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HomeMy WebLinkAboutFEBRUARY 22, 2005 AGENDACITY COUNCIL MAYOR MLYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIF.ZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 .IIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large TAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 22 FEBRUARY 2005 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM 1. BUILDING A FIRST CLASS RESORT David C. Sullivan, Chief Information Officer 2. SURRY REGULATIONS Michael Eason, Resort Services Coordinator - Convention and Visitor's Bureau 3. POLICE FIRING RANGE Deputy Chief Gregory G. Mullen - Police Department 4. ANNUAL REPORT - REAL ESTATE ASSESSOR Jerald D. Banagan, Real Estate Assessor II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:OOPM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11 V. FORMAL SESSION 6:00PM II A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Rick Hocker Freedom Fellowship 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 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. EXCESS CITY -OWNED PROPERTY 2220 WEST BERRIE CIRCLE I. CONSENT AGENDA February 8, 2005 J. ORDINANCES 1. Ordinance to AMEND the City's Open Air Cafe regulations to establish guidelines and allow sidewalk cafes between 15th and 24th Streets on Atlantic Avenue. (Deferred February 8, 2005) 2. Ordinance to DECLARE as EXCESS PROPERTY a twenty-five foot (25') wi& strip of land adjacent to 2220 West Berrie Circle and AUTHORIZE the City Manager to execute an Agreement of Sale to AOS Properties, LLC. 3. Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows: a. $753,629 from the Department of Criminal Justice Services Law Enforcement Terrorism Prevention Program (LETPP) to the FY 2004-05 Operating Budgets of the Police and Sheriff's Department re equipment and technology b. $35,000 from the Federal Emergency Management Agency (FEMA) to the FY 2004-05 Fire Department Operating Budget re funding the Citizen Corps Council (CERT) c. $15,000 from the Virginia Foundation for the Humanities to the FY 2004-05 Library Department Operating Budget re the study of African -American Genealogy in Virginia d. $9,180 (the second of three grants) from the Norfolk Foundation, to the FY 2004-05 Library Department Operating Budget re access to online databases 4. Ordinance to AUTHORIZE the City Manager to execute an AMENDED Cost Participation Agreement with KGS Construction Company re construction of road improvements along Stumpy Lake Lane and Archdale Drive. 5. Ordinances to AUTHORIZE temporary encroachments into the City's right-of-way for: a. FRED C. MCKINNEY at Cullen Road re water, sewer, stormwater pipe and driveway (DISTRICT 4 — BAYSIDE) b. WINIFRED J. AND MICHAEL D. MARQUART at 1100 Wythe Lane re pavers, stone call box, electrical conduit, columns and fencing (DISTRICT 5 — LYNNHAVEN) 6. Ordinance to AUTHORIZE acquisition of property in fee simple for easements by agreement or condemnation re right-of-way for Shipps Corner Road Bridge replacement K. PLANNING 1. Petition for 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) for CARLTON E. and LAURA R. SEAY at 1301 Harris Road. (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROVAL 2. Application of FIVE DOG NIGHT, L.L.C. for a Conditional Use Permit re a commercial kennel at 2901 Shipps Corner Road. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 3. Application of KENNETH A. HALL FAMILY LIMITED PARTNERSHIP for a Conditional Use Permit re motor vehicle sales and service at 4372 Holland Road. (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL 4. Application of GEORGE B. and EDNA F. PAULMINO for a Conditional Use Permit re housing for seniors and disabled persons at 1236 Kempsville Road. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of SBA COMMUNICATIONS, INC. for a Conditional Use Permit re communication tower at 2165 Pungo Ferry Road. (DISTRICT 7 — PRINCESS ANNE) DEFERRED INDEFINITELY MAY 28, 2001 and AUGUST 28, 2001 REFERRED TO PLANNING COMMISSION NOVEMBER 9, 2004 STAFF RECOMMENDATION: DENIAL PLANNING COMMISSION RECOMMENDATION: APPROVAL 6. Application of REED ENTERPRISES, INC. at Dam Neck Road and Holland Road: (DISTRICT 7 - PRINCESS ANNE) a. Chanze oZoning District Classi ication from AG-2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re an automobile repair establishment RECOMMENDATION: APPROVAL 7. Application of AEG PROPERTIES, L.L.C. at London Bridge and Harpers Roads: (DISTRICT 7 — PRINCESS ANNE) a. Change o Zoning District Classification from AG1 & AG-2 Agricultural Districts and R-20 Residential District to Conditional I-1 Light industrial District b. Conditional Use Permit re bulk storage of boats and RV's STAFF RECOMMENDATION: APPROVE REZONING/DENY CUP PLANNING COMMISSION RECOMMENDATION: APPROVAL 8. Application of ATLANTIC ENTERPRISES, INC. for the discontinuance closure and abandonment of a portion of 29 '/z Street at Pacific Avenue. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 9. Application of THE TAYLOR GROUP, L.L.L.P., Claude B. Brown, Betty B. and R. Edward Bourdon, Jr. for the discontinuance closure and abandonment of a portion of Old London Bridge Road at Harpers and London Bridge Roads. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: L. APPOINTMENTS Community Policy and Management Team — CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 Agenda 2/22/05st www.vbgov.com r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Revise the City's Open Air Cafe Regulations to Authorize Atlantic Avenue Sidewalk Cafes between 15t" and 24t" Streets and Establish Criminal Penalties for the Failure to Comply with Orders Closing or Revoking the Franchises for Such Cafes MEETING DATE: February 22, 2005 ■ Background: The proposed revisions to the City's Open Air Cafe Regulations were considered by the Council on February 8, 2005 and deferred to February 22, 2005. ■ Considerations: Staff is continuing to develop language concerning a requirement for aesthetically pleasing fagades, (and improvements if necessary) for outdoor cafes on Atlantic Avenue between 15th and 24t" Streets. ■ Recommendations: It is recommended that this matter be deferred once again to March 1, 2005 to develop criteria for fagade improvements. Recommended Action: Deferral to March 1, 2005. Submitting Department/Agency: Virginia Beach Convention and Visitors Bureau City Manager: ,1\7� 1 , �rZ HAPA\GG\ORDRES\ARF'tp naircegsarf.doc J 1 AN ORDINANCE TO AMEND THE CITY'S 2 OPEN AIR CAFE REGULATIONS TO 3 AUTHORIZE ATLANTIC AVENUE SIDEWALK 4 CAFES BETWEEN 15TH AND 24TH STREETS 5 AND ESTABLISH CRIMINAL PENALTIES 6 FOR THE FAILURE TO COMPLY WITH 7 ORDERS CLOSING OR REVOKING THE 8 FRANCHISES FOR SUCH CAFES 9 10 WHEREAS, by resolution adopted November 15, 1985, City 11 Council authorized the City Manger to promulgate Open Air Cafe 12 Regulations, which have been amended, from time to time, to 13 address concerns and issues that have arisen during the 14 operation of these cafes; 15 WHEREAS, these Regulations have, to date, prohibited 16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 17 WHEREAS, a pilot program permitting sidewalks cafes in 18 this area was conducted during the summer of 2004; and 19 WHEREAS, after the success of this pilot program, a 20 modification to the Regulations that would permit sidewalk cafes 21 on Atlantic Avenue between 15th and 24th Streets has been 22 proposed. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 1. That the City Manager is hereby authorized to 26 amend the Open Air Cafe Regulations to permit sidewalk cafes on 27 Atlantic Avenue between 15th and 24th Streets, as detailed in the 28 proposed revisions presented to the City Council. 29 2. That any owner, operator or employee of an open 30 air cafe located on Atlantic Avenue between 15th and 24th Streets 31 who willfully fails or refuses to comply with a lawful order of 32 a public safety official of the City of Virginia Beach to close 33 such open air cafe immediately or at such later time as may be 34 directed by such public safety official, for reasons of crowd 35 control, unruly behavior either within the establishment or in 36 nearby areas or for other reasons related to preservation of 37 public safety or public order, shall be guilty of a misdemeanor 38 punishable by confinement in jail for not more than thirty (30) 39 days and a fine of not more than One Thousand Dollars ($1, 000) , 40 either or both. 41 3. That, upon revocation or suspension by the City 42 Manager of a franchise to operate an open air cafe on Atlantic 43 Avenue between 15th and 24th Streets, any owner or operator 44 failing to comply with the order of the City Manager revoking or 45 suspending such a franchise shall be guilty of a misdemeanor 46 punishable by confinement in jail for not more than thirty (30) 47 days and a fine of not more than One Thousand Dollars ( $1, 0 0 0) , 48 either or both. 2 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on the day of CA-9487 OID/ordres/openairregsord.doc R-5 January 24, 2005 2005. APPROVED AS TO CONTENT: Virginia Beach Convention and Visitors Bureau APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' Office 3 REVISED RESORT OPEN AIR CAFE REGULATIONS SECTION 1. GENERAL PURPOSE Rev. 02/08/05 1. The Resort Open Air Cafe regulations are for the RT-1, RT-2, and RT-3 zoning districts located in the resort area specifically identified as adjacent to the Boardwalk, Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets. The regulations are designed to encourage cafes where they are appropriate, and promote an ambiance conducive to public health, safety, general welfare, and would serve as a public amenity. These general goals include, among others, the following specific purposes: LLA To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue sidewalks, and Atlantic Avenue side streets. 1.1.11 To preserve and enhance the character of the resort area. LLC To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. LLD To establish administrative and enforcement procedures for Open Air Cafes that are effective, efficient, and enforceable. 1.1.E To promote the construction of lightweight removable structures and the most desirable use of public property. Materials permitted for use in cafe construction are indicated in Section 5, "Cafe Requirements". The structure must be dismantled easily and not permanently attached to adjacent building. SECTION 2. DEFINITIONS 2.1 Resort Open Air Cafe is an outdoor restaurant directly adjoining an existing restaurant facility in the RT-1, RT-2 or RT-3 Zoning District which is exempt from additional off-street parking requirements. Cafes are franchised to operate on public property and are required to provide waiter and waitress full table service in a specific semi -enclosed space as described herein. No portion of an Open Air Cafe shall be used for any purpose other than dining or related circulation. Cafes must have direct access to the host restaurant. All cafes and the required adjacent/operating business will meet all ADA Standard disability access requirements (including rest room facilities). There are four types of cafes. 2.1.A Cafe employees shall not prepare or pour alcoholic beverages for delivery or sale to patrons within any category A, B, C, or D cafe; provided, however, that patrons may consume alcoholic beverages in these cafes in compliance with state regulations. 2.1.B Solicitation of any type, as described in Section 26-3 of the City code, from any cafe will result in immediate termination of franchise agreement. Category A - Boardwalk Cafe. A resort open air/boardwalk cafe is located on public property facing the boardwalk in the RT-1 zoning district. Category B - Connector Park Cafe. A resort connector park caf6 is to be located on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not to extend East of the building's property line. Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes e not permitted, Category D - Atlantic Avenue Side Street Cafe. A resort side street caf6 is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category E - Atlantic Avenue Sidewalk Cafe-15" to 24t' Streets. An Atlantic Avenue-151to 24 th Streets sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directiv adioinina an existiniz restaurant facilitv Districts is Avenue. SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFE PROGRAM 3.1 Fast Food Establishments. An establishment franchised or otherwise that offers quick food service of items already prepared and held for service, or prepared, fried, griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served from a counter in disposable wrapping or containers, exclusive of full waiter/waitress table service. Fast Food establishments will not be considered for outdoor cafes. SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC 4.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes: 4.1.A During the hours 12:00 p.m. to 11:00 p.m. 4.1.B Solo or duo live entertainment only. Connecting cafe do not constitute more than one entertainment venue. 4.1.0 All patrons of cafes shall be seated when being served in the cafe area. 4.1.1) The cafe franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the cafe is considered loud or disturbing. Amplification of music shall be directed within cafe area. 4.1.E Cafe operators shall receive one written warning that the music is not complying to the cafe regulations. Upon notice of a second violation, the cafe will forfeit their entertainment within the cafe. Continued violations or disregard will be grounds to terminate the cafe franchise agreement. SECTION 5. CAFE REQUIREMENTS 5.1 Category A - Boardwalk Cafe. A resort open air/boardwalk cafe is located on public property facing the boardwalk in the RT-1 zoning district. 5.1.A Setbacks: Category A cafes shall have a minimum setback often (10) feet form the western edge of the bicycle path. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.1.B Floor: Floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.1.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.1.1) Canopy: Boardwalk Cafes shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of the Boardwalk Cafes, except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Boardwalk Cafe. The valence of the awning shall not exceed twelve (12) inches in width. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.1.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.1.F Planting: Planting shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Cafe. One planting bed of not less than five (5) feet nor more than ten (10) feet. The City Landscape Services Department shall review and approve the applicants landscape plan prior to operating the cafe. 5.1.G Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk should be permitted. Access will meet all ADA Standard Disability Access requirements. 5.1.11 Size: Improvements on public property are limited to a cafe (maximum 800 sq. ft.) and one five (5) foot walkway. 5.1.I Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Cafe including landscape areas and City property adjacent to cafe is the sole responsibility of the designated franchisee. 5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Boardwalk Cafe. 5.1.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. 5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the cafe improvements. The bicycle parking area will be approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or similar paved area with a single load bicycle rack. This area will not be 4 included in franchise cafe area allowance, however, it should be made available for general public use. 5.2 Category B - Connector Park Cafe. A resort connector park cafe is to be located on public property in a Connector Park in the RT-1 zoning districts. The Cafe is not to extend East of the building's property line. 5.2.A Setbacks: Category B Cafes shall be a required to have minimum setback of ten (10) feet from the Atlantic Avenue curbline. The Cafe is not to extend East of the building's property line. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.2.13 Floor: The existing paved park surface may be used. In addition to floor requirements, the floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.2.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.2.D Canopy: Canopies are permitted but not required. If specified, canopies for Category B Cafes (Connector Park Cafes) should have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category B Cafes (Connector Park Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category B Cafe (Connector Park Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.2.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more 6� than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.2.F Planting: Additional planting may be required by City Staff for Category B Cafes (Connector Park Cafes). The City Landscape Services Department shall review and approve the applicants landscape plan. 5.2.G Access: One well-defined opening is required. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.2.11 Size: Improvements on public property are limited to a caf6 (maximum 800 sq. ft.). 5.2.I Maintenance: Cleanup and necessary maintenance of the area of a Category B (Connector Park Caf6) including landscape areas and City property adjacent to caf6 is the sole responsibility of the designated franchisee. 5.2.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Category B Caf6 (Connector Park Cafe). 5.2.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the Connector Parks. Category B Cafes (Connector Park Cafes) must use existing parking racks. 5.2.N Service Bar Openings: Service bar openings for waiter/waitress use are allowed into a Connector Park Caf6 only. Service bar opening will be maximum of 5 feet wide. Operation of bar must meet all ABC regulations. 5.3 Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue Sidewalk Caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes aFe not permitted between 15th and 24th Streets on Atlantic Avenue will be permitted separately as Category E cafes. Canopies are not allowed for 6 Category C cafes. However, awnings are permitted as defined in Section 5.3.1), Awnings. Category C Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. 5.3.A Setback: Category C Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right-of-way. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.3.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.3.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.3.1) Awnings: Canopies are not allowed for Category C Cafes(Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted; awnings extending beyond the dimension permitted in the Resort Area Facade Program (T) may be permitted based on review by City staff and the Resort Advisory Commission (RAC). Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.3.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.3.F Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.3.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business 7 entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.3.11 Size: Category C Cafes may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.3.I Maintenance/Operation: The Category C Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are permitted on the interior of the Category C Cafe (Atlantic Avenue Sidewalk Caf6). 5.3.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.3.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property. Category C Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. 5.4 Category D - Atlantic Avenue Side Street Cafe. A Category D Cafe (Atlantic Avenue Side Street Caf6) is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category D Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. Canopies are allowed for Category D cafes but not required. 5.4.A Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are recommended to be setback eight (8) feet, but a minimum distance of (6) feet clear sidewalk width, free from obstruction, is required for all Category D Cafes. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured 8 from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.4.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.4.D Canopy: Canopies are permitted but not required. If specified, a Category D Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category D Cafe (Atlantic Avenue Side Street Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.4.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. C 5AX Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.4.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.4.11 Size: A Category D Cafe (Atlantic Avenue Side Street Cafe) may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.4.I Maintenance: The Category D Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and ceiling fans are permitted on the interior of the Category D Cafe (Atlantic Avenue Side Street Cafe). 5AX Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.4.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property, Category D Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. - Atlantic Avenue Sidewa A Category E Cafe (Atlantic Avenue Sidewalk Cafe-15"' to 20' Streets) is to be located on the public sidewalk along Atlantic Avenue directly mlininina nn axiet;nv rectnnrnnt fnr;1;tv ;n the RT-') Inn;nR n;ctr;f-tc between 15"' and 24" Street. A franchise_ for these cafes will only be granted to those restaurants located on private property with 80% or more 10 of interior space dedicated to table and chairs for sit down service waiter or waitress. Category E Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non- use. 5.5.A Setback: Category E Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right- of-way. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the cafe frontage, which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign Poles, light poles, planting areas, tree grates, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.5.B Floor: Only the existing. paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted on private property only. 5.5.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be decorative in nature and constructed of finished painted wood, factory -finished metal, or a pre -manufactured heavy grade fiberglass or ornamental metal railing system. All cafe perimeter fence systems shall be reviewed by the city prior to approval for their use. Planter systems are encouraged to complement the fencing system. 5.5.D Awnings: Canopies are not allowed for Category E Cafes (Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted; awnings extending beyond the dimension permitted in the Resort Area Facade Program (Y) may be permitted based on review by City staff and the Resort Advisory Commission (RAC) Planning Design Review Subcommittee (PDRC) Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.5.E Cafe Furnishings: The furnishings of the interior of a resort open air cafd shall consist solely of moveable tables and chairs and decorative accessories. Tables and chairs shall be constructed of stainless steel 11 fiberglass, powder coated aluminum or other metal, painted, treated or natural finish exterior grade wood, high density polyethylene (HDPE) or an approved site furnishing system, All cafe furnishings shall be reviewed by the city prior to approval for their use. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.5.F Planting: Planter boxes on cafe railings are allowed. Selection of planting will be reviewed by City staff. All such planters or plantings shall be on or within the cafe. Cafe operators will be responsible for landscape maintenance of all planters 5.5.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business. Special consideration should be given to refurbishment of the restaurant fagade to allow access to the cafe from the interior of the restaurant at another location than the main restaurant entrance. French doors or similar door systems should be used to open the existing restaurant directly on to the outdoor cafe so as to not conflict with the main restaurant entrance area. In all possible cases, cafes should be accessed from the interior of the restaurant and not from the Atlantic Ave. sidewalk area Orientation of that opening will be reviewed by the CitX staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.5.H Size: Category E Cafes may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the cafe shall be reviewed by staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.5.I Maintenance/Operation: The Category E Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.5.J Lighting: Only incandescent lighting, candles, and holiday lights are permitted on the interior of the Category E Cafe. Special considerations may be extended to cafes located directly under city provided street lighting. 12 5.5.K Storage: Storage of any kind is not permitted on public property;, including trash or refuse. 5.5.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.5.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City property. Category E Cafes must use existing bike racks. 5.5.N Special Franchise Requirements: Every Category E Cafe franchise agreement shall contain the following special requirements, which shall control in the event of a conflict with an,, o�provisions of the Resort Open Air Cafe Regulations: 1. Alcoholic beverages shall only be served with meals, and only in unbreakable drinkware; 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the premises or to congregate therein, other than at tables provided by the establishment; 3. In the event a public safety official determines that the open air cafe should be closed earlier than the normal closing time for reasons of crowd control, unruly behavior either within the establishment or in nearby areas, or for other reasons related to preservation of public safety or public order, the operator shall close the open air cafe immediately or at such later time as directed by the public safety official, and the willful failure or refusal of any person to comply with such order shall be punishable as a misdemeanor, as provided by City ordinance; 4. The establishment must offer a full service menu (a copy of which shall be provided to the City Manager as part of the franchise application), and the open-air cafe may remain open only so long as all regular menu items served by the establishment are available to patrons, 5. All tables and chairs shall be removed from the premises upon the close of business each day and stored inside the establishment, and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any _pu_pr ose other than as an open-air cafe; 13 6. The operator shall not allow persons awaiting entry into the establishment or open-air cafe to form lines on the sidewalk, but shall admit patrons only from the inside of the establishment; and 7. The operator shall strictly comply with all fire, building, zoning, alcoholic beverage control, or health regulations in the operation of the open air cafe and the remainder of the establishment. 5.5.0 Revocation of Franchise: The franchise agreement shall provide that a Category E franchise may be revoked by the City Manager whenever the City Manager determines that one of the following conditions has occurred: 1. The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2. The owner or operator of the establishment has been assessed a civil penalty for violation of any fire, building, zoning, alcoholic beverage control, or health regulation arising from the operation of the establishment; 3. The presence of the open-air cafe is causing or contributing to a deterioration of the quality of the pedestrian experience or eg neral environment in the area, 4. The open-air cafe is in violation of any material term of its franchise agreement or the Resort Open Air Cafe Regulations; or 5. The operator has failed to comply with an order of a public safety official of the City directing that the open-air cafe be closed, as provided by Section 5.5.N (3) of the Resort Open Air Cafe Regulations. The franchise agreement shall also provide that the City Manager may suspend the owner or operator's privilege to operate the open air cafe under the franchise pending a final disposition of any criminal charge, alcoholic beverage control violation, or civil infraction arising from the operation of the establishment. 5.5.0 Effect of Revocation of Franchise: The franchise agreement shall provide that, upon revocation or suspension of a franchise by the City Manager, the owner or operator shall immediately cease operation of the open air cafe and shall remove all tables, chairs and other items located on City property within twenty-four (24) hours of the revocation or suspension. As provided by City ordinance, the failure of the owner or operator to comply with the order of the City Manager revoking or 14 suspending a franchise shall punishable as a misdemeanor. The franchise agreement shall authorize the City Manager to remove or contract for the removal of any tables, chairs, barriers and other items encroaching upon City property and charge the costs thereof to the owner or operator, which costs may be collected as real estate taxes are collected. SECTION 6. ADMINISTRATION AND ENFORCEMENT 6.1 Requirements for Application In order to create a Resort Open Air Cafe, the granting of a franchise agreement will be required. Applications (per Section 6.2) will be made to the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development/Resort Management Office and the Design & Planning Committee of the Resort Advisory Commission, and shall ensure continued compliance with applicable policies and guidelines in addition to those specifically stated herein. These requests will be reviewed by the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development (Resort Management Office), with recommendation for approval/disapproval from the Resort Advisory Commission, and will be reviewed and acted upon by the City Council of the City of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. Request for a variance to any of the following regulations may be reviewed by staff and the Resort Advisory Commission. Such consideration shall apply only to conditions relevant to the site and placement of the caf6, NOT construction material. Approval of the City of Virginia Beach Health Department and (when applicable) the State of Virginia Alcoholic Beverage Control Board is required for operation of Resort Open Air Cafes. A fee of one -hundred dollars ($100.00) shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. Applications for caf6 franchises to be received no later than March 1, proceeding summer season of anticipated construction and operation. No application shall be processed for the year in question that fails to meet the application deadline. The City Manager or his designated representative, is hereby authorized and 15 directed to prepare and adopt a procedure for the processing of such applications and the reporting to City Council of any detrimental effect which requested franchise may have on the public health, safety, welfare, and interest. City Council may deny or grant a franchise subject to such terms and conditions as City Council may, in its discretion deem proper. Notwithstanding any other provision of law, City Council shall deny any franchise request it determines, in its discretion, to be detrimental to the public health, safety, and welfare or interest. 6.2 Documents and Review Required for Application Three (3) copies of a preliminary site development plan, including a current physical survey, no older than 90 days, from building to the curb line, finish schedule, a landscape plan, and elevation drawings showing canopies and their relationship to the support buildings. Engineering/Site Plan review will be necessary for cafes requiring construction of a concrete slab and/or temporary improvements in the public right-of-way. Fifteen (15) copies of the final site plan will be required and should be submitted to the Development Services Center, Room 180, at the Municipal Center Operations Building (Building #2). Photographs of the proposed cafe site and building facade. RAC - Design Committee review and recommendation for approval/denial. Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and shall show by name and dimension all existing property lines, easements, buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, etc.), proposed and existing walkway systems, and proposed Open Air Cafe. Physical survey by land surveyor showing clear path and all obstructions. Elevations: Elevation drawings shall be prepared using a minimum scale of 1" _ 10'0" and shall show all existing and proposed structures directly adjoining the proposed caf6 structures. Two elevations are required: one front elevation and one side elevation and/or section drawing. Finish Schedule: Finish schedule shall include all finish materials proposed for the Open Air Cafe construction including a landscape plan. Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be accepted. 16 6.3 Insurance and Fees Applicant will provide liability insurance coverage not less than one million dollars ($1,000,000) for personal injury and property damage as required. The franchise fee is to be determined on a gross square foot basis/per year, payable to the City of Virginia Beach no later than May of the year in effect. The fees are as follows: Category A: Boardwalk Cafe Category B: Connector Park Cafe Category C: Atlantic Avenue Sidewalk Cafe Category D: Atlantic Avenue Sidestreet Cafe Category E: Atlantic Avenue Sidewalk Cafe — 15th to 24th Streets 2001 2002 2003 2004 2005 Category A 3.25 4.00 5.00 6.00 7.00 3% ** Category B 3.25 4.00 4.75 5.50 6.00 3% ** Category C 3.25 4.00 4.50 5.00 5.00 3% ** Category D 3.25 4.00 4.00 4.00 4.00 3% ** Category E 5.00 3%** ** 3% increase each year thereafter Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars ($10,000) as determined by the Public Works Department and the Resort Management Office. 6.4 Enforcement The franchise period shall be for one (1) year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes, an extension of the franchise may be authorized by the City Council for up to an additional five (5) year period. During the period in which the franchise is in effect, the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement, and is authorized to suspend the agreement if there is a violation of the agreement. 