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HomeMy WebLinkAboutDECEMBER 14, 2004 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" COUNCIL MAYOR MEYERA E. OBERNDORF At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, 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 RONA. VILLANUEVA, At -Large ROSEMARY RMSON, At -Large BUILDING] JAMES L. WOOD, Lynnhaven -District 5 JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk I. II. 5 J_OF Ouo N CITY HALL 2401 COURTHOUSE VIRGINIA BEACH, VIRGINIA 23456-806 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycncl@vbgov.com CITY COUNCIL AGENDA CITY MANAGER'S BRIEFING 14 December 2004 - Conference Room A. WORKFORCE HOUSING STATUS Andrew Friedman, Director —Housing and Neighborhood Preservation CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1:30 P.M. 3:00 P.M. V. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Mr. Thomas Le Neave Virginia Beach State President Church of Jesus Christ of Latter Day Saints C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS December 7, 2004 G. AGENDA FOR FORMAL SESSION H. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the City Code §2-85 application to the payment for unused annual leave hours re Sheriff appointees. 2. Ordinances to AUTHORIZE acquisition of property in fee simple for easements I agreement or condemnation and AUTHORIZE the City Manager to make a reasonab offer to owners of interest: a. Grayson Road at Witchduck Road intersection improvements b. Sandbridge safety improvements 3. Ordinance to AUTHORIZE a temporary encroachment into the right-of-way adjacent to Lake Rudee at 726 Kennedy Avenue by GLEN A. and M. NICOLE WILLIAMS re an existing open pile pier, watercraft lift, wooden access ramp and riprap. 4. Ordinance to ACCEPT from the Department of Justice and APPROPRIATE $650,000 to the FY 2004-05 Budget re Emergency Operations Center equipment and Protective Apparel for City Responders re weapons of mass destruction. 5. Ordinance to ACCEPT from the Federal Emergency Management Agency (FEMA) and APPROPRIATE $1,008,035 to the FY 2004-05 Fire Department Budget re operation of the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team. 6. Resolution to REFER to the Planning Commission a proposed amendment to t Comprehensive Plan re Open Space Recreation element for the Transition Area and include the whole area in the Agricultural Reserve Program (ARP). 7. Resolution to APPOINT Larana J. Owens as Assistant City Attorney. I. PLANNING — NO ACTION 1. Applications of H&A ENTERPRISES, L.L.C. at the southeast corner of Independence Boulevard and Smokey Road: (DISTRICT 4 — BAYSIDE) a. Change ofZonin from R-7.5 Residential District to Conditional B-2 Community Business District b. Conditional Use Permit for motor vehicle sales RECOMMENDATION: DENY [City Council previously voted to defer this item to January 4, 2005.] J. PLANNING l . Application of J. M. SYKES, INC. for expansion of a Nonconforming Use re existing office space at 614 loth Street. (DISTRICT 6 — BEACH) RECOMMENDATION: "t • 2. Applications of DEFORD COMPANIES, INC. at 3500 Glen Arden Road: (DISTRICT 2 — KEMPSVILLE): a. Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) re extension of LeCove Drive b. Conditional Use Permit re community boat dock RECOMMENDATION: APPROVAL 3. Application of STEPHEN LETOURNEAU for a Conditional Use Permit re automobile repair garage at 156A Chestnut Avenue. (DISTRICT 3 — ROSE HALL) (Deferred by City Council on December 7, 2004). RECOMMENDATION: APPROVAL 4. Application of THORNTON VIRGINIA LAND TRUST for a Conditional Use Permit re fuel sales in conjunction with a convenience store (Wawa) at 1706 Virginia Beach Boulevard. (DISTRICT 6 —BEACH) RECOMMENDATION: 5. Application of HOLLIS ROAD ASSOCIATES for a Change of Zoning from R-1 Residential District to Conditional R-10 Residential District with a PD-112 Overlay 4704 and 4728 Indian River. (DISTRICT 1— CENTERVILLE) RECOMMENDATION: 6. Applications of CITY VIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 — LYNNHAVEN): a. Change of Zoning from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi -Family dwellings, Grocery Stores, Carry -Out Stores and Convenience Stores RECOMMENDATION: K. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS — Maintenance Division New Construction Division CHESAPEAKE BAY PRESERVATION AREA BOARD - CBPAB COMMUNITY SERVICES BOARD 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 TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 ************** Agenda 12/14/04\sb www.vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room 1:30 P.M. A. WORKFORCE HOUSING STATUS Andrew Friedman, Director —Housing and Neighborhood Preservation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room 3:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Mr. Thomas Le Neave Virginia Beach State President Church of Jesus Christ of Latter Day Saints C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS December 7, 2004 G. AGENDA FOR FORMAL SESSION �►5 0F. OF OUR NWON �Resnl�t#inn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the City Code §2-85 application to the payment for unused annual leave hours re Sheriff appointees. 2. Ordinances to AUTHORIZE acquisition of property in fee simple for easements 1 agreement or condemnation and AUTHORIZE the City Manager to make a reasonab offer to owners of interest: a. Grayson Road at Witchduck Road intersection improvements b. Sandbridge safety improvements 3. Ordinance to AUTHORIZE a temporary encroachment into the right-of-way adjacent to Lake Rudee at 726 Kennedy Avenue by GLEN A. and M. NICOLE WILLIAMS re an existing open pile pier, watercraft lift, wooden access ramp and riprap. 4. Ordinance to ACCEPT from the Department of Justice and APPROPRIATE $650,000 to the FY 2004-05 Budget re Emergency Operations Center equipment and Protective Apparel for City Responders re weapons of mass destruction. 5. Ordinance to ACCEPT from the Federal Emergency Management Agency (FEMA) and APPROPRIATE $1,008,035 to the FY 2004-05 Fire Department Budget re operation of the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team. 6. Resolution to REFER to the Planning Commission a proposed amendment to t Comprehensive Plan re Open Space Recreation element for the Transition Area and include the whole area in the Agricultural Reserve Program (ARP). 7. Resolution to APPOINT Larana J. Owens as Assistant City Attorney. �4 v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO MODIFY APPLICATION OF CITY CODE § 2-85 TO PERMIT CERTAIN APPOINTEES OF THE VIRGINIA BEACH SHERIFF'S OFFICE TO RECEIVE PAYMENT FOR UNUSED ANNUAL LEAVE HOURS THAT EXCEED THE ANNUAL LEAVE CARRY-OVER LIMITATIONS MEETING DATE: December 14, 2004 Background: City Code §2-85 provides that "no employee shall be allowed to carry more than four hundred (400) hours of accumulated annual leave from one calendar year to the next"... However, due to minimum staffing requirements, and the lack of sufficient manpower resources, the Sheriffs Office often must offer other appointees overtime at a rate of time -and -a -half in order to grant appointees' requests for accrued annual leave. ■ Considerations: This ordinance will allow the Sheriff's Office to maintain minimum staffing levels without requiring appointees to lose accrued annual leave. The financial impact of this ordinance will lower overtime costs at the rate of time -and -a -half by eliminating the need for backfill positions related to granting of multiple requests for annual leave to prevent the loss of accrued annual leave by appointees. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Adoption of ordinance ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Requested by Councilmember Harry Diezel 1 Requested by Councilmember Harry Diezel 2 3 AN ORDINANCE TO MODIFY APPLICATION OF CITY 4 CODE § 2-85 TO PERMIT CERTAIN APPOINTEES OF 5 THE VIRGINIA BEACH SHERIFF'S OFFICE TO 6 RECEIVE PAYMENT FOR UNUSED ANNUAL LEAVE 7 HOURS THAT EXCEED THE ANNUAL LEAVE CARRY- 8 OVER LIMITATIONS 9 10 WHEREAS, City Code § 2-85 provides that "[n]o employee 11 shall be paid for unused annual leave except upon termination of 12 employment. . . . No employee shall be allowed to carry more 13 than four hundred (400) hours of accumulated annual leave from 14 one calendar year to the next if the employee works a forty -hour 15 workweek, or five hundred sixty (560) hours of accumulated 16 annual leave if the employee works a fifty-six hour workweek . 17 ."• 18 WHEREAS, City Code § 2-85 is applicable to Sheriff's 19 Office appointees; 20 WHEREAS, Sheriff's Office appointees who have 21 accumulated more hours of annual leave than the Code allows to 22 be carried over to the following year often make requests toward 23 the end of the calendar year for annual leave, so as not to lose 24 accrued time; 25 WHEREAS, the Sheriff's Office is generally required to 26 grant the multiple requests for leave made by its appointees, 27 even when those requests are received, toward the end of the 1 28 calendar year and the leave granted may cause the Sheriff's 29 Office a hardship in its ability to meet staffing requirements; 30 WHEREAS, extreme overcrowding conditions and the lack 31 of sufficient manpower resources has reduced the ability to 32 grant leave requests; 33 WHEREAS, because the Sheriff's Office is required to 34 maintain minimum staffing at all times, the Sheriff's Office 35 often must offer other appointees overtime at a rate of time- 36 and -a -half in order to maintain the necessary level of staffing 37 when appointees take leave; and 38 WHEREAS, allowing Sheriff's Office appointees who are 39 ranked at the level of Major and below and who have accrued 40 annual leave in excess of the accrual limitations to request 41 payment for the excess leave instead of taking that leave could 42 be mutually beneficial to the appointees and the Sheriff's 43 Office. 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 45 CITY OF VIRGINIA BEACH, VIRGINIA: 46 That the application of City Code Section 2-85 shall hereby 47 be modified during calendar year 2004 to allow Sheriff's Office 48 appointees who are ranked at the level of Major and below and 49 who have accrued, as of December 31, 2004, annual leave in 50 excess of four hundred hours to request and receive payment in 51 lieu of annual leave for those annual leave hours accrued in 52 excess of four hundred hours, at the appointee's regular rate of 53 pay. No appointee shall be required to request payment in lieu 54 of requesting leave. The Sheriff is only authorized to expend 55 funds for these payments from his current appropriations and 56 without additional funds from the City of Virginia Beach. 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9457 H:\GG\OrdRes\Public Safety Overtime Ord.ord.-a.doc R-2 December 7, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' s Office 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Grayson Road at Witchduck Road Intersection Improvements, CIP 2-285.197 Authority to Acquire Property and Easements (Temporary and Permanent) by Agreement or Condemnation MEETING DATE: December 14, 2004 ■ Background: The current Grayson Road at Witchduck Road Intersection Improvements Project (CIP 2-285.197) was introduced as a new project in the FY 2004-2005 CIP, underthe Traffic Safety Improvements CIP. This project is funded in the amount of $400,000. It will provide for improvements to Grayson Road including curve re -alignment, addition of a left - turn lane, extension of a sidewalk and modifications to the traffic signal at Witchduck Road. Substantial development that has occurred recently along Grayson Road generated the need for this improvements ■ Considerations: The design phase is complete, a plat has been prepared to begin the right of way acquisition process. Right of way and easement acquisition is necessary from one property owner. Authority is requested to acquire the necessary property and easement by agreement or condemnation in order to construct the necessary improvements. ■ Public Information: A Willingness to hold a Public Hearing was posted several times in July 2004 and no responses were received. Advertisement of City Council Agenda. ■ Alternatives: Deny the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Grayson Road at Witchduck Road Intersection Improvements Project, CIP 2-285.197. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Grayson Road at Witchduck Road Intersection Improvements Project, CIP 2-285.197. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: L . 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF 3 WAY FOR GRAYSON ROAD AT WITCHDUCK 4 ROAD INTERSECTION IMPROVEMENTS, CIP 2- 5 285.197 AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS, 7 EITHER BY AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to improve transportation 12 within the City and for other related public purposes for the preservation of the safety, health, peace, 13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 17 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 18 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and 19 permanent easements and entire tracts upon which such rights of way or easements shall be located, 20 within the limitations and conditions of Section 3 3.1-91 of the Code of Virginia of 1950, as amended 21 (the "Property"), as shown on the plans entitled "GRAYSON ROAD AT WITCHDUCK ROAD 22 INTERSECTION IMPROVEMENTS, CIP 2-285.197," (the "Project") and more specifically 23 described on the acquisition plats for the Project (plats and plans collectively referred to as the 24 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of 25 Virginia Beach, Virginia. 26 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 27 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 28 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said Property. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2004. CA aTZq PREPARED: 11/16/04 APPROVED AS TO CONTENT �a. C.O 'gas ptG����N(�A�T�URE rW AtTI DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM o-'Ce", CITY ATTORNEY day of GKAYSUN KD (a) WITCHDUCK RD CIP2-285.197.DGN J.L.M. PREPARED BY P/W ENG. CADD DEPT. NOVEMBER 19, 2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sandbridge Safety Improvements, CIP 2-067 Authority to Acquire Property and Easements (Temporary and Permanent) by Agreement or Condemnation MEETING DATE: December 14, 2004 ■ Background: The current Sandbridge Safety Improvements Project (CIP 2-067) was programmed in the FY 2003-2004 CIP. The project is funded in the amount of $2,504,164. It will provide for such safety improvements as curve realignments, lighting upgrades, additional signage, pavement markings, turn lanes, and shoulder widening. ■ Considerations: The design phase is complete and following the approval of this ordinance, the right of way acquisition process will begin. Right of way and easement acquisitions are required from 27 parcels. There will be no total takes (entire parcels) necessary. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation in order to keep the project moving forward. ■ Public Information: Corridor Study Citizen Information Meeting --September 5, 2002; Sandbridge Road Safety Improvements Public Meeting —November 19, 2003; Sandbridge Road Safety Improvements Citizen Information Meeting —May 5, 2004; Advertisement of City Council Agenda for authority to acquire property and easements (temporary and permanent) by agreement or condemnation ■ Alternatives: Deny the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Sandbridge Safety Improvements Project, CIP 2-067. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Sandbridge Safety Improvements Project, CIP 2-067. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 9(-� «1fI6� City Manager: <z � , GYIII 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF 3 WAY FOR SANDBRIDGE SAFETY 4 IMPROVEMENTS, CIP 2-067 AND THE s ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION e 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to improve transportation 12 within the City and for other related public purposes for the preservation of the safety, health, peace, 13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGMA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 17 pursuant to Sections 15.2-1901, et sue., Sections 33.1-89, et SeMc ., and Title 25.1 of the Code of 18 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and 19 permanent easements and entire tracts upon which such rights of way or easements shall be located, 20 within the limitations and conditions of Section 33.1-91 ofthe Code of Virginia of 1950, as amended 21 (the "Property"), as shown on the plans entitled "SANDBRIDGE SAFETY IMPROVEMENTS CIP 22 NO. 2-067," (the "Project") and more specifically described on the acquisition plats for the Project 23 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 24 Division, Department of Public Works, City of Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 26 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 27 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 28 institute proceedings to condemn said Property. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2004. CA 9`28 PREPARED: 11/15/04 APPROVED AS TO CONTENT Qam, 0. GNATURE ft Ral F DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM A& o�'t &-,-" - CITY ATTORNEY day of SANDBRIDGE ROAD CIP2-067.DGN J.L.M. PREPARED BY P/W ENG. CADD DEPT. NOVEMBER 17, 2004 ii a W u� Q z z o � V N z O v � Q — F Q a z $ W 0 F d a < eas �Z �doo Q Qa % F� aaPiaB 3 OD' NpN W+g 4Jo b °°Jdn A4. e e L sa° � �3g5�$S3rusRs�2R� ��mQd�<3o2��m dCI fil G1 dd W 0i ad :a ad ���dooii e e a r e tl m z U OF oz Item V-K. 9. b. ORDINANCESIRESOLUTION ITEM # 52471 (Continued) The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 8. Any above -ground temporary encroachment shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office. 9. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any mannerprovided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use ofsuch portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and ifsuch removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W. Schmidt April 13, 2004 -43- Item V-K.9.b. ORDINANCESIRESOLUTION ITEM # 52471 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance toA UTHORIZE temporary encroachment into portions of City owned right-of-way known as Lake Rudee by GLEN A. and NICOLE WILLIAMS to construct and maintain a boat lift The following conditions shall be required: The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant agrees to obtain a permit from the office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. April 13, 2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request — 726 Kennedy Avenue Existing Open Pile Pier, Personal Watercraft Lift, Wooden Access Ramp and Riprap for Glen A. Williams and M. Nicole Williams. MEETING DATE: November 23, 2004 ■ Background: Mr. and Mrs. Glen A. Williams applied for and received a waterfront construction permit (ref.VB02-094) to construct an open pile pier within the boundaries of their property adjacent to the City s property known as Lake Rudee. They also applied for and received City Council approval on April 13, 2004 for an encroachment of a 10' X 10' boat lift to be constructed adjacent to the pier into Lake Rudee (ref. Instrument No. 200405110073518). Following construction of the pier and boat lift, the City received a complaint from an adjacent property owner that Mr. and Mrs. Williams had exceeded the approved limits of construction and had encroached further into the City's property and into the restrictive 25% line (25% of the distance of the waterway measured from the mean low water line to mean low water line). A subsequent field investigation of the constructed improvements by the City revealed that the pier was constructed larger than approved and encroaches into the City s property (Lake Rudee) 2.4. Thus, construction of the previously approved 10' X 10' boat lift shifted 2.4' and into the restrictive 25% line. The investigation also revealed that attached to the pier are a personal watercraft lift ("PWL") and a wooden access ramp which also encroach into Lake Rudee. On August 13, 2004, Mr. Williams was notified by Mr. David Compton, a City Coastal Zoning Inspector, of these violations and that he was to immediately remove the two channelward boatlift piles. ■ Considerations: Mr. and Mrs. Williams have submitted an "as -built' survey of the improvements and requested approval of those items that encroach into Lake Rudee. The as -built survey submitted to the City also revealed that a small portion of the riprap previously installed encroaches as well. Mr. Williams has removed the boat lift piles as requested and no longer has any improvements within the restrictive 25% line. Further, he was notified by Christopher B. Cahoon, a City Right of Way Agent, on October 14, 2004 that, due to the fact that his existing pier was constructed 2.4' beyond its original design, the boat lift could no longer be constructed as approved by City Council and, therefore, the City of Virginia Beach now considers the encroachment previously approved by City Council (ref. Instrument No. 200405110073518) to be null and void and of no effect. Mr. Williams has stated that he no longer wishes to construct a boat lift but is seeking approval of an encroachment for the existing open pile pier, personal watercraft lift ("PWL"), wooden access ramp and riprap. ■ Public Information: Advertisement of Council agenda for encroachment approval. ■ Alternatives: Deny the encroachment. ■ Recommendations: City staff have reviewed this matter and recommend approval of the encroachment. ■ Attachments: Location Map Ordinance Exhibit Plat Correspondence Agreement Recommended Action: Approve the Encroachment Submitting Department/Agency: Public Works/Real Estate City Manager: IL. !j� S LAKE RUDEE 8 \N 46'831" W 2.29'\ EX•-------------- 2 F �ti NOTE: MLW 0.0 AT TOE m s � OF EXISTING RIPRAP. s �__ ��. N, \ MHW 3.0 HALFWAY UP 9 s. o. o \ EXISTING RIPRAP. T REAR PL AS SCALED FROM NAIL AT `,\ ,�. G �, CITY TAX MAP 101.97'10 PWL EMP`\ �� WOOD RAMP 10' x 32' N b` G EMP`` PIER/DAVITS � 11 AS APPROVED J7di;, oho_, (FAINT LINE) POD - — - — - - - - PIER/RAMP/PWL Cl' AS BUILT 8 NSF (BOLD LINE) 134iy,3" tS.W. McCHESNEYI 12 W EMP o N/F M.R. MONDON w �b IPF no � IPF cn �O 0 co w PLAN VIEW SCALE 1 " = 30' p n GPIN: 242 7-01-3257 NAIL 70.10 LOT B-1 IPF N 766'37" E 50.00' ►rT 13 14 15 EXHIBIT "A" KENNEDY AVENUE (50') WATERFRONT AS -BUILT ENCROACHMENT REQUEST CONSULTING, INC PRIVATE PIER, LIFT, RAMP AND RIPRAP FOR 1112 JENSEN DRIVE, STE. 206 GLEN A. and M. NICOLE WILLIAMS VIRGINIA BEACH, VA 23451 LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS PHONE: (757) 425-8244 LYNNHAVEN DISTRCT VIRGINIA BEACH, VA 23451 FAX: (757) 425-8244 (M.B. 302 PG. 99) DATE: SEPTEMBER 30, 2004 ��1 a diR GL LOCATION MAP FOR EXISTING ENCROACHMENTS INTO LAKE RUDEE FOR GLEN A. WILLIAMS AND M. NICOLE WILLIAMS GPIN 2427-01-3257 \. SCALE:1" = 200' \ 1990 i0jullimm %",A - GPIN_./ 2427-01-325 GA WILLIAMS.UUN M.J.S. PREPARED BY PAN ENG. CADD DEPT. DECEMBER 1, 2004 I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS LAKE RUDEE 7 BY GLEN A. WILLIAMS AND M. 8 NICOLE WILLIAMS, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 WHEREAS, GLEN A. WILLIAMS and M. NICOLE WILLIAMS desire to maintain 13 an existing open pile pier, personal watercraft lift, wooden access ramp and riprap 14 within the City's property known as Lake Rudee and adjacent to their property located at 15 726 Kennedy Avenue, Virginia Beach, Virginia 23451. 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 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, GLEN A. WILLIAMS and M. 23 NICOLE WILLIAMS, their heirs, assigns and successors in title are authorized to 24 maintain a temporary encroachment for an existing open pile pier, personal watercraft 25 lift, wooden access ramp and riprap within the City's property known as Lake Rudee as 26 shown on the map entitled: "Exhibit A," a copy of which is on file in the Department of 27 Public Works and to which reference is made for a more particular description; and 28 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 29 subject to those terms, conditions and criteria contained in the Agreement between the 30 City of Virginia Beach and GLEN A. WILLIAMS and M. NICOLE WILLIAMS (the 31 "Agreement"), which is attached hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 33 is hereby authorized to execute the Agreement; and 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 35 time as GLEN A. WILLIAMS and M. NICOLE WILLIAMS and the City Manager or his 36 authorized designee execute the Agreement. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 38 day of , 2004. M 40 APPROVED AS TO CONTENTS 41 42 C . G 'SU 43 giGNATURE 44 45 / Wi;//.44 46 DEPARTMENT 47 48 49 50 APPROVED AS TO LEGAL 51 SUFFICIENCY,AND FORM 54 CITY ATTORNEY 55 56 CA- Ci4 9.4 57 PREPARED: 11/03/04 PREPARED BY VIRGINIA BEACH CITY AT TORNE Y'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(c)(3) THIS AGREEMENT, made this 1st day of November , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GLEN A. WILLIAMS and M. NICOLE WILLIAMS, husband and wife, THEIRHEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNES SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-1, Block 40, Shadow Lawn Heights" and being further designated and described as 726 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing open pile pier, personal watercraft lift, wooden access ramp and riprap, "Temporary Encroachment", in the City of Virginia Beach, WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2427-01-3257 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "AS - BUILT ENCROACHMENT REQUEST PRIVATE PIER, LIFT, RAW AND RIPRAP FOR GLEN A. AND M. NICOLE WILLIAMS", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 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 harmless the City, its agents and employees, from and against all claims, damages, losses and FA expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such 3 removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, GLEN A. WILLIAMS and M. NICOLE WILLIAMS, the said Grantee has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: Ruth Hodges Smith, MMC City Clerk El CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) A. WILLIAMS (SEAL) M. NICOLE WILLIAMS 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 of the City of Virginia Beach, Virginia, on its behalf. 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, MMC, City Clerk of the City of Virginia Beach, Virginia, on its behalf. My commission expires: 5 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this l S ` day of 2004161 , GLEN A. WILLIAMS. otary Public My commission expires: M emm;!;^ rxr;, �g ;,,,,,nether 30, 2C'05 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 15� day of t oH,-,,tLu_ , W 2004, M. NICOLE WILLIAMS. My commission expires: My Co"''^;� Nini-m-h?r 10, 2005 APPROVED AS TO LEGAL SUFFICIENCY t CITY ATTORNEY Form Rev. 03-24-04 n. I�C'u )UL N ary Public APPROVED AS TO CONTENT MY REAL ESTATE AGENT LAKE RUDEE 8 S 2 � " \N 46'8'31" W 2.29'\ ----—-—--—-—-—-—-- � 1� ` •< PER Q. 2 Foo\ NOTE: MLW 0.0 AT TOE OF EXISTING RIPRAP. MHW 3.0 HALFWAY UP 9 �o \ EXISTING RIPRAP. , �y - --------- NAIL AT `, �► 'i. T CITYRTAX MAP SCALED FROM 101.97' • <;,�ti 10 • % ••%�� (BOLDAS APPROVED ro (FAINT LINE) Ln 00 AS BUILT LA ��'�.�o� : ���•� LA w �. IPF ,v\ oIPF (on.r 'r �^ IPF � o � 3-S-F U) # 726 w PLAN VIEW SCALE 1" = 30' �2 LOT B-1 V) GPIN: 2427-01-3257 NAIL 70.10 IPF N 76'6'37" E 50.00' 13 14 15 IPF EXHIBIT "A" KENNEDY AVENUE (50') WATERFRONT AS -BUILT ENCROACHMENT REQUEST CONSULTING, INC PRIVATE PIER, LIFT, RAMP AND RIPRAP 1112 JENSEN DRIVE, STE. 206 FOR GLEN A. and M. NICOLE WIWAMS VIRGINIA BEACH, 2LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS PHONE: (757) 425-82451 44 LYNNHAVEN DISTRCT VIRGINIA BEACH, VA 23451 FAX: (757) 425-8244 (M.B. 302 PG. 99) DATE: SEPTEMBER 30, 2004 fi:. ty CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Domestic Assistance Equipment Grant MEETING DATE: December 14, 2004 ■ Background: 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. This award has a total of $650,000 remaining to address City needs to respond to WMD events. Funding from these grants will be allocated: $400,000 for equipment to completely outfit the City's Emergency Operations Center in conjunction with the new Emergency Communications Building coming online next fall $50,000 for ballistic body armor for Police responders $200,000 for protective equipment and clothing for City responders ■ 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. The remaining $280,300 referenced in the award letter from this grant was previously appropriated by City Council. ■ Public Information: Public Information would be handled through the normal Council Agenda public information process. ■ Alternatives: The city currently does not have the capacity to fund the requested items within current revenue projections. ■ Recommendations: Accept the grant and appropriate $650,000 to address ongoing emergency response needs and increase the City's capability to effectively respond to and coordinate WMD events. 0 Attachments: Ordinance Grant Award Letter Recommended Action: Approval of Ordinance Submitting Department/Agency: Management Services City Manager. �- • 23 ' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $650,000 FROM THE U.S. DEPARTMENT OF JUSTICE 3 TO THE FY 2004-05 OPERATING BUDGET TO 4 PROVIDE EMERGENCY OPERATIONS CENTER 5 EQUIPMENT AND PERSONAL PROTECTIVE APPAREL 6 FOR CITY RESPONDERS 7 8 9 WHEREAS, the City has been awarded pass -through funding 10 from the U.S. Department of Justice to support the response to 11 and coordination of Weapons of Mass Destruction events. 