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HomeMy WebLinkAboutDECEMBER 2, 2003 AGENDAi i i i ii i i i i ii i i i CITY COUNCIL MAYOR MEYERA E O BERNDORF, At-Large VICE MAYOR LOUIS R JONES Baystde - D~strtct 4 HARRY E DIEZ, EL Kempsvtlle -Dtstrtct 2 MARGARET L EURE. Centervdle - Dtstrtct 1 REBA S McCIMNAN. Rose HaH -Dtstrtct 3 RICHARD A MADDO.~; Beach - Dmtrwt 6 JIM REEVE, Pnncess Anne -Distrtct 7 PETER W SCH3/17DE At-Large ROb' A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven .Dtstrtct 5 JAMES K SPORE, Cay Manager LESLIE L L[LLEK Ctly Attorney RUTH HODGES SMTTH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CID"HALL BU1LDIYG I 240I COURTHOUSE DRII~T VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4503 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn December 2, 2003 I. CONSTITUTIONAL OFFICER'S BRIEFING - Conference Room- 1:30 P.M. A. SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE Sheriff Paul J. Lante~gne II REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 3:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION i i l I I I I ' I I I I Il I I I Il i I 11 Il I I I i ii i · i i i · ii VI. FORMAL SESSION 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jonathan Bennett Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 25, 2003 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES Ordinance to MODIFY the application of C~ty Code § 2-85 re maximum carry-over annual leave and TRANSFER $64,635 from the Reserve for Contingencies for the John Muhammad trial to the Sheriff's FY 2003-04 Operating Budget re paying applicable employees for unuse~ annual leave ~n excess of the maximum four hundred (400) hours allowed. . Ordinance to TRANSFER $117,175 from the General Fund Reserve for Contingencies to the General Reglstrar's FY 2003-04 Operating Budget to provide funding for a February 10, 2004, Presidential Primary Election. . Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way at Stratton's Creek by JOHN W., JR. and TAMMY A. WILSON to maintain an existing bulkhead, rip-rap and dock at 444 Goodspeed Road (DISTRICT 5 - LYNNHAVEN) i i i i i i Ii ii i i i ii iii i i i i [ ii i i ! i i i i J. PLANNING . Petition for a Vartance to § 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 dlwded into twenty-four (24) add~tmnal lots w~th one (1) flag lot for KEMP ENTERPRISES, INC. on the south side of Bonney Road, 563 feet east of Kenley Road (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL . Applications ofF. DONALD REID at 3592 Indian River Road. (DISTRICT 7- PRINCESS ANNE) Vartance to § 4.4(b) of the Subdivision Ordinance that reqmres all newly created lots meet all the requirements of the City Zoning Ordxnance (CZO) and to allow a forty-five (45) foot lot subdivision w~th open space and walking trails in the Transition Area Change ofZonzng Dtstrzct Classification from AG-1 and AG-2 Agricultural Districts to Conditional R20 Residential District c. Con&ttonal Use Permtt re Open Space DEFERRED INDEFINITELY: Recommendation: September 23, 2003 APPROVAL . Application of THE CARPENTER'S HOUSE COMMUNITY CHURCH for a Condittonal Use Permit re a church at 1314 Kempsville Road. (DISTRICT 2- KEMPSVILLE) Recommendation: APPROVAL . Application of the CHURCH OF THE ASCENSION for a Condttional Use Permit re a columbarium at 4853 Princess Anne Road. (DISTRICT 2- KEMPSVILLE) Recommendation: APPROVAL . Application of ALLTEL COMMUNICATIONS, INC. for a Conchtional Use Permtt re a communications tower at 812 Sandbridge Road (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL . Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District at 960, 964 and 966 Old Dam Neck Road DEFERRED INDEFINITELY: Recommendation: October 28, 2003 APPROVAL · i I i ii i i i i i IIi ii i i i I' I i i o Appllcat~on of SHIPPS HOLLAND ASSOCIATES, L.L.C. for a Change .o_fZomng District Classification from AG-1 Agricultural District to Conditional I-1 Light Industrial District on the south s~de of Shipps Comer Road, approximately 200 feet east of Holland Road (DISTRICT 6 - BEACH) Recommendation' APPROVAL o Applications ofR. J. MCGINNIS on the east side of Holland Road, south of Shipps Comer Road. (DISTRICT 6- BEACH) ao Change ofZonzng Dzstrzct Classtficatton from AG-1 Agricultural District to Conditlona B-2 Commumty Bus~ness b Condzttonal Use Permtt re a car wash Recommendation: APPROVAL . Or&nance to AMEND the Comprehensive Plan as recommended and certified by the Plannin Commlss~on Recommendation: ADOPTION K. APPOINTMENTS MINORITY BUSINESS COUNCIL PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 4274305 (TDD- Telephonic Device for the Deaf) 11/24/03/gw ! I I I I I II I I I I I II I I I I. CONSTITUTIONAL OFFICER'S BRIEFING - Conference Room - 1:30 P.M. Ao SENIOR CITIZENS REAL ESTATE TAX RELIEF TASK FORCE Shenff Paul J. Lante~gne II REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS I I I I [ I I I I I I I I I I I I I I I I 'I i I II I V. INFORMAL SESSION - Conference Room - 3:00 P.M. A CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION I I I I I I I I I I I I I I VI. FORMAL SESSION 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jonathan Bennett Baylake United Methodist Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 25, 2003 G. AGENDA FOR FORMAL SESSION I I I I I ' III I I iI II CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened ~nto CLOSED SESSION. pursuant to the affirmative vote recorded here and m accordance w~th the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Vlrgima reqmres a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virg~ma Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed m Closed Session to which this certification resolution applies; and, (b) only such public business matters as were ~dentffied in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. i ii Ii i i ! i i i II i i i i iii i i i II. CONSENT AGENDA I. ORDINANCES It Ordinance to MODIFY the apphcation of C~ty Code § 2-85 re maximum carry-over annual leave and TRANSFER $64,635 from the Reserve for Contingencies for the John Muhammad thai to the Sheriff's FY 2003-04 Operating Budget re paying applicable employees for unused annual leave in excess of the maximum four hundred (400) hours allowed. . Ordinance to TRANSFER $117,175 from the General Fund Reserve for Contingencies to the General Registrar's FY 2003-04 Operating Budget to provide funding for a February 10, 2004, Presidential Primary Election. o Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way at Stratton's Creek by JOHN W., JR. and TAMMY A. WILSON to maintain an ex~sting bulkhead, rip-rap and dock at 444 Goodspeed Road (DISTRICT 5- LYNNHAVEN) i i i i ' I i I i i i i I ii I - I II I ii i iI CITY OF VIRGINIA BEACH AGENDA ITEM I I ITEM: Ordinances to Modify Application of City Code § 2-85 to Exempt Sheriff's Office Employees From Leave Carry Over Limitation and to Appropriate $64,635 to Compensate Employees for Lost Leave Time MEETING DATE: December 2, 2003 Background: As a result of the increased staffing needs experienced by the Sheriff's Office dunng the John Muhammad trial, the Sheriff had to cancel all annual leave requests submitted by his employees. As a consequence, the Sheriff's Office will have a number of employees during the 2003 calendar year who will be forced to lose the benefit of their annual leave hours accrued ~n excess of four hundred (400) hours. With the trial continuing through November, there w~ll not be adequate time for affected members of the Sheriff's Office to use the leave without severely affecting the capacity of the Sheriff's Office to be able to perform its mission. It would also be unfair for Sheriff's Office employees to lose the annual leave considering the sacrifices they made in dealing with these unique one-time circumstances. The Sheriff proposes to compensate its employees at their regular rate of pay for all annual leave hours in excess of four hundred (400) at December 31, 2003. This proposed solution will not exceed the estimated cost of $64,635. At the close of the trial, the Sheriff's Office will allow every opportunity possible for the employees to use their leave during the month of December. Considerations: The City of Virginia Beach City Code § 2-85 provides that "no employee shall be paid for unused annual leave except upon termination of employment." To accomplish this goal, a separate ordinance to modify the application of City Code § 2-85 will be necessary to provide a specific exception for the Sheriff's Office. The Reserve for Contingency for the John Muhammad Trial has been established by City Council to ensure that necessary actions are undertaken to support the tdal. The accumulated annual leave in excess of four hundred (400) hours for Sheriff's Office employees was a direct result of accommodating this trial. Public Information: Public Information will be handled through the normal Council Agenda process. Alternatives: The Sheriffs Office employees would lose annual leave accrued ~n excess of four hundred (400) hours. Recommendations' Approve the attached ordinances Attachments: · Ordinance to modify the application of City Code § 2-85 pertaining to maximum carry over of annual leave hours · Appropriation Ordinance Recommended Action: Approval Submitting Department/Agency: ShenffPaul Lante~gne City Manage~ ~-- .~ F \Data~ATY~Ordin\NONCODE\leavepayrollarf wpd AN ORDINANCE TO TRANSFER $64,635 FROM THE RESERVE FOR CONTINGENCIES FOR THE JOHN MUHAMMAD TRIAL TO THE SHERIFF'S FY 2003-04 OPERATING BUDGET TO PAY EMPLOYEES FOR UNUSED LEAVE 6 WHEREAS, the circumstances surrounding the John Muhammad trial 7 forced the cancellation of annual leave for Sheriff's Department 8 employees. 9 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, Virginia: 11 That, subject to the adoption of an ordinance modifying the 12 application of City Code ~ 2-85, $64,635 in funds from the Reserve 13 for Contingencies for the John Muhammad Trial is hereby transferred 14 to the Sheriff's Department's FY 2003-04 Operating Budget, to pay 15 employees for leave accrued in excess of the maximum allowed. 16 Adopted by the Council of the City of Virginia Beach, Virginia 17 on the day of , 2003. CA-9054 Oraln/Noncode/leavepayrol lord. wpd R-1 November 20, 2003 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY: City Attorn-ey~d Office AN ORDINANCE TO MODIFY THE APPLICATION OF CITY CODE § 2-85 PERTAINING TO MAXIMUM CARRY OVER OF ANNUAL LEAVE HOURS ACCRUED DURING THE 2003 CALENDAR YEAR BY SHERIFF'S OFFICE EMPLOYEES AS A RESULT OF THE MUHAMMAD TRIAL 6 Whereas, City Code § 2-85 provides that ~no employee shall be 7 paid for unused annual leave except upon termznatmon of employment 8 .No employee shall be allowed to carry over more than four 9 hundred (400) hours of accumulated annual leave from one calendar 10 year to the next if the employee works a forty (40) hour workweek 11 ."; 12 Whereas, City Code § 2-85 is applicable to the Virgznia Beach 13 Sheriff's Office; 14 Whereas, as a result of the John Allen Muhammad trial, 15 employees of the Virg!nia Beach Sheriff's Office have been required 16 to postpone the taking of annual leave to attend to increased 17 staffing needs; 18 Whereas, the Sheriff has advised City Council that as a result 19 of increased staffing needs due to the John Allen Muhammad trial, 20 that he has cancelled the ability of his employees to take annual 21 leave and as a result they will be unable to reduce the number of 22 annual leave hours accrued in excess of four hundred (400); and 23 Whereas, City Council finds that such result is unzntended and 24 unavoidable under the circumstances and desires to make a one time 25 exception to the applicable City ordinance especially in vmew of 26 the exceptional performance of the Sheriff's Offzce employees during 27 the John Allen Muhammad trial. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That the application of City Code Section 2-85 shall hereby be 31 modzfled to allow the employees of the virginza Beach Sheriff's 32 Offmce who have accrued annual leave hours in excess of four 33 hundred (400) hours as of December 31, 2003, as a result of 34 staffing requirements during the John Allen Muhammad trial and the 35 suspension of leave durzng the trial, to receive payment for those 36 annual leave hours accumulated in excess of four hundred (400) at 37 their regular rate of pay, provided that payments shall be 38 conditioned upon verification in writing by the Sheriff to the C~ty 39 of Vzrginia Beach Payroll Office of the eligibility of each 40 employee under the circumstances and provisions set forth in this 41 ordinance. 42 Adopted by the Czty Council of the City of Virginia Beach, 43 Virgznia, on this day of , 2003. CA-9032 DATA/ORDIN/PROPOSED/02-085.cms.ord.wpd R3 November 20, 2003 APPROVED AS TO CONTENTS: f f's Depa{ _ t APPROVED AS TO LEGAL SUFFICIENCY: Ci~Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: February 10, 2004 Presidential Primary Election MEETING DATE: December 2, 2003 Background: The Democratic Party has called for a Presidenbal Pnmary Election to be held on February 10, 2004. The 2003-2004 budget of the Office of the Voter Registrar did not include funds for a Presidential Pnmary Elect~on. The Presidential Primary Election would be c~ty wide and require all polhng locations to be open, supplied and manned. Considerations: A budget for the February 10, 2004 Presidential Primary Election has been submitted to the Budget Office with necessary line ~tems totaling $117,175. In order to conserve funds, training sessions for election officials will be limited to essential personnel and new officials. Public Information: Public Information would be handled through the normal Council Agenda public information process. · Alternatives: None · Recommendations: Approval · Attachments: Estimates of Expenses for Democratic Primary Election Recommended Action: Approval Submitting Department/Agency: Marlene Claya Hager, Voter Registrar City Manager: (~~~-- ~ F:\Data~ty\Ord,n\Noncode\pnmaryelect~o narf.wpd AN ORDINANCE TO TRANSFER $117,175 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2003-04 OPERATING BUDGET OF THE GENERAL REGISTRAR FOR EXPENSES ASSOCIATED WITH THE PRESIDENTIAL PRIMARY ELECTION 6 WHEREAS, the Democratic Party has called for a presidential primary 7 election to be held on February 10, 2004; 8 WHEREAS, the Code of Virginia, at § 24.2-518, requires the 9 locality in which a primary election is conducted to pay the costs of 10 the election; and 1! WHEREAS, the FY 2003-04 Operating Budget of the General 12 Registrar does not contain funding for this special election, but 13 $117,715 is available in the FY 2003-04 General Fund Reserve for ]4 Contingencies to provide $117,175 to conduct this primary. ]5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: ]7 That $117,175 is hereby transferred from the General Fund 18 Reserve for Contingencies to the Office of the General Registrar's FY 19 2003-04 Operating Budget to provide funding for a February 10, 2004, 20 presidential primary election. 21 22 on the Adopted by the Council of the City of Virginia Beach, Virginia day of , 2003. CA-9052 Ordin/Noncode/primaryelect ionord, wpd R2 - November 13, 2003 APPROVED AS TO CONTENT: Management' ~ APPROVED AS TO LEGAL SUFFICIENCY: At t o OFFICE OF THE GENERAL REGISTRAR BUDGET DEMOCRATIC PRESIDENTIAL PRIMARY ELECTION CITY WIDE FEBRUARY 10, 2004 TEMPO1ChRY HELP $25,165 ELECTION OFFICL&LS Ctuefs - 86 ~ $95 Assxstants- 86 ~ $85 Offimals -442 ~ $75 Supphes P;clmp and Return - 86 ~ $30 Training for Cbaefs and Asastants - 172 ~ $15 Set Up, Check Poll Locauon, Meeting w~th Officmls - 86 ~ $25 RENT OF VOTING EQUIPMENT RENT OF BUILDINGS 8,170 7,310 33,150 2,580 2,150 7,500 375 POLLING LOCATION CUSTODIANS 1,285 BALLOTS - 200,000 CHIP CODING 14,400 2,900 U-HAUL TRUCKS 1,250 TRAVEL - Electoral Board and Staff 175 PRINT SHOP - Ballots, Sample Ballots, AB Supphes, Brochures, Posters, Bookmarks 1,450 ADVERTISING 2,1 Il) MACHINE SUPPLIES - Crimp Hinges, Masks, Stylus POSTAGE 425 4.200 TOTAL $117,175 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: Encroachment Request to maintain an ex~sting bulkhead, rip-rap and dock for John W. Wilson, Jr. and Tammy A. Wilson at 444 Goodspeed Road MEETING DATE: I I I I I I Background: John W. Wilson, Jr. and Tammy A. Wilson desire to maintain an existing bulkhead, rip-rap and dock in Stratton's Creek. These structures were in place when the Wilsons bought the property. Considerations: City staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outhned in the agreement. The Department of Public Works supports the utilization of ~hardened slope stabilization" methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. These methods are successful in areas with soil types classified as highly erodible, specifically during major rainfall events which create high velocities and wave action along bank slopes due to high winds. There are other properties adjacent to the Wilson's property which also have bulkheading, rip-rap and docks Public Information: Advertisement of City Council Agenda Alternatives: Approve the encroachment as presented, deny the encroachment or add conditions as desired by Council. Recommendations: Approve the request subject to the terms and conditions of the agreement Attachments: Ordinance, Location Map, Agreement, Plat and Pictures Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF PUBLIC PROPERTY KNOWN AS STRA'I-I-ON'S CREEK, BY JOHN W WILSON, JR AND TAMMY A. WILSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, John W. Wilson, Jr. and Tammy A. W~lson desire maintain an existing bulkhead, dp-rap and dock within the City's public property located at the rear of 444 9 Goodspeed Road. 10 WHEREAS, City Council ~s authorized pursuant to §§ 15.2-2009 and 15.2- 07, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 12 City's pubhc property subject to such terms and conditions as Council may prescribe. 13 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 15 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John W. Wilson, Jr. and Tammy [ 7 A. Wilson, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachment for maintenance of an existing bulkhead rip-rap and dock in the City's public property as shown on the map entitled: "EXHIBIT A HARDSCAPE LAYOUT 20 PLAN FOR ADMINISTRATIVE APPROVAL WILSON RESIDENCE VIRGINIA BEACH, VIRGINIA WPL ENGINEERS" a copy of which is on file in the Department of Public Works and 22 to which reference is made for a more particular description; and 23 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 24 subject to those terms, conditions and criteria contained in the Agreement between the City 25 of Virginia Beach and John W. Wilson, Jr. and TammyA. Wilson (the"Agreement"), which is 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as John W. W~lson, Jr and Tammy A. Wilson and the City Manager or his authorized designee execute the Agreement. Adopted bythe Council ofthe City of Virginia Beach, Virgima, on the~ of ,2003 CA- PREPARED 6/26/03 PDEJ ESU/DKLEI N/ORD day AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCX ~ CITY AT~'O~E~ v- (~ I If It CRYSTAL LAKE / LOCATION MAP FOR ENCROACHMENT AT 444 GOODSPEED ROAD' GPiN 2 419-51- 51~8 ~C~/E' '~'' = '2_00 PREPARED B P/$,~ ENG CADD FIEPT ~' 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 o2q day of ,~)tr~4¥relb~', 2003, by and between the CITY OF VIRGINIA BEACH, VIRGI2XqA, a municipal corporation, Grantor, "City", and, JOHN W. WILSON, YR. and TAMMY A. WILSON, Husband and Wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNE S SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Section A Lot 38 Princess Anne Hills Park" and being further designated and described as 444 Goodspeed Road, Virginia Beach, Virginia 23451; and WHEREAS, it is proposed by the Grantee to construct and maintmn an exisUng bulkhead, rip-rap and dock, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaimng the Temporary Encroachment, it ~s necessary that the Grantee encroach into a port~on of an existing C~ty waterway known as Stratton's Creek "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, recexpt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2419-51-5188 permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachmem. It is expressly understood and agreed that the Temporary Encroachmem will be maintained in accordance with the laws ofthe 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 Encroachmem Area as shown on that certain plat entitled: "Hardscape Layout Plan for Administrative Approval Wilson Residence Virginia Beach, Virginia WPL Engineers Surveyors Land Planners Landscape Architects," 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 t~om The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be i construed to enlarge the permission and authority to permit the maimenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, norto permit the maintenance and construction of any encroachmem by anyone other than the Grantee. It is further expressly tmderstood 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 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 agreesto 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 temfination of, or material change to, any ofthe insurance policies. The Grantee asstmaes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Gran~ must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans ofthe Temporary Encroachment sealed by a registered professional engineer, ifrequired by either the City Engineer's Office orthe Engineering Division ofthe Public Utilities Department. 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 thereofto 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 stun 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 W. Wilson, Jr. and Tammy A. Wilson, the said Grantees have caused this Agreemem to be executexl by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2 .,by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF ~.g~ CITY/COUNTY~F ~ Cc? ir~, ~1 to-wit: The foregoing instrument was acknowledged before me this ~ i4L day of/~t/-o~et4, .., 2003, by John W. Wilson, Jr. and Tammy A. Wilson. My Commission Expires: it [/3o/~5 o t-tg Notary Publi~ APPROVED AS TO LEGAL SUF.~~Y _ APPROVED AS TO CONTENT (~Y REAL E~T'ATE AGENT LOT--39 GOODSPEED (5o' R/w) -- ~' "¥"""" -.~,,,- ~;- -+ EXHIBIT A ~~:~ ~ WR~ON RESIDENCE -- '~ ' ' ' ~ BEACH. I/~GIt~ · _~_~ ~ lflPL ~O~ S~O~ ~ P~ i iii i ii I ~ i PLANNING , Petition for a Variance to § 4.4(b) of the Subdivls~on Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and allow the property to be divided into twenty-four (24) additional lots with one (1) flag lot for KEMP ENTERPRISES, INC. on the south side of Bonney Road, 563 feet east of Kenley Road (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL . Applications ofF. DONALD REID at 3592 Indxan Paver Road. (DISTRICT 7- PRINCESS ANNE) ao Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area b. Change of Zoning Dtstrtct Classtficanon from AG-1 and AG-2 Agricultural Districts to Conditional 1t20 Residential District c. Con&ttonal Use Perrmt re Open Space DEFERRED INDEFINITELY: Recommendation: September 23, 2003 APPROVAL . Application of THE CARPENTER'S HOUSE COMMUNITY CHURCH for a Conditional Use Permtt re a church at 1314 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL . Application of the CHURCH OF THE ASCENSION for a Condtttonal Use Permit re a columbarium at 4853 Princess Anne Road. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL o Application of ALLTEL COMMUNICATIONS, INC. for a Condtttonal Use Permit re a communications tower at 812 Sandbridge Road (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL , Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Change o_fZoning District Classtficatton from AG-2 Agricultural District to Conditional R-7.5 Residential District at 960, 964 and 966 Old Dam Neck Road. DEFERRED INDEFINITELY: Recommendation: October 28, 2003 APPROVAL ~ i iI ii i i I I , i , I i i , ,~I i , i ii i , I , . o , Application of SHIPPS HOLLAND ASSOCIATES, L.L.C. for a Change ofZontng Distrzct Class~ficatzon from AG-1 Agricultural District to Conditional I-1 Light Industrial District on the south side of Sh~pps Comer Road, approximately 200 feet east of Holland Road. (DISTRICT 6 - BEACH) Recommendation: APPROVAL Apphcations of R. J. MCGINNIS on the east s~de of Holland Road, south of Stupps Comer Road (DISTRICT 6- BEACH) ao Change o_fZomng Dtstrtct Classtficatton from AG-1 Agricultural District to B-2 Community Bus~ness b. Con&ttonal Use Permtt re a car wash Recommendation: APPROVAL Ordinance to AMEND the Comprehensive Plan as recommended and certified by the Commission. Recommendation: ADOPTION THE BEACON SUNDAY, NOVEMBER :[6, 2003 SUNDAY, NOVEMBER 23, 2003 NOTICE OF PUBIJC HEARING Vir~n~ Beach C~y Councd wll meet m the Chamber at City Hall, MunK:~pal Center, 2403. Courthouse Drn~, Tuesday, December 2, 2003, at 6.00 p.m. ~he following alAohcabons w~li be heard' DISTRIC? 6- BEACtl 1. R. J. McGinms Al~rmatma: C~g~ of Zon~g[ D~stnct Class~c, atmn from AG-1 Agncull:ural to Cond~33al B-2 Community Business located on the east side of Holland Road The Comprehensive Plan recom- mends use of th~s property for a vanety of employment uses including business pa~ks, off'roes, and appropr~ely located mclustnal and employment support uses. 2 R J. McGmms Appimatton: .C.o~d~mn~31 Use Pe.rmr~ for a car wash located on the east s4de of Holland Road. 3 Sh~pps Holland Assocrates, LLC Applmabon' Change of Zon[n~ i~.~ tnct Cless~ffcatmn from AG-1 Agricultural to Cond[bonal 1-2 IJght Indus- thai h:xcated on the south s~de of Shq3ps Corner Road The Compre- henswe Plan recommends use of th~s properb/for a variety of employment uses including business parks, oft-roes, and appropriately located ~ndustnat and employment support uses. DISTRICT 2 - KEMPSVlLLE 4. The Carpenter's House Commuruty Church Applmabon. Cond~bon.{~t Use I:~n~R for a church at ~.314 Kempswlte Road 5 Church of the Ascenston Applmatmn Cond. ~;~mal U~ Perrprt for a columbanum at 4853 Pnncess Anne Road 6 Appeal to Dec,stuns of Admm[stra~ve oftr~,rs m rega~ to certain ele- ments of the Sutxlrv~s~on Ordinance, Subd~s~on for Kemp Enterpnses, Inc.. on the south s~e of Bonney Road, DISTRICT 7- PRINCESS ANNE 7 AJItel CommunkT, al]ons, Inc Applmatjon- ~ondff.~onal Use Permit for a commtmtcatmns tower at 812 Sandbridge Road 8 CITY OF VIRGINIA BEACH An Or~nence to amend the C~y of Viq[m~a Beech Comprehensrve Plan as recommended and certified by the Planning Comrmss4on. AIl interested citEens are mv~ted to attend. Ruth Hodges Smfll~, MMCA C~y C~e~k BEACON NOVEMBER 16 and NOVEMBER 23, 2003 10842855 V]rgtnr~ Beach City Council will meet m the Chamber at City Hall Mun~pal Center, 240:[ Cou~ D?e,_ Tues~y..: I~. cern?er 2, 2003. at 6:00 p.m. The following appl~e~ons ~qfl be ne. ara DtSTRICT 6 - BEACH 1. R J .Mc~nms Appl~,atton: ~ of Zonlr~ from AG-1 Agncull~ral to Conditional B,2 Commune/B~smess focamd on the east sMe of Holland R~ed The Coml3mhens~te Plan recom- mends use of ~ls 13a31~ for a vanet~ of employment uses business pa~,s, of~.,es, and a~ropnately located {ndustnat and ernpto~-nt su133ort uses 2 R ~ McGinn~s Al~Ima13on: Cond~tior~l Use Perm,: for a car wash located on the east s~e of Holland Road nnsHolland Associates, LL.C. Apphcat~on Ohanlg~e of 7.om.n~ ~'~lasslficatm~ from AG-1 Agn¢.~_ Itural to Condl~onal !-1 L~_ht m~as- ~i iocateci on ~e south side o~ Sb~ps C~ner Road. The Compre- hens~ve Plan recom~ use of t:his iXOl:)erty fo~ a vanety of emt~oyment t~es including business parks, ofr~-es and appropnate¥ located industrial an~ employrr~nt support uses. DISTRICT 2 - ~LLE 4. The Carpenter's House Commumty C"nurch Apphca~n* _CondP~a; ~ for a chumh at ].314 KempswiJe Road 5 C, hu~m.h of U~e Asce~s~r~ Apphcatlon ~_ond,il[:~'lal Use Permit for a ', cotumbarium at 4853 ~ Anne Road 6 Apoeai t~ Dec~s~ns of Admu~stratwe Officers ~n regard to certain ele- men~s of ~e Subdnns~o~ Ordinance, Subd~ fo~ Kemp Enterl~ses, I~c., o~ ~ sou~h sgte of Bonr~ Ro~d, 7 Alltel Commun~catu:~s, inc Application Corgl~ona! Lt~ Pe~A f~r a commumcat~ons tower at 812 Sandbrklge Road CITY OF VIRGINIA I~..ACH Ail m~erested citizens are inv~ed to attend Ruth Hodges Smith, MMCA Chty C~erk SEACON NOVEMBER 16 ar~ NOVEMBER 23 2003 10842855 Piemental nformation Map D,E-7 Ma Not to Scole Zonin~ History Inc. Subd~wmon Vanance DATE 1-26-99 12-9-97 11-18-97 10-8-96 10-8-96 2 4-9-96 1-19-88 I REQUEST Conditional Use Permit (church) Conditional Use Permit (church) Rezoning (conditional A-24 Apartment to R-5D Residential Duplex) Conditional Use Permit (fraternal lodge) Rezoning (R-5D Residenbal Duplex to conditional A-24 Apartment) Modification of Conditions Rezoning (R-8 Resmdential to A-1 Apartment) IACTION I Granted Granted Granted Granted Granted Granted Granted KEMP ENTERPRISES, INCl Agenda Item 19 Page 6 CITY OF VIRGINIA BEACH AGENDA,, ITEM ,, , ., ITEM: Kemp Enterprises, Inc.- Subdivision Variance MEETING DATE: December 2, 2003 · Background: Appeal to Decisions of Administrative Officers ~n regard to certain elements of the Subdivision Ordinance, Subdiws~on for Kemp Enterprises, Inc. Property is located on the south side of Bonney Road, 563 feet east of Kenley Road (GPINS 14770098360000; 14771007570000; 14771017740000; 14771016940000; port,on of 14770069730000; portion of 14770085670000). DISTRICT 2- KEMPSVILLE Considerations: It ~s the intent of the applicant to create a total of 24 lots on this tract to be served by an interior cul-de-sac intersecting Bonney Road. One flag lot is proposed that has frontage on Bonney Road but will be accessed through the interior road. The "stem" leading to the interior road determines the lot width, and therefore, a subdivision variance is requIred since the stem is too narrow. The proposed flag lot actually has ample frontage on Bonney Road that would exceed minimum lot width requirements if the stem leading to the interior road did not ex~st. Since interior access to the lot is preferable to access on Bonney Road, the flag lot presents a better alternative to a standard lot design. Further, the landscape treatment along the frontage will screen the rear of the lots from Bonney Road, providing a uniform appearance for the subdivision. The Planning Commission placed this item on the consent agenda because the submitted lot configuration is superior to the alternative configuration, which would require d~rect access on to Bonney Road. Staff recommended approval. There was no 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: Kemp Enterprises Page 2 of 2 o One flag lot is permitted as shown on the subdivision plan entitled, "Subdivision Variance Exhibit of Lot 24, Kemps Cove East" by Kellam- Gerw~tz Engineering, Inc. . A one-foot no ingress-egress easement shall be recorded along the frontage of Bonney Road except at the intersection of the proposed interior road as shown on the submitted plan. 3. A fence and landscape treatment shall be provided along the frontage of Bonney Road as shown on the submitted plan. Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planmng Department ~ City Manager: (~~/~-~ ~~17'~ E07 - 215 - SVR - 2003 KEMP ENTERPRISES, INC. Agenda Item 19 November 12, 2003 Pubhc Heanng ! · Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, informabon, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (minimum lot width) LOCATION: Property located on south side of Bonney Road, 563 feet east of Kenley Road GPINS: 14770098360000; 14 771007570000; 14771017740000; 14771016940000; part of 14770069730000; part of 14770085670000 KEMP ENTERPRISES, Agenda Item 19 Page 1 COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE AND ZONING: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 2 - KEMPSVILLE 4 92 acres One s~ngle-family residenbal dwelling / R-5D Res~denbal Duplex D~stnct North: South: East: West: · Across Bonney Road, Wedgewood Trailer Park / A- 12 Apartment District · A buffer of vacant land I~es immediately south of the subject s~te / R-5D Residenbal Duplex D~stnct · Southwest of the buffer, single-family houses fronting Kenley Road / R-5D Residential Duplex District · South and southeast of the buffer are townhouses / A-12 Apartment D~strict · Intermittent s~ngle-family dwellings fronbng Bonney Road / R-5D Residenbal Duplex District · Intermittent single-family dwellings fronbng Bonney Road / R-5D Residential Duplex D~strict The rear of the site is partially wooded. There are no s~gnificant natural resource features on th~s site. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. KEMP ENTERPRISES, INC. Agenda Item 19 Page 2 · The Comprehensive Plan recommends medium and h~gh density residential land use at a density of 3.5 dwelling units per acre or greater. The proposed res~denbal subd~ws~on is consistent w~th the Comprehensive Plan policy to coordinate vehicular access to avoid unnecessary vehicular access points on arterial roadways. Existing Lot: The subject property is currently comprised of four lots plus portions of two more lots. The total combined area ~s 4.92 acres. Proposed Lots: It is the intent of the applicant to create a total of 24 lots on this tract to be served by an interior cul-de-sac intersecting Bonney Road. One flag lot is proposed that has frontage on Bonney Road but will be accessed through the interior road. The "stem" leading to the interior road determines the lot width, and therefore, a subdivision variance is required. ·,, Item Reouired Lot1 Lot Width in feet 80 '16 Lot Area in square feet 10,000 +/- 12,000 .,, *Variance required The submitted plan also shows a fence and landscape treatment along the subdivis~on's frontage of Bonney Road. The fence is described as a three-foot tri-rail vinyl fence. Landscaping consists of trees and bushes behind the fence within a five-foot landscape easement. KEMP ENTERPRISES, INC. Agenda Item 19 Page 3 Staff Evaluation Staff recommends approval of th~s request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. C. Do E. Strict application of the ordinance would produce undue hardship. The authorization of the variance wdl not be of substantial detnment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem ~nvolved is not of so general or recurnng a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, ~nclud~ng dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property ~mmediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staffs evaluation of th~s request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The applicant has demonstrated a hardship through limiting access on Bonney Road. The proposed flag lot actually has ample frontage on Bonney Road that would exceed mimmum lot width requirements if access were not provided through the interior road. Since ~nterior access to the lot is preferable to access on Bonney Road, the flag lot presents a better alternative to a standard lot design. Further, the landscape treatment along the frontage will screen the rear of the lots from Bonney Road, providing a un~form appearance for the subdivision. Staff, therefore, recommends approval of this request subject to the recommended conditions below. KEMP ENTERPRISES, IN(:;. Agenda Item 19 Page 4 Conditions One flag lot is permitted as shown on the subdivision plan enbtled, "Subdivision Variance Exhibit of Lot 24, Kemps Cove East" by Kellam-Gerwitz Engineering, Inc . A one-foot no ingress-egress easement shall be recorded along the frontage of Bonney Road except at the intersection of the proposed interior road as shown on the submitted plan. 3. A fence and landscape treatment shall be provided along the frontage of Bonney Road as shown on the submitted plan INOTE: I i! Further Conditions may be required during the administration of applic, able ci~/ Ordinances. KEMP ENTERISRISES, INC. Agenda Item 19 Page 5 Public A enc¥ Comments Public Works Master Transportabon Plan (MTP): Bonney Road in the wcinity of this applicabon is a four- lane undivided m~nor urban arterial within an approximately 60-foot right-of-way. The MTP designates th~s facdity as an und~wded roadway within a 70-foot right-of-way. There are no projects listed in the current adopted Capital Improvement Plan to upgrade this facdity. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 9,000 14,800 The proposed flag Bonney Road ADT ~ ADT ~ lot generates no add~bonal traffic . -- Average Da~ly Tnps Water' Pubfic Utilities There is a 10-~nch water main in Bonney Road. The site must connect to City water. Sewer: There is an 8-inch gravity sanitary sewer main in Kenley Road. City sewer does not front the site. Sanitary sewer may be extended from Kenley Road if possible. Sewer and pump station analysis for Pump Station 407 is required to determine if flows can be accommodated. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Enwronmental Design (CPTED)concepts and ,strategies as they pertain to th~s site. KEMP ENTERPRISES, INc. Agenda Item 19 Page 7 Fire and Rescue: Minimum fire lane access width should be a minimum of 18 feet, however, ~f an all weather road surface ~s prowded, 16 feet may be acceptable. Th~s will be determined during detailed s~te plan review. KEMP ENTERPRISES, INC. A~enda Item. 19 ~ Pagg. 8 Exhibit A Aerial of Site Location KEMP ENTERPRISES, INC. ^genda Item ~19 Pag~ 9 /4' ,I' ,. i:~ L I I ! ! ,,,, ~- I I I Exhibit B Proposed Site Plan KEMP ENTERPRISES, INC. '~ Agenda Item 19 Page.10 ~-- - ..1111 i J _11 i i i iiiiiii Exhibit C Proposed Site Plan (detail) KEMP ENTERPRISES, INc. Agenda Item lg Page 11 DISCLOSURE STATEME APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) George Kemp,, ,President If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the orgamzation below: (Attach list if necessary) I-I Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated orgamzation. 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: (Attach list if necessary) Paryl C. Lane, President/Treasurer 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) 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 here~n 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 smgn on the subject~mperty at I~ast 30 days pdor to the scheduled public headng according t~ the, ir.~truFt~ ir~his package BO~ ~'~/.;~ ~.~/~'~ ? .! /~ George Kemp,. Preszdent A p! ~ ~gn~ - ~e '/~' . ,/-fA//~- Pr,nt Name B)': J, /'f /TN .... ~ ~.~-~ Daryl C. Lane; President Propert~Owr~(s Sig~ure (1~ different than #l~pl,can{! Pnn, Name , i i,, i ,,,, ,,,,iI Page 11 of 11 Revised 7/1/2003 Exhibit D Disclosure Statement KEMP ENTERPRISES, INc. A~enda Item._19 Page 12 Item # 19 Kemp Enterprises, Inc. Appeal to Decisions of Admlmstratxve Officers xn regard to certain elements of the Subdlwsion Ordinance South side of Bonney Road District 2 Kempsvdle November 12, 2003 CONSENT Dorothy Wood: We w~ll go on to Item #19. which is Kemp Enterprises, Inc. It's an Appeal to the Decisions of Administrative Officers in regards to certain elements of the Subdivision Ordinance, Subdivision for Kemp Enterprises located on the south side of Bonney Road in the Kempsvflle District with three con&t~ons Mr Bourdon. Eddie Bourdon: Thank you. Eddie Bourdon for the apphcant and all of the conditions of this subd~vismn variance apphcat~on are acceptable to us Dorothy Wood' Thank you sir. Is there any opposition to Item # 19, Kemp Enterprises, Inc ~ Heanng none, Jan Janlce Anderson: Thank you. On this parcel the proposal is to have 24 lots developed The variance is for a non-conforming lot, which actually tums into a flag lot. The reason why the flag lot ~s there ~s they only want to have one entrance on Bonney Road so you don't have multiple entrances on the 24 umts. And since the flag lot will be accessed from the internal street it w~ll have frontage of 16 feet and that ~s what you need to access The lot does actually have the lot access according to the zoning code but ~t will require frontage on Bonney Road. So, the Commission believed th~s was a proper use. Dorothy Wood: Thanks Jan. Mr. Ripley, I would move to approve Item # 19 for Kemp Enterprises. Ronald Ripley: Okay. We have a motion to approve the consent agenda item as just read. Do I have a second~ Charlie Salle': Second Ronald Ripley' Seconded by Charlie Salle' Okay Is there any &scussion on the motmn? Okay. We'll call for the questmn. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE Item # 19 Kemp Enterprises, Inc Page 2 KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley By a vote of 11-0, the motion passes Ma~s F, G - I$ Hap No~ t.o Scale AG-I F. Donald Reid AG-2 G~n 1483-38-6300 ZONING HISTORY ;-2 AG-I 1. 8-10-87: Conditional Use Permit (Single-family dwelling)-Approved 2. 3-25-83: Conditional Use Permit (Additions to cemetery)- Approved 3. 11-28-88: Subdivision Variance - Approved 8-13-91: Cond~bonal Use Permit (Church)- Approved 1-13-98: Conditional Use Permit (Private School)- Approved 4. 5-25-99: Rezoning (AG-1 & 2 Agricultural to Conditional R-15 Residenbal) Approved 6-27-00: Rezonlng (AG-1 & 2 Agricultural to Condibonal R-15 Residential) Approved 4-24-01: Modification of Proffers- Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: F. Donald Reid - Subdivision Variance, Change of Zoning District Classification and a Conditional Use Permit MEETING DATE: December 2, 2003 · Background: (a) An Ordinance upon Applicabon of F. Donald Reid for a Conditional Use Permit for an Open Space Promotion on property located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE (b) An Ordinance upon Application of F. Donald Reid for a Chan,qe of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on property located at 3592 Indian River Road (GPIN 1483386300). The Comprehensive Plan recommends use of this property for appropriate growth opportunities consistent with the economic vitality policies of the City of Virgima Beach. DISTRICT 7 - PRINCESS ANNE (c) Appeal to Decisions of Administrabve Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for F. Donald Reid. Property is located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE The applicant is proposing a 45-1ot subdivision with open space and walking trails ~n the Transition Area. The City Council ~ndefinitely deferred th~s matter on September 23, 2003. Considerations: The existing site is heavily wooded with mature trees and vegetation. Wetlands areas and Southern Watershed Management Areas exist on the western side of the site. The highest noise zone under the AICUZ designation encumbers the eastern side of the site. A single-family dwelling occupies the site. The site is zoned ^G-1 and AG-2 Agricultural. The applicant proposes to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District and to obtain a Conditional Use Permit for Open Space Promotion. The Open Space Promotion allows for a reduction in lot sizes provided a minimum of 15 percent open space is provided F. Don Reid Page 2 of 3 throughout the development W~thin the R-20 Res~denbal Open Space Promotion, the m~n~mum lot s~ze ~s 12,000 square feet The proposed development w~ll consist of 45 lots varying ~n s~ze from 12,000 square feet to 41,129 square feet w~th an average lot s~ze of 15,875 square feet Four of the lots do not meet the required lot w~dths ~n the Cond~bonal R-20 Res~denbal D~stnct w~th an Open Space Promohon The lots are shown as flag lots on the submitted plan The apphcant ~s seeking a Subdivision Variance for those lots The s~te ~s located within the Trans~bon Area Residential development should be a secondary component of the open space, and the overall development should strive to achIeve a minimum of 50 percent open space usIng the ex~st~ng natural resources The apphcant proposes 60 percent open space throughout the development, ~nclud~ng areas of the ex~stmg natural resources and the land area encumbered by the greater than 75dB Ldn AICUZ Staff utd~zed the Trans~bon Area Matrix to determine the permitted number of lots w~th~n the proposed development The proposed development is configured to protect and maintain the ex~sbng natural areas along the right-of-way and perimeter of the s~te A minimum 300- foot buffer of existing treed areas along Indian R~ver Road ~s maintained as a scenic buffer, as recommended by the Transition Area Design Guidelines The buffer area will ~nsure that a wooded area ~s maintained along Indian River Road and w~ll effectively camouflage the residential development from the roadway Large open space areas of woods and wetlands are maintained on both the western and eastern sides of the site E~ght foot w~de mulch trads meander through the buffer areas. The apphcant has submitted a conceptual s~te plan w~th proffers that effecbvely addresses the recommendations of the Translbon Area Design Gu~dehnes Staff recommended approval There was no opposibon to the request. · Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0-1 to approve the requests as proffered and w~th the following cond~bons' Condibons for Use Permit 1. The proposed development shall substanbally adhere to the submitted Exhibit enbtled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P C, which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file with the V~rg~n~a Beach Department of Planning F. Don Re~d Page 3 of 3 Before any land d~sturbance occurs on the site, the apphcant shall submit a detailed tree protection and restoration plan to the Development Services Center of the Planning Department for review and approval. The plan shall clearly delineate vegetation to be preserved and all restoration areas Tree m~tigabon for the restorabon areas shall be 2:1. . Residential lot tree canopy shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Requirement Table.' . For the purpose of screening the development from the exisbng agricultural operabons to the northwest, supplemental planbngs of evergreen trees shall be required along the boundaries of lots 31 through 40 in the open space area adjacent to the parcel to the west, if needed. 5. Right and left turn lanes shall be prowded into the site. The design and location are subject to the approval of the Public Works Department. 6. The eight foot mulched trails proposed on the eastern portion of the site shall be modified to provide connectivity with the parcel to the east. 7. A note shall be placed on the plat for Lots 31 to 40 as follows: "Lots 31 to 40 may be subject to sounds, odors, and other affects commonly associated with agricultural operations." Conditions for Subdivision Variance: 1. The subdivision shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Councd and is on file with the Virginia Beach Department of Planning. · Attachments: Staff Review D~sclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planmng Department ~ City Manager:~ //..., F. DONALD REID / # 34, 35 & 36 August 13, 2003 General Information: APPLICATION F13-213-SVR-2003 NUMBER: F 13-213-C RZ-2002 F 13-213-C U P-2002 REQUEST: 34) Subdivision Variance to Section 4.4(b) of the Subdiwsion Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance 35) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential D~stnct. 36) Condibonal Use Permit for an Open Space Promotion. ADDRESS: 3592 Indian River Road Mop ~lc>t t S¢ole F. Donald Reid Glen 1483-38-6300 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 1 GPIN' ELECTION DISTRICT: SITE SIZE STAFF PLANNER: PURPOSE: 14833863000000 7 - PRINCESS ANNE 51 4 acres (47.35 developable acres) Faith Chrishe The applicant is proposing a 45-1ot subdivision with open space of walking trails and wetland areas ~n the Transit,on Area. Major Issues: · Degree to which the applicabon compl~es with the Transibon Area Design Guidelines, as adopted by the C~ty Council on January 25, 2003 · Consistency with the recommendations of the Comprehensive Plan for the Transition Area. Land Use, Zoning, and Site Characteristics: Existin.q Land Use and Zoning The ex~sbng site ~s heavily wooded with mature trees and vegetabon. Wetlands areas and Southern Watershed Management Areas ex~st on the western s~de of the site. The highest noise zone under the AICUZ designation encumbers the eastern side of the site A single-family dwelling occupies the site. The site is zoned AG-1 and AG-2 Agricultural. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 2 Surroundinq Land Use and Zoninq North: South: East: West: · Single-famdy dwellings / A church and private school/AG-1 and AG-2 Agricultural Districts · Indian River Road · Across Indian R~ver Road are Single-family dwelhngs / AG-1 and AG-2 Agricultural D~stncts · Vacant, undeveloped land / AG-1 and AG-2 Agricultural D~stncts · S~ngle-family dwelling / AG-1 and AG-2 Agricultural Districts Zoning and Land Use Statistics With Existing Zoning: Three single-family lots or any of the uses permitted in the Agricultural D~stnct such as agricultural and horticultural uses, borrow pits, churches, golf courses, horse stables, kennels, public utility installations, pubhc buildings and grounds, recreational and amusement facilities of an outdoor nature, and schools. With Proposed Zoning: Forty-five (45) single-family res~denbal dwellings and dedicated open spaces. Zoninq History There is no zoning h~story to report for this site. The site has been zoned agricultural since the creation of the City of V~rgima Beach. Air Installation Compatible Use Zone (AICUZ) The majority of the site ~s ~n an AICUZ of 70 to 75dB Ldn. A portion of the s~te is ~n a greater than 75 dB Ldn surrounding Fentress Airfield and NAS Oceana. The Un~ted States Navy comments that "residenbal land use ~s not compatible" within the greater than 75 dB Ldn AICUZ zone. The United States Navy "would view residential development of this site as an encroachment upon operations at Naval Air Station Oceana". Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 3 Environmental Concerns The s~te ~s comprised of heawly wooded areas, C~ty-defined wetlands, Southern Watershed Management Areas and ~solated pockets of wetlands under the junsd~cbon of the Corps of Engineers (but are not C~ty-defined). The Department of Agriculture examined the s~te for soil types and wetland areas in conjuncbon w~th their review of the proposal They concurred with the Planning Department's analys~s that for the purpose of calculabng density (Section 200 of the City Zoning Ordinance), 47.35 acres of the s~te qualify. Public Facilities and Services Water and Sewer There is no C~ty water or sewer available to the s~te. Water analys~s, construction plans and bonds are required for the water system. Sewer analysis, pump station calculations, construction plans and bonds are required for the sewer system. Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP): Indian River Road in front of th~s s~te is currently an undivided two lane rural highway. It ~s depicted on the Master Transportabon Plan as a 120-foot d~vided right- of-way with a multi-use tra~l and controlled access. Right-of-way reservation or dedication for Indian River Road will be addressed during detaded construction and subdivision plan review. Left and right turn lane improvements will be required with the development of the site. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~sbng Land Use z_ 50 Ind,an Rwer Road 5,000 ADT ~ 7,400 ADT ~ Proposed Land Use 3_ 513 Average Dady Trips 2 Based upon the current AG-1 & 2 Zoning class~flcabon 3 Based upon the proposed Rezonmg to R-20 (OP) and the subd~ws~on of the s~te ~nto 45 residential lots Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 4 Schools School ~urrent Capacity Generation ~ Change 2 Enrollment North Landing 611 690 15 14 Elementary Landstown Middle 1,617 2,143 8 7 Landstown High 1,910 1,931 10 10 I "generation" 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~stmg zoning and under the proposed zomng The number can be pos~bve (add~bonal students) or negabve (fewer students) Public Safety Police: The applicant is encouraged to contact and work w~th the Crime Prevention Office within the Pohce Department for crime prevenbon techniques and Cnme Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this s~te. Fire and Rescue: Fire hydrants must be located w~thin 500 feet of residential structures. Structures must be located w~th~n 200 feet of the road surface for fire department access. Comprehensive Plan The Comprehensive Land Use Map idenbfies the site as being w~thin the Transition Area. The Comprehensive Plan states "this area of the City serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south". The Comprehensive Plan notes that residential growth w~th~n the TransEtion Area should be considered a special type of growth with its own development standards suitable to the atmosphere and character of the area. Two of the primary criteria specified by the Plan for development in the Transibon Area are Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 5 1. Demonstrabon to the City Council that the project establishes the residential component as secondary to the open space component; 2. Demonstrabon to the City Councd that the character of the project is ~n keeping with the character of the Trans~bon area The proposal must also demonstrate adherence to the recently adopted Trans~bon Area Design Gu~dehnes. This development's degree of adherence to the Gu~dehnes ~s d~scussed below ~n the Proffers secbon. Summary of Proposal Proposal · The apphcant proposes to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District and to obtain a Conditional Use Permit for Open Space Promotion The Open Space Promotion allows for a reduction ~n lot s,zes prowded a minimum of 15percent open space ~s provided throughout the development. Within the R-20 Res~denbal Open Space Promotion, the m~nimum lot s~ze ~s 12,000 square feet The proposed development will consist 45 lots varying in size from 12,000 square feet to 41,129 square feet with an average lot s~ze of 15,875 square feet. The site ~s located within the Transition Area. Residential development should be a secondary component of the open space and strive to achieve a mInimum of 50 percent open space using the ex~sting natural resources. The applicant proposes 60 percent open space throughout the development, including areas of the existing natural resources and the land area encumbered by the greater than 75dB Ldn AICUZ. Staff utilized the Transition Area Matrix to determine the permitted number of lots within the proposed development. A copy of the matrix can be found at the conclusion of this report Site Design · The proposed development is configured to protect and maintain the existing natural areas along the right-of-way and perimeter of the s~te. A m~nimum 300-foot buffer of ex~sting treed areas along Indian River Road is maintained as a scenic buffer, as recommended by the Transition Area Design Guidehnes. The buffer area will insure that a wooded area ~s maintained along Indian River Road and effectively camouflage the res~denbal development from view. Large open space areas of woods and wetlands are maintained on both the western and eastern s~des of the s~te. Eight foot w~de mulch trads meander through the buffer areas. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 6 A single entrance from Indian River Road curves through approximately 600 feet of buffer area ~nto the development. Pedestrian crosswalks and a s~dewalk are also proposed along the ma~n roadway. ConceptuaJ Site Layout Plan Of North Landing Estates Vir~tnia Beach, VA UFFER DATE 05/O6/03 1'O le. EMAJN The proposed lots are arranged in groupings along the ma~n entrance road and through four cul-de-sacs. All of the proposed lots are sited so the rear and some of the side yards are adjacent to open space areas. All of the lots have been located outside of the "City-defined" wetlands and Southern Watershed Management Area buffers. Stormwater management ponds are integrated into the site. One of the ponds, located adjacent to the primary roadway, prowdes a visual amenity for the development. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 7 Vehicular and Pedestrian Access Vehicular access is I~m~ted to a single entrance from Indian R~ver Road. The entrance road curves through approximately 600 feet of wooded open space. The design of the entrance prowdes a scenic view into the development · Eight foot wide mulched trails are proposed through the open space along the eastern side of the site and along the front of the s~te. · A s~dewalk and pedestrian crosswalks are proposed along the ma~n entrance road. Stub streets are proposed for connectivity to adjacent parcels. Architectural Design · The apphcant d~d not proffer architectural elevations for the proposed dwellings within the development. Proffer 6 limits exterior finishes to brick, stone, hardi-plank s~d~ng or dryvit. No wnyl siding will be permitted. Living area within the dwellings will be a minimum of 2,400 square feet for ranch style structures and 2,600 square feet for two-story structures. All homes are required to have a two-car garage and exposed aggregate or stamped concrete driveways. Considering the m~n~mum square footage of the dwellings, the required exterior building materials, and the sales prices of homes s~tuated to the north on Indian River Road, staff concludes that the homes will have a value of $400,000 or more, consistent w~th the recommendations of the Comprehensive Plan for the Transition Area. While not proffered, the applicant has submitted elevation drawings of homes that a builder has proposed for th~s development as well as a letter from that builder noting that the lots within the development will sell between $110,000 to $135,000 and the sales prices will start ~n the Iow $400,000 range. Landscape and Open Space · Wetlands areas are located on the eastern portion of the s~te. The western port~on ~s heavily wooded and impacted by the highest AICUZ. The applicant has designed the site to take advantage of the natural resources and AICUZ ~mpacted areas that currently ex, st. Both of these areas will be left as natural open spaces, with recreational trails meandenng throughout A varying natural buffer of a minimum of 300 feet wide will be maintained along Indian River Road, in keeping with the recommendations of the Trans~bon Area Design Guidelines. Proffer 7 will insure that ex~sting natural areas depicted on the proffered site plan are protected. If cleanng does occur within those areas, the applicant will be responsible for restonng the site subject to the approval of the Planning D~rector. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 8 While the submitted s~te plan does not depict on-site landscaping, the applicant w~ll have to prowde tree canopy cover as specified in the C~ty of Virginia Beach's "Res~denbal Tree Requirement Table" on each residential lot. Subdivision Variance Four of the lots do not meet the required lot w~dths ~n the Conditional R-20 Res~denbal D~strict with an Open Space Promotion. The lots are shown as flag lots on the submitted plan. Item Reouired Lot 16 Lot 17 Lot 31 Lot 40 Lot Width ~n feet 100 42* 36* 40* 40* Lot Area in square feet 12,000 19,247 18,318 22,715 41,129 *Variance required Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 When development takes place upon that portion of the Property which is to be developed, it shall be as a single famdy residential community of no more than forty-five (45) budding lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the V~rginia Beach City Council and is on file w~th the V~rginia Beach Department of Planning ("Concept Plan"). The proffer is acceptable. It insures that the proposed development will be in accordance with the submitted conceptual site layout plan. When the Property is developed, the pedestrian trail system and open space improvements shall be constructed substanbally as depicted on the Concept Plan. Approximately 33.3 acres of landscaped parklands w~th pond features and an extensive trail system as depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. A public use easement Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 9 shall be dedicated on those portions of the trad system located w~thin the 300' Transition Area Buffer adjacent to Indian River Road. Staff Evaluation: The proffer/s acceptable. It insures that the goal of 50 percent or more open space within a res/denbal development/n the Trans¢bon Area is achieved. The applicant has designed the development to provide a mimmum of a 300-foot buffer along Indian River Road. Th/s natural buffer should effecbve/y screen the homes and provide a natural scenic view along the right-of-way. The proposed trail system is to be dedicated for public use thus accomplishing the goal of providing an amenity that/s visually and operationally available to those who do not bye within the development. Additionally the trail system can easily be integrated into the proposed trail system for Indian River Road. The landscaped park/ands and pond features provide additional open space and visual amenities w~thin the development. PROFFER # 3 The community entrances and the proposed street secbon of the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. Staff Evaluation: The proffer is acceptable concerning the proposed entrance and street sections as they meet the minimum requirements established by the Public Works Department. Regarding the no on-street parking on one s/de of the road, the proffer is negligible in terms of effect. The applicant would have to request that the Traffic Engineering Division of Public Works post the roadway in order for the Police Department to enforce the no parking requirement. PROFFER # 4 When the property is developed a left turn lane shall be constructed at the entrance to the community from Indian R~ver Road. A public right of way shall be dedicated to the adjoining property to the east and the adjoining property to Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 10 the north as depicted on the Concept Plan. Staff Evaluation: The proffer/s acceptable. The Traffic Engineenng Division of Public Works determined that left and right turn lanes w/fl be required dunng the detailed subdivision and construction plan rewew process. Staff requested connecbvity wlth the adjoining parcels be depmted on the conceptual site plans. Proffering the turn lane and right-of- way connections within the development will reduce any confusion between the applicant and the staff dunng the detailed site plan review process PROFFER # 5 When the property ~s subdivided it shall be subject to a recorded Declarabon of Protective Covenants, Conditions, and Restrictions ("Deed Restricbons") administered by the Property Owners Association which shall be responsible for maintaining all open space areas, including the community owned parklands, pedestrian trail, and the entrance features. Staff Evaluation: The proffer is acceptable. It meets the requirement ~n the of the City Zomng Ordinance open space promotion section concerning improved open space areas to be maintained by the Homeowner's Association. PROFFER # 6 All residenbal dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, w~ndows, and doors, which ~s no less than eighty percent (80%) brick, stone, stucco or similar quality materials. Any one-story dwelling shall contain no less than 2400 square feet of enclosed hving area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a m~n~mum of four hundred ninety (490) square feet of hardened surface area. Staff Evaluation: The proffer is acceptable. The size of the proposed homes and the proposed quality budding materials will contribute to the h¢gh quality appearance of the subdivision. The Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 11 required two (2)-car garages and driveway for each dwelling will help alleviate on-street parking within the proposed development. PROFFER # 7 When the Property ~s developed, every reasonable effort w~ll be made to preserve the ex~sbng mature trees on the s~te and a tree preservabon and restorabon plan shall be submitted to the Grantee for rewew along w~th the Prehm~nary Subd~wsion Plan. Staff Evaluation: The proffer is acceptable. It insures that the areas depicted for open space will be protected and preserved, if there are areas that must be disturbed dunng the construcbon process the proffer insures that those areas w/ii be restored. Staff will not permit any land clearing acbvibes to occur until the preservation and restoration plan has been reviewed and approved. PROFFER # 8 The Grantor recognizes that the subject s~te is located within the Transition Area identified ~n the Comprehensive Plan of the C~ty of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place ~n this area should support the primary purpose of advancing open space and recreabonal uses. In addition to committing s~xty-four percent (64%) of the Property to open space preservation, v~a the ded~cat,on of approximately thirty-three and three-tenths (33.3 +/-) acres of Property to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space promobon pursuant to Grantee's Outdoors Plan. If funds proffered by the Grantor ~n th~s paragraph are not used by the Grantee anybme within the next twenty years for the purpose for which they are proffered, then any funds pa~d and unused may be used by the Grantee for any other public purpose. Grantor agrees to make payment for each res~denbal lot shown on any subdivision plat prior to recordation of that plat. Staff Evaluation: The proffer is acceptable. It provides funds for purchase of open space (or for any other public purpose after 20 years) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 12 PROFFER # 9 Staff Evaluation: w~th~n the C~ty. The proffered $750.00 per lot equates to $33,750.00 Further cond~bons may be required by the Grantee dunng detaded S~te Plan and / or Subdivision review and adm~n~strabon of applicable City codes by all cognizant C~ty agencies and departments to meet all applicable City code requirements. Any references here~nabove to the R- 20 Zoning District and to the requirements and regulations apphcable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the C~ty of V~rginia Beach, V~rg~n~a, ~n force as of the date of approval of th~s Agreement by the City Council, which are by this reference incorporated herein. The proffer is acceptable. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated June 26, 2003, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The request to rezone the site from AG-1 and AG-2 Agricultural Districts to Cond~bonal R-20 Residential District, and obtain a Cond~bonal Use Permit for Open Space Promotion ~s acceptable as proffered and subject to the condibons listed below. The applicant has submitted a conceptual s~te plan and proffer agreement that effecbvely addresses the recommendations of the Transition Area Design Guidelines. A copy of the Transibon Area Matrix can be found at the end of th~s report. Conditional Chanqe of Zoninq and Conditional Use Permit The Transition Area Design Guidelines suggest that developments should strive for a minimum of 50 percent open space by designing with nature, making a special effort to preserve and showcase s~gnificant environmental resources. The apphcant is proposing 60 percent open space ~n the form of wetlands areas, heavily wooded areas encumbered by the highest noise zone designation surrounding Fentress A~rfield and NAS Oceana, and a varying width buffer of a m~nimum 300-foot along Indian River Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 13 Road, which preserves the ex~sting scenic v~ew. Mulched walking trails meander through the buffer along Indian R~ver Road and the eastern s~de of the s~te. The Guidelines suggest that the development should contain lots of varying sizes. The proposed Conditional R-20 Residenbal D~stnct w~th an Open Space Promobon allows the lots to be reduced ~n size to 12,000 square feet in order to preserve open space. The applicant proposes lots varying ~n s~ze from 12,000 square feet to 41,129 square feet with an average lot s~ze of 15,875 square feet. The lots are clustered ~n cul-de-sacs and in small groups along the main roadway w~th all rear yards and some s~de yard facing open space areas. The Guidelines suggest that the development should be fiscally neutral. The applicant prowded documentation that the minimum starting price for a home w~th~n the proposed development will be ~n the Iow $400,000 dollar range. The proposed dwellings will be constructed of high quality building materials, minimum square footage requirements, and double car driveways and garages. Additionally, the applicant is proffering cash proffers of $750.00 per lot, which equates to $33,750.00, for purchase of open space (or for any other public purpose after 20 years) within the City of Virginia Beach. Subdivision Variance Four of the lots in the development do not meet minimum lot wIdth and thus a variance to the requirements of the Subd~wsion Variance is required. Staff evaluation of a Subd~wsion Variance ~s based on several factors, including the degree of compliance with C~ty ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted land use and development practices and theory. Personal hardship does not enter ~nto the Staff's evaluation. Above all, Staff's evaluabon ~s based on Secbon 9.3 of the Subdivision Ordinance, which addresses variances to the ordinance. Secbon 9.3 of the Subdivision Ordinance states: Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Councd unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem ~nvolved is not of so general or recurnng a nature as to make reasonably practicable the formulation of general regulations to be Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 14 adopted as an amendment to the ordinance. D. The hardship ~s created by the physical character of the property, ~nclud~ng d~mens~ons and topography, or by other extraordinary s~tuabon or condition of such property, or by the use or development of property ~mmed~ately adjacent thereto. Personal or selfqnflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning d~strict ~n which the property ~s located at the bme the variance ~s authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in th~s ordinance. Staff recommends approval of the requests for a cond~bonal change of zoning from AG- 1 and AG-2 Agricultural Districts to Conditional R-20 Res~denbal District as proffered, a Cond~bonal Use Permit for an Open Space Promotion subject to the cond~bons listed below, and a Subd~ws~on Variance subject to the cond~bons below Conditions for Use Permit o The proposed development shall substantially adhere to the submitted Exhibit enbtled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the VirginIa Beach City Council and is on file with the Virginia Beach Department of Planning. . Before any land disturbance occurs on the site, the applicant shall submit a detailed tree protection and restoration plan to the Development Services Center of the Planning Department for rewew and approval. The plan shall clearly delineate vegetabon to be preserved and all restoration areas. Tree mibgation for the restorabon areas shall be 2:1. 3. Residential lot tree canopy shall be double the total canopy cover specified in the C~ty of V~rginia Beach's "Residential Tree Requirement Table." . For the purpose of screening the development from the existing agricultural operations to the northwest, supplemental plantings of evergreen trees shall be required along the boundaries of lots 31 through 40 in the open space area Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 15 adjacent to the parcel to the west, ~f needed 5 Right and left turn lanes shall be provided ~nto the s~te. The design and Iocabon are subject to the approval of the Pubhc Works Department. 6. The e~ght foot mulched trads proposed on the eastern porbon of the site shall be modified to provide connectivity with the parcel to the east. Conditions for Subdivision Variance 1. The subdiwsion shall substanbally adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file w~th the Virginia Beach Department of Planmng. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with these rezoning and conditional use permit applications may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approvaL See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 16 Transition Area Matrix NORTH LANDING ESTATES- DATED 5/6/03 Allowable maximum res~denbal density for any rezomng ~n the Trans~bon Area under the pohc~es of the Comprehensive Plan ~s 1 unit per acre The maximum density can be achieved through adherence to the Evaluabve Criteria prowded below and further explained m the Design Gu~dehnes for the Transition Area Each secbon of the Evaluabve Criteria below bes to the Design Gu~dehnes through the graphic ~con at the top of the secbon For further guidance on the respecbve secbon of the Matrix, turn to the page of the Gu~dehnes that has the corresponding graphic ~con Staff wdl 'score' the proposed development for ~ts consistency w~th the Evaluabve Criteria below The scores are then totaled and the total ~s 'plugged' ~nto the formula below to determine the recommended maximum density for the development Evaluative Cnteria Total Comments Natural Resources Degrees to which the project preserves and integrates into the 2.0 overall project the natural resource amenities on the s~te Amenity Nature and degree of the 3.5 amenity Design Degree to which the project 4.5 incorporates good design into the project Line A - L~ne B - Line C - Line D - Line E - (A) TOTAL: (B) TOTAL 1 11 possible points (C) Line (B) * 0.5 = (D) Line (C) + 0.5 dulacre = (E) Line D * total developable acres (47.35) 10 0.91 0.46 0.96 du/acre 45 units total number of points from the worksheets on the following pages. total divided by the total number of possible points, which ~s 11 total from Line B mulbpl~ed by 0 5, which ~s the amount between the baseline density of 0 5 dwelling units per acre and the possible I dwelhng unit per acre (du/ac) total from Line C added to 0 5 du/ac (the basehne density) to obtain the maximum density for the s~te total from L~ne D mult~phed by the number of developable acres on the s~te, thus providing the maximum number of umts for the s~te Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 17 (1) Natural Resources Ex~sbng forests, wetlands, meadows, culbvated fields, and ~ related features Tot al a) Are natural resources protected? Comments: · Yes, the proposed lots have been located YES (0 to 1 1 outs/de of the C~ty defined wetlands and the point) Southern Watershed Management buffer NO (0 points) b) Are natural resources ~ntegrated into project? Comments: YES (0 to 1 · Yes, wooded areas w/th recreabonal trails, a 1 m~mmum of 300 feet in width are retained point) along the nght-of-way. A public use easement shall be ded/cated over the tra~l system as part of the proffered Rezon/ng agreement · The wetlands area to the east and the h~gh noise area to the west, w~th recreational trails, are left as open space ~ i NO (0 points) i I I TOTAL (NATURAL RESOURCES) 2 Insert ~n appropriate box on page 1 ,, Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 18 (2) Am e A feature that ~ncreases the attracbveness or value of the s~te~ consistent w~th the goals and objecbves of the Comprehensive Plan for the Trans~bon Area Total a) Is the amenity, if present, wsually or operabonally available to those who do not own property ~n the development? Comments. i YES (0 to 1 1 · Yes,/n the form of a m/n/mum 300-foot buffer point) along the right-of-way that has recreabon trails w/thin/t The w/de buffer/s visually and operationally available to those who do not own property/n the subd~v/s/on through the ded~cabon of a public use easement · Large wooded port/on of the site are also provided as amen/bes NO (0 points) b) Does the amenity consist of recreabonal components'~ Comments: YES (0 to 1 · Yes/n the form of trails and open space point) .75 areas. However the tra;/ system proposed on the eastern s/de of the site needs to provide connecbv/ty w~th the adjacent parcel. ! NO (0 points) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 19 c) Are improvements made that prowde visual or physmal access to the natural resources on the site OR are ~mprovements made to create a new amenity to the property? YES (0 to 1 1 point) Comments: · Yes, the trails provide access to the open space areas, and the proposed storm water , management facd/bes · Storm water management fac/I/t/es are integrated into the site as amen/bes NO (0 points) d) Is there connectw~ty linking any open space and/or amenibes between this development and adjacent exisbng or future developments? [ YES (0 to 1 .75 Comments: , poInt) · The proposed trails are not linked w/th the surrounding parcels · The trails proposed along the right-of-way can be easily ~ntegrated ~nto the tra/l system proposed for/nd/an River Road · Future nght-of-way connections to adjacent parcels are depicted NO (0 points) TOTAL (AMENITY) 3.5 Insert ~n appropriate box on page 1 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 20 (3) Design , Creabon or execubon m an artistic or h~ghly skilled manner ."~--~. ~~..,~ consistent w~th the goals and objectives of the Comprehensive Plan for the Transition Area Total a) Are natural or manmade water features ~ncorporated ~nto the development ~n a way that they serve as amenities? Comments: I YES (0 to 1 ' point) .75 · Yes, City defined wetlands areas and Southern Watershed Management buffer areas are preserved and depicted as open space · Storm water management ponds are , ~ntegrated ~nto the project and serve as NO (0 points) visual amenities b) Is there an attempt to integrate un,ts w~th amenities within the development? Comments: YES (0 to I .75 · Yes, there/s an attempt to integrate the un~ts point) w/th the amen/t/es w/th/n the development through the trail system ; , NO (0 points) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 21 c) Does the development retain or create v~ews or scenic vistas that can be seen from the road? YES (0 to 1 point) 1 Comments: · Yes, a minimum of a 300- foot buffer of ex/st~ng woodlands will be retained along the right-of-way maintaining the ex/sting natural view. · The entrance curves into the site so that no structures are visible from the right-of-way ! thereby maintaining the natural wew from the right-of-way NO (0 points) =, d) Is a mixture of lot sizes and the clustenng or massing of homes used to achieve a primarily open space development? YES (0 to 1 1 Comments: point) · Yes, there/s a mixture of lot slzes The proposed lots are clustered and sited so that ali rear yards and some side yards abut open space areas · The development exceeds the 50% open space goal ~ NO (0 points) i ! I Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 22 e) Does the development use roadway and "hard ~nfrastructure" that ~s appropriate for its design? Is ~t consistent with the v~s~on and recommendations of th~s area as expressed ~n YES (0 to 1 1 the Comprehensive Plan? point) r Comments: · The proposed roadway sectton ts appropriate for zts design NO (0 points) TOTAL (DESIGN) 4.5 Insert ~n appropriate box on page I Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 23 Z Z Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 24 Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 25 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 26 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH VIRGINIA 23460-2'.68 REPLY REFER TO Set 32/0260 3uly [, 2003 Ms. Faith Christie Planning Depar5ment City of Vlrglnla Beach Building 2, Room !00 2405 Courthouse Drive Virginia Beach, VA 23456 Dear Ms. Chr!ssle: Item 1 on uhe Planning Commission Agenda for July 9, 2003, is a rezonlnq request and proposed residential development by F. Donald 9e!d. The site is located in the 70-75 deccbel (dB) day-n~gh~ average (Ldn) noise zone and partially in the greater than 75 db Ldn. The Navy's A~r Installations Compatible Use Zones Program states that reszdentlal land use is not compatible in t~lS zone. The Navy acknowledges the landowners' deslre to develop the!r property, but i urge you to deny their request. We would view residential development at tn~s site as encroachment upon operations at Naval Air Stat~cn Oceana. If you have any questions, please contact ~y Community Planning Liaison Officer, Mr. Ray F~renze at (757} 433-3158. Copy to: COMNAVREG MiDLANT Mayor Meyera Oberndorf Sincerely and very respectfully, V~rglnla Beach C~ty Council V~rg~n~a Beach Planning Mr. Robert Scot~, V~rgln~a Beach Planning D~rector Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 27 SPECIAL POWER OF ATTORNEY Application No: ...... Property Descn~en (13-al,git Tax Map Number, Street Aaclress or Cc~mmon Description, Borougr~): .... 