17 In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four (24) hours and a maximum of ten (10) calendar days to remedy its non-conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the cafe area. SECTION 7. DEMOLITION If applicant is required to demolish or remove cafe or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. In �NtA BFgCt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess City Property 2220 West Berrie Circle (Lot 24) MEETING DATE: February 22, 2005 ■ Background: AOS Properties LLC (A/K/A A.O.S. Properties, L.L.C.), a Virginia limited liability company (AOS), proposes to acquire a portion of a strip of land 25' wide owned by the City of Virginia Beach. The strip of land that AOS wants to purchase runs through its property located at 2220 West Berrie Circle (GPIN 1479-58-1512), Lot 24 in the Berrie Garden section of the City and contains 1,375 S.F. (0.03 AC). The City of Virginia Beach acquired title from the City of Norfolk in and to a parcel of real property which included a strip of land 25 feet wide extending westwardly from Lake Bradford to Lake Joyce by deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018, at Page 154. The deed contained reversionary rights and use restrictions that were released by Release of Reverter and Use Restriction dated February 26, 2002 and recorded in the above -mentioned Clerk's Office in Deed Book 4667, at page 1642. Council has previously declared portions of the strip of land 25' wide as excess and has sold it to the adjacent property owners. The most recent property that Council declared excess that involved the strip of land 25' wide was adopted on July 8, 2003, and was located on West Berrie Circle, (Lots 22 and 23) in the Berrie Garden section of the City. ■ Considerations: The Excess City Owned Real Property Committee reviewed the applicant's request and recommended that the strip of land running through AOS's property containing 1,375 S.F. (0.03 AC) be declared excess by City Council. There were no objections to conveying it to the adjoining property owner, AOS. The strip of land is 25' wide and it runs through AOS's property at 2220 Berrie Circle. The strip contains 1,375 S.F. (0.03 AC). The appraised value is $22,050. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Sell the strip of land 25' wide that runs through AOS's property to AOS or retain ownership of the strip of land. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Location Map, Summary of Terms, Agreement and Physical Survey Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate Y-,� & IN� City Manager:�L XAProjects\Excess Property\Calvin #1405 - Berrie Cir. RAB\Agenda.Frm.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE DECLARING CERTAIN PROPERTY LOCATED IN THE BERRIE GARDEN SUBDIVISION ADJACENT TO 2220 WEST BERRIE CIRCLE AS EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO AOS PROPERTIES LLC (A/K/A A.O.S. PROPERTIES, L.L.C.) WHEREAS, the City of Virginia Beach (the "City") acquired title from the City of Norfolk in and to a parcel of real property which included a strip of land 25 feet wide extending Westwardly from Lake Bradford to Lake Joyce (the "Property") by deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018, at Page 154. WHEREAS, the City Council is of the opinion that a portion of the Property 15 referenced as "APPROX. 1,375 S.F./0.03 AC (25'55')" as shown on the "LOCATION MAP 16 17 18 19 20 21 22 23 SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO 2220 WEST BERRIE CIRCLE (LOT 24) GPIN 1479-58-1512 AOS PROPERTIES LLC. (A/K/A A.O.S. PROPERTIES, L.L.C) SCALE 1"= 200"', attached hereto (the "Excess Strip"), is in excess of the needs of the City of Virginia Beach. WHEREAS, an appraisal of market value prepared by a qualified appraiser opining the value of the Excess Strip to be $22,050 has been delivered to and approved by staff of the City. WHEREAS, AOS Properties LLC (A/K/A A.O.S. Properties, L.L.C.), a Virginia 24 limited liability company ("AOS"), has proposed to purchase the Excess Strip from the City for a 25 purchase price of $22,050, the appraised value. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 2 7 OF VIRGINIA BEACH, VIRGINIA: 28 1. That the Excess Strip is hereby declared to be in excess of the needs of the 29 City and that the City Manager is hereby authorized to execute an Agreement 30 of Sale and any necessary documents to effectuate the sale of the Excess Strip 31 to AOS. 32 2. That the City staff approved appraised value of TWENTY TWO 33 THOUSAND FIFTY DOLLARS ($22,050) shall be the purchase price of the 34 Excess Strip. 35 3. That the Excess Strip and AOS's adjacent property shall be resubdivided to 36 eliminate interior lot lines for GPIN 1479-58-1512 (also known as Lot 24 of 37 Berrie Gardens). 38 4. That the Excess Strip shall be conveyed in accordance with the attached 39 Summary of Terms marked as Exhibit B, and such other terms, conditions or 40 modifications as may be satisfactory to the City Attorney. 41 This ordinance shall be effective from the date of its adoption. 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 43 72005. 44 CA-9461 45 R-I 46 PREPARED: 1 / 13/2005 47 APPROVED AS TO CONTENT 48 C. O 49 50 Public Works 51 RFAa �Si'R i i 52 APPROVED AS TO LEGAL 53 SUFFICIENCY 54 55 56 Oepartment of Law 57 58 59 X:\Projects\Excess Property\AOS (Formerly Calvin) # 1405 - Berrie Cir. RAMOrdinance.DOC, I` )III jl I � I I III I I I III II n I I LJ EXHIBIT A I I I 1 1 N. GREENWELL RD. �:�w ■ mm II II � II II LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO 2220 WEST BERRIE CIRCLE (LOT 24) GPIN 1479-58-1512 AOS PROPERTIES LLC. (A / K /A /A.O.S. PROPERTIES, L.L.C) SCALE:1" = 200' PREP. BY P/W ENG. CADD BUREAU 11/04 M.J.S. BERRIE CIR.DGN EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2220 WEST BERRIE CIRCLE SELLER: City of Virginia Beach PURCHASER: AOS Properties LLC (A/K/A A.O.S. Properties, L.L.C.), a Virginia limited liability company, PROPERTY: Approximately 1,375 S.F. (0.03 AC) LEGAL DESCRIPTION: ALLTHAT CERTAIN twenty-five (25) foot strip of land running in an east to west direction across and located within that certain lot, piece or parcel of land numbered and designated as Lot 24 of the subdivision of Berrie Gardens located in the City of Virginia Beach, Virginia, which subdivision is recorded in Map Book 25 at Page 4 in the Office of Clerk of the Circuit Court of the City of Virginia Beach. SALE PRICE: $22,050 as per appraisal CONDITIONS OF SALE • The Property shall be resubdivided at the Buyer's expense in order to eliminate interior lot lines for GPIN # 1479-5 8-1512. • The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. • The Buyer shall provide a physical survey. XAProjects\Excess Property\AOS (Formerly Calvin) # 1405 - Berrie Cir. RAB\Terms.doc AGREEMENT OF SALE THIS AGREEMENT OF SALE ("Agreement") made as of this .3 day of 2005, by the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Seller"), and AOS PROPERTIES LLC (A/K/A A.O.S. PROPERTIES, L.L.C.), a Virginia limited liability company, ("Buyer"). WITNESSETH: In consideration of the covenants and agreements of the respective parties herein set forth and in further consideration of the sum of TWENTY-TWO THOUSAND FIFTY DOLLARS AND NO CENTS ($22,050.00), Seller hereby agrees to sell, and Buyer hereby agrees to purchase the following described property (hereinafter the "Property") to wit: ALLTHAT CERTAIN twenty-five (25) foot strip of land running in an east to west direction across and located within that certain lot, piece or parcel of land numbered and designated as Lot 24 of the subdivision of Berrie Gardens located in the City of Virginia Beach, Virginia, which subdivision is recorded in Map Book 25 at Page 4 in the Office of Clerk of the Circuit Court of the City of Virginia Beach. Said twenty-five (25) foot strip being a portion of the same property conveyed to the Grantor by deed dated July 21, 1967, from the City of Norfolk, and recorded in the Clerk's Office of the circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018 at page 154. 1. Purchase Price. The total consideration is as follows: TWENTY TWO THOUSAND FIFTY DOLLARS ($22,050.00) in full for the Property. The purchase price shall be paid as follows: a. A deposit ( the "Deposit") in cash or by certified check in the amount of Two Thousand Two Hundred and Five Dollars and No Cents ($2,205.00) shall be paid by Buyer to the City of Virginia Beach as Escrow Agent (the "Escrow Agent") upon execution of this Agreement by all parties. The Escrow Agent shall deposit the Deposit into the general fund, accruing no interest, with the Deposit to be applied to the purchase price of the Property at the time of settlement. The Deposit shall be held in accordance with the provisions of this Agreement. b. The balance of the purchase price of the Property of Nineteen Thousand Eight Hundred and Forty -Five Dollars and No Cents ($19,845.00) shall be paid in cash or by certified check at the time of settlement. 2. Due Diligence/Contingencies. Buyer is hereby granted sixty (60) days from the date of full execution of this Agreement by all parties (the "Due Diligence Period") to inspect the Property in order to determine that the soils and subsurface conditions of the Property are suitable, in the reasonable opinion of Buyer, for Buyer's intended use, and to determine the existence of any adverse environmental matters or conditions in, on, under, about, or migrating from or onto the Property. If the Buyer determines during the Due Diligence Period that the soils and subsurface conditions of the Property are not suitable for its intended use, or determines that the existence of any adverse environmental matters or conditions in, on, under, about, or migrating from or onto the Property, Buyer reserves the right to terminate this Agreement of Sale by giving Seller written notice of termination not later than 5:00 p.m. on the last day of the Due Diligence Period. Upon receipt of such notification, the Deposit shall be returned to the Buyer within 14 business days and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as specified in Paragraph 9. 3. Settlement. Settlement proceedings shall be conducted at the Office of the City Attorney, Real Estate Annex, Building 20, Municipal Center, Virginia Beach, Virginia 23456. The settlement shall occur no later than thirty (30) days after the end of the Due Diligence Period as called for in Paragraph 2 hereof (the "Settlement Date") or at such other earlier time as the parties may agree. However, in no event shall the Settlement Date be later than ninety (90) days after the execution of this Agreement by all parties, time being expressly declared and agreed to be of the essence in this Agreement. Buyer's failure to comply with the terms and provisions hereof at the time and in the manner herein prescribed shall be deemed a material breach of this Agreement. In addition to the obligations to be performed hereunder by the parties at settlement, each party agrees to perform such other acts and to execute, acknowledge and deliver, subsequent to settlement, such other instruments, documents and other material as the other party may reasonably request and shall be necessary in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Property in Buyer. However, notwithstanding the foregoing, Buyer acknowledges and agrees that Seller has certain powers, purposes and responsibilities by virtue of being a municipality, and as such, its ability to execute instruments and documents or to perform certain acts is limited by the laws of the Commonwealth of Virginia, including but not limited to, its defenses of sovereign immunity. Nothing herein shall be construed to waive any of the powers, purposes, responsibilities or defenses of Seller as a municipality. 4. Premises Purchased As Is/Environmental Concerns. Seller neither represents nor warrants that there are no adverse environmental conditions upon the Property which would prevent Buyer's allowed use of the Property. Buyer purchases the Property "as is" and it shall be the responsibility of Buyer to determine whether or not there are any adverse environmental conditions, hazardous waste conditions, status as protected wetlands or endangered species which would prevent Buyer's proposed use of the Property. Buyer releases Seller of and from and waives any claim or cause of action Buyer may have against Seller, under any federal, state or local law, ordinance, rule or regulation now existing or hereafter enacted or promulgated, relating to environmental matters or conditions, in, on under, about or migrating from or unto the Property, or by virtue of any common law right related to environmental conditions or maters in, under, about or migrating from or unto the Property. The provisions of this Paragraph shall survive settlement, the termination of this Agreement, or recordation of the Deed. —2— 5. Requirements of Settlement. a. This Agreement and any Conveyance of the Property are EXPRESSLY SUBJECT to Buyer's resubdivision of GPIN 1479-58-1512, and the vacation of all interior lot lines for each parcel to incorporate the Property into Buyer's adjoining property. b. This Agreement and any Conveyance of the Property are further EXPRESSLY SUBJECT to Buyer submitting a plan for review and the approval of said plan by the Planning Department prior to construction on GPIN 1479-58-1512. 6. Prorations. All rents, interest, taxes, utilities and other appropriate items shall be prorated and apportioned on a per diem basis as of the Settlement Date. Assessments, general or special in nature, pending or confirmed, shall be paid or satisfied in full by Seller at Settlement. 7. Settlement Costs and Expenses. Buyer shall bear cost of obtaining a title report for the Property and all other closing costs associated with settlement, including but not limited to, all recording costs and taxes, (except for grantor's tax), title insurance premiums and its attorney's fees and costs. Seller shall prepare the Deed conveying title to the Property to Buyer and shall pay all expenses of preparation of the Deed, the grantor's tax, if applicable and its attorney's fees and costs. Seller and Buyer each warrant and represent to the other that neither parry has had any dealings, negotiations or communications with any brokers or other intermediaries that would obligate either one of them for the payment of any real estate commission or fee as a result of this transaction. 8. Conveyance/Title. a. Seller agrees to deliver to Buyer at Settlement a Quitclaim Deed and to convey title to the Property, in fee simple, free and clear of all mortgages, liens, encumbrances, leases, parties in possession, security interests, subject to any and all other restrictions, rights -of -way, easements and encroachments of record on the date of execution of this Agreement and to the easements to be reserved by Seller in the deed of conveyance and any subdivision plat. b. Buyer shall have up to thirty (30) days from the date of execution of this Agreement by all parties to examine the record title to the Property and to raise any title objections disclosed by such examination. If such examination discloses that title to the Property is not marketable or is subject to an encumbrance, restriction, covenant or easement or record which adversely affects Buyer's intended use of the Property, Seller shall have the right to cure such defects or terminate this Agreement and return the Deposit to Buyer within fourteen (14) business days, and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as specified in Paragraph 9. If title to the Property is defective and the defects in title are not cured by Seller as provided herein, Buyer may terminate this Agreement by written notice to Seller not later than 5:00 p.m. of the Due Diligence Period. Upon receipt of such notification, the Deposit shall be refunded to Buyer within fourteen (14) business days and thereafter, —3— neither parry shall have any further rights against or obligations or liability to the other hereunder except as specified in Paragraph 9. If Buyer does not exercise the option to terminate, Buyer shall accept title to the Property with such title defects, the provisions of subparagraph a of this Paragraph 8 notwithstanding. 9. Access/Right of Entry. During the Due Diligence Period, Buyer, or its agents, contractors, representatives, successors and assigns shall be permitted access to the Property for the purpose of making such studies of the Property as necessary to determine feasibility of the Property for Buyer's planned use and to determine the existence of any adverse environmental matters or conditions. It is expressly agreed, however, that: a. Such access shall be at Buyer's sole risk and expense; b. Seller shall not be responsible for and Buyer shall indemnify and hold harmless Seller, and its agents, employees, volunteers, servants and officials against any and all claims, obligations, demands, actions or suits for bodily injury or property damage by any person arising from such access or the conduct of activities on the Property by Buyer, its agents, contractors, representatives, successors and assigns; and C. Neither Buyer nor any of its agents or contractors shall suffer or cause to be created any lien or encumbrance arising from such activities, and Buyer shall repair any damage to the Property resulting from such access. The obligation set forth in this Paragraph 9 shall survive settlement or termination of this Agreement. 10. Possession. Actual possession shall be given upon transfer of legal title at settlement, free and clear of any tenancies or parties in possession. 11. Risk of Loss. Risk of loss or damage to the Property by fire, wind, storm, or other casualty, or by exercise of the power of eminent domain, shall remain upon Seller until transfer of legal title at settlement. 12. Legal and Equitable Enforcement of Agreement . a. In the event the consummation of the transactions contemplated herein fail to occur by reason of any default by Seller, Buyer shall have the right (i) to receive the return of its Deposit hereunder, or (ii) to seek specific performance of this Agreement. b. In the event the consummation of the transaction contemplated herein fail to occur by reason of any default of Buyer, except as specified in Paragraph 9, Seller shall have the right to retain Buyer's Deposit as liquidated damages, (it being acknowledged and agreed that in such event it would be difficult to ascertain the exact amount of Seller's damages), and any other remedies that it may have for the breach of this Agreement. 13. Assignment. Buyer's rights under this Agreement may be assigned by Buyer with written notice to Seller, to any person, corporation, partnership or other entity on the condition that S� the assignee expressly assumes all of Buyer's obligations hereunder, and a copy of such assignment is provided to Seller. Any assignment made herein by Buyer shall not be interpreted as an agreement to extend the Due Diligence Period, Settlement Date or any of the provisions of this Agreement. 14. Survival. Unless the context otherwise requires, the provisions of this Agreement, including any indemnification, covenants, agreements, representations or warranties, shall survive settlement hereunder and delivery of the Deed. 15. Successors and Assigns. The terms and provisions of this Agreement are binding upon and will inure to the benefit of the parties, their respective successors and assigns. 16. Notices. All notices to be delivered hereunder shall be sent by U. S. Mail certified, Return Receipt Requested or delivered in person addressed as and to the attention of the respective persons set forth below. Each such notice sent by U.S. Mail shall be deemed delivered on the first business day following its receipt, refusal or attempted delivery, as appropriate, at the address of the party to be noticed, and each notice delivered in person shall be deemed given as of the date of actual delivery to such person. As to Seller: City of Virginia Beach Attn: James C. Lawson Department of Public Works -Real Estate Division 2405 Courthouse Drive, Building 2 Virginia Beach, Virginia 23456 As to Buyer: A. O. S. Properties, L.L.C. David B. Oglesby, Jr., Manager 505 South Independence Boulevard Virginia Beach, VA 23452 17. Governing_Law/Venue. This Agreement shall be deemed to be a Virginia contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate the Circuit Court of the City of Virginia Beach, Virginia as the proper venue for all litigation of issues relating to this Agreement. 18. Entire Agreement and Modification. There have been no other promises, consideration or representations made which are not set forth in this Agreement. There may be no modification of this Agreement, except in writing, executed by the authorized representatives of Seller and Buyer. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) —5— IN WITNESS WHEREOF, the said AOS PROPERTIES LLC (A/K/A A.O.S. PROPERTIES, L.L.C.), a Virginia limited liability company, has caused this agreement to be executed by David B. Oglesby, Jr., Manager of AOS PROPERTIES LLC (A/K/A A.O.S. PROPERTIES, L.L.C.), a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia 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. SELLER: CITY OF VIRGINIA BEACH IN (SEAL) ATTEST: Ruth Hodges Smith City Clerk City Manager/Authorized Designee of City Manager (SEAL) BUYER: AOS PROPERTIES LLC (A/K/A A.O.S. PROPERTIES, L.L.C.), A VIRGINIA LIMITED LI ILITY OMPA Y �. Uj L David B. Oglesby, Jr an ' r STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , by DESIGNEE OF THE CITY MANAGER. My Commission Expires: CITY MANAGER/AUTHORIZED Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of by David B. Oglesby, Jr., Manager of AOS PROPERTIES LLC (A/K/A A.O.S. PROPERTIES, L.L.C.), a Virginia limited liability company. 1—J E ftj0j' - K Notary P lic My Commission Expires: APPROVED AS TO CONTENTS S NATURE pit) Afro cc�C�( DEPARTMENT APPROVED AS TO LEGAL SUFFIECIENCY AND FORM X:TrojectsT_xcess PropertyWOS (Formerly Calvin) # 1405 - Berrie Cir. RAB\Agree sale vr2.doc =7= L,v 1 0 I'.J1U1 SURVEY NOTES: 1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. 2, FLOOD INFORMATION: THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE 'X- (OUTSIDE) (AREA OF 500-YEAR FLOOD; AREA DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN), AS SHOWN ON F.E.M.A.'S FLOOD INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 0003E DATED DECEMBER 5, 1996. 3, SITE AREA: 6,819 SOFT. OR 0.1565 ACRES (LOT AREA) 2.370 SO.FT. BUILDING AREA (2,387 SOFT. ALLOWABLE) 3,328 SQ.FT. IMPERVIOUS AREA (4,091 SQ.FT. ALLOWABLE) 4. SITE GPIN: 1479-58-1512 5. ZONING: R-5R 6. SITE AIRCRAFT ZONE: THIS SITE LIES WITHIN AIRCRAFT ACCIDENT POTENTIAL ZONE N/A AND/OR NOISE ZONE(S) <65 d8 Idn AND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO AIRCRAFT OPERATIONS, NOISE ATTENUATION MEASURES FOR NEW CONSTRUCTION MAY BE REQUIRED IN ACCORDANCE WITH THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND HEIGHT RESTRICTIONS HAVE BEEN IV(jjj04Mh1W"ANCE WITH SECTION 202(8) OF THE CITY ZONING ORDINANCE. LOT-26 0 b W 0 , j TH OF MERIDIAN SOURCE o WILLIAM R. PRITCHARD 2,5, PG. 4) 1 U NO. 002266 (M B' I 112S/OS LOT-25 I 25' SMIP+P TAL �� 9Y C,TY Or sLR\rV/Ai^i/Nbl BEACH I I S 05005,00" W /"" -KID FErdL:E 126.,3 -- : M0VF-il._. - j .. ALL M OT� ...k1S1i4G I f I �OT-24 :N_ 1 C N BETE AND DECK. -'' PRO o LO IPROPOSED ' PROfOSED I i I RRE"L i! 8 122C2—.STY ?iSTiN'' �arl�luh DU) � EX II PROPOSED PROPOSED EXi iiNC ORI"AY ORN£bG1Y N C1trdEWAY I 1B.00• 1B.O0' N 05'05100 , 7 • 5' I 1 I BERR/E C/RL (FORMERLY BERRIE CIRCLO Civil Engineers Land Surveyors Land Planners 757.431.10 Landscape Architects wplsite.com H\S RO SNORE OR m1 a LOCATION MAP Ilene: I•- loon U 0 , B%L 28.69' �\ ry O � ry/ WWI S T (50' R/W) i BZA VARIANCE EXHIBIT OF LOT-24 PLAT OF BERRIE GARDENS PLAT RECORDED IN M.B. 25, PG. 4, IN THE CLERK'S OF THE VIRGINIA BEACH, BEACH,GINIA VA HIVIRGINIA For AOS PROPERTIES, LLC REVISED l9 22 04 SCALE. 1 = 20 ' AUGUST VIRGINIA BEACH JN:204—I027 �u s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Law Enforcement Terrorism Prevention Program (LETPP) Grant MEETING DATE: February 22, 2005 ■ Background: The Law Enforcement and Terrorism Prevention Program (LETPP) is funded by the U.S. Department of Homeland Security through the Virginia Department of Emergency Management. The grant will assist state and local law enforcement agencies in preventing or responding to potential acts of terrorism. The City of Virginia Beach was awarded a LETPP grant in the amount of $753,629. The funding will be used to purchase equipment and technology needed by the Police Department and Sheriff's Department that was unable to be funded through the annual budget. The equipment will assist Virginia Beach's Law Enforcement Agencies to develop the capabilities to detect, deter, and disrupt acts of terrorism. The equipment includes night vision devices, metal detectors, security upgrades, ballistic body armor, personal protective equipment, and terrorism prevention/hurricane trailers and equipment. ■ Considerations: These funds will be used to purchase equipment that can be used to prevent terrorism and address the City's needs. For example, the LETPP grant will fund trailers to be used in response to incidents or hurricanes that may impact Virginia Beach. The trailers will also be used to store generators, lights, chainsaws, etc. One trailer will be permanently placed at each Precinct location and Special Operations. The City is not required to provide a match for this grant. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Alternatives: This grant provides funding to the City to allow the Police Department and Sheriff's Department to purchase equipment related to terrorism prevention, but was unable to be funded through the annual budget. ■ Recommendations: Accept the grant award of $753,629 and appropriate $614,741 to the Police Department and $138,888 to the Sheriff's Department. ■ Attachments: Ordinance, Grant Award Ltr. Recommended Action: Approval Submitting Department/Agency: Police Department City Manage . V , -76sol-1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $753,629 FROM THE U.S. DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO THE POLICE AND SHERIFF'S 4 DEPARTMENT'S FY 2004-05 OPERATING BUDGETS FOR 5 THE PURCHASE OF EQUIPMENT RELATED TO THE 6 PREVENTION OF TERRORISM 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 1. That $753,629 is hereby accepted from the U.S. Department 10 of Criminal Justice Services, with $614,741 of this amount 11 hereby appropriated to the Police Department's FY 2004-05 12 Operating Budget and the remaining $138,888 appropriated to the 13 Sheriff's Department's FY 2004-05 Operating Budget for purpose 14 of funding the purchase of equipment needed to prevent or 15 respond to acts of terrorism. 16 2. That estimated revenue from the federal government in the 17 FY 2004-05 Operating Budget is hereby increased by $753,629. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the day of , 2005. Requires an affirmative vote by a majority of the members of the City Council. AP OVED AS TO CONTENT: Management lllServices CA9503 R2 February 10, 2005 H:\PA\GG\ORDRES\LETPP GRANT ORD.DOC APPROVED AS TO LEGAL SUFFICIENCY: �u City Attorne Office r/' tKV'„M'gbe9c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Citizen Corps Council/CERT Grant MEETING DATE: February 22, 2005 ■ Background: The Citizen Corps Council/CERT programs were established in the summer of 2002 by President Bush as part of the Homeland Security initiative. Citizens Corps Council is a committee supporting the Community Emergency Response Team project managed by the Fire Department, the Medical Reserve Corps managed by Public Health, and the Neighborhood Watch program. All of these projects have the common thread of utilizing volunteers as the primary workforce. The Community Emergency Response Team program (CERT) utilizes local volunteers to support community emergency preparedness efforts as well as providing basic emergency intervention within neighborhoods to augment municipal service during large-scale manmade or natural disasters. The use of CERT volunteers during Hurricane Isabel in September of 2003 was widely applauded as an effective extension of City services. CERT volunteers offer residents immediate access to decision -making skills and expertise to prepare for and deal with the effects of a disaster. ■ Considerations: This FEMA pass -through grant is awarded by the Virginia Department of Emergency Services and provides funding to continue the Virginia Beach CCC/CERT program for a third year. During the previous year over 150 people were trained as CERT volunteers. This grant of $35,000 is used to fund recruitment and advertising activities, training and associated costs of CERT volunteers, as well as providing successful CERT graduates with basic personal protective supply kits. CERT Team coordinators plan to recruit 100 new volunteers in the coming year. There is no local match required for this program. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Alternatives: This grant provides funding for services that could not be provided by traditional municipal emergency service providers without significant increases to staffing and equipment budgets. ■ Recommendations: Accept and appropriate $35,000 for the CCC/CERT programs. ■ Attachments: Ordinance Grant Award Letter Recommended Action: Accept and appropriate $35 000. Submitting Department/Agency: Fire City Manager: Qzr % V I AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $35,000 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE FY 2004-05 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 TO FUND THE CITIZEN CORPS COUNCIL. 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 1. That $35,000 in additional federal revenue is hereby 11 12 13 14 15 16 17 accepted from the Federal Emergency Management Agency and appropriated to the FY 04-05 Operating Budget of the Fire Department to cover costs associated with the Citizen Corps Council. 2. That estimated revenue from the federal government in the FY 2004-05 operating budget is increased by $35,000. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia on the day of , 2005. Approved as to Content: f') " a , Manaaement Services Approved as to Legal Sufficiency: City Attorn�V CA9504 R2 February 9, 2005 H:\PA\GG\ORDRES\Citizen Corps ord.doc Citizen Corps — Local Award Agreement By accepting $ 35,000.00 in Citizen Corps funds from the Virginia Department of Emergency Management for the 2004 Citizen Corps Program (CCP), the City of Virginia Beach agrees to adhere to all Jurisdiction terms and conditions set forth in the grant. S�� V 4 is o4f January 25, 2005 Co t dministrator-Xity anger Date y.�titA Bfgf, CITY OF VIRGINIA BEACH AGENDA ITEM 9:>t: ITEM: Virginia Foundation for the Humanities Grant MEETING DATE: February 22, 2005 ■ Background: The Virginia Beach Department of Public Libraries/Central Library completed its strategic plan for family history service in 2003. Family history is the process of learning and preserving information about one's ancestors. It involves le_i.ming about their lives, the way they lived, their beliefs, values, personality, skills and in'�wests. Along the way, the researcher gains an appreciation for history, geography, culture, psychology, law, and personal and community heritage. The focus of the library': local history/genealogy collection is the collective experience of family heritage in the Commonwealth of Virginia. This grant, offered by the Virginia Foundation for the Humanities (VFH), explores the African -American experience as it relates to individuals roots in Virginia. It provides an opportunity to provide an in-depth analysis of the Works Progrecs Administration's slave narratives collected in 1937 by locating the descendants of ex -saves who had Virginia connections. The research will offer a new, rich look at the narratives and will make this information accessible to future researchers. Dr. James M. Rose is the Project Director and the Virginia Beach Central Library has sponsored this request. In addition to numerous television program appearances and speeches, Dr. Rose has published several books considered prototypes in African - American genealogy, has a PhD in Interdisciplinary Studies, ,jVith a concentration in African American genealogy in the United States and was a researcher with Alex Haley on Kinte Library project which contributed to "Roots" ■ Considerations: The grant period is 12/10/2004 — 11/30/2006. VFH has awarded $15,000 toward a total project cost of $38,700. All other costs are "in -kind" matches. Dr. Rose is contributing 300 research hours, lectures and travel valued at $15,500. Central Library will be providing office facilities valued at $6,00; for the period and will redirect existing operating funds valued at $2,200 over the grant period. ■ Public Information: Public information will be handled through the normal Council agenda process and publicity requirements of the grant award. ■ Alternatives: No alternative funding is available for this project. ■ Recommendations: It is recommended that the attached ordinance accepting and appropriating the VFH grant of $15,000 be approved. ■ Attachments: VFH - Notification of Award Breakdown of Grant Budget Ordinance Recommended Action: Approval of ordinance Submitting Department/Agency: Virginia Beach Public Libr City Manager. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $15,000 FROM THE VIRGINIA FOUNDATION FOR 3 THE HUMANITIES TO THE LIBRARY 4 DEPARTMENT'S FY 2004-05 OPERATING BUDGET 5 TO SUPPORT A STUDY OF AFRICAN-AMERICAN 6 GENEOLOGY IN VIRGINIA 7 8 9 WHEREAS, the Virginia Foundation for the Humanities has 10 awarded a $15,000 grant to the Library Department to support a 11 study of African -American geneology in Virginia, to be 12 supplemented with an $8,200 in -kind match from the Library 13 Department. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That $15,000 is hereby accepted from the Virginia 17 Foundation for the Humanities and appropriated to the Library 18 Department's FY 2004-05 Operating Budget to provide support for 19 a study of African -American geneology in Virginia. 