12 NOW, THEREFORE, BE IT ORDAINED BY 'THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That $650,000 is hereby accepted from the U.S. 15 Department of Justice and appropriated as follows: 16 (a) $400,000 to the Communications and Information 17 Technology Department's FY 2004-05 Operating Budget to provide 18 equipment to fully outfit the City's Emergency Operations 19 Center; 20 (b) $50,000 to the Police Department's FY 2004-05 Operating 21 Budget to purchase ballistic body armor for police responders; 22 and 23 (c) $200,000 to the Fire Department's FY 2004-05 Operating 24 Budget to purchase protective equipment and apparel for City 25 responders. 26 2. That revenue from the federal government is increased 27 by $650,000 in the FY 2004-05 Operating Budget. Accepted by the Council of the City of Virginia Beach, Virginia on the day of Approved as to Content 2004. Approved as to Legal Sufficiency Management Services City Attorney' UOffice CA9452 R1 December 1, 2004 H:\PA\GG\ORDRES\2003 Domestic Assistance•Grant ord.doc MICHAEL M. CLINE State Coordinator JANET L CLEMENTS Deputy -Coordinator L RALP14 JONES, JR. Deputy Coordinator Mr. James K Spore City Manager Virginia Beach City 2401 Courthouse Drive - Virginia Beach, VA23456 Dear Mr. Spore: Department of Emergency Management February 13, 2004 10501 Trade Court Richmond, Virginia 23236-3713 (804) 897-6500 (TDD) 674-2417 FAX (804) 897-6506 FEB 20,04 We are pleased to inform you that Grant Funds from the Department of Homeland Security, Office of Domestic Preparedness and administered by the Commonwealth in the amount of $930,300.00 will be forwarded to Virginia Beach City within the next 10 days. T-bis funding is from the ODP 2003-H Grant Program. As a point of important clarification when planning your aq=ditures remember that you may only spend a maximum of 3% of your total grant award in the Planning/Administrative costs area. We are in the proms of having these fiords transfeirred to Virginia Beach City's account via the Commonwealth's finance system, so please have your finance personnel be on the lookout for the transaction. Remember that this represents gragit -fimds to purchase the items that your locality has determined it requires to meet the 2003 Il Grant program objectives and your localities requirements within these objectives. -Enclosed are required grant activity reports that you are required to fill out and return no later than the date listed on . an approving signature. Please include the paid invoices for funds expended during this reporting period. You have until June 30, 2005 to complete your acquisitions. If you would like an electronic copy of these reports please contact Cheryl Adkins at 804/897-6500, extension 6597. - If we can help you in any way, please contact; Julian Gilman at (804) 897-6500, extension 6595. He will be able to help with any issues that you may have. Sincerely, MMC/JDG: cab Enclosure c: Julian Gilman / 7v�;) A- It �__ -4 e- _:_1 Michael M. Cline Working to Protect People, Property and Our Communities' 4s�"ram CITY OF VIRG: INIA BEACH AGENDA ITEM ITEM: FEMA/Urban Search and Rescue Task Force FY04 Cooperative Agreement MEETING DATE: December 14, 2004 ■ Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2). Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. ■ Considerations: The City of Virginia Beach is the sponsoring agency for VA-TF2. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This annual preparedness grant continues funding for 3.25 positions, continuation of the facility lease and expenses, replacement of equipment and supplies, training and travel expenses, and purchase of four small wheel base pickup trucks. FEMA has awarded $1,008,035 to the Team for support of ongoing expenses through September of 2006. The program has reached a point of complexity where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. ■ Public Information: Public Information will be handled through the normal agenda process. ■ Alternatives: VA-TF2 Urban Search and Rescue Team cannot continue without this federal funding. ■ Recommendations: Accept grant and appropriate $1,008,035 for management and maintenance of Virginia Task Force 2, Urban Search and Rescue Team. This funding is for two years through September 2006. ■ Attachments: Ordinance Grant Award letters Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. t, 4ar I AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,008,035 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE FY 04-05 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 FOR CONTINUED OPERATION OF THE VIRGINIA 6 TASK FORCE 2 URBAN SEARCH AND RESCUE 7 TEAM 8 9 WHEREAS, the Federal Emergency Management Agency has 10 approved $1,008,035 in financial assistance for the continued 11 operation of the Virginia Task Force 2 Urban Search and Rescue 12 Team. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1) That $1,008,035 in additional federal revenue is hereby 16 accepted from the Federal Emergency Management Agency 17 and appropriated to the FY 04-05 Operating Budget of the 18 Fire Department to cover costs associated with the 19 Virginia Task Force 2 Urban Search and Rescue Team, with 20 federal revenue increased accordingly. 21 2) That 3.25 positions are hereby established in the FY 22 2004-05 Operating Budget of the Fire Department; 23 provided, however, that these new positions are 24 conditioned upon continued grant funding. 25 Accepted by the Council of the City of Virginia Beach, 26 Virginia on the day of , 2004. Approved as to Content n Management Services Approved as to Legal Sufficiency - IA& City Attor 's Office CA9456 R3 December 3, 2004 H:\PA\GG\ORDRES\FEMA Search & Rescue.doc FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE INSTRUMENT 0 COOPERATIVE AGREEMENT ❑ GRANT 3. INSTRUMENT NUMBER 4. AMENDMENT NUMBER EMW-2004-CA-0448 M001 7. RECIPIENT NAME AND ADDRESS City of Virginia Beach - VA TF-2 Attn: City Manager James Spore 2408 Courthouse Drive Virginia Beach VA 23456 9. RECIPIENT PROJECT MANAGER Walt Hunter (757) 432-4160 11. ASSISTANCE ARRANGEMENT 12. PAYMENT METHOD 0 COST REIMBURSEMENT ❑ TREASURY CHECK ❑ COST SHARING REIMBURSEMENT ❑ FIXED PRICE ❑ ADVANCE CHECK ❑ OTHER M LETTER OF CREDIT 1d ARRIRTANCF AMf)1INT f7:��ILeI�bT�uLel�l►� $973,035.00 AMOUNT THIS ACTION $35, 000.00 TOTAL AMOUNT $1,008,035.00 2. TYPE OF ACTION ❑ AWARD AMENDMENT See Block 21 I W39512BY Federal Emergency Management Agency Financial & Acquisition Management Div Grants Management Branch 500 C Street, S.W., Room 350 Washington DC 20472 Specialist Marilynn Grim (202) 646-3459 10. FEMA PROJECT OFFICER Wanda Casey, 202-646-4013 13. PAYMENT OFFICE Federal Emergency Management Agency Accounting Services Division Disbursement Receivables Branch 500 C Street, S.W., Room 723 Washington DC 20472 15. ACCOUNTING & APPROPRIATION DATA See Continuation Page The purpose of this modification is to provide additional funding to cover travel/administrative costs for the Task Force to attend Task Force Leaders meetings, Working Group meetings and Operations Group meetings. ACCORDINGLY: 1) Article III - Amount Awarded The Amount Awarded is hereby changed from $973,035.00 to $1,008,035.00. 2) The amount obligated is hereby increased by $35,000.00 from $973,035.00 to $1,008,035.00. 3) All other terms and conditions remain unchanged and in full force and effect. END OF MODIFICATION M001. 17. RECIPIENT REQUIREMENT RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUINGIADMIN OFFICE IN BLOCK 8. ❑ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (type name and title) j19. ASSISTANCE OFFICER (Type name and title) James K. Spore, City Manager I Arlene Ramsey Assistance Officer 1 2 2004 APR 85 --k II ( REPLACES EDITION OF JUL JUL-30-2004 20:17 FEMA RR-FR-GM 202 646 4156 P.04 FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 1. ASSISTANCE INSTRUMENT 2. TYPE OF ACTION Q COOPERATIVE AGREEMENT ❑ GRANT Q AWARD ❑ AMENDMENT 3. INSTRUMENT NUMBER A. AMENDMENT NUMBER S. EFFECTIVE DATE 6. CONTROL NUMBER Et4W-2004-CA-0446 See Block 21 W371970Y _.----7.-RECIPIENT_. NAME.AND.ADDRESS._..-_ .._ __. _ ..---.. _ . _. B:ISSUING'4wMI PATION OFFICE __. ._ ....... ........ ... ... ...._ _ .- City of Virginia Beach - VA TF-2 Attn= City Manager James Spore 2408 courthouse Drive Virginia Beach VA 23456 9. RECIPIENT PROJECT MANAGER Walt Hunter (757) 431-4160 11. ASSISTANCE ARRANGEMENT 12. PAYMENT METHOD ❑x COST REIMBURSEMENT ❑ TREASURY CHECK ❑ COST SHARING REIMBURSEMENT ❑ FIXED PRICE ❑ ADVANCE CHECK ❑ OTHER x❑ LETTER OF CREDIT 14. ASSISTANCE AMOUNT PREVIOUS AMOUNT $0.00 AMOUNT THIS ACTION $973,035-00 TOTALAMOUNT 5973,035.00 Federal Emergency Management Agency Financial & Acquisition Management Div Orants Management Branch 500 G Street, S.W., Room 350 Wasbington DC 20472 Speeianst Marilynn Grim (202) 646-34S9 10. FEMA PROJECT OFFICER Wanda Caney, 202-646-4013 13. PAYMENT OFFICE Federal Emergency Management Agency Accounting Services Division Disbursement & Receivables Branch Soo c Street,, S.W., Room 723 Washington DC 20472 15. ACCOUNTING 6 APPROPRIATION DATA 1 16. DESCRIPTION OF PROJECT See continuation Page This is a Cooperative Agreement for the development and maintenance of National Urban Search and Rescue response systems resources. The Task Forces Will be prepared to provide qualified and competent Urban Search and Rescue personnel and equipment in support of ESR-9 activities. Please refer to the Agreement Articles for the Terms and Conditions of this Cooperative Agreement. The Statement of Work (SOW), the attachments to the Sow, the budget and budget narrative are made a part of this cooperative Agreement. Catalogue of Federal Domestic Assistance (CFDA) No. 97.025 applies to this Cooperative Agreement. The Period of Performance is 09/01/04 thrU 09/30/06. End of Agreement. lPIENT REQUIREMENT Q RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUINGIADMIN OFFICE IN BLOCK 8. ❑ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and tide) j 19. ASSIS AN E OFFICER pe name and title 20. SIGNATURE OF RECIPIENT . DATE PIMA Fam 40 21. APR aS Richard Goodman Assistance Officer OF JUL 84 WHICH IS — 2-? _ ••O iFEMA URBAN SEARCH & RESCUI= Rl<SPONSI= PROGRAM US&Ft Program Office FY04 Command Y ehlde Acqui!siti0n Rieview Process TA3GK .FORCE _ -'r� Z I I/K4 The Baitowing considerations are required try conform to the PY2004- Oammffand Vehicle Acguieffion lnitwEve= No Applicatitsr•i confaims to vehicle purdhase guidelines. Vehicle * Sl• V (Suburban -ter ) 4WD Wbpiions • Pickup 4WD + ATVs (GaiorAype) chid* -,diesel 4X6 WD j Gator- ype) vohbto - gas 02 b' O .9 to E,-,Pu.rcirm d it LI in Tel Vr.-helm Purchate Price d $138,036Kcar less? + Ovemge may ba takerl rMM 5gltipn-mntAcgUWI0n or StoregwMaintenance grarvt 3ubaeteg . M Eittendexi cats 0n piCkc0P trur±k$? 0 OUALMhMirc ominu nimiions wiring packages ■ Other ■ 011her — - • Comments: viewed txyr: user ue hJr�:e Yesroo YCSA&, � Ye� Yeslt o ymmo YOSIND ._._---. `Sir�r�lzire ti •• • Dolo f f �F sgnetm-re Uat CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Resolution Referring to the Planning Commission a Proposed Amendment to the Comprehensive Plan Pertaining to the Open Space/Recreation Element for the Transition Area MEETING DATE: December 14.2004 ■ Background: One of the policies of the current of the Comprehensive Plan pertaining to the open space/recreation element for the Transition Area is that landowners are encouraged to utilize the Agricultural Reserve Program (ARP) in the portion of the Transition Area located east of West Neck Creek. The ARP ordinance reflects this policy by limiting the area of the City in which properties are eligible for inclusion in the ARP to the same portion of the Transition Area, as well as the entire area south of Indian River Road. Councilmember Jim Reeve has requested that the ARP be extended to include property in the entire Transition Area, rather than only the portion of the Transition Area located east of West Neck Creek. The ARP would continue to apply to the area of the City south of Indian River Road. ■ Considerations: State law requires that programs such as the ARP be in conformity with the Comprehensive Plan. Thus, if the ARP ordinance is to be amended so as to extend the ARP to the entire Transition Area, the Comprehensive Plan must be amended to reflect that extension. The Comprehensive Plan amendment must be adopted either prior to, or contemporaneously with, the ARP ordinance amendment The proposed Resolution refers to the Planning Commission the necessary amendment to the Comprehensive Plan, specifically, to the Open Space/Recreation element for the Transition Area. If this proposed Resolution is adopted by the City Council, the actual amendments to the ARP ordinance extending the Program to the entire Transition Area will be brought forward to the City Council on the same date as the ordinance amending the Comprehensive Plan. The Resolution also requires the Planning Commission to act on the proposed Comprehensive Plan amendment with 45 days of the date of the adoption of the resolution by the City Council, thereby effectively requiring the Commission to act at its January meeting. ■ Public Information: This Resolution has been advertised as a normal agenda item; the actual Comprehensive Plan amendment will be advertised, along with the other planning items to be heard by the Planning Commission and the City Council, once per week for two successive weeks in the newspaper. ■ Alternatives: The City Council may, if it desires, maintain the status quo by declining to adopt this proposed Resolution. In that event, only properties in the portion of the Transition Area east of West Neck Creek will be eligible for inclusion in the ARP (as well as all properties located south of Indian River Road). ■ Attachments: Resolution, Comprehensive Plan amendment Recommended Action: Submitting DepartmentlAgency: Requested by Councilmember Jim Reeve City Manager: 1 REQUESTED BY COUNCILMEMBER JIM REEVE 2 3 4 A RESOLUTION REFERRING TO THE PLANNING 5 COMMISSION A PROPOSED AMENDMENT TO THE 6 COMPREHENSIVE PLAN PERTAINING TO THE OPEN 7 SPACE/RECREATION ELEMENT FOR THE TRANSITION 8 AREA AND THE AGRICULTURAL RESERVE PROGRAM 9 10 11 WHEREAS, on December 9, 2003, the City Council established the 12 Task Force on Land Use in Air Installations Compatible Use Zones 13 (the "Task Force") and charged it with the duties, among others, 14 to participate in the Joint Land Use Study and "[t]o work 15 cooperatively with the Navy, the Department of Defense, the 16 Congress of the United States, and other components of the United 17 States Government at the highest possible levels to reach mutually 18 acceptable and beneficial solutions by which reasonable development 19 opportunities within the City may be maintained without adversely 20 affecting flight operations or compromising the Navy's mission;" 21 and 22 WHEREAS, one potential means by which the aforesaid goals may 23 be attained is through the use of the City's Agricultural Reserve 24 Program, in which participating property owners sell the 25 development rights to the City for an agreed -upon price and terms 26 of payment, thereby adequately compensating such property owners 27 for the development rights to their properties and simultaneously 28 preserving valuable open space and preventing development that may 29 adversely affect flight operations or the Navy's mission; and 30 WHEREAS, under the current Comprehensive Plan and Agricultural 31 Lands Preservation Ordinance, property located in that portion of 32 the Transition Area located east of West Neck Creek is not eligible 33 for inclusion in the Agricultural Reserve Program; and 34 WHEREAS, the extension of the Agricultural Reserve Program 35 into the portion of the Transition Area east of West Neck Creek 36 would provide an enhanced opportunity for the City to advance the 37 aforesaid objectives it set in creating the Task Force and in 38 participating in the Joint Land Use Study; and 39 WHEREAS, the public necessity, convenience, general welfare 40 and good zoning practice so require; 41 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 42 VIRGINIA: 43 That there is hereby referred to the Planning Commission, for 44 its consideration and recommendation, a proposed amendment to the 45 Comprehensive Plan pertaining to the open space/recreation element 46 for the Transition Area, a true copy of which amendment is hereto 47 attached. 48 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 49 BEACH, VIRGINIA: 50 That the Planning Commission be, and hereby is, directed to 51 transmit to the City Council its recommendation concerning the 52 aforesaid amendment no later than forty-five (45) days after the 53 date of adoption of this Resolution. 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 COMMENT The Resolution refers to the Planning Commission a proposed amendment to the open space/recreation element for the Transition Area set forth in the Comprehensive Plan. The amendment would allow the extension of the area in which properties are eligible for inclusion in the Agricultural Reserve Program to the entire Transition Area, rather than only the portion of the Transition Area east of West Neck Creek. The Resolution also directs the Planning Commission to transmit to the City Council its recommendation concerning the proposed amendment within 45 days of the date of adoption of the Resolution, effectively requiring the Planning Commission to act upon the amendment at its January meeting. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of December, 2004. CA-9447 H:OID\ordres\compplanARPres.doc R-4 December 7, 2004 APPROVED AS TO LEGAL SUF ICIENC City Attorney's Office 3 1 REQUESTED BY COUNCILMEMBER JIM REEVE 2 3 4 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN 5 PERTAINING TO THE OPEN SPACE/RECREATION 6 ELEMENT FOR THE TRANSITION AREA 7 8 WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That the portion of the Comprehensive Plan pertaining to the 13 open space/recreation element for the Transition Area is hereby 14 amended and reordained, to read as follows: 15 CHAPTER FIVE 16 PRINCESS ANNE (formerly the Transition Area) 17 . . . . 18 IMPLEMENTING THE VISION 19 In order to achieve our vision for the Transition Area, 20 critical elements necessary to implement this vision must be 21 defined. This plan identifies four elements: 22 1. Natural Resources 23 2. Open Space/Recreation 24 3. Developmental Design 25 4. Infrastructure 26 The following section outlines key objectives for each element 27 and provides useful recommendations that should be integrated, 1 28 whenever possible, into development plans affecting this important 29 area of the city. 30 . . . . 31 2. OPEN SPACE/RECREATION 32 . . . . 33 Specific recreational and open space amenities associated with 34 the Transition Area must be managed and protected through the 35 following policies: 36 . . . . 37 • Encourage landowners to utilize the Agricultural Reserve 38 Program in the peL=tien ef the Transition Area leeated-east of 39 West Neek—Greek, where opportunities exist. 40 . . . . 41 COMMENT 42 The ordinance amends the Comprehensive Plan's open space/recreation element for the 43 Transition Area. The amendment encourages the use of the Agricultural Reserve Program throughout 44 the entire Transition Area, rather than in only the portion of the Transition Area east of West Neck 45 Creek. 46 47 48 Adopted by the City Council of the City of Virginia Beach, 49 Virginia, on the day of 2005. 50 51 CA-9448 52 H:OID\ordres\compplanARPordin.doc 53 R-1 54 November 23, 2004 55 56 57 APPROVED AS TO LEGAL S FFICIE Cy: 58 r \ 59 60 A6, � Y, 61 City Attorney's Office 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RESOLUTION APPOINTING LARANA J. OWENS AS ASSISTANT CITY ATTORNEY MEETING DATE: December 14, 2004 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: The proposed appointment of LaRana J. Owens will fill a vacancy in the City Attorney's Office. ■ Attachments: Resolution Recommended Action: Submitting Department/Agency: City Manager: Approval City Attornec 1 2 3 A RESOLUTION APPOINTING LARANA J. OWENS AS ASSISTANT CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That, pursuant to § 2-166 of the Code of the City of Virginia 7 Beach, LaRana J. Owens is hereby appointed as Assistant City 8 Attorney, effective January 1, 2005. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA9453 H:\GG\Ordres\Owens.Appointment.Res.doc Rl November 23, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office I. PLANNING — NO ACTION 1. Applications of H&A ENTERPRISES, L.L.C. at the southeast corner of Independence Boulevard and Smokey Road: (DISTRICT 4 — BAYSIDE) a. Change o Zoning from R-7.5 Residential District to Conditional B-2 Community Business District b. Conditional Use Permit for motor vehicle sales RECOMMENDATION: DENY [City Council previously voted to defer this item to January 4, 2005.] Item V-L.6. - 38 - PLANNING ITEM # 53268 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session ofJanuary 4, 2005, Ordinance upon application ofH&AENTERPRISES, L.L.C. fora Conditional Change of Zoning and a Conditional Use Permit: A ND, ORDINANCE UPON APPLICATION OF H&A ENTERPRISES, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL B-2 Ordinance upon Application of H&A Enterprises, L.L. C. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on the southeast corner of Independence Boulevard and Smokey Road (GPINS 147933019400000;14793302900000). 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 - BAYSIDE ORDINANCE UPON APPLICATION OF H&A ENTERPRISES FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES Ordinance upon Application ofH&AEnterprises for a Conditional Use Permit for motor vehicle sales on property located on the southeast corner of Independence Boulevard and Smokey Road (GPINS 147933019400000;14793302900000). DISTRICT 4 — BAYSIDE Voting: 9-0 (By Consent) Council Members Voting Aye: HarryE. Diezel, RobertM. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and James L. Wood November 23, 2004 # I DATE IREQUEST I ACTION 1 10-02-01 Conditional Use Permit (church) Granted 2 05-14-96 Conditional Use Permit (motor vehicle sales) Granted 3 09-24-96 Conditional Use Permit (car wash) Granted 4 06-13-95 Conditional Use Permit (auto repair) Granted 5 05-29-90 Conditional Use Permit (auto repair) Withdrawn 6 07-06-81 Change of Zoning (0-1 Office District to B-2 Denied Community Business District) fa�Ta B�Eac � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: H&A Enterprises — Change of Zoning District Classification and Conditional Use Permit MEETING DATE: December 14, 2004 ■ Background: (a) An Ordinance upon Application of H&A Enterprises, L.L.C. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on the southeast corner of Independence Boulevard and Smokey Road (GPINS 147933019400000;14793302900000). DISTRICT 4 — BAYSIDE (b) An Ordinance upon Application of H&A Enterprises for a Conditional Use Permit for motor vehicle sales on property located on the southeast corner of Independence Boulevard and Smokey Road (GPINS 147933019400000;14793302900000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicant proposes to expand an existing motor vehicle sales facility by incorporating into the existing lot approximately 11,000 square feet of vacant property that is adjacent and to the south of the existing facility. The site plan depicts a vehicle display area of approximately 6,000 square feet. Staff concludes that this request is an inappropriate land use intrusion into a solid block of residentially zoned properties. The proposed zoning is incompatible with the long established single-family residential neighborhood adjacent to this site. While the property to the south of the subject site is currently being used for a commercial use, it is appropriately zoned residential. The existing fortune teller operation at that location is a non -conforming use — a use that has existed for many years and is out of character and contrary to the property's current zoning. It must be noted that the fortune teller's structure is residential in character and that the operation does not generate significant amounts of traffic. Moreover, as a non -conforming use, at some point in the future, the commercial use of the property will cease to exist and residential use will be returned. However, if the applicant's requests were to be approved, the non -conforming use would be given legitimacy and pressure to develop toward the south in a strip commercial development pattern along this portion of Independence Boulevard would undoubtedly increase. H&A Enterprises, L.L.C. Page 2 of 2 Staff's position is that the appropriate and logical stopping point for any commercial or office development is where it is currently located: at the northeast corner of "Smokey Road" and Independence Boulevard. The adjacent and surrounding residential properties are somewhat "challenged" and this use is viewed as intrusive and incompatible with the single-family nature of the adjacent neighborhood and potentially disruptive to the work that has been done by the City's Department of Housing and Neighborhood Development over the past decade to improve the housing stock and quality of life for residents along this portion of Independence Boulevard. The Gracetown neighborhood, formerly designated as a "Target Neighborhood," has overcome many challenges regarding the provision of basic City services to its residents. Federal, state and local funding has enabled this neighborhood to receive basic services and improvements commonplace in most neighborhoods such as decent and affordable housing, paved streets, public utilities, stormwater drainage systems, and sidewalks. This neighborhood has continued to evolve and stabilize since the completion of these infrastructure improvements. Additional commercial expansion into the neighborhood could jeopardize and negatively impact this progress. There was opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 6-5 to deny the requests. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting DepartmentlAgency: City Manager. �-- Planning Department* �O H&A ENTERPRISES, L.L.C. Agenda Items # 24 & 25 October 13, 2004 Public Hearing ffk.w. vA ..l 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: Location and General Information 24) Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District. 25) Conditional Use Permit for motor vehicle sales. Property located at 1608 Independence Boulevard. 14793311110000;14793302900000;14793301830000 4 - BAYSIDE H & A ENTERPRISES Agenda Items # 24 & 25 Page 1 SITE SIZE: 30,259 square feet — existing motor vehicle sales lot; 2,699 square feet — "Smokey Road" lot; 8,652 square feet — proposed motor vehicle display parcel. Total acreage to be rezoned to Conditional B- 2 with a Conditional Use Permit for motor vehicle sales includes 11,351 square feet (both "Smokey Road" lot and the vehicle display area lot). EXISTING The parcel is vacant and exists primarily as a grassed lot. The LAND USE: portion of this request known as "Smokey Road" has an existing asphalt drive. This portion of "Smokey Road" is private property. SURROUNDING North: . Motor vehicle sales, bank / B-2 Community LAND USE AND Business District ZONING: South: . Single-family dwelling with fortune teller operation / R-7.5 Residential District East: . Single-family dwellings, multifamily / R-7.5 Residential District West: . Independence Boulevard Office / 0-2 Office District, B-2 Community Business District NATURAL RESOURCE AND CULTURAL There are no significant environmental features on these parcels. FEATURES: The property is located in the Chesapeake Bay watershed. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal The applicant is proposing to expand an existing motor vehicle sales facility by incorporating into the existing lot approximately 11,000 square feet of vacant property that is adjacent and to the south of the existing facility. A Conditional Rezoning request and a Conditional Use Permit (for the motor vehicle sales) have been submitted. The site plan depicts a display area of approximately 6,000 square feet to place additional H & A ENTERPRISES Agenda Items # 24 & 25 Page 2 vehicles for sale. It is not clear how many vehicles would be able to be displayed as the submitted plan does not fully depict all landscaping requirements for the display area (This is not atypical, as final engineered plans are not normally drawn until City Council approval; however, as this site is small and adjacent to residential properties, these issues bear more importance). Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Compatibility with surrounding land uses and zonings. Consistency with the recommendations of the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recognizes these parcels 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. In a general sense, this means that 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. H & A ENTERPRISES Agenda Items # 24 & 25 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(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. PROFFER # 1 Development of the site will conform to the preliminary site plan of additional parking for "Autoland" located in remainder of Lots 1 &2, map of Bayshore (C.H. Fentress Property) prepared by TES Inc. dated September 23, 2002, and no structures shall be constructed on the property, rather said property shall be used as a display area for the sale of automobiles. PROFFER # 2 The Grantor shall not construct any additional curb cuts on Independence Boulevard and eliminate the Smokey Lane curb cut. PROFFER # 3 The Grantor shall not construct any public address system on said parcel. PROFFER # 4 The Grantor shall construct all lighting to reflect to the interior of the parcel. Staff Evaluation of The proffers do nothing to contribute towards making this Proffers: project exemplary. It was recommended to the applicant that the proffers, at a minimum, attempt to go beyond traditional requirements for commercial properties adjacent to residentially zoned districts; for example, provide additional width to buffers, install additional landscape materials within the buffers, prohibit the use of risers for display of motor vehicles for sale, limit hours of operation, etc. H & A ENTERPRISES Agenda Items # 24 & 25 Page 4 City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated September 10, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends denial of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers does not address each of the 'Major Issues' identified above. The proposal's weaknesses in addressing the `Major Issues' are (1) The applicant's business success has generated a desire for an expansion that Staff believes is an intrusion into a solid block of residentially zoned properties. Staffs opinion is that the proposed zoning is incompatible with the long established single-family residential neighborhood adjacent to this site. While the property to the south is commercial in use, it is appropriately zoned residential. The existing fortune teller operation at that location is a non -conforming use — a use that has existed for many years and is out of character and contrary to the property's current zoning. It must be noted that the fortune teller's structure is residential in character and that the operation does not generate significant amounts of traffic. Moreover, as a non -conforming use, at some point in the future, the commercial use of the property will cease to exist and residential use will be returned. However, if the applicant's requests were to be approved, the non -conforming use would be given legitimacy and pressure to develop toward the south in a strip commercial development pattern along this portion of Independence Boulevard would undoubtedly increase. Staffs position is that the appropriate and logical stopping point for any commercial or office development is where it is currently located: at the northeast corner of "Smokey Road" and Independence Boulevard. The adjacent and surrounding residential properties are somewhat "challenged" and this use is viewed as intrusive and incompatible with the single-family nature of the adjacent neighborhood and potentially disruptive to the work that has been done by the City's Department of Housing and Neighborhood Development over the past decade to improve the housing stock and quality of life for residents along this portion of Independence Boulevard. The Gracetown neighborhood, formerly designated as a "Target Neighborhood," has overcome many challenges H & A ENTERPRISES Agenda Items # 24 & 25 Page 5 regarding the provision of basic City services to its residents. Federal, state and local funding has enabled this neighborhood to receive basic services and improvements commonplace in most neighborhoods such as decent and affordable housing, paved streets, public utilities, stormwater drainage systems, and sidewalks. This neighborhood has continued to evolve and stabilize since the completion of these infrastructure improvements. Additional commercial expansion into the neighborhood could jeopardize and negatively impact this progress. (2) Staff concludes that the proposed expansion and rezoning is inconsistent with the recommendations of the Comprehensive Plan. The Comprehensive Plan's 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. According to the Plan, "Developing a mix of compatible uses either within well -designed structures or well -designed tracts of land should also be considered in this [Primary Residential] area, provided that such action contributes to the quality, attractiveness and livability of the neighborhood." The expansion of the motor vehicle sales operation does little to contribute to improving the aesthetics or adding to the residents' quality of life. The Plan goes on to state that "When making decisions ...it is important to take into account the unique character of the affected neighborhood and make adjustments when necessary to protect it. This is of particular importance when considering issues of density and where non-residential uses are proposed in proximity to established residential uses" (page 90). The Plan calls for the protection of established residential neighborhoods against invasive land uses that, due to their activity, intensity, size, hours of operation or other factors, could potentially destabilize them. The submitted site plan does depict landscape buffers in an attempt to mitigate any negative impacts to adjacent properties; however, buffers and screening should not be viewed as anything other than a last resort to protect the established and challenged neighborhood and should never replace nor be a substitute for good land planning policies. Staff concludes these weaknesses cannot be adequately addressed through changes to the proposal or through additional proffers, and, therefore, recommends denial of the requests. 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. H & A ENTERPRISES Agenda Items # 24 & 25 Page 6 Supplemental Information Zoning History CUP'for Motor Vehicle Sales # I DATE IREQUEST I ACTION 1 10-02-01 Conditional Use Permit (church) Granted 2 05-14-96 Conditional Use Permit (motor vehicle sales) Granted 3 09-24-96 Conditional Use Permit (car wash) Granted 4 06-13-95 Conditional Use Permit (auto repair) Granted 5 05-29-90 Conditional Use Permit (auto repair) Withdrawn 6 07-06-81 Change of Zoning (0-1 Office District to B-2 Denied Community Business District) H & A ENTERPRISES Agenda Items # 24 & 25 Page 7 Public Agency Comments Public Works Master Transportation Plan (MTP): Independence Boulevard in the vicinity of this request is a four (4) lane divided urban arterial. It is designated on the MTP as a 150 foot wide right-of-way with a multi -use trail. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 20 ADT Independence 17,300 40,000 Boulevard ADT' ADT' Pro�osed Land Use — 262 ADT ' Average uauy i rips 2 as defined by 2 single family dwellings permitted by current zoning 3 as defined by proposed expansion Public Utilities Water: There is a 12 inch water main and a 36 inch force main in Independence Boulevard. This site must connect to City water. Sewer: There is an 8 inch sanitary sewer main in Smokey Lane and the end of the line sanitary sewer cleanout on an 8 inch gravity main fronting the property. This site must connect to City sewer. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. H & A ENTERPRISES Agenda Items # 24 & 25 Page 8 Fire and Rescue: I Ade uate — no additional comments at this time. H & A ENTERPRISES Agenda Items # 24 & 25 Page 9 Exhibits Exhibit A Aerial of Site Location H & A ENTERPRISES Agenda Items # 24 & 25 Page 10 U,°8 <�n Exhibit B Proposed Site Plan W r I w w C) Z 3 H & A ENTERPRISES Agenda Items # 24 & 25 Page 11 Exhibit C Photograph of Existing Site H & A ENTERPRISES Agenda Items # 24 & 25 Page 12 �) DISCLOSURE STATEMEi`*IT Exhibit D Disclosure Statement cr other unincorporrt i icers; members, trustoes, I I)ated bus;ness enti' I i i 3! i Rc "n nine; ;. or o;�-C- all cificers, members, ; (I I Hated business entity i i parnership, firm, business, i I H & A ENTERPRISES Agenda Items # 24 & 25 Page 13 DISCLOSURE STATEMEh1T ADDITIONAL DISCLOSURES , List a'i known contractors or businesses that have or will provide services ,vith respect to the requested property use, including but not limited to the providers of architectural services. real estate services, financial services, accounting services and lega, i services: (Attach list if necessary) j CC�' T SL�LTii TBt STWFSw.�i ��, ;d:IN-.tiCI 7 NyCt._ 0N? "CEFT ACE. AUTQ i�W�r, �^ £? -z 1- CO".D'iR. T STALLINGS & BISCHOFF, P.C., REALTY` EXECUTIVES - DENNJS W. RFf-.L,,! C:LIF.FORD .LOVE, III _ . _ ........ nt-subsidiary relationship" r';ea-s "a r2 aiiGnS iip,h,at ex'rsis i;a one i corporation directly or indirectly ow-rs shares possessing more than So Percer, of ,t e voting pov,,er of another corporation." See Stale and Lc a' G' e- ment Cc-tfl * CT ' Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that shoui d be considered in determining the existence of an affiliated business entity re;ationship include that the same person or substantially the same person own or nnanage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of lnterests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsibie for obtaining and posting the required sion on the subject property at leas, 30 days prior to the scheduled Cublic hearing accordin the instructions in this package. Applicant's Sicna:urz r✓;in ya„e . roper;/ `L v:nar s Signature (if different, than applicant, Print NaMe Cord'jona; Ap!a cajcr µme' ys�xAa'2iY..-..wrn1; H & A ENTERPRISES Agenda Items # 24 & 25 Page 14 Item #24 & 25 H&A Enterprises, L.L.C. Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District Conditional Use Permit Southeast corner of Independence Boulevard and Smokey Road District 4 Bayside October 13, 2004 REGULAR Joseph Strange: The next items are Items #24 & 25 H&A Enterprises, L.L.C. An Ordinance upon Application of H&A Enterprises, L.L.C. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community District on the southeast corner of Independence Boulevard and Smokey Road and an Ordinance upon Application of H&A Enterprises, L.L.C. for a Conditional Use Permit for motor vehicle sales on property located on the southeast corner of Independence Boulevard and Smokey Road, District 4, Bayside. Dorothy Wood: Mr. Stallings. Sonny Stallings: Good afternoon Madame Chairman, members of the Commission. I'm Sonny Stallings and I represent the applicant. I just want to tell you briefly. I noticed the date when I opened the file on this case and it was June 2001. This one has been around awhile and nobody's fault here. We had several things that staff along the way had asked us to do. The very first was the fortuneteller to the south property. The structure was encroaching on our property and we were told he had to clear that up and we did. We actually sold some property to her. We thought we were okay and then this whole problem with Smokey Lane came up and we worked with the City Attorney for years on trying to straighten that out. Not his fault of course but Smokey Lane was owned by a lot of people. Tracking them down was a problem but Smokey Lane is a paper street right in the middle of this and staff said you can't split this and have Smokey Lane in the middle and your lot over here so you've got to acquire Smokey Lane. So, throughout a lot of hoops my client did acquire Smokey Lane and I think the City Attorney is now satisfied that we actually own that and were not asking to expand our parking lot for the sale of automobiles. I've read the staff comments and I'm sure you have and we tried to address some of the concerns about noise with no speakers and no lights, and we actually took down and lowered the light poles on the existing structure at the City's request. There were some other things that the City recommended and quite frankly that we had such a hard time getting this ball to the plate, if you will and I said we'll go forward. They mentioned the hours of operation. We currently operate from 9:30 a.m. until 7:00 p.m. and there are no plans to change that. We will be, if approved, eliminating a curb cut. We're not putting any structures up and we're not going to have any lighting shining in the neighborhood and we'll do whatever landscaping the City requires. Whatever they want. We're only planning on parking vehicles for sale on this property. Now does it Item #24 & 25 H&A Enterprises, L.L.C. Page 2 intrude across the street, Smokey Lane and into the residential? I guess physically it does. It is on Independence Boulevard. We got a fortuneteller next door and we got our existing car lot and building next door so we got this parcel in the middle. It really is not practical for single-family development. I really don't think while maybe it does encroach across the mysterious Smokey Lane, it really doesn't have that negative impact on the neighborhood. Now I don't know if we have opposition here or not. I think my client has been there since 1996 and has been a good neighbor. He tells me that he hasn't had any problems in the neighborhood. He hasn't any complaints. All he wants is to have some more room to sell some more cars. It's pretty much that simple. You all know where it is. You've seen where it is. We're asking for approval. Dorothy Wood: Are there any questions for Mr. Stallings? Sonny Stallings: Yes sir. Ronald Ripley: If this was approved to B-2 Community District with a Conditional Use Permit were there any uses that you considered that you could eliminate that are by -right uses that could possibly be objectionable to this neighborhood? Sonny Stallings: We'll eliminate anything but the sale of vehicles. There's no repairs or anything like that? Is that what you mean? Ronald Ripley: Are there uses that are by right in the B-2 District that would be objectionable other than this one? Sonny Stallings: Yes sir. That is all he wants to use it for. Ronald Ripley: Do you go through the staff? Did you all discuss this with staff? Sonny Stallings: No. That really wasn't a concern. I think staff s concern is they put in as it is encroaching into the residential. I think that's their big concern. As a matter of fact, they said even if we address some of the other things, which we're happy to address, they didn't want any cars upon what they call "risers". We don't want risers. We agreed to that. We limited our hours of operation. I don't think that makes staff happy because their concern is well you're spreading out. Ronald Ripley: Staff didn't provide any conditions at all other than that if it was approved. Is that correct? Sonny Stallings: Thank you. Joseph Strange: Speaking in opposition we have Vernon L. Dickens, Sr. Bill Macali: Madame Chairman? Item #24 & 25 H&A Enterprises, L.L.C. Page 3 Dorothy Wood: Yes sir. Bill Macali: Before we get to the next speaker, I think Mr. Ripley you're asking if other uses are available on the property? Dorothy Wood: We'll be right with you sir. Bill Macali: The answer is no. The development of the site will conform to the preliminary plan for additional parking for Auto Land. His language right in the first proffer and if this application is approved they're bound by the proffer. So, that is all the property can be used for. Ronald Ripley: That is all that it can be used for. No other by right uses. Bill Macali: No sir. Dorothy Wood: Yes sir. We appreciate you coming down today sir. Welcome. Vernon Dickens: Good evening. My name is Vernon L. Dickens, Sr. I live at 1488 Independence Boulevard. I come here to represent the Petty Family that lives right behind the property and the property next door, and the majority of the people in the neighborhood. We feel that this business should not encroach into a residential area because it would be like a eating cancer to us. And people keep on coming in because we have a lot of negative people that live out there. They will be selling out and it will keep on spilling down Independence Boulevard. This neighborhood has been there just about 100 years and we would please ask that it stay a residential area. Dorothy Wood: You were here before weren't you? Vernon Dickens: Yeah. I was here before. Dorothy Wood: I remember you. Vernon Dickens: I'm not aware and I can understand this man spent a lot of money but I wasn't aware of how long they've been after this application and I've just been brought on this application last week or so. So I went around to the neighbors that I could catch home. I got a bunch of signatures to deny this application. Dorothy Wood: Thank you. Are there any questions for him? Robert Miller: Do you have a petition signed by neighbors? Vernon Dickens: Yeah. Dorothy Wood: You want it back sir? Item #24 & 25 H&A Enterprises, L.L.C. Page 4 Vernon Dickens: I made a copy. I don't know if you want the original or what? Dorothy Wood: The copy would be fine sir. We'll give it right back to you. Vernon Dickens: I don't need it back. Dorothy Wood: You don't need it back? Vernon Dickens: I'll give you the houses that I visit. Do you need that? Dorothy Wood: Are they all around the property sir? Vernon Dickens: Yeah. Just about all the way around. Just about four houses that I couldn't catch on Independence Boulevard and three houses just about directly and across from it and back in down Fuller, Frost, Winter, Cullen and just about every one of the streets in the neighborhood. Dorothy Wood: Thank you sir. We appreciate you coming. Mr. Stallings. Sonny Stallings: Well, I think this last gentleman kind of sums it up. It's a philosophy. And really what we're objecting to I didn't hear him say that parking cars on this vacant lot is going to negatively impact anybody back on Forest Lane because in reality it's just not. They don't like the idea that it is the spread. It's the old domino theory I guess. They probably don't like the fact that J.B Gallery of Girls is on the next corner. They don't like the fact that the fortuneteller is there but we got Independence Boulevard and there's commercial on it. My client has been a good neighbor there for 7 years with no problems and he wants some more room to park cars. If you think it's an encroachment then you vote against it. If you think it's a reasonable use of this lot, which really is not going to be used for single-family homes. There are two lots actually. You could put two single- family houses there with two more curb cuts on Independence Boulevard. We're going to eliminate a curb cut. So, I think you got the flavor of it. Dorothy Wood: Thank you Mr. Stallings. Mr. Crabtree then Mr. Ripley. Eugene Crabtree: I see this as exactly like the one that we previously discussed as an encroachment on the neighborhood. Independence Boulevard is no different than Kempsville Road. So, I voted for it on Kempsville Road so I'm going to support this one. Dorothy Wood: Mr. Ripley. Ronald Ripley: Mr. Scott? The Smokey Lane. Does the public have any interest in that? Bill Macali: Mr. Ripley, we can answer that. We looked at it and determined that there is no public interest in it. The City doesn't own it. It was owned by a number of people Item #24 & 25 H&A Enterprises, L.L.C. Page 5 privately. The applicant was then required then to acquire all their interest. So, it is my understanding that its Smokey Lane. The applicant is supposed to have sole title to the portion of Smokey Lane, which is included in this application. The City has no interest in it. It's not a public street. Ronald Ripley: As I mentioned in the informal meeting, I was undecided coming here as to exactly what we should do with this piece. I wanted to hear from counselor and to hear what the neighborhood said. When I looked at the property you could make a case for them either way. You wouldn't think that the roads along Independence Boulevard with the shallow depth would develop into them. I could remember my neighbor who passed away and I remember I mentioned this once before, she complimented the Planning Commission, Planning and staff and housing agency or the City for taking this neighborhood and creating to where it was to where it is today. It's a nice neighborhood with beautiful homes but it's a pretty nice neighborhood. When I read the staff write up and it is clear in the write up and when you physically look at it, I can go either way. I look at this piece in think in terms would it really make more sense to put more houses on this? When you look at the back of it you have this road that dead ends to the back of the property with the houses in the back. This one is an easier case to make I think than Item #3. Item #3 really seemed to be and it was a home that was adjacent to difficult apartment parcel of the neighborhood and this is kind of just drawing it away in my mind. I'm inclined to agree with the applicant on this. I think it's a logical move when you extend Lakeside Road across the street and look at the 0-2, B-2 next to it. I'm inclined to agree with this too. I'll be supporting this application. Dorothy Wood: Mr. Miller. Robert Miller: I think there was a considerable amount of City money with perhaps other money put into that neighborhood. That neighborhood has really come alive. It is a great neighborhood. You can tell when you drive through there is a lot of pride that people in the neighborhood and you can tell how well it's been done. I remember that we had a couple of lots perhaps this next street down or another street down where we asked them to bring in their entrances off the side roads instead of off Independence and since then we may have had one or two others where we've had single-family lots fronting on Independence Boulevard. I certainly I'm not encouraged to have two more single-family lots fronting on Independence Boulevard. I don't know how. What does the person next door do? I forgot what he said. Sonny Stallings: Fortuneteller Robert Miller: I don't know how she got there but I guess that has been a long-standing use that we've agreed with. I think Mr. Dickens is concerned about this spreading like a cancer further down Independence Boulevard. I think the neighborhood is more resilient and I think what we've seen more recently is that the people that have built on Independence Boulevard and all those houses in there, there has been a conscientious decision that we're going to do this. The driveways are set up so you can pull off of Item #24 & 25 H&A Enterprises, L.L.C. Page 6 Independence and back up and move around so people are safe and are able to move around in that corridor. So, I don't see it quite as bad. I think you would have said so if it had not been true that this operation has been a good neighbor in other ways as far as the automobile industry. I assume you would have said that they were terrible or they've done other things. But I don't they have been. I think Mr. Stalling's point of the limitations of the Conditional Use to put cars here is simply to park cars here. I'm not sure of remembering this one but we've had several car dealers that intend to take advantage of our City right-of-way. I'm sure your client is not one of those but I'm more inclined to support this. I feel very good that this neighborhood is very, very strong and will continue to be strong. Dorothy Wood: Jan. Janice Anderson: I'm a little reluctant with the change of zoning because of the intrusion of the neighborhood. This is a B-2 even though it is indicated that they're would be happy to do whatever buffering between the neighbors and everything. It is not proffered in here. Especially with a B-2 right next to a neighborhood with no conditions on screening, landscaping. I think that's been required of every other B-2 zoning next to a neighborhood and this is just vacant in this application. I would never go forward on change of zoning to a B-2 without that kind of information depicted. Robert Miller: I think it's on there if you look at the site plan. They identify 15-foot landscape buffer around the sides. Janice Anderson: Okay. That's only in the site plan but it is usually spelled out in the proffers or conditions. Also with the B-2, I understand that this is supposed to be used for auto sales that would be in the proffer but as we know the proffers can be to changed and put a building there or something or down the road. If you specifically say these uses shall not ever be used on the property because of a proffer sends a stronger message for a change down the road. Even with the B-2 with those conditions I don't know if I would be supportive. I believe the neighborhood and just with their petition that they supported that they do believe that it would bring intrusion to the neighborhood. There are other houses residential on Independence Boulevard that are thriving that neighborhood has come back as everybody has stated and there has been some effort with that. Especially the way the application is now I definitely wouldn't support the change of zoning. Dorothy Wood: Thank you Jan. William Din: I think this is a good case also that changing it from a B-2 is more intrusion of this neighborhood. The previous one being an office was less intrusive. With this issue I think we draw the line here and not allow this intrusion. I will not be supporting this. Dorothy Wood: Is there anyone else? Item #24 & 25 H&A Enterprises, L.L.C. Page 7 Ronald Ripley: Can I make a motion? Dorothy Wood: I wish you would. Ronald Ripley: A motion to approve the application. Robert Miller: Second. Dorothy Wood: A motion by Mr. Ripley and seconded by Mr. Miller. AYE 5 NAY 6 ABS 0 ABSENT 0 ANDERSON NAY CRABTREE AYE DIN NAY HORSLEY NAY KATSIAS AYE KNIGHT NAY MILLER AYE RIPLEY AYE STRANGE NAY WALLER AYE WOOD NAY Ed Weeden: By a vote of 5-6, the application is denied. Dorothy Wood: Thank you for coming down. Sonny Stallings: Thank you. Robert Miller: Does there need to be another motion if we deny this? I think there does. Does it not? The favorable motion was defeated but wouldn't we have to have a motion to deny? Bill Macali: I don't think that is necessary to be very honest. Sonny Stallings: We'll accept this as a denial 6-5. Bill Macali: There has to be an affirmative vote of six members to recommend an approval. Dorothy Wood: Thank you. Oct 13 04 07:57a RUYDINGCO 4333104 p.2 Page 1 of 1 Planning Commission We feel that the rezoning of the lot on the southeast comer of Independence and Smokey Rd. GPins 147933019400000;14793302900000 should be rejected for the following reasons. There car business now has very high lights that stay on all night. These lights have caused the town homes behind the business to put extra shades and blinds up without them you can not sleep it so bright in our bedrooms these lights are a nuisance, We can not sit out and enjoy our backyards at night it is so bright. You can read a book outside at midnight. , A lot of the cleaning of the car is done on weekends when everyone is home. The employees use very foul language. We have children who can not go in there back yard without hearing this. They turn the radios up so loud it rattles the windows in our homes. We have asked them to turn them down they just ignore us. There vacuum system is inside the building they leave the over head door open when cleaning the cars. It sounds like a small jet engine and run for hours at a time. The men working there smoke pot while cleaning the cars you can smell it on most weekends. They unload cars at all hours of the night even at 3 & 4 AM in the parking lot behind use. This wakes up the whole street. Every Wednesday morning at AM the trash truck pick up there dumpster and again the banging wakes us up. We need good business in Virginia Beach and they need to grow but it works both ways by putting more car's on there lot means more lights, noise, more nuisance we do not need this. We have spoken to all home owners from 4715 to 4723 Donelson Rd. which are in agreement and they all agree enough is enough. Thank You Hermitage Townhouse Civic League President Gregory D. Fisher 4721 Donelson Rd. Virginia Beach Virginia 23455 460-0832 junomsg://00822AE0/ 10/12/04 Oct 13 04 07:57a RUYDINGCO 4333104 p.l I Q r m m co w O U 4J L O G O Mn E O U rn c C m 0. O s 0 0 0 N O O N Q 7 U O w C m 0 O N O O NNN N Y 0 m N CD .0 E 0 m U a n m 0 U O .Q 0 A cm C O . 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N 6N -E O N CL O N � � N Y T Y O W E � U � o N J N p � C W W N W Q Y O c _ O c C � a O O -a O U_ O to C. j Z N C cv 3 0 o N N � w C L O O 3 O N p CO C C •.+ C aJ V C c N U C7 C (D v N a) rn N m t zi U +. _ U C C L to r' S � i 1 0 O CV O O CV (1 O W C m O O CV O O CV U O a� m c O c C O .0 U .Q a m 0 U a) O rn C O C 3 0 a) V C� 0 cN C N U a) L C O a) Ci Cn E _ Cc N C O � m a U m L7 O C m N v -- i -. ..,(- N) O b ::Z) O � ` rl ) 1 v f v � d V �i w�L Zt- Ln • V 1 In Reply Refer To Our File No. DF-5407 TO: Leslie L. Lilley FROM: William M. Macali RE: Conditional Zoning Application H&A Enterprises, LLC CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 15, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2004. I have reviewed the subject proffer agreement, dated September 1-0, 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 €c:• Kathleen Hassen TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 10th day of September, 2004 by and between H & A ENTERPRISES, LLC., (owner in fee simple), Grantor, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee; WITNESSETH THAT: WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to rezone Grantor's property, from R-75 to B-2 Conditional on certain property located in the Bayside District, in the City of Virginia Beach, Virginia; said property being more particularly described in the attached Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, including a specific conditional purpose for the development of the property with strictly limited uses rather than the existing uses Prepared by: STALLINGS & BISCHOFF, P.C. 2101 Parks Avenue, Suite 801 Virginia Beach, VA 23451 (757) 422-4700 GPIN 14793311110000 (Lot 2) GPIN 14793301850000 (Lot 1) GPIN 14793302900000 (Smokey Lane) allowed by the existing B-2 zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the B-2 zoning classification are needed to cope with the situation to which the Grantor's proposed development 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 in the B-2 Zoning District or zone by the existing overall City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation fo such instrument; provided, further, that said instrument is consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a 2 resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for himself, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title, namely: The following shall be substantially adhered to, however, 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, including the City Arborist, to meeting all applicable City Code requirements; 1. Development on the site will conform to the preliminary site plan of additional parking for "Autoland" located in remainder of Lots 1 & 2, map of Bayshore (C.H. Fentress Property) prepared by TES Inc. dated September 23, 2002, and no structures shall be constructed on the property, rather said property shall be used as a display area for the 3 sale of automobiles; 2. The Grantor shall not construct any additional curb cuts on Independence Boulevard and eliminate the Smokey Lane curb cut. 3. The Grantor shall not construct any public address system on said parcel. 