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HomeMy WebLinkAboutAUGUST 10, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �t�SN' Egp�' MAWR ALYI HAI (481XY4)OI2I A 1. rgP6 61(I MAYOR10101k 104/1 HYd llama41517IH HARRY I DII711 k P D 2 ROBIRI N DV)R ( -n 0c-11gmat RI Hi N(1AU\ Rog Hall Ilgtrtai3 ' RlL11ARDA MADIJOY &can D1ntt6 11MR11I/ P 'MIL•D Pi OPROMA.WV .IAN I;AIerg. RpNA. RYWILSON. Ailarge R09FMAHYW(L30N Atlarge1ITY 17101101 g1 DNl1( lAA1/IS L{Y(MU_LVmrhavmnD6'n1e15 24H 1IRGINIA 2 0 VIRGINIA 13EdC(l, 4'IItGlNIA 23456-8005 CITY COUNCIL AGENDA PHONE:(7513 42'410) FAX(707)426 5669 JAMES K.9PORG,(11y Manager E MNLClyencE:vbgov.con? LIi4111 I.11111Y,( Auarno RI /H HODGCS.W17H,MMC A,Cily Clerk 10 August 2004 I. CITY MANAGER'S BRIEFING - Conference Room 2:30 P.M. A. Corps of Engineers' Lynnhaven River Environmental Restoration Study Charles W. Meyer. Chief Operating Officer II. COUNCIL LIASION REPORTS HI. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room 4:00 P.M. A. CALL TO ORDER - Mayor Mcyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -Council Chamber 6:00 P.M. A. CALL TO ORDER—Mayor Meycra E. Oberndorf B. INVOCATION: Lt. Commander Timothy J. Oswald Chaplain, Oceana Naval Air Station Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL AND FORMAL SESSION July 13, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND and REORDAIN City Code §23-38 re destruction of property by any one who is not the owner. 2. Ordinance to AMEND §35-64 of the City Code re Real Estate Tax exemption, deferral or freeze for elderly or disabled persons by revising eligibility criteria to conform with state law changes. 3. Ordinance to EXTEND the term of the Memorandum of Understanding (MOU) between the City and Lynnhaven River 2007 re improvement of water quality, restoration and preservation of the estuary habitats in the River. 4. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an Agricultural Lands Preservation Easement (ARP) on property owned by Charles W. and Arlene C. Lewis, Jr. 5. Ordinance to AUTHORIZE a temporary encroachment to construct and maintain an irrigation pipe and sleeve into a portion of the City's right-of-way at Holly Road by PRINCESS ANNE COUNTRY CLUB. 6. Ordinance to ACCEPT $19,894 from the U.S. Department of Justice and APPROPRIATE$19,285 to the Police Department plus $609 to the Sheriff's Department re the purchase of bullet proof vests. 7. Resolution to AUTHORIZE the City Manager to dispose of certain property,previously on loan to the City, and return the blue glass crystal collection to the Estate of Irving Kline. J. PLANNING 1. Application of the VIRGINIA BEACH DEPARTMENT OF PARKS and RECREATION for a Variance to §5B of the Site Plan Ordinance re improvements to the existing golf course at Red Wing Lake to extend water and sewer utilities to the site, construct new irrigation systems, new greens complexes, renovate cart path and improve the maintenance facilities at 1080 Prosperity Road. (DISTRICT 6—BEACH) RECOMMENDATION: APPROVAL 2. Application of MARRILYN L. DAVIS for a Conditional Use Permit for a home occupation (daycare) at 1432 Glenwood Links Lane (DISTRICT 1 —CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of CHECKERED FLAG MOTOR COMPANY for a Conditional Use Permit for bulk storage(vehicles) at 3177 Virginia Beach Boulevard. (DISTRICT 3—ROSE HALL) RECOMMENDATION: APPROVAL 4. Application of NORTH LANDING DEVELOPMENT,L.L.C. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional.1-1 and 1-2 Industrial Districts with P-1 Preservation District to accommodate manufacturing and warehouse uses on the west side of Holland Road, south of Shipps Corner Road. (DISTRICT 3 —ROSE HALL) RECOMMENDATION: APPROVAL 5. Applications of PLEASANT RIDGE AUTO PARTS, INC. re retail sales establishment specializing in auto parts and undefined future expansion: (DISTRICT 7—PRINCESS ANNE) a. Chance of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District at 4164 West Neck Road b. MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council on November 24, 1998, in behalf of Mr. and Mrs. Philip Wayne Murden, Jr.)to remove the three-acre area requested for rezoning from the area encumbered by the 1998 Conditional Use Permit Deferred: June 22 &July 13. 2004 RECOMMENDATION: APPROVAL 6. Applications of HIGHCOURT ASSOCIATES,L.L.C. at Holland and Princess Anne Roads: (DISTRICT 7—PRINCESS ANNE) a. MODIFICATION of Conditions for a Change of Zoning District Classification approved by City Council on May 25, 1999 b. Change of Zoning District Classification from Conditional R-10 Residential District with Historic and Cultural District Overlay to Conditional R-10 Residential District with a PD-H2 Planned Unit Development District Overlay and with Historic and Cultural District Overlay RECOMMENDATION: APPROVAL 7. Application of ALCAR, L.L.C. for a Change of Zoning District Classification from A- 12 Apartment District and R-51:1 Residential Duplex District to Conditional A-18 Apartment District at Bonney Road and Windbrooke Lane. (DISTRICT 2 —KEMPSVILLE) RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH Ordinances re Laskin Road Gateway: a. AMEND §102 of the City Zoning Ordinance (CZO) re establishing the Laskin Road Gateway Overlay within the RT-3 Resort Tourist District b. ESTABLISH use regulations, dimensional requirements, sign regulations, off- street parking regulations and density restrictions in the RT-3 (LAG)Laskin Road Gateway Overlay District c. AMEND the official zoning map by ADDING of the Laskin Road Gateway Overlay District within the RT-3 District(zoning map) d. AMEND the Comprehensive Plan to include the Laskin Road Gateway Design Guidelines RECOMMENDATION: APPROVAL K. APPOINTMENTS DEVELOPMENT AUTHORITY HEALTH SERVICES BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNAMENT as:x++•+++*r:xssx If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired,call: TDD only 427-4305 (TDD-Telephonic Device for the Deaf) Agenda 08/10/04Asb www.vbgov.corn , yLi9 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 10, 2004 Mayor Meyera K Oberndorf called to order the City Manager's Briefing re the CORPS OF ENGINEERS' LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY in the Council Conference Room, City Hall, on Tuesday, August 10, 2004, at 2.30 P.M Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera K Oberndorf Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Entered: Closed Session, 3:45 P.M.] - 2- MAYOR'S COMMENTS ITEM#52847 Mayor Oberndorf advised Robert and Kelly Webb have requested the City Council members sponsor their son for his Bowl-A-Thon. Their son is very active with the People First of Virginia Beach and now is successfully working with the School system. The funds will allow his travel and participation in the Special Olympics. August 10, 2004 - 3- CITY MANAGER 'S BRIEFING CORPS OF ENGINEERS'LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY 2:30 P.M. ITEM#52848 E. Dean Block, Director of Public Works, advised the Planning and Public Works Departments, with the assistance of the City Attorney, have been working with the U.S. Army Corps of Engineers to develop a feasibility study for a long range analysis of the Lynnhaven River with potential funding for projects from the Federal Government. Mr. Block extended appreciation to Clay Bernick,Environmental Management- Planning, and Bill Johnston, Engineering-Public Works, for their dedicated efforts in the preparation of the Study and working with the Corps of Engineers. Mr. Bernick being on vacation, Bill Johnston will presented the information to City Council. Mr. Johnston, Engineering-Public Works, referenced the short term and longer term Lynnhaven River Watershed Restoration Strategy. Short Term City, Corps and Lynnhaven 2007 Work on cleanest areas first Edible Oysters by 2007 Targeted Water Quality Improvement Projects for Broad and Linkhorn Bays* Demonstration Projects in Eastern and Western Branches U.S. Army Corps of Engineers continuing Authority projects (CAP) and Oyster Restoration** Watershed Management Plan-Planning Department is preparing an in-depth plan. *Three(3) water quality treatment devices have been installed in neighborhoods(Brighton on the Bay and the Reserve) **CAP entails projects as beneficial use of dredged material Mr. Johnston advised the staff is looking for sources of illegal discharges with an inexpensive testing method(optical brighteners). Clothes washing water, which is related to sewerage in the system, contains optical brighteners. This testing will indicate whether illicit discharges arepresent and if there are leaks into the stormwater system, Long Term City, Corps and Lynnhaven 2007 are partners Comprehensive Corp Watershed Study to understand existing conditions(study entails approximately five(5)years) Develop and implement Environmental Restoration Project priorities Removal from Impaired Waters list of the Lynnhaven Achieve and sustain high quality Watershed* *City Council has made the Watershed a high priority. August 10, 2004 -4- CITY MANAGER 'S BRIEFING CORPS OF ENGINEERS'LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY ITEM#52848(Continued) Scope of Corps Restoration Study Support identified long term Restoration project priorities — Water Quality — Wetland Restoration —Submerged Aquatic Vegetation Restoration —Siltation —Benthic Environment(Oysters, Habitat) Technical Reports/Investigations —Document existing conditions —Hydrodynamic Model* — Watershed Computer Simulation Model-generate accurate estimates of runoff and how the Basin performs over a yearly cycle with normal rainfalls —Currents, Tides, Water Quality, Circulation — Test effectiveness of Restoration options The Lynnhaven is a very complex system and does not flush itself with every tide. There are dead areas where different types of water quality projects will work better than others. This Hydrodynamic Model will assist identifying these areas. Cost and Schedule Estimated Total Cost-$3,000,000 over five(5) years 50/50 split Federal/City City Obligation - $1,500,000 over five(5)years (Cash and In-kind) Average$300,000 annually The U.S. Army Corps of Engineers has appropriated approximately$456,000. Whatever the City matches can be expended on the Lynnhaven. If not matched, the funds remaining can be allocated to some other project. These funds could even go completely out of the area. With the War and siphoning off offunds, all agencies are scrambling for dollars. These funds could even go to the West Coast. Benefits Blueprint for Long Term Improvements Eligibility for Design Funds (50/50 split) Eligibility for Construction Funds(65/35 split). The U.S. Army Corps of Engineers covers 65%of the cost. Assistance in meeting Total Maximum Daily Load(TMDL) requirements* Environmental documentation for future Environmental Restoration Permits and Projects Accepted foundation of information by all stakeholders August 10, 2004 - 5- CITY MANAGER 'S BRIEFING CORPS OF ENGINEERS'LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY ITEM#52848(Continued) 'The City is currently establishing a TMDL for fecal chloroform. Through the Clean Water Act, the Environmental Protection Administration and the Department of Environmental Quality are requiring limitations of discharges into the various water basins. Current Status of Corps Restoration Study Scope has been finalized Cost of study reduced from $6,000,000 to $3,000,000 Cost Participation Agreement has been developed and is being finalized Funding source has been identified-Storm Water Utility Fund There are sufficient funds in reserve from the Storm Water Utility. Recommendations City should partner with the U.S.Army Corps of Engineers when agreement is finalized for Restoration Study Action of City Council Authorize City Manager to execute Federal Cost Share Agreement Appropriate First Year Funding($450,000) Mr. Block advised the funds for the first year would be through retained earnings($450,000) in the Storm Water Utility, which are not currently programmed for other projects. The other years would have to be addressed through the Capital Improvement Program (CIP) and the Resource Management Process (Budget). Mr. Johnston advised relative Continuing Authority Project (CAP), areas in the Narrows have been identified for restoration. The Windsor Channel is not in good shape and the City has indicated to the U.S. Army Corps of Engineers this be reviewed as well as restoration of the natural aquatic species as a projects under the CAP program.Phragmites have chocked out the native vegetation.In areas such as Browns Cove, removal of sediments is being reviewed. Mr. Block advised on Friday, August 6, 2004, a Round Table was sponsored at Hampton Roadv Planning District Commission (HRPDC) involving a large number of departments from the City, engineering and consulting firms as well as state agencies. The purpose of the discussion was to identify issues, brainstorm "short and long term"solutions and strategies.Over a two-yew-period,$1-MILLIONhas been appropriated toward the Lynnhaven 2007.As these funds are not sufficient to address the issue, the goal is to identify the potential projects. Mr. Block advised the vast majority of funding now and for the foreseeable future will he relative the maintenance of the existing storm water system and the management of water quantity. Mr. Block advised the staff is still evaluating the worst flooding problems experienced in this last set of storms. Mr. Block advised there were a series of rains which saturated the soil and then more rain after that resulted in 100% runoff The older neighborhoods have been the main focus. If possible, changes in the maintenance techniques have been made. Improvement has been done on the large ditches. August 10, 2004 - 6- CITY MANAGER 'S BRIEFING CORPS OF ENGINEERS'LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY ITEM#52848(Continued) Mr.Johnston advised a project has been identified on Baker Road, although not in this year's funding. The staff has been dealing with a gentleman in the town homes off Baxter Road who has experienced considerable flooding problems. The lines have been washed out on several occasions. BY CONSENSUS, the necessary documentation shall be scheduled for City Council's consideration to execute the Federal Cost Share Agreement and appropriate first year funding. August 10, 2004 _ 7- COUNCIL LIAISON REPORTS 3:10 P.M. ITEM#52849 Mayor Oberndorf referenced the Virginian-Pilot news article concerning the School Board Hearing on Monday,August 9,2004,re potential sites for a new middle school in 2008. School officials announced last month the four(4)remaining choices for a new Virginia Beach Middle School. The article stated Committee Members hope to name their top choice at their August 25`h meeting. The School Board is expected to vote on the property at their September 21, 2004 meeting. Vice Mayor Louis K Jones and Councilman Maddox are Liaisons to the School Site Selection Committee. Councilman Maddox read the article and believed it correct. The staff is reviewing other options for a middle school site and did not believe it appropriate to discuss. The time lines referenced in the article were indicative if the City chooses the site near Red Wing Lake Golf Course. ITEM#52850 Council Members Schmidt and Wood,Liaisons to the Town Center, distributed a written report, which is hereby made a part of the record: Block Tenants Estimated Completion/Opening 3 Cheesecake Factory&Restaurant August 29, 2004 Keegan's Irish Pub&Restaurant December 2004 Remainder of Block 3 October 2004 4 Stanley Adams Stationery October 2009 5 TownBank August 2004 8 Bravo Restaurant November 2004 Ann Taylor Loft(tentative) November 2004 Funny Bone October 2004 Ruth's Chris Steakhouse February 2005 Town Center Plaza October 2004 10 Cosmopolitan (841 Luxury Apartments) January 2006 850 Space Public Parking Garage January 2006 46,000sf Street Level Retain January 2006 12 Gorden Biersch Brewery&Restaurant(tentative) Councilman Wood advised there will be other announcements of other significant national non-restaurant tenants by the end of the year. Because the restaurant business is so profitable at this location, restaurants wish to locate. The restaurants here outperform their other chain restaurants. The retailers are catching on to this concept. The City Manager advised, other than about 5,000 square feet, the office tower is fully leased. Mayor Oberndorf advised the Shopping Center Magazine referenced the price of gasoline is increasing even further and any opportunity for those interested in locating retail facilities at Town Center within walking distance of neighborhoods will function profitably, no matter how unstable the economy. August 10, 2009 - 8- COUNCIL LIAISON REPORTS ITEM#52851 Councilman Villanueva referenced the Minority Business Council meeting on Wednesday,August 11,2004. Edward L.Hamm, Past Member-Minority Business Council,spearheaded as well as paid for, a portion of the Disparity Study conducted for the Commonwealth of Virginia. Councilman Villanueva advised recommendations of the City Council Retreat relative the Minority Business Initiative and having Mr. Hamm conduct a presentation of this Disparity Study will be discussed. ITEM#52852 Councilman Schmidt referenced previous discussions relative the Groups Homes utilizing the Buffington property. There are issues re the historical aspect and the potential impact these two buildings might have. Parks and Recreation has offered a twelve(12)acre site on West Neck Road, around the corner below the Municipal Center, located on the back end of the Buffington property and this site could serve as a "green field" site. This project can be accommodated and there is potential for growth as the needs in the community are important to be addressed.Potential legal issues and other difficulties will