20 2. That estimated revenue from donations is hereby 21 increased in the FY 2004-05 Operating Budget by $15,000. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the day of , 2005. Approved as to Conte Approved as to Legal Sufficiency LQA_A� (� , �4� � �, , 4! �;, I ri( Management Services City Attorney's ice CA9506 Rl February 9, 2005 H:\PA\GG\ORDRES\VFH Grant ord.doc Virginia Foundation for the Humanities 145 Ednam Drive Charlottesville, VA 22903-4629 434-924-3296 NOTIFICATION OF AWARD Grantee: City of Virginia Beach Project Director(s): James Rose Financial Officer. Carolyn L. Barkley Grant Period: 12/ 10/2004-11/30/2006 Report Due Dates: Interim # 1: 6/30/2005 Interim # 2: 1/31/2006 Final: 11/ 30/2006 Grant # 120895- 04-17 Funds Awarded: $15,000.00 Cost Share Required: $15,000.00 Cost Share Requested: $23,700.00 Project Title: Carry Me Back to Old Virginia YOUR PROGRAM STAFF CONTACT IS: David Bearinger Forms and instructions for making reports and requesting payments are included in your grant packet. GENERAL PROVISIONS: Located in the Grant Manual. SPECIAL CONDITIONS: Funding is conditional on the submission and approval, by January 31, 2005, of an Addendum that 1) provides more information on the interview process including training of the interviewer(s) and a list of questions to be asked; 2) clarifies the role of the consulting historians; 3) explains the " new African American geneological methodology" the project will create; 4) addresses technical issues related to the DVD production; 5) explains how the funds requested for "promotion" are to be spent; and 6) addresses the question of interviewees' privacy and how it will be protected. Please sign and return one copy, keeping the second for your records. Your signature below indicates that you have read the grant manual and accept its general provisions and requirements as well as any special conditions set forth above. ect Director ' U ' ' Financial Officer AVFH grants are awarded contingent on final funding from the National Endowment for the Humanities, the Commonwealth of Virginia, and any private sources on which grants depend. No funds in this grant will be disbursed until final funding is secure. jve N'.Y1 .i �4Vw1n J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Norfolk Foundation Grant to Purchase Two Online Grant Databases MEETING DATE: February 22, 2005 ■ Background: Non-profit organizations frequently rely on the public library to provide information: on available grants. The largest local source of grant information is located at the Hampton f ublic Lii,:,,nary, which as a Cooperating Library of the Foundation Center receives many ma,•=Trials free of charge. The Virginia Beach Public Library has applied twice to be a Cooperating Libra=� but was not accepted because the City's facilities were within fifty miles of Hampton. In December 2002, the Virginia Beach Public Library received a regional grant o� $9,180 from The Norfolk Foundation to provide access to two on-line grant databases that provide Lap -to - date, easily accessible information on available grants and grant making. organiz Oons. i nese two databases, "Grant Select" and the "Foundation Directory Online," have beer: availat:ie for the past year to customers of the Virginia Beach Public Library and three other Han'lpton Hoads libraries -- Chesapeake, Norfolk and Portsmouth. The Norfolk Foundation has renewe'�c this grant for an additional three years, at $9,180 per year, so Hampton Roads publi;:. libraries can continue to provide this service. ■ Considerations: On April 27, 2004 City Council accepted the three-year $27,540 grant fror�E the hit. rfolk Foundation and appropriated the first of three annual awards of $9,180. Funds tnr the second year of the three-year grant have been received. No matching funds are required by the &61. ■ Public Information: Public information will be handled through the normal City Council agenda process ■ Alternatives: No alternative funding is available. ■ Recommendations: It is recommended that the grant of $9,180 be appropriated for the renewal of th, online grant databases. ■ Attachments: Ordinance Grant agreement Recommended Action: Approval of ordinance Submitting Department/Agency: Virginia Beach Department of Pubic .. arie City Manager: v 75�W.,-t 1 AN ORDINANCE TO APPROPRIATE $9,180 A 2 NORFOLK FOUNDATION GRANT TO THE LIBRARY 3 DEPARTMENT'S FY 2004-05 OPERATING BUDGET 4 TO PROVIDE ACCESS TO ONLINE DATABASES 5 6 7 WHEREAS, on April 27, 2004 City Council accepted a three- 8 year $27,540 grant from the Norfolk Foundation and appropriated 9 the first of three annual awards of $9,180 to the Library 10 Department's FY 2003-04 Operating Budget to provide access to 11 online databases. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That $9,180 from the Norfolk Foundation is hereby 15 appropriated to the Library Department's FY 2004-05 Operating 16 Budget to provide access to online databases. 17 2. That revenue from donations is hereby increased in the 18 FY 2004-05 Operating Budget by $9,180. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the day of , 2005. Approved as to Content: Management Services Approved as to Legal Sufficiency: City Attorney' Office CA9505 R2 February 10, 2005 H:\PA\GG\ORDRES\Norfolk Foundation Grant ord.doc Aft The NORFOLK Lb m-poi �v FOUNDATION GRANT AGREEMENT The grant to your organization from The Norfolk Foundation is for the explicit purposes(s) described below and is subject to your acceptance of the following conditions. To acknowledge this agreement and to accept the grant, PLEASE SIGN AND RETURN THE ORIGINAL AGREEMENT TO THE NORFOLK FOUNDATION. Grantee: Virginia Beach Public Library Grant No. 20040005 Amount of Grant: $27,540.00 Program or Project Title: Grant Period Begins: Payment Schedule: To provide access to the Foundation Directory Online and GrantSelect databases 04/01/2004 Ends: 03/31 /2007 Three annual installments of $9,180 paid in March of 2004, 2005 and 2006 Special Conditions of the Grant: Regional access must be maintained Interim Report Due: 03/31/2005 and 03/31/2006 Final Report Due: 03/31 /2007 Special Provisions: None All grants are made in accordance with current and applicable laws and pursuant to m e - e:td crd the regulationsissued hereunder. the internal Revenue .ode, as a.,��n�u,u, ;�;,u .h� :. Please read the following carefully: I. Announcing Grants The grantee agency is strongly encouraged to make public announcements about the project. The grantee is requested to acknowledge The Norfolk Foundation as grantmaker in all media communications, public announcements or printed materials concerning the project. r -2- Copies of such communications and announcements, and of published references to the grant, should be sent to The Norfolk Foundation for its records. In addition, grants approved by The Norfolk Foundation's Board of Directors are reported to the community through The Norfolk Foundation's newsletter, annual report and periodic listing of grants. The Norfolk Foundation also issues press releases describing individual projects or programs. II. Expenditure of Funds This grant is to be used only for the purpose described above and in accordance with the approved budget. The program is subject to modification only with The Norfolk Foundation's prior written approval. A. The grantee shall return to The Norfolk Foundation any unexpended funds and any unpaid grant funds will be rescinded: 1) At the end of the grant period, or 2) if The Norfolk Foundation determines that the grantee has not performed in accordance with this agreement and approved program/budget, or B. No funds provided by The Norfolk Foundation may be used for any political campaign, or to support attempts to influence legislation by any governmental body, other than through making available the results of nonpartisan analysis, study and research. C. Unless specifically authorized by The Norfolk Foundation, expenses charged against this grant may not be incurred prior to the effective date of the grant or subsequent to the termination date and may be incurred only as necessary to carry LI � out Ine pUriCSes aill., activities of the approved program. D. The grantee organization is responsible for the expenditure of funds and for maintaining adequate supporting records consistent with generally accepted accounting practices. -3- III. Reports to The Norfolk Foundation Grantee organizations are expected to report to The Norfolk Foundation on the progress of their program or project according to the schedule described in this grant agreement. The final report must summarize the achievements of and lessons learned from the project and provide a financial accounting for the expenditure of grant funds. Reports will be considered late if received after the dates specified on page one of the Agreement. The timeliness and quality of both the narrative and financial sections of progress reports will be factors in evaluating the grantee for future funding. W. Limit of Commitment Unless otherwise stipulated in writing, this grant is made with the understanding that The Norfolk Foundation has no obligation to provide other or additional support to the grantee. The Norfolk Foundation: A��ent ica D. Light P to Grantee: 1 % 7wte-t a,-orized Signatu James K. Spore, City Manager Print Name and Title Date c", G:\Grant Admin\Form\GRANT AGREEMENT.doc AGENDA ITEM ITEM: Ordinance authorizing the execution of a Cost Participation Agreement in accordance with an amended Summary of Terms for the construction of improvements to Stumpy Lake Lane and Archdale Drive. MEETING DATE: February 22, 2005 ■ Background: On June 22, 2004, Council by Ordinance ORD-283OG authorized the execution of a Cost Participation Agreement for the construction of improvements to Stumpy Lake Lane and Archdale Drive. The proposed terms of the Agreement provided that the City would pay $350,000 to the developer, KGS, for the design and construction of these improvements. After Council approval, but prior to the execution of the Agreement, KGS received bid quotes from contractors that exceeded the estimated construction cost. The developer has requested that the City agree to increase the amount to be paid under the Agreement by $75,000 for a total cost of $425,000, to allow for the increased construction costs. Additionally, the developer has asked that language be provided to allow for the costs associated with any City initiated changes and for any unforeseen conditions. ■ Considerations: The construction market is very volatile and the fact that quotes exceeded the Engineer's Estimate is not surprising or unrealistic, where the quotes were received several months after the Engineer's Estimate was completed. The revised cost of construction remains considerably lower than the City would otherwise pay through the normal CIP process and the City will benefit greatly by obtaining the roadway improvements in advance of a CIP project. Funds are available in CIP 2-285.196 (Traffic Safety Improvements) for this project. ■ Public Information: The City originally coordinated this project through the Glenwood Civic League and received their full support for the project. ■ Alternatives: Do not approve the amended terms of the Cost Participation Agreement, requiring the project to be programmed as a future CIP project, resulting in a delay and higher costs to the City. ■ Recommendations: Staff recommends Council adopt the Ordinance authorizing the City Manager to execute a Cost Participation Agreement in accordance with the amended terms contained on the attached Summary of Terms. ■ Attachments: Ordinance Summary of Terms Proposed Project Area Map Recommended Action: Approve Ordinance and Execute Ag t Submitting Department/Agency: Public Works Engineering City Manager jL l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE AUTHORIZING AMENDMENTS TO TERMS OF A PROPOSED COST PARTICIPATION AGREEMENT BETWEEN THE CITY AND KGS CONSTRUCTION COMPANY (KGS) FOR THE CONSTRUCTION OF IMPROVEMENTS TO STUMPY LAKE LANE AND ARCHDALE DRIVE WHEREAS, on July 22, 2004, the City Council by Ordinance ORD-283OG authorized a Cost Participation Agreement between the City and KGS Construction Company for construction of improvements to Stumpy Lake Lane and Archdale Drive; WHEREAS, due to construction cost increases, amendments to the previously approved terms of the Cost Participation Agreement are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the City Manager to execute a Cost Participation Agreement between the City and KGS for construction of road improvements along Stumpy Lake Lane and Archdale Drive in accordance with the revised Cost Participation Agreement Summary of Terms attached hereto, and containing other terms as are acceptable to the City Manager and approved by the City Attorney. 2. That any change orders that arise under the Cost Participation Agreement from time to time shall be reviewed and approved in accordance with the City of Virginia Beach Administrative Directive 6.04 - 6.0, Procedures for Contract Change Orders. Adopted by the Council of the City of Virginia Beach, Virginia, on the , 2005. 1 day of 27 28 CA-9431 29 F:\Data\ATY\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\Stumpy Lake Lane\Revised Ord-vr4.DOC 30 R-3 31 2/2/2005 32 33 34 35 36 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CERTIFIED AS TO 37 38 ; 39 j 40 41 Department ot Public Works City Attorney's Office 2 AVAILABILITY OF FUNDS: AN" - Depart of Fj ce AMENDED SUMMARY OF TERMS STUMPY LAKE LANE AND ARCHDALE DRIVE IMPROVEMENTS COST PARTICIPATION AGREEMENT (Amended terms are bolded) DEVELOPER: KGS Construction Company (KGS) COST PARTICIPANT: City of Virginia Beach DESIGN AND ENGINEERING COSTS: Payment by the City to KGS in the amount of $425,000. All bonds must be posted prior to payment by the City. Payment will be made within thirty days after i) completion of the improvements in accordance with the plans, ii) acceptance by the City, and iii) submission by Developer of a requisition and invoices for the costs. CHANGE ORDERS: Costs associated with any Change Order will be negotiated at the time of the discovery of an unforeseen condition or at the time of any City initiated request for a change. Change Orders must be in writing and be mutually agreed upon. Change orders that arise under the Cost Participation Agreement from time to time shall be reviewed and approved in accordance with the City of Virginia Beach Administrative Directive 6.04 - 6.0, Procedures for Contract Change Orders. SPECIAL TERMS AND CONDITIONS: Developer is required to post a performance bond, pay the standard inspection fees. Developer will design and construct the road improvements on or before 180 days from the date of full execution of the Cost Participation Agreement. Developer will perform all preliminary site work including surveying and stakeout, clearing, grading, etc. necessary for the construction of the project. Developer will construct a 2-1ane roadway with curb/gutter, and a sidewalk for both Stumpy Lake Lane and Archdale Drive, each matching the typical section of the existing roadway. Developer will construct all storm water drainage features, construct and maintain all erosion and sediment control features necessary for the project and extend the water line along Stumpy Lake Lane as necessary for the project. Developer will provide all traffic signage, pavement markings and street lighting necessary for the project. Developer will construct all landscaping, including trees, grading, seeding and fertilizing necessary for the project. r LLJ C4LLJ O k W �n w o�C J W LO lyr — ik �" Way Q �I i_L aayI-, ti N�I` ,�;r CD \ ` :�� \\ �,'1 `� I' � 11-\J 1 1 �- 1\C�"' Ic•'.� 11,�1 r 1 ��r- ; I � F od,O W O �'Ir'�,W I I `.� �3 f3 ZQN , ❑ J❑ ���� w :I OW H � In W U Q r Irw 0' R p 9 Q o W' CL. i— Z O ," ce a h w 7 kK LLJ fy CL CL \ a '7�� 1 � \ - 1' 1 �) �{ 1. 1'i � h''� � ail :. � ��. r� JJ J ��+i � �•. ` .S J `\ �1 eQ 15 r_ or W J .. ....... - O Q Z CL CL. Q W h C o f 0E CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachments requested into the City's property and right-of-way located at Cullen Road from the adjacent property owner, Fred C. McKinney. MEETING DATE: February 22, 2005 ■ Background: Mr. McKinney has requested permission to construct and maintain temporary encroachments for water, sewer, stormwater pipe and driveway into portions of existing City property and right of way located at Cullen Road. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Agreement, Plat and Location Map. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ob� City Manager. 6�k X:\Projects\Encroachments\Applicants\McKinney - 1480 RABWgendaY m.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO PORTIONS OF CITY PROPERTY AND RIGHT OF WAY LOCATED AT CULLEN ROAD BY FRED C. MCKINNEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Fred C. McKinney desires to construct and maintain temporary encroachments for water, sewer, stormwater pipe and driveway into portions of existing City property and right of way located at Cullen Road. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 21 22 23 24 25 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Fred C. Mcknney, his heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for water, sewer, stormwater pipe and driveway into portions of existing City property and right of way as shown on the map entitled: "Exhibit A, ENCROACHMENT PLAT OF PROPOSED CONCRETE DRIVE, WATER LINE, STORM DRAIN AND SANITARY SEWER GPIN 1479-42-0291," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Fred C. Mckinney (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Fred C. Mckinney and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12005. APPROVED AS TO CONTENTS NATURE m &20 Ls DEPARTMENT APPROVED AS TO LEGAL 7SF IC NCY ND ORM IVY A OR PREPARED: 1/19/05 X:\Projects\Encroachments\Applicants\McKinney - 1480 RAMOrdinance.doc P O r FN � � O CITY OF VIRGINIA BEACH GPIN 1479-42-0223 MCKINNEY PROPERTY GPIN 1479-42-0291 LOT 3A 0 n O C LOCATION MAP � SHOWING PROPERTY OWNED BY FRED MCKINNEY � (GPIN 1479-42-0291) \ AND SHOWING ENCROACHMENT REQUEST FOR ,o DRIVEWAY, WATER, SEWER, AND STORMWATER PIPE ' INTO CITY RIGHT OF WAY KNOWN AS C CULLEN ROAD AND CITY PROPERTY KNOWN AS r' GPIN 1479-42-0223 (F / K /A /1479-42-0342) )j SCALE:1" = 200' MLKINNtY.U(_iN Mj.5. PREPARED BY P/VV ENG. CADD DEPT. JAN. 24, 2005 PREPARED BY VIRGINIA BEACH 1 CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 2nd day of February, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and FRED C. MCKINNEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 3A 10529 SQ.FT. 0.241 ACRES G.P.I.N. 1479-42- 0291", as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 3 & 4, BLOCK 2 SUBDIVISION OF PROPERTY OF C.H. FENTRESS" (M.B. 262 at page 20), and being further designated and described as GPIN 1479-42-0291; WHEREAS, it is proposed by the Grantee to construct and maintain water, sewer, stormwater pipe and driveway, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City property known as GPIN 1479-42-0223 (F/K/A 1479-42-03421 and City right of way located at Cullen Road, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: NO GPIN ASSIGNED TO THE RIGHT OF WAY AND GPIN 1479-42-0223 (F/K/A 1479-42-0342) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" ENCROACHMENT PLAT OF PROPOSED CONCRETE DRIVE, WATER LINE, STORM DRAIN AND SANITARY SEWER GPIN 1479-42-0291," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 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 submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability 3 insurance in an amount not less than $500,000.00, combined single limits of such insurance i. policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee connect with sanitary sewer facilities when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. 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 Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One M 1" 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, Fred C. McKinney, the said Grantee has caused this Agreement to be executed by his 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. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Fred C. McKinney STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: A The foregoing instrument was acknowledged before me this t aC day of 2005, by fry fill.L /t 011Nt CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. 1 Notary Public My Commission Expires: '3�A 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. i Notary Public My Commission Expires: STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2005, by Fred C. McKinney. Notary Public My Commission Expires: APPROVED AS TO CONTENTS SrIGNATURE VJ DEPARTMENT APPROVED AS TO LEGAL X:\Projects\Encroachments\Applicants\McKinney - 1480 RAB\Agreement Encroachment.Frm.doc 2 ti L W!� o E N ti Ec If N� l.os) avoa is0 a # II a E I> rn M 0 N O �G V �yS O Ly /des! �1S'fS �bN I W m S�bN� Stip2 J Oy0 el? CIS, .l I /b i U O >- J w =QO m Oz0=Z LiJ 2 z Cr- w Cl) o O 1 M: W C-3 cu O edge of woods a O O 7 SECOND STREET (309 (UNIMPROVED) (M.B. 7, PART 2, P. 125) h rZIRZ G J� J` p o 3 HIGH BERM (TO PREVENT uKA NAGE FROM CITY a` R%W) 10 R RESERVATION 40' 1� P`)C 40) = 79• - 0 PERFORATED PVC 0 0.37 Cl v • II ti• �. 23 N �NN ��� Z a. II 11 CII O N EII N �.-.N I- n., o xa.uu uia.• ne = 0 c� a m m � S .Do•a ��N z �< a.r tiI L1 CZ W�7O ry W .00'oa h ryry. ice- - a' E 3 Z�N� W h yI i e a o u O g cq R ,.. Iw-I n y l LC LL U O CO Z .L9'CI La O W O J ZL) e O 4r SEWER LATERAL • t.o7 ix y ^0 vZi r �"— � 3 d E 3a- 1-1 Y WATER SERVICE - N 6 `o N (-Pp...W 3• deep) •oss W to F t ry~ C99 N y hry u, - N R ¢ aH a Ll (/1 [yj c� .eS'IL D 8 SW m I .. b d OS'SL a oo �. • • ti I� G N31'39'43"W 82.2 O 0� o s"o II �+•`e � I II ry' J i U < 3ro q` EXHIBIT "A" cu ENCROACHMENT PLAT OF 4 PROPOSED CONCRETE DRIVE, WATER LINE, STORM DRAIN AND SANITARY SEWER GPIN 1479-42-0291 S�XN ti l� (~; _Zl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment to allow concrete pavers, stone call box, electrical conduit, columns, and fencing at 1100 Wythe Lane, property of Winifred J. Marquart and Michael D. Marquart. MEETING DATE: February 22, 2005 ■ Background: Mr. and Mrs. Marquart requested permission to encroach into a portion of the City's right of way adjacent to 1100 Wythe Lane. Initially, the Marquarts filed a street closure application. During a review of a street closure request, it was determined that a street closure was not legally feasible because there was no unity of ownership among the parcels. Planning and the Viewers' Committee concurred that a feasible alternative was an encroachment request. The purpose of this encroachment is to allow installation and maintenance of concrete pavers, stone call box, electrical conduit, columns, and fencing, in the right of way known as Wythe Lane, in front of 1100 Wythe Lane. ■ Considerations: Staff has reviewed the requested encroachment. Planning, Public Utilities, and Public Works recommended approval of same, subject to certain conditions outlined in the agreement. A street closure was not pursued after consultation with staff and legal counsel. Mr. and Mrs. Marquart have requested that their request for an encroachment be considered by City Council. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council ■ Recommendations: Staff recommends approval of this encroachment, subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement ■ Attachments: Ordinance, Location Map, Agreement, Plat and Pictures Recommended Action: Submitting Department/Agency:so a1,, iti City Manager. dii`L I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT-OF-WAY 6 LOCATED AT 1100 WYTHE LANE BY 7 WINIFRED J. MARQUART AND 8 MICHAEL D. MARQUART, THEIR 9 HEIRS, ASSIGNS AND SUCCESSORS 10 IN TITLE 11 12 WHEREAS, Winifred J. Marquart and Michael D. Marquart desire to install and 13 maintain concrete pavers, stone call box, electrical conduit, columns, and fencing within 14 the City's right-of-way located at 1100 Wythe Lane. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Winifred J. Marquart and 22 Michael D. Marquart, their heirs, assigns and successors in title are authorized to 23 construct and maintain a temporary encroachment for concrete pavers, stone call box, 24 electrical conduit, columns and fencing in the City's right-of-way as shown on the map 25 entitled: "EXHIBIT PLAT SHOWING ENCROACHMENT OF DRIVEWAY, COLUMNS & 26 FENCING IN WYTHE LANE R/W NORTH LINKHORN PARK M.B. 7 P. 144 BY 27 WINIFRED J. MARQUART VIRGINIA BEACH, VIRGINIA" SCALE: 1" = 30' JUNE 4, 28 2004, a copy of which is on file in the Department of Public Works and to which 29 reference is made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Winifred J. Marquart and Michael D. Marquart, (the 33 "Agreement"), which is attached hereto and incorporated by reference; and 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Winifred J. Marquart and Michael D. Marquart, and the City Manager or his authorized designee execute the Agreement. day of Adopted by the Council of the City of Virginia Beach, Virginia, on the 2005. APPROVED AS TO CONTENTS C• W. SIGNATURE Ply 6ck& DEPARTMENT ROVED AS TO LEGAL FICI5NCY„ AND FORM C17 ATTORNEY 11 " ?:Dath Aw oaten ODE FW mZffiN CA9256 Marq-aart.dOc CA- gash PREPARED: 1/27/05 0 P Z 25Zm wm w10- cn U 1-1 be S 3 �o 0 r N h N O J u3 J w W O O Z Z aO im m 3 J O V 0 Z Lz C.) o Z o N 2 W Y U � ir a� o 0 � (L a�z J [a- (,ice U � �i" D �5� �' Q N w LLJ Z� � /z IL r 3� �WQ�>' aZ :L5.) = wCD Jm ^W 5p Uo' C� Z0W m�Vn �� m<N LL) _ >: Z �I y0w n S (/) Z V' Pi S U) t PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-811(c) (3) THIS AGREEMENT, made this 8th day of December , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, WINIFRED J. MARQUART AND MICHAEL D. MARQUART, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Sites 42 and 43 North Linkhorn Park" and are closely associated as members/managers of Windmark Real Estate, LLC, the record owner of that certain lot, tract, or parcel of land designated and described as "Lot 44 and "Jib Lot" North Linkhorn Park" as shown on that plat entitled "MAP OF NORTH LINKHORN PARK PROPERTY OF NORTH LINKHORN PARK INC. PRINCESS ANNE CO, VA. GUY WEBB GENERAL AGT. SCALE 1" = 100' — MARCH, 1926." as recorded in Map Book 7 Page 144 in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, and being further designated and described as 1100 Wythe Lane, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain concrete pavers, stone call box, electrical conduit, columns and fencing, "Temporary Encroachment", in the City of Virginia Beach; GPIN 2418-36-8529-0000 GPIN 2418-46-0708-0000 GPIN 2418-36-8883-0000 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Wythe Lane "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT PLAT SHOWING ENCROACHMENT OF DRIVEWAY, COLUMNS & FENCING IN WYTHE LANE R/W NORTH LINKHORN PARK M.B. 7 P. 144" a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. 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 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 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorneys' fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of 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 submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except in the area specifically identified as "PROPOSED CONCRETE PAVERS WITH BRICK EDGING, W=16"' on Exhibit A, a copy of which is attached to this agreement and to which reference is made on Page 2 of this agreement. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee assumes all responsibility for construction of a new manhole at the northern terminus of the proposed Temporary Encroachment on Wythe Lane, which will define the City's limits for operation and maintenance of sanitary sewer and water utilities. It is further expressly understood and agreed that the Grantee assumes all responsibility for maintenance of Wythe Lane in the area encompassed by this encroachment and that the City of Virginia Beach assumes no further maintenance issues for this portion of Wythe Lane. It is further expressly understood and agreed that the Grantee assumes all responsibility for maintenance and/or connection with existing and/or future public water and sanitary sewer facilities within the Temporary Encroachment and that any plans must be submitted to the Department of Public Utilities for review. 0 It is further expressly understood and agreed that all landscaping materials within the Temporary Encroachment must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the Grantee must submit for review and approval, access to the right-of-way, including ability to open the gate, by needed Public agencies and Emergency Services. It is further expressly understood and agreed that this encroachment shall automatically terminate should any or all of the following occur: 1) a residential dwelling is constructed on Lot 44 (GPIN 2418-46-0708-0000), 2) there ceases to be a unity of use between Lots 42, 43 and 44. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 5 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, Winifred J. Marquart and Michael D. Marquart, the said Grantee has caused this Agreement to be executed by their signature and the said Windmark Real Estate, L.L.C., has caused this agreement to be executed on its behalf by Michael D. Marquart, Managing Member of Windmark Real Estate, L.L.C., a limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Windmark Real Estate D. Marquart 0 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2004, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA Notary Public My Commission Expires: STATE OF VIRGINIA CITY/00UMT OF VIRGINIA BEACH , to -wit: The foregoing instrument was acknowledged before me this 8th day of December , 2004, by Winifred J. Marquart. Notary Public My Commission Expires: August 31, 2006 STATE OF VIRGINIA CITY/WUMT OF VIRGINIA BEACH , to -wit: The foregoing instrument was acknowledged before me this 8th day of December , 2004, by Michael D. Marquart. My Commission Expires: August 31, 2006 Notary Public I 7 STATE OF VIRGINIA CITY/CXAWFY' OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 8th day of December , 2004, by Michael D. Marquart, Managing Member on behalf of Windmark Real Estate, L.L.C. My Commission Expires: August 31, 2006 APPROVED AS TO CONTENTS SIGNATURE Irl A X9 DEPARTMENT Notary Public APPROVED AS TO LEGAL SUFFIECIENCY AND FORM mr.m . . . . . . . . . . . . . . . . �l _ D m=� m� D CD vZ r T� r —Co C7X m mr �Zrc =���o=Dz��n1m N z r Z� -` fZil z Z �� �0 SA 4 r zc�D mZm D� R, O D v p D ill = N z► c� rn z C 04 O ac m Z OM l Z0 a 00 rn \I S a r v o�� m �x o m x , � � n � i FX 00 � Ox / Oby O N r As \ N o O \\ o � �I (A S. eq �yIt �P\l oRF •s. D y Z ADO � �0 P W v O � 220 _ f . 7AC Ri 1N` M � J ,a �RAVEL� / ❑ m LINKHORN BAY LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY WINIFRED J. MARQUART AND MICHAEL J. MARQUART FOR A STONE COLUMNS, GATE, AND CONCRETE PAVERS ENCROACHMENT 1100 WYTH E LANE G P I N 2 418-3 6-8 5 2 9 SCALE:1" = 200' �J M A QUART.DGN :`j.S. PREPARED BY P/W ENG. CADD DEPT. JUNE 2003 5nc, e .yy� r p .8 '•59c'�7 �0z $5� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Authority to acquire property in fee simple for Shipps Corner Road Bridge Replacement CIP 2-007 either by agreement or condemnation MEETING DATE: February 22, 2005 ■ Background: This project first appeared in the FY 2000-01 CIP and is needed to replace the existing bridge which has little remaining useful life. The existing 24-foot bridge is too narrow and is the only reduced weight rated bridge remaining in the City. The bridge is continually subjected to overload by truck traffic and active corrosion with section loss existing in beams. At this time, only four site acquisitions are required to construct the project, one of which is owned by the City of Virginia Beach. ■ Considerations: The Department of Public Works requests that City Council grant the authority to acquire property for Shipps Corner Road Bridge Replacement, CIP 2-007 either by agreement or condemnation Once constructed, the bridge will provide service with minimal maintenance in excess of 50 years. It will allow for the full build -out condition of the roadway and will provide a high degree of flexibility in future utility placement. The final product will give benefits for years to come with greatly improved geometric and aesthetic enhancements. ■ Public Information: Advertisement of City Council Agenda. In addition, the Department of Public Works posted a notice in "The Beacon" on March 14 and 21, 2004 advising the public of a Citizens Information Meeting. City staff met with three of the impacted property owners. ■ Alternatives: Deny the request for authority to acquire property needed for the project by agreement or condemnation ■ Recommendations: Approve the request for authority to acquire by agreement or condemnation all of the property needed for additional right of way. ■ Attachments: Ordinance and Location Map Recommended Action: Submitting Department/Agency: Public Works �KDY yl�t City Manage . L FA 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR SHIPPS CORNER ROAD BRIDGE REPLACEMENT PROJECT CIP 2-007 EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to improve transportation within the City and for other related public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et sec., Sections 33.1-89, et sec., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee simple upon which such rights of way shall be located, (the "Property"), as shown on the plans entitled "Shipps Corner Road Bridge Replacement C.I.P. 2-007," (the "Project") and more specifically described on the acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the .2005. CA 9476 PREPARED: January 5, 2005 x:\Projects\CIP Projects\Shipps Corner Bridge 2-007 day of 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 APPROVED AS TO CONTENT r c:g 0, Z$W-(irvL NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM A4 [�� (-L\ CITY ATTORNEY u— 12�1A'6FA� O �;7 _a n) e'1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Carlton & Laura Seay — Subdivision Variance MEETING DATE: February 22, 2005 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Carlton E. & Laura R. Seay. Property is located at 1301 Harris Road (GPIN 14889911730000). DISTRICT 5 — LYNNHAVEN ■ Considerations: The existing lot is 2.967 acres. It is a corner lot with 256.74 feet of width along the Harris Road right-of-way and 505.11 feet along the private road adjacent to Litchfield Road. The private road does have a perpetual non-exclusive easement for ingress and egress over it to the owners of this property. It is the intent of the applicant to subdivide the site into two (2) parcels. Adequate buildable area has been depicted on the submitted plan outside the Resource Protection Area for the two proposed dwellings. Parcel B-2 will meet the required frontage along a public right-of-way. Parcel B-1 has only 30 feet of frontage along a public right-of-way rather than the 125 feet required. Staff's 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 existing parcel possesses sufficient acreage for two single-family dwellings and would have sufficient lot width as well, except for the existence of the private street parallel to Litchfield Road. Both Staff and the applicant have researched the history of the private street and have determined that the street does exist. The current owner of the street, however, cannot be located. Sufficient lot width would also be present along Harris Road except that the frontage is impacted by the Chesapeake Bay Preservation Areas. Together, these factors demonstrate a hardship justifying the granting of a variance. Staff concludes that the authorization of this variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The 30 feet of frontage along Harris Road of Parcel B-1 is too close to the intersection of Harris and Litchfield Roads to be an acceptable Carlton E. & Laura R. Seay Page 2of2 driveway entrance. A no ingress / egress easement should be conditioned along this frontage. The driveway entrance should be located along Litchfield Road. There was opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve the request with the following conditions: 1. The parcels shall be substantially subdivided and recorded as depicted on the Plat entitled "Subdivision Plant of Parcel B Subdivision Plat of Seay Property" prepared by MSA, P.C. dated August 2, 2004. 