4. The Grantor shall construct all lighting to reflect to the interior of the parcel. 5. It is recognized that further conditions may be required during the application of City ordinances and that there will be detailed site plan review to meet all applicable City codes, and that further conditions may, be required during the administration of applicable City ordinances. 6. All references hereinabove to requirements and regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. 7. 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, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with 0 such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to 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 subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and Grantee. Witness the following signature and seal. H & A ENTERPRISES, LLC. By: �• /� 4�(SEAL) AMID ABDOLAHZAD , Manager and Sole Metber 1 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, TO -WIT: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that H & A ENTERPRISES, LLC, by HAMID ABDOLAHZADEH, Manager and Sole Member, whose name is signed to the foregoing instrument, bearing date on the 10th day of September, 2004, has acknowledged the same before me in the jurisdiction aforesaid and who is personally known tome or has produced a 'VA as identification. Given under my hand this � ay of Y , 2004. My commission expires: 9 _seMILT me-t EXHIBIT A ALL THAT certain tract, piece or parcel of land, approximately 16 feet wide and 175 feet in length commonly known as "Smokey Lane", with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and more particularly bounded and described as follows: BEGINNING at apin being the southernmost point ofParcel A and adjacent to Independence Boulevard as shown on the plat entitled "Subdivision of Five Parts, Inc., Bayside Borough, Virginia Beach, Virginia" dated June 16, 1968 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 76 Page 21, thence North 53' 32' 17" East approximately 175.0 feet to a pin which is the easternmost point in Parcel A, thence South 43' 32' 22" East approximately 16 feet to the Eastern side of the 16 foot lane as shown on the plat, thence South 53' 32' 17" West approximately 175.0 feet to a pin at the right of way for Independence Boulevard, thence Northwest approximately 16 feet along Independence Boulevard to the point of beginning. GPIN NO. 1479 33 0290 0000 ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lots One (1) and Two (2), in Block One (1), as shown on the plat entitled "Map of Bay Shore Property of C. H. Fentress", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6 at Page 264. LESS, SAVE AND EXCEPT that portion of the above property taken by the City of Virginia Beach, Virginia for the construction, maintenance and widening of Independence Boulevard, as shown on that certain plat recorded in the aforesaid Clerk's Office in Highwa Plat Map Book 4, Page 10. GPIN 14793301850000 (Lot 1) GPIN 14793311110000 (Lot 2) PLANNING Application of J. M. SYKES, INC. for expansion of a Nonconforming Use re existing office space at 614 10'h Street. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 2. Applications of DEFORD COMPANIES, INC. at 3500 Glen Arden Road: (DISTRICT 2 — KEMPSVILLE): a. Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) re extension of LeCove Drive b. Conditional Use Permit re community boat dock RECOMMENDATION: 3. Application of STEPHEN LETOURNEAU for a Conditional Use Permit re automobile repair garage at 156A Chestnut Avenue. (DISTRICT 3 — ROSE HALL) (Deferred by City Council on December 7, 2004). RECOMMENDATION: 4. Application of THORNTON VIRGINIA LAND TRUST for a Conditional Use Permit re fuel sales in conjunction with a convenience store (Wawa) at 1706 Virginia Beach Boulevard. (DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL 5. Application of HOLLIS ROAD ASSOCIATES for a Change of Zoning from R-1 Residential District to Conditional R-10 Residential District with a PD-H2 Overlay 4704 and 4728 Indian River. (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 6. Applications of CITY VIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 — LYNNHAVEN): a. Change o Zoning from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi -Family dwellings, Grocery Stores, Carry -Out F Stores and Convenience Stores RECOMMENDATION: APPROVAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: J.M. Sykes, Inc. — Expansion of a Nonconforming Use, 61410th Street MEETING DATE: December 14, 2004 ■ Background: An Ordinance upon Application of J. M. Sykes, Inc. for the Expansion of a Nonconforming Use on property located at 614 10th Street (GPIN 24270430680000). DISTRICT 6 — BEACH. ■ Considerations: The subject site is part of the applicant's existing complex, which consists of office and warehouse uses associated with his home building business. Office - warehouse is not a permitted use within the RT-3 Resort Tourist District and thus, the existing complex is a non -conforming use as provided for in Section 105 of the City Zoning Ordinance. The renovation and expansion of the building on the subject site must be approved by the City Council under the provisions of Section 105. The applicant proposes to renovate an existing, dilapidated structure for office - warehouse space. The warehouse portion of the structure will be used for creating wood moldings (trim, banisters, etc.) and doors and cabinets (to a limited degree). The resulting two (2) story structure will be approximately 6,300 square feet. The elevation depicts an attractive, reddish brick exterior with overhead (garage style) doors along the west facing fagade. ■ Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use may be modified or expanded only if the City Council finds that the proposed use, as modified or expanded, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." This area of the Oceanfront between Norfolk Avenue and 9th Street has historically been a commercial and semi -industrial activity node, primarily due to its relationship to the railroad, which was located on the northern side of Norfolk Avenue. The applicant's proposal continues that use, but lessens the overall potential negative affect of the use on the surrounding neighborhood through the modernization of the building and machines, including sound attenuation designed to achieve sound levels commonly associated with residential settings. J.M. Sykes, Inc. Page 2 of 4 Staff concludes that the proposed modification will be "equally appropriate or more appropriate to the district than is the existing nonconformity." The proposed modification is reasonable and is recommended for approval with conditions, recommended below, that will require appropriate noise attenuation, architectural controls and limited access, etc. 1. When the property is developed, it shall be substantially consistent with the conceptual site plan entitled, " SYKES BUILDING," prepared by Gallup Surveyors & Engineers, dated November 23, 2004, in terms of building location, parking, etc., with the exception of providing a one (1) foot no ingress/egress easement along the southern property line to be shown on the final site plan. 2. When the structure is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Elevation Studies, Red Colored Brick," dated November 17, 2004, and "Tidewater Architectural Millwork," dated November 22, 2004. 3. Sound attenuation devices and construction practices shall be utilized within the building and on the dust collection system and other machinery, as applicable, to achieve an exterior noise rating of no more than 55 decibels as measured at the property line. Said devices and practices shall be included with the architectural plans and the final site plan submittals along with documentation to demonstrate the legitimacy of the noise rating. 4. Category II landscape screening shall be installed, within a 15 foot wide buffer area, along the southern property line. In addition, to provide for a quality appearance and to enhance noise abatement, a six (6) foot high, solid privacy fence shall also be installed to the north of the landscape materials. 5. No overhead garage doors shall be installed on the southern fagade of the building. 6. All overhead garage doors and pedestrian doors shall remain closed at all times other than for the ingress/egress of vehicles and people. 7. All production, milling, etc. shall take place inside the building. 8. Outside storage or display of materials, equipment, vehicles, parts, or finished goods shall not be permitted. 9. The dumpster shall be located directly behind the building, adjacent to the southern fagade, as far away from the southern property line as possible and not within the 15 foot wide landscape buffer. 10. Foundation landscaping shall be installed as required by the City of Virginia Beach Zoning Ordinance along the northern facade, facing 10th J.M. Sykes, Inc. Page 3 of 4 Street. Along the northern fagade, this landscaping shall be extended to the west to the end of the first parking space (parallel to 10t" Street) to aid in screening the parking area. 11.A photometric/lighting plan shall be submitted for review and approval by City staff during final site plan review. ■ Attachments: Staff Review Disclosure Statement Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: I A RESOLUTION AUTHORIZING THE EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 614 3 10" STREET, IN THE BEACH DISTRICT 4 5 WHEREAS, J. M. Sykes, Inc. (hereinafter the "Applicant"), 6 has made application to the City Council for authorization to 7 expand a nonconforming use, offices and warehouses, situated on 8 a certain lot or parcel of land having the address of 614 loth 9 Street, in the RT-3 Resort Tourist District; and 10 WHEREAS, the said use, offices and warehouses, is not a 11 permitted use in the RT-3 Resort Tourist District, but is 12 already existing on the parcel and is a nonconforming use; and 13 WHEREAS, pursuant to Section 105 of the City Zoning 14 Ordinance, the expansion of a nonconforming use is unlawful in 15 the absence of a resolution of the City Council authorizing such 16 action upon a finding that the proposed use, as expanded, will 17 be equally appropriate or more appropriate to the zoning 18 district than is the existing use; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That the City Council hereby finds that the proposed use, 22 as expanded, will be equally appropriate to the district as is 23 the existing use. 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That the proposed expansion of the Applicant's use of the 27 parcel is hereby authorized, upon the following conditions: 28 1. When the property is developed, it shall be 29 substantially consistent with the conceptual site plan entitled, 30 "SYKES BUILDING," prepared by Gallup Surveyors & Engineers, 31 dated November 23, 2004, in terms of building location, parking, 32 etc., with the exception of providing a one (1) foot no 33 ingress/egress easement along the southern property line to be 34 shown on the final site plan. 35 2. When the structure is constructed, it shall be in. 36 substantial conformance with the submitted elevations entitled, 37 "Elevation Studies, Red Colored Brick," dated November 17, 2004, 38 and "Tidewater Architectural Millwork," dated November 22, 2004. 39 3. Sound attenuation devices and construction practices 40 shall be utilized within the building and on the dust collection 41 system and other machinery, as applicable, to achieve an 42 exterior noise rating of no more than 55 decibels as measured at 43 the property line. Said devices and practices shall be included 44 with the architectural plans and the final site plan submittals 45 along with documentation to demonstrate the legitimacy of the 46 noise rating. 47 4. Category II landscape screening shall be installed, 48 within a 15 foot wide buffer area, along the southern property 2 49 line. In addition, to provide for a quality appearance and to 50 enhance noise abatement, a six (6) foot high, solid privacy 51 fence shall also be installed to the north of the landscape 52 materials. 53 5. No overhead garage doors shall be installed on the 54 southern fagade of the building. 55 6. All overhead garage doors and pedestrian doors shall 56 remain closed at all times other than for the ingress/egress of 57 vehicles and people. 58 7. All production, milling, etc. shall take place inside 59 the building. 60 8. Outside storage or display of materials, equipment, 61 vehicles, parts, or finished goods shall not be permitted. 62 9. The dumpster shall be located directly behind the 63 building, adjacent to the southern fagade, as far away from the 64 southern property line as possible and not within the 15 foot 65 wide landscape buffer. 66 10. Foundation landscaping shall be installed as required 67 by the City of Virginia Beach Zoning Ordinance along the 68 northern fagade, facing loth Street. Along the northern fagade, 69 this landscaping shall be extended to the west to the end of the 70 first parking space (parallel to loth Street) to aid in screening 71 the parking area. 72 11. A photometric/lighting plan shall be submitted for 73 review and approval by City staff during final site plan review. 74 75 76 Adopted by the Council of the City of Virginia Beach on the day of December, 2004. CA-9454 OID\Ordres\nonconforming-sykes.doc R-1 November 30, 2004 APPROVED AS TO CONTENT: Plannin Department APPROVED AS TO LEGAL SUFFICIENCY: t City Attorney's Office 2 J.M. Sykes, Inc. Page 3 of 3 Non -Conforming Use �6 yML J.M. SYKES, INC. December 14, 2004 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 City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Change to a Non -Conforming Use to renovate an existing structure for use as an office -warehouse within the RT-3 District. LOCATION: Property located at 614 10tn Street. Non -Conforming Use GPIN: 24270430680000 COUNCIL ELECTION DISTRICT: 6 — BEACH SITE SIZE: 18,000 square feet J.M. SYKES, INC. Page 1 EXISTING LAND USE: Vacant, dilapidated structure SURROUNDING North: • 10th Street, mixed retail / 1-1 Light Industrial District LAND USE AND . 9tr' Street, single-family dwellings / R-5S ZONING: South: Residential District • Convenience store, Laundromat, multifamily units / East: RT-3 Resort District West: . Office / RT-3 Resort District NATURAL RESOURCE AND CULTURAL The property is located within the Chesapeake Bay watershed. There FEATURES: are no significant natural resources on the site. AICUZ: The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Summary of Proposaf The subject site is part of the applicant's existing complex, which consists of office and warehouse uses associated with his home building business. Office -warehouse is not a permitted use within the RT-3 Resort Tourist District and thus, the existing complex is a non -conforming use as provided for in Section 105 of the City Zoning Ordinance. The renovation and expansion of the building on the subject site must be approved by the City Council under the provisions of Section 105. The applicant proposes to renovate an existing, dilapidated structure for office - warehouse space. The warehouse portion of the structure will be used for creating wood moldings (trim, banisters, etc.) and doors and cabinets (to a limited degree). The resulting two (2) story structure will be approximately 6,300 square feet. The elevation depicts an attractive, reddish brick exterior with overhead (garage style) doors along the west facing facade. J.M. SYKES, INC. Page 2 Comprehensive Plan The Comprehensive Plan designates this parcel as being within the Resort Area. The Oceanfront Resort Area Concept Plan identifies this site as being part of "Subarea G — Residential Neighborhoods." Staff Evaluation The applicant's proposal includes the use various machines within the new building. The applicant has described the machinery that will be used to create the molding, etc. as "state of the art" with a dust collecting system that when insulated, will generate approximately 55 decibels, roughly the sound of an air conditioner. The dust from the operation will be collected via hoses that will deliver the sawdust to a fully enclosed hopper located in the rear of the building. From the hopper, the material will be dropped into a trailer that will be located within the enclosure, for off -site transport by a pick-up truck. According to the applicant, supplies and materials will be delivered to the site approximately once per week. The materials will be off loaded via a fork lift, typical of what is used within a warehouse or home center store. The renovated and expanded building is proposed as a steel frame with masonry construction — concrete block with brick facades. Glass is proposed at the top of the east, west and north facades to provide natural light into the building. The rear (south) fagade will have wood above the brick, rather than glass, to provide added noise insulation. Staff concludes that the proposed expansion of the non -conforming use is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. This area of the Oceanfront between Norfolk Avenue and 9th Street has historically been a commercial and semi -industrial activity node, primarily due to its relationship to the railroad, which was located on the northern side of Norfolk Avenue. The applicant's proposal continues that use, but lessens the overall potential negative affect of the use on the surrounding neighborhood through the modernization of the building and machines, including sound attenuation designed to achieve sound levels commonly associated with residential settings. Staff, therefore, recommends approval of this request to expand a non -conforming use with conditions, recommended below, that will require appropriate noise attenuation, architectural controls and limited access, etc. J.M. SYKES, INC. Page 3 Conditions 1. When the property is developed, it shall be substantially consistent with the conceptual site plan entitled, " SYKES BUILDING," prepared by Gallup Surveyors & Engineers, dated November 23, 2004, in terms of building location, parking, etc., with the exception of providing a one (1) foot no ingress/egress easement along the southern property line to be shown on the final site plan. 2. When the structure is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Elevation Studies, Red Colored Brick," dated November 17, 2004, and "Tidewater Architectural Millwork," dated November 22, 2004. 3. Sound attenuation devices and construction practices shall be utilized within the building and on the dust collection system and other machinery, as applicable, to achieve an exterior noise rating of no more than 55 decibels as measured at the property line. Said devices and practices shall be included with the architectural plans and the final site plan submittals along with documentation to demonstrate the legitimacy of the noise rating. 4. Category II landscape screening shall be installed, within a 15 foot wide buffer area, along the southern property line. In addition, to provide for a quality appearance and to enhance noise abatement, a six (6) foot high, solid privacy fence shall also be installed to the north of the landscape materials. 5. No overhead garage doors shall be installed on the southern facade of the building. 6. All overhead garage doors and pedestrian doors shall remain closed at all times other than for the ingress/egress of vehicles and people. 7. All production, milling, etc. shall take place inside the building. 8. Outside storage or display of materials, equipment, vehicles, parts, or finished goods shall not be permitted. 9. The dumpster shall be located directly behind the building, adjacent to the southern facade, as far away from the southern property line as possible and not within the 15 foot wide landscape buffer. J.M. SYKES, INC. Page 4 10. Foundation landscaping shall be installed as required by the City of Virginia Beach Zoning Ordinance along the northern facade, facing 10th Street. Along the northern facade, this landscaping shall be extended to the west to the end of the first parking space (parallel to 10t" Street) to aid in screening the parking area. 11.A photometric/lighting plan shall be submitted for review and approval by City staff during final site plan review. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes. J.M. SYKES, INC. Page 5 Supplemental Information Zoning History # I DATE IREQUEST I ACTION 1 05/13/85 Change of Zoning (R-7 Residential District to B-4 Granted Business District) 2 11/28/83 Conditional Use Permit (duplex) Denied 3 06/06/83 Conditional Use Permit (duplex) Denied 4 11/16/81 Conditional Use Permit (church addition) Granted J.M. SYKES, INC. Page 6 5 05/08/01 Change of Zoning (A-12 Apartment District to R-5S Granted Residential District) 6 06/27/00 Enlargement to a Nonconforming Use (duplex) Granted 7 01/23/96 Change of Zoning (A-12 Apartment District to RT-3 Granted Resort District) 8 03/09/93 Change of Nonconforming Use (wholesale sandwich Denied preparation and distribution and clothes manufacturing) Public Agency Comments Public Works Master Transportation Plan (MTP): Norfolk Avenue is a two (2) lane, collector facility. There is no data for 10th Street. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic to No data No data Existing Zoning — 10 Street available available 12 ADT 13,479 6,200 —11, Norfolk Avenue , 100 Proposed Land ADT ADT' Use 3— 80 ADT Average Daily Trips 2 as defined by RT-3 zoning 3 as defined by office warehouse Public Utilities Water: There is a six (6) inch water main in 1 Oth Street and a four (4) inch water main in 9th Street. This site must connect to City water. Sewer: There is an eight (8) sanitary sewer main in both 10 and 9 Streets. This site must connect to City sanitary sewer. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and J.M. SYKES, INC. Page 7 strategies as they pertain to this site. Fire and Rescue: I Adequate — no additional comments. J.M. SYKES, INC. Page 8 Exhibit B Existing Site Survey (M/b ,0S) A38iS 410 L I i ejM�e l � -y13w $ o; o I � 1 I of -' I I i [Sy_ ?vC2 j (M/8 ,09) A361S y}s J.M. SYKES, INC. Page 10 Exhibit B - 2 Proposed Site Plan Z dcb- VZ M/6 09 1332i!S ­'4!01' 2—.' aC4, 4t zr-zy =G:: at .3. awl" 'k a;-_ in ie—'3 Ir ift 5h A T A.;z 3z" C- 7—D evis Lw'� 'tie U36U M/6 .09 1332US -4146 J.M. SYKES, INC. Page 11 Exhibit C -1 Proposed Building (Rendering) J.M. SYKES, INC. Page 12 i j... Exhibit C - 2 Proposed Building (North and South Elevation) J.M. SYKES, INC. Page 13 Exhibit C - 3 Proposed Building (West Elevation) J.M. SYKES, INC. Page 14 F- z tiJ `W . r (n w O U, z Li 2 Ll F-' V11 u Ln O U uO r. 77 zm- ZO j O \ t- t' - _ .. _ J ._ _ ._ V' ,• _ C, > o c v Exhibit D -1 Disclosure Statement = C _ -L mac-- U _ j l V 1 Cr ., J.M. SYKES, INC. Page 15 Zoning History Subdivision Variance # I DATE IREQUEST I ACTION 1 08/12/97 Subdivision Variance Granted 2 02/25/97 Subdivision Variance Granted 3 01/23/96 Reconsideration of Conditions Granted 02/08/82 Subdivision Variance Granted 4 10/29/91 Conditional Use Permit (home occupation) Granted 5 4/10/89 Subdivision Variance Withdrawn 6 10/05/87 Subdivision Variance Granted 7 05/09/83 Subdivision Variance Granted rpG� N BFAC (" yi �v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DeFord Companies, Inc. — Subdivision Variance and Conditional Use Permit (community pier) MEETING DATE: December 14, 2004 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for DeFord Companies, Inc. Property is located at 3500 Glen Arden Road (GPIN 14561917470000). DISTRICT 2 - KEMPSVILLE An Ordinance upon Application of DeFord Companies, Inc. for a Conditional Use Permit for a community pier on property located at 3500 Glen Arden Road (GPIN 14561917470000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The existing lot is 10.11 acres and currently is provided access via a sliver of property, off of Glen Arden Road and abuts an existing cul-de-sac, Le Cove Drive. The proposal depicts an extension of Le Cove Drive to provide access to the proposed lots. It is this proposed right-of-way that will not meet the Public Works Standards and Specifications. The road is depicted as a 40 foot right-of- way with 24 feet of pavement and no curb and gutter. The existing Le Cove Drive does currently meet the standards of a 50 wide right-of-way with 30 feet of paved travel lane and curb and gutter. The minimum front yard setback when adjacent to a 40 foot right-of-way is 35 feet as opposed to 30 feet for a typical 50 foot wide right-of-way. So, the desire to pull all development as far from the environmentally sensitive features is contrary to the Zoning Ordinance's requirement of an increased setback. According to the applicant, Board of Zoning Appeals variances will be sought to pull the single-family dwellings away from the environmentally sensitive portions of the property, toward the street into the 40 foot front yard setback. A Conditional Use Permit is also being sought for a Community Boat Dock proposed on the lot at the terminus of the new cul-de-sac. As this lot is proposed with substandard lot width of approximately 34 feet, and as such, a Subdivision Variance is also required in order to legally create this parcel. The minimum lot width for parcels within the R-10 Residential District is 100 feet. The lot with the Community Boat Dock will be owned and maintained by the Homeowners' Association. DeFord Companies, Inc. Page 2 of 2 The Planning Commission placed this item on the consent agenda because it is compatible with land uses in the area, Staff recommended approval, and there was no opposition to the requests. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests with the following conditions: The road, site layout, and location of the community boat dock shall be in substantial conformance with the conceptual plan entitled, "Remaining Part of Subdivision of D.M. Bowman Property for Robert Deford," prepared by Kellam Gerwitz Engineering Surveying & Planning, dated, September 14, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Other than as directed by the Chesapeake Bay Preservation Area Board, the lot lines on the final plat for Lots 1, 2 and 3 shall be adjusted to preclude riparian rights for those specific parcels. 2. The boat dock and ramp shall be used only by the residents of the five (5) residential properties depicted on the conceptual plan entitled, "Remaining Part of Subdivision of D.M. Bowman Property for Robert Deford," prepared by Kellam Gerwitz Engineering Surveying & Planning, dated, September 14, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department The area shall be maintained and kept free of debris and trash by the Homeowners Association of the adjacent community. 3. No commercial use of the boat dock shall be permitted. 4. The boat dock is subject to all applicable federal, state, and local rules and regulations. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. �� DEFORD COMPANIES Agenda Items # 20 & 21 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. c Location and General Information REQUEST: 20. Subdivision Variance to Sections 4.4(b) and 5.2, of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. Request is for reduced pavement width and reduced lot width. LOCATION: GPIN: COUNCIL ELECTION 21. Conditional Use Permit for Community Boat Dock. Property located at 3500 Glen Arden Road. 14561917470000 2 — KEMPSVILLE Deford Companies, Inc. Elizabeth W,,, I IV R- �o r �-LDe -�A� Subdivision Variance DEFORD COMPANIES Agenda Items # 20 & 21 Page 1 DISTRICT: SITE SIZE: 10.11 acres EXISTING The heavily wooded property currently has a single-family dwelling in LAND USE: disrepair. SURROUNDING North: . Elizabeth River LAND USE AND South: . Single-family dwellings / R-10 Residential District ZONING: . Le Cove Drive East: . Single-family dwellings / R-10 Residential District • Le Cove Road West: . Single-family dwellings / R-20 Residential District NATURAL The site is located within the Chesapeake Bay watershed. The RESOURCE property is within the Resource Protection Area, the more stringently AND regulated property within the Chesapeake Bay Preservation Area. CULTURAL On the northern and eastern property lines, are marsh and the FEATURES: Elizabeth River. The majority of the site is heavily wooded with understory trees and other vegetation. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. ham; Summary Of Propasa The existing lot is 10.11 acres and currently is provided access via a sliver of property, off of Glen Arden Road and abuts an existing cul-de-sac, Le Cove Drive. The proposal depicts an extension of Le Cove Drive to provide access to the proposed lots. It is this proposed right-of-way that will not meet the Public Works Standards and Specifications. The road is depicted as a 40 foot right-of-way with 24 feet of pavement and no curb and gutter. The existing Le Cove Drive does currently meet the standards of a 50 wide right-of-way with 30 feet of paved travel lane and curb and gutter. The minimum front yard setback when adjacent to a 40 foot right-of-way is 35 feet as opposed to 30 feet for a typical 50 foot wide right-of-way. So, the desire to pull all development as far from the environmentally sensitive features is contrary to the Zoning Ordinance's requirement of an increased setback. According to the applicant, Board of Zoning Appeals variances DEFORD COMPANIES Agenda Items # 20 & 21 Page 2 will be sought to pull the single-family dwellings away from the environmentally sensitive portions of the property, toward the street into the 40 foot front yard setback. A Conditional Use Permit is also being sought for a Community Boat Dock proposed on the lot at the terminus of the new cul-de-sac. As this lot is proposed with substandard lot width of approximately 34 feet, and as such, a Subdivision Variance is also required in order to legally create this parcel. The minimum lot width for parcels within the R-10 Residential District is 100 feet. The lot with the Community Boat Dock will be owned and maintained by the Homeowners' Association. The Chesapeake Bay Preservation Area Board has reviewed and did approve encroachments into the Resource Protection Area on October 25, 2004 with the following conditions: 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 2. Dual 36" erosion and sedimentation control measures (silt fences) shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Additionally, a heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 3. Construction limits shall lie a maximum of 10' seaward of improvements for Lots 1, 2, 3, and 5. Constructions limits for Lot 4 shall lie 10' seaward of the improvements to be demolished. No construction limits shall encroach within the first 100' buffer for Lots 1, 2, and 3. 4. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 5. All stormwater from proposed impervious cover, inclusive of the extension of Le Cove Drive, shall be conveyed to structural stormwater management facilities. 6. If and when the shoreline is re -hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (timber, vinyl or steel bulkhead). Said condition shall be so noted on the site plan. 7. Pool decking shall be a maximum of 4'X4'X4'X8' (diving board end). Pool decking shall not lie further seaward than that which is depicted on the site plan sealed October 15, 2004 prepared by Robert S. Kellam. DEFORD COMPANIES Agenda Items # 20 &_21 Page 3 8. Pools shall be constructed prior to or concurrent with the residence. 9. If applicable, under deck treatment of sand and gravel shall be installed. 10.As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be based upon 25% of impervious cover within the Resource Protection Area. The formula for payment is as follows: 25% of square footage of impervious cover within the buffer divided by 27 (cubic yards) times 15 (estimated bushels of oyster shell within a cubic yard) times $1.65 (cost of shell and cost to plant). 11.All area seaward of the authorized limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plans. 12.Tree compensation shall be at a 3:1 ratio and shall be comprised of a minimum of 50% evergreen and 50% deciduous species. Note on each site plan the number to be removed and installed. 13.The conditions and approval associated with this variance are based on the site plan sealed October 15, 2004 by Robert S. Kellam, P.E. 14.A certified arborist shall provide written verification as to the disposition of the residual forested buffer, those portions of the buffer to be restored, clearing for site lines and vistas, the need for forest floor amendments, and the removal of vegetation along shorelines to augment the growth of tidal vegetated wetlands and erosion abatement. Said arborist shall provide assistance before, during and after the project to ensure forested buffer resources are protected and restored. Said arborist shall provide his/her findings to the DSC concurrent with the submission of construction plans. 15. If the community pier is not approved, the applicant shall return to the Chesapeake Bay Preservation Area Board to address the impacts of additional piers and the parcel configuration. 16. If the community pier is approved, the lot lines shall be adjusted to preclude riparian rights on Lots 1, 2, & 3. 17.A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. DEFORD COMPANIES Agenda Items # 20 &21 Page 4 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. ..,. ....... �... fir: Staff Evaluation Staff recommends approval of this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever DEFORD COMPANIES Agenda Items # 20 & 21 Page 5 such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staffs evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The applicant has demonstrated a hardship through (1) Due to the environmental features on the site, a reduction of the impervious surface is warranted. Although no portion of the proposed roadway will be within the Resource Protection Area, the stormwater runoff from the site will eventually drain into the nearby Elizabeth River. Reducing the amount of pavement and eliminating the curb and gutters provides a better opportunity for this water to slow down and infiltrate back into the ground, rather than runoff into the waterway. The right-of-way will only serve several lots, potentially up to 9 lots; therefore, the amount of traffic traveling on this portion of the roadway is limited such that the reduction of width will not impact those traveling on the road. In addition, the road will be a cul-de-sac and not a through street, again reducing the potential for additional traffic. (2) The use of a single community boat dock is preferred over the probable installation of five (5) additional, individual piers within this waterway. The disturbance to the environmental features is substantially reduced as the development activity is concentrated into a single area. In addition, the use of a community pier reduces the potential for conflicts between docks and watercraft. Based on the environmental constraints of the property and the applicant's desire to comply with the wishes of the Chesapeake Bay Preservation Area Board, Staff recommends approval of this request subject to the conditions below. Conditions 1. The road, site layout, and location of the community boat dock shall be in substantial conformance with the conceptual plan entitled, "Remaining Part of Subdivision of D.M. Bowman Property for Robert Deford," prepared by Kellam Gerwitz Engineering Surveying & Planning, dated, September 14, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Other than as directed by the Chesapeake Bay Preservation Area Board, the lot lines on the final plat for Lots 1, 2 and 3 shall be adjusted to preclude riparian rights for those specific DEFORD COMPANIES Agenda Items # 20 & 21 Page 6 parcels. 2. The boat dock and ramp shall be used only by the residents of the five (5) residential properties depicted on the conceptual plan entitled, "Remaining Part of Subdivision of D.M. Bowman Property for Robert Deford," prepared by Kellam Gerwitz Engineering Surveying & Planning, dated, September 14, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department The area shall be maintained and kept free of debris and trash by the Homeowners Association of the adjacent community. 3. No commercial use of the boat dock shall be permitted. 4. The boat dock is subject to all applicable federal, state, and local rules and regulations. NOTE: Further conditions may be required during the administration of applicable City Ordinances. DEFORD COMPANIES Agenda Items # 20 & 21 Page 7 Supplemental Information Zoninq History Subdivision Variance # I DATE IREQUEST ACTION 1 08/12/97 Subdivision Variance Granted 2 02/25/97 Subdivision Variance Granted 3 01/23/96 Reconsideration of Conditions Granted 02/08/82 Subdivision Variance Granted 4 10/29/91 Conditional Use Permit (home occupation) Granted 5 4/10/89 Subdivision Variance Withdrawn 6 10/05/87 Subdivision Variance Granted 7 05/09/83 Subdivision Variance Granted DEFORD COMPANIES Agenda Items # 20 &-21 Page 8 Public Agency Comments Public Works Master Transportation Plan (MTP): Le Cove Drive is classified as a two (2) lane undivided collector cul-de-sac. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 66 ADT Le Cove Drive No 6,200 ADT' AvailData able Proposed Land Use 3- 66 ADT Average Daily Trips 2 as defined by existing R-10 zoning 3 as defined by existing R-10 zoning with Subdivision Variance approval Public Utilities Water: There is a four (4) inch water line and public utility easement in LeCove Drive. This site must connect to City water. A variance request may be required as the distance to the nearest fire hydrant may exceed the maximum of 500 feet. Sewer: There is an eight (8) inch sanitary sewer main in LeCove Drive with a public utility easement. Sanitary sewer is available. A sanitary sewer and pump station analysis may be required. Construction plans and bonds will be required. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. DEFORD COMPANIES Agenda Items # 20 &21 Page 9 Fire and Rescue: Fire Department concerns will be addressed during final site plan review. DEFORD COMPANIES Agenda items # 20 & 21 Page 10 f .r MI I �l Exhibit B -1 Proposed Subdivision DEFORDCOMPANIES Agenda Items # 20 &.21 Page 13 Exhibit B - 2 Proposed Subdivision DEFORD COMPANIES Agenda Items # 20 &-21 Page 14 Ui Ld M F E z tz j- to" 5 5 Exhibit C - 1 Disclosure Statement E DEFORD COMPANIES Agenda Items # 20 & 21 Page 15 Exhibit C - 2 X�"'°'�.n` �ti 0 T 11 1j, v ldduv 11MHd Ba IN0111aNOV.0 Uua -Z! 0 J 77 t P E S� cc Ir NOIZd'JITddV 11MRd 3 J'aIWOUIGN03 DEFORD COMPANIES Agenda Items # 20 & 21 Page 16 Item #20 & 21 DeFord Companies, Inc. Appeal to Decisions of Administrative Officers Conditional Use Permit 3500 Glen Arden Road District 2 Kempsville November 10, 2004 CONSENT William Din: The next items I have are Items #20 & 21. This is the DeFord Companies, Inc. This is an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for DeFord Companies on property located at 3500 Glen Arden Road. This is also an application for a Conditional Use Permit for a community pier on the same property. This is located in the Kempsville District. Bill Gambrell: Madame Chairman and members of the Board, my name is Bill Gambrell. I'm a local land planner representing the DeFord Companies. We've worked a long time with the Chesapeake Bay Board on this application. We tried to spend a lot of time with the community. I think we have a real good project and I appreciate being on your consent agenda. All the items on your agenda as far as conditions are concerned are perfectly acceptable. William Din: Thank you Mr. Gambrell. There are four conditions. Is there any objection to placing this on consent? If not, Mr. Barry Knight will explain this. Barry Knight: The existing lot is little over 10 acres and is currently providing access via a sliver of property on Glen Arden Road. He's asking for a reduction of his right-of-way from 50 foot to 40 foot and with his pavement from 30 foot to 24 foot. It is going to service five upscale homes in the area. So it will be limited use of traffic, also, this one community boat dock. We like the idea of that so we don't have five boat docks going into the Elizabeth River. So, we think it's a good plan. We think it's compatible with the land uses in the area. Therefore, we have recommended to putting it on the consent agenda. William Din: Thank you Mr. Knight. I'd like to make the following recommendation. I'd like to move that the following items be placed on consent. Items #20 & 21 DeFord Companies, Inc. with four conditions. Dorothy Wood: Do I hear a second? Barry Knight: Second. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #20 & 21 DeFord Companies, Inc. Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, Items #20 & 21 have been approved for consent. Dorothy Wood: Thank you all for coming down. ir. F v—I Map Not to Scale Zoning History r► �r z m y\ I= are nen Lei urneau M'Ll2 � 8 3 020 - �; I, _ 023 02 008 027 Q O W O1A — 21A � 4 nI� a! B — 00 028 a3 13� / a D 6 D29 < 034 ,//�(�i/ e 036 13] 1#1 Conditional Zoning - Recorded Proffers M CUP l'Or Auto Repair HE DID .....,...� B-� a ago 0 # I DATE IREQUEST I ACTION 1 09/28/04 CUP Motor Vehicle Rentals Granted 2 05/25/04 CUP Automobile Repair Granted 3 09/09/03 Conditional Rezoning from 1-1 to B-2 CUP Motor Vehicle Sales and Service Granted 4 03/25/03 Street Closures Rezoning from 1-1 & B-2 to Conditional B-2 CUP Motor Vehicle Sales Granted 5 01/28/03 Street Closure Granted 6 12/10/02 CUP Motor Vehicle Sales Granted c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Stephen Letourneau — Conditional Use Permit (automobile repair garage) MEETING DATE: December 14, 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 City Council deferred this item at the December 7, 2004 hearing. ■ 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 Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 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. Submitting Department/Agency: Planning Department City Manager: , STEPH EN LETOU RN EAU s* �� 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. Location and General In ormati�on REQUEST: Conditional Use Permit for an automobile repair garage. LOCATION: Property located at 156A Chestnut Avenue. N,t p �' Meo No _ Stephen LeTurneau to Scele -�" BONNEY RD w..: CI: k's 4..✓� r� 3 —i 131 B-2 o , % %: � B-2 131 rrr C,nda„�nnra��y.ite�,.dedrune.., /<.LT .o. .u.a �'-=pair Garage. GPIN: 14874303930000 COUNCIL ELECTION DISTRICT: 3 — ROSE HALL SITE SIZE: Part of 31,450 SF parcel. Proposed lease space is 3750 SF. STEPHEN LETOURNEAU Agenda Item # 8 Page 1 EXISTING The 31,450 SF site is zoned 1-1 Industrial District. There is an existing LAND USE: office/warehouse building located on the site. SURROUNDING . Motor vehicle sales & service / B-2 community LAND USE AND North: Business District ZONING: South: • Warehouse / 1-1 Industrial District East: • Warehouse / 1-1 Industrial District Across Chestnut Street is a nonconforming asphalt plant / Conditional B-2 Community Business West: District NATURAL RESOURCE AND CULTURAL The site has an existing office warehouse located on it. There are no FEATURES: 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. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. STEPHEN`LETOURNEAU 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 an ` 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 overtime." MEMO µ,me Staff Evaluation 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. STEPHEN LETOURNEAU Agenda Item # 8 Page 3 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 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 # S Page 4 � Supplemental information -,4�4 Zoning History 1#1 Conditional Zoning - Recorded Proffers CUP for Auto Repair Garage # I DATE IREQUEST I ACTION 1 09/28/04 CUP Motor Vehicle Rentals Granted 2 05/25/04 CUP Automobile Repair Granted 3 09/09/03 Conditional Rezoning from 1-1 to B-2 CUP Motor Vehicle Sales and Service Granted 4 03/25/03 Street Closures Rezoning from 1-1 & B-2 to Conditional B-2 CUP Motor Vehicle Sales Granted 5 01/28/03 Street Closure Granted 6 12/10/02 CUP Motor Vehicle Sales Granted STEPHEN LETOURNEAU Agenda Item # 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 70-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 Calculations: Street Name Present Volume Present Capacity Generated Traffic Chestnut Not available Not available The difference between the Street traffic generated by the proposed use and the Bonney Road 16,588 ADT' 22,800 ADT' existing land use is negligible. Water and Sewer: This site is connected to City water and sewer. School I Not applicable - No comments Average uany i nps Public Utilities Public Schools Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design CPTED concepts and strategies as they pertain to this site. Fire and No comments Rescue: STEPHEN LETOURNEAU Agenda Item # 8 Page 6 Exhibits C%rhibit A - 1 Aerial of Site Location STEPHENLETOURNEAU Agenda Item # 8 Page 7 7 AM < CL LL LJ w 0 .4 7 Exhibit B Proposed Site Plan STEPHEN LETOURNEAU Agenda Item # 8 Page 9 Exhibit C Exterior Photograph STEPHENLETOURNEAU Agenda Item # 8 Page 10 Z W w w tt! Q U U! &E J Exhibit D Disclosure Statement o o`o _ 8 � � 1 Q 4N U fJ- V' ffm'o te.. OaL m w v5 nc"�`��N�°� Jf Z a N xL °. ... r i try -.Q C3 a� a n.= a c 01 c gm,c L° tu_ ° n o cti� r.s }.ozi� as w oC7 n m cc c R ;4 C c V mvs�+ cmv�°wL.Nv n�05 3no°c� _at7 Q H N V} 6 O_ d c P an d z N r i fl. inn aZ x O .0 13 ,U yr C 4 p g C. 2a�0 dO 6 P a`r= o.^tea c rn yW N GV 4 s N L O d d M UY � c m c— 3r'»dvam�ycs3 c� r`sac�'r =gym';, a r3 gamy !2 z- ftv .aG 0 Ci 4 v J i�7 Q. _c£4�=go fi' '� ' c C w y O L O P t N ¢ CID 4 P 6. v O G7 �•' t VJ a� s.7 fn p E ✓h , G C �' =� U S7 as G 4t1 c h 2 N?. C w Ix N _ � �,,, _ O v. 0— CL _ � C STEPHENLETOURNEAU AgendaItem# 8 Page 11 Item #8 Stephen Letourneau Conditional Use Permit 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 Permit 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 I- 264 and it completely conforms 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 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item #8 Stephen Letourneau Page 2 KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, Item #8 has been approved for consent. CUP - Ps # I DATE IREQUEST I ACTION 1 09/04/04 Conditional Use Permit (bulk storage) Granted 2 08/24/04 Conditional Use Permit (auto sales) Granted 3 03/12/02 Conditional Use Permit (auto service station) Withdrawn 06/13/00 Conditional Use Permit (motor vehicle repair & Granted truck rentals) 12/07/99 Conditional Use Permit (auto rentals) Granted 4 11/13/01 Conditional Use Permit (tattoo parlor) Denied 5 07/13/99 Conditional Use Permit (motor vehicle sales) Granted 6 09/08/98 Conditional Use Permit (bulk storage) Granted 7 03/14/95 Reconsideration of Conditions Denied 02/14/95 Conditional Use Permit (auto repair & tire sales) Granted i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Thornton Virginia Land Trust — Conditional Use Permit (fuel sales) MEETING DATE: December 14, 2004 ■ Background: An Ordinance upon Application of Thornton Virginia Land Trust for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 1706 Virginia Beach Boulevard (GPINS 24078509150000, 24078519850000). DISTRICT 6 — BEACH ■ Considerations: The applicant proposes to develop the site with a Wawa convenience store with six (6) fuel pumps. Ingress/egress will be provided via First Colonial Road and Virginia Beach Boulevard. A right turn lane is proposed at the westbound entrance on Virginia Beach Boulevard. The applicant has worked with staff to ensure that adequate area is available for future right-of-way needs related to the improvements at the First Colonial Road and Virginia Beach Boulevard intersection, scheduled to begin construction in October 2005. The application is compatible with the Comprehensive Plan's recommendations for this area. As the site is within Strategic Growth Area 7 and within the highest AICUZ, this nonresidential use is appropriate (the Navy has reviewed the request and deemed it compatible with Naval air operations). This proposal will redevelop a underutilized, unsightly, and highly visible corner. This request will bring much needed aesthetic improvement to this intersection in terms of both architectural design and landscaping. The Comprehensive Plan states that imminent improvements to the First Colonial Road and Virginia Beach Boulevard intersection, scheduled to begin in October 2005, will greatly enhance the quality of this commercial corridor as there are many existing land uses that are incongruous with the desired character of the area. The applicant's proposed plan has taken these improvements into consideration and adequate area has been reserved for future right-of-way needs. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Thornton Virginia Land Trust Page 2of3 1. The development of the site shall be in substantial conformance with the plan entitled, "Conceptual Layout Plan of WAWA, INC, VA Beach BLVD & First Colonial RD," prepared by MSA, P.C., dated 8/31/04. 2. When the building and canopy are constructed, they shall be in substantial conformance with the elevations entitled, " WAWA FOOD MARKET, FIRST COLONIAL RD. & VIRGINIA BEACH BLVD., VIRGINIA BEACH, VIRGINIA," prepared by Lynchmartinez, Architects, L.L.C., dated 9/3/04. 3. Any dumpster and/or air and vacuum areas shall be enclosed with a solid wall to match the building and landscaping, in accordance with Section 245(e) of the Zoning Ordinance and shall be depicted on the final site plan. 4. Signage for the site shall be as follows: a. Traffic control signs shall be allowed; b. One monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick shall be allowed; c. Striping or signage on the canopy, other than the "aluminum composite graphics panel" shown on the canopy elevation drawing, shall not be permitted. d. Wall signage as depicted on the submitted front elevation shall be allowed; e. No signage on the storefront windows in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted; and f. There shall be no other signs, neon signs or neon accents beyond those described within these conditions installed on any wall area of the exterior of the building, windows and / or doors, canopy, light poles, or any other portion of the site. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 7. Bicycle racks shall be provided near the entrance of the store. 8. A photometric/lighting plan shall be submitted for review and approval by City staff during final site plan review. The canopy lighting shall be low level and recessed. The lumen level shall not exceed 50 lumens under the canopy. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Thornton Virginia Land Trust Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentQ� City Manager: �a0142 rc THORNTON VIRGINIA LAND TRUST af" RIO Agenda Item # 6 \ November 10, 2004 Public Hearing 4 rra maw<a 1 A„; 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. µs Location and General Information REQUEST: Conditional Use Permit for fuel sales. LOCATION: Property located at 1706 Virginia Beach Boulevard Map X 7 M— No< S—!, Thornton Virzinia Land Trust MEMO- i r W'%5, !ia 1171 CUP - for Fuel Pumps GPIN: 24078509150000;24078519850000 COUNCIL ELECTION DISTRICT: 6 — BEACH SITE SIZE: 1.70 acres THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 1 EXISTING The previously developed property currently has a large, vacant LAND USE: building on the premises. SURROUNDING North: . Office / B-2 Community Business District LAND USE AND South: . Virginia Beach Boulevard ZONING: . Office, restaurant, auto sales / B-2 Community Business District West: • Restaurant, single-family dwellings / B-2 Community Business District East: . Convenience store / B-2 Community Business District NATURAL RESOURCE AND This site is within the Chesapeake Bay watershed; however, there CULTURAL are no significant environmental resources on the property as it is FEATURES: almost entirely impervious. AICUZ: The site is in an AICUZ of greater than 75dB Ldn and within Accident Potential Zone II surrounding NAS Oceana. The proposed use is compatible with these zones. Summary of proposal The applicant wishes to develop the site with a Wawa convenience store with six (6) fuel pumps. Ingress/egress will be provided both via First Colonial Road and Virginia Beach Boulevard. A right turn lane is proposed at the west bound entrance on Virginia Beach Boulevard. The applicant has worked with staff to ensure that adequate area is available for the City's future right-of-way needs related to the improvements at the First Colonial Road and Virginia Beach Boulevard intersection, scheduled to begin construction in October 2005. THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Consistency with the Comprehensive Plan. • Compatibility with the AICUZ. Comprehensive Plan The Comprehensive Plan Map designates this area of the city as the Strategic Growth Area 7 — Hilltop/North Oceana Area. The Comprehensive Plan identifies the First Colonial Road corridor from 1-264 to the Hilltop area and Laskin Road through the Hilltop area as an area that is considerably underdeveloped. The Plan recommends non-residential uses because of the influence of AICUZ high noise and Accident Potential Zones in this area. Special attention should be paid to quality site and building design, including signage, to increase the overall attractiveness of this area. The Plan states that imminent improvements to the First Colonial Road and Virginia Beach Boulevard intersection will contribute to improving the quality of the commercial area as there are many existing land uses that are incongruous with the desired character of the area. Staff recommends approval of this request. Staff Evaluation THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 3 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 application is compatible with the Comprehensive Plan's recommendations for this area. As the site is within Strategic Growth Area 7 and within the highest AICUZ, this nonresidential use is appropriate. This proposal will redevelop a previously under utilized, unsightly, highly visible corner. This request will bring much needed aesthetic improvement to this intersection in terms of both architectural design and landscaping. The Plan states that imminent improvements to the First Colonial Road and Virginia Beach Boulevard intersection, scheduled to begin in October 2005, will greatly enhance the quality of this commercial corridor as there are many existing land uses that are incongruous with the desired character of the area. The proposed plan has taken these improvements into consideration and adequate area has been reserved for future right-of-way needs. (2) Because of the influence of the AICUZ, the site is within the greater than 75dB Ldn and within the Accident Potential Zone, nonresidential uses are desirable. The Navy has reviewed the request and deemed it compatible with Naval Air Operations. Staff, therefore, recommends approval of this request with the conditions below. Conditions 1. The development of the site shall be in substantial conformance with the plan entitled, "Conceptual Layout Plan of WAWA, INC, VA Beach BLVD & First Colonial RD," prepared by MSA, P.C., dated 8/31/04. 2. When the building and canopy are constructed, they shall be in substantial conformance with the elevations entitled, " WAWA FOOD MARKET, FIRST COLONIAL RD. & VIRGINIA BEACH BLVD., VIRGINIA BEACH, VIRGINIA," prepared by Lynchmartinez, Architects, L.L.C., dated 9/3/04. 3. Any dumpster and/or air and vacuum areas shall be enclosed with a solid wall to match the building and landscaping, in accordance with Section 245(e) of the Zoning Ordinance and shall be depicted on the final site plan. 4. Signage for the site shall be as follows: a. Traffic control signs shall be allowed; THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 4 b. One monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick shall be allowed; c. Striping or signage on the canopy, other than the "aluminum composite graphics panel" shown on the canopy elevation drawing, shall not be permitted. d. Wall signage as depicted on the submitted front elevation shall be allowed; e. No signage on the storefront windows in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted; and f. There shall be no other signs, neon signs or neon accents beyond those described within these conditions installed on any wall area of the exterior of the building, windows and / or doors, canopy, light poles, or any other portion of the site. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 7. Bicycle racks shall be provided near the entrance of the store. 8. A photometric/lighting plan shall be submitted for review and approval by City staff during final site plan review. The canopy lighting shall be low level and recessed. The lumen level shall not exceed 50 lumens under the canopy. 