be avoided. Thus, the grant applications can be processed and these two (2) homes can be built to serve the citizens. Councilman Schmidt applauded the City Manager, City Attorney and staff who brought this situation to reality. ITEM#52853 Council Members Villanueva and Wilson,Liaisons for Legislative Coordination,advised two(2)Community Legislative meetings were scheduled in August:August 4'h and August 18th at the Pavilion Board Room. Mayor Oberndorfadvised because ofa conflict,the Annual Legislative Reception for the General Assembly Delegation, Virginia Beach City Council and theSchool Board has been changed to Wednesday,November 17, 2004,from 6:30 p.m. to 9:00 p.m. at the Town Center City Club, 222 Central Park Avenue, Suite 230. Mayor Oberndorf referenced the comprehensive requests of the Council of Civic Organizations (CCO). ITEM#52854 Councilman Villanueva advised the Task Force to study the implementation of a Biennial City Budget will meet next Wednesday,August 18, 2004, to finalize their recommendations. Council Members Villanueva, Schmidt and Wood are members of this Task Force. Mayor Oberndorf suggested the Task Force request staff to advise if there is a difference in funding allocations between counties and cities i.e. Chesterfield County and Virginia Beach. ITEM#52855 Council Members Wilson and Wood, advised a written report relative City/School Consolidation shall be presented to City Council next month. August 10, 2004 COUNCIL LIAISON REPORTS ITEM#52856 Mayor Oberndorf referenced the JAMESTOWN/VIRGINIA BEACH 1607-2007 ANNIVERSARY discussion during the City Council Goal Setting Retreat August 5"and 0,2004.Mayor Oberndorf spoke with Mac Rawls, Steering Committee Chair. Mayor Oberndorf referenced the costs involved with the loan of the Magna Carta to be displayed in Virginia Beach.Mayor Oberndorf will work with the City Manager and staff as this might be an opportunity the City cannot afford. ITEM#52857 Councilman Schmidt, Liaison to the Performing Arts Theatre, advised the City Council is still committed to the Theatre at Town Center. August 10, 2004 - 10- CITY COUNCIL COMMENTS ITEM#52858 Mayor Oberndorfextendedappreciation to Cindy Curtis,Director-Parks and Recreationjoradvising today that the reason the City Seal has not as yet been replaced on the side of Mount Trashmore is concrete is necessary to anchor the City Seal. The concrete would not set in this inclement weather. By October, the rest of the City Seal should be in place. The delay is the result of ordering the concrete and then not being able to pour it. ITEM#52859 Council Lady Wilson advised Cindy Curtis and Barry Frankenfteld, Parks and Recreation, have been coordinating with a citizens group to develop a "disc golf course" at Munden Point Park Council Lady Wilson has received many compliments relative their efforts. August 10, 2004 - II - AGENDA REVIEW SESSION 3:25 P.M. ITEM#52860 L 1 Ordinance to AMEND and REORDAIN City Code§23-38 re destruction ofproperty by any one who is not the owner. The City Attorney advised Section§23-38 of the City Code currently classifies the unlawful destruction of property as a Class 1 misdemeanor.State law provides that unintentional acts, which damage property,are punishable as Class 3 misdemeanors. The City Code has not been updated to match the State Code. There are two levels of damaging or defacing property: (1) without the intent to steal and (2) damaging and defacing with some intent to steal, but less than $1,000 in value. ITEM#52861 L7. Resolution to AUTHORIZE the City Manager to dispose of certain property, previously tin kart given to the City, and return the blue glass crystal collection to the Estate of Irving Kline. Mayor Oberndorf advised the blue glass crystal collection was a gift to the City, not on loan. Mayor Oberndorf advised a representative of the Kline family has stated they wished the collection returned to the family. Councilman Schmidt advised Richard Kline had indicated his desire for the collection. There is not an appropriate place to display this collection in the new Convention Center. ITEM#52862 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION 11 Ordinance to AMEND and REORDAIN City Code§23-38 re destruction ofproperty by any one who is not the owner. L2. Ordinance to AMEND §35-64 of the City Code re Real Estate Tax exemption, deferral or freeze for elderly or disabled persons by revising eligibility criteria to conform with state law changes. L3. Ordinance to EXTEND the term of the Memorandum of Understanding(MOU) between the City and Lynnhaven River 2007 re improvement of water quality, restoration and preservation of the estuary habitats in the River. 14. Ordinance to AUTHORIZE the City Manager to execute a Deed ofRelease and Exchange re an Agricultural Lands Preservation Easement(ARP)on property owned by Charles W.and Arlene C. Lewis,Jr. August 10, 2004 -12- AGENDA REVIEW SESSION ITEM#52862(Continued) 15. Ordinance to AUTHORIZE a temporary encroachment to construct and maintain an irrigation pipe and sleeve into a portion of the City's right-of-way at Holly Road by PRINCESS ANNE COUNTRY CLUB. 16. Ordinance to ACCEPT $19,894 from the U.S. Department of Justice and APPROPRIATE$19,285 to the Police Department plus$609 to the Sheriffs Department re the purchase of bullet proof vests. L7. Resolution to AUTHORIZE the City Manager to dispose of certain property,previously given to the City, and return the blue glass crystal collection to the Estate of Irving Kline. Council Lady McClanan will vote NAY on Item 14.Deed of Release and Exchange(Charles W.and Arlene C.Lewis,Jr.) August 10, 2004 - 13 - AGENDA REVIEW SESSION ITEM ft 52863 J.1. Application of the VIRGINIA BEACH DEPARTMENT OF PARKS and RECREATION for a Variance to§5B of the Site Plan Ordinance re improvements to the existing golf course at Red Wing Lake to extend water and sewer utilities to the site, construct new irrigation systems, new greens complexes, renovate cart path and improve the maintenance facilities at 1080 Prosperity Road. (DISTRICT 6—BEACH) Councilman Diezel advised meeting with Michael J Fentress, Parks and Recreation Commission (Bayside representative), and reviewing the development plans for Red Wing golf course. There appeared to be only slight tree removal. The golf course needs to be redesigned to correct a variety of problems with drainage and flooding during minor storm events. Mr. Fentress has an extensive background in this type of construction. ITEM#52864 J.3. Application of CHECKERED FLAG MOTOR COMPANY for a Conditional Use Permit for bulk storage (vehicles) at 3177 Virginia Beach Boulevard. (DISTRICT 3—ROSE HALL) Karen Lasley, Zoning Administrator, distributed a new Disclosure Statement, as the one contained in City Council's agenda was not complete. ITEM#52865 17. Application of ALCAR, L.L.C.for a Change of Zoning District Classification from A-12 Apartment District and R-SD Residential Duplex District to Conditional A-18 Apartment District at Bonney Road and Windbrooke Lane, (DISTRICT 2-KEMPSVILLE) Council Lady Wilson DISCLOSED that previouslyALCAR,L.L.C.was a client of Goodman and Company, her husband's accounting firm. Goodman and Company no longer provides services to ALCAR, L.L.C. Vice Mayor Jones DISCLOSED and will ABSTAIN as he has an ownership interest in Resource Bank, which exceeds three percent of its total equity. ALCAR, L.L.C. is now a customer of Resource Bank Council Lady McClanan will vote NAY on this item. August 10, 2004 - 14- AGENDA REVIEW SESSION ITEM it 52866 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING J.1. Application of the VIRGINIA BEACH DEPARTMENT OF PARKS and RECREATION for a Variance to§5B of the Site Plan Ordinance re improvements to the existing golf course at Red Wing Lake to extend water and sewer utilities to the site, construct new irrigation systems, new greens complexes, renovate cart path and improve the maintenance facilities at 1080 Prosperity Road. (DISTRICT 6—BEACH) J.2. Application of MARRILYN L. DAVIS for a Conditional Use Permit for a home occupation (daycare) at 1432 Glenwood Links Lane (DISTRICT 1—CENTERVILLE) J.3. Application of CHECKERED FLAG MOTOR COMPANY for a Conditional Use Permit for bulk storage (vehicles) at 3177 Virginia Beach Boulevard. (DISTRICT 3—ROSE HALL) J.4. Application of NORTH LANDING DEVELOPMENT,L.L.C. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional I-I and 1-2 Industrial Districts with P-1 Preservation District to accommodate manufacturing and warehouse uses on the west side of Holland Road, south of Shipps Corner Road. (DISTRICT 3 — ROSE HALL) J.6. Applications ofHIGHCOURTASSOCIA TES,L.L.C.at Holland and Princess Anne Roads: (DISTRICT 7—PRINCESS ANNE) a. MODIFICATION of Conditions for a Change of Zoning District Classification approved by City Council on May 25, 1999 b. Change of Zoning District Classification from Conditional R-10 Residential District with Historic and Cultural District Overlay to Conditional R-10 Residential District with a PD-H2 Planned Unit Development District Overlay and with Historic and Cultural District Overlay August 10, 2004 - 15- AGENDA REVIEW SESSION ITEM ft 52866(Continued) J7. Application of ALCAR,L.L.C.for a Change of Zoning District Classification from A-12 Apartment District and R-5D Residential Duplex District to Conditional A-18 Apartment District at Bonney Road and Windbrooke Lane. (DISTRICT 2-KEMPSVILLE) 18. CITY OF VIRGINIA BEACH Ordinances re Laskin Road Gateway: a. AMEND §102 of the City Zoning Ordinance(CZO) re establishing the Laskin Road Gateway Overlay within the RT-3 Resort Tourist District b. ESTABLISH use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District c. AMEND the official zoning map by ADDING the Laskin Road Gateway Overlay District within the RT-3 District(zoning map) d. AMEND the Comprehensive Plan to include the Laskin Road Gateway Design Guidelines Vice Mayor Jones will ABSTAIN on Item.1.7(ALCAR) Council Lady McClanan will vote a VERBAL NAY on Item J7(ALCAR) Council Lady McClanan will vote a VERBAL NAY on Item J8(Laskin Road Gateway) August 10, 2004 - 16- ITEM#52867 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion,performance,demotion,salaries,disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A) (1). Appointments: To Wit:Appointments:Boards and Commissions: Agricultural Advisory Committee Development Authority Health Services Advisory Board Old Beach Master Plan Advisory Committee Open Space Advisory Committee Parks and Recreation Commission Public Library Board Review and Allocation Committee(COG) Social Services Board Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly-held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property: Princess Anne District PUBLIC CONTRACT:Discussion or consideration bya responsible public entity or an affected localjurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excluded from this chapter pursuant to Section 2.2-3705(A)(56) AND Discussion of the award of a public contract involving the expenditure of public funds;and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negoliatingstrategy of the public body. Acquisition/Disposition of Property: Princess Anne District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Newlight Associates, Inc. v. City of Virginia Beach, et al Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION(3:45 P.M.). August 10. 2004 _ 1g_ FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 70, 2004 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 10, 2004, at 6.00 P.M. Council Members Present: Harry E.Diezel, Robert M.Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Lt. Commander Timothy J. Oswald Chaplain, Oceana Naval Air Station Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing any matters in which she might have an actual or potential conflict.If during her review she identifies any matters,she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofJanuary 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year,Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose ofident fring any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes the disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. August 10, 2004 _ 1y_ Item VI-E.I. CERTIFICAHON OF CLOSED SESSION ITEM#52868 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E.Diezel,Robert M Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 StNt�BEgry F U '7'E 3 ,.: RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS:The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#52867, page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A)of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member'slmowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b)only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges S ith,MMC City Clerk August 10, 2004 - 20- Item VI-F1. MINUTES ITEM#52869 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of July 13,2004. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A.Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 -21 - Item v/-al. ITEM#52870 Mayor Meyera E. Oberndorf introduced the following Boy Scout in attendance to earn his Communications Merit badge. Boy Scout Troop 777 Patrick Weeks 6h Grade- Great Neck Middle School Patrick was accompanied by his mother and stayed for the duration of the City Council Session. Mayor Oberndorf and Members of City Council recognized Patrick again at the end of the proceeding. August 10, 2004 -22- Item VI-G.2. ADOPT AGENDA FOR FORMAL SESSION ITEM#52871 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 10, 2004 - 23- Item VI-I. ORDINANCES/RESOLUTION ITEM#52872 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED in ONE MOTION Ordinances/Resolution 12, 34, 5, 6 and 7 of the CONSENT AGENDA. Voting: 11-0(By Consent) Council Members Voting Aye: Harry E. Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None CouncilLady McClanan voted a VERBAL NAY on Item 1.4.(Deed of Release/Exchange ARP Easement (Charles W. and Arlene C.Lewis, Jr.) August 10, 2004 - 24- Item VI-Ll. ORDINANCES/RESOLUTION ITEM#52873 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AMEND and REORDAIN City Code §23-38 re destruction of property by any one who is not the owner. Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 ORD-2835 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE SECTION 23-38 PERTAINING TO DESTRUCTION OF PROPERTY SECTION AMENDED: § 23-38 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-38 of the City Code is hereby amended and reordained, to read as follows: Sec. 23-38 . Damaging, defacing, etc. , property generally. a) If any person, unlawfully but not feloniously, takes, nrrics away, destroys, defaces, or injurca damages or removes without the intent to steal any property, real or personal, not his own, he shall be guilty of a Class - 3 misdemeanor. b) If any person intentionally causes such injury, he shall be guilty of a Class 1 misdemeanor if the value of or damage to the property is less than $1, 000 . 00 . The amount of loss caused by the destruction, defacing, damage or removal of such property may be established by proof of fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10TH day of August 2004 . 1 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: _digit .0- Polic/ / City A torneN's • ice CA-9299 H: \PA\GG\ORDRES\PROPOSED\23-38 ORD.DOC R2 - June 10, 2004 2 - 25- Item VI-L2. ORDINANCES/RESOLUTION ITEM#52874 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AMEND§35-64 of the City Code re Real Estate Tax exemption, deferral or freeze for elderly or disabled persons by revising eligibility criteria to conform with state law changes Voting. 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 ORD- 2836 1 AN ORDINANCE TO AMEND CITY CODE PERTAINING 2 TO REAL ESTATE TAX EXEMPTION, DEFERRAL OR 3 FREEZE FOR ELDERLY OR DISABLED PERSONS BY 4 REVISING ELIGIBILITY CRITERIA TO CONFORM WITH 5 STATE LAW CHANGES 6 7 SECTION AMENDED: § 35-64 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 35-64 of the City Code is hereby amended and 14 reordained, to read as follows: 15 Sec. 35-64. General prerequisites to grant; effect of residency in 16 hospital, nursing home, etc. 17 18 (a) Either the exemption, deferral or freeze, but not more than 19 one (1) , as provided for in this division shall be granted to 20 persons subject to the following provisions : 21 22 (5) For the tax exemption programs, the net combined financial 23 worth, including equitable interests, as of December thirty-first 24 of the year immediately preceding the taxable year, of the 25 owners, and of the spouse of any owner, excluding the value of 26 the dwelling and the land (not exceeding one acre ten acres) upon 27 which it is situated, shall not exceed one hundred forty-seven 28 thousand four hundred dollars ($147, 400 . 00) . 29 (6) For the tax freeze program, the net combined financial 30 worth, including equitable interests, as of December thirty-first 31 of the year immediately preceding the taxable year, of the 32 owners, and of the spouse of any owner, excluding the value of 33 the dwelling and the land (not exceeding one acre ten acres) 34 upon which it is situated, shall not exceed one hundred forty- 35 seven thousand four hundred dollars ($147, 400. 00) . 36 (7 ) For the tax deferral program, the total combined income 37 received from all sources during the preceding calendar year by: 38 (i) the owner or owners of the dwelling who use it as their 39 principal residence and (ii) the owner ' s or owners ' relatives who 40 live in the dwelling, shall not exceed fifty-two thousand dollars 41 ($52, 000 . 00) provided that the first eight thousand five hundred 42 dollars ($8, 500 . 00) of income each relative, other than a spouse 43 of the owner, who is living in the dwelling, shall not be 44 included in such total; and provided further that the first seven 45 thousand five hundred dollars ($7, 500 . 