2. A one -foot "no ingress / egress" easement shall be placed along the Harris Road frontage of Parcel B-1. 3. No development for either a principal structure or an accessory structure shall occur within the seaward 50 feet of the Chesapeake Bay Preservation Resource Protection Area. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager. -S vL-4`�''� r CARLTON & LAURA SEAY Agenda Item # 8 January 12, 2005 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 1nfOrrnat on REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance LOCATION: Property located at 1301 Harris Road. Ma cox a Carlton & Laura Sea WT p 5r bb FA 6b, - i Subdivision Variance GPIN: 14889911730000 COUNCIL ELECTION DISTRICT: 5 - LYNNHAVEN SITE SIZE: 2.967 acres EXISTING LAND USE: Undeveloped partially wooded lot. SURROUNDING North: . Single-family dwelling / R-40 Residential District LAND USE AND South: . Across Litchfield Road are single-family dwellings / ZONING: R-40 Residential District East: . Across Harris Road are single-family dwellings / R- 40 Residential District West: . Single-family dwelling / R-40 Residential District NATURAL The site is within the Chesapeake Bay watershed. A portion of the RESOURCE property lies within the Resource Protection Area (RPA), the more AND stringently regulated portion of the Chesapeake Bay Preservation CULTURAL Area. No new development is planned in the seaward 50 feet of the FEATURES: RPA. The site is wooded with tidal wetlands along the shoreline. There are no cultural features associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. RE Summary of ProposalL Existing Lot: The existing lot is 2.967 acres. It is a corner lot with 256.74 feet of width along the Harris Road right-of-way and 505.11 feet along the private road adjacent to Litchfield Road. The private road does have a perpetual non-exclusive easement for ingress and egress over it to the owners of this property. Proposed Lots: It is the intent of the applicant to subdivide the site into two (2) parcels. Adequate buildable area has been depicted on the submitted plan outside the Resource Protection Area for the two proposed dwellings. Parcel B-2 will meet the required frontage along a public right-of-way. Parcel B-1 has only 30 feet of frontage along a public right-of-way rather than the 125 feet required. CARLTON Both lots meet the minimum square footage requirement of 40,000 square feet. Rem Required Parcel B-1 Parcel B-2 Lot Width in feet 125 30* 256.74 Lot Area in square feet 40,000 79,915 49,336 'Variance required Comprehensive Plan The Comprehensive Plan recognizes this area of the city 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. Staff Evaluation lq Staff recommends approval of this request. The site is located at the corner of Harris Road and Litchfield Road. The Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the City 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 such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. CARLTON Staff's 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 existing parcel possesses sufficient acreage for two single-family dwellings and would have sufficient lot width as well, except for the existence of the private street parallel to Litchfield Road. Both Staff and the applicant have researched the history of the private street and have determined that the street does exist. The current owner of the street, however, cannot be located. Sufficient lot width would also be present along Harris Road except that the frontage is impacted by the Chesapeake Bay Preservation Areas. Together, these factors demonstrate a hardship justifying the granting of a variance. Staff concludes that the authorization of this variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The 30 feet of frontage along Harris Road of Parcel B-1 is too close to the intersection of Harris and Litchfield Roads to be an acceptable driveway entrance. A no ingress / egress easement should be conditioned along this frontage. The driveway entrance should be located along Litchfield Road. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The parcels shall be substantially subdivided and recorded as depicted on the Plat entitled "Subdivision Plant of Parcel B Subdivision Plat of Seay Property" prepared by MSA, P.C. dated August 2, 2004. 2. A one -foot "no ingress / egress" easement shall be placed along the Harris Road frontage of Parcel B-1. 3. No development for either a principal structure or an accessory structure shall occur within the seaward 50 feet of the Chesapeake Bay Preservation Resource Protection Area. NOTE: Further conditions may be required during the administration of applicable City Ordinances. CARLTON i �. r r r aIt w �y Zoning History Subdivision Variance DATE IREQUEST I ACTION 1 06/25/90 Subdivision Variance Granted 2 05/29/90 Subdivision Variance Granted 3 09/17/84 Subdivision Variance Granted CARLTON Public Agency Comments Public Works Master Transportation Harris and Litchfield Roads in this vicinity are Plan (MTP): residential roads. Traffic counts are not available at this location. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Harris Road Not Not Existing Land Use available available - 10 Litchfield Road Not Not Proposed Land available available Use - 20 Average Daily Trips Zas defined by potential dwelling 3as defined by two single-family homes Public Utilities Water: There is an 8-inch water main in Harris Road fronting the site. There is an 8-inch water main in Litchfield Road fronting the site. This site must connect to City water. Sewer: There is an 8-inch sanitary sewer main in Harris Road fronting the site. There is an 8-inch sanitary sewer main in Litchfield Road fronting the site. This site must connect to City sanitary sewer. Sanitary sewer and Pump Station analysis for Pump Station 281 is required to determine if flows can be accommodated. Exhibit B - 1 Proposed Subdivision �F R + ar „3 d � y CARLTON Exhibit C Disclosure Statement LAI t Mi I I a,- ,I- IAT� r r ris h CARLTON Item #8 Carlton E. & Laura R. Seay Appeal to Decisions of Administrative Officers in regard To certain elements of the Subdivision Ordinance, Subdivision Of Carlton E. & Laura R. Seay 1301 Harris Road District 5 Lynnhaven January 12, 2005 REGULAR Joseph Strange: The next item is Item #8, Carlton E. & Laura R. Seay. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Carlton E. & Laura R. Seay. Property is located at 1301 Harris Road, District 5, Lynnhaven. Christian Chiles: Thank you Commission members. My name is Christian Chiles. I'm an attorney with Williams Mullin. I'm here this afternoon representing the applicant Carlton and Laura Seay. Standing to my left if Gene Seay, who is the son and family who is also here today on behalf of the applicant. Dorothy Wood: Welcome. Christian Chiles: The Planning staff has, in our opinion thoroughly and diligently reviewed this application and have recommended approval of this request. The package that you have received from the Planning staff would indicate this site is 2.967 acres. It is a corner lot that is located on the northwest corner of Harris Road and Litchfield Road with 286 approximately feet of width along Harris Road and 505 feet along a private street that runs parallel to Litchfield Road. As proposed, through these two parcels, Parcel B-1 and Parcel B-2, B-2 would have 256 feet of frontage on Harris Road with B-1 having 30 feet of frontage. This is a result of this submission is for property that is very unique and that it lies along a 20-foot private road on Litchfield. We do not know and we don't believe the Planning staff knows why when another subdivision occurred and Litchfield was dedicated as a public road, why that was not laid over the 20-foot private road. As a result of being laid along side the private road, which is no longer in use, it created a 20- foot strip in between Litchfield Road and this property. Had it been laid over top, of course, this problem wouldn't exist. The property has a perpetual easement across that 20-foot strip. It will always have access that 20-foot strip to Litchfield Road. For practical consideration, it is our expectation that the development of these two parcels would appear entirely consistent with every other lot on that street. We would anticipate that the driveways from these parcels would cross the 20-foot strip and would actually have driveway access on Litchfield Road. If you look at it on the plan that would be the only way that you know that these lots differed in any respect from any other lot along Litchfield. We think it would entirely consistent with the other properties along Litchfield Road. It would consistent with the character of the neighborhood. The Planning Item #8 Carlton E. & Laura R. Seay Page 2 Commission is well aware of the requirements for a variance for City Council to consider it under Section 9.3 of the Subdivision Ordinance. We believe, and as the Planning staff has recommended approval, they also believe that this meets all those requirements. There will be no substantial detriment to any of the adjoining properties. As discussed already, this would look very much like the other properties that are developed along Litchfield. It is not a problem that is general or reoccurring in nature. It is a unique property because of this 20-foot private road. We do not anticipate that this is something that would be encountered as such that it would have to be addressed with any other revision of the Subdivision Ordinance. The hardship as indicated is brought on in this case by the unique private road that this property lies along next to Litchfield. Accordingly, we believe that strict application of the ordinance would produce an undo hardship. In addition to the 20-foot private road, the frontage is affected by considerations for the Chesapeake Bay Preservation. We would request that the Planning Commission approve this request. We believe this would be the highest and best use of this parcel to develop as proposed. And of course any questions. Dorothy Wood: Thank you very much sir. Are there any questions? Thank you sir. You will have a few minutes after the opposition. Joseph Strange: Speaking in opposition we have Kevin L. Dilley. Dorothy Wood: Welcome Mr. Dilley. We're happy to have you with us. Kevin Dilley: Thank you Madame Chair and members of the Commission. My name is Kevin Dilley and I live at 1328 Harris Road, precisely two lots northeast of the proposed development. I have lived in this area for about 13 years. When I was more spry I would go for walks back along Kline Drive, Litchfield, around Litchfield Farms, and never noticed the variance request signs. I happened upon one and it peaked my interest. This is suppose to be an environmentally, sensitive area. Yet, as I said, scores of houses have been built right up against Lynnhaven Bay, right up against the branches of the rivers that wind their way through my neighborhood. I don't think that the development of this area is consistent with the goals of Virginia Beach to preserve its scarce and rare natural resources. That is the bay. That is the Lynnhaven Inlet. I don't know what provisions that the developers have made for runoff but I can tell you it is precisely right on the spot where a creek develops after a steady rain on Harris Road. It eventually goes across the street. If you look up Harris Road you can see that it's the lowest spot on Harris Road. If this area is developed they're probably going to want to elevate the houses somehow. I don't know. But if they do, where is the runoff going to go? Well, right into the Bay probably, which is not a good thing. Are they going to take appropriate measures its going to flood Harris Road even more than it is now and probably work its way up to my front yard. My backyard already gets flooded when it rains because of the condition of the soil. It's very hard packed. It doesn't drain well. So I already get flooding. With this new development requested, I think it will be a faux of the Chesapeake Bay Preservation desires. It would not be in the best interest of Virginia Beach. Item #8 Carlton E. & Laura R. Seay Page 3 Dorothy Wood: You just prefer one house? Is that what your saying? Kevin Dilley: Yes. When you look at the drawing there, they are trying to shoehorn another house establishing a 30-foot wide runway. That is what it looks like to me. Dorothy Wood: Would you answer questions of the Commissioners please? Are there any questions? Ron? Ronald Ripley: Why do you feel it is going to flood again? I don't understand. Kevin Dilley: Well, it already floods there. That is a low-lying area. Ronald Ripley: How would this cause a flood? I don't understand. Kevin Dilley: I'm suggesting that the development there will denude the current wooded area and that's going to acerbate the runoff problem that exists in that area. It is going to flow of the house of the yards, the runways, the driveways, and will not be adequately handled by the existing facilities. Right up the road is Hidden Pointe, a development that is referred to as Litchfield Farms. They have to have ditches along Harris Road in order to catch the runoff. It rains frequently in Virginia Beach and sometimes very hard. _ These ditches get filled up. They get filled up with chemicals, oil, and lubricants. You name it. This goes flowing into the Bay. So, I don't see anywhere in here that issue being addressed. That surprises that the variance is only for the amount of frontage, 30 feet versus 125 required? A variance doesn't seem strong enough to call it that. It's a joke in my estimation of a variance. It's like to obscure. I think, as I said a detriment to Virginia Beach in general, not just my neighborhood. Thank you. Dorothy Wood: Are there any more questions? Mr. Crabtree. Eugene Crabtree: Use the pointer and show us where his house is on Harris Road. Kevin Dilley: You want me too? Eugene Crabtree: There is a pointer right there on the podium. Kevin Dilley: Excuse my shaking. It's the medication that I take that makes me look older than my years. Dorothy Wood: You look fine sir. Kevin Dilley: Here I am right there. Right at the junction of Harris Road and Eagle's Nest Point. Dorothy Wood: It's a lovely area. Item #8 Carlton E. & Laura R. Seay Page 4 Kevin Dilley: Yes it is. It's very nice. This area right here, right across the street. This is where the flooding occurs on Harris Road. You can see the Lynnhaven Bay comes right up here. I can hit with an 8 iron from my backyard. It's that close, lots of rain. The development along here has contributed to the runoff that I get in my backyard. A stream develops with runoff from my yard and the use behind me along the southwest side of my house into storm drain, which is good. There is excessive amount of water runoff. This area here, which was three -acres is going to contribute a lot to the runoff and the problem associated with that. Dorothy Wood: Thank you very much Mr. Dilley. Kevin Dilley: Thank you. Ronald Ripley: I have a problem for Mr. Scott. Thank you. Dorothy Wood: Thank you Mr. Dilley. We appreciate you coming down. Ronald Ripley: Mr. Scott, this application has already been processed, I would believe, since it is in front of us today, it's been through the Chesapeake Bay. Can you address that and this gentleman's concern about drainage and I know how stringent the Chesapeake Bay Board is I'm making sure that other features are in place. Robert Scott: He's going to have to comply with all the requirements of the Chesapeake Bay Act. You can see one of the conditions that is attached that there is not allowed any construction within the RPA. Karen, can you elaborate on that further part of the Chesapeake Bay. Karen Prochilo: It did go before the Chesapeake Bay Board. I'm pulling out the file to see if I have some information for you. Ronald Ripley: And it's approved obviously. Karen Prochilo: Yes it was approved. Ronald Ripley: For us to go through that again would be an extra layer. It's unnecessary. Karen Prochilo: Correct. Ronald Ripley: What the gentleman was concerned about and so that has already been taken care of. Karen Prochilo: They identified where they could actually situate the homes. If we move forward to the site plan that shows, the location from the Chesapeake Bay Board where the location of the homes could be. That area designated one and two. They had Item #8 Carlton E. & Laura R. Seay Page 5 to be 50 feet. You can see where the RPA is on Seaward. So they aren't in the RPA seaward side. Ronald Ripley: No vegetation. No other RPAs can be disturbed or touched or anything? Karen Prochilo: Correct. Ronald Ripley: Thank you. Dorothy Wood: Any other comments or questions? Sir, you have a couple of minutes. Christian Chiles: I believe most of what I was going to point out. Ed Weeden: Identify yourself for the record one more time. Christian Chiles: Christian Chiles, again, Williams Mullin for the applicant. I believe, what I wanted to point out, has been addressed with this already gone before Chesapeake Bay Board, I believe November 2003. As we all know, our community evolves we looked more closely at these things then we did years back. So as this neighborhood, it's well established, I think there are more safeguards with these new home sites then I know existed many years ago. I believe that has already been addressed. I certainly understand Mr. Dilley's concern for those issues but it is a concern that everybody has and has been addressed through the Chesapeake Bay Board. Dorothy Wood: Thank you very much. Christian Chiles: Thank you. Yes Jan. Janice Anderson: Thank you. Just wanted to confirm that the private road is undeveloped? Christian Chiles: Undeveloped. It's asphalt. It's a paper street in essence. Janice Anderson: It is my understanding that the applicant has tried to purchase that property but he can't locate the owners. Christian Chiles: We had Pioneer Title perform a title search. That title search, which was provided to Planning staff indicated fee owners, but no one, who would be 100 years old and no list of heirs. No evidence of any children. It would be in their decedents but no evidence of who those would be from public records here. Janice Anderson: Okay. Thank you. Dorothy Wood: Thank you. Item #8 Carlton E. & Laura R. Seay Page 6 Christian Chiles: Thank you. Dorothy Wood: Comments? I think it's important that Mr. Dilley does realize that this has been before the Chesapeake Bay and that is really what you said Ron but it is not what were discussing today. Ronald Ripley: That's right. Chesapeake Bay is so thorough on what they look at. The applicant's attorney is so correct that things are looked at in such a refine manner where before it was not. The drainage is definitely taken care of. I'd like to make a motion for approval. Eugene Crabtree: I'll second it. Robert Miller: Madame Chair? Dorothy Wood: Yes Mr. Miller. Robert Miller: I need to abstain from this particular item. My firm is working on the project. Dorothy Wood: Thank you sir. Mr. Dilley, this will go before Virginia Beach City Council and you will have an opportunity to speak there. AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 8-0, with one abstention, the application of Carlton E. & Laura Seay has been approved by the Board. ON %IT tc,& CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Five Dog Night, L.L.C. — Conditional Use Permit (commercial kennel) MEETING DATE: February 22, 2005 ■ Background: An Ordinance upon Application of Five Dog Night, L.L.C. for a Conditional Use Permit for a commercial kennel on property located at 2901 Shipps Corner Road (GPIN 14954669610000). DISTRICT 6 —BEACH. ■ Considerations: The applicant is proposing to remove an existing single-family dwelling and to replace it with an animal kennel. According to the application, the facility will be an upscale, suite only, indoor kennel. The southern portion of the site will be designated with trails for dog walking. There will be a reception area, a grooming parlor, a physical therapy salon, a pool for physical therapy, indoor daycare, outside training areas, a cat condo and 10 luxury suites. The proposed facility will be approximately 3,720 square feet. A 1,200 square foot residence is also planned for the onsite caretaker, above the main building. Two additional buildings are proposed in future phases. Due to the fact that the proposed site is within the greater than 75dB Ldn AICUZ and within the Accident Potential Zone 1, the use as an animal kennel is preferred over other options and other uses that are present in the vicinity. The Navy has reviewed the request and has found it to be compatible with naval operations. This proposed kennel use is consistent with the recommendations found in the Comprehensive Plan, as this use is nonresidential and adds to the goal of providing a mix of services to the community. The Plan also calls for attractive, high quality design, particularly at key intersections, and the submitted elevations reflect this objective. The elevations depict a vernacular beach style reminiscent of the lifesaving station at the oceanfront with an exterior of light grey horizontal, cement fiberboard (Hardiplank); white trimmed clad windows; and, a green asphalt shingle roof. Architectural accents include copper standing seam metal roof on popouts and entrances and interesting trim above the covered porch main entrance. Five Dog Night, L.L.C. Page 2 of 2 The Planning Commission placed this item on the consent agenda because the use is consistent with the recommendations of the Comprehensive Plan, there was no opposition, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the request with the following conditions: The site shall be developed in substantial conformance with the submitted concept plan entitled, "Preliminary Layout for Animal Kennel, 2901 Shipps Corner RD, dated 11/1/04, prepared by Site Improvement Associates, Inc., with the ingress/egress at Shipps Corner Road limited to a right in and a right out ingress/ egress and subject to approval by the Department of Public Works, Traffic Engineering. 2. When the buildings are constructed on the property, they shall all be in substantial conformance with the elevations entitled, "Proposed Elevations of Johnson Kennels," prepared by Martin & Martin Architecture, Inc., dated December 2004, in terms of building materials, architectural design and color scheme. 3. A reservation of 26.5 feet shall be depicted on the final site plan along Shipps Corner Road. All structures shall meet the minimum required setback from the reservation line. ■ 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 Manage ��k ►S Q 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. on"14 Location and General Informati REQUEST: Conditional Use Permit for an animal kennel facility. LOCATION: Property located 2901 Shipps Corner Road. GPIN: 14954569610000 COUNCIL ELECTION DISTRICT: 6 — BEACH SITE SIZE: 7.5 acres FI EXISTING LAND USE: There is an existing single-family dwelling on the property. SURROUNDING • Shipps Corner Road, concrete facility & office, LAND USE AND North: office warehouse / 1-2 Light Industrial District ZONING: • Woods, stormwater management facility, Dam Neck Road / AG-2 Agricultural District, 1-1 Light South: Industrial District • London Bridge Road, single family dwelling / AG-2 East: Agricultural District, 1-1 Light Industrial District • West Neck Creek, woods / AG-2 Agricultural West: District NATURAL RESOURCE AND CULTURAL FEATURES: The site wooded and contains floodplain and some nontidal wetlands. AICUZ: The site is in an AICUZ of greater than 75dB Ldn and within Accident Potential Zone 1 surrounding NAS Oceana. Summary of �rlw The applicant is proposing to remove the existing single-family dwelling and to replace it with an animal kennel. According to the application, the facility will be an upscale, suite only, indoor kennel. The southern portion of the site will be designated for trails for dog walking. There will be a reception area, a grooming parlor, a physical therapy salon, a pool for physical therapy, indoor daycare, outside training areas, a cat condo and 10 luxury suites. The proposed facility will be approximately 3,720 square feet. A 1,200 square foot residence is also planned for the onsite caretaker, above the main building. Two additional buildings are proposed in future phases. FI Comprehensive r The Comprehensive Plan recognizes this site to be within Strategic Growth Area #10, South Oceana Area. Developable land located in the western region of this Strategic Growth Area is planned for non-residential uses to include a mix of light -industrial, low- rise office, and limited retail use. The Plan recommends consolidating parcels of land to achieve a more unified and well -planned development and that new development exhibit attractive and high quality design. The Plan states that proposed development within Strategic Growth Areas should work to accomplish "efficient use of land resources, full use of urban services, compatible mix of uses, a range of transportation opportunities, and detailed human scale. In the western region of this Strategic Growth Area, between London Bridge Road Extended and Holland Road, there are considerable environmental constraints. A significant portion of this area is located inside the Accident Potential Zone for the approach to NAS Oceana runways 5L and 5R." (Chapter 2, Comprehensive Plan) Staff recommends approval of this request. Due to the fact that the proposed site is within the greater than 75dB Ldn AICUZ and within the Accident Potential Zone 1, the use as an animal kennel is preferred over other options and other uses that are present in the vicinity. The Navy has reviewed the request and has found it to be compatible with naval operations. The Comprehensive Plan recommends that residential uses for any part of this Strategic Growth Area be restricted. While the proposal will have a small caretaker's quarters, it is not beyond what would be permitted by -right under the current agricultural zoning. This proposed kennel use is consistent with the recommendations found in the Comprehensive Plan, as this use is nonresidential and adds to the goal of providing a mix of services to the community. The Plan also calls for attractive, high quality design, particularly at key intersections, and the submitted elevations reflect this objective. The elevations depict a vernacular beach style reminiscent of the lifesaving station at the oceanfront with an exterior of light grey horizontal, cement fiberboard (Hardiplank); FIVE DOG NIGHT Agenda Item # 15 Page 3 white trimmed clad windows; and, a green asphalt shingle roof. Architectural accents include copper standing seam metal roof on popouts and entrances and interesting trim above the covered porch main entrance. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions The site shall be developed in substantial conformance with the submitted concept plan entitled, "Preliminary Layout for Animal Kennel, 2901 Shipps Corner RD, dated 11/1/04, prepared by Site Improvement Associates, Inc., with the ingress/egress at Shipps Corner Road limited to a right in and a right out ingress/ egress and subject to approval by the Department of Public Works, Traffic Engineering. 2. When the buildings are constructed on the property, they shall all be in substantial conformance with the elevations entitled, "Proposed Elevations of Johnson Kennels," prepared by Martin & Martin Architecture, Inc., dated December 2004, in terms of building materials, architectural design and color scheme. 3. A reservation of 26.5 feet shall be depicted on the final site plan along Shipps Corner Road. All structures shall meet the minimum required setback from the reservation line. 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. rOfel Moir.) Zoning History Mn Not to Sonle Five D�, N 7 0 � /cr CUP - Animal (dog) Kennel # I DATE IREQUEST I ACTION 1 03/23/04 Conditional Use Permit (recreational facility of an Granted outdoor nature — soccer fields) 12/14/93 Conditional Use Permit (church) Denied 02/25/92 Conditional Use Permit (golf range) Granted 10/28/91 Change of Zoning (1-1 Light Industrial District to AG-1 Granted Agricultural District) 04/23/90 Change of Zoning (AG-2 Agricultural District to 1-1 Light Granted Industrial District) 2 10/29/02 Change of Zoning (1-1 Light Industrial & 1-2 Light Granted Industrial Districts to Conditional 1-2 Industrial District) 3 02/01/00 Change of Zoning (Conditional 1-2 Industrial District to Granted Conditional 1-2 Industrial District) 01/23/89 Change of Zoning (AG-2 Agricultural District to Granted FI Conditional 1-2 Industrial District) 4 01/23/89 Change of Zoning (AG-1 Agricultural District to 1-1 Light Granted Industrial District) 01/23/89 Change of Zoning (AG-2 Agricultural District to 1-2 Granted Industrial District) Public Agency Comments Public Works Master Transportation Plan (MTP): Shipps Corner Road in the vicinity of this site is a two (2) lane collector. London Bridge Road in the vicinity of the site is a four (4) lane divided suburban arterial. The final determination of the need for reservations (particularly along London Bridge Road) and width of reservations will be made during final site plan review. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Shipps Corner 7,167 9,900 Existing Land Use Road ADT' ADT' — 75 ADT London Bridge 18,813 28,200 Proposed Land Road ADT' ADT' Use 3- No Data Available 'Average Daily Trips gas defined by 7.5 acres of agricultural zoning 3 No data available for use defined as a kennel Public Utilities Water: There is a 12 inch water main in Shipps Corner Road. This site is already connected to City water. Sewer: There is a six (6) inch sanitary sewer force main in Shipps Corner Road; however, there is no gravity sanitary sewer in the vicinity of the site. Health Department approval will be required for a septic drain field. Private grinder pumps and force main may be an option. FI 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: Adequate — additional comments forthcoming at final site Ian review. FI Item #15 Five Dog Night, L.L.C. Conditional Use Permit 620 Baker Road District 2 Kempsville February 9, 2005 CONSENT William Din: The next item is Item #15, Five Dog Night, L.L.C. This is an application for a Conditional Use Permit for a commercial kennel on property located at 2901 Shipps Corner Road in the Beach District. There are three conditions. Claude Lym: Madame Chairman and members of the Board, my name is Claude Lym. I'm the engineer representing this application. We've read the conditions and we have no objection. Thank you. William Din: Thank you Mr. Lym. Is there any objection to placing this item on consent agenda? If not, Ms. Anderson is going to talk about this issue. Janice Anderson: Yes. Thank you Mr. Din. On this property it is currently zoned agricultural and the Conditional Use Permit is for an animal kennel. What the applicant has planned is very unique, I believe, to the area. It's an upscale dog kennel or pet kennel. It is not only dogs. They will have suite only rooms, indoor kennel. There will be dog trails, and walking for the pets. There is a reception area, grooming parlor, physical therapy salon, physical therapy pool, and indoor day care. Does everybody want to go with me? We'll go. So, it has pet condos. So, as you can see the design that they have is has a style of the old lighthouse. I think it reflects the style of the old lighthouse down at the Oceanfront. So it is a very attractive building. We believe that it will fit in very nicely in that area, in the agricultural area and at that location. And we would recommend approval. William Din: Thank you Jan. The consent agenda item that I have for approval is Item #15, Five Dog Night, L.L.C., for a Conditional Use Permit for a commercial kennel on property located at 2901 Shipps Corner Road, and it has three conditions. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE Item # 15 Five Dog Night, L.L.C. Page 2 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 the Board has approved the consent agenda item. Fy Exhibits At A I Site .ation Exhibit B - 1 Proposed Site Plan FIVE NIG4 , L t . WILLIAM R, and MARAGARET 0.. XHNW x a VIRGI dIA BEACH VA 234 Exhibit B - 2 Proposed Site Plan (Detail) 11 IUd ILUI I Ulf, .I_a Exhibit C - 1 Proposed Building Elevation F Exhibit C - 2 Proposed Building Elevation Exhibit C - 3 Proposed Building Elevation Exhibit C - 4 Proposed Building Elevation 14 13 F1 Exhibit D Disclosure Statement DOG NIGHT Agenda Item* 15 Page 15 Exhibit E Supplemental DEPARTMENT OF THE NAVY Information NAVAL AIR STATION OCEANA 7IA EACH, VGINIBOULEVARD346 Vl ifilfVlA BEACH, YIRQaiNIA 2 £ 8 2i68 IN REPLY RUER TO_ 5726 Ser 33 / 0542 December 14,, 2004 Ms. Carolyn A. K. Smith Planning Department City of Virginia each 405 Courthouse Drive, Building 2 Virginia Beach, VA'23456 Dear Ms. Smith Thank you; for the opportunity to comment on the Conditional Use Permit Application by Five frog Night, LLC, for their proposal to construct an animal kennel with caretakers dwelling at the southwest carver of London Bridge Road and Shipps Corner Road. The site is located approximately one and one half miles southwest of Naval Air Station (NAS) Oceana in the greater than 75 decibel (dB) day -night average (Ldn)'noise zone and in Accident Potential Zone One (A.PZ-1). It is also in the primary departure/arrival corridor directly aligned to our; busiest runway 5/23. As it exists today, ;the site is approximately 7.5 acres and zoned primarily AC-2 with one dwelling. The Navy's Air InstallationsCompatibleUse Zones (AICUZ) Program states that veterinarian/animal hospital services are compatible in the AI UZ zones described above. Residential land use is not compatible in these zones but in this case is considered a pre-existing non -conforming use, This proposal would not increase residential density,'it introduces an AICUZ compatible use, and therefore the Navy has no objections to this proposal. If you have any questions, please contact my Community Plannincr Liaison Officer, Mr. Ray Firenze at (757) 433-3155. Sincerely and very respectfully, L KE EX Capt n, .S Navy Ca n ng ficer Copy to: CQMNAVR G MILI ,AN LANTDI V Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission FIVE DOG NIGHT Agenda Item*, 15 Page 16 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The Kenneth A. Hall Family Limited Partnership — Conditional Use Permit (motor vehicle sales and service) MEETING DATE: February 22, 2005 ■ Background: An Ordinance upon Application of The Kenneth A. Hall Family Limited Partnership for a Conditional Use Permit for motor vehicle sales and service on property located at 4372 Holland Road (GPIN 14768709760000). DISTRICT 3 — ROSE HALL ■ Considerations: The applicant proposes to enclose approximately 1,300 square feet to provide a Quick Lube service area and additional indoor display area for Hall Mazda. The applicant also intends to construct two canopies that extend across the front of the building. This proposal is in conformance with the Comprehensive Plan recommendations for this area. The proposed addition and improvements to the existing buildings are expected to have negligible impact on the surrounding uses and zoning. The improvements tie together the two buildings for an updated uniformed appearance. The Planning Commission placed this item on the consent agenda because it is the expansion of an existing use compatible with surrounding properties, there was no opposition, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve the request with the following conditions: All improvements shall substantially adhere to the exhibit entitled "Exhibit of Proposed Additions to Hall Mazda" dated 11/01/04 prepared by MSA, P.C., which is on file with the Virginia Beach Planning Department. 2. The proposed elevation shall substantially adhere to the submitted drawing entitled "Building Renovations and Addition for Hall Mazda" dated 10/22/04 The Kenneth A. Hall Family Limited Partnership Page 2 of 2 prepared by Covington Hendrix Architects, which is on file with the Virginia Beach Planning Department. 3. No loud speakers or outdoor speaker system shall be permitted on site and any existing outdoor speaker systems shall be removed. 4. All parking lot lighting shall be designed to prevent direct illumination, reflection and / or glare toward surrounding properties and city streets. Lighting shall be directed to the interior of the site and not reflect out horizontally or toward the sky. 5. No pennants, streamers, balloons, portable signs, banners, or other devices designed to attract attention to the business, beyond the signs allowed by the City Zoning Ordinance and the display of vehicles, shall be displayed on site or the vehicles. 6. 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. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. All required parking shall be depicted on the final site plan. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department A4h6-- City Manage . S ls.--, b HALL FAMILY LIMITED PARTNERSHIP Agenda Item # 4 January 12, 2005 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. I-ocation aid General Informatiot REQUEST: Conditional Use Permit for Motor Vehicle Sales & Services. LOCATION: Property located at 4372 Holland Road. GPIN: 14766809760000 COUNCIL ELECTION DISTRICT: 3 — ROSE HALL SITE SIZE: 3.44 acres CUP - Motor & Service KENNETH A. HALL FAMILY LIMITED EXISTING LAND USE: Automobile sales operation zoned B-2 Community Business District. SURROUNDING North: • Industrial condominium / 1-1 Industrial District LAND USE AND . Across Holland Road is a service station and ZONING: convenience store / B-2 Community Business South: District East: • Multi -family Residential / A-18 Apartment District West: • Undeveloped property / 1-1 Industrial District NATURAL RESOURCE AND CULTURAL The site is covered by a car dealership and parking. There are no FEATURES: significant natural resources or cultural features on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary ` w `` The applicant proposes to enclose approximately 1300 square feet for a Quick Lube service area and additional area for indoor display. The applicant also intends to construct two canopies that extend across the front of the building. max: Major 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 recommendations of the Comprehensive Plan for this area. Compatibility with the proposed use with the surrounding land uses. KENNETH A. HALL FAMILY LIMITED Comprehensivea The Comprehensive Plan recognizes this property as part of a Primary Residential Area. Land use planning policies and principles for the area reinforce the suburban characteristics of commercial centers and other non-residential areas. Staff Evaluation 9 Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. This proposal is in conformance with the Comprehensive Plan recommendations for this area. The proposed addition and improvements to the existing buildings is expected to have negligible impact on the surrounding uses and zoning. The improvements tie together the two buildings for an updated uniformed appearance. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. All improvements shall substantially adhere to the exhibit entitled "Exhibit of Proposed Additions to Hall Mazda" dated 11/01/04 prepared by MSA, P.C., which is on file with the Virginia Beach Planning Department. 2. The proposed elevation shall substantially adhere to the submitted drawing entitled "Building Renovations and Addition for Hall Mazda" dated 10/22/04 prepared by Covington Hendrix Architects, which is on file with the Virginia Beach Planning Department. 3. No loud speakers or outdoor speaker system shall be permitted on site and any existing outdoor speaker systems shall be removed. KENNETH A. HALL FAMILY LIMITED 4. All parking lot lighting shall be designed to prevent direct illumination, reflection and / or glare toward surrounding properties and city streets. Lighting shall be directed to the interior of the site and not reflect out horizontally or toward the sky. 5. No pennants, streamers, balloons, portable signs, banners, or other devices designed to attract attention to the business, beyond the signs allowed by the City Zoning Ordinance and the display of vehicles, shall be displayed on site or the vehicles. 6. 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. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. All required parking shall be depicted on the final site plan. 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. KENNETH A. „ • ' � r r%=' 10 u CUP - Motor Vehicle _Safes & Service # I DATE IREQUEST I ACTION 1 10/12/04 Modification to Timberlake PD-H1 to permit automotive Granted repair as an allowed use. 2 09/09/03 Modification as conditioned for Timberlake PD-H1 land Granted use plan. 3 12/18/01 Conditional Use Permit for automobile service station. Granted 4 09/22/98 Rezoning from P-1 & B-2 to conditional 1-2. Granted 5 02/10/98 Rezoning from B-2 to conditional A-18. Granted 6 04/20/81 Conditional Use Permit for auto repair. Granted, KENNETH A. HALL FAMILY LIMITED Public Agency Comments Public Works Master Transportation Holland Road in the vicinity of this application is considered a four Plan JMTP : lane divided minor urban arterial facility. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Level of Service "C" 14,800 ADT' Existing Land Use 2- 42,634 Level of "D" 687 ADT Holland Road 1 ADT Service 22,800 ADT' Proposed Land Use 3- Level of 767 ADT Service "E" 27,400 ADT' Average Daily Trips 2 as defined by auto sales 3as defined by auto sales and quick lube facility Public Utilities Water: There is a 16 inch water main in Holland Road fronting the site. This site is already connected to City water. Sewer: I This site is already connected to City sanitary sewer. School I No comments not applicable Public Schools Public Safety I Police: I The apalicant is encouraaed to contact and work with the Crime I KENNETH A. HALL FAMILY LIMITED 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 Fire protection will be addressed during the building permit process. Rescue: Fire code permits are required at time of occupancy; contact the Fire Department for permit information. Vehicles will not be used as barriers to prevent ingress or egress of property. Security for ingress and egress must be approved by the fire marshal so that fire department access is not obstructed. KENNETH A. HALL FAMILY LIMITED EAbibits Exhibit A Aerial of Site Location KENNETH A. HALL FAMILY LIMITED 'flt4f.C)MA 'H:DY30 V1Mf>WA VGZVW 11VH 80-4 N01110CIV (INV SNO11VAON3S oNiminia t t KENNETH A. HALL FAMILY LIMITED I I Exhibit C Proposed Building Elevation RILM1,11-C, " u! Exhibit D Disclosure Statement ^ux� Ydgs lotE Item #4 The Kenneth A. Hall Family Limited Partnership Conditional Use Permit 4372 Holland Road District 3 Rose Hall January 12, 2005 CONSENT William Din: My next item is Item #4, The Kenneth A. Hall Family Limited Partnership. They have applied for a Conditional Use Permit for motor vehicle sales and service on property located at 4372 Holland Road in the Rose Hall District with seven conditions. Billy Garrington: Thank you Mr. Chairman. Ladies and gentlemen of the Planning Commission, for the record, I'm Billy Garrington here on behalf of the applicant Kenneth A. Hall Family Limited Partnership, which is as you know, is the Hall Auto World in Virginia Beach. This is for the Mazda store on Holland Road. There are seven conditions and we are in total agreement with all seven. William Din: Thank you Mr. Garrington. Is there any opposition to placing this on the consent agenda? If not, I would like Mr. Crabtree to address the comment. Eugene Crabtree: This site is already being occupied as a car dealership and there is plenty of parking on the area. There are no significant natural resources in the area. Basically what they want to do is upgrade this and the lube center for that so they could have quick lube. They also want to add some canopies to the front of the building to make it more pleasing. Basically, the only thing they're doing is upgrading the existing building and the existing business. It is in compliance with the Comprehensive Plan and therefore we felt like it was appropriate for the consent agenda. William Din: Thank you Gene. I'd like to make a motion to approve the following consent item that was placed on the consent agenda, Item #4, The Kenneth A. Hall Family Limited Partnership, a Conditional Use Permit for motor vehicle sales and service in the Rose Hall District with seven conditions. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. Robert Miller: Madame Chair, I need to abstain from Item #4. My firm is working on the project. Dorothy Wood: Thank you sir. AYE 8 NAY 0 ABS 1 ABSENT 2 Item #4 The Kenneth A. Hall Family Limited Partnership Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABS ABSENT ABSENT Ed Weeden: By a vote of 8-0 with the abstention so noted, Item #4 has been approved for consent. S �v ten; m ) •fir'-"ai.€�<*:+` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: George B. & Edna F. Paulmino — Conditional Use Permit (housing for seniors and disabled) MEETING DATE: February 22, 2005 ■ Background: An Ordinance upon Application of George B. & Edna F. Paulmino for a Conditional Use Permit for housing for seniors and disabled persons on property located at 1236 Kempsville Road (GPIN 14654913970000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant proposes housing for seniors in a modified residence in the Acredale residential community. The applicant proposes five employees, with at least one staff member present at all times seven days a week 24 hours a day to provide assistance to the senior residents. The applicant originally requested ten residents but agreed to a condition of the use permit limiting the number to eight. The proposal, as conditioned, is consistent with the recommendations of the Comprehensive Plan and compatible with the surrounding land uses. The proposed development is located in an aesthetically pleasing area within reasonable proximity to useful services and facilities. Additionally, alternative transportation services are provided for the residents. The building scale, mass, height and proportion is compatible with surrounding properties. Uses that would be part of the operation of a senior housing facility are located so as not to be disruptive to adjacent residential properties. The parking is broken into sub areas around the facility for guests, staff and residents to provide a pleasing residential appearance from the street. The applicant has met with the Department of Social Services regarding an application for Adult Care Residence License as well as submitted plans with the Planning Department Division of Permits and Inspections. The applicant has also met more than once with the Senior Housing Design Review Committee to discuss the application. There was opposition to the proposal. GEORGE B. & EDNA F. PAULMINO Agenda Item # 18 January 12, 2005 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. 'q Location and General Information REQUEST: Conditional Use Permit for housing for seniors and disabled persons LOCATION: Property located at 1236 Kempsville Road. Geor a & Edna Paulmino Map Not to Scale 5 r- J o� a �i o I z,pli t GPIN: 14654913970000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 28,500 square feet GEORGE B. & ED EXISTING LAND USE: Residential SURROUNDING North: • Single Family Dwelling / R-15 Residential District LAND USE AND South: • Single Family Dwelling / R-15 Residential District ZONING: East: • Single Family Dwelling / R-15 Residential District • Across Kempsville Road is Kemps River Shopping West: Center / B-2 Community Business District NATURAL RESOURCE AND The site is a residential lot with an existing 2-story house. There are a CULTURAL few mature trees on the property. There are no cultural features FEATURES: associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. The applicant proposes housing for ten (10) seniors in a modified residence in the Acredale residential community. The applicant proposes five employees, at least one staff member present at all times seven days a week 24 hours a day to provide assistance to the senior residents. A security fence shall be provided for the safety of the residents. Parking shall be provided for guests, staff and residents. GEORGE B. & ED \VN\T :. Major 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 recommendations of the Comprehensive Plan. • Compatibility with the surrounding land uses. Comprehensive The Comprehensive Plan recognizes this site to be within the Primary Residential Area. For properties within the Primary Residential Areas, the Plan emphasizes the need to preserve and protect the overall character, economic value and aesthetic quality of the stable neighborhoods. Homes for people with special needs and family care homes appropriately located in residential areas as long as the size, scale and number of these facilities are not so great that they cause undue impacts on the neighborhood. Providing housing for seniors is one of three key housing issues discussed in the Housing section of the Comprehensive Plan. Housing needs extend beyond the provision of market level supply and demand. Certain citizens require and deserve assistance in their efforts to meet fundamental housing needs and it is the intent of this plan to provide goals and policies that help these people obtain safe, decent and affordable housing. Demographic trends indicate the demand for senior housing and services is increasing. Staff Evaluation 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 its consistency with the recommendations of the Comprehensive Plan and compatibility with the surrounding land uses. The proposed development is located in an aesthetically pleasing area within reasonable proximity to useful services and facilities. Additionally, alternative transportation services are provided for the residents. The building scale, mass, height and proportion is compatible with surrounding properties. Uses that would be part of the operation of a senior housing facility are located so not to be disruptive to adjacent residential properties. The parking is broken into sub areas around the facility for guests, staff and residents to provide a pleasing residential appearance from the street. The applicant has met with the Department of Social Services regarding an application for Adult Care Residence License as well as submitted plans with the Planning Department Division of Permits and Inspections. In addition that applicant has met more than once with the Senior Housing Design Review Committee to discuss the application. The definition for Housing for Seniors and Disabled Persons does not set a limit for the number of residents. Though ten (10) senior residents requested is more than the three (3) persons allowed under the definition of Residential Care for Seniors or the eight (8) mentally ill, mentally retarded or developmentally disabled persons residing with one or more resident staff person listed under the definition Family. A similar Conditional Use Permit was approved by City Council that limited the number of residents to eight (8). Despite the lot of this proposal being larger than the previously approved application, an important feature of this type of facility is that it would provide a much more "home -like" care environment than other assisted living facilities. Staff, therefore, recommends approval of this request with a condition to limit the occupation to only eight (8) residents. Conditions 1. The Conditional Use Permit shall be for provision of 8 bedrooms for assisted living care for up to 8 individuals 62 years of age and older. 2. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call -for -aid system. 3. An automatic domestic fire alarm system and residential fire suppression system, meeting the approval of the Virginia Beach Office of Fire / Plans Review and the City Fire Protection Engineer, shall be required for the safety of the residents. 4. The house numbers on the front of the residence shall remain clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 5. Signage shall be clearly marked and consistent in color with the primary building colors. Signage is limited to one located on the building no more than four square feet. 6. Provide landscape screening and fencing between adjacent residential and the proposed facility. 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. GEORGE B. & ED Zoning History CUP for Housing for 5enial_VU-sabled # DATE IREQUEST I ACTION 1 10/26/04 Rezoning from 0-2 to Conditional B-2 Granted 2 12/02/03 Conditional Use Permit for a church Granted 3 01/11/94 Conditional Use Permit for a church Granted 4 01/26/93 Conditional Use Permit for truck rentals Granted 5 05/26/92 Rezoning from 0-2 to Conditional B-2 Granted 6 03/18/85 Subdivision Variance Denied 7 09/10/84 Conditional Use Permit for kennel Granted 8 09/14/81 Zoning change from R-4 to )- 0-1 Granted GEORGE B. & EDN Public Agency Comments Public Works Master Kempsville Road in the vicinity of this application is classified as a Transportati 4-lane, Minor Urban Arterial roadway. The ultimate right-of-way on Plan width for Kempsville Road is 130 feet, widened to a 6-lane facility. M( TP): Provide for a 15' Right -of -Way reservation for future widening of Kempsville Road. Be advised of two CIP projects that are currently under design: CIP 2-0480 Princess Anne and Kempsville Intersection and CIP 2-931 Witchduck between 1-264 and Princess Anne Road. Traffic Calculations: Street Name Present volume Present Capacity Generated Traffic Level of Service "C1, Existing Land Use 2 - 14,800 ADT — 10 ADT Kempsville Road 27,732 ADT' Level of Service T 1' - 22,800 ADT Level Service "Ei Pro osed Land �— of Use 35 ADT - 27,400 ADT Average Daily Trips gas defined by residential zoning 3as defined by elderly housing facility Public Utilities Water: There is a 16" and 24" city water main in Kempsvillle Road fronting the site. This site has an existing 5/8" water meter which will need to be upgraded. Sewer: There is an 8" city gravity sanitary sewer main and a 16" force main in Kempsville Road fronting the site. This site is already connected to city sanitary sewer. Analysis of Pump Station #444 and the sanitary sewer collection system is required to ensure flows can be accommodated. Public Schools GEORGE B. & ED School I Not applicable 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. Provide low level lighting for the rear parking area. Fire and Rescue: Obtain all permits from Permits & Inspections Department of Planning. Certificate of occupancy prior to occupancy. Provide both a monitored fire alarm and a fire sprinkler system. GEORGE B. & EDNA W e �?:�rtaExhl Exhibit A Aerial of Site Location Exhibit B Existing Site Plan Th_F, is � lonrtitt+that t, w ...... , awrroe}ed the ptgfll'9R'#ht�d Gn thle putt: Md Ibaf ike ` Mir lion a>!tf iiwe walls of the hmUkw are n..3hnwn wtl thh Plat. A, 1hr hvefdlaltt 04d strletfrwlFhl* the title lints and Iltrrr i,c,�aMatwifRtttenit of outer jwildimp tro the prrMprKly„ owcept ao ifinwfw. Slprted: ''' NOW OR £t)RWEPLY 4 L,. y `p. W "t MAX 3'•50'0 ex Aq, S.V yrr Pa.d scaxanitn� �(yj . buz VAX #t I0-`4 Mcr If fmc f/ 3' - 5w p ItiiMT' TO BONKYOALE ft -- fy MPAUIF\ Mf- J Y tLLtom: 7: T4+t�tL, t _ fv*mABLt WIDTfi}. � waa twwcf wtz�aT r as€ur�s 17itPt7'r um eur x tu7 Its" err PHYSICAL SURVEY re+ tauv r�.atPT, 3 bwtr +trnt4iL5 OF LOT 2, ACREDALE. SECY10N I Exhibit C Proposed Site Plan A Q x, N� u 2 > o� m W-4 OD 4 ' � m-r tt-V ems. �. FddLBAtN �} 9LLi 3I iLNA4M T 2 _ A GEORGE B. & EDNA F.'PAULWNO Agenda ltem 18 Page' 11 Exhibit D Proposed First Floor Layout GEORGE B. & ED Exhibit E Proposed Second Floor Layout GEORGE B. & EDNA F: PAULMINO Agenda Item 1„ 18 Page 13 Exhibit F Building Elevations 7 ..a l C 82E:SB X GEORGE B. & ED WEE IF- t I � ! I """If l { t Alt I r a� GEORGE B. & ED Exhibit G Disclosure Statements Item #18 George B. & Edna F. Paulmino Conditional Use Permit 1236 Kempsville Road District 2 Kempsville January 12, 2005 REGULAR Joseph Strange: The next item is Item #18, an Ordinance upon Application of George B. & Edna F. Paulmino for a Conditional Use Permit for housing for seniors and disabled persons on property located at 1236 Kempsville Road, District 2, Kempsville with six conditions. Fred Virtucio: Madame Chairperson, members of Planning Commission. My name is Fred Virtucio. This is my partner standing with me, Mr. George Paulmino. First and foremost, we want to thank Karen Prochilo for diligently working with us on this project. We're here to apply for the Conditional Use Permit for housing for seniors and disabled persons on property located at 1236 Kempsville Road. The proposed project is an eight bedroom private room and one bedroom semi -private room for a total of ten beds. The existing property is located on a busy thoroughfare on Kempsville Road. It is in a residential neighborhood and we do intend to keep it that way. We have no intention of making it a commercial. This whole concept is what we call a "residential assisted living." It has not been very popular here in the area but it has been very popular in California and Florida. This is a second application. The first application is what we did, and is Abundant Care Assisted Living on 5556 Paca Lane. I want to stand here and lecture you all little bit about the need for senior housing and assisted living facilities in the area. We're here respectfully asking to apply for this application. Dorothy Wood: You mentioned ten sir, but I believe the conditions said eight. It was reduced to eight. Fred Virtucio: It was reduced to eight. Yes. Dorothy Wood: You were aware of that? Fred Virtucio: Yes. Dorothy Wood: You were aware of the new fire requirement and we'll wait until Mr. Ripley gets back, which he added this morning. Fred Virtucio: Yes. Item #18 George B. & Edna Paulmino Page 2 Karen Prochilo: They were aware of that through the building permit process. The code requires them to have a fire suppression system already. They have not seen that addition in our conditions but they are aware they need to have it. Fred Virtucio: Some of the concerns that were brought regarding the traffic flow from the adjoining neighborhoods being a commercial place. I said bear in mind this is a residential. There will be no commercial food trucks that would be coming through. Most of the products we purchase from COSCO or Sam's Club using a private vehicle. There will be a privacy fence to protect privacy within the adjoining neighborhoods as well. Dorothy Wood: Thank you very much. Are there any questions? William Din: Most of the residents there are they assisted living or independent living? Are they going to have vehicles of their own to utilize? What type of residents do you intend to have there? Fred Virtucio: They are strictly assisted living facility. They can have their own vehicle but in our majority of the clients that we serve they either have a license or don't drive. William Din: I think there are some speakers in opposition. Have you met with any of the neighbors on this? Fred Virtucio: We just met them outside prior to speaking. William Din: I think what you have there is a design of the building and the way it is setback. The parking area is very unique. I think it will keep the traffic and the commercial aspect of your business getting down. I would just like to make sure that if you haven't talked with the neighbors that you do speak with them and find out what their concerns are. They will have an opportunity to speak and you will have an opportunity to address their concerns. I appreciate you coming. Eugene Crabtree: Are all of your occupants going to be ambulatory? Fred Virtucio: That is the proposed. Eugene Crabtree: Do you anticipate having any that will be using ambulatory walkers to the motorized carts? Do you have facilities for that? Do you have any residents that require those motorized chairs? Fred Virtucio: There will be access to it. Absolutely. By definition of ambulatory a person can be in a wheelchair and walk with a cane and still ambulatory. Eugene Crabtree: It is a possibility that some of your residents will have those and will be able to use those and be able to get around the facility with those? Item #18 George B. & Edna Paulmino Page 3 Fred Virtucio: There is plenty of space to program. Ronald Ripley: I came in a little bit late. You did say that it would be assisted living? That is who your clients will be? It won't be independent living? Fred Virtucio: Assisted living, by definition of assisting of daily living, assisting on bathing, dressing, and all those things. Dorothy Wood: Thank you very much for coming down. We'll call you back after the opposition. Joseph Strange: Speaking in opposition, we have Joyce Trower. Dorothy Wood: Ma'am, you don't want to say anything? You're welcome to come up and just give us your name and say a few words if you like? Joyce Trower: I have a cold. Dorothy Wood: Just give us your name. m+ Joyce Trower: I'll do the best that I can. Dorothy Wood: I'm sure you will. Would you give us your name? Joyce Trower: My name is Joyce Trower Dorothy Wood: Ms. Traurer, welcome. Joyce Trower: I've lived in that neighborhood for over 50 years. And, it just grieves me to see this type of facility go in there. One of my neighbors and in our neighborhood and it is just a busy road. And, all the u-turns right there at that corner. We have many accidents there and some of them quite serious. Dorothy Wood: I'm sure. Joyce Trower: It seems to me that we will have more u-turns and more problems, but the thing that grieves me that they want to turn it into this type of facility. We love our neighborhood. We love our neighbors. We turn to various ones for help, and they are understanding. I know assisted living and nursing home are important. I know that. But our neighborhood is important too. It means a lot to us. I do appreciate it if you all would take that into consideration. Dorothy Wood: Thank you for coming down Ms. Trower. You know, Mr. Knight grew up in your neighborhood. Item # 18 George B. & Edna Paulmino Page 4 Joyce Trower: You grew up there? Dorothy Wood: No. Barry Knight grew up there. Thank you for coming down. Joyce Trower: Thank you. Joseph Strange: Our next speaker is Rick West. Dorothy Wood: Welcome Mr. West. Rick West: Thank you very much. Madame Chair and members of the Council, I've been living in the neighborhood for about 7 years right now. Dorothy Wood: Where do you live Mr. West? Rick West: I live at 5220 Sharon Drive, which is in Acredale. My wife's grandmother lived there previously. We moved out to help her several years ago in her decline. I represent several of the neighbors in the neighborhood. I sent letters out to everybody letting them know what was going on. All the response that I've gotten has been against this happening. We're certainly not against seniors living in the neighborhood because I _2 think a majority of the neighborhood is assisted seniors. I think they're doing a beautiful job on the front of the building. It looks very good. We're not against that either. What were against is the increased activity that will be going on there. As everyone has said, Kempsville Road is very busy. There are probably, I would guess in excess of 200 u- turns made at the intersection of Bonneydale and Kempsville Road daily. The post office being there, there is a lot of traffic in and out of there and people heading back east on Kempsville have to make a u-turn. They don't have to but they do make a u-turn to go back. There is a no u-turn sign for people going in the other direction at that intersection but it is pretty much ignored. It causes a lot of near accidents on both intersections with the u-turns and all the traffic. And, another concern is with the residents that will be living there, should any of them get out, which does happen from time to time, they will be right on the busy road of Kempsville Road. I don't think the neighborhood is even in objection of having a senior's facility in the neighborhood. We have one on Whitman Road already. There was no opposition to that at all. I don't think even too many of the people know it's there. But this one being on that intersection would cause additional traffic and a -turns. Ed Weeden: Mr. West, you have about 40 seconds. Rick West: I understand. Thank you for hearing me. If anyone has any questions, I'll be glad to answer them. Dorothy Wood: Does anyone have a question for him? Item # 18 George B. & Edna Paulmino Page 5 Donald Horsley: I got a question. So what you're saying is if this was in a different location you wouldn't have a problem with it being in your neighborhood? Rick West: I wouldn't have a problem with it being in the interior of the neighborhood. I just don't think that it should be on Kemspville Road. It wouldn't cause any additional u-turns being in the interior. That's the main thing. U-turn is probably the most dangerous thing you can do in a car that is legal. At that one intersection, like I said, we have probably in excess of 200 a day and the other intersection has quite a few as well. Dorothy Wood: Are there any other questions? Thank you for coming down sir. Rick West: Thank you. Joseph Strange: Our next speaker is Charles Curtis. Dorothy Wood: Welcome Mr. Curtis. You had quite a long day with us all day long. Charles Curtis: Yes ma'am, a new experience. Thank you for hearing me. I'm Charles Curtis. I'm representing my mother, Marjorie Curtis, who is here today but is experiencing laryngitis, who currently resides at 1232 Kempsville Road, directly beside the subject residence requesting the Conditional Use Permit. She is opposed to this application. She has lived at this residence since 1949. During the last 55 years, she has seen an enormous amount of changes and growth but none has affected her as this has. In the past, she has enjoyed her privacy of doing her yard work, working new flowerbeds, cutting grass, gardening with no interference from anyone. The approval of this permit, she feels her privacy is being threatened by the increase amount of activity and traffic at this residence. Our major concern is the increase of vehicles from commercial sources, food services, ambulances, residences and visitors, which must enter from the driveway on the front or west side off of Kempsville Road, proceed around the north side of the residence into the parking area, which is in the rear or the east side of the residence. With all this traffic in and out during the day and evening, she is concerned