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 92 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. THORNTON VIRGINIA`LAND TRUST Agenda Item # 6 Page 5 Supplemental Information Zoninq History Fuel Pumps # I DATE REQUEST ACTION 1 09/04/04 Conditional Use Permit (bulk storage) Granted 2 08/24/04 Conditional Use Permit (auto sales) Granted 3 03/12/02 Conditional Use Permit (auto service station) Withdrawn 06/13/00 Conditional Use Permit (motor vehicle repair & truck Granted rentals) 12/07/99 Conditional Use Permit (auto rentals) Granted 4 11 /13/01 Conditional Use Permit (tattoo parlor) Denied 5 07/13/99 Conditional Use Permit (motor vehicle sales) Granted 6 09/08/98 Conditional Use Permit (bulk storage) Granted 7 03/14/95 Reconsideration of Conditions Denied 02/14/95 Conditional Use Permit (auto repair & tire sales) Granted THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 6 8 06/25/91 Conditional Use Permit (auto sales & repair) Granted 08/28/89 Conditional Use Permit (auto repair) Granted Public Agency Comments Public Works Master Transportation Plan (MTP): The Virginia Beach Boulevard and First Colonial Road intersection is scheduled for reconstruction in October 2005 (CIP 2-072). Currently, First Colonial Road is a four (4) lane, urban arterial. The scheduled improvements will upgrade this roadway to a six (6) lane, urban arterial. Traffic Calculations: Street Name Present Volume Capacity Generated Traffic First Colonial 40,764 17,300 0 Existing Land Use 2 Road ADT' ADT' — 356 ADT Proposed Land 3— FUTURE First 00,000 261300 — Colonial Road ADT' ADTO Use 5,074 ADT A,-- rhily Trins ....,..,.a-- -- - 2 as defined by store and warehouse use - 3 as defined by convenience store with fuel sales Public Utilities Water: There is an eight (8) inch water main in First Colonial Road and a twelve (12) water main in both Virginia Beach Boulevard and First Colonial Road. This site must connect to City water. Sewer: There is an eight (8) inch sanitary sewer main in First Colonial Road. This site must connect to City sanitary sewer. A pump station analysis, bonds and construction plans may be required. Public Safety Police: I The applicant is encouraged to contact and work with the THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 7 Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate — no additional comments. THORNTON VIRGINIA_LAND TRUST Agenda Item # 6 Page 8 Exhibits' Exhibit A - 1 AM of Site Location THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 9 Exhibit B Proposed Site Plan t THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 11 Exhibit C - 1 Proposed Front Elevation z O oy LL THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 12 I Exhibit C - 2 Proposed Side Elevations � S THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 13 Exhibit C - 3 Proposed Front Elevation 1 THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 14 Exhibit C - 4 Proposed Canopy Elevation az m4. an ,slv*�u $ unnt �SVM \ \ } d /)i G \\ 7§f§ \(§ &} 33§ lStS @G §\ƒ (§ #38 aw -fig --- THORNTON VIRG|NI§LAND TRUST Agenda Item # Page 15 H ,z W w L4L tr�n Yl W (n J ui 0 z W w H M W X V) 0 U 0) e W U• CO � �% 4 _ V � 3 yL) _ o• O,�cu � y I tiyF 44 Q 4 py y, � h f r- x o� '411 dt-ari; dG��y aCv G u iu o n fl J Q r "Goyim N CL 15 C- y LU r L G ti 4 .C.. WN— p... v; fS <➢ `� O I n J E yy 4 G N Tf yr '• p W LU CL o - a _ Q = o a u Exhibit D Disclosure Statement THORNTON VIRGINIA LAND TRUST Agenda Item # 6 Page 16 Item #6 Thornton Virginia Land Trust Conditional Use Permit 1706 Virginia Beach Boulevard District 6 Beach November 10, 2004 CONSENT William Din: The next item that I have on the consent agenda is Item #6. This is the Thornton Virginia Land Trust. This is an application for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 1706 Virginia Beach Boulevard in the Beach District. There are nine conditions. Is there a representative here? Eddie Bourdon: For the record, Eddie Bourdon, a Virginia Beach attorney representing Thornton Virginia Land Trust and Wawa. Mr. Din, the conditions as contained in the original staff write up were and are acceptable to my client. The add on of our constructing a fence along our western property line adjacent to non -conforming and vacant houses when the law of non -conforming where we already have a very substantial garage built right on the property adjacent to those houses. And, a hot-dog vendor or establishment on the other side without any screening, that is just asking someone to waste money to put up a fence to screen it from something that we want to go away. Someone who is investing a huge amount of money to help this area and the businesses in the area are very happy to see this happen. So, as much as I can appreciate a utopian desire, the reality of it is this is a huge improvement over what is there. And, those houses next to us by any definition or zoning ordinance, we want to go away. So, that additional condition is not acceptable. If it was a situation where it was other than that we would be amenable but the desire is for those old depilated houses to go away. With that exception, we're fine with the original conditions but we are not agreeable to putting up a fence for those non -conforming uses. Thank you. William Din: Do we need to hear this? Dorothy Wood: We need to hear this. William Din: We'll drop this one out and we'll have to hear this one. REGULAR Dorothy Wood: Our next item is Item #6 Thornton Virginia Land Trust. Eddie Bourdon: I assume there is no one signed up to speak against this application. I have a letter of support from Bruce Gallup, who owns the large parcel to the north of this 1.7 acre piece, which is located at the northwest corner of Virginia Beach Boulevard and Item #6 Thornton Virginia Land Trust Page 2 First Colonial Road. Mr. Gallup strongly supports the application because it will remove property, and I won't called it blighted but it is certainly and as staff has properly noted in the write up highest and best use while particularly attractive on that very significant corner. This represents the largest, I believe single investment in terms of this particular area, the Old Oceana area of the City, and clearly needed and desired in this particular community. As I said previously, this is not a residential neighborhood. This is not a residential community. The fact that there are a couple of old abandoned homes there that are non -conforming, I think it's not the appropriate scenario where we should be asked to put up a fence to screen it from the use, frankly we should want to go away. I think that is the only reason why it's not on the consent agenda is because that added condition that we put up a six-foot privacy fence, which frankly you got the scenario with having to deal with maintenance with graffiti and that nature. I don't see it serves any land use purpose that is consistent with our Comprehensive Plan. I don't think it has anything to do with the sale of gasoline on the property. That's the only condition that we were not agreeable to that was added on this morning. We'll be happy to answer any questions that you may have. William Din: I guess since I brought it up, my intent there was not to force something on the applicant that wasn't needed. I did not understand what the use on these houses. There were residents in those houses I thought they also needed to be buffered. Even though I recognize the properties are B-2 adjacent to B-2 and there is nothing required. There is no landscape plan that has been presented to us on any of the property. Maybe if you go through the landscaping plan, maybe along the front, maybe along the street. Explain some of that. Eddie Bourdon: What we would be doing along Virginia Beach Boulevard where we have backed this property up and we're providing dedication of right-of-way for future improvements here at no cost to the taxpayers. We will be landscaping all of this frontal area along Virginia Beach Boulevard and First Colonial Road consistent with the other developments that Wawa has done throughout the City. I would hope that every one would agree they're very attractively landscaped and maintained. They have sprinkler systems. They did a wonderful job with their grounds and that will occur along both First Colonial Road and along Virginia Beach Boulevard. There is a small strip along the western portion where there will be grass but I don't believe, there is any intent to plant any type of buffer along this section nor in the back. There is today, a very large garage located here in the northwest corner and I do not believe there is any type of buffer that exists there. There is an old fence that's up there, and it's falling down basically. It doesn't provide any screening. There is absolutely and there could not be any doubt that the property to our west with this significant investment should be coming over along with the property west of that. We hope and we believe this will be a catalyst for future redevelopment and cleaning up of this area, which is in the gateway, which we have spent a lot of time. This Commission has spent a lot of time talking about for years trying to help clean up. It's not at the western edge of Oceana. It is certainly in the heart of Oceana and we believe represents a significant investment that we hope will spur additional investment and redevelopment of the area. This will all be landscaped but, Item #6 Thornton Virginia Land Trust Page 3 again, I guess we can turn the argument around and say we ought to try and buffer ourselves from what's over here. We really believe that it is inevitable that the property to our west is going to redevelop. It is certainly what our zoning ordinance and our Comprehensive Plan desire and speak toward what have achieved here. William Din: I don't have any doubt that this is a great improvement over what is currently there. You have an opportunity, I guess for landscaping being island. You already have that there. Eddie Bourdon: I'm sorry. I apologize. Our parking landscaping ordinance and our foundation landscaping we are required to actually landscape in those areas because Wawa does not do the foundation landscaping. We will actually have to add additional landscaping and it may well be we have to add more landscaping along our western boundary that where we currently show in order to meet those requirements. Landscaping is not going to be a problem. Wawa does not have any aversion to doing as much landscaping as the City has asked in every application, and we'll do that in this application as well. William Din: I have no objection if we don't add condition #9. Dorothy Wood: Is the in the form of a motion? William Din: Yes it is. I'd like to move that we approve this application with the eight conditions. Ronald Ripley: Second. Dorothy Wood: Thank you. A motion by Mr. Din and seconded by Mr. Ripley. Are there any other comments on this application? Thank you very much. William Din: Thank you. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ASS 0 ABSENT 1 ABSENT Item #6 Thornton Virginia Land Trust Page 4 Ed Weeden: By a vote by 10-0 the application of Thornton Virginia Land Trust has been approved. Dorothy Wood: Thank you. Map DJrll FTnllis Rd_ Assnciates EQN, I ME I - - fir- i�DQ 0 0� ���• �Q ����INS Conditional Zoning Change from R-10 to POH-2 (R-10) # I DATE REQUEST ACTION 1 02/25/85 REZONING from R-5 to PD-1-12 (R-10) GRANTED 2 07/09/90 REZONING to P-1 GRANTED 3 12/10/02 REZONING from R-10 to PD-1-12 (R-10) GRANTED 4 11/28/95 CONDITIONAL USE PERMIT for church GRANTED 01/13/86 CONDITIONAL USE PERMIT for church GRANTED expansion CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Hollis Road Associates — Change of Zoning District Classification MEETING DATE: December 14, 2004 ■ Background: An Ordinance upon Application of Hollis Road Associates for a Change of Zoning District Classification from R-10 Residential District to Conditional R-10 Residential District with a PD-H2 Overlay on property located at 4704 and 4728 Indian River Road (GPINS 14740889180000; 14740966700000). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant proposes to develop a ninety-six (96) lot single-family residential subdivision on 25 acres. The remaining four acres of property will be dedicated to the City for right-of-way for the Indian River Road Phase VII Capital Improvement Program project. The PD-H2 overlay district is being requested to create a land use plan specific to the subdivision regarding setbacks, lot sizes and open space. The proposed lot sizes and setbacks are identical to the parameters used in the adjacent Glenwood neighborhood and the new subdivisions under construction to the south of this site. Access to the subdivision will be through three existing street stubs located to the east, within the Glenwood neighborhood, as well as through a planned street connection to the south. For the parcel west of the Indian River Road Phase VII right-of-way, access will be provided from existing Indian River Road. There will be no vehicular access to South Independence Boulevard or Indian River Road Phase VII, as both of these roads are designated by the Master Transportation Plan as limited access roadways. The plan proffered with the change of zoning request shows a landscape buffer to be planted along both sides of South Independence Boulevard, which is a continuation of the buffer that exists along this roadway to the east within the Glenwood neighborhood. The plan also shows open spaces will be provided along the Indian River Road Phase VII right-of-way to buffer the lots from this new roadway. It should also be noted that the plans for Indian River Road Phase VII include a wide landscape buffer and bike trail within the 147 foot right-of-way provided on the plan. Hollis Road Associates Page 2 of 2 The proposed subdivision is consistent with the Comprehensive Plan recommendations for Primary Residential Areas. It is compatible with the existing neighborhood of Glenwood to the east as well as the recently approved subdivisions to the south. The land use plan includes the same lot sizes, setbacks and height for the residential structures. Larger lots, approaching 10,000 square feet in size, have been planned on the northern end of the subdivision, where it is adjacent to property zoned and developed with 10,000 square foot lots. The Planning Commission placed this item on the consent agenda because it is compatible with surrounding neighborhoods, consistent with the Comprehensive Plan, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention 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. Submitting Department/Agency: Planning Departmen �i City Manager: lam- i' M w` HOLLIS ROAD ASSOCIATES w r.1 Agenda Item # 2 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. Location and General information REQUEST: Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District with PD- H2 Planned Development Overlay. LOCATION: Property located at 4704 and 4728 Indian River Road 'C'R-0 Stumpy Lake P-1 R-10 GPIN: 1474088918; 1474094148; 1474096670 COUNCIL ELECTION DISTRICT: 1 — CENTERVILLE HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 1 SITE SIZE: 29.0 acres EXISTING LAND USE: Vacant property SURROUNDING North: • Single-family homes / R-10 Residential Dsitrict LAND USE AND . Single-family Homes / R-10 (PD-H2) Residential ZONING: South: District • Single-family Homes / R-10 (PD-H2) Residential East: District West: • Indian River Road Phase VII right-of-way NATURAL RESOURCE AND CULTURAL The southeast portion of the site is wooded, the remainder of the site FEATURES: is open field. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. £ Fr Summary Of Proposal"`_ The proposal is to develop a ninety-six (96) lot single-family residential subdivision on 25 acres. The remaining four acres of property will be dedicated to the City for right-of- way for the Indian River Road Phase VII project, CIP #2-256. A PD-H2 overlay district is being requested that allows the developer to create a land use plan specific to the subdivision regarding setbacks, lot sizes and open space. The land use plan for the subdivision includes the following elements: • Minimum Lot Area = 6,000 square feet • Minimum Lot Width = 60 feet • Front Yard Setback = 30 feet • Side Yard Setbacks = 5 and 10 feet • Rear Yard Setback = 10 feet • Maximum Height of Dwellings = 35 feet • Parking per Unit = 2 spaces • Open Space Provided = 3.9 acres (15%) HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 2 The proposed lot sizes and setbacks are identical to the parameters used in the adjacent Glenwood neighborhood and the new subdivisions under construction to the south of this site. Access to the subdivision will be through three existing street stubs located to the east, within the Glenwood neighborhood, as well as through a planned street connection to the south. For the parcel west of the Indian River Road Phase VII right-of-way, access will be provided from existing Indian River Road. There will be no vehicular access to South Independence Boulevard or Indian River Road Phase VII, as both of these roads have been designated as limited access roadways. The plan shows a landscape buffer to be planted along both sides of South Independence Boulevard, which is a continuation of the buffer that exists along this roadway to the east within the Glenwood neighborhood. The plan also shows open spaces will be provided along the Indian River Road Phase VII right-of-way to buffer the lots from this new roadway. It should also be noted that the plans for Indian River Road Phase VII include a wide landscape buffer and bike trail within the 147 foot right-of-way provided on the plan. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Conformance with the recommendations and policies in the Comprehensive Plan • The proposal must meet the intent of the PD-H2 Planned Development District • Compatibility with surrounding uses. HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 3 Comprehensive Flan The Comprehensive Plan recognizes this site as part of 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 within the area. The established type, size, and relationship of land use, both residential and nonresidential, in and around these neighborhoods should serve as a guide when considering future development. F Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(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. PROFFER # 1 When the Property is developed, it shall be developed as no more than ninety-six (96) single family residential building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF ROSE GLEN MANOR," dated July 30, 2004, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Lot Plan"). PROFFER # 2 When the Property is subdivided, it shall be subject to a recorded Declaration of Protective Covenants, Restrictions and Conditions ("Deed Restrictions") administered by a HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 4 Property Owners Association which shall be responsible for maintaining all common areas, open spaces and scenic easements. PROFFER # 3 All residential dwellings constructed on the Property shall have a minimum of 2000 square feet of enclosed living area. PROFFER # 4 When the Property is subdivided, the areas within the alignment of the Future Indian River Road as contained in the Grantee's Master Transportation Plan shall be dedicated to the Grantee. PROFFER # 5 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. Staff Evaluation of The proffers provided address the major issues identified Proffers: and are acceptable. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated July 30, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation 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 proposed subdivision is in conformance with the Comprehensive Plan recommendations for Primary Residential Areas. It is compatible with the existing neighborhood of Glenwood to the east as well as the recently approved HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 5 subdivisions to the south. The land use plan includes the same lot sizes, setbacks and height for the residential structures. Larger lots, approaching 10,000 square feet in size, have been planned on the northern end of the subdivision, where it is adjacent to property zoned and developed with 10,000 square foot lots. The proposed subdivision has been planned to complement the existing residential developments in the surrounding area. (2) The proposed subdivision meets the intent of the PD-1-12 Planned Development District as it provides open space along the development's border with a planned major roadway. The proffers include the creation of a Homeowners Association to maintain the open areas. The plan shows pedestrian easements located in different areas of the subdivision that will provide residents access to the community open space as well as the bike path and buffer area planned with the new roadway. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable Citv Codes. HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 6 Supplemental Information Zoninq History Map DE-11 Hollis Rd. Associates conaltional LOnlns Lnange from 1,70 to POH-2 (R-70) # I DATE IREQUEST ACTION 1 02/25/85 REZONING from R-5 to PD-1-12 (R-10) GRANTED 2 07/09/90 REZONING to P-1 GRANTED 3 12/10/02 REZONING from R-10 to PD-1-12 (R-10) GRANTED 4 11/28/95 CONDITIONAL USE PERMIT for church GRANTED 01/13/86 CONDITIONAL USE PERMIT for church expansion GRANTED HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 7 Public Agency Comments Public Works Master Transportation Plan (MTP): South Independence Boulevard in the vicinity of this application is considered a two lane major suburban arterial. It is designated on the Master Transportation Plan (MTP) as a 100 foot wide divided facility with a scenic easement. There are no current projects to upgrade this roadway. Indian River Road in the vicinity of this application is considered a two lane minor suburban arterial. It is designated on the Master Transportation Plan (MTP) as a 120 foot wide divided facility with a scenic easement. Capital Improvement Program Project 2- 256 for Indian River Road Phase VII will upgrade this roadway to a four lane facility from Lynnhaven Parkway to Elbow Road. Construction of this roadway is scheduled to begin in 2012 and finish in 2014. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic South 7000 15,200 Existing Land Use Independence ADT' ADT' - 750 Blvd Proposed Land Indian River 11,000 7,300 ADT Road ADT ' ' Use 3 - 1,000 PAVe age vauy i nN- Z as defined by single- family homes 3/acre 3as defined by single-family homes 4/acre Public Utilities Water: I This site must connect to City water service. Sewer: This site is located in the Pump Station 459 service area and must connect to City sanitary sewer service. Analysis of the receiving pump station and the sanitary sewer collection system is required to ensure future flows can be accommodated. An adequately sized public utility easement is required for the existing 8 inch gravity sanitary sewer line connecting South Independence Boulevard and HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 8 Drumheller Drive. Public Schools School Current Capacity Generation Change 2 Enrollment New Castle 855 806 29 3 Elementary Salem Middle School 11303 1191 16 2 Salem High School 12008 1829 122 2 "generation" represents the number of students that the oeveiopment wiii add io ine scnuui 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 Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Fire Department comments will be addressed during the building permit process. HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 9 Exhibits Exhibit A - 1 erial of Site Location HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 10 XF, �z7� WF N C c -0 Prod cb CkC < < `c�c U U u 3� < < < Q<o i< >, �°< m e v e= a •� ..... .__........_._...___. -a . _ vs mx L >CL c i v Ln y n <: W Z 0 j �n C C C �' C N G a .. N Z W d a. 0 0 c � 1, x= m xhWil B posed Site Plan HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 12 Exhibit C Disclosure Statement W 1 '7 F V. F 7; Eta t i. A oil A, HOLLIS ROAD ASSOCIATES Agenda Item # 2 Page 13 Item #2 Hollis Road Associates Change of Zoning District Classification 4704 & 4728 Indian River Road District 1 Centerville November 10, 2004 CONSENT Dorothy Wood: Our next order of business will be our consent agenda. Our Vice Chair Will Din will handle this. William Din: Thank you. Today's consent agenda consists of eight items. As I call each of the items, will the representative or the applicant please come forward and state your name, your relationship to the application. If there are conditions associated with your application, please indicate that you have read them and you agree. The first item that I have placed on consent is Item #2 Hollis Road Associates. It's an application to Change the Zoning District Classification from R-10 Residential District to Conditional R-10 Residential District with a PD-H2 Overlay. It's on property located at 4704 and 4728 Indian River Road in the Centerville District. Eddie Bourdon: Thank you. Eddie Bourdon, a Virginia Beach attorney representing Hollis Road Associates of a proffered rezoning. Obviously we appreciate being on the consent agenda. I just want to briefly mention that 50-foot strip that Barbara Duke mentioned this morning. We are very close to having that wrapped up for the people on Drumheller. That will provide a construction entrance for that section of the development that will avoid using Drumheller for our construction traffic for that section of the development. We again appreciate being on the consent agenda. William Din: Thank you Mr. Bourdon. Is there any objection to putting this on consent? If not, Mr. Barry Knight will explain our reason for putting this on consent. Barry Knight: They propose to develop 96 single-family residential lots on 25 acres. The remaining four acres will be dedicated to the City for right-of-way for Indian River Road. They're going to leave almost 4 acres of open space. This community is compatible with the Glenwood subdivision to the east and recently approved subdivisions to the south. So it fits in properly with the houses in the adjacent areas so therefore we put it on the consent agenda. William Din: Thank you Mr. Knight. I'd like to make the following recommendation. I'd like to move that the following item be placed on consent. Item #2 Hollis Road Associates, it's a proffered item. Dorothy Wood: Do I hear a second? Item #2 Hollis Road Associates Page 2 Barry Knight: Second. Dorothy Wood: Mr. Miller. Robert Miller: Yes ma'am. I need to abstain from Item #2. My firm is working on the project. Dorothy Wood: Thank you. AYE 10 NAY 0 ABS 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 0 Ed Weeden: By a vote of 10-0, with the abstention so noted, Item #2 has been approved for consent. W In Reply Refer To Our File No. DF-5970 TO: Leslie L. Lilley FROM: William M. Macali RE: Conditional Zoning Application Hollis Road Associates, LLC CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 15, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2004. I have reviewed the subject proffer agreement, dated July 30, 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. VvrNMnlb Enclosure tec _-Kathleen Hassen ESTATE OF CORA ELIZABETH HARRIS, DECEASED 3OLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company CO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) 2/ITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 301h day of July 2004, by and between THE ESTATE OF CORA ELIZABETH HARRIS, DECEASED, Grantor, party of the first part; HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) parcels of property located in the Centerville District of the City of Virginia Beach, containing approximately 29.00 acres which are more particularly described as Parcels 1 and 2 in Exhibit "A' attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the second 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 PD-H2 (R-10) Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1474-08-8918 PREPARED BY: 1474-09-6670 =SYKES. ROURDON. AHERN & LEVY. P.C. 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PD-H2 (R-10) 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 Grantors, for themselves, 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 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 Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed as no more than ninety-six (96) single family residential building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF ROSE GLEN MANOR," dated July 30, 2004, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach PREPARED BY: M SYKES. BOURDON. Department of Planning ("Lot Plan"). OR ABIRN & LEVY. P.C. 2 2. When the Property is subdivided, it shall be subject to a recorded Declaration of Protective Covenants, Restrictions and Conditions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, open spaces and scenic easements. 3. All residential dwellings constructed on the Property shall have a minimum of 2000 square feet of enclosed living area. 4. When the Property is subdivided, the areas within the alignment of Future Indian River Road as contained in the Grantee's Master Transportation Plan shall be dedicated to the Grantee. 5. 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 Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: PREPARED BY. �SYLES. BOURDON. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be A1-TERN & LEVI'. P.C. vested with all necessary authority, on behalf of the governing body of the City of Virginia K PREPARED BY: M SYKES. BOUR©ON. M AIKRN, & LEW. P.C. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. H WITNESS the following signature and seal: GRANTOR: ESTATE OF ELIZABETH HARRIS nn // COmGUTMf2 gy: �i'�� (SEAL) Elisha Harris, Jr., Co -Executor STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this � day of August 2004, by Elisha Harris, Jr., Co -Executor of the Estate of Elizabeth Harris, Deceased, Grantor. kQLI� Notary Public Commission Expires: 2 T 3116 L PREPARED BY: M SMS. ONA14ERN & LEVY. P.C. 6 WITNESS the following signature and seal: GRANTOR: ESTATE OF ELIZABETH HARRIS By.��'�r� (SEAL) Leon Harris, Co -Executor STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3.1 day of August 2004, by Leon Harris, Co -Executor of the Estate of Elizabeth Harris, Deceased, Grantor. Commission Expires: PREPARED BY: M SMS. BOURDON, t 14ERN & LEVY. P.C. U..