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HomeMy WebLinkAboutDECEMBER 7, 2004 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOVIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESUE L. UUEY CiTY CLERK - RUTH HODGES SMITH, MMC 7 DECEMBER 2004 Honor our Troops Remember Pearl Harbor I. CITY MANAGER'S BRIEFINGS Conference Room A. Water and Sewer Aging Infrastructure and Rate Study Thomas Leahy, Interim Director - Public Utilities B. Redevelopment Strategy Robert J. Scott, Director - Planning II. CITY COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION VI. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Major David Heller, Chaplin First Landing Chapel - Fort Story CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com 1:30 PM 4:00PM 6:00 PM c. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA H. J. D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICA TION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 23, 2004 G. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY 10th Street and Atlantic Avenue 2. VIRGINIA BEACH SOUTH PARKING LLC re Lease of 9th Street Parking Garage 3. AGRICULTURAL RESERVE PROGRAM (ARP) Barry D. and Paula Knight Craig and Bonnie Talley Dianna G. Conte and Patricia C. Ange Craig C. and Susan L. Creamer Head of River Road Head of River Road Baum Road Head of River Road PUBLIC COMMENT 1. Marriott Hotel Term Sheet I. AGENDA FOR FORMAL SESSION CONSENT AGENDA K. 0 RD INAN CES/RESO L UTI 0 NS 1. AMEND City Code: a. §§2-75, 2-316, 2-317 and 2-318 to ESTABLISH a Department of Human Services (1) Add §§ 2-319, 2-320, and 2-321 (2) Delete §§ 29-1, 29-2, 29-3, 29-4, 29-16, 29-17,29-18,29-19,29-20,29-21,29.22 and 29-23 a. § 103, 104, 106, 107, 108 109 and 110 re Chesapeake Bay Preservation Area Board revisions to remain in compliance with state regulations b. § 31-1, 31-2.2, 31-26 31-28 and 31-33 re penalties for certain violations of collection of tree limbs and debris from tree removal activity and ADD § 31-3.1 2. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) and the easements thereon: a. BARRY D and PAULA W. KNIGHT re the issuance by the City of its contract obligations in the maximum principal of $236,589 at the Head of River Road (DISTRICT 7 - PRINCESS ANNE) b. CRAIG and BONNIE TALLEY re the issuance by the City of its contract obligations in the maximum principal of$146,766 at Head of River Road (DISTRICT 7 - PRINCESS ANNE) c. DIANNA G CONTE and PATRICIA C. ANGE re the issuance by the City of its contract obligations in the maximum principal of $180,684 at Baum Road (DISTRICT 7 - PRINCESS ANNE) d. CRAIG C. and SUSAN L. CREAMER re the issuance by the City of its contract obligations in the maximum principal of $70,499 at Crags Causeway (DISTRICT 7 - PRINCESS ANNE) Ordinances to AUTHORIZE acquisition of property at Birdneck Road re the Resort Area maintenance facility to ESTABLISH the Beach Maintenance facility and APPROPRIATE $1,609,262 from the fund balance for this project 3. 4. Ordinance re Cops Interoperable Communications Technology Grant: a. ESTABLISH and DEVELOP a regional Interoperable Communications Network b. ACCEPT and APPROPRIATE $6,000,000 from the U.S. Department of Justice c. APPROPRIATE $363,500 from the fund balance of the E-911 Communications fund d. TRANSFER $1,800,000 to the Communication InÍÌ'astructure Replacement 5. Ordinance re School REVERSION FUNDS: a. APPRO RIA TE $18,276,602 within the Virginia Beach School FY 2004-05 Operating and FY 2004-05 Capital Budgets re: (i) (ii) (iii) (iv) (v) (vi) $1,500,00 to the Instructional Category for SOL Incentive funds for Schools $5,000,000 to the School Instructional Technology fund re cyclical replacement of instructional technology $1,800,000 to Telecommunication Infrastructure Replacement $3,155,888 re interior cameras for elementary schools, updated fire suppression units, digital recorders to replace VCR's, sets of calculators, scanners for all schools, and musical instrument repairs and replacement $1,448,021 to the School Reserve Special Revenue Fund $5,372,693 to RE-ESTABLISH the Alternative Education Facility Phase II b. ACCEPT and APPROPRIATE $6,266,052 in additional grant funding to the Schools in the FY 2004-05 Operating Budget (i) (ii) (iii) (iv) $3,868,455 ÍÌ'om the federal government $2,369,585 from the state $ 28,01 2 from other sources $ 466,967 from the U.S. Department of Education Office for Safe and Drug Free Schools Resolution CONCURRING with issuance by the Industrial Development Authority of the Town of Mount Jackson, Virginia, of Bank qualified revenue bonds in an amount not to exceed $2,000,000 re Beth Sholom Home of Eastern Virginia for their renovation, expansion and equipping a nursing home 6. 7. Resolution re Town Center Phase III: a. AUTHORIZE the non-binding Term Sheet, dated December 7,2004 between the City, the Development Authority and Town Center Associates, LLC b. REQUEST the Authority adopt a Resolution consistent with this Resolution approving the Term Sheet, authorizing its execution and AUTHORIZING the City Manager and the City Attorney, on behalf of the Authority, to proceed with the development of supplemental documents necessary to implement the changes to Phase II and Phase III as outlined in the Term Sheet ,- - c. AUTHORIZE the City Manager and City Attorney to proceed with the development of supplemental documents for the MODIFICATIONS to the Project as outlined in the Term Sheet d. DIRECT the City Manager to return the final supplemental documents for approval by the City Council AND the Authority and for authorization to execute the Phase III Support Agreement so that the Authority can then proceed with the next phase of the Project 8. Resolution AUTHORIZING the City Manager to: a. EXECUTE a Mutual Aid Agreement re Emergency Fire Protection Services with the City of Chesapeake b. EXECUTE the Grant Application with the U.S. Department of Justice re equipment needed for response to the use of weapons of mass destruction L. PLANNING Ordinance to Amend and REORDAIN the City Zoning Ordinance (CZO) § 111,204, 1502, 1503, 1506 and 1507 re to the definition of the term "Lodging Unit," loading space requirements for certain lots, and dimensional requirements, sign regulations, density regulations and desired design features and incentives in the RT-l Resort Tourist District. 1. APPROV AL 2. RECOMMENDATION: Applications of CITY OF VIRGINIA BEACH re the 9th and 10th Street Marriott Project: a. AUTHORIZE the non-binding Term Sheet, dated November 23, 2004, between the City, the Development Authority and Tidewater Hotels and Resorts, (i) (ii) (iii) (iv) (v) REQUEST the Authority adopt a Resolution consistent with this Resolution approving the Term Sheet, authorizing its execution AUTHORIZE the City Manager to EXECUTE the Term Sheet on behalf of the City AUTHORIZE assignment ofthe City's lease hold interest in parking spaces at the 9th Street Parking Garage (now under lease) to the Development Authority: REQUEST the Authority adopt a resolution accepting this assignment: and, AUTHORIZE the City Manager and the City Attorney, on behalf of the City, to proceed with the development of the necessary documents and appropriate evidence for this assignment ESTABLISH a Capital Project for the 9th and lOth Street improvement and AUTHORIZE and TRANFSER $1,324,882 from Economic Development Infrastructure Projects to create these improvements, relocate the utility lines and construct new connector parks and public accessways AUTHORIZE the City Manager to execute documents necessary and appropriate to implement the requirements of the project substantially as outlined in the Term Sheet b. discontinuance, closure, and conveyance of a portion of lOth Street at Atlantic A venue. (DISTRICT 6 - BEACH) AUTHORIZE a temporary encroachment to construct and maintain a paver pool deck, walkways, to the bike path, decorative loggia with columns, fence on concrete base, landscaping, and a balcony upon the City's property for OCTO, INC. at 921 Atlantic Avenue. (DISTRICT 6 - BEACH) c. RECOMMENDATION: APPROVAL 4. 6. 3. Application of BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC.. for a Chanf!e of Zoning District Classification from A-18 Apartment District to Conditional A-24 Apartment District at 1100 Indian Road (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL Application of STEPHEN LETOURNEAU for a Conditional Use Permit to operate a small automobile paint garage at 156A Chestnut Avenue. (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 5. Application of THE TERRY COMPANIES FIVE, L.L.C. for a Conditional Use Permit for multi-family dwellings on the north side of Shore Drive at its intersection with Cherry Tree Place and to the Chesapeake Bay (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL Application ofFRANCISCUS COMPANY, INC. for a Change ofZoninf! District Classification from R-I0 Residential District to Conditional A-12 Apartment District at Wesleyan Drive, and Diamond Springs Road (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROV AL 7. Application of SAL TMEADOW BAY, L.L.C. for a MODIFICATION to the Land Use Plan (approved by City Council on March 11,2003), to permit certain encroachments at Oakland Avenue, Oceanfront (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD (CP AB) COMMUNITY POLICY and MANAGEMENT TEAM - CSA At Risk COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PENDLETON PROJECT MANAGEMENT BOARD RESORT ADVISORY COMMISSION REVIEW and ALLOCIATION COMMITTEE [COG] SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non Agenda Items ********************************** ********* 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: Virginia Relay Center at 1-800-828-1120 *********** Agenda 12/07/04BLB www.vbgov.com ********************************** PUBLIC COMMENTS Non Agenda Items ********************************** ********* 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: Virginia Relay Center at 1-800-828-1120 *********** Agenda 12/07/04BLB www.vbgov.com I. CITY MANAGER'S BRIEFINGS Conference Room A. Water and Sewer Aging Infrastructure and Rate Study Thomas Leahy, Interim Director - Public Utilities B. Redevelopment Strategy Robert J. Scott, Director - Planning II. CITY COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS 1:30 PM v. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION VI. FORMAL SESSION 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Major David Heller, Chaplin First Landing Chapel - Fort Story D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 23, 2004 G. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY 10th Street and Atlantic Avenue 2. VIRGINIA BEACH SOUTH PARKING LLC re Lease of 9th Street Parking Garage H. PUBLIC COMMENT 1. Marriott Hotel Term Sheet I. AGENDA FOR FORMAL SESSION J. CONSENT AGENDA ~---- PUBUC HEARING DISPOSITION OF CITY PROPERTY The Virginia Beach City Council will hold. a PUBUC HEARING on the disposition of approximãtely g,O()O squàre feet of City owned property, December 7,2004, at 6:00 p.m., in the' Council Chamber on the 2nd Aoor ofS-the City Hal.[8uílding, Building #1, 2401 Courthouse Drive, MunicipåJCenter, Virginia Beach, Virginia. The property is the portion of the existing.ri.ght of way for 10th Street beginning at its intersection with the eastem side of the Atlantic Avenue right of way and running east to the terminus of 10th Street The purpose of this hearing will be to obta.in public comment on the disposition of this property. .. LEASE OF CITY PROPERTY The Virginia Beach City Council will hold. a PUBUC HEARING on. the assignment to the Virginia. Beach Development Authority of the City's interest in that Parking lease dated May 14, 1996 between VB/South Parking. LLC. and tlIe City of Virginia Beach on December 7, 2004, at 6:00 p.m., in the Council Chamber on the 2nd Roor of the City Hall Building. Building #1, 2401 Courthouse Drive, Municipal Center, Vir- ginia Beadl, Virginia. The property is.the leased Portion of the parking garage facility bounded on the north by 9th Street, on the east by Atlantic Avenue.,.on,,1he south by 8th Street, and on the west by Pacific Avenue. The purpose of this hearing will be to obtain public comment on the assignment of the City's interest in this lease. My questions concerning these matters shoulQ be directed. to the Office of Real Estate, Room 170, Building #2 in the Virginia Beach Municipal Center. The Real Estate Office telephone number is 427-4161. A map depicting the exact lõcationand'area of the subject properties can be obtained from the.Real Estate Office. If you are physically or visually impaired and need assistance at this meeting, please cail the City Clerk's Office at 427-4303- Hearing impaired, call Virginia Relay at 1-80o.s28-1120.. .a=!~/~ Ruth Hodges Smith, MMC Cit'j Clerk Beacon Nov. 28, 2004 12374886 NOTICE OF PUBLIC HEARING. ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA. Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execu- tion and delivery of Installment Purchase Agreements for the acquisi- tion of agricultural land preservation easements with respect to proper- ties located on Crags Causeway, Baum Road and Head of River Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No, 95-2319, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southem por- tion of the City designated to (a) promote and encourage the preserva- tion of farmland, (b) preserve open spaces and the area's rural charac. ter, (c) conserve and protect environmentally sens.itive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community develop- ment. Such easements wiH be purchased pursuant to Installment Pur- chase Agreements for an estimated maximum aggregate purchase price of $634,538. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the pur' chase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjoumed, will be held by the City Council on December 7, 2004, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person inter- ested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA !J-r~/~ Ruth Hodges Smith, MMC City Clerk Beacon Nov. 21 & 28, 2004 12334412 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, December 7, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 4 - BAYSIDE 1. The Fra(lciscus Company, Inc. Application: Chan¡!e of Zonin¡! District Classification from R-l0 Residential to Conditional A-12 Apartment on the south side of Wesleyan Drive, 544.5 feet west of Diamond Springs Road.(GPINS 14683417750000; -29760000; -07450000). The Com- prehensive Plan designates this site as being part of the Primary Resi- dential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Compre- hensive Plan. . DIS]RICT 6 . BEACH 2. CITY OF VIRGINIA BEACH City of Virginia Beach Application: Discontinuance, closure, and con- veyance of a portion of 10th Street, on the east side of Atlantic Avenue and running in an easterly direction to its terminus. 3. Saltmeadow Bay, L.L.C. Application: Modification to the Land Use Plan approved by City Council on March 11, 2003 at the western extremity of Oakland Avenue (GPIN 24187031540000). The Comprehensive Plan identifies this area as being the Oceanfront Resort Area. 4. Beach Club II Unit Owners' Association, Inc. Application: ChaMe of ?onin¡! District Classification from A-18 Apartment to Conditional A-24 Apartment at 1100 Indian Road (GPINS 24177368158640; -8660; -8680; -8670; -8700; -8690; -8720; -8710; -8740; -8730; -8760; -8750; .8780; -8770; -8800; -8790; .8820; -8810; -8840; -8830; .8860; -8850; .8880; -8870; -8900; -8890; -8920; -8910; -8940; -8930; -8960; -8950; -8980; -8970; -9000; -8990; .9020; -9010; -9040; :9030: -9050; -9060; -9070; -9080; -9090; -9100; -9110; -9120; -9130; -9140; -9150; .9160; .9170; -9180; -9190; -9200; -9210; -9220; .9230;. -9240; -9250; -9260; -9270; -9280). The Com- prehensive Plan identifies this area as being the Oceanfront Resort Area. DISTRICT 3 - ROSE HALL 5. Stephen Letourneau Application: Conditional Use Permit for an auto- mobile repair garage at 156A Chestnut Avenue (GPIN 14874303930000). CITY OF VIRGINIA BEACH 6. CHESAPEAKE BAY ORDINANCE Amend Sections 103,104, 106, 107, 108, 109, and 110 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach. CITY OF VIRGINIA BEACH - RT-l 7. Amend and reordain Sections 111, 204, 1502, 1503, 1506 and 1507 of the City Zoning Ordinance, Pertaining to the Definition of the Term "Lodging Unit," Loading Space Requirements for Certain Lots, and Dimensional Requirements, Sign Regulations, Density Regulations and Desired Design Features and Incentives in the RT-l Resort Tourist District. DISTRICT 5 - LYNNHAVEN 8. The Terry Companies Five, LL.C. Application: Conditional Use Permit for multi-family dwellings on the north side of Shore Drive at its inter- section with Cherry Tree Place and continuing in a westerly direction to . the Chesapeake Bay (GPINS 14897971060000; 14898809070000; ¡ 14898839890000; 14878920760000; 14898920050000). All interested citizens are invited to attend. r;.~4r/~ Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and. may be examined in the Department of Planning. For information call 4274621. . If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 4274303. Hearing impaired, call: TDD (TOO - Telephonic Device for the Deaf) only call Virginia Relay at 1-800-828-1120. The Planning Commission Agenda is available through the City's Inter- net Home Page at http:/ /www.vb¡!ov.com/plannin¡!commission Beacon Nov. 21 & 28, 2004 12334518 PUBLIC HEARING DISPOSITION OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition of approximately 9,000 square feet of City owned property, December 7,2004, at 6:00 p.m., in the Council Chamber on the 2nd Floor of the City Hall Building, Building #1, 2401 Courthouse Drive, Municipal Center, Virginia Beach, Virginia. The property is the portion of the existing right of way for 10th Street beginning at its intersection with the eastern side ofthe Atlantic Avenue right of way and running east to the tenninus of 10th Street. The purpose ofthis hearing will be to obtain public comment on the disposition of this property. LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the assignment to the Virginia Beach Development Authority of the City's interest in that Parking Lease dated May 14, 1996 between VB/South Parking. LLC. and the City of Virginia Beach on December 7, 2004, at 6:00 p.m., in the Council Chamber on the 2nd Floor of the City Hall Building, Building #1,2401 Courthouse Drive, Municipal Center, Virginia Beach, Virginia. The property is the leased portion of the parking garage facility bounded on the north by 9th Street, on the east by Atlantic Avenue, on the south by 8th Street, and on the west by Pacific Avenue. The purpose of this hearing will be to obtain public comment on the assignment of the City's interest in this lease. Any questions concerning these matters should be directed to the Office of Real Estate, Room 170, Building #2 in the Virginia Beach Municipal Center. The Real Estate Office telephone number is 427-4161. A map depicting the exact location and area of the subject properties can be obtained from the Real Estate Office. If you are physically or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 427-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. ~~~ uth Hodges Smith, MMC City Clerk K. 0 RD INAN CES/RESO LUTI 0 NS 1. AMEND City Code: a. §§2-75, 2-316, 2-317 and 2-318 to ESTABLISH a Department of Human Services (i) Add §§ 2-319,2-320, and 2-321 (ii) Delete §§ 29-1, 29-2, 29-3, 29-4, 29-16, 29-17, 29-18, 29-19, 29-20, 29-21, 29-22 and 29-23 b. § 103, 104, 106, 107, 108 109 and 11 0 re Chesapeake Bay Preservation Area Board revisions to remain in compliance with state regulations c. § 31-1, 31-2.2, 31-26 31-28 and 31-33 re penalties for certain violations of collection of tree limbs and debris from tree removal activity and ADD § 31-3.1 2. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) and the easements thereon: a. BARRY D and PAULA W. KNIGHT re the issuance by the City of its contract obligations in the maximum principal of $236,589 at the Head of River Road (DISTRICT 7 - PRINCESS ANNE) b. CRAIG and BONNIE TALLEY re the issuance by the City of its contract obligations in the maximum principal of $146,766 at Head of River Road (DISTRICT 7 - PRINCESS ANNE) c. DIANNA G CONTE and PATRICIA C. ANGE re the issuance by the City of its contract obligations in the maximum principal of $180,684 at Baum Road (DISTRICT 7 - PRINCESS ANNE) d. CRAIG C. and SUSAN L. CREAMER re the issuance by the City of its contract obligations in the maximum principal of $70,499 at Crags Causeway (DISTRICT 7 - PRINCESS ANNE) 3. Ordinances to AUTHORIZE acquisition of property at Birdneck Road re the Resort Area maintenance facility to ESTABLISH the Beach Maintenance facility and APPROPRIATE $1,609,262 from the fund balance for this project 4. Ordinance re Cops Interoperable Communications Technology Grant: a. ESTABLISH and DEVELOP a regional Interoperable Communications Network b. ACCEPT and APPROPRIATE $6,000,000 from the U.S. Department of Justice c. APPROPRIATE $363,500 from the fund balance of the E-911 Communications fund d. TRANSFER $1,800,000 to the Communication Infrastructure Replacement 5. Ordinance re School REVERSION FUNDS: a. APPRORIA TE $18,276, within the Virginia Beach School FY 2004-05 Operating and FY 2004-05 Capital Budgets re: (i) $1,500,00 to the Instructional Category for SOL Incentive funds for Schools (ii) $5,000,000 to the School Instructional Technology fund re cyclical replacement of instructional technology (iii) $1,800,000 to Telecommunication Infrastructure Replacement (iv) $3,155,888 to re interior cameras for elementary schools, updated fire suppression units, digital recorders to replace VCR's, sets of calculators, scanners for all schools, and musical instrument repairs and replacement (v) $1,448,021 to the School Reserve Special Revenue fund (vi) $5,372,693 to RE-ESTABLISH the Alternative Education Facility Phase II b. ACCEPT and APPROPRIATE $6,266,052 in additional grant funding to the Schools in the FY 2004-05 Operating Budget (i) (ii) (iii) (iv) $3,868,455 from the federal government $2,369,585 from the state $ 28,012 from other sources $ 466,967 from the U.S. Department of Education Office for Safe and Drug Free Schools 6. Resolution CONCURRING with issuance by the Industrial Development Authority of the Town of Mount Jackson, Virginia, of Bank qualified revenue bonds in an amount not to exceed $2,000,000 re Beth Sholom Home of Eastern Virginia for their renovation, expansion and equipping a nursing home 7. Resolution re Town Center Phase III: a. AUTHORIZE the non-binding Term Sheet, dated December 7,2004 between the City, the Development Authority and Town Center Associates, LLC b. REQUEST the Authority adopt a Resolution consistent with this Resolution approving the Term Sheet, authorizing its execution and authorizing the City Manager and the City Attorney, on behalf of the Authority, to proceed with the development of supplemental documents necessary to implement the changes to Phase n and Phase ill as outlined in the Term Sheet c. AUTHORIZE the City Manager and City Attorney to proceed with the development of supplemental documents for the MODIFICATIONS to the Project as outlined in the Term Sheet d. DIRECT the City Manager to return the final supplemental documents for approval by the City Council AND the Authority and for authorization to execute the Phase III Support Agreement so that the Authority can then proceed with the next phase of the Project 8. Resolution AUTHORIZING the City Manager to: a. b. EXECUTE a Mutual Aid Agreement re Emergency Fire Protection Services with the City of Chesapeake EXECUTE the Grant Application with the U.S. Department of Justice re equipment needed for response to the use of weapons of mass destruction CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend the City Code To Establish a Department of Human Services MEETING DATE: December 7,2004 . Background: In February, 2004, the Department of Social Services and the Department of Mental Health, Mental Retardation and Substance Abuse Services were consolidated, along with the Juvenile Detention Center. The proposed ordinance will align the Virginia Beach City Code with the current organizational structure. . Considerations: The existing language in the City Code speaks to the Departments of Social Services and Mental Health/Mental Retardation/Substance Abuse Services. The City Code should reflect the new the consolidation of these departments into the new Department of Human Services. . Public Information: The proposed ordinance reflects organizational changes implemented by the City Manager and discussed by City Council during the FY 05 budget discussions. The proposed ordinance will also be publicized as part of the City Council's agenda. . Recommendation: Approval of the proposed ordinance. Attachments: Ordinance Recommended Action: Adoption /) Submitting DepartmentJA~e~cy: Department Of Human Services ,;/t.£Lt..n City Manager:~ ~, ~ ~ U ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO AMEND THE CITY CODE ESTABLISH A DEPARTMENT OF HUMAN SERVICES TO SECTIONS AMENDED: SECTIONS ADDED: SECTIONS DELETED: §§ 2-75, 2-316, 2-317 and 2-318 §§ 2-319, 2-320, and 2-321 §§ 29-1, 29-2, 29-3, 29-4, 29-16, 29-17, 29-18r 29-19, 29-20, 29-21, 29-22 and 29-23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-75, 2-316 and 2-318 are hereby amended 16 and re-ordained, 2-320 and 2-321 are added and Sections 2-319, 17 Sections 29-1, 29-2, 29-3, 29-4, 29-16, 29-17, 29-18, 29-19, 29-20, 18 29-21, 29-22 and 29-23 are hereby deleted. 19 Chapter 2 Administration 20 Officers and Employees Generally Article III. 21 Section 2-75 22 23 24 25 Service divided into nonmerit and merit services; composition of nonmerit service. (a) The service of the city is divided into nonmerit service 26 and merit service. 27 The nonmerit service shall consist of: (b) 28 Members of the city council and all other elected (1) 29 officials or persons appointed to fill vacancies in 30 elective offices. 31 chief (2) city chief of staff, The manager, the 32 financial officer, chief operating officer, chief 33 information officer, assistants to the city manager 1 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (3 ) ( 4 ) ( 5) (6) (7 ) (8 ) ill ill and all heads of departments or offices who are appointed by the city manager. Constitutional officers and their employees. All appointees of the citý council. Employees of the health department. Employees of the school board. Judges and associate judges of the circuit courts, general district courts and juvenile and domestic relations district courts, and employees of such courts. Employcco of ooci~l ocrvicco. #t- Employees of the agriculture department compensated by the state. -B{t1- The general regis~rar and all assistant registrars. JlQl ~ Employees of juvenile probation. l!!l ~ Members of boards and commissions. (12) ~ Any individual whose relationship with the city arises from or under any express contractual agreement to 53 which such individual is a party or whose position is 54 created by such contract. 55 56 57 58 Comment The existing reference to the social services department is eliminated. (Social Services employees had been treated as merit employees prior to the consolidation of the two departments.) 2 58 59 Article XI. Dcpartmen t of Þkn tal Heal th , Men tal Rctarda tion and Subotance Abuoe Ser~icco 60 Sec. 2 316. Created; compooition. 61 There io hereby cre.::lted .::l dep.::lrtment of ment.::ll he.::ll th, ment.::ll 62 ret.::lrd.::ltion .::lnd oubot.::lnce .::lbuoe oerviceo, .¡hich oh.::lll conoiot of .::l 63 director .::lnd ouch other officero .::lnd employeeo .::lO ffi.::lY be provided 64 by the councilor by the ordero of the city m.::ln.::lger or director 65 conoiotent there~ith. 66 Sec. 2 317. Functiono. 67 The dep.::lrtment of ment.::ll he.::llth, ment.::ll ret.::lrd.::ltion .::lnd oubot.::lnce .::lbuoe oerviceo oh.::lll be reoponoible for the eJrercioe of .::lll ment.::ll 68 69 he.::llth, ment.::ll ret.::lrd.::ltion .::lnd oubot.::lnce .::lbuoe functiono impooed on municip.::llitieo by gener.::ll l.::l~ .::lnd oh.::lll h.::lve ouch other po~ero .::1nd 70 71 dutieo .::10 m.::lY be .::looigned by the council. ~ppointment, po~ero .::1nd dutieo of director. 72 Sec. 2 318. 73 The director of the dep.::lrtment of ment.::11 he.::11th, ment.::11 ret.::lrd.::ltion .::1nd oubot.::lnce .::lbuoe oerJ'iceo oh.::lll be the eJrecuti ve director of the 74 75 communi ty oerviceo bo.::lrd, '.¡ho oh.::lll be .::1ppointed in .::lccord.::1nce <,:i th oection 37.1 197(B) (6) of the Code of Virgini.::1. The director oh.::111 76 77 h.::l~v~e gener.::11 .::1nd control of the oe~Jer.::11 bure.::1uo, ffi.::1n.::1gement 78 divioiono .::lnd other unito of the dep.::lrtment .::1nd oh.::lll h.::lve .::111 the 79 po',/ero .::1nd dutieo, '.;hich .::1re conferred by the community oerviceo 80 bo.::1rd. 81 3 100 101 102 103 104 105 106 107 108 81 82 83 84 85 86 Comment The existing references to the department of mental health, mental retardation and substance abuses services are deleted. 87 DEPARTMENT OF HUMAN SERVICES ARTICLE XI. 88 Sec. 2-316. Created; composition. 89 There is hereby created a department of human services, which shall 90 consist of a director and such other officers and employees as may 91 be provided by the councilor by the orders of the city manager or 92 director consistent therewith. 93 94 95 96 97 98 Comment The department of human services is established. It will peñorm the duties previously assigned to the social services department and the mental health, mental retardation and substance abuse services department. 99 Sec. 2-317. Appointment, powers and duties of director. The director of the department of human services shall be the executive director of the community services board, who shall be appointed in accordance with section 37.1-197(B) (6) of the Code of Virginia. The director shall have general management and control of the several divisions, bureaus and other units of the department, including the juvenile detention center, and shall have all the powers and, duties that are conferred by the community services board. 4 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Sec. 2 - 318 . Es tablishmen t and responsibilities of di vi sion of social services. There is established, within department of human the hereby services, the division of social services, which shall consist of such officers and employees as may be provided by ordinance or by orders or directives consistent therewith. This division shall be responsible for the exercise of all social services functions imposed on municipalities by general law. COMMENT A social services division is erected to perform the duties previously assigned to the social services department. Sec. 2-319 Establishment and responsibilities of division of mental health, mental retardation and substance abuse services. There is established, within department of human the hereby services, the division of mental health, mental retardation and substance abuse services, which shall consist of such officers and employees be provided ordinance by orders or by or as may directives therewith. This . division be shall consistent responsible the exercise all mental health, mental of for retardation abuse services functions imposed on and substance municipalities law provide services in by general and such coordination with the community services board. Comment A mental health, mental retardation and substance abuse services division is established to perform the duties previously assigned to the mental health, mental retardation and substance abuse services department. 5 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Sec. 2-320. welfare. Designation and duties of local board of public Pursuant to section 63.2-304 of the Code of Virginia, the director of human services is hereby designated as and shall constitute the local board of public welfare. The dire~tor shall discharge the duties and functions of such boards as imposed by title 63.2 of the Code of Virginia. Comment State law provides that a local government official may be designated to serve as the local board of public welfare. Sec. 2-321. Creation of social services advisory board; general function; powers and duties. (a) There is hereby created a social services advisory board for the city, which shall consist of five (5) members appointed by the city council. The director of human services shall be an ex officio memberr without any voting privileges. (b) The board shall in an advisory capacity to the act director of human services with respect to the duties and functions imposed by title 63.2 of the Code of Virginia. (c) The powers and duties of the board shall be as enumerated in section 63.2-305 of the Code of Virginia. Comment When a local government official has been designated to serve as the local board of public welfare, state law requires that an advisory board must be created. The Social Services Advisory Board shall consist of five members appointed by the City Council, as well as the director of human services, who shall serve as an ex officio member. 6 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 ARTICLE I. IN CE1TERAL Soc. 29 1. ser....-icc:3 . Establiobmont and compo:3ition of department of aocial There ~h~ll be ~ dep~rtment of ~oci~l ~er7ice~ uhich ~h~ll con~iot of the director of ~oci~l ~erJiceo ~nd .ouch other officer~ ~nd employee~, org~nized in ouch bure~u~, di~i~ion~ ~nd other unit~, ~~ m~y be provided by thi~ Code or other ordin~nce~ of the city or by the order~ of the director conoi~tent there~ith. Soc. 29 2. Ccncral powor:3 and dutie:3 of diroctor of :3ocial lJer.....ico:3 . Subject to the l~\;o of the ot~te rel~ting to public ~ooiot~nce, the director ooci~l ~h~ll h~7e gener~l m~n~gement ~nd of oerviceo control of the ~e7er~1 bure~uo, di7ioiono ~nd other unite of the dep~rtment of ooci~l ~erviceo, including the m~king of rule~ ~nd regul~tiono, conoiotent ,:ith the Ch~rter ~nd the ordin~nceo of the city, for the conduct of ita buoineoo. Scc. 29 3. Do:3igBation and power:3 of citY':3 authorizin§ a§ent for àctermination of cli§ibility of per:3on fer hospitalization at public expon:3e. Purou~nt to the pro7i~iono of ~ection 63.1 139 of the Code of Virgini~, the director of ooci~l oer7iceo, or the parDon ~cting for the director in the director'~ ~boence, io hereby deoign~ted ~nd ~ppointed the ~uthorizing the city to determine the ~gent of eligibility of peroono for hoopit~liz~tion to be furni~hed ,:holly or in p~rt ~t public expen~e. Such ~uthorizing ~gent i~ hereby empo.¡ered to c~rry out the pro7ioion~ of ch~pter : of title 63.1 of 7 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 the Code of Virgini~, .¡hich ch~pter pert~ino to the hoopit~liz~tion ~nd tre~tment of indigent peroono. Sec. 29 4. Deaignation and dutiea of local board of public welfare. rurou~nt to oection 63.1 13 of the Code of Virgini~, the director of ooci~l oer7iceo io hereby deoign~ted ~nd oh~ll conotitute the loc~l bo~rd of public Helf~re. The director oh~ll dioch~rge the dutieo ~nd functiono impooed upon him by title 63.1 of the Code of Virgini~. ARTICLE II. SOCIAL SERVICES ADVISORY BOARD Sec. 29 16. Definition. lì.o uoed in thio ~rticle, the term "bo~rd" me~no the ooci~l oer7iceo ~d~ioory bo~rd cre~ted by thio ~rticle. See. 29 17. Created. There io hereby cre~ted ~ ooci~l oer~iceo ~d7ioory bo~rd for the city. Sec. 29 18. Campoaition; appointment of mcmbera. The bo~rd oh~ll conoiot of fi~e (5) membero ;¡ho oh~ll be ~ppointed by the city council. The director of ooci~l oer7iceo oh~ll be ~n eE officio member, '.:i thout ~ny 7oting pri 7ilegeo. See. 29 19. Te~a of mcmècra; l~itation on acr~ice. (~) Initi~lly, membero of the bo~rd oh~ll be ~ppointed for à ~ There~fter, membero oh~ll be ~ppointed for termo ot~ggere ermo. fl ~ th~t ~ppointmento to fill 7~c~ncieo of four (4) ye~ro e~c , e1ccep 8 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 oh.:lll be for the une]{pired term:J. l'.ppointmento :Jh.J.ll be m.J.de on the firot d.J.Y of July of e.J.oh ye.J.r for pooitiono th.J.t termin.J.ted .J.t the end of the prior ye.J.r. (b) No per:Jon oh.J.ll :Jer;e .J.O .J. member of the bo.J.rd for more th.J.n t~o (2) conoecuti~e terma. Sec. 29 20. Election of chairman and ~ice chairman; quorum. The bo.J.rd oh.J.ll elect ita o~n ch.J.irm.J.n. The bo.J.rd oh.J.ll elect ito o~;n vice ch.J.irm.J.n ohould it deem ouch neceoo.J.ry. ~ m.J.jority of the mernbero of the bo.J.rd preoent :Jh.J.ll con:Jtitute .J. quorum for the tr.J.n:J.J.ction of bu:Jine:J:J. Sec. 29 21. Meetingt). The bo.J.rd oh.J.ll meet .J.t le.J.:Jt bimonthly. In .J.ddition to regul.J.rly :Jcheduled meetingo, the bo.J.rd m.J.Y meet .J.t the o.J.ll of the ch.J.irm.J.n or on petition of one h.J.lf (1/2) of it:J meHlbero. Sec. 29 22. Ceneral function. The bo.J.rd oh.J.ll .J.ct in .J.n .J.d~ioory c.J.p.J.city to the director of ooci.J.l :Jer~iceo ~:ith re:Jpect to the dutieo .J.nd function:J impo:Jed upon him by title 63.1 of the Code of Virgini.J.. Sec. 29 23. Powers and dutiet). The po',:ero .J.nd dutie:J of the bo.J.rd :Jh.J.ll be .J.:J enumer.J.ted in :Jection 63.1 43.1 of the Code of Virgini.J.. Comment The existing provisions of chapter 29 are deleted. The provisions are now contained in City Code §§ 2-318, 2-320, 2-321, and 2-322. 9 249 250 251 252 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9152 OID/ordres/Human Services Ord.doc R8 - November 23, 2004 APPROVED AS TO CONTENTS: AMtuJ) ¡J~ City Manager APPROVED AS TO LEGAL SUFFICIENCY: 6o¿pcçr. 10 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Amendments to the Chesapeake Bay Preservation Area Ordinance MEETING DATE: December 7,2004 . Background: An Ordinance to amend Sections 103, 104, 106, 107 108, 109, 110 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach. . Considerations: In May 2004, the Chesapeake Bay Local assistance Board (CBLAB) found the City to be in compliance with the requirements of the State Regulations in regard to the Chesapeake Bay preservation Area Ordinance with minor revisions as detailed in the "Comment" sections of the attached ordinance draft. These revisions must be adopted as part of the ordinance to ensure that the Chesapeake Bay Preservation Area Ordinance is in compliance with the State Regulations. The Planning Commission placed this item on the consent agenda because the amendments are necessary to ensure compliance with state regulations, Staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a unanimous motion by a vote of 11-0 to approve the amendments. . Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. $ubmitti ng Department/Agency: Planning Department~ City Manager: r~' en &'I"l.- ... .... ",", ¡.~ Y¡;... ~... ~";::' ~Z:.' :>.J ;; . ; ~¿; "::j ;~J CITY OF VI RGI N IA BEACH Agenda Item # 11 November 10, 2004 Public Hearing The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. An Ordinance to amend Sections 103,104,106,107,108,109,110 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach. In May 2004, the Chesapeake Bay Local assistance Board (CBLAB) found the City to be in compliance with the requirements of the State Regulations in regard to the Chesapeake Bay preservation Area Ordinance with minor revisions as detailed in the "Comment" sections of the attached ordinance draft. These revisions must be adopted as part of the ordinance. Staff recommends approval of the amendments. The amendments are "housekeeping" in nature and will bring the City into full compliance with the Chesapeake Bay Local Assistance Board. CITY OF VIRGINIA BEACH Agenda Item 11 Page 1 1 2 3 4 AN ORDINANCE TO AMEND SECTIONS 103, 104, 106, 107, 108, 109 and 110 OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE OF THE CITY OF VIRGINIA BEACH 5 6 7 SECTION AMENDED: Chesapeake Bay Preservation Area Ordinance (City Code Appendix F) Sections 103, 104, 106, 107, 108, 109 and 110 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 103, 109 and 110 of the 106, 107, 108, 104, 12 Chesapeake Bay Preservation Area Ordinance are hereby amended and 13 reordained, to read as follows: 14 15 See. 103. Definitions. 16 The following words and terms used in this ordinance shall 17 have the following meanings, unless the context clearly indicates 18 otherwise. 19 . . . . 20 ¡'{z;¿ tcrbodico ¡Ii th pcrcnniz;¿l flm.'. Any '..T.J.ter body depicted .J.O 21 perenni.J.l b.J.oed upon (i) the moot recent U.C. Ceologic.J.l Curvey 7 22 1/2 minute topogr.J.phic qu.J.dr.J.ngle ffi.J.p(oc.J.le 1.21,000), or (ii) uoe 23 of ocientific.J.lly of in field indic.J.toro of ~vT.J.l id oyotem .J. 24 perenni.J.l flm; fR.J.de or confirmed by the City H.J.n.J.ger. 25 . . . . 26 COMMENT 27 28 29 30 In May 2004, the Chesapeake Bay Local Assistance Board (CBLAB) found the City to be in compliance with the requirements of the State Regulations in regard to the Chesapeake Bay Preservation Area Ordinance with the following minor revisions. 1 31 32 33 34 35 36 37 38 39 40 41 42 43 In this amendment, no definition was required, so it was removed. Sec. 104. Areas of Applicability. . . . . (D) The Chesapeake Bay Preservation Area Map shall delineate the general locations of Resource Protection Areas and Resource Management Areas. The City Manager shall have the final authority in cases of uncertainty to determine the extent of Chesapeake Bay Preservation Areas by application of the criteria set forth in this section. Site-specific determination shall be made by or confirmed by the City for all proposed development. 44 COMMENT 45 46 47 48 This amendment clears up any ambiguity that may exist and makes clear that the City has the final determination for the extent of the Resource Protection Areas, through site-specific determinations. 49 50 Sec. 106. Perfo~ance standards. 51 . . . . 52 A. General performance standards for development and 53 redevelopment. Except as otherwise provided herein, the 54 following standards shall apply to all development and 55 redevelopment in both Protection Areas and Resource 56 R,=source Management Areas of the Chesapeake Bay 57 Preservation Area: 58 59 (7 ) critcri.::l for dcv~c I opmcn t Ctorm'.J.::ltcr m.::ln.::lgcfficnt 2 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 oh:Ül redc.Tlopment. Stormwater the water etpply to etny 3-20-71 et. management criteria with Management Regulations (4 VAC 3-20) shall be satisfied. The development be allowed in consistent quali ty protection provisions ( 4 VAC following stormwater management options shall be may Protection Area only if such development Seq. ) Virginia Stormwater of the deemed comply such criteria and to with management which shall regulations: (b) with stormwater by the the Compliance program adopted the City, Quality the by include permit issued to storm sewer a VPDES system discharges that has been reviewed and dependent, (ii) constitutes redevelopment, (a) Department of Environmental City for municipally-owned found by the Btette Wetter Control Chesapeake A water quality impact assessment its Bay Local Assistance Board to achieve water quality protection equivalent to that required by this subsection; and (B) Development criteria for Resource Protection Areas. (1) Land 3 the Resource (i) is water (iii) . in accordance 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 (5) 102 103 104 105 106 107 108 109 (e) with Section 110(C) 107(C) of this ordinance shall be required for any proposed land disturbance. . Flood control and stormwater management facilities that drain or treat water from multiple development projects from significant portion of a or a watershed may be allowed in Resource Protection Areas, provided that: 3. The facility is consistent with a stormwater management program approved by the Dcp~rtmcnt of Bnvironmcnt~l Qu~lity Chesapeake Bay Local Assistance Board as a Phase I modification to the City's program; Permitted modifications in the buffer area. (b) On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area, and appropriate be to prevent taken measures may noxious weeds invading buffer area. the from Agricultural activities encroach the may into buffer area as follows: 4 110 111 4. 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 If opeeifie problema ~re identified pert~ining to ~grieultur~l ~ctivitieo th~t ~re c~uoing pollution of the ne~rby .,J~terbody ',;i th perenni~l flm; viol~te perform~nce or ot~nd~rdo pert~ining to the veget~ted buffer ~re~, the City, in cooper~tion ~ith Virgini~ D~re £oil ~nd W~ter Conoerv~tion Diotrict, oh~ll recommend ~ compli~nce ochedule to the l~ndo..;ner ~nd require problema be the to corrected conoiotent ~ith th~t ochedule. Thio ochedule oh~ll ~xpedite en~v?ironment~l protection .,Jhile t~Jcing into the ~ccount oe~oono ~nd other tempor~l conoider~tiono 00 th~t the probability for oucceoofully implementing the correcti ~v?e io me~oureo gre~teot. 5. In c~oeo ..;here the l~ndmmer or hiD ~gent or oper~tor h~o refuGed ~ooiot~nce from the Virgini~ £oil Conoerv?~tion ~nd W~ter D~re Diotrict in complying ',:i th documenting or compli~nce \;ith the ~gricultur~l requiremento of thio ordin~nce, the Diotrict oh~ll report the noncompli~nce to the Ci ty H~n~ger. The Ci ty Þ1~n~ger ohall require the l~ndmmer to 5 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 correct the problem~ ~ithin ~ opecified period of time not to exceed eighteen (18 ) montho from the initi:Ü notific~tion of the deficiencieo the l~ndo'y;ner . The City to Þbn.J.ger, cooper.J.tion ~ith the Diotrict, In oh.J.ll recommend .J. compli.J.nce ochedule to the l.J.ndo',;ner. Thio ochedule oh.J.ll expedite environment.J.l protection 'y¡hile taking into .J.ccount the .J.nd other tempor.J.l oe.J.oono conoider.J.tiono th~t the prob~bility for 00 oucceoofully implementing correcti ~vT the me.J.oureo io gre.J.teot. 6. quality impact assessment. A water Water quality impact assessment shall be required for any proposed land disturbance, development or redevelopment within the Resource Protection Area consistent with this Section and for any other development in Chesapeake Bay Preservation Areas that may warrant such assessment because of the unique characteristics of the site or intensity of the proposed use or development. COMMENT The first sentence of A (7) (lines 59-60) has been removed. On lines 75-76 and 95-96, CBLAB has assumed the authority for the functions referenced from the DEQ and the State Water Control Board. 6 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 On line 85, the reference to Section 107 has been changed to Section 110. The deleted sections (lines 111-146) are not required to be part of the revisions, so they have been deleted. For clarification, "development" (line 149) is added to the land disturbing activities that will trigger the requirements for a water quality impact assessment. Sec. 107. Plan of development process. (B) Administrative of development process. variance plan Except otherwise herein, plan of as provided the development development or for any use, process redevelopment Chesapeake Preservation Area in a Bay requiring an administrative variance shall consist of a site plan meeting the applicable requirements of the Site Plan Ordinance (Appendix C), unless deemed unnecessary by the City Manager, whi ch shall contain the plans and information identified below: (10) Identification of the Resource Protection Area. ( C) Water Quality impact assessment. A water quality impact assessment shall be required (i) for land disturbance, development or use, any redevelopment within a Resource Protection Area; COMMENT For clarification, a requirement to add the RP A identification to the plan submitted for an administrative variance was added (line 183). 7 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 For clarification, "land disturbance" (line 187) is added to the activities that will trigger the requirements for a water quality impact assessment. Sec. 108. Nonconforming buildings and structures. (A) Any use, building or structure which lawfully existed on the date of adoption of this ordinance and which is in not conformity with of the provisions of this any one or more ordinance, and any use, building or structure which lawfully exists on the date of adoption of any amendment to this ordinance and which is not in conformity with such amendment, shall be deemed nonconforming. (B) Nothing in this Section shall be construed to prohibit the reconstruction or restoration of any nonconforming building or structure which is destroyed or damaged by reason of casualty loss, provided that the area encompassed by such building or structure, as reconstructed or restored, is not extended or enlarged. ( C) A principal structure on a legal nonconforming lot may be expanded under the Administrative Variance procedures of Section 110(B) of this ordinance provided that: (1) There is no net increase in nonpoint source pollutant load; and (2) Any development or land disturbance exceeding 2,500 square feet complies with all erosion and sediment control requirements. COMMENT This amendment clarifies the requirements for the expansion to an existing principal structure. 8 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 Sec. 109. Exemptions. (A) Exemptions for public facilities. (1 ) . Exemptions for public roads shall also be subject to the following conditions: ( a) and The road alignment are optimized and design consistent with other applicable requirements to prevent or otherwise minimize (i) encroachments into Resource Protection Areas (ii) on water effects adverse and quality. (b) Such appurtenant structures shall include, but are not limited to, guard rails, dr;:¡,in;:¡,gc bridges, cuI ~v~crto, f;:¡,cilitico, lighting and traffic-control devices, fences and berms. COMMENT The deleted facilities are more clearly defined as stormwater facilities. Sec. 110. Variances. (B) Administrative variances. . . . Administrative variances maybe granted only for uses, development or redevelopment described in: (1 ) Section 106 (B) (2) passive recreation for water wells, facilities and historic preservation and archaeological activities; (2 ) Section 106(B) (4) for lots recorded prior to October 1, 9 246 247 248 249 250 251 252 253 254 255 256 257 258 1989 or between October 1, 1989 and January 1, 2004 where application of the buffer requirement would result in the loss of a buildable lot and meet the criteria enumerated¡ (3 ) Section 106(B) (5) for sight lines, access paths, general woodlot management and best management practices¡ and (4) Section 108 for additions to nonconforming principal structures. COMMENT For clarification, the word "principal" is added to make clear an administrative variance can only be for an addition to a nonconforming principal structure. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. CA-9307 OIDjordersjproposedjchesbayrevord2.doc R2 October 8, 2004 APPROVED AS TO CONTENTS: ~ to,(2--ð 4 Planni~Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's 10 Item #11 City of Virginia Beach - Chesapeake Bay Ordinance An Ordinance to amend Sections 103, 104, 106, 107, 108, 109, and 110 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach November 10, 2004 CONSENT William Din: The next item is Item #11. This is the City of Virginia Beach- Chesapeake Bay Ordinance. This ordinance is to amend Sections 103, 104, 106, 107, 108,109 and 110 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach. Mr. Scott is the City's representative. Is there any objection to placing this on consent? Robert Scott: Just a brief comment on the purpose. This is brought to us by the Chesapeake Local Assistance Board. We are making, what I think is a series of perfunctory changes without a great deal of impact. A couple of definitions are changed. The function of the Board has been changed a little bit. The ordinance adjustments are just to recognize those changes that have been made. We will continue to go about our business as we have in the past and this ordinance will satisfy some of the requests made of us by the officials at the State level. William Din: Thank you Mr. Scott. I'd like to make the following recommendation. I'd like to move that the following item be placed on consent. Item #11 City of Virginia Beach - Chesapeake Bay Ordinance. Dorothy Wood: Do I hear a second? Barry Knight: Second. ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 11 NAY 0 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, Item #11 has been approved for consent. ,.~~ø r"'~l~' "~1 "'1'. -"~Ç., fSf m (.;- :.> \<.;'" U1 ':.~"..'~ ~,,':. 'i:~.:;;';" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance To Amend Chapter 31 of the City Code, (Civil Penalties for Certain Violations; Collection of Tree Limbs and Debris from Tree Removal Activity) MEETING DATE: December 7,2004 . Background: By long standing policy and code, the Waste Management Division of the Public Works Department provides yard waste collection services that includes the collection of bags of grass and leaves, and tree and shrubbery trimmings from pruning less than six inches in diameter, in 4 x 4 x 4 feet piles. It does not provide collection of any tree removal debris at the street except in the case of a declared emergency for which the city is eligible for federal/state reimbursement of such removal costs. Residents can reserve a yard debris container for tree removal debris provided the limbs do not exceed six inches in diameter. Often residents and/or contractors place large logs and piles at the street from tree removal, expecting the city to pick them up. The department is not budgeted for this type of service. With the experience of small storms, which are not declared emergencies, this practice has increased. In addition, the 2003 General Assembly enacted legislation to allow the imposition of civil penalties for violations of ordinances pertaining to trash collection. The City Code does not presently provide for civil penalties for such violations. . Considerations: The attached ordinance provides for the imposition of civil penalties for the violation of City Code Sections 31-26 (pertaining to the types of items which may be placed in receptacles), 31-28 (pertaining to placement of receptacles at the curb for collection), and 31-33 (pertaining to the collection of tree removal debris). It also establishes a procedure for the handling of violations of the ordinances. If adopted by the City Council, such violations would no longer be deemed criminal in nature. The amendments to Section 31-33 require the owner/occupant or contractor to be responsible for the disposal of tree removal debris and prohibits placement of such debris on the City right-of-way except in an emergency or as allowed by City Code Section 31-35 (which provides for rental of City yard waste containers). It also provides a procedure for enforcement of the ordinance. . Public Information: The public will be notified through the normal agenda notification process. Notices will also be mailed to contractors and distributed by field staff when observing tree removal activity. A notice will be placed in the Virginia Beach Beacon and on VBTV. Office staff will provide information when receiving requests from residents. . Alternatives: The City could add additional resources to provide tree removal debris collection, the cost of which is estimated to be at least $425,000 for startup equipment, with ongoing costs of $75,000 for personnel and operating expenses. The City could also contract for the services, estimated to costs $1,500 to $2,500 per collection location, depending on volume. Based on trends, this cost could amount to $150,000 per fiscal year. With respect to the portions of the ordinance relating to civil penalties, the City may continue to enforce the subject ordinances as criminal in nature. The imposition of civil penalties in lieu of criminal prosecution has been successful in other contexts, however, and has proven to be an effective and efficient method of enforcement. . Recommendations: Adopt proposed ordinance. . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Department of Public Works; Department of Housing and Neighborhood Preservation 1 ?NJ rs?1.. City Manager:~ L I '-" \) 1--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO AMEND CHAPTER 31 OF THE CITY CODE BY ADDING A NEW SECTION 31-3.1 (CIVIL PENALTIES FOR CERTAIN VIOLATIONS) AND BY AMENDING SECTIONS 31-1 (DEFINITIONS), 31-2.2 (ISSUANCE OF SUMMONSES), 31- 26 (RECEPTACLES GENERALLY), 31-28 (POINTS OF COLLECTION) AND 31-33 (PREPARATION OF YARD TRASH, ETC. FOR COLLECTION) Section Added: City Code Section 31-3.1 Sections Amended: City Code Sections 31-1, 31-2.2, 31-26, 31-28 and 31-33 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 31 of the Code of the City of Virginia Beach is 18 hereby amended and reordained, to read as follows: 19 CHAPTER 31. SOLID WASTE 20 Article I. IN GENERAL 21 22 23 24 Sec. 31-1. Definitions. The following definitions shall apply in the interpretation 25 and enforcement of this chapter: 26 . . . . 27 Tree removal activity means the removal of trees wholly or 28 partially felled or damaged by storm, disease or other natural 29 causes, as well as the cutting down and removal of standing trees; 30 Tree removal contractor means any person, firm, corporation or 31 other entity activity for regularly performing tree removal 32 monetary or other consideration. 