what affect it would have on her ability to sleep and rest, since her bedrooms are located on the south side of her residence, less than 20 feet from their property line and the new driveway. This additional traffic along the side of her house would surely be a big adjustment and concern since she is currently employed at Chesapeake General Hospital, works two days a week, and is on call the rest of the week. It is imperative that she is able to acquire rest when needed. One subject concern is the privacy fence. Are there any City codes requiring this type of permit to be fenced with this type of commercial company? Are there any plans by the owner to install a privacy fence along the northern boundary and define as a type height and quality and upkeep responsibility or will Ms. Curtis be expected to install a privacy fence at her expense in order to retain some level of privacy she is used too. Other concerns would be drainage. Traffic concerns at the intersection, which already occurs a number of accidents throughout the year. Property taxes? Values? Would this change impact her property values? She is living on a fixed income. Would she be forced out of her home in the near future? All these types of concerns are Item # 18 George B. & Edna Paulmino Page 6 worrying her and haven't been answered. I plead that you give some consideration to these issues and concerns that I've mentioned. Thank you. Dorothy Wood: I think you heard probably heard this morning that there is a privacy fence. Charles Curtis: We just heard it a minute ago. It hasn't been explained what, where? Dorothy Wood: Thank you. Rick West: Okay. Dorothy Wood: Are there any questions? Thank you very much for coming down and spending your day with us. Joseph Strange: We have no one else in opposition. Dorothy -Wood: We have no other speakers. Would you like to say a few words? Fred Virtucio: For the record, Fred Virtucio. One is to answer all of the concerns. First concern is regarding the u-turns, and accidents in the area, and also increased activity. The only activity in terms of food service vehicles, there will be only one staff per shift. So, we're expecting to have three vehicles during the entire span of the day. We have no way of telling if clientele or potential residents would drive, based on our experience. Ninety-nine percent of them don't drive. The increased activity for food service, like I say, is not a commercial. It is not an institution like. It's not your Brighton Gardens or Oakdale Heights. You have 200 plus residents. There are only eight residents total. So, there will be no food service vehicles that would be going in and out the facility. In terms of the ambulance situation, for eight residents there has been a study as recently as three or four months ago that ambulance occurrences only happens once per six to eight months per resident. We're talking about 8 residents that are very ambulatory, so we don't expect any high traffic in terms of that. Dorothy Wood: I know you said they wouldn't be driving so how would these people get to the doctors and shopping centers? Fred Virtucio: The policy is to have family members drive them to doctor appointments or personal. Dorothy Wood: So you all don't take them out of the facility at all in your cars? Fred Virtucio: Not unless it is activity related. If some reason they don't have family members, which does happen and we would have a vehicle specifically for that. Dorothy Wood: Mr. Din. Item # 18 George B. & Edna Paulmino Page 7 William Din: What kind of vehicles do you intend to use? Do you have large vans or trucks or just private sedans? Fred Virtucio: The proposal is to obtain a 15 passenger van or even a seven passenger van, which would suffice it. William Din: What kind of outside activities would you anticipate the residents having outside on their own in the back? Fred Virtucio: It would be trips to the Botanical Gardens and different places which is the usual activity for some seniors, maybe outside the park. But there would be a daily activity that would provide that on a day-to-day basis. William Din: Do you anticipate activities in the backyard? Fred Virtucio: Absolutely. Yes. William Din: Most of your residents are able to get out there. Can you explain the fencing area around your yard? Fred Virtucio: I'll have Mr. Paulmino explain it to you. George Paulmino: My name is George Paulmino. I submitted a proposed site development plan. As you can see the plan, in the north boundary there is going to be a fence all around the boundary of the property to make the seniors not to go outside of the boundary of the property. We're proposing to put up a secured fence right over here and right over there. That is where we're going to put up a security fence. That way the seniors would like to go out they can go out but within the boundary of our property. Dorothy Wood: What do you mean by security fence? George Paulmino: We're going to put up a secured fence. It is going to be durable that seniors can't go out the boundary of the property. Dorothy Wood: Like an anchor fence? Is that what you're talking about? George Paulmino: Yes ma'am. William Din: How far along the north boundary do you go up? Does it go all the way up to the front of the house or does it end at the driveway where the parking area is? George Paulmino: We're going to put up also a security fence around this side of the property that way it is going to be private. William Din: Is that going to be a chain linked fence? Item #18 George B. & Edna Paulmino Page 8 George Paulmino: On this side right here we're going to put up a vinyl fence. William Din: What kind of fence? George Paulmino: A white vinyl fence right here. William Din: I'm sorry, a white vinyl fence, just a solid fence? George Paulmino: Solid fence and it is going to look good. William Din: Is that a six-foot fence? George Paulmino: Six-foot fence. Dorothy Wood: Does it look like a picket fence or what does it look like? George Paulmino: It's going to look like a picket fence. Dorothy Wood: And that is going to go all around so all your neighbors. George Paulmino: Yes ma'am. Ronald Ripley: I heard two kinds of fence. I thought I heard you say a metal chain link fence around the perimeter of the yard and then some sort of privacy fence on the northern side of the property. What is it? George Paulmino: We would like to propose a more secured fence on the backside that way. Ronald Ripley: What kind of fence is that? George Paulmino: It's going to be made of steel. Ronald Ripley: Chain link? Is that what it is? Is it the type you can see through? George Paulmino: Yes sir. That way it can be more durable. Dorothy Wood: I don't think that gives them privacy that your neighbors are looking for. William Din: Would you object to making all of that privacy fence the same type that you have, which is the vinyl picket fence going all the way around your yard? George Paulmino: We can do that sir. Item # 18 George B. & Edna Paulmino Page 9 William Din: I think it affords the same type of privacy and security that you're looking for. George Paulmino: Yes sir. William Din: And privacy that the neighbors are looking for. Ronald Ripley: May I ask another question? You addressed the meal, a meal that is being delivered not being prepared at the facility. It's being delivered. Is that correct? Fred Virtucio: That is correct. The food will be prepared. There will be no prepared foods to be delivered. That is correct. Ronald Ripley: And this van would have the van onsite or would it be something you contract out? Fred Virtucio: It would be company owned. Ronald Ripley: It will be owned by the company, is that what you're saying? Fred Virtucio: Yes. Ronald Ripley: So, it will be stored at the property. Fred Virtucio: Absolutely. Donald Horsley: I wasn't clear on the meals. The meals will be delivered to the premises or you go out and buy the product and fix it there? Fred Virtucio: We buy the product. Donald Horsley: Fix it there. Fred Virtucio: Absolutely. Donald Horsley: So whoever your staff person is will be a cook also? Chef, or whatever you want to call it? Fred Virtucio: Could be yes. One person can do that. Donald Horsley: It seems to me like that person is going to be pretty busy cooking for eight people and bath them and dress and all that. Fred Virtucio: The staffing is within the limit and guidelines of the Department of Social Services. Item # 18 George B. & Edna Paulmino Page 10 Donald Horsley: Still a busy person. Ronald Ripley: How many people do they have? Fred Virtucio: Eight. Ronald Ripley: No. How many people do you have on staff that will be there? Fred Virtucio: There is one staff per shift, which are three shifts. There will be additional staff if that person needs more typical daily living. Ronald Ripley: You answered my question. I thought the food was going to be delivered. You answered it the other way. You said the food is going to be delivered and prepared there. What is it? Is it going to be prepared? Are you going to be receiving prepared food and feeding your residents or are you going to be fixing the food there? That is my question. Fred Virtucio: Okay. Ronald Ripley: That brings back the question of Mr. Curtis about the activity. Fred Virtucio: The raw food supplies will be purchased from a local store. Ronald Ripley: And you'll prepare them? Fred Virtucio: And will be preparing them on site. Dorothy Wood: So that one person is going to have to clean the facility, cook the food and take care of eight people? Fred Virtucio: One person per shift. There will be one person that will be assigned to. Dorothy Wood: How often will the other person be there? Fred Virtucio: That depends. If the person needs more activity of daily living they would assign someone for that. Dorothy Wood: Gene. Eugene Crabtree: Old people wander. And they move around. I asked you earlier, wheelchairs, motorized vehicles and all and you only have one staff member on to cook, clean up, and look after the person per shift. If one of these old people decide to wander around and they want to get out on the sidewalk and go across Kempsville Road to the shopping center, who is going to stop them? How are you going to stop them? How are you going to stop your residents from getting out there on Kempsville Road, and crossing Item #18 George B. & Edna Paulmino Page 11 that street, if you only got one person per shift? I've spent 31 years in the medical community. I know what old people take? One person can't do that. Fred Virtucio: That is a very good question Mr. Crabtree. The residents that will be taking are ambulatory and they're not in the stage that were considered demented. Eugene Crabtree: How are you going to keep them from going out the door? How are you going to keep them from walking out the front door and getting on Kempsville Road? Do you have anything that prevents them from being able to exit that building when someone is not watching them? Now old people wander. I was just wondering. Fred Virtucio: This matter of paying attention to detail. Donald Horsley: Can I inject something here? I think the type of people you're planning on having there aren't the type of people that you're thinking about, according to what I'm getting. I think these are completely ambulatory people? Fred Virtucio: Ambulatory. Donald Horsely: You don't really care if they get up and walk up and down the sidewalk. It's good exercise for them. Is that not right? Fred Virtucio: That is correct. Donald Horsley: So you're not really worried about them being old and feeble enough to get out on the street and whatever. Fred Virtucio: That is more specialized care. Donald Horsley: That is what I was getting at. Fred Virtucio: Yes. Donald Horsley: There is a lot that we really don't understand. Dorothy Wood: I think we don't because I heard it was assisted living and assisted living is usually people who need help in their daily lives. Fred Virtucio: Yes. Dorothy Wood: Thank you. Let's have a little bit of discussion on this one. Ms. Anderson. Janice Anderson: I can probably have questions both ways. I believe that this type of facility is definitely needed in Virginia Beach and it is a very attractive facility when we went by there, and the site plans. I don't have any problems with those. Everybody is on Item #18 George B. & Edna Paulmino Page 12 the first floor. My concern is that the neighborhood believes it would take away from its character. I do believe there will be extra activity there. If you count the numbers there are going to be eight residents plus the applicant and his wife that's ten. And, then you're going to have at least one or two people helping out during the day. So you're looking at 12 people right there at all times and that is not counting the visitors that come by and trips. I believe there will be a lot more activity than a normal single family home would produce with a family with at least 12 people staying there at all time. But so far as the activity whether it is going to disturbing or not, I'm not quite convinced that it would be that disturbing. I know there would be more activity but cars going in and out of the driveway, I'm not real concern if that would be such a detriment to the neighbors just for cars. What I would really be interested in is how the other senior housing operates in that neighborhood. I would like to hear a little bit more about that but we don't have any information. If the gentleman, if he could? Dorothy Wood: Do you want to sponsor him? Janice Anderson: Yes. I would like to hear how many they have and if they have any complaints or problems with the neighbors and issues like that. Dorothy Wood: Would you sponsor him. I would like Mr. West to come back. Janice Anderson: Yes, please. Thank you. Dorothy Wood: Thank you Mr. West. Please tell us about the other housing? Rick West: Thank you. Rick West. I live in the neighborhood. I did speak with one of the neighbors that lives directly across the street from the other one and she really has no problem with that one there. She says that she was not notified that it was going in there but that was the only complaint that she had. Janice Anderson: Do you know how many residents are in that location? Rick West: I do not. I just know it's a similar type thing there. It is a senior house for seniors. I have no idea of how many are in there. I can find out and come back to you. There was one other thing that I wanted to bring up that hasn't been mentioned yet. I forgot to bring it up before. Can you bring the intersection back up there? Indian River Road comes right down here and Kemspville Road crosses it. For about two hours during the day this entire area from here down is blocked. It is solid cars for about two hours, which will cause a problem for any emergency vehicles that need to get in there during that time. I never come in Bonneydale Road when I'm coming down that way because of this at that time of day in the afternoon. I go in the other way, which if this was in the interior of Acredale, the emergency vehicles could also come in that way but being here an emergency vehicle has to come down Kempsville Road, make a u-turn to get back to the house. That is another thing that we were concerned about is emergency vehicles and people getting out and the other things that I mentioned. Item # 18 George B. & Edna Paulmino Page 13 Dorothy Wood: Thank you sir. Are there any questions for Mr. West? Thank you sir. Rick West: Thank you. Dorothy Wood: Jan, does that answer your question? Janice Anderson: Somewhat. You gave me a little bit of information. I just wanted to hear other people's comments. I believe the addition of the white vinyl fence all around would definitely be needed, if this is to be considered. Dorothy Wood: And maybe even fewer people. Janice Anderson: Yeah. Dorothy Wood: Barry, Ron and then Will. Barry Knight: I'm kind of worrying about two things. I'm kind of breaking it down. As far as quality of the neighborhood versus the need for this type of home, I did grow up in Acredale and it was a wonderful place and we could walk up and down the middle of Kempsville Road back in the late 50's and not worry about getting run over. That has certainly changed a whole lot. There is a tremendous amount of traffic there. It isn't in the interior of Acredale. It's on the outside. There is a lot of traffic. I'm not so concerned about the amount of traffic going in and out. I believe they will learn real quickly when they need to go get the groceries and go get food service items and such. I know that neighborhood has been around since the early to mid 50's. And, there are a lot of older seniors in there that possibly may want to utilize this. They live in Acredale now. They may want to live in the same neighborhood and utilize the same facilities, the same library, etc. I'm kind of thinking that I don't think it's going to be of a great impact to the neighborhood except for a couple of the surrounding neighbors. I totally sympathize with them. If you do have the privacy fence around there I think that is going to mitigate some of that concern. And these active 62 year old and older seniors now, I think they're going to make very good neighbors. So, with that and knowing that some of these older folks from the neighborhood may want to move into this home and being closer to where they grew up and maybe they have some children living in there. I will be in support of it. I certainly wouldn't have been in support with the number 10. Now its down to eight. I'm right at the edge where eight would absolutely be the maximum that I could consider but I think six would probably be better. Dorothy Wood: Ron, you were next with your hand up. Ronald Ripley: My question to the staff is there any number of by -right that this could be occupies as such? Robert Scott: Well, at some point you have to look at the definition of a family. They resemble a family in certain aspects. I don't know if I'm the right track with that answer. Item # 18 George B. & Edna Paulmino Page 14 Bill Macali: You are. Well the definition of family include a group of not more than 8 mentally ill, mentally retarded or developmentally disabled persons. This certainly would not include that so that is not covered. Dorothy Wood: It says here Bill that three persons allowed under the definition of residential care for seniors on Page 4. Bill Macali: I need just to take a quick look at that. Dorothy Wood: Would you. Just down like the fourth paragraph. Bill Macali: For residential care for seniors is defined as a single family dwelling in which a resident or compensation regularly provides care, protection, supervision for a maximum of three persons 62 years of age or older in the providers own home. I guess that is a permitted principle use in residential districts, so I think for six people they would need a Conditional Use Permit for the senior's housing. Is how I would analyze it? Yes ma'am. So, I think six. Three is the maximum of right without a Use Permit, and six, they would still need the Use Permit. Dorothy Wood: Thank you. Ron. Ronald Ripley: I wanted to get that cleared up. William Din: I agree with the statements that Barry has made. This is a very busy intersection. I go through there quite a bit. I live in that area also. Traffic is not going to get any less. I don't think this type of use is going to increase that traffic to the point where people are making u-turns just to go to this facility. I think people are making the u-turns are making the u-turns to access their houses in that area also into this area. If you live there long enough you are going to certainly get accustomed to which directly you're going to go and how you're going to get there because of that traffic. As far as the staffing goes for this senior housing, I assume the requirement with Social Services and the Permits and Inspections are going to govern what is required as far as staffing goes on this type of unit, whether they have one staff or if that is adequate according to some standard. Is that correct? Robert Scott: Yes. They would look at probably from different points of view than you look at it. You're emphasis ought to be right of use and acceptability and there is more operational the way they look at it. William Din: The staffing did not sound adequate to me but I don't know what is required for that type of use there. I'm sure that the Department of Social Services would be looking at that aspect of it before they permit it from a licensing aspect. To me, this is a needed use. And again, as Barry said a lot of residents who grew up in this area may want to stay in this area. This gives them an opportunity to do so. I think it is a need that should accommodate here. The traffic parking area and the vehicles utilizing this Item #18 George B. & Edna Paulmino Page 15 particular use probably will increase some but I think they're trying to minimize that. It is parking in the rear. It is not in the front. And, as a, I guess as an independent resident who might be staying there, I hope we can control whether they go out the door or not. I know seniors want to be independent. They want to walk around. I know we're trying to lock them up in the facility. It sounds worse than it is. As a resident here, they are assisted and they are ambulatory. I don't think they are required to stay within this facility. To me, a resident is living there and would like to utilize the sidewalks, cross the street, and utilize the public facilities. So, I think I'm going to support this use. I think it is a need that we should accommodate them. When the time comes, I will make a motion to approve. Dorothy Wood: For eight people? William Din: For eight people as stated in the condition. Dorothy Wood: Are there any other comments? Gene. Eugene Crabtree: One last statement. I'm concerned about the quality of life for the residents there. I think we need things for our seniors and assisted living. As Will said, I think Social Services and the people who regulate this will regulate as to how many people of staff need to be there and depending on the degree of assistance that the people need as to what will be required and what can be required as far as the overseeing. I'm concerned that another facility like this being on an extremely busy road but at the same time I think they put a lot of work and effort into it to improve the facility. I think they got a good facility. I think it is adequate for eight people and I just hope that Social Services and those people who will regulate the amount of staff to ensure that the people have a quality of life that they deserve. Dorothy Wood: Thank you Gene. Eugene Crabtree: I'm not against it but I want them to enjoy that. Dorothy Wood: Thank you. Barry. Barry Knight: I would like to second Will's motion. Will, was that with a privacy fence all the way around the property. William Din: Yes. Dorothy Wood: Is that in the form of a motion? Ronald Ripley: With the revised conditions? Dorothy Wood: With the revised conditions. Item #18 George B. & Edna Paulmino Page 16 William Din: I'm sorry. Let me restate that. I'd like to make a motion that we approve this application as stated with the privacy fence going around the entire property and with the revised conditions with the addition of the fire suppression system. Dorothy Wood: It's not a chain link fence. It's a privacy fence. William Din: It's a vinyl privacy, six-foot fence. Ronald Ripley: Can I ask a question before we vote? On the privacy fence Mr. Scott would you want that privacy fence to stop at the setback line? Robert Scott: It would have to be according to what the zoning ordinance requirements that pertain to those types of fences. They do have some specifics on those. Barry Knight: I second Will's revised motion. Dorothy Wood: Thank you. Is there any other discussion? AYE 7 NAY 1 ABS 0 ABSENT 3 ANDERSON NAY CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER ABSENT RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 7-1, the application of George & Edna Paulmino has been approved. s.j ,L1 1-2 yvi `A7W x 4,(�4 r3_ cam , �,4 2g q-1 wul ............ r /. 6 '7z �u ,may `i � 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SBA Communications, Inc. — Conditional Use Permit (communication tower) MEETING DATE: February 22, 2005 ■ Background: An Ordinance upon Application of SBA Communications, Inc. for a Conditional Use Permit for a communication tower on property located at 2165 Pungo Ferry Road (GPIN 23095107360000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant is proposing to build a 199-foot tall monopole communication tower. The tower would be designed to hold a total of three sets of antenna. The Planning Commission previously heard this request on April 11, 2001. The Planning Commission recommended approval of the application to City Council. City Council indefinitely deferred this application on August 28, 2001. After the 2001 deferral, the City Council requested that City staff conduct a study of wireless communication towers in Virginia Beach and provide a report to the City Council on the result of the study, recommending policy changes if appropriate. City Council was concerned about the increasing height of towers in areas of the city where such height has a significant and possibly detrimental affect on the landscape. In the case of this application, the tower's height would make it visible from the Pungo Ferry Bridge, one of the more spectacular views in the city. City staff briefed the City Council on the study on October 23, 2001, and the City Council made a policy change as a result of the study. The change consisted of requiring that communication towers in the rural area of the city and in residential areas in the northern part of the city be "stealth" in design. Stealth towers are towers that are lower in height and appear to be objects commonly found in the landscape within which the tower is located, such as a tree, a light pole, a flagpole, a silo, or a church steeple. At the request of the applicant, on October 12, 2004, the City Council reviewed this application and referred the application back to the Planning Commission for consideration under this policy change. There have also been changes in the application itself that require additional staff review. The proposed 199-foot tall communication tower does not meet the guidelines for communication towers adopted by policy by City Council in September 2001. Those guidelines call for towers within this area of the City to be stealth towers SBA Communications, Inc. Page 2of3 that are lower in height, no more than 120 feet. The tower as proposed will impact one of the most stunning and important views in the city — that from the Pungo Ferry Bridge. As one moves from the top of the bridge eastward toward Princess Anne Road, the tower will be visible over what is now a vista of woods, houses and farm buildings, vegetated fields, marsh, and cropland. To minimize the impact, the applicant has set the tower back 600 feet from Pungo Ferry Road within in a wooded area. This location will somewhat minimize the impact on the vista; however, it must be understood that the tower will be highly visible from several different vantage points. The new proposal also does not fully meet the guidelines for locating a new communication tower contained in the zoning ordinance and as adopted by policy by City Council in September 2001. When the Planning Commission heard this application in April 2001, the Planning staff and the Planning Commission determined that the tower did meet the zoning ordinance location criteria; however, there have been changes to the application that require reconsideration. In 2001, the primary user of the tower was NEXTEL and the tower was proposed as part of a planned expansion into the rural area of the City. The tower was to connect to the 199 foot tall tower approved by City Council on December 5, 2000 and constructed in 2001 further south on Marvin Road and to connect to another planned 199 foot tall tower on Land of Promise Road approved by City Council on February 13, 2001 but never constructed. NEXTEL is now operating solely from the Marvin Road tower. This current proposal states VERIZON as the primary and only user of the new 199 foot tall tower. There is space for other providers, however, none have been identified as needing to locate on this proposed tower at this time. In addition, there are still spaces on the 199 foot tall Marvin Road tower that are not being utilized. VERIZON has stated that the Marvin Road tower does not adequately serve their needs for improved coverage (basic coverage as required by the FCC is already provided within this area of the City). Based on the propagation maps submitted by VERIZON, there is substantial overlap in the coverage that could be provided utilizing the Marvin Road tower verses this new tower. Staff feels that VERIZON should utilize the Marvin Road tower prior to construction of a new tower. This is the most reasonable option for improving coverage in this area based on the location criteria for new communication towers outlined in the zoning ordinance and the policies for communication towers set forth by City Council. In addition, with the recent industry trend toward continued consolidation and mergers, the demand for new tower space is likely to diminish. Staff, therefore, recommends denial of this request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request with the following conditions: 1. The proposed tower must be developed as a monopole structure not to exceed 199 feet M.S.L. in overall height. SBA Communications, Inc. Page 3 of 3 2. The applicant shall purchase and install a tower capable of accommodating additional users. 3. Limits of clearing for the initial tower construction shall be limited to the eastern half of the area inside the fence. The area west of the access road, within the 50 foot tower setback shall not be cleared until a detailed site plan for a third provider is approved. 4. The gravel parking spaces shown on the site plan shall be relocated to the eastern side of the access road. The existing trees on the western side of the access road must be preserved. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City emergency communications facilities arises from the user of this tower, the user shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7. In the event that the tower is inactive for a period of one year, it must be removed at the applicant's expense. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department *406-�� City Manager: t� , SBA COMMUNICATIONS, INC. Agenda Item # 20 January 12, 2005 Public Hearing 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. REQUEST: LOCATION: GPIN: r; Location and General Information-T Conditional Use Permit for communications tower. Property located on South side of Pungo Ferry Road, 1,460.70 feet west of Princess Anne Road. Said parcel is located at 2165 Pungo Ferry Road 2309-51-0736 SBA Inc. Fy 8 �0\ AG-2 �a � AG-1 ` AG-2 0 ��MGVJo ✓:.- It .�, _.�." .+ _�.. 3 Q�n I, -% 3 - AG-ai 4 i E12 AG-1 . ~Gpi. zWq-S1-.Q736 COUNCIL ELECTION DISTRICT: 7 — PRINCESS ANNE SBA COMMUN SITE SIZE: 48.70 acres EXISTING A single-family home exists on the site and the site is zoned AG - LAND USE: 1/AG-2. SURROUNDING North: Agricultural operations / AG-1 & AG-2 Agricultural LAND USE AND District ZONING: South: Wooded property (floodplain/wetlands) / AG-1 Agricultural District East: Agricultural operations, church, single-family homes / AG-1 & AG-2 Agricultural District West: Wooded property / AG-1 & AG-2 Agricultural District NATURAL RESOURCE The property is partially cleared and partially wooded. The front of AND the property, along Pungo Ferry Road was recently cleared. The rear CULTURAL of the property is wooded. FEATURES: AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. The applicant is proposing to build a 199-foot tall monopole communication tower. The tower would be designed to hold a total of three sets of antenna. The Planning Commission previously heard this request on April 11, 2001. The Planning Commission recommended approval of the application to City Council. City Council indefinitely deferred this application on August 28, 2001. After the 2001 deferral, the City Council requested that City staff conduct a study of wireless communication towers in Virginia Beach and provide a report to the City Council on the result of the study, recommending policy changes if appropriate. City Council was concerned about the increasing height of towers in areas of the city where such height has a significant and possibly detrimental affect on the landscape. In the case of this application, the tower's height would make it visible from the Pungo Ferry Bridge, one of the more spectacular views in the city. City staff briefed the City Council on the study on October 23, 2001, and the City Council made a policy change as a result of the study. The change consisted of requiring that communication towers in the rural area of the city and in residential areas SBA COMMUNICATIONS, INC. Agenda Item #, 20 Page 2 in the northern part of the city be "stealth" in design. Stealth towers are towers that are lower in height and appear to be objects commonly found in the landscape within which the tower is located, such as a tree, a light pole, a flagpole, a silo, or a church steeple. At the request of the applicant, on October 12, 2004, the City Council reviewed this application and referred the application back to the Planning Commission for consideration under this policy change. There have also been changes in the application itself that require additional staff review. 