00) or any portion thereof 46 of income received by a permanently and totally disabled owner 47 shall not be included in such total . 48 (8) For the tax deferral program, the net combined financial 49 worth, including equitable interests, as of December thirty-first 50 of the year immediately preceding the taxable year, of the 51 owners, and of the spouse of any owner, excluding the value of 52 the dwelling and the land (not exceeding one acre ten acres) upon 53 which it is situated, shall not exceed one hundred ninety-five 54 thousand dollars ($195, 000 . 00) . 55 ( 9) The dwelling is occupied. 2 56 . . 57 58 59 Adopted by the City Council of the City of Virginia Beach, 60 Virginia, on this 10th day of August, 2004 . 3 -26- Item VI-L3. ORDINANCES/RESOLUTION ITEM#52875 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to EXTEND the term of the Memorandum of Understanding(MOU) between the City and Lynnhaven River 2007 re improvement of water quality, restoration and preservation of the estuary habitats in the River Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel,Robert Al.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 ORDINANCE NO. 1 AN ORDINANCE TO APPROVE THE 2 EXTENSION OF THE TERM OF THE 3 MEMORANDUM OF UNDERSTANDING 4 BETWEEN THE CITY AND LYNNHA VEN RIVER 5 2007 TO AUGUST 31, 2005 6 WHEREAS, on September 2, 2003, the City Council adopted an ordinance 7 authorizing the City Manager to enter into a Memorandum of Understanding ("MOU") with 8 Lynnhaven River 2007("LR 2007")for the purpose of supporting and enhancing the City's existing 9 programs and other future programs, services, facilities and technology as they relate to the 10 improvement of water quality and the restoration and preservation of the estuary habitats in the 11 Lynnhaven River(the "Lynnhaven River 2007 Project"); 12 WHEREAS,the City recognizes and acknowledges that its association with LR 2007 13 has been beneficial to the City's interests in the enhancement, restoration and preservation of the 14 estuary habitats in the Lynnhaven River; 15 WHEREAS,the term of the MOU will expire on August 31, 2004,and the approval 16 of City Council is required to extend the term thereof; and 17 WHEREAS, the City and LR2007 wish to assure the continuing success of the 18 Lynnhaven River 2007 Project by extending the term of the MOU for an additional year expiring on 19 August 31, 2005. 20 NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 1. That the Memorandum of Understanding between the City and LR20O7 is 23 hereby extended for an additional one-year term expiring August 31, 2005. 24 2. That all other terms and conditions of the Memorandum of Understanding 25 shall remain in full force and effect, except that (i) the due dates for the semi-annual installments 26 required to be paid by LR2O07 shall be December 1,2004 and June 1,2005, and(ii) the amount of 27 the semi-annual installments shall be $15,000 each for a total sum of$30,000. 28 Adopted by the Council of the City of Virginia Beach, Virginia,on the 1 0th day of 29 August , 2004. CA-9323 F:\Uscrs\V Valldei\W P\BZA\LR2007.ord2.wpd R-1 07/13/04 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: dipoki‘ Depavfinent o' s& City Attorney's Office i Recreation 2 - 27- Item VI-L4. ORDINANCES/RESOLUTION ITEM#52876 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an Agricultural Lands Preservation Easement (ARP) on property owned by Charles W. and Arlene C. Lewis,Jr. Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M Dyer, Vice Mayor Louis R.Jones,Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None August 10, 2004 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A DEED OF RELEASE 3 AND EXCHANGE PERTAINING TO AN AGRICULTURAL 4 LANDS PRESERVATION EASEMENT LOCATED ON LAND 5 OF CHARLES W. LEWIS, JR. AND ARLENE C. LEWIS 6 7 WHEREAS, on December 19, 2001, the City of Virginia Beach 8 (hereinafter "the City") and Charles W. Lewis, Jr. and Arlene C. 9 Lewis (hereinafter "Lewis" ) entered into Installment Purchase 10 Agreement Number 2001-37, whereby the City acquired an 11 Agricultural Lands Preservation Easement (hereinafter 12 "Preservation Easement" ) upon certain property owned by Lewis; 13 and 14 WHEREAS, as part of the aforesaid transaction, Lewis 15 reserved for future development two building sites having a 16 combined area of 6 . 0 acres, more or less, such that the 17 Preservation Easement does not encumber the area reserved for 18 future development ; and 19 WHEREAS, Lewis desires to exchange an area of land not 20 encumbered by the Preservation Easement for an equal area of 21 land which is to be encumbered by the Preservation Easement, as 22 shown on the attached "Preliminary Subdivision of Property of 23 Charles W. Lewis, Jr. & Arlene C. Lewis, " dated October 27, 2003 24 and prepared by Gallup Surveyors & Engineers, Ltd. ; and 25 WHEREAS, pursuant to Section 11 of the Agricultural Lands 26 Preservation Ordinance (hereinafter "Ordinance" ) , a landowner 27 may petition the City Council for the extinguishment of a 28 Preservation Easement in exchange for the conveyance to the City 29 of a Preservation Easement on a different portion of the 30 landowner' s property, under certain conditions set forth in the 31 Ordinance; and 32 WHEREAS, the Ordinance provides that the City Council shall 33 approve such an exchange if it makes certain findings enumerated 34 in the Ordinance; and 35 WHEREAS, the City Council does hereby make such findings, 36 to-wit : 37 (1) the acquisition of the proposed Preservation 38 Easement in lieu of the existing Preservation Easement does 39 not adversely affect the City' s interests in accomplishing 40 the purposes of the Ordinance; 41 (2) the proposed Preservation Easement area meets all 42 of the eligibility requirements set forth in Section 7 of 43 the Ordinance; 44 (3) the land to be encumbered by the proposed 45 Preservation Easement is of at least equal fair market 46 value, is of greater value as permanent open space, and of 47 as nearly as feasible equivalent usefulness and location 48 for use as permanent open-space land as the property on 49 which the existing Preservation Easement is located; and 2 50 (4) the consideration for the acquisition of the new 51 Preservation Easement consists solely of the extinguishment 52 of the existing Preservation Easement . 53 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 54 CITY OF VIRGINIA BEACH: 55 That subject to the determination of the City Attorney that 56 there are no defects in title to the property to be placed under 57 the Preservation Easement or other restrictions or encumbrances 58 thereon which may, in the opinion of the City Attorney, 59 adversely affect the City' s interests, the City Manager be, and 60 hereby is, authorized and directed to execute a Deed of Release 61 and Exchange pursuant to which the City releases the existing 62 Preservation Easement on a portion of the property, as shown on 63 the aforesaid preliminary subdivision plat, and acquires, in 64 exchange therefore, land equal in area to be placed under the 65 Preservation Easement, as shown on such preliminary subdivision 66 plat . 67 68 Adopted by the City Council of the City of Virginia Beach, 69 Virginia, on this 10thday of August , 2004 . 70 CA-9262 71 OID\ordres\ARP\Lewisexchangeordin.doc 72 July 28, 2004 73 R-1 74 75 76 3 77 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 78 79 era XCUINg /11, -4e) 80 Agric lture Dept . City Attorney' s Office 4 p o 0 EA":e ■� � � •; / \ § ! ; : ' F� / § � / 111 - _ - , . km 4 659.93 i 5i. ` _/ 11 , p � � emu,- ~ — \ " IT � \ ` E `� � L. |# \ _. z, y § _ k \ �` 2 - � \ �.�\� 82 n da Ei . , y ' " 13 / rig { 60100 DO a E § k ` | ; | y \ R E1' ` r.� / ` /2 \\`0 co . \ Ea ( g g5 ; - ) i » / I ! �� , - 28- Item VI-I.5. ORDINANCES/RESOLUTION ITEM#52877 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment to construct and maintain an irrigation pipe and sleeve into a portion of the City's right-of-way at Holly Road by PRINCESS ANNE COUNTRY CLUB. The following conditions shall be required: I. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and,within thirty(30)days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant 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. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan before commencing work. 7. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works,for final approval. August 10, 2004 -29- Item VI-L5. ORDINANCES/RESOLUTION ITEM#52877(Continued) 6. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction. 7. The applicant agrees, that prior to issuance of a right-of-way permit, the grantee must post sureties in accordance with their engineer's cost estimate to the office of Development Services Center/Planning Department. 8. The Grantee shall 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 must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The Grantee must provide endorsements providing at least thirty-days(30)written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities,vested or contingent,with relation to the temporary encroachment. 9. The applicant 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 for the temporary encroachment sealed by a registered professional engineer, if required by either the City Engineer's office or the Engineering Division of Public Utilities. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment;and,pending such removal, the City may charge the applicantfor the use ofsuch portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant;and ifsuch removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that such temporary encroachment is allowed to continue thereafter,-and,shall collect such compensation and penalties in any manner provided by law for the collection of local or sstate taxes. August 10, 2004 -30- Item VI-75. ORDINANCES/RESOLUTION ITEM#52877(Continued) Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT OF WAY 6 LOCATED AT HOLLY ROAD, BY 7 PRINCESS ANNE COUNTRY CLUB, A 8 VIRGINIA CORPORATION, ITS 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 WHEREAS, Princess Anne Country Club, a Virginia corporation, desires to t3 construct and maintain a 6" PVC irrigation pipe and sleeve within the City's right of way 14 located at Holly Road. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's rights of way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Princess Anne Country Club, 22 a Virginia corporation, its assigns and successors in title are authorized to construct and 23 maintain a temporary encroachment for a 6" PVC irrigation pipe and sleeve in the City's 24 right of way as shown on the map entitled: "PRINCESS ANNE COUNTRY CLUB 3800 25 PACIFIC AVENUE VIRGINIA BEACH, VA 23451 6" IRRIGATION PIPE 26 ENCROACHMENT IN HOLLY ROAD RIGHT-OF-WAY" a copy of which is on file in the 27 Department of Public Works and to which reference is made for a more particular 28 description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Princess Anne Country Club, a Virginia corporation, (the 32 "Agreement"), which is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as Princess Anne Country Club, a Virginia corporation, and the City Manager or his 37 authorized designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 1 othday of August , 2004. 40 41 cPP�PROVED AS TO CONTENTS 42 /[D/?U e• t aShv 43GNATURE 44 PLO RM) F1ta 45 DEPARTMENT 46 47 APPROVED AS TO LEGAL 48 S F. i IENCY AND FORM 49 bac:ad 50 CI A e 51 CA9a5A 52 X:1Projects EncroachmentelPrincess Anne Country Club—Irrigation Pipe etc.Linkhom Dr.-RAB\Ordinance.Fnn.doc 2 • 1 ;PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 1158.1-811(c)(3) 11 THIS AGREEMENT, made this 20th day of July, 2004, by and between the 1CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and :PRINCESS ANNE COUNTRY CLUB, A VIRGINIA CORPORATION, ITS ASSIGNS AND 1 11SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: ! i That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of 111 land designated and described as "RESERVED FOR CLUBHOUSE PRINCESS ANNE I ! COUNTRY CLUB C" as shown on that certain plat entitled: "MAP OF LINKHORN PARK I PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. AND ADJACENT PROPERITES", as recorded in Map Book 5, at page 151, 3 of 3, in the Clerks Office of the 1 1 Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 3800 Sea Pines Road, Virginia Beach, Virginia 23451; •11 WHEREAS, it is proposed by the Grantee to constmet and maintain a 6" PVC 11 ,irrigation pipe and sleeve, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as ,.Holly Road "The Encroachment Arca"; and WHEREAS, the Grantee has requested that the City permit a Temporary 1 :Encroachment within The Encroachment Area. GPIN 2418-94-2388 • 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, receipt of which is hereby acknowledged, the City doth grant to the ';Grantee permission to use The Encroachment Area for the purpose of constructing and (maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be (constructed and maintained in accordance with the laws of the Commonwealth of Virginia and ;the City of Virginia Beach, and in accordance with the City's specifications and approval and is snore particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PRINCESS ANNE II COUNTRY CLUB 3800 PACIFIC AVENUE VIRGINIA (I BEACH, VIRGINIA," 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 II !herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The !!Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such li !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 attorneys' fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. • It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of 2 any encroachment other than that specified herein and to the limited extent specified herein, nor I to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain i I the Temporary Encroachment so as not to become unsightly or a hazard. SII It is further expressly understood and agreed that the Grantee must submit and i I ; Ihave approved a traffic control plan before commencing work in The Encroachment Area. I i It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for I exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. � I It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate,to the Office of Development Services Center/Planning Department. I It is further expressly understood and agreed that the Grantee must obtain and I I keep in force all-risk property insurance and general liability or such insurance as is deemed II Inecessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability iI 1 insurance in an amount not less than $500,000.00, combined single limits of such insurance i . , policy or policies. The Grantee will provide endorsements providing at least thirty (30) days 3 - written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for :review and approval, a survey of The Encroachment Area, certified by a registered professional II engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or I the Engineering Division of the 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 thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One i I i I Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 1 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. iI IN WITNESS WHEREOF, the said Princess Anne Country Club, a Virginia II corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Jock R. Wheeler, President. Further, that the City of Virginia Beach has caused this Agreement j 4 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) 1I ATTEST: City Clerk PRINCESS ANNE COUNTRY CLUB, a Vi gmia co to 1111 Jock R. ler, President I li STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me thisAC*1day of � I I n • .tcdc 2004, by , CITY MANAGER/AUTHORIZED ii DESIGNEE OF THE CITY MANAGER. I Notary Public My Commission Expires:\ 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACI I.to-wit: The foregoing instrument was acknowledged before me this day of • , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. • i Notary Public 1 My Commission Expires: 11 1 STATE OF ICITY/C-OUNT-Y OF VL KG,iNtiA &c4Tt-tto-wit: I I _ The foregoing instrument was acknowledged before me this�J*i day of 1 , 2004, by Jock R. Wheeler, President, on behalf of Princess Anne Country Club, a Virginia corporation. //nn A NotaryPublic 1 1.1 My Commission Expires: Ii i i I 11 'I I APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM IGNATURE / A7r 11 Pal &fI r,-;-Tar i'- DEPARTMENT • X:\Projects\Encroachments\Princess Anne Country Club—Irrigation Pipe etc.Linkhorn Dr.-RAB\AgreementFrm.doc 6 ci AJ `•'g 3 �i J U EXHIBI I'A" DC�� mCi oa ly 0.Z)7i1 -0 ' Z p —D;(10 D m _ i y I�: 1a ( Irc( )-Yd .o (3N)nd ni nZ 1 I _ _-- _. pp ao! 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JO 10 NU es'u-1191 o NN55 0 '_ a3z°= <C00-0 IC)77) Al �o WZ EXHIBIT "A" m5OO Z-0 m i=-1 >Q (C/) I I - N D.SO WT (n 0 a) U 0 N o o0 z _ {zw yC) > + 1 -m 0> z 0 I zm =< m 2' 1 O <Z r Dc o X -< N m C o N N A 0) Z 0 ti O a H A DZ o)o O D / O 0 _ Z + N Cr1 pai v) —� i I 1 • s Z d F i X r 73 2 xi 3 (• ] in a7 c� o O xi Z ) 1 CM 1 • A 0ti A C Z Z OAD 30 i < N 1 �� NN OG) 00 - - �5' m as m.= . Da m u, o • N)o <0 j coo 3 � � mom r rmZ Kn 1"------- N) _ N of (Dt a o f • \ OO J W s i I 0 . N o ro C W p y p 3 0 m 3 co ox Z ti m,N o z *G = O0 \. >.Z rG Z \ / m T \ n \ \E 0,N) •-• 0 o < m \ o rr z m x x _ x o 0 1 II a II o n + O co = rn 0 I I o cn -I p > a, N 0 CD O N N Na rr N 0 m _p p N N .! • - t t :,. r 1 • s.:.,.' -cap-- ^'fi .