33 34 . . . . 35 36 37 38 39 40 41 42 43 44 45 46 47 48 COMMENT The amendments add definitions of the terms "tree removal activity" and "tree removal contractor. " . . . . Sec. 31-2.2. Same Notice of violation, summons - Method of issuance. (a) Upon finding or observing a violation of any of the 49 provisions of this chapter, the inspector, assistant fire marshal 50 or police officer shall issue a notice for ~ of violation to the 51 occupant or other person causing or permitting owner, operator, 52 such violation. £ervice of the notice of viol~tion oh~ll be by 53 delivering ~ copy of the notice to ~hom it io directed in peroon. 54 Ba4à Such notice shall contain set forth the date and nature of the 55 violation, including a citation of the city code section violated,7 56 Addition~lly, o~id notice and shall require the immedi~te ceoo~tion 57 of the viol~tion ~nd oh~ll provide for specify the time within 58 which reæedi~l me~oureo ~re to be t~Jcen to correct o~id the 59 violation shall be corrected. Service of the notice shall be by 60 personal delivery to the person causing or permitting the violation 61 or, H if the p~rty person cannot be found, ~ posting of the 62 notice in a conspicuous location upon the land or premises aHà 63 notice m~iled by firot cl~oo mùil to the l~ot ]mo;m ~ddreoo of the 64 peroon to '..hom it io directed oh~ll be deemed ~dequ~te under thio 2 65 ch.J.pter. 66 Upon f.J.ilure to If the person so served fails to comply with a 67 the notice of violation, a summons shall be issued against and 68 served on the p.J.rty such person directing him to appear before the 69 general district court, on the date and at the time specified in 70 the summons, to answer for the violation alleged.!... the date and 71 nature of which shall be forth in the provided, set summons; 72 however, that the procedure in cases of violations of 3ections 31- 73 26, 31-28 and 31-33 shall be in accordance with the provisions of 74 section 31-3.1 of this chapter. 75 (b) In any case where an inspector, assistant fire marshal or 76 police officer observes a violation in progress, a summons may be 77 issued against and served on the person committing the violation 78 directing him to appear before the general district court without 79 the necessity of issuing a notice of violation. 80 COMMENT 81 82 83 84 85 86 87 The amendments are intended to clarify the section's provisions relating to the issuance of notices for violations of the chapter. In addition, the amendment separates violations of Sections 31-26, 31-28 and 31-33, which are treated as civil (non-criminal) violations from other violations of Chapter 31. Sec. 31-3. Violations of chapter. 88 Unless otherwise specifically provided, a violation of any of 89 the provisions a of this shall èonstitute class chapter 1 90 misdemeanor. In any case where building and construction materials, 91 hazardous waste, or refuse is deposited, transported, transferred 3 92 93 94 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 or stored in or upon any public or private property in the city without acquiring all permits under applicable city, and state, federal laws, the mere cessation of such activities shall not be 95 deemed sufficient to correct the violation. Said violation shall 96 not be deemed corrected until such time that all required permits 97 and approvals have been obtained or until such time as the building 98 and construction materials, hazardous waste or refuse have been 99 removed from the subj ect property and disposed of in a lawful manner. In addition to and not in lieu of the penalties prescribed in this section, the city may apply to the circuit court for an injunction against the continuing of of the violation any provisions of this chapter and may seek any other remedy authorized by law; provided, that theassessment of a civil penalty for any violation shall preclude the institution of a criminal prosecution for the same violation. COMMENT The amendment provides that the imposition of a civil penalty precludes the institution of a criminal prosecution for the same violation. Under the current ordinance, however (which the amendment does not change), the City may file a civil suit for an injunction as well as seek civil penalties. Sec. 31-3.1. Civil penalties. (a) Any person who violates the provisions of section 31-26 or section 31-28 of this chapter shall be assessed a civil penalty in of twenty-five dollars ($25.00) first for the the amount 4 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 violation and fifty dollars ($50.00) for each subsequent violation, and any person who violates section 31-33 shall be assessed a civil penalty in the amount prescribed therein. Each day during which the same violation is found to have existed shall constitute a separate offense. (b) Except as provided in section 31-33 (e), no civil penalty shall be assessed without first issuing a notice of violation in the manner specified in section 31-2.2 to the owner, operator, occupant or other person causing or permitting such violation. (c) Any person issued a civil summons for a violation may make an appearance in person or in writing by mail to the City Treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such person shall be informed of his right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment a scheduled of If charged with court. a person violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. In any trial for a violation, it shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or 5 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 finding of liability shall not be a criminal conviction for any purpose. COMMENT The amendments allow the imposition of civil penalties for violations of Sections 31-26 (requiring refuse to be collected by the City to be stored in proper receptacles) and 31-28 (prescribing the times during which refuse receptacles may be placed on the curb for collection). The amendments also set forth the procedures by which notices of violation and civil summonses are to be issued and served and by which alleged violations may either be admitted or contested in court. . . . . Sec. 31-26. Receptacles generally. All refuse to be collected by the city shall be stored in proper receptacles between times of collection. Except in those areas serviced by automated collection equipment, such receptacles shall be metallic or plastic, with a capacity of not more than thirty-two (32) gallons or a total weight of not more than fifty (50) pounds. Any automated refuse receptacle serviced by the city shall filled to exceed two hundred not be (200) pounds total weight, and all refuse therein must fit inside the receptacle. Refuse may be placed in plastic or polyethylene bags which meet the standards set by the city manager or his designee. Each receptacle shall have a tight-fitting cover, and each bag shall be tightly secured. The cover of any receptacle shall be kept on at all times except when the receptacle is being filled, emptied or cleaned. Animal waste, ashes and special refuse items shall be disposed of in the manner set forth in section 31-7 of this chapter. Any areas 6 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 serviced by automated collection equipment shall use automated refuse receptacles and containers for recyclables as approved by the ci ty manager his designee. All garbage or receptacle or material shall be placed within the automated refuse receptacles. No hazardous waste, refuse, cont.J.giouo dioe.J.oe refuGe medical waste, or any other refuse or nonrecyclables shall be placed in any container for recyclables used for collection by the city or a city contractor. No other types of receptacles are permitted for use in the automated collection areas. Exceptions to these requirements may be made by the city manager or his designee. Only yard waste containers or yard waste receptacles as defined in section 31-1 of this chapter shall be used for yard waste. A maximum of twenty-five (25) yard waste receptacles shall be collected per residence on any given collection day. COMMENT The amendment to this section changes the term "contagious disease refuse" to "medical waste" in the enumeration of items that are not permitted to be placed in containers for recyclables. Sec. 31-28. Points of collection. (a) Privately owned residential refuse receptacles~ including automated refuse receptacles and containers for recyclables, oversized household trash and bulky items such as refrigerators, water heaters, appliances, washing machines, other household furniture, mattresses and similar items, the contents of which are to be collected by the city or a city contractor, shall be placed 7 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 on the curb line of a city right-of-way no earlier than 5:00 p.m. on the day before collection and by 7: 00 a.m. on the day of collection. All receptacles must be removed out of view of the public after collection the day of collection, except on as otherwise designated by the city his designee. manager or Containers for recyclables provided to townhouses shall be removed out of on the view of public day of the after collection collection. Except as otherwise set forth in this subsection, automated refuse receptacles and containers for recyclables that are not removed from public view on the day of collection may be removed by the city and taken into temporary custody with posted written notice to the property owner as to the location of the containers and the procedure for reclaiming such containers. Some residents serviced by automated be collection equipment shall required to place the automated refuse receptacles on the opposite side of the street from their house. (b) Mobile containers in the resort collection zone may be placed on the curb line of a city right-of-way by 6:00 a.m. on the day of collection. The collection of refuse from any mobile or bulk container by a private contractor in the resort collection zone between April 15 and October 15 of each year shall be restricted to between the hours of 6:00 a.m. and 10:00 a.m. daily. Any mobile container in the resort collection zone placed on the curb line of a city right- 8 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 of-way between April 15 and October 15 must be removed from said right-of-way no later than 10:00 a.m. If mobile containers are not removed by that time, the city may remove them and take temporary custody of such containers with posted written notice to the property owner as to the location of the containers and the procedure for reclaiming such containers. (c) his may authorize the city manager or designee The placement of mobile containers outside of the resort collection zone on the curb line of a city right-of-way for collection by a private contractor where to and the servicing of such access containers from commercial is or impossible the property impracticable because of the size or physical constraints of the property. In such cases the mobile container may be placed on the curb line of a city right-of-way by 6: 00 on the day of a.m. collection. Such mobile containers shall be removed out of view of the public immediately after collection. (d) The city will not make refuse collections on private property. (e) Except as set forth in subsections (b) and (c) of this section, refuse receptacles, mobile containers and bulk containers used by commercial establishments and serviced by private refuse collectors shall not be placed on any street or city right-of-way for collection. Unless otherwise authorized by the city manager or his designee, collections shall be made directly from the all 9 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 premises of the customer and any emptied receptacles or containers shall be returned directly to such premises. COMMENT The amendment clarifies the intent of the section by specifically including bulky items among those items which may not be placed at the curb for collection outside of the specified hours. Yard waste receptacles, such as clear plastic bags, are not included in such items, and are therefore not subject to the restrictions. . . . . See. 31-33. Storage or preparation of yard shrubbery, etc., for collection. trash, limbs, (a) Yard waste storage. Yard tr~oh waste may be stored for collection by the city in approved yard waste receptacles aflà or yard waste containers as described in this chapter. Any yard tr~oh waste that cannot be put in an approved refuse receptacle shall be handled as described in subsection (b) of this section. (b) Restrictions on yard waste material. All limbs, branches, shrubbery and hedge trimmings generated from normal pruning, to be collected by the city shall be cut into lengths not to exceed four (4 ) feet and shall be curbline stacked neatly by the for collection. Stacks ohould shall not exceed four by four by four (4 x 4 x 4) feet, shall contain no material greater than six (6 ) inches in diameter, and shall contain no debris generated as a result of tree removal activity. No more than one 9He pile per week per residence shall be collected. If such material is not prepared for collection as herein required, its disposal shall be the responsibility of the owner or occupant of the premises. 10 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 (c) Violations. Except as provided in section 31-35 or as allowed by the City Manager in cases of declared emergency, any property owner, tenant or occupant who places, or causes to be placed, any debris generated by tree removal activity on any public street, alley or right-of-way, including the area between the paved portion thereof and abutting property line, and who fails to remove such debris within the time prescribed in notice the issued pursuant to section 31-3.1 of this chapter shall be subject to a civil penalty in the amount of One Hundred Dollars ($100.00) for each day that the violation continues after the date specified in the notice. (d) Summons; procedure. In the event of a violation of any of the provisions of this section, the owner, tenant or occupant of the subject property shall be notified of such violation in the manner provided in section 31-2.2 and directed to remedy the violation within a reasonable time specified in the notice, but not less than forty-eight (48) hours. If the person so notified fails or refuses to comply with the notice of violation within the time specified, or such extension of time as may be authorized by the City Manager or his designee, the Code Enforcement Administrator of the Department of Housing and Neighborhood Preservation or his designee may issue a civil summons for a violation. In such event, further proceedings shall be in accordance with section 31-3.1 (c). 11 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 (e) Special provisions for tree removal contractors. The provisions of subsections (b) ¡ (c) and (d) hereof shall apply to tree removal any that violation contractors¡ of the except provisions of this section by a tree removal contractor shall be subject to a civil penalty in the amount of Five Hundred Dollars ($500.00) for an initial violation and each day thereafter that a violation continues¡ and a civil summons may be issued against such a contractor without the prior issuance of a notice of violation. COMMENT The amendments provide as follows: The changes to subsection (a) are stylistic in nature. Subsection (b) provides that tree limbs, etc., which are placed on the curbline for collection shall not exceed 6 inches in diameter, and shall contain ill! debris from tree removal activity. This amendment is intended to clarify existing procedures. Other changes to subsection (b) are stylistic in nature. Subsection (c) provides that it is a violation to place debris generated by tree removal activity in a public right-of-way (including the area between the paved portion and an abutting property line). Two exceptions are made: first, for cases in which the City Manager has declared an emergency, and second, for disposal of yard waste pursuant to City Code Section 31-35 (which allows disposal of yard waste placed in approved City yard waste containers). The amendments also prescribe the amount of civil penalties applicable to violations and provide that violators are subject to civil penalties for each day that a violation continues after the date on which the notice of violation orders it to be remedied. Subsection (d) sets forth the procedures for enforcement of the ordinance against a violator. In the event of a violation, the owner, tenant or occupant of the subject property is to be given notice of the violation and a reasonable time (with a minimum of 48 hours) to correct the violation. In the event the violator fails or refuses to comply with the notice, he is to be served with a civil summons to appear for trial in General District Court. An admission of liability or finding of liability is not a criminal conviction for any purpose. Subsection (e) sets forth special provisions pertaining to violations by tree removal contractors. The civil penalty is in the amount of $500.00 and no notice of violation need be issued prior to the issuance of a summons. The remedies set forth in the ordinance for violations of this section are not exclusive. City Code Section 31-3 allows the City to apply to the Circuit Court for an injunction against the 12 337 338 339 340 341 342 continuing violation of any of the provisions of Chapter 31, including this section, and to seek any other remedy authorized by law. Adopted by the City Council of the City of Virginia Beach, Virginia, on the ---- day of , 20 CA-8927 OID\ordres\chapter31ordin.doc R-5 December 1, 2004 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: .uJ~ I Public Works D Dep tment of Hous and Ne'ghborhood Preservation City Attorney's Office 13 lANOOF PROMI.SE I I I I I I I I I I oS c: II cB !I ! ... ~ ~I s . 8 4. 16 mi ~ MAPCC)1984-200 > N~ H;::AR I AN Prepared by: Thomas Tye & Assoc. 757424 4125 I I I I I ~£:¡'I:'L ~~~:'i2. /"'d".'1... "":~..%' pf:! 8 ~1', \~k. ':!J) 'C.' ,,~~J ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $236,589 (Property of Barry D. & Paula W. Knight) MEETING DATE: December 7,2004 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 77.57 acres outside of marshland or swampland. It is owned by Barry D. and Paula W. Knight. Under current development regulations, there is a total development potential of eight (8) single-family dwelling building sites, four (4) of which would be reserved for future development as 3-acre building sites. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Head of River Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $236,589. This price is the equivalent of approximately $3,050 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.50% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.50% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ¥ City Manager. ~ V- \~ 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $236,589 the Agricultural Lands Preservation WHEREAS, pursuant to 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $236,589; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through acquisition a of perpetual agricultural land the 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 32 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Purchase Installment 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 4.50% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 6.50% unless the approval of the 43 City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City expressly the Council hereby approves 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that are no defects in title to the there 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 2 54 and deliver the Installment Purchase Agreement in substantially the 55 form and approved with minor substance as hereby such same 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by issuance delivery the Installment the and of 63 Purchase Agreement. 64 The City Council hereby elects to issue the indebtedness 4. 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majority of all 71 members of the City Council. 72 73 Adopted Council of Virginia Beach, the City of by the 74 Virginia, on this day of , 2004. 75 76 77 78 79 80 CA-9444 H:jOIDjOrdinjARPmattersjknightordin.doc R-1 November 17, 2004 3 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 APPROVED AS TO CONTENT: ~~~ ' /Agricultur Department APPROVED AS TO LEGAL City Attorney's CERTIFIED AS TO AVAILABILITY OF FUNDS: QtN-ð^- Û ~ Director of Finance 4 ENCY: AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2004-61 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, BarryD. and Paula W. PROPERTY LOCATION: Head of River Road, Princess Anne District PURCHASE PRICE: $236,589 EASEMENT AREA: 77.57 acres, more or less DEVELOPMENT POTENTIAL: 8 single-family dwelling sites (4 of which are reserved for future development) DURATION OF EASEMENT: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.50% (actual rate to be detennined when STRIPS are purchased prior to execution ofIP A). Rate may not exceed 6.50% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA. / ~'----I --- --:0 n--C.l__.~ -------------------------- --- ----E-- ------- I --------) --- - -r--c¡i;]--l¡ , "-, I I I /cl=:;;;1 ~-,:;-~;-=~~~---~~~-~=I "~\ I - )). __I - - ---.-J I I f I \ I i I~Tl II r----! I , :i 1 I , Ii' ! Ii ¡ I lir--J I ,i, i! L 11 1\\' I i \ \~ I I ~ I~~\ ¡-,," \- \- Î \ 1__.1' \ , c:C:;~':~\:C-7:~,,-J_j/ ~ 0) - - CO I- 0) .- C C 0 CC oð C) .- CO ~ () -- --' ---' -- - .-- - \ - , / ---J ì ~I ~~ -- ! '" "\" r '\' \ \ , '\ ,\ I ,\ I ,," I ' I I \ i \l II Z Ii ',I Ii I ! "jJ I I I I i ,I 1 I \ Ll I -¡ I ' I I ---.J i :2 « ~ ~ -- ..- ..- -.; ' a a N oi ..- - (f ~ C> ~ « :>. ro "C (f ..... ~ .J:: I- ,.. ~a£.~~ ~~~. (9~.'. .¡.:-.".';~1 ,EE: .. ;:.:, ("'; ;;:, (:~-:=- ::J n.; ~¿~ l.:,,"'.-~"""-'" "",'~.~J ~J' '" "" CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $146,766 (Property of Craig and Bonnie Talley) MEETING DATE: December 7,2004 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 32.08 acres, none of which consists of marshland or swampland. It is owned by Craig and Bonnie Talley. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, one (1) of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Head of River Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $146,766. This price is the equivalent of approximately $4,575 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.25% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.25% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ¥ City Manager: ~ \C \ be ~ 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $146,766 pursuant to the Agricultural Lands Preservation WHEREAS, 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $146,766; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of agricultural land a perpetual 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Purchase Installment 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 4.25% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 6.25% unless the approval of the 43 City Council by resolution duly adopted is first obtained. 44 The City Council hereby further determines that funding 2. 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 The approves the City Council hereby 3. expressly 49 Installment Purchase Agreement and, subject to the determination of 50 the to the City Attorney that there are no defects in title 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 2 54 and deliver the Installment Purchase Agreement in substantially the 55 form approved minor with such and substance as hereby same 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented delivery the Installment by the issuance and of 63 Purchase Agreement. 64 The City Council hereby elects to issue the indebtedness 4. 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majori ty of all 71 members of the City Council. 72 73 Adopted the Beach, by Council of the City of Virginia 74 Virginia, on this , 2004. day of 75 76 77 78 79 80 CA-9441 H:/OID/Ordin/ARPmatters/talleyordin.doc R-1 November 17, 2004 3 81 82 83 84 85 86 87 88 89 90 91 92 93 94 APPROVED AS TO CONTENT: h2~/~- Ágriculture epartment APPW~D AS TO LE~L~IENCY' ~Ú J~ /!1.!t/a -~ City AttorneÝ's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: . Q~tM»Æ.-/ () ~{)~ Dlrector of Flnance 4 AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2004-65 SUMMARY OF MATERIAL TERMS SELLER: TALLEY, Craig & Bonnie PROPERTY LOCATION: Head of River Road, Princess Anne District PURCHASE PRICE: $146,766 EASEMENT AREA: 32.08 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (1 of which is reserved for future development) DURATION OF EASEMENT: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.25% (actual rate to be detennined when STRIPS are purchased prior to execution ofIP A). Rate may not exceed 6.25% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIP A. I I I I I I i Q) C') c: « oð CD ...... c: 0 () '- ~ c: 0 .- ....., CO (.) .- - c.. c.. « (L ~ « ---- 0 CJ (J 0 8 Gf cO <) '" " '. " --..........., ............ ""'" ", "-........... -', ". CJ -~ ) z ~ 0 'It' It) ..¡ - w ..... « () en ", ,It' J r ~~~ "".~~~'...'>b [f:t'ii .\~, (I::: ~~, ('::- . :~) ~,:,,- iff I.:""'~'J ...:~-:;.. '" --.. CITY OF VIRGINIA BEACH AGENDA ITEM ..J ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $180,684 (Property of Dianna G. Conte and Patricia C. Ange) MEETING DATE: December 7,2004 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 43.02 acres, none of which consists of marshland or swampland. It is owned by Diana G. Conte and Patricia C. Ange. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, one of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Baum Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $180,684. This price is the equivalent of approximately $4,200 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.50% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.50% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attomey's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ~ City Manager: ~ ¥-' C:(3~ 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $180,684 the Agricultural Lands Preservation WHEREAS, pursuant to 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $180,684; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through acquisition perpetual agricultural land of the a 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 The City Council hereby determines and finds that the 1. 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Purchase Installment 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 4.50% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 6.50% unless the approval of the 43 City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 The City approves the Council hereby expressly 3. 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that are no defects there in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the Cityls 53 interests, authorizes the City Manager or his designee to execute 2 54 and deliver the Installment Purchase Agreement in substantially the 55 form approved with minor such and as hereby substance same 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by of Installment the the issuance and delivery 63 Purchase Agreement. 64 The City Council hereby elects to issue the indebtedness 4. 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majority of all 71 members of the City Council. 72 73 Adopted Beach, by the Virginia the Council of City of 74 Virginia, on this , 2004. day of 75 76 77 78 79 80 CA-9443 H:/OID/Ordin/ARPmatters/conte&angeordin.doc R-1 November 17, 2004 3 81 82 83 84 85 86 87 88 89 90 91 92 93 94 APPROVED AS TO CONTENT: Æ:)~ ~. Agricultú e Department APã;~ AS_;Y~CIENCY' city ~y,S Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Q~Æ./ (J~ Director of Finance 4 AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2004-62 SUMMARY OF MATERIAL TERMS SELLER: CONTE, Dianna C. and ANGE, Patricia C. PROPERTY LOCATION: Baum Road, Princess Anne District PURCHASE PRICE: $180,684 EASEMENT AREA: 43.02 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (1 of which is reserved for future development) DURATION OF EASEMENT: Perpetual INTEREST RATE: Equal to yield on u.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to execution ofIP A). Rate may not exceed 6.50% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA. ~ co ~ Q) en :J co t) en C) co '- t) I '- Q) E co Q) '- t) ~ a.. ..- to M "<t a a N a N >. :; J >. ro '0 (/ Q) :J t- .. / / / ( ~1 \ § ~ ~.r I ~ .." I ~ r--1¡ ~ ~ I ~~ /l.~~. ... "'B::'..'.~;?~ q::f . . ".;~', ~ü: ::;:, (~~-:-:. ¡;} ".':0 . 0" ¡;,,+....~~+':. 'i:~;:¡'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $70,499 (Property of Craig C. and Susan L. Creamer) MEETING DATE: December 7,2004 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 25.18 acres, none of which consists of marshland or swampland. It is owned by Craig C. and Susan L. Creamer. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, one (1) of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Crags Causeway, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $70,499. This price is the equivalent of approximately $3,000 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.25% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.25% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: AgricuUure Department ~.~ City Manager: ~ 1<... . ÓßðY'1. 25 26 27 28 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $70,499 WHEREAS, the Agricultural Lands pursuant to Preservation 9 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 10 Virginia Beach, there has been presented to the City Council a 11 request for approval of an Installment Purchase Agreement (the form 12 and standard provisions of which have been previously approved by 13 the City Council, a summary of the material terms of which is 14 hereto attached, and a true copy of which is on file in the City 15 Attorney's Office) for the acquisition of the Development Rights 16 (as defined in the on certain Installment Purchase Agreement) 17 property located in the City and more fully described in Exhibit B 18 of the Installment Purchase Agreement for a purchase price of 19 $70,499; and 20 WHEREAS, the aforesaid Development Rights shall be acquired 21 through a the acquisition of perpetual agricultural land 22 preservation easement, as defined in, and in compliance with, the 23 requirements of the Ordinance; and 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 29 1. The City Council hereby determines and finds that the 30 proposed terms and conditions of the purchase of the Development 31 Rights pursuant to the Installment Purchase Agreement, including 32 the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City 34 Manager or his designee is hereby authorized to approve, upon or 35 before the execution and delivery of Installment Purchase the 36 Agreement, the rate of interest to accrue on the unpaid principal 37 balance of the purchase price set forth hereinabove as the greater 38 of 4.25% per annum or the per annum rate which is equal to the 39 yield on United States Treasury STRIPS purchased by the City to 40 fund such unpaid principal balance; provided, however, that such 41 rate of interest shall not exceed 6.25% unless the approval of the 42 City Council by resolution duly adopted is first obtained. 43 2. The City Council hereby further determines that funding 44 is available for the acquisition of the Development Rights pursuant 45 to the Installment Purchase Agreement on the terms and conditions 46 set forth therein. 47 3. The City Council hereby the expressly approves 48 Installment Purchase Agreement and, subject to the determination of 49 the Ci ty Attorney that no defects in title to the there are 50 property or other restrictions or encumbrances thereon which may, 51 in the opinion of the City Attorney, adversely affect the City's 52 interests, authorizes the City Manager or his designee to execute 2 53 and deliver the Installment Purchase Agreement in substantially the 54 form as and substance approved with hereby such minor same 55 modifications, insertions, completions or omissions which do not 56 materially alter the purchase price or manner of payment, as the 57 City Manager or his designee shall approve. The City Council 58 further directs the City Clerk to affix the seal of the City to, 59 and attest same on, the Installment Purchase Agreement. The City 60 Council expressly authorizes the incurrence of the indebtedness 61 represented Installment by issuance the and delivery of the 62 Purchase Agreement. 63 The City Council hereby elects to issue the indebtedness 4. 64 under the Charter of the City rather than pursuant to the Public 65 Finance Act of 1991 and hereby constitutes the indebtedness a 66 contractual obligation bearing the full faith and credit of the 67 City. 68 69 Adoption requires an affirmative vote of a majori ty of all 70 members of the City Council. 71 72 Adopted Beach, by the Council of the City of Virginia 73 Virginia, on this , 2004. day of 74 75 76 77 78 79 CA- 9444 H:jOIDjOrdinjARPmattersjcreamerordin.doc R-1 November 17, 2004 3 80 81 82 83 84 85 86 87 88 89 90 91 92 93 APPROVED AS TO CONTENT: Æ2o #- ' Agri~~tu e Department APPROVED AS CERTIFIED AS TO AVAILABILITY OF FUNDS: Dir~þ;¡f 1inaa~ 4 AGRICUL TURAL RESERVE PROGRAM INST ALLMENT PURCHASE AGREEMENT NO. 2004-66 SUMMARY OF MATERIAL TERMS SELLER: CREAMER, Craig C. and Bonnie L. PROPERTY LOCATION: Crags Causeway, Princess Anne District PURCHASE PRICE: $70,499 EASEMENT AREA: 25.18 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (1 of which is reserved for future development) DURATION OF EASEMENT: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.25% (actual rate to be detennined when STRIPS are purchased prior to execution of IP A). Rate may not exceed 6.25% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIP A. Exhibit B --..-",,------.., ..",- -....-----.. - - -- - - - .. -- - .. - -- - ---- -- - " " -..-'-- "-",-.., ~ .- -. ..".- .- " .- .- .. .. / '-.. ,- .. - .....-..........LOCATION MAP"~ - -" _..- SHOWING GPIN 2417-41-8550 (PROPERTY OF A. "'--,~-~..",. ' ...' .. STANLEY MUNDY & CO.) " GPIN 2417-51-1310 (PROPERTY OF T. R. .. ",' PRITCHARD;WILLIAM N. DOZIER) '... / SCALE: 1" = 200' PREPARED BY P;W ENG. CADD DEn NOVEMBER 19,2004 MUNDY PRICHARD & DOZIER.DGN .l.M. ,.1' :;:~ f'd .%1 Œ~ W.', ~.~t Ë~~ 'i.~~" .liJ ",'" ~-J .....~~~~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City and HRT Operation Facilities at Parks Avenue/14th Street - Potential Relocation to Birdneck Road. MEETING DATE: December 7,2004 . Background: Private parties have offered for sale to the City two adjacent properties on Birdneck Road (totaling approximately 6 acres of land). The properties have been considered as the possible relocation site for the City's resort area operational facilities, currently located at its Parks Avenue/14th Street site (the "Facilities"). The total purchase price for both properties is $1,606,762, with a total overall acquisition cost of $1 ,609,262 including title insurance and related costs. Relocation and replacement of the Facilities are necessary because they are old, in poor condition, the operations on the site present an incompatible use within the surrounding neighborhood and the site is too small to adequately accommodate the operations utilizing it. The Facilities are currently used by the following departments: Parking Management, P&RlParks and Landscape Services, PW/Beach Operations, PW/Building Maintenance, PW/Street Sweeping, and PW/Traffic Operations. The Facilities were previously used by the Virginia Beach Mosquito Control Commission. A project to acquire a replacement site and construct new facilities has been 'requested but not funded' in the CIP since FY97-98. The current budgetary estimate, exclusive of land and contingencies, is approximately $4.9 million. For operational purposes, a replacement site should be no further west than Birdneck Road. A site of at least 6 acres would best accommodate the new facilities. The City has conducted preliminary environmental screening of the two properties. Results indicate there are approximately 2 acres of wetlands on the properties, reducing the usable area to approximately 4 acres. An adjacent property to the north, although also encumbered by wetlands, would provide additional usable area for the relocation of the City's operations from the Parks Avenue/14th Street site, Although not part of this transaction, due diligence is underway on the adjacent parcel to determine its condition and potential for purchase. It is also desirable for HRT to relocate its Trolley Base Virginia Beach facility (the "HRT Facilities"), which is currently located directly across Parks Avenue from the Facilities. Preliminary information from HRT is that their new facility would require approximately 4 acres. Additional property would be needed to relocate both the Facilities and HRT Facilities. However, the HRT facility can be accommodated by the two properties proposed for purchase by the private parties. . Considerations: There is a need to acquire land for the relocation of the Facilities and the HRT Facilities. It is desirable, but not absolutely necessary, for the two maintenance facilities to be located together. The two parcels of land offered for sale to the City could be used for either the relocation of much of the City operational facility, to accommodate the HRT facility, or as the initial purchase in the assemblage of enough land (10 developable acres) to fully accommodate both facilities. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Do not purchase parcels, leave City/HRT at present location. . Recommendations: Acquire properties for relocation of the Facilities or other public uses, establish capital project 3-418 Beach Maintenance Facility for relocation of this facility and appropriate $1,609,262 for site acquisition costs. . Attachments: Ordinance, Legal Description, Location Map, Summary of Terms Recommended Action: Approve Submitting Department/Agency: Public Worksf..12 City Manager: ~ \c ,7J& rIHJ. ~'I 1/. 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY LOCATED ON BIRDNECK ROAD FOR RELOCATION OF THE RESORT AREA MAINTENANCE FACILITY FROM A. STANLEY MUNDY & CO. OR RCE, LLC, and FROM T.R. PRITCHARD AND WILLIAM DOZIER, TO ESTABLISH CIP #3-418, "BEACH MAINTENANCE FACILITY," AND TO APPROPRIATE $1,609,262 FROM THE FUND BALANCE WHEREAS, on behalf of the City, the City Manager and City staff have engaged in negotiations with RCE, LLC, for the purchase of properties owned by A. Stanley Mundy & Co., for which RCE, LLC is the contract-purchaser, and owned by T.R. Pritchard 14 and William Dozier, both properties being located on Birdneck 15 Road north of the Owl's Creek Golf Center and adjacent to City 16 property; and 17 WHEREAS, the properties are needed by the City for the 18 relocation of the City's resort area maintenance facility and/or 19 other public uses. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 1. That the City Council authorizes the acquisition, 23 by purchaser of the properties as described in Exhibit A and as 24 depicted on Exhibit B both attached hereto. 25 2. That such acquisition by the City of the property 26 owned by A. Stanley Mundy & Co. shall be either directly from A. 27 Stanley Mundy & Co. or shall be subject to the acquisition of 28 the property by RCEr LLC, in accordance with RCE, LLC's purchase 29 contract with A. Stanley Mundy & Co. 30 3. That the City Manager or his designee is 31 authorized to execute on behalf of the City of Virginia Beach, 30 in accordance with the terms contained in the Summary of Terms 31 attached hereto as Exhibit C and in a form acceptable to the 32 City Attorney, Agreements of Sale for the purchase of the 33 properties, for the sum of $1,606,762 plus not more than $2,500 34 for the City's title insurance policies and costs incurred. 35 4. That CIP Project #3-418, "Beach Maintenance 36 Facility," is hereby established as a capital project in the 37 City's Capital Improvement Program. 38 5. That $1,609,262 is hereby appropriated from 39 General Fund fund balance to Project #3-418, "Beach Maintenance 40 Facility," in the FY 2004-05 Capital Budget to provide funding 41 for the purchase of necessary property, with estimated revenue 42 increased accordingly. 43 An affirmative vote of a majority of the members of 44 City Council is required. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9427 F:\Data\ATY\OID\REAL ESTATE\Commercial Yard\Ordinance vr2.doc R-2 November 24, 2004 Projects\14th St Utility APPROVED AS TO LEGAL SUFFICIENCY: Cit~y's Office Approved as to Content: i~ Pu llc Works ~~- EXHIBIT A A. Stanley MoodyIRCE, LLC Parcel (GPIN: 2417-41-8550) All that certain lot, piece or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and being known, number and designated as Parcel B-2 as shown on that certain plat entitled "Subdivision of Property of A. Stanley Moody Co., 'Parcel B' Lynnhaven 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 Map Book 135, at page 47. It being a part of the same property conveyed to A. Stanley Moody & CO., a New Jersey Partnership by deed from Leroy T. Canoles, Jr. and Kevin R. Murphy, substitute Trustees, dated April 30, 1974 and recorded May 9, 1974 in Deed Book 1419, at page 95. T. R. Pritchard/William Dozier Parcel (GPIN: 2417-51-1310) All that certain lot, piece or parcel of land, situate in the Borough of Lynnhaven, in the City of Virginia Beach, State of Virginia being known, numbered and designated as part of Parcel A, 0.911 acres which property is set forth on the plat of Property for Gabor, Inc., which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 72, at Page 40, less and except that portion of the property conveyed to the City of Virginia Beach, Virginia, recorded in Deed Book 1242, at page 183. All as more particularly described in the survey of Alton Butler dated March 30, 1989 recorded in aforesaid Clerk's Office in Deed Book 2818, at page 144. It being all the same property conveyed to T.R. Pritchard and loR. Gallaher by deed from A. Stanley Moody & Company, a New Jersey Partnership, dated October 4, 1979 and recorded October 17, 1979 in Deed Book 1953, at page 132. loR. Gallaher's oodivided Yz interest was conveyed to William N. Dozier by deed dated April 14, 1989 from loR. Gallaher and Patricia Ann Gallaher, husband and wife, recorded in Deed Book 2818, at page 142. EXHIBIT C SUMMARY OF TERMS PRITCHARDIDOZIER PARCEL PROPERTY: ::t 0.911 Acres fronting on Birdneck Road, GPIN # 2417-51-1310 SELLERS : T. R. Pritchard and William Dozier PURCHASE PRICE: $209,667 A. STANLEY MUNDY PARCEL PROPERTY: + 5.279 Acres fronting on Birdneck Road, GPIN # 2417-41-8550 OWNER: A. Stanley Mundy & Co. CONTRACT PURCHASER! SELLER: RCE, LLC, a Virginia limited liability company PURCHASE PRICE: $1,397,095 TERMS AS TO BOTH PARCELS CONTINGENCIES TO PURCHASE: -Agreements of sale for purchase of and simultaneous closings on both parcels. -Confinnation of marketable and insurable title pursuant to City's title commitment. -Council approval of and appropriation for the purchase. -Dismissal of pending litigation affecting the property or in the alternative, indemnification of City with regard to any claim asserted against the City relating to the litigation. SETTLEMENT: Within 2 days of council approval of the purchase, so long as all contingency conditions are met. F:\Data\ATY\OID\REAL ESTATE\Commercial Projects\14th St Utility Yard\SUMMARY OF TERMS.doc ~~ íi ~;Ii:.~ì' f,;.~.;.. .~/,,\~I \'5- .. ..¡:~> \. .'> 'l.\-:- .//1 ~.,~.~~;.. -.~/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COPS Interoperable Communications Technology Grant MEETING DATE: December 7,2004 . Background: As a result of a critical infrastructure and first responder communications capabilities assessment conducted after the September 11th terrorist event, the federal government developed grant programs to address the needs of responding agencies to have interoperable communications. Greater consideration has been given to pre-planning for the response of multiple agencies (federal, state and surrounding localities), as well as multiple agencies within the local government. It is critical for the responders for all of these agencies to communicate with one another. The initiatives of multiple agency communications became known as "interoperability", or the ability to communicate among multiple agencies during regional emergency events. Grant funding has been made available through the Community Oriented Policing Services (COPS) Office within the US Department of Justice to address interoperable communications needs. The Hampton Roads region is designated by the Department of Justice as one of the Top 25 regions that could be targets of Weapons of Mass Destruction (WMD) or terrorist attacks, and the Port of Hampton Roads is one of the k~y ports on the East Coast. Virginia Beach, as a leader in the region, has been working to secure and implement a better regional interoperability system for many years. Our efforts have been rewarded, and the region was awarded a grant on behalf of the Norfolk -Virginia Beach - Newport News, VA-NC Metropolitan Statistical Area (locally referred to as the Hampton Roads Region). This grant is intended to fund a multi-disciplinary, multi-jurisdictional DataNoice Wide-Area interoperable solution that will provide seamless real-time public safety communications throughout the MSA. This grant award is for Phase I of the Overlay Regional Inter-Operability Network (ORION), which will provide standards- based operational coverage for 60% of the area and 70% of the population. The system is in line with the overall City direction and strategic initiatives associated with the City's radio, system and enhancements of our emergency response capabilities as evident in the construction of a new $10 million Emergency Communications Center and the continued migration to a digital radio infrastructure that was started in 1999. This grant program provides a maximum federal award of $6 million, and requires an additional local match contribution equivalent to 20% of the total funding (maximum total award of $7.5 million). The cost of the proposal for the regional ORION project totals $8,163,500. Our application qualified for the full $6 million federal contribution, leaving the difference of $2,163,500 to be provided as a local match. Virginia Beach is providing 100% of the local upfront match (other area cities will be responsible for all ongoing costs and system maintenance). It is possible for Virginia Beach to provide the entire match by redirecting funding from the current Communications Infrastructure CIP Project (CIP # 3-281). The funding that is redirected will not impact the current year replacements; however, the funding provided by this grant will eliminate the need to fund smaller-scale interoperable communications equipment that was already programmed, but not appropriated, in the out years of the current CIP. This will allow that funding to be invested in furthering other emergency communications needs for the City. A new CIP Project, 3-352, "COPS Interoperable Communications Technology Grant," is being established to enable this project to proceed. The initial phases of the project consist of the following basic components: . Installation of a P25 Multi-Band Master Switch in Virginia Beach; . Utilize existing radio communications towers and facilities located within the MSA to house the 700MHz equipment; 0 Tower site in Norfolk 0 Tower site in Chesapeake 0 Tower site in Suffolk 0 Two tower sites in Virginia Beach Equip first responder command vehicles with IP (Internet Protocol) based capabilities to facilitate data sharing, file transfers (mug shots) and criminal application access (Le., CRIMES - Comprehensive Regional Information Management Exchange System, VCIN - Virginia Criminal Information Network, JusticeXML, Naval Criminal Investigative Service, and (NCIS) Law Enforcement Information Exchange (LlnX), etc.); 0 Total of 50 Mobile Data Computers to be divided among the region Equip first responder command vehicles with hybrid radio mobile equipment capable of 800 MHz and 700MHz frequencies; 0 Total of 252 radios to be divided among the region Completion of a needs assessment and an engineering study for future plans to link the northern MSA with a Redundant Multi-band Master Switch. . . . . Considerations: The ComlTNB911 Division, working with our existing Professional Engineering Firm, will provide the required analysis and design to facilitate the Request for Proposal (RFP) procurement process. From the original budget, it is estimated that the total cost for the hardware and software will be $6,463,000 and the services will be $1,700,500 for a total of $8,163,500. The COPS Interoperable Communications Technology Grant award will fund $6,000,000 and the remaining $2,163,500 in funding is provided as follows: . $1,800,000 will be transferred from CIP # 3-281 $363,500 will be appropriated from the fund balance of the E-911 Communications Fund . . Public Information: Public Information would be handled through the normal Council Agenda public information process. . Alternatives: The alternative would be to continue to operate as status quo; however, regional emergency interoperability would not progress and it would be difficult to ever receive the adequate funding to implement a regional approach. . Recommendations: Approval of proposed ordinance. . Attachments: Ordinance Grant Award Letter Recommended Action: Approval of Ordinance fldr- Submitting Department/Agency: Communications and Inf~rmation Technology (Com IT) ~c. . . City Manager: ~ ~ k. . 'bß ~ AN ORDINANCE TO ESTABLISH CIP PROJECT #3-352, "COPS INTEROPERABLE COMMUNICATIONS TECHNOLOGY GRANT," AND TO ACCEPT AND APPROPRIATE $6,000,000 FROM THE U.S. DEPARTMENT OF JUSTICE AND APPROPRIATE $363,500 FROM THE FUND BALANCE OF THE E-911 COMMUNICATIONS FUND TO THIS PROJECT WHEREAS, the U.S. Department of Justice has authorized a grant of $6,000,000 to the City of Virginia Beach as part of the 2003 COPS Interoperable Communications Grant Program, and this grant requires the remaining $2,163,500 to be provided as a local match. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP Project #3-352, "COPS Interoperable Communications Technology Grant" is hereby established in the Capital Improvement Program for the purpose of developing a regional interoperable communications network. 2. That $6,000,000 is hereby accepted from the U.S. Department of Justice and appropriated to CIP Project #3-352, "COPS Interoperable Communications Technology Grant," in the FY 2004-05 Capital Budget, with revenue from the federal government increased. 3. That $363,500 is hereby appropriated from the fund balance of the E-911 Communication Fund to CIP Project #3-352, "COPS Interoperable Communications Technology Grant," in the FY 2004-05 Capital Budget, with revenue from local sources increased accordingly. 4. That $1,800,000 is hereby transferred in the FY 2004-05 Capital Budget from CIP Project #3-281, "CIT - Communication Infrastructure Replacement" to CIP Project #3-352, . "COPS Interoperable Communications Technology Grant." Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT ß ì' TO LEGAL CA9446 R2 November 23, 2004 H:\PA\GG\ORDRES\COPS Interoperable Communications Grant Ord.doc U. S. Department of Justice Community Oriented Policing Services Grants Administration Division (GAD) COPS Interoperable Communications Technolo~ Grant Award' Grant #: 2004INWXOOl9 ORI#: VA12800 Applicant Organization's Legal Name: Virginia Beach, City of Vendor #: 540722061 PrO2ram Official: Chief Alfred M. Jacocks, Jr. Address: Municipal Center, Building 11 2401 Court House Drive City, State, Zip Code: Virginia Beach, VA 23456 Telephone: (757) 427-4141 Fax: (757) 427-9163 Financial Officer: City Manager James K. Spore Address: Municipal Center, Building 1 2401 Court House Drive City, State. Zip Code: Virginia Beach, VA 23456 Telephone: (757) 427-4242 Fax: (757) 427-4135 Award Start Date: Award Amount: 9/112004 $ 6,000,000.00 Award End Date: 8/J 1/2005 Carl R. Peed, Director ~O4 Date Alfred M. Jacocks, ar. Chi ef.; of" Pol ice, Typed Name and Title of the Program Official Oct. 22. 04 Date ~ .James K. Spore 'q i ty Manag er Typed Name and Title of the Financial Officer \Olt'\c-'^ù ~ False statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any remedy available by law to the Federal Government. Award ID: 81579 U.s. Department of Justice Offi ce of Community Oriented Policing Services Office of the Director 1100 Vermont Avenue, N. W. Washington, D.c. 20530 September 23,2004 œ R '~æ. f?.,~,-'ñ,¡,-'-\:,J,rr,5--T-'J 1.5 (':) ':, ~, i ,_'0 ¡:;;', Ð r,' ..".-",..".......,-. -"'~"¡.'!,' II., '... I ¡ SEP 3 0 2004 . t~. ' ~"§~;ij;~~¡JfE ~PT..J Chief Alfred Jacocks, Jr. City of Virginia Beach Municipal Center, Building 11 240 I Court House Drive Virginia Beach, VA 23456 Dear Chief Jacocks, Jr.: Congratulations! On behalf of Attorney General John Ashcroft, I am pleased to inform you that the Office of Community Oriented Policing Services (COPS) has approved your agency's request for funding under the COPS Interoperable Communications Technology Grant Program. The official start date ofyollr grant is September 1, 2004. Enclosed in this packet is your grant Award Document, which you must sign and return to the COPS Office within 90 days to officially accept your grant. Failure to return the signed Award Document within the 90-day period could result in the withdrawal of the funding without further notice from the COPS Office. The Award Document provides the total amount of federal funds awarded to your agency. On the reverse side of the Award Document is a list of conditions that apply to your. grant. In addition, attached with your A ward Document are the Construction Grant Conditions. You should read and familiarize yourself with all conditions of this grant. These must also be signed and returned to the COPS Office to officially accept the grant. You must comply with the requirements of any special conditions, such as seeking sole source justification, consultant rate justification above $450 per day, and environmental review pursuant to the National Environmental Policy Act (NEP A), before you will be able to draw down grant funds for those purposes. You will also find materials enclosed relating to payment methods and procedures for receiving your grant funds. Other Ímportant grants management details were already provided with the Grant Guidance document sent to your agency in June 2004. Information about the mandatory technical assistance conference will be forthcoming once logistic's are completed. . Once again, congratulations on your COPS Interoperable Communications Technology award. Should you have any questions regarding your COPS grant, please do not hesitate to call the Grants Administration Division point of contact, Pete Borges, at 202-616-9420. Sincerely, GJ \( \JQ Carl R. Peed Director U. S. Department of Justice Community Oriented Policing Services Grants Administration Division (GAD) COPS Interoperable Communications Technology Grant Award I IOI} Vermont Aven"e. NW Wa.,hingtrm. IX: ](1530 Memorandum To: Alfred M. Jacocks, Jr., Chief Virginia Beach, City of From: Robert A. Phillips, Deputy Director of Operations, Grants Administration Karen Molina, Grant Program Specialist, Grants AdministratiQJ).? . .. ~--/-"~/ /f Marcia T. Savoy, Staff Accountant, Finance Division ~/~ --!ii,~ø'¥ COPS Interoperable Communications Technology Grant A~d Financial Clearance Memo /' A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions 1 Adjustments are noted below. Re: Vendor#: 540722061 OR! #: V A12800 Grant #: 2004INWXOO19 Budget Cate~ory Proposed Bud~et Approved Bud~et Adjustments Disallowed Reasons/Comments Equipment $6,463,000.00 $6,463,000.00 $0.00 Consultantsl Contractors $1,697,700.00 $1,697,700.00 $0.00 Other $2,800.00 $2,800.00 $0.00 Direct Costs: $8,163,500.00 $8,163,500.00. $0.00 Indirect Costs: $0.00 $0.00 $0.00 "."""""" ",."""""""""", """ "", """, """ """""""""""""""" """"", """"""" Grand Total $8,163,500.00 $8,163,500.00 $0.00 Grand Total: Federal Share: $ 6,000,000.00 Applicant Share: $ 2,163,500.00 Cieared Date: 9/7/2004 Overall Comments: Prior to the obligation, expenditure or drawdown of grant funds for non-competitive contracts in excess of $100,000, grantee must submit a sole source justification to the COPS Office for review and approval. Prior to the obligation, expenditure or draw down of grant funds for independent consultant fees in excess of $450 per day, approval must be obtained from the COPS Office. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $18,276,602 in FY 2003-04 Virginia Beach School Reversion Funds and Additional Revenues to the FY 2004-05 Schools Operating Budget and FY 2004-05 Capital Budget MEETING DATE: December 7,2004 . Background: On September 21, 2004, the School Board was presented with a summary of the unaudited financial statement for FY 2003-04, which contained a total of $13,205,888 in reversion funds. This amount represents $6,476,862 in additional revenue and $6,729,026 in expenditures savings. The reversion funds also include an additional $6,820,714 from FY 2003-04 in additional revenues that were received in excess of originally budgeted revenues. (The City/Schools revenue sharing policy provides for the application of the formula to any actual revenues in excess of budgeted revenues.) The total of these reversion funds was $20,026,602. On September 28, 2004, the City Council appropriated $1,750,000 from the reversion funds to the School Board for the purpose of bus and vehicle replacement, leaving a total of $18,276,602 for the City Council to appropriate for use by the School Board. . Considerations: The Virginia Beach School Board requested, by resolution adopted on November 16,2004, that the City Council appropriate the remaining $18,276,602 to the FY 2004-05 School Operating Budget and Capital Budget as follows: . $1,500,000 to the Instructional Category for SOL Incentive Funds for schools . $5,000,000 to the School Instructional Technology Fund to fund the cyclical replacement of instructional technology . $1,800,000 to CIP #1-030, "Telecommunication Infrastructure Replacement," for equipment and infrastructure . $3,155,888 to re-establish CIP #1-211, "School Operating Budget Support," which will fund interior cameras for elementary schools, updated fire suppression units, digital recorders to replace VCR's in elementary schools, classroom sets of calculators for elementary schools, scanners for all schools, and musical instrument repairs and replacements . $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $2,896,042 ,- -- I . $5,372,693 to newly-established CIP #1-085, "Alternative Education Facility - Phase II" . Public Information: The resolution requesting these appropriations was approved by the School Board at its November 16, 2004 public meeting. Information will be disseminated to the public through the normal Council agenda process involving the advertisement of City Council agenda and public hearings. . Recommendations: Adoption of ordinance . Attachments: School Board Resolution dated November 16, 2004 regarding the FY 2003-04 Reversion Funds; Ordinance Recommended Action: Approval Submitting Department/Agency: School Board City Manager: ~ ~ . ð¡J~ 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE $18,276,602 IN FY 2003-04 VIRGINIA BEACH SCHOOL REVERSION FUNDS TO THE FY 2004-05 SCHOOL OPERATING BUDGET AND FY 2004-05 CAPITAL BUDGET AND TO ESTABLISH CIP PROJECT # 1-085, "ALTERNATIVE EDUCATION FACILITY PHASE II, " AND RE-ESTABLISH CIP PROJECT # 1-211, "SCHOOL OPERATING BUDGET SUPPORT" 6 WHEREAS, a total amount of $18,276,602 in FY 2003-04 Virginia 7 Beach Public School reversion funds are available for appropriation 8 to the School Board; and 9 WHEREAS, by resolution dated November 16, 2004, the School Board 10 requested the City Council to appropriate these funds to the FY 2004- 11 05 Capital Budget and School Operating Budget. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 1. That CIP Project # 1-085, "Alternative Education Facility - 15 Phase II," is hereby established, and CIP Project # 1-211, "School 16 Operating Budget Support," is re-established. 17 2. That $18,276,602 in school reversion funds are hereby 18 appropriated from the General Fund to the FY 2004-05 Capital Budget 19 and School Operating Budget in the amounts and for the purposes set 20 forth below: 21 (a) $1,500,000 to the Instructional Category for SOL Incentive 22 Funds for schools; 23 (b) $5,000,000 to the School Instructional Technology Fund to 24 fund the cyclical replacement of instructional technology; 25 (c) $1,800,000 to CIP #1-030, ~Te1ecommunication Infrastructure 26 Replacement," for equipment and infrastructure; 27 ( d) $3,155,888 to CIP #1-211, ~Operating Budget Support," for 28 interior cameras for elementary schools, updated fire suppression 29 units, digital recorders to replace VCRs in elementary schools, 30 classroom sets of calculators for elementary schools, scanners for 31 all schools, and musical instrument repairs and replacements; 32 (e) $1,448,021 to the School Reserve Special Revenue Fund; and 33 (f) $5,372,693 to CIP #1-085, ~Alternative Education Facility - 34 Phase II". 35 3. That estimated revenue from use of the Fund Balance of the 36 General Fund is increased by $18,276,602. 30 Adopted by the Council of the City of Virginia Beach, Virginia 31 on the day of , 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~,;~?~ CA9440 R4 December 1, 2004 H:\PA\GG\ORDRES\2004 Reversion Ord.doc \\ )y¡;)oq '1- lAPO~~~ + IRGINIA BEACH CITY ~~BLlC SCHOOLS AHEAD OF THE CURVE MEMORANDUM FROM: vMr. James K. Spore, City Manager Mrs. Ruth Hodges Smith, City Clerk Dianne P. Alexander, Secretary/Clerk of the Board~k School Board Services TO: SUBJECT: School Board Resolution DATE: November 17, 2004 Please find attached certified copies of a RESOLUTION REGARDING FY2003/04 REVERSION AND ACTUAL OVER BUDGET FUNDS adopted by the School Board of the City of Virginia Beach, November 16, 2004. The Clerk of the School Board is directed to deliver copies to the Mayor, each member of the City Council, the City Manager, and the City Clerk. feel free to contact me should you have any questions. Attachment r::-: --.--- _.._-.._-,-~.'_.~'" - .,~ I""" R r,) [t' 11 \\11 ¡f' ¡"""'~ : : ì I 1/, ,Iry~; "'! ': \ ,:', .' , ;I;:....-.':!,.,'.;.:,:--"--'-'-~"'=--'~"\ \;~; .>~.,/ .; ê ;;:.:.: ¡~~j¡ I . I ¡ I I ... .I ' \. ... .~,:.;::t~:... '~j!\:;~((IG:\VJ~;~:-,::;t~~--_..1 . . . .' . . -. " School Administration Building. 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038 '.. . " +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D. Edwards Chairman District 1 . CenlervŒle 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) .717-0259 (celij Sandra Smilf1.Jones Vice Chairman DIstrIct 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (hI Rita SWeet Bellitto At-large P.O. Box64S09 VA Beach, VA 23467 418-0960 (h) Jane S. Brooks DIs1rict 6 - Beach 721 HUItop Road VA Beach, VA 23454 425-1597 (h) Emma L "Em" DavIs DistrictS. Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Edward F. F'lSslnger, Sr. At.l.aIge 412 BecIon Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe DIstrIct 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (hI Michael W. Stewart District 3. Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (hI . 445-4637 (wI Ar1hurT. Tate At-Large 1709ladysmith Mews VA Beach, VA 23455 460-5451 (hI Carolyn D. Weems At-Large 1420 Claudia Drive VA8each, VA 23455 464-6674 (hI lois s. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beac:ll, VA 23456 233-0891 (w) SUPERINTENDENT TImothy R. Jenney, Ph,D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REGARDING FY 2003/04 REVERSION AND ACTUAL OVER BUDGET FUNDS WHEREAS, on September 21, 2004 the School Board was presented with a summary of the un-audited financial statement for FY 2003/04 realizing $13,205,888 in reversion funds; and WHEREAS, the reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in expenditures savings; and WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess of budgeted revenues; and WHEREAS, the FY 2004/05 Actual Over Budget provides $6,820,714 for allocation by the School Board to non- recurring purposes; and WHEREAS, the total funds available to the School Board are $20,026,602; and WHEREAS, on September 28, 2004, the City Council appropriated $1,750,000 from the reversion funds to the School Board for the purpose of bus and vehicle replacement; and WHEREAS, the total remaining to the School Board for allocation is $18,276,602; and WHEREAS, the Administration recommends the following uses for the $20 million available: . $1,500,000 to the Instructional Category for SOL Incentive Funds for schools . $5,000,000 to Fund 108, School Instructional Technology Fund to fund the cyclical replacement of instructional technology (infrastructure and equipment) . $1,800,000 to CIP 1-030 Telecommunication Infrastructure Replacement for equipment and infrastructure . $2,000,000 to CIP 1-211 Operating Budget Support for interior cameras for elementary schools, to update the fire suppression units, to replace VCR's in elementary school with digital recorders . $1,155,888 to CIP 1-211 Operating Budget Support for classroom sets of calculators for Elementary Schools, scanners for all schools and musical instrument repairs and replacements . $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $2,896,042 . $5,372,693 Altemative Education Facility - Phase II Now, therefore, be it RESOLVED: That the Board approves the recommended uses of the FY 2003/04 reversion and Actual Over Budget funds as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City ClerIc Adopted by the School Board of the City of Virginia Beach this 16th day of November 2004 ~~ v- SEAL Attest: ~tJ. ~ . Dianne P. Alexander, Clerk of the Board CERTIFIED TO BE A TRUE AND CORRECT COpy 'lðJA~ ~~. " G19rk¡ $01'1001 Board ofthe. ....' CItY 01 VirginIa 98'01'1 . ., . School Administration Building' 2512 George Mason Drive' P.O. Box 6038 . Virginia Beach, VA 23456-0038 +'RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE Subject: FY04 Reversion and Actual Over Bud2et Funds Resolution Item Number: 13C Section: Consent Date: November 16. 2004 Cabinet Member: Mrs. Victoria L. Lewis Prepared by: Mrs. Victoria L. Lewis Presenter(s): Mrs. Victoria L. Lewis. Chief Financial Officer Recommendation: It is recommended that the School Board approve the recommended uses of the projected reversion and actual over budget funds. Background Summary: Source: Budget Impact: Strategic Plan Reference: œ. ... ...... ~I ' RESOLUTION REGARDING FY 2003/04 REVERSION AND ACTUAL OVER BUDGET FUNDS WHEREAS, On September 21, 2004 the School Board was presented with a summary of the un-audited financial statement for FY 2003/04 realizing $13,205,888 in reversion funds; and WHEREAS, the reversion funds are the result of $6,476,862 :in additional revenue and $6,729,026 in expenditures savings; and WHEREAS, the Revenue Sharing Policy provides for the application of the fonnula to any actual revenues :in excess of budgeted revenues, and WHEREAS, the FY 2004/05 Actual Over Budget provides $6,820,714 for allocation by the School Board to noo~~gp~ses;and WHEREAS, the total funds available to the School Board are $20,026,602 and WHEREAS, on September 28,2004, the City Council appropriated $1,750,000 from the reversion funds to the School Board for the purpose of bus and vehicle replacement, and WHEREAS, the total remaining to the School Board for allocation is $18,276,602 and WHEREAS, the Administration reconunends the following uses for the $20 million available: . $1,500,000 to the Instructional Category for SOL Incentive Funds for schools . $5,000,000 to Fund 108, School Instructional Technology Fund to fund the cyclical replacement of instructional technology (infrastructure and equipment) . $1,800,000 to CIP 1-030 Telecommunication Infrastructure Replacement for equipment and infrastructure . $2,000,000 to CIP 1-211 Operating Budget Support for interior cameras for elementary schools, to update the fire suppression units, to replace VCR's:in elementary school with digital recorders . $1,155,888 to CIP 1-211 Operating Budget Support for classroom sets of calculators for Elementary Schools, scanners for all schools and musical instrument repairs and replacements . $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $2,896,042 . $5,372,693 Alternative Education Facility - Phase II now,tberefore, be it RESOLVED: That the Board approves the reconnnended uses of the FY 2003/04 reversion and Actual Over Budget funds as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 16th day of November, 2004. SEAL Daniel D. Edwards, Chainnan Attest: Dianne P. Alexander, Clerk of the Board ,~ ,...~~.'!-,), !¿f.~.'..ð:.'.....¡..".,.,..""",.,."""""".,..,."'.'.'.'~ ~ ",;. 'l 1+., ,..,,~, ~~~':' m ~çF /# ~.~..~~ ~ ~.~~/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $6,266,052 in Additional Grant Funding to the School Grants Fund in the FY 2004-05 Operating Budget MEETING DATE: December 7,2004 . Background: On May 25,2004, the School Board adopted its Operating Budget. In this budget, $49,117,027 was contained in the FY 2004-05 School Grants Fund; this amount was based on estimates made, in some cases, several months prior to actual awards. Since then, the amount of some grant awards has increased and additional categorical grants have been awarded. The net increase in grant award amounts is $6,266,052, resulting from $3,868,455 in additional federal funds, $2,369,585 in additional state funds, and $28,012 in new funds from other sources. As noted in local newspaper articles, an additional federal grant awards is $466,967 from the U.S. Department of Education's Office of Safe and Drug-free Schools. This grant is to strengthen the school division's emergency preparation and response plan to effectively deal with a wide range of crises. Considerations: The following table illustrates the adjustments to the FY 2004-05 School Grants Fund as a result of these additional funds. Additional FY 2004-05 Appropriations FY 2004-05 School Grants Fund Adopted Budget Requested Adjusted Budget Revenue Federal $36,864,698 $3,868,455 $40,733,153 State $12,252,329 $2,369,585 $14,621,914 Other $28,012 $28,012 Total $49,117,027 $6,266,052 $55,383,079 . Public Information: The resolution requesting these appropriations was approved by the School Board at its November 3,2004 public meeting. Information will be disseminated to the public through the normal Council agenda process of advertising the agenda items. . Recommendations: Adoption of ordinance . Attachments: School Board Resolution dated November 3, 2004; Ordinance Recommended Action: Submitting Department/Agency: School Board City Manager: ~ 'L."bßn>1 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $6,266,052 IN ADDITIONAL GRANT FUNDING TO THE SCHOOL GRANTS FUND IN THE FY 2004-05 OPERATING BUDGET 6 WHEREAS, a total amount of $6,266,052 in additional school grant 7 funds are available for appropriation; and 8 WHEREAS, by resolution dated November 3, 2004, the School 9 Board requested the City Council to appropriate these funds to the 10 School Grant Fund in the FY 2004-05 Operating Budget. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That $3,868,455 is hereby accepted from the federal 14 government and appropriated to the School Grant Fund in the FY 2004- 15 05 Operating Budget, with revenue from the federal government 16 increased accordingly. 17 2. That $2,369,585 is hereby accepted from the state and 18 appropriated to the School Grant Fund in the FY 2004-05 Operating 19 Budget, with revenue from the state government increased accordingly. 20 3. That $28,012 is hereby accepted from other sources and 21 appropriated to the School Grant Fund in the FY 204-05 Operating 22 Budget, with revenue from other sources increased accordingly. 30 Adopted by the Council of the City of Virginia Beach, Virginia day of , 2004. 31 on the 32 - - - - - - - - - - - -I 32 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B CA9445 R2 H:\PA\GG\ORDRES\School Board Grant ord.doc November 23, 2004 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D. Edwards Chairman District 1 - CentelVille 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (celij Sandra Smlth-Jones Vice Chairman District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Rita Sweet Sellitto At-Large P.O. Box 64909 VA Beach, VA 23467 418-0960 (h) Jane 50 Brooks District 6 - Beach 721 Hiltop Road VA Beach. VA 23454 425-1597 (h) Emma L "Em" Davis Distticl5. Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Edward F. Fisslngar, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coal Road VA Beach, VA 23455 490-3681 (h) Michael W. Stewart DIstrict 3 - Rose HaU 1 05 BrenIWOOd Court VA Bm, VA 23452 498-4303 (h) . 445-4637 (w) ArthurT. Tate At-Large 1709 Ladysmith Mews VA Beld', VA 23455 460-5451 (h) Carolyn D. Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. WIlliams, Ph.D. Dlstrlcl7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT TImothy R. Jenney, Ph.D- 2512 George Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REQUESTING ADDITIONAL GRANT APPROPRIATIONS WHEREAS, on May 25, 2004 the School Board adopted a budget for Grants and Other Funds totaling $90,759,828; and 'VHEREAS, the amount appropriated for Categorical Grants is $49,117,027; and WHEREAS, the budget estimates used for the categorical grant awards are made several months prior to the actual award of the grant; and WHEREAS, increases in grant award amounts and additional categorical grants have been awarded since the adoption of the budget as shown in Attachment A; and WHEREAS, an increase of $6,266,052 in the appropriation for Grants and Other Funds for FY 2004/05 is required to access these available; and WHEREAS, the new appropriation level for Grants and Other Funds should be $97,025,880. . Now, therefore, be it RESOLVED: That the Board requests that the FY 2004/05 appropriation for Grants and Other Funds be increased by $6,266,052 to $97,025,880; and be it further RESOLVED: That a copy of this resolution be'spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 3rd day of November, 2004 ~~ Daniel D. Edwards, Chairman SEAL Attest: 1.l4. eo- ~ v 19. ~ Dianne P. Alexander, Clerk of the Board CERTIFIED TO BE A TRUE AND CORRECT COpy ~ f, ~dM- . Öletk. scnool 8olrel of tl'll CIty of Virginia I!sftch School Administration Building. 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038 Resolution Requesting Additional Grant Appropriations Attachment A November 3, 2004 Grant Name Original Budget Tot~1 Appropriation required Adjustments to total' appropriation by individual grant Assistive Technology FY04 972 Carl Perl<irts FY05 1,061,325 1,115,870 Comprehensive School Reform FY03 1,182 Comprehensive School Reform FY04 ---- - ---- 20,618 Comprehensive School Reform FY05 ...- -- - 50,000 - ---- ~ 50,000 DEQ VEPCO School Bus Retrofit FY05 353,401 -- Emergency Response Crisis Management 466,967 English Literacy Civics Ed FY05 24,313. 37,455 HSTW Bayside FY04 7,210 . HSTW Bayside FY05 11,250 11,250 HSTW First Colonial FY04 5,779 HSTW First Colonial FY05 11 ,250 11,250 HSTW Green Run FY04 7,976 HSTW Green Run FY05 11,250 11,250 HSTW Kellam FY05 11,250 11,250 HSTW Ocean Lakes FY05 11,250 11,250 HSTW Salem FY04 6,870 HSTW Salem FY05 11,250 11,250 HSTW Tallwood FY04 6,393 HSIW Tallwood FY05 11,250 11,250 Instructional Support Team FY05 10,000 10,000 McKinney Homeless FY04 5,174 McKinney Homeless FY05 40,000 40,000 Preschool FY04 33,511 46,858 Preschool FY05 551,460 524,406 Preschool Grant B FY05 524,662 Refugee School Impact FY05 3,592 3,592 Safe and Drug Free FY04 153,012 Safe and Drug Free FY05 388,530 356,983 Sliver FY04 65,160 Sliver FY05 128,550. 126,394 Teaching American History (HEART) FY04 94,199 94,199 Teac!1ing American History (HEART) FYO5 314,088 574,652 260,564 Title I Part A FY04 906,433 363,417 (543,016) Title i Part A FY05 9,582,370 I 11,515,610 1,933,240 TItle i Part D FY04 23,809 23,809 . Title i Part D FY05 72,398 54,626 (17,772) Title it FY03 73,335 73,335 Title II FY04 963,430 1,235,865 272,435 TItle II FY05 2,759,841 2,833,414 73,573 Title II Part 0 FY04 90,600 53,170 (37,430) TitiellPartDFY05 256,231 269,407 13,176 --- Title III FY04 34,179 34,179 Title III FY05 106,916 81,435 (25,481) Title V FY03 93,077 93,077 -- ._-- Title V FY04 323,283 535,762 212,479 -'--- - Title V FY05 "---.. --------.. 624,118 482,939 - .- ... (141,179) TitieVI-BFY03 -..--.- . .--. -..-.....1. -- - - . "" .135,357 -- - 135,357 TitieVI-BFY04 . .....--. -.. ---------.-.1....-.--. ..3,968,812 -.._.___.2,900,932,. - - (1,067,880) Title VI-B FY05 1 13,987,151 14,262,177 275,026 US Dept Energy/HR Clean-Cities Corp FY05 -"--'.-"~~._'.~--..:._.- --~---_.- 90,000 .~--'-== 90,000 ProtectandRespectlntergenerationalFY04- . ..-.............-"': -. -----. 10,105 - - .. 10,105 Reserve for Contingency. -.----. ""'n.'" J 444,797 1,000,000 555,203 Total Federal Grants 1 36,864,698 40,733,153 3,868,455 972 54,545 1,182 20,618 353,401 466,967 13,142 7,210 5,779 7,976 6,870 6,393 5,174 13,347 . (27,054) 524,662 . 153,012 (31,547) 65,160 (2,156) Page 1 of 2 Resolution Requesting Additional Grant Appropriations Attachment A November 3, 2004 r Grant Name rAMS Program Sertoma FY04 Yirginia Geographical Alliance FY03 ~ Shore Circle of the Kings Daughters f.X9_~. Total Other Grants :Technology Initiative FY03 Algebra Readiness FY03 SOL Remediation FY04 :Technology Initiative FY04 Algebra Readiness FY05 .Early Reading Intervention FY05 ISAEP FY05 New Teacher Mentor FY05 Special Ed Jail Program FY05 VA At Risk 4 Yr OIds Detention Home FY04 Career Switcher FY04 Calculator Grant FY05 PASS Partners FY05 Technology FY05 Reserve for Contingency Total State Grants Total Grants Increase in appropriation .-....'. ..... '--'_d'. -- - --' .--------- .- 20,519 20,519 - 2,500 2,500 3,493 ---- 3,493 1,500 1,500 28,013 28,013 --- 1,613,000 1 ,236,485 . (376,515) 229,666 229,666 376,822 376,822 2,712,000 2,743,200 31,200 696,840 643,615 (53,225) 952,622 1,057,142 104,520 62,869 62,869 97,739 97,739 115,782 116,300 518 3,801,600 3,801,600 734,076 734,076 3,000 3,000 Original Budget 2,199,877 12,252,329 49,117,027 ) Total Appropriation required Adjustments to total appropriation by individual grant . 272,063 272,063 4,136 4,136 2,743,200 2,743,200 500,000 (1,699,877 14,621,914 2,369,585 55,383,079 6,266,052 I 6,266,052 Page 2 of 2 -,.",,-.-. TH~ BEACON THURSDAY, NOVEMBER 4, 2004 .. . Safe Schools helps Beach prepare for. crisis scenarios BY CAR()LE O'KEEFFE , . 1HE VlRGlNJAN.I>¡(qr , . PRINCESS ANNE - Some~ . tþii1g tem'ble isgóing, to hap- . pen in B, V¡rgùiia' Beach school on.Aprilll. ~- Well, not re¡illy. ' . But adIninistrators and staffatone,schoôl- stUdents have the dayo(ì -will face asÚDUlated disaster to test'." ,the"',:SyStem'snew 'readiness, 'progr~~ " ,: , ' . , , : . Adiriinistrat(Írsatß¡e,cho;.' , .seri'school willbèalerted thàt ; they.håyeþeéntái'geted; But , th~y'\Von:t'kriow tlj~.'~ d~tills of ,asCenariodeveIQpêd, to " testa,.prôgr,¡ûÎ): thàthåsthus . , " . .' ,'. . .CAROLE O'KEEFfE . . far..be~n:.plåyec1o\J:târoúnêr.a Daiu:JY,Anglln~Jefti coordinatcir of SafeSchools;BUI',Peàchy,.a,~', ,èClñfereljcetäble; . '," '" $çhQÓlss~~lall~; RlChardPo~fdirecitorofSäfe~.hoOISând.'I1rn . ,"Can' we 'máJÛige a CriSis? Jack$Cin,,¡aSarØSCboolsspeciall$t,',dl$cUSsplansfor'VirginlaBèaCh Cån. wetO.nmuiÜcate to,;the PUbt.c:~hOC)Is!ê,.œrgênCY ~på,~ fa~drespor¡sePIåJ1. . ,'" ' ,'publi,ê?":s~d's~e:schoô1s:l)pe~ ' .' . '. ,,' ",' icialistTi1'D:Ja'cksOö;'., ",', propoSäl.' ,','. ',tionplan." . .;":~vï:rgürlå.;~ç1iGityPuþ... 'Yu:~:Beach. Was one,of ,"In" a, reål:~risis; 'parents 1ic:.8ëhôÓ1S: Teceiv:eda safe," more tbanlOO s¿hõOlcdiViSions woùlähave.to'be told where :Schoolsgrarit'ófnêarly. âcrQs$'::11ìènafioil. 'approv:êd '" tQmeêtilieir children, ~onti $5OÒ;OOQhöÌI1the¡tS~Dép~-, t9implèœent..thç18:-IÍ:1ónth'n<~ted,"; .<. ;' '--.c' ',' " 'merit~fEdúçâJio~'$Off!êê'òf'graJlt,:,élIidori1tth~;seco~din., ,'~vçrybo4y's ,involv~~. in :Sate and Drug.FreeSchoo1s;< , Hamptnn ;Roads. " ' ," ' schoolsafetý/'JacksQn.sæd. Theprõg¡;am;:pUllstógether 'Y:IrgunaBeacbschoolshave The~nt..:':Covets wired repr(isèntati\TêS from the been working :.<)nemergenêy 'andwjrêless' êODlIílú11Ícation sêhoôÙ1, poliCe; tire, resèue, . 'Pl"êparatiorifórseveralyèårs~ . êqw.pment,wliges forsú,bsti- public ,and mental health "Wbåtwe^ were already' tùte'swhô'have' filled! in while , departments toresearch,pJan,. Qoing tied right into what the teaêhêI's,ãfêtrained,óv.~è practice'and ,evaluate emer- .grantwas ',' all. about/' 'POl1,ti foi'emploYee$intr~g,and' gency J,"êsponses,to a wide said '. '. " . ' docuínentsforparents bn.safe range of. ërises, said Nancy The ,April nexercise will schooltactl.êS. " . . Soscia,public relations coordi- briögeniêrgency' responders "'i'beproceduresare ,in natorfor. thecity,schQq1s." to the site. School staff will pÙice:go'o/",saidBiUPeachy, a Richar<iPont:ï; director of 'have. to utilize emergency SafèSchools špecialis1:. "Now . the OffiCe of safe Schools respOnse and, safe schoö1séomés:thè test" . and RiSk Maruigemêntj is eo- procedúres.'Me~and,<;om- ",' , 'ordini\ting.thê "projêët.:Henîunicittionsoffiees ofthecity . For furt~rinforTnanon on , and.Soscia':Spent more than and' s¿hooldivision wi1l:hàve. sc'/ipol safèty;êall427~7280, or a móntlÎ.writing .the grant to utilize a jomt commú11Íca- viSitwww,vb~.com. ' .' .' , ' ~~1tnJ::ories G'RAND Op.ENING .~,,' "',, , Sterlii1gSilver " "', ,,',", ',"". '". Han,dba,gS',\sato NOVo6,t, h - S.,a, '1," N,' ~Vo13t,h,' '," Ma,g,netiC and more" , . 10:00am-6:00pm. . - ~ 'Bra.celots ~ . Saturday 11/6 .1&- ..sØ Virginia Beach City Public Schools News Release Page 1 of 1 ...' It, tt. Þ. FOR IMMEDIATE RELEASE Date: 10/13/04 News Release No. 47 Virginia Beach City Public Schools Awarded Safe Schools Grant Virginia Beach City Public Schools received a grant totaling $466,967.00 from the U.S. Department of Education's (DOE) Office of Safe and Drug-Free Schools to strengthen the school division's emergency preparation and response plan in order to effectively deal with a wide range of crises. This significant grant will enable the school division, for the first time. to develop a sustainable joint emergency response plan - coordinated by Virginia Beach City Public Schools and the City of Virginia Beach. The DOE sponsors this grant to emphasize the importance of collaboration between local school divisions and other first responders-fire, police, health, mental health and community groups - during emergency situations. "In this era when there is much emphasis on the need to ensure schools across the nation are a safe haven for students and staff, the funding from this grant will enable the school division's Office of Safe Schools and Risk Management to improve aU phases of crisis management for nearly 76,000 students and 12,000 employees," said superintendent Tim Jenney. "Funding from this grant presents an opportunity to partner with city agencies and their respective resources as it relates to emergency preparedness in our schools." During the next 18 months, both school and city staff will work together to evaluate current safe schools plans. develop training, purchase equipment, review policies/procedures, and ultimately implement a comprehensive safe schools plan to be reviewed and updated on an annual basis. Virginia Beach City Public Schools is one of two school divisions in the state to receive this 18-month grant. School divisions, across the nation, compete annually for funding made available through the Emergency Response and Crisis Management Grant Program. Approximately 109 school divisions across the nation received grants ranging from $55,000 to $500,000. ### Disclaimer. &iie Map ~t.~rp.CH ~o"" .' http://www.vbschools.comlprfy05/047.htm] 11/5/2004 ,~ --- CITY OF VIRGINIA BEACH AGENDA ITEM ) .-.- ITEM: Resolution concurring with the issuance by the Industrial Development Authority of the Town of Mount Jackson, Virginia of Bank-Qualified Revenue Bonds in an amount not to exceed $2,000,000 to be issued for Beth Sholom Home of Eastern Virginia to pay a portion of the costs of the renovation, expansion and equipping of an approximately 75,000 sq. ft., 120 bed nursing home facility located at 6401 Auburn Drive, Virginia Beach, VA 23464 MEETING DATE: December 7,2004 . Background: The City of Virginia Beach has been asked to consider the request of Beth Sholom Home of Eastern Virginia (the "Applicant") for concurrence with the issuance by the Industrial Development Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson Authority") of up to $2,000,000 in Bank-Qualified revenue bonds to assist the Applicant in (i) paying a portion of the costs of the renovation, expansion and equipping of an approximately 75,000 sq. ft., 120 bed nursing home facility located at 6401 Auburn Drive, Virginia Beach, VA 23464; and (ii) pay certain costs of issuance relating to the bonds. The City of Virginia Beach Development Authority is unable to provide Bank- Qualified financing to the Applicant. Bank-Qualified bonds are a type of municipal bond issued by jurisdictions that issue less than $10 million of tax- exempt bonds in a calendar year. Bank-Qualified bonds are specifically excluded from the multi-jurisdictional bond fee policy adopted by the Virginia Beach Development Authority. . Considerations: The matter comes before Council for its approval pursuant to § 15.2-4905 of the Code of Virginia which requires the City Council to concur with the issuance of the bonds by the Mount Jackson Authority. . Public Information: The request was duly advertised on November 4,2004 and November 11 ,2004 for public hearing before the City of Virginia Beach Development Authority, which has adopted a Resolution recommending that the City Council approve the issuance of the bonds. . Alternatives: Not Approve, which would result in the bonds not being issued for the facilities. . Recommendations: Approval . Attachments: lOP Submission to Council Location Map Resolution for City of Virginia Beach Affidavit to Publication and Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development dated November 18, 2004 Inducement Resolution from the Industrial Development Authority of the Town of Mount Jackson, Virginia Concurrence Resolution from the Town Council of the Town of Mount Jackson, Virginia APPROVAL Submitting Department/Agency: Development Authority ~~::a~::~~,J~_.~~ 1 2 3 4 5 6 7 8 A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF MOUNT JACKSON, VIRGINIA OF BANK QUALIFIED REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $2,000,000 FOR BETH SHOLOM HOME OF EASTERN VIRGINIA WHEREAS, there has been described to the City of Virginia Beach Development 9 Authority (the Virginia Beach Authority) the plans of Beth Sholom Home of Eastern Virginia 10 (the Applicant), the principal business address of which is 6401 Auburn Drive, Virginia Beach, 11 Virginia 23464, for the issuance by the Industrial Development Authority of the Town of Mount 12 Jackson, Virginia (the Mount Jackson Authority), of bank qualified revenue bonds in an original 13 principal amount not to exceed $2,000,000 (the Bonds) to pay a portion of the costs of the 14 renovation, expansion and equipping of an approximately 75,000 square foot, 120 bed nursing 15 home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, for working 16 capital for the Applicant, and for a portion of the costs of issuing the Bonds described below 17 (collectively, the "Project"); and 18 19 20 WHEREAS, the Project will be owned by the Applicant; and WHEREAS, it has been represented to this Council that the Mount Jackson Authority 21 held a public hearing with respect to its bonds on November 9,2004, and adopted an approving 22 resolution (the Mount Jackson Authority Resolution) with respect to such bonds on that date; and 23 WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the 24 Virginia Code), provides that this Council must concur with the adoption of the Mount Jackson 25 Authority Resolution prior to the issuance of the Bonds; and 26 WHEREAS, it has been represented to this Council that a public hearing with respect to 27 the Bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the 28 Code), was held by the Virginia Beach Authority on November 18,2004; and 982236vl 29 WHEREAS, on November 18, 2004, following the conclusion of its public hearing, the 30 Virginia Beach Authority adopted a resolution (the "Virginia Beach Authority Resolution") 31 recommending that this Council concur with the Mount Jackson Authority Resolution; and 32 WHEREAS, the Code and Section 15.2-4906 of the Virginia Code provide that the 33 highest elected governmental officials of the governmental unit having jurisdiction over the area 34 in which any facility financed with the proceeds of a private activity bond is located shall 35 approve the issuance of such bond; and 36 WHEREAS, the property to be financed with the Bonds is located in the City of Virginia 37 Beach and the members of this Council constitute the highest elected governmental officials of 38 the City of Virginia Beach; and 39 WHEREAS, a copy of the Mount Jackson Authority Resolution and the Virginia Beach 40 Authority Resolution, and a statement in the fonn prescribed by Section 15.2-4907 of the 41 Virginia Code have been filed with this Council 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 1. The recitals in the preambles hereto are adopted as a part of this resolution as if 45 fully written herein. 46 2. The Council concurs with the adoption of the Mount Jackson Authority 47 Resolution and approves the issuance of bonds by the Mount Jackson Authority, all to the extent 48 required by the Code and Section 15.2-4905 of the Virginia Code. 49 3. The concurrence with the Mount Jackson Authority Resolution, and the approval 50 of the issuance of the Bonds as provided above, as required by the Code and Sections 15.2-4905 51 and 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective 982236vl 52 53 54 55 56 57 58 purchaser of any bond of the creditworthiness of the Applicant and the Bonds shall provide that the City of Virginia Beach shall not be obligated to pay the Bonds or the interest thereon or other cost incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of Virginia Beach shall be pledged thereto. 4. This resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of December, 2004. 59 60 61 62 g~ 65 66 67 68 69 70- 71 72 73 74 75 76 City Clerk CA9399 November 23,2004 APPROVED AS TO LEGAL SUFFICIENCY: ~4t City Attorney 982236vl VIRGINIA BEP~CH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com December 7, 2004 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, V A 23456 Re: Beth Sholom Home of Eastern Virginia Bank Qualified Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with project for Beth Sholom Home of Eastern Virginia, a not-for-profit, non-stock Virginia corporation ("BSHEV") located at 6401 Auburn Drive in the City of Virginia Beach, Virginia. (1) Affidavit to Publication and Notice is Exhibit A, the Notice of Public Hearing is attached as Exhibit B, and a summary of the statements made at the public hearing is attached as Exhibit C. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit D. (2) The Disclosure Statement is attached as Exhibit E. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the bonds described above is attached as Exhibit F. (4) The Fiscal hnpact Statement is attached as Exhibit G . (5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit I is a letter from the appropriate City department commenting on the Project. The Honorable Meyera E. Obemdorf, Mayor Members of City Council December 7,2004 Page 2 (7) Attached as Exhibit J is an Inducement Resolution from the Industrial Development Authority of the Town of Mount Jackson, Virginia. (8) Attached as Exhibit K is a Concurrence Resolution from the Town Council of Town of Mount Jackson, Virginia Very truly yours, NH/mlg Enclosures H:IOID\REAL ESTATEIDEVAUTHIBONDIWORKIDAI575 Beth SholomlDA Council Ltr City & Other Funds.doc Þ. ~i ~ eo .~ Q, ~ '" ,t:: Õ ~ PROJECT: Approx. 75,000 sq. ft., 120 bed nursing home facility LOCATION:: ~ 6401 Auburn Drive at College Park Boulevard '- BOND AM0UNT: Not to exceed $2,000,000 The Virginian-Pilot --------------------------------------------------+--------------------------- I I I I I I I I I I I I I I This day, D. Johnson personally appeared before me and after being duly sworn, made oath that: I I I I I I I I I I I I I I I I I I I I I I I I I I AD SPACE: 104 LINE I Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION WILLIAMS, MULLEN, HOFHEIMER, N SUITE 1700 999 WATERSIDE DR NORFOLK VA 23510 REFERENCE: 39078253 12251201 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated- PUBLISHED ON: 11/04 11/11 TOTAL COST: FILED ON: ------------------- state on the day and year commission expires January 31, 2008 Exhibit B [Virginian-Pilot publication dates: Nov. 4, 2004 and Nov. 11,2004] NOTICE OF PUBLIC HEARING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THURSDAY, NOVEMBER 18, 2004 All persons interested'in the proposed issuance of the below-mentioned bonds by the Industrial Development Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson Authority") should take notice that the City of Virginia Beach Development Authority (the "Virginia Beach Authority") will hold a public hearing on the subject of such bonds and the related plan of fmancing on Thursday, November 18, 2004, at 2:00 p.m., in the Virginia Beach Authority's offices at 222 Central Park Ave., Suite 1000, Virginia Beach, Virginia, which hearing may be adjourned or continued without further notice. The maximum amount, initial owner or operator of the facility to be financed thereby, location of the facility to be financed thereby and purpose of the bonds being considered are as follows: $2,000,000 Industrial Development Authority of the Town of Mount Jackson, Virginia Bank Qualified Revenue Bonds (BSHEV Project), for the benefit of Beth Sholom Home of Eastern Virginia, a not-for-profit Virginia non-stock corporation (the "Applicant"), for the purposes of (1) fmancing a portion of the cost of the renovation, expansion and equipping of an approximately 75,000 square foot, 120 bed nursing home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, (2) providing working capital and (3) paying a portion of the costs of the issuance of the bonds (collectively, the "Projectfl).The Project will be owned and operated by the Applicant, whose principal place of business is located at 6401 Auburn Drive, Virginia Beach, Virginia 23464. Said bonds, if issued, will not create a debt or pledge of the faith and credit of the Commonwealth of Virginia, Shenandoah County, the Town of Mount Jackson, the Mount Jackson Authority, the City of Virginia Beach or the Virginia Beach Authority, and will not be payable from state or local tax revenues. Rather, such bonds will be limited obligations of the Mount Jackson Authority, payable solely fÌ'om funds provided by the beneficiary of the bonds. A copy of the Applicant's application is available for inspection at the Virginia Beach Authority's office, at 222 Central Park Ave., Suite 1000, Virginia Beach, Virginia, during business hours. Any person interested in the issuance ofthe bonds or the location or nature of the proposed project may appear at the hearing and present his or her views. Written comments regarding the proposed resolution may be forwarded either to the Virginia Beach Authority prior to the public hearing in care of Ms. Linda Sheehan, at the above location or by mail~ or to the Virginia Beach Authority during said hearing. Any disabled person who will require an accommodation to participate in the public hearing is requested to call the Authority at least three (3) days in advance of the public hearing. City of Virginia Beach Development Authority 982371vl Exhibit C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING NOVEMBER 18, 2004, AT 2:00 P.M. (BSHEV PROJECT) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Beth Sholom Home of Eastern Virginia, a not-for-profit, Virginia non-stock corporation (the "Applicant"), and that a notice of the public hearing was published once a week for two consecutive weeks in a newspaper having general circulation in the City of Virginia Beach, Virginia, one publication being not less than 14 days prior to the hearing and both publications being not less than 6 days and not more than 21 days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice were being filed with the records of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: Mr. William L. Nusbaum appeared as bond counsel on behalf of the Applicant. Mr. Nusbaum gave a brief description of the Project (defined below). He explained that (1) the Applicant was seeking the issuance of not to exceed $2,000,000 of "bank qualified" tax-exempt revenue bonds, which required the bonds be issued by a "qualified small issuer" within the meaning of Section 265(b) of the Internal Revenue Code of 1986, as amended, (2) the Authority is not a "qualified small issuer," and (3) the Applicant had determined that the Industrial Development Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson IDA") was a "qualified small issuer" for calendar year 2004. Mr. Nusbaum added that the Mount Jackson IDA had agreed to issue not to exceed $2,000,000 of its 2004 Bank Qualified Revenue Bonds (BSHEV Project) (the "Bonds") to finance (a) a portion of the cost of the renovation, expansion and equipping of an approximately 75,000 square foot, 120 bed nursing home facility, located at 6401 Auburn Drive, 982180v2 Virginia Beach, Virginia 23464, (b) working capital for the Applicant, and (c) a portion ofthe costs of issuing the Bonds (collectively, the "Project"), in the City of Virginia Beach. Mr. Nusbaum then introduced Mr. Michael Hammond, Chief Financial Officer ofthe Applicant, who was available to answer any questions, but no questions were asked. No other persons appeared to address the Authority, and the Chainnan closed the public hearing. Following the closing of the public hearing, a resolution entitled "Resolution Recommending that the City Council of the City of Virginia Beach Concur in the Issuance by the Industrial Development Authority of the Town of Mount Jackson, Virginia of Bank Qualified Revenue Bonds for Beth Sholom Home of Eastern Virginia in the Principal Amount Not to Exceed $2,000,000" (the "VBDA Resolution") was moved, seconded and unanimously adopted by the Authority. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia concur with the resolution ofthe Industrial Development Authority of the Town of Mount Jackson, Virginia to issue the Bonds and approve the proposed financing for federal tax law purposes, transmits the VBDA Resolution and a Fiscal Impact Statement to the City Council of the City of Virginia Beach, and asks that this recommendation be received at the next regular or special City Council meeting at which this matter can be properly placed on the agenda for hearing. 982180v2 Exhibit D RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVLOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of Beth Sholom Home of East em Virginia, a not-for-profit Virginia non-stock corporation (the "Applicant"), and the Industrial Development Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson Authority"), with respect to the issuance by the Mount Jackson Authority of bank qualified revenue bonds not exceeding $2,000,000 (the "Bonds") for the purposes of (1) financing a portion of the cost of the renovation, expansion and equipping of an approximately 75, 000 square foot, 120 bed nursing home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, (2) providing working capital and (3) paying a portion of the costs of the issuance of the Bonds (collectively, the "Project"); and WHEREAS, the Project will be owned by the Applicant; and WHEREAS, a public hearing with respect to the Bonds and the financing plan of the Applicant, as required by Virginia law and the Internal Revenue Code of 1986, as amended (thé "Code"), was held by the Authority on the date hereof, and WHEREAS, it has been represented to the Authority that the Mount Jackson Authority held a public hearing with respect to the Bonds on November 9, 2004, and thereafter adopted an approving resolution (the "Mount Jackson Authority Resolution") with respect to such bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 3.' 1. It is hereby found and detennined that the issuance of the Bonds will benefit the inhabitants of the City of Virginia Beach and promote their education, safety, health, welfare, convenience and prosperity. 2. To assist the Applicant, the Authority hereby recommends that the City Council of the City of Virginia Beach (the "Council") concur with the Mount Jackson Authority Resolution, the fonn of wbich has been presented at this meeting, as required by §15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chainnan or Vice Chainnan of the Authority to submit to the Council the statement in the fonn prescribed by § 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to §15.2-4906 of th~ Virginia Code, and a copy of this resolution. All costs and expenses of the Authority in connection with the Bonds and the Applicant's financing plan shall be paid from the proceeds of the Bonds to the extent pennitted by law or from funds of the Applicant and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in confonnity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by à roll call vote of the directors of the City of Virginia Beach Development Authority at a meeting duly called and held on November 18, 2004, and that such resolution is in full force and effect on the date hereof. Dated: November 18, 2004 Q~ t J~ tV Secretary, City ofVirgini each Development Authority 982S13vl Exhibit E DISCLOSURE STATEMENT Date: November 1, 2004 Applicant's Name(s): BETH SHOLOM HOME OF EASTERN VIRGINIA All Owners (if different from applicant): Type of Application: Rezoning: From Conditional Use Pennit: Street Closure: Subdivision Variance: Other: Concurrence in issuance of Bank Oualified Bonds by the Industrial Development Authority of the Town of Mount Jackson. Virginia ****************************************************************************** to The following is to be completed by or for the Applicant: 61854. If the applicant is a CORPORATION, list all the officers of the Corporation: Frances Levy Birshstein, President Helen Sonenshine, Second Vice President Bryan R. Mesh, Executive Vice President Lawrence R. Siegel, Treasurer Jerry Kantor, First Vice President Bernie J. Grablowsky, Third Vice President Pamela Snyder, Interim Secretary Harris R. Sloane, hnmediate Past President 61855. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: The following is to be completed by or for the Owner (if different from the applicant) 61939. If the owner is a CORPORATION, list all ofthe officers of the Corporation: 61940. If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: BETH SHOLOM HOME OF EASTERN VIRGINIA By: ~- A. ./-1~ Bryan. Mesh, Executive Vice President Exhibit F VIRGINIA BEP~CH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com TOWN OF MOUNT JACKSON, VIRGINIA BETH SHOLOM HOME OF EASTERN VIRGINIA BANK QUALIFIED REVENUE BONDS The Authority recommends approval of the captioned financing. The financing will benefit the citizens ofthe City of Virginia Beach, Virginia by providing for the expansion and improyement of an existing home for the aged and infirmed which will contribute to the health and welfare ofthe City's citizens that reside at the facility. .L:,AlllUllV J11ðL-AL llVl.rALl ðlAlElVJ.El"lT ðU.l:SlVllTTEU TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, to permit the Chainnan of the City of Virginia Beach Development Authority to submit the following infonnation in compliance with Section 15.2-4907, Code of Virginia of 1950, states: Name of Applicant: Beth Sholom Home of Eastern Virginia, a not-for-profit Virginia non-stock corporation Facility: Renovation, expansion and equipping of an approximately 75,000 sq. ft., 120 bed nursing home located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, working capital and costs of issuance Maximum amount of financing sought $ 2,000.000 $ 0 $ 0 $ 0 $ 0 Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated business license tax per year using present tax rates a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 830,000 Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $ 50,000 Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $ 150,000 Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $ 444,000 Estimated number of regular employees on year round basis 210 Average annual salary per employee $ 26,000 SUBMITTED BY BETH SHaLOM HOME OF EASTERN VJRGINIA By: Á:-:-7 -- ~--^- Bryan Mesh, Executive Vice President APPROVED: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY B~-~ --- HNl:230263.1 Exhibit H SUMMARY SHEET INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF MOUNT JACKSON, VIRGINIA 2004 BANK QUALIFIED REVENUE BONDS (BSHEV PROJECT) 1. 2. PROJECT NAME: LOCATION: 3. DESCRIPTION OF PROJECT: 4. 5. AMOUNT OF BOND ISSUE: PRINCIPALS: 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? Beth Sholom Home of Eastern Virginia 6401 Auburn Drive, Virginia Beach, VA (1) financing a portion of the cost of the renovation, expansion and equipping of an approximately 75,000 square foot, 120 bed nursing home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, (2) providing working capital and (3) paying a portion of the costs of the issuance of the bonds not to exceed $2,000,000 NONE - a non-stock corporation A-12 Yes No-X N/A ExhIbIt 1 VIRGINIA BEACH Virginia Beacb Development Authority 222 C~nlr<1.l Park Avenuc. S\Jit~ 1000 Virginia ßr::lIch. VA 23462 (757) 437-6464 PAX (757) 499-9894 Weh.fite: www.vtlgov.col11 November 18, 2004 Mr. Robert G. Jones Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Beth Sholom Home of Eastern Virginia Dear Bob: The Department of Economic Development concurs with the issuance of revenue bonds by the Town of Mount Jackson in an amount not to exceed $2,000,000 for Beth Sholom Home of Eastern Virginia. The issuance of these bonds provide a public benefit in that it will provide affordable skilled nursing care for low and very low income elderly. These funds are to be utilized to (1) fInance a portion of the cost of the renovation, expansion and equipping of an approximately 75,000 sq. ft. 120 bed nursing home facility, ]ocated at 640] Auburn Drive, Virginia Beach, Virginia 23462, (2) provide working capital, and (3) pay a portion of the costs of the issuance of the Bonds. I will be happy to answer any questions you may have at our meeting of November 18th. Sincerely, (~~ Director Il1s ExhIbIt J --...." ,- RESOLUTION EVIDENCING THE OFBCIAL INTENT OF THE INDUSTRIAL DEVELOPMENT AU1HORITY OF THE TOWN OF MOUNT JACKSON, VIRGINIA TO ISSUE ITS BANK QUALJFIED REVENUE BONDS FOR BETH SHOLOM HOME OF EASTERN vm.OINIA . IN THE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 WHEREAS, 1he Industrial Development Authority. of the Town of Mount Jackson, Virginia (the "Authority"), was created pursuant to Cbapter49, Title 15.2 of the CodeofVttginiaof 1950, as amended (the "Act"), and is now existing and operating as a public body corporate and politic; and - WHEREAS, the Authority was created to promote the public interest and the safety, health, welfare, convenie,:¡ce and prosperity of the inhabitants of the Commonwealth of Virginia, and the Act empowers the Authority to issue its revenue bonds in accordance therewith to pay all or anypart of the cost of "authority facilities" comprised of facilities for the residence or care of the aged, pursuant to Section 15.2-4902 of Act; and . WHEREAS. representatives of Beth Shalom Home of Eastern Virgínja, a not-fur-profit, Virginia non-stock coxporation (the ~'AppIicantj, have held discussions with representatives of the Town and the Authority with respect to its financing a portion of the cost of the renovation, expansion and equipping of an approximately 75,000 square foot. 120 bed nmsing home facility, located at 640 1 Auburn Drive, VirginiaBeacb, Virginia 23464, for working capital for the Applicant, and for a portion ofthc costs ofissuing the Bonds described below (collectively, the "Project"); and WHEREAS, the Authority, after due notice, has on this date conducted a public hearing on the application of the Applicant for revenue bond financing of the Project in compliance with the requirements ofSeetion 147(f) of the Intema1Revenue Code of1986, as amended (the "Code) and Section 15.2-4906 of1he Act; WHEREAS. the Applicant bas requested that the Authority express its official intent to. finance a portion of the cost of the renovation, expansìon and equipping of the Project and agree in principle to issue not to exceed $2,000,000 of its bank qualified revenue bonds (the "Bondsj therefor, as proposed by the Applicant; NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF MOUNT JACKSON, VIRGINIA: 1. Upon the recommendation of the Applicant, the Authority hereby appoints Williams Mullen as bond counsel to supervise the Authority's proceedings and approve the issuance of the Bonds for the Project, and consents to Williams Mullen also serving as counsel to the Applicant. 9ì9~3Ov3 1 . , -~ ,.' .. 2. To assist the Applicant to undertake the Project, the Authority hereby agrees in principle to issue its Bonds in an amount not to exceed $2,000,000 upon terms and conditions to be mutually agreed upon' by the Authority, the Applicant and the purchaser of the Bonds. The Bonds shall be issued pursuant to an installment sale or loan agreement with the Applicant, a bond purchase agreement with a lender and such other documentation as may be acceptable to such lender and the. Chairman or Vice ChaiIman of the Authority and counsel to the Authority. 3. The Applicant bas represented to the Authority that interest on the Bonds is intended to be generally excluded from the gross income of the holders thereof for federal and state income taX purposes, and that the Authority shall receive an administrative fee for issuing and carrying the Bonds equal to one-tenth of 1% per annum (i.e., 10 basis points) calculated and payable on the outstanding principal balance of the Bonds in such periodic installments as the Applicant and the Authority shall agree. 4. The Applicant having represented to the Authority that it is necessary for the Applicant to continue with the ongoing design, renovation, expansion and equipping oftbe Project which has been under way since the Applicant evidenced its "official intent" for purposes of Treasury Reg. § 1.150.;2 by the adoption by its Board of Directors of a resolution authorizing the' Project on February 11,2004, the A1Jtb.ority hereby airees that the Applicant may proceed with the Project, enter mto contracts for the design, renovation, expansion and equipping thereof, and take. such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Applicant to obligate the Authority without its consent in each instance .to the payment of any monies or the performance of any actions in connection with the Project The Authority agrees that the Applicant mayhe reimbursed from-the proceeds of the Bonds. if and when issued, to the extent permitted by law for all costs so incurred by it. S. All costs and expenses in connection with the Bonds and the design, renovation, . expansion, equippìng and operation of the Project, including but not limited to the fees and expenses of Bond Counsel and counsel t~ the Authority, sball be paid ftom the proceeds of the Bonds to the extent permitted by law or else ftom funds of the Applicant. If for any reason the. Bonds are not issued, it is understood that all such expenses shall be paid by the Applicant and that the Authority shall have no responsibility therefor. 6. Neither the Bonds nor the premium, if any, nor the interest payable thereon shall be a general obligation debt of the Commonwealth of Virginia or any political subdivision thereot: . including the Authority, the Town of Mount Jac~ Virginia (the "Town") or Shenandoah County, Virginia (the "County"), and neither the Commonwea]:th of Virginia, nor any political subdivision thereot: including the Authority, the Town and the CO\1Ilty, and the officials, officers, directoIS . and/or employees, past, present or future, of any or all, are or shall be personally liable _thereon. ~e Bonds, together with the premi~ if any, and the interest payable thereon, shaH be a limited obligation of the Authority payable solely pursuant to the terms of the Bonds and the related documents. 979530V3 2 ! , , ¡ .; ,~ ,.. 7. The Authority hereby recommends that the Town Council of the Town (the "Council") approve the issuance of the proposed Bonds, and directs the Chainnan or Vice Chairman of the Authority to transmit to the Council the Fiscal Impact Statement required by Section 15.2- 4906 of the Act, a copy of this resolution and a reasonably detailed summary of the Authority's public hearing held this date. 8.. Because of the Project's location in the City of Virginia Bcac1I, Virginia, the Authority hereby requests that the City Council of the City of Virginia Beach. Virginia concur with' this resolution in accordance with Section 15.2-4905 of the Act, following the conduct of a public hearing by the City of Virginia Beach Development Authority. 9. The Authority hereby designates Bonds in the aggregate principal amount of $2,000,000 as "qualified tax-exempt obligations" of the Authority for calendar year 2004 within the meaning of Section 265(b)(3) of the Code. 10. The provisions of this resolution are hereby declared to be separable, and if any section, phrase or provjsion of this resolution Sball be declared invalid, such invalidity shall not ærect the validity of the remainder of the sections,. phrases and provisions of this resolution. . . 11. The Authority sha11 perfonn such other acts and adopt such fur1her resolutions as may be required to implement its undertakings hereinabove set forth. 