148.3-39--6300 .... 3592 :tz,,4~nn ~.ve.~ 'poa~; Nc)~J3 s.~3.e of ~n ~f.~ze.z: 'Rcacg, II Il III 111 I Illl I Ill I1[ I __ Ill [ Nature of Use Perm~ S~ugn~ .... ___rj~ ~,-,~_~ P~_~_T!~ .......... the appJicant for the a~3ve reference~ application 1~1e owner of trle pmper:y clescribed aDove I/we tto netet3y make, cons~'~, and appoint R,. ~ ~~,_~, ~..., oE ~s~ ~~, ~ & ~, ~.~. . ,my~eand I'a'~ul"a~mey~n-~c~ aha gmm u~ ~ 'a~mey~~ ~11 power~na au~hori~ ~ m~e appl~on far ~e ~e pe~ff appli~an des~ ~ve. ~d m pe~ ~[ ~ and ~ alt mpmse~ns as ~ pa~n shall d~m ne~ ~d appii~fian, wi~t any [im~on ~a~oe~er, in~ua~ ~ not limi~ ~ ~e f~ll~in9 au~: ~ ~er ~i~ns m whi~ ~ pro~ ~e ~ ~ pmpa~ ~ula b= subjec~ aha ~ ~~ or amend any ao~nm ~n The dgn~, powers, and a~hori~/of said ~tlomey-in-fact herein grant~.d snail mmmenm and be in full force aha effec[ on the ;LbcI~ c~ay al~ D,~be= ,, ,20 02 . and shall remain in I~uli fane anM effect ~er~r until actual '~ace; by ~fie~ mail, return receip[ rec~ueste_cl is receh/ed by ~e Planning Depot, men:pr me City of Cl~esai;~e~e s~at;ng State of/-'~o~,~,~[~ ~-J~J APPliCar{~'~' Subscribed and sworn to before me this /~'?' day of /~JoV~-,~/~="~ 20 c)j~. must be attached wl~ch establishes that me peman signing an behalf of the em~ has zrte authority m act on behat? of anti :o ~3inc~ that ent~. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 28 DISCLOSURE STATEMENT Applicant's Name: F. Donald Re. md List All Current Property Owners Harry A. Potter PROPERTY OWNER DISCLOSURE If the property owner ~s a CORPORATION, hst 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 m the orgamzatlon below: (Attach fist if necessary) I'Z't Check here if the property owner ~s NOT a corporabon, 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 ,s a CORPORATION, I~st all officers of the Corporabon below' (Attach hst if necessary) If the property owner ,s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners ~n the orgamzafion below: (Attach hst if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, or other umncorporated organization CERTIFICATION: J certify that the information contained herein is true and accurate. Signature Print Name Condlbonal Use Permit Application Page 8 of 12 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 29 Z ii ' i I r i ........... il ' Applicant's Name F. Doz,ald Reid List All Current Property Owners Harry A. Potter PROPERTY OWNER DISCLOSURE If the property owner ~s a CORPORATION, list all officers of the Corporation below' (Attach [~st if necessary) N/A If the property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners ~n the organlzabon below' (Attach list if necessary) ..... ~_/_A_ .... [] Check here if the property owner is NOT a corporabon, partnership, firm, or other unincorporated organization If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, I;st all officers of the Corporation below. (Attach list if necessary) _____..~./A if the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, I~st all members or partners m the organization below: (Attach list W necessary) N/A [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organ~zatmn. CERTIFICATION: ! certify that the information contained herein is true and accurate. Signature Print Name Cond~bonal Rezoning Application Page 10 of Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 30 Applicant's Name List All Current Property Owners' F. Donald Reid Har~'y A. Potter PROPERTY OWNER DISCLOSURE If the property owner ~s a CORPORATION, hst all officers of the Corporabon below' (Attach hst if necessary) .... ~i~ ....... 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) .... ~l_~ ....... h"'l Check here if the property owner is NOT a corporabon, partnership, firm, or other u nm corporated orga mzat~on If the applicant is not the current owner of the property, complete the Apphcar~t Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below. (Attach bst ~f necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list ali members or partners in the organization below: (Attach hst if necessary) ~/A ~ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated orgamzabon CERTIFICATION: i certify that the information contained herein is true and accurate. .... Signature Print Name Subdivision Variance Application Page 9 of 13 Moddied I0 16 2002 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 31 Item #34, 35 & 36 F Donald Reid Appeal to Decisions of Adm~mstratlve Officers in regard to certain elements of the Subdivision Ordinance Change of Zomng District Classification Conditional Use Permit 3592 Indian River Road District 7 Princess Anne August 13, 2003 REGULAR Robert Miller: The next ~tems are Items #34, 35 & 36, F Donald Reid. Mr Chmrman, I need to abstmn from these. Eddie Bourdon: For the record, Eddie Bourdon representing the applicant I know from the informal session, and the lateness of the hour you prefer that I would be brief so I will do my best to do just so The p~ece of property that I think most of you know, Mr. Reid, who IS here, as is Steve Val, one of the principals from Lifestyle Homes, and they will be ones who will be building these very beautiful homes that are proposed on this project. The property has been m the Potter family for over a half century. Actually, I thought Mr. Potter was going to be here from Florida, but we haven't seen h~m. The properties on Indian Raver Road, just at the north s~de of the Transition Area, adjacent to the green line and you can see a little bit of what's up there and the fact that development ~s occurring on the other side of the bridge north of th~s s~te. The proposal as your staff has, and we have worked w~th them for frankly ten months ~n working through thxs process and wmt~ng for the TATAC Committee. I guess Jon Glass is watching. This apphcatlon was filed before the TATAC Committee was orgamzed. Th~s ~s not a rushed apphcatlon after TATAC I don't th~nk we have any of those, but anyway the apphcatlon involves dedmated 60 percent of the site to open space w~th extensive trail system. The property itself is 47.3 acres of developable lands and only 45 lots are being proposed We mmntain a beautiful buffer that exists today, very heavily treed along Indxan R~ver Road. This property in my comment to Don when it was first brought ~n, lays out perfectly for what the Comprehensive Plan is looking for and as TATAC went through and made their recommendations, it totally fell into place. We provided a trail system both along Indian Raver Road of 300 feet or more of area that's maintained existing vegetation, a well- treated open space. We put a trail through here, as well as trails up ~n this area of open space on the property. Th~s can easily be put within the trail system that ~s ant~cxpated and envisioned from Stumpy Lake to Back Bay Wfldhfe Refuge. The trails will be a creation by the developers of the property. We have a very race entrance road. Create an entrance road on both sides, sidewalks on both sides. You don't see the housing from the road at all. There will be a beautiful entryway. The proffers are actually what we seen ~n the previous Transition Area apphcation. We provided access to the property here for the future and also access to the property here for the future development. This is the AICUZ hne and the high noise zone over here. Under the current AICUZ map and that's based on flight operations out of Fentress, which is slated to hopefully go away or s~gmficantly reduced. We put the housing over here on the land that's not in a high no~se Item #34, 35 & 36 F. Donald Re~d Page 2 zone. I think staff has done, and I can't find fault w~th anything staff had to say. I think they h~t the nml on the head w~th this apphcat~on ~n terms of their review of lt. We worked sensitively w~th them. We have open space prowded along most of the border of the property where we adjoin an agricultural use. There is some Iow land over here but that is what it is and has been, and we have no problem w~th the condition that we will supplement existing trees w~th additional trees and along here we will plant a complete road trees. There are trees there, and we will maintain them and plant additional trees. That's one of the conditions that we have no problem with at all. The only cond~tion as Stephen White had mentioned th~s mormng that's problematic for us is the condition that involves mandating that we put in a left and right hand turn lane. Left turn is not a problem which we have no problem with a left hand turn lane. We will construct. We can provide the additional right-of-way for that and frankly that ~s going to be the more utd~zed because that is where the traffic is coming from and most of the traffic is gmng. There is no traffic coming northbound that would turning ~nto here and there would be some but the majonty of the trips would be leawng and going north and coming back and leaving there would be the normal destination points would not be going to the south but there will be some. And, were not adverse to putting in a right turn lane. We just have ability to effectuate that. We don't own the property here. The idea of moving the entrance over here is one that we could do but for the fact that there are some isolated non tidal wetlands in ttus area and that would require getting permits from the DEQ to do that. And, I wouldn't say we won't do that, we are concerned about being in a pos~t~on where that's no do able, and we are stuck with having to come back for th~s process. So, we are perfectly happy with putting in a left turn lane and we're w~lhng and I th~nk someone ~s here who w~ll be speakang regarding the property to our south or to our west. If we can obtmn from them the needed right-of-way along Indian River Road we'll put the turn lane ~n. It's just we don't have the authority or the ab~hty to get that, and we have put th~s entrance road at the location that ~s the h~ghest ground and also significant distance from the curb here. But, agmn, that is not saying that ~f we moved ~t up here or a turn lane ~n that would be a problem. It wouldn't but we do have a concern about the permitting process for the non-t~dal wetlands that would involve some disturbance. Ronald Pdpley: D~d you do wetlands dehneatlon? Have you quantified what's there? Eddie Bourdon: There's been dehneatlon there. Unfortunately, Mike Perry is not here so I'm not really in a position, and I don't know much about it, but there are some non-t~dal wetlands, specifically ~n thxs area but they are eye sight but there really ~sn't, and we d~d look at is there a way to come through here without impacting those and the answer is no. So, that's the problem. Their indication to me was that it would be problematic to get those permits. Ronald Rapley: How problematic? Eddie Bourdon: I'm not the one who can answer that question. Item//34, 35 & 36 F Donald Reid Page 3 Ronald Rlpley: Is it a big deal or not? Having that right turn in there would be a good safety thing especially on a small rural road And, not having ~t is obviously not a good safety situation Eddie Bourdon: Well, we are comfortable working with staff and working the property owner to try to make that happen or to go through the permitting process but those are both options that are out there but mandating it when this is the way we do lt. We don't believe that there's enough right-of-way there to do a proffered job in the existing job with a right hand turn lane. Ronald Rlpley: Faith, did you all look at that? Eddie Bourdon: Faith is not here. Ronald Pdpley: This is your application? Did you look at the degree of wetlands that are in there that are kind of problematic situation you might see? Stephen White: I know that Mr. Bourdon is correct, and that there are isolated head- water wetlands in that area. I can't tell you the exact location though. I discussed this with Mr. Bourdon yesterday and actually suggested a realignment of that road as your all talked about. But as notes, it would require them getting permits to go through those isolated head water wetlands, and he could work with the adjoining property owner if so inclined to provide that right hand turn lane. But, we agree with you that it is a safety issue and definitely do need to get that right hand mm lane in there Eddie Bourdon: And, my understanding is that there is someone here who is involved with the property adjacent to us. They have met with and talked with City representatives. They have not contacted me so I have an idea of what they're going to be talking about, and I suspect that there will be a way to make it happen because I have not had any commumcatlon with them. They haven't communicated with me on it. Let's see what they have to say. Ronald Rapley: I think Don has a question. Eddie Bourdon. I think we can provide it Donald Horsley' You got an access just to that property? Eddie Bourdon: Yes. We provided an access to that property here. Donald Horsley: Well, if that property is developed will your road be the access to that property? Eddie Bourdon: That's the way we've done Item #34, 35 & 36 F. Donald Reid Page 4 Donald Horsley. Well that would make that right turn lane pretty much a natural. Eddie Bourdon' Correct We have designed this to provide them so that it will be a shared access situation if and when this property comes into development and apparently that is what ~s being contemplated, so they would not have to have another entrance other than Indian Raver Road and clearly that's what would be afforded if that happens. The problem there IS that under the current AICUZ line, they're in the high noise zone so that's a potential problem that they face. We've also provided a point of access to this property as well as required by staff so we can have connectivity Donald Horsley. Alnght Ronald Rlpley: Are there any other questions? Yes, Will. William Din: Can you address Lot 45 and maybe the nght turn lanes coming into Indian Raver Road there? Does it just come right out? Would you need a right and left turn lane there also? Eddie Bourdon: Lot 45. That's where the ex~stlng home on the property IS located and that lot will be retained. It will be a larger than standard lot. A new house will be built there and replace the one that is there. Across the entire frontage back there will be an easement for the maintenance of the open space. This part of the lot going back and I dare say 200 feet would be natural, preserve, stay as it is. The driveway that is there now will remain. There will be a new house that will be built in place of the one that is there now. But there would not be a mm lane for that one house. No. It's the same situation that exists there today. You have one house. Ronald Rapley: Okay. I th~nk we have some speakers Sorry. Barry Kmght: Eddie, on condition #4, which is the neighbor to the west, Mr. Harrison, Agricultural Operation you said something about planting some trees but they're Evergreen trees. Eddie Bourdon. Evergreen trees. The condition is absolute acceptable as written. Barry Knight: And, also we d~scussed th~s earher but the adjmnlng neighbor also had a concern He has an agricultural operation there and wanted to know if it would be okay to put an additional condation which would be condItaon #7, which states that the note shall be placed on the plat of Lots 31-40 as follows: Lots 31-40 may be subject to sounds, odors and other effects commonly associated with agricultural operations. Eddie Bourdon: Perfectly acceptable. Barry Knlght. Thank you. Item #34, 35 & 36 F Donald Reid Page 5 Eddie Bourdon: That's standard language that we see down the center part of the state. I'll be happy to add that condition Ronald Rapley. Okay. Dot Dorothy Wood. Mr. Rabef Wade Rabey. Rabey? Dorothy Wood. I don't know. It looks like R-A-B-E-F. Wade Rabey: R-A-B-E-Y. Dorothy Wood. Okay. Thank you. Wade Rabey: Hello folks. My name is Wade Rabey. I'm with Rose & Womble, and I represent both the Lees, which is across the street here and the Graves property, so this particular Graves property obviously is gmng to have to be coordinated with the road that they're planning on putting in the Potter's p~ece. I've talked to the Graves, and they would love to see this project happen. They would have no problem working with the developer as far as the intersection there. We do have one concern though. It doesn't line up with the Lee property. There ~s a wedge that is owned by the State that is directly across from this intersection right here that we would have to purchase in order to line our entrance up w~th this entrance. We really prefer to have that thing shifted over and the Graves would be willing to dedicate right-of-way for that to happen so that when we and ffwe ever do be able to develop these two properties we'll have the entrance ~n place and we won't have to put another one that's down here and mess up the taper on the turn lanes and everything. But we would be wflhng to give a turn lane right-of-way dedication for the turn lane and the poss~bihty of g~v~ng a right-of-way dedication down ~n th~s area. I believe that when they did the wetlands study for the Potters they also had a wetlands study for the Graves, so they should enough information to see ff there is a possibility for them to shift that down without slowing their process down any. The other ~s the pump station. We don't have any problem w~th the location. We just want to make sure that we are going to be included. We fully reahze that when we tap ~nto that that will we have to pay a pro-rata type situation, but we just want to make sure that if we have the possibility to develop these two pieces that it's sort of master planned with the Potters p~ece. And, that's basically all we have. We'll be happy to meet with Eddie and Mr. Reed and work that out. The both of these properties are for sale and based on that noise ~ssue which ~s really what's been holding these people back other than the Transmon Area. All those people down there have been wmt~ng for a long time. They're ecstatic over th~s. We appremate lt. Thank you. Dorothy Wood: Mr. Lee. W.J. Lee. Item//34, 35 & 36 F. Donald Re~d Page 6 Ronald Rlpley: Before Mr Lee speaks, Bob, making adjustment to entrances like that this is a proffered plan, I'm not sure on how that would fit in at this point. Robert Scott: I think what you have here is a plan where we're not intending to nail down the exact location of Indian River Road where that road would com. There is some flexibility and it follows a general concept And you already heard mention of the wetlands I don't know where they are but I think wetlands would be a legitimate reason to adjust some road and other element locations consistent with the overall concept. Obviously, they can't move the road east They have no place to move it to but things could be done. I think that one of the reasons why people go through subdivision review is that we can coordinate the location of elements like this that develops or properties are potential subdivisions in the area is to coordinate. If it requires minor adjustments to elements, and the plans like this then as long as a major concept is adhered to, I don't see a problem with it Ronald Pdpley: Okay. Just wanted to make sure that you were okay with that. Please come up. W.J. Lee: My name is Bill Lee. I'm a property owner and a resident practically just across the street from the Potter property. It's right across here. The line runs right straight across these two properties were probably at one time one piece. I've lived out there for 25 years and every time you lose electnmty you have no water flushing toilets. I've raised five kids on the property, so that was a problem, so I'm all for the project particularly the decadence, possibly coming into frmtatlon along with the water comes the water and sewage. And, I'm listed with Rose & Womble and the Graves and myself, we've had our properties for sale. I think the Graves will probably be willing dedicate some property if this road was moved this way, and they would probably dedicate property for a turn lane. If that's not done, this runs directly into a piece of property that the State owns and then if tins is developed, you will have access here but my piece on this side would have to be another road access to Indian River Road. By moving this over this way with a dedication you would have one intersection and that would limit the access to Indian River Road to one position. That's my comments on the project. Ronald Ripley: You pretty much confirmed with the previous speaker said. We appreciate it. W.J. Lee: I'm sorry. Ronald Ripley: I said you're confirming with what the previous speaker said. W.J. Lee: Pdght. Exactly. I've lived there 25 years My taxes are more than double. I've got nothing in the last 25 years other than the garbage collection. For the ones who can't develop or maybe to small to get water and sewage and ones that do develop will realize something for the property they hved off. I'm retired so I can use the benefits from it. Item #34, 35 & 36 F. Donald Reid Page 7 Ronald Rlpley: Thank you Mr Lee. Are there any other questions of Mr Lee9 Thank you. Dorothy Wood: Bobby Roundtree. Bobby Roundtree. I've been referred to Ray F~renze. I'm just here to answer any operational questions. Ray Flrenze: Good afternoon. My name is Ray Flrenze. I'm a Community Planning L~alson Officer for Naval Air Station Oceana. I'm here today on behalf of the Navy to oppose the planned subdivision by F. Donald Reid and we respectfully urge, that the rezomng be demed. I will be speaking on operational issues that will affect th~s area and any questions regarding the actual operation of an mrplane. I would like to refer that to Mr. Bobby Roundtree. Bobby is signed up as a speaker. Bobby is a retired Naval aviator. He flew Tomcats, Hornets. He was a squadron commander for VFA-136, the Nighthawks out of Oceana. In his last assignment was executive officer of Oceana. The proposed project would be located about 5 ½ miles southwest of Oceana and three mxles north of Fentress in a 70-75 decibel day/night average noise zone and partially greater than 75-dembel noise zone. This s~te is d~rectly ahgned to Oceana's Runway Five, one of our busiest runways. There are several key flight tracks that pilots use to namgate to and from Oceana and Fentress that concern us, as they should you. In 2002, Runway F~ve accounted for 44 percent of 218,000 annual flight operations. Aircraft on approach to Oceana conducting straight instrument procedures w~ll fly d~rectly over this property as well overhead arrivals enter a famhty arrivals and departures to and from Fentress. We are on the north end trending runway. Th~s ~s our routine right through here. Airplanes that depart Fentress, Runway F~ve part come d~rect to the airport. Airplanes that depart Fentress after 11:00 o'clock at night between 11-7 will chmb to 1,000 feet and landing configuration proceed d~rect or straight ~nto the runway. I did an analys~s of the traffic count from August 2002 to date and along this path only. Strmght in we flew 6,686 instrument arrivals along that path. Th~s subdivision will be ~mpacted by flight operations will be subject to high single event no~se levels. An F- 18 Hornet of 1,000 feet has a sound exposure level of 109 decibels. An F-18 Super Hornet is expected to have a sound exposure level of 114 decibels. These are the levels that will be typical for an aircraft on late mght straight in amvals from Fentress. At an attitude of 1,500 feet on an instrument approach, the Hornet has a sound exposure level of 106 decibels and a Super Hornet is a 110 decibels. The sound exposure level represents both the intensity of the sound and ~ts duration. I'm almost done. So, for an airplane that flies over ~t includes both the maximum and lower decibels level and is representative of the entire event. Oceana and Fentress are both 24-hour facdltles. We ask that you please consider our concerns on your way to your final dec,sion. We view further development in this area as incompatible and an encroachment upon the operational m~sslon of Oceana. Thank you. Ronald Rlpley: Any questions? Item #34, 35 & 36 F. Donald Rind Page 8 Eugene Crabtree I've got one question Ronald R~pley: Gene. Eugene Crabtree: Looking at the two diagrams, one ~s that we've got protected up there got a black line to lt. It shows the htgh dectbel zone is to the right of that. Yet, you show here in your d~agram that ~t goes directly over the entire property. Ray Ftrenze: Well no. I actually and I guess I should have made a Power Point Eugene Crabtree: I'm just curious as to how those relate to each other. Ray Ftrenze: Where the high dembels are posted. I'm not a great artist. I put the 75 here so I have most of the property in the 70-75 Eugene Crabtree: So, the one up on the project~on up there then is correct. Is that to the left hand side is in a permlsstble zone where that to the right hand is in a non-permlsstble zone. Rtght? Ray Ftrenze: We do not recommend residential develop in the h~gh noase zone of 70-75. Eugene Crabtree: Okay. And, it is in the direct flight hne wtth the runways. Ray Firenze: Yes str. Ronald Rlpley: Okay. Are there any other questions'~ Charhe. Charhe Salle': If I'm understanding your graphic, I assume the red piece is the piece of property tn question. Ray Flrenze: Yes sir. Charlle Salle': What does the yellow represent? Ray F~renze: That's the Transition Area. Charlie Salle': Okay. So, how much of the yellow area ts impacted that all you would object to any development? Ray F~renze: It's a real good questton. Thts ts a great development if you could just move tt from here to here. You know, of all the places ~ts right underneath a major league flight tracks tnto Oceana on that runway. If you could flip these fltght tracks over its the same story up there except nobody lives out over the water. Item #34, 35 & 36 F. Donald Reid Page 9 Charhe Salle'. So, within the area, I guess it looks hke a triangular Is that coming from Fentress9 Ray F~renze: These are different flight tracks. Th~s would be an ~nstrument amval on a radar approach, which I quoted you as 6,600 plus here. And, th~s is another instrument approach, which ~s what we call a tactical approach where the p~lot just navigates the th~ng by h~mself. Here he is getting help from the comptroller. He navigates by h~mself and he's being momtored. But comxng off of Fentress going strmght northeast especially after 11:00 o'clock he does h~s touch and go at Fentress, he comes up and gets to 1,000 feet, wheels down for landing strmght xn to Oceana so he's just screemng the nmse strmght across. Charhe Salle': You see that triangular path that goes from Fentress? Ray F~renze: Here? Charhe Salle': No. That you've drawn on here. It looks hke all of that area and I guess xt's anything outside of that area okay. It looks like the base of the mangle, the broad part ~s at Fentress and it narrows down to the apex at Oceana. Is everything between those hnes the area that you have a problem w~th? Ray F~renze: Yes sir. And ~t's not just they're going to be effected by no~se from the repetitive patterns operations at Fentress and the strmght ~n arrivals to Oceana. So, while they're sp~nmng around out here on Runway F~ve, they're ~n a repet~tive operation and they'll get ~t agmn once they come off and come back Ronald Rlpley: Gene Crabtree has a question. Eugene Crabtree: Does the current environmental impact study that apparently is being done still verify th~s as a danger zone? Ray F~renze: It all depends on what the Secretary of the Navy pinks. There are e~ght basing options. There's two preferred options but they're all out there on the table. Okay, to answer your question, if he picks option six, alternative number SlX, not much changes. But, we don't know that until he makes a dems~on and we put it on paper. Eugene Crabtree: I understand that he hasn't made h~s decision yet. Ray F~renze No sir, he has not. After the 18th of August, anytime after that a decision could be made. Eugene Crabtree: So, we're in hmbo. Ray Flrenze Yes sir. Item #34, 35 & 36 F. Donald Reid Page 10 Ronald R~pley. Are there any other questions? Okay, next speaker. Ray Flrenze: Thank you Ronald R~pley: Thank you Dorothy Wood. John Hams. John Hams: My concerns were taken care of this mormng. I'm good to go Dorothy Wood: The only other speaker we have is Mr. Roundtree, d~d you want add anything now Bobby? Bobby Roundtree: No ma'am. Dorothy Wood: Thank you. That's all the speakers. Ronald Rlpley: We have a gentleman rinsing h~s hand back there. You already spoke and only ff 1ts new ~nfonnation. W.J. Lee: It's ~n reference to the noise. I live right there d~rectly in the path. Ronald R~pley: Come on up ~f ~ts new information please. W.J. Lee: It's ~n reference to the noise information that you received fi.om Mr. F~renze. I hve right there d~rectly in the path probably. Sometimes the mrplane goes right over the house and sometimes ~t's to the right and to the left. I have a high regard for the military and the Navy but at one t~me, their h~gh no~se zone was on the other s~de was on the other s~de of North Landing Road. Fentress ~s fixed plus Oceana has cross-runways. All the traffic doesn't go between Oceana and Fentress It has a cross runway. It depends on the w~nd but they can also land ~n d~fferent direct~ons. Fentress has two landing practice positions, I guess or whatever you might call ~t whether it can come ~n and practme on any and I guess sometimes they do their go around on the Chesapeake s~de and sometimes they do it closer to the Beach s~de. So, I know there's a noise ~ssue but I'm trying to down play it I guess to some extent because I hve there and when I'm in the house the no~se doesn't bother me at all. It doesn't bother me when I'm outside. The 75 decibels or higher was totally on the other s~de of North Landing Road one t~me and Fentress ~s fixed. And for some reason they moved ~t over to the Potter s~de the lease s~de of North Landing Road. I don't know why they d~d that but maybe they got some pressure from Chesapeake to sw~tch ~t or something. They don't always go directly to one field to the other plus they have cross-runways that they could use. Ronald Rlpley: Thank you very much. Eddie Bourdon: Mr. Chairman, first of all with regard to Mr. Rabey's comments, Mr. Item #34, 35 & 36 F. Donald Re~d Page 11 Lee's comments, we're m total agreement. Master planning is the way to go. We don't control where the pump station would be located, but the pump station will be there and a service area wdl encompass some or all of their properties We are perfectly happy to work, as I said and as I k~nd of thought was going to be the case, with moving the entrance over if they'll dedicate the land, we'll bmld it and we'll build the right turn lane That's an easy one. And, that works for everybody We tried to master plan it I see where they thought ~t was better lf~t was over here. If they'll work with us we'll do lt. I think any change ~n that regard is within the Planmng Director's discretion as being substantially and keeping with the plan because we're not changing anything as far as the nuts and bolts of development, just makes ~t a better plan and a better development. They'll do what they indicated we're there with them. We'll bmld the road and put the turn lane in and that works very well. My comments with regard to what I heard from the Navy. I understand that Bobby and Ray are the messengers and as all they are. The expressions of disappointment, then let ~t be a disappointment, and they are not necessarily d~rected at them. But, a number of years ago when the first BRAC Commission came about, Senator Warner represented a p~cket, represented as a TVA, TVR, V~rginia Beach Division, City of V~rglma Beach all worked and stake holders all worked d~hgently for many, many months. In finally resolving an issue that had been out there for years as to how to handle land use issues around Oceana, g~ven the noise issues and that has worked very, very well for qmte a number of years And, now all of a sudden and I could only count because I think ti'ns is where ~t lies lack of political leadership and lack of strength and some Navy admirals getting involved ~n pohtlcs rather than deahng w~th staying the course, doing the right thing. Now we got changnng of positions. Moving all around. It's a moving target. Telhng people and taking the land over without buying, affecting what they can do w~thout paying for lt. It wasn't the case before we had something we could deal w~th. Something that everybody was deahng w~th and now because of the Hornet basing decision, which has been out there for many, many months, we see a change ~n policy. And, that ~s actually what is happening. It's a change ~n policy. Where were the Navy representatives when we decided to spend $200 and some million dollars for the Pavihon expansion? Where were they? We didn't hear from them. Is the City paying $200 million dollars to put a Pawhon expansion in the high noise zone where it shouldn't be? There are a lot of other examples that I can sight but I'm not going to go through ~t all tonight or today. You all know ~t. You understand the s~tuatlon. I'm not going to go ~nto ~t ~n great detad. But, th~s kind of politics, why doesn't make any sense. We're hwng under the rules that we all lived under and are working w~th as a community tried to work with. I support the Navy strongly as anybody does and a lot of other people in this commumty that when this stuff starts fhpp~ng and flopping and going all over the place, you have rural support and that's what w~ll happen ~f they don't stay the course and stay consistent in their leadership. Thank you. Ronald Pdpley: Thank you. That's getting on the soapbox there. Okay. Are there any other speakers? We'll open it up for comments Donald Horsley: I'll start because I have to go. I think the applicant did an outstanding job developing a piece of property that probably ten years ago everybody rode by and Item #34, 35 & 36 F. Donald Reid Page 12 said that property wall never be developed. But, I think he's done an outstanding job I think he's addressed the concerns of any neighbors that came by. I think he's shown a wdhngness to work with the adjo~mng property owners, and I th~nk this ~s a good amemty ~n the Transition Area. The 60 percent open space ~s a benchmark for a lot of the developments we can look at now. So, I support the apphcatlon. When you're ready for a motion, I'll make ~t. Ronald Rlpley: Are there any other comments9 Barry. Barry Kmght. I support the apphcatmn also. I did have a httle bit of concern about and I've heard ~t said so many times about the Navy has a moving target. We all support the Navy. We all want as many squadrons here as we can possibly get, and we want to support them but th~s mowng target. We've it mentioned many, many t~mes but th~s a nice development. Just actually like Don said and when it ~s time to make a motion please ~nclude condition #7 Ronald Rlpley: Is there anybody else? Jan. Janlce Anderson: I'm going to support the project also. I think ~t falls nght ~n place w~th what the Transition Area. So far as the noise zone, I think we have to st~ck hke Mr Bourdon smd right now, housing ~s allowed ~n these other places from 70 up to 75 and that's what ~t is zoned now, so I don't see holding it up and thinking five months about may change. And they don't have any housing m that h~gher zone so I don't have any problem with that. Ronald Pdpley: Does anybody wish to say anything else? Gene. Eugene Crabtree: I have a problem w~th the noise zone and the d~rect fhghts because as everyone knows I support the Navy and the mr space totally I think the development is an excellent development and the way it's drawn up on the board. But I do have reservations because it's m that d~rect flight line. However, if it's built and people buy in that area then they're taking their own chance. I wouldn't want them ten years from now coming back and blaming the Navy for ~t. Not being able to hear right or whatever. But I just want to say that and I do have reservations about th~s. Ronald Ripley: It appears to meet the intent of the gmdehnes for the Transition zone. It seems like ~t's been worked through pretty thoroughly. I do also favor approval of this. I say it's umquely lind out, but ~t's lind out for the Transition gmdehnes, which does make ~t unique. I am concerned too w~th the noise zone issue, but on the other hand I have some concerns with the way perhaps we need to resolve that difference, and we need to resolve the policy ff you wxll so that the Navy and the C~ty can reside together, and we don't have conflicts on th~s type of issue. Barry, do you wish to make a motion? Barry Knight: I'm ready to make a motion. Item #34, 35 & 36 F Donald Re~d Page 13 Ronald Rlpley: Please. Barry Knight: I'd like to make a motion that we approve agenda items #34, 35 & 36 and add condition #7 as I read before. I can read it again Condition #7, a note shall be placed on the plat on Lots 31-40 as follows. Lots 31-40 may be subject to sounds, odors and other effects commonly assomated with agricultural operations. Ronald R~pley: That's a motion by Barry. Seconded by Don Horsley. Let the record that Bob Miller left before the proceedings, and I th~nk he had to abstmn on ~t anyway. I th~nk h~s finn d~d the design So, are we ready to vote? Let's call for the question. AYE 9 NAY 1 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE NAY ABS Ronald Rapley: By a vote of 9-1, the motion careers I think were completed. Ttus meeting is adjourned. City of Virginia Beach IhtTER-0FFICE CORRESPOhrOENCE In Reply Refer To Our File No. DF-5669 DATE: TO: Leslie L. Lilley FROM: B. Kay Wilson~x'~ DEPT: DEPT: Conditional Zoning Application F. Donald Reid and Harry A. Potter September 10, 2003 City Attorney City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 23, 2003. I have reviewed the subject proffer agreement, dated June 26, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SYKES. t~OU;ll)ON. AttERN & LEVY. PC F. DONALD REID HARRY A. POTTER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 26th day of June, 2003, by and between F. DONALD REID, Grantor, party of the first part; HARRY A. POTTER, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 51.4 acres and described as 'Parcel One" in Exhibit "A' attached hereto and incorporated herein by this reference which parcel is herein referred to as the 'Property'; and WHEREAS, the party of the first part is contract purchaser of ~Parcel One" has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 to Conditional R-20 Residential District with a Conditional Use Permit for Open Space Promotion; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1483-38-6300 PREPARED BY tSYI([S R¢)Lrttl)ON Att~h~ & I.