-- '' -!1'rr t` . av .arm __a-.. -�� � --4 • igi- --IN - a'r- RESOLUTION OF THE BOARD OF DIRECTORS OF PRINCESS ANNE COUNTRY CLUB The undersigned, Secretary of Princess Anne Country Club, a Virginia Corporation,certifies that the Board of Directors of said corporation passed a Resolution as follows: WHEREAS, the Board of Directors of Princess Anne Country Club ("PACC") has been presented with the attached proposal relating to the financing (including an assessment of the membership and changes in monthly charges) and construction of a new club house and supporting structures (the "Proposal"); and WHEREAS, at a special meeting of the members entitled to vote (the "Voting Members")held on June 5, 2002, 85% of the Voting Members of PACC who voted approved the Proposal, 12.7% of those who voted opposed the Proposal and 2.3% of those who voted elected to abstain; and WHEREAS, the Board of Directors has determined that the Proposal was approved by a sufficient number of Voting Members who voted in excess of a majority such that moving forward with the Proposal would be in the best interest of PACC; and WHEREAS, PACC will derive substantial benefits, both direct and indirect, from the implementation of the Proposal; and WHEREAS,the Board of Directors of PACC has determined that it is in the best interests of PACC to approve,adopt,and implement the Proposal. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors and officers of PACC and each of them hereby is authorized, empowered and directed in the name and on behalf of PACC to take any action necessary to fully implement the Proposal pursuant to the terms and conditions outlined therein with such modifications thereto as they deem appropriate; and be it further RESOLVED that the President of PACC be, and hereby is, authorized and directed to implement the Proposal as it may be modified from time to time and to enter into any and all documents he or any other officer of PACC may deem necessary in connection therewith, and to take such other actions as he or any other officer of PACC may deem necessary or advisable in order to effectuate the Proposal as it may be modified from time to time; and be it further RESOLVED that the Board of Directors of PACC hereby authorizes and directs the officers of PACC to take any and all actions as they, or any of them, shall deem necessary or advisable to carry out the intent and purpose of the Proposal as it may be modified from time to time; and be it further - 31 - Item VI-I.6. ORDINANCES/RESOLUTION ITEM#52878 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT$19,894 from the US. Department of Justice and APPROPRIATE$19,285 to the Police Department plus $609 to the Sheriff's Department re the purchase of bullet proof vests. Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 1 2 3 AN ORDINANCE TO ACCEPT $19, 894 FROM THE U.S. 4 DEPARTMENT OF JUSTICE AND APPROPRIATE $19, 285 5 TO THE POLICE DEPARTMENT AND $609 TO THE 6 SHERIFF' S DEPARTMENT FOR THE PURCHASE OF 7 BULLET PROOF VESTS 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1 . That $19, 894 is hereby accepted from the U.S . Department 12 of Justice for the purpose of reimbursing the City for 13 the purchase of bulletproof vests, with federal revenue 14 increased accordingly in the FY 2004-05 Operating Budget . 15 2 . That, to pay for additional bulletproof vests, $19, 285 16 is hereby appropriated to the Police Department' s FY 17 2004-05 Operating Budget and $609 to the Sheriff' s 18 Department' s FY 2004-05 Operating Budget . 19 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 70th day of August , 2004 . Requires an affirmative vote by a majority of the members of the City Council . APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY - /� / L Aa Management Services City Attorney' s ffice CA9326 July 29, 2004 R-2 H: \Policy and Administration\Gen Cov\Ords\BPV Ordinance.DOC BVP -Jurisdiction Status Page 1 of 1 1121-0235 Section 6. Status > Current Status > Jurisdiction Current Status one Y /31/2006) (Expires: 10/31/2006) Virginia Beach City, VA This "Status" page shows any pending actions that must be completed prior to program deadlines. It also provides you with payment(s) status for tracking your requests for approved funds. -Red X's indicate your attention is needed in order to complete a task for action. Current Status FY2004 Application Status Application ✓Application approved on 06/08/04 for View Details 09,893.88. Balance Summary Total Amount Awarded $102,769.18 Total Payments Made $82,875.30 Payments on Hold $0.00 Amount Available for Additional Requests $19,893.88 - 32- Item VI-I.7. ORDINANCES/RESOLUTION ITEM#52879 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution to AUTHORIZE the City Manager to dispose of certain property, previously given to the City, and return the blue glass crystal collection to the Estate of Irving Kline. Voting: 11-0(By Consent) Council Members Voting Aye.: Harry K Diezel,Robert Al.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2009 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 DISPOSE OF CERTAIN CITY PROPERTY 3 4 5 WHEREAS, in 1981 Mr. Irving Kline donated a blue glass crystal 6 collection to the City of Virginia Beach; and 7 WHEREAS, the City Manager has reviewed various options for 8 displaying the collection, and has been unsuccessful in finding a 9 suitable location for displaying the collection. 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA; 12 That the City Manager is hereby authorized to dispose of the 13 blue glass crystal collection by returning it to the estate of 14 Irving Kline . 15 16 Adopted by the City Council of the City of Virginia Beach, 17 Virginia, on this 10th day of August , 2004 . APPROVED AS TO CONTENTS : APPROVED AS TO LEGAL SUFFICIENCY: . - ��l�t!'.i;/ �'? ¢a-ti tcz-cam. !-36, d' vention Visitors Bureau City Attorney' Office' CA-9322 OID/ordres/blueglass res .doc R3 - July 30, 2004 -33 - Item VI-J. ITEM#52880 PLANNING J 1. VIRGINIA BEACH DEPARTMENT OF PARKS AND RECREATION VARIANCE J.2. MARILYN L. DAVIS CONDITIONAL USE PERMIT J.3.CHECKERED FLAG MOTOR COMPANY CONDITIONAL USE PERMIT J4.NORTH LANDING DEVELOPMENT,L.LC CONDITIONAL CHANGE OF ZONING J5.PLEASANT RIDGE AUTO PARTS,INC. CONDITIONAL CHANGE OF ZONING MODIFICATION OF CONDITIONS (Conditional Use Permit approved 11/24/98 on behalf of Mr. and Mrs. Philip Wayne Munden,Jr.) J.6. HIGHCOURT ASSOCIATES,L.L.C. MODIFICATION OF CONDITIONS (Change of Zoning approved 5/25/99) CONDITIONAL CHANGE OF ZONING J.7.ALCAR,L.L.C. CONDITIONAL CHANGE OF ZONING J.8. CITY OF VIRGINIA BEACH AMEND§102 CZO establishing Laskin (Laskin Road Gateway) Road Gateway Overlay within the RT-3 ESTABLISH use regulations,dimensional requirements,sign regulations,off-street Parking regulations and density restrictions in the RT-3 AMEND the official zoning map by ADDING Laskin Road Gateway Overlay within the RT-3. AMEND the Comprehensive Plan to include the Laskin Road Gateway Design Guidelines August 10, 2004 - 34- Item VI-J. PLANNING ITEM#52881 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 6, 7 and 8. Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item 17. (ALCAR,L.L.G.) and Item 18. (CITY OF VIRGINIA BEACH, Ordinances re Laskin Road Gateway) Council Lady Wilson DISCLOSED that previously ALCAR,L.L.C.was a client ofGoodman and Company, her husband's accounting firm. Goodman and Company no longer provides services to ALCAR, L.L.C. Vice Mayor Jones DISCLOSED and ABSTAINED re Item J7. (ALCAR,L.L.C.). as he has an ownership interest in Resource Bank, which exceeds three percent of its total equity. ALCAR, L.L.C. has a business relationship with Resource Bank. August 10, 2004 - 35- Item VI-Zl. PLANNING ITEM#52882 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED the application of the VIRGINIA BEACH DEPARTMENT OF PARKS and RECREATION for a Variance to§5B of the Site Plan Ordinance re improvements to the existing golf course at Red Wing Lake to extend water and sewer utilities to the site, construct new irrigation systems, new greens complexes, renovate cart path and improve the maintenance facilities at 1080 Prosperity Road Ordinance upon application ofthe City of Virginia Beach,Department of Parks and Recreation for a Variance to Section SB of the Site Plan Ordinance. Property is located at 1080 Prosperity Road (GPIN 242509557000003). DISTRICT 6-BEACH The following conditions shall be required: 1. The filling operation shall be in conformance with the exhibit entitled "Flood Plain Surface Area Filling Map,Red Wing Lake Golf Course Improvements CIP 4-042"dated July 10, 2004 and on file with the Virginia Beach Planning Department. 2. The stormwater management system shall be installed in conformance with the exhibit entitled "Red Wing Lake Golf Course Proposed Improvements;Capital Improvements Program Project Number: CIP 4-042, Public Works Contract Number: PWCN-4-0144", on file with the Virginia Beach Planning Department. 3. The portion of the site zoned 1-2 Industrial District shall be rezoned to P-1 Preservation District. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th of August, Two Thousand Four Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel, Robert M Dyer, Vice Mayor Louis R.Jones,RebaS. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 - 36- Item VI-J.2. PLANNING ITEM#52883 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application ofMARRIL YNL.DAVIS for a Conditional Use Permit for a home occupation (daycare). ORDINANCE UPON APPLICATION OFMARRILYNL.DAVIS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAYCARE)RO80431184 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Marrilyn L. Davis for a Conditional Use Permit for a home occupation (daycare) on property located at 1432 Glenwood Links Lane(GPIN 14750003850000). DISTRICT I— CENTERVILLE The following conditions shall be required. 1. The family day care shall be limited to a total of ten (10) children during a single 24-hour period. Of the ten(10)children, no more than five(5) may be under the age of two and one half (2-1/2)years old. 2. There shall be no signs anywhere on the property advertising the Family Day Care. 3. Parking for customers and employees shall be met on the site and not on the public street. 4. The applicant shall obtain all necessary permits and inspections required by the Fire Department, Social Services and Permits and Inspections Division of the Planning Department before obtaining a business license. 5. The applicant shall maintain a Family Day Care license with the Commonwealth of Virginia(Social Services).Failure to maintain a Family Day Care license shall result in revocation of the use permit forfamily day care. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia,on the 10th of August, Two Thousand Four August 10, 2004 - 37- Item VI-J.2. PLANNING ITEM#52883(Continued) Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones, Reba S. MeClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 -38- Item VI-J.3. PLANNING ITEM#52884 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit for bulk storage(vehicles): ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE(VEHICLES)R080431185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit for bulk storage(vehicles) on property located at 3177 Virginia Beach Boulevard (GPIN 1497041957). DISTRICT 3—ROSE HALL The following conditions shall he required; 1. Along the western and southern property lines, Category VI landscaping shall be installed where none currently exists. 2. All fencing currently in a state of disrepair shall he replaced with fencing to match that of the existing fence. 3. Parking and/or storage of any motor vehicles on grassed areas shall be prohibited. 4. The storage of motor vehicles on this site shall be limited to five (5)years with an annual administrative review. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th of August, Two Thousand Four Voting: 11-0(By Consent) Council Members Voting Aye: Harry E.Diezel, Robert M Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 - 39- Item VI-J.4. PLANNING ITEM#52885 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of NORTH LANDING DEVELOPMENT,L.L.C.for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF NORTH LANDING DEVELOPMENT L.L.0 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL I-1 AND 1-2 AND P-1 PRESERVATION DISTRICT ZO8041192 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application ofNorthLandingDevelopment,L.L.C.for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional)-1 and 1-2 Industrial Districts and P-1 Preservation District on property located on the west side ofHolland Road, approximately 500 feet south of Shipps Corner Road (GPIN 14950562380000). The Comprehensive Plan designates this area as Strategic Growth Area 11 (West Holland Area), suitable for non- residential uses consistent with the Comprehensive Plan's policiesfar this area. DISTRICT 3—ROSE HALL The following condition shall be required: 1. An agreement encompassing proffers shall he recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th of August, Two Thousand Four Voting: 11-0(By Consent) Council Members Voting Aye: Harry E. Diezel,Robert Al Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 21st day of June, 2004 by and between NORTH LANDING DEVELOPMENT, L.L.C. a Virginia limited liability company (the "Grantor"), the current owner of that certain property located on Holland Road, Northwest of Dam Neck Road in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference(the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as"Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from R5-D to Conditional I-1 and Conditional I-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the 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 subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned I-I and 1-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the GPINNO.: 1495-05-6238-0000 and 1495-05-2285-0000 Zoning Map, in addition to the regulations provided for in the existing I-1 and I-2 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through 2 the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed substantially as shown on the concept plan prepared by Kellam-Gerwitz Engineering, Inc. dated June 1, 2004 titled "Rezoning Exhibit of Parcels 427 & 428 as shown on the plat entitled Boundary Line Survey of Shirley A. Buckner, John Walter Carrington, Viola C. Carrington, et als' (M.B. 152, P.32-233) for North Landing Development Corp." (the "Concept Plan"). Grantor shall have the right to modify the number, configuration, orientation, size, shape, dimension, and location of the parcels, buildings and improvements shown as Units 2 through 9 on the Concept Plan, to accommodate future growth or changes to the Grantor's industrial park development. Any such changes in the Concept Plan shall be in accordance with development ordinances applicable at the time such change is made. 2. When constructed, the building located on Unit 1 shown on the Concept Plan shall be constructed using architectural materials, designs and colors in substantial accordance with the rendering titled "MacAulay Office and Warehouse", prepared by Ivy Architectural Innovations, and on file with the Planning Department. 3. Any common entrance sign serving the industrial park shall be a monument sign, the base of which shall be constructed of materials architecturally compatible with the building constructed on Unit I shown on the Concept Plan. 4. Prior to occupancy of the building to be constructed upon Unit 1 shown on the Concept Plan, landscaping along Holland Road shall be installed in substantial accordance with the landscaping shown on the exhibit titled "Landscaping Exhibit Parcels 427 & 428" as shown on the plat entitled "Boundary Line Survey of Shirley A. Buckner, John Water Carrington, Viola C. Carrington, et als" (M.B. 152,P.32-33) for North Landing Development Corp.", dated June I, 2004,prepared by Kellam Gerwitz, a copy of which is on file with the Planning Department. 5. At the time of development of Unit I shown on the Concept Plan, Grantor shall use its reasonable and best efforts to obtain an agreement with the owner of the property to the north of the Property to install a right-turn lane into the industrial park. 3 6. At the time of development of Unit 9 shown on the Concept Plan, Grantor shall install a landscape buffer, at least twenty-five feet (25') in width along the northern boundary of Unit 9. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing .of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantor and Grantee. 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: NORTH LANDING DEVELOPMENT, L.L.C., a Virginia limited 'ability company By: , Ronald A. Mac Clay COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this' day of June, 2004, by Ronald A. MacAulay, in his capacity as Managing Member of North Landing Development L.L.C., a Virginia limited liability company. He has produced a Virginia Driver's License as identification. My commission expires: /o /31 °y 261852.1 5 EXHIBIT A LEGAL DESCRIPTION The Property subject to the Agreement is shown and designated as "Parcel A", inclusive of Units 1 through 9, inclusive, on the Rezoning Exhibit dated June 1, 2004, titled "Rezoning Exhibit of Parcels 427 & 428 as shown on the plat entitled 'Boundary Line Survey of Shirley A. Buckner, John Walter Carrington, Viola C. Carrington, et als' (MB. 152, P.32-233) for North Landing Development Corp." It is a portion of the following described property: PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 428, as shown on that certain plat entitled "BOUNDARY LINE SURVEY OF SHIRLEY A. BUCKNER, JOHN WALTER CARRINGTON, VIOLA C. CARRINGTON, COBO CORPORATION, FRED JACOBSON AND DORTHY G. JACOBSON, ALLEN J. GORDON, TWELVE HUNDRED SPORTMAN'S CLUB, INC, DAVID W. GATLING, MELVIN T. OWENS AND LEANNA OWENS, THEODORE MORINGS AND THERESA MORINGS, BERTHA MAE PATTERSON, MAGGIE IRENE PARKER, HERBERT LAWRENCE AND BERTHA MAE LAWRENCE, CHARLES A. WILLIS AND HELEN B. WILLIS, LEON T. CARRINGTON AND HELEN B. CARRINGTON, EVELYN JOHNS FRAZIER, FREDERICK E. HOBSON AND ALBERTA D. HOBSON, CHARLES E. HARE, HERMAN JACKSON BUTTS, LEON MORINGS, WILLIAM E. BARCO AND ELLA ELIZABETH BARCO, ADVANCE ASSOCIATES, CECILE HEWITT SAYER AND THE CITY OF VIRGINIA BEACH, PROPERTIES FOR: AREA 3, P-996 RESTRICTIVE EASEMENT FY-81-CONTRACT N 62470-79-C-4244, NAVAL AIR STATION, OCEANA, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, NAVFAC DRAWING NO. 4059372 ABD BOUNDARY LINE SURVEY OF SHIRLEY A. BUCKNER, JOHN WALTER CARRINGTON, VIOLA C. CARRINGTON, COBO CORPORATION, FRED JACOBSON AND DORTHY G. JACOBSON, ALLEN J. GORDON, TWELVE HUNDRED SPORTMAN'S CLUB, INC, DAVID W. GATLING, MELVIN T. OWENS AND LEANNA OWENS, THEODORE MORINGS AND THERESA MORINGS, BERTHA MAE PATTERSON, MAGGIE IRENE PARKER, HERBERT LAWRENCE AND BERTHA MAE LAWRENCE, CHARLES A. WILLIS AND HELEN B. WILLIS, LEON T. CARRINGTON AND HELEN B. CARRINGTON, EVELYN JOHNS FRAZIER, FREDERICK E. HOBSON AND ALBERTA D. HOBSON, CHARLES E. HARE, HERMAN JACKSON BUTTS, LEON MORINGS, WILLIAM E. BARCO AND ELLA ELIZABETH BARCO, ADVANCE ASSOCIATES, CECILE HEWITT SAYER AND THE CITY OF VIRGINIA BEACH, PROPERTIES FOR: ARE 3, P-996 RESTRICTIVE EASEMENT FY-81-CONTRACT N 62470-80-C-3767,NAVAL AIR STATION OCEANA, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, NAVFAC DRAWING NO. 4059410", said plats being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 152, at pages 32 and 33. 