12. This resOlution shall take effect immediately upon its adoPtion. 979S3OvJ 3 . . CERTßi1CATE OF VOTES The following is a record of the vote by the Industrial Development Authority of Town of Mount 1 ackson, Virginia (the "Authority"), on the foregoing resolution, approved at the duly called public'meeting of the Authority held on November 9, 2004, after the holding of-a public hearing thereon, at which public hearing and meeting a quorum of the Authority waS preseiIt: AYE ABSENT NAY ABSTAIN '< ~ 1:::. .~~:n¡:.' Charles Moore, Secretary, IDdustrial Developmènt Authority of the Town ofMO1mt Jackson, Virginia, mS3Ov3 4 j ¡ i ¡ ! . i I ! 1 i . i . J . i .J I I . ¡ ¡ ì ì ¡ [ ì 1 . i j I . ì i . j ¡ j ¡ j ¡ f Exhibit K '{' :8.ESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MOUNT JACKSON. VIRGINIA WHEREAS, the Industrial Devølopment imd Revenue Bond Act, Chapter 49, Tíi1e'¡ 5.2 of the Code of Virginia, as'amended (the "Act"), auth~rizes the cr~ation ~ftbe Industrial DevelopÍnent . Authority of the Town ofMotmt Jaékson, Virginia (the "Authority") and the Town. C~unci1 of the Town of Mount Jackson, Virginia (the "Town") has duly Cteàted the Authority, and . the Act . . empowers the Authority to assist Beth Sholom Home ofE~ern Virginia, a not-for-profit Virginia. non-stock corporation (the It Applicant"), by the issuaJ?ce of the Authority's bonds tp pay a portion of . the costs of the renovation, expansion and equipping ~f an approXimately 75.,000 squarê foot" 120 bed .nursing home facility, located at 6401 Auburn Drive, Virginia Beaël4 Vitginia ~3464, f~.r' working cap~ta.1 for th~ Applicant, and for ~ por1i<?D ofÌh~ costs ofissuing the Bonds described bei9w (collectively, the '"Project"'); and ..:"'" ~REAS. the ,Applicant, whicþ owns the Projec~ has its .present principal place of business at 6401 Auburn Drive, in the City ofVirg1nia Beach, Virginia; and w:aEREAS, Section 147(f) of the Internal Revenue Code of198(j, as amcoded(the "Code"), . '. . requires, among other things. the approval by this Conncil of the issuance of any private activjty bonds by the Authority after the Authority has held a public hearing to consider the issuance of such. bonds as one of the acts required in order for the interest on such bonds to 'qualify. for exemption: from the imposition of federal incomo tax; and , WRERBAS, the Authority hold a public hearing on November 9,2004, in compliance with. the requirements of the Code and Section 1 S..2~906 ~Î the Act and ~ such p~1ic hearing did aoopt a resolution to issue aD. amount not to exceed $2~OOO,OOO of its tax-exet;nPt 2004 Bank 98p.o2v1 - 1 - PAGE 2I3! RCVD AT 11/23/20044:55:46 PM ~astem Standard Time]! SVR:WMCD.FAXl4 * DNIS:4! CSID:5404772351 ! DURATION (mm.ss):01.24 . : , . ~ , . I ¡ ¡ . I ~ I I I 1 I ! i I \'V'-I"VY ~v ~uu't IU.:;J;;J/¡JI. IO,::J4/1~O, b~122ö9307 P 3 , , Qualified Revenue Bonds (BSHEV project) (the "Bonds"), subJect to the adOption oftbis resolution and the concurrence in the issuance of the Bonds by the City Council of the City ofVirgÎnia Beacb, Virginia (the "Virginia Beach city Council"); and WHEREAs, the Authority h.iis recommended that the Council approve atid the Virginia I I . i I Beach City Council concur ~ the issuance of the Bonds; and , . , . 146(g)(2) of the Code. trom the limitation On the volmne ofno~ or bonds the interest on which is WHEREAS, the Bonds, as "quaJiñed 5~1(c)(3) bonmi," will be exempt, Unde1- Section exempt .fi:9m the Ì1nposition of federal incóme tax; and WHEREAS, a copy of the Autho~ty's resolution approving the issuance of the Bonds-, subject to the terms to be agreed upon, a record of the Authority's pJlblic hearing with respect tò the Bonds . and a Fiscal Impact Statement in tho fonn p:reacn"bed by Section 15.2-4907 of the Act, have been filed with the Council; now, therefore. BE.IT RESOLVED by the Town Council of the Town ofMoUIlt Jackson;yirginia; Section 1; That the recitaJB in the preambles hereto are found to be irue and con'eCt in ail respects, and are adopted as tþldings of this CoWlcil as üfully rewritten h~~ . ! Section 2: Thåt the Project proposed to be finànced by the issuance of the Bonds js deen1ed appropriate fur su~h fÏnancing and, accordingly, the issuance of the Bonds is hereby approved. Section 3: The approval of the issuimce of the Bonds, 3$ required by Sections 147(f) ofthè . Code and Section 15.2-4906 of the Act, does not constitute an endorsement tò a proSVective purchaser of the Bonds.ofthe creditwortlriness of the Project ÐX' the Applica.nt and the Bonds shaII provide that the Town ofMoWlt Jackson shall not be obtigated tò pay the Bonds or the'interest thereon or other costs incident thereto and neither the faith or credit not the taxing power óf the Comm.onwealth of Virginia or the Town ofM:ountJackson. shall to pledged thereto. . Section 4: That this resolution shall be in efFect from and after itS adoption. ADOPTED by the Council of the Town of Mount Jackson, Virginia, on this 9th day of November, 2004. ~~5 J dy Fuitz, Cler ... Mayor I .CERTIFrTflAf THIS IS A TRUE COpy' OF A TOWN RECORp. .- . '" ~ &..... PAGE 3/31 RCVD AT 11/23/2004 4:55:46 PM ~astem Standard Time] 1 S~:WMCD.~.AXI41 DNIS:41 CSID:5404772351 I DURATION (mm-ss):D1.24 '" " ~ËJ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve a Non-Binding Term Sheet Relating to the Development of Phase III of the Town Center (Central Business District), Requesting Approval and Execution by the Virginia Beach Development Authority and Authorizing the Development of Supplemental Project Documents. MEETING DATE: December 7, 2004 . Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Council adopted the Central Business District - South Tax Increment Financing District with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phase I of the Project, comprised of a 272,000 square foot office tower, 109,000 square feet of commercial space, a 176-room hotel, an 18,000 square foot bank headquarters building, a 1 ,284-car public parking garage, and public streets, sidewalks and utilities, has been substantially completed. . On June 3, 2003, the City Council approved the Phase II Development Agreement containing the rights and obligations of the Authority and the Developer with respect to Phase II of the Project. One of the blocks associated with the second phase of the Project, the Galyan's Sports and Outdoor Adventure Store, opened in April of 2004 with an adjoining 574-space public parking facility, and 18,000 square feet of retail space. Future development includes a 1 O-story 341-unit luxury apartment complex with an 858-space public parking facility, a public plaza and 194,000 square feet of office/retail/entertainment space. . On October 12, 2004, the City Council approved acquisition of a Portion of Block 6 Town Center for the Performing Arts Center, and authorized award of the Design & Construction contract under the PPEA for the Theater to Clancy & Theys. . Considerations: Phase III of Town Center will be a multi-block, multi-facility mixed-use development consisting of the following elements: Block 6 will have approximately 40,000 square feet of retail/office adjacent to the Performing Arts Center. - - ~-I i Block 7 will comprise an approximately 3D-story high-rise, including approximately 36,000 square feet of retail space, 25,000 square feet of office space, lobby for the Hotel, 17,000 square feet of meeting and pre-function space, 215-room full service Westin Hotel, 104 luxury residential condominiums, and 1, 150-space public parking garage. Block 9 will have an approximate 100,000 square foot building of office/commercial space. A draft Term Sheet was presented to City Council at its November 9,2004 meeting, outlining the proposed Phase III development. . Public Information: Public Information for this item will be handled through the normal Council agenda process. . Alternatives: This Term Sheet reflects the City's on-going commitment to the long-term priority of developing a Town Center for the City. There are certainly other alternatives to development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the area or provide the level of quality proposed. . Recommendations: Approve the Term Sheet relating to Phase III of the Town Center (Central Business District), request approval and execution by the Virginia Beach Development Authority and authorize the development of Supplemental Project Documents. . Attachments: Resolution Recommended Action: Approval of attached ordinance .~~ Submitting Department/Agency: Economic Development N\~ City Manager: ~ l 'Qs> ~ 1 2 3 4 5 6 7 8 RESOLUTION APPROVING A NON-BINDING TERM SHEET RELATING TO PHASE III OF THE TOWN CENTER PROJECT, REQUESTING APPROV AL BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY AND AUTHORIZING THE DEVELOPMENT OF SUPPLEMENTAL PROJECT DOCUMENTS 9 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 10 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have 11 engaged in extensive negotiations with representatives of Annada/Hoffler Development Company, 12 LLC., and its affiliates, regarding the continued development of a Central Business District Project 13 known as "The Town Center of Virginia Beach" (the "Project"); 14 WHEREAS, the Project is a development arrangement between the Authority and 15 Town Center Associates, LLc. (the "Developer"), for a mixed use commercial development 16 utilizing the structure of an economic development park in the B-3A Pembroke Central Business 17 Core District, an area of the City that is zoned to optimize development potential for a mixed-use, 18 pedestrian-oriented, urban activity center with mid-to-high-rise structures that contain numerous 19 types of uses, including business, retail, residential, cultural, educational and other public and private 20 uses; 21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99- 22 2567B establishing the Central Business District-South Tax Increment Financing Fund (the "TIP 23 Fund"); 24 WHEREAS, Phase I ofthe Project has been substantially completed and Phase II of 25 the Project is under construction, with several blocks of Phase II substantially completed; 26 WHEREAS, the Developer has worked with the City Manager and City staff and has 27 proposed a comprehensive development plan for Phase III of the Project; 28 WHEREAS, the Developer has worked with the City Manager and City staff to 29 develop a non-binding term sheet dated December 7, 2004, (the "Phase ill Term Sheet"), which 30 outlines (a) minor modifications to Phase II ofthe Proj ect, (b) a comprehensive development plan for 31 Phase ill of the Project and (c) the proposed responsibilities of the City, the Authority and the 32 Developer with respect to Phase ill of the Project; 33 WHEREAS, a complete copy of the Term Sheet is on file with the City Clerk and was 34 provided to the City Council prior to its December 7, 2004, meeting; 35 WHEREAS, the obligations of the Authority outlined in the Term Sheet would be 36 supported by a support agreement between the City and the Authority (the "Phase ill Support 37 Agreement"), with the traditional public infrastructure costs of the Project to be funded in part 38 through the City's CIP and in part through the Authority's Economic Development Investment 39 Program monies and the other obligations of the Authority structured to be paid, subject to annual 40 appropriation, by the available revenue from the TIP Fund, from the revenue generated by the special 41 tax district and by an additional mechanism for the Developer to pay projected shortfalls in the TIP 42 Fund; 43 44 City's WHEREAS, the City Council finds that Phase III of the Project will stimulate the economy, increase public revenues, enhance public amenities and further the City's 45 development objectives for the Central Business District and provide necessary components to 46 further the goals contained in the City's Guidelines for Evaluation of Investment Partnerships for 47 Economic Development; and 48 WHEREAS, the City Council desires that the Authority approve and execute the 49 Term Sheet and pursue the development of supplemental Project Documents to be negotiated in 50 substantial conformity with the terms set forth in the Term Sheet. 2 51 52 53 54 55 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. The City Council approves the non-binding Tenn Sheet dated December 7, 2004, (the "Tenn Sheet") between the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, LLc. (the "Developer"), a complete copy of which is on 56 file with the City Clerk, which outlines minor modifications to Phase II of the Project and a 57 comprehensive development plan for Phase III ofthe mixed-use commercial development project in 58 the Central Business District utilizing the structure of an economic development park known as the 59 "Town Center of Virginia Beach" (the "Project"). 60 2. The City Council requests and recommends that the Authority adopt a 61 Resolution consistent with this Resolution approving the Tenn Sheet, authorizing its execution, and 62 authorizing the City Manager and the City Attorney, on behalf ofthe Authority, to proceed with the 63 development of supplemental Project documents necessary and appropriate to implement the 64 changes to Phase II and Phase III of the Project substantially as outlined in the Tenn Sheet. 65 3. On behalf of the City of Virginia Beach, the City Manager and the City 66 Attorney are hereby authorized and directed to proceed with the development of supplemental 67 Project documents necessary and appropriate for the modifications to the Project outlined in the 68 Tenn Sheet, with such supplemental Project documents to be in substantial confonnity with the 69 tenns outlined in the T enn Sheet. 70 4. The City Manager is directed to return the final supplemental Project 71 documents for approval by the City Council and the Authority and for authorization to execute the 72 Phase III Support Agreement so that the Authority can then proceed with the next phase of the 73 Project. 3 74 75 of ,2004. 76 77 78 79 80 81 82 83 84 85 86 87 88 89 CA-9353 F:\Data\A TY\Ordin\NONCODE\Early 04 - ORDIN\town center phase III.doc Adopted by the Council ofthe City of Virginia Beach, Virginia, on the day APPMED AS TO ~ t/afM~jd. Finance Department VED AS TO LEGAL SUFFICIENCY: / 4 "'. . :~~ ff' 'Io~' ~G: ",i~~ \\'10 ¡j} ~"~~~~~::;r' ~~:¡... ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION DIRECTING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT FOR FIREFIGHTING AID BETWEEN THE CITY OF CHESAPEAKE AND THE CITY OF VIRGINIA BEACH MEETING DATE: December 7,2004 . Background: The City of Virginia Beach entered into a mutual aid agreement for emergency fire protection aid with the City of Chesapeake in 1968. Both cities are still operating under the provisions of that agreement. Chesapeake has requested we execute an updated agreement so they can fulfill a specified requirement of their certification program. . Considerations: The Virginia Beach Fire Department will also need this updated mutual aid agreement for their certification evaluation next year. . Public Information: This resolution will be advertised in the same manner as other Council agenda items are advertised. . Recommendations: Adopt resolution. Attachments: . Resolution Summary of Terms Mutual Aid Agreement Recommended Action: Adopt Resolution Submitting Department/Agency: Fire/Chief Cade ~ City Manage~ lc ~~ 1 2 3 4 5 6 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT FOR EMERGENCY FmE PROTECTION SERVICES WITH THE CITY OF CHESAPEAKE WHEREAS, Code of Virginia §27-2 authorizes local governments to enter into 8 mutual aid agreements for emergency fire protection services with nearby localities; 9 WHEREAS, each of the parties hereto maintains equipment and personnel for 10 emergency fire protection responses within its own jurisdiction and areas; 11 WHEREAS, it is recognized that potential emergency fire protection needs exist 12 in Virginia Beach and Chesapeake which are conceivably beyond the abilities of 13 individual emergency fire protection response forces supported by Virginia Beach or 14 Chesapeake to resolve individually; and 15 WHEREAS, Virginia Beach and Chesapeake are cognizant of the benefits 16 which they will derive from mutual fire protection assistance. 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the accompanying mutual aid agreement for emergency fire protection aid 20 is hereby approved, and the City Manager is hereby authorized and directed to execute 21 said agreement on behalf of the City of Virginia Beach. A summary of the material 22 tenns for the agreement is attached hereto and a true copy ofthe agreement is on file 23 with the City Attorney. Adopted by the Council ofthe City of Virginia Beach, Virginia on the day of , 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA-9241 H:\P A \GG\ORDRES\Fire Mutual Aid Agreement - Cheseapeak res.doc R-l November 1,2004 -I MOD between the Cities of Virginia Beach and Chesapeake for Emergency Fire Protection Aid SUMMARY OF TERMS Parties: City of Virginia Beach and City of Chesapeake Event: Any fire-related emergency requiring a sizable personnel and/or equipment response that exceeds the abilities and resources of the party requesting assistance. Term: This agreement will commence on the day it is executed, and will supercede the current mutual aid agreement between the parties that was signed April 29, 1968. Responsibilities of the City Requesting Aid: . Requestingjurisdiction's incident commander shall ensure request for mutual aid response is communicated in compliance with established policy. . Requesting jurisdiction shall designate a radio communication system for use by all emergency personnel. . The incident commander from the requesting jurisdiction will be in full command of the operation. . The incident commander from the requesting jurisdiction may relinquish his command to the senior officer from the responding jurisdiction, but not be relieved of his responsibility for the operation. Responsibilities of the City Responding to the Request for Aid: . The responding City will detennine if the requested personnel and equipment are needed or are being used within the boundaries of that jurisdiction, and if responding to the call for aid can be accomplished. . The responding equipment and personnel remain under the control of their supervisors. . The senior supervisor reports to and takes directions from the requesting party's incident commander. . The responding City may tenninate the aid at any time, if it detennines the responding personnel and equipment are needed for other duties within it own boundaries. Other Terms: Termination: . Services perfonned and expenditures made under this Agreement are for public and governmental purposes and all immunities from liability enjoyed by the City within it boundaries shall extend to its participation in rendering assistance outside its boundaries. . Mutual aid response is rendered once a party leaves it own jurisdictional boundaries. . All employee benefits such as worker's compensation, remain the responsibility of the employing city. . Under the provisions of Virginia State Code Section 27-2, each party waives all claims against the other party, and agrees to indemnify and save harmless the other party from all claims by third parties that arise out of the activities ofthe other party outside their respective jurisdiction. . This agreement may be tenninated by either party by giving 3D-days written notice to the other party. FIRE EMERGENCY RESPONSE MUTUAL AID AGREEMENT THIS AGREEMENT, made and entered into this - day of 2004, by and between the CITY OF CHESAPEAKE, VIRGINIA and the CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, Code of Virginia Section 27-2 authorizes local governments to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of fire protection; WHEREAS, each of the parties hereto .maintains equipment and personnel for fire protection within its own jurisdiction; WHEREAS, the parties hereto desire to augment the fire emergency response capabilities available in their respective areas; WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in a fire emergency is deemed feasible; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms. NOW, THEREFORE, for and in consideration of the premises and mutual promises set forth herein, the parties do hereby agree as follows: 1. In the event of a fire emergency in a party's jurisdiction that may necessitate the need of a mutual aid response, it shall be the duty of the requesting jurisdiction's incident commander to assure that the request for the mutual aid response is communicated per the requesting jurisdiction's policy. 2. In the event a request for assistance is properly made by the requesting jurisdiction, the responding equipment and personnel shall remain under the control of their own supervisor(s), the senior supervisor reporting to and taking directions from the requesting party's incident commander. 3. The incident commander of the requesting jurisdiction shall assume full command of the operations, but if that incident commander specifically requests the senior officer of the responding jurisdiction to assume command and that officer does so, the requesting party's incident commander shall not, by relinquishing command, be relieved of his/her responsibility for the operation. 4. The requesting party shall be responsible for designating a radio communÏcations system for use by all emergency personnel. 5. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the local government within its 2 boundaries shall extend to its participation in rendering assistance outside its boundaries. It is understood that for the purposes of this Agreement, the mutual aid response is rendering aid once a party departs its own jurisdictional boundaries. 6. All pension, disability, worker's compensation, life and health insurance and other benefits enjoyed by personnel participating in the mutual aid response shall extend to the services they perform under this Agreement whether inside or outside of their respective jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the participating personnel's jurisdiction. 7. Each party hereto agrees to waive any and all claims against the other party which may arise out of their participation in mutual aid response activities under this Agreement inside or outside of their respective jurisdictions. 8. Neither party to this Agreement shall be liable to the other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from the other jurisdiction. Neither party shall be liable to the other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement; except, however, the responding jurisdiction may request reimbursement to replenish equipment and supplies. 3 9. Nothing contained in this Agreement shall, in any manner, be construed to require either party to respond to a request for services when the service personnel of the jurisdiction to whom the request is made are, in the opinion of the requested jurisdiction, needed pr are rendering assistance within the boundaries of that jurisdiction, nor shall any such request require the requested jurisdiction to continue to provide services to another jurisdiction when its service personnel, vehicles or equipment are, in the requested jurisdiction's opinion, needed for other duties within its own boundaries. 10. Each party agrees to indemnify and save harmless the other party from all claims by third parties for property damage, personal injury or death which may arise out of the activities of the other party outside their respective jurisdictions. 11. Either party may terminate this Agreement by providing thirty (30) days written notice to the other party. 12. This Agreement supersedes any and all previous mutual aid agreements made solely between the parties. Regional or statewide mutual aid agreements or programs in which the parties participate shall not be affected by the terms of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager ATTEST: City Clerk Approved as to legal sufficiency: By: City Attorney CITY OF CHESAPEAKE, VIRGINIA By: City Manager ATTEST: City Clerk Approved as to legal sufficiency: By: City Attorney 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Department of Justice Equipment Grant Applications MEETING DATE: December 7, 2004 . Background: In June of 2004, the City was notified that the Department of Justice would be providing pass-through funding for localities to support equipment needs related to preparedness and response to weapons of mass destruction (WMD) events. The Virginia Department of Emergency Management has awarded the City a total of $1,361,634 through a population formula. The grant requires a resolution of support from City Council and that equipment purchases must be approved by the grantor prior to receipt of the funds. A committee has met to assess the needs and priorities for the City as a whole. The final determinations for funding were endorsed by the Safe Community Strategic Issue Team. This committee determined that this initial funding was best spent primarily on public-safety related equipment. Funding from these grants will be allocated: . $23,000 to train instructors within the city to carry out all necessary training for city personnel related to WMD . $38,400 to train responders in basic Incident Command Structures as required by the Department of Homeland Security . $45,000 to purchase of a mass casualty response truck . $20,000 to purchase of ventilators . $40,000 to purchase of radiation pager detectors . $125,000 to purchase of card access systems for municipal buildings . $60,000 to address the need for a backup refrigeration unit for medications stored by the Health Department . $80,000 for a radio amplifier for the Operations Building . $100,000 for a community alert and notification system . $92,225 for personal protective equipment for city responders . $250,000 to upgrade alert systems at fire-rescue stations . $166,009 to purchase of radios for public safety personnel . $90,000 for the extension of pictometry assessment of the city . $220,000 to purchase a SWAT response vehicle for Police . $10,000 to purchase night vision goggles for Police . $2,000 for a flaring kit . $1,361,634 Total . Considerations: This funding will provide better capabilities to safely address everyday emergency response in addition to increasing the City's preparedness to respond to events involving terrorism or weapons of mass destruction. . Public Information: Public Information will be handled through the normal Council agenda process. . Alternatives: The city currently does not have the capacity to fund the requested items within current revenue projections. . Recommendations: Adopt the resolution to support to the applications for the grant proposals totaling $1,361,634 to address ongoing emergency response need and increasing the City's capability to effectively respond to WMD events. . Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Management Services City Manager: ~ ~~ 1 2 3 4 A RESOLUTION TO EXPRESS SUPPORT FOR AU. S . DEPARTMENT OF JUSTICE GRANT A?PLICATION FOR EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF WEAPONS OF MASS DESTRUCTION 5 6 the City of Virginia Beach has completed the WHEREAS, application for an equipment grant from the U. S. Department of 7 8 Justice related to local responses to the use of weapons of mass destruction. 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, Virginia: 11 That James K. Spore, City Manager, or his designee, is 1. 12 hereby authorized to execute for and on behalf of the 13 14 City of Virginia a public entity established Beach, under the laws of the Commonweal th of Virginia, this 15 16 application and to file it in the appropriate state office for the purpose of obtaining certain federal 17 18 financial assistance under the Office of Justice Programs, National Domestic Preparedness Office Grant 19 20 Program ( s) , administered the Commonwealth of by Virginia. 21 That the Virginia Beach City Council, a public entity 2. 22 established the of the Commonwealth of under laws 23 Virginia, hereby authorizes its agent to provide to the 24 Commonwealth and to the Office of Justice Programs for 25 pertaining federal financial all matters to such 26 assistance any and all information pertaining to these 27 grants as may be requested. 28 29 Accepted by the Council day of Virginia on the Approved as to Content: jj CA9451 R2 December 1, 2004 H:\PA\GG\ORDRES\DOJ Grant Res. doc of the City of Virginia Beach, , 2004. Approved as to Legal Sufficiency: ¿(-.." s: £7-~¿L flë C:ity Attorn L. PLANNING Ordinance to Amend and REORDAIN the City Zoning Ordinance (CZO) § 111,204,1502,1503,1506 and 1507 re to the definition of the term "Lodging Unit," loading space requirements for certain lots, and dimensional requirements, sign regulations, density regulations and desired design features and incentives in the RT-l Resort Tourist District. 1. 2. Applications of CITY OF VIRGINIA BEACH re the 9th and 10th Street Marriott Project: a. AUTHORIZE the non-binding Term Sheet, dated November 23, 2004, between the City, the Development Authority and Tidewater Hotels and Resorts, (i) (ii) (iii) (iv) (v) REQUEST the Authority adopt a Resolution consistent with this Resolution approving the Term Sheet, authorizing its execution AUTHORIZE the City Manager to EXECUTE the Term Sheet on behalf of the City AUTHORIZE assignment of the City's lease hold interest in parking spaces at the 9th Street Parking Garage (now under lease) to the Development Authority: REQUEST the Authority adopt a resolution excepting this assignment: and, AUTHORIZE the City Manager and the City Attorney, on behalf of the City, to proceed with the development of the necessary documents and appropriate evidence for this assignment ESTABLISH a Capital Project for the 9th and 10th Street improvement and AUTHORIZE and TRANFSER $1,324,882 from Economic Development Infrastructure Projects to create these improvements, relocate the utility lines and construct new connector parks and public accessways AUTHORIZE the City Manager to execute documents necessary and appropriate to implement the requirements of the project substantially as outlined in the Term Sheet b. discontinuance. closure. and conveyance of a portion of 10th Street at Atlantic Avenue. (DISTRICT 6 - BEACH) AUTHORIZE a temporary encroachment to construct and maintain a paver pool deck, walkways, to the bike path, decorative loggia with columns, fence on concrete base, landscaping, and a balcony upon the City's property for OCTO, INC. at 921 Atlantic Avenue. (DISTRICT 6 - BEACH) c. RECOMMENDATION: APPROVAL Application of BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC.. for a Chanf¿e ofZoniM District Classification from A-IS Apartment District to Conditional A-24 Apartment District at 1100 Indian Road (DISTRICT 6 - BEACH) 3. RECOMMENDATION: APPROV AL Application of STEPHEN LETOURNEAU for a Conditional Use Permitto operate a small automobile paint garage at 156A Chestnut Avenue. (DISTRICT 3 - ROSE HALL) 4. RECOMMENDATION: APPROVAL 5. Application of THE TERRY COMPANIES FIVE, L.L.C. for a Conditional Use Permit for multi-family dwellings on the north side of Shore Drive at its intersection with Cherry Tree Place and to the Chesapeake Bay (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 6. Application ofFRANCISCUS COMPANY, INC. for a Cham¿e ofZoninf! District Classification from R-I0 Residential District to Conditional A-12 Apartment District at Wesleyan Drive, and Diamond Springs Road (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROVAL 7. Application of SAL TMEADOW BAY, L.L.C. for a Moditication to the Land Use Plan (approved by City Council on March 11, 2003), to permit certain encroachments at Oakland A venue, Oceanfront (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL 4""""'?; (r:~~ 'J'~1 t~~' )~~ " ~~:¿,!:~:;!:W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Amendments to the City Zoning Ordinance for the RT -1 Resort Tourist District MEETING DATE: December 7,2004 . Background: An Ordinance to amend and reordain Sections 111, 204, 1502, 1503, 1506 and 1507 of the City Zoning Ordinance, pertaining to the definition of the term "lodging unit," loading space requirements for certain lots, and dimensional requirements, sign regulations, density regulations and desired design features and incentives in the RT-1 Resort Tourist District. . Considerations: Proposals for development in the RT-1 Resort Tourist District in recent years have brought to the attention of City staff the need for a number of adjustments to the City Zoning Ordinance (CZO) regulations governing the district. The attached package of amendments addresses the needed adjustments as follows: 1. Section 111: Under the current City Zoning Ordinance definition, dwelling units are distinguished from lodging units by having kitchen facilities. As an exception, however, the CZO definition of "lodging unit" allows units that are no larger than 650 square feet and that are available for occupancy for periods of less than one week to be considered lodging units, even if they have kitchen facilities. The amendments would allow hotel rooms that have kitchen facilities to be larger (1,200 square feet rather than 650 square feet) and still be considered lodging units if they are not made available for occupancy for periods of more than one month. 2. Section 204: The amendment allows uses other than hotels on lots in the RT-1 or RT-2 Tourist District that front on a trolley lane on Atlantic Avenue not to have loading spaces on site. Hotels must provide at least one (1) loading space. 3. Section 1502: The proposed amendments to Subsection (c) allow reduced or zero setbacks if approved by the Planning Director under the conditions set forth in the amendments. Those conditions closely resemble the criteria adopted by the City for reduced setbacks in the B-3 Central Business District. The proposed amendments to Subsection (e) allow the size and width of separate open space areas to be combined in order to qualify for increased building height, and clarify that the open space may be dedicated to the City in fee simple as well as by perpetual easement. City of Virginia Beach - RT-1 Amendments Page 2 of 2 4. Section 1503: The amendments allow up to two building identification signs on hotels greater than 10 stories in height, each of which may not exceed 300 square feet in area. The amendments also limit the location of such signs. 5. Section 1507: The amendments (a) change the criteria which entitle a use in the RT-1 Resort Tourist District to "bonus" density and (b) increase the density which results from providing the desired features. . Recommendations: . The Planning Commission passed a motion by a recorded vote of 11-0 to approve the amendments. The Resort Advisory Commission reviewed and recommended adoption of the proposed changes to the RT-l District. Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmentl Agency: Planning Department~ ~ City Managerr' ~ CITY OF VI RGI N IA BEACH Agenda Item # 13 November 10, 2004 Public Hearing The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 111, 204, 1502, 1503, 1506 AND 1507 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE DEFINITION OF THE TERM "LODGING UNIT," LOADING SPACE REQUIREMENTS FOR CERTAIN LOTS, AND DIMENSIONAL REQUIREMENTS, SIGN REGULATIONS, DENSITY REGULATIONS AND DESIRED DESIGN FEATURES AND INCENTIVES IN THE RT-1 RESORT TOURIST DISTRICT. Proposals for development in the RT-1 Resort Tourist District in recent years have brought to the attention of City staff the need for a number of adjustments to the City Zoning Ordinance (CZO) regulations governing the district. The attached package of amendments addresses the needed adjustments as follows: 1. Section 111: Under the current City Zoning Ordinance definition, dwelling units are distinguished from lodging units by having kitchen facilities. As an exception, however, the CZO definition of "lodging unit" allows units that are no larger than 650 square feet and that are available for occupancy for periods of less than one week to be considered lodging units, even if they have kitchen facilities. The amendments would allow hotel rooms that have kitchen facilities to be larger (1,200 square feet rather than 650 square feet) and still be considered lodging units if they are not made available for occupancy for periods of more than one month. 2. Section 204: The amendment allows uses on lots in the RT-1 or RT-2 Tourist District that front on a trolley lane on Atlantic Avenue not to have loading spaces on site. 3. Section 1502: The proposed amendments to Subsection (c) allow reduced or zero setbacks if approved by the Planning Director under the conditions set forth in the amendments. Those conditions closely resemble the criteria adopted by CITY OF VIRGINIA BEACH Agenda Item 13 Page 1 the City for reduced setbacks in the B-3 Central Business District. The proposed amendments to Subsection (e) allow the size and width of separate open space areas to be combined in order to qualify for increased building height, and clarify that the open space may be dedicated to the City in fee simple as well as by perpetual easement. 4. Section 1503: The amendments allow up to two building identification signs on hotels greater than 10 stories in height, each of which may not exceed 300 square feet in area. The amendments also limit the location of such signs. 5. Section 1507: The amendments (a) change the criteria which entitle a use in the RT-1 Resort Tourist District to "bonus" density and (b) increase the density which results from providing the desired features. Staff recommends approval of the amendments. CITY OF VIRGINIA BEACH Agenda Item 13 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 111, 204, 1502r 1503r 1506 AND 1507 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE DEFINITION OF THE TERM "LODGING UNIT," LOADING SPACE REQUIREMENTS FOR CERTAIN LOTSr AND DIMENSIONAL REQUIREMENTS, SIGN REGULATIONS, DENSITY REGULATIONS AND DESIRED DESIGN FEATURES AND INCENTIVES IN THE RT-1 RESORT TOURIST DISTRICT. Sections Amended: City Zoning Ordinance Sections 111, 204r 1502, 1503r 1506 and 1507 Sec. 111. Definitions. For the of this ordinance, words used in the purpose present shall include the future; words used in the tense 16 singular number include the plural and the plural the singular; 17 the use of any gender shall be applicable to all genders; the 18 word "shall" is mandatory; the word "may" is permissive; the 19 word "land" includes only the area described as being above mean 20 level; and the word "person" includes individual, a sea an 21 partnership, association, or corporation. 22 In addition, the following terms shall be defined as herein 23 indicated: 24 . . . . 25 Lodging unit. Li ving quarters for a family which do not 26 contain independent kitchen facilities; provided, that howeverr 27 dwelling units which do not exceed .:>ilC hundred fifty (650) one 28 thousand, hundred (1,200) feet and made two square are not 29 available for occupancy on a lease or rental basis for periods 30 31 32 33 34 35 36 37 38 39 40 41 of ~ more than one (1) wee* month shall be considered lodging units even though they contain independent kitchen facilities. COMMENT Under the current City Zoning Ordinance definition, dwelling units are distinguished from lodging units by having kitchen facilities. As an exception, however, the CZO definition of "lodging unit" allows units that are no larger than 650 square feet and that are available for occupancy for periods of less than one week to be considered lodging units, even if they have kitchen facilities. The amendments would allow hotel rooms that have kitchen facilities to be larger (1,200 square feet rather than 650 square feet) and still be considered lodging units if they are not made available for occupancy for periods of more than one month. 42 Sec. 204. Off-street loading requirements. 43 (a) The off-street loading requirements herein specified 44 shall apply to all zoning lots exceeding five thousand (5,000) 45 square feet in area for the class or kind of uses indicated. In 46 additionr in connection with planned development zoning and 47 conditional use permits involving such classes or kinds of uses, 48 special requirements may be imposed. 49 (b) if building existing the effective Moreover, any on 50 of these provisions is subsequently altered increase to date 51 floor area by fifty (50 ) or converted from any percent or more, 52 other use to the uses listed in column 1 of the chart below, 53 off-street loading spaces shall be provided as indicated. 54 (c) Where a building is used for more than one and use, 55 floor area for each use is below the minimum requiring a loading 56 the floor of several shall be the uses aggregate area space, 57 used determining the number 2 of loading required, In spaces 58 provided that such calculations shall be based on the use 59 category requiring the greatest number of loading spaces. 60 TABLE INSET: Column 1 Column 2 Column 3 Use of Use Category Floor Area in Loading Space Square Feet Requirements Retail stores, 2,000--10,000 1 eating and drinking 10,001-20,000 2 establishments, 20,001-40,000 3 wholesale houses, 40,001-60,000 4 warehouses: repair, 50,000 over 60,000 1 additional general service, manufacturing or industrial establishments Hotels, hospitals 5,000--10,000 1 or similar 10,001-50,000 2 institutions or 50,001-100,000 3 places of public Each 100,000 over 1 additional assembly 100,000 Funeral homes or 2500-4rOOO 1 mortuaries 4,001-6,000 2 Each 10,000 over 6,000 1 additional Offices or office 20,000--50,000 1 buildings 50,001-100,000 2 Each 100,000 over 1 additional 100,000 Hotels on lots in Any One - the RT-1 or RT-2 Resort Tourist District having frontage on a trolley lane of Atlantic Avenue Uses in the RT-2 Any None - Resort Tourist District other than hotels 61 3 62 63 64 65 66 (d) No loading space required under the provisions of this ordinance shall be in any street or alley, but shall be provided within the building or on the lot. less than half the of No required number of off-street loading spaces, but in all cases at least one space, shall have a vertical clearance of at least 67 (14 ) feet, and balance of required shall the spaces fourteen 68 vertical of least (10 ) Each clearance at ten feet. have a 69 loading space shall have minimum horizontal dimensions of twelve 70 (12 ) by thirty-five ( 35) feet. Each space shall be unobstructed 71 and shall be so arranged that any using vehicle may be moved 72 without moving another. Adequate maneuvering areas and access to 73 a street shall be provided and shall have a vertical clearance 74 of at least fourteen (14) feet. All spaces shall be provided and 75 maintained with an all weather surface. Where loading areas are 76 illuminated, all sources of illumination shall be so shielded as 77 direct reflection toward adjacent premises in prevent to any 78 residential, apartment or hotel districts. In addition, loading 79 for three (3) vehicles shall individual have spaces or more 80 marked, and within B-3A Pembroke Central spaces except the 81 Business District, shall be arranged no that Core spaces so 82 maneuvering directly incidental to entering or leaving a loading 83 space shall be on any public street, alley or walkway. 84 4 85 86 87 88 89 90 91 92 93 94 95 96 97 98 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 COMMENT The amendment adjusts the number of loading spaces required of hotels in the RT-l and RT -2 Resort Tourist Districts and allows other uses in the RT -2 District not to have loading spaces, so long as they front on an Atlantic Avenue trolley lane. . . . . A. Sec. 1502. 99 (a) feet. (b) (c) five ARTICLE 15. RESORT TOURIST DISTRICTS RT-1 RESORT TOURIST DISTRICT D~ensional requirements Minimum lot size: thousand (14,000) square Fourteen Minimum lot width: Seventy (70) feet. Minimum yard requirements: Five (5 ) feet front yard, (5) feet side yard when adj acent to a street, other than the boardwalk; provided, however, that the Planning Director may allow a lesser or zero setback where: (1 ) the proposed development is and quality of a type consistent with applicable standards set forth in the Comprehensive Plan; (2 ) amenities and architectural features of the the development, particularly the design of proposed building facades facing connector parks or east-west oriented are provided in such manner as to streets, create an attractive and pedestrian-scale streetscape; and 5 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 (3) mechanical other than public utility no equipment, facilities, receptacles visible from refuse are or grade level on the public right-of-way. (d) Maximum height: hundred (100) the feet at One easternmost property line and one and one-half (1 1/2) feet of height for each additional foot west of the easternmost property line not to exceed an overall maximum height of two hundred (200) feet. (e) The height of any building or structure may be increased to a maximum height of two hundred (200) feet if permanent open space meeting the following criteria is provided on either (i) the same zonlng lot as the building or structure, or (ii) on another lot under the same ownership as the lot on which the building or is located and separated from structure such lot solely by a public street of no more than one hundred (100) feet in width and by a distance no greater than the width of the public street, and: ( 1) The open space consists of an area or areas having a total of no less than fifteen thousand (15,000) square feet, has total width both the and a at eastern western property lines of less than hundred no one (100) a-Rè extends continuously from Atlantic feet, Avenue the nearest public property lying of east to 6 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 (e) hereof, height navigation. the open space, and both eastern and western property lines are no less than twenty-five (25) feet in width; (2 ) pcrpctu.:ll othcr legal instrument c.:l:Jcmcnt A or conveying fee simple title or a perpetual easement to the city, in form and content acceptable to the city attorney, ensuring the permanent availability of such open space for use by the general public is admitted to record in the clerk's office of the circuit court; and (3 ) Such is unobstructed artificial by any open space structure standing than eighteen (18 ) inches more above ground level, for benches, planters or except similar decorative fixtures, public site art, lighting, bandshellsr public rooms, stages, rest or other public amenities approved the planning by director. The location of any such structures shall, where feasible, be located so as to preserve views of the Atlantic Ocean. (f) Notwithstanding the provisions of subsections and (d) no building other shall the or structure exceed limit established by section 202 (b) , regarding air 7 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 COMMENT The proposed amendments to Subsection (c) allow reduced or zero setbacks if approved by the Planning Director under the conditions set forth in the amendments. The proposed amendments to Subsection (e) allow the size and width of separate open space areas to be combined in order to qualify for increased building height, and clarify that the open space may be dedicated to the City in fee simple as well as by perpetual easement. Sec. 1503. Sign regulations. (a) Within Tourist District, sign the RT-1 Resort regulations pertaining to hotels and motels shall be as follows: (1 ) each (20) of frontage and each for For twenty feet forty (40 ) feet of line adj oining a street, but lot not constituting frontage, not more than one (1 ) sign and not more than forty (40 ) feet of surface square area of signage shall be permitted; provided, however, that no establishment than four (4 ) shall have more signs of which one (1) may be a freestanding sign; and provided further, establishment having a that no frontage of than hundred (100) feet shall less one have freestanding establishment having a sign. No a frontage of at least one hundred (100) feet but less than or equal to two hundred (200 ) feet shall have a freestanding sign exceeding thirty-two (32) square feet of face, and no establishment surface area per having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five 8 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 (75) feet of surface face. No square area per freestanding sign shall exceed two (2) and no faces, sign of any other type shall exceed one hundred fifty (150) square feet of surface area, provided, however, that hotels greater than ten (10 ) stories in height may have a maximum of two (2) building identification signs, each of which shall exceed three hundred not (300) square feet in surface area. Such signs shall be mounted on or above the top one-quarter (1/4) of the buildingr above the roofline of such but not buildingr and only one sign per building facade (1 ) shall be allowed. Any establishment or property having less frontage lot line adjoining a street than or required above (1) sign exceeding have one not may thirty (30 ) square feet of surface area. As used in this section, "building identification sign" means a slgn which displays only the name of the building on which it is located. (b) Within RT-1 Tourist District, sign the Resort regulations pertaining multiple-family dwellingsr parks, to playgrounds, community centers, botanical and zoological gardens and other public buildings and uses shall be as specified in the district where the use is first permitted as a principal use. 9 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 (c) Identification signs for boardwalk cafes permitted as part of a city council approved franchise agreement shall not be counted against the sign allowance specified elsewhere in this section. (d) Identification signs for bicycle rental establishments, as permitted in section 1501(a) (4), shall not be counted against the sign allowance specified elsewhere in this section. (e) Sign regulations pertaining all and other to uses structures shall specified in RT-2 Tourist be as the Resort District. COMMENT The amendments allow up to two building identification signs on hotels greater than 10 stories in height, each of which may not exceed 300 square feet in area. The amendments also limit the location of such signs. . . . . Sec. 1506. Maximum density ratings. Except as otherwise provided in Section 1507, ~ the maximum density of hotel and motel development shall be one hundred sixty (160) units per acre for the entire zoning lotr of which no more than ten (10) shall be dwelling units r percent even if partially occupied other principal uses or by conditional uses. 10 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 COMMENT The amendment to this section is necessary in light of the revisions to Section 1507. Sec. 1507. Desired design features and incentives. (a) For tho:;e uses .,:hich incorpor.J.te .J.ll of the follo.,:ing de::;ired de:;ign fe.J.ture::; on lots with minimum area of twenty thousand (20,000) (2) Setb.J.ck from e.J.:;t ì:e::;t ::;treet::; feet ..:ith the l.J.nd::;c.J.ped In .J.re.J. l.J.nd:;c.J.ping, ocreening .J.nd buffering :;t.J.nd.J.rdo architectural features, site (1 ) a Hinimum lot ::;i ze square feet~ and having of le.J.::;t (10) .J.t ten .J.ccord.J.nce .,:ith the ::;pecific.J.tion::; .J.nd design landscaping and consistent with the Comprehensive Plan, .J.ny Not.,:i th::;t.J.nding pro7i:;ion to the contr.J.ry .J.bo7e, the maximum density of hotel and motel shall hundred be one uses (175) uni ts per acre, of which no more :;ilCty (160 ) seventy-five than ten (10 ) percent shall be dwelling unitsr and uses in conjunction with hotels and motels may occupy up to but not more than twenty (20) percent of the floor area of all structures (excluding parking) located on the lot. (b) For tho:;e uses which incorpor.J.te .J.ll of the follo~ing de::;ired de::;ign fe.J.ture::;: lots with on minimum area of forty thousand (40,000) architectural site design and features, 11 ( 1 ) Þ1inimum lot :;ize a square feet and having landscaping consistent 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 with the Comprehensive Plan, (2 ) Sctb.J.ck from C.J.:Jt ',JC:Jt :Jtrcct:J of' .J.t fiftccn (15 ) ',lith l.J.nd:Jc.J.pcd in thc fcct lc.J.:Jt .J.rc.J. .J.ccord.J.ncc ',dth l.J.nd:Jc.J.ping, :Jcrccning buffcring .J.nd thc :Jpccific.J.tion:J .J.nd :Jt.J.nd.J.rd:J. Not~ith:Jt.J.nding .J.ny provi:Jion to thc contr.J.ry .J.bovc, the maximum density of hotel and motel uses shall hundred :Jc'v'cnty fi 'v'C (200 ) units per (1'75) be two Bf't€- acre, of which no more than ten (10 ) percent shall be dwelling units, and uses in conjunction with hotels and motels may occupy up to but not more than twenty-five percent of the floor (25) area of all structures located on the lot. (c) For tho:Jc uses ',:hich incorpor.J.tc .J.ll of thc follo',:ing dc:Jircd dc:Jign fc.J.turc:J: (1) HinimuR1 on lots with a minimum area lot :Jizc of eighty thousand (80,000) square feet or on separate lots thc .J.ccumul.J.tion of multiplc p.J.rccl:J under common ownership totaling at least eighty thousand (80,000) square feet of l.J.nd in :Juch th.J.t p.J.rccl:J where: (i) lots are such the area, separated solely by a public street, of no more than one hundred (100) feet in width and by a distance not exceeding the width of the public street~ (2) l\t (ii) (20 ) percent of at least twenty the floor area of the hotcl use :Jh.J.ll bc is tt&eà for convention .J.nd/ or or related facili ties-;-, (iii) (3) Thc the entire lot or .J.ccumul.J.tcd p.J.rccl:J lots developed in functionally are a integrated fashion-;-, and (iv) have architectural the uses 12 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 features, site design and landscaping consistent with the Comprehensive Plan Upon complying ::ith the foregoing condition~, the following shall apply, not',:ith~tJ.nding J.ny other pro'v'i~ion to the contrJ.ry: (1 ) (2 ) The maximum density for hotel and motel uses shall be one hundred ninety (190) two hundred twenty-five (225) units per acre, of which no more than ten (10) percent shall be dwelling units, for the entire accumulation of parcels-;- ~ Uses in conjunction with hotel to a may occupy up fifty (50) of the floor of the percent area structures-;- ; and (3) Required parking shall be at least one ( 1) space per lodging dwelling unit (1) per two space or or one hundred (200) square feet of floor area used for uses in conjunction with the hotelr whichever is greater. (d) In addition to the number of units otherwise allowed pursuant to this section, where open space meeting the criteria set forth in section 1502(e) is provided, the number of hotel or motel units may be increased by one and one-half (1.5) units, of which no more than ten (10 ) percent may be dwelling units, for everyone thousand (1,000) square feet of open space provided. 