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 the surrounding area in terms of aesthetics • Determination of the need for a new communication tower in this area Comprehensive The Comprehensive Plan identifies this area as part of the Rural Area and recognizes land uses that would be compatible with agriculture and the rural community as being appropriate. Land use planning policies and principles for the Rural Area focus on preserving agriculture. From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low and maintaining the rural community, the vision for our rural landscape is important. Staff Evaluation Staff recommends denial of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, does not address each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are (1) The proposed 199-foot tall communication tower does not meet the aesthetic guidelines for communication towers adopted by policy by City Council in September 2001. Those guidelines call for towers within this area of the City to be stealth towers that are lower in height, no more than 120 feet. The tower as proposed will impact one of the most stunning and important views in the city — that from the Pungo Ferry Bridge. As one moves from the top of the bridge eastward toward Princess Anne Road, the tower will be visible over what is now a vista of woods, houses and farm buildings, vegetated fields, marsh, and cropland. To minimize the impact, the applicant has set the tower back 600 feet from Pungo Ferry Road within in a wooded area. This location will somewhat minimize the impact on the vista; however, it must be understood that the tower will be highly visible from several different vantage points. (2) The new proposal does not fully meet the guidelines for locating a new communication tower contained in the zoning ordinance and as adopted by policy by City Council in September 2001. When the Planning Commission heard this application in April 2001, the Planning staff and the Planning Commission determined that the tower did meet the zoning ordinance location criteria, however, there have been changes to the application that require reconsideration. In 2001, the primary user of the tower was NEXTEL and the tower was proposed as part of a planned expansion into the rural area of the City. The tower was to connect to the 199 foot tall tower approved by City Council on December 5, 2000 and constructed in 2001 further south on Marvin Road and to connect to another planned 199 foot tall tower on Land of Promise Road approved by City Council on February 13, 2001 but never constructed. NEXTEL is now operating solely from the Marvin Road tower. This current proposal states VERIZON as the primary and only user of the new 199 foot tall tower. There is space for other providers, however, none have been identified as needing to locate on this proposed tower at this time. In addition, there are still spaces on the 199 foot tall Marvin Road tower that are not being utilized.", VERIZON has stated that the Marvin Road tower does not adequately serve their needs for improved coverage (basic coverage as required by the FCC is already provided within this area of the City). Based on the propagation maps submitted by VERIZON, there is substantial overlap in the coverage that could be provided utilizing the Marvin Road tower verses this new tower. Staff feels that VERIZON should utilize the Marvin Road tower prior to construction of a new tower. This is the most reasonable option for improving coverage in this area based on the location criteria for new communication towers outlined in the zoning ordinance and the policies for communication towers set forth by City Council. In addition, with the recent industry trend toward continued consolidation and mergers, the demand for new tower space is likely to diminish. Staff, therefore, recommends denial of this request. If this application is approved contrary to staff's recommendation, the following conditions should be attached to the approval. Conditions 1. The proposed tower must be developed as a monopole structure not to exceed 199 feet M.S.L. in overall height. 2. The applicant shall purchase and install a tower capable of accommodating additional users. 3. Limits of clearing for the initial tower construction shall be limited to the eastern half of the area inside the fence. The area west of the access road, within the 50 foot tower setback shall not be cleared until a detailed site plan for a third provider is approved. 4. The gravel parking spaces shown on the site plan shall be relocated to the eastern side of the access road. The existing trees on the western side of the access road must be preserved. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City emergency communications facilities arises from the user of this tower, the user shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7. In the event that the tower is inactive for a period of one year, it must be removed at the applicant's expense. 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. SBA COMMUN Map J--20,27 Zoning History _t RA Itir ' 1 • i ��i .'p 1' r Gpin 2309-5I-0736 # I DATE IREQUEST I ACTION 1 01/09/01 Conditional Use Permit/Subdivision Variance for Rural GRANTED Residential 2 10/14/85 Conditional Use Permit for Single Family Dwelling GRANTED 03/14/88 Conditional Use Permit for Dog Kennel GRANTED 3 04/14/86 Conditional Use Permit for Cemetery GRANTED 4 10/13/86 Conditional Use Permit for Church Addition GRANTED SBA COMMUN Exhibit A Proposed Site Plan Exhibit B Proposed Site I I Detail Jl'�IO Iq"1�d 1'IVNIRM.i1QNE�?>�ki -"" OW��'� wr n s► •wr► ��r . a I� 4 t[ wn w..wyr. e. JDH UUIVIIVIVIV Exhibit C Disclosure Statement SBA COMMUN Exhibit D Supplemental Information Computer -generated image showing tower on -site from Pungo Ferry Road Item #20 SBA Communications, Inc. Conditional Use Permit 2165 Pungo Ferry Road;_ District 7 Princess Anne January 12, 2005 I RX11" w:1 Joseph Strange: The next item is Item #20, SBA Communications, Inc. An Ordinance upon Application of SBA Communications, Inc., for a Conditional Use Permit for a communications tower on property located at 2165 Pungo Ferry Road, District 7, Princess Anne with seven conditions. Dorothy Wood: You had a long day with us also. Thank you for waiting all day. C.E. Forehand: Good afternoon. C.E. Forehand. I'm with SBA Commnications. I also have with me in the,audience in support Catherine Faulkner, who is the Virginia Manager for Verizon Wireless. They are the primary carrier on the site. This site was unanimously approved, with no opposition by the Planning Commission, back in 2001, and it was tabled at that point. Basically, we came in with a system throughout Southern Virginia Beach. The original system was actually designed by Sprint but it was intended to cover the entirety of Southern Virginia Beach. Due to overall conditions and economy of the market all the major carriers cut back their build plans. Sometime around that point and the only site that was actually built with Nextel as the anchor was the Marvin Road site, the monopole down on Marvin Road. Since then, the carriers have been focusing on increasing their development of towers and sites within more dense populated areas. They've cut back and are now just getting back to start to cover some of the rural areas. Verizon is specifically trying to link up this site. The maps that I passed out have radio frequency maps for the Verizon system. They are trying to link up with their North Carolina system. They have a site down in Knotts Island. They're also trying to link up with a site they have in Pungo, right in downtown Pungo right at Indian River Road and Princess Anne Road. They have another site on North Landing Road right at the Virginia Beach/Chesapeake City line. They have another site they call Hickory in Chesapeake on 158 Bypass at Indian Creek Road. So, this site is intended to provide coverage throughout the area. It's basically about a seven -mile radius that they're trying to cover with this site. It is about a seven -mile, give or take but they're trying to cover approximately seven miles. If they collocated on the Marvin Road site, it would provide coverage along Princess Anne Road but it would bunch up the coverage with their North Carolina site, which is on Knotts Island. Those two sites would be too close together and it would leave gaps in coverage between the Pungo site along Princess Anne Road and along Pungo Ferry Road. So, it's to far south for Verizon to match up with their existing network. The coverage that they're anticipating trying to build in this area. The height is essential for them because they're trying to link up with these additional sites. A 120 foot standard that Council talked about back in 2001, it may be a good standard for Little Item #20 SBA Communications, Inc. Page 2 Neck, which we have a site two miles away on either side. It may be a good plan for a densely populated area but we're talking about covering here our rural areas where it is not as densely populated. They're trying to cover larger expansions of area. This specific site has, even though it was cut back in 2001 has continually had carrier interest. It was originally proposed by Sprint. Nextel was and still is interested in the site. They just don't have the funding right now for this specific site. Cingular, which took over and bought out the SunCom Network, they are also interested in this site. They indicated to me as of yesterday that they are in the process of redesigning all of the old SunCom sites. They're taking them over. They are interested in collocating on this site also this year. So, Verizon and Cingular both have interest in collocating on this site this year. And Nextel has indicated that they are also interested in collocating to this site as soon as they can acquire funding. I don't know if that is going to be this year or if it is going to be next year. Cingular also indicated, incidentally that they were also interested in Marvin Road site. So, the carriers have different networks. They have different footprints throughout the geographic area. And, Verizon is trying to link up with several sites they have existing. Cingular is doing the same thing. Nextel is doing the same thing. They all have sites in different areas: So, I believe that the fact that all these carriers have expressed interest in this site means that this site is actually a well -placed site. The site is well buffered. It is on one of the larger wooded parcels in the area. It has a good natural buffering. I believe because of that it is going to be less visible than building a site on two more properties and other surrounding areas. So, that is pretty much all I have. I'm t open to any questions. Dorothy Wood: Thank you for coming. Barry, since that is your area, do you anything to say? Barry Knight: Are there any other speakers? The only thing that I have to add is that I live right in this area and I pass this site a half dozen times while going to one of my farms as does my co -farmer over there, Mr. Horsley, and we know that we don't have any service whatsoever down here on Pungo Ferry Road and certain sections of Blackwater, which we understand this will cover. I know that we're going to have one monopole here. It's not going to be lit. I believe we need service down there. It's a good location for service. Once we put it there, after the initial construction is over I don't think we will ever see it. At the time, I'll be prepared to make a motion to approve it. Don, if you got any comments? Donald Horsley: I agree with what you said. The service out there is very poor. We approved this one time back in 2001. I was on the Commission at that time when we approved it. I didn't have any problem with it then and I think it was in the interest that these taller monopoles were affecting the aesthetics down there. As you see them and then you don't see them. It's kind of the way it is. The comment this morning was the only type of pole that you see would be 30 feet tall probably, in the woods. I don't have a problem with it at all. I think it's a service provided to the community down there. I hope it will help the service for the people in that area. I hear it everyday from the citizens so I support the application. Item #20 SBA Communications, Inc. Page 3 Barry Knight: I'll make a motion to approve the application. Donald Horsley: I'll second it. Dorothy Wood: Ms. Anderson? Janice Anderson: I just want to make one comment. I believe that on the staff report they had recommended a denial due to a policy that they had printed out in 2001 with regard to the towers not being higher than 120 feet. I know I definitely understand policy and it should be followed. Sometimes, especially in this rural area if it doesn't make sense or doesn't accomplish your goal it is not right to follow the policy. As they stated that these taller poles are needed out there to cover a larger area. It's a rural area. Like Mr. Horsley said that if it is under 120 feet or under 90 feet from where it is because it is a rural area and there is not a lot of development there to hide behind it. I just want to make the comment that I understand what the policy is but I don't think it would be wise to follow policy in this particular application and I would support it also. Dorothy Wood: Thank you. I have a motion by Mr. Knight and a second by Mr. Horsley. AYE 8 NAY 0 ABS 0 ABSENT 3 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER ABSENT RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 8-0, the application of SBA Communications, Inc. has been approved by the Board. Dorothy Wood: The meeting is adjourned. Thank you all. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Reed Enterprises, Inc. — Change of Zoning District Classification and Conditional Use Permit (automobile repair establishment) MEETING DATE: February 22, 2005 ■ Background: a) An Ordinance upon Application of Reed Enterprises, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located on the southeast side of Dam Neck Road, approximately 290 feet south of Holland Road (GPINS 14951451250000;-62220000,-70200000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 7 — PRINCESS ANNE b) An Ordinance upon Application of Reed Enterprises, Inc. for a Conditional Use Permit for an automobile repair establishment on property located on the southeast side of Dam Neck Road, approximately 290 feet south of Holland Road (GPINS 14951451250000;-62220000;-70200000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant wishes to expand on the existing automobile service operation to the north by developing this site with auto repair use. The application states that the architectural design will mimic that of the existing facility to the north. The primary function of this building will be for tire sales and minor automotive repairs and service. As called for within this Strategic Growth Area 11, developable land located within the southern portion of this area is planned for non-residential uses that include low intensity retail and service uses compatible with the adjacent residential neighborhood. The proposed service station is consistent with the Plan's recommendation. The applicant has also combined three (3) existing parcels in an effort to comply with the Plan's directive of consolidating parcels and limiting access points. This site is located within the greater than 75 AICUZ, Accident Potential Zone 2, and within a Restrictive Easement owned by the United States Department of the Navy. The Navy has reviewed the proposal and deemed it compatible with the Reed Enterprises, Inc. Page 2 of 2 uses permitted in such an easement and with naval flight operations. As this property falls within the highest noise zone and an accident potential zone, the reduction of residential dwelling units is deemed favorable. There was opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the requests as proffered and with the following conditions: 1. A cross access/cross reciprocal easement between the proposed development and the existing service station to the north and the property to the south shall be depicted on the final site plan. 2. The ingress/egress configurations for both Holland and Dam Neck Roads shall be subject to approval by the Department of Public Works, Traffic Engineering. 3. A photometric diagram plan shall be submitted to the Planning Department at the time of final site plan review. Said plan shall include the location and height of all lighting poles and the location of all building mounted fixtures. The lamp type, wattage and type of fixture shall also be depicted on the plan. ■ 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: tz- "2)6&3`Z INC. REED ENTERPRISES, �X# Agenda Item # 1& 2 January 12, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE yyr�,, 'ocation and rr yr � J 7 1. Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District. 2. Conditional Use Permit for auto repair. Property located on the south side of Dam Neck Road, west of Holland Road. Map H-10 Reed Enterprises, LLC s aie t-� c z-i u a A - ``a R-SD i 2 a J �z o 14951451250000;14951462220000;14951470200000 7 — PRINCESS ANNE 1.72 acres REED EXISTING The property is currently vacant and exists as primarily a grassed LAND USE: field. SURROUNDING North: . Automobile repair & fuel sales / Conditional B-2 LAND USE AND Community Business District ZONING: South: . Vacant / AG-2 Agricultural District East: . Wooded / AG-2 Agricultural District West: . Dam Neck Road, single family dwellings / R-5D Residential District NATURAL The property is located in the Southern Watersheds Management RESOURCE Area and is partially wooded. The portion of the site with frontage AND along Holland Road has been cleared and seeded. The rear of the CULTURAL property contains existing single-family dwellings (2) that are within FEATURES: the wooded portion of the site. There does not appear to be any significant environmental features other than the existing wooded area. AICUZ: The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zone 2 surrounding NAS Oceana. There is a restrictive covenant and easement on this property that is owned by the United States Department of the Navy. The applicant wishes to expand the existing automobile service operation to the north by developing this site. The application states that the architectural design will mimic that of the existing facility adjacent to the north. The primary function of this building will be for tire sales and minor automotive repairs and service. REED 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 District. Level of architectural design and compatibility with surrounding land uses. Comprehensive Plan 44 The Comprehensive Plan recognizes this site to be within Strategic Growth Area 11, West Holland Area. Developable land located on the south side of this area is slated for non-residential uses to include low intensity retail and service uses that would be compatible with the adjacent residential neighborhood. The Plan states that proposed development within Strategic Growth Areas should work to accomplish "efficient use of land resources, full use of urban services, compatible mix of uses, a range of transportation opportunities, and detailed human scale." The Plan emphasizes that every effort should be made to consolidate parcels of land to achieve a more unified and well -planned development. One objective of consolidating parcels of land is to provide common access easements to create well -planned, unified developments. New development should exhibit an attractive, high quality design, especially as seen from Dam Neck and Holland Roads. Every effort should be made to eliminate negative sensory impacts through design as they may affect the adjacent residential neighborhood and "...take into account the unique character of the affected neighborhood and make adjustments as necessary to protect it" (page 90). REED 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 substantially as shown on the exhibit entitled, "PRELIMINARY PLAN FOR AUTOMOTIVE SERVICE FOR LOT 48 AND 49 AND 50 S.E. CORNER HOLLAND AND DAM NECK ROADS FOR REED ENTERPRISES INC," prepared by Land Design and Development, Inc., dated 13 Nov. '04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER # 2 The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "NEEL REED PROJECT — AUTO SERVICE CENTER, HOLLAND ROAD & DAM NECK ROADS, VIRGINIA BEACH, VIRGINIA (PG A-2), dated 9-29-04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). PROFFER # 3 When the Property is developed, it shall be landscaped consistent with the detailed "LANDSCAPE PLAN FOR AUTOMOTIVE SERVICE FOR LOT 48 AND 49 AND 50 S.W. CORNER HOLLAND AND DAM NECK ROADS FOR REED ENTERPRISES, INC.," prepared by Kathleen Zeren, dated 11/19/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). REED PROFFER # 4 The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight (8) feet in height. PROFFER # 5 All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Staff Evaluation of The proffers are acceptable. They ensure that the proposal Proffers: will be constructed with quality building materials and design and landscaped in a manner above and beyond the minimum requirements of the Zoning Ordinance. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated November 29, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation-N Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) As called for within this Strategic Growth Area 11, developable land located within the southern portion of this area is planned for non-residential uses that include low intensity retail and service uses compatible with the adjacent residential neighborhood. The proposed service station will provide a service to nearby residents and again, is consistent with the Plan's recommendation of nonresidential development. In addition, the applicant has combined three (3) parcels in an effort to comply with the Plan's directive of consolidating parcels and limiting access points. uses permitted in such an easement and with naval flight operations. As this property falls within the highest noise zone and an accident potential zone, the reduction of residential dwelling units is deemed favorable. (3) The proposed elevations depict a predominately brick structure that will complement the existing, attractive building to the north. This new building will mimic the details and construction materials of the auto service station adjoining. The uses will be compatible and the site layout has been designed to provide easy internal access from parcel to parcel. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. A cross access/cross reciprocal easement between the proposed development and the existing service station to the north and the property to the south shall be depicted on the final site plan. 2. The ingress/egress configurations for both Holland and Dam Neck Roads shall be subject to approval by the Department of Public Works, Traffic Engineering. 3. A photometric diagram plan shall be submitted to the Planning Department at the time of final site plan review. Said plan shall include the location and height of all lighting poles and the location of all building mounted fixtures. The lamp type, wattage and type of fixture shall also be depicted on the plan. 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. m w - Zoning History 1#1 Conditional Zoning - Rccooded Proffers Conditional Zoning change: AG-2 to Conditional 8-2 # I DATE IREQUEST I ACTION 1 08/24/04 Change of Zoning (R-5D Residential District to Granted Conditional 0-1 Office District & Conditional R-5D Residential District) 2 08/10/04 Change of Zoning (R-5D Residential District to Granted Conditional 1-1 Light Industrial District & Conditional 1-2 Industrial District & P-1 Preservation District) 3 Conditional Use Permit (communication tower) Granted 4 07/03/01 Change of Zoning (AG-2 Agricultural District to Granted REED ENTERPRISES Agenda Item # , &2 Page„+7 Conditional B-2 Community Business District) Conditional Use Permit (auto service station) 5 12/05/83 Change of Zoning (AG-1 Agricultural District to 1-1 Light Granted Industrial District) 6 12/05/83 Conditional Use Permit (bulk storage) Granted 7 09/22/86 Subdivision Variance Granted 8 12/22/86 Conditional Use Permit (animal hospital, kennel) Granted 9 02/14/95 Change of Zoning (0-2 Office District to 1-1 Light Granted Industrial District) 10 06/09/98 Conditional Use Permit (communication tower) Granted 11 10/27/99 Conditional Use Permit (communication tower) Granted 12 09/14/99 Change of Zoning (R-5D Residential District to Granted conditional 1-1 Light Industrial District) Public Agency Comments Public Works Master Transportation Plan (MTP): Dam Neck Road is a four (4) lane suburban arterial. The Holland Road Phase IV CIP project (Dam Neck Road to Nimmo Parkway) is currently in design for road widening. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 35,812 321500 — — 10 ADT Dam Neck Road , ADT 37,100 ADT' Proposed Land Use 3— 47 ADT Average Daily Trips 2 as defined by existing single family dwelling on agriculturally zoned property 3 as defined by an auto parts store with service center Public Utilities Water: There is a 16 inch water main in both Dam Neck and Holland Roads. This site must connect to City water. There is a 12 inch sanitary sewer force main in both Dam Neck and 1"" REED Holland Roads. City gravity sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. 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: Adequate — fire code permits will be required at the time of �occupancy. IIt A f Site ation } r �� r Exhibit C Proposed Landscape Plan i AVIA, Ij C= EEQ C-LVALT-Q& VM1, OW, VVIK 1 -1-7 , SWN -,-LEXrN_TION REED Exhibit D - 1 Proposed Building Elevation Exhibit D - 2 Proposed Building Elevation REED 13 AOKI U04,14 EM Exhibit E - 1 Disclosure Statement PS CA J_ I It A off m ff MAUUMN 8 N412 pt ash oil w Igo bj_ 1 Ell Mark" IM gin SITE? LU UU; w Mz win W 0 sm3g; h His VvY, j1pplIGY at to e 16 Sa M - :265 2 o 11-e taly owwwa tom-2bA 00 MwAN OWNIUM6 Ty so IS -OF'" Q a fif I -S 0 0; CIT i 0,z§ 3I21 Is I m g 1 1,2 SIN "_ a 115-1 It's 820 R 11 i ��111. f 114. of twill wi I Ito 1 1111511 t wM ININ"A" - 1111!1A 19 0t Big LU z WOW Zvi eg via 0 ZW q g - l 1a ,13 1 ro . 1 . REED Ag Exhibit E - 2 Disclosure Statement I Exhibit F Supplemental Information DEPARTMENT OF THE NAVY Ar Hvl L) NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2168 0EC in c ES TO, 7 Ser 33/0532 PLANNING DEFAWFOMT9, 2004 Ms. Carolyn A. K. Smith City of Virginia Beach Department of Planninq 2405 Courthouse Drive, Building 2 Virginia Beach, VA 23456-9040 Dear Ms. Smith: Thank you for the opportunity to review the Conditional Use Permit Application and Conditional Rezoning Application forwarded by your Planning Commission Routing Slip dated October 1, 2004, concerning Reed Enterprises, Inc./Automotive Service Center. A Real Estate Contracting Officer at Naval Facilities Engineering Command, Mid -Atlantic has completed a thorough review of the proposed Conditional Use Permit Application. I have reviewed and support the attached copy of the Review and Findings which determined that the use of the property for the Automotive Service Center would be allowed under Paragraph 2.b,(15) of the Grants of 'Easement, as long as the facility does not exceed the 216 feet above mean sea level height restriction. Be aware that our determination is based on your representations of the use of the Property. Any change in use from that represented will render this determination void. Please be advised that the Navy will periodically conduct random reviews, in the field, of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. If there are any questions, please contact Mrs. Patty Hankins at 322-4298. and very respectfully, U/ S. Navy .a� officer Enclosure; Real Estate Contracting-' icer's Review And Findings Copy to: COMNAVREG MIDLANT LANTDIV mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission NAVFAC MIDLANT (Code DRE82/RES) Item # 1 & 2 Reed Enterprises, Inc. Change of Zoning District Classification Conditional Use Permit Southeast side of Dam Neck Road District 7 Princess Anne January 12, 2005 REGULAR Dorothy Wood: We'll go on now to our regular order of business. Mr. Joe Strange will be conducting this portion of our meeting. Joseph Strange: The first item will be Items #1 & 2, Reed Enterprises, Inc. An Ordinance upon Application of Reed Enterprises, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located on the southeast side of Dam Neck Road approximately 290 feet south of Holland Road and an Ordinance upon Application of Reed Enterprises, Inc. for a Conditional Use Permit for an automobile repair establishment on property located on the southeast side of Dam Neck Road approximately 290 feet south of Holland Road, District 7, Princess Anne. This has five proffers and three conditions. Eddie Bourdon: Thank you Mr. Secretary. Madame Chair, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. I'm being mindful of this application because it was on the consent agenda. I'm endeavored to be brief. This is an assemblage of three parcels of land located on the southeast side of Dam Neck Road adjacent to an existing service station facility, which this applicant developed, which I frankly think is one of the most attractive service stations in the City of Virginia Beach. ] think he's done a magnificent job. He's assembled these three parcels of land which are located in the highest noise zone around NAS Oceana and in APZ #2, with the intent to expand his existing business by doing a facility for minor auto repairs and for tire sales, and for the installation or replacement of tires on motor vehicles. He has designed a facility that is extremely attractive. It will mimic, and look -like the existing service station adjacent to it. The property is zoned agriculture. It is 1.72 acres in total with the three parcels being assembled. Clearly, agricultural zoning is not the appropriate zoning or agricultural land use is not the appropriate land use for this property in this location. Residential land use is not appropriate either. As your staff has appropriately recommended this is exactly the type of development that the Comprehensive Plan looks for that the Navy has indicated in their response in supportive of so it is an appropriate item, I believe to have been on the consent agenda. We're also going to be putting in a turn lane. We're going to extend the existing turn lane all the way across the entire frontage of this property on Dam Neck Road, which will also be a benefit. The only circumstance that I became aware of yesterday is that these properties were purchased from family members of, I think, are the people who own the property adjacent to us along Dam Neck Road. I am advised that communication took place where it was Item # 1 & 2 Reed Enterprises, Inc. Page 2 requested that we consider putting up a privacy fence between this facility and that adjacent property on Dam Neck, which my client has indicated his willingness to do that. I don't know who is here in opposition but that is what they're here to inquire about. We have no problem putting a privacy fence up. I would note that one of the conditions that we absolutely agree with and have discussed with staff, we will be providing a across access easement to the properties adjacent to this property along Dam Neck Road to the property immediately adjacent. That is as far as we can go. The potential future development or redevelopment of that property as well, so it will be able to share access if and when that should take place. I'll be happy to answer any question any of you may have. Dorothy Wood: Are there any questions for Mr. Bourdon? Eddie Bourdon: Thank you. Dorothy Wood: Thank you Mr. Bourdon. Joseph Strange: In opposition, Charles A. Willis. Dorothy Wood: Welcome Mr. Willis. We're happy to have you here. Charles Willis: Madame Chair, members of the Commission, thanks for hearing me. am Charles Willis and I live directly across the street from this proposed endeavor. I have lived there for 40 years. I am retired from the Virginia Beach City Schools. I retired because of prostate cancer forced me to retire. Dorothy Wood: I'm sorry. Charles Willis: After 35 yeas working as a Teacher, Principal, and Director of Human Services for the school system. My wife retired as an English Teacher. My daughter, an honor graduate of Kellam High School, who last served as a Probate Judge in Portsmouth. I love Virginia Beach. Virginia Beach has been very good to us. I oppose this because it is directly in front of my front door. I just hate to wake up in the morning, look at and say good morning car repair. That is saying good morning Saigon. I understand the reason for possibly doing this. If it were a real family affair, more making a living, I would not be here but I think it's an opportunity kind of thing that is in my neighborhood. I have seen that neighborhood change over many years and change is inevitable from a dirt road to a gravel road to a white dot road, ditches of ten feet deep. I live with rattlesnakes, red foxes, deer, raccoon and black bears. I kind of warn out over there. Anyway, I oppose this zoning as I have mentioned. Whatever your deliberation might be, members of the Commission, anything but a garage at my front door. Thank you very much. Dorothy Wood: Thank you sir. I certainly hope that you get well soon. We will certainly keep you in our thoughts and prayers. Item # 1 & 2 Reed Enterprises, Inc. Page 3 Charles Willis: I understand. Thank you. Dorothy Wood: Are there any questions for Mr. Willis? Mr. Bourdon. Eddie Bourdon: Thank you. If you please put the site plan up on the powerpoint. As you can see, Mr. Willis' property is located across near the intersection where Holland Road where you got a four lane, actually six lanes with turn lanes divided highway between that home and this property on the opposite of Dam Neck Road. The facility is, setback close to 50 feet from Dam Neck Road from our front property line on Dam Neck Road with landscaping along the frontage, which is shown on the plan. Not the one that is up there but is on the plan that is in your write up. The building, if you will take a look at the elevation. What is facing Dam Neck Road is a very attractive colonial style building in which the retail component of this facility takes place. There are no garages that face Dam Neck. Those are windows that are depicted on that elevation. That is the front of the building. It is again a brick building with the same architectural features that exist on the service station, which is directly adjacent to the east of this facility. Mr. Willis is correct. There have been a lot of changes taking place in this City over the course of his lifetime and our lifetimes. This is an area once agriculture and is clearly not agricultural today. The Comprehensive Plan does not and has not for a number of Comprehensive Plans contemplated that this area would be an agricultural area or would remain an agricultural area. And, this is a very low intense use. Everything is done inside the building. This is not a major repair garage. This is a minor auto repair facility, basically changing oil, doing detailing work on vehicles and changing tires. What's facing Dam Neck Road is not a garage. There are no garages that face Dam Neck Road. We got a very, very attractive building that faces Dam Neck Road. Dorothy Wood: Eddie, I know you're putting landscaping in but is there anything you can do to make it better for Mr. Willis? I don't know maybe you could do something on his side of the street or something? Maybe you can talk to him before Council. Eddie Bourdon: We'll be more than happy to talk to Mr. Willis. Dorothy Wood: Before Council you all can talk. Eddie Bourdon: I'll be happy too. I don't know. Dorothy Wood: Something on his side of the street. Eddie Bourdon: He's got a very attractive home. I know the property. It's a very nice home. It is fairly close to the road. Obviously I was involved with this facility that was constructed behind it, the self -storage facility on the opposite side. I handled that application for Mr. Martin. I'll be more than happy to discuss it. I really don't know what can be done. The one thing that is most important is that he is going to be looking at what I think is an extremely attractive building across the street. You're not looking at garages. Item # 1 & 2 Reed Enterprises, Inc. Page 4 Dorothy Wood: If you would talk to him, I would appreciate it. Eddie Bourdon: I'll be happy too. Dorothy Wood: Are there any questions for Eddie? Are there any other speakers? Do I hear a discussion? Barry Knight: We went, by on the van trip and looked at this location. It is a wonderful looking garage. We're trying to make garages, gas stations, and fuel sales look as nice as possible. I do agree that this is one of the nicer ones in the City. We do have a six -lane road going through there, and they are going to put landscaping in. The front of the business is going to face Mr. Willis and it is going to look basically the same. Also, the land use area is limited in use because we're in the 75 decibel area. I think it is even an accident potential zone number 2 down at Oceana. So, they are very limited to what they could do with the property. I think it is probably a good extension of the business of the use. It is very attractive. If there is no more discussion, I'll make a motion to approve it. Dorothy Wood: Do I hear a second? Ronald Ripley: Second. Dorothy Wood: Is there any other discussion? I do hope that Mr. Bourdon and Mr. Willis can meet before Council. AYE 9 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE NAY 0 ABS 0 ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved the applications of Reed Enterprises, Inc. Dorothy Wood: Thank you. In Reply Refer To Our File No. DF-6021 TO: ems I' N Leslie L. Lilley William M. Macali P CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 20, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application — Reed Enterprises, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 22, 2005. I have reviewed the subject proffer agreement, dated November 29, 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 cc: Kathleen Hassen R REED ENTERPRISES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 29+h day of November, 2004, by and between REED ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.72 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and PREPARED BY: II SYKES, BOURDON, GPIN: 1495-14-5125 AHERN & LEVY. P.C. 1495-14-6222 1495-14-7020 1 PREPARED BY: ®SYKES. BOURDON. AHERN & LEVY. P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY PLAN FOR AUTOMOTIVE SERVICE FOR LOT 48 AND 49 & 50 S.W. CORNER HOLLAND AND DAM NECK ROADS FOR REED ENTERPRISES, INC.", prepared by Land Design and Development, Inc., dated 13, Nov. `04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "NEAL REED PROJECT - AUTO SERVICE CENTER, HOLLAND ROAD & DAM NECK ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2), dated 9-29-04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). N PREPARED BY: SYKES. BOURDON. AHERN & LEVY. P.C. 3. When the Property is developed, it shall be landscaped consistent with the detailed "LANDSCAPE PLAN FOR AUTOMOTIVE SERVICE FOR LOT 48 AND 49 & 50 S.W. CORNER HOLLAND AND DAM NECK ROADS FOR REED ENTERPRISES, INC.", prepared by Kathleen Zeren, dated 11/19/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). 