6 LESS AND EXCEPT that portion of property acquired by the City of Virginia Beach for road widening purposes and known as "TAKE AREA - .072 acres", as shown on that certain plat entitled, "PLAT SHOWING PROPERTY BEING ACQUIRED FOR HOLLAND ROAD, PHASE IV BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM E.S.G. ENTERPRISES, INC., A VIRGINIA CORPORATION", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2563,Page 121-C. PARCEL 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated (0.685 acres) and (1.904 acres) - Holland Road as shown on that certain plat entitled"SURVEY OF PROPERTY FOR CECILE HEWITT SAWYER (M.B. 6, P. 249), PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, AUGUST 1985, JOHN E. SIRINE AND ASSOCIATES, LTD., SURVEYORS-ENGINEERS- PLANNERS, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2447, at Page 903. LESS AND EXCEPT that portion of property acquired by the City of Virginia Beach for road widening purposes and known as 'TAKE AREA-0.024 ACRES", as shown on that certain plat entitled, "PLAT SHOWING PROPERTY BEING ACQUIRED FOR HOLLAND ROAD, PHASE IV,BY THE CITY OF VIRGINIA BEACH,VIRGINIA FROM E.S.G. ENTERPRISES, INC.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 2557, at Page 603. • 7 - 40- Item VI-J.5. PLANNING ITEM#52886 The following registered in SUPPORT Attorney Edward Bourdon, Pembroke One Building, 5th Floor, Phone: 499-8971, represented Steven and Wanda Simpson, owners of Pleasant Ridge Auto Parts, Inc.,for over 35 years. The property currently occupied only consists of 12,000 square feet of land(1/4 acre of land). Attorney Bourdon distributed a package of information to City Council containing a survey of the properly,petition containing more than 550 signatures and 19 individual letters in support. Said information is hereby made a part of the record. The applicants need to expand to serve their clientele. This entails the relocation and expansion to a 3- acre parcel 390 feet north of the intersection of Princess Anne and West Neck Roads (970 feet south of the existing store). The building proposed is a 100 foot, 1-story metal frame building. The entrance from West Neck has been eliminated with the only entrance being from Princess Anne Road. Moyock and Elizabeth City,North Carolina,and Suffolk, Virginia, are the only other closest NAPA stores. Buzz Harwell, 817 Chigwell Court, Phone: 721-9345, resident of Red Mill Al Henley, 3112 Colechester Road, Phone: 426-6991 William A. Nielsen, 4209 Charity Neck Road, Phone: 426-7852 Bert Dail, 1585 North Muddy Creek Road,phone: 721-2766 Tammy Burroughs Dail, 1585 North Muddy Creek Road, Phone: 721-2766 Frank L. Craft,Jr., 2304 Andre Court, Phone: 427-6252 Rodney Foster, 2108 Indian Creek Road, Chesapeake, Phone: 421-3282 Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459 "Undecided": Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, expressed concern re "undefined future expansion" The following registered in OPPOSITION: Attorney Kevin Martingayle, 2101 Parks Avenue#801.Phone: 422-4700, represented the neighbors. Information was distributed to City Council re solicitation from NAPA Auto Parks urging support and decisions of the Virginia Supreme Court re illegal spot zoning. Said information is hereby made a part of the record. Donna Franken, 4161 West Neck, Phone: 426-0476 Dan Franken,4161 West NeckRoad,Phone:426-0476,forty(40)years in both military and natural security positions Carol Lobus, 4132 West Neck Road, Phone: 721-0864 Dr. Carmen Maidandao, 4120 West Neck Road, Phone: 426-0052 Jackie Hembree, 2080 Jarvis Road, Phone: 426-2347 Sarah Hembree, 2080 Jarvis Road Phone: 426-2347 Arnold Dawley, 1480 Princess Anne Road, Phone: 426-2954 Donna Dawley, 1480 Princess Anne Road, Phone: 426-2954 Colonel Debbie Melton, 1493 Princess Anne Road,Phone:426-0021, retired from the Navy after 24 years. Ron McLeod, speaking for Rose Keating, 4177 West Neck Road, Phone: 301-9875 Jerry Lang, 1476 Princess Anne Road,Phone:426-5445,said statement is hereby made a part of the record Sam Lavoie, 4177 West Neck Road, Phone: 301-9875 August 10, 2004 - 41 - Item VI-J.5. PLANNING ITEM#52886(Continued) A MOTION was made by Councilman Reeve,seconded by Councilman Maddox to ADOPT Ordinances upon applications of PLEASANT RIDGE AUTO PARTS,INC.re retail sales establishment specializing in auto parts and undefined future expansion for a Conditional Change of Zoning and Modification of Conditions re a Conditional Use Permit(approved by City Council on November 24, 1998, in behalf of Mr. and Mrs. Philip Wayne Murden,Jr.: Upon SUBSTITUTE MOTION by Council Lady McClanan, seconded by Councilman Schmidt, City Council DENIED Ordinances upon applications of PLEASANT RIDGE AUTO PARTS, INC. re retail sales establishment specializing in auto parts and undefined future expansion for a Conditional Change of Zoning and Modification of Conditions re a Conditional Use Permit (approved by City Council on November 24, 1998, in behalf of Mr. and Mrs. Philip Wayne Murden,Jr.: ORDINANCE UPON APPLICATION OF PLEASANT RIDGE AUTO PARTS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL B-2 Ordinance upon Application of Pleasant Ridge Auto Parts, Inc.for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District at 4164 West Neck Road (GPIN 24027079830000-part of). The Comprehensive Plan identifies this site as being within the Rural Area. DISTRICT 7-PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF PLEASANT RIDGE AUTO PARTS, INC. FOR A MODIFICATION OF CONDITIONS ON A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON NOVEMBER 24, 1998(MR.&MRS.PHILIP WAYNE MURDEN,JR.) Ordinance upon Application of Pleasant Ridge Auto Parts, Inc.for a Modification of Conditions for a Conditional Use Permit approved by City Council on November 24, 1998 (Mr. & Mrs. Philip Wayne Murden,Jr)at the northwest corner of Princess Anne Road and West Neck Road (GPIN 24027079830000 - part of). DISTRICT 7 - PRINCESS ANNE August 10, 2004 - 42 - Item VI-J.5. PLANNING ITEM#52886(Continued) Voting: 10-1 Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Peter W Schmidt,Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jim Reeve Council Members Absent: None August 10, 2004 -43 - Item PLANNING ITEM#52887 Upon motion by Vice Mayor Jones,seconded by Councilman Schmidt,City Council ADOPTED, Ordinances upon applications of HIGHCOURT ASSOCIATES, L.L.C. at Holland and Princess Anne Roads for a MODIFICATION of Conditions re a Change of Zoning District Classification approved by City Council on May 25, 1999(BG Construction Corp.), and a Conditional Change of Zoning: ORDINANCE UPONAPPLICA TIONOFHIGHCOURTASSOCIATES,L.L.C.FOR A MODIFICA TIONOF CONDITIONS FORA CHANGE OF ZONING DISTRICT CLASSIFICATION APPROVED BY CITY COUNCIL ON MAY 25, 1999 (BG CONSTRUCTION CORP.) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon Application of Highcourt Associates,L.L.C.for a Modification of Conditions fora Change of Zoning District Classification approved by City Council on May 25, 1999 (BG Construction Corp.) on property located at the northeast intersection of Holland Road and Princess Anne Road(GPINS 24040452780000; -63530000; -73290000; -74960000; -65900000; -65690000; -67660000; - 76990000; -86720000; -95370000; -95920000; 24041404460000; -14010000; - 13650000; -22480000; -21380000; -11910000; -10530000; 24041319150000; - 08570000; -08000000; 24040397620000; -86970000; -76480000; -77690000; - 88360000; -89930000; -99580000; 24040490970000; 24041401240000; - 02430000; 24040493700000; -83950000; -82160000; -81990000; -80890000; - 80020000; -70050000; -61650000; -42610000; -30520000; -51120000). DISTRICT 7-PRINCESS ANNE ORDINANCE UPON APPLICATIONOFHIGHCOURTASSOCIA TES,L.L.C.FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL R-10 WITH HISTORIC AND CULTURAL DISTRICT OVERLAY TO CONDITIONAL R-10 WITH A PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT OVERLAY AND WITH HISTORIC AND CULTURAL DISTRICT OVERLAY Z08041193 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Highcourt Associates, L.L.C. for a Change of Zoning District Classification from Conditional R-10 Residential District with Historic and Cultural District Overlay to Conditional R-10 Residential District with a PD-H2 Planned Unit Development District Overlay and with Historic and Cultural District Overlay on property located at the northeast intersection of Holland Road and Princess Anne Road(GPINS 24040452780000; -63530000; - 73290000;-74960000;-65900000;-65690000;-67660000;-76990000;-86720000; -95370000; -95920000; 24041404460000; -14010000; -13650000; -22480000; - 21380000; -11910000; -10530000; 24041319150000; -08570000; -08000000; 24040397620000; -86970000; -76480000; -77690000; -88360000; -89930000; - 99580000; 24040490970000;24041401240000; -02430000;24040493700000; - 83950000;-82160000;-81990000;-80890000;-80020000;-70050000;-61650000; -42610000;-30520000;-51120000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable fOr appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 7-PRINCESS ANNE August 10, 2004 - 44- Item VI-J.6. PLANNING ITEM#52887(Continued) The following condition shall be required: I. A Revised Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made part of the record. These Ordinances shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th of August, Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent None August 10, 2004 77 potN1A'BEgC �j M, '1 it 2 CITY OF VIRGINIA BEACH `. /45:4> INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No.DF-5938 DATE: July 28, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali wM DEPT: City Attorney • RE: Conditional Zoning Application Highcourt Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 10,2004. I have reviewed the subject proffer agreement,dated April 19,2004,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. WMM/nlb Enclosure FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HIGHCOURT ASSOCIATES, L.L.C., a Virginia limited liability company METRO ASSOCIATES, INCORPORATED, a Virginia corporation RICHARD C. BURROUGHS STAFFORD & SON, BUILDERS, a Sole Proprietorship EDWIN M. BRODY SHARLYN CONSTRUCTION CORP., a Virginia corporation MANAGEMENT & CONSTRUCTION, INC., a Virginia corporation SEA HAVEN CUSTOM BUILDERS, INC., a Virginia corporation COMMONWEALTH CUSTOM HOME BUILDERS, INC., a Virginia corporation KOPASSIS DEVELOPMENT CORPORATION, a Virginia corporation KOPASSIS CONSTRUCTION, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 19th day of April 2004, by and between HIGHCOURT ASSOCIATES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; METRO ASSOCIATES, INCORPORATED, a Virginia corporation, party of the second part, Grantor; RICHARD C. BURROUGHS, party of the third part, Grantor; STAFFORD & SON, BUILDERS, a Sole Proprietorship, party of the fourth part, Grantor; EDWIN M. BRODY, party of the fifth part, Grantor; SHARLYN CONSTRUCTION CORP., a Virginia corporation, party of the sixth part, Grantor; MANAGEMENT & CONSTRUCTION, INC., a Virginia corporation, party of the seventh part, Grantor; SEA HAVEN CUSTOM HOME BUILDERS, INC., a Virginia corporation, party of the eighth part, Grantor; COMMONWEALTH CUSTOM HOME BUILDERS, GPIN'S: 2404-04-5278; 2404-04-6353; 2404-04-7329; 2404-04-7496; 2404-04-6590; 2404-04-6569; 2404-04-6766; 2404-04-7699; 2404-04-8672; 2404-04-9537; 2404-04-9592; 2404-14-0446; 2404-14-1401; 2404-14-1365; 2404-14-2248; 2404-14-2138; 2404-14-1191; 2404-14-1053; 2404-13-1915; 2404-13-0857; 2404-13-0800; 2404-03-9762; 2404-03-8697; 2404-03-7648; 2404-03-7769; 2404-03-8836; 2404-03-8993; 2404-03-9958; 2404-04-9097; 2404-14-0124; 2404-14-0243; 2404-04-9370; 2404-04-8395; 2404-04-8216; 2404-04-8199; 2404-04-8089; 2404-04-8002; 2404-04-7005; 2404-04-6165; 2404-04-4261; PREPARED B" 2404-04-3052; 2404-04-5112 3g3 SYI(ES. BOURDON. �d AEEPN&LEVY.RC 1 INC., a Virginia corporation, party of the ninth part, Grantor; KOPASSIS DEVELOPMENT CORPORATION, a Virginia corporation, party of the tenth part, Grantor; KOPASSIS CONSTRUCTION, INC., a Virginia corporation, party of the eleventh part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the twelfth part. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) individual parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.035 acres designated as Parcels "A", "B", "C" and 39 and described Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the second part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.186 acres designated as Parcels 1, 3, 21, 27 and 30 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the third part is the owner of one (1) parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.233 acres designated as Parcel 2 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the fourth part is the owner of eight (8) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.999 acres designated as Parcels 4, 6, 16, 19, 23, 33, 34 and 35 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter PREPARED BY: 311SYI:ES. 80URDON. collectively referred to as the "Property"; and Will AII RN&LEVY.P.0 i11t 2 WHEREAS, the party of the fifth part is the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.512 acres designated as Parcels 5 and 38 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the sixth part is the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.282 acres designated as Parcels 7 and 37 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the seventh part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.399 acres designated as Parcels 8, 10, 11, 17 and 28 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the eighth part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.749 acres designated as Parcels 9, 15, 18, 22 and 24 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the 'Property"; and WHEREAS, the party of the ninth part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.209 acres designated as Parcels 12, 26, 29, 32 and 36 and described in ',Exhibit" "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively PREPARED BY. ¶W SS'k[$.BOURDON, referred to as the "Property"; and Nil AB[RN&Ilvv.P.C. 3 WHEREAS, the partyof the tenthpart is the owner of three 3 (3) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.715 acres designated as Parcels 13, 14 and 20 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the eleventh part is the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.617 acres designated as Parcels 25 and 31 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated September 25, 1998 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4089, at Page 0976 ("Proffer"). WHEREAS, the party of the first part has subdivided the parcels of land described in the Proffer in accordance with the Concept Plan cited in the first numbered Condition contained in said Proffer; and WHEREAS, the Grantors have, by petition addressed to the Grantee, applied to change the Zoning Classification of the subject Property from R-10 Residential with Historic and Cultural District Overlay to Conditional R-10 Residential/PD-H2 Planned Unit Development with Historical and Cultural District Overlay; and WHEREAS, the Grantors have requested the Grantee to accept modifications and amendments to the Proffered Covenants, Restrictions and Conditions ("Proffer") recorded in Deed Book 4089, at Page 0976, which amendments and modifications are set forth herein; 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 PREPARED BY: on SUES. BOURDON. WHEREAS, the Grantors acknowledge that the competing and sometimes A3?ERN&LEVY.P.C. incompatible development of various types of uses conflict and that in order to permit 4 I � differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed use, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, the following three (3) amendments to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended and modified declaration of conditions, covenants, restrictions as to 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, grantees, and other successors in interest or title. 