13 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 COMMENT The amendments (1) change the criteria that qualify a use in the RT-l Resort Tourist District for "bonus" density and (2) increase the allowable density for developments that provide the desired features. CA-9414 OID\ordres\RT-lordin.doc R-5 November 10, 2004 APPROVED AS TO CONTENT: AP1JJ¡; 1//r;;J ENCY City Attorney's Office ~ t'2A-ó'4 -~ Planning Department 14 Item # 13 City of Virginia Beach - R T-l An Ordinance to Amend and Reordain Sections 111, 204, 1502 1506, and 1507 of the City Zoning Ordinance, Pertaining to the Term "Lodging Unit," Loading Space Requirement for Certain Lots, and Dimensional Requirements, Sign Regulation, Density Regulations and Desired Design Features and Incentives in the RT-l Resort Tourist District November 10,2004 REGULAR Joseph Strange: The next application is Item #13 City of Virginia Beach. An Ordinance to Amend and Reordain Sections 111,204, 1502, 1503, 1506, and 1507 of the City Zoning Ordinance, Pertaining to the Definition of Term "Lodging Unit," Loading Space Requirements for Certain Lots, and Dimensional Requirements, Sign Regulations, Density Regulations and Desired Design Features and Incentives in the RT-l Resort Tourist District. Dorothy Wood: I guess Mr. Scott is going to speak on this. Robert Scott: Let me invite Ms. Lasley, if you would? Dorothy Wood: Thank you so much. Karen Lasley: Well, as you're all aware, RT-l Zoning District Regulations are pretty outdated. These were written back in the 1980's. One good example ofthat is the fact that the R T -1 rewards developers of hotels that provide greater setbacks from our streets with greater density. Design is not a consideration at all. We no longer want increased setbacks. We're going with the newer traditional type development where you move the building out to the street. We've got problems with setbacks, loading spaces, height and signs and we've been using the Board of Zoning Appeals for the last few years to help us get around, basically, an outdated ordinance. So changes are needed. The package before you today are what, to me are the obvious changes that are needed. I think we still have more work to do on the R T -1 District, but this is a good start. We do have several large projects that are going forward in the R T -1 District. Some of these changes are needed to also keep those projects moving quickly so that we don't have to send them to the Board of Zoning Appeals for variances. I have met several times on these amendments with the Planning and Design Committee of the Resort Area Commission. They have been forwarded to the Hotel/Motel Association. I still hope I have the chance to meet with them before these go to City Council. There are five main sections that we are changing. I think there is a good summary in your agenda. If you want me to go through those in detail I can. You asked me this morning to show you some examples of the sign change. Again, I think the best example is Town Center. What this change would do is for any building greater than 10 stories, they would be allowed to have just two 300 square foot signs rather than 150 square foot signs that are allowed now. Those 300 square foot signs do have to be on the upper quarter of the building. It's designed for the taller buildings that are further from our field of vision. That sign is going to look proportional. Town Center, I think is the best example. I don't believe there is a sign down there that looks too big. If Gerald Divaris were still here, he calls me regularly and lets me know that those signs are too small. If he were here, I would love to have you hear from him. This example that I have is the Hilton that's going up and the signage that they want to do. The sign at the top of this building is actually 211 square feet rather than the 150 square feet, so that will give you an idea. The one on the next page that they propose for the lower portion of the building, that one is 142 square feet. That would give you kind of an idea of what a 150 square foot sign would look like if it were at the top of that building. That is not exactly what you asked for but it is kind of the best that I could do over lunch. Janice Anderson: At Town Center is there any 300 square foot sign there? Karen Lasley: I need Kevin Hershberger to answer that question and I was not able to get a hold of him. I can't tell you for sure. But, yeah, they're all pretty much at maxImum. Janice Anderson: Okay. Kathy Katsias: Karen, how big was the Galleon sign? Karen Lasley: Now that is not a ten story building though. I think those were 200 square feet. Janice Anderson: And the loading zone? Karen Lasley: Loading zone? The Board of Zoning Appeals has been granting variances at the request ofthe RAC to allow no loading spaces to be constructed for development along both sides of Atlantic A venue where the trolley lane is available for loading and unloading. They use the trolley lanes. They also use the side streets and that seems to be working well. The RAC is recommending that it goes to zero. As a practical matter, I really doubt that the larger hotels are going to go to zero. For example, the Marriott that's proposed at 9th Street they're going to be putting in, I think it's two or three, definitely one loading space on the east side of Atlantic. Dorothy Wood: It's two. Karen Lasley: It might even be three, but definitely one. Dorothy Wood: Thank you. Karen Lasley: Are they any questions for me? Janice Anderson: The sign that is on the second one that is 200 square feet. 2. Karen Lasley: That one is 142 square feet. That kind of gives you an example of what 150 square feet would look like. At the Hilton, I know it's a little bit under 300 square feet but if it was Marriott with a couple of more letters, it would be 300 square feet. That's the size letters that you would typically see. Dorothy Wood: Mr. Miller has a question I believe. Sir. Karen Lasley: In our discussion this morning, the loading spaces and as far as your concerned and as far as public welfare, health and safety, we don't have an issue that going through with the preparation of this document and so forth, this has not come up as an issue from health, welfare and safety. That was one of the discussions that Councilman Diezel will have and his concern but if he seemed to answer that very comfortably. Karen Lasley: We haven't had any complaints. It seems to be working. Yes. Robert Miller: And the variances have been granted over the last 5 years? Six years? Longer? Karen Lasley: Three years. Robert Miller: Okay. That was because there was a requirement beginning three years apparently? Karen Lasley: The other conflict is we removed the parking requirements from the R T - 2 District but we did not remove the loading spaces requirement. So that is rather awkward, that you don't have to put in a parking lot but you do have to put in the loading spaces. Robert Miller: Okay. The BZA has granted these variances at the recommendation of the staff. Karen Lasley: Of the resort staff and the Resort Advisory Commission. Yes sir. Robert Miller: Okay. Dorothy Wood: Barry has a question I believe. Barry Knight: It's not too much of a question as it is an observation. I understand what you say that it isn't detrimental according to certain folks to the health, welfare and citizens. I look at it more as an interpretation of the land gathering down there. When you put in traffic column and new pavers and pull the lot lines away and put the signs away, and as far as loading zones, you're able to pull into the trolley lane. I question that sometimes we have trolleys, beach regional transit, HRT, or some transit down there you have delivery trucks. You don't have any time frame that I'm aware of on and I don't :3 think it's going to facilitate the traffic flow. I don't think it's going to add to the beautification of the beach if they have a delivery truck sitting right on Atlantic Avenue. And, also I don't think you ought to put it to the hotels discretion as to whether they put in a loading zoning or not. I think they'll bow out of that one because from a cost standpoint. I still would be an advocate of having a loading zone as a requirement because we have it not according to signage. It could be a small hotel that may be would get a variance or it could be a very large hotel that may be in a year or two they wouldn't want to be a variance. I personally wouldn't be in support of saying no loading zone whatsoever. I think at the very minimum we ought to include at least one and under special conditions they could still go to the Board of Zoning Appeals to let them get away with having less than one. That would be my recommendation. I'll listen to what each representative has to say on it also. Dorothy Wood: Jan. Janice Anderson: I'll make a comment on that. There are several changes to the R T zoning that you're doing with the lodging units and the dwelling units and that seems to be fine and the zero setbacks with its approval. This does or doesn't look like a wall. I think that is fine down there also. The sign, after review, I don't believe that is unreasonable going to 300 square feet with the height of the buildings going up. At first, when you're doubling the size it is very hard to perceive what that is going to look like. Thank you for the pictures and showing us exactly what that is going to look like. I do, as Mr. Knight, have a problem with the no loading zone requirement. I understand they have been approving these and that's fine. On your table insert under 61, all our retail store establishments, they're all according to size. Like the very first one 2-10, one loading requirement, 10-20, two loading requirements, 20-40, three loading requirements, then you get down to the R-2 and R-l at the resort district and it doesn't matter what size it is. None are required. Karen Lasley: The difference there is that they have a loading zone. Janice Anderson: Right, the trolley lane. I think that's a mistake. I think we'll regret doing that later. The trolley lane was there for use and it's for the transit back and forth and servicing the resort area. I know a lot of these trucks come in early morning or late at night but also with the Convention Center. I believe the improvement we want to put on that transit center and to put burden on it by having all these vehicles have to use that trolley lane and I don't think it's appropriate. Atlantic Avenue is already down to two lanes. In fact, it's just very public traffic. I know Mr. Diezel didn't have any problem with the emergency units getting by or fire or anything like that but I believe in having those lanes accessible especially when you have the high density down there and the number of people you have down there, it is nice to have those free and clear and you know that they are not being used by the hotels. I think it's a shame that we've taken away the parking requirement for any kind of semis that come in there and to say okay. You know someone is going to be in that parking lane. I think you're putting too much pressure on those trolley lanes. They are being serviced now. They are going to be used for all those hotels up and down the strip. There are some and I believe there is in Parkus 4- right now, there a large hotel. They're going to have two loading units and that's good. That is what we would like to see. But, I would not like to have just blank that a hotel could come in especially a massive one and have no loading zone area at all and have all the semis parked right out in front at any time of the day. I would like to put in at least one is required and I believe we do have in place a system that if the hotel is small enough or the circumstances are unique enough that can be waived. I don't want to put it back into another board's problem that they have to do this on a constant basis. I do believe it does have to be looked at an individual capacity each time they waive it. I believe it sometimes it wouldn't be appropriate. Actually, I would like to make a motion to approve the ordinance with the one change of having at least one loading space required in the RT-2 zone. Karen Lasley: Can I ask for one clarification? On the one loading space, do you want that to apply to all uses, retail, as well as hotel? Janice Anderson: Yes. Karen Lasley: Okay. Barry Knight: I'll second it. Dorothy Wood: Mr. Miller. Robert Miller: Karen, what does this do to us as far as reality? Does this bring them all up? Does it put it back in front ofthe BZA? Karen Lasley: I think every new hotel that has gone in over the last three years has had at least one anyway so I think that is going to work. We're a little bit worried about some of the small retail uses on the other side, which Faith has more experience than I have. We'll make it work. When you don't require parking it's hard to have a loading space and where are you going to put that loading space? We don't want our roadways lined with loading spaces. It's part ofthe aesthetics. Robert Miller: And, I think that is one of my concerns. I'm not sure and sometimes we get what we asked for. I'm afraid that if we don't have a problem there and we had not had a problem. I appreciate what you're saying and we don't have a problem. We're not having problems down at Atlantic Avenue and now were having a problem with the trolley lanes. And foreseeing one that is coming, sometimes I think we end up getting, again what we ask for and I'm not sure I'm going to like what we end up with. I just want to make it also clear that, in your opinion does this send us back through BZA with the same number of items that we had before and we've not relieved this particular issue. The part I agree with you. Logic wise, if you don't require parking why do you require a loading zone? I completely agree with that. It's a more urban kind of thinking here. Karen Lasley: I think we'll be okay on the hotels. They all have pull ins anyway that they use that kind of double as loading spaces. 5 Robert Miller: Would you agree to a friendly amendment to deal with the hotels? Is that what you're saying then? Karen, am I listening right? Karen Lasley: I think that would definitely take care of it. Robert Miller: Would you agree to it? Janice Anderson: That is my main concern. What I'm talking is about the larger hotels not requiring. The smaller retail. . . Karen Lasley: Like the T-shirt shop. Janice Anderson: Only because it is Bob's birthday. Karen Lasley: I like that. The only thing about the hotel/motel is those loading spaces are required to have a height of 14 feet. That doesn't always work because they want to put the fancy "Porte Cher" they call them. They're making them work. I think it's workable. I would be very comfortable with requiring one for hotels and letting the retail, only along Atlantic Avenue by the trolley lanes, let that go. I think that is more in keeping with what were trying to accomplish down there. Dorothy Wood: Would you second this friendly amendment? Karen Lasley: Okay? Janice Anderson: Okay. Karen Lasley: Okay. Great. Thank you. Dorothy Wood: Thank you. I guess we'll vote on the friendly amendment. Janice Anderson: Yes, the friendly amendment. Dorothy Wood: Would you like to state the friendly amendment? Janice Anderson: It would to be to approve the change in the RT zoning as outlined, to the requirement for a loading zone and RT-1, RT-2 Resort Tourist Districts, that there is a requirement at least one for hotel uses and none in the retail. Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Knight. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON CRABTREE AYE AYE (ó DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote 11-0, the Board has approved the changes to the RT-l amendment. Dorothy Wood: Thank you very much. Thank you Karen. 7 '-'&"~6' (~~~) -;.~.:-;:;..~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution approving a Non-Binding Term Sheet relating to the 9th and 10th Street Marriott Project, requesting approval by the Virginia Beach Development Authority and authorizing the development and execution of documents. MEETING DATE: December 7, 2004 NOTE: This matter is to be considered with RT -1 Zoning Text Amendment, 10m Street Closure and Property Conveyance and Encroachment Request. . Background: The City and Tidewater Hotels and Resorts (the "Developer") have engaged in extensive negotiations regarding the development of a full-service 4-star Marriott Hotel/Condominium project. The non-binding term sheet outlines the proposed development of the project and the proposed responsibilities of the City, the developer and the Virginia Beach Development Authority. . Considerations: The developer plans to invest about $45 million on a full- service, luxury 15-story, 250-room convention hotel with approximately 28 condominiums. The developer also plans to create more than 15,000 square feet of open space at parks at the north and south sides of the hotel. The term sheet outlines the public involvement and approvals necessary for the development of the project. . Public Information: Public Information for this item will be handled through the normal Council agenda process. . Alternatives: Approval is necessary to continue the timely implementation of the Project. . Recommendations: Approval by City Council of the non-binding Term Sheet and authorize the development and execution of project documents. . Attachments: Resolution Recommended Action: Approval of attached ordinance '" Submitting Department/Agency: Convention and Visitors Bureau If ~4 . ~ ~. óß~ ~. E\Commercial Projects\9th and 10th street\Agenda Requestdoc 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION APPROVING A NON-BINDING TERM SHEET RELATING TO THE 9TH AND 10TH STREET MARRIOTT PROJECT AND CERTAIN CITY OBLIGATIONS, REQUESTING APPROVAL BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY OF THE TERM SHEET AND CERTAIN AUTHORITY OBLIGATIONS, AND AUTHORIZING THE DEVELOPMENT AND EXECUTION OF DOCUMENTS NECESSARY TO IMPLEMENT THE TRANSACTION AND ESTABLISHING CAPITAL PROJECT NUMBER 9-067 "9TH AND 10TH STREET IMPROVEMENTS" 14 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 15 and City staffhave engaged in extensive negotiations with representatives of Tidewater Hotels and 16 Resorts (the "Developer") regarding the development of a 4-star full-service Marriott 17 Hotel/Condominium project to be located between 9th and 10th Streets at the Virginia Beach 18 Oceanfront (the "Project"); 19 WHEREAS, the Developer has worked with the City Manager and City staff to 20 develop a non-binding term sheet (the "Term Sheet"), which outlines the proposed development of 21 the Project and the proposed responsibilities of the City, the Virginia Beach Development Authority 22 (the "Authority") and the Developer with respect to the Project; 23 WHEREAS, the proposed responsibilities ofthe City pursuant to the Term Sheet (the 24 -. "City Obligations") include (i) the assignment to the Authority of the City's leasehold interest in the 25 second through fourth floors ofthe 9th Street parking garage under a lease (as amended, the "Lease") 26 between the City and VB/South Parking, LLC. dated May 14, 1996 and (ii) cost participation in the 27 relocation of municipal utility lines and construction of new connector parks and public accessways 28 at 9th and 10th Streets; 29 WHEREAS, the proposed responsibilities of the Authority pursuant to the Tenn Sheet 30 (the "Authority Obligations") include (i) the acceptance of an assignment of the City's leasehold 31 interest in the second through fourth floors of the 9th Street parking garage under the Lease, (ii) the 32 purchase of the second through fourth floors in the 9th Street parking garage pursuant to the purchase 33 option under the Lease, and (iii) the leasing to the Developer of299 parking spaces on a long-tenn 34 basis; 35 WHEREAS, the obligations of the Authority outlined in the Tenn Sheet would be 36 supported by a support agreement between the City and the Authority (the "Support Agreement"), 37 with the obligations of the Authority structured to be paid, subject to annual appropriation, by the 38 Parking Enterprise Fund; 39 WHEREAS, a complete copy ofthe Tenn Sheet is on file with the City Clerk and was 40 provided to the City Council prior to its December 7, 2004, meeting; 41 WHEREAS, the City Council finds that the Proj ect will stimulate the City's economy, 42 increase public revenues, enhance public amenities and further the City's development objectives for 43 the Virginia Beach oceanfront and provide necessary components to further the goals contained in 44 the City's Comprehensive Plan and Guidelines for Evaluation of Investment Partnerships; and 45 WHEREAS, the City Council desires to (a) approve the Tenn Sheet, including the 46 City Obligations, (b) request approval by the Authority of the Tenn Sheet, including the Authority 47 Obligations, (c) establish Capital Project Number 9-067 "9th and 10th Street Improvements, and (d) 48 request and authorize the City Manager to execute documents necessary and appropriate to 49 implement the requirements of the Project substantially as outlined in the Tenn Sheet. 50 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA; 2 52 TERM SHEET 53 1. The City Council approves the non-binding Tenn Sheet dated November 23, 54 2004, (the "Tenn Sheet") between the City of Virginia Beach (the "City") and Tidewater Hotels and 55 Resorts (the "Developer"), a complete copy of which is on file with the City Clerk, which outlines 56 the proposed development of a 4-star full-service Marriott Hotel/Condominium project to be located 57 between 9th and 10th Streets at the Virginia Beach Oceanfront (the "Project"). 58 2. The City Council requests and recommends that the Authority adopt a 59 Resolution consistent with this Resolution approving the Tenn Sheet and the Authority's obligations 60 under the Tenn Sheet. 61 3. The City Manager is authorized to execute the Tenn Sheet on behalf of the 62 City. 63 ASSIGNMENT TO AUTHORITY OF LEASEHOLD IN 9TH STREET GARAGE 64 4. The City Council, subject to acceptance by the Virginia Beach Development 65 Authority (the "Authority"), hereby authorizes the assignment to the Authority of the City's 66 leasehold interest in the parking spaces located on the second through fourth floors of the 9th Street 67 parking garage under a lease (as amended, the "Lease") between the City and VB/South Parking, 68 LLc. dated May 14, 1996. 69 5. The City Council requests and recommends that the Authority adopt a 70 Resolution accepting the assignment to the Authority of the City's leasehold interest in the Lease and 71 in the parking spaces located on the second through fourth floors of the 9th Street parking garage. 72 6. The City Manager and the City Attorney, on behalf of the City, are authorized 73 to proceed with the development of the documents necessary and appropriate to evidence said 74 assignment, including without limitation, a support agreement between the City and the Authority 3 75 (the "Support Agreement") pursuant to which the obligations of the Authority under the Lease are 76 supported by the City and structured to be paid, subject to annual appropriation, by the Parking 77 Enterprise Fund. 78 7. The City Manager or his designee is authorized to execute and deliver the 79 documents necessary to evidence said assignment, including the Support Agreement, so long as such 80 documents are acceptable to the City Manager and the City Attorney. 81 RELOCATION OF UTILITIES AND CONSTRUCTION OF CONNECTOR PARKS 82 AND ESTABLISHMENT OF CIP NUMBER 9-067 83 84 8. Capital Project Number 9-067 "9th and 10th Street Improvements" is hereby 85 established. The City Council hereby authorizes the transfer of $1,324,882 from Capital Project 86 Number 9-038 "Economic Development Infrastructure Projects" to Capital Project Number 9-067 87 "9th and 10th Street Improvements". The City Council hereby appropriates $932,118 of Fund 88 Balance from the General Fund to Capital Project Number 9-067 "9th and 10th Street Improvements". 89 9. The City Council hereby authorizes the relocation by the City of the municipal 90 utility lines from existing 10th Street to the northern edge of the to-be constructed connector park at 91 10th Street and the City's construction of new connector parks and public accessways at 9th and 10th 92 Streets pursuant to the Tenn Sheet, including the cost participation by the City with the Developer 93 in such work. 94 10. The City Manager and the City Attorney, on behalf of the City, are authorized 95 to proceed with the development of the documents necessary and appropriate to implement the City's 96 construction obligations as set forth above and the City Manager or his designee is authorized to 4 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 97 execute and deliver the documents necessary to evidence said obligations, so long as such documents 98 are acceptable to the City Manager and the City Attorney. 99 AUTHORITY'S PURCHASE OF LEASEHOLD INTEREST IN 9TH STREET GARAGE 11. The City Council hereby requests and recommends that the Authority exercise the option to purchase from VB/South Parking, L.L.c. the leasehold interest in the 9th Street Garage pursuant to the Lease, which option provides for a closing date on the purchase on or before April, 2007. 12. The City Manager and the City Attorney are hereby authorized to proceed with the development of documents necessary to evidence the City's intent to support the Authority's obligation to pay the purchase price of such garage, and to return such documents to the City Council for its approval, together with any necessary appropriations. 13. The City Council hereby requests and recommends that the Authority adopt a Resolution (a) exercising the option to purchase the leasehold interest in the 9th Street Garage pursuant to the Lease, subject to such obligation being supported by the City pursuant to the Support Agreement, (b) authorizing the City Manager and the City Attorney, on behalf of the Authority, to proceed with the negotiation for the purchase of such garage earlier than the April 2007 date called for pursuant to the Lease, (c) authorizing the City Manager and the City Attorney, on behalf ofthe Authority, to proceed with the development of the documents necessary and appropriate to accomplish such purchase, and (d) authorizing the execution of such documents. AUTHORITY'S LEASING TO DEVELOPER OF CERTAIN PARKING SPACES 14. The City Council hereby requests and recommends that the Authority enter into a lease with the Developer for the leasing, on a long-term basis, of 299 parking spaces located within the 9th Street Garage. 5 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 15. The City Council hereby requests and recommends that the Authority adopt a Resolution (a) authorizing the leasing to the Developer, on a long-tenn basis, of299 parking spaces located within the 9th Street Garage, (b) authorizing the City Manager and the City Attorney, on behalf ofthe Authority, to proceed with the development of the documents necessary and appropriate to accomplish such lease, and (c) authorizing the execution of such documents. Adopted by the Council ofthe City of Virginia Beach, Virginia, on the day of ,2004. CA-9430 APPROVED AS TO CONTENT: /1 6 Su pplemental Information Zoning History ~ ~ ~ ~ OOA Beach 0 ~ ~ œ DATE I REQUEST 1 06/17/85 CONDITIONAL USE PERMIT (Bike Rental) 2 01/22/79 CONDITIONAL USE PERMIT (Mini Golf) 3 10/01/79 CONDITIONAL USE PERMIT (Bike Rental) 4 06/20/83 CONDITIONAL USE PERMIT (Temp. Pkg Lot) I ACTION GRANTED GRANTED GRANTED GRANTED CITY OF VIRGINIA BEACH Agenda Itemtt 14 P?g~ 6 -""'í<~ ,f~~¡1':¡;, r;;."':'l"", "'<;;) "O,:,',~.'.,.,'..-.,,""',," (\,i{:~', '. );¡ \.~.:~...;..,...,<;~y ~.;::..;;;.:'.:;:..~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Street Closure (portion of 10th Street) MEETING DATE: December 7,2004 . Background: An Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of 10th Street, beginning on the east side of Atlantic Avenue and running in an easterly direction to its terminus. DISTRICT 6 - BEACH . Considerations: The City is requesting a closure of this street to facilitate the redevelopment of the adjacent property. The redevelopment proposal consists of the demolition of the existing hotel and the construction of a full-service resort hotel and conference center and condominium project. The area of the street closure will be incorporated into the hotel property. Closure of the street as proposed allows the assemblage of 485 contiguous linear feet along the oceanfront. The City is working with the developer to establish two new pocket parks to replace the existing improvements located in the area proposed for closure. The conceptual plan for the hotel site shows that there will be one new park at the northern end of the hotel property (a relocated 10th Street) and one at the southern end of the property (9th Street extended). These areas will be dedicated to the City to be improved for public access and ocean vistas. The closure will facilitate redevelopment of the property into a full-service resort hotel and conference center and luxury condominium project. This is the type of use that is encouraged and envisioned for the Oceanfront Area in the Comprehensive Plan. This street closure will not result in a public inconvenience. The Planning Commission placed this item on the consent agenda because the closure would not result in public inconvenience and would improve access and vistas of the ocean. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: City of Virginia Beach - 10th Street Page 2 of 2 1. The terms and conditions of purchase for the street closure shall be determined by the City Attorney's Office. Prior to final site plan approval of the hotel/condominium project, the developer shall dedicate to the City a perpetual permanent easement or fee interest, in a form approved by the City Attorney's Office, in a 52 foot-6 inch wide strip of property running from Atlantic Avenue to the Boardwalk for a relocated 10th Street and a 52 foot-6 inch wide strip of property running from Atlantic Avenue to the Boardwalk for a new 9th Street. These properties shall provide a public access and a vista substantially as shown on the exhibit entitled "First Floor Concept Plan" a copy of which is on file in the Planning Department and which has been exhibited to the Planning Commission and to City Council. 2. A resubdivision plat to vacate internal lot lines to incorporate the closed area into the adjoining parcels is required. The plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right- of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Staff recommends that one further condition be added: 5. Prior to conveyance of the right-of-way pursuant to subsection 1 above, the developer shall commence construction of the full-service hotel/condominium resort and conference center in substantial conformance with, and of the same quality shown on, the conceptual plans prepared by CMSS Architects, PC, dated November 1, 2004, Sheet A201. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: approval. Submitting Department/Agency: Planning Department City Manage~ \L, Òß ~ Staff recommends approval. Planning Commission recommends ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF 10TH STREET BEGINNING ON THE EAST SIDE OF ATLANTIC AVENUE AND RUNNING IN AN EASTERLY DIRECTION TO ITS TERMINUS 16 WHEREAS, the City of Virginia Beach applied to the Council of the City of 17 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 18 vacated; and 19 WHEREAS, it is the judgment of the Council that said street be discontinued, 20 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 21 City Council's adoption of this Ordinance; 22 23 24 25 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I 28 That the hereinafter described street be discontinued, closed and vacated, subject 29 to certain conditions being met on or before one (1) year from City Council's adoption of this 30 ordinance: 31 32 GPIN's 2427-24-6673-0000 and 2427-24-5785-0000 33 1 33 34 35 36 37 38 39 40 41 42 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as the southern sixty feet of 10th Street, which was originally an eighty foot street and amended by Court Order recorded in Deed Book 154, at page 35 and in Deed Book 154, at page 153 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, beginning on the east side of Atlantic Avenue and running in an easterly direction to its tenninus. Reference being hereby made to the plat recorded in the aforesaid Clerk's Office in Map Book 8, at page 89 which depicts it as a sixty-foot street. Being the same street dedicated on Plat No. Two of the Virginia Beach Development Company recorded in the aforesaid Clerk's Office in Map Book 1, at page 20. 43 44 45 46 47 48 49 50 51 SECTION II 52 The following conditions must be met on or before one (1) year from City 53 Council's adoption of this ordinance: 54 1. The tenus and conditions of conveyance for the street closure shall be 55 detennined by the City Attorney's Office. The City Attorney's Office will make the final 56 detennination regarding ownership of the underlying fee. The City Manger is authorized to 57 convey any portion of the right-of-way to the developer of the 4-star, full-service hotel/condominium project to be constructed between 9th and 10th Streets. 58 59 2. Prior to final site plan approval of the hotel/condominium project, the 60 developer of such project shall dedicate to the City a perpetual pennanent easement or fee 61 interest, in a fonn approved by the City Attorney's Office in a 52 foot-6 inch wide strip of property running from Atlantic Avenue to the Boardwalk for a relocated 10th Street and a 52 62 63 foot-6 inch wide strip of property running from Atlantic Avenue to the Boardwalk for a new 9th 64 Street. These properties shall provide a public access and a vista substantially as shown on the 2 65 exhibit entitled "First Floor Concept Plan" a copy of which is on file in the Planning Department 66 and which has been exhibited to the Planning Commission and to City Council. 67 3. Prior to conveyance of the right-of-way pursuant to subsection I above, 68 the developer shall commence construction of the full-service hoteVcondominium resort and 69 conference center in substantial conformance with, and of the same quality shown on, the 70 conceptual plans prepared by CMSS Architects, PC, dated November 1,2004, Sheet A201. 71 4. A Resubdivision plat to vacate internal lot lines to incorporate the closed 72 area into the adjoining parcels is required. The plat shall be submitted and approved for 73 recordation prior to final street closure approval. 74 5. The applicant is required to verify that no private utilities exist within the 75 right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the 76 utility company must be provided. 77 6. Closure of the right-of-way shall be contingent upon compliance with the 78 above stated conditions within 365 days of approval by City Council. If the conditions noted 79 above are not accomplished and the final plat is not approved within one year of the City Council 80 81 82 83 vote to close the right-of-way this approval shall be considered null and void. SECTION III 84 1. If the preceding conditions are not fulfilled on or before December 6, 85 2005, this Ordinance will be deemed null and void without further action by the City Council. 86 2- If all conditions are met on or before December 6, 2005, the date of final 87 closure is the date the street closure ordinance is recorded by the City Attorney. 88 3. In the event the City of Virginia Beach has any interest in the underlying 89 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 3 90 may be requested to convey such interest, provided said docúments are approved by the City 91 Attorney's Office. 92 SECTION IV 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 95 VIRGINIA BEACH as "Grantor" and as "Grantee." 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 97 of ,2004. 98 99 100 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 CA-9354 Date: November 23, 2004 H:\O!DlREAL ESTATEIS'ree! ClosureICA9354.0RD.doc APPROVED AS TO CONTENT: M7 I Z-I-ot Pl~DepanITnent 4 CITY OF VIRGINIA BEACH Agenda Item # 14 November 10, 2004 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: COUNCIL ELECTION DISTRICT: SIZE: Location and General I nformation Discontinuance, closure and abandonment of a portion of 10th Street, beginning on the east side of Atlantic Avenue and running in an easterly direction to its terminus. 10th Street, beginning on the east side of Atlantic Avenue and running in an easterly direction to its terminus. 6 - BEACH 12,000 square feet ~ ~ ~ 0 '\ CITY OF VIRGINIA BEACH Agenda Item# .14 Page 1 SURROUNDING North: LAND USE AND South: ZONING: East: West: . Hotel/ RT-1 Resort Tourist District . Hotel/ RT-1 Resort Tourist District . Oceanfront Boardwalk . Atlantic Avenue NATURAL RESOURCE AND CULTURAL FEATURES: The existing right-of-way proposed for closure is fully improved. The western portion of the right-of-way consists of a paved vehicular access for the adjoining properties and sidewalks of concrete pavers. The eastern portion of the right-of-way is improved as a pocket park with a pedestrian pathway of concrete pavers, water fountains and landscaping. AICUZ: The site is in an AICUZ of 55-70dB Ldn surrounding NAS Oceana. Summary of Proposa The City is requesting a closure of this street to facilitate the redevelopment of the adjacent property. The redevelopment proposal consists of the demolition of the existing hotel and the construction of a full-service resort hotel and conference center and condominium project. The area of the street closure will be incorporated into the hotel property. Closure of the street as proposed allows the assemblage of 485 contiguous linear feet along the oceanfront. The City is working with the developer to establish two new pocket parks to replace the existing improvements located in the area proposed for closure. The conceptual plan for the hotel site shows that there will be one new park at the northern end of the hotel property (a relocated 10th Street) and one at the southern end of the property (9th Street extended). These areas will be dedicated to the City to be improved for public access and ocean vistas. CITY OF VIRGINIA BEACH Agenda Item # .14 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . Consistency with the Comprehensive Plan recommendations for the area. . Determination that there is no inconvenience to the general public associated with the abandonment of this right-of-way. Comprehensive Plan The Comprehensive Plan designates this area of the City as the Resort Area. This area is generally bound by 42nd Street, the Atlantic Ocean, Rudee Inlet and Birdneck Road. The "Oceanfront Resort Area Concept Plan" and the "Creating An Old Beach District Center Plan" contain information and planning guidance with regard to creating an attractive, wholesome, family resort destination; establishing complementary resort activity centers; and, the need to ensure excellence and a quality image in all resort area development. Generally, this area is planned for resort uses including lodging, retail, entertainment, recreation, cultural, and other uses. Staff recommends approval of this request. CITY OF VIRGINIA BEACH Agenda Item#.14 Page .3 Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' above. The proposal's strengths in addressing the 'Major Issues' are as follows: (1) The closure will facilitate redevelopment of the property into a full-service resort hotel and conference center and luxury condominium project. This is the type of use that is encouraged and envisioned for the Oceanfront Area in the Comprehensive Plan. In addition, the closure as proposed allows the assemblage of 485 contiguous linear feet of real property along the oceanfront. (2) This street closure will not result in a public inconvenience. The area of right-of- way proposed for closure includes streetscape and pedestrian amenities. These amenities will be relocated to both the north and south ends of the new hotel site and will be dedicated for public use. Staff, therefore, recommends approval of this request with the following conditions. Conditions 1. The terms and conditions of purchase for the street closure shall be determined by the City Attorney's Office. Prior to final site plan approval of the hotel/condominium project, the developer shall dedicate to the City a perpetual permanent easement or fee interest, in a form approved by the City Attorney's Office, in a 52 foot-6 inch wide strip of property running from Atlantic Avenue to . the Boardwalk for a relocated 10th Street and a 52 foot-6 inch wide strip of property running from Atlantic Avenue to the Boardwalk for a new 9th Street. These properties shall provide a public access and a vista substantially as shown on the exhibit entitled "First Floor Concept Plan" a copy of which is on file in the Planning Department and which has been exhibited to the Planning Commission and to City Council. 2. A resubdivision plat to vacate internal lot lines to incorporate the closed area into the adjoining parcels is required. The plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. CITY OF VIRGINIA BEACH Agenda Item # 14 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. CITY OF VIRGINIA BEACH Agenda Item # .14 PageS Public AQencv Comments Public Works There is an existing storm drain line within the area proposed for closure that may need to be relocated. Public Utilities Water: There is an existing 2 inch service line for the water fountains within the area ro osed for closure that ma need to be relocated. CITY OF VIRGINIA BEACH Agenda Item # 14 Page 7 Exhibit A - 1 Aerial of Site Location . % " .t- j~ . 0 z .~. ~- :;.~... ::.:.'"'iJi, CITY OF VIRGINIA BEACH Agenda Item # 14 R~ge 8 Exhibit A - 2 Aerial of Site Location CITY OF VIRGINIA BEACH Agenda Item # 14 Page 9 () -I -< 0 " »< co- CD;IJ :;)G> 0.. - Ø)Z -aro» Ø)3tJJ co .', rn CD '=*1:.» ~.~() o.þ..I EXISTING STORM DRAIN LOCATION (APPROXIMATE - ACTUAL lOCATION ìO BE FIELD VERIFIED) - NEW STORM D;?AIN LO, CATOON.- -, / .....,d--- I P;<O; - SED ( p- 1orH Sn"ET pARK I PUßlC )'AY , ¡' I.. A-, ' I' i£ 'JL.- ,- -,C I I I I I I I I I L~- I ~- =+.1- }-J 26',)". 26'-3'. Proposed New Public Connector Park to Replace 10th -J [-=--=--=--= C é AfLANTIC AVENUE {: ~~,~ST FLOOR CONCEPT PLAN '-'-'-.,- ------, P¡~OP()seo" I ?1d Sf"~~r PAKK PIj~UC 'I",,' / :Þ." (")'"'1 :r: (") 0 m-g~oim 00 ->< 0) CDo. ~ . en ::r ::s ::s;:;: - . 0. ." <C CD C" < c ." ;::;: -. C" Z - 0-CDO)"" - -. ~ ::s \,AI 0) (") < () ~ 0 ïl »< COJJ ~!G> Q. - Ø)Z ;:+» "U<DOJ ~3m <D:t:I:» ...........() ........~I DISCLOSURE STATEMENT APPLICANT DISCLOSURE II Ihe o¡¡pllca,,! i~, a corporation, partnun;hip, fltm. business, (Ir olhet \lnincorporated Oti i) )IW\Ìon. Ç()mple!Q tlMI lollowing! 1. Ust thi) ')Pp ¡'~;Hjt nan1Q loIlowed by the n¡¡llles of an oflwets. mQmbors, trusto(;$. 1¡¡\filletS. ole. bolow' ¡AItiKIt In,! if tmcessory} I .C-U 2 Li>1 all ¡¡<If,iIWöSH& Ih'" hilvtJ ,1 pare jt-~( h~ìdi¡ìrY' 01 af"'i,lted bli~iflf)~fi (mtity' rcla ¡ol1~.hip with 'he ilpl) ¡c¡mt (At/ad! /¡s/ If lIecIJssiJI}') I=-- ------J l2J ChOck hem if thO "pplitant is NOT a Ç( lporatlon, partrjérsl\i,). Iftm. b\l~iI10$$, Of olher uniocOI >t)/iI!I)d O¡gar1llðtlon. PROPERTY OWNER DISCLOSURE (:omploto /IIis sodinfl oflly if pfOl'flfty DY{flHr is d¡f{orrml {rom applicanl II tho ptDjH¡rfy ownm Iß <1 cOfpomtion, partl1an,hip. firm. business, Of othet unin,;()f )()tatDd organization. compteto tho following: 1 l.i51 tho prop(Jrty owner nomo followed by tho names of all offlcels, members. tIU$toos, pal!rlOts, (\Ic. b(IIow: (Altllcillist if nflCO$Mry} ~ [-=- 2 Us, all h'lsinos~os that hMe a parent-subsidiary' or affiliated business entity' relalml1shll-' wilh tho appliC<1nl (Attoch lis! if nowssaty) .L----~-~--~ ø Check here iltho property OWIlIJr;5 NOT II corpomt,on, pari no/ship. fum. busin/Jss, or otlmt lJI1U1colþ<)mled otganilahon 't 5""n",lpðgi>1oAfooln,i1", [qISCLOSURE STATEMÊNT-"-'--- -] . AODITIONAl DISCLOSURES Us! all known wn,r¡¡<:tets or businossc$ thaI lIa'/o 01 will plOYldo sarvit!)s with /esþOct to the requested property use, including but 110' Iìm"Dd 10 'he proyidms of otchitoclu/al services. rtwl estate sel'iiœs. financial serVices, uccoun1ióg sel'iicos. 3nd I(}gal Sel'ilces: (AUach list il m~COSSl1IY) rA _J "PMtnt-sllbsidiaIY mla'iQf1ship" moans 'a rdatìOl1ship thai exis!!, \.hen OIle GOfpOf'ðIíOI1 dit6ctly Of indirecUy owos shares possessing mom than 50 ¡mrcent ot lho voting power of anothor corporation" SOé Slate and local Gòvort'ltnent Conflict 01 tnterests Act, Va, C,'Jde § 2.2-:1101. j 'Alfotialed business entily 'etatk) jship' means ".. H,!laliOnship, 011\1'/ th¡H' pmenl.suÞsi\lialY 1.¡tati<)I1ship. that Q.isls when (I) ono busiomss entity hHs a contlotliog OWI1QIShip int()(cst in the otlmt business entity, (Ii) a controlling O'h'not in one entIty is also Ð contwllíog owner in the other enlìty, Of liii) Ihew is shared management or ront/ol bctween the business ontities, r actors that should be conSidered in delelmining tho existonœ of an affiliated business entity telalion!,hip indude that the name MIIS(>11 or substanU'lUy Ihe same porson 0-.y11 Ot manago lho two entities; thote are common or eomminglcd funds Ot assets; the business t>nbUes sharo Iho uso of tho samo offi(',Os 0( employees or othorwisa sham adwitios. m!Wurces 01 paraonne! on a reg<Jlðt b11$is; ollhNe is olhmwise a r;lose working tCtaliol1shíp batwe<tn the entìtiGs." SOli StoW and Local Government Cônflict 01 ¡ntetesls Act. Va. Cnde § 2.2.3101. CERTIFICATION: I ('. t1ify thaI tho information conlained heroin is ltUO and accurate. t ( f1dersland that upon receipt of ootifíe<¡tlon (po5fr;;!t(I) 11\"llho application has been &Çheduled for publi(; hearing, t ¡un wspo""iblo rot obh,ìl1ín¡¡ and posting the u¡q\llred ßìgn on the subjecI pw JQrty at teast 30 days priot 10 the &Çhed~ pLlb¡¡~ hearìng accotding to the instructions in this p¡¡ç.kage, ,#M.I,1f~ ' £1tC!L!.5 k/. 1ÞØ1',I.<' ""'P"rty 0..."",', PM.IN""," 1M" al.¡>h",¡ot) em en -. >< S'C/I::J" - C') -. CDÕC" 3 C/I -. CDC~ :s.,C _CD Item #14 City of Virginia Beach Discontinuance, closure and abandonment of a portion of 10th Street District 6 Beach November 10, 2004 CONSENT William Din: The next item I have is Item #14. This is also a City of Virginia Beach application. It's an ordinance a~plication for the discontinuance, closure and abandonment of a portion of 10t Street, beginning on the east side of Atlantic Avenue and running in a easterly direction to its terminus. This is in the Beach District. We have placed this on consent. It has got five conditions associated with it. Is there any objection to placing this on consent? If not, Mr. Scott would you mind making a comment on this item? Robert Scott: Yes sir, again briefly. This is a little bit different in reality than what it looks like on paper. We are not giving up any access to the Oceanfront. We are simply relocating it to another spot that's more in keeping with the long-term development of the Oceanfront. When this is all said and done the City of Virginia Beach will have better access and better business at the Oceanfront than we do right now. The public will not, in our opinion, be inconvenienced in any way. The public access will probably be enhanced. William Din: Thank you Mr. Scott. I'd like to move that the following item be placed on consent. Item #14 City of Virginia Beach with five conditions. Dorothy Wood: Do I hear a second? Barry Knight: Second. ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 11 NAY 0 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, Item # 14 has been approved for consent. 921 ATLANTIC AVE. GPIN 2427-24-6673 9TH ST. -~I ~ W\ LOCATION MAP ~ ENCROACHMENT REQUESTED OCTO, INC. 921 ATLANTIC AVENUE GPIN 2427-24-6673 BY SCALE: 1" = 200' OCTO INCDGN M.j.S. PREPARED BY PM' ENG. CADD DEPT. NaY. 16, 2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request to construct and maintain a paver pool deck, two (2), six (6) feet wide paver walkways to bike path, decorative loggia with columns, fence on concrete base, landscaping, and a balcony on City property for OCTO, Inc. MEETING DATE: December 7,2004 NOTE: This matter is to be considered together with RT - 1 Zoning Text Amendment, lOtn Street Closure and Property Conveyance, and Resolution approving a non-binding term sheet relating to the 9th Street and 10th Street Marriott Project . Background: Helen Christie, President of OCTO, Inc. has made application for permission to construct and maintain a paver pool deck, two (2), six (6) feet wide paver walkways to bike path, decorative loggia with columns, fence on a concrete base, landscaping, and a balcony to encroach into City property known as the Greenbelt adjacent to 921 Atlantic Avenue between 9th Street and 10th Street. The Dunes Oceanfront will be demolished and in its place a four star Marriott, two hundred and fifty (250) luxury hotel rooms and twenty-eight (28) condominium units will be built on the existing site. Given the nature of the encroachment, a termination notice of 180 days for removal was assigned in the agreement. . Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the agreement. Agenda Request - Octo, Inc. December? 2004 , Page 2 . Attachments: Ordinance, Location Map, and Agreement Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works I Real Estate ~~ . Convention and Visitors Bureau ~~,,; - ~ City Manager~ \L. ÓfJlJ<ht ~ 1 2 3 4 5 6 7 8 9 10 11 12 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY KNOWN AS THE GREENBELT ADJACENT TO 921 ATLANTIC AVENUE BY OCTO, INC. , ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, OCTO, Inc. desires to construct and maintain a paver pool deck, two 13 (2), six (6) feet wide paver walkways to bike path, decorative loggia with columns, fence 14 on concrete base, landscaping, and a balcony upon the City's property known as the 15 Greenbelt adjacent to 921 Atlantic Avenue. 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-21 b7, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, OCTO, Inc., its heirs, 23 assigns and successors in title are authorized to construct and maintain temporary 24 encroachments for a paver pool deck, two (2), six (6) feet wide paver walkways to bike 25 path, decorative loggia with columns, fence on concrete base, landscaping, and a 26 balcony upon the City's property as shown on the map entitled: "EXHIBIT 1 THROUGH 27 5 ENCROACHMENT EXHIBIT OF POOL DECK AREA TIDEWATER HOTELS & 28 RESORTS OCEANFRONT HOTEL AND CONFERENCE CENTER", a copy of which is on . ------, 29 file in the Department of Public Works and to which reference is made for a more 30 particular description; and 31 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 32 subject to those terms, conditions and criteria contained in the Agreement between the 33 City of Virginia Beach and OCTO, Inc. (the "Agreement"), which is attached hereto and 34 incorporated by reference; and 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 36 is hereby authorized to execute the Agreement; and 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 38 time as OCTO, Inc. and the City Manager or his authorized designee execute the 39 Agreement. 40 41 day of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2004. 42 43 44 45 APPROVED AS TO CONTENTS ~:é£ C. &:,l--V£M GNATURE riD KuJ E~ DEPARTMENT 46 47 48 49 50 51 52 53 54 55 APPROVED AS TO LEGAL 5; ~FFI IENCY AND FORM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA nON TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this - day of , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and OCTO, Inc., a Virginia corporation, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that piece or parcel of property, situated in the City of Virginia Beach, Virginia, more particularly bounded and described as follows: BEGINNING at a pin at the intersection of the Southern line of the right of way of 10th Street and the Eastern line of the right of way of Atlantic Avenue; thence running along said Eastern line of the right of way of Atlantic Avenue S. 13 degrees 48 minutes 19 seconds E., a distance of 355 feet to a pin; thence turning and running N. 76 degrees 11 minutes 41 seconds E., a distance of 150 feet to a point; thence turning and running N. 13 degrees 48 minutes 19 seconds W., a distance of 355 feet to a point in the Southern line of the right of way of lOth Street; thence turning and running along said Southern line of the right of way of 10th Street S. 76 degrees 11 minutes 41 seconds W., a distance of 150 feet to a pin, the point of beginning. IT BEING a portion of the same property conveyed to OCTO, Incorporated, a Virginia corporation by deed from Littleton C. Hudgins and Dorothy T. Hudgins, husband and wife, dated March 7, 1969 and recorded March 7, 1969 in Deed Book 1101 at page 334. IT BEING a portion of the same property conveyed to OCTO, Incorporated, a Virginia corporation by deed from Virginia Beach Hotel-Motel Corporation, a Virginia Corporation, Littleton C. Hudgins, John R. Manby and Dorothy T. Hudgins, Joyce B. Manby and H & M Corporation, dated March 1, 1969 and recorded March 7, 1969 in Deed Book 11 01 at page 329. GPIN 2427-24-6673-0000 WHEREAS, it is proposed by the Grantee to construct and maintain a paver pool deck, two (2), six (6) feet wide paver walkways to bike path, decorative loggia with columns, fence on concrete base, landscaping, and a balcony, "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 property known as the Greenbelt adjacent to 921 Atlantic Avenue "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City pennit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee pennission 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 substantial accordance with plans that shall have been submitted to and approved by the City, and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT 1 THROUGH 5 ENCROACHMENT EXHIBIT OF POOL DECK AREA TIDEWATER HOTELS & RESORTS OCEANFRONT HOTEL AND CONFERENCE CENTER," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized tenninates upon notice by the City to the Grantee, and that within one hundred and eighty (180) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Grantee shall indemnify and hold hannless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the pennission and authority to pennit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to pennit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee 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. 3 It is further expressly understood and agreed that the Grantee must obtain a permit ITom the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that 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. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the 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 fourteen (14) days after notice ITom City following the expiration of the time ordered hereinabove by this 4 Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said OCTO, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by its president. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk OCTO, Inc. By~fJ, ~ Helen J. Christic¥',President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by ,CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OFVt.l' CITY/G~TY OF ~, to-wit: The foregoing instrument was acknowledged before me this ó<-3~ day of ~-v e",\ \){ ( , 2004, by Helen J. Christie, President on behalf of OCTO, Inc. ~Q~ Q, ~JA, , Notary Public 0 My Commission Expires: Cð 1'=3D1DS? APPROVED AS TO CONTENTS SIGNATU~m)~~ C, è>iiUJSfiV', APPROVED AS TO LEGAL SUFFIECIENCY AND FORM (\ - .~7 V ~U(f .0 fI . J ^ tt; r,'" .' t fi-:. /' r ! c.,( rLJ rr fit, ~ ItLV S>'j' J i '--"-~ 'J DEPARTMENT Pw K&') ¿:SidE I I L 180:4~'t , 0 ~ c ':;;;:;=J "- i::;"-';;_=-==-;l~;::;~:c:~=-=:J.,C;;;:: c --I I I ", 1 ,)-\: - #. ~ ~~~,lIAL FIRST FLOOR PLAN @ POOL PLAZA EXHIBIT 1 OF 5 ENCROACHMENT EXHIBIT OF POOL DECK AREA TIDEWATER HOTELS & RESORTS OCEANFRONT HOTEL AND CONFERENCE CENTER VIRGINIA BEACH, V A ~ CMSS ARCHITECTS, P.C. ~ KEYPLAN EXHIBIT A 04-071.000 NOVEMBER 16, 2004 CMSS Architects, P,C, reserves its rights under common low copyright ond ownership rights in connection with the designs, concepts, ond drowings presented in this document. This document(s) sholl not be reproduced, chonged, or copied in ony form or manner whatsoever, nor shall they be assigned to any thitd party without expressed written consent of CMSS Architects, P,C, @ 2004, EASTERN SIDE HOTEL fACILITY EXISTING r RIGHT-Of-WAY ~ PROPERTY t LINE OF 1 LINE I ENCROACHMENT I I I L______---------- I I --....1 CONCRETE BASE, PAINTED POOL AREA SECTION THROUGH POOL PLAZA LOOKING NORTH 1/16" = 1'-0' EXHIBIT B 04-071.000 EXHIBIT 2 OF 5 ENCROACHMENT EXHIBIT OF POOL DECK AREA TIDEWATER HOTELS & RESORTS OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER ~ VIRGINIA BEACH, V A ~ CMSS ARCHITECTS, P.C. NOVEMBER 16, 2004 CMSS Architects, P.C. reserves its rights under common law copyright and ownetship rights in connection with the designs, concepts, and drawings presented in this document. This dacument(s) shall not be reproduced, changed, or copied in any form or manner whatsoever, nor shall they be assigned to any third patty without expressed written consent of CMSS Architects, P.C. @ 2004. I BIKE PATH HOTEL <ED 0 0 '\ GRASS LANDSCAPED AREA LINE OF BALCONY PROJECTION ABOVE GROUND LEVEL EXISTING RIGHT-OF-WAY PROPERTY LINE PROPOSED 9TH STREET PARK PUBLIC WAY L~õJ (O KEYPLAN EXHIBIT 3 OF 5 ENCROACHMENT EXHIBIT OF BALCONY AREA TIDEW A TER HOTELS & RESORTS OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER VIRGINIA BEACH, V A ~ CMSS ARCHITECTS, P.C. EXHIBIT C 04-071.000 NOVEMBER 16, 1004 CMSS Architects, P.C. reserves its rights under common low copyright and ownership rights in connection with the designs, concepts, and drawings presented in this document. This document(s) sholl not be r~produced, changed, or copied in any form or manner whatsoever, nor sholl they be assigned to any third party without expressed written consent of CMSS Architects, P.C. @ 2004. $ ROOFIATTlfF~ +151'-0' $ 15IhFLOOR- - +147'-3' $ 14IhFLOOR- - +137'.6' $ 13IhFLOOR_- +121'.9' $ 12IhFLOOR- - +118'.0' t!þ 1I1hFLOOR- - +108'.3' t!þ 10IhFLOOR- - +98'-6' t!þ 91h FLOOR - - +88'.9' t!þ 81hFLooR - - +79'-0' $ 7IhFLOOR_- +69'.3' t!þ 6lhFLOOR - - +59'.6' $ 5lhFLooR - - +49'-9' $ 4lhFLOOR - - +40'-0' t!þ 3rdFLooR- - +29'-0' $ 2nd FLOOR- - +18'.0' t!þ Isl FLOOR - - 0'.0' ,"o,,",y ""' ------J ~ 6th FLOOR - - +59'-6' ~ 5th FLOOR - - +49'.9' o~~~o -$ 4th FLOOR -- +40'.{)' ~ 3td FLOOR - - +29'.{)' GUARD RAILING CONCRETE BALCONY, PAINTED ~ 1slFLOOR - - O'.{)' B '- @ ~~~,lIAL EAST ELEVATION EXHIBIT D 0"-071,000 @ ~;~,lION EXHIBIT 4 OF 5 ENCROACHMENT EXHIBIT OF BALCONY AREA TIDEWATER HOTELS & RESORTS OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER !!!! VIRGINIA BEACH, V A ~ CMSS ARCHITECTS, P.C. NOVEMBER 16, 200.. CMSS Architects, PoCo reserves its rights under common low copyright and ownership rights in connection with the designs, concepts, and drawings presented in this document. This document(s) sholl not be reproduced, changed, or copied in any form or manner whatsoever, nor sholl they be assigned to any third party without expressed written consent of CMSS Architects, PoCo @ 2004. ~ PAVER WALK BEACH ACCESS, 6'-0":1: WIDE J I LINE OF BALCONY PROJECTION ABOVE GROUND LEVEL I PROtOS~D \ 10TH ST EET PARK I PUBL C W Y \ - PROPOS:-l 9TH STREET PARK PUBLIC WAY ~I ~ ~ ~ " "- "- \ , \! J J ATLANTIC AVENUE 52"" 52'-6" 380'<1' m'<1' ~ ~~,~ST FLOOR CONCEPT PLAN EXHIBIT E 04-071.000 EXHIBIT 5 OF 5 ENCROACHMENT EXHIBIT OF POOL DECK AREA TIDEWATER HOTELS & RESORTS OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER ~ VIRGINIA BEACH, V A ~ CMSS ARCHITECTS, P.C. NOVEMBER 16, 2004 CMSS Architects, P,C, reserves its rights under common low copyright and ownership rights in connection with the designs, concepts, and drawings presented in this document. This document(s) sholl not be r~produced, changed, or copied in any form or manner whatsoever, nor sholl they be assigned to any third party without expressed written consent of CMSS Architects, P,C, @ 2004, Conditional Zoning Change from A-18 to A-24 [Ð DATE 1. 