-4 Notary Public C. WITNESS the following signatures and seals: GRANTOR: ESTATE OF CORA ELIZABETH HARRIS By:- / (SEAL) C.o - E0eA_v-Me , Co -Executor STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 'Z"" day of August 2004, by d �-�or Co -Executor of the Estate of fora Elizabeth Harris, Deceased, Grantor. &_Z____� Notary Public My Commission Expires: r6 ( 3 1 (C) G PREPARED BY. SYKES. BOURDON. AIERN & LEVY. P.C. 7 WITNESS the following signature and seal: GRANTOR: HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company (SEAL) M. Paul Warner, Managing Member J STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 2nd day of August 2004, by M. Paul Warner, Managing Member of Hollis Road Associates, L.L.C., a Virginia limited liability company, Grantor. IMy Commission Expires: August 31, 2006 PREPARED BY: MSYKES. BOURDON. , HERN & LEVY. P.C. 9 Notary Public EXHIBIT "A" PARCEL I: ALL THAT certain lot, piece or parcel of land, located in the Centerville District of the City of Virginia Beach, Virginia, containing 16.97 acres and having GPIN # 1474-08-8918. GPIN: 1474-08-8918 PREPARED BY: SYKES, BOURDON. MERN & LEVY. P.C. ALL THAT certain lot, piece or parcel of land, located in the Centerville District of the City of Virginia Beach, Virginia, containing 13.27 acres and having GPIN # 1474-09-6670. : 1474-09-6670 CONDREZONE/HOLLISROADASSOCIATES/ROSEGLENMANOR/PROFFER 4 r f� r y 1. , M—I'mom ME FIX jpgm, i � No 72 Gpin: See Attached CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Cityview One, L.L.C. — Change of Zoning District Classification and Conditional Use Permits MEETING DATE: December 14, 2004 ■ Background: (a) An Ordinance upon Application of CityView One, L. L. C. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000;14776232950000;14776213460000; 14777205660000;14777216650000;14777226990000; 14777247440000;14777218100000;14777310240000; 14777302760000, 14777249650000). DISTRICT 5 — LYNNHAVEN (b) An Ordinance upon Application of CityView One, L.L.C. for a Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000714777205660000;14777216650000; 14777226990000;14777247440000;14777218100000; 14777310240000; 14777302760000-,14777249650000). DISTRICT 5 — LYNNHAVEN ■ Considerations: The proposal is for two distinct developments on the western portion and the eastern portion of the total site. The portions are shown as being connected across Thalia Creek by a pedestrian bridge and walkway system. The western parcel, Parcel A, is proposed for a multi -family apartment complex with 202 units. The conceptual plan shows a U-shaped building. The majority of the parking for the apartments is provided under the building and within a parking garage structure located in the middle of the site. There are some surface parking spaces around the perimeter of the parking garage. The eastern parcel, Parcel B, is proposed for four mixed use buildings. The uses proposed for these buildings could include any or all of the following; residential Cityview One, L.L.C. Page 2 of 3 apartments/condominums, offices, hotel, or retail. The conceptual plan shows that the majority of the residential units will be located within the large building shown fronting on Bonney Road. A parking structure is proposed as part of this large building to accommodate the majority of the parking needs for all of the buildings on Parcel B. There is also some surface parking provided around each individual building. A road to serve the parcel is shown on the plan to align with the stoplight at the Bendix Road intersection. The planned roadway is based on the alignment for Constitution Drive Extended as depicted in the current Capital Improvement Program. The portion of the roadway proposed to be built with this development is shown ending at the project's northern boundary and not extending across the creek. The proffered plan conflicts with the roadway alternatives depicted in the on- going study of the Constitution Drive connection between the Town Center and the south side of 1-264. The Virginia Department of Transportation (VDOT) consultant handling the study is on schedule to complete work within the next 60 days. The study involves various alternative road layouts that affect the subject site. The road layout currently shown on the plan is not one of the three being studied and is not considered a viable alternative in the study, as its continuation to the south is not possible due to the location of significant existing development along 1-264. With continued growth in the Pembroke Area as called for in the Comprehensive Plan, additional connections between Virginia Beach Boulevard and S. Independence Boulevard are vital to ensure a business center that functions from a transportation and economic perspective. Continued intense development, such as that proposed with this application, is dependent on it. The opportunity to preserve a viable alignment for the connection recommended by the Master Transportation Plan through this site is essential to provide the transportation improvements necessary for the entire Pembroke Area. The future of Bonney Road is also tightly tied to the study mentioned above. The function of the roadway may change based on the flyover alignment that is decided upon. This road may need to be widened or it may need to be relocated. Because the proffered plan shows zero setbacks for the buildings fronting on Bonney Road, the opportunity for widening or changing location of the roadway in the future is severely restricted if the plan as submitted was approved with no opportunity for modifications to address changes to Bonney Road. In an attempt to address these issues, the applicant revised the proffers to provide the City with the opportunity to notify the applicant prior to April 15, 2005 of its need to acquire portions of the subject site for alignments of Constitution Drive and / or Bonney Road. A "Right of Way Acquisition Agreement" is included providing the method of acquisition. Proffer 5 provides the method of allowing modifications to the site layout to accommodate the new alignment(s). However, Staff believes that the process for decision -making on the future flyover alignment should not be short-circuited. The transportation study is not yet complete and an alignment for a connection between Constitution Drive and the south side of 1-264 has not been finalized. Many people other than this applicant are affected by this decision. Stakeholder involvement is essential to the Cityview One, L.L.C. Page 3of3 process, and the alternatives must be evaluated based on impacts, benefits and cost, and public review. Thus, the preferable course of action with these applications is a deferral until the results of the study are complete, allowing for a project that accommodates and complements the alignments that are recommended by the study. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve the requests as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends deferral. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: (�i� Irk #14 CITYVIEW ONE, LLC Mks u�- November 10, 2004 Public Hearing REVISED on December 6, 2004 to reflect new proffers Staff Planner: Barbara J. 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. Location and General Information REQUEST: Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District. Conditional Use Permit for Multi -family Dwellings Conditional Use Permit for grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet LOCATION: Property located on the north side of Bonney Road at its intersection with Bendix Road GPINS: 1477624691; 1477623295; 1477621346; 1477720566; 1477721665; 1477722699;1477724744;1477721810;1477731024;1477730276; 1477724965 CITYVIEW ONE, LLC Page 1 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 23.8 acres EXISTING LAND USE: Undeveloped property SURROUNDING North: . Multi -family condominiums and apartments across LAND USE AND Thalia Creek / B-4 Mixed Use District and A-18 ZONING: Apartment District South: . Office buildings and Hotel across Bonney Road / B- 3 Central Business District and 0-2 Office District East: . Office buildings and duplex dwellings across Thalia Creek / 0-2 Office District and R-51) Residential District West: . Office buildings/ B-3 Central Business District and 0-2 Office District NATURAL The site is separated into two land areas. The western half, Parcel A, RESOURCE is surrounded on the northern and eastern sides by Thalia Creek, a AND tidal tributary to the Chesapeake Bay. The eastern half, Parcel B, is CULTURAL surrounded on the western, northern and eastern sides by Thalia FEATURES: Creek. Both Parcels A and B are heavily wooded. There are approximately 7.5 acres of water, marsh and wetlands on both parcels combined. The proposed development has been reviewed for buffer encroachments by the Chesapeake Bay Preservation Area Board and the conceptual plan was approved by the Board in July 2004 with several conditions. The conditions are listed at the end of this report. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. CITYVIEW ONE, LLC Page 2 Summary of Proposal The proposal is for two distinct developments on the western portion and the eastern portion of the total site. The portions are shown as being connected across Thalia Creek by a pedestrian bridge and walkway system. The western parcel, Parcel A, is proposed for a multi -family apartment complex with 202 units. The conceptual plan shows a U-shaped building. The majority of the parking for the apartments is provided under the building and within a parking garage structure located in the middle of the site. There are some surface parking spaces around the perimeter of the parking garage. The eastern parcel, Parcel B, is proposed for four mixed use buildings. The uses proposed for these buildings could include any or all of the following; residential apartments/condominums, senior housing, offices, hotel, or retail. The conceptual plan shows that the majority of the residential units will be located within the large building shown fronting on Bonney Road. A parking structure is proposed as part of this large building to accommodate the majority of the parking needs for all of the buildings on Parcel B. There is also some surface parking provided around each individual building. A road to serve the parcel is shown on the plan to align with the stoplight at the Bendix Road intersection. A roadway shown running through this parcel is based on the alignment for Constitution Drive Extended as depicted in the current Capital Improvement Program. The portion of the roadway proposed to be built with this development is shown ending at the project's northern boundary and not extending across the creek. The proposed roadway may have to be re -located based on the provisions of Proffer 5, which address the results of a study currently being conducted to determine the specific alignment for crossings on the east and west side of the 1-264 and Independence Boulevard interchange to address transportation needs in this area. The proposed design and layout of the buildings incorporate many of the concepts used to create an urban atmosphere. Setbacks for the buildings are shown at zero to ten feet off of the right-of-way. Surface parking is minimized. All buildings are at the minimum height of 35 feet required by the ordinance for the B-4C District. The elevations show a particular architectural theme and coordinated building elements, resulting in an aesthetically pleasing project. The plan also depicts a pedestrian plaza and walkway system that includes two bridges over Thalia Creek. The pedestrian plaza is located north of the building shown on the western side of Parcel B. One bridge is shown extending from the plaza across the creek to connect Parcel B to Parcel A. The other bridge is shown connecting Parcel B to the existing end of Constitution Drive across Thalia Creek. This bridge is proposed to be located within existing City right-of-way. CITYVIEW ONE, LLC Page 3 T v kffi s r ,„axk�19`.r,.vs..eaki.F ,t u; r. , �r 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. • The Master Transportation Plan recommends a connection between the existing end of Constitution Drive and S. Independence Boulevard. This connection includes a road crossing over 1-264. For a variety of reasons, the exact alignment shown on the Master Transportation Plan is not feasible. A consultant to the Virginia Department of Transportation is conducting a study to determine the best alignment for the connection within the general corridor shown on the Master Transportation Plan. The current alternatives for the connection all affect the site proposed for rezoning. • The results of the study mentioned above will affect how Bonney Road will function in the future, which will undoubtedly affect the proposed development. • The process for decision -making on the future flyover alignment should not be short-circuited and should involve all stakeholders, including the applicant, but also including other interested parties in the affected area. • The proffered plan should address all impacts of the proposed rezoning on existing public infrastructure and surrounding land uses. • The proffered plan should provide a reasonable level of predictability concerning the function and quality of the proposed development. • The proffered plan should be consistent with the Comprehensive Plan, including the Mixed Use Development Guidelines. . .w..Pa _.... .. 1a:ac.. _. ..r1 ( '::v..6.k....1&u �3v • � �� ��. Comprehensive Plan The Comprehensive Plan identifies this site as being within Strategic Growth Area 4 — Pembroke Area. The Pembroke Strategic Growth Area consists of many tracts of land that widely differ with respect to type, intensity, character and value of land use. This SGA enjoys a locational advantage within the City of Virginia Beach and the region. Significant investments and ongoing economic growth is occurring within many sectors of the Central Business District. The B-4C Central Business Mixed Use District was CITYVIEW ONE, LLC Page 4 created to encourage continued private investment in reshaping this area consistent with the recommendations of the Comprehensive Plan. This application is the first proposal to request a rezoning to B-4C Central Business Mixed Use District. The purpose of the B-4C Central Business Mixed Use District is to provide an area that complements the B-3A Pembroke Central Business Core District through quality mixed use development around the periphery of the Central Business District (CBD) at intensities and patterns that support multiple modes of transportation, higher residential densities, and an integrated mix of residential and non-residential uses within the same building or on the same lot, while at the same time being compatible with less intensive uses farther out from the CBD. Requests for rezonings to the B-4C Central Business Mixed Use District are to be limited to the area surrounding the B-3A Pembroke Central Business Core District in the area generally bounded by Thalia Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and Jeanne Street and Broad Street on the north. Development within the B-4C Central Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use Development Guidelines. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(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. Proffer #1: When the Property is developed subject to the provisions of proffers numbered 4 and 5, it shall be developed substantially as shown on the exhibits entitled "CityView Preliminary Concept Site Plan" and "CityView Development Plan", each dated 4/1/04, prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as "Concept Plans"). Proffer #2: When the residential, non-residential and/or mixed use buildings depicted on the Concept Plans are developed, they will be in substantial compliance with the Mixed Use Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "Phase A — Elevations", "Phase CITYVIEW ONE, LLC Page 5 B — Elevations", and "Aerial Rendering" for "CityView Bonney Road", prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "CityView Renderings"). Proffer #3: So long as Grantee does not tender a "Realignment Notice" as described in Paragraph 5 below, Grantor agrees to dedicate the depicted segment of Constitution Drive, which crosses "Phase B" of the Property, consistent with the alignment currently specified in Grantee's Master Transportation Plan. Grantor agrees to construct that portion of Constitution Drive as specified above, which crosses Phase B of the Property and is above the ten (10) foot contour line, substantially as shown on the exhibit entitled "Road Section", CityView Bonney Road, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as "Road Section". Proffer #4: If requested by the Grantee, Grantor shall not submit and Grantee shall be under no obligation to review a final site plan, for that portion of the Property designated as Phase B of the Property prior to April 15, 2005. Proffer #5: In the event Grantee specifically notifies the Grantor, in writing, prior to April 15, 2003, of its decision to adopt a modified alignment of that segment of Constitution Drive which crosses the Property and / or its decision to adopt a modified alignment of Bonney Road in a manner which relocates it upon the Property ("Realignment Notice"), the Grantor will adjust and revise the Concept Plan to (a) remove the alignment(s) now depicted and incorporate the modified alignment(s) as specified in the Notice; and (b) relocate and modify the building footprints consistent with the specifications contained in proffer 2 above. The Director of the Virginia Beach Department of Planning shall determine whether Grantor's revised Concept Plan is consistent with proffer number 2. Proffer #6: In the event Grantee provides Grantor with the "Realignment Notice", Grantee's acquisition of those portions of the Constitution Drive and / or Bonney Road right of way(s) located upon the Property shall be governed by a "RIGHT OF WAY ACQUISITION AGREEMENT' dated November 30, 2004. Proffer #7: The buildings depicted on the Concept Plans may vary in the number of stories they contain from the buildings depicted on the CityView Renderings. The buildings within Phase A may range from 4 to 6 stories in height. The buildings within Phase B may vary from 3 to 15 stories in height. Proffer #8: When Phase B is fully developed, there will be a minimum of 45,000 square feet of building area devoted to non-residential uses. The buildings within Phase B may contain 470 residential units or such larger number as permitted under CITYVIEW ONE, LLC Page 6 Section 902(b) (7) of the Comprehensive Zoning Ordinance. Parking will be provided in accordance with the requirements of the B-4C Central Business Mixed Use District. Proffer #9: Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation of The proffers listed above address the major issues Proffers: identified by staff. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated March 31, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluabon' Staff is satisfied with the provisions of the proffers submitted to the Planning Commission and then finalized after the commission hearing. Staff, therefore, recommends approval of these of the conditional change of zoning and the conditional use permits. The proffered plan conflicts with the alternatives depicted in the on -going study of the Constitution Drive connection between the Town Center and the south side of 1-264. The Virginia Department of Transportation (VDOT) consultant handling the study is on schedule to complete work within the next 60 days. The study involves various alternative road layouts that affect the subject site. The road layout currently shown on the plan is not one of the three being studied and is not considered a viable alternative in the study, as its continuation to the south is not possible due to the location of significant existing development along 1-264. With continued growth in the Pembroke Area as called for in the Comprehensive Plan, additional connections between Virginia Beach Boulevard and S. Independence Boulevard are vital to ensure a business center that functions from a transportation and economic perspective. Continued intense development, such as that proposed with this application, is dependent on it. The opportunity to preserve a viable alignment for the connection recommended by the Master Transportation Plan through this site is essential to provide the transportation improvements necessary for the entire Pembroke Area. CITYVIEW ONE, LLC Page 7 The future of Bonney Road is also tightly tied to the study mentioned above. The function of the roadway may change based on the flyover alignment that is decided upon. This road may need to be widened or it may need to be relocated. Because the proffered plan shows zero setbacks for the buildings fronting on Bonney Road, the opportunity for widening or changing location of the roadway in the future is severely restricted if the plan as submitted was approved with no opportunity for modifications to address changes to Bonney Road. The process for decision -making on the future flyover alignment should not be short- circuited. The route of the connection has not been finalized and many people other than this applicant are affected by this decision. Stakeholder involvement is essential to the process, and the alternatives must be evaluated based on impacts, benefits and cost, and public review. Thus, based on discussions between the City and the applicant, the applicant has proffered provisions that provide the City with the opportunity to notify the applicant prior to April 15, 2005 of its need to acquire portions of the subject site for alignments of Constitution Drive and / or Bonney Road. A "Right of Way Acquisition Agreement" has been developed to provide the method of acquisition and Proffer 5 provides the method of allowing modifications to the site layout to accommodate the new alignment(s). 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. CITYVIEW ONE, LLC Page 8 ME Supplemental lnformationy` Zoninq History # I DATE REQUEST I ACTION 1 02/10/86 REZONING from 0-1 Office to B-3 Central Business GRANTED District 2 09/13/82 REZONING from R-8 Residential to 0-1 Office District GRANTED 3 03/10/98 REZONING from 0-1 Office to A-36 Apartment District GRANTED and CONDITIONAL USE PERMIT (senior housing) 4 02/01/00 STREET CLOSURE GRANTED 5 10/14/85 REZONING from 0-1 Office to B-3 Central Business GRANTED District 6 09/06/88 REZONING from 1-2 Industrial to B-3 Central Business GRANTED District CITYVIEW ONE, LLC Page 9 Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan shows Constitution Drive as a 100 foot divided roadway leading to a 150 foot right-of-way crossing 1-264 and connecting to Independence Boulevard on the south side of 1-264. A VDOT consultant is currently developing several alternative alignments for this roadway concept at the request of the City of Virginia Beach. All of the three alternatives being studied affect the subject site. The alignment study is scheduled to be complete within the next 60 days. CIP Proiect #2-208 Constitution Drive Extended This project is for the widening and new construction of a four lane highway along Constitution Drive from Columbus Street to Bonney Road, a distance of approximately 0.5 mile. In the 2004-2005 CIP document, no funding is identified for this project until FY 2009-10. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 16,600 22,800 ADT' - 7,600 Bonne Road Y ADT Proposed Land Use 3 - 12,931 ADT average Dann y i Na 2 as defined by 23 acres of O-2 Office 3as defined by 672 apartments plus non-residential use The number of trips generated by the proposed land use, 12,931 ADT, is an approximation based on the conceptual plan submitted. The applicant has not submitted the required Traffic Impact Study for this proposal that would provide the level of detail needed to make a more accurate estimate of the trip generation. However, it is evident that even if the subject site were to develop under the existing zoning of 0-2 CITYVIEW ONE, LLC Page-10 Office, Bonney Road will be operating at or above its present capacity. This underscores the urgent need to provide viable transportation alternatives within the Pembroke area. Public Utilities Water: I This site must connect to City water. Sewer: City sanitary sewer is available. Sanitary sewer and pump station analysis for Pump Station 501 is required to determine if flows can be accommodated. Construction plans and bonds are required. Public Schools School Current Enrollment Capacity Generation' Change 2 Thalia Elementary 679 730 79 79 Independence Middle 1502 1347 41 41 Princess Anne High 2205 1 1751 156 156 "generation represents me number or sivaenis mai me aeveiopmenr win aw w u Ie sa wvi 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 Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: The Fire Department concerns will be addressed during detailed plan review. CITYVIEW ONE, LLC Page-11 � O d q 3 i soy E � y � S �100. uj ice Exhibit B - 1 Concept Plan VIA A snow MR ....... ....... ... I ----------- . CITYVIEW ONE, LLC Page 14 Exhibit B - 2 Preliminary Plan ice CITYVIEW ONE, LLC Page 15 Phase A P,maN Ran 40 Wm Building A Building B Building C BONNEY ROAD Developer Ripley Heatwole, Inc. Urban Planner & Designer CIVISS Architects, PC MEN mmm IRMO Lm bo- Exhibit C - 1 Proposed Elevations CITYVIEW ONE, LLC Page 16 Building B Building C Developer 'kase e Ripley Heatwole, Inc. , Urban Planner & Designer CMSS Architects, PC Aret mma'V man ��� & ig✓ wn M,. rx ..Harp �':. i.a.abysn2r xlxM1P meY »a a�A1 x^ik aCxWOLY txa� Y.s. Exhibit C - 2 Proposed Elevations Prehrr mwy Rnai .'irwwP7aFf( Ulona maY •�aryai`r, sMt OclxesF kaaiha�ls. Urban Planner & Designer CMSS Architects, PC SOME 1111 6R-O-+— {CT F Exhibit C - 3 Proposed Elevations NOIZV3I'IddV 9NUIOZH1dN0UIQNO3 z 2w w w Cti U) 0 1 U M Fal IM 'S JT J- r 2 go U0 'Lz A z 0 Qj 41 a 3, 3 M X Z E EE E E.2 EU B n o -1 0 zo — 4' 6w,O '6. Z' f'i 22 ftm Ig R 2; rz 2 s z 0 CLM= I 0 E'92 A a C 73i 7U c �5 Zi 238 E 8 0- 0 ul ot g o E R zi k -J 1 03, Z 'L2 m IL 5 kv 2� & Z g J; =1 21 1 891 i 11 o' a 3z 2 o In o 5 78 NOI�,U'JI'IddN Exhibit D - 1 Disclosure Statement CITYVIEW ONE, LLC Page 19 Noilv3lqddv 11WHad asa IWOUMN0%.r F- z w * W rN W a .7 0 U (n a F- Z w i w w a U U) 0 m O° L U w { C C .O O OG m= C L. { U mm9 c u r. Na_ =nctrmE»Eom 74 W O _ = ,..gym 9.S �o may c co�m O uy��3p vs Lm w�OC L »E m's QOfl +ic wn>�iaQmNOV m mNa ecm m EwNmE o—� �' Q m E E" ° s m vN E^ a e m E UmoN c E".m c�mNmNm �ij N °n "c4 mm�B'�'p CN O ~ G� m N-� nN 60'mEN�Cp NOvi W G N p nE- �cN ": = w sa csngQEmEqoro. O p m p 9 y .. .O p m L Cqq E U mpp vi V$ m u� •.: L C m p 7 je R C� D 'O Qf g y� G 0 m m c$mrr a O oo m V V W O O d f L J m •^ = 7 7i 6 N� m �pw 0 8 i� o=cpi m n�U$ a'4, O ��4 n �f N m Q, o �i wpm= m V m...c .i ca ¢S i =`ono 6 o 0 0 Gvm 3 E�cwm 9 Y � p m a m G r y Lj -Owm t G C U oC ✓'. .-cw _ 2 ^1� — G O C N ✓:j jc O.—mccami w � a m O LG3 a o 6 > w ' o N c g z m E E r E 'g O p ^� my L .... w � `oa, p m J� Hg If 'Zmr.m N_ O !a _ �a3as oc `. j mN w�E m; ay�cpiEO m@ � of i, a 4�O o o >ci n cc a C c c >� r a ! E a _ _ _"8 _ a J d J U O L w G I❑ E O N U v 1 N ❑ q KO[J��'J17ddV 11WHRd"UHUNOUMN03 Exhibit D - 2 Disclosure Statement CITYVIEW ONE; LLC Page 20 Exhibit D - 3 Disclosure Statement SENTAR.A HEALTHCARE — LIST OF EXECUTIVE OFFICERS David L. Bernd Chief Executive Officer Ronald Bennion Vice President Mari- Blunt Vice President Robert Broermann Senior Vice President, CFO and Treasurer Bob Graves Vice President Michael Dudley Senior Vice President Les Donahue Vice President Vicky Gray Vice President Rodney F. Hochman, M.D. Executive Vice President and Chief Medical Officer Donald V. Jellib Vice President Howard P. Kem President and Chief Operating Officer Kenneth M. Krakaur Senior Vice President Bert Reese Vice President Michael Taylor Vice President Douglas Thompson Vice President CITYVIEW ONE, LLC Page 21 Exhibit E - 1 City of Virginia Beach, Virginia Fiscal Years 2004-05 through 2009-10 Capital Improvement Program �.:...:-- r-re-aea Supplemental Information (Capital Improvement Program Sheet) Responsible Oe t: Public Works Business Area: Quality Physical Environment Total Total Budget Unappropriated Subse uent Years Futur; Year 2 Year 3 Year 4 Year 5 Year 6 Programmed Appropriations Year 1 Programming Costs To Date FY 2004-05 FY 2005-06 PY 2006-07 ! FY 2007.08 FY 2008-09 FY 2009.10 Requirement 1.650,000 0 0 01 01 01 01 1,650,000 14,129,50D Description and Scope This project is for the widening and new construction of a four -lane highway along Constitution Drive from Columbus Street to Bonney Road, a distance of approximately 0.5 mile. Purpose and Need Without this project, the traffic volume will become more congested due to increasing development around the Pembroke area. This project will provide a link from Virginia Beach Boulevard to Bonney Road and 'help alleviate traffic at the intersectior of Independence Boulevard and Virginia Beach Boulevard. History and Current Status This is a new project in the FY 2004-05 CIP. Operating Budgetary Impact Basis for Estimate FY 2004-05 FY 2005-06 FY 2006.07 FY 2007-08 FY 2008.09 FY 2009-10 Impact estimated to begin in FY2013-14 G 0 0 a 0 0 Schedule of Activities Activity From - To Amount Design 10109-10110 1,500,000 Site Acquisition 10110-10111 2,500.000 VIRCINtA BEACH BLVD. Private Utility Adjustments 10111-06112 100,000 _ Construction 06112-06113 9,442,000 r) Street Lights 06113-08113 87M0 O Landscaping 06113-08113 50.000 Contingencies 10109-08113 2100.000 Total Budgetary Cost Estimate 15,779.500 cC Total Non -Programmed Costs 0 C.,, - .- Total Programmed Costs 15,779.500 z - Vf Means of Financing Funding Source Amount Charter Bonds 1.650,000 r Z Total Programmed Financing 1,650,000 z Future Funding Requirements 14,129,500 C Z .............. 