1. Proffer numbered "2" is amended to read: The Property, being all thirty-nine (39) lots and three (3) open space parcels within the "Subdivision of Highcourt", shall be subject to a recorded "Declaration of Protective Covenants, Conditions, Restrictions, Easements, Charges And Liens For HIGHCOURT", dated March 1, 2004 ("Deed Restrictions"). The Deed Restrictions shall include an Article providing for Architectural Controls which shall be administered by a Homeowner's Association, consistent with the provisions contained in the "General Certificate of Appropriateness", dated April 6, 2004, issued by the Virginia Beach Historic Review Board. A copy of the Deed Restrictions and "General Certificate of Appropriateness" have each been exhibited to the Virginia Beach PREPARED BY: 3I]SY'KES.330URPON. City Council and are on file with the Virginia Beach Department of Planning. $�AHIE12N&tEVY.PC. 5 2. Proffer numbered "3" is amended to read: All residential dwellings and any accessory structures shall have exterior finishes of brick, wood, true stucco or hardboard siding with one of these materials being at least eighty percent (80%) of the exterior finish. The style and color of the brick used shall comply with the specifications of the "General Certificate of Appropriateness", dated April 6, 2004 issued by the Virginia Beach Historical Review Board, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. All dwellings shall have a minimum of 2600 square feet of enclosed area. 3. Proffer numbered "4" is hereby deleted. 4. When the Property is developed, the following building setbacks and restrictions shall be required: (a) Front yard setback for enclosed dwelling 20 feet (b) Front yard setback for unenclosed, attached, one-story porch 10 feet (c) Side yard setback adjacent to a street 20 feet (d) On the corner lots, the front yard is the area adjacent to the longest property line adjacent to a public street (e) Maximum lot coverage in percent 35% (0 Maximum building height, measured to the highest peak of the roof, not to include ornamental railing 35 feet (g) Except for lots numbered 23 and 24, the minimum rear yard setback for accessory structures 5 feet (h) The minimum rear yard setback for accessory structures on Lots 23 and 24 15 feet (i) Any fencing within front yards and side yards adjacent to streets shall be an open, maintenance free, "wrought iron-type" fence not to PREPARED BY: exceed 3 feet in height. Such fencing may be installed with a zero 3I3SYl'ES. ROURDON. foot (0') setback without a specific landscaping requirement. MI AMEN&LEVY.PC 6 Except as herein provided, the Property shall be developed in accordance with the criteria set forth in Sections 500 through 507 of the Virginia Beach C.Z.O. in effect on the date of recordation of this Agreement. 5. All of the terms, conditions, covenants, and agreements set forth in the Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4089, at Page 0976, save and except those either Amended ("2" and "3") or deleted ("4") herein, are ratified, affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. All references hereinabove to the 12.-10 Zoning District, the PD-H2 Zoning District, and the Historical/Cultural District to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. PREPARED BY 0WSYICES. POURDON. The Grantors covenant and agree that: EYI AIIERN&LEW.RC 7 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or 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 Grantors 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 Grantors and the Grantee. PREPARED BY ©W SITE. DOURDON. 611 AficPN&LEVY.PC. 8 WITNESS the following signature and seal: GRANTOR: HIGHCOURT ASSOCIATES, L.L.C., a Virginia limited liability company (SEAL) Charles Burroughs, III Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 20th day of April 2004, by Charles Burroughs,III , Managing Member of Highcourt Associates, L.L.C., a Virginia limited liability company, on behalf of said corporation. tcorporation. Notary Public My Commission Expires: August 31, 2006 PREPARED BY. j..SYIES. DOURDON. 1111 AILERN&LEVY.P.C. 9 WITNESS the following signature and seal: GRANTOR: METRO ASSOCCIATES, INCORPORATED By: (SEAL) Frank A. Steg ann, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this /7 day of June 2004, by Frank A. Stegemann, President of Metro Associates, Incorporated, a Virginia corporation. V/ // ''L� { t Z Nota lLPublic My Commission Expires: -:)/ PREPARED BY: SYKES.BOURDON. I Alll[RN&1 EW.P C. 10 WITNESS the following signature and seal: GRANTOR: (SEAL) Richard C. Burroughs STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknow edged before me this /` day of June 2004, by Richard C. Burroughs. / (-di() .0r6u ' Notaublic My Commission Expires: /. 5,0 ... PREPARED BY', MEI SYkES.ROURDON. ARERN&LEVY.VC 11 WITNESS the following signature and seal: GRANTOR: STAFFORD & SON, BUILDERS, a Sole Proprietor By: 1 ' " �t1_� SEAL) /Tmas A. Staffo d, P. incipaUOwner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: G' The foregoing instrument was acknowledged before me this /d day of June 2004, by Thomas A. Stafford, Principal/Owner. L3oyG� No ry Publie My Commission Expires: 9 &ot _/ 1 � PREPARED er. ©L3 SYZES.POUPDON. GIB AHERN F LEVY.P.0 . 12 WITNESS the following signature and seal: GRANTOR: ----_ (SEAL) Edwin Brody I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this i:CFP: day of June 2004, by Edwin M. Brody. Notary Pub c My Commission Expires: J/2.61-in aG �5 . �0�►�b mer sMOryy,.F 9 4. i <_ %p`c• ec C n„ PREPARED BY - 4,W SYCES. BOCRD0N. MI AAERN&IEVY.P.0 I' 13 WITNESS the following signature and seal: GRANTOR: SHARLYN CONSTRUCTION CORP. • By: "-� (SEAL) Edwin M. Br y President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this /-S I - day of June 12004, by Edwin M. Brody, President of Sharlyn Construction Corp., a Virginia corporation. / Notary Pitiblic My Commission Expires:6.. CI /?o/srOCLI- , ygsCA Cp Le4Ce 1.00#1,11v 0111 � t lG aminan- • • PREPARED BY: SYKES.BOUPDON, All AHIERN&LEVY.PL. I, 14 WITNESS the following signature and seal: GRANTOR: MANAGEMENT & CONSTRUCTION, INC. By:\--LL +--,-� �.Yi.:,,-,rte P 'v (SEAL) Deanna E. Summs, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this f 712day of June 2004, by Deanna E. Summs, President of Management & Construction, Inc., a Virginia corporation. / q XriS, Notary, ub My Commission Expires: ' Comm, am a`I unRangoo!,mm sd My Wmms:ic:€0.05 PEAR YB. aUf • ROBERT PREPARED By. ©n SYKES.ROURDON. F1!AIIERN&LKVY.AC. 15 WITNESS the following signature and seal: GRANTOR: SEA HAVEN CUSTOM BUILDERS, INC. B .i (SEAL) Ti STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 16th day of June 2004, by J. D. Williams Vice President , of Sea Haven Custom Builders, Inc., a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED BY: 613 SUES, UOURDON. "Su!A1IERN II 16 WITNESS the following signature and seal: GRANTOR: COMMONWEALTH CUSTOM HOME BUILDERS, INC. By: IL - (SEAL) Ralph Pick, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 23rd day of June 2004, by Ralph Pick, Vice President of Commonwealth Custom Home Builders, Inc., a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED BY •� IOW SYKES.BOURDON GIIM MILAN R LEVY,P.C. 17 WITNESS the following signature and seal: GRANTOR: KOPASSIS DEVELOPMENT CORPORATION /� By: .11.4 �'/A- .t'XX�� (SEAL) Andrew X. Kopassis, Presider STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of June 2004, by Andrew X. Kopassis, President of Kopassis Development Corporation, a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED 9r. ©I SYKES.BOURDON. , ESi1JAP RN&LEVY.AC 18 ii • WITNESS the following signature and seal: GRANTOR: KOPASSIS CONSTRUCTION, INC. By:r1 L1 @tit, (SEAL) Andrew X. assis, Resident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of June 2004, by Andrew X. Kopassis, President of Kopassis Construction, Inc., a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED By. L I SYKLS.POURDON. GSII r111f8N&LEVY.P.C. 19 EXHIBIT "A" All those certain lots, pieces or parcels of land known, numbered and designated as Lots 1 through 39, "Open Space A", "Open Space B" and "Open Space C", on that certain plat entitled, "SUBDIVISION OF HIGHCOURT', dated July 8, 2003, prepared by Kellam- Gerwitz Engineering, Inc., which plat is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument# 200312020199890- GPIN'S: 2404-04-5278; 2404-04-6353; 2404-04-7329; 2404-04-7496; 2404-04-6590; 2404-04-6569; 2404-04-6766; 2404-04-7699; 2404-04-8672; 2404-04-9537; 2404-04-9592; 2404-14-0446; 2404-14-1401; 2404-14-1365; 2404-14-2248; 2404-14-2138; 2404-14-1191; 2404-14-1053; 2404-13-1915; 2404-13-0857; 2404-13-0800; 2404-03-9762; 2404-03-8697; 2404-03-7648; 2404-03-7769; 2404-03-8836; 2404-03-8993; 2404-03-9958; 2404-04-9097; 2404-14-0124; 2404-14-0243; 2404-04-9370; 2404-04-8395; 2404-04-8216; 2404-04-8199; 2404-04-8089; 2404-04-8002; 2404-04-7005; 2404-04-6165; 2404-04-4261; 2404-04-3052; 2404-04-5112 • MODCONDITIONS/HIGHCOURTASSOCLATES/PROFFER PREPARED BY. OW SYKES. ROURDON. dd ANERN 8 1EVY.P.C. 20 - 45- Item VI-J7. PLANNING ITEM ft 52888 Upon motion by Vice Mayor Jones,seconded by Councilman Schmidt, City Council ADOPTED, Ordinance upon application of ALCAR,L.L.0 for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF ALCAR, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 AND R-5D TO CONDITIONAL A-I8 ZO8041194 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ALCAR,L.L.C.for a Change ofZoning District Classification from A-12 Apartment District and R-5D Residential Duplex District to Conditional A-18 Apartment District on property located on the south side of Bonney Road, approximately 100 feet west of Windbrooke Lane(GPINS 14679001960000; -12750000; -22650000).The Comprehensive Plan designates this site as beingpart of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 2—KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia,on the 10th ofAugust, Two Thousand Four August 10, 2004 -46- Item VI-J.7. PLANNING ITEM#52888(Continued) Voting: 9-1 (By Consent) Council Members Voting Aye: HarryE.Diezel,Robert M.Dyer, Richard A.Maddox,Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: None Council Lady WilsonDISCLOSED that previously ALCAR,L.L.C was a client of Goodman and Company, her husband's accountingfarm. Goodman and Company no longer provides services to ALCAR, L.L.0 Vice Mayor Jones DISCLOSED and ABSTAINED rel tem J.7. (ALCAR,L.L.C), as he has an ownership interest in Resource Bank, which exceeds three percent of its total equity. ALCAR, L.L.C. has a business relationship with Resource Bank. August 10, 2004 �GINA'BP40 hG al.;���"� --,- 90 ° A .1. CITY OF VIRGINIA BEACH ��� INTER-OFFICE CORRESPONDENCE #se In Reply Refer To Our File No.DF-5808 DATE: July 28, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali WN DEPT: City Attorney RE: Conditional Zoning Application ALCAR, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 10,2004. I have reviewed the subject proffer agreement,dated May 24, 2004,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. WMM/n1b Enclosure ALCAR, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 24°h day of May 2004, by and between ALCAR, L.L.C., a Virginia limited liability company, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH : WHEREAS, the party of the Grantor is the owner of those three (3) contiguous parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 5.4 acres which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein collectively referred to as the "Property"; and WHEREAS, the Grantor 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 Classification of the Property from A-12 Apartment District and R-5D Residential District to Conditional A-18 Apartment District; 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 PREPARED BY GPIN: 1467-90-0196 MEI SYKES.BOURDON. 1467-90-1275 RIM MON&LEVY.P.0 1467-90-2265 1 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 A-18 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, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that 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: 1. When the Property is developed, the "BONNETS QUAY REZONING EXHIBIT", dated May 20, 2004 ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, landscaping, tree planting, building location, building orientation, driveway width and stormwater management facilities to better foster a sense of community. 2. When the Property is developed, the party of the first part shall dedicate approximately 0.05 acres of the Property to the Grantee for future widening of the Bonney Road right-of-way, as depicted on the Concept Plan. 3. When the Property is developed, vehicular Ingress and Egress to the PREPARED BY Property shall be limited to one (1) entrance from Bonney Road. There shall be no ©E1 SYKES.BOURDON. vehicular access from Stonehall Court. Di MWRN&L[VY RC. 2 • 4. When the Property is developed, all landscaping shall be as depicted and described on the "Bonney's Quay Landscape Plan", dated 5/24/04, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 5. When the Property is developed, a landscaped entrance feature shall be constructed with a monument style sign externally illuminated from ground level. 6. The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-eight (48). Each dwelling unit shall be two (2) stories in height, contain a minimum of 1600 square feet of living area, and contain either two (2) or three (3) bedrooms. 7. The architectural design of the residential buildings, the entrance sign and fence along Bonney Road will be substantially as depicted on the exhibit entitled "PROPOSED FRONT ELEVATIONS — BONNEY'S QUAY", dated January 30, 2004, and prepared by Reich design associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). The primary exterior building materials shall be brick and hardi-plank siding, and the colors used may vary from those on the exhibits but all will be earth tones. 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the PREPARED ev: �S17CES.BOURDON. Property at the time of recordation of such instrument, provided that said instrument is MTh:VERN&IEVY.P.0 consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or 3 a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 1 Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or 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 name of the Grantor and the Grantee. PREPARED BY. 103 SYKES, BOURDON. MB ANERN&LEVY,P.C. WITNESS the following signature and seal: GRANTOR: ALCAR, L.L.C., a Virginia limited liability company By: ,' (SEAL) Alan S. Resh, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 24th day of May 2004, by Alan S. Resh, Member of ALCAR, L.L.C., a Virginia[limited liability company, Grantor. /l'n�,,,i/lf l'J : i -(17/6/4-1-67 Notary Public My Commission Expires: August 31, 2006 • PREPARED BY ©.I1SYKES.BOURDON. A AIIERN&LEVY.P.C. 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: ALL THAT certain parcel of land, together with the improvements thereon and the appurtenances thereunto appertaining, located on the south side of Bonney Road near the Village of Kempsville in the Kempsville Borough of the City of Virginia Beach (formerly Kempsville Magisterial District of Princess Anne County), Virginia, and more particularly bounded and described as follows: i I BEGINNING at a point marked by a pin on the southern right of way line of the Norfolk and Southern Railroad, which point of beginning is located South 34° 15' West 45.74 feet from the intersection of the southern right of way line of the Norfolk and Southern Railroad and the southern right of way line of Bonney Road, and thence from said point of beginning and along the southern right of way line of the Norfolk and Southern Railroad South 34° 15' West 269.06 feet to a pipe in said right of way line dividing the property hereby conveyed from that now or formerly B. S. Turner; thence South 3° 39' 16" East 316.44 feet to a pipe; thence South 5° 05' 01" West 255.32 feet to a pin; thence North 83° 15' 58" East 245.75 feet to a pin; thence North 6° 44' 02" West 769.0 feet to the point of beginning, containing three (3) acres, more or less, and designated as "Parcel A" on a plat entitled "Survey of Property of Abraham Hawkins Est." made by W. B. Gallup, Surveyor, dated December 2, 1968. GPIN: 1467-90-0196 PARCEL TWO: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as 'PARCEL C, containing 0.719 Acre", as shown on that certain plat entitled "SUBDIVISION OF KEMPSVILLE LAKE, PHASE SIX, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2471, at Pages 142 through 144. GPIN: 1467-90-1275 PARCEL THREE: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements PREPARED 9Y. thereon, situate, lying and being near Kempsville on the road leading from B SYKES.ROURDON. Kempsville to Powell's Corner, in the Kempsville Borough of the Cityof Virginia PC Beach (formerly the County of Princess Anne), Virginia, and more particularly bounded and described as follows: 6 BEGINNING at a post in the center of the road leading from Kempsville to Powell's Corner to Stephen Smith's line and extending in line with said Stephen Smith, South 61/2° E 26.67 chains to a post in J. L. Herrick's line, on the North line of a ditch; thence in line with said Herrick, N 64° 10' W 2.19 chains along North side of said ditch to a post; thence in line with Carraway N 6° 55'W 24.47 chains to a post, then (10) feet East of the Eastern line of Norfolk-Southern Railroad; thence in line with said Carraway N 340 E .93 chains to a post in center of road leading from Kempsville to Powell's Corner; thence down center of said road N 70%° E 1.47 chains to the point of beginning; excepting therefrom a tract of three (3) acres conveyed to Monroe J. Williams by deed dated October 1, 1919, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 105, at Page 581, which 3 acre tract is expressly reserved by Alvord Corporation and is not included in the land conveyed by this deed, and excepting also the fee simple title and rights, title, and interest in and to the 20 foot private road, as shown on the Plat of A. C. Williams Land at Kempsville, which said plat is recorded in the Clerk's Office aforesaid, in Map Book 6, at Page 41, which 20 foot road was a part of the western portion of the property described hereinabove and which 20 foot road is expressly excepted from this conveyance and is reserved in its entirety as shown on the aforesaid plat for the exclusive use and complete ownership of Alvord Corporation and its successors and assigns. I GPIN: 1467-90-2265 CONOREZONE/ALCAR/BONNEYSQUAY/PROFFER4 REV.5/24/04 PREPARED BY SYYSS. POURDON. MANE-RN&LEVY,P.C. 7 - 47_ Item VI-J.8.a/b/c/d PLANNING ITEM it 52889 Upon motion by Vice Mayor Jones,seconded by Councilman Schmidt. City Council ADOPTED, Ordinance upon application of the CITY OF VIRGINIA BEACH re Laskin Road Gateway: AMEND§102 of the City Zoning Ordinance(CZO)re establishing the Laskin Road Gateway Overlay within the RT-3 Resort Tourist District ESTABLISH use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the RT-3(LRG)Laskin Road Gateway Overlay District AMEND the official zoning map by ADDING the Laskin Road Gateway Overlay District within the RT-3 DISTRICT(zoning map) AMEND the Comprehensive Plan to include the Laskin Road Gateway Design Guidelines Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones,Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None August 10, 2004 ORD - 2837 2 3 AN ORDINANCE TO AMEND SECTION 102 OF 4 THE CITY ZONING ORDINANCE BY 5 ESTABLISHING THE LASKIN ROAD GATEWAY 6 OVERLAY DISTRICT 7 8 Section Amended: City Zoning Ordinance 9 § 102 10 11 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Section 102 of the City Zoning Ordinance is hereby 16 amended and reordained to read as follows: 17 Sec. 102 . Establishment of districts and official zoning maps . 