12-15- 80 3-16-81 I REQUEST Rezoning (R- 7 Residential to A-3 Apartment, modified to A-2 Apartment) Rezoning (A-1 Apartment to A-3 Apartment, modified to A-2 Apartment) Rezoning (1-1 Industrial and R-5D Residential to Conditional A-24 Apartment) Reconsideration of Conditions (#1 and 7) 2. 2-11-02 3. 5-10-94 0 I ACTION Approved Approved Approved Denied CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Beach Club II Unit Owners Association, Inc. - Change of Zoning District Classification MEETING DATE: December 7, 2004 . Background: An Ordinance upon Application of Beach Club II Unit Owners' Association, Inc. for a Chanqe of Zoninq District Classification from A-18 Apartment District to Conditional A-24 Apartment District on property located at 1100 Indian Road (GPINS 24177368158640; -8660; -8680; -8670; -8700; -8690; -8720; -8710; - 8740; -8730; -8760; -8750; -8780; -8770; -8800; -8790; -8820; -8810; -8840; - 8830; -8860; -8850; -8880; -8870; -8900; -8890; -8920; -8910; -8940; -8930; - 8960; -8950; -8980; -8970; -9000; -8990; -9020; -9010; -9040; -9030; -9050; - 9060; -9070; -9080; -9090; -9100; -9110; -9120; -9130; -9140; -9150; -9160; - 9170; -9180; -9190; -9200; -9210; -9220; -9230; -9240; -9250; -9260; -9270; - 9280). The Comprehensive Plan identifies this area as being the Oceanfront Resort Area. DISTRICT 6 - BEACH . Considerations: This condominium project was developed in the early 1980's. The site plan submitted at the time of development depicted 4.03 acres of land area. The zoning on the parcel permitted 73 units. The developer proposed 64 multiple- family units (Beach Club II), an office, and 8 townhome style units. The 64 multiple-family units (Beach Club II) and office were developed in 1982. The town home style units were not constructed and the land area designated for the townhouses was subdivided out of the parcel and sold to another developer. At some point in the mid-1980s, the office was converted into another dwelling unit, thus increasing the overall density of the development beyond that allowed. A new homeowners association and board recently discovered the discrepancies when they took over management of the development. This rezoning has been requested as a means of "cleaning up" the discrepancies and clearing any issues that could complicate the individual titles. The Planning Commission placed this item on the consent agenda because the proposal is consistent with Comprehensive Plan recommendations, resolves a legal issue for the homeowners of the development, and there was no opposition. . Recommendations: Beach Club 1\ Unit Owners' Association, Inc. Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department ~ City Manager: ~) c ð-& VVUr... BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC. Agenda Item # 7 November 10, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: -."""""""""'" location and General Information Chanqe of Zoninq District Classification from A-18 Apartment District to Conditional A-24 Apartment District Property located on 1100 Indian Road 2417-73-6815-8640 through 9280 (65 units) 6-BEACH BEACH CLUB II Agenda Item # 7 Page 1 SITE SIZE: 3.3 acres EXISTING LAND USE: Beach Club II condominium, parking and recreational areas occupy the site. East: West: . Multiple-family dwellings / A-18 Apartment . Multiple-family dwellings / A-18 Apartment . Indian Road . Across Indian Road are multiple-family dwellings / A-18 Apartment . Multiple-family dwellings / A-18 Apartment SURROUNDING North: LAND USE AND South: ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of more than 75dB Ldn surrounding NAS Oceana. The United States Navy is not opposed to the request. Summary of Proposal This condominium project was developed in the early 1980's. The site plan submitted at the time of development depicted 4.03 acres of land area. The zoning on the parcel permitted 73 units. The developer proposed 64 multiple-family units (Beach Club II), an office, and 8 townhome style units. The 64 multiple-family units (Beach Club II) and office were developed in 1982. The townhome style units were not constructed and that land area was subdivided out of the parcel and sold to another developer. At some point in the mid-1980s, the office was converted into another unit, thus increasing the overall density of the development beyond that allowed. A new homeowners association and board discovered the discrepancies when they took over management of the development. This rezoning has been requested as a means of "cleaning up" the discrepancies and clearing any issues that could complicate the individual titles. BEACH CLUB II Agenda Item # 7 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . Consistency with the Comprehensive Plan recommendations for the area. . Compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan depicts this site as part of the Oceanfront Resort Area. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1». Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. BEACH CLUB \I Agenda Item # 7 Page 3 PROFFER # 1 The Property as currently developed shall be no more than sixty-five (65) multi-family residential units substantially in conformance with the Exhibit entitled "SITE PLAN - BEACH CLUB II", dated 6/84, prepared by Hoggard / Eure Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Staff Evaluation of The proffer is acceptable. It insures that there will be no Proffers: changes to the site, as it currently exists. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated July 30, 2004, and found it to be legally sufficient and in acceptable legal form. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are as follows: (1) The site is consistent with the Comprehensive Plan recommendations for the area. There is a mixture of densities in the immediate area that provide affordable resort homes. Interestingly, had the property not been subdivided in the early 1980s, the site density would comply with its existing zoning. (2) The site is obviously compatible with the surrounding uses, as it has existed in this form since the mid 1980s. The property is well maintained and a desirable location to live. Staff, therefore, recommends approval of this request. BEACH CLUB II Agenda Item # 7 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. BEACH CLUB II Agenda Item # 7 Page 5 Supplemental Information Zoning History Conditional Zoning Change from A-18 to A-24 3. 5-10-94 I REQUEST I ACTION Rezoning (R-7 Residential to A-3 Apartment, modified to Approved A-2 Apartment) Rezoning (A-1 Apartment to A-3 Apartment, modified to Approved A-2 Apartment) Rezoning (1-1 Industrial and R-5D Residential to Conditional A-24 Apartment) Reconsideration of Conditions (#1 and 7) Approved []] DATE 1. 12-15- 80 3-16-81 2. 2-11-02 Denied BEACH CLUB II Agenda Item # 7 Page 6 Public Agency Comments Public Works Indian Road is a local residential street within this established nei hborhood with little throu h traffic. Water and Sewer: City water and sewer are available to the site. Public Utilities Police: l£jre and ~escue: Public Safety The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strate ies as the ertain to this site. I Fire issues were addressed during construction of the site. I BEACH CLUB II Agenda Item# 7 Page 7 Exhibit A - 1 Aerial of Site Location t ~= " 0 I z 181- BEACH CLUB 1\ Agenda Item # 7 Page 8 Exhibit A - 2 Aerial of Site Location BEACH CLUB II Agenda Item# 7 Page 9 Exhibit B Proposed Site Plan ~¡;~.. ¡ I~" U Ii !i ! ,I ~ I; 0 Lb~:~~d:-~~\ 11-" , I,"" I 1: H ,"'30' ORAI.~,U'" EU"'~ENT "",--,,-""'.!J"~,~----- 1 """'.. ~If't-, r ;~!t_..L ~ ~! ~ ~ ~ ~ ;~~;!-_:~ --!--..- ..0.' Mi" .Cooc cc C. ",M 00' :' -r ¡: ~ ~( ;'! : Î: :":"¡! ..,..:,.,...: 'i"'i,"': " ,.,.! .,:"ul~o 'f ,~' ,.'.',', , :.- ,"¡"¡"!! : '., ~ ,";':" ': .:.,h .,...."' w,,' c ,J--.- """""""', ..:,,',', .... i I , ""...., IT [I " .... .... ... rim...;, .., .7""'",,' ,',"",'".. ,,', ----------- . 'w ."-' ">: ': ,-::,.. ""'" ,:. "',, "",.' ";" "'; '~ r !11.~:":,,, . '---r'o . SITE PLAN ',r ,'r ...------- ~ ~~' ¡ ~»:::=:J~>'\ I COMMUNITY SIGN " ¡ g'wx2'h, 3'abovegradc \ \ --~~~ ", r ¡NO'IAN r l" AVENUE----'-" - , II.. ""L ""CO, ", BEACH n I , ....1< ""'~(.. ""...... .. CLUB 'IN,""" Dt:aC0tA>- ., VA. BE~CH', VIRG1N'A : .."'...... ""0"'." ~ HOGGARD/WR' ASSOCIATES """,.cm '-:IOft........, s"'"""","..If'lame!Si~" 0, R, eo"""""". v ¡co; .ío ¡~ - 4-0' BEACH CLUB II Agenda Item # 7 Page 10 Exhibit C Unit Pictures BEACH CLUB II Agenda Item # 7 Page 11 Exhibit D Unit Pictures BEACH CLUB II Agenda Item# 7 Page 12 »OJ (C¡M1 (1»> :J(') g.I \J;::;(') ß)(1)r (C. 3c: (1) '.:It tJJ ..... - v,)-.J- ~ Þ--4 !=< c..;Þ ~ c;:.:, ~ Z C> ~ g¡à ~ C> ........ r: ~ ~ C-:) I - , - DISCLOSURi~!!,TEMENT] APPLICANT DISCLOSURE If tM applicant is a corporation. pMnmship, lim1. buslnas$, or other unh100rp(>rllled orgnnlzlltkm, complete the rollowing: \If list tho applicant name lollOW&d by the namcs 01 all officors. members. trustees. partners, 010. below: (Atlllcil list it necessary) Reach Club II Unit Owners' Association Inc.. u Vitginia corpotalion: Michaol Chinn. Pmsldcnl; David Compton. Vice President: Michaol Wheatley. 2"" Vìœ Ptèsidonl; LInda Phillips, Secretary; Lalltel Bishof). Tre¡¡surer 2. Ust ail businesses that have II p<~F( nl'$ubsidiary' ot affrllalOO busin!1$!; entitr mialionsilip wilh tho applicant: (Mtllc" /i"t if necussary) 0 Check hom il tho applicant Is NOT a corporati,,". pßrtnershlp. fítm. busln05s, or other unincorporated orgatlilatlon. PROPERTY OWNER DISCLOSURE Gomlltele t"is sectiol1 ol1ly if propmty OW""" is rliffemul fmm ¡¡PflUG/wi, If tho p[Op"'ly ownor is a eOtpor3!iür\, pmtllm~hil). Hrm. b.".inosß, or oU1m ur\incorporatod or9anizatlol), complo!() Iho "'lIowing: 1. List Ih() property OWlicr name 10llowed by 1M nomes of all officers. members. trustO()S, partners. elo. below: (Atlaclllisl it t!(¡COSs8r/) 2. List nil businesses thaI hAve a rmreni-suh5,¡lj¡IIY' or ¡1f!íliated busines¡, ontil/ relationship with the applicant (Allllclr líst if ","ccssary) 0 Cht]Çk here II ti,l) property <rwnat is NOT a corporation. partnership, firm. business. or QUi"r unincotp<rrðted organization. 'ii,'5;; ~;~í;';g';îõfioo¡;;;;¡~' DISCLOSURE STATEM AODtTlONAL DISCLOSURES Ust IlIi known contraclOts or busIMS$()s that hav!> or will provide sl)rvitUS with H!Specl 10 the roquested ptoperty use, Including but not limi1Cd to the providers of architeclut31 smvices, real esfale services. finencial $l)fVÌ\;e$, flCtŒJrltlng services. and I~al services: (Attach lisl it O!1cossary) Sykes, Oourdon. Ahem &. levy., P.C. Hmry R. Purkey, Jr.. EsqUire I -Parent,subsidiary relationship" means. 0 rebtionship thatllxists whon one corporation directly or indirectly owns shares pO%Q>sing mom tMn 50 pNeenl 01 the votinq pOWIlt 01 anolher cotp(>mtion: SHe State ane! Local Govamment ('""nlliel 01 Int'm",)lsAc!, Vii. Cod" § 2.2.3101. ? .'Affiliale" business un lily fèlalior\ßI1ÌIJ """,n~ 'ù relationship, olhOl Ihan p¡IIt)l\I-5lJ!)sidiary relationship, IhalG"ists ",I'en (i) OM t)usiness entity hIls U Çùnlfolling ownership iJi!Nes! in tho other ;",",'1"(,$ ""lily, Iii) a conlmlling ownur in or1l1 ""tily is illSo a controlling owner in Ihe "Ihot ,!ntily. or (Iii) thero Is shared manauemenl or contml belwQclt Iho !Jusino,", ""HI<.'" r'lctom Ih'll :;houkl be cons<t!med !n delormininu tilt! uxlst",;c" of "n fllldnld¡ hus;noss onllty rolalionship inClude Ihat the Sl1lm~ porson or substantially Itl" (¡arm) person own or maMgo Ihe IWO enlitie": tholo arc wmmon or col11minolt1ct t"o,¡" or "s~"ls; tho huSifW.S8 t>ntilies shore Iho li$(! of Ihn $arnn offices Of emPIOy';"s Of ...lh",wi'iØ ,,;lam flctivitios, IIIsourW$ <>r pmsmm.,1 on a IOgul¡1r basis; Qt Ihew 15 !>\hec."i"e a closlJ working rolationshìp b"tw""" !1m OI1títies: SI1O State and Local Go'mll""""t ConOicl of IntOtOSIS Ac\, Va. Code § 22.3101. CERTIFICATION: I certify that tho InfOllnall",. ('onl¡1Ined howin Is true and ACeuttllO, 111ntlorsl!",d that. UP')11 recelplof notilícation u,ostc¡)td) thnt tho appliCiltion ha$ been sohodu!()(! lor public hearing. 1 am ruspol\sible ror ob!aining vnd [)03!ing fhe required "'nn or) Iho subjecl ptoperty (II least 30 d3Ys prior 10 Iho schoduled pUblic hearing trr the inslru<.!ion5 'n Ihi>; Owner',' M,c!i;Jn; Chinn. Pmsidanl 1",,>\ N,."" p,;", ¥¡om;, ... z 0 ........ ~ Co-' : -1 ~ t..::) ~ ~ N g¡à ~ <:> ........ F : ~ (- ( em CIJ -. >< S"tn:T .... (") -. CDÕC" 3 tn -. CD C r+ 3. ø m Item #7 Beach Club II Unit Owners' Association, Inc. Change of Zoning District Classification 1100 Indian Road District 6 Beach November 10, 2004 CONSENT William Din: Item #7, Beach Club II Unit Owners' Association, Inc. This is an application for a Change of Zoning District Classification from A-18 Apartment District to Conditional A-24 Apartment District. This is on property located at 1100 Indian Road in the Beach District. Is there a representative for this application? Eddie Bourdon: Eddie Bourdon, a Virginia Beach attorney, and we're certainly appreciative for being on the consent agenda. William Din: Thank you, Mr. Bourdon. If there is no objection, Ms. Anderson would you please explain this one? Janice Anderson: Yes. Thank you. This is a Change in Classification from A-18 to A- 24. This is property located of Norfolk Avenue and Indian Road. This development was built in the early 1980's and it was first approved as an A-18 density. A portion of the property was conveyed later that was right off of Norfolk Avenue. Therefore the resulting condo units were non-confonning, as far as density is concerned with the A-18. This application is really to clear up the density since the portion of the property was sold and also, I believe as you show on the additional unit that was an office and now they changed into a unit. We believe this application should be approved and recommended approvaL This area has been in existence since the 1980's. These units in there are well maintained and it's the proper use in this area. William Din: Thank you Ms. Anderson. I'd like to make the following recommendation. I'd like to move that the following item be placed on consent. Item #7 is a proffered application located also in the Beach District. Dorothy Wood: Do I hear a second? Barry Knight: Second. AYE 11 NAY 0 ABSO ABSENT 0 c::=- ANDERSON CRABTREE DIN HORSLEY AYE AYE AYE AYE Item #7 Beach Club II Unit Owners' Association, Inc. Page 2 KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, Item #7 has been approved for consent. Dorothy Wood: Thank you all for coming down. c:==. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6006 DATE: November 15, 2004 TO: Leslie L. Lilley William M. Macali \j\t)\ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Beach Club IT Owners' Association, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 7,2004. I have reviewed the subject proffer agreement, dated July 30,2004, and have detennined it to be legally sufficient and in proper legal fonD. A copy of the agreement is attached. Please feel tree to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cC:~K:athleen Hassen BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC., a Virginia non-stock, non- profit corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of July 2004, by and between BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC., a Virginia non-stock, non- profit corporation, Grantor; and THE CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 3.338 acres and described as "Beach Club II Condominium" as more particularly described in Exhibit" A" attached hereto and incorporated herein by this reference (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-18 Apartment District to Conditional A-24 Apartment District; and WHEREAS, the Grantee's policy is to provide only development of land for various purposes through zoning 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 goveming the use for the orderly and other land 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 PREPARED BY: the Grantor's rezoning application gives rise; and 1MB SYK£S. BOURDON. m AHilt~ & LM. P.C GPIN: 2417-73-6815 -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-24 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 covenants and agrees 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. The Property as currently developed shall be no more than sixty-five (65) multi-family residential units substantially in conformance with the Exhibit entitled "SITE PLAN - BEACH CLUB II", dated 6/84, prepared by HoggardlEure Associates, which has been exhibited to the Virginia Beach City Council and is one file with the Virginia Beach Department of Planning. 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, PREPARED BY, IIBSYKIS. ROURDON. amended, or varied by written instrument recorded in the Clerk's Office of the Circuit m AllfRN & LM. P.C Court of the City of Virginia Beach, Virginia, and executed by the record owner of the -2- PREPARED BY: (3Ia SYHS. ROURDON. MAIlillN &LM.P.C 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. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or 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. -3- PREPARED BY: na SYHS. ROURDON. m AIImN & liVY. P.C WITNESS the following signature and seal: Grantor: BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC. By: ~ ~/k-- .~ '/'/ Michael Chinn, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2nd day of August 2004, by Michael Chinn, President of Beach Club II Unit Owners' Association, Inc., a Virginia non-stock, non-profit corporation, Grantor. /I~ ß /1m ~iu9 Notary Public My Commission Expires: August 31, 2006 -4- , . EXHIBIT "A" ALL THAT certain residential condominium entitled and known as BEACH CLUB II, located in the City of Virginia Beach, Virginia, and all common elements appurtenant, as more particularly described, designated, and shown in that certain Condominium Declaration dated April 10, 1984, and recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2347, at Page 35, with the exhibits thereto. GPIN: 2417-73-6815 CO ND REZO NElBEA CH CLUBII/PRO FFER PREPARED BY: IJIB SVIŒS. ROURDON. tmlAHŒN & LM.P.C -5- Zoning History i#j Conditional Zoning - Recorded Proffers rn DATE I REQUEST 1 09/28/04 CUP Motor Vehicle Rentals 2 OS/25/04 CUP Automobile Repair 3 09/09/03 Conditional Rezoning from 1-1 to B-2 CUP Motor Vehicle Sales and Service 4 03/25/03 Street Closures Rezoning from 1-1 & B-2 to Conditional B-2 CUP Motor Vehicle Sales 5 01/28/03 Street Closure 6 12/10/02 CUP Motor Vehicle Sales I ACTION Granted Granted Granted Granted Granted Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Stephen Letourneau - Conditional Use Permit (automobile repair garage) MEETING DATE: December 7, 2004 . Background: An Ordinance upon Application of Stephen Letourneau for a Conditional Use Permit for an automobile repair garage on property located at 156A Chestnut Avenue (GPIN 14874303930000). DISTRICT 3 - ROSE HALL . Considerations: The applicant proposes to operate a small automotive paint repair business. The proposed business will occupy 3,750 square feet of an existing building. The applicant will have two employees. The proposed hours of operation are 8:00 AM until 5:00 PM Monday through Friday. The use is consistent with the existing character of the area and represents a transitory use until this area redevelops as envisioned by the Comprehensive Plan. The addition of this operation within an existing structure is expected to have negligible impact on the surrounding uses and zoning. The Planning Commission placed this item on the consent agenda because it is consistent with the surrounding uses, Staff recommended approval, and there was no opposition. . Recommendations: The Plar~ming Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary permits, inspections and approvals form the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy of the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. Vehicles shall be parked within designated areas, and no vehicles shall be parked or displayed within any portion of any public right-of-way or in any Stephen Letourneau Page 2 of 2 landscaped area. Storage of vehicles awaiting pickup shall not obstruct Fire Department access to the site. 3. All work shall be performed inside the building. No outside storage of equipment, parts or materials shall be permitted. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 5 u bmitting DepartmentJ Agency: Planning Departmen~~ City Manager: ~ \t- ~~ STEPHEN LETOURNEAU Agenda Item # 8 November 10, 2004 Public Hearing Staff Planner: Karen Prochilo The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Location and General Information Conditional Use Permit for an automobile repair garage. Property located at 156A Chestnut Avenue. I'IC.md.".m,'Z<m."Ii. '~<,"""Pn'¡;". CUP 'Ò, -\"'" P.i'p.", C,:¡r.'go 14874303930000 3 - ROSE HALL Part of 31 ,450 SF parcel. Proposed lease space is 3750 SF. STEPHEN LETOURNEAU Agenda Itern# 8 Page 1 EXISTING LAND USE: The 31,450 SF site is zoned 1-1 Industrial District. There is an existing office/warehouse building located on the site. SURROUNDING LAND USE AND North: ZONING: South: East: West: . Motor vehicle sales & service / B-2 community Business District . Warehouse / 1-1 Industrial District . Warehouse / 1-1 Industrial District . Across Chestnut Street is a nonconforming asphalt plant / Conditional B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site has an existing office warehouse located on it. There are no significant natural resources or cultural features on this site. AICUZ: The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant proposes to operate a small automotive paint repair business. The proposed business will occupy 3,750 square feet of an existing building. The applicant will have two employees. The proposed hours of operation are 8:00 AM until 5:00 PM Monday through Friday. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. STEPHENLETOU RNEAU Agenda Item # 8 Page 2 . Consistency with the recommendations of the Comprehensive Plan for this area. . Compatibility of the proposed use with the surrounding uses. Comprehensive Plan The Comprehensive Plan identifies this area as being within Strategic Growth Area 5- North Rosemont Area and recognizes primarily suburban and commercial land use patterns. "One of the goals for this area is to significantly increase the proportion of residential units and non-retail employment base". The plan does not recommend any industrial uses for this Strategic Growth Area, but the Plan recognizes that such uses will exist in the area in the near-term. The Plan indicates that "Redevelopment of the area between Bonney Road and 1-264 should occur over time." Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal is unable to address long term recommendations of this Strategic Growth Area through redevelopment since the applicant is not the property owner. The applicant is only leasing one unit in an existing building. However, the surrounding uses in the area are either motor vehicle related or industrial in nature. Thus, the use is consistent with the existing character of the area and represents a transitory use until this area redevelops as envisioned by the Comprehensive Plan. The addition of this operation within an existing structure is expected to have negligible impact on the surrounding uses and zoning. Conditions 1. The applicant shall obtain all necessary permits, inspections and approvals form the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy of the use shall be obtained from the Permits and Inspections Division of the Planning Department. STEPHENl£TOURNEAU Agenda Itel11 # 8 PagE3 3 2. Vehicles shall be parked within designated areas, and no vehicles shall be parked or displayed within any portion ot any public right-ot-way or in any landscaped area. Storage of vehicles awaiting pickup shall not obstruct Fire Department access to the site. 3. All work shall be performed inside the building. No outside storage of equipment, parts or materials shall be permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. STEPHEN LETOURNEAU Agenda Item # 8 Page 4 Supplemental Information Zoning History J#! Conditional Zoning - Recorded ProFFer!> [I] DATE I REQUEST 1 09/28/04 CUP Motor Vehicle Rentals 2 OS/25/04 CUP Automobile Repair 3 09/09/03 Conditional Rezoning from 1-1 to B-2 CUP Motor Vehicle Sales and Service 4 03/25/03 Street Closures Rezoning from 1-1 & B-2 to Conditional B-2 CUP Motor Vehicle Sales 5 01/28/03 Street Closure 6 12/10/02 CUP Motor Vehicle Sales I ACTION Granted Granted Granted Granted Granted Granted STEPHEN LETOURNEAU Agenda Itel11 # 8 Page 5 Public Agency Comments Public Works Master Bonney Road in the vicinity of this site is a four (4) lane undivided Transportation urban arterial. It is shown on the MTP as an undivided facility with Plan (MTP): a 7a-foot wide right-of-way. VDOT is in the process of conducting a comprehensive corridor study of 1-264, which will involve improvements to the Rosemont Road and 1-264 interchange. Preliminary concepts for the improvements indicate the potential for an impact of this site at some point in the future. Traffic Street Name Present Present Generated Traffic Calculations: Volume Capacity The difference between the Chestnut Not available Not available Street traffic generated by the proposed use and the Bonney Road 16,588 ADT 1 22,800 ADT 1 existing land use is nealiaible. , Average Dally Tnps Public Utilities Water and Sewer: This site is connected to Cit water and sewer. Public Schools I School I Not applicable - No comments Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design CPTED conce ts and strate ies as the ertain to this site. I Fire and Rescue: I No comments STEPHEN LETOURNEAU Agenda Item # 8 Page 6 Exhibit A - 1 Aerial of Site Location STEPHENLETOURNEAU Agenda Item # 8 Page 7 Exhibit A - 2 Aerial of Site Location STEPHEN LETOURNEAU Agenda Item # 8 Page 8 - I I.rJ \ ~ii~! \ (ß :::¡ 0 '. X :. ~ ~U '< h~¡¡ ~ z ~ .1;" ~ ~ ! ....J I 0.. 1.1. i5 ! t w 1.&.1 "- ? I- C) .~ a:: (f) 0 .. s..:.. ~ .. '< ~1! cr ! . < :II:: .- : ,>. -. .,., to,¡ a;! ..' :>- '" 3 æ '-' þ ~ --..-............. ...... . . ---..-......!. ..... ~ . ~:¡ ~!! ! .,' - Exhibit B Proposed Site Plan STEPHEN LETOURNEAU Agenda Item # 8 Page 9 ~ <> .", <> 5! ¡ ......._-- Exhibit C Exterior Photograph _/- ~-- _/'""' --------~ -------.-- ---- .-/'""' ---- /- STEPHEN LETOURNEAU Agenda Item# 8 Page 10 I en ~ m -u :r: m ».z (Qr ( ). m :J~ 0.0 P, -u_c p,.-+JJ (Q( )z CD .:3. m -L:tt:» -LooC DISCLOSURE STATEMENT - APPLICANT DISCLOSURE If tho applicant is a corporation. partnership, firm. business. or olhol unincorporated organization, complete tho following: 1, list tho applict1nt namo followed by tho names of all oflìcOts, members. tfUstoOS. partnors, ote. below: (Attach lisllf necessary) 2. List (III businesses thut have a p(lrent-subsidiary' or artlliated business ontitv' relatimwt\ip with tho npplicanl: (Alii/"/) lisl if f)f}CQS$Oty) ~ r¡¡) Chock horo if tho ilpplìeanl is NOTa corpomtÎon, partnOfship,litTl1, business, Ot other unincorporatod organizalion, PROPERTY OWNER DISCLOSURE Camplof¡) tltis $()clirJ/! ooly if property o\'ltlflr is difforolll from <lpplk;anl. If tho proporty ownor is II corpomlion. par/tlorship, finn, buslmll;s, or other Li!\ineorporaled organization. complete Iho following: 1, List the prop&lty owner name followed by the names of all offfcet$, membars. trusle!)$, patlnors, otc. bolow: (Attach list if nøcesslllY) 2. List nil businesses that have a parent-subsidiary' Ot aflíliated business onlitv' rutatlo/1ship with tho applicant: (A/tacll lisl if flOCOSSIIIY) Œ! Check hem If tho property owner is NOT a corporation. par1norship, flml, business. or othOt unincotpOraled organizaUon. I~-~ ~-~~. DI S ~~O~U R E ~~ T e:~i!!!J ADDITIONAL DISCLOSURES Lh,t all known contractom or businesses Ihat have Or will provido services with tOSpoct to tho requestod property use, including but not limited 10 tha providers of Mchlteclural serviees. real eslalo servk.as, línancial services, act'Ounllng services ¡md logal services: (Attach lisl if necessary) , 'Paront-subsldiary mliltionship" means "/} mlalìonship that oxlsts when ono corporalion dlroctly or indirectly Ollm!; shams posso$sing nloro than 50 pon;anl 01 thø voting power of nnolhet corporation." SeQ Slate and Local Government Conflicl of !nletests ACI, Va, Corlo § 2.2-3101. 2 "Affiliated business Ut1lily rolali()l1ship" (1\MnS "a rolation$hip. other than parenl-1¡ubsidiary relnlìOt\ship. Ihat axists when (i) one business entity has a controlling ownorship interosl in Ihe olher business rmtily, (ii) a controlling ownOt in ono entity is atso a controlling owner in the othðt enllty, Ot (Iii) Ihem Is shmed management or conlrol belwean the buslnoss ontitios. faclors Ihat should be considered in dotemlinlng the existence ot an affiliated business entity relationship incfudo that tho same person or subslanlìally tho same person own or manage the two onlílies; Ihero are common Ot commlnglod funds Ot asBots; tM business onlìtìo$ sham Iho use of Iho sarin) offices or employe!!s or othorwise share activities, rosources or personnel on II regular basis; or theta is olherwlse a closo working mlallonship between tho entities," Soe Stalo and local Goveml11ont Conflict of Intoresl$ Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that tho Information contalnod heroin is truc and acmJtalo. I \l!\delst8.tld Ihal, upon receipt 01 notification (postcard) thai the application hM been scheduled for public hearíng, I am ro&ponsiblo for obtainIng and po sling tho lOt¡uirod sign on Ihe subject prpporty at least 30 days prior to the schedulod p(¡blie heMing aC:;l°rdl . to Iho in§l(.uctions in Ihis packilge. /£ .¥ ~. '. ip;~/t'!.r/!cVf;:::::':.,....~.m... AI>Pk.?ói'. Signature " 'pr;)þU11y Ow,,<)t's S;9"firù\o ( em CJ) -. >< S' en ::r - (') -. mõO'" 3 en -. mcP+ ::s .., C _m Item #8 Stephen Letourneau Conditional Use Pennit 156A Chestnut Avenue District 3 Rose Hall November 10, 2004 CONSENT William Din: The next item I have is Item #8 Stephen Letourneau. This is an application for a Conditional Use Pennit for an automobile repair garage on property located at 156A Chestnut Avenue located in the Rose Hall District. There are three conditions associated with this application. Stephen Letourneau: Hi. I'm Stephen Letourneau. I'm the owner of the company. William Din: Have you read the conditions? Stephen Letourneau: Yes I have and I do agree. William Din: Is there any objection to placing this on consent? If not, Mr. Crabtree will explain this item. Eugene Crabtree: This business is going into an area that is already automotive and is part of the strategic growth area. The business that is proposed to go in there will service those automotive businesses that are already there. This is between Bonney Road and 1- 264 and it completely confonns to the addresses that are in the area. We think that it is a good use for this particular area in this business so we put it on consent agenda. William Din: Thank you Mr. Crabtree. Stephen Letourneau: Thank you very much. William Din: I'd like to move that the following item be placed on consent. Item #8 with three conditions located in the Rose Hall District. Dorothy Wood: Do I hear a second? Barry Knight: Second. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON CRABTREE DIN HORSLEY AYE AYE AYE AYE Item #8 Stephen Letourneau Page 2 KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, Item #8 has been approved for consent. Supplemental Information Map G-3 Ma Not to Scale ~ r Lynnhaven River {#} Cond;ûonall<Jning - Recorded Prolters CUP Multiple family dwelJings 1# I DATE I REQUEST I ACTION 1. 9-12-95 Conditional Use Permit (Motor Vehicle Rental) Withdrawn 4-9-91 Change in a Nonconforming Use Approved 3-22-82 Street Closure Approved 6-8-70 Conditional Use Permit (Small Boat Rental) Approved 5-12-69 Conditional Use Permit (Small Boat Rental) Approved 9-30-63 Rezoning (C-G 2 General Commercial to CoG 3 General Commercial) Denied 2. 1-23-96 Conditional Use Permit (Rooftop Communication Tower) Approved 3. 7-9-96 Conditional Use Permit (Rooftop Communication Tower) Approved 4. 1-14-03 Rezoning (B-4 (SO) Resort Commercial! Shore Drive Corridor Overlay to A- Denied 12 Apartment with a PD-H2 Planned Unit Overlay District) Reconsideration - Revised Conditions 4-8-03 Approved 5. 1-14-03 Conditional Use Permit (3 Multiple-family units) Approved 6. 6-27-95 Reconsideration of Conditions (#1 and 2) Approved 2-28-95 Reconsideration of Conditions (Delete #3) Approved 3-22-94 Conditional Use Permit (Watercraft rental) Approved 7. 4-30-90 Conditional Use Permit (Carwash) Withdrawn 4-28-88 Conditional Use Permit (Carwash) Withdrawn 8. 5-24-94 Conditional Use Permit (Marina) Approved 9. 6-11-96 Street Closure Approved 10. 10-10-00 Street Closure Approved 11. 4-27-04 Conditional Use Permit (Off-site Parking Lot) Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The Terry Companies Five, LLC. - Conditional Use Permit (multiple family dwelling units) MEETING DATE: December 7, 2004 . Background: An Ordinance upon Application of The Terry Companies Five, LLC. for a Conditional Use Permit for multi-family dwellings on property located on the north side of Shore Drive at its intersection with Cherry Tree Place and continuing in a westerly direction to the Chesapeake Bay (GPINS 14897971060000; 14898809070000; 14898839890000; 14878920760000; 14898920050000). DISTRICT 5 - L YNNHAVEN . Considerations: The applicant seeks a Conditional Use Permit for multifamily residential dwellings. The specific proposal is to demolish the Duck In and develop the site with 158 luxury multi-family condominiums. The project is designed to provide a village-style community of six mid-rise residential buildings connected by covered walkways. The five to seven story structures are of architecture reminiscent of the late 19th Century and early 20th Century rambling cottage styles found along the Virginia Beach oceanfront. Wide veranda style porches grace the exterior of the units. Green lawns will extend from the buildings to the dune lines. The existing gazebo will be retained and refurbished. All of the buildings will have views of the Chesapeake Bay or the Lynnhaven River, or both. The proposal will transform this bayfront site into an upscale residential community, providing a gateway to the eastern part of Shore Drive. The five to seven story heights of the structures will provide transition in scale from the adjacent tower style condominiums. Parking will be provided at two spaces per unit. Additional parking is provided for guests. All parking will be concealed from view of Shore Drive, located beneath five of the residential buildings and on an elevated parking deck located in the center of the project. The request is consistent with the recommendations of the Comprehensive Plan in that it complies with the policies established for the Shore Drive Corridor, primarily the need to preserve and protect the character, environmental and economic value, and aesthetic quality of the adjacent neighborhoods. The request is compatible with the surrounding uses. While the applicants could apply for a Conditional Use Permit for the maximum allowed density for the site, 275 The Terry Companies Five, L.L.C. Page 2 of 2 units, they allowed the design and scale of the proposed buildings to determine the density for the site. The site and buildings are designed within the parameters of the Shore Drive Corridor Design Guidelines, providing high quality building materials and extensive landscaping. There was opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: 1. The site shall be developed substantially in accordance with the submitted exhibits entitled "POINT CHESAPEAKE, CONDOMINIUMS ON THE CHESAPEAKE BAY", (Site Plan, Aerial Site Model, Aerial Renderings), prepared by CMSS Architects, PC, for Terry Companies Five, L.L.C. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 2. Architectural elevations, building material samples, .and color samples shall be submitted for review with the site plan during detailed site plan review in the City of Virginia Beach Planning Department / Development Services Center. 3. A public access / recreation easement shall be dedicated over a portion of the beachfront. The exact width and location shall be determined during detailed site plan review in the City of Virginia Beach Planning Department / Development Services Center. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Deparlmentl Agency: Planning Department ~~ City Manager: r q¡ ðr't THE TERRY COMPANIES FIVE, L.L.C. Agenda Item # 9 November 10, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Location and General I nformation Conditional Use Permit request for Multiple-Family Dwelling Units Property located on the North side of Shore Drive at its intersection with Cherry Tree Place, and continuing in a northern and westerly direction to the Chesapeake Bay M4Þ G-J Moo Not to Sco'c i """""'f."N'" 'y""h,~o_, """"'~"."'","o,."""_"""'" 14897971060000; 14898809070000; 14898839890000; 14898920760000; 14898920050000 5-LYNNHAVEN 7.64 acres THE TERRY COMPANIES FIVE,LLC Agenda Item # 9 Page 1 EXISTING LAND USE: The Duck In restaurant, parking areas and a gazebo occupy the site. SURROUNDING North: LAND USE AND South: ZONING: East: . Chesapeake Bay . Shore Drive . Resort related uses - Restaurants and Marinas / B- 4 (SO) Resort Commercial - Shore Drive Corridor Overlay District . Condominiums / B-4 (SO) Resort Commercial - Shore Drive Corridor Overlay District . Lynnhaven Inlet West: NATURAL RESOURCE AND CULTURAL FEATURES: The Duck In has existed on the site for more than 50 years, and is considered a landmark on Shore Drive. Several live oaks exist on the lot at the intersection of Cherry Tree Place and Ocean Shore Avenue. This site is not part of the request, and the live oaks will not be disturbed. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant proposes to demolish the Duck In and develop the site with 158 luxury condominiums. The project is designed to provide a village-style community of six mid- rise residential buildings connected by covered walkwa~s. The five to seven story structures are of architecture reminiscent of the late 19t Century and early 20th Century rambling cottage styles found along the Virginia Beach oceanfront. Wide veranda style porches grace the exterior of the units. Green lawns will extend from the buildings to the dune lines. The existing gazebo will be retained and refurbished. All of the buildings will have views of the Chesapeake Bay or the Lynnhaven River, or both. The Colonial Revival style of architecture will transform this bay front site into an upscale residential community, providing a gateway to the eastern part of Shore Drive. The five to seven story heights of the structures will provide transition in scale from the adjacent tower style condominiums. Parking will be provided at two spaces per unit. Additional parking is provided for guests. All parking will be concealed from view of THE TERRY COMPANIES FIVE,.LLC Agenda IterTl # 9 f'{:tge 2 Shore Drive, located beneath five of the residential buildings and on an elevated parking deck located in the center of the project. The proposed landscaping will create a series of outdoor rooms, connected by pergolas which will produce a pedestrian network connecting the outdoor spaces, the beach front, the parking areas and the building entrances. Formal landscaping is proposed in a roundabout in Ocean Shore Avenue. Broad lawns will extend from the buildings to the dune lines. The dunes will be reconditioned and stabilized with native grasses providing a defined boundary between man made and natural areas. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . Consistency with the Comprehensive Plan recommendations for the area. . Compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan designates this site as Primary Residential Area (Shore Drive Corridor, Site 1). The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. The established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. These provisions enable this development to promote the high level of quality the Plan policies and Shore Drive Overlay District guidelines envision and encourage in this corridor. Shore Drive is clearly one of the City's most prized road corridors because of its function as a resort gateway, its economic vitality status, its critical environmental THE TERRY COMPANIES FIVE,LLC Agenda Itern#9 Ptige3 importance, and premier views of both the adjacent inland waterways and the Chesapeake Bay, and the positive relationship it fosters between its residential and commercial components. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are as follows: (1) The request is consistent with the recommendations of the Comprehensive Plan in that it complies with the policies established for the Shore Drive Corridor, primarily the need to preserve and protect the character, environmental and economic value, and aesthetic quality of the adjacent neighborhoods. The development provisions offered with this request with regards to site and building design, significantly reduced density, appropriate selection of building materials compatible with the setting, open space and landscape design amenities, safe and efficient internal access and circulation, and a storm water management system designed to be functional and attractive, all collectively provide the required assurances that this high quality residential project integrates well into the surrounding moderate to high-density residential community. (2) The request is compatible with the surrounding uses. While the applicants could apply for a Conditional Use Permit for 275 units, the maximum allowed density for the site, they allowed the design and scale of the proposed buildings to determine the density for the site. The site and buildings are designed within the parameters of the Shore Drive Corridor Design Guidelines, providing high quality building materials and extensive landscaping. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The site shall be developed substantially in accordance with the submitted exhibits entitled "POINT CHESAPEAKE, CONDOMINIUMS ON THE THE TERRY COMPANIES FIVE,LLC Agenda IterTI~#9 F>?ge 4 CHESAPEAKE BAY", (Site Plan, Aerial Site Model, Aerial Renderings), prepared by CMSS Architects, PC, for Terry Companies Five, LLC. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 2. Architectural elevations, building material samples, and color samples shall be submitted for review with the site plan during detailed site plan review in the City of Virginia Beach Planning Department / Development Services Center. 3. A public use access / recreation easement shall be dedicated from Occan Shorc Avcnuc to thc over a portion of the beachfront. The exact width and location shall be determined during detailed site plan review in the City of Virginia Beach Planning Department / Development Services Center. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. THE TERRY COMPANIES FIVE,LLC Agenda Item~#9 PCige 5 Supplemental Information Map G-3 Mo Not to Scole ~ r Lynnhaven River {#} (ondi/ion,ll Zonin8 - ~ecorded ProtTe" CUP Multiple family dwellings [[] DATE 1. 9-12-95 4-9-91 3-22-82 6-8- 70 5-12-69 9-30-63 I REQUEST Conditional Use Permit (Motor Vehicle Rental) Change in a Nonconforming Use Street Closure Conditional Use Permit (Small Boat Rental) Conditional Use Permit (Small Boat Rental) Rezoning (C-G 2 General Commercial to C-G 3 I ACTION Withdrawn Approved Approved Approved Approved THE TERRY COMPANIES FIVE,LLC Agenda Item#9 Page 6 2. 1-23-96 3. 7 -9-96 4. 1-14-03 4-8-03 5. 1-14-03 6. 6-27 -95 2-28-95 3-22-94 7. 4-30-90 4-28-88 8. 5-24-94 9. 6-11-96 10. 10-10- 00 11. 4-27-04 General Commercial) Conditional Use Permit (Rooftop Communication Tower) Conditional Use Permit (Rooftop Communication Tower) Rezoning (B-4 (SD) Resort Commercial/Shore Drive Corridor Overlay to A-12 Apartment with a PD-H2 Planned Unit Overlay District) Reconsideration - Revised Conditions Conditional Use Permit (3 Multiple-family units) Reconsideration of Conditions (#1 and 2) Reconsideration of Conditions (Delete #3) Conditional Use Permit (Watercraft rental) Conditional Use Permit (Carwash) Conditional Use Permit (Carwash) Conditional Use Permit (Marina) Street Closure Street Closure Conditional Use Permit (Off-site Parking Lot) Denied Approved Approved Denied Approved Approved Approved Approved Approved Withdrawn Withdrawn Approved Approved Approved Approved Public Agencv Co""menj§ Public Works Shore Drive in front of this application is a four (4) lane major urban arterial road. The Master Transportation Plan shows this section of Shore Drive with a proposed 150 ft. right-of-way width. Improvements are not anticipated on this roadway within the next five years. However, the Capital Improvement Program (CIP) includes the Lesner Bridge Replacement Study that is scheduled to begin in FY 2005-06. The project scope will be to study the replacement of the existing Lesner Bridge. The entire Shore Drive frontage for this site would be in the project area for the bridge replacement project. Staff has met with the applicant and determined that sufficient area exists along the Shore Drive frontage to accommodate a right-of-way reservation for the bridge project. Master Transportation Plan (MTP): THE TERRY COMPANIES FIVE,LLC Agenda Item # 9 Page 7 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing land Use ~ 42,747 31,700 -1144 Shore Drive ADT' ADT1 Proposed land Use 3 - 947 , Average Dally Trips 2 as defined by 9,000 square feet of restaurant facilities. 3 as defined by 158 Residential Condominium units. Public Utilities Water: There is an eight-inch City water line in a Public Utilities easement in a portion of the site. A six-inch City water line exists in Ocean Shore Avenue. The project must connect to City water. Sewer: There is an eight-inch City gravity sanitary sewer main in Ocean Shore Avenue extending into a portion of the variable width Public Utilities easement. The project must connect to City sewer. Analysis of Pump Station 200 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Public Schools School Current Capacity Generation 1 Change 2 Enrollment John B. Dey 736 786 13 13 Elementary Great Neck Middle 1165 1065 6 6 Cox High 2056 1811 9 9 " ." generation represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Desi n CPTED concepts and THE TERRY COMPANIES FIVE;LLC Agenda Item# 9 Page 8 Fire and Rescue: I strategies as they pertain to this site. Fire Department concerns will be addressed during the buildin permit process and DSC review. THE TERRY COMPANIES FIVE,J...LC Agenda Item #9 Page 9 Exhibit A - 1 Aerial of Site Location THE TERRY COMPANIES FIVE,LLC Agenda Itern# 9 Pag~..1 0 Exhibit A - 2 Aerial of Site Location THE TERRY COMPANIES FIVE,LLC Agenda Item# 9 Page 11 ~ ð ~ CD i =~ ~ ~ ~~ j ~ ..~. ~ ~ j ~",'~t~ ~~~~ . . .i-i.} .II'~ ;, . . ..3.J- ..~. . ¡ ~ ~~~'U .. " ï" ,'ea"o i, O, ! ~ ~! : ~i ¡§~i d ~ ! Ii Ii " '.,., /. --~~hr ~~~!5 ~da~ 3. ~: J ~ ~. ç~ ~; ~. ~l',' \Y ' :' Exhibit B Proposed Site Plan THE TERRY CaMP ANJES FIVE,LLC Agenda Item;#9 Page 12 Exhibit C Proposed Site Model THE TERRY COMPANIES FIVE,LLC Agenda Item~#9 Pager 13 .. - . .. .__n¡ Exhibit D Proposed Building Elevation THE TERRY COMPANIES FIVE,LLC Agenda Itel'T") # 9 PageJ 4 -; I m -; m JJ JJ -< () 0 s: -a »» <0::2: CDm :::scn c.." $).)- '"0;::;< $).)CDm <03- ( ) : r'" .....#r'" (]HO () DISCLOSURE STATEMENT APPLICANT DISCLOSURE II the applìcllnt Is a colpOtation, paltnetshlp, film. business, or Olhet unincorporated otganlzalion, complete the following: 1, Llalthe applicant name followed by the names of all omeara, members. trustees, patine IS. otc, below: (Attach /isl if necessary) The Tolrv Compnnlos Five. L.L.Ç(. .- MQmbers: Napolitano Enlemrises. Inc. and _.lerry Petotson Ventute Ten. LLC. -..------- 2. list nil buslnessos that have a paront-subsidiaryl or affiliated business entity relationship with the applicant: (Attach /ist if necessary) ,,"w,..Nm?olitano Enterprises, Inc. l'Qrty potmson 'l!LntulØ Ton. LL.C. 0 Check here ilthe applicant is NOT a cotporatíon. partnetshlp. IIrm. business. or other unincotporated organization. PROPERTY OWNER DISCLOSURE Complele tllis section only if ptOþorly owlIOr is dif(otonl ftom npplícill1l. If the propotty owner is a corporation. partnership. firm. business. or other unincorporated otganiza1íon. complete Itw following: I. LIst the property ownet name followed by the names of all oHicers. members. trustees, partners. etc. below: (Attach lisl if neC6ssary) Miller EntefPrt$e$ Inc, - WilHam R. Miller. III. Katherine B, MiII~r, ~\vart F. Miller Shore Drive LP - William R Miller. III. Stuart F. Miller, Amy Stuart Miller, Katharine E, Miller, William R Miller. IV, William R. and Stuart F, Miller Itfevoc¡1blg Trust William R. Beroe\' - None (owner Is an individual! 2, List all buslnoflses that hIM) ð paront.subsidiary' or affiliated business enli¡y2 relalionship wllh the applicant; (Attach liSI ilOOCos$lJty) None ŒJ Check hele If the ptoperty ownor Is NOT 8 cotporalion, partnership, firm. business. Ot other unil1COtpotated otganÎzation.- Ro: William R. Bergey 'î,2s¡;, n~;íP;g;ì;;footn-;;;; Çorjd.,....." v.. "o.M -'11'1""""" "01)010<111 r..""",,;¡jIW./W' -. .- ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have 01 Will plOvide services with respeclto the tequested property use. including but not limited to the providers of archlloclum! services. real eslate services, financial services, accounling services and legal services: (Anach lìst if necessary) MSA. P.C, - Enolneeting Services CMSS Architects. PC - Atchitcctural ServiceS TroutmanJ3Jl00Qts. LLP - Looal Serví!?ill! 1 "Parent,subsidlary rolationshlp" moans "a relationship thai exists when ono corpotation directly Ot indiroctly OWt1$ sharos Pos$o8sing moto than 50 potcont of tho voting power of anothor corporation." See State and Local Govornmont Conflict of Interests Act, Va, Code § 2.2.3101. 2 "Affiliated business entity relationship" means "8 rolationstlip. othet than paront- subsidiary relationship. lhat exists when (I) ono business entity has a controlling ownership Interest in the othet business entity. (Ii) a contr01llng owner in one entity is also a conI rolling owner In the othot entity, or (ili) thoro is shated management or conlrot between the business entities. Factols that should be considered in detetmining the existence of an affíliated business entity relationship include that the samo pel80n or suhstanllally tho same person own or manage the two entilios; thote are common Ot commingled funds or ßllset$; tho buslneS$ entities share tho use of the same offices Ot employeos or otherwise share activities, rosoutCO$ or pol$onnel On a rogulat basis; Ot thoro in otherwise a close working relationship bolwoon tho ontítios." Soo State and Local Governmont Conflict of lotorosts Acl. Va. Code § 2.2-3101, CERTIFICATION: I certify Ihat Ihe ioformation containod horeln is two and Meutate. I undor$land that. upon receipt of notification (postc8td) that tho application has boon scheduled fot public hearing, I am responsible for obtaining and posting tho loqulrod sign on the subject property at least 30 days ptlot to the scheduled public hoaring according to the instructions in this package. See Attached for Slgnatulos ._..~. Appjlcanl'. Signalurll ----------....- -..- -....- Print Hamil ¡;;¿¡X;;¡yo;;;;;ìï;;;;S¡g;;ai~;¡'(¡i"Jiffê;e;;¡iti3;¡;P¡;ì;;â;;¡¡""""- p;¡;;¡"Ñâ;';ìï"--" ..-....--..,....-....... m >< ::T en C -. - -. C" D) en -. _n'" CDõm 3 en CD C I :::s ""' _CD"'" ~ I m ~ m :D :D -< () 0 ~ \J »» ccé; <Dm :Jcn a.." $1)- \J_< $1)<Dm <0'3." <1>..<' f""'" .....:t:I:r OH.o () Applicant and Property Owners' Signatures CERTIFICATION: I certify Ihat the information contained herein Is true and accurato. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting Ihe required sign on the subject property at least 30 days prior to Ihe scheduled public hearing according to the instructions In this package, Appllcant NAPOLITANO ENTERPRISES. INC,. a Virginia corporation Member, The Terry Companies Five. L.L.C, -1&':<~-- VINcENT NKr~NO, prosid;;~--t-- TERRY PETERSON VENTURE TEN. L.L.C.. a Virginia limlled liability company Member, The Terry Companies Five. L.L.C. BY: Pelerson. Olivieri. Napolitano Interests. I..L.C.. a Virginia limited liability company, Operaling Manager .' ."._~.,.. ,JQfj&-.;~1f'~~- . Of&~~-M~~;9;':--- prooertv OWl1øf'$ MILLER ENTi:RPRISES. INC.. a Virginia corporation ( /_:~- ') ~-;~t::<z~--. ..L.. _.,----, WilliAM R. MILLER, III. President SHgBE.QRIVE, L.P,. a Virginia limited partnership ¿?;iZ;;/c-~__..__.,...- WilliAM R. MilLER, III, General Partner ^""","j(""'T'~iC«r",,,"" ,c"""".".,u,.P.,""""""""('} WilLIAM R. BERGEY. an individual ~I.