[W. P {' WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-20 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or qmd pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than forty-five (45) building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA', dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ('Concept Plan'). 2. When the Property is developed, the pedestrian trail system and open space improvements shall be constructed substantially as depicted on the Concept Plan. Approximately 33.3 acres of landscaped parklands with pond features and an extensive pedestrian trail system as depicted on the Concept Plan shall be dedicated to and m~ntained by the Property Owners Association. A public use easement shall PREPARED BY : $Yi([$ ~OUI~DON. Ati~N & LIVY. P c be dedicated on those portions of the trail system located within the 300' Transition Area Buffer adjacent to Indian River Road. 3. The community entrances and the proposed street section of the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. Sidewalks shall be provided on the main entrance road as depicted on the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. 4. When the Property is developed a left turn lane shall be constructed at the entrance to the community from Indian River Road. A public right of way shall be dedicated to the adjoining property to the east and the adjoining property to the north as depicted on the Concept Plan. 5. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all open space areas, including the community owned parklands, pedestrian trail, and the entrance features. 6. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than eighty percent (80%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. 7. When the Property is developed, every reasonable effort will be made to preserve the existing mature trees on the site and a tree preservation and restoration plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. 8. The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development PREPARED BY SY[E$. [IOtTI~DON, MIeN & LEVY. taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing over sixty-four percent (64%) of the Property to open space preservation, via the dedication of approximately thirty- three and three-tenths (33.3+) acres of the Property to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they axe proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-20 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specific~y repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the PREPARED BY SY~S. t~OUI~D()N MI[I~ & brvY. PE governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ff not so recorded, said instrument shall be void. The Grantor covenants a_nd agrees that: (1) The Zordng Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions mad restrictions, including the authority {a) to order, in writing, that any noncompliance with such conditions be remedied; and {b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY lSYI([S. I}OUI~DON. AIlERN & L['VY PC WITNESS the following signature and seal: GRANTOR: F. Donald Reid (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7th day of July, 2003, by F. Donald Reid, Grantor. Notary Public My Commission Expires: August 31, 2006 PREPARED BY SY,LI:S. I}OUtlDON. AII~N & LE~. P.C WITNESS the following signature and seal: STATE OF FLORIDA CITY/COUNTY OF Manatee , to-wit: (SEAL) The foregoing instrument was acknowledged before me this July ,2003, by Harry A. Potter. .. Kathryn A. Se±der My Commission Expires: 9 / 19 / 0 5 7th day of  I(ATHRYN A. SEIDER Notary Pubhc, State of Florida My corem expires Sept. 19, 2005 Corem No. DD058821 Bonded Thru Service Insurance Company, Inc PREPARED BY J§YE[§. DOU~DON, AII~N & LEVY. ? C EXHIBIT "A" PARCEL ONE: All that certain tract of land located in the Princess Anne Borough of the City of Virginia Beach, Virginia, marked Harry A. Potter 50.42 AC., as shown on a certain plat entitled "Survey of Property of George W. Bratten, Jr., et al, W.B. 35 P. 374, Harry A. Potter D.B. 663 p. 598, Princess Anne Borough, Virginza Beach, Va." Made by Gallup Surveying, Ltd., dated May 28, 1974, and revised September 28, 1979, recorded in the Clerk's Office of the C~rcuit Court of the City of Virginia Beach, Virginia, m Map Book 144, page 10, and being more particularly described as follows: Beginn/ng at a pin in the north side of Indian River Road at the dividing line between the Harry A. Potter and Edmonds tracts as shown on said plat, and from said point of beginning running N 56 degrees 10 minutes 33 seconds W, along the north side of said road, a distance of 980.90 feet to a point; thence continuing along the north side of said road in a radial arc with a radius of 373.89 feet a distance of 188.21 feet to a point; thence continuing along the north side of said road N 27 degrees 20 minutes 03 seconds W a distance of 323.51 feet to a point; thence running N 60 degrees 57 minutes 21 seconds E a distance of 1044.49 feet to a pin; thence running N 27 degrees 20 minutes 03 seconds W a distance of 208.70 feet to a pin; thence running N 62 degrees 32 minutes 08 seconds E a distance of 783.92 feet to a poplar; thence running S 24 degrees 50 minutes 53 seconds W a distance of 935 feet to a pin; thence running S 61 degrees 32 minutes 33 seconds E a distance of 1125.31 feet to a pipe; thence running N 28 degrees 14 minutes 07 seconds E along a ditch a distance of 187.22 feet to a point; thence running S 64 degrees 44 minutes 06 seconds E a distance of 632.60 feet to a pipe; thence running S 64 degrees 13 minutes 52 seconds W a distance of 932.04 feet to a pin; thence running S 89 degrees 46 minutes 08 seconds W a distance of 75 feet to a pin; thence running S 86 degrees 43 minutes 52 seconds W a distance of 379.50 feet to a pin; thence running S 74 degrees 13 minutes 52 seconds W a distance of 404.61 feet to a pin, the point of beginning PARCEL TWO: All that certain tract of land located in the City of Virginia Beach, Virginia formerly Seaboard Magisterial District, Princess Anne County, Virginia, lying north of the Indian River Turnpike, containing Forty-five (45) acres, more of less, out of a tract of seventy-nine (79) acres, as shown by plat of the same recorded in Map Book 10 page 90, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Said tract being bounded on the North, by Salem Public Road; on the East, by the property now formerly Sam Snowden; on the South by the Indian River Turnpike and on the West, by the property now or formerly Bratten and Sawyer. GPIN: 1483-38-6300 CONDRET~NE/REID/PROFFER. 3 REV.6/26/03 FORM NO P S ll9 City o£ Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5669 DATE: November 24, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilson~~'x~ DEPT: City Attorney Conditional Zoning Application F. Donald Reid and Harry A. Potter The above-referenced conditional zomng application is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated June 26, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SY[[S. t~OU~DO~, F. DONALD REID HARRY A POTTER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a munlczpal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 26th day of June, 2003, by and between F DONALD REID, Grantor, party of the first part, HARRY A. POTTER, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a mumczpal corporation of the Commonwealth of Vlrglma, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the C~ty of Virginia Beach, Virginia, containing approximately 51.4 acres and described as "Parcel One" in Exhibit "A' attached hereto and incorporated herein by this reference which parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part is contract purchaser of "Parcel One" has initiated a conditional amendment to the Zoning Map of the City of V~rgmla Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 to Conditional R-20 Residential District with a Conditional Use Permit for Open Space Promotion, and WHEREAS, the Grantee's policy is to prmnde only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the commumty that are not generally apphcable to land snmflarly zoned are needed to cope vath the situation to which the Grantor's rezoning application gives rise; and GPIN: 1483-38-6300 PREPARED BY U§YK[S t~0UttDON AIt~N & LPg' PC WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, m addmon to the regulations provided for the R-20 Zoning D~stnct by the exlstang overall Zoning Ordinance, the following reasonable condmons related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and apphcable to the Property, which has a reasonable relation to the rezonmg and the need for which is generated by the rezonmg. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors m t~tle or interest, voluntarily and without any reqmrement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quq for zoning, rezomng, s~te plan, building permit, or subd~wsion approval, hereby makes the following declarataon of cond~taons and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declarataon shall constitute covenants running wuth the Property, which shall be binding upon the Property and upon all part~es and persons clamming under or through the Grantor, its successors, personal representatives, asmgns, grantee, and other successors m interest or title and which will not be required of the Grantors until the Property ~s developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residentaal community of no more than forty-five (45) builchng lots substantxally in conformance v~th the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the V~rgm~a Beach City Council and is on file w~th the Virginia Beach Department of Planmng ("Concept Plan"). 2. When the Property is developed, the pedestrian trml system and open space improvements shall be constructed substantially as depicted on the Concept Plan. Approxrmately 33.3 acres of landscaped parklands wuth pond features and an extenmve pedestrian trail system as depmted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. A public use easement shall % PREPARED BY SYEES./}OURDON. A~IIERN &LgVY PC be dedmated on those portions of the trail system located wathm the 300' Transxtion Area Buffer adjacent to Indian Rxver Road. 3 The community entrances and the proposed street sectaon of the roads within the commumty shall be constructed and ~nstalled substantzally m conformance wxth the detailed plans on the Concept Plan S~dewalks shall be prowded on the main entrance road as depicted on the Concept Plan. No on-street parking shall be permxtted on one sxde of every road wxth~n the commumty. 4 When the Property ~s developed a left turn lane shall be constructed at the entrance to the commumty from Indian River Road. A pubhc right of way shall be dedmated to the adjoining property to the east and the adjmnmg property to the north as depicted on the Concept Plan. 5 When the Property ~s subdivided it shall be subject to a recorded Declarataon of Protectave Covenants, Conditxons and Restncttons ("Deed Restrictions") admimstered by a Property Owners Association which shall be responmble for maintaining all open space areas, including the commumty owned parklands, pedestrian trail, and the entrance features. 6. All residentxal dwellings constructed on the Property shall have vxmble exterior surfaces, excluding roof, trim, windows, and doors, whxch is no less than exghty percent (80%) brick, stone, stucco or similar quahty materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed hying area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelhrtg to have, at a minimum, a two (2) car garage and a driveway (~ncluding apron) wuth a minimum of four hundred ninety (490) square feet of hardened surface area. 7. When the Property ~s developed, every reasonable effort will be made to preserve the existing mature trees on the s~te and a tree preservation and restoratxon plan shall be submitted to the Grantee for revxew along with the Prehrnmary Subdivision Plan. 8. The Grantor recognizes that the subject s~te is located within the Transilaon Area identified m the Comprehensive Plan of the C~ty of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development PREPARED BY §YI~S, ]~OUP. DON. AttEt~N & LEVY taking place xn this area should support the primary purpose of advancxng open space and recreataonal uses In addltton to commztting over mxty-four percent (64%) of the Property to open space preservatxon, via the dedxcatxon of approximately tharty- three and three-tenths (33 3+) acres of the Property to the Property Owners Assocmtxon as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utxhzed by the Grantee to acqmre land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor m this paragraph are not used by the Grantee anytxme wuthm the next twenty (20) years for the purpose for which they are proffered, then any funds pa~d and unused may be used by the Grantee for any other pubhc purpose. Grantor agrees to make payment for each remdentxal lot shown on any subd~vxsxon plat prior to recordatson of that plat. 9. Further condxtxons may be required by the Grantee during detailed Site Plan and/or Subdivision rexaew and admimstratson of apphcable Cxty codes by all cognizant Cxty agencies and departments to meet all applicable C~ty code reqmrements. Any references herexnabove to the R-20 Zoning District and to the requLrements and regulatsons applicable thereto refer to the Zomng Ordinance and Subdivxsion Ordinance of the Cxty of Virginia Beach, Virguma, m force as of the date of approval of thru Agreement by City Council, which are by th~s reference incorporated herein. The above conditions, haxang been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall contanue in full force and effect until a subsequent amendment changes the zoning of the Property and specnqcally repeals such condmons. Such conchtions shall continue despite a subsequent amendment to the Zoning Ordinance even ff the subsequent amendment xs part of a comprehenmve maplementatton of a new or substantxally revised Zoning Ordinance unttl specifically repealed. The conditions, however, may be repealed, amended, or vaned by written instrument recorded in the Clerk's Office of the Circmt Court of the Cxty of %rginia Beach, Vrrginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that smd instrument xs consented to by the Grantee m writing as evidenced by a certified copy of an ordinance or a resolutton adopted by the PREPARED BY 5WEI;S. [~OUI~DON, govermng body of the Grantee, after a pubhc hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of V~rgtma, 1950, as amended Smd ordinance or resolution shall be recorded along w~th smd ~nstrument as conclumve evidence of such consent, and ff not so recorded, smd instrument shall be vmd. The Grantor covenants and agrees that: (1) The Zoning Adm~mstrator of the C~ty of Virg~ma Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of V~rgima Beach, Virg~ma, to adm~mster and enforce the foregoing cond~ttons and restrictions, including the authority (a) to order, in writing, that any noncomphance w~th such conditions be remedied; and (b) to bring legal action or suit to insure comphance with such condmons, ~ncluding mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The faxlure to meet all conditions and restrictions shall constatute cause to deny the ~ssuance of any of the required building or occupancy permits as may be approprmte; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these prowsions, the Grantor shall pelntion the governing body for the rewew thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily avmlable and accessible for pubhc inspection in the office of the Zoning Admimstrator and ~n the Planning Department, and they shall be recorded in the Clerk's Office of the Circmt Court of the City of V~rginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY U§YEt_S, ~OUPJ)ON AltON & LEv% P C WITNESS the followzng mgnature and seal: GRANTOR cc- -z ~ t ,. ' tz =....---------~,/ F Donald Re~.d (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wzt: The foregoing instrument was acknowledged before me thts 7th day of July, 2003, by F. Donald Reid, Grantor. My Comm~sslon Expires: August 31, 2006 PREPARED BY ~ $YI([5~. ~OUt~DON ~1~ AlttmN & LEVY, p C WITNESS the following signature and seal' STATE OF FLORIDA CITY/COUNTY OF Manatee , to-wit: The foregoing ~nstrument was acknowledged before me this July ,2003, by Harry A. Potter / ×?/' .,- /f.' >.:, 5' ' /'Notary Public Kathryn A. Seider My Commismon Expires: 9 / 19 / 05 7th day of ,'~,~ K~.THRYN A. SEIDER Notary Pubhc, State of Florida My corem expires Sept 19, 2005 Corem No DD055821 Bonoed Thru Sen, Ice ~nsuraqce Company, [nc PREPARED BY [] SYKES. [~OURDON, EXHIBIT "A" PARCEL ONE: All that certain tract of land located in the Princess Anne Borough of the City of Virgunla Beach, V~rglma, marked Harry A. Potter 50 42 AC., as shown on a certain plat entitled "Survey of Property of George W. Bratten, Jr, et al, W.B. 35 P. 374, Harry A. Potter D.B 663 p. 598, Pnncess Anne Borough, V~rglma Beach, Va" Made by Gallup Surveying, Ltd., dated May 28, 1974, and revised September 28, 1979, recorded in the Clerk's Office of the Clrcmt Court of the City of Virginia Beach, Vlrglma, ~n Map Book 144, page 10, and being more particularly described as follows Beginning at a pin ~n the north side of Indian River Road at the dlwding hne between the Harry A Potter and Edmonds tracts as shown on said plat, and from said point of beginning running N 56 degrees 10 minutes 33 seconds W, along the north side of smd road, a distance of 980.90 feet to a point; thence cont~nulng along the north s~de of said road in a radial arc with a radius of 373.89 feet a distance of 188 21 feet to a point; thence contmulng along the north side of said road N 27 degrees 20 minutes 03 seconds W a distance of 323.51 feet to a point; thence running N 60 degrees 57 m~nutes 21 seconds E a distance of 1044.49 feet to a pin; thence running N 27 degrees 20 minutes 03 seconds W a d~stance of 208.70 feet to a pm; thence running N 62 degrees 32 minutes 08 seconds E a distance of 783 92 feet to a poplar; thence running S 24 degrees 50 m~nutes 53 seconds W a distance of 935 feet to a pm, thence running S 61 degrees 32 minutes 33 seconds E a distance of 1125 31 feet to a pipe, thence running N 28 degrees 14 minutes 07 seconds E along a d~tch a distance of 187.22 feet to a pmnt; thence running S 64 degrees 44 minutes 06 seconds E a distance of 632.60 feet to a pipe; thence running S 64 degrees 13 m~nutes 52 seconds W a distance of 932.04 feet to a pm; thence running S 89 degrees 46 minutes 08 seconds W a distance of 75 feet to a p~n; thence running S 86 degrees 43 minutes 52 seconds W a distance of 379.50 feet to a pm; thence running S 74 degrees 13 minutes 52 seconds W a distance of 404.61 feet to a pin, the point of beginning PARCEL TWO: All that certain tract of land located in the City of Virglma Beach, V~rgima formerly Seaboard Magisterial District, Princess Anne County, Virginia, lying north of the Indian River Turnpike, containing Forty-five (45) acres, more of less, out of a tract of seventy-nine (79) acres, as shown by plat of the same recorded in Map Book 10 page 90, in the Clerk's Office of the Circuit Court of the Cxty of Virginia Beach, Virglma. Said tract being bounded on the North, by Salem Pubhc Road; on the East, by the property now formerly Sam Snowden; on the South by the Indian River Turnpike and on the West, by the property now or formerly Bratten and Sawyer. GPIN. 1483-38-6300 CONDREZONE/REID / PROFFER 3 REV 6/26/03 Supplemental ! nformation'~-.~ Zonin~ History Map C-9 The Carpenter's House Church CUP - Church DATE 9-14-81 2 9-14-81 5-26-92 3 1-23-84 1-23-93 4 4-9-79 9-14-81 [REQUEST [ACTION Rezoning (R-4 Residenbal to B-2 Business, modified to O-1 Office) Rezoning (R-4 Residential to B-2 Business, modified to O-1 Office) Rezoning (O-1 Office to Conditional B-2 Business Rezoning (O-1 Office to B-2 Bus~ness) and a Conditional Use Permit (Mini-Warehouse) Conditional Use Permit (Truck Rental) Rezoning (R-4 Residential to B-2 Business) Rezoning (R-4 Residential to B-2 Business, modified to Approved Approved Approved Approved Approved Denied Approved THE CARPENTER'S HOUSE CHURCH Agenda Item 10 Page 6 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The Carpenter's House Community Church- Conditional Use Permit (church) MEETING DATE: December 2, 2003 Background: An Ordinance upon Application of The Carpenter's House Community Church for a Conditional Use Permit for a church on property located at 1314 Kempsville Road (GPIN 14654818250000). DISTRICT 2 - KEMPSVILLE Considerations: The applicant proposes to establish a Christian worship center on the s~te. The applicant states in the application that thero are currently 26 members of the church. Hours of worship include Wednesday evening from 6:00 pm to 9:00 pm and Sunday from 9:00 am to 3:00 pm. The pastor and church secretary are on the s~te Monday through Friday from 9:00 am to 4'00 pm. The existing structure was used as an office in the past. The structure is residential in appearance, having been converted from a single-family dwelling into an office use. The parking lot, installed in 1984, contains eleven parking spaces and one handicap parking space. The number of existing parking spaces limits the seating in the church to 60 members; however, with modifications to the handicap parking space, one (1) parking space will be lost. This will cause the seating to be limited to 55 in the ma~n sanctuary. The applicant will have to meet with the Building Official to determine if any building code ~ssues exist concerning the change of use. There ~s one access point to the site from Kempswlle Road. City sidewalks exist along the front of the site. The Planning Commission placed this item on the consent agenda because the proposal is compatible with surrounding uses and the hours of operation will not conflict with those uses. Staff recommended approval. There was no opposition to the request Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve this request with the following conditions: Carpenter's House Community Church Page 2 of 2 1. A Certificate of Occupancy for the "Assembly Use Group" shall be obtained from the Building Official before occupancy of the structure as a church. 2. The apphcant shall ~nstall foundation landscaping ~n accordance with the Site Plan Ordinance, Section 5A. . The applicant shall install Iow growing shrubs along street frontage of the site, and Category I screemng along the northern and southern property lines. . The applicant shall stripe the parking lot in accordance with the approved site plan dated 5/7/84, except the handicap space shall be striped in accordance with the prowsions of the American w~th D~sabilities Act. . The applicant shall install an 8-foot privacy fence along the rear property I~ne ~n accordance with the approved Rezomng of 9/14/81 and the approved s~te plan dated 5/7/84. o Seating w~thin the sanctuary shall be limited to no more than 55, or the assembly use number approved by the Building Code Official, whichever ~s less. Attachments: Staff Rewew Disclosure Statement Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ ~'~I~'~/-- C09-211-C U P-2003 CARPENTER'S HOUSE CHURCH Agenda Item 10 November 12, 2003 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for a Church LOCATION: Property located at 1314 Kempsville Road. The Carpenter's House Ma,~ C-9 Mop. ....s~o Com~unit'y Church CUP - Church GPIN: COUNCIL ELECTION 14654818250000 i THE CARPENTER'S HOUSE CHURCH A~]enda Item 10 Page I DISTRICT: 2 - KEMPSVILLE SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 36,836 square feet The site ~s occupied by a one story budding, previously a doctor's office, and ~s zoned 0-2 Office D~strict. North' South: East: West. · Liberty Tax Service / O-2 Office · Undeveloped Parcel/O-2 Office · S~ngle-family dwelhng ! PD-H1 Planned Unit Development · Kempsville Road · Across Kempsville Road ~s the Kemps River Shopping Center / B-2 Business There are no natural resources or significant cultural features associated with the sIte. The s~te is within an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Degree to which the proposal is compatible with the surrounding area. · Consistency with the recommendations of the Comprehensive Plan Map for the area. i ' THE CARPENTER'S HOUSE CHURCH A~enda Item 10 Page 2 Comprehensive Plan The Comprehensive Plan map designates th~s area of the city as an area that ~s planned for retail, service, office, and other compabble uses serving surrounding neighborhoods and commun~bes. In the Cityw, de Issues and Policies section of the Comprehensive Plan policy document the following ~s stated: Improved land use relationships - Where desired by the community we should support proposals for new or readapted development that carefully ~ntegrates residential, commercial, employment and other acceptable uses for the purpose of ach~ewng a complementary, well-organized, efficient and attractive arrangement of land uses (page 52) The applicant proposes to establish a Christian worship center on the s~te. The applicant states ~n the application that there are currently 26 members of the church. Hours of worship include Wednesday evemng from 6:00 pm to 9:00 pm and Sunday from 9:00 am to 3:00 pm. The pastor and church secretary are on the site Monday through Friday from 9:00 am to 4:00 pm. The existing structure was used as an office in the past. The structure is residential in appearance, having been converted from an existing s~ngle-famdy dwelling ~nto an office use. The parking lot, installed ~n 1984, contains eleven parking spaces and one handicap parking space. The number of ex~sting parking spaces limits the seating in the church to 60 members; however, with modifications to the handicap parking space, one (1) parking space will be lost. This will cause the seating to be limited to 55 ~n the main sanctuary. The applicant will have to meet with the Building Official to determine if any building code issues ex~st concerning the change of use. There is one access point to the site from Kempsville Road. City s~dewalks exist along the front of the site. THE CARPENTER'S HOUSE CHURCH Agenda Item 10 Pag_e 3 Staff Evaluation Staff recommends approval of th~s request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' idenbfled at the beginning of thIs report. The proposal's strengths in addressing the 'Major Issues' are (1) The request is in keeping with the recommendations of the Comprehensive Plan policy document. The site is in a Iow ~ntensity office-type setting with good traffic access. Church uses typically have a non-rush hour traffic pattern and are compatible with both office uses and residential land uses. The land use pohcies in the Comprehensive Plan recognize the need for legitimate support uses that fulfill the needs and serwces of the adjacent communibes. Staff, therefore, recommends approval of th~s request subject to the conditions listed below. Conditions 1. A Certificate of Occupancy for the "Assembly Use Group" shall be obtained from the Building Official before occupancy of the structure as a church. 2. The applicant shall install foundation landscaping in accordance with the Site Plan Ordinance, Section 5A. 3. The applicant shall install Iow growing shrubs along street frontage of the site, and Category I screening along the northern and southern property lines. 4. The applicant shall stripe the parking lot in accordance with the approved site plan dated 5/7/84, except the handicap space shall be striped in accordance with the provisions of the American with D~sabilities Act. 5. The applicant shall install an 8-foot privacy fence along the rear property line in accordance w~th the approved Rezonmg of 9/14/81 and the approved site plan dated 5/7/84. THE CARPENTER'S HOUSE CHURCH Agenda Item 10 Page4 6. Seahng w~th~n the sanctuary shall be limited to no more than 55, or the assembly use number approved by the Building Code Official, whichever ~s less. 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. THE CARPENTER'S HOUSE CHURCH Agenda Item 10 Page 5 O- 1 Office) 1-11-94 Conditional Use Permit (Church) Approved The s~te was rezoned to O-1 Office district in September 1981. The following conditions were attached to the Rezon~ng: 1. Modified to O-1 Office District (the request was for B-2 Business). 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. An adequate outfall system with all necessary downstream easements and improvements will be provided. 5. A 20-foot buffer and 8-foot fence will be required (along the rear property line). In May 1984 a sIte plan for a medical office parking lot was approved for the site. The site plan depicted 11 parking spaces and one handicap parking space, and the 8-foot screening fence. The existing structure was converted to a medical office at that t~me. Public Agency Com,,,ments Public Works Master Transportation ,,Plan (MTP): Kempsville Road in front of this application is a four lane divided minor urban arterial. It is designated on the Master Transportation Plan as a 100 foot divided right- of-way with a multi-use trail Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Kempsv~lle Road 32,000ADT 14,800ADT Exlsbng Land Use z ~ ~ -63 Kempswlle Road 32,000 14,800 ADT ~ ADT ~ Proposed Land Use 3-16 ' Average Da~ly Tnps 2 as defined by a doctor's office 3 as defined by a church Public Utilities IWater: IThere is a sixteen (16) inch and a twenty-four (24) inch water main in 1 Kempsville Road. The site must connect to C~ty water. · ~ THE CARPENTER'S HOUSE CHURCH Agenda Item 10 Page 7 Sewer: There ~s an e~ght (8) inch sanitary sewer ma~n in Kempsville Road. Sewer and pump station analys~s for Pump Station 444 is required to determine of flows can be accommodated. Public Safety Police: In an effort to reduce the opportunity for crime, the applicant is encouraged to review and incorporate safety design concepts and (design) strategies contained ~n the CVB Planning Department's "Crime Prevention Through Enwronmental Design - General Guidelines for Designing Safer Communities. A copy of the booklet is available in the Planning Department and the Pohce Department's Crime Prevention Unit. Fire and Rescue: A fire hydrant must be located within 400 feet of a commercial structure Private fire hydrants must be maintained annually as identified m N.F.P.A. 25. Fire lanes may be required after occupancy. M~nimum fire lane width shall not be less than 18 feet, under some greater conditions the authority having jurisdiction may require a greater width. THE CARPENTER'S HOUSE CHURCH Agenda Item 10 Pagp 8 'E~h,bits ~.i Exhibit Aerial of Locatior HE CARPENTER S HOUSE CHURCH Agenda Item 10 Page, 9 i , ,, Exhibit B Site Survey llll IIIIII . . . ~ THE CARPENTER'S HOUSE CHURCH Agenda Item 10 Page_10 Exhibit C Proposed Site Plan THE CARPENTER'S HOU~SE CHURCH Agenda Item 10 Page 11 Disclosure ............... Statement APPLICANT DISCLOSURE If the applicant is a CORPORATION, list ali officers of the Corporabon below. (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ._ORGANIZATI..ON, list all members or partners in the organization below: (Attach list if necessary) r'l 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 properly, 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 if necessary) Check here if the property owner ~s NOT a corporation, partnership, firm, or other unincorporated organization. I i iN ii I i i CERTIFiCATi~N: I certify thai 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 sign on the subject property at least 30 days prior to the scheduled public hearing accordung to the [ns.tr, uction~n this _pa~ge. Appi=ant~s Signatu~e Property Owner's S~jnature 0f different than appl~ant) , ,, ,, .... Condibonal Use Perm~ Applscatmn Page 10 of 10 Rewsed 7/1~0(03 Pnnt Name Print Name THE CARPENTER'S HOUSE CHURCH Agenda Item. 10 Page_ !2 The Carpenter's House Community Church Condmonal Use Permit 1314 Kempsvflle Road District 2 Kempsvllle November 12, 2003 CONSENT Dorothy Wood: The next item is Item #10 It's the Carpenter's House Commumty Church It is an Application of the Carpenter's House Community Church for a Condmonal Use Permit for a church located on Kempsvllle Road and it has six conditions Yes sir, your name? Douglas Plumlee: Doug Plumlee speaking for the Carpenter's House Dorothy Wood. Thank you sir Have you read the six condmons9 Douglas Plumlee: We have and we accept them Dorothy Wood. Thank you sir. We have a note that there may be some opposition to this? Yes ma'am? Anne Evans: I'd like to learn more about these six conditions Dorothy Wood: We' 11 put it down to our regular place in the agenda. Ronald Ripley: We'll drop this down to be heard. Dorothy Wood Thank you Maybe you all could walk outside and talk about it, the two of you, if you don't mind? LATER Dorothy Wood I would like to go back to Item # 10, which is the Carpenter's House Community Church. It's an Ordinance of the Carpenter's House Community Church for a Conditional Use Permit with six conditions. Yes sir, did you meet with them? Douglas Plumlee: We did. We have it worked out. Dorothy Wood You do9 Douglas Plumlee: There was just a misunderstanding She thought we were going to be putting up a building. Item # 10 The Carpenter's House Community Church Page 2 Anne Evans I thought they would be putting up a bmldlng and putting in a huge parking lot and tearing down the forest Dorothy Wood Thank you Ronald Rlpley. Is there any objection to us putting it on consent° Anne Evans. No Dorothy Wood Thank you. Ronald Rlpley: Thank you Dorothy Wood: Hearing no oppos~tlon, Mr. Din would you please like to talk about Item # 10, the Carpenter's House Community Church~ Wilham D~n Yes This is a Condluonal Use Permit for a church It's an ex~sting bmld~ng that is pretty much a residential bml&ng. It used to be a lawyer's office, compatibihty wise ~t was acceptable Most of the h~gh intense use of ~t will be during the off hours when other traffic is on Kempsville Road There is one access to Kempsville Road, however we felt that the church ~s an acceptable use ~n this location So. we have placed it on consent for approval Dorothy Wood. Thank you Mr. Ripley, I would move to approve Item #10 for the Carpenter's House Commumty Church. Ronald Ripley: Okay. We have a motion to approve the consent agenda item as just read. Do I have a second? Charhe Salle': Second. Ronald R~pley: Seconded by Charhe Salle' Okay. Is there any discussion on the motion? Okay. 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 Item # 10 The Carpenter's House Community Church Page 3 STRANGE AYE WOOD AYE Ronald P~pley By a vote of 11-0, the motmn passes ....Sup'~pem-i~ '''"~ ental ....... Information~ ..... ' ................. Zonin~ History Mop Nc~ to Scale B-2 Church of the Ascension PD(p -1~2 / cuP - Columbanum i# I DATE [REQUEST 1 02/25/85 2 01/14/85 12/12/88 3 05/21/73 08/25/98 4 06/15/87 5 11/18/97 11/18/97 IACTION I REZONING R-5 Residential to O-1 Office CONDITIONAL USE PERMIT for church addition CONDITIONAL USE PERMIT for church addition CONDITIONAL USE PERMIT for church CONDITIONAL USE PERMIT for daycare facility REZONING R-5 Residenbal to B-2 Bus~ness REZONING P-1 Preservation to Conditional 0-2 Office CONDITIONAL USE PERMIT for lodge Granted Granted Granted Granted Granted Granted Granted Granted., i i CHURCH OF THE ASCENSION Agenda Item 11 Pag~ 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Church of the Ascension- Conditional Use Permit (columbarium) MEETING DATE' December 2, 2003 · Background' An Ordinance upon Application of Church of the Ascension for a Conditional Use Permit for a columbar~um on property located at 4853 Princess Anne Road (GPIN 14760644640000). DISTRICT 2 - KEMPSVILLE Considerations: A small columbarium is proposed on the west side of the church sanctuary. Currently, there is a garden and sitting area in this spot. The new columbarium will be configured w~th eleven units. The units will be 9 feet long, 2 feet deep and 8 feet high. There will be a stained glass panel approximately 12 inches wide between each unit. The interior of the columbarium area w~ll have stamped concrete walks, sitting benches, trees and a small gathering area with a wood lattice roof. Low impact lighting is proposed within the columbarium area. The columbanum w~ll be used as prayer garden or visitabon area for families. Its access will be through the existing church facility or thrugh the locked gate from the outside. Access from the outside gate will be limited to times of ~nternment and ceremonies relating to the iterned. The Planning Commission placed this item on the consent agenda because the proposal is an appropriate addition to the church. Staff recommended approval. There was no opposition to the request. Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve this request as submitted. Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Church of the Ascension Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manager: A00-210-CUP-2003 CHURCH OF THE ASCENSION Agenda Item 11 November 12, 2003 Pubhc Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, informabon, and professional land use recommendations to the Planning Commission and the City Council to assist them in maklng a decision regarding this appficabon. Location and General Information REQUEST: Conditional Use Permit for a columbanum LOCATION' Property located at 4853 Princess Anne Road. Church of' the Ascension PD-H2/~ /~ (. UP Columb,trcurr~ GPIN: COUNCIL ELECTION DISTRICT: 14760644640000 2 - KEMPSVILLE CHURCH OF THE:ASCENSION Agenda Item 11- Page 1 SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 9.03 acres There ~s an ex~sbng church on the property. The property is zoned R- 10 Res~denbal District North: South: East: West' · Church / R-10 Residential District · Single family homes / R-10 Residential D~stnct · S~ngle family homes / R-10 Residenbal District · Single famdy homes / R-10 Residential District The church property ~s well landscaped and well maintained. There are several mature trees on the property surrounded by gardens and green areas. The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Compatibihty with the existing use on the site as well as adjacent uses CHURCH OF THE~ASCENSION A~enda ItemA 1 Page 2 Comprehensive Plan' The Comprehensive Plan Map recommends the use of this site for suburban residential purposes. The plan also recognizes that certain non-residential actiwties, such as schools, places of worship, and parks are appropriate within these areas A small columbarium ~s proposed on the west side of the church sanctuary. Currently, there is a garden and sitting area in this spot. The new columbarium will be configured w~th eleven units. The un~ts will be 9 feet long, 2 feet deep and 8 feet h~gh. There will be a stained glass panel approximately 12 inches wide between each unit. The ~nterior of the columbarium area will have stamped concrete walks, sitting benches, trees and a small gathenng area with a wood lattice roof. Low impact lighting is proposed within the columbarium area. The columbarium will be used as prayer garden or ws~tation area for families. Its access wdl be through the existing church facdity or thrugh the locked gate from the outside. Access from the outside gate will be limited to times of ~nternment and ceremonies relating to the ~terned. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified at the beginning of this report. The proposal's strengths in addressing that ~ssue are that the existing church is CHURCH OF THE ASCENSION Agenda Item.11 Page 3 providing a needed service to the surrounding community and the proposed use ~s compatible wIth the services the church ~s already prowd~ng. Staff, therefore, recommends approval of th~s request as submitted. NOTE: ii i i 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. ii CHURCH OF THE-ASCENSION Agenda Item 11 Pag~e 4 Exhibit A Aerial of Site Location . CHURCH OF THE)ASCENSI(~N l~3enda Item 11 Page 6 Exhibit B Proposed Site Plan mar Trees (4) Shrubs - mixed Concrete (Grey Slate) Iron Gate -- Accent Plant -- Ground (Typ.) Shade Trees (3) -- Self Contained Recirculating Fountains Ex. 20" B~rch Color Plants (Typ.) CHURCH OF THEASCENSION A~enda Item 11 Page 7 Exhibit C Location of Columbarium ! · CHURCH OF THE:ASCENSION Agenda Item 11 Page 8 DISCLOSURE STATEMENT1 Exhibit D Disclosure .... "" """ ' ' ' ' Statement APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below (Attach list if necessary) r Co~dltmrtal Use Perm~ Application Page 10 of 10 Rewsed 7tl/20D3 Prop~rt~vner's Sign,ature (,f different than apphcant) ,, i rl?~II ....: t I, I , , ul , i II II .... Pnnt Name Pnnt Name II I I i I CHURCH OF THEASCENSION Agenda Item 11 Page 9 )=.....( If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners tn the organization below (Attach bst if necessary)  Check applicant is a corporation, partnership, firm. or here if the NOT other unincorporated orgamzation ~ If the applicant is not the current owner of the property, complete the Property Owner ~,,,,,,~ Disclosure section below: PROPERTYOWNER DISCLOSURE If the property owner is a CORPORA~TION, list ali officers of the Corporation below (Attach hst if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or ~artners in the orgamzation below: (Attach list if raa~T~ necessary) , 11 ~ Check here if the pr°petty owner Is NOT a corporation, partnership, firm, or other i unincorporated organization. i ii i i i i i ii i i i , i i i .... II I i. . .. _ i i . I ~ , , .[ ii~E'i~'I;I'FI'c~'I~3~:' '"i certifY'~hat the ir~formation contained I~er;in is' tr~e and 'accurate. ~ I understand that, upon receipt of notification (postcard) that the application has been ~ I[ scheduled for public hearing, ! am responsIble for obtaining and posting the required pnor to the scheduled pubhc heanng Item # 11 Church of the Ascension Conditional Use Permit 4853 Princess Anne Road District 2 Kempsvdle November 12, 2003 CONSENT Dorothy Wood. The next item is Item # 11, Church of the Ascension It's an ordinance for a columbanum in Kempsville district on Princess Anne Road Father Father Jim Parks' Thank you. Father Jim Parks. Pastor of the Church of the Ascension I'd venture that we're moving on our church property and seeking a Conditional Use Permit and approval of the Commission Dorothy Wood' Thank you Father We've had several of these and these are burial above ground? Father Jim Parks' Niches. Dorothy Wood: Thank you sir. It's much better to explain it that way Thank you sir. Is there any opposition to the Church of the Ascension who would like to build a columbanum on Princess Anne Road in Kemspvdle9 Hearing none. Thank you Father Father Jim Parks: Thank you Dorothy Wood: Barry, would you please talk about the columbarium? Barry Knight: A small columbarlum is proposed on the west side of the church sanctuary. The new columbarium will have eleven units There will be stained glass between each unit. They will have stamped concrete walks, sitting benches, trees and a small gathering area, low impact lighting and the columbanum will be used as a prayer garden or visitation area for the families and access will be limited. The Commission feels this is an appropriate use for this site. Father, we do hope you will take a very long time in filling this columbanum Dorothy Wood: Thank you. Mr. Ripley, I would move to approve Item #11 Church of the Ascension. Ronald Ripley Okay. We have a motion to approve the consent agenda item as just read. Do I have a second" Charhe Salle'. Second. Item # 11 Church of the Ascension Page 2 Ronald Ripley Seconded by Charhe Salle' Okay Is there any d~scussion on the mot~on9 Okay 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 Rxpley' By a vote of 11-0, the motion passes sdpplem n~ai ............ ='"'"~' ' ' e Information Zonin_q History Map MI3 No. to Scale AG-I / / ALLTEL Communications, Inc. AG-2 AG-2 Gpm 2423-39-3051 J :/¢ J DATE J REQUEST J ACTION 06/09/98 05/19/86 12/17/91 01/24/93 05/10/94 01/28/99 01/04/00 12/17/96 CONDITIONAL USE PERMIT (communication tower) REZONING R-8 Residenbal to PD-H2(R-5D) Planned Development MODIFICATION TO LAND USE PLAN REZONING PD-H@ Planned Development to P-1 Preservation District MODIFICATION TO LAND USE PLAN FLOODPLAIN VARIANCE RECONSIDERATION OF FLOODPLAIN VARIANCE SUBDIVISION VARIANCE GRANTED GRANTED GRANTED GRANTED GRANTED DENIED GRANTED GRANTED ALLTEL COMMUNICATIONS Agenda Item37 -. Page. ITEM: tower) CITY OF VIRGINIA BEACH AGENDA ITEM AIItel Communications, Inc.- Conditional Use Permit (communications MEETING DATE: December 2, 2003 · Background: An Ordinance upon Application of AIItel Communications, Inc. for a Conditional Use Permit for a communications tower on property located at 812 Sandbridge Road (GPIN 2423393051). DISTRICT 7- PRINCESS ANNE Considerations: Th~s request was initially heard by the Planning Commission at the public hearing on July 9, 2003. The planning staff recommended approval; however, at the public hearing, there was opposition from the neighboring resident, Mr. Steve Danner. The Planning Commission directed the applicant, AIItel, to work with Mr. Danner to address his concerns about the visibility of the tower from his property. Specifically, the Planning Commission d~rected AIItel to relocate the tower 100 feet to the west to a location that was agreeable to both the applicant and Mr. Danner before proceeding to City Council. The apphcant complied with this condibon and proposed a location that was 100 feet to the west of the original proposed tower location. This location was not acceptable to Mr. Danner. On August 25, 2003, City Council acted to refer this item back to the Planning Commission due to the fact that Mr. Danner and the apphcant were not ~n agreement at that time and thus the condition added to the Planning Commission's approval regarding mowng the tower 100 feet to the west could not be met. Since then, the applicant has worked to find another location further to the west that would better screen the tower from Mr. Danner's view. This proposed location, approximately 450 feet west of the original location is what is now being requested for approval. In addition to moving the tower further west, the applicant has offered to reduce the height of the tower from 199 feet as originally proposed to 165 feet. The proposed antennae will be flush-mounted instead of the standard top-hat army. These revisions are detrimental to AIItel in that the reduced height and new antennae will reduce the RF coverage area provided by the new tower. In addibon, the reduced height diminishes collocation possibilities. AIItel is wilhng to take these actions m an effort to address Mr. Danner's concerns about v~sual impact. Mr. Danner, however, has not agreed to the revisions and is still opposed to this application. AIItel Communications Page 2 of 3 Staff recommended approval There was opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions' , The project shall be developed as indicated on the submitted site plan enbtled "Preliminary S~te Plan 165 foot monopole, Alltel-Sandbridge Site" prepared by K~mley-Horn and Associates, Inc., dated October 6, 2003, and the associated plans and drawings submitted w~th the Conditional Use Permit application. These plans have been exhibited to City Council and are on file in the Planning Department. 2. The overall height of the proposed tower and antennae shall not exceed 165 feet. The tower shall be designed for at least three users. 3. All existing trees within the lease area shall be identified by type and size on the detailed site plan and shall be protected and retained for screening purposes as determined by the Planning Department during detailed site plan review. The landscaping shown on the landscape plan shall be installed to supplement the natural screening. 4. Land disturbance on the site shall be limited to the area shown as access and lease area on the site plan. 5. An interference and intermodulation study including proposed channels and the City of Virginia Beach radio channels shall be provided to the Department of Communications and Information Technology (COMIT) for review and approval prior to detailed site plan approval. . Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not ~nterfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to approval for all subsequent users. , In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated w~thin a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. AIItel Communications Page 3 of 3 . Should the antennae cease to be used for period of more than one (1) year, the applicant shall remove the antennae and their supporbng towers and related equipment. · Attachments: Staff Rewew D~sclosure Statement Planning Commission M~nutes Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manager:~//--~, L"~'%'&~. M13-210-C U P-2003 ~...~,- ~.;~, ALLTEL COMMUNICATIONS, INC. ~~ Agenda Item 37 ~'~" November 12, 2003 Public Heanng i Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Pianmng to prowde data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Condihonal Use Permit for a Communications Tower LOCATION' Property located at 812 Sandbridge Road. GPIN: COUNCIL ELECTION DISTRICT: 24233930510000 7 - PRINCESS ANNE ALLTEk COMMUNICATIONS Agenda Item 37 Pag~ 1 SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 12.7 acres The property is wooded and there are no structures on the property. The property is zoned AG-I/AG-2 Agricultural District. North. South: East: West: · Single-famdy home / AG-1 Agricultural D~stnct · Hells Point golf course maintenance building and 185 foot tall communicabons tower / AG-1 Agricultural D~strict · Scattered single-family homes along Sandbridge Road and several conservation properbes that have been incorporated into the Back Bay Nabonal Wildlife Refuge / AG-1 Agricultural District · Ashville Bride Creek borders this property's western edge and beyond that ~s Hell's Point Golf Course /PD-H2 (R-5D) Planned Development and P-1 Preservation District The land elevations on the site are Iow, between 2 and 2.5 feet M.S.L., so the entire site is below the 100-year floodplain elevation. Any land disturbance within this floodplain will require mibgation. The parcel is mostly wooded, therefore, this use would not reduce or negatively impact producbon agriculture ~n this portion of the city. The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. There must be an identified need for service ~n the area and satisfactory evidence that there is a lack of space on suitable existing towers, buildings or other structures to locate proposed antenna. ALLTEL COMM~JNICATIONS A~lenda Item 37 Page · The proposed location of the tower must be unobtrusive and must not substantially detract from aesthetics or neighborhood character. The Comprehensive Plan Map identifies this site as a natural resource/conservation area where land-disturbing activities should be avoided, mitigated, or under certain conditions prohibited There is minimal land disturbance associated with the proposed use. Aesthetics is a consideration in locating th~s use. Any tower should not be located toward the front of the property flanking the road, nor should ~t be placed as a focal point on the property. An ideal location for a tower would be ~n or next to a wooded section of property. Summary of Proposa This request was ~nitially heard by the Planning Commission at the public hearing on July 9, 2003. The planning staff recommended approval, however, at the pubhc heanng there was opposition from the neighbonng resident, Mr. Steve Danner. The Planning Commission directed the applicant, AIItel, to work with Mr. Danner to address h~s concerns about the wsibility of the tower from h~s property. Specifically, the Planning Commission directed AIItel to relocate the tower 100 feet to the west to a location that was agreeable to both the applicant and Mr. Danner before proceeding to City Councd. The applicant complied w~th this condition and proposed a location that was 100 feet to the west of the original proposed tower location. This location was not acceptable to Mr. Danner. On August 25, 2003, City Council acted to refer this item back to the Planning Commission due to the fact that Mr. Danner and the applicant were not in agreement at that time and thus the condItion added to the Planning Commission's approval regarding moving the tower 100 feet to the west could not be met. Since then, the applicant has worked to find another location further to the west that would better screen the tower from Mr. Danner's view. This proposed location, approximately 450 feet west of the original location is what is now being requested for approval. In addition to moving the tower further west, the applicant has offered to ,, ALLTEL COMMUNICATIONS Agenda Item 37 Page 3 reduce the height of the tower from 199 feet as originally proposed to 165 feet. The proposed antennae wdl be flush-mounted ~nstead of the standard top-hat array These rews~ons are detrimental to AIItel ~n that the reduced height and new antennae w~ll reduce the RF coverage area provided by the new tower. In add~bon, the reduced height diminishes collocabon possibilibes. AIItel is willing to take these acbons ~n an effort to address Mr. Danner's concerns about v~sual ~mpact. Mr Danner, however, has not agreed to the revisions and ~s still opposed to th~s apphcabon. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified at the beginning of this report. The proposal's strengths in addressing the 'Major Issues' are (1) The applicant has sufficiently demonstrated the need for the proposed tower and the lack of suitable alternatives. The existing communication tower to the south, located adjacent to the Hell's Point Golf Course maintenance facility is fully loaded, with users at 184, 175, 165 and 147 feet. The new tower wdl enable AIItel to extend better coverage to the Sandbridge Beach area. (2) The proposed tower will be located in an area where it will be unobtrusive and will not substantially detract from aesthetics or neighborhood character. The exisbng site and several surrounding properties are wooded. The subject s~te ~s designated in the Comprehensive Plan as a conservation/preservation area and there are very few residences that will be impacted by this proposal. Staff acknowledges that Mr. Danner's property, adjacent to the north of this site is the most affected and that Mr. Danner is not in agreement with the new proposed location of the tower. With the most recent changes made by the applicant, which include reduced height and flush-mounted antennae, the planning staff feels that the visual impact on Mr. Danner's property has been minimized to the greatest extent practical. Staff, therefore, recommends approval of this request. ALLTEL COMMUNICATIONS Agenda Item 37 Page.4 Conditions . , , . . . . . The project shall be developed as indicated on the submitted site plan entitled "Prehminary Site Plan 165 foot monopole, AIItel-Sandbridge Site" prepared by Kimley-Hom and Associates, Inc., dated October 6, 2003, and the associated plans and drawings submitted w~th the Condibonal Use Permit applicabon. These plans have been exhibited to City Council and are on file in the Planning Department. The overall height of the proposed tower and antennae shall not exceed 165 feet. The tower shall be designed for at least three users. All existing trees w~thin the lease area shall be identified by type and size on the detailed site plan and shall be protected and retained for screening purposes as determined by the Planning Department dunng detailed site plan rewew. The landscaping shown on the landscape plan shall be installed to supplement the natural screening. Land disturbance on the s~te shall be limited to the area shown as access and lease area on the site plan. An interference and intermodulation study including proposed channels and the City of Virginia Beach radio channels shall be provided to the Department of Communicabons and Information Technology (COMIT) for review and approval prior to detailed site plan approval. Unless a waiver ~s obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer hcensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere w~th any C~ty of Virginia Beach emergency communicabons facilities, shall be provided prior to approval for all subsequent users. In the event interference with any City emergency communications facilities arises from the users of th~s tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable bme, the user shall ~mmediately cease operation to the extent necessary to stop the interference. Should the antennae cease to be used for period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment. ALLTEL COMMUNICATIONS A~enda Item 37 Page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. ALLTEL COMMUNICATIONS Agenda Item37 Page~6 Public A_clency Comments Public Works Master Transportation Plan (MTP.): Sandbridge Road is currently a two lane rural roadway. The Master Transportation Plan was amended by City Councd on May 27, 2003 to remove the designation 70UBS (70 foot undiwded roadway with a bikeway and scenic easement) from the portion of Sandbridge Road east of Atwoodtown Road. Safety improvements to this section are proposed under the current Capital Improvement Program. Public Works has determined that no additional right of way is necessary along the frontage of th~s s~te. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: An all weather road surface must be prowded for Fire Department access. Security for ingress/egress must be approved by the F~re Marshal so that Fire Department access is not obstructed. ALLTEL COMMUNICATIONS Agenda Item 37 Page 8 Exhibit A Aerial of Site Location ALLTEL COMMt~INICATIONS Agenda Item37 Pag.e 9 BACKI ~I~ACENT THIS PLAN PLANNING 'ON .RF..RIAL AND IS EXIST HOU,< (DANNER RESIDENCE) Exhibit B Tower Location ,: EXISTING .. . PROPERTY .; LINE ~ ,' ', PROPOSED' :~ TOWER '~ LOCATION EXISTING PROPERTY LINE EXIST GOLF MAINTENANCE BUILDING EXISTING TOWER LOCATION REVISED TOWER LOCATION SANDBRIDGE :ORIGINAL ' PROPOSED TOWER LOCATION ALLTEL COMMONICATIONS A~genda Item37 Page 10 Exhibit C Proposed Plan / / I 0 ~) cou~o~ eA~.D i c'na~-ss (TAXO~Ut~ DIS~CHUU), ~a~N ~ ~* C~UPER, 15' o.c / / (41) SCXJ11-~RN WAX MYR'R..E (MYRICA CERIFERA), MIN 5' HEIGHT, 5' 0 C ALLTEL COMMUNICATIONS Agenda Item 37 Page~11 ,,~ z Z z PROPOSED ANTENNA CENTERLINE ELEVATION FUTURE CO-LOCATIONS Exhibit D Proposed Tower Elevation FUTURE CO-LOCAIION . ~-~~__, PROPOSED SHELTER FUTURE ~ CO-LOCATION TO ER ELEVATION ALLTEL COMMUNICATIONS Agenda Item 37 "'. Page 12 .. D"SC,.,.L, °sU, ~.E:, STATEMENT Il CERTIFICATION OF CHARLES THOMAS CAYCE I hereby cerhfy that I em the owner of properly located In Virginia Beach. Virginia designated on the Vlrglnla Beach tax records as GPIN 2423-39-3051, end I further ce~fy that I have granted to ALLTEL Communtcatlons, Inc d~b/a ALLTEL and ds attorney, M E Gibson, Jr and fha law firm of Tremblay & Smith. LLP. the right to file and pursue an application for ell zoning appl~cations, permits, and other govemmental approvals for · telecommtmlcattons tower, equipment shelter, access road. arid relatejl facthbes on my J:lroperty, and I do fudher confirm and authorize all action ,okapi/bY theban ~cflon with the fl',~ of the application and the approval process STATE OF VIRGINIA Subscribed and sworn to before me this Notary Public /_,/ Cha~:le~ lhom,l$ Cayce My Ccmm~smo') Ex,res ~c,t,er 31 2~~ My Commission expires Applicant's Name ALLTEL ('o~untcattons, [nc .......... List All Current Property Owners' (:harleu Thun~as Ca_~ce & Bernard Walker ._ APPLICANT DISCLOSURE If Ihs applicant Is a CORPO~TION, hst all officers of the Corporation below (Attach list ~f necessa~) Kevin L. Beebe~ Group President, Scott [ Ford, President & CFO, Franclm X Frantz, },xec. VP & Sec, ~cott Settel~~gurer ff lbo mpphoant ~s a PARTNMRSH[P, FIR~, or other ~NINCORPORAT~D ORGAN[~T[ON, Ssi alt m~mb~rs o~ pa~n~rs m tb~ orgamzai~on b~low (Attach h~t ff necessa~) .......... n Check here if the apphcant ~s NOT a corporation, partnership, firm, or other incorporated 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 Iisi If necessary) If Ihs property owner ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the orgamzahon below (Attach list if necessary) !'~ Check here if the property owner m NOT a corporation, partnership, firm, or other unincorporated organization CERTIFICATION I ce~i~ that the information contained harem is true a~ accurate. ~ Print Name , , , , ~ ........... . ........ Condmonal Use Permit Apphcat~on Page 8 of 12 CERTIFICATION OF BERNARD WALKER ITl I hereby certify that I am the owner of property located in Virginia Beach, Virginia designated on the Virginia Beach tax records as GPIN 2423-39-3051, and I further certify that I have granted to ALLTEL Communications, Inc. d/b/a ALLTEL and its attorney, M. E. Gibson, Jr and the law firm of Tremblay & Smith, LLP, the right to file and pursue an application for all zoning applications, permits, snd other governmental approvals for a tel~communications tower, equipment shelter, access road, and related facihties on my property, and I do further confirm and authorize all action taken~h the filing of the application and the approval process. STATE OF TEXAS CITY OF HOUSTON, to-wit: f Notar~ I~ublic -- ' My Commission J, g !i ,.~,.'.~.;,:[;:..~, RUTH F. DAVIS ll~:~,.~ My Commission Expires · "" ~, t .,,, , ~.~ , m Item #37 Alltel Commumcatlons, Inc Conditional Use Permit 812 Sandbndge Road District 7 Princess Anne November 12, 2003 REGULAR Robert Miller: The next item is Item #37, Alltel Communications, Inc Dick Gibson: Mr Chairman, members of the Planning Commission, my name is Dick Gibson and I represent the applicant Alltel Conunumcatlons, Inc. You may recall that I was here before you on July 9th and presented the application You all liked the application. There was one neighbor that was In opposition. Robert Miller: Mr. Hay, can you get your folks out of the room? Get everybody out of here. Go ahead sir Dick Gibson' You all liked the application. We had one person that was in opposition and the person that was in opposition indicated that if we moved the site about 100 feet to the west that he would have no problem with the application So, immediately after the Planning Commission hearing we went out and met him on site, picked the spot that we had talked about at the meeting. Had some photo simulations generated to show him what the tower would look like at that spot. It didn't look good and he didn't like lt. We said, "okay, we'll move it further to the west." There were a stand of trees there and we could move it further to the west and place it behind We were in the process of doing that and he said, "I don't think I can support the application anywhere it is on the site" So, that is where I stand We've gone to considerable lengths to try to improve the application and to make it as non-intrusive as possible And, strictly to appease the adjacent neighbor Mr Danner Everything that we've done has actually been to the detriment of Alltel. We've moved the site 450 feet to the west away from Sandbridge Road then where it was before. We've reduced the height of the tower from 199 feet to 165 feet and we've changed the type of antennas to the standard tophat array, which the tower that is currently visible from Mr Danner's property has multiple sets of tophat arrays. We've changed the type of antenna from that to flush mount antennas. All of those were detrimental to Alltel. Obviously putting it further back on the site We've got wetland issues to deal with. We've got increased construction costs to deal with, which we'll deal with Reducing the height of the tower is going to reduce the RF footprint and we'll deal with that and customers will deal with that. Reducing or changing the type of antenna also has a detrimental impact on the RF footprint but we'll deal with that too. In short, we have done everything that we could possibly do to improve the application, to appease the adjoining neighbor and he is still opposed to the application. He did mention as I think I mentioned to you all before I said is there anything we could do to make this palatable. He had some suggestions, one of which we purchase his view shed, which we don't do that. Another of which we locate the tower on his property and we have an agreement with Mr. Casey located where it is proposed And, then the other alternative Item #3 7 Alltel Communications, Inc Page 2 was we locate the access easement across hls property and pay him for that But, we don't need to do that because we have the access easement on Mr Casey's property One other thing that we did in order to try to sort of get an objective third party to take a look at It was we hired Bill Gambrell, who is formerly of your staff, to do a visibility study and many of the Improvements that we made were the result of Bill going out and looking at it and coming up with these suggestions. So. I feel, I would love to get the consent of the adjoining neighbor, I feel we've done ever~hlng that we could possibly do to make this the best application possible The need for the service exists There is no question about that. We feel that this is the best way. It does meet the guidelines It does have staff support. We would respectfully request your support this evening I would like Mr. Bill Gambrell say a few words Ronald Ripley Thank you Mr Gibson Thank you for your patience to Dick Gibson: I'll be happy to answer any questions. Pardon? Ronald Ripley Thank you for your patience Dick Gibson: I'll be happy to answer any questions that you have also. Thank you. Bill Gambrell. Mr Chairman, members of the Commission, my name is Bill Gambrell and I am a private land use planner and I've been hired by Alltel to take a look at this project to make recommendations to improve it The recommendations I made after taking a look at the application they filed and looking at the area was to reduce the height of the tower That wasn't significantly going to degrade their service To try to eliminate the tophat because the top hats really do create a problem or a challenge sometimes for these applications And to use a flush mounted antenna which would further make it an application that really you're not going to see very, much of it at all from any of the surrounding properties. And, if you have questions. I'll answer them. I'll be available to yOU. Ronald Ripley: Are there any questions? Thank you. Dick Gibson: Mr. Chairman, one thing I did want to mention. Can you put the photo simulation up9 You don' t have the slide9 Well, we did some photo simulations. We submitted multiple copies of those and they really do tell the story with this new application It's actually tucked behind the trees so I hope you all saw those. I got one here that I can pass around But that does really tell the story and you can see the existing tower there and then the new one is actually behind the trees. So. more less it goes to them. Thank you agmn Ronald Ripley' Thank you. Robert Miller: Steve Danner. Steve Danner: Steven Danner. I promise not to use the word skateboard or boatlift It has been a long journey here After the last meeting and we left, they did agree and go Item #37 Alltel Communications, Inc. Page 3 ahead and we were going to work together and come up with moving it to where we couldn't see it Unfortunately, they weren't able to come up with a placement of the antenna due to the fact that we are splitting hairs Mr Gambrell, I believe his efforts he did improve the view but the tower is still visible from my property The problem that I see is that the original tower that we are clustering next to by following the guidelines is in a placement that doesn't allow for any growth of any additional towers next to it The golf course is still interested is what I understand but that's not in the discussion any more So, now we're moving towards me and trying to split hairs When he's talking about obscuring the view we are talking about maybe one tree It is still visible. It hasn't changed that fact Now', were talking about moving it closer to my home I took the initiative to look at the Indian Cove Campground right across the street from the golf course and asked them if they've been approached. This explains basically rather than me sitting up here rambling I have two pages of a letter that I had wrote into you with just the facts. The cove is interested in the spot They're open to it. It's a campground. I understand there's also one down at KOA, another campground that's successful It has the ready capacity for large vehicles going in and out with turn lanes, safety You don't have to go into the conservatory area and start cutting trees It has approved surfaces If Alltel is impacted, they can go back there and build a larger tower and get increased service I put all that in the letter So, there's no new mformat~on other than I appreciate the efforts from Mr Gambrell I think he did a good job We can still see it That's a give me for everybody. Everyday I look at the other one. I'm already paying the price for the other one. I don't think because I'm looking at one that Mr. Gibson should move forward with an additional one to ~ncrease the negative ~mpact on my property And for the record and I think it's worth something because he mentioned it and I never asked to have th~s tower on my property. It must be worth something or he wouldn't have mentioned ~t. That's inaccurate. Okay Ronald Ripley Are there any questions of Mr Danner~ Robert Miller: Mr. Danner, have you seen this photograph simulation of the tower9 Robert Danner: Yes I haven't seen that one. Yes, I have. When you don't see it through the trees and that is one tree. There are like five trees As we all recently experienced, trees can go quick. That is just from one angle on the property. It is still v~slble. Not only that but they have moved it a lot closer to my home then what I ever would have anticipated. When we talked about 100 feet we were just trying to work on it. We all worked very hard on trying to get this placed We're splitting hairs here. This is for the one tower What happens when we're now going to cluster additional one, which is also outlined in my letter and if they can really do a little work and ignore this one tower because this is such a negative impact on me. It really shouldn't have been placed there to start with because it doesn't follow the guidelines. It substantially detracts from my property and the neighborhood. If we could cut our loses with that and look at a new property, I would think that would be better for everybody At least investigate it. Ronald Ripley: Are there any other questions? Thank you very much. Item #37 Alltel Communications, Inc Page 4 Steve Danner Thank you Ronald Ripley Mr Gibson, would you like to rebut~ Dick Gibson. Yes, just briefly The moving of it closer to the home. of course that was his request. He wanted it moved further to the west and his home is further to the west The campground is on a little piece of property that's away from this one. ]'he guidelines provide that we can cluster towers and that's the objective here The impact already exists. As you can see from the photo s~mulatlon the exiting tower is very much in the view shed. The proposed tower is not One of the other points that he mentioned is he didn't want it where the original proposal was because he didn't want the goal post effect so we eliminated that. In short, we've gone above and beyond the call of duty to try to make this the best apphcat~on possible and we appreciate your support. Thank you Ronald Ripley' Mr Miller, has a question Robert Miller. How tall is the existing tower~ I didn't look back to read Dick Gibson 185 feet. Robert Miller' So, you would be 25 lower. Dick Gibson Yes Ronald Rapley: Will Din has a question. William Din The tower that you propose is 165 feet and ~t has room for two additional users? Dick Gibson Yes sir William Din: So, you only got one use on it right now? Dick Gibson' Yeah Ours would be the only use and then we have two others. The tower itself is 160 feet. The part you would see is 160 feet. We would have a five-foot lightening rod on top of it, which ~s only an inch in diameter William Din: Thank you. Dick Gibson' Thank you. Ronald Pdpley: Okay. Let's open it up for discussion. Mr Danner, is it new lnformauon? Steve Danner' New information yes. Item #37 Alltel Communications. Inc Page 5 Ronald Rlpley Be brief Steve Danner' Very brief As far as locating on a different parcel the letter from Karen Lasley to Bill Gambrell clearly states that it does not need to be on the same parcel in order to follow' the guidelines Ronald Ripley We read the letter Steve Danner Alnght Thank you very much Ronald Ripley' Okay. Discussion Anybody w~sh to discuss thls~ Charhe9 Is that your hand~ Robert Miller' It sounds like all parties have tried to find a place to stand it It felt better I don't know what the right word is here because I can't quite get ~t It seems somewhat emotional and I try to respect what Mr. Danner is saying if ! was coming out of my house. I don't notice a lot of things and I've been accused of this I'm not sure I'm the good measure for this It almost looks like the original site is the better site I don't need to even say that out loud because ifs the further away from the house So, basic law of physics is the distance that has something to do with the relative height in the person's eye. I won't try to explain it to you because I probably never understood it But there is something to be said for that And. Bill when you looked at this was that one of the alternatives that you looked at in your schemes~ It was the original site? Bill Gambrell: Yes sir Robert Miller: We only saw the one picture. We didn't see the other. Bill Gambrell: When I looked at the project I looked at the location where they had originally suggested they would move it and then looked at other areas on the s~te. I really do believe this particular location they selected now' although may be closer to the house is a significant and very, very good distance away from the home. I do believe it ~s going to be obscured and if Mr Danner chooses to find ~t he will. Unfortunately, I concur with you. I believe you probably won't be seen by many. Robert Miller: So you favor this position versus the original one~ Bill Gambrell' I think this does a better job for Mr. Danner. Ronald Rlpley: Are there any other questions? Comments? Robert Miller' I'd make a motion that we approve the item. Wllham Din: Second Ronald Rlpley: A motion by Bob Miller and seconded by Will Din to approve it AYE 10 NAY 0 ABS 0 ABSENT 1 Item #37 Alltel Communications, Inc Page 6 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD ABSENT Ronald Ripley By a vote of 10-0, the motion carries Meeting is adjourned. October 28, 2003 There were several Planning Items in the Princess Anne District as well as other places in the City that we have deferred tonight. I have asked for an indefinite deferral on these ztems. Though these Applications in my Distrzct have been approved both by the Staff and by the Planning Commission, there is concern from the Navy of the AICUZ implications with these developments. At this time we have not had the opportunity to discuss these issues with the Navy properly and we felt it proper to defer these Applications so the larger issue of AICUZ zn the City of Vlrgznia Beach could be addressed with the Navy and then allow these Applications to be heard on their merits. I just wanted to explain to the general public why we were deferring these items tonight. MAYOR OBERNDORF: Thank you. CITY CLERK: Mrs. Wilson, would you give your vote or do you want to give it verbally? By a vote of 10 to 0 you have approved the items with the exception of the Mayor's vote nay on Item Number 11 under Planning. 25 COUNCIL LADY WILSON: October 28, 2003 And I have a disclosure to make. MAYOR OBERNDORF: Please, Mrs. Wilson. COUNCIL LADY WILSON: Do you want me to make it before we vote? MAYOR OBERNDORF: Yes. Mrs. Wilson. COUNCIL LADY WILSON: I ]ust wanted to disclose that I'm executing a written disclosure regarding the Council's discussion and vote on Alcar, L.L.C., Application for a Change of Zoning Dmstrict Classification and Condmtional Use Permit. With respect to unzmproved land located at the north side of Nimmo Parkway, 910 feet west of Rockmngchair Lane, I have a personal znterest in this transactzon because my husband is a prznclpal in the Accounting Firm of Goodman and Company that provide services to Alcar. The City Attorney has advised me that, although I have a personal interest mn this transaction, my husband does not personally provide services to Alcar. So, I may participate without restriction mn Council's discussion and vote on the Ordinance in disclosure of this interest. COUNCIL LADY WILSON: Thank you. MAYOR OBERNDORF: Mr. Reeve, did you need to be recognized? COUNCILMAN REEVE: Oh, thank you. I just want to make a clarification for those watching at home who did not see the Informal Session for some background. 24 October 28, 2003 AGENDA REVIEW MAYOR OBERNDORF: Okay. Number 7, the Applzcation of Home Associates of Vzrginia, Incorporated, for a Change of Zoning Distrzct Classification, from AG-2 District to R-10. That's not the one the Navy is asking? COUNCILMAN REEVE: They are opposed to this one as well. MAYOR OBERNDORF: Okay. COUNCILMAN REEVE: If you look at it on its merits, I would say it's a no-brainer, but I have asked the Applicant to defer this item. He has agreed. He obviously wants to move along with this project, but he understands that it's a bigger issue at hand and he does not want to be seen as a litmus test, so he's agreed to a deferral. And, let's put indefinite. MAYOR OBERNDORF: Okay. Thank you. FORMAL SESSION VICE MAYOR JONES: Item L.7, consent for indefinite deferral, the Application of Home Associates of Virginia, Incorporated, for a Change of Zoning District Classification from AG-2 Agricultural District and R-10 in the Princess Anne District. COUNCILMAN WOOD: MAYOR OBERNDORF: Second. Are we ready for the question? 