18 . . . . 19 (a2) In addition to the districts enumerated in subsection 20 (a) , there is hereby established, as an overlay district within the 21 RT-3 Resort Tourist District, the Laskin Road Gateway Overlay 22 District . Such district shall be designated on the official zoning 23 map as "RT-3 (LRG) . ' 24 . . . . 25 26 Adopted by the City Council of the City of Virginia Beach, 27 Virginia, on this 10th day of August, 2004 . 28 29 30 31 ORD - 2838 2 3 AN ORDINANCE ESTABLISHING USE 4 REGULATIONS, DIMENSIONAL REQUIREMENTS, 5 SIGN REGULATIONS, OFF-STREET PARKING 6 REGULATIONS AND DENSITY RESTRICTIONS IN 7 THE RT-3 (LAG) LASKIN ROAD GATEWAY 8 OVERLAY DISTRICT 9 10 Sections Added: City Zoning Ordinance 11 §§ 1540 - 1545 12 13 WHEREAS, the public necessity, convenience, general welfare 14 and good zoning practice so require; 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That Article 15 (Resort Tourist Districts) of the City 18 Zoning Ordinance is hereby amended and reordained by the 19 addition of a new Part E, consisting of Sections 1540, 1541, 20 1542, 1543, 1544 and 1545, pertaining to the RT-3 (LRG) Laskin 21 Road Gateway Overlay District, to read as follows : 22 ARTICLE 15 . RESORT TOURIST DISTRICTS 23 . . . . 24 E . RT-3 (LRG) LASKIN ROAD GATEWAY OVERLAY 25 DISTRICT 26 27 Sec. 1540 . Legislative intent. 28 (a) The purpose of the Laskin Road Gateway Overlay 29 District is to enhance one of the primary routes of access to 30 the Oceanfront Resort Area by providing areas for resort hotels, 31 residential, retail, office, and mixtures of such uses serving 32 the surrounding area. The District and its associated uses 33 should be located generally in the area west of Pacific Avenue, 34 east of Little Neck Creek and Beach Garden Park, north of 29th 35 Street and south of 32"d Street, where a high concentration of 36 such uses is desirable. The purpose of this District is also to 37 foster good design and development patterns through the use of 38 incentives, including tax abatement specific to the special 39 characteristics of this important gateway to the Oceanfront. 40 Sec. 1541. Application of regulations . 41 The designation of any property as lying within the Laskin 42 Road Gateway Overlay District shall be in addition to, and not 43 in lieu of, the RT-3 Resort Tourist District classification of 44 such property, such that any property situated in the Laskin 45 Road Gateway Overlay District shall also lie within the RT-3 46 Resort Tourist District. All such property shall be subject to 47 the requirements of this Part as well as to all other 48 regulations applicable to it, and to the extent that any 49 provision of this Part conflicts with any other ordinance or 50 regulation, the provision of this Part shall control . 51 Sec. 1542 . Use regulations. 52 (a) Principal uses and structures. Subject to general 53 requirements and to the regulations of the RT-3 Resort Tourist 2 54 District, all uses and structures permitted as principal uses in 55 the RT-3 Resort Tourist District shall be permitted as principal 56 uses within the Laskin Road Gateway Overlay District; provided 57 that : 58 (1) Multifamily dwelling units on lots abutting 59 Laskin Road shall be allowed only in combination 60 with one or more other permitted uses occupying 61 the ground or first floor of the building in 62 which the multifamily dwelling units are located. 63 Such other uses shall have, singly or in 64 combination, an occupancy frontage equivalent to 65 no less than seventy-five per cent (75%) of the 66 frontage of the lot on Laskin Road. For purposes 67 of this section, "occupancy frontage" means the 68 exterior length of that portion of a building 69 occupied by a retail, office or other non- 70 residential use having at least one (1) exterior 71 public entrance. 72 (2) Multifamily dwellings shall not be subject to the 73 provisions of Section 1521 (a) (19) of this 74 ordinance; and 3 75 (3) Buildings containing multifamily dwelling units 76 should adhere to the Laskin Road Gateway Design 77 Guidelines. 78 (b) Accessory uses and structures. Subject to general 79 requirements and to the regulations of the underlying zoning 80 district, all uses and structures permitted as accessory uses in 81 the underlying zoning district in which they are located shall 82 be permitted as accessory uses within the Laskin Road Gateway 83 Overlay District. 84 (c) Conditional uses and structures. Subject to general 85 requirements and to the regulations of the underlying zoning 66 district, all uses and structures permitted as conditional uses 87 in the underlying zoning district in which they are located 88 shall be permitted as conditional uses within the Laskin Road 89 Gateway Overlay District, with the following exception: 90 (1) Mini-warehouses . 91 Sec. 1543 . Dimensional requirements; density 92 Dimensional requirements and maximum density for uses and 93 structures located within the Laskin Road Gateway Overlay 94 District shall be as specified in the RT-3 Resort Tourist 95 District; provided, however, that: 96 (a) The maximum density for multifamily dwellings shall 97 be: 4 98 (1) Eighteen (18) dwelling units per acre on zoning 99 lots having an area of 20, 000 square feet; 100 (2) Twenty-four (24 ) dwelling units per acre on 101 zoning lots having an area greater than 20, 000 102 square feet and less than 2 acres; and 103 (3) Thirty-six (36) dwelling units per acre on zoning 104 lots having an area greater than 2 acres. 105 (b) Density shall be determined based on the area of the 106 entire zoning lot, even if such lot is partially occupied by 107 other principal uses or conditional uses, except that no parcel 108 may simultaneously receive density credit for both lodging units 109 and multifamily dwelling units; and 110 (c) For purposes of determining the maximum allowed 111 density for multifamily dwellings, in addition to the area of 112 the zoning lot on which the multifamily dwelling is to be 113 located, the area of any other lot under common ownership with 114 such zoning lot and separated from such zoning lot by a public 115 street of no more than one hundred (100) feet in width shall be 116 included. 117 (d) The Planning Director may allow reduced setbacks on 118 any zoning lot when: 119 (1) The proposed development for which the reduced 120 setback is sought is of a type and quality 5 121 consistent with the standards set forth in the 122 Comprehensive Plan and the Laskin Road Gateway 123 Design Guidelines; and 124 (2) The proposed development does not include any 125 buildings or parcels that are not visually and 126 functionally integrated into the entire 127 development. 128 (e) Applications for a reduced setback shall include a 129 detailed plan of development and streetscape plan showing the 130 relationship of all existing and proposed buildings, pedestrian 131 improvements, sidewalks, parking areas, site landscaping and 132 other physical improvements, and such other information as the 133 Planning Director may require as being necessary to determine 134 whether the application meets the criteria set forth in this 135 subsection. 136 (f) In the event the Planning Director denies an 137 application for reduced setbacks pursuant to this subsection, 138 the applicant may appeal such denial to the City Council within 139 twenty-one (21) days of the date on which the application was 140 denied. 141 (g) The maximum height for buildings and structures shall 142 be seventy-five (75) feet, and no building or other structure 6 143 shall exceed the height limit established by section 202 (b) 144 regarding air navigation. 145 Sec. 1544 . Sign regulations . 146 147 Signs in the RT-3 (LRG) Laskin Road Gateway Overlay District 148 shall be permitted as specified in the RT-2 Resort Tourist 149 District. 150 Sec. 1545 . Off-street parking regulations. 151 Parking shall be required for all uses and structures 152 permitted in the Laskin Road Gateway Overlay District in 153 accordance with Section 203 and the following provisions: 154 (a) For structures in which the entire floor area is 155 devoted to retail use, at least one (1) parking space for every 156 200 square feet of floor area shall be provided; 157 (b) For structures in which the entire floor area is 158 devoted to office use, at least one (1) parking space for every 159 270 square feet of floor area shall be provided; 160 (c) For structures in which the entire floor area is 161 devoted to multi-family residential use, at least two (2) 162 parking spaces per dwelling unit for the first fifty (50) units 163 located on a zoning lot and at least one and three quarters (14) 164 spaces per dwelling unit for all units in excess of fifty (50) 165 units shall be provided; 7 166 (d) For structures containing both retail and office uses 167 where at least twenty-five percent (25%) of the total floor area 168 of the structure is devoted to retail use, office use, or a 169 combination thereof, at least 3 . 5 parking spaces for every 1, 000 170 square feet of total floor area of retail or office use, or 171 both, shall be provided. If a residential use is also contained 172 in the same structure, at least 1 . 7 additional parking spaces 173 per dwelling unit shall be provided; and 174 (e) Vehicular parking between any building containing 175 multifamily dwellings and Laskin Road shall not be permitted on 176 lots having frontage on Laskin Road. 177 Adopted by the Council of the City of Virginia Beach, 178 Virginia, on the 10th day of August, 2004 . B 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE ADDITION OF THE 3 LASKIN ROAD GATEWAY OVERLAY DISTRICT 4 5 6 WHEREAS, the City Council has established the Laskin Road 7 Gateway Overlay District as an overlay district within the RT-3 8 Resort Tourist District and has adopted regulations applying 9 therein; and 10 WHEREAS, in order to define the geographic limits of the 11 Laskin Road Gateway Overlay District, it is necessary to amend the 12 official zoning map of the City; and 13 WHEREAS, the public necessity, convenience, general welfare 14 and good zoning practice so require; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That the official zoning map of the City of Virginia Beach be, 18 and hereby is, amended to incorporate the Laskin Road Gateway 19 Overlay District, as shown on a series of sheets marked and 20 identified as such, and which have been displayed before the City 21 Council this date and are on file in the Department of Planning. 22 Adopted by the Council of the City of Virginia Beach on this 23 10th day of August, 2004 . 24 25 30 CA-9265 31 OID\ordres\RT-3 (LRG)mapordin.doc 32 R-1 33 May 17, 2004 34 35 36 Approved as to Content : Approved as to Legal Sufficiency: 37 38 (O�{�'!7'K / 1 I �l1®A'1tLj 39 40 P anti Department City Attorney' s Office 3 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY THE 3 INCORPORATION OF THE LASKIN ROAD 4 GATEWAY DESIGN GUIDELINES 5 6 WHEREAS, on July 14, 2004, the Planning Commission held a 7 public hearing concerning the amendment of the Comprehensive 8 Plan (the "Plan" ) by the incorporation of the Laskin Road Design 9 Guidelines (the "Guidelines" ) , and at the conclusion of such 10 public hearing, recommended that the Plan be amended by the 11 incorporation of the said Guidelines as an appendix to the Plan; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 That the Comprehensive Plan be, and hereby is, amended and 15 reordained by the incorporation of the Laskin Road Design 16 Guidelines, dated June 18, 2004 , as an appendix to the 17 Comprehensive Plan. A true copy of the said Guidelines was 18 exhibited to the Planning Commission on June 14, 2004, and on 19 this day to the City Council . 20 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 10th day of August 2004 . CA-9324 OID/ordres/LRGplannord.doc R-1 July 14, 2004 APPROVED AS TO CONTENT: Plannin D rtment APPROVED AS TO LEGAL SUFFICIENCY: thi� 4/ 4e1 City Attorney' s Office 2 U 2 Q Ilk. %F¢' Itt r•te ' _,..• I-I-• —hWillill Atil.1 11%11 IIMW..-1 ----"',...-1-irirsel . . 1741 rit ills'w ..: ,„ \At,- . ...., -- ;x----. 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T / -7 IM-1\--g3_ a 1 LITs.li .iro. vi,51,- 6.0ti, tv-.. �� �V�. ; ri►rpa' 1 e , ..' ,., .... 1 .,> VIP' * al c4 k , 11 4#4141.14 \P , . ,, . It .... .... .... ,...... I r f� '� I .� �� \ C.- 81!I-L-- ° ' �'t" 1. I• • K , 11A ' V / , tin �\ L -l•. :� - n e _ ./ . - \ ..i .,.i ,,--,/,....Sj V 001111h' ?;� Cr i . . .... il., E (Q w t� G _ Lf Amt-,- , C�T 1 Laskin Roa o Gateway Y Design Guidelines ma C 1e H tit e BEACH GARDEN PARK a/rrc Ave. C. M Arctic Ave. ,,; ,: ;i Pacific Ave. Atlantic Aver Oltof Virginia Beach, Virginia June 18, 2004 . _ Laskin Road Gateway Y D esign afdelines „,„...„,......,,,, Firir(41A11/4.ati-4‘..1 -.1,11k .. ...4: - - .0 GBV of Virginia Beach, Virginia Prepared by the Virginia Beach Department of Planning June 18, 2004 (This page left blank on purpose) Table of Contents SECTION PAGE Introduction 5 Site Design 8 Building Mass and Scale 10 Form and Roofline 11 Building Entrances 12 Architectural Features 13 Materials and Colors 14 Signs and Lighting 15 Outdoor Spaces 16 Examples 18 i 1 Introduction Background Laskin Road has served the City of Virginia Beach over a half century, gaining identification as the eastern terminus of U.S. Route 58 in 1956. As the eastern terminus of U.S. 58, the roadway has provided one of, if not the primary point of entrance and exit for millions of people who have come to the Oceanfront of Virginia Beach to recreate. The portion of Laskin Road between Little Neck Creek / Beach Garden Park and Atlantic Avenue has, therefore, served the role of "gateway" to what many visitors perceive to be "Virginia Beach." However, a second role of this stretch of Laskin Road is that of a 'Main Street' for the thousands of residents and workers in the northern area of the Oceanfront. The interplay of these two roles on this section of Laskin Road have resulted in a four-lane arterial highway serving both local and long-distance traffic constricted by a variety of land uses on each side, largely catering to the residents in the immediate area. Compounding these dual roles and the tension between them is the changing role of the Oceanfront Resort itself and its future. The growing prominence of the Oceanfront Resort Area as a highly desired tourist and convention destination is affecting and will continue to affect the role of Laskin Road and thus, its design and land use character. With the development of a high-quality, prominent hotel anchoring the terminus of Laskin Road (which becomes 31st Street at that point), the role of this section of Laskin Road as not only a "gateway" but also as an opportunity for higher quality and more intensive development is significant, as called for in the . a Comprehensive Plan. These design guidelines offer 1 7 „< direction for those who will be designing structures and sites within this Gateway, in the hope that what is1,741.110‘ achieved will fulfill that vision �, r M ' Y Urban Form and Character While the street system in the Oceanfront Resort Area is grid-based (and thus `urban' in form), the land use i and its design character, is largely `suburban' in form, reflected in parcels with single-use buildings, setback of the buildings from the street, parking in the front of the buildings, and low-profile, one or two-story buildings. — *N.