~ WIlliAM R. BERGEY ¡í ^-,"'¡"'....."",""......C""',~U"""ff"_,,..,m m >< ::r c -. en -. C'" Dr UI -. _n~ CDõm 3 UI CD C I 3. (iJ I\) Item #9 The Terry Companies Five, LLc. Conditional Use Permit North side of Shore Drive District 5 Lynnhaven November 10,2004 REGULAR Joseph Strange: The next application is Item #9 The Terry Companies Five, LLc. It's an Ordinance up°J? Application of the Terry Companies Five, LLC. for a Conditional Use Permit for multi-family dwellings on property located on the north side of Shore Drive at its intersection with Cherry Tree Place and continuing in a westerly direction to the Chesapeake Bay, District 5, Lynnhaven. RJ. Nutter: Thank you very much Madame Chairman. Members of the Commission, I appreciate your indulgence today. We heard your comments earlier this morning so we'll try to do a couple of things today, which number one, keep this short. That is part of the reason we are passing around this booklet that we prepared for you. Number two we'll try to keep to the highllghts of this application. First let me say I'm proud to be associated with this application. As you know, this represents the redevelopment of the Duck-In restaurant. It is somewhat ironic to me because the Duck-In was probably one ofthe first uses on Shore Drive. It was constructed in the 1950's. As you know, it's owner, operator and mentor Bill Miller is here today. He is here, in the back, in the audience today, and he has made that an institution and an icon of Shore Drive in many ways. He has sat by, by the way, and watched the condominium development that has occurred along Shore Drive take place since long before there was a Shore Drive Advisory Committee, ULI Study, Special Overlay District, and everything else that we have come to recognize as the standard for Shore Drive today. So today, he comes forward in full compliance with all of the things we have made others do along Shore Drive. In fact, I think it is fair to say he will be able to say this application exceeds those requirements. Let me tell a little bit about in shortly. It is a 7.6 acre attractive land. It is zoned B-4, as is all of the property, for the most part around it. We are bordered by Shore Drive to our south, and the Chesapeake Bay largely to our north and west, and additional condominium development to our east. So, the development of this property into condominiums would certainly be in keeping with the uses in the area. But I think more that that, this application is driven by, I would say three principals in my mind. One is minimization. This application sits on a piece of property that would have just a few years ago would given by-right development to 278 units. This application is for actually 158 units. That's roughly 58 percent of their density that would otherwise be allowed on this property. As you know what is occurring along Shore Drive is going for every bit of allowed density in the district. This application is leaving on the table 42 percent of that density. Second of all, this application recognizes the gateway nature of the property, and its desire to be a transitional project. By that, I mean, we have one and two story restaurant structure on the property today, and yet we are next to two high rise Item #9 The Terry Companies, LLc. Page 2 towers, consisting of two separate developments but one single building in each. This application is characterized instead by six different mid rise buildings that will serve as a nice transitional height feature into the property, and third is high quality. Burrell Saunders and CMSS have taken all the talent they have acquired and projects throughout the State, and most ofthem here in Virginia Beach and the Town Center. They have applied their skills in this property in the same way they have to an urban area. This is not an urban project, as you know. They have taken all the quality levels associated with their company and applied them to this tract. So in a second, I'm going to ask Burrell to come up and explain the architecture to you and go through it. This booklet was designed to tell that story for you. Unless you have no questions of me, I'd like to ask Burrell Saunders to come up and keep it as brief as possible. Dorothy Wood: Welcome Mr. Saunders. We're glad to have you here with us. Burrell Saunders: Good morning, or afternoon I guess. I'm Burrell Saunders with CMSS Architects. I'm pleased to be here to talk to you about this project. As Mr. Nutter has already stated this is a very unique piece of property in the City of Virginia Beach. It sits at the gateway into the north end of the beach as you head down Shore Drive. It has a 270 degree view of the water starting from Cape Henry and wrapping all the way back around Lynnhaven. It's a very special piece of property to the residents on Shore Drive and the community. So as we started on the work with the project the developer that came to us came as very special directive to us. I have to tell you this because I greatly appreciate their attitude towards this development that is that they didn't, just didn't want to put the most of the maximum on this property they could get. They wanted to create an environment that would be embraced by the community. It would be a special place. So doing so, they directed us to look at high quality units. These units would generally be in the 2,000 square foot range plus. As we started to look at the project what we thought about doing is not just building a building but building a village. A place that really was a community of the people that lived there ofthe 158 homes that would be on the property. The reason for having six buildings is to start to create that sense of village and be able to frame the property and allow open space to be woven in to the property because the whole idea ofliving in a place like this is lifestyle. You're seeking to live on the Chesapeake Bay, to enjoy the beach, the ocean breezes, and to spend the days in a great place. We actually took as our influence the great resorts ofthe east coast, and actually the turn of the century in the early 1900's. Actually Virginia Beach was conceived and the same types of styles started here in Virginia Beach. It was the era for the great rambling cottages and resort hotels and resort residences during that period. The architecture was very residential in nature and softened by demurs and great porches, parking lows that frame green on the waterfronts. And, we didn't just cram the buildings directly up on the waterfront back there. We actually left thick lawns. If you go back and look at the original pictures of Virginia Beach as you all remember the cottages had great lawns in front of them to the beach. What a great place to go and enjoy each other. So on this property, we actually have five greens throughout the property. Part of the property faces the Chesapeake Bay. The other property faces Lynnhaven. So, we have three buildings that really look out over the Lynnhaven or the Chesapeake Bay in this Item #9 The TeITY Companies, LLC. Page 3 direction, and they offer views in many different directions. The exciting thing about the Chesapeake Bay is the beauty is all around you in different directions. Each person enjoys a different aspect of it. Some of the best views out there actually are down the Lynnhaven as you look back across Shore Drive. Its marsh grasses and interaction of the water with the green areas. But as you look at this, I will point out the five courts that we integrated that will be suITounded by the architecture that allows our open spaces in the spirit of the period of time we were using as our inspiration. The buildings also will be as you can see offer a variety of shapes and fonns. The idea is to create that rambling style to have multiple building heights which have 5, 6, or 7 stories. We're actually organizing the site so that autos are generally stored underneath the buildings or in parking deck that is in the center of the property. You can see it located here and then suITounded by the buildings to protect it from view ofthe cars from Shore Drive or the beach. Also, this gives residents a covered parking space and direct access into the units, which makes very special, especially if you live on the Chesapeake then you understand the winds that howl there in the winter. It is nice to have that protection. But then on the Bayside, what we have done is wrap these buildings at the first floor with large porches so there places to go out and sit in the rocking chair in the evening and have a cup of tea or whatever with friends, and to commune. We will be keeping the gazebo on the beach but upgrading it so there is a place to go out and be a part of the community spirit. Ed Weeden: Mr. Saunders, could you wrap it up please? BuITell Saunders: Yep. What I'll say is, once again, its an honor to have a group of people that really want to do the right thing or willing to put the money in here to do a proper type of community and this will be a special village. Thank you. Dorothy Wood: Are there any questions for BuITell? BuITell, could you please answer questions? Ronald Ripley: BuITell, could you go over the exterior treatments that you were going to use? BuITell Saunders: Well, right now, we've mostly been dealing with this from a fonn standpoint and really haven't gotten to deeply into the materials. But what we're expecting to do is to use materials such as brick on the base, which would have typically been in a case and with things like hardy on the upper stories. Some metal roofs and asphalt shingle roofs in other areas. Ronald Ripley: What about the interaction, the relationship between the right-of-way and the property? What do you anticipate as the fonn of landscaping, walkways, etc. BuITell Saunders: That's a really good question actually. What we have happening there, the bridge as it exists today. Shore Drive is here. We left additional road. What we've done is we created another setback where we have a meandering path that will run through the areas so that it has access to the beach, and it leaves a green way where we Item #9 The TeITY Companies, LLC. Page 4 can plant trees to soften that buffer between Shore Drive and these units. We also move those units in and out. You might notice they don't sit in a straight wall. They move in and out, back and forth. The architecture actually varies between them so to create the variety we need on Shore Drive, to create an element of interest. Ronald Ripley: That's a very good feature. There is a lot of no see, as you know when you're on Shore Drive. If you break those elevations off, there is a little variety. It's going to be well received. BuITell Saunders: We actually move the building heights up and down, and we move the faces in and out, and change the architecture detailing. Dorothy Wood: Thank you Ron. R.J. Nutter: Madame Chainnan, could I add just one last thing? I'm glad that someone else was up here when the light was blinking and I wasn't here to see it. I did want to let you know that we had a large amount of outreach to the public on this project. This is one of few applications that I have ever been involved with, frankly where they set up their own web site, and invited the public to make inquiries about the project. We've also appeared before the Shore Drive Advisory Committee, which Mr. Ripley and Ms. Katsias sit on very well for on your behalf, and they were very excited about the project. We've met with the Shore Drive Community Coalition. We've met with the Board of Directors, Condo Association, I should say. So, we've met and had an outreach program to the community throughout this process, and I wanted you to be aware of that because we're very proud today that it has been so well received by so many segments throughout that area. Thank you very much. Dorothy Wood: Do we have another speaker? Joseph Strange: One other speaker in support is Chris O'Hare- Dorothy Wood: Thank you R.J. Thank you BUITell. Welcome sir. It's nice to have you with us today. Chris O'Hare: Thank you. My name is Chris O'Hare. I'm with Harbor Gate Owners' Association. I'm representing the Board of Directors. I'm the General Manager of Harbor Gate. I get involved with a lot of the logistical activities of our building. For a moment if you would just focus on our building and consider 120 individual owners handling their daily business, moving in and out. We do have during the summer months a lot of moving vehicles, large trucks and that sort of thing. We're very interested in what happens to Ocean Shore A venue. Some of our owners a have asked that Ocean Shore Avenue be considered to be widened to allow a little more parking on the other side but we know that may not be possible. On the north side of Ocean Shore A venue there is one area that concerns us a great deal, and that is at the entrance to the proposed development. We want to make certain that the parking spaces that are closest to that entrance are going to be reserved. Those get used quite a bit and that is typically where Item #9 The Terry Companies, LLc. Page 5 we place our large moving vehicles. The new residents that move in to Point Chesapeake might soon realize that also as they start bringing in moving vehicles. So, please keep Ocean Shore A venue and parking in perspective. The cul-de-sac looks great. We like the squared look but again, that gets used quite a bit. We have a school bus that gets turned around. Our trash collection vehicles and moving vehicles come in there, and our contractors are in and out of there. I was concerned about the construction activity and contractor and sub-contractors taking up a lot of the public street parking that we use as overflow. So, ifthere is anything that the City can do to help us in that regard, maybe some temporary permits. I realize it is a public street. I've got a lot of questions for the developer but I'll deal with that. I'll talk to him at an appropriate time. I've been asked questions about dust and noise. I can talk to the developer about that. And, utility upgrades, street lights. We would be interested in hearing a little bit more about. Apparently, there is only one streetlight out there on Ocean Shore Avenue. Thank you. Dorothy Wood: You would have to ask our attorney Mr. Macali, but the public streets probably would remain public? Would they not sir? Bill Macali: Yes ma'am. Dorothy Wood: Anyone could park on the public street. Is that correct sir? Bill Macali: It depends. The City can always allow parking or disallow parking as it chooses but I would see no reason for it to change. Chris O'Hare: We may well have to pursue that. Dorothy Wood: Thank you. Chris O'Hare: Thank you. Dorothy Wood: Is there anyone else? Comments? Ronald Ripley: I got a question of Mr. Scott. On the turning radius as the gentleman just indicated, at design review do you anticipate that being resolved or any conflict as you see? Robert Scott: Yes. We would make sure that radius met the appropriate City standards. I don't want to say in detail. It's an engineering design for the street system and it would be addressed at the time of site plan review. We would make sure that it met the appropriate City standards. Ronald Ripley: There is a need for more street lighting? Would that be addressed? Robert Scott: We would also address that at the appropriate time of site plan review. Item #9 The Terry Companies, LLc. Page 6 Ronald Ripley: Okay. Dorothy Wood: Is there anything else? Ronald Ripley: I'd like to make a comment. Dorothy Wood: Go ahead. Ronald Ripley: The presentation speaks for itself. It's a quality project. Not only is it a quality project but it is a project that Shore Drive has been working really hard to try to develop in an appropriate matter that is in keeping with the resort residential area that it is, and when this property became available or was known that it was going to be available, my immediate vision was something similar to a high rise and for the developer to come on an propose the quality of development they propose it just blends in very well with the community. The layout is good. The quality is good. The design is good. You got a good development. You got a real good group of developers who have the talent to accomplish this and it is in keeping with the guidelines. There is no reason in my mind not to approve it. Dorothy Wood: I think there is another gentleman that wants to speak. Sir, do you want to speak? I know you weren't signed up but if you would like to speak? Ken Scandell: Yes ma'am, if! may? I'm sorry. I anived late and I did not sign up. I appreciate you accommodating me. My name is Ken Scandell. I live on Shore Drive. I feel like David and Goliath. This is a very large project. I've heard estimates in excess of 100 million dollars. But I wanted to come here today to voice in opposition, and to suggest that they're may be other alternatives that you might be able to take under consideration, and that is possibly extending taxpayer funding to buy it as an open area. In order for the construction to happen it has to get the Conditional Use Pennit. If that is not granted the construction doesn't happen. I've read the application. There are a few things that are unresolved in my mind, and quite frankly I don't know the protocol, or if this is the proper forum to present these issues. I'm trying to get through the ultimate impacts that this is going to have. This is a quarter coming through into Virginia Beach. They are going to be constructing 7 story buildings, five of them obstructing the view east and west on Shore Drive. There is going to be an issue with runoff. If it were turned into an open area the parking lot could be renovated and everybody could use the beach. I'm concerned about the lost of beach use if this becomes private property under condominium act. I'm not sticking with my plan here very well but I would like to state or ask the question. It is my understanding that there is a commission that's, if you'll grant me one minute here. Dorothy Wood: Are you talking about the Open Space Commission? Ken Scandell: No ma'am. It was a beach advisory commission. Item #9 The Terry Companies, LLc. Page 7 Dorothy Wood: Shore Drive? Ken Scandell: No, not Shore Drive. This is different. Dorothy Wood: Beaches and something. Ken Scandell: Beaches and something. It actually expires in June 30, 2005. Their element for the City is referral by City Council to investigate the implications of development in the beach areas. I was wondering if this had been referred to them as yet and whether not they had reached out to the contingency of Virginia Beach and solicited their input? A lot of people are a little bit comtemplative about these things. They feel overwhelmed. They see that everybody is behind this and they become apathetic. I think if they realize that City Council was still in power to accept this as an open area, I think you see a lot more citizenry involved. Dorothy Wood: Thank you sir. I think Mr. Scott could possibly answer your question or Mr. Ripley. Ronald Ripley: 1'd like to make a comment or ask a question. One of my concerns with the application when it came forward was open space also. What the applicant is doing is replacing an easement on the beach to give the public rights to the beach. Now it is only fee simple and the owner owns everything to the water. He could keep people off the property ifhe so desired today. So what he is doing here is that you really getting a quality development. At the same time you're getting open space that their granting to the City called the perpetual easement that you will be able to enjoy and your children will be able to enjoy. The City is gaining that as a public benefit. So, I think it may not be totally satisfy your answer but that is a huge concession for the developer to do. He paid a tremendous amount of money for this real estate under the form ofless density then he could put on there and at the same time grant the public the right to the beach. Hopefully that helps a little bit. It may not completely mitigate your concerns. That is one issue hopefully that you will think about and see that it makes sense. Ken Scandell: If I could reply? Ronald Ripley: Sure. Ken Scandell: I understand and appreciate your perspective. The open area is only as viable as the accessibility. I stated and I believe the gentleman from Harbor Gate or Cape Henry suggested that the area is currently a parking challenge as it is. It doesn't serve much as an open area if there is no place for the public to utilize, based on that parking issue. I would express and I understand the benefit of the public in as far a the tax base, especially with property values and I think they're going to be starting at a significant sums of money and going higher. Dorothy Wood: We appreciate you coming down sir. Thank you very much. Item #9 The Terry Companies, LLC. Page 8 Ken Scandell: Thank you. Dorothy Wood: I think Mr. Scott can tell you about the Beaches and Waterways. Robert Scott: The real group that I think outside the Planning Commission that would have some relationship to the Shore Drive Advisory Committee. They're charged with thinking about the future of the Shore Drive Corridor, both from an open space point of view and transportation point of view and general view ofthe amenity point of view. I know that the committee has had an opportunity to look at this plan. Their feeling is that it fits in pretty well. It's a half-century old institution. Ken Scandell: It's a Virginia Beach icon. Robert Scott: It's a privately owned icon. I think the time has come in the minds of the property owners to move on to another future, and it's their choice to make and they made it. Now, what choice to make and the Planning Commissions and City Council's choice to make is does this fit in with the type of future that we would like to see for the Shore Drive area? Yes there is action by this group that it is necessary that action doesn't take place, as you indicated correctly, construction won't occur. The feelingis that all factors to be considered, this probably does fit the future of the corridor better in fact than the Duck-In. That is a matter of opinion, but people can differ to that but it is a good development of high quality. It's a development that I think probably relates to Shore Drive itself. It probably will add more to the community as a whole and reasonable people differ. Ken Scandell: That's excluding the consideration of buying it as an open area? Robert Scott: Well, if you could buy it as an open area, my thought on that is that you have to look at the value of the amenities to the public versus the dollars it would cost to acquire. This is an extremely expensive piece of property. Ken Scandell: Yes sir. Robert Scott: One thing you have to look at is could you take that same amount of money, and I don't know what that amount would be, and commit to spending it elsewhere, how much more good can it be used? We bought the entire Stumpy Lake property for 13 million dollars. I think it did a tremendous amount of good with that money for the Kempsville and Centerville areas of the City. I think one of the responsibilities that the City Council has, is knowing that it will be a tremendous asset to the community and I think they're right about this. To have that property in public hands and what other opportunities would be forgoing because all of our money would have been spent on one piece of property when so many other opportunities exist that could be acquired with the same amount of money, which again I think was a very large number. I don't know what it is. It is probably a pretty large number. That is just my thought. Their responsibility is to make recommendations to City Council. City Council has set Item #9 The Terry Companies, LLc. Page 9 aside 50 million dollars to buy open space in the City, about two-thirds or so or possibly a little more than now has already been spent. But City Council and we've had advise from the Open Space Committee as purchased a number of properties all around the City that have come a long away of benefiting the community. Now, even though 50 million dollars is a big number we can only go but so far. And, I think that Council is trying to careful stewards of that money and to spend it where they can get the most managed dollars to be spent. Although this would be a tremendous advantage to own this it would also be a tremendous amount of dollars that would have to be spent to acquire and I think the judgment is not possibly in the best way to spend that money Dorothy Wood: Thank you Mr. Scott. Thank you sir for coming down. We appreciate it very much. Ken Scandell: Madame Chainnan, may I make one more point? Dorothy Wood: Just one statement sir. We have to move on. Ken Scandell: Okay. Yes ma'am. Would it be at all possible to defer a vote on this for some period of time? I've been to several of the gentleman's briefings. Dorothy Wood: It would be up to the Commission if they decided to defer it. Ken Scandell: I'd ask that you defer to give it some time. Dorothy Wood: Thank you sir. Ken Scandell: Thank you ma'am. Dorothy Wood: Ron, was that in the fonn of a motion? R.J.? R.J. Nutter: I really don't have much to say. I know that anytime you have development on a piece of property on an oceanfront or bay front area, you're going to have a request for open space. I think that is understandable. But I think that analysis that Mr. Scott suggested to you is appropriate. Another thing that I think is appropriate is the acknowledgment is that this applicant is first of all, as Mr. Ripley indicated, wants to dedicate the public area over the beach along that area, which not only enhances the public access to those areas but has a significant impact on the beach replenishment and maintenance projects along that whole area. We were indicated by Public Works for instance that fact that this property has not been publicly owned or which had no public easement over it has actually impacted the City's ability to work with the Anny Corp. on beach replenishment because the Corp. won't pump sand up on properties over which there is no public easement. While this area has enjoyed incretion of sand it has prevented the ability to go down stream with some of that sand. So, the City was very anxious for this dedication. The other thing is that we're preserving additional right-of- way for the City's widening of Lesner Bridge. When you take away the fact that you're Item #9 The Terry Companies, LLc. Page 10 getting a piece of property with some development on it, underdeveloped in large measure and you're getting public dedications on both sides ofthe property. I haven't done this calculation but I was talking to Burrell but I would bet you there is a certain amount of this land that the City is getting for free. Probably, in some nature, I would guess maybe about and I mean you can't talk about this, you got 20-25 percent of that property is actually coming back to you for the City for public use for no taxpayers money whatsoever. Dorothy Wood: Thank you. R.J. Nutter: Thank you very much. Are there any questions by any of you? Thank you. Dorothy Wood: Ms. Anderson. Janice Anderson: Thank you. I would like to go ahead and make a motion to approve the application as it stands and there are several reasons. I think everybody hates to see Duck-In go. It's been very popular with the citizens of Virginia Beach but this is a beautiful spot. Actually, I just went around it this week by boat, and I believe the proposal that is in front of us is a very unique project. I think it is very appropriate for this area. They are alternating the heights of the buildings. They're not maximizing the area of the land. They're concentrating more on the quality for this area rather than maximizing for the profit. I think the public access is another thing that is non-existent now. That would be another benefit that they have. The parking that they have designed is under the buildings or inside that is not visible from Shore Drive, also, the expansion of the right-of-way for the bridge. They accommodated for that for that will not interfere with the project. I don't believe that an open space purchase is feasible and especially when the property has this project going forward to call him to defer it to have that looked into. I don't think it would be appropriate. I believe that the use and density is appropriate especially with the surrounding areas. I would be supportive of it and put that in a motion. Dorothy Wood: Thank you. Do I hear a second? Mr. Miller. Robert Miller: I need to abstain. My firm is working on the project. Dorothy Wood: There is a motion by Ms. Anderson and seconded by Ms. Katisas. Mr. Knight. Barry Knight: 1'd like to make one comment. I like to see developers in the City do things that they don't have to go with a maximum density to get a return on their investment. This is a classic case where I think the developer is going to add quality and still going to get a return on his investment. I just like to commend him on that. Dorothy Wood: It's a beautiful development. Are there any other comments? Item #9 The Terry Companies, LLc. Page 11 ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 10 NAY 0 ABS 1 ABSENT 0 AYE AYE AYE AYE AYE AYE ABS AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the application of The Terry Companies Five has been approved. Sheri Kattan 2325 Sea Shell Road #208 Virginia Beach, VA 23451 757/496-9039 November 9, 2004 Planning Commission Members c/o Ms. Faith Christie Planning Department 2405 Courthouse Drive Bldg. 2, Room 115 Virginia Beach, V A 23456 RE: November 10, 2004 Planning Commission Meeting The Terry Companies Five Proposal for the Duck Jnn Property \ Dear Planning Commission Members: I am writing as a 13-year citizen of Virginia Beach, and also as an individual dedicated to making our City a b~tter place to live. With a City so rich with natural resources, not to mention historic resources and landmarks, it is disturbing to so often see what appears to be a lack of importance placed on quality of life when it comes to our land use planning. Shore Drive, a once treasured escape from the development and population excesses of other parts of our City, has slowly deteriorated due to the unchecked bloom of high density condominiums on almost every inch of buildable space. To me, the announcement that the historic Duck Inn was going to be tom down for another 158 condos was the final blow. As you know, the Duck Inn is a historic landmark in our City. It has always been a wonderful gathering place for families, groups, singles, and others who enjoyed it's beautiful location, exceptional sunsets, and celebration of community. The Friday beach parties brought consistent dollars to local restaurants and other merchants. It was a perfect way for citizens to appreciate two of our most precious resources, the Chesapeake Bay and the Lynnhaven River, right where they join together! This location would have been a perfect opportunity for the City to encourage another similar business, City open space (which is deficient in this area based on information in the City's 2003 Comprehensive Plan) or other amenity that would allow all citizens (not just a wealthy few) to enjoy what still makes this City great. However, I understand that residential development is the fate for this property. With that in mind, I wanted to make a few comments on The Terry Peterson proposal. I feel these issues need to be thought out and analyzed further before approval of this proposal. 1. The Terry Peterson proposal states that a public easement will be maintained along the beach, but does not give specifics. If a public easement is indeed granted, where will the public park to access the beach? Stating that there will be a public easement alone does not provide for actual public access and use. These details should be worked out before approval of this proposal to make sure that citizens can still realistically enjoy this important public resource. 2. The Terry Peterson proposal states that the proposed development will result in decreased traffic flows from 1144 trips per day to 947 trips per day. I not only question the accuracy of this data, but think it does not provide enough variables to understand what the proposed change in use will actually do to traffic flows. For instance, the Duck Inn traffic is low during the day and peaks over several hours in the late afternoon/evening, whereas a condo community would have traffic peaking considerably at specific times in both the morning and evening. intersection really handle these peaks? Sheri Kattan letter November 9, 2004 Page 2 of 2 Can this already congested 3. The proposal states that the entire Shore Drive frontage for this development will need to be used for the proposed Lesner Bridge widening, yet City staff have commented that the plan is in compliance with the Shore Drive Corridor Design Guidelines. I do not believe these guidelines support a major bridge approach directly adjacent to a residential development, with no substantial vegetated buffer. 4. Staff state that stormwater management will be functional and attractive. I do not see any details of this represented or explained further in the proposal. I do see a statement that Pump Station 200 will need to be analyzed to see if it can support the additional input. What if it can't? Are upgrades to this Pump Station going to take precedent over the numerous, necessary upgrades to the woefully ineffective stormwater systems along many portions of Shore Drive that cause continual flooding and inappropriate discharges and erosion of our Bay beaches? I don't think the Commission needs to be reminded of the incredible backlog in capital improvements projects necessary properly manage and treat stormwater in this corridor. Inappropriately treated and managed stormwater is the documented worst contributor to impairment of Bay water quality and associated aquatic resources. I understand the lure of revenues from high density condominiums, but at what price are we paying for this? Shore Drive is already becoming overcrowded with the boom of condos over the last few years, not counting the 5 to 6 dense condo communities currently under construction in this corridor (from the Lesner Bridge to Great Neck Road). The City's 2003 Comprehensive Development Plan does not appear to account for the effect of this huge acceleration in development as its analysis is mostly based on data from 2001 and earlier. The plan does state that the Shore Drive corridor is NOT a strategic growth area, so why is the City planning for another 158 condos?! What was once a pleasant drive, is often a roadway filled with impatient, angry drivers, tired of the endless congestion and overcrowding. The citizens of the area have already spoken out clearly against the widening of Shore Drive, as it would destroy the character and balance that is currently present. However, this balance is continually being compromised by the lack appropriate analysis and planning in this corridor. To approve this proposal, the Commission would be ignoring the existing overcrowded conditions and inadequate infrastructure in the area, the wishes of the citizens, and the City's chance to take a different tack and break the cycle of overdeveloprnent and unwise land planning. This is especially relevant with the City's commitment to improving water quality in the Lynnhaven River and the Bay. This property will be viewed by all who boat on and enjoy these waters. Do we really want another high density condo community to represent our best effort on this important property? Please don't approve the conditional use permit for the Terry Companies Five proposal for 158 condos on the former Duck Inn site. If residential development is a must here, please work toward a change in zoning or modified proposal for a lower density, higher quality development. The site's location would offer a perfect opportunity to showcase a community (possibly with a larger public use component) with exceptional low impact development practices that preserve the surrounding environment as much as possible and reduce impervious surface at a location so close to our valuable Lynnhaven River and Bay waters, which are already suffering from our past actions. Thank you for your time in reading this letter. Please do what you can to support wise development of this critical property. Sincerely, I # I DATE 1 11/12/03 2 10/26/99 04/30/90 01/04/88 01/18/82 3 03/14/00 06/23/98 09/06/88 4 OS/24/94 08/10/93 10/23/89 09/14/87 09/30/85 5 03/11/03 03/07/00 09/26/99 09/06/88 04/25/88 Zoning Change: from R-10 to A-12 I REQUEST Change of Zoning (R-10 Residential District to Conditional A-24 Apartment District) Change of Zoning (R-10 Residential District & 0-1 Office District to Conditional B-2 Community Business District) Change of Zoning (R-10 Residential District to 0-1 Office District) Change of Zoning (R-5 Residential District to B-2 Community Business District) Change of Zoning (R-5 Residential District to A-1 Apartment District) Change of Zoning (0-1 Office District to Conditional B-1A limited Business District) Conditional Use Permit (nursing home) Change of Zoning (R-10 Residential District to 0-1 Office District Conditional Use Permit (elderly home) Conditional Use Permit (automobile service station) Conditional Use Permit (self storage) Change of Zoning (R-10 Residential District to B-2 Community Business District) Conditional Use Permit (fuel sales) Change of Zoning (R-5 Residential District to B-2 Community Business District) Conditional Use Permit (church) Conditional Use Permit (automobile service & fuel sales) Change of Zoning (R-10 Residential District to Conditional B-2 Community Business District) Change of Zoning (R-10 Residential District to A-1 Apartment District) Change of Zoning (R-10 Residential District to A-18 Apartment District) I ACTION Indefinitely Deferred Granted Granted Denied Granted Granted Granted Granted Granted Granted Denied Granted Granted Granted Granted Granted Granted Granted Withdrawn CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The Franciscus Company, Inc. - Change of Zoning District Classification MEETING DATE: December 7,2004 . Background: An Ordinance upon Application of The Franciscus Company, Inc. for a Chanqe of Zoninq District Classification from R-10 Residential District to Conditional A-12 Apartment District on property located on the south side of Wesleyan Drive, 544.5 feet west of Diamond Springs Road (GPINS 14683417750000; -29760000; -07450000). 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 4 - BA YSIDE . Considerations: The applicant is proposing to rezone this 7.72 acre site from R-10 Residential District to Conditional A-12 Apartment District in order to construct 79 dwelling units (10.2 dwelling units per acre). The multifamily structures will be attached two (2) story units with a mix of 2 story "townhouse" style dwellings and 2 story "single floor apartment" style dwellings (2 units in a 2 story building with 1 unit on the top floor and 1 unit on the bottom floor). The units will be sold and owned as condominiums. The submitted plan is reflective of the Comprehensive Plan's recommendation for this area, as the Plan calls for projects designed at densities complementary to adjacent properties. The proposed development also offers provisions to ensure that the guiding principles of the Comprehensive Plan are met. These provisions include: functional site design and building arrangement; use of quality building materials; density consistent with the adjacent residential developments; access controls for safe and efficient circulation; adequate landscaping and green space provided throughout; adequate screening and buffering against the abutting commercial use; and functional and attractive storm water management system designed as an aesthetic amenity. The adjacent zoning to the west is A-12 Apartment District and is developed with attached townhouses. The proposed development is compatible with surrounding uses and serves as a good transitional use to the town homes to the west and the drug store to the east, which is located at the commercial node at Diamond The Franciscus Company Page 2 of 2 Springs Road and Wesleyan Drive. The proffers dictate the site layout, building design, building materials and key landscape features. There was opposition to this request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Su bmitli ng DepartmentJ Agency: Planning Department ~~ City Manage~ lL~ ~ THE FRANCISCUS COMPANY Agenda Item # 1 November 10, 2004 Public Hearing Staff Planner: Carolyn A. K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Location and General Information Chanqe of Zoninq District Classification from R-10 Residential District to Conditional A-12 Apartment District. Property located on the south side of Wesleyan Drive, approximately 385 feet west of Diamond Springs Road. 14683417750000; 14683429760000; 14683407450000 4 - BAYSIDE 7.72 acres THE FRANCISCUSCOMPANY Agënda Item# 1 Page 1 EXISTING LAND USE: The majority of the property is currently undeveloped. There are two (2) existing single-family dwellings that are slated for removal, at the southwest corner of the property. The entire 7.72 acres is zoned R- 10 Residential District. Under the current R-10 zoning, the 7.72 acres could potentially be developed into 23 single-family lots. SURROUNDING North: LAND USE AND ZONING: South: East: West: . Wesleyan Drive, retail! R-10 Residential District . Herbert Moore Drive, townhouses ! A-12 Apartment District . Retail! B-2 Community Business District . Townhouses! A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEA TU RES: This property is located within the Chesapeake Bay watershed. The majority of the site is open field with an area of woods around the two single-family homes in the southwest corner of the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . Consistency with the recommendations of the Comprehensive Plan. . Compatibility with the surrounding zoning and existing uses. THE FRANCISCLJS COMPANY Agenda Item # 1 Page 2 . Quality of building design, materials and site layout. Summary of Proposal The applicant is proposing to rezone this site from R-10 Residential District to Conditional A-12 Apartment District in order to construct 79 dwelling units on this 7.72 acre site (10.2 dwelling units per acre). The multifamily structures will be attached two (2) story units with a mix of 2 story "townhouse" style dwellings and 2 story "single floor apartment" style dwellings (2 units in a 2 story building with 1 unit on the top floor and 1 unit on the bottom floor). The units will be sold and owned as condominiums. Comprehensive Plan The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 )). Should THE FRANCISCUS COMPANY Agenda Item # 1 Page 3 this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 PROFFER # 2 PROFFER # 3 PROFFER # 4 PROFFER # 5 When the Property is developed, the entrance, streets, trails, water feature, landscaping and fencing shall be substantially in accordance with the "Conceptual Layout Wesleyan Height Multi Family Housing," dated 10/6/04, prepared by WPL Engineers, Surveyors and Landscape Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). Vehicular Ingress and Egress shall be via one (1) curb cut from the existing access road shared with the Walgreens located east of the Property. When the Property is developed, there will be no more than seventy-nine (79) residential condominium units, each of which shall have a garage, within seventeen (17) buildings as depicted on the Concept Plan. When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the exhibits entitled, 'THE FRANSISCUS COMPANY INC. WESLEYAN HEIGHT 5 UNIT BUILDING ELEVATIONS" and "THE FRANSISCUS COMPANY INC. WESLEYAN HEIGHTS 4 UNIT BUILDING ELEVATIONS," dated October 6,2004, and prepared by Retnauer Design Associates, P .C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department ("Elevations"). When the Property is developed, the entrance sign/water feature designated on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled, 'WESLEYAN HEIGHTS ENTRANCE FEATURE," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Entrance Feature"). Staff Evaluation of The proffers are acceptable as they dictate the level of THE FRANCISCUS COMPANY Agenda Item # 1 Page 4 Proffers: quality of the project and provide predictability for the proposed development in terms of number of units, site layout and building materials, etc. Important landscape and design elements, such as the entry feature and interior tree plantings, are proffered as well. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated October 15, 2004, and found it to be legally sufficient and in acceptable legal form. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The plan is reflective of the Comprehensive Plan's recommendation for this area, as the Plan calls for projects designed at densities complementary to adjacent properties. The subject development offers the necessary provisions to ensure that the guiding principles of the Plan are met. These provisions include: functional site design and building arrangement; use of quality building materials; density consistent with the adjacent residential developments; access controls for safe and efficient circulation; adequate landscaping and green space provided throughout; adequate screening and buffering against the abutting commercial use; and functional and attractive storm water management system designed as an aesthetic amenity. (2) The adjacent zoning to the west is A-12 Apartment District and is developed with attached townhouses. The proposed development is compatible with surrounding uses and serves as a good transitional use to the town homes to the west and the drug store to the east, which is located at the commercial node at Diamond Springs Road and Wesleyan Drive. (3) The proffers dictate the site layout, building design, building materials and key landscape features. High quality vinyl and refined architectural accents contribute to the attractiveness of the final product. THE FRANCISCUS COMPANY Agenda Item # 1 Page 5 Staff, therefore, recommends approval of this request as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. THE FRANCISCUS COMPANY Agenda Item # 1 Page 6 Supplemental Information Zoning History J' Zoning Change: from R-10 to A-12 [! DATE I REQUEST 1 11/12/03 Change of Zoning (R-10 Residential District to Conditional A-24 Apartment District) 2 10/26/99 Change of Zoning (R-10 Residential District & 0-1 Office District to Conditional B-2 Community Business District) 04/30/90 Change of Zoning (R-10 Residential District to 0-1 Office District) 01/04/88 Change of Zoning (R-5 Residential District to B-2 Community Business District) I ACTION Indefinitely Deferred Granted Granted Denied THE FRANCISCUS COMPANY Agenda Item # 1 Page 7 01/18/82 Change of Zoning (R-5 Residential District to A-1 Granted Apartment District) 3 03/14/00 Change of Zoning (0-1 Office District to Conditional B- Granted 1 A Limited Business District) 06/23/98 Conditional Use Permit (nursing home) Granted 09/06/88 Change of Zoning (R-10 Residential District to 0-1 Granted Office District Conditional Use Permit (elderly home) Granted 4 OS/24/94 Conditional Use Permit (automobile service station) Granted 08/10/93 Conditional Use Permit (self storage) Denied 1 0/23/89 Change of Zoning (R-10 Residential District to B-2 Granted Community Business District) 09/14/87 Conditional Use Permit (fuel sales) Granted 09/30/85 Change of Zoning (R-5 Residential District to B-2 Granted Community Business District) 5 03/11/03 Conditional Use Permit (church) Granted 03/07/00 Conditional Use Permit (automobile service & fuel sales) Granted 09/26/99 Change of Zoning (R-10 Residential District to Granted Conditional B-2 Community Business District) 09/06/88 Change of Zoning (R-10 Residential District to A-1 Granted Apartment District) 04/25/88 Change of Zoning (R-10 Residential District to A-18 Withd rawn Apartment District) Public Agency Comments Public Works Master Transportation ~ Wesleyan Drive in the vicinity of this application is a four (4) lane divided urban arterial. It is designated on the MTP as a 100 foot wide right-of-way, divided facility. There are currently no plans to upgrade this facility. Should this development proceed, a right turn lane will be required with 150 foot length and a 150 foot taper. THE FRANCISCUS COMPANY Agenda Item # 1 Page 8 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use ¿ 15,500 14,800 - - 384 ADT Wesleyan Drive ADT1 22,800 ADT1 Proposed Land Use - 434 ADT , Average Dally Trips 2as defined by existing R-10 zoning with 34 single family dwellings 3 as defined by proposed A-12 zoning with 74 condominium units Public Utilities Water: There is a 24 inch water transmission main in Wesleyan Drive fronting the site. This site must connect to City water. A variance request must be submitted for a water tap to a City transmission main during final site plan review. This variance must be approved b the De artment of Public Utilities rior to final site Ian a roval. Sewer: There is an eight (8) inch sanitary sewer main on the opposite side of Wesleyan Drive. City sanitary sewer is available; however, a sanitary sewer and pump station analysis will be required. Construction plans and bonds will also be required. Public Schools School Current Capacity Generation 1 Change 2 Enrollment Williams Elementarv 676 545 10.4 3 Bavside Middle 1288 1282* 4.7 1 Bavside High 2076 1860 11.2 6 h ." generation represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). *Capacity includes a 20 classroom addition, currently under construction, to relieve current overcrowding. This addition will be completed in late fall of 2004. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime revention techni ues and Crime Prevention THE FRANCISGUS COMPANY Agenda Item # 1 Page 9 Fire and Rescue: Adequate - additional comments will be forthcoming durin final site plan review. THE FRANCISCl:JS COMPANY Agenda Item# 1 Page 1 0 Exhibit A Aerial of Site Location THE FRANCISCUS COMPANY Agenda Item # 1 Page 11 --.-........"-"""'" ,/ "...- /.-,. ! / \ / "-., / "-..--..! '" g '" .. ~ ! ~ <' ::: z ~ ~ ~ § " .... ¡.; " ...., :;; ;> = - '" "' '" ,... ž ¡.; c '.' ...~' ~ . - ~. . ~ ,. ' ,."...'" i , í SoRINGS ROp.O DIAMOND. ' , , \ ..," .,/ /....,..... /" ....."" ...,..' ,/' ,....' Exhibit B Proposed Site Plan .... '.. = ""'; ~. Z :: - "';:IJ) -::;:J :: .-. ';:;'..-l Co - ...- ~~ ü= - i'::. ..... ~ I ~ :::J - i'::. r:fj f- - - r.. 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'. 0./ LI ..: / / \ \! i--. , '""""":;" "'"":; --~ .;; ; ; ; . ~ - '"" """ ""-'"" . ..; . <----~-:'~~'...J..1:;:;..1 "1..)"""-,-, "-'. / ;C ~---= . ',"" "-,-,-, '. " / ~~ I,f. ; ~" "" ~~~ ------~ \~;~ "'I ~~~~ '.. \ V\\\ ¡.~\ \ ~> ~ \\ \\\ \ \ ì ',,~ - ..-\ \\ \ \ :;.----' ", , 3- \\\\ ~\ ~~\ .--;::::->\ ~'. ':::: -'---. "'. --""--- . ",,_. -- ~ THE S COMPANY FRANCISCLJ da Item# 1 Agen Page 13 Ii i ',I i ~~ ~= ~~ ". ~ . :; ~: ~ ~ Exhibit D - 1 Proposed Building Elevation - FRONT (5 UNIT BLDG.) § ~ d~ ~. ~t~ ....1::: THE FRANCISClJS COMPANY Agenda Iterri# 1 Page 14 ~I ~~ ~~ ~~ i~ I ~ " ~ '(' ~, 'i ~: ~ v ;¡ ? '" ~. :Jr, ¡ Exhibit D - 2 Proposed Building Elevation - FRONT (4 UNIT BLDG.) wÎJ\ i~ ~&\ ~:. s; «~ ~ :z: g < ~C> L.I.J:" %h g. 1.1..- THE FRANCISCUS COMPANY Agenda Item # 1 Page 15 ~ f Exhibit D - 3 Proposed Building Elevation - REAR (5 UNIT BLDG.) '.- $ " '^ ,:" ,..--,---""",..,.......-..- THE FRANCISCUS COMPANY Agenda Item # 1 Page 16 ~ Exhibit D - 4 Proposed Building Elevation - REAR (4 UNIT BLDG.) Ÿ' ., Q ~ ~ . " ) ~ , , ,II š ,...-. -----a I ¡:::: / ¡ ~o , -' I ~: I i~ ." ~ s: { :; THE FRANCISCUS COMPANY Agenda Item # 1 Page 17 ~ ?i ~ !; H î 9> ~ ,. ¥. ." % 0 ç:; , ;.c:~'b , I I . ¡ I §~ G g ~ ~~ ~~ h: ~~ "j¡ ì:' 8; $' ~ °:r ~. ~ ~.~ ~ ~" ~ õ~ ð g¿ Exhibit D - 5 Proposed Building Elevation - SIDES " .' ~ oJ :, ~ . " " ß .~ .... Þ ::I:. ~... --... ~- g THE FRANCISCUS COMPANY Agenda Item # 1 Page 18 Exhibit E - 1 Proposed Sign THE FRANCISCUS COMPANY Agenda Item # 1 Page 19 Exhibit E - 2 Proposed Site Fencing THE FRANCISCUS COMPANY Agenda Item # 1 Page 20 --i :r: m "T1 ~ Z () C/) »() cae: (DC/) :J Q.() 0)0 ""0;::;:::- O)(D:::::" ca3""O (D » N*l:Z ->.->.-< z C> ....... ð : , ~ ~ c;..:, ~ z C> .N ~ ~ C> ........ f--4 ........ ~ z C> ~ APPLICANT DISCLOSURE if tho Upp!;Ci,"t ", U corpofillìofl. pmlnorship. firm. busincss. Of othf'.r unincor xlmlcd organizatloQ. complete Ihe follOwing: 1. USliho apl>iicanl nmne followed by 1110 nHmos of nil officørs. memhúrs. If\IsIUIJ$. parlners. etc. below; (Affaclt /is/ if nuCt>ssmy) It19£!iu¡ç! ~J4!1!Uw.1}Y~1!I1;. !1Z.Q..\{l!!¡U15LI'2¡ iy~!9I!1¡.1dll!iJg....YtL~~ fJanKIL9.ill!!Lf!!!.ErQ!1l<1.!ill\.d2l1..ll.!LKYD!ill..!"xecutive Vìœ Pf1tsident: Gary,l", :tiornor. Vico Presidont; H, Lou ~ Vice P[osidonVTroasuror: Kelll R. ß"mh¡ut, ð~~J,1!1tYjçj)YJ.lhqìdo n I; !s~I¡Y.1'L2PÆ!~iU!!?J11!!m!!!J>.~ 2. LÍ$t all businesses that have a parenl-subsidiaty' or affiliated buSiness entity" rolatloMhip with the applicant (Attllch lis/If necessary) S!!!tAtt@Çh.'1f!J,!!1! 0 Check here if th£l applicant is NOT a cmporalion. partnership. firm. business. t)t othßr lUlincorporaled organization. PROPERTY OWNER DISCLOSURE Complo/e litis sec/ion only if woperty owner i5 <liffuronl from app/icalll. If Iho proporty owner is (I corpomtiOn, partnership, firm. business. or other unincorpomte<t orgonizution. complete 1110 folIOWÎ )g: 1. List the property owner name follow<.'( by the names of all officers. mumblHs, trustees. psl1n!'.rs. etc. b!'.low. (At/adl list i/ nocesslIlY) (>\OOt<. ",-"", l~L\> - Ow..,,; r""fo.....; ,L'2!J!1 G, W,lliurn2._Gen(lt,!!J'l!!lnor; 1,1i!!Y..M.~.W~!i<)J!1~>..GonQ!.\11ß'h't'1!!!;.Y.¡r.íli!1i.~'Jj Q.!!l!¿I!!ÍJ:!i..E!!.!ID~ 2. List nil businussos that have ,I panmt-subsidiary' or aflmate<t business cntity" flliationshil' with Iflo ~ (AlliIclt Us/ if necessary) i}""ür 0 Check lime if ttu: property owner is NOT a corporation. partnership. firm. busir1ùSS, or other unincorpon¡te<t organization. ' rq'<>"""" ,.."",,> f""y..".~, """'2"'" "",,..>tr"'9~ DISCLOSURE ST A ADDITtONAL DISCLOSURES Ust "Ii known contractors or businesses tMI have or wiil provide services with rosped to tho roqueslw proporly use, including but nollimitod 10 Iho providors of archll!'.clural sorvk:os. real cst ate services, fioancí¡l servicM. accounting services. and legal services: (Attach list if necessary) WQQ1I1Pl!.J.J...E'_vffl!.Y!.!I.YL<!!Lo1$~.!H!lßJJ!1Q co"jJilionalrezooin9 process amI pJ9Vid!þ'. "nnin eori!ill-Q.~!!!!yiwJQf.!!!9.I1!'9il!Çt , 'Parent-subsldiary relationship" means'a relationship that exists when one corpor¡)tÍOl1 directly or intlirecUy owns shares possessing nlOfO than 50 percent of the voting power of anoUler corporaIÍO11.' $eo Stole and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. Z 'Affilìatw bU1lil1ess entity relatÍOl1shlp- means 's relationship. other than pomnt.subsldlary retationship, that exists whon (i) one business entity has a oontrolling ownership Intorost in too other b"SÎI1f;SS el\lity, (ii) a controlling owner if) one enlny is also a cootrolling ownor in tho other cntity, or (m) there is shared management or control between tho business entilies, Factors that should bn considerw in determining the existence of sn aftillatod business enlíly relationship include thotlhe sarno person or substantially Iho same POISOO own Or nlan8ge the tvlO cntities; thoro aro common Or commingled funds or assets: tho business enlíties Shàre the use 011110 sarno offices or employees or otherwise share activities. resources or personnol on a ragulnr bt\sis; or thoro is olMrNiso a dose working relationship between the enlities .. See Slalf>. and tocal Gov",nment Conflict of InW!I>sts A(;I, Va Code § 22-3101. CERTIFICATION: I c~"tify thai the info{fm\tÎOrI contained herein is true and accuraW. I umjf)fsland that. upon fl}œìpl of notific.~liOI1 (poslcard) Ihat Iho application has boon scheduled for public hearjn\1. I am responsible for alltà;"in!) and posting me w{\uirod S~}11 on tho subject property (I.I'1"l1s130 days poor to !trn 5chodulrJd public hcaring ac<:(\'¡ ~ng '.9 thO)nstn!Gt oo,.fn this package . , . "/,' i.J',b("V . I . ~rJ//;[/ ,,/,A.fj..,,/ . /1 ! "':'~r"" >"........,;t,",..-7r~-' ...... ./"'r' "","",',' : : ,I'" /"'. "/ I'n"',.>"'" ow'...,,!, ï'""íf,w,;", .. , H, II. z C> ........ ~ '-' : , ~ c..::» ~ Z C> .N ~ ~ C> ....... F : Q Z Ç) c ") m >< ::r c/) C -. ~ -. C" PJ tn -. _O"'" (I) - 3 ~ ï1 (I) c: I ::::J -, -(1)-"" A TT ACHEMENT 2. List all businesses that have a parent-subsidiari or affiliated business entity2 relationship with the applicant: Builders Marketing Associates The Franciscus Company of Florida, Inc. Franciscus Financial Subsidiary Franciscus Mortgage, LLC Franciscus Services, LLC Franciscus Title, LLC Greensprings Development, LC Hillpoints Commons, LLC Hilton Heights, LLC Key Group 11, LLC Market Planners, Inc. Michaels Mews Associates River Pointe Associates, LLC River Pointe Associates II. LLC Taylor Road, LLC Tract 3, LLC Tract 7, LLC University Square Associates - Land University Square Associates II, Inc. Water Side. LLC Williamsburg Crossing, LLC ConditionaJ Rezoning Application Page 14 of 14 Revised 2/19/2004 Exhibit F - 2 Disclosure Statement 0 J I ~ U I I ~ ~ ~ ~ Z I I Z 0 N ~ =3 z 0 I I ~ I I Q Z 0 u THE FRANCISCUS COMPANY Agenda Item # 1 Page 22 11/10/2004 9:16 AM FROM: Fax TO: 426-5667 PAGE: 001 OF 002 5900 Buckminister Lane Virginia Beach, VA 23462 urgent facsimile To: Fax Number: VaBeach Planning Department 426-5667 From: Fax Number: Business Phone: Home Phone: Michele A. Galdun 757 -490-9572 Pages: Datej7ime: Subject: 2 11/10/20049:16:02 AM Support Franciscus Attn: CAROLYN SMITH Please give to Carolyn Smith Northwest Beach Supports. . . 