the official records depostted with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuation pages indicated, the above ts a true and correct certificabon of the write-in votes cast at said election for the office indicated above. Given under our hands this 5TH A copy teste: Board \ / .__ day of Nove~l~er, 20-0~3.,\ J~ . ,Chairman ~,' V~ce Chairman , Secretary Secretary, Electoral Board ABS TRA CT OF VOTE$ cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER SENATE OF VIRGINIA 8TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY I~) AS SHOWN ON BALLOT Kenneth W. "Ken" Stolle - R TOTAL VOTES RECEIVED (I/~ F~OUnES) ._ 13.641 . Total Write-In Votes [ENTER FIGURE FROM LINE 3 on WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 440 24 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above ts a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 2003. A copy teste: Electoral Bored Seal , Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION VIRGINIA B~ACH COUNTY ~ CITY General Special Election MEMBER SE~IATE OF VIRGINIA OFFICE TITLE 8TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] '1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED {IN FIGURES) 371 ENTER TOTAL INVALID 69 ENTER TOTAL VALID 44O ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES ! THROUGH, We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the elecbon held on November 4, 2003, do hereby certtfy that, with the continuation pages ind/cated, the above ts a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5TH day of November,,~ . 2003.--~/j~ ~ /~"~~'~/ .~-~-~. ~~~ ~ ,Chairman Electoral Board Seal , Vice Chairman ...... Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER SENATE OF VIRGINIA 14TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Harry B. Blevins - R TOTAL VOTES RECEIVED (IN FIGURES) 3.118 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 126 9 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above ts a true and correct Abstract of Votes cast at said election for the office mdicated above. Gtven under our hands this day of November, 2003. A copy teste: Electoral i Bored ,' Seal , Chairman , Vice Chairman /~~~/', ~"'~ ~ Secretary, Electoral Board WRITE-INS CERTIFICATiON VIRGINIA BEACH QI COUNW ~ General Special Election MEMBER SENATE OF VIRGINIA OFFICE TITLE 14TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page I of TOTAL VOTES RECEIVED (I. FIGURES) ]06 ENTER TOTAL INVALID 2O ENTER TOTAL VALID 126 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (,) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (il) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES 1. THROUGH, We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuation pages indicated, the above ts a true and correct certificabon of the write-in votes cast at said election for the office indicated above. Given under our hands this A copy tests: Electoral Bo~d Seal day of November, 2003. , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 21ST ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY I~) AS SHOWN ON BALLOT John J. Welch III- R Tim Jackson - D TOTAL VOTES RECEIVED (IN FIGURES) 3.713 ,2,280 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ We, the undersigned Electoral Board, upon examinatton of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th Electoral ~ Bom d / Seal ,' A copy teste: day of November, 2003. , Chairman , Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATiON VIRGINIA BEACH ~] COUNTY ~ CITY General Special Election MEMBER HOUSE OF DELEGATES OFFICE TITLE 21ST DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of 1 TOTAL VOTES RECEIVED (IN FIGURES) 0 ENTER TOTAL INVALID 4 ENTER TOTAL VALID 4 ADO LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (Ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES 1 THROUGH, We, the undersigned Electoral Board, upon examination of the official records depostted with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuation pages indicated, the above is a true and correct certificabon of the write-in votes cast at said election for the office indicated above. Given under our hands this 5TH A copy teste: / / Electoral \ , Chairman , Vice Chairman ., Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 81ST ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Terrie L. Suit- R Lois S. Williams - D Sharon R. Bivens - G TOTAL VOTES RECEIVED (IN FIGURES) 1.191 284 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 3 22 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above Given under our hands this 5th A copy teste. \t Boa~ d Seal day of November, 2003. , Chairman , Vice Chairman .~/~ ,~____~fi '__~. 2~ .~_ .,/_5.,..,~¢ . ,Secretary J~~'p~- '~~~' Secretary, Electoral Board WRITE-INS CERTIFICATiON VIRGINIA BEACH ~1 cou.~ ~1 c,w General I~1 Special Election MEMBER HOUSE OF DELEGATES OFFICE TITLE 81ST DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED (IN FIGURES) 1 ENTER TOTAL INVALID 2 ENTER TOTAL VALID 3 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (il) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES ._._L THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited wtth the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuabon pages indicated, the above is a true and correct certificabon of the wdte-in votes cast at said election for the office indicated above. Given under our hands this,, :~TH A copy taste: Electoral Board , Chairman , Vice Chairman ....... Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 82ND ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Harry R. "Bob" Purkey- R TOTAL VOTES RECEIVED (tn FIGURES) 7,347 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 206 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. G/ven under our hands this 5th day of November, 2003. A copy teste: Electoral Boa~ d Seal , Chairman ~~ "~~ice Chairman , ,, Secretary Secretary, Electoral Board WRITE-INS CERTIFICATiON VIRGINIA BEACH -O COUN~ ~ General Special Election MEMBER HOUSE OF DELEGATES OFFICE TITLE 82ND DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page I of TOTAL VOTES RECEIVED (IN FIGURES) ]62 ENTER TOTAL INVALID 44 ENTER TOTAL VALID 2O6 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES 1 THROUGH .... We, the undersigned Electoral Board, upon examination of the official records deposited w/th the Clerk of the Circuit Court of the elecbon held on November 4, 2003, do hereby certify that, with the continuation pages indicated, the above ts a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this A copy testa: · / ',, Board \ day of November, 200~. . Chairman , V~ce Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 83RD ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Leo C. Wardru~, Jr. - R _ TOTAL VOTES RECEIVED (IN FIGURES) 6,790 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 177 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above ts a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 2003. A copy teste. Electoral I Boa, d / Seal ,' ""'"' - ~ -- -~' , Vice Chairman , Secretary Secretary. Electoral Board WRITE-INS CERTIFICATiON VIRGINIA BEACH Cl cou.w ~il General Special Election MEMBER HOUSE OF DELEGATES OFFICE TITLE 83RD DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] I. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED (IN FIGURES) '158 ENTER TOTAL INVALID 19 ENTER TOT.N. VALID 177 ADD LINES 1 AND 2 VALID WRITE-I NS - DETAIL [RmU~RED ONLY ~F (,) TOTAL NUMBER OF WRITEqNS IS 5% O1~ MOI~E OF THE TOTAL NUMBER OF VOTES CaST FOR OFF~CE OR (i,) A WRiTE-iN Ca.D~DATE WAS ~LECTEO TO T.E OmCE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES ]. THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuation pages indicated, the above ts a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this A copy teste: Electoral Board Seal day of November, 2003. , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 84TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Robert F. "Bob" McDonnell- R TOTAL VOTES RECEIVED (tN FtGUnES) 4.329 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 179 We, the understgned Electoral Board, upon examtnatton of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby' certify that the above ts a true and correct Abstract of Votes cast at satd election for the office indicated above Given under our hands this "3th day of November,~ 2003. . ~, /..-'~~ A copy teste: ~ [ - ~.~omdCt°ral !1 , Vice Chairman , Seal WRITE-INS CERTIFICATiON VIRGINIA BEACH Cl coo.w $t General Special Election MEMBER HOUSE OF DELEGATES OFFICE TITLE 84TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED (IN FIGURES) ]48 ENTER TOTAL INVALID 31 ENTER TOTAL VALID 179 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (il) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES ] THROUGH,.. We, the undersigned Electoral Board, upon examination of the official records deposited w/th the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certtfy that, with the continuabon pages indicated, the above ts a true and correct certificabon of the write-in votes cast at said election for the office indicated above. Given under our hands this 5TH A copy teste: Electoral Board Seal , Chairman , V~ce Chairman , Secretary Secretary, Electoral Board ABSTRA CT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 85TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Robert "Bob" Tata - R Eric A. Potter- I TOTAL VOTES RECEIVED (tN FIOUnES) 7.622 2,737 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ 17 13 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above ts a true and correct Abstract of Votes cast at said election for the office indicated above Given under our hands this 5th day of November, 2003. A copy teste. Electora! Bom d Seal ,' ...... Chairman . Vice Chairman WRITE-INS CERTIFICATiON VIRGINIA BEACH Cl couNw ¢il c,r~ General Special Election MEMBER HOUSE OF DELEGATES OFFICE TI'FLE 85TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED (IN FIGURES) 14 ENTER TOTAL INVALID 3 ENTER TOTAL VALID 17 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE TOTAL VOTES RECEIVED (In FIGURES) CONTINUED ON PAGES ] THROUGH We, the undersigned Electoral Board, upon examination of the official records depostted with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuation pages indicated, the above Is a true and correct certification of the write-tn votes cast at said election for the office indicated above. Given under our hands this .. A copy teste: Electoral Board 5TH ,. day of November, 2003. . ,Chairman , V~ce Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 90TH ENTER DISTRICT NUMBER NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT Algie T. Howell, Jr. - D TOTAL VOTES RECEIVED (IN FIGURES) 285 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... Total Number Of Overvotes For Office ................ We, the understgned Electoral Board, upon examination of the offictal records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Gtven under our hands this A copy teste. 5th tt Electoral I Boad I Seal .' day of November, 2003. · ~----.. , Chairman , V~ce Chairman , Secretary Secretary, Electoral Board WRITE-INS CF_RTIFICA TiON VIRGINIA BEACH I~1 COUNW ~ c,w General Special Election MEMBER HOUSE OF DELEGATES OFFICE TITLE 90TH DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] '1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page I of TOTAL VOTES RECEIVED (IN FIGURES) 6 ENTER TOTAL INVALID 0 ENTER TOTAL VALID 6 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (11) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES ! THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby cerbfy that, with the continuabon pages indicated, the above rs a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this A copy teste: ', Electoral Board / day of Novemb/e~--2003~ .. ,Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, CLERK OF COURT NAMES OF CANDIDA TES AS SHOWN ON BALLOT Tina Esguerra Sinnen Eric T. Schmudde R. P. "Rey" Cabanos Walter W. "Wally'' Erb TOTAL VOTES RECEIVED (IN FIGURES) 26,224 10,433 2,150 3,916 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............. 114 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election. Tina Esguerra Sinnen Given under our hands this A copy teste: '\ Electoral \ Board Seal ] / 5th day of No)/erh"~,~,2003 -~-'--... , Chairman , Vice Chairman , Secretary Secretary, Electoral Board I WRITE-INS CERTIFICATiON VIRGINIA BEACH ~ COUNTY ~ CITY General Special Election CLERK OF COI~RT OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED {IN FIGURES) 103 ENTER TOTAL INVALID 1] ENTER TOTAL VALID ]]4 ADO LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (I) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (11) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE ] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES _._.[_ THROUGH We, the undersigned Electoral Board, upon examination of the official records depostted wtth the Clerk of the Circutt Court of the election held on November 4, 2003, do hereby certtfy that, wtth the continuation pages indicated, the above ts a true and correct certtfication of the write-in votes cast at satd elect/on for the office tndicated above. Given under our hands this 5TH A copy teste: '. Electoral Board Seal day of Novembe~r,~ 2~D~. , Chairman , Vice Chmrman , Secretary Secretary, Electoral Board , I ABSTRA CT OF VOTES cast in the CITY OF VIRGINIA BEACH at the November 4, 2003 General Election, for: , Virginia, SOIL AND WATER CONSERVATION DIRECTOR Virginia Dare ENTER DISTRICT NAME NAMES OF CANDIDATES AS SHOWN ON BALLOT TOTAL VOTES RECEIVED (IN FISURES) Gree Allen Roy D. Flanagan III Brent S. James ......... 1 1.990 · ......... 8:670 ......... 4.062 Cynthia J. Pridmore Donald R. Trueblood 12~891 10,850 Total Write-In Votes [ENTER FIGURE FROM LINE 3 ON WRITE-INS CERTIFICATION] ............... 372 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following persons have received the greatest number of votes cast for the above office in said election: Cynthia J. Pridmore Greg Allen Given under our hands thts A copy teste: 5th dayofNovember, 2003. Electoral ) Board , V~ce Chairman , , Secretary Secretary, Electoral Board I WRITE-INS CERTIFICATiON VIRGINIA BEACH ~ COUNW ~ General Special Election SQI.,L ,,~.ND WATER OFFICE TITLE VIRGINIA DARE DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE-INS - SUMMARY [REQUIRED] *1. Invalid Write-Ins .................................... 2. Valid Write-Ins ...................................... 3. Total Write-Ins ...................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] November 4, 2003 Page 1 of TOTAL VOTES RECEIVED (IN FIGURES) 286 ENTER TOTAL INVALID 86 ENTER TOTAL VALID 372 ADO LINES 1 AND 2 VALID WRITE-INS - DETAIL [REQUIRED ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (Ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED (I, FIGURES) CONTINUED ON PAGES 1 THROUGH We, the undersigned Electoral Board, upon examination of the official records depostted with the Clerk of the Circuit Court of the election held on November 4, 2003, do hereby certify that, with the continuabon pages indicated, the above is a true and correct certification of the write-in votes cast at said electton for the office indicated above. Given under our hands this 5TM A copy teste. / Board ,= .... Chairman ., V~ce Chairman ....... Secretary Secretary, Electoral Board