23 Ite~n V-K. 7. - 40- PLANNING ITEM # 51843 Upon motton by Vice Mayor Jones, seconded by Councdman Wood, Ctty Counctl DEFERRED INDEFINITELY Or&nance upon apphcatzon of HOME ASSOCIATES OF VIRGINIA, INC for a Condmonal Change of Zomng Dzstrzct Classtficaaon ORDINANCE UPON APPLICATION OF HOME ASSOCIATES VIRGINIA, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A G-2 AND R- 10 TO CONDITIONAL R- 7 5 Ordinance upon Apphcatton ofHome Assoctates ofVtrgmta, Inc for a Change Of Zoning Dtstrzct Classtficatton from AG-2 Agricultural Dtstrtct and R-10 Restdenttal Distrtct to Condittonal R-7 5 Restdenttal Dtstrtct on property located at 960, 964 and 966 Old Dam Neck Road (GPINs 24156491440000; 2415 7424560000, 2415 741522 0000) The Compreh enszve Plan recommends use of thzs site for restdential uses above 3 5 dwelhng umts per acre DISTRICT 7- PRINCESS ANNE Voting 10-0 (By Consent) Councd Members Vottng Aye' Harry E. Dtezel, Margaret L. Eure, Vice Mayor Louts R Jones, Rtchard A. Maddox, Mayor Meyera E Oberndorj5, ,hm Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Councff Members Vottng Nay None Councd Members Absent Reba S. McClanan Virginia Beach C~ty Council October 28, 2003 6:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Vzce Mayor Louis R. Jones Harry E. Diezel Margaret L. Eure Reba S. McClanan Richard A. Maddox Jim Reeve Peter W. Schmidt Ron Villanueva Rosemary Wilson James L. Wood At-Large Bayside - District 6 Kempsville - District 2 Centerville - District 2 Rose Hall - District 3 Beach - District 6 Princess Anne - District 7 At-Large At-Large At-Large Lynnhaven - District 5 CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMCA Dawne Franklin Meads VERBATIM Application of Home Associates of Virginia, Incorporated CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Home Associates of Virginia, Inc. - Change of Zoning District Classification (AG-2 Agricultural District to Conditional R-7.5 Residential District) MEETING DATE: December 2, 2003 · Background: An Ordinance upon Applicabon of Home Associates of Virginia, Inc. for a Chanqe of Zoninq District Classification from AG-2 Agricultural D~strict to Conditional R-7.5 Residential District on property located at 960, 964 and 966 Old Dam Neck Road (GPINs 24156491440000; 24157424560000; 24157415220000). The Comprehensive Plan recommends use of th~s site for residenbal uses above 3.5 dwelling units per acre. DISTRICT 7 - PRINCESS ANNE The Qty Council indefinitely deferred this matter on October 28, 2003. Considerations: The property consists of three separate lots and is zoned AG-2 Agriculture. The westernmost lot has one house located on it. There are at least five small houses on the two eastern lots. The houses were established on the eastern side of the site over thirty years ago for farm workers, when the surrounding area was a farm. The houses on the eastern lots are now considered non-conforming uses. The residential neighborhoods to the south and east of this site were developed during the 1980s. There is a condominium development west of Upton Drive that was more recently rezoned in 1995. The applicant is proposing to remove all of the exisbng structures on the subject s~te and to rezone and subdivide the 5.06-acre property for seventeen (17) single-family home sites, resulting in a density of 3.3 units per acre. The applicant's plan has many features that will help to reinforce the positive characteristics of the existing neighborhoods to the south and east of the site. The majority of the proposed lots will be between 8,000 and 10,000 square feet in size. New homes do not back up to the ma~n roadway, Old Dam Neck Road; instead, there ~s an open space and stormwater management area serving as a roadside buffer. The new street serving the proposed subdivision will connect to an ex~sting neighborhood street. Some of the trees on the site will be preserved in a 15 foot wooded buffer that will provide some conbnulty ~n the landscape for Home Associates Page 2 of 2 the ex~sbng homes ~n P~nehurst Estates that have backed up to th~s wooded area for over 15 years. Two very large oak trees located in the northwestern corner of the stormwater management green area will also be preserved The proposed subdivision meets the Comprehensive Plan objecbves for healthy neighborhoods and the density requested is in keeping w~th the Comprehensive Plan recommendabons. The Planning Commission placed this ~tem on the consent agenda because the proposal is consistent with the recommendabons of the Comprehensive Plan and the development will enhance the area. Staff recommended approval. There was no oppos~bon to the request. · Recommendations: The Planmng Commission passed a motion by a recorded vote of 10-0 to approve th~s request as proffered. · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department 0/~ City Manager:~ ~,~~ HOME ASSOCIATES OF VA/# 1 September 10, 2003 General Information: APPLICATION NUMBER: L10-213-CRZ-2003 REQUEST: Chan.qe of Zoning District Class~ficabon from AG-2 Agricultural District to Cond~bonal R-7.5 Residenbal District. ADDRESS: Property located at 960,964, and 966 Old Dam Neck Road lvl~ No. Scole Home Associates qf Virginia, Inc. Co',~&tzonal Zomng Change from AG-2 to R-SD GPIN' 24156491440000; 24157424560000, 24157415220000 , Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA / # 1 Page I ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 5.06 acres STAFF PLANNER: Barbara J. Duke PURPOSE: To develop seventeen s~ngle-fam~ly homes Major Issues: Degree to which the proposal meets Comprehensive Plan objectives Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property consists of three separate lots and ~s zoned AG-2 Agriculture. The westernmost lot has one house located on ~t. There are at least five small houses on the two eastern lots. The houses were estabhshed on the eastern side of the s~te over thirty years ago for farm workers, when the surrounding area was an operating farm. The houses on the eastern lots are now considered non-conforming uses. Surrounding Land Use and Zoninq North: South' East: West: · Ocean Lake Elementary School/R-10 Residential D~strict · Single-family homes / R-5D Residential D~stnct · S~ngle-family homes / R-10 Residential District · Single-family home and vacant property / AG-2 Agricultural District Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 2 Zoning and Land Use Statistics With Existing Zoning: The non-conforming structures on the site cannot be ~mproved or replaced without City Councd approval If the non-conforming structures were removed, the property could be developed ~nto two new single-family home sites. With Proposed Zoning: Seventeen s~ngle-family homes developed in accordance with the proposed proffer agreement Zoninq History The residenbal neighborhoods to the south and east of this site were developed during the 1980s. There is a condominium development west of Upton Drive that was more recently rezoned ~n 1995. Air Installation Compatible Use, Zone (AICUZ) The site is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. The Navy has reviewed this proposal and does not support the requested rezon~ng. A copy of a letter noting the Navy's pos~bon on this rezoning is prowded at the end of this report. Public Facilities and Services Water and Sewer , Th~s site must connect to City water and sewer service. There is a 12-inch water main ~n Old Dam Neck Road. There is a 16-inch gravity sanitary sewer ma~n in Old Dam Neck Road. Sewer and pump station anaiys~s for Pump Station 603 ~s required to determine ~f flows can be accommodated. Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA/# 1 Page 3 Transportation Master Transportation Plan (MTP) I Capital Improvement Program (ClP): There are no planned roadway projects or other capital ~mprovement projects ~n the Immediate area surrounding th~s proposal. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity No Count Ex~sbng Land Use z_ 20 Old Dam Neck Road 13,600 ADT Available Proposed Land Use 3_ 170 Average Dady Trips 2 as defined by two s~ngle-famdy homes 3 as defined by seventeen s~ngle-famdy homes Schools School Current Capacity Generation ~ Change 2 Enrollment Ocean Lakes 643 846 5 5 Elementary Corporate Landing 1,727 2,115 3 3 Middle Ocean Lakes 2,241 2,273 3 3 Sen~or High ~ "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~sbng 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 Police Department for crime prevention techniques and Crime Prevenbon Through Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 4 Fire and Rescue: Environmental Design (CPTED) concepts and strategies as they pertain to th~s rote. F~re Department concerns will be addressed during detailed subdivision rewew and budding permit review. Comprehensive Plan The subject site is located in the Courthouse/Sandbridge Planning Area. The Comprehenmve Plan Land Use Map identifies this area as appropriate for residential use wIth a density of 3.5 units to the acre or more. The density on the subject s~te should be kept close to 3 5 un~ts per acre due to th~s property's location w~thm the 70-75 dB Ldn no~se zone near Naval A~r Station Oceana. New remdenbal development in th~s area should generally try to re~nforce rather than change the positive character of our neighborhoods. Summary of Proposal Proposal · The subject s~te ~s a consohdation of three separate parcels currently zoned for agriculture. One of these existing parcels does not have frontage on a public street and shares access with the eastern front parcel via a shared driveway off of Old ii i Planning Commission Agenda September '10, 2003 HOME ASSOCIATES OF VA / # 1 Page 5 Dam Neck Road. There are several non-conforming structures on the two eastern parcels of the subject s~te as well. The applicant ~s proposing to remove all of the existing structures on the subject s~te and to rezone and subdivide the 5.06-acre property for seventeen (17) single-fam,ly home sites, resulting in a density of 3.3 un~ts per acre There ~s a small p~ece of property on the eastern edge of th~s site, adjacent to Storm Lake Drive that ~s not a part of th~s subd~ws~on T~tle to th~s small piece, which measures 26 feet w~de by 187 feet long, ~s ~n question. The applicant ~s ~n the process of researching the title and ~ntends to pursue purchase of th~s property and ~ncorporate ~t into the proposed subdivision. Site Desiqn · The applicant ~s proposing to develop seventeen (17) single-family homes on lots ranging from 7,500 square feet to 13,861 square feet ~n s~ze. · One cul-de-sac street is proposed to serve as access to the new lots. · A stormwater management pond has been located along Old Dam Neck Road, separating the home lots from the road Vehicular and Pedestrian Access · The proposed subdiwsion plan shows one new cul-de-sac street serving the new homes The new street connects to an existing residential street to the east of the property known as Storm Lake Drive. Storm Lake Drive is the main access road for the neighborhood known as P~nehurst Estates. No access from Old Dam Neck Road is proposed. Architectural Design · The homes that will be constructed will be a mix of one story and two story models. The applicant has proferred an elevation for both types. All homes will contain no less than 2,100 square feet and an attached garage containing no less than 315 square feet. The style and size of the homes proffered ~s compatible w~th the surrounding neighborhoods. Landscape and Open Space · The plan shows a stormwater management pond located along the frontage of Old Dam Neck Road. There is some green area around the pond that wdl remain open and will be dedicated and maintained by a homeowner's association. This wdl provide a visual, passive open space amenity for the neighborhood. Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA ! # 1 Page 6 The Subdivision Ordinance requires that 5 percent of the area on s~te be dedicated as open space. This equates to 11,020 square feet The total square footage of the stormwater management pond and green area ~s 34,657 square feet. At least 15,000 square feet of area ~s outside of the pond and therefore meets the requirement for open space dedication ~n accordance with the Subd~ws~on Ordinance. There are two large existing oak trees in the northwest corner of the stormwater management green area that will be preserved. A corner of the open space w~ll front on the subdivision roadway at the entrance to this subdivision, enhancing and defining the entrance. The apphcant is attempting to acquire the small p~ece of property, measuring 26 feet wide by 187 feet long, that ~s located between the open space area and Storm Lake Drive. If acquired, th~s area will be incorporated into the development as add~bonal open space. The northern half of the subject s~te is wooded. The apphcant has noted on the proffered site plan that a wooded buffer of at least 15 feet in w~dth wdl be preserved on lots 3 through 9. There are two existing City neighborhood parks within walking distance of the proposed subdivision. Proffers PROFFER # 1 Staff Evaluation: When the Property ~s developed, it shall be as a single family residential community of no more than seventeen (17) building lots substantially ~n conformance with the Exhibit entitled "COLLINGS QUAY, A SINGLE FAMILY SUBDIVISION," dated 5/02/03, prepared by SIte Improvement Associates, Inc., which has been exhibited to the V~rginia Beach C~ty Council and ~s on file w~th the Virginia Beach Department of Planning ("Concept Plan"). This proffer is acceptable. The number of lots shown on the plan ¢s in conformance with the density recommendation set forth in the Comprehensive Plan and the appbcant has provided open space in accordance with the Subdivision Ordinance requirements. The size of the lots is compatible w~th the subdivisions on the north side of Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 7 PROFFER# 2 Staff Evaluation: PROFFER # 3 Staff Evaluation: PROFFER # 4 Staff Evaluation: PROFFER # 5 Old Dam Neck Road and east of the subject s~te. The open space provided at the front of the s~te will serve as a roadside buffer and visual amemty for the subject property as weft as the surrounding neighborhood The site plan identifies two significant oak trees at the western edge of the site that w/fl be preserved within the open space area and also idenbfies that a 51 foot wide buffer of ex/sting trees w~fl be preserved on lots 3 through 9. When the Property is developed, the party of the third part shall ~nstall s~dewalks w~th~n the pubhc right-of-way on both s~des of the road as depicted on the Concept Plan. Th~s proffer/s acceptable. When the Property is subdivided it shall be subject to a recorded Declarabon of Protecbve Covenants, Condibons and Restncbons ("Deed Restrictions") administered by a Property Owner's Assoc~abon The Deed Restncbons will ~nclude Arbcles providing for Architectural Controls and mandatory assessments for maintenance of community open space. This proffer/s acceptable. Although the subdivision contains only 17 lots, the amount of open space that requires maintenance is also small. Staff feels that a reasonable maintenance fee can be established that would not become burdensome to the homeowners. All homes constructed on the lots depicted on the Concept Plan shall have exterior architectural features, design and building materials substantially similar to homes depicted on the drawings labeled "Building Elevations- COLLINGS QUAY" dated 5/02t03, which have been exhibited to the V~rginia Beach City Council and are on file w~th the V~rgin~a Beach Department of Planning. This proffer ~s acceptable and ensures that the new homes constructed will be compatible in style and quality to the surrounding homes. All homes constructed on the lots shall contain no less Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA ! # 1 Page 8 Staff Evaluation: PROFFER # 6 Staff Evaluation: City Attorney's Office: than 2100 square feet of enclosed hwng area excluding garage area and an attached garage containing no less than 315 square feet This proffer/s acceptable and ensures that the new homes constructed will be compatible in s/ze to the surrounding homes. Further cond~bons may be required by the Grantee dunng detailed Site Plan and/or Subd~ws~on review and adm~n~strabon of apphcable C~ty codes by all cognizant C~ty agencies and departments to meet all applicable C~ty code requirements. Any references here~nabove to the R- 7.5 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of V~rgima Beach, ~n force as of the date of approval of this Agreement by C~ty Council, which are by th~s reference ~ncorporated herein. This proffer states a standard policy and is acceptable. . The City Attorney's Office has reviewed the proffer agreement dated May 23, 2003, and found it to be legally sufficient and ~n acceptable legal form Evaluation of Request The request to rezone the subject site from AG-2 Agricultural D~strict to Conditional R- 7.5 Residential District ~s acceptable. The apphcant's plan has many features that wdl help to reinforce the positive characteristics of the ex~sting neighborhoods to the south and east of the site. The majority of the proposed lots will be between 8,000 and 10,000 square feet in size. New homes do not back up to the ma~n roadway, Old Dam Neck Road; instead, there is an open space and stormwater management area serving as a roadside buffer. The new street serving the proposed subdivision will connect to an existing neighborhood street. Some of the trees on the site will be preserved ~n a 15 foot wooded buffer that will provide some continuity in the landscape for the existing homes ~n Pinehurst Estates that have backed up to this wooded area for over 15 years. Two very large oak trees located in the northwestern corner of the stormwater management green area will also be preserved. The proposed subdivision meets the Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA / # 1 Page 9 Comprehensive Plan objectives for healthy neighborhoods and the density requested ~s ~n keeping w~th the Comprehensive Plan recommendations. There ,s one ~mprovement that the staff feels would make th~s proposal even better, and that would be to ,nclude the two remaining agricultural zoned parcels to the west of th~s site ~nto th~s development. Consolidation of parcels ~s always encouraged for ~nfill development as ~t results ~n a more coordinated, higher quality proposal. The applicant noted that he has tried to purchase the parcels, but the owner ~s unwilling to sell at this time. Staff recommends that the request to rezone the subject s~te from AG-2 Agricultural District to Conditional R-7.5 Residential District be approved as proffered. 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 Cit~ Codes. Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 10 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCF_ANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH VIRG1N[A 23460-2168 IN REPLY REFER TO 5726 Set 32/0313 August 4, 2003 Ms. Barbara Duke Munlcloa! Center Deoarcment of mlannmnc Bumld=ng 2, Room 100 2405 Courthouse Drive Vlrglnma Beach, VA 23456 Dear Ms. Duke: Thank you for the opportunmty to comment on the rezonmng request for the proposed constructlon of Colllngs Quay, a single-family subdivisIon. The smte is located mn uhe 70-75 decmbel (dB) day-nmgnt average (Ldn) noise zone. The Navy's Amr Installations Compatmb!e Use Zones Program states that residential land use ms lnccmpatmDte mn tnms zone. The Navy acknowledges the landowners' desmre to develoo themr property, but i urge you to deny their request. We would view residentIal development at th~s s~te as encroachment upon operations at Naval Amr Statlon Oceana. If you have any questions, please contact my Community Piann~ng Liaison O~f~cer, Mr. Ray F~renze at (757) 433-3158. S~ncerely and very respectfully, Comma~ z . Copy to: COMNAVREG MI DLANT Mayor Meyera Ooernaorf V~rgmnza Beach Cmty Councml V!rgznza Beach Plannzng Comm~sszon Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA/# 1 Page 11 Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 12 Model 300 II r rrrrrr rrrrrrr rrrr Optional Brick Elevation shown with ROG Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA / # 1 Page 13 Model 301 Optional Brick Elevation Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 14 Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 15 Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 16 DISCLOSURE STATEMENT -- ii'" 71ii ...... I' ii i ii I I iii I I ii Applicant's Name: H ^ V. TNC List All Current ESTATE OF ODELL g~TG[-FF BY JEFFREY T. TALBERT, Property Owners' ESQUIRE, ANCILLARY ADMINISTRATOR _ PROPERTY OWNER DISCLOSURE If the property owner ~s a CORPORATION, hst all officers of the Corporahon below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners m the orgamzabon below (Attach fist ~f necessary) [] Check here if the property owner is NOT a corporation, partnership, firm, or other u n in corporated orga nizatlon ff the apphcant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list ~f necessary) JAMES M. ARNHOLD, CHAII~MAN; R.O_B_E_R_T__L___P_RODA_N_,__I_I_,__P_R_E_SIDENTi BRENDA CARUANA, VICE PRESIDENT; MARY L. HEALD~. SECRETARY 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) I-1 Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true f[ an~urate. H~'A. V., I~C.~ Signat// Print Name Subdiwsion Variance Application Page 9 of 13 Mod~hed 10 16 2002 Z Planning Commission Agenda ~ September 10, 2003 ~ HOME ASSOCIATES OF VA i # 1 ...... Page 17 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCE..ANA 1750 TOMCAT BOULEVARD V~RGINIA BEACH VIRGINIA 23460-2168 IN REPLv REFER TO 5726 Ser 32/0313 August 4, 2003 Ms. Barbara Duke Munzczpal Center Department of Plannlng Buzidzng 2, Room 100 2405 Courthouse Drive Vzrcznla Beach, VA 23456 Dear Ms. Duke: Thank you for the opportunzty to comment on the rezonzng request for the proposed constructzon of Col!zngs Quay, a slngte-faml!y subdlvlslon. The site is located in the 70-75 decibel (dB) day-nzght average (Lon) nozse zone. The Navy's Azr Instaiiatzons Co~oatzble Use Zones Program states that reszdentzal land use zs znco~patzble zn this zone. The Navy acknowledges the landowners' desire ~o develop ~helr property, but i urge you to deny their request. We would view res!dent~al development at thls site as encroachment upon operations at Naval A~r Station Oceana. If you have any questions, please contact m~ Conununzty Planning L~a~son Officer, Mr. Ray F~renze at (757) 433-3158. Szncereiy and very respectfully, Ca~l~, U/S. Navy Commar~Officer Copy to: COMNAVREG MIDLANT Mayor Meyera Oberndorf V~rg~n~a Beach Cxty Counczl Varq~nla Beach Planning Com~ss~on Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA / # 1 Page 18 Item # 1 Home Associates of Virg~ma, Inc Change of Zoning District Classification 960, 964, 966 Old Dam Neck Road District 7 Pnncess Anne September 10, 2003 CONSENT Ronald ~pley: The next order of business ~s our consent agenda and Vice Chmrman Dot Wood will present this. Dot. Dorothy Wood: Thank you Mr. Chaarman. This afternoon we have 10 items on the consent agenda As I call the item will you please step to the podium and tell us whether or not you've read the conditions and whether or not you agree w~th them. The first item is Item #1, Home Associates of Virginia. It's an Ordinance to Change of Zoning District Classfficatlon from AG-2 Agriculture D~stnct and R-10 Residential District to Conditional R-7.5 Residential District on Old Dam Neck Road and this in the Pnncess Anne District and it has six proffers. Mr. Bourdon. Eddie Bourdon: Thank you madam secretary. Eddie Bourdon, for the record and obviously we are in agreement with the proffers that we've submstted and appreciate being on the consent agenda. Dorothy Wood: Thank you sir. Barry, would like to comment on that item? Barry Kmght: On thas proposed rezomng, the applicant's plan has many features that will help reinforce the positive characteristics of the existing neighborhood to the south and east of the site. The majority of the proposed lots will be between 8,000-10,000 square feet ~n size. Also some of the trees on the s~te will be preserved in a fifteen foot wooded buffer and in addition two very large oak trees on the northwest comer of the storm water management green area will also be preserved. The proposed subdivision meets the Comprehensive Plan objectives for healthy neighborhoods and the density request is in keeping with the Comprehenmve Plan recommendations. Therefore, we view this as an appropriate use of this property. Dorothy Wood: Thank you. Is there any opposition to Item #1, Home Associates of Vlrgqnia? This is an apphcation for a Change of Zoning District? This is in the Princess Anne borough. Heanng none. Mr Rlpley, I would move to approve this consent agenda item number one Home Associates of Vlrgama with six proffers. Ronald Ripley: We have a motion to approve this consent agenda item. Do I have a second? Seconded by Mr. W~ll Din. Is there any discussion on the motion? Okay, we'll call for the question. Item #1 Home Associates ofV~rglma, Inc Page 2 AYE 10 NAY 0 ABS 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley: By a vote of 10-0, the motion passes. ABSENT 1 ABSENT City o£ Virginia Reach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5759 DATE: October 16, 2003 TO: Leslie L. Lilley, _ DEPT: City Attorney FROM: B. Kay Wilson~~ DEPT: City Attorney Conditional Zoning Application Home Associates of Virginia, Inc., et als The above-referenced conditional zomng apphcation is scheduled to be heard by the City Council on October 28, 2003. I have reviewed the subject proffer agreement, dated May 23, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SYK[S i~OUt~DON. Att[I~N & L[W. P C WESLEY J BARNES, Executor of the Estate of Mary Henley Barnes, deceased CLIFFORD C. COLLINGS, III and PHILIP A. LIEBMAN HOME ASSOCIATES OF VIRGINIA, INC , a V~rginla corporataon TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a mumcipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of May, 2003, by and between WESLEY J. BARNES, Executor, Grantor, party of the first part, CLIFFORD C COLLINGS, III and PHILIP A LIEBMAN, Grantors, parties of the second part; HOME ASSOCIATES OF VIRGINIA, INC., a V~rgima corporation, party of the third party, and THE CITY OF VIRGINIA BEACH, a mumc~pal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part WITNESSETH: WHEREAS, the party of the first part is the owner of one (1) parcel of property located in the Princess Anne District of the City of V~rguma Beach, containing apprommately 2.164 acres as more partacularly described as Parcel 1 in Extublt "A" attached hereto and incorporated hereto by this reference, which parcel, along with the other parcels referenced herein and described m Exhibit "A" are herein referred to as the "Property"; and WHEREAS, the partaes of the second part are the owners of two {2) parcels of property located in the Princess Anne Dmtrict of the City of Vlrgima Beach, containing approximately 2.899 acres as more particularly described as Parcels 2 and 3 in Exhibit "A" attached hereto and incorporated herein by this reference, which parcels, along with the other parcel referenced hereto and described m Exhibit "A' are hereto referred to as the "Property"; and GPIN: 2415-74-1522 2415-64-9144 2415-74-2456 PREPARED BY BSYI(ES, t~OURDON , Att[t~N & LEVY. p C WHEREAS, the party of the thxrd part zs the contract purchaser of the Property and has zmtiated a condxtmnal amendment to the Zomng Map of the C~ty of Vzrgama Beach, %rgmxa, by pentxon addressed to the Grantee so as to change the Zomng Clasmfications of the Property from AG-2 Agricultural Dxstrict to Condxtional R-7 5 Remdentxal D~strmt, and WHEREAS, the Grantee's pohcy is to prowde only for the orderly development of land for various purposes through zomng and other land development legtslatzon, and WHEREAS, the Grantor acknowledges that the competing and sometames incompatible development of various types of uses conflict and that in order to permzt differing types of uses on and xn the a_rea of the Property and at the same tame to recogmze the effects of change that wrll be created by the Grantor's proposed rezonmg, certain reasonable condxt~ons governing the use of the Property for the protection of the commumty that are not generally apphcable to land mmilarly zoned are needed to resolve the situation to whxch the Grantor's rezoning apphcation g~ves rise; and WHEREAS, the Grantor has voluntarily proffered, m writing, xn advance of and prior to the public heanng before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations prowded for the R-7.5 Zoning District by the emsting overall Zoning Ordinance, the following reasonable condztions related to the physical development, operataon, and use of the Property to be adopted as a part of smd amendment to the Zoning Map relative and apphcable to the Property, whmh has a reasonable relation to the rezonmg and the need for whzch is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representataves, assigns, grantees, and other successors m title or interest, voluntarily and wuthout any reqmrement by or exact_ton from the Grantee or its govermng body and without any element of compulsmn or qmd pro quo for zoning, rezoning, site plan, burlding permit, or subdxviszon approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the phymcal development, operatmn, and use of the Property and hereby covenant and agree that th~s declaration shall constitute covenants runmng with the Property, PREPARED BY &[['vY, pC whmh shall be binding upon the Property and upon all parties and persons clmm~ng under or through the Grantor, ~ts successors, personal representatives, asmgns, grantee, and other successors m interest or tatle and which wull not be required of the Grantor untal the Property ~s developed 1 When the Property ~s developed, ~t shall be as a single family residential commumty of no more than seventeen (17) building lots substantially m conformance w~th the Exhibit entntled "COLLINGS QUAY, A SINGLE FAMILY SUBDIVISION," dated 5/02/03, prepared by Site Improvement Associates, Inc., whmh has been exhibited to the V~rginia Beach City Councd and ~s on file w~th the Virgmm Beach Department of Planning ("Concept Plan"). 2. When the Property ~s developed, the party of the third part shall install sidewalks v~thin the pubhc r~ght-of-way on both redes of the road as depicted on the Concept Plan. 3. When the Property ~s subdimded it shall be subject to a recorded Declaration of Protective Covenants, Cond~hons and Restrictions ("Deed Restrmttons') admimstered by a Property Owner's Association. The Deed Resmctions w-il/include Artacles providing for Architectural Controls and mandatory assessments for mmntenance of commumty open space. 4. All homes constructed on the lots depmted on the Concept Plan shall have exterior architectural features, design and budding materials substantially s~rn~lar to homes depmted on the drawings labeled "Budding Elevataons - COLLINGS QUAY" dated 5/02/03, which have been exhibited to the V~rgima Beach C~ty Council and are on file with the Vrrgtma Beach Department of Planning. 5 All homes constructed on the lots shall contmn no less than 2100 square feet of enclosed liwng area excluding garage area and an attached garage containing no less than 315 square feet. 6 Further conditions may be reqmred by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by ali cogmzant C~ty agencies and departments to meet all applicable City code reqmrements. Any references heremabove to the R-7.5 Zoning District and to the reqmrements and regulations apphcable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date PREPARED BY §Y[[S. t}OUttDO~. AtlEtL~ & LBa/P.C of approval of thxs Agreement by Cxty Counml, whxch are by th~s reference xncorporated herein. The above condxtmns, hawng been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zomng Ordinance, shall continue m full force and effect until a subsequent amendment changes the zomng of the Property and specifically repeals such conditions Such condmons shall continue despxte a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehenmve xrnplementatzon of a new or substantially remsed Zoning Ordinance until specifically repealed. The condmons, however, may be repealed, amended, or varied by written instrument recorded m the Clerk's Office of the Circmt Court of the Cxty of %rgima Beach, Virgima, and executed by the record owner of the Property at the tzme of recordation of such instrument, promded that smd instrument xs consented to by the Grantee in writing as evidenced by a certtfied copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a pubhc hearing before the Grantee whmh was advertised pursuant to the prommons of Sectmn 15.2-2204 of the Code of Vxrgunia, 1950, as amended. Smd ordinance or resolutaon shall be recorded along with smd instrument as conclusxve exadence of such consent, and ff not so recorded, smd instrument shall be void. The Grantor covenants and agrees that' (1) The Zoning Administrator of the C~ty of Virginia Beach, %rginia, shall be vested with all necessary authority, on behalf of the govermng body of the Cxty of V~rg~ma Beach, %rginia, to administer and enforce the foregoing conditions and restrictions, ~ncludxng the authority (a) to order, in writing, that any noncomphance wuth such condztions be remedmd; and (b) to bring legal action or stat to insure compliance wzth such conditions, including mandatory or prohibitory mjunclnon, abatement, damages, or other appropriate actaon, stat, or proceeding; (2} The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the reqmred budding or occupancy permits as may be appropriate; PREPARED BY SYI(E$. ]~OLTEDON, _ AtI~N &LgVY. PC (3) If aggrieved by any demsion of the Zomng Adm~mstrator, made pursuant to these prowmons, the Grantor shall petition the governing body for the review thereof prior to ~nst~tut~ng proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the emstence of condxtions attaching to the zoning of the Property, and the ordinances and the conditions may be made readxly avmlable and accessible for pubhc ~nspect~on ~n the office of the Zomng Admxmstrator and m the Planning Department, and they shall be recorded ~n the Clerk's Office of the Cxrcmt Court of the C~ty of V~rg~nia Beach, Virgxma, and indexed ~n the name of the Grantor and the Grantee. PREPARED BY ]SYI~[S. l~OtmDOK AlttgRN & LDrY. p C WITNESS the following mgnature and seal GRANTOR' THE ESTATE OF MARY HENLEY BARNES By:(A,'.Scd...~:.4././-// ~.,'¥,;' ~'ct./~ (SEAL) - ,,/ --.- Wesle~J. Barnes, Executor STATE OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me thru.)_(_.'" day of ~])tX;-\_, 2003, by Wesley J. Barnes, Executor of The Estate of M~ary Henley Barnes· J · . Notary Pubhc My Commmmon Expires: ~' .~ '~ 0 ~' PREPARED BY SYKES. ~OURDON. Att~N & LB'Y. P C WITNESS the follovmng mgnature and seal: GRANTOR Clifford ~) Collink~ STATE OF VIRGINIA CITY/COUNTY OF VIP. G!_wTA REACH , to-wit: The foregmng instrument was acknowledged before me this30 TH May , 2003, by Chfford C. Colhngs., by Philip A. Liebman, his agent and attmrney in fact. Notary Pubhe My Comm~smon Expires January 31, 2004 day of PREPARED BY §YII[S I~0UtlDON. AttERN & LEVY P C WITNESS the following mgnature and seal: GRANTOR' Phflhp A L~ebman (SEAL) STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH , to-w~t: The foregoing instrument was acknowledged before me this 30th day of May, 2003, by Philhp A. L~ebman. Notary ~u'~c My Comm~smon Expires' January 31, 2004 PREPARED BY SYK[$ [IOUIIDON. Att[tiN & LgVY. P C WITNESS the follow~ng mgnature and seal' GRANTOR HOME ASSOCIATES OF VIRGINIA, INC , a Virginia corporation By: ~alrm~~~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: (SEAL} The foregoing instrument was acknowledged before me th~s day of May, 2003, by James M. Arnhold, Chairman of Home Assocmtes of V~rgmm, Inc., a Virg~ma corporahon My Commission Expzres. PREPARED BY ,~ §YKrS. ]~OUI~DON. AIt[t~N & LFv'Y. P ¢ EXHIBIT "A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, w~th the bmld~ngs and improvements thereon and the appurtenances thereunto, s~tuate, lyang and being in the Princess Anne D~strmt of the C~ty of %rglnm Beach, Virginia, and being more particularly demgnated as tract "Parcel 5, 2 164 AC." on that certain plat entitled, "Survey of Property of Mary H. Barnes, D.B 653 P 397 Princess Anne Borough %rgm~a Beach, Va.", which smd plat ~s duly recorded in the aforesmd Clerk's Office in Map Book 170, at Page 27; reference to whmh plat ~s hereby made for a more partmular descrlptaon of the tract GPIN: 2415-74-1522 PARCEL 2: ALL of that certain tract, pxece or parcel of land, with the buildings and xmprovements thereon and the appurtenances thereunto appertmnmg, mtuate, lying and being in the Princess Anne Dmtnct of the City of Vrrgmm Beach, Virgmm, and being more partncularly demgnated as tract "Parcel 6, 0.536 AC." on that certain plat entitled, "Survey of Part of Property of Mrs. W. O. Gilbert Princess Anne Borough VirgLma Beach, Va.", which plat ~s duly recorded m the Clerk's Office of the Circuit Court of the City of Virgmza Beach, VLrgmxa, in Map Book 69, at Page 4; reference to smd plat being made for a more particular description and locatxon of the aforementsoned property. GPIN: 2415-64-9144 PARCEL 3: ALL THAT certain tract, piece or parcel of land, w~th the buxldmgs and maprovements thereon and the appurtenances thereunto appertaining, situate, lying and being m the Princess Anne District of the City of Virginia Beach, Vxrguma, and being more particularly designated as tract "Parcel 7, 2.363 AC,", on that certmn plat entxtled, "Survey of Part of Property of Mrs. W. O. G~lbert Princess Anne Borough Virginia Beach, Va.", which plat zs duly recorded in the Clerk's Office of the Circuit Court of the Cxty of %rginia Beach, Virginia, in Map Book 69, at Page 4; reference to said plat zs hereby made for a more particular descripbon of the aforementmned property. GPIN 2415-74-2456 CONDREZONE/HOMEASSOCIATES/CO LLINGSQUAY/PROFFER 10 FOPM NO P S 'i~ d City of Virginia Beach I'~/TEE-OFFICE COE~ES?OIq~EIVCE In Reply Refer To Our File No DF-5759 DATE: November 20, 2003 TO' FROM: Leslie L. Lilley ! B. Kay WilsonV' --'~TM DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Home Associates of Virginia, Inc., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated May 23, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY SYI~ES. I~OURDON. Att~N & LEVY, P C WESLEY J BARNES, Executor of the Estate of Mary Henley Barnes, deceased CLIFFORD C COLLINGS, III and PHILIP A LIEBMAN HOME ASSOCIATES OF VIRGINIA, INC, a %rgxma corporatxon TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a mumc~pal corporataon of the Commonwealth of Vxrguma THIS AGREEMENT, made this 23rd day of May, 2003, by and between WESLEY J. BARNES, Executor, Grantor, party of the first part; CLIFFORD C COLLINGS, III and PHILIP A. LIEBMAN, Grantors, parties of the second part, HOME ASSOCIATES OF VIRGINIA, INC., a Vzrg~nxa corporataon, party of the third party, and THE CITY OF VIRGINIA BEACH, a municxpal corporataon of the Commonwealth of Virgania, Grantee, party of the fourth part WITNESSETH WHEREAS, the party of the first part xs the owner of one (1) parcel of property located in the Princess Anne D~strict of the C~ty of Vzrgmm Beach, containing approximately 2.164 acres as more parttcularly described as Parcel 1 in Exh~bxt "A" attached hereto and incorporated hereto by this reference, whmh parcel, along with the other parcels referenced hereto and described in Exhibxt "A" are hereto referred to as the "Property"; and WHEREAS, the parties of the second part are the owners of two (2) parcels of property located m the Pnncess Anne District of the Czty of %rginm Beach, contaimng approximately 2.899 acres as more particularly described as Parcels 2 and 3 in Exhibit "A' attached hereto and incorporated hereto by this reference, whmh parcels, along with the other parcel referenced herein and described m Exhzbxt "A' are hereto referred to as the "Property"; and GPIN: 2415-74-1522 2415-64-9144 2415-74-2456 PREPARED BY SYK[§. [IOU~DON, WHEREAS, the party of the third part is the contract purchaser of the Property and has ~mtmted a condmonal amendment to the Zoning Map of the C~ty of Virginia Beach, V~rg~ma, by petmon addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-2 Agricultural District to Conditional R-7.5 Remdential D~stnct; and WHEREAS, the Grantee's pohcy ~s to provide only for the orderly development of land for various purposes through zoning and other land development legtslatton; and WHEREAS, the Grantor acknowledges that the competing and sometimes lncompat~ble development of various types of uses conflict and that ~n order to permit dlffenng types of uses on and m the area of the Property and at the same t~me to recogmze the effects of change that w~ll be created by the Grantor's proposed rezomng, certain reasonable condmons governing the use of the Property for the protection of the community that are not generally apphcable to land similarly zoned are needed to resolve the situation to which the Grantor's rezomng application g~ves rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public heanng before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Zoning District by the exlsttng overall Zoning Ordinance, the following reasonable conditions related to the physical development, operatmn, and use of the Property to be adopted as a part of smd amendment to the Zoning Map relative and apphcable to the Property, which has a reasonable relation to the rezonmg and the need for which is generated by the rezomng. NOW, THEREFORE, the Grantor, for ~tself, its successors, personal representatives, assigns, grantees, and other successors ~n title or ~nterest, voluntarily and wuthout any requirement by or exactton from the Grantee or its governing body and without any element of compulsion or qmd pro quo for zoning, rezomng, s~te plan, building permit, or subdivision approval, hereby make the following declaration of condmons and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declarataon shall constitute covenants running with the Property, PREPARED BY .