1264 Fiscal Year 2004-05 4 - 29 Quality Physical Environment CITYVIEW ONE, LLC Page 22 Exhibit E - 2 Supplemental Information (Chesapeake Bay Board Approval PROPERTY OWNER: SENTARA HEALTHCARE — Letter) ROBERT SOUDERS Application of SENTARA HEALTHCARE 1 ROBERT SOUDERS for a variance to Section 106 of the Chesapeake Bay Preservation Area Ordinance on property located at PARCEL A & PARCEL B, NORTH SIDE OF INTERSECTION OF BENDIX AND BONNEY ROADS. GPIN #1477-62-4691-0000, 1477-62-3295-0000, 1477-62-1346-0000, 1477-72-0566-0000, 1477-72-1665-0000, 1477-72-2699-0000, 1477-72-1810-0000, 1477-73-1024-0000, 1477 73-0276-0000, 1477-72-4965-0000. DISTRICT 5 — LYNNHAVEN. BOARD ACTION: APPROVED WITH CONDITIONS ON JULY 26, 2004. 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance. 2. Dual 36" erosion and sedimentation control measures (silt fences) shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Additionally, a heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 3. Construction limits shall lie a maximum of 10' seaward of all improvements or consistent with the revised site plan dated July 17, 2004. 4. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 5. All stormwater shall be conveyed to structural stormwater management facilities as shown on the submitted site plan, inclusive of Bonney Road. 6. If and when the shoreline is hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (timber or steel bulkhead). Said condition shall be so noted on the site plan. 7. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be based upon 25% of impervious cover within the Resource Protection Area. The formula for payment is as follows: 25% of square footage of impervious cover within the buffer divided by 27 (cubic yards) times 15 (estimated bushels of oyster shell within a cubic yard) times $1.65 (cost of shell and cost to plant). Exhibit E - 3 Supplemental Information (Chesapeake Bay Board Approval Letter — 2) 8. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 9. Exclusive of the access points where the pedestrian bridge interfaces with uplands, no portion of the porous pavement walkway shall lie within the landward 50' portion of the buffer. 10. Forebays shall be added to bio-retention facility numbers 1 and 2. 11. A separate landscape 1 buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. 12. Tree compensation for those trees removed from the Resource Protection Area shall be at a 3:1 ratio and shall be comprised of a minimum of 50°% evergreen and 50% deciduous species. 13. The conditions and approval associated with this variance are based on the site plan dated July 13, 2004, prepared by Pinnacle Group Engineering, Inc. 14. A certified arborist shall provide written verification as to the disposition of the residual forested buffer, those portions of the buffer to be restored, clearing for site lines and vistas, the need for forest floor amendments, and the removal of vegetation along shorelines to augment the growth of tidal vegetated wetlands and erosion abatement. Said arborist shall provide assistance before, during and after the project to ensure forested buffer resources are protected. City staff will consult with the arborist on a routine basis. 15. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Exhibit E - 4 RIGHT OF WAY ACQUISITION AGREEMENT Supplemental Information "RIGHT OF WAY THIS AGREEMENT, made this 30th day of November, ACQUISITION 2004, by and between CITYVIEW ONE, L.L.C., a Virginia AGREEMENT") limited liability company (hereinafter sometimes referred to as "Cityview"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "City") . WITNESSETH: WHEREAS, Cityview, as contract purchaser of certain real property located in the City of Virginia Beach, which property is more particularly described in Exhibit "A" attached hereto and incorporated herewith by reference, (hereinafter referred to as the "Property"), has a pending application to conditionally rezone the Property from Unconditional 0-2 Office District to Conditional B-4C Mixed Use District before the Virginia Beach City Council; and WHEREAS, the proffered "Concept Plans" for development of the Property, submitted by Cityview incorporate the existing alignments of the public right of ways known as Constitution Drive and Bonney Road as contained in the City's Master Transportation Plan and the City's Capital Improvement Project # 2-208 Constitution Drive Extended; and WHEREAS, the Virginia Department of Transportation has recently undertaken a study to evaluate possible realignment and/ or relocation of that portion of Bonney Road between Independence Boulevard and S. Gum Avenue and that portion of Constitution Drive Extended located south of the Town Center; and WHEREAS, Cityview, acknowledges and agrees that its conceptual development plan as proffered with its conditional rezoning application, is potentially in conflict with the new alternative alignments being studied by the Virginia Department of Transportation; and WHEREAS, Cityview, for itself, its successors, assigns, grantees, and heirs voluntarily without any elements of quid pro quo for rezoning approval, agrees to the conditions and restrictions set forth herein which are intended to preserve the City's ability to acquire those portions of either right of way which the City may determine to realign upon the Property at current "fair market value" based upon the Property's current 0-2 Zoning in a timely manner; and WHEREAS, Cityview has requested to be permitted to proceed with its conditional rezoning application in a timely manner for contractual reasons, and the City is willing to permit the application to proceed to a public hearing before the Virginia Beach City Council under certain conditions. NOW, THEREFORE, for valuable consideration the receipt and sufficiency of which is hereby acknowledged by both Cityview and the City, the parties to this Agreement do hereby covenant and agree as follows: 1. The covenants, conditions and agreements contained herein are expressly subject to and contingent upon approval of this agreement by the City Council of CITYVIEEW ONE, LLC Page 25 the City of Virginia Beach, at its December 14, 2004 Public Hearing, in conjunction with requested approval of the pending application of Cityview for a conditional rezoning of the Property from Unconditional 0-2 to Conditional B-4C. 2. In the event the City tenders the "Realignment Notice" to Cityview as described in Proffer number 5 contained in the parties "Proffered Covenants, Restrictions and Conditions dated March 31, 2004, Cityview agrees to convey to the City and the City shall take those actions necessary to acquire from Cityview, those portions of the Cityview Property which are (a) within the realigned right of way(s) of Constitution Drive and/or Bonney Road, and (b) rendered undevelopable as a consequence of the realignment (the "Acquisition Area"). For purposes of this Agreement, portions of the Cityview Property rendered undevelopable as a consequence of such realignment shall be those portions of the Cityview Property that consist of lots created as a result of the acquisition by the City of the realigned right of way(s) of Constitution Drive and/or Bonney Road and that cannot be developed as a result of the application of the City's or other governmental entity's laws, ordinances, rules or regulations or be combined with any other Cityview property in such manner as to create a developable lot. 3. The parties acknowledge and agree that the valuation of the Acquisition Area shall be based upon the Fair Market Value of the Property as of December 1, 2004 with the current Unconditional 0-2 Office District Zoning. 4. The parties acknowledge and agree that, upon tender of the Realignment Notice, the parties shall attempt to negotiate an agreed upon purchase price for the Acquisition Area. If the parties are not able to reach an agreement as to the Purchase Price by June 1, 2005, each party shall retain a duly licensed MAI appraiser to ascertain the value of the Acquisition Area and submit a written report of his/her basis for the valuation by September 1, 2005 ("valuations"). The parties shall exchange their respective appraiser's valuations by no later than September 10, 2005. In the event the difference between the two (2) valuations is less than or equal to ten percent (10%) of the greater of the two (2) valuations, the parties agree that the purchase price for the Acquisition Area shall be the lower of the two (2) valuations plus fifty percent (50%) of the difference between the two (2) valuations (i.e. higher valuation minus lower valuation, equals difference, multiplied by 50%). In the event the difference in the two (2) valuations exceeds ten percent (10%) and the parties cannot agree upon a purchase price, the two (2) appraisers shall, by October 1, 2005, select a third appraiser ("Final Appraiser") who shall review the two (2) valuations, conduct any additional research deemed necessary and issue a report of his determination of value, which value shall not be lower than the lesser of the two (2) appraisals nor higher than the higher of the two (2) appraisals. The Final Appraiser's report shall be complete by December 1, 2005, and the parties agree that the Acquisition Area valuation as determined by the Final Appraiser shall be the binding purchase price. Each party shall be responsible for its own appraisers' fees and expenses and one-half (1/a) the fees and expenses of the Final Appraiser. 5. Subject to appropriation of the necessary funds by the City Council in the same fiscal year in which payment is to be made pursuant to this paragraph,, the CITYVIEW ONE, LLC Page 26 City shall pay to Cityview the purchase price for the Acquisition Area by no later than March 1, 2006, time being of the essence. In the event the City shall fail to appropriate the necessary funds or to pay to Cityview the purchase price for the Acquisition Area as contemplated herein, this Agreement shall be null and void and of no force or effect, it being the intention of the parties that in such an event, the City will acquire the Acquisition Area either pursuant to a new agreement of the parties or by eminent domain at the fair market value of the Acquisition Area as of the date of recordation of a Certificate of Condemnation. Item #22 & 23 Cityview One, L.L.C. Change of Zoning District Classification Conditional Use Permit District 5 Lynnhaven November 10, 2004 REGULAR Joseph Strange: The next application is Item #22 & 23 Cityview One, L.L.C. An Ordinance upon Application of Cityview One, L.L.C. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road. An Ordinance upon Application of Cityview One, L.L.C. for a Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than 5,000 square feet and housing for seniors on property located on the north side of Bonney Road at its intersection with Bendix Road, District 5, Lynnhaven. Eddie Bourdon: It's a mouthful. Thank you Madame Chair. Ronald Ripley: I have an interest in this business of this application and I will be abstaining. Is this our last item? Dorothy Wood: This is our last item. Ronald Ripley: Please note my abstention please. Dorothy Wood: You certainly are not leaving for the day. Eddie Bourdon: For the record, it's my privilege to represent the applicants on this Cityview One, L.L.C. Cityview is what we have named this project. As Mr. Strange read based on our new B-4C Central Business Mixed Used District Zoning, we are requesting a Conditional Use Permit for multi -family dwellings and also a Conditional Use Permit for a carry -out food grocery store within in a mixed use building. There is no stand alone grocery store at all. We are, today withdrawing the Use Permit for the housing for seniors. Please note that. We may come back in the future as the development plan evolves and is on the ground with that but we will withdraw that Use Permit for the housing for seniors. As I said it to this Commission last month, these applicants have spent almost 12 months and ten of thousands of dollars developing a beautiful mixed use, land use plan. In actually going to the Chesapeake Bay Board and going through that process and getting kudos from them and approval of the plans from the Bay Board. We have done that in faithful reliance upon the ultimate and undeniable success of the City's vision for Town Center. We've also faithfully relied that the City's commitment and investment in the TIF District will succeed in spurring other private developers to develop and redevelop land in and around Town Center. And, finally we've faithfully relied upon the existing Master Transportation Plan and the CIP Project for Constitution Drive Extended. We certainly applaud and commend the City as was stated at the beginning of the meeting with the award given for it's vision and action in helping to create Town Center. Mr. Nutter did a beautiful job in describing Burrell Saunders and CMSS Architects and his vision and I will just readopt his statements about Burrell's abilities. This Commission also gave Mr. Saunders part of the award earlier this afternoon. Now, I'm going to have Burrell come up and provide you with a more detailed version of our vision for Cityview. Cityview is an entirely private investment between 70-90 million dollars proposed which will generate significant annual real estate tax revenues to the City exactly as what was contemplated and desired by the City when they put the seed money in and created the TIF District. After Burrell's presentation, any discussion that it may engender, I would appreciate the opportunity to address Constitution Drive and it's possible realignment and how we have agreed to deal with that with your staff, and also with the four conditions that were contained in the staff s evaluation, which I have passed out some revisions to those conditions. I will address those then. I'll ask Burrell to come up at this point. Thank you. Burrell Saunders: Good afternoon. I'm Burrell Saunders with CMSS Architectures. I'm very excited to be here to talk to you about Cityview. It's been a long time working on the Central Business District. The reason we started the whole process with the Central Business District and the downtown area that we're creating was to see the residual properties in the area start to develop in a different manner that served the City in a different way. It offered a different lifestyle. This project here is a great example of a project that has come forth because of the vision and the work that has been done in the Town Center making it possible. One of the reasons this group came to us when they started to talk about this property was the adjacency to the Town Center. A place where they could utilize the services of an entertainment, business, social, cultural, and now with the Art Center and total lifestyle place that we are evolving there. We were thrilled when we saw them come to the Central Business District looking because we were concerned that many of the properties are still being developed in a suburban style. These gentlemen came to the table and said we really want to look beyond that and look at the broader vision of the opportunity of creating a class "A" address here. It addressed the lifestyles. If we can flip to some of the renderings, I can talk you through it. The parcel is located on Bonney Road. It has an extension of Constitution that you can see through Parcel "B" that's set in place so that Constitution can be extended. As originally considered in the Master Plan really going back to the late 80's that the Planning Commission actually adopted. What we have here shown and if you remember in the early planning in the CBD, one of the goals was to take the Thalia Creek area, the natural area and keep it natural and blend it in the more urban setting that was going to occur. So, what you can see here surrounding this property, a large percentage of this, which all of the buildings are above the flood plain areas where the Thalia Creek is, and this leaves a wonderfully, beautiful forested area. Most of this is forested. It has a fair amount of trees in it and marsh lands as a backdrop or a setting. When we bring the buildings in tighter, what we don't have happening here that we typically would have are the types of densities that we have we would usually have most of that land being parking lots. Now what we have is a beautiful setting surrounding the buildings and the style of the buildings are pulled in to a much tighter urban setting. People living in this area and the idea on Parcel "A", which would be 202 residents living there is that they would be served by a parking structure that you see in the center and parking underneath the buildings. On the other side on Parcel `B", we're considering that to be a mixed use property that would mix office, hospitality, retail, for sale units, and for rental units in a total mixed use environment that would connect right back to the Central Business District, just a short walk away. What we're experiencing right now and I'm certainly experiencing this in my office, a lot of my employees that live in this area that literally walk to work. They don't even have to get in their cars. So, if your talking about traffic, if we can create a place where you can literally move in and out of the area without having to always depend on your car, it's a great opportunity and a great lifestyle that people are seeking today. Especially younger people and people that are empty nesters, those are the two groups that are really looking. We are seeing a real change in the demographics of people looking for these kinds of places. If we could flip it to the renderings, you'll see some ideas of the types of buildings that could occur. This is a series of urban scaled, real units on Parcel "A". This is a series of the types of buildings that will occur much taller, more urbanian type of buildings that would sit up to the street and have retail on the first floor, and rise up. They called it Cityview you can start to see this is looking Bonney Road with Constitution cutting through running right to left. A series of buildings that would vary in height from 3 to 4 stores up to 15 stories, allowing you to have a view back of the City Center that is being built with the natural setting in front of you. What a great opportunity to do upscale development and to move forward with the further advancement of the whole total vision for the Central Business District. I will answer any questions. Dorothy Wood: Thank you Mr. Saunders. Thank you for spending the day with us. Joseph Strange: Speaking in support is Andrew Heatwole. Eddie Bourdon: Mr. Heatwole is not going to speak. Thank you Madame Chair. What I wanted to address were the issues of Constitution Drive. As much as I would like to believe, and I like to hope and think that it hasn't been very long, the fact of the matter is that Constitution Drive Extended and the flyover concept for I-264 has been discussed and on the table since I was high school. It's still being discussed. We are and have designed this project to extend Constitution Drive and connect it from its current terminus north of us down to Bonney Road. We have proposed in accordance with the Master Transportation Plan to dedicate it and to build that section that extends north from Bonney Road to Thalia Creek on the high land, there would need to be a bridge built that we could not afford within the economics to actually build that bridge. We have proposed to build and will build a pedestrian bridge in addition to the vehicular bridge which would go in immediately so we would create that pedestrian shed. That ability for people to go on bike, foot or roller blade or by any other means that's not motorized to get from this development to Town Center and vice versa. With the City's looking at potential realignment of Constitution Drive, we have agreed to revise our proffers to withhold the submittal of any site plan for any of the development on this property until April 1, 2005 when we have been advised that we will receive either the go ahead to leave it as be or will be given a notice that the road is being realigned. Bonney Road could possibly be realigned. If that is done then we have agreed that we will revise our plans accordingly. However at that point, we would not be in a position to commit because we have no way of knowing to the ability economically to build the road as realigned. It may completely obliterate part of the development and it may not work. But because we must, under our contract proceed to close, and cannot get any more extensions, we need the zoning in place to get our financing to go forward with this project. We are willing to take the risk. We're perfectly comfortable that we will be able to work things out with regard to the City and protecting the City in terms of today's value for any right-of-way that needs to be required in the event that we do have to realign the road. It makes it not feasible for us to dedicate and certainly to build, but we will dedicate and build based on the current alignment because it fits well within our plan as well as what's on the ground out there. So, that's the big issue that I'm confident that we have addressed and are on the same page with the City staff on in terms with the revisions to the proffered agreement. I see that my time has run out. The other thing that I wanted to mention was the four conditions that I passed out revisions to those conditions if this is something that this body desires to move forward with. We certainly hope, and really do need to have this move forward. The first condition that is recommended by staff is certainly acceptable. In fact, Brian Goodloe, our Traffic Engineer is here. The traffic study is basically complete. We will be submitting that to the City more likely on Friday. So that is perfectly fine. Condition #3 is also okay. I think it merely restates what the law would require anyway and the site plan issues with turn lanes. We don't have a problem with condition #3. We would request that Condition #2 be deleted. We would not be looking at setting our buildings 30 feet back from Bonney Road. We again, appreciate and are in agreement with protecting the right- of-way the City needs on Bonney Road, whether shifted or stays the same at today's fair market value as opposed to an increase value, which would to some degree, although it's very valuable today with its own 0-2 Zoning, we think it is much more valuable with this zoning. That we will deal with again, through the proffers and through the site agreement dealing with value to protect the City's need if necessary to acquire right-of-way at a value of today's value versus additional dollars with zoning. Lastly, Condition #4, we would propose that be reworded. Again, to some degree this may be premature and not make any difference depending on the actual alignment of Constitution Drive. If it should change but what it is indicating is if Constitution Drive is not realigned and stays where it is, then we would be obtaining approval with this zoning of our development plan for Phase "A". We are willing to limit, although we can't limit it to one, we limit to one full in and out entrance but we have to have one exit only because of the traffic circulation with our parking garage. Apparently Traffic Engineering had indicated that they prefer to see it have only one entrance. We can agree to it, exit only and one entrance. That is what number four deals with. If the alignment of Constitution changes it crosses Parcel "A", it will be redesigned. Parcel "A determines what goes where on Parcel "A". As I hope the Commission will do, you will recognize the clear benefit of this proposal. One that is truly in keeping what everyone had hope would happen and is happening around Town Center and because the investment that has been made because the reliance that we had on what's on the books and because of absolute need to move this process forward to get the zoning so we can get our appraisals and get our closing in accordance with our contract. We need to move forward. Thank you. Dorothy Wood: Would you please ansWer Mr. Miller's question? Eddie Bourdon: I'll be happy to. Robert Miller: I don't have a question. Sorry Mr. Bourdon. Eddie Bourdon: That's quite alright. Robert Miller: Mr. Scott is this in agreement with what we talked about this morning? The application, as Eddie has outlined is pretty close to what you talking about this morning? Robert Scott: Completely. I indicated that we need the opportunity to complete the study. We are doing it with strong encouragement of CBD Association, we being VDOT. VDOT's consultant is scheduled to done with study in December. At that time, they are expected to identify a series of alternatives for the routing of a flyover and also to make a recommendation. I think we need a little bit of time to decide together what the affected people in the CVD Association and the community as a whole, which one is appropriate. All of them affect this property. I am in agreement that some relatively high level of flexibility is in order as far as the relationship between the project and the road network. We really don't know what the road network is going to be. We feel that in principal we have worked out an arrangement where by they can do the things that they need to do and that is close, get their appraisals and go through all those processes that are important to them. We can go through the processes that are important to us. In other words, I think we have a win -win here. So, we do have some work to do in the next short number of days here to get it in order so that when it goes to City Council, it can be hopefully improved and we will set out to do that work. While we don't have the details settled, we have the principal settled. Dorothy Wood: Thank you. Gene. Eugene Crabtree: Can we go ahead and recommend approval for this application as it is? Robert Scott: As long as you know what you're getting. You don't have answers to the detailed questions. Eugene Crabtree: But all parties can go ahead and proceed. Robert Scott: They can go ahead and do that and when we get the details we can work it out. Eugene Crabtree: Can we make a motion? I'd make a motion to approve the application with the revised conditions. Dorothy Wood: Do I hear a second? Robert Scott: I don't have any revised conditions. I think what you need to do is approve what you have in front of you. Those need to be worked out in detail. Just remember we need to have the expectation that it is going to be adjusted between now and time it goes to City Council. William Din: Was it my understanding that you had withdrawn the Conditional Use Permit for the senior housing? Eddie Bourdon: Yes sir. The Conditional Use Permit for senior housing is withdrawn. As far as the four conditions of the Use Permit that I passed out, if it is easier, we can work those out between now and City Council as well. Stephen and Mr. Scott both provide them yesterday. They looked at them. I don't think they have any objection to them but we're perfectly happy to work closely with staff on those additions. I don't think anything in that part is really a significant impediment to this at all. It's the agreement with regard to protecting the values on the property that City needs to acquire right-of-way with the realigned road, which I think is the big issue. Eugene Crabtree: I'd like to make a motion that we approve it. I don't know how to word it. I'd make a motion to approve this application. Dorothy Wood: A motion by Gene and seconded by Kathy Katsias. Eddie Bourdon: Is that with no conditions? Is that the way? Kathy Katsias: No. Eddie Bourdon: The four conditions as we submitted to them or with no conditions? Robert Miller: They already had and you all are going to work together on those between now and the City Council. Eddie Bourdon: There isn't any disagreement, I don't believe with regard to what we indicated in those conditions. We're 30 feet back from Bonney Road will not work. We can't approval. Our whole appraisal is going to go down. I don't think that is what anybody believes is necessary that we be 30 feet back from Bonney Road, which is Condition #2. We also prefer that the condition not agree that we be limited to one entrance from Bonney Road for Phase "A". We haven't had any dialogue that has given us any belief that's a strong position. Again, the ultimate alignment of the road is going to deal with that issue in all likelihood anyway. Those two conditions in number 2 and number 4 as worded in the staff s recommendation, we cannot agree too. I don't think that in a recent conversation is taking a total adverse position to that. Dorothy Wood: Would you like a deferral for 30 days? Robert Miller: No. Let's go back. I misunderstood you. I thought you were saying that you wanted to work with the four conditions between now and Council. Eddie Bourdon: If you want to take them out? Robert Miller: Where do we go with this Bob? Robert Scott: I don't see exactly why Eddie has got a problem with what we wrote. We may have a little bit of problem with what he wrote. Eddie Bourdon: I agree. Robert Scott: I would prefer that if you're going to recommend approval that you recommend approval with no conditions. Eddie Bourdon: We're fine with that. Robert Scott: With the understanding that we're going to be working in the next few days to get the conditions worded the way they need to be worded to get the things done. Eugene Crabtree: I'm fine with that. I'll change the motion so it's with no conditions. Robert Miller: Are you ready to vote again? AYE 10 NAY 0 ABS I ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY ABS STRANGE AYE WALLER AYE WOOD AYE ABSENT 0 Ed Weeden: By a vote of 10-0, with one abstention, the application of Cityview One has been approved by the Board. Eddie Bourdon: Thank you all very much. Dorothy Wood: This meeting is adjourned. K. 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