1 page plus cover 11/10/2004 9:16 AM FROM: Fax TO: 426-5667 PAGE: 002 OF 002 26 Cypress Pointe HOA Amhurst Homes Civic Lea2ue Ara§ona Vdla§e Civic Lea2ue Crystal Point HOA Cypress Point Civic A,sex Gamond Lake Eslales Civic Lea2ue aamondSprinës/ (wdenwood Civic Lea2ue ~and Lake Civic lea2ue UIj (wdens Civic lea2ue Lake Cypress Civic lea2ue Lake Edward Area Civic lea~ue Lake Snith Terrace, Hay§ood Poot a <iovernor Square Civic lea2ue Lake Srrith Civic Lea~ue lakeview Park Civic lea2ue Lawson forest Civic lea2ue Lynbrook 1 andin§ Civic Lea2ue Newsome farms Civic Lea2ue Traditions at Cypress Point HOA Wesleyan Chase Civic Lea~ue Wesleyan Forest Civic Lea2ue Wesleyan Pines Campus East L-- Community Assoc Witchduck Lake Condo Asloc Northwest Beach Partnership Board Members: P.J Padrick -President Bruce WeUer - l"t Vice President. Dave Tirado - 2rd Vice President, Kale Warren - T realurer, Mchele A. ~Idun - Secretary Email: northwestbeachpartners@verizon.nel November 10, 2004 Re: Item 1 -- Planning Commission Agenda, November 10, 2004 Application of The Franciscus Company, Inc. Change of Zoning District Classification Dear Chairperson Wood and Planning Commission Members: The Northwest Beach Partnership (NWBP) has voted to support the project proposed by The Franciscus Company, Inc. The developer notified us of the plans in August 2004 and took the time to meet with the Partnership as a group, as well as with several of our member leagues individually, over the ensuing three months. They encouraged and maintained a dialogue with us concerning this project and sought our input in their design. The final plan represents an attractive, high quality condominium community with internal open space and a gazebo for the enjoyment of residents. It also includes generous landscape buffers, an attractive entrance feature, and a comfortable setback from Wesleyan Drive. This developer even gave us an opportunity to suggest a name for the community. We felt "Williams Cove" would be fitting because the land currently belongs to the Williams family and they are held in high regard by our residents. No matter what name is finally selected, our members are convinced that this project will be a welcome asset to our area. Respectfully, Northwest Beach Partnership Board 757-490-9572 northwestbeachpartners@verizon.net Item #1 The Franciscus Company, Inc. Change of Zoning District Classification South side of Wesleyan Drive District 4 Bayside November 10, 2004 REGULAR Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I want to remind everyone that we need to adhere to the rules and procedures that were explained to you at the start of the meeting. Please be aware of what other speakers before you have said. We must insist that redundancy is limited. Please do not be offended if I stop the presentation from being repetitive. I certainly do not want to limit anyone's rights, however, we have to cover a lot of information in a short period of time and we must stick to the procedures. Thank you. Mr. Strange: Joseph Strange: The first item on the agenda is Item #1, The Franciscus Company, Inc. An Ordinance upon Application of The Franciscus Company, Inc. for a Change a Change of Zoning District Classification from R-10 Residential District to Conditional A-12 Apartment District on property located on the south side of Wesleyan Drive, 544.5 feet west of Diamond Springs Road, District 4, Bayside. Eddie Bourdon: Thank you Madame Chair. For the record, Eddie Bourdon, a Virginia Beach attorney and it is my privilege to come before the Commission this afternoon representing The Franciscus Company. Mr. Frank Spadea and John Kupfer are both in attendance today. I don't intend on using anywhere my ten minutes and I will apply it to one of the other applications at the end of the agenda. Dorothy Wood: No sir. Eddie Bourdon: I can't do that huh. I know this application was on your consent agenda and I gather there must be someone signed up in opposition. Let me just reiterate that your staff has recommended approval of this application. It is one that is consistent with the Comprehensive Plan. It is a very high end, high quality transitional development between the commercial node at the corner of Wesleyan Drive and Diamond Springs Road in the high-density townhouse, fee simple community of Campus East that surrounds us to our west and to our south. My clients have spent considerable amount of time and you have a letter from the Northwest Beach Partnership meeting both with the partnership hierarchy as well as with the individual civic leagues in the area and have been very positively received. We have a letter of support. They are very enthused and happy about what we are proposing. You have a copy of that. The proposed 79 condominium unit residential community to be known as Williams Cove, as suggested by the surrounding community, is one that will be economic and in every other way a positive development in this area. We agreed to maintain the treed buffer that is Item #1 The Franciscus Company, Inc. Page 2 adjoining the town home community to our south and to our west with one entrance from Wesleyan Drive, which is shared with the existing Walgreens. It has very beautiful elevations with units that will be priced between basically $250-$300 thousand dollars per unit. Because it was on the consent agenda I'll just wait and ask for the opportunity to rebut the opposition and answer any questions that you may have. Dorothy Wood: Thank you Mr. Bourdon. Eddie Bourdon: Thank you. Joseph Strange: Speaking in support ofthe application is Ashley McLeod. Ashley McLeod: In the nick of time. Dorothy Wood: You certainly are. Ashley McLeod: Thank you so much. I appreciate you letting me speak quickly today. I'm here in support. I represent Campus East Community Association. We've come before to talk about this space being used. Ed Weeden: Ma'am, please state your name for the record. ~ Ashley McLeod: Ashley McLeod. Thank you. We've come before concerning this use. We had concerns about overcrowding. You heard me talk about traffic. I'm going to say schools. I'm going to say recreation and all those wonderful things. But, I was trying to think of a fun way to kind of entertain you today as I came up and said how about this? How many of you have brothers and sisters when you were growing up? Now those who have brothers and sisters, I didn't' have any brothers and sisters, but I had cousins. We were forced into the back seat of grandma's station wagon on vacations. And, so we had this 12-hour trip to see the other grandmother in Florida and of course, we're all in the backseat, and we were all elbow-to-elbow. We were all crammed in. For the first few hours we were fine. Mom didn't have any trouble with us. After 4 or 5 hours, our elbows got into each other's way and of course, Tina crossed my line. You know those cousins they cross over the line and they get in the way and they start pestering. Well, that is how we're feeling in the Northwest Beach Partnership area. That is how we're feeling in Campus East. That is how Lake Edward is feeling. Weare all sardines being stuffed into a can and development continues to happen. And, so I came today to let them know that we're happy with Franciscus. They're going to do a wonderful project. Thinking of what could go there, of course, we would want it to be a beautiful park but they're going to put in some beautiful condominiums. But just remember us and think of us as sardines as you continue to approve other development in that area and to let you know that we're watching and we know we can work together that we don't want to be overcrowded. Are we there yet? Or are we going to stop doing all the developing in our area. We can make sure that are schools are not overcrowded. The traffic isn't a Item #1 The Franciscus Company, Inc. Page 3 problem. Businesses want to move into our area. We have lots of vacancies. So thank you so much for your time. I ran into the door and I appreciate that very much. Dorothy Wood: Thank you for coming. We certainly appreciate your concern on your neighborhood. Ashley McLeod: Thank you. Dorothy Wood: We need more like you Ashley. Thank you. Ashley McLeod: Yes we do. I need to share some of this. Thank you. Joseph Strange: Okay. Speaking in opposition is Veronica Bowles. Dorothy Wood: Welcome Ms. Bowles. Glad to have you with us. Veronica Bowles: Thank you for the opportunity. Dear sirs and madams. My husband and I want to thank you for this opportunity to speak to you. Edward Weeden: Ma' am, could you please identify your self please. L- Veronica Bowles: I'm sony. I'm Veronica Bowles. My husband is Dennis Bowles. About rezoning the property that is across the street from our home. We have lived there approximately nine months. We have enjoyed our new home immensely except for the one night when we were a wakened by gunshots. The guns shots seemed so clear and so close as if someone was in our driveway. We were afraid for ourselves and as well as for our three children who were asleep in their bedrooms. The next morning while watching the news we found out that those shots were results of altercations that had happened in the townhouses located in Campus East, which are across the median from our house. This is one of the main reasons why we are asking that you do not grant the rezoning request. We feel this type of violence will increase because of the amount of people that are squeezed on such a small parcel of land. There have been many other reports of gun- shots heard near those townhouses in recent history. More townhouses will result in more people, which will result in more crime, violence and congestion. With the proposal, the Wesleyan Drive area will become more congested and decrease the pleasant atmosphere of our neighborhood. We moved to this neighborhood to provide our children an opportunity to live in a great community and to have a safe place to live and play. Another reason to reject the proposal is the negative affect it will have on our property value. If the property value goes down, our hard work to buy our first house will be in vain. We worked awfully hard to find a home, buy a home and achieve the American dream of home ownership and we don't want that dream to slip away. Now let's consider the effects of over population. The school zone in which this proposal is to take place is already overcrowded. There are many plans in place to try and relieve the existing overcrowding, more students, will result and more overcrowding and poor education. We thank you for taking the time to listen to all of our concerns. Please vote Item #1 The Franciscus Company, Inc. Page 4 "no" to rezone from Residential District to Apartment District in our neighborhood. Your consideration in this matter is greatly appreciated. Dorothy Wood: Could you show us your home? The pointer is right there ma'am. Veronica Bowles: We live on the corner of Wesleyan Drive and Virginia Tech Trail. Dorothy Wood: That's alright. Veronica Bowles: The corner of Virginia Tech Trail and Wesleyan Drive. Dorothy Wood: Right there? They're lovely homes in there. I'm sure you have a wonderful home. Thank you for coming down. Veronica Bowles: Thank you for your time. Dorothy Wood: That is all the speakers Mr. Bourdon. Eddie Bourdon: I'd like to thank Ashley McLeod and also Mrs. Bowles for taking the time to come down this afternoon. Obviously, we have met with the civic leagues in the area and have discussed this application. This is not a rental project. This is a fee simple ownership condominium proposal with units that are and you can clearly see far more valuable units or nicer units. That is not to put a negative on Campus East but this area in order to bring it up, the investment of people like Mr. Spadea and the Dragas application, which you all are familiar with, these are community based developers who have been here for as long as any of us have been here, who recognize that this is an area that is a great opportunity, an opportunity to increase the housing opportunities for everyone but in a way that brings it up rather than drags it down. And, that is what this application does. It involves a very high end, very nice community. A little bit of a gamble or a risk, if you will, but we believe it will absolutely work. Those civic league representatives have looked at the plan and we've gone to the individual civic leagues, including some of the higher end neighborhoods in this area and all have agreed that this is a very positive development. Hopefully, it will be a stimulus for some reinvestment of the owners in Campus East and some of those town home units, including a large number of them that are rental units. That is what we hope is what we will be stimulating. I think the community hopes it will be stimulated by the investment that this project represents at a density that is about 10 units per acre, which is less than the density of the properties that are developed that surround us in Campus East. We don't believe that given the high quality and most importantly, the fact that is a condominium that everyone will be maintaining through the management or the Association as opposed to the fee simple town home lots in Campus East that you will not have a situation that exists with regard to Lake Edward and to some degree Campus East. '-- Dorothy Wood: Thank you Mr. Bourdon. Item #1 The Franciscus Company, Inc. Page 5 Eddie Bourdon: Thank you. Dorothy Wood: Are there any questions for Mr. Bourdon? Ms. Katsias? Kathy Katsias: The starting price point Eddie? I missed it. Eddie Bourdon: $225 would be the lowest starting price point. We expect that the average would be somewhere between $250-$300 hundred thousand per unit. Kathy Katsias: Thank you. Eddie Bourdon: Each unit has a separate entrance and a garage. Dorothy Wood: Thank you Mr. Bourdon. Are there any other questions? Comments? Mr. Ripley, you wanted to make a comment earlier? Ronald Ripley: I'll make a comment. This application was before us a little while back and it was in the fonn of an apartment community. It was a nice community but the neighborhood and the applicant got together and apparently the applicant decided not to bring it forward. I could imagine that the neighborhood put some pressure on them. The neighborhood has spoken and they support the application. This is good. This community group is a very strong group. They are very concerned as you saw. It's a . piece of property that the staffis correct. It's pattern in density here. You have a multi- family around it and it just doesn't make sense to develop it as R-IO and it doesn't make sense, probably for retail either. In the area of retail there are a lot of vacancies in the shopping center across the street. It's a beautiful shopping center and yet it is struggling. There is retail down the street on Baker Road and on Newtown Road to the south it is also struggling. To think in the tenns of this being more retail adjacent to Walgreens probably doesn't make sense too. So, we felt that it was a good application. It's a quality application. It's a quality developer. We don't really get quality development there and the attention to detail has been defined. It's appropriate. So, when you're ready, I'd like to make a motion. Dorothy Wood: Is that in the fonn of a motion sir? Ronald Ripley: I motion to approve the application. Dorothy Wood: Do I hear a second? Eugene Crabtree: Second. Dorothy Wood: A motion by Ron Ripley and a second by Mr. Crabtree. Are there any other comments? c=::::... AYE 11 NAY 0 ABSO ABSENT 0 Item # 1 The Franciscus Company, Inc. Page 6 ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of The Franciscus Company. Dorothy Wood: Thank you for coming down Mrs. Bowles. I'm sure that Mr. Bourdon can talk to you between now and Council. Thank you so much ma'am. c::=... CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5954 DATE: November 15,2004 FROM: Leslie L. Lilley William M. Macali ¡jJl DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application The Franciscus Company, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 7, 2004. I have reviewed the subject proffer agreement, dated October 15, 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 ê'c:' K:athleenH~~~ THE FRANCISCUS COMPANY, INC., a Virginia corporation MOORE FARM, L.L.L.P., a Virginia limited liability limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of October, 2004, by and between THE FRANCISCUS COMPANY, INC., a Virginia corporation, party of the first part, Grantor; MOORE FARM, L.L.L.P., a Virginia limited liability limited partnership, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of three (3) contiguous parcels of property located in the Bayside District of the City of Virginia Beach, containing a total of approximately 7.7 acres as more particularly described as Parcels 1, 2 and 3, in Exhibit "A" attached hereto and incorporated herein by reference, which parcels are referred to herein as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property 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 R-10 Residential District to Conditional A-12 Apartment District; and WHEREAS, the Grantee's policy is to provide only development of land for various purposes through zoning development legislation; and for the orderly and other land GPIN: 1468-34-1775 PREPARED BY: 1468-34-2976 ~ SYIŒS. ROURDON. 1468-34-0745 51 AHrnN & UV\'. P.C 1 WHEREAS, the Grantor acknowledges that 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 goveming 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 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-12 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 goveming 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 govem the physical development, operation, and use of the Property and hereby covenants and agrees 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: PREPARED BY: 1. When the Property is developed, it shall be substantially in accordance with the "Conceptual Layout Wesleyan Heights Multi Family Housing", dated 10/6/04, prepared by WPL Engineers, Surveyors and Landscape Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). ;0 SYK£S. ROURDON. I'll AllrnN & lM. P.C 2 2. Vehicular Ingress and Egress shall be via one (1) curb cut from the existing access road shared with the Walgreens located east of the Property. 3. When the Property is developed, there will be no more than seventy- nine (79) residential condominium units, each of which shall have a garage, within seventeen (17) buildings as depicted on the Concept Plan. 4. When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the exhibits entitled "THE FRANCISCUS COMPANY INC. WESLEYAN HEIGHTS 5 UNIT BUILDING ELEVATIONS" and THE FRANCISCUS COMPANY INC. WESLEYAN HEIGHTS 4 UNIT BUILDING ELEVATIONS", dated October 6, 2004, and prepared by Retnauer Design Associates, P.C., which have been exhibited to the Virginia Beach City Council and are on me with the Virginia Beach Planning Department ("Elevations") . 5. When the Property is developed, the entrance sign/water feature designated on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "WESLEYAN HEIGHTS ENTRANCE FEATURE" which has PREPARED BY, been exhibited to the Virginia Beach City Council and are on me with the Virginia Beach Planning Department ("Entrance Feature"). 6. 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 !mD SYIŒS. ROURDON. m AHrRN & IfVY, P.c 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 3 [ , . PREPARED BY: n:a SYIŒS. ROURDON. m AlIffi¡"¡ & LM. P.c 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 goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or 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. 4 , ' PREPARED BY: lID] SYIŒS. ROURDON. - AHŒN & 1M. P.L WITNESS the following signature and seal: GRANTOR: The Franciscus Company, Inc., a Virginia corporation (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 21 st day of October, 2004, by John B. Kupfer, Vice President of The Franciscus Company, Inc., a Virginia corporation, Grantor. ~yÞi-- !)(. yY7¿(~M Notary Public My Commission Expires: August 31, 2006 5 WITNESS the following signatures and seals: GRANTOR: Moore Farm LLLP, a Virginia limited liability limited partnership By: Jo n G. Williams, General Partner By: 7J(~ /h, -éd'/h~7.J (SEAL) Mary . Williams, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this .?òtz. day of October, 2004, by John G. Williams and Mary M. Williams, General Partners of Moore Farm LLLP, a Virginia limited liabili limited partnership, Grantor. My Commission Expires: 2-¿g-o( 6 1-608772.1 10/20/2004 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as "Parcel W-2-A" as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PARCELS W-1 AND W-2, SUBDIVISION OF PROPERTY OF JOHN G. & MARY M. WILLIAMS M.B. 207, P. 54 FOR RAD DIAMOND SPRINGS ASSOCIATES, LLC, MARCH 6th, 2000", prepared by The TAF Group and recorded in Map Book 285 at Page 45 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. TOGETHER WITH AND SUBJECT TO all easements, appurtenances, rights and obligations set forth in that certain Declaration and Agreement of Easements, Covenants, Conditions and Restrictions dated April 5, 2000, and recorded in the Clerk's Office in Deed Book 4225, at Page 1614. GPIN: 1468-34-2976 PARCEL 2: ALL THAT certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as "A" on that certain plat entitled, "SUBDIVISION OF PROPERTY OF H.C. MOORE, JR., BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated June 17, 1971, prepared by Baldwin and Gregg, Engineers-Surveyors-Planners and recorded in Map Book 87, at Page 27, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. GPIN: 1468-34-0745 PARCEL 3: ALL THAT certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as "B" on that certain plat entitled, "SUBDIVISION OF PROPERTY OF H.C. MOORE, JR., BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated June 17, 1971, prepared by Baldwin and Gregg, Engineers-Surveyors-Planners and recorded in Map Book 87, at Page 27, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. PREPARED BY: GPIN: 1468-34-1775 II SYIŒS. I!OURDON. AlIillN & LM. P.C CONDlTIONALREZONE/FRANCISCUSCOMPANY /WESLEYANHEIGHTS/PROFFER 7 My commission expires: Notary Public ,1)/& I,;} DO~ of the Circuit Court of the City ofVirgmia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: SALTMEADOW BAY' LLC ~~¿t~/ ~ )c¥~f Michael J. Barrett STATE OF VIRGINJi\, . CITY OF -Í/\A~. ~ ; to-wit: I, --11611 t~ ~ni\ ~I\ . a Notary Public in and for the City and State aforesaid, do hereby certify that Andrew S. Fine. whose name is signed to the foregoing instrument dated the 2nd day of November, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 15th day of November, 2002. ~H~ ~~ ~1IlA,~ Notary Public My commission expires: 5"'1'31 tJ.DOS- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~fì"iM ~n~ ~ n , a Notary Public in and for the City and State aforesaid, do hereby certify that Michael J. Barrett whose name is signed to the foregoing instrument dated the 2nd day of November, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 15th day of November, 2002. ~.1~ ~~ ~~~~ 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 such 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. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunctio~ 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 pennits 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title. 1. The project shall be developed substantIally as shown on the Exhibit for Conditional Rezoning dated 11113/02 entitled Conceptual Site Layout and Landscape Plan of Condos @ Saltmeadow Bay prepared by MSA, P.C. which has been exhibIted to the City of Virginia Beach City Council and is on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 1.46 acres of open space. 2. The project shall not exceed the 17 units with a density of 4.81 units per acre. 3. The height of the homes shall not exceed 35 feet. 4. The exterior design, material, and colors of the single family sha1l adhere to the elevations shown on the exhibit dated 11-12-02 and entitled "Saltmeadow Bay Condos Barberton & South Oriole Drive, Virginia Beach, " prepared by Dimensional Designs, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent SaItmeadow Bay Apartment project 5. The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance with accepted sound reduction construction practices. 6. 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 WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City ofVirgima Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-12 with a PD-H2 overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofIand for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different 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 Grantor's proposed rezoning, 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 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 with respect to the Property, 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, their 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 makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that This Doeument Prepared by: Fine, Fine, Legum & Fine, P.A. THIS AGREEMENT made this 15th day of November, 2002, by and between SAL TMEADOW BAY. LLC4 Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH. a mUnIcipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. W!TNE S SETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: All those certain lots, pieces or parcels of land located in the City of Virginia Beach, Virginia being, mown, numb~ and designated on a certain plat entitled "Bean Garden located near Virginia Beach, Virginia in Princess Anne County" dated June 12, 1944 said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 16, PG 53, and being more specifically described as follows: Block 7, Lots 8,10,12, 13, 14-22, Plat of Bean Garden Block 6, Lots 2-5, Plat of Bean Garden Portion ofOaldand Avenue to be closed, title to which shall vest in Salt Meadow Bay L.L.C., said property hereinafter referred to as the "Property"; and GPINI ACCT. NOS. 2418 70 3172, 2417 79 4950, 2418 70 4320 FOR"" NO P S 1e City of Virgi:r1..ia Beach. INTER-OffICE CORRESPONVEWCE In Reply Refer To Our Flle No. DF-5674 DATE: February 26,2003 FROM: Leslie L. Lilley B. Kay WiISO~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application Saltmeadow Bay, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 2003. I have reviewed the subject proffer agreement, dated November 15,2002, and have determined it to be legally sufficient and in proper legal fonn. A copy of the agreement is attached. Please feel tree to call me if you have any questions or wish to discuss this matter further. BKW Enclosure SECTION N 3. A certIfied copy of this OrdInance shall be filed in the Clerk's Office of the CircUIt Court of the CIty of Virgmia Beach, VirgmIa, and indexed m the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the CouncIl of the CIty of VirginIa Beach, V lrglma, on this 11 th day of March , 2003. CA-8655 DateFebruary 24. 2003 C \WINN1\Temp\ca8655 on! wpd APPROVED AS TO CONTENT. ~- t.~t 3-03 PI epartment APPROVED AS TO LEGAL SUFFICIENCY ~ ~ l:.fZ ~ 3 SECTION II The following conditions must be met on or before March 10, 2004: 1. The City Attorney's Office will make the final detenmnatIon regarding ownership of the underlying fee. The purchase pnce to be paid to the CIty shall be detennmed according to the "Policy Regarding Purchase of CIty'S Interest in Streets Pursuant to Street Closures," approved by City CounCIl. CopIes of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lInes to incorporate the closed area into the adjoIning parcels. The resubdlvision plat shall be submitted and approved for recordation pnor to final street closure approval. 3. The applicant shall verify that no private utIlities exist within the right-of-way proposed for closure. Preliminary comments from the utilIty companies indicate that there are no private utilItIes within the right-of-way proposed for closure. If private utilities do exIst, the applIcant shall proVIde easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon complIance with the above stated conditions withIn 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved WIthin one year ofthe City Council vote to close the roadway, tlus approval will be consIdered null and voId. SECTION III 1. If the precedmg conditions are not fulfilled on or before March 10,2004, thIS Ordinance wIll be deemed null and void without further action by the City Council. 2. Ifall condItions are met on or before March 10,2004, the date of final closure is the date the street closure ordinance IS recorded by the CIty Attorney. 2 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF TIIAT CERTAIN STREET KNOWN AS OAKLAND AVENUE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (MB 16, PG 53) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA". WHEREAS, on March 11,2003, SALTMEADOWBA Y, LLC applied to the Council of the City of VirgInia Beach, Virginia, to have the hereinafter descnbed street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions haVIng been met on or before March 10,2004; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter descnbed street be discontinued, closed and vacated, subject to certain conditions being met on or before March 10, 2004: All that certain pIece or parcel of land sItuate, lying and beIng In the City of Virginia Beach, Vlrgnna, designated and described as "PORTION OF OAKLAND AVENUE TO BE CLOSED AREA = 12,552 SF OR 0.288 ACRES" shown as the cross-hatched area on that certain plat entItled: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF WAY (MB 16, PG 53) NOVEMBER 12,2002, VIRGINIA BEACH, VIRGINIA" Scale: 1"= 60', dated November 12, 2002, prepared by MSA, P.C., a copy of WhICh is attached hereto as ExhIbIt A. GPIN: 2417-79-4950,2418-70-3172 and 2417-79-5978 - 43- Item V-J.2. PLANNING ITEM # 50904 (Continued) ORDINANCE UPON APPliCATION OF SALT MEADOW BAY, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R - 7 5 RESIDENTIAL DISTRiCT TO CONDITIONAL A-12 APARTMENT DISTRICT WITH A PD-H2 OVERLAYZO3032135 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OrdInance upon Applzcatzon of Salt Meadow Bay, L L C for a Chanf!e of Zonzn~ Dlstnct Classzficatzon from R-75 Reszdentlal Dzstrlct to CondItIOnal A-12 Apartment Dlstrlct wIth a PD-H2 Overlay on the south sIde of South Onole Drlve, beginnIng at a pomt 320 feet west of Barberton Drlve(GPIN2418703172, 2417794950, 2418704320, andproposedclosed portIOn of Oakland Avenue} The proposedzonmg to CondltlonalA-12 wIth a PD-H2 Overlay zsfor reszdentzalland use at a densIty not to exceed 12 dwellIng UnIts per acre The Comprehenszve Plan recommends use of thzs parcel for resldentzalland use at or below 3 5 dwellmg UnIts per acre Parcel contazns 3 53 acres, more or less DISTRICT 6 - BEACH The followIng condItIOn shall be requzred 1 An Agreement encompasszng proffers shall be recorded wIth the Clerk of CIrcuIt Court ThlS Ordmance shall be effectIve m accordance wIth SectIOn 107 (j) of the ZonIng OrdInance Adopted by the Councllofthe Czty ofVzrgznza Beach, Vzrgmla, on the Eleventh of March, Two Thousand Three VotIng 11-0 (By Consent) Counczl Members VotIng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor Lows R Jones, Reba S McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf Jzm Reeve, Peter W SchmIdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood CouncIl Members VotIng Nay None Counczl Members Absent None March 11,2003 Gpin See Application œ DATE I REQUEST 1 07/09/03 Street Closure 2 03/11/03 Change of Zoning (R-7.5 Residential District to A- 12 Apartment District with a PD-H2 Overlay) Street Closure 3 01/22/02 Conditional Rezoning (R-7.5 Residential District to A-36 Apartment District) Street Closure Conditional Rezoning (R-7.5 Residential District to A-36 Apartment District) Street Closures 4 06/26/01 Street Closure 5 03/14/88 Conditional Use Permit (gas station) I ACTION Granted Granted Granted Granted Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Saltmeadow Bay, LLC. - Modification of land Use Plan MEETING DATE: December 7,2004 . Background: An Ordinance upon Application of Saltmeadow Bay, LLC. for a Modification to the Land Use Plan approved by City Council on March 11, 2003. Property is located at the western extremity of Oakland Avenue (GPIN 24187031540000). The Comprehensive Plan identifies this area as being the Oceanfront Resort Area. DISTRICT 6 - BEACH . Considerations: On March 11, 2003, the Virginia Beach City Council approved a rezoning of this site to a PD-H2 Planned Development for the construction of 17 single-family dwelling units. Under the approved PD-H2 Land Use Plan, the rear yard setback for the principal structure, decks, etc. was 20 feet. The applicant is proposing to modify that requirement to permit certain encroachments. The existing Land Use Plan will remain in effect with the exception of the provision for rear yard setbacks. The proposed modification will permit stairs, decks and patios to have a rear yard setback of 8.5 feet. In addition, second floor "popouts" and decks will also be permitted within the rear yard setback as specified in the modified Land Use Plan. All elements of the existing land Use Plan will remain unchanged other than the following: Rear yard setbacks for all units will be 20 feet except that stairs. decks. and patios will have a minimum rear vard setback of 8.5 feet. Second floor cantilevered house popouts (not to exceed 24 inches) and second floor cantilevered decks (not to exceed 32 inches) are permitted in the rear vard setback. The Planning Commission placed this item on the consent agenda because it is a modification to an existing land use plan that will not result in an increase in intensity or density of the development, Staff recommended approval, and there was no opposition. . Recommendations: Saltmeadow Bay, L.L.C. Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. , Su bm illi ng Department! Agency: Planning Departmen'- City Manager: ~ k- , Óf! ~ SAL TMEADOW BAY, L.L.C. Agenda Item # 5 November 10. 2004 Public Hearing Staff Planner: Carolyn AK. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Location and General Information Modification of Land Use Plan placed on a Conditional Rezoning of property zoned Conditional A-12 with a PD-H2 Overly, approved by City Council on March 11,2003. Property located at western extremity of Oakland Avenue. 24187031540000 5-LYNNHAVEN 3.409 acres SALTMEADOW BAY, LLC. Agenda Item # 5 Page 1 EXISTING LAND USE: The property is currently under construction to development a 17 unit single family subdivision with a condominium form of ownership. West: . Oriole Drive . Single-family dwellings / R-7.5 Residential District . Apartments / A-24 Apartment District . South Barberton Street . Single-family dwellings / R-7.5 Residential District . Apartments / A-24 Apartment District SURROUNDING North: LAND USE AND ZONING: South: East: NATURAL RESOURCE AND CULTURAL FEA TU RES: This property is within the Chesapeake Bay watershed. There are no significant environmental features on this site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn and within the Accident Potential Zone II surrounding NAS Oceana. In these areas, . residential land use is typically inadvisable; however, when City Council rezoned the property in 2003, the 3.53 acres were currently zoned R- 7.5 Residential District and had 17 legally platted, recorded lots on it. The Navy was not opposed to this request in light of the existing zoning and the fact that the number of dwelling units did not increase with that proposal. Summary of Proposa On March 11, 2003, the Virginia Beach City Council approved a rezoning of this site to a PD-H2 Planned Development for the construction of 17 single-family dwelling units. Under the approved PD-H2 Land Use Plan, the rear yard setback for the principal structure, decks, etc. was 20 feet. The applicant is proposing to modify that requirement to permit certain encroachments. The existing Land Use Plan will remain in effect with the exception of the provision for rear yard setbacks. The proposed modification will permit stairs, decks and patios to have a rear yard setback of 8.5 feet. In addition, second floor "popouts" and decks will also be permitted within the rear yard SALTMEADOW BAY, LLC. Agenda Item.#5 Page 2 setback as specified in the modified Land Use Plan. All elements of the existing Land Use Plan will remain unchanged other than the proposed changes underlined in the "Setback" section below: LAND USE PLAN In accordance with the requirements of the PD-H2 Planned Development District, the applicant submits the following Land Use Plan that will govern the development of this project. The provisions below, where they conflict with the requirements of the City of Virginia Beach Zoning Ordinance for the underlying zoning of the district (A-12), will supersede the requirements of the ordinance (Section 1124). Building Description . Exteriors shall be painted cement fiberboard with at least five main exterior colors. . The units will be on crawl space foundations with any exposed portion of the foundation to brick, stone or parged. . Soffits will be exposed painted wood. . All exterior trim around windows, porches and soffits will be a shade of white or a similar neutral color. . Porches will be a minimum of 4' x 10' with white railings. Optional features on the porches will include false shutters and porch doors. The rear courtyard patios will be bounded with white fencing. . Garages will be one or two car and built with some side loading garages. The garage doors will be the new craftsman/cottage style. . Square footage will range from 1,900 to 2,500 square feet with a minimum of three (3) bedrooms and two (2) bathrooms. Building Height . The maximum building height will be thirty-five (35) feet. Lot Coverage . Maximum lot coverage shall not exceed forty (40) percent. Setbacks . Setbacks to be measured from a property line or a private street (face of curb). . Along South Oriole Drive - the setback will be thirty (30) feet from right-ot-way. SALTMEADOW BAY, LLC. Agenda Item # 5 Page 3 . No unit will be closer than 100' from Barberton Drive. . Rear yard setbacks for all units will be 20 feet except that stairs. decks, and patios will have a minimum rear yard setback of 8.5 feet. Second floor cantilevered house popouts (not to exceed 24 inches) and second floor cantilevered decks (not to exceed 32 inches) are permitted in the rear yard setback. . The minimum distance between dwelling units will be fifteen (15) feet. The eaves and porches will be no closer than 12.5 feet. . Side yard setback, other than noted above, will be twenty (20) feet. . Front yard setback will be twenty (20) feet. . Mechanical equipment (HVAC) will not be located between dwelling units. . Chimneys (unless flush with the façade) will not be located between dwelling units. Drive Aisle and Parking . The main drive aisle will be twenty four (24) feet asphalt with stamped asphalt paving accents at the intersections with S. Oriole and Barberton Drive. . Two (2) parking spaces will be provided per unit. One (1) 9 feet x18 feet exterior space and one (1) garage space. Fencing and Landscaping . There will be a brick entrance element with identification signage and landscaping at the entrance off Barberton Drive as shown on the plan. . There will be Category I landscaping along the S. Oriole Drive exposure and existing trees will be preserved in the rights-of-way and the open space areas, where feasible. . Limits of land disturbance shall be no more than 10 feet from the rear and sides of any dwelling where trees are depicted on the Concept Plan to be saved. These limits shall be clearly marked in the field and on the final site plan with erosion and sediment control fencing and adequate tree protection (minimum of orange fencing material). . The landscape shall reflect the concepts of BayScape principles with the following additional components (in addition to any other applicable City requirements): a) the interior island within the private drive shall be planted with a mix of trees and shrubs, b) the minimum residential tree requirement shall be 800 square feet of canopy per dwelling unit (as described in the City of Virginia Beach Trees and Residential Lot Guide) and shall be installed within the cleared areas surrounding the proposed dwellings. SALTMEADOW BAY, L.L.C. Agenda Item # 5 Page 4 Open Space/Park Area . There will be open space/park areas as indicated on the Conceptual Site Layout and landscaping Plan dated 11/13/02. There will be a walking path, gazebo and benches placed in this area for use by the homeowners. Street Lighting . Street lighting will be residential in character. Trash Collection . Trash collection will be by private service. The proffers attached to this project will remain in place as currently recorded but are attached below for information purposes. Proffers PROFFER # 1 PROFFER # 2 PROFFER # 3 PROFFER # 4 The project shall be developed substantially as shown on the Exhibit for Conditional Rezoning dated 11/13/02 entitled Conceptual Site Layout and Landscape Plan of Condos @ Saltmeadow Bay prepared by MSA, P.C. which has been exhibited to the City of Virginia Beach City Council and is on file with the Department of Planning (hereinafter "Concept Plan"), which has 1.46 acres of open space. The project shall not exceed the 17 units with a density of 4.81 units per acre. The height of the homes shall not exceed 35 feet. The exterior design, material, and colors of the single- family shall adhere to the elevations shown on the exhibit dated 11-12-02 and entitled "Saltmeadow Bay Condos Barberton & South Oriole Drive, Virginia Beach," prepared by Dimensional Designs, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with SALTMEADOWBAY, L.LC. Agenda Item # 5 Page 5 the approved design, materials, and colors of the adjacent Saltmeadow Bay apartment project. PROFFER # 5 The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance with accepted sound reduction construction practices. Major Issues The following represent the significant issue identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which this issue is adequately addressed. . Degree to which the modification of the Land Use Plan is commensurate with the surrounding properties. Comprehensive Plan The Comprehensive Plan recognizes this site to be within the Primary Residential Area of the City of Virginia. For properties within Primary Residential Areas, the Plan emphasizes the need to preserve and protect the overall character, economic value and aesthetic quality of stable neighborhoods. SALTMEADOW BAY, L.L.C. Agenda Item# 5 Page 6 Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the 'Major Issue' identified above. The proposed modification of the rear yard setback requirement for this development, in Staff's opinion, will not be detrimental to surrounding properties. The principal structure's rear yard setback will not be changed and will remain at a minimum of 20 feet from the property line. The modification to 8.5 feet from the rear property line is for decks, stairs, and patios only. The change does also permit minor encroachments for popouts, such as bay windows or fireplaces, and for small cantilevered decks on the second floor. Again, these minor encroachments of no more than 24 and 36 inches respectively will not impact the quality of life or economic values for adjacent property owners. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. SALTMEADOWBAY, L.LC. Agenda Iterrt# 5 Page 7 Supplemental Information Zoning History Gpin See Application I ACTION Granted 00 DATE, I REQUEST 1 07/09/03 Street Closure 2 03/11/03 Change of Zoning (R-7.5 Residential District to A-12 Apartment District with a PD-H2 Overlay) Street Closure 3 01/22/02 Conditional Rezoning (R-7.5 Residential District to A-36 Granted SAL TMEADOW BAY, LLC. Agenda Item # 5 Page 8 4 06/26/01 5 03/14/88 Apartment District) Street Closure Conditional Rezoning (R-7.5 Residential District to A-36 Apartment District) Street Closures Street Closure Conditional Use Permit (gas station) Granted Granted Granted SAL TMEADOW BAY, L.LC. Agenda Item# 5 Page 9 Exhibit A Aerial of Site Location SAL TMEADOWBA V, LLG. Agenda Item # 5 Page 10 "1 ; ~ . ... ' " . I " , , .J . =:~~~=---~-~ ~' ~-=--::;;;::--.::.;:: - - ~ ,c ;;:..~._-, . >-. . ~7~~~ -~~~~~~=:~~--'-;~: . ~'~"...." --', l+--~-,~---~, 'ç., ."" 'I I , '" ~ ; I :¡', : I; ""? , ; ¡ , l" -.~-/ -~¡.t:~~. ~""---,..y , :, ¡ ¡ , t:4 ñtí ìí t i l..., ". :" ¡ ~iì1: '. ! l,L~4 c._-~.} ". Uv. .I~ "$-te N ~~~ ~¡~, , ~j~t U , ", -', ", .- -', ~j : to ! ' ~\ \ ' \ . /. \ <'<Ø . '4"", Î'~" -".¡;"" I "<' ! (,Q., ~Jj" ". "'~~~' ; ~ . It.. \'~.' '" ¡¡ ~ '" . ~I'il '\' -'. "\ ~, /:.- '\ \ n \ \> '-. 1 ,,<:[;;! '.~ ~Li -', '.. .""'!'. ", ~ ~ ; ... %- .'" ". .--. ". y ". ~-_::., -\.---- --~ i ' I~~~ ¡I~! ( \ -"",~p. ~- '.,.. ~§ ";. )5 .. :. ài &: ~H ~) . ....." >. ~ ~ I ~. it~. "~tt~ ~~¡¡~~ ~.~%' ~. i '. '- ;; " "', ¡ ì"V "I ? ).-',.j , l~~:? "}.~ ...' r,\ ....~.7:' { ;.J )7 N'-;;ri)' ..~ . // .. ';..ç'/ . .~):~ \' >, ---___"'m. Exhibit B Proposed Site Plan W BAY LLC. SAL TMEAOO . da Item~# 5 Agen . .1. .1 Page Exhibit C Photographs of Existing Condition / SALT MEADOW. BAY, lot.C. Agenda Item# 5 Page 12 (f) » r -I ~ m » »° ~~ :J a. OJ w» -0--< wro- cc3r CD ¡- ~~. (.VCJ1Ç'1 DISCLOSURE ST A TEME APPLICANT DISCLOSURE II the applicant 1$ a corporation" pmtn!Jrship" fIrm, business" or other lInmcorporated orgl1ltilat!On, complete the rollowing 1 List th\! applicant name followed by Ihe names of all ol!b~,s, mombers truslees pallnels, etc, below (At/ac/¡ lisl il flCC()SSOlY) ,:;;i1.L""""!"',~Jj"1, J.li;.,,;Wdtow_S_"lU...,.M...<u.i.< u. ,t',)",".. .Jliou""lJ..lI,¡¡rt.<>t t . 2 Ust all businesses IMI have a Ihot hove a parent.subsidiary' Of "Whated business entity' relationship with the applicant: (Allac/llist i/llQC(lSs8ty) ,_:'I:1I""R,\!!'r:'.¥,!"~;!t,£,,,r¡>9EU9'!_~ . -- -,--,"" -",. 0 Check hort) if the applicant is NOT a corporalion, partnership, firm, businoss, or other unincorporated OIganizallOl1 PROPERTY OWNER DISCLOSURE . Compteta this soc/iM ollly if I"()fJorfy owner is difforont from npplictmf ~ It the property OWM.r IS a corporalion,.pallnorshiP, lilm, bU911WSS, or ott\O! lu"incorpolat<1ó org,"'¡Z,1hol1, complete Ihe following: 1 listll1e propelty ownef name followed by tho 11B1lli':S oj all officers, members, trustees, partners, otc, below, (Attach list if tlocQssaf'¡) _..",§~.tt'tt!'.~9",.-'!"YL¡<U;L!~<!gj<ß-,-J:I!~t"..!!"X(.!.~...Ji,-,X,i1"'L,~.!.,(:I\!~~il..:!..,--~.'~,r,r£~..t._, 7. list alllJusincsscs tllat havc a that have a IMrcnt,subsidiary' or aflìliated business entrty' wlationship with the appllclmt. (At/acll/ist if floce,çsHf)'} -- Tn, ,!<U>",'"'.',:.'."!.':..S.",'>"¡',-",'iOh LJ Ciw,ck 116T<; il \lw prQpmty owner is NOT a corpmatlUI1, IÚ1l!!I(Jfsh!p, firm, bu~ll1e% 01 ütlwr IIl1intOrpOlHlerJ OIgHnll¡\lio!1 I So ' Se~ nB'¡ 1'I1g~ \Qrfc;"ln"t~s DISCLOSURE STA' ADDITIONAL DISCLOSURES List rill known contractors or bustnesses 111r11 havt>. or wil! provl(fu sorVIGt>.s Wllh rfisped to fhe requested property use, Including but not hllllted to Il1e providers ot 8IdHWctllln¡ " gorvIC(~S< roat ¡¡slatt! servÍ(;t!s, financial s!Hvlc0S.. accounting services, and 1\1\J,,1 sÐrvicc$: (Attach list if noCOS$3f'ý) _II,\Y"K~J)rlÏg,Ç,!;Li;J¡,U"""lÜ.j,QJ1.LJ!!iA,.. .lnaL,Ii;¡,¡:aí.~Ì1LL""o.""t,(¡,..cl~n~.. ¡no_.:., -f,Ü\~. . <.ule... ,LU\l"'Lj.¡¡d,..Ji¡;1;ra£:I¡""H..,1iÜ( ilù..",.¡;qul~"t .,o.¡..u Q",~"l"V"C¡)'L,.,.l"..¡....,., I "Parent-subsidiary relationship" IUQans "a ro!alionshlr that exists whorl one corporation directly or indirectly owns stulrès possessIng more man 50 ¡JØtcont of the voth19 power of 3notherOOfporallon," See State and tocal Govornment ConOict or 1"loresls Act, Va, Cod() § :>',:>'-3101, j 'Atltlíaled business entity relationship' means -a m!ahorlship, ()ther !tHm parent-subSldlaf'ý relationship, that exists when (i) ono buslnoss Mlity hils ¡¡ controlling ownOlship interest in th& other husllms!! entlly. (Ii) " controlling (¡'limn in one entity is ¡¡Iso a cent/oiling owner in tha othel entity, or (íii¡ them is shared managomont or control between fhe business entllio$ Fact("" that should 1m considered in determínin<j tho oxister1{".() of on affiliatod b\lõ"'o'e;~ t'..ntity wlation:;hip includo that the SIUf1{ person or substantially the ,¡(\me person own Of manaf e 11m (W(I ¡,ntitíI!5; Ihme ¡\It; coml1\on or commingled fund!> 01 ("sets; Ille husinoss "ntilÍln shiH" IIw USe ot tl10 samo offICes Of omptoyees Of othP.lW¡~(! sl1a!(' a<;lívi\Îos, resources m J(lfsonnol on a regular basis: Of thoro is otharwísc n close workinn rel¡\!íonshi" botwcrm the ontitles: Soe $tato and l.oclJl Governrnenl Conflict of Interests Act, VB. Code § 2,;1-3101, I certify tl1at tho information contained I1Qf(~il1 is true and (ICCUr¡Üe receipt of notification (postcard) tMltM npplicatiol1 ha~ beúl! , I am fúSI)( l1siblO for òbtoil1lng and p<J~tin9 the rèqui...\d nt loilsl 30 dilYS prior to the scheduled ¡¡uhliG twHlÍI111 in this p<lckt\!. u. CERTIFICATION: I ul1dorstand Ihal. sdw(lnlod lor publiC $1911 üI\ tho subject açcurdin(l to the ,', ,'" Le"', " {>":J! N'h"'" om en -. >< S'rn:J" - n -. Ct>õc- 3m-. Ct> t: r+ :J"'C _Ct> 10 : c(~ ö-t- v~ (3eiÂ-c1 Pl Q (\ n ~ {\ ~ PeN-,. C J ( .{ {W\ + ~ r (0... 'a'ì Ý\ ~ <î 0 D,\/ \ s 'ù r1 ßt...J)6 ~ :J \ ( /). tfD <S COJ(+hoJ5'€- Dr- ..-* ù~ :c: Ùfld-e4:+IÀVlð -1{¡-e Cr~ ó-Ç ¡}~ &ú-J¡ \ :5 èJ, ~ c ù5S (r'lj ~t'+ 56 {Y1€ PO$S ,ble. a.ðó '+('ÙtL'<-l bù. .\ ó; t1 ~ (¡~cd (ì1 i C CJ (1J d COn? f/e.K lòe o..f-e d 6ft- d -¡¡' #¡ 6'+, ¡ :S, £3C!J W tv t1 eo. I ( 'e J c?D..pk~(t 'S lih I K. T uJ CiS (:(3 a.. II", s+ {h¿ .pro)'E'c-'h. 'tkOL+ wert:. bJ.'lt on e¡'1--h~ ~\ de ò-Ç- B~+h ST. J. ~. 6,,{b~tor1, T wCt S ,Oj~ ~n ':>+ 'I-h€ ~/+- ß1~ðuJ !!-~ f ( Ò J ~ c+ : + ~e. ~J &f- 5. /3ú.IW -tð() . 1-- aWl de..ç~{\ I+€ I') °-So. '1Îs.+ QÝl~ -U\'~ else ~c) ; ^j rJ P 0..(1 ~ h. -er¿ -C/õSr9- ~ %,"5 Q{'f:,c... < . ~ R, b~ t (( (\ Cí\ ~ . . 6 r+ ~e.v--cj~ CöJL V~ e~ U It- d,3ý::l I J L 10 :3SJ'ï1d HJ'ï138 'ï1A ~:3MOd ~A 9G~El!g!~1 7b:QT hQQ7!nT/TT :Ed Weeden - RE: application Salt Meadow Bay GPIN24187031540000 , . paQe1l From: To: Date: Subject: <DanaNVB@aol.com> <planad m in@vbgov.com> 11/10/049:01AM RE: application Salt Meadow Bay GPIN24187031540000 To Whom It May Concern: I am writing this e mail in reference to Salt Meadow Bay LLC and its development in the Barberton/ South Oriole Drive area off 24th St. The development thus far is sufficient and in fact excessive. I was notified just recently of a modification -- and the notice does not say what that is. The present development is enough. If there is any further building or development it will compromise the environment ,quality of life and safety of residents. I am against any further development in this area of any land. If there is a building planned on an existing piece of land already built by Salt Meadow Bay that will not compromise the land or quality of life then I do not object strongly to that ( IE an improvement such as decking or porches) but I am 100% against any further development of another type. I feel the residents - if sent letters were not given ample notice or information. In fact I never received any information on the condos already built or the apartments already built. I was never given any notice or information before. As I stated if this application is for any modification such as a deck or porch or storage on land already with an existing house then I dont have any objections but if there is any further development I do not want this There is already enough dense housing and congestion and traffic If you have any questions please feel free to contact me. I also submitted a letter and wish to speak if I am able to and need to. Thank you very much Sincerely, Dana Cox 428 2228 ~ ^ . -------'-------'-r--"'--'-------------"--------'----'-------------- .; . .:. .""'" '~-:"'~~--;'¡',-~-------------------- ii ,:i '.; ,"."..'.""'. "'. 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(YJ q (5ù-~--------- I ~- ~ . ___1\ -------1------- 1\ ._m_li....--- II - ----- ----------- ------------ -iJ;...:d!ó-~-¡ N ¿t~~úJl!/t:. lli\ f~.,C< ( ~ ~-;;; 5 (.1 S-7 f ,.;; I""'.-¡ .. . J ... , -, .. ..,. ,.;J ----- Item #5 Saltmeadow Bay, LLC. Modification to the Land Use Plan Western extremity of Oakland Avenue District 6 Beach November 10, 2004 CONSENT William Din: The second item that I have on consent here is Item #5 Salt Meadow Bay, LLC. This is an application to modify the Land Use Plan approved by City Council on March 11,2003. The property is located at the western extremity of Oakland Avenue in the Beach District. I'd like to note that we have just received prior to this meeting several letters providing comments in opposition to certain aspects of this application. Michael Barrett: My name is Michael Barrett. I'm the developer ofthe project. William Din: Is there any opposition to placing this on consent? Ronald Ripley: These letters talk about adding more development and that is not what we're talking about here. He's talking about adjusting his plan slightly. William Din: That's correct. If there is no objection to this, we will continue with our consent. Ms. Anderson, would you please explain this item. Janice Anderson: Thank you. This is an application for a Modification ofthe Land Use Plan. It is for 17 single-family homes a condominium ownership. It's located off Barberton Drive and South Oriole. The only change to the conditions is the rear setback to the property. It was a 20-foot setback from the houses. What they're proposing now is the porches to allow that into the rear setbacks. Porches and steps and second floor pop outs for porches for the second floor. They can actually encroach into that 20-foot setback. That is the change that they're requesting. The setback now for the porches or any deck out back will drop to 8.5 feet. And, I would like to mention the letters that we did receive from the neighbors. Evidently, some neighbors were concerned and their main interest was more development in the area. I think they thought there were additional homes. The letters definitely say that they are fine with the development that is there now. They were just requesting no additional development. I think they misunderstood the notice that was posted out there. This is the only change to the conditions is for the allowance of these decks and second floor pop outs and the porches in the back. Michael Barrett: I certainly will be happy to speak with them as well. Janice Anderson: Thank you. Item #5 Saltmeadow Bay, LLC. Page 2 Dorothy Wood: Thank you Mr. Barrett. Michael Barrett: Thank you. William Din: I'd like to move that the following item be placed on consent. Item #5 is another proffered application in the Beach District. Dorothy Wood: Do I hear a second? Barry Knight: Second. Dorothy Wood: Mr. Miller. Robert Miller: Yes ma'am. I need to abstain from Item #5. My finn is working on the project. Dorothy Wood: Thank you. ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 10 NAY 0 ABSENT 0 ABS1 AYE AYE AYE AYE AYE AYE ABS AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, Item #5 has been approved for consent. L-- M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD (CP AB) COMMUNITY POLICY and MANAGEMENT TEAM - CSA At Risk COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PENDLETON PROJECT MANAGEMENT BOARD RESORT ADVISORY COMMISSION REVIEW and ALLOCIATION COMMITTEE [COG] SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC N. UNFINISHED BUSINESS o. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCn ACnONS V 0 I M B L C E S L DATE: 11/23/2004 D C M R C A W PAGE: 1 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D I. BRIEFINGS: A COMPREHENSIVE ANNUAL FINANCIAL Patricia Phillips, REPORT (CAFR) Director-Finance B MUNICIPAL SKATE PARK Cindy Curtis, Director-Parks & Recreation C MARRIOTI HOTEL TERM SHEET James Ricketts, Director- Convention & Visitor Bureau llIIll/IV / CERTIFICATION OF CLOSED SESSION CERTIFIED 8-0 Y Y Y Y A Y Y A Y Y A VNIÆ F MINUTES APPROVED 8-0 Y Y Y Y A Y A Y Y Y A B INFORMAl./FORMAL SESSIONS lli9/04 S T A I N E D G MAYOR'S PRESENTATION: DISTINGUISHED BUDGET David Bradley, Resource PRESENTATION AWARD Management Administrator accepted for Catheryn Whitesell, Director- Management Services HlI PUBLIC HEARING: TOWN CENTER, PHASE ill, TERM SHEET No Speakers I/J/K/l Resolution to APPOINT Mark D. Stiles/Carol ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A W. Hahn Deputy City Attorneys CONSENT 2 Ordinance to CONVERT part-time position to ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A full-time in Libraries re restructuring the CONSENT Records ManagementIMunicipal Referenc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: 11/23/2004 C E S L D C M R C A W PAGE: 2 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D 3 Ordinances to AUTHORIZE acquisition offee simple easements re traffic signals: ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A a London Bridge Roadlfower Bridge Loop CONSENT b Baker Road/Hampshire Lane ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A CONSENT 4 Ordinance to ESTABLISH initiatives re ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A minority/woman-owned/small businesses in CONSENT City contractslTRANSFER $50,000 i:> staff program VI BAYMARKGOLF,MODIFICA110N of MODIFIED 9-0 Y Y Y Y A Y Y Y Y Y A Proffers re rezoning (approved May PROFFERS, BY 1999!June 200 I re Baymark Construction CONSENT Corp) muhi-purpose building in "community green space" at Signature Circle/Signature Drive, (Villages at West Neck). (DISTRICT 7 - PRINCESS ANNE) 2 MIZPEH CHURCH NEW CUP: church at APPROVED! 9-0 Y Y Y Y A Y Y Y Y Y A 1064 Lynnhaven Parkway (DISTRICT 6 - CONDmONED, BEACH) BY CONSENT 3 SAINT JAMES MISSONARY CHURCH APPROVED! 9-0 Y Y Y Y A Y Y Y Y Y A NEW CUP: church at 5277 Princess Anne CONDmONED, Road (DISTRICT 2-Kempsville) BY CONSENT 4 CITY OF REFUGE CHRISTIAN CHURCH APPROVED 9-0 Y Y Y Y A Y Y Y Y Y A renewal of 200lfNEW CUP: church/ADD a RENEWAL CUP child care education center at 3420 Holland FOR CHURCH Road (DISTRICT 3 - ROSE HALL) ONLY 5 OCEAN MYSTIQUE, INc. CUP: studio for APPROVED! 7-2 Y Y Y N A N Y Y Y Y A tattoofpennanent makeuplbody piercing at 2335- CONDmONED, 2337 Virginia Beach Boulevard. (DISTRICT 6 BY CONSENT - BEACH) 6 H&A ENTERPRISES, at Independence DEFERRED TO 9-0 Y Y Y Y A Y Y Y Y Y A Boulevard/Smokey Road: (DISTRICT 4 - JANUARY 4, BAYSIDE) 2005, BY CONSENT a COZfrom R-7.5 to Conditional B-2 b CUP:re vehicle sales CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L 11/23/2004 C E S L DATE: D C M R C A W PAGE: 3 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D 7 WOMACK CHAPPELLILINDA T. APPROVED AS 8-1 Y Y Y N A Y Y Y Y Y A CHAPPELL COZtrom AG-1-2/R-20 to PROFFERED, Conditional 1-1 at London Bridge BY CONSENT Road/Homet Drive re Phase IT of Taylor Farm Corporate Park. (DISTRICT 6 - BEACH) 8 MARY SPADY COZ trom R-IO to DEFERRED TO 9-0 Y Y Y Y A Y Y Y Y Y A Conditional 0-1 at 844 Kempsville Road. JANUARY II, (DISTRICT 2 - KEMPSVILLE) 2005 9 VTC ONE extension of90 days to comply with APPROVED/ 9-0 Y Y Y Y A Y Y Y Y Y A Condition in closure of portion of Regent CONDmONED, BY CONSENT University Drive. (Approved 2003 re Amerigroup Office Complex). (DISTRICT I - CENTERVILLE) M. APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD INVESTMENT PARlNERSHIP ADVISORY COMMITTEE MJNORITY BUSINESS COUNCn.. PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD TAX ASSESSMENT EVALUATION AND 9-0 Y Y Y Y A Y Y Y Y Y A REFINEMENT TASK FORCE Appointed - NoTerm D. A. Ablowich John T. Atkinson Elsie M. Barnes William W. Din Dan R. Lowe AI Strazzulo Dale Tyree Stanley Waranch Robert Thornton Thomas F. Betz, Jr. Kenneth C. Taylor Barbara Wolcott ADDED EASTERN VIRGINIA HEALTH SYSTEMS 9-0 Y Y Y Y A Y Y Y Y Y A AGENCY Appointed 4 Year Term IIIIOS-12ß1/08 David Grochmal (Consumer) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L 1l/23/2004 C E S L DATE: D C M R C A W PAGE: 4 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z E N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E A 0 R V D V 0 0 L R S N X F E T A N D N/OIl ABSTRACT OF CIVIL CASES RESOLVED CITY CLERK TO B Y C 0 N S E N S U S - October 2004 RECORD 2 ABSTRACT OF VOTES - GENERAL CITY CLERK TO B Y C 0 N S E N S U S ELECTION - 11/2/04 RECORD P ADJOURNMENT 6:25 P.M.