~111 $YI(1:$ I~0URDON. which shall be bznd~ng upon the Property and upon all part~es and persons clmm~ng under or through the Grantor, ~ts successors, personal representatives, assigns, grantee, and other successors m interest or tttle and whmh wall not be required of the Grantor until the Property is developed: 1 When the Property is developed, it shall be as a single family remdentml community of no more than seventeen (17) building lots substantially in conformance w~th the Exhibit entitled "COLLINGS QUAY, A SINGLE FAMILY SUBDIVISION," dated 5/02/03, prepared by S~te Improvement Associates, Inc., which has been exhzbited to the Virginia Beach C~ty Council and is on file with the V~rgmia Beach Department of Planning ("Concept Plan") 2. When the Property ~s developed, the party of the third part shall install sidewalks within the public right-of-way on both sides of the road as depicted on the Concept Plan. 3. When the Property is subd~wded it shall be subject to a recorded Declaratton of Protective Covenants, Conditions and Restrictions ("Deed Restnctaons') admimstered by a Property Owner's Assomatlon. The Deed Restrictions wall include Artacles providing for Architectural Controls and mandatory assessments for maintenance of community open space. 4. Ail homes constructed on the lots depicted on the Concept Plan shall have exterior architectural features, design and bmlding matermls substantially mmilar to homes depicted on the drawings labeled "Building Elevations - COLLINGS QUAY" dated 5/09./03, which have been exhibited to the Virginm Beach City Council and are on file with the Virgmm Beach Department of Planning. 5 All homes constructed on the lots shall contain no less than 2100 square feet of enclosed hmng area excluding garage area and an attached garage containing no less than 315 square feet. 6. Further cond~taons may be required by the Grantee during detailed S~te Plan and/or Subd~msion remew and administration of apphcable City codes by all cogmzant City agencies and departments to meet all applicable C~ty code requirements. Any references heremabove to the R-7.5 Zoning District and to the requirements and regulations apphcable thereto refer to the Zoning Ordinance and Subdiwslon Ordinance of the City of V~rginia Beach, Virginia, in force as of the date PREPARED BY §Yrd;$. ]~OURDON. Att[tiN & LEVY, P C of approval of this Agreement by C~ty Council, which are by this reference ~ncorporated here~n The above cond~taons, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue ~n full force and effect untal a subsequent amendment changes the zoning of the Property and specifically repeals such condmons. Such condittons shall contanue despite a subsequent amendment to the Zomng Ordinance even ff the subsequent amendment ~s part of a comprehenmve n,nplementat~on of a new or substantially rewsed Zomng Ordinance unttl specffically repealed. The conditions, however, may be repealed, amended, or vaned by written ~nstrument recorded ~n the Clerk's Office of the Circmt Court of the C~ty of V~rg~ma Beach, V~rgm~a, and executed by the record owner of the Property at the tame of recordataon of such ~nstrument, provided that smd ~nstrument ~s consented to by the Grantee in writing as ewdenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a pubhc heanng before the Grantee which was advertased pursuant to the provmions of Sect_ton 15.2-2204 of the Code of V~rgmm, 1950, as amended. Said ordinance or resolution shall be recorded along w~th smd instrument as conclusive evidence of such consent, and ff not so recorded, smd instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virgtma Beach, Virginm, shall be vested with all necessary authonty, on behalf of the govermng body of the City of V~rgmia Beach, V~rgmm, to admimster and enforce the foregmng conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance w~th such conditions be remedied; and (b) to bring legal actaon or stat to insure compliance with such conditions, ~ncluding mandatory or prohibitory injunction, abatement, damages, or other appropriate actxon, stat, or proceeding; (2) The failure to meet all conditions and restrictions shall constatute cause to deny the issuance of any of the required budding or occupancy permits as may be appropriate; PREPARED BY IS--~I:S. ~OUI~DON. AttERN & LEVY. P C (3) If aggrieved by any decimon of the Zoning Adm~mstrator, made pursuant to these prov~mons, the Grantor shall petmon the govermng body for the review thereof prior to mst~tutang proceedings m court, and (4) The Zomng Map may show by an appropriate symbol on the map the existence of conditions attaching to the zomng of the Property, and the ordinances and the conditions may be made readily avmlable and accesmble for pubhc ~nspect~on ~n the office of the Zoning Administrator and ~n the Planmng Department, and they shall be recorded ~n the Clerk's Office of the Circmt Court of the C~ty of %rginia Beach, Virgtnm, and indexed in the name of the Grantor and the Grantee. PREPARED BY $Y~[$. t~0U2DON Att~_~N &ItVY p C WITNESS the follovang mgnature and seal GRANTOR' THE ESTATE OF MARY HENLEY BARNES By:~k?JL,L~z-c/,d -il cZ,'¥4 td_/~} (SEAL) W'esle½)~ Barnes, Ex~cutor STATE OF VIRGINIA~., CITY/COUNTY OF... ~. ((],~.~. CI IC'L. !~[~(l(' ~to-wit' The foregoing instrument was acknowledged before me this ~.f. day of i~h(?~:~'~.., 2003, by Wesley J. Barnes, Executor of The Estate of Mary Henley Barnes. Notary Pubhc My Commismon Expn'es: ~- ~ '~' ~ (~' PREPARED BY aSYEIrS, I~OIS~DON ~JlmN & lEvY. P C WITNESS the following signature and seal: GRANTOR: .::,~-*~ ~-~,~. ,i~_ ~.<.~.<_.~ (SEAL) Chfford C:~ Colhn~s STATE OF VIRGINIA CITY/COUNTY OF V!R~T_~ , to-wit. The foregoing ~nstrument was acknowledged before me this30 TH day of May , 2003, by Clifford C. Colhngs., by Philip A. Liebman, his agent and attmrney in fact. Notary My Commission Expires' January 31, 2004 PREPARED BY ll~ §YI~ES. ~OURDON, ~1~ Alii;tiN & k~a~. PC WITNESS the follov~ng signature and seal. GRANTOR Ph~lhp A Lzebman (SEAL) STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH , to-wzt The foregoing ~nstrument was acknowledged before me th~s ~0th day of May, 2003, by Phillip A. L~ebman. Notary Pu-bhc My Comm~smon Expires: January 31, 2004 PREPARED BY AttEI2N & L[~%: P C WITNESS the followang mgnature and seal' GRANTOR. HOME ASSOCIATES OF VIRGINIA, INC , a Virginia corporation By: mrman STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-mt. (SEAL) The foregmng ~nstrument was acknowledged before me th~s ""-- day of May, 2003, by James M Amhold, Chmrman of Home Associates of %rg~ma, Inc., a V~rg~ma corporation. ~ ~ Pubhc My Commission Expires' PREPARED BY SY[(ES, ]~OUt~DON. Attl~N & LL-VY. P C EXHIBIT "A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto, situate, lying and being in the Princess Anne D~stnct of the City of V~rglma Beach, Virginia, and being more particularly designated as tract "Parcel 5, 2.164 AC." on that certain plat entitled, "Survey of Property of Mary H. Barnes, D.B 653 P. 397 Princess Anne Borough Virginia Beach, Va.", which said plat is duly recorded m the aforesmd Clerk's Office in Map Book 170, at Page 27; reference to which plat is hereby made for a more particular descriptaon of the tract GPIN: 2415-74-1522 PARCEL 2: ALL of that certain tract, p~ece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the Princess Anne District of the City of Virginia Beach, Vlrguma, and bezng more partacularly designated as tract "Parcel 6, 0.536 AC." on that certain plat entitled, "Survey of Part of Property of Mrs. W. O. Gilbert Princess Anne Borough Vlrgima Beach, Va.", which plat is duly recorded ~n the Clerk's Office of the Clrcmt Court of the C~ty of V~rgzma Beach, Virgima, m Map Book 69, at Page 4; reference to said plat being made for a more partacular descriptaon and locataon of the aforementioned property GPIN: 2415-64-9144 PARCEL 3: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, s~tuate, lying and being in the Princess Anne District of the City of Virginia Beach, V~rginia, and betng more particularly designated as tract ~Parcel 7, 2.363 AC,", on that certain plat entitled, "Survey of Part of Property of Mrs. W. O. Gilbert Princess Anne Borough Virginia Beach, Va.", which plat is duly recorded m the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 69, at Page 4; reference to said plat is hereby made for a more parhcular description of the aforementioned property. GPIN: 2415-74-2456 CONDREZONE/HOMEASSOCIATES/COLLINGSQUAY/PROFFER 10 Supplemental Informabon ~ Map H-lO N~ No~ 'co S¢<~1e Shi Zonin_~ History Holland Associates 2 AG-I v~ndy llow Ct. Conditional Zomng Change from AG-7 to/-1 DATE I REQUEST [ACTION I 6-25-02 8-14-01 10-28-91 9-21-87 12-14-93 2-25-92 10-28-91 4-23-90 10-29-02 CONDITIONAL USE PERMIT (lodge for fraternal organization) REZONING (AG-1 Agricultural to A-12 Apartment with PD-H2 Planned Development Overlay) REZONING (B-2 Business to AG-1 Agricultural) REZONING (AG-2 Agricultural to B-2 Business) CONDITIONAL USE PERMIT (church) CONDITIONAL USE PERMIT (golf driving range) REZONING (I-1 Industrial to AG-1 Agricultural) REZONING (AG-2 Agricultural to conditional I-1 Industrial) CONDITIONAL USE PERMIT (church) Granted Denied Granted Granted Denied Granted Granted Granted Granted SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 7 CITY OF VIRGINIA BEACH AGENDA ITEM III II ITEM: Shipps Holland Associates, L.L.C. - Change of Zoning District Classification (AG-1 Agricultural District to Conditional I-1 Light Industrial District) MEETING DATE: December 2, 2003 · Background: An Ordinance upon Application of Shipps Holland Associates, L.L.C for a Change of Zoninq District Class~ficabon from AG-1 Agricultural District to Condibonal I-1 Light Industrial District on property located on the south side of Sh~pps Corner Road, approximately 200 feet east of Holland Road (portion of GPIN 14951689000000). The Comprehenmve Plan recommends use of th~s property for a variety of employment uses including business parks, offices, and appropriately located ~ndustrial and employment support uses DISTRICT 6- BEACH Considerations: The property was originally part of a large tract of agriculturally zoned property extending down Sh~pps Corner Road. A s~x-acre parcel to the east was subdivided out and is planned as the new location for a Moose Lodge (approved by Condibonal Use Permit in June 2002). On the west s~de, a 0.65-acre parcel is planned for a car wash and is proposed under a separate application by the applicant. No specific uses or site plans are currently proposed w~th this request, but the proffers address various use, site and building issues as follows: (1) The more intense industrial uses will require a Conditional Use Permit. (2) Although no site plans or building designs are proposed at this time, the proffers ensure that future development wdl be of high quality. (3) The proffers also ensure a coordinated plan for vehicular access to and through the property. Only two access points will be permitted on Shipps Corner Road. The Planning Commission placed this ~tem on the consent agenda because uses allowable under this rezoning would be compatible with ex~sbng and future Comprehensive Plan recommended surrounding land uses and a high level of Sh~pps Holland Associates Page 2 of 2 quality for future development ~s ensured by the proffers. Staff recommended approval. There was no opposition to the request · Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve th~s request as proffered. · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action: Staff recommends approval Planning Commission recommends approval Submitting Department/Agency: Planning Department ~ City Manager~/~/~- -'~C¢'~ H10 - 215 - CRZ - 2003 SHIPPS HOLLAND ASSOC., LLC Agenda Item 7 November 12, 2003 Pubhc Hearing Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planmng to prowde data, information, and professlonal land use recommendations to the Planning Commission and the C~ty Council to assist them in making a decision regarding th~s applmation. ~a~. ~m[~...-~j~p --qq- ~- : . : __ ~-: _ _ .~. ~ .. ~. Location and General Information ''~ REQUEST: Chan,qe of Zoninq District Classification from AG-1 Agricultural D~strict to Conditional I-1 Light Industrial D~strict. LOCATION: Property located on south s~de of Sh~pps Corner Road, 200 feet east of Holland Road. GPIN: COUNCIL ELECTION Part of 14951689000000 SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 1 DISTRICT: 6 - BEACH SITE SIZE EXISTING LAND USE AND ZONING: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 4.140 acres One single famdy residential dwelling and associated outbuildings / AG-1 Agricultural D~strict North: · South. · East: · West' ° Shopping center / B-2 Community Business District Garden center / AG-2 Agricultural District Vacant land prewously approved w~th a Cond~bonal Use Permit for a fraternal organization (Moose Lodge)/AG-1 Agricultural D~stnct Vacant land / AG-1 Agricultural D~strict Note: th~s property is proposed for condibonal B-2 Community Bus~ness D~strict and a Conditional Use Permit for a car wash under separate applications on the November 12 Planning Commission agenda (See Items 5 and 6-- R.J. McGinn~s). Several mature evergreen trees surround the exisbng dwelling. A row of mature deciduous trees currently exists on the adjacent property to the south. The site is in an AICUZ of 70-75dB Ldn surrounding NAS Oceana. Major Issues The following represent the s/gnificant issues idenbfied by the staff concermng this request. Staff's evaluation of the request is largely based on the degree to which these Issues are adequately addressed. · Compatibdity of proposed light industrial uses w~th adjacent land uses. · Quality of structures to be ultimately built on the property. SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 2 · Coordination of vehicular access and hm~tat~on of vehicular access points on Shipps Corner Road. Comprehensive Plan The Comprehensive Plan recommends this area for a variety of employment uses, ~nclud~ng business parks, offices, and appropriately located ~ndustnal and employment support uses. Uses permitted ~n the proposed I-1 Light Industrial D~strict are m keeping w~th the Comprehensive Plan's recommendations. Summary The applicant proposes to change the zomng of this property from AG-1 Agricultural to I-1 Light Industrial. No specIfic uses or site plans are currently proposed, but the proffers address these issues. The property was originally part of a large tract of agriculturally zoned property extending down Shipps Corner Road. A six-acre parcel to the east was subdiwded out and ~s planned as the new location for the Moose Lodge (approved by Conditional Use Permit in June 2002). On the west side, a 0.65-acre parcel is planned for a car wash and ~s proposed under a separate application by the apphcant (Agenda Items 5 and 6 -- R.J. McG~nnis). , , , Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h)of the C~ty Zoning Ordinance, has voluntarily submitted these proffers ~n an attempt to "offset Identified u SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 3 problems to the extent that the proposed rezon~ng ~s acceptable," (§107(h)(1)). Should th~s applicabon be approved, the proffers w~ll be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed w~th thIs change of zoning. PROFFER # 1 The prehm~nary subdivision plan submitted by the Grantor and the Apphcant to the Department of Planning w~th this Agreement and enbtled "Zoning Exhibit" Preliminary Subdiwsion of Property, Parcel B1-B, Subdivision of Property of Margaret A. Drummond and James R. and Marguerite Johnson, M.B. 293, P. 34,35, dated September 26, 2003" ("the "Plan") is ~ncorporated herein by reference and forms a part of th~s Agreement and shall be substanbally adhered to ~n the development of the Property. PROFFER # 2 The following uses shall not be permitted unless a Condibonal Use Permit ~s approved by City Council: a~rports, heliports and helistops; automobile rental establishments; automotive service establishments; heavy equipment sales and service; and truck and trailer rentals. PROFFER # 3 Only one additional new entrance shall be permitted on Sh~pps Corner Road for the Property. The ex~sbng entrance used for the existing residence on the Property shall remain whether or not the residence is removed or ~s used for a purpose other than a residence. Future access to the other portion of the Property (other than residence) shall be through the one shared entrance. Cross access easements shall be provided. PROFFER # 4 Building facades visible from Shipps Corner Road shall incorporate architectural features including, but not limited to, arcades, display w~ndows, entry areas, false windows and awnings to add visual interest. Variation in roof I~nes shall be ~ncorporated through overhanging eaves, parapets, pop outs, entrance features or height variations. Flat roofs and all rooftop equipment shall be concealed from typical street level view by the use of parapets or other means. The front elevation of the buddings constructed on the Property shall be bnck, wood, stone or tinted and textured concrete masonry All exterior surfaces shall have an earth tone color SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 4 PROFFER # 5 PROFFER# 6 PROFFER # 7 Staff Evaluation of Proffers: All freestanding s~gns shall be monument style or column style signs constructed of the same primary material as the building and shall not exceed a height of e~ght (8) feet. No neon lighbng visible from Sh~pps Corner Road shall be permitted on the Property. The Grantor and the Apphcant agree to make a right-of- way reservahon on Sh~pps Corner Road according to the requirements of the City of V~rg~n~a Beach Master Transportabon Plan Map as Amended and Adopted May 27, 2003. Further conditions may be required by the Grantee dunng detailed s~te plan and/or subdiws~on rewew and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable C~ty Code requirements. The proffers adequately address any concerns presented by changing the zoning on the property. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated October 1,2003 and found it to be legally sufficient and in acceptable legal form. Staff Evaluati0n Staff recommends approval of this request. Staff's evaluation of th~s request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' ~dentified at the beginning of this report. The proposal's strengths ~n addressing the 'Major Issues' are (1) Industrial uses are more suitable for this property than agricultural and will be compatible with adjacent uses. Particularly intense industrial uses otherwise permitted ~n the I-1 L~ght Industrial D~strict will be required to receive a Conditional Use Permit. SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 5 (2) Although no site plans or building designs are proposed at th~s t~me, the proffers ensure that future development wdl be of h~gh quality. Proffer 4 uses language from the Zoning Ordinance's retad design standards to ensure quahty architectural design, materials and colors. Freestanding s~gns w~ll also be coordinated with the buildings (3) The proffers also ensure a coordinated plan for vehicular access to and through the property Only two access points wdl be permitted on Sh~pps Corner Road An ~ngress egress easement is also present on the adjacent property to the west (proposed car wash parcel), which w~ll prowde another means of ~nterior access to the s~te Staff, therefore, recommends approval of th~s request 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 Cit~ Codes. SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 6 4 4-12-94 CONDITIONAL USE PERMIT 11-5-84 CONDITIONAL USE PERMIT 11-17-80 CONDITIONAL USE PERMIT 5 1-12-99 CONDITIONAL USE PERMIT 2-25-92 CONDITIONAL USE PERMIT 6 2-1-88 CONDITIONAL USE PERMIT 7 3-20-78 CONDITIONAL USE PERMIT 8 8-13-79 CONDITIONAL USE PERMIT nursery) 9 7-6-87 11-14-83 11 - 14-83 10 10-24-00 11 11-20-78 12 12-10-84 (motor vehicle rentals) (service station) (gas station) (outdoor recreabon) (dnwng range) (service stabon) (board horses) (garden shop and CONDITIONAL USE PERMIT (bulk storage) CONDITIONAL USE PERMIT (m~ni-warehouses) REZONING (R-8 Residential to B-2 Bus~ness) CONDITIONAL USE PERMIT (church) REZONING (A-1 Apartments to A-2 Apartments) REZONING (R-8 Res~denbal to B-2 Business) Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Public A.qency Comments Public Works Master Transportation Plan (MTP): Shipps Corner Road in the v~cinity of this application is a two-lane undiwded collector. The MTP designates this facility as an undivided road w~th a b~keway w~th]n a 70-foot right-of-way. Public Works has plans to w~den this road to a four lane und~wded highway w~th a b~keway, but the project has not yet been funded m the Capital Improvement Program Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z - 10 ADT Shlpps Corner 7,617 9,900 ADT Road ADT ~ ~ Pro3Posed Land Use - 315 ADT Average Dady Tnps 2 as defined by one agriculturally zon3ed parcel w~th one s~ngle-fam~ly dwelhng as defined by I-1 L~ght Industnal zoning SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 8 Public Utilities Comments w~ll be provided dunng detailed plan review. Public Safety Police' The apphcant ~s encouraged to contact and work w~th the Crime Prevenbon Off~ce within the Police Department for crime prevention techniques and Crime Prevention Through Enwronmental Design (CPTED) concepts and strategies as they pertain to this site. I F~re and Rescue: Comments wdl be provided dunng detailed plan review. SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 9 Exhibits Exhibit A of Site Location SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 10 (~/a 'ur^) avou o NV"'IgO N Exhibit B Site Plan W SHIPPS HOLLAND ASSOCIATES Agenda Item 7 Page 11 D~:SCLOSURE STATEMEN'i Exhibit C Z Disclosure Statement Z Z Z Applicant's Name List Ail Current Property Owners' APPLICANT DISCLOSURE If the apphcant ~s a CORPORATION, hst all officers of the Corporation below. (Attach hst Jf necessary) If the applicant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners ~n the orgamzation below (Attach hst if necessary) 1~5~neck here ~f the applicant ~s NOT a c.,orporat~on, partnership, firm, or other unincorporated organization.~./,,w,.~¢~-/~~ ~,~'~ /~~ if the applicant is not the current owner of the property, complete the Propert Owner section below: PROPERTY OWNER DISCLOSURE If the property owner ~s a CORPORATION, hst all officers of the Corporation below: (Attach hst /f necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATIO~,J~s.t.~il rr~.rnbe, rs or.~:/~rtn_ers in t~_eprga, nl~;ation below: (Attach l/st ~f nec essa ~A .~--4e~'~¢~ ~ Check here ff the prope~y owner ~s NOT a co~orat~on, padnership, fi~, or other unmco~orated organization. CERTIFICATION I certify that the information contained herein is true and accurate. · Print Name i Conditional Rezon~ng Application Page 10 of 14 , i i SHIPPS HOLLAND ASSOCIATI~S Agenda Item 7 Page 12 Item #7 Shlpps Holland Associates, L L C Change of Zoning District Classification South side of Shipps Comer District 6 Beach November 12, 2003 CONSENT Dorothy Wood The next item is Item #7, Sh~pps Holland Associates It's an Ordinance upon Application of Shipps Holland Associates for Change of Zoning District from AG-1 to I-1 L~ght Industrial. That is on Shlpps Comer Road and that is in the Beach District There are seven proffers. Is there anyone here representingO Mr Adkins Frank Adklns' Frank Adklns again for Mr McGinnis who is out of the country He has accepted the proffers that have been proposed on this property Dorothy Wood. Thank you sir Frank Adkins Thank you. Any questions~ I'll be glad to answer. Dorothy Wood Is there any opposition to this item, which Is Item #7, which is Shipps Holland Associates9 Hearing none Mr Din William Din: This item was also recommended for approval based on the compatibility with the adjacent uses Even though it's changing the zoning classification from AG-1 to Conditional I-1 Light Industrial we feel like it's highly proffered to generate a quality development there. Also, with the I-1 classification ~t will require Conditional use for approval for certain industrial uses We felt like there was enough controls on this so we don't have any specific development in mind here. We have recommended it also for consent and approval Dorothy Wood Thank you Mr Rapley, I would move to approve Item #7 Ronald ~pley: Okay. We have a motion to approve the consent agenda item as just read. Do I have a second? Charhe Salle' Second. Ronald Rlpley: Seconded by Charlie Salle'. Okay. Is there any discussion on the motion9 Okay. We'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE Item #7 Shlpps Holland Associates, L L C. Page 2 CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Rlpley Bv a vote of 11-0, the motion passes City o£ Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5816 DATE: November 20, 2003 TO: Leslie L. Lilley DEPT' City Attorney FROM: B. Kay Wilson.~L'D DEPT: City Attorney Conditional Zoning Application Shipps-Holland Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated October 1, 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 AGREEMENT THIS AGREEMENT made this 1st day of October 2003, by and between SHIPPS- HOLLAND ASSOCIATES, L L.C, a Virginia limited liability company, Applicant, and hereinafter called Grantor for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinafter called Grantee. RECITALS: R-1 The Grantor is the record fee simple owner of the property located in the Pnncess Anne District, City of Virginia Beach and described in Exhibit A attached hereto (the "Property") and incorporated into this Agreement R-2 The Applicant initiated an amendment to the zoning map of the City of Vlrglma Beach, Virginia, by petition of the Apphcant addressed to the Grantee, so as to change the zoning classification of a portion of the Property from AG-1 Agricultural to I-1 conditional Industrial District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3. The Grantee's policy is to provide only for the orderly development of land, for Industrial purposes through zoning and other land development legislation R-4. The Grantor and the Applicant acknowledge that competing and sometimes ancompatlble uses conflict, and that in order to permat different uses on and in the area of the Property and at the same tame to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the commumty that are not generally applicable to land similarly zoned I-1 conditional are needed to cope with the situation to which the Applicant's rezoning application gives rise. R-5. The Grantor and the Applicant have voluntarily offered, an writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zomng map with respect to the Property, in addatlon to the regulatmns provided for in the exast~ng I-1 zoning d~strict by the Zoning Ordanance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and apphcable to the Property, which have a reasonable relation to the rezoning and the need for which at is generated by the rezomng. R-6. The conditions outlined in thas Agreement have been proffered by the Grantor and the Apphcant and allowed and accepted by the Grantee as part of the amendment to the Zoning Prepared by Harry R. Purkey, Jr., P.C 303 34th Street, Suite 5 V~rgima Beach, VA 23451 GPIN: 1495 16 8900 0000 Ordinance and the zoning map These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property, 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 of the Grantee, unless, notwithstanding the foregoing, the conditions are amended or vaned by written instrument recorded in the Clerk's Office of the C~rcmt Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments, provided further that said instrument is consented to by the Grantee in writing as evidenced by a certffied copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public heanng before the Grantee advertised pursuant to the provisions of Section 15.2-2004 of the Code of Vtrgtnta, 1950 as amended, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSE TH: NOW, THEREFORE, the Grantor and the Apphcant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement by or exaction from the Grantee or ~ts governing body and w~thout any element of compulsion or quzd pro quo for zoning, rezomng, s~te plan, building permat or subdivisaon approval, hereby make the followang declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons clmmang under or through the Grantor, their successors, personal representatives, assigns, grantees and other successors in interest or title. 1. The prehminary subdlvis~on plan submitted by the Grantor and the Applicant to the Department of Planning with this Agreement and entitled '"'Zoning Exhibit" Preliminary Subdivision of Property, Parcel BI-B, Subdivision of Property of Margaret A. Drummond and James R. and Marguerite Johnson, M.B. 293, P. 34, 35, dated September 26, 2003" (the "Plan") is incorporated herein by reference and forms a part of this Agreement and shall be substantially adhered to an the development of the Property. 2. The following uses shall not be permatted unless a Conditional Use Permit is approved by City Council: mrports, hehports and helistops; automobile rental establishments; automotive servme establishments; heavy eqmpment sales and service; and truck and trailer rentals. 3. Only one additional new entrance shall be permatted on Shlpps Comer Road for the Property. The existing entrance used for the ex~sting residence on the Property shall remain whether or not the residence is removed or is used for a purpose other than a residence. Future access to the other portion of the Property (other than residence) shall be through the one shared entrance. Cross access easements shall be provided. 4 Building facades visible from Shlpps Comer Road shall Incorporate architectural features including, but not hmaed to, arcades, display windows, entry areas, false windows and awnings to add visual Interest. Variation in roof hnes shall be incorporated through overhanging eaves, parapets, pop outs, entrance features or height variations Flat roofs and all rooftop equipment shall be concealed from typical street level view by the use of parapets or other means. The front elevation of the buildings constructed on the Property shall be brick, wood, stone or tinted and textured concrete masonry All exterior surfaces shall have an earth tone color 5 All freestanding signs shall be monument style or column style s~g, ns constructed of the same primary material as the building and shall not exceed a height of eight (8) feet. No neon hghtxng visible from Shipps Comer Road shall be permitted on the Property 6. The Grantor and the Applicant agree to make a right-of-way reservation on Shlpps Comer Road according to the requirements of the City of Virginia Beach Master Transportation Plan Map as Amended and Adapted May 27, 2003 7. Further conditions may be required by the Grantee dunng detailed site plan and/or subdiv~sion revxew and admimstration of applicable Caty Codes by all cogmzant C~ty agenmes and departments to meet all applicable City Code requarements. The Grantor and the Applicant covenant and agree that' a The Zoning Administration of the City of Vlrglma Beach, V~rginia, shall be vested with all necessary authority on behalf of the govermng body of the City of Virginia Beach, Virgnnia, to administer and enforce the foregoing conditions and restrictions, including the authority (1) to order in writing that any non-compliance with such conditions be remedied and (ii) to bnng legal action or stat to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the reqmred building or occupancy permits as may be appropriate. c. If aggrieved by any demslon of the Zoning Administrator made pursuant to the provisxons of the Cxty Code, the Zoning Ordinance, or th~s Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zomng of the Property on the map and that the ordinance and the condinons may be readily avmlable and accessible for pubhc inspection in the office of the Zoning Admmmtrator 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, V~rgima, and indexed in the name of the Grantor and Grantee. WITNESS the following s~gnatures and seals' Sh~pps-Holland Associates, L.L C By: McGinms Realty and Development 'P. J~tS~nms, ~res~ent By (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t; REI~EE A. MORLAN COllMI$SIONED AS ~lr:~;;l; & SCHNEIDER , a Notary Pubhc in and for the City and State aforesmd, do hereby certify that R. J McGlnms, President of McG~nms Realty and Development Company, Manager o f S hipps-Holland A ssoc~ates, L L.C., h as acknowledged the same before me in my C~ty and State. GIVEN under my hand th~s/L/4~ay of ~P}~.¢~SL~. ~ ,2003 '~ot~r~eubltc~' My 9otlmaiss.ion expires: Net~ortc/Agreements/McGmms & Sh~pps-Holland (Industrial) Rev 10/13/03 EXHIBIT "A" BEGINNING at a point on the southern s~de of Shlpps Comer Road at the lntersectmn of the southern side of Sh~pps Comer Road and the d~v~d~ng line between the property here~n described and that certmn parcel entitled "Parcel A", as shown on that certain subdivision plat recorded in the Clerk's Office of the Circuit Court of the City of V~rg~nia Beach, Virginia, m Deed Book 2633, at page 2039, smd point also being at the northwestern comer of the property herein described and the northeastern comer of the aforesaid Parcel A, thence along the southern side of Sh~pps Comer Road, north 67 degrees 58'43" E 261.29 feet to a point, thence cont~nmng along the southern side of' Shxpps Comer Road, north 60 degrees 44'48" E 39.18 feet to a point; thence contmmng along the southern side of Sh~pps Comer Road along a curve to the right, the radius of which being 993.00 feet, a distance of 94.87 feet to a poxnt; thence cont~nmng along the southern side of Shxpps Comer Road along a curve to the left, the radius of which being 1,059.00 feet, a d~stance of 71.44 feet to a point; thence south 22 degrees 26'48" E 408.27 feet to a pmnt; thence south 75 degrees 02'23" W 479 35 feet to a point, thence north 20 degrees 57'56" W 353 40 feet to a point in the southern s~de of Shlpps Comer Road, being the point of beginmng. THE ABOVE-DESCRIBED property constitutes a port~on of that certain piece or parcel of land with the buildings and improvements thereon, s~tuate, lying and being in the City of Vlrg~ma Beach, Vlrg~ma, being known, numbered and designated as Parcel BI-B, as shown on that certain plat entitled "Subdlwslon of Property, Parcel B 1, Subdivision of Property of Margaret A Drummond & James R. and Marguerite Johnson, D.B 2709, P. 2214 (Plat), Vlrgima Beach, V~rgmia", which said Plat ~s duly recorded in the Clerk's Office of the Clrcmt Court of the City of V~rg~ma Beach, Virginia, in Map Book 293, at pages 34 and 35. Supplemental ! H:fo~-m al~i0n"~:;~ Map H-10 N RO Zonin~ History McG .. s 2 R-5D I-I Conduional Zoning Change from AG-I to B-2 CUP ]'or Car Wash I-I I# DATE 1 6-25-02 8-14-01 10-28-91 9-21-87 12-14-93 2-25-92 10-28-91 4-23-90 I REQUEST CONDITIONAL USE PERMIT (lodge for fraternal organizabon) REZONING (AG-1 Agricultural to A-12 Apartment with PD-H2 Planned Development Overlay) REZONING (B-2 Business to AG-1 Agricultural) REZONING (AG-2 Agricultural to B-2 Business) CONDITIONAL USE PERMIT (church) CONDITIONAL USE PERMIT (golf driving range) REZONING (I-1 Industnal to AG-1 Agricultural) REZONING (AG-2 Agricultural to conditional I-1 Industrial) I ACTION Granted Demed Granted Granted Denied Granted Granted Granted R.J. MCGINNIS Agenda Items 5 and 6 Page 7 CITY OF VIRGINIA BEACH AGENDA ITEM II IIIII IIII I ITEM: R.J. McGinnis- (a) Change of Zoning District Classification (AG-1 Agricultural District to Conditional B-2 Community Business District) and (b) Conditional Use Permit (Car wash) MEETING DATE: December 2, 2003 · Background: (a) An Ordinance upon Apphcation of R. J. McGinnis for a Chanqe of Zoning District Classification from AG-1 Agricultural District to Condibonal B-2 Community Business on property located on the east s~de of Holland Road, approximately 200.14 feet south of Shipps Corner Road (port~on of GPIN 14951689000000). The Comprehensive Plan recommends use of th~s property for a variety of employment uses including business parks, offices, and appropriately located industrial and employment support uses. DISTRICT 6 - BEACH (b) An Ordinance upon Apphcation of R. J. McGinn~s for a Conditional Use Permit for a car wash on property located on the east side of Holland Road, approximately 200.14 feet south of Shipps Corner Road (portion of GPIN 14951689000000). DISTRICT 6 - BEACH Considerations: The applicant proposes to rezone the parcel to Conditional B-2 and develop ~t as a car wash. The "self-wash" facihty includes six bays and is onented so that the narrow side of the structure faces Holland Road. Three vacuum stabons are shown on the southern s~de along w~th s~x additional parking spaces. A drive a~sle surrounds the structure. Landscaping has been included well above minimum requirements to reduce the amount of pavement that is typically found in auto-related developments Landscape buffers are shown on both the north and south s~des of the site as well as the street frontage. Landscape islands are Included where possible so that they do not ~mpede vehicular circulabon in the s~te The Planning Commission placed these ~tems on the consent agenda because the proposed use ~s compabble with existing adjacent land uses and future land R. J. McGinn~s Page 2 of 2 uses as recommended ~n the Comprehensive Plan Staff recommended approval. There was no opposition to the requests. · Recommendations: The Planning Commission passed a mobon by a recorded vote of 11-0 to approve th~s request as proffered and w~th the following conditions: . The s~te shall be developed as shown on the submitted site plan entitled, "Concept Plan, Proposed S~x Bay Car Wash" dated Oct. 1,2003 by Gallup Surveyors and Engineers. . The building shall be constructed as shown on the submitted elevations enbtled, "Car Wash Facihty, Holland Road, Virginia Beach, McG~nn~s Realty & Development" by Des~gn-Budd Architecture dated 6/19/03 However, the north elevabon shall be revised to change the "s~gnage" to a w~ndow or other architectural feature. The materials of the budding shall be spht face or r~bbed block and shall ~nclude no standard smooth face block. All exterior surfaces of the building shall have an earth tone color 3. The freestanding sign shall be a monument or column-style s~gn no more than e~ght feet ~n height constructed of materials to match the building. 