%/0 Many people believe that the term "urban" refers only •, to high-rise construction or big buildings close The vision that many people have together as evidenced most often by such places as when they think of "urban."This is New York, London, or Paris. In its truest sense, not the type of urban referred to by these guidelines. Page 6 "urban" most accurately describes those parts of our built environment that are discernibly different from their suburban and rural counterparts. It connotes denser arrangements of buildings characterized by overlapping patterns of use and activities, and clearly defined, humanely-scaled external spaces, where citizens can conduct their business and meet and mingle freely with others. These factors create a system of relationships that is larger and more comprehensive than the design of individual buildings, and which requires special consideration for best results. The organization of these various factors, including building design, landscape, open space and transportation is referred to as "urban design," and these guidelines provide clear examples of the standards and good practices that are necessary for the creation of successful, memorable places within the Laskin Road Gateway. Urban design is intended to bring order, clarity and a pleasing harmony to the urban places within the city. Urban design creates the "character" of a place. This character is primarily formed by the arrangement and details of the elements that defines it —the walls of buildings that enclose a plaza, for example; or the storefronts along the commercial street; or the dwellings that line a residential avenue. These guidelines provide guidance on how that character for the Laskin Road Gateway can be achieved. Application These guidelines are intended for the use of property owners, architects, designers, and others interested in developing and redeveloping sites within the RT-3(LRG) Resort Tourist District (Laskin Road Gateway Overlay) (see aerial photograph on next page). The guidelines are not intended to force a uniform appearance on the Gateway but to provide a general framework that allows sufficient experimentation and flexibility. For further information, please consult Section 1540 of the City Zoning Ordinance, or contact the Department of Planning, Planning Evaluation Section, at 757-427-4621 . North side of Laskin Road, showing shops located within one-story, suburban- style structures. 1111 A>f/�� .. .fPJ Leff' Page 7 "Ili• milli& ANIIIIIIIIIIIIIIIIIIi• -WEIIIININ, a 1 -., ....' • ..., , -,.. ' * NG •tc.'4. i tfi Nes . g3 ..I ,.• --...; BEACH GARDEN PARK .-; . '.,.. • apitic ....v § , (I) 4q ei, .5 r. i . efik ' ri:5.. • 1 d.d • , 'krptdi C'.. Air e. I • . .11 •'I *Ai'"":.''''' ' dd • ,f.10, 0 ilf(0) . • i ' "" • - il ,..14 1 •, • . t (N1 , ..__ ... *- pac - - -1 iftc -Ave. „... .. , • . . Atlantic Ave.-. , ‘ : ... ,., ,- •,.. - /. ...... , ' 4 . Z _ .,0•4AQ1160, • ' , .• ._.._,..r..--,... .-fr . -.-..,r.....”........ " ' . • N Area of the Laskin Road Gateway iilli 4'1 44110011 W -"""lir E Page 8 Site Design 1 Design Goal: Provide interest at the street level and enhance the pedestrian experience. Align a building's front at the sidewalk (right-of-way) edge Nes bulking ❑ A minimum of 75% of the building OLal front and side, if on a corner) should U. a I IP have a zero foot setback. II u Primary building facades should be - ' t11111210Q parallel to the sidewalk (right-of- -: way), except where it is desired to A building with a courtyard in front is appropriate,if 75%of maintain a highly desirable vista. the building wall is maintained. • ❑ Where portions of a building are set back from the sidewalk (right-of- °i"1°'"9 way), such areas should be treated ,, as courtyards (see Outdoor Spaces section later in this document). 5 5 ugh LI Q 7I Ilk Develop the ground floor level of a building �' _ _ to encourage pedestrian activity Inappropriate:Align at least 76%the building frcnt at the sidewalk edge.This building,set bade from the sidewalk, ❑ The linear frontage of a commercial erodes the visual continuity essential to a strong retail11110 or mixed-use building should include district. pedestrian-oriented elements, such as: o Transparent display windows o Outdoor dining areas (cafés) o Public art or other public amenities such as fountains, benches, etc. Li Blank walls or vacant lot appearance is not appropriate. Locate on-site parking to minimize visibility from the sidewalk. u Parking should not be located so that it interrupts the storefront continuity along the sidewalk. o Place on-site parking behind the buildings, either at-grade or within a parking structure. o Parking should be accessed from the rear of parcels for parcels with alleys. Page 9 D For parcels without alley access, driveways serving on-site parking should be located on secondary streets. When necessary, such driveways should up be minimized in width and provide for good visibility of pedestrians from vehicles using the driveway. Locate mechanical equipment and service areas out of public view. Liiiic Page 10 Building Mass and Scale 2 Design Goal: New buildings and additions should be delineated both vertically and horizontally to reflect a human scale. The height of buildings should provide for a human scale to the overall streetscape while respecting the location of the Laskin Road Corridor within a flight departure and arrival path for NAS Oceana. ❑ New buildings and additions to existing buildings should not exceed a maximum height of four stories, with an additional two to three stories possible if these upper floors are set back from the initial floor stories to reduce the impact of the overall mass. Buildings should be divided into "modules"that provide visual interest and serve to create a traditional "Main Street"appearance to the Gateway. ❑ Create modules of 25 to 50 foot wide as traditionally found in Main Street environments. u A clear visual division between upper and lower floors should be incorporated through a change in materials, colors, and use of canopies and awnings. 4ter' a - . :'..*":""+"=•'...--mss "4,'aoti :..� yF xa � 9 KT.Rw _ t" ' .44 _ j- ,ry ' r, S r,-4, I 4 ,, I,',.,5 M Note the use of 25 to 50 foot modules in this building as a means of providing visual interest Page 11 3 Form and Roofline Design Goal: Simple rectangular forms with horizontal roof forms should predominate on commercial and mixed-use structures. Use of pitched rooflines on residential structures is appropriate. Simple rectangular volumes are preferred. u New buildings r ---_-_-___- 1#114 w. and additions1-:-.—:-.7.41**,,'- ' ..�..«41 should be ,/� ' t,'� a designed with --- `� Ilk4 simple 1' p, r ,,,.. rectangular ;• . . ;FI-{, ', ' ,f , - volumes, „—'y . w 11.E r3 ,�,-1 �n l accented by ,� � - : 1it11k HO! . `•� other shapes as -,J*..,-;,:-i _ I °�'m1_ details. '' ;, �g- '��-A u Cylindrical, r; : . illl 1_ "!\F.' �'r'pyramidal, and `....i � � Il 11 I't '�,'"E` -1 ' ,,,, IIM other elaborate eLLl 11, i forms as the "4' iik�i.4 _ l l main building - _ ,„ .; = -,„ ,N. ., 1 are not = ,: , `sl :r- appropriate. vn la. i + } ' • For commercial and � g. mixed-use structures, The primary form of this building is rectangular, but it is horizontal roof forms accented with a variety of other geometric forms should predominate and be screened by extensions of the building wall planes. u Parapet walls should be used for screening flat roofs and should be detailed with such features as cornice to define the building roofline. u Sloping roof forms may be considered as accents. For residential structures, horizontal roof forms or sloped roof forms are appropriate. u Sloped roof forms may be considered as a means of screening a flat roof on a residential structure. Page 12 Building Entrances 4 Design Goal: Clearly identify the primary entrance to a building and orient it to the street. Orient the primary entrances to the sidewalk and the primary pedestrian ways. ❑ Primary entrances to ground floor spaces and upper levels should be oriented to the sidewalk and primary pedestrian ways. ❑ If a courtyard is part of the overall design, an entrance may be located on it as well. ❑ Buildings located at the intersection of roadways should be designed with angled entrances at the corner. Clearly identify the primary entrance ,� - ❑ Use an awning, change in roofline, Orli �l ,. ti : or other architectural feature to 000110 . ; ; define the entrance. ❑ A sign mounted at the entry may I le 1 "is ), "=' also be used. ❑ Special paving treatments may be wommis...:: . used to define the entry. Note the change in material, color, and form used at the corner of this building, Recessed entries should be used in clearly designating the entrance storefront construction. • Storefront entries should be recessed to emphasize the entrance, increase window display area, and provide a sheltered transition to the interior of the store. ❑ Storefront entries should be centered on the façade and be highly `transparent.' Solid doors are discouraged. 15 1ft e , ,, ,i,,, I,it , ..„:„.... AU' 1::j ,. +ate •u sF # : # c.'�"F . U 3 � ... i 7 41 This building makes good use of recessed areas as a means of clearly identifying the entrance s. Page 13 5 Architectural Features Dsign Goal: Architectural features should be used to provide weather protection and highlight building features and entries. Buildings should be designed to incorporate awnings. ❑ Storefront window openings should be designed to accommodate awnings above the windows. u The awning should fit the shape of the opening of the building. ❑ Awnings should be mounted to highlight moldings that may be found above the storefront or to fit within a sign panel that may be part of the façade design. u While fabric (canvas or other high quality fabric) awnings are preferred, fixed metal canopies are also acceptable. Vinyl awnings are inappropriate. A fixed canopy may be used where enhanced weather protection is desired. u Permanent structures may be used on building facades with harsh sun exposure and where outdoor dining is planned. ❑ They must be incorporated into the overall design of the building and be appropriate in mass and scale with the structure. These features must be designed to not obstruct storefront visibility and pedestrian access. ,. ° � , `",;,..*:1146.—t-4:414,44-,%'; --- .1'4: ; zxtn> ETI .it..--. ,.yam.. 41M .. . 1 I10/...4.; Y f ,.(�41I' ,� te. x 7 Ilitj:1 I � li - kk: limamso ti ' Good use of awnings. Note how the awnings 'fit' into the brick molding along the storefront. Page 14 Materials and Colors 6 Design Goal: Building materials and colors should exhibit quality and help establish a human scale while providing visual interest. While some diversity in exterior building materials and color is a part of the tradition of urban form, the range should be limited in order to promote a sense of visual continuity for the area. I Use the highest quality materials on exposed exterior surfaces, such as brick, pre-cast, tile and stucco. I Innovative materials are encouraged provided they appear similar in quality, texture, finish and dimension to those used traditionally in the Oceanfront Resort Area. ❑ Stucco and synthetic stuccos should be detailed to create a composition of smaller wall surfaces and establish a sense of human scale. Simple material finishes are encouraged. J Matte finishes are preferred. Polished stone or ceramic tile, for example should be avoided or limited to accent elements. • Reflective or mirror glass is discouraged. i Building colors should evoke a sense of richness and liveliness to complement and support the overall character of the Oceanfront Resort Area. v f �� �'Sao�,�,.T 5Q, y 1 e.1 It Ch1 'k 1 �r A 1I . ,1, t , 1: .-y R i� ` TThe buildings along this street reveal a good mix of r �' --- -..,,�,,.,,,__ quality materials and colors, providing both human ,' V. scale and visual interest Page 15 7 Signs and Lighting Design Goal: Design buildings with careful consideration for the incorporation of signage and lighting. New buildings and additions should be designed to allow for signs appropriate in scale and location to the use and the Oceanfront Resort Area and the Laskin Road Gateway. Signs shall comply with the City Zoning Ordinance. Exterior building lighting should be used to accentuate the building design and the overall ambiance of the Laskin Road Gateway. • Highlight architectural details and features with lighting integrated into the building design. • Façade lighting should provide for a sense of vibrancy and safety without resulting in excessive light and glare. ❑ The innovative use of lighting is encouraged. ttV>.:t::-'s u Energy conservation and efficiency should also be considered. ;-f_ 1111. � • This building makes lighting an architectural feature by integrating the fixtures into the pilasters, illuminating the detail above and providing safety to those below • Page 16 Outdoor Spaces 8 Design Goal: Design outdoor spaces to enliven the sidewalk level and provide for private open space for shoppers, employees, and residents. A variety of outdoor spaces may be considered: ❑ A courtyard at sidewalk level, set in line with the building front. ❑ An interior courtyard with a major entrance clearly visible from the street. ❑ Upper-level decks, balconies, and rooftop gardens are encouraged as private open space. Such structures should be located so as to avoid encroachment into the public right-of-way. Courtyards are encouraged as places for outdoor commercial activities. ❑ No more than 25% of a new commercial storefront building should be set back for a courtyard. ❑ Consider environmental conditions such as sun, shade and prevailing winds when positioning courtyards and outdoor seating areas. ❑ Trees, trellises or similar shade elements to be designed into a courtyard are encouraged. Upper story decks, balconies or rooftop gardens should be incorporated for residential uses. ❑ Balconies on the front façade should be located and designed to minimize potential conflicts with pedestrian traffic on sidewalks below. Such structures should also be located so as to avoid encroachment into the public right-of-way. ❑ Balconies should be appropriately scaled and incorporated into the overall design of the building. o Projecting balconies should not obscure visibility of signs or storefronts. o Consider environmental conditions such as sun, shade, and prevailing winds when designing decks, balconies or rooftop garden spaces. Page 17 . .,. , 144 ., • 31, V, a 1� ,I. RI t�III !AI N s �y lbv1M. I.S'. . --:: 4 Y 1 - �1 2,,i .• # ' m'`a. iL_ ^, - ' 1• 1 �� Com...._.. n - t..-11 ..-.,1 I r I n`"sa`[ t r _ l 1 t Odoaces e ovd forutthisor building throughprthe usespof simplearbalcony spaces Page 18 itimemimmi Examples 9 These examples illustrate a manner in which the design guidelines, when combined, would result in a development that meets the community's objectives for the Laskin Road Gateway. The graphic illustrations are intended to exemplify specific architectural elements and not a "preferred" architectural style. Retail Storefront . S Stair E Elevator Lobby ,. Features: 36 dwelling units per acre " 75% retail frontage Ground level parking behind � Residential lobby access from street level �� Private decks/balconies } - t Laskin t•, j • x o ' • « 1 ;X5TI- , r Upper-story windows I. v -4 r I -Top floor set back t m&2.3 MMS .--41:41at - — "' N. ! -Facades articulated as 3 buildings -.__ � Laskin Rd. -.........-...A �,.- ''�. : 75%ground floor retail ,�OOP ' r �; ;' _Residential entry at street <$ t I 1 )Ir �..i1 +.it i.i ' % , 1 +'! •„i -' t•iP,rk nq S . I jai 4 `i f Page 19 Retail Plaza 4 S Stair E Elevator Lobby +j -r Features. 0., ,' 30 dwelling units per acre 75%retail frontage J,r Ground level parking behind Residential lobby access �'' .• from plaza and parking ;. ; :. :+L• p` LA Private decks/balconies r.�, �• - '1 .\ r: 1 t4 _ —7r.-.1"--nc".t. ,or 4-/4-, fir., ri-J. __, Ijk.,ii'„.1..--",4 ir„sifij,,_4----11,,iitT 4,..,,,... 1-L-_--.214..„ _,-.,-,:'4" 'i- - ' -14:::- ' ' : —1:- . 1111111111111111111.— �r t . _:1 r... .. R9� L ii r A^ ..,_ --- - ' Wok 24 Laskin Rd. �„ Sloped roof accent ,i ,. Top floor set back Par , i v• Upper-story windows 0. � ,� y'g` hr a+ , j + h 75%ground floor retail , ` } ,,, i L i 44 Rw. t _«yam' , Residential entry at plaza wQe "� Fla '.MftG. lett �M , . 1t r� . } ' Plaza , 10....Ali 4,) . - _ - la ?, ir-—:_.„... "'it,.., ...----- '- Laskin Rd. ...* - ...,� • 0 Page 20 -48- Item VI-ICI. APPOINTMENTS ITEM#52890 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: SOCIAL SERVICES BOARD August 10, 2004 - 49- Item VI-R.2. APPOINTMENTS ITEM#52891 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Donald V.Jellig Jerrold L.Miller 4 Year Term 9/1/04—8/31/08 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 - 50- Item VI-K3. APPOINTMENTS ITEM#52892 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Chris Savvides Unexpired Term to 3/31/06 Dr.Suzanne S.Love 3 Year Term 8/1/04—3/31/07 HEALTH SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Harry E.Diezel,Robert Al.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2009 - 51 - Item VI-K.4. APPOINTMENTS ITEM#52893 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Joel Fink Unexpired Term through 5/31/07 Voting: 11-0 Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 - 52- Item VI-K.5. APPOINTMENTS ITEM#52894 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Dr. Michael Pankow Caren J. Yarbrough 3 Year Term 9/1/04—8/31/07 PARKS AND RECREATION COMMISSION Voting.' 11-0 Council Members Voting Aye: Harry E. Diezel,Robert M Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera K Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 - 53- Item VI-K.6. APPOINTMENTS ITEM#52895 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Karl F.Morrison 3 Year Term 9/1/04—8/31/07 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Harry E.Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 10, 2004 - 54- Item VI-K.7. APPOINTMENTS ITEM#52896 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Priscilla Beede 3 Year Term 9/1/04—8/31/07 REAPPOINTED: Patrick L.Shuler 3 Year Term 9/1/04—8/31/07 REVIEW AND ALLOCATION COMMITTEE(COG) Voting: 11-0 Council Members Voting Aye: Harry K Diezel,Robert M.Dyer, Vice Mayor Louis R.Jones,Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None - 55- Item VI-O. ADJOURNMENT ITEM#52897 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:53 P.M. �. y, ,L./ Beverly O. Hooks, CMC Chief Deputy City Clerk •uth Hodges Smith, MMC Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia August 10, 2004 • -55- Item VI-O. ADJOURNMENT ITEM#52897 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:53 P.M. rjerf 7,2 Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, MMC Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia August 10, 2004