4. The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (81 in height. 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the 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 91 PREPARED BY: =SYKES. BOURDON, ABERN & LEVY. P.C. Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: GRANTOR: REED ENTERPRISES, INC., a Virginia corporation By: / � (SEAL) 11,N69, toPresident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 30th day of November, 2004, by Neal Reed, President of Reed Enterprises, Inc., a Virginia corporation, Grantor. Y' Notary Public My Commission Expires: August 31, 2006 PREPARED BY: SYKES, BOURDON. ARERN & LEVY. P.C. EXHIBIT "A" PARCEL 1: All of that certain lot, piece or parcel of land together with the buildings and improvements thereon, lying, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 32, on a plat by J.E. Old, Surveyor, containing 3-14/ 100 acres, more or less, and of record in Map Book 6, at Page 81, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. LESS, SAVE AND EXCEPT, that portion of the lot containing 1.07 acres conveyed by Deed dated April 6, 1961, and recorded in the aforesaid Clerk's Office in Deed Book 676, at Page 326, a plat of which excepted property is recorded in Map Book 52, at Page 17. LESS, SAVE AND EXCEPT that portion of the lot conveyed to Maggie Irene Parker by Deed recorded in the aforesaid Clerk's Office in Deed Book 972, at Page 659. LESS, SAVE AND EXCEPT that portion of the lot conveyed to Herman Jackson Butts, by Deed recorded in the aforesaid Clerk's Office in Deed Book 862, at Page 680, and a plat of which is recorded in Map Book 62, at Page 33. LESS, SAVE AND EXCEPT that portion of the lot which was conveyed to the City of Virginia Beach, by Deed recorded in Deed Book 2621, at Page 1526 and shown in that certain plat recorded in Deed Book 2564, at Page 790. GPIN: 1495-14-5125 PARCEL 2: ALL THAT certain tract, piece or parcel of land, situate, lying and being in Seaboard Magisterial District of Princess Anne County, Virginia, being shown upon that certain plat entitled "PROPERTY OF JOSEPHINE HUNTER LOCATED NEAR LANDTOWN - PRINCESS ANN CO., VA" made by W.B. Gallup, Surveyors, on March 29, 1961; said tract, piece or parcel of land being designated on said plat "JOSEPHINE HUNTER TO LOUIS PARKER, SR. AND IRENE PARKER, 1.07 Ac. - Northern 1/3 of Tract No. 32". TOGETHER with all and singular the buildings and improvements thereon, the rights and privileges, tenements, hereditaments, easements and appurtenances unto the said land belonging or in anywise appertaining. PREPARED BY: GPIN: 1495-14-6222 SYKES. ROURDON. AHERN & LEVY. P.C. PARCEL 3: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel "A" shown upon that certain plat of land entitled "SUBDIVISION OF PROPERTY OF JOSEPHINE HUNTER" located near Landstown, Princess Anne Borough, Virginia Beach, Virginia, dated April 6, 1964 and made by W. B. Gallup, Surveyor, more particularly described as follows: BEGINNING at a point on the northern line of the southern one-third of Tract 132, which point is distant 248.24 feet East of Landstown Road and from said point of beginning running N. 32 degrees 22' E. a distance of 100 feet to a pin; from said pin running S. 57 degrees 38' E. a distance of 214.03 feet to a pin; from said pin running S. 28 degrees 03' W. a distance of 100.28 feet to a pin; from said pin running along the northern line of the southern one-third of Tract No. 32 N. 57 degrees 38' W. a distance of 221.57 feet to a pin which last mentioned pin is the point of beginning. GPIN: 1495-14-7020 CONDITIONALREZONE/ REEDENTERPRISES/PROFFER3 REV.11 / 29/ 04 PREPARED BY: MSYKES. ROURDON. AHERN & LEVY. P.C. 7 G�Na g£Ac CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AEG Properties, L.L.C. — Change of Zoning District Classification and Conditional Use Permit (bulk storage) MEETING DATE: February 22, 2005 ■ Background: (a) An Ordinance upon Application of AEG Properties, L.L.C. for a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts and R- 20 Residential District to Conditional 1-1 Light Industrial District on property located on the North side of London Bridge Road, approximately 1700 feet East of Harpers Road (GPINS 24053232110000 — part of; 24054236330000 — part of). The purpose of the zoning change is to develop office -warehouse units. The Comprehensive Plan designates this area as Strategic Growth Area 10, suitable for mid -rise office and light industrial uses consistent with the policies of the Comprehensive Plan. DISTRICT 7 — PRINCESS ANNE (b) An Ordinance upon Application of AEG Properties, L.L.C. for a Conditional Use Permit for bulk storage (boats and RV's) on property located on the North side of London Bridge Road, approximately 1700 feet East of Harpers Road (GPINS 24053232110000 — part of; 24054236330000 — part of). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The request is for a rezoning of 8.28 acres of R-20 Residential District property to Conditional 1-1 Light Industrial District in order to operate a mini -storage facility (7.05 acres) and a bulk storage yard (1.23 acres). The applicant is also requesting a Conditional Use Permit for the bulk storage yard, specifically for the storage of operable recreational vehicles, motorcycles, all terrain vehicles, watercraft, and motor vehicles. The Comprehensive Plan is clear that light industrial uses are appropriate within this portion of Strategic Growth Area #10 for several reasons: it supports the City's goal of expanding its non-residential tax base, the traffic impacts are minimized by improving the balance between residential and non-residential land uses in this area; and, these uses are typically compatible with the AICUZ district and operations at NAS Oceana. The mini -storage facility is viewed as a compatible neighbor with the adjacent, AEG Properties, L.L.C. Page 2 of 2 undeveloped R-20 property to the east. Due to the presence of this residential property to the east, screening and design, not just for the mini -storage but for the vacant parcel as well, become extremely important. The proffers provide a high level predictability in terms of architecture, screening, and restricted uses. Details such as the location of dumpsters and fence materials have all been itemized within the proffer agreement. Concerning the bulk storage yard, Staff concludes that this portion of the request cannot be adequately addressed through changes to the proposal or through additional proffers, and, therefore, recommends denial of this portion of the request for the Conditional Use Permit for a bulk storage yard. The close proximity of a bulk storage yard (particularly for the outdoor storage of vehicles, etc.) to a property currently zoned R-20 Residential District is inappropriate. While this property is currently undeveloped, staff is aware of plans to develop this site into single-family parcels as permitted by right under the R-20 Residential District. The storage of recreational vehicles, watercraft, etc., is typically appropriate in the 1-1 Light Industrial District, but not when immediately adjacent to property zoned, and likely to develop as, residential. Noise, dust, fumes, hours of operation, and lighting could all negatively impact the future property owners to the east. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve the requests as proffered. Between the Planning Commission hearing and the City Council meeting, the proffers were amended at the request of the Planning Commission to include a berm where the bulk storage yard is to adjoin the residential zoning. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval of the Change of Zoning and denial of the Conditional Use Permit. Planning Commission recommends approval of both the Change of Zoning and the Conditional Use Permit. Submitting Department/Agency: Planning Department City Manager: V_' AEG PROPERTIES, L.L.C. Agenda Items #13 & #14 January 12, 2005 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. Location a• General Informatio REQUEST: 13) Change of Zoning District Classification from R-20 Residential District to Conditional 1-1 Light Industrial District to operate a mini storage facility. LOCATION: GPIN: COUNCIL 14) Conditional Use Permit for bulk storage. Property located on the north side of London Bridge Road, east of Harpers Road. AEG Properties v °pt°caoo it i ��II o�z.. oes� �'. IIIIII Illp,. ,AG to ..... coning - —ge: -- nc.- i m �- Portion of 24053232110000; portion of 240542363300007 w � Y- ELECTION DISTRICT: 7 — PRINCESS ANNE SITE SIZE: 16.65 acres EXISTING LAND USE: Vacant, agricultural field SURROUNDING North: . Agricultural field / R-20 Residential District LAND USE AND South: . London Bridge Road, vacant open space, single ZONING: family and townhouse dwellings / R-20 Residential District, R-10 Residential District with a PD-1-112 overlay East: . Vacant, agricultural field / R-20 Residential District West: . Vacant, agricultural field / R-20 Residential District NATURAL RESOURCE AND CULTURAL This site is an active agricultural, cultivated field. There are no FEATURES: significant environmental features on the site. AICUZ: The site is in an AICUZ of 70-75dB Ldn surrounding NAS Oceana. The United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site. Although the property is zoned R-20 Residential District, this easement prohibits any residential development. Warehousing, storage yards, and wholesaling are all permitted activities. Correspondence from the Navy indicates that additional information will be required concerning the details of the facility to ensure compliance with the easement. w The request is for a rezoning of 8.28 acres of R-20 Residential District property to Conditional 1-1 Light Industrial District in order to operate a mini storage/warehouse facility (7.05 acres) and a bulk storage yard (1.23 acres). The applicant is also requesting a Conditional Use Permit for the bulk storage yard, specifically for the storage of operable recreational vehicles, motorcycles, all terrain vehicles, watercraft, and motor vehicles. "a^�%a�'ft��z'SshYbYfS Lr�^n•�'.:ti �`io�i��L:ii:F''g Major Isles 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 surrounding zoning and land uses. , Comprehensive PI n The Comprehensive Plan identifies this area as within Strategic Growth Area #10 -The South Oceana Area. This area is a large hour glass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. The Plan calls for attractive building design and materials particularly for projects along key arterials and close to the Southeastern Parkway and encourages limited access to Dam Neck and London Bridge Roads for light industrial uses. Page 83 of the Comprehensive Plan states that "These land uses support the City's goal of achieving proportional growth of its non-residential tax base." The Plan notes that these uses are appropriate and compatible with military operations at NAS Oceana. Agenda ;Pale a3 a.. Proffers` s 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, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN OF AEG LONDON BRIDGE PROPERTY, London Bridge Road, Virginia Beach, Virginia," dated 11/11/04, 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 (hereinafter "Concept Plan"). PROFFER # 2 The area of this parcel depicted as "Storage Yard" on the Concept Plan shall only be utilized for the storage of registered/operable recreational vehicles (RV), watercraft, trailers, all terrain vehicles (ATV), motorcycles and motor vehicles. PROFFER # 3 When the Property is developed, the exterior of the buildings depicted on the Concept Plan shall be substantially similar in architectural features, building materials and appearance to the elevations shown on the exhibit entitled, PROPOSED BUILDING ELEVATION AAAA SELF STORAGE LONDON BRIDGE ROAD," dated 11/11/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Mini -Storage Elevations"). PROFFER # 4 When the property is developed, all freestanding signs shall be no greater than eight (8) feet in height and shc, AE Agenda I be substantially similar in architectural design, appearance, and building materials as depicted on the exhibit entitled, "MONUMENT SIGN ELEVATION, AAAA SELF STORAGE," dated 11/11/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Sign Elevation"). PROFFER # 5 When the parcel designated as 1.23 AC. — Outparcel" on the Concept Plan is developed, any buildings shall be substantially similar in architecture and quality building materials to the "Office" as depicted on the Mini -Storage Elevations. Elevations for a proposed building shall be submitted to the approved by the Director of the Virginia Beach Department of Planning prior to the issuance of a building permit. PROFFER # 6 When the Property is developed, the parcels shall be subject to the following mandatory site development guidelines: (a) A fifty (50) foot landscaped setback from London Bridge Road shall be maintained and no improvements, other than freestanding signs, shall be constructed within the landscape setback. (b) A minimum of twenty-five (25) foot landscaped, side yard setback on the southeast side of the Property shall be maintained with Category II Landscape Screening. (c) A minimum thirty foot (30) landscaped, rear yard setback on the northeast side of the Property shall be maintained and landscaped as specified on the Concept Plan. (d) No building shall exceed thirty-five (35) feet in height. (e) Any dumpster or other outdoor trash receptacles on the 1.23 Ac. Outparcel shall be located within fifty (50) feet of both the northern (rear) property line and the western (side) property line. Any dumpster shall be screened by a solid walled and gated enclosure with landscape screening. PROFFER # 7 The following land uses shall not be permitted on the Property unless approved by subsequent Modification of these Proffered Covenants, Restrictions and Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance: a. Airports, heliports and helistops; b. Bingo halls; c. Borrow pits; d. Car wash facilities; e. Childcare and childcare education centers; f. Eating and drinking establishments; g. Firewood preparation facilities; h. Hotels and motels; i. Mobile home sales; j. Personal watercraft rentals; k. Public schools, colleges and universities and private schools, colleges and universities; I. Public utility transformer stations and major transmission lines and towers; m. Radio or television transmission, cellular telephone antenna and relay stations; n. Satellite wagering facility; o. Vocational, technical, industrial and trade schools. Staff Evaluation of Other than the proffer that addresses the storage yard, Proffers: which staff is recommending denial, the proffers generally are acceptable. The proffers offer a high level of predictability for the site layout and the buildings' designs and materials. Of particular importance is that the future buildings) on the 1.23 acre Outparcel must be designed with the same quality of materials and architecture as the proffered mini -storage office elevations. The building design and materials are of high quality and reflect a residential style. The use of brick, false roofs and windows, and the limit of height contribute to the quality of the design of the project. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated November 26, 2004, and found it to be legally sufficient and in acceptable legal form. AE Agenda I Staff Eva uatlon Staff's evaluation of the rezoning request reveals the majority of the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above; however, as elaborated on below, there is concern that the Conditional Use Permit for the bulk storage is not appropriate adjacent to a residential development. The proposal's strengths in addressing the `Major Issues' are as follows: (1) The Comprehensive Plan is clear that light industrial uses are appropriate within this portion of the Strategic Growth Area #10 for several reasons: it supports the City's goal of expanding its non-residential tax base, the traffic impacts are minimized by improving the balance between residential and non-residential land uses in this area; and, these uses are typically compatible with the AICUZ district and military operations at NAS Oceana. (2) The mini -storage facility is viewed as a compatible neighbor with the adjacent, undeveloped R-20 property to the east. Due to the presence of this residential property to the east, screening and design, not just for the mini -storage but for the vacant parcel as well, become extremely important. The proffers provide a high level predictability in terms of architecture, screening, and restricted uses. Details such as the location of dumpsters and fence materials have all been itemized within the proffer agreement. Concerning the bulk storage yard, Staff concludes that this portion of the request cannot be adequately addressed through changes to the proposal or through additional proffers, and, therefore, recommends denial of this portion of the request for the Conditional Use Permit for a bulk storage yard. The close proximity of a bulk storage yard (particularly for the outdoor storage of vehicles, etc.) to a property currently zoned R-20 Residential District is inappropriate. While this property is currently undeveloped, Staff is aware of plans to develop this site into single-family parcels as permitted by right under the R-20 Residential District. The storage of RVs, watercraft, etc., is typically appropriate in the 1-1 Light Industrial District, but not when immediately adjacent to property zoned, and likely to develop as, residential. While the applicant has increased the setback and landscaping, the storage yard could affect the value of those lots immediately adjacent to the yard. This use is viewed as an incompatible, doing nothing towards protecting the character and future stability of the imminent housing development. Noise, dust, fumes, hours of operation, and lighting could all negatively impact the future property owners to the east. 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. Supplemental I n orm tion Zoning History Conditional Zoning Change: from AG-1 to 1-1 # I DATE IREQUEST I ACTION 1 Change of Zoning (AG- Agricultural District to R-10 Granted Residential District with a PD-H2 Overlay) 2 Street Closure Granted 3 Conditional Use Permit (Horse race track) Granted Public Agency Comments Public Works Master Transportation Plan (MTP): London Bridge Road is a four (4) lane divided suburban arterial. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use London Bridge 20,186 28,200 —140 ADT Road ADT ADT' Proposed Land Use — 320 ADT 'Average Daily Trips z as defined by 8.28 acres of R-20 zoned property 3as defined by 148,000 sf of mini storage Public Utilities Water: There is a 16 inch water main and a 12 inch water stub in London Bridge Road fronting the site. This site must connect to City water. Sewer: There is no gravity sanitary sewer in the vicinity of the site. Health Department approval will be required for septic systems. Private grinder pumps and force mains may be an option. Pump station analysis for potential receiving um station 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. Fire and Rescue: All applicable building and fire codes must be incorporated into the plans. The storage units may not be used for other purposes than for storage of goods. Exhibit B Proposed Site Plan Exhibit C Proposed Sign and Fence , +t4-t;XTW f" 4NRaE+'r�hi -- m —kJ -1 77. IY .. 4l"s • P m10 mr f ,, Exhibit D Proposed Building Elevation Exhibit E Disclosure Statement on M Item # 13 & 14 AEG Properties, L.L.C. Change of Zoning District Classification Conditional Use Permit North side of London Bridge Road District 7 Princess Anne January 12, 2005 REGULAR Joseph Strange: The next items are Items #13 & 14, AEG Properties, L.L.C. An Ordinance upon Application of AEG Properties, L.L.C. for a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts and R-20 Residential District to Conditional I-1 Light Industrial District on property located on the north side of London Bridge Road, approximately 1,700 feet east of Harpers Road and an Ordinance upon Application of AEG Properties, L.L.C. for a Conditional Use Permit for bulk storage (boats and RV's) on property located on the north side of London Bridge Road, approximately 1,700 feet east of Harpers Road, District 7, Princess Anne. It has seven proffers. Eddie Bourdon: Thank you Mr. Secretary. Madame Chair, again, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicants and the principals of the applicants are here with us this afternoon. I would also note there are no members of the community signed up to speak on this matter. My clients have spent excessive time with the community association for Castleton across the street from the property. The application as you know involves a very attractive self -storage facility along with an out parcel where it is hoped we will have a veterinary clinic or some other permitted use under both the limited I-1 zoning that we requested and under the limitations imposed on this property by the easements that have been acquired on the property by the Department of the Navy. This is a piece of property, a small portion of a larger number of tracks of land where the Navy did the appropriate thing many years ago and came in and acquired the development rights by paying the property owners for those development rights. This property is zoned and has been for decades R-20 Residential but will not be and can't be developed R-20 Residential. I would note however, that the property directly adjacent to the east, this is the subject property, the property here is and while also zoned R-20 Residential, the Navy did not acquire the development rights over this piece of property. This piece of property will be developed residentially. There is a plan under review for that development. The developers of the property are well aware of this application and have no objection to this application. Also it is note worthy that that Southeastern Parkway and Greenbelt will traverse this property a little bit further to the east. The property you see here and all the property that you see to the west is all property that is encumbered by those AICUZ easements acquired by the Navy decades ago. This proposal, as staff has recommended approval of everything except for one aspect. I'm just going to focus on that for the moment. That is the bulk storage portion of the application, which we have restricted in the proffers themselves that this was not going to Item #13 & 14 AEG Properties, L.L.C. Page 2 be a bulk storage or contract storage yard or anything of that sort. We have specifically limited the storage that can take place based on the proffers to recreational vehicles, watercraft on trailers, trailers for boats, ATV's, motorcycles or other motor vehicles. There, is in this area close to Oceana, a demand for temporary storage of motor vehicles, people who are deployed defending the country. Often times, there is a need for them to store their cars. They will be leasing property while deployed and want to leave their cars here until they come back. More importantly, we have restrictions in our zoning ordinance nowhere people can store and how they can store boats on trailers, RV's. We have a lot of smaller lots where it is impossible to store those types of vehicles in back of the home. You're basically looking for and there is a significant demand for storage for boats on trailers and for recreational vehicles. So that is what we're proposing in the back of the facility. Along our eastern boundary with the area that will develop residentially we have a 25-foot buffer here along, again landscaped, very attractive buildings, which you see and no one has any problems with it. This area here we had a 30- foot buffer with even heavier landscaping, evergreen and dciduous mixed, as well as an 8-foot privacy fence. There will be a total of four half acre lots, portions of which, the rear of which will abut this area here. So we provided behind those lots a 30-foot buffer, heavily landscaped with an 8-foot privacy fence. My clients are perfectly willing to include a berm on the backside, three feet in height with the 8-foot privacy fence on top of that berm. The landscaping would remain on the outside that is the back of the residential lots. The developers of the property are aware of this application. They also are in a position to ensure that purchasers are aware that this will probably be before the houses are there, and to include buffering on their side as well. We're quite willing to include a berm. We want to have the berm closest to the storage area so that the landscaping would have enough room, 20 feet or more of landscaping outside of the berm with the privacy fence on top of that. But again, this is a need that exists. There is just no two ways about it. We own the farm that is just to the west of here. We had people come and ask us on a regular basis if they can put their boat in one of our barns. But the reality this is something that the people in these neighborhoods with smaller lots need and it's a demand that is out there that our zoning ordinance helps create so that we can have attractive neighborhoods where people don't have their boats parked out in front of their homes. Dorothy Wood: Thank you for your cooperation on the berm. That really added. Eddie Bourdon: What we can do is that we can modify the plan to show the berm before it gets to City Council. Dorothy Wood: Thank you very much. Eddie Bourdon: We'll be happy to do that. Dorothy Wood: Will you answer any questions please? Eddie Bourdon: I'll be happy too. Item #13 & 14 AEG Properties, L.L.C. Page 3 Dorothy Wood: Mr. Din? William Din: Mr. Bourdon, how large of an area is it where you intend to store the RV's? Eddie Bourdon: I want to answer that question in a different way. I didn't ask it that way but I heard through the conversation this morning. The maximum amount of vehicles that we could store in the area is 57. I think that was the intent. I can try to find out the square footage of the area. It's just an open area but 57 RV's and boats are the maximum we can put in that area, if that answers your question. William Din: It is my understanding also the fence is 8 feet on top of the berm. Is that what you're saying? Eddie Bourdon: Yes sir. That is what is proposing to do here where we adjoin residential. This area can't be developed to the west. Eventually it will be another form of acceptable use under the AICUZ easements, which are office warehouse, warehouse and light industrial type of uses under those easements. William Din: Thank you. Eddie Bourdon: You're quite welcome. Dorothy Wood: Are there any other questions? Barry. Barry Knight: I don't have a question for Mr. Bourdon. This is another case where the government has bought the air rights of this land and is very limited in use. I think that is one of the other concerns we did have was the berm and he has included the berm, and the property on the immediate east. We are well aware that they don't have any objections. I would like to make a motion that we approve this item. Dorothy Wood: Do I hear a second? Donald Horsley: I'll second it. Dorothy Wood: A second by Mr. Horsley. Robert Miller: Madame Chair. Dorothy Wood: Mr. Miller. Robert Miller: I need to abstain from this item. My firm is working on this project. Bill Macali: Madame Chair, that motion would be subject to the addition of the proffer for the berm. Is that correct? Item #13 & 14 AEG Properties, L.L.C. Page 4 Dorothy Wood: I think that is what Mr. Knight said. By the time they get to City Council. Bill Macali: Yes ma'am. Dorothy Wood: Thank you so much. Thank you Mr. Bourdon. AYE 8 NAY 0 ABS I ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 8-0, with one abstention, the application of AEG Properties, L.L.C. has been approved by the Board. Dorothy Wood: Thank you very much. gys CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Atlantic Enterprises, Inc. — Street Closure MEETING DATE: February 22, 2005 ■ Background: An Ordinance upon Application of Atlantic Enterprises, Inc. for the discontinuance, closure and abandonment of a portion of 29'h Street, beginning on the east side of Pacific Avenue and running 136.5 feet in an easterly direction. DISTRICT 6 — BEACH ■ Considerations: The applicant is requesting closure of 136.5 feet of a 20 foot wide alleyway that runs between Pacific Avenue and Atlantic Avenue. The applicant owns the property on the north side of the alley, where a parking lot is located. The applicant intends to purchase the property on the south side of the alley adjacent to the closure. The applicant intends to combine the properties on the north and south sides and to ultimately construct a six story mixed -use structure, including conference facilities, timeshare units, a parking deck and street level retail stores. The closure will facilitate redevelopment of the property into the type of use that is encouraged and envisioned for the Oceanfront Area in the Comprehensive Plan. This street closure will not result in a public inconvenience. The area of right-of- way proposed for closure is not used to serve any properties other than the applicants' property and there are no future plans for this right-of-way. Staff recommends approval of this request. The Planning Commission placed this item on the consent agenda because it will enable the adjacent property owner to consolidate parcels for development. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: Atlantic Enterprises, Inc. Page 2 of 3 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. There is an existing public six-inch sanitary sewer line within the area proposed for closure. This line does not serve any customers. Public Utilities (at their expense) shall relocate this line of necessary and provide a new sanitary sewer lateral at the intersection of Pacific Avenue and 291/2 