4. A 20.5-foot reservabon along Holland Road shall be recorded prior to final site plan or subdiwsion approval, whichever comes first. · Attachments: Staff Review D~sclosure Statement Planning Commission Minutes Locabon Map Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planning Department (~/~ City Manager:~~-' ~0~l''z' H10 - 214 - CUP - 2003 H10 - 214 - CRZ - 2003 R.J. MCGINNIS Agenda Items 5 & 6 November 12, 2003 Public Heanng Staff Planner: Ashby Moss The following report /s prepared by the staff of the Virgima Beach Department of Planmng to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them /n making a decision regarding this application. .~ ...... -~...; ..... ,.?.-.., Location and General Information TM REQUEST: LOCATION: 5. Chanqe of Zoninq D~strict Classification from AG-1 Agricultural District to Conditional B-2 Community Business District. 6. Conditional Use Permit for a car wash. Property located on east side of Holland Road, 200 feet south of Sh~pps Corner Road. Map H-lO ~,, .... ~,.,. R. ,[. McG~nms '~ ~ ::':,,: ,, ,-, CUP for ~ GPIN' Part of 14951689000000 R.J. MCGINNIS Agenda Items 5 and 6 Page I COUNCIL ELECTION DISTRICT: SITE SIZE' EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 6 - BEACH 0.660 acres Mostly undeveloped. There is an outbuilding on the back of the site associated with a dwelling fronbng Shipps Corner Road North' South' East: West' · Gas station / B-2 Community Business District · Garden center / AG-2 Agricultural District · Vacant property / AG-1 Agricultural D~strict-- Note: th~s property is proposed for conditional I-1 L~ght Industrial D~stnct under a separate apphcabon on the November 12 Planning Commission agenda (See Item 7, Sh~pps Holland Associates) · Across Holland Road, convenience store and Venzon office / B-2 Community Business D~stnct There are no s~gnificant natural features on th~s site. The s~te is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. Major Issues TM The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Compatibihty of proposed car wash with adjacent land uses. · Enhanced s~te and architectural design that will translate rote a quality development · Coord~nabon of vehicular access to adjacent properties. , R.J. MCGINNIS Agenda Items 5 and 6 Page 2 Comprehensive Plan The Comprehensive Plan recommends th~s area for a variety of employment uses, including business parks, offices, and appropriately located industrial and employment support uses. The proposed use ~s ~n keeping with the Comprehensive Plan's recommendations Summary of Proposal The apphcant proposes to rezone the parcel to Condibonal B-2 and develop ~t as a car wash. The "self-wash" facility ~ncludes six bays and ~s oriented so that the narrow side of the structure faces Holland Road Three vacuum stabons are shown on the southern side along with s~x additional parking spaces. A dr~ve a~sle surrounds the structure. Landscaping has been included well above m~nimum requirements to reduce the amount of pavement that ~s typically found ~n auto-related developments. Landscape buffers are shown on both the north and south sides of the site as well as the street frontage. Landscape islands are included where possible so that they do not impede vehicular c~rculation ~n the site. The plan also retains shared vehicular access routes previously recorded for the property. A 32-foot ingress/egress easement exists along the northern border of the property where it abuts the adjacent gas station. A vehicular entrance ~s also preserved so that vehicles can cross ~nto the gas station from the car wash parcel. Vehicles will also be able to access the adjacent I-1 property to the east when ~t ~s developed via this easement. The proposed building consists of a structure with s~x bays and a two-story equipment room at the center. The two-story equipment room serves as a tower feature, prowd~ng a welcome variation in height. The entire budding has a standing seam metal hip roof. The remainder of the building is either ribbed or spht face block. i i iii R.J. MCGINNIS Agenda Items 5 and 6 Page 3 The following are proffers submitted by the apphcant as part of a Conditional Zoning Agreement (CZA). The apphcant, consistent w~th Section 107(h) of the C~ty Zoning Ordinance, has voluntarily submitted these proffers ~n an attempt to "offset ~dentifled problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this apphcabon be approved, the proffers will be recorded at the Circuit Court and serve as condibons restncbng the use of the property as proposed with this change of zoning PROFFER # 1 The preliminary site plan submitted by the Grantors and the Apphcant to the Department of Planning w~th th~s Agreement and entitled "Concept Plan Proposed S~x Bay Carwash by R.J McG~nnis" dated October 1,2003 (the "Plan") is ~ncorporated here~n by reference and forms a part of th~s Agreement and shall be substantially adhered to ~n the development of the Property PROFFER# 2 The only permitted use on the Property is to be a car wash unless agreed to by C~ty Councd. PROFFER # 3 The Grantor and the Applicant agree to make a right-of- way reservation on Holland Road according to the requirements of the C~ty of V~rginia Beach Master Transportabon Plan Map as Amended and Adapted May 27, 2003. PROFFER # 4 Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation of Proffers: The proffers adequately address most of the concerns presented by the change of zoning for this property from agricultural to commercial The proffered site plan shows an increased amount of landscaping than is typically provided with auto-related uses The plan also shows a 20.5 foot reservation which corresponds with the planned R.J. MCGINNIS Agenda Items 5 and 6 Page 4 widening of Holland Road outlined in CIP Project 2-008 (Holland Road Phase VII). The only outstanding issue not addressed in the proffers is the architectural design of the self-wash structure This is, however, addressed/n the recommended conditions of the Use Permit. City Attorney's Office: The C~ty Attorney's Office has rewewed the proffer agreement dated October 1, 2003 and found ~t to be legally sufficient and ~n acceptable legal form. Staff Evaluation'X f Staff recommends approval of this request Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified at the beginning of th~s report. The proposal's strengths ~n addressing the 'Major Issues' are (1) The proposed car wash is a compabble land use with the adjacent gas stabon. Although plant nurseries aren't typically paired w~th car washes, both uses are commercial in nature, and a suitable buffer ~s prowded on the southern side. (2) The site plan and architectural design, as specified in the recommended conditions below, reflect a quality development due to an increased amount landscaping and an attracbve building design. Posibon~ng the narrow side of the building to face Holland Road also m~tigates the wsual impact of a s~x-bay self- wash facility. (3) The site design preserves the existing ingress/egress easement, allowing for coordinated vehicular access with the adjacent gas station and the adjacent property to the east. (This property is requested for I-1 Light Industnal zoning under the Shipps-Hoiland apphcabon, # 7 on this agenda). Staff, therefore, recommends approval of th~s request as proffered and with the conditions recommended below. ii R.J. MCGINNIS Agenda Items 5 and 6 Page 5 Conditions o The s~te shall be developed as shown on the submitted site plan entitled, "Concept Plan, Proposed Six Bay Car Wash" dated Oct. 1,2003 by Gallup Surveyors and Engineers . The building shall be constructed as shown on the submitted elevations entitled, "Car Wash Facility, Holland Road, Virginia Beach, McGinnis Realty & Development" by Design-Build Architecture dated 6/19/03. However, the north elevahon shall be revised to change the "s~gnage" to a window or other architectural feature The materials of the budding shall be split face or ribbed block and shall ~nclude no standard smooth face block. All exterior surfaces of the building shall have an earth tone color. 3. The freestanding s~gn shall be a monument or column-style sign no more than eight feet ~n height constructed of materials to match the building 4. A 20.5-foot reservation along Holland Road shall be recorded prior to final site plan or subdivision approval, whichever comes first 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. , R.J. MCGINNIS Agenda Items 5 and 6 Page 6 3 10-29-02 CONDITIONAL USE PERMIT 4 4-12-94 CONDITIONAL USE PERMIT 11-5-84 CONDITIONAL USE PERMIT 11-17-80 CONDITIONAL USE PERMIT 5 1-12-99 CONDITIONAL USE PERMIT 2-25-92 CONDITIONAL USE PERMIT 6 2-1-88 CONDITIONAL USE PERMIT 7 3-20-78 CONDITIONAL USE PERMIT 8 8-13-79 CONDITIONAL USE PERMIT nursery) 9 7-6-87 11-14-83 11-14-83 10 10-24-00 11 11-20-78 12 12-10-84 CONDITIONAL USE PERMIT (church) (motor vehicle rentals) (service station) (gas station) (outdoor recreation) (driving range) (service station) (board horses) (garden shop and (bulk storage) CONDITIONAL USE PERMIT (mini-warehouses) REZONING (R-8 Res~denbal to B-2 Business) CONDITIONAL USE PERMIT (church) REZONING (A-1 Apartments to A-2 Apartments) REZONING (R-8 Residenbal to B-2 Business) Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Public A.qency Comments Public Works Master Transportation Plan (MTP): Holland Road in the wcmity of this apphcabon ~s a four lane diwded minor urban arterial. The MTP designates th~s facility as a divided road within a 100-foot right-of- way. However, the current adopted Capital Improvement Program includes a project that calls for a s~x-lane divided roadway for th~s section of Holland Road (CIP Project 2-008 Holland Road Phase VII). The minimum right-of-way width to accommodate a six- lane facdity is 131 feet. Additional right-of-way must be considered for turn lanes and medians. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Ex~st~ng Land Use z - 7 ADT Holland Road 28,494 27,400 ADT ~ ADT ~ Proposed Land Use 3_ Weekday 648 ADT Saturday 797 AD, T R.J. MCGINNIS Agenda Items 5 and 6 Page 8 ~ Average Dady Trips 2 as defined by 0 66 acres of agriculturally zoned land ~ as defined by six car wash stalls Public Utilities IWater: There ~s a 16-~nch water hne in Holland Road fronting the property. Th~s site must connect to C~ty water Sewer' There ~s an 8-~nch sanitary sewer line ~n Holland Road fronting the property. This s~te must connect to C~ty sewer Ex~sting sewer capacity ~s not available to the site. The developer's engineer must provide a hydraulic analysis of the sanitary system during detailed site plan rewew. Public Safety Pohce' The applicant is encouraged to contact and work w~th the Crime Prevention Off~ce within the Police Department for crime prevenbon techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this s~te. Fire and Rescue: I No concerns. R.J. MCGINNIS Agenda Items 5 and 6 Page 9 Exhibits Exhibit A Aerial of Site Location R.J. MCGINNIS Agenda Items 5 and 6 Page 10 ~L 0 n i 1 I Exhibit B Proposed Site Plan o~ ii i R.J. MCGINNIS Agenda Items 5 and 6 Page 11 I Exhibit C Proposed Elevation Plan R.J. MCGINNIS Agenda Items 5 and 6 Page 12 Exhibit D Proposed Building Elevation R.J. MCGINNIS Agenda Items 5 and 6 Page 13 DISC. LOSURE STATEMENT II Disclosure Statement I i i I i ii I ' i i I i iiiiiii i i i iii i i i List All Current Property Owners: ~ ~___~., ~ _~--,,_~' ,~,,~/~ ~,~---/.. ~ APPLICANT DISCLOSURE If the applicant ~s a CORPORATION, I~st all officers of the Corporabon below (Attach hst if necessary) if the apphcant ~s a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION. list all members or partners m the organization below: (Attach bst rf necessary) []~eck here if the applicant ~s NOT a corporation, partnership, firm, or other un,ncorporated organ,zation,~,.~, :~,,~ ~.~/~'/~ If the applicant is not the current owner of the property, complete the Propert Owner section below: PROPERTY OWNER DISCLOSURE if the property owner ~s a CORPORATION, list all officers of the Corporation below: (Attach//st if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all me.r'0bgr.,s__ or I;~rt~er~ in the o, rganiza, ti.on~below: (Attach list - ' (/ · - ,~' --II r-I Check here ~f the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION. ! certify that the information contained herein is true Print Name II I I I I I I iii II I I~ Conditional Rezoning Apphcat~on Page 10 of 14 R.J. MCGINNIS Agenda Items 5 and 6 Page 14 Item #5 & 6 R.J McGinnis Change of Zoning District Classification Conditional Use Permit East side of Holland Road District 6 Beach November 12, 2003 CONSENT Ronald Rlpley: The next portion of our agenda will be the consent agenda These are items that we believe they are acceptable to the staff and acceptable to the Commission to be put on the consent agenda and Dot Wood, Vice Chairman, will conduct this portion of the meeting. Dot Dorothy Wood: Thank you Ron. This afternoon we have 17 items on the consent agenda. As I call the item would you please come to the podium, state your name, if you have read the conditions and if you agree with them Again, as we said in the rules, if you have any opposition please tell us at this time and it will be dropped down and heard at it regular place on the agenda. The first item on the consent agenda is two items, which Items #5 & 6. R.G. McGinnis. Number five is an Ordinance upon Apphcation of Mr. McGinms for a Change of Zoning District Classification from AG-1. which is Agricultural District to Conditional B-2 Community Business District. This is on the east side of Holland Road and it is in the Beach District and there are four proffers with this one Number six is an Ordinance upon Application of Mr McGlnnis for a Conditional Use Permit for a car wash on property located on the east side of Holland Road and this has four conditions. Is there anyone here representing Mr McGlnnis? State your name sir. Frank Adkins: My name is Frank Adkins and I'm representing Mr. McGinms who' s out of the country. Mr. McGinms has written a letter, I believe to the Chairman of accepting the proffers that were proposed by the city I'm prepared to answer any questions. Dorothy Wood What about the four conditlons9 Frank Adkins: He accepted the four conditions. Yes ma'am. Dorothy Wood. Thank you. Is there any opposition to Item #5 & 6 for Mr. McGinnis? Hearing none. Will, you please comment on these two ~tems? William Din: Yeah. The Planning Commission has placed this on consent believing that there's no opposition to ~t We have looked at this ~tem and it is compatible with the adjacent gasoline station The traffic is shared on a vehicle access and is coordinated well with the adjacent properties. The structural design of the building itself for a Item #5 & 6 R.J McGlnms Page 2 carwash is probably a higher quality than normal of the designs So, that is why we placed ~t on consent Dorothy Wood Thank you Wilham D~n And recommended for approval Dorothy Wood. Thank you sir Mr R~pley, I would move to approve these items on the consent agenda, Items #5 & 6 for R J McGlnms. Ronald Rlpley: Okay We have a motion to approve these ~tems on the consent agenda as just read Do I have a second9 Charhe Salle" Second Ronald Ripley: Seconded by Charlie Salle' Okay Is there any d~scuss~on on the motion9 Okay. 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 Rapley: By a vote of 11-0, the motion passes. City of Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5766 DATE: November 20, 2003 TO' Leslie L. Lilley _ DEPT: City Attorney FROM: B. Kay Wilson~,~O DEPT: City Attorney Conditional Zoning Application Shipps-Holland Associates, L.L.C. and R. J. McGinnis The above-referenced conditional zoning apphcation is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated October 1, 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 AGREEMENT THIS AGREEMENT made this 1st day of October, 2003, by and between SHIPPS- HOLLAND ASSOCIATES, L L C., a Virginia limited liability company, "Grantor" and R. J McGINNIS (the "Applicant"), both Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS: R-1 The Grantor is the record fee simple owner of the property located in the Princess Anne District, City of Virginia Beach and described in Exhibit A attached hereto (the "Property") and incorporated into this Agreement R-2 The Applicant initiated an amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion of the Property from AG-1 Agricultural to B-2 conditional Commercial District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virglma, adopted April 18, 1988, as amended and as in effect as of the date of flus Agreement (the "Zoning Ordinance"). R-3. The Grantee's policy ~s to provide only for the orderly development of land, for commercial purposes through zoning and other land development legislation. R-4. The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and that in order to permit d~fferent uses on and in the area of the Property and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certmn reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land s~milarly zoned B-2 conditional are needed to cope with the s~tuatmn which the Applicant's rezonmg application gives rise to. R-5. The Grantor and the Applicant have voluntarily offered, in writing, in advance of and prior to the pubhc hearing before the Grantee, as part of the proposed amendment to the zomng map with respect to the Property, in addition to the regulations provided for in the existing B-2 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zomng map relative and applicable to the Property, whmh have a reasonable relation to the rezoning and the need for which it is generated by the rezomng. Prepared by Harry R. Purkey, Jr., P.C. 303 34th Street, State 5 Virginia Beach, VA 23451 GPIN: 1495 16 8900 0000 R-6 The conditions outhned in th~s Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zomng Ordinance and the zomng map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive lmplementat~on of a new or substantially revised zomng ordinance of the Grantee, unless, notwithstanding the foregoing, the conditions are amended or vaned by written instrument recorded ~n the Clerk's Office of the C~rcmt Court of the City of Vlrg~ma Beach, Virg~ma and executed by the record owner of the Property at the t~me of recordation of such instruments; provided further that said instrument is consented to by the Grantee ~n writing as evidenced by a certified copy of the ordinance or resolution adopted by the govemlng body of the Grantee, after a pubhc heanng before the Grantee advertised pursuant to the provismns of the Code of Virginia, Section 15 2-2204, whmh said ordinance or resolution shall be recorded along with smd instrument as conclusive credence of such consent. WITNESSETH: NOW, THEREFORE, the Grantor and the Apphcant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without reqmrement by or exaction from the Grantee or 1ts governing body and w~thout any element of compulsion or qmd 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, operatmn and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees and other successors in interest or title. 1. The preliminary site plan submitted by the Grantors and the Applicant to the Department of Planning with this Agreement and entitled "Concept Plan Proposed S~x Bay Carwash by R J. McGlnms" dated October 1, 2003 (the "Plan") is incorporated herein by reference and forms a part of this Agreement and shall be substantially adhered to in the development of the Property. 2 The only permitted use on the Property ~s to be a car wash unless agreed to by City Council. 3 The Grantor and the Applicant agree to make a right-of-way reservation on Holland Road according to the requirements of the City of Vlrglma Beach Master Transpiration Plan Map as Amended and Adapted May 27, 2003 4. Further conditions may be required by the Grantee dunng detailed site plan and/or subdivision review and admmastratlon of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The Grantor and the Applicant covenant and agree that a. The Zomng Adm~mstrat~on of the City of Virginia Beach, Vlrg~ma, shall be vested w~th all necessary authority on behalf of the governing body of the City of V~rg~ma Beach, Virginia, to admlmster and enforce the foregoing conditions and restrictions, ~ncludmg the authority (0 to order ~n writing that any non-comphance w~th such condmons be remedied and (ii) to bnng legal actmn or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, stat or proceedings b Fmlure to meet all conditions and resmctlons shall constitute cause to deny the ~ssuance of any of the required bmld~ng or occupancy permits as may be appropnate. c. If aggrieved by any decision of the Zomng Admlmstrator made pursuant to the provisions of the City Code, the Zoning Ordinance, or tins Agreement, the Grantor shall petition the governing body of Grantee for the review of such dec~slon prior to instituting proceedings in court d The Zomng Map shall show by an appropnate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zomng Admmmtrator and in the Planning Department and that they shall be recorded ~n the Clerk's Office of the Circmt Court of the City of Vlrgima Beach, Virgima, and indexed ~n the name of the Grantor and Grantee. SIGNATURE LINES ON FOLLOWING PAGE WITNESS the following signatures and seals. Shlpps-Holland Associates, L.L C By By McGlnms R.J~ Realty and Development (SEAL) f- ~ (SEAL) STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to-wit, RENEE A. MORLAN COMMISSIONED AS I, RENEE A. SCHNEIDER , a Notary Public in and for the City and State aforesaid, do hereby certify that R. J. McGlnnis, President of McGlnms Realty and Development Company, Manager o f S hlpps-Holland A ssomates, L .L C., h as acknowledged t he same before me in my City and State. GWEN under my hand this ]tl-}~ay of ~C ~-~--~Y~' , 2003. ota y My cgmmi~slon expires STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to-w~t, RENEE A. MORLAN COMMISSIONED AS I, RENEE A, SCHNEIDER , a Notary Public in and for the City and State aforesaid, do hereby c ertlfy t hat R J M cGmms h as acknowledged t he same before m e 1 n m y Clty a nd State. GIVEN under my hand this I ~4~ay of (_~'~P_~Y~ ,2003 M~ cq _mm~ssion expires: Nctwo k/^greements/McG~nms & Sh~pps-Holland Rev 10/13/03 EXHIB IT "A" BEGINNING at a point in the eastern side of Holland Road, which said point is located at the intersection of the eastern side of Holland Road and the boundary line between the property herein described and that certain parcel described as "Parcel A", as shown on that certain plat recorded in the Clerk's Office of the Circuit Court of the City of Vtrglnia Beach, Vlrglma, in Deed Book 2633, at page 2039, which said point also being at the northwestern comer of the property herein described and the southwestern comer of the aforesaid Parcel A. thence North 67 degrees 58'43" E 200 feet to a point, thence south 20 degrees 57'56" E 153.26 feet to a point; thence south 75 degrees 02'23" W 210.94 feet to a point m the eastern side of Holland Road, thence turning right and running along the eastern side of Holland Road along a curve to the left, the radius of which is 473.20 feet, a distance of 90 27 feet to a point; thence continuing along the eastern side of Holland Road along a curve to the left, the radius of which being 2,348 83 feet, a distance of 27 94 feet to the point ofbeginmng THE ABOVE-DESCRIBED property constitutes a portion of that certain piece or parcel of land with the buildings and Improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel BI-B, as shown on that certain plat enutled "Subdivision of Property, Parcel B 1, Subdiwslon of Property of Margaret A Drummond & James R and Marguerite Johnson, D.B. 2709, P 2214 (Plat), Virginia Beach, Virginia", which smd Plat is duly recorded in the Clerk's Office of the C~rcmt Court of the City of Virginia Beach, V~rgima, in Map Book 293, at pages 34 and 35 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Adoption of Comprehensive Plan MEETING DATE: December 2, 2003 · Background: The process of updating the Virginia Beach Comprehensive Plan began in mid-2001 consistent with State law requirements. It entailed studying background data and information on the city's physical characteristics, assessing future growth strategies and ensuring effective public input. Following a public hearing on October 20, 2003, the Planning Commission transmitted a certified copy of the Recommended Comprehensive Plan to the City Council for review and consideration. The City Council held a public hearing to receive further public input on November 4, 2003. The Comprehensive Plan now awaits final action. · Considerations: The Comprehensive Plan considered a number of important issues that will influence the quality and viability of our city's future physical growth. Among these included the diminishing supply of undeveloped land in the northern area of the city and this relationship to the future of the Transition Area and Rural Area. These factors influenced other planning considerations designed to sustain a high quality of life. These included stable neighborhood protection, economic growth, environmental preservation, open space acquisition, AICUZ impacts and improvements to public facilities, among others. · Public Information: Since September of 2001, 62 sessions that included public hearings, open houses and workshops, have been held to ensure effective public involvement in this Comprehensive Plan update process. · Recommendations: It is recommended that the City Council adopt the second draft of the Comprehensive Plan dated September 29, 2003, as amended and recommended by the Planning Commission shown on Attachment A and include the City Council revisions as shown on Attachment B. · Attachments: Attachment A - Planning Commission Recommended Changes to the Comprehensive Plan. Attachment B - City Council revisions to Planning Commission Recommended Comprehensive Plan and other selected revisions received from public comment. Recommended Action: Adoption of the Comprehensive Plan Second Draft dated September 29, 2003, as revised and recommended above. Submitting Department/Agency: Department of Planning ~ City Manager: ~ ~._ ,~ 0'~ AN ORDINANCE AMENDING AND ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF VIRGINIA BEACH 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 WHEREAS, the purpose of the Comprehensmve Plan is to guzde and accomplzsh the coordmnated, ad]usted and harmonmous development of the Czty whmch will, zn accordance wmth present and probable future needs and resources, best promote the health, safety, morals, order, convenmence, prospermty and general welfare of the Czty and mrs citmzens; WHEREAS, the Planning Commmssmon, mn concert with the Department of Planning, conducted numerous work sessions and an extensive outreach program mn order to determine the needs and desmres of the general public and buszness, environmental, military, agricultural, cultural and other groups; WHEREAS, on October 20, 2003, the Plannmng Commmssion recommended and certmfied to the City Councml a Comprehensive Plan amending the previous Comprehensive Plan adopted by the City Council on November 4, 1997, and thereafter revised on December 14, 1999, January 4, 2000, March 28, 2000, June 27, 2000, July 11, 2000, December 12, 2000, May 22, 2001, June 11, 2002 and May 27, 2003, in accordance with the requirements of Article 3 of Chapter 22 of Tmtle 15.2 of the Code of Virgmnia; WHEREAS, the Cmty Councml has thoroughly studied the Comprehensive Plan recommended and certified to it by the Planning 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 47 Commission, and has actively and affirmatively sought and obtained the views of the citizens of the City; WHEREAS, the City Council has held a publzc hearzng on the proposed Comprehensmve Plan, after having given due notice thereof pursuant to Section 15.2-2204 of the Code of Vzrgmnia, as amended; and WHEREAS, the Comprehensive Plan presented to the Czty Counczl this day, bearing the date of September 29, 2003, and the revisions thereof dated October 20, 2003, amend the verszon of the Comprehensive Plan recommended and certmfied by the Planning Commission; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That it hereby adopts, as the Comprehensive Plan of the City of Virginia Beach, that certain document entztled "Comprehensive Plan, City of Virginia Beach," dated September 29, 2003, as amended by the aforementioned revisions bearzng the dates of October 20, 2003, and December 2, 2003, which Comprehensive Plan and revisions were presented to the City Counczl this day. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CiTY OF VIRGINIA BEACH, VIRGINIA: That it hereby also adopts, as an integral part of the Comprehensive Plan, the Comprehensive Land Use Plan Map and Master 48 49 Transportation Plan Map accompanylng the aforesaid Comprehensive Plan. 5O 51 Adopted by the Council of the Czty of V~rg~nia Beach, V~rgmnma, on the day of , 2003. CA- 9012 ORD IN~NONCODE k comppl anord, wpd R-2 September 30, 2003 APPROVED AS TO CONTENT: Planning Department APPROVED AS TO LEGAL SUFFICIENCY:~ ~~~A~ ~,~~ Cmty Attorney's Offzce Attachment A COMPRHENSIVE PLAN PLANNING COMMISSION RECOMMENDATION This attachment cites the revisions to the Comprehensive Plan Draft dated September 29, 2003, as approved by the Planning Commission following their October 20, 2003 public hearing. Policy Document Revision Rewse the last sentence at the bottom of page 11 to read, "The A consistent and rehable AICUZ Program provides necessary protection to potential development ~n the commumty from jet noise and crash potential, and is an important factor ~n enabling the military to remmn here ~n force and contribute to our local economy" Technical Report Revision Delete the housing tables shown on pages 90 and 91. Master Transportation Plan Map Revisions Revise the following roadway segments to read: Centervllle Turnpike - from Kempsville Road to Indian River Road Reduce the planned right of way w~dth from 165' to 150' Princess Anne Road - from Indian River Road to Pungo Ferry Road Reduce the planned right of way width from 110' to 100' and change the accompanying symbol from a "D" (Dlwded Roadway) to "U" (Undivided Roadway). Independence Boulevard - from Haygood Road to Northampton Boulevard Reduce the planned right of way w~dth from 170' to 150'. Attachment B COMPREHENSIVE PLAN OTHER REVISIONS TO BE CONSIDERED BY CITY COUNCIL The following items are considerations for revisions to the Recommended Comprehensive Plan, as received by the City Council and other input received during public comment. Policy Document Revisions Add a new policy E-2-3 to read: Develop an Owl Creek Watershed Management Plan and continue cooperation with the Rudee Inlet-Owl Creek Watershed Parmership. Renumber all subsequent policies cited in this sub-section of the Plan. Revise the heading of the third environmental theme, Intra and inter-governmental Coordination, cited on page 220 to read' Coordination with Governmental and Other Stakeholders Revise the second sentence under this heading to read: External stakeholders who are revolved in the process of addressing this major theme include the following: the Hampton Roads Planning District Commission; the Chesapeake Bay Local Assistance Department; the U S. Army Corps of Engtneers; the Virginia Department of Conservation and Recreation; the Vlrgania Department of Environmental Quality; the Cities of Chesapeake and Norfolk, and Cumtuck County; the Federal Emergency Management Agency, the U.S. Fish and Wildlife Service, the Environmental Protection Agency; the Virginia Department of Transportation; the Departments of the Navy and Army and members of the Chesapeake Bay Foundation, Lynnhaven 2007 Prolect, and Elizabeth Raver Prolect. Revise Policy E-2-4 to read: Encourage all golf course facilities in the City, both pubhc and private, to comply with the Audubon Certification Program to protect drinking water supply to the greatest extent practical. Add two new bullets an the Appendix on page A-4 under the 'Agenda for Future Action' section to read: Explore the feasibility of offering tax incentives for using 'permeable pavements' and other innovative development techniques that contribute to improved stormwater management systems. Explore the feasibility of offering real estate tax benefits such as tax credit or tax deduction for creation of riparian buffers on their property. Revise the Title of Chapter 5, Transition Area to read: Pnncess Anne/Transition Area and revise the Comprehensive Plan map accordingly. Add a new sentence at the beginning of Chapter 5 to read The Transition Area is now recogmzed and officially named 'Pnncess Anne/Transition Area' Add a new sentence before the last sentence in the first paragraph of the Rural Area chapter on page 161 to read: This presence is reflected in the diversity of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian faclhties, wetland banks, fish farms and other slrmlar uses. Add the following language on Page 6 after the fifth paragraph to read Another part of the city's identity is the strong tie with the m~htarv. Military bases in Vlr~ma beach, including Naval Air Station Oceana and its Dam Neck Annex, as well as Fort Story and the Naval Amphibious Base Little Creek are vital parts of the city in every way. Each installation predates the 1963 charter creating the City of Virginia Beach The base bnng great financial stability, increases the diversity and background of the population and enhances the efforts of the city to become a community for a lifetime. Many of the military_ members who served in Virginia Beach choose it as their permanent home upon leaving the military or upon their retirement. This parmershlp between the City and the military_ is not only vital to the city m an economic sense, but also plays an important role in defining the character of the Virginia Beach It is a partnership that has continued for 40 years It has been and will continue to be the policy of the city to work in a close, positive and collaborative manner to achieve our respective goals and oblectlves. Thru means achieving a reasonable balance between the Navy's need to maintain effective military readiness, both operationally and strategically, and the c~ty's need to maintain effective implementation of its ~owth management and land use planmng policies. Add the following language on page 11 as the first three sentences under the heading, A strong mthtary presence tn the communtty, to read: We want the Virginia Beach to continue to be the proud host and home to the military. We support the military and recognize the important contributions they make to our community. We wall work to further galvamze the strong partnership that has been a hallmark of our relationship over the past four decades Revise the last sentence on 11 to read' The AICUZ Program provides necessary protection to potential development m the community from jet noise and crash accident potential, and is an important factor in enabling the m]htary to remain here in force and contribute to our local economy. Rewse the first sentence on page 12 to read' ~ Future military aircraft basing decisions may bnng louder and more numerous aircraft accentuateing the importance of giving due consideration to this program dunng all land use decision making Add a new item to the summary list of steps on page 54 relating to rev~tahzat~on and redevelopment to read: V. The City must carefully weigh mlhtary and other community interests before implementing any revitalization or redevelopment initiative. Technical Report Revisions Revise the last paragraph on page 43 and the first paragraph on page 44 to read: The purpose of the AICUZ (Air Installation Compatible Use Zone) Program is to achieve compatibility between air ~nstallatlon operations and neighbonng communities by. 1. Protecting the health, safety and welfare of civilians and military_ personnel by encouraging land uses that are compatible with aircraft operations, 2. Protecting Navy installation investment by safeguarding the ~nstallation's operational capabilities, . Reducing noise impacts caused by aircraft operations whde meeting operational, training and flight safety requirements, both on and in the vicinity of the air installation, and Informing the public about the AICUZ program and seeking cooperative efforts to mlninuze noise and accident potential impacts by promoting compatible development in the vicinity of military air installations. Delete the introductory paragraph and first bullet on page 67 and revise the second bullet ..... lv- ""lr""h" ',.qlC2,.11'-".,-.7 '" ,-1,~+ ..... +,,.,.,,, *-h,-,+ ,~.,..-+,,..,,,.1,., 1.,,~,,,..,..,..., ,4 ....... 1,,1,~ ,.,+,-,,..-,.*-,,.,-,., 1 ........ 1 13 .... ~.~A O,-,h,-,,~ ,c,-.,.,;1,+,,=,, ,-...,-,,-,-.. .... ,-1 ,,,-,,4 g,.-,,4,~,-1 ;,-, +L, ....... + The Bays]de Pohce Precinct tat/roject involves the replacement of the current Third Premnct with a new 9,000 square foot fac]hty. Th~s project will be done in conjunction with the replacement of the emst]ng Bayslde L~brary w~th a new facility The capital projects also entail the acqmsltlon of add~tlonal property to accommodate the bmldlng expansion and parking requirements for both facilities Revise on page 84 footnote #6 refemng to the Signature at West Neck Golf Course to read: 6 Approximate acreage ofpr-oposed golf course Revise on Page 84 the words 'Herons Ridge' to read: 'Heron Pddge'. Revise on Page 85 the number of holes on N.A.S Oceana Aerop]nes Golf Course to read: 36. Revise the first paragraph on page 109 to read: Oceana Naval Air Stauon ~s the U.S. Navy's largest Master Jet Base, home to most of the F/A-18 Hornet Squadrons on the East Coast and the only air station in the U.S. w~th the-F-14 Tomcat squadrons. A total of 2-3 19 strike/fighter squadrons with 3 ! 9 287 aircraft are assigned with over ~..,,,,,,,, ~ nnn 9,000 active duty personnel and 2-r14-t- 2,273 civilian employees. The largest employer in Virgima Beach, the mr statmn's annual payroll is over $600 million (2003 data) Revise the fourth paragraph on page 109 to read. /~,~.,-,+,~.,- A +1,.,,.,*.,,- NAS 0ceana Dam Neck Annex, Dam Neck's primary mission is to provide tralmng in the operation and employment of naval combat direction and control systems. The average base population is 5,000 persons and the total mlhtary and C~vlhan payroll is $224 million. K. APPOINTMENTS MINORITY BUSINESS COUNCIL PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L. UNFINISHED BUSINESS i i i I i iii i Ii ' Ii i i 1 I 'i i i M. NEW BUSINESS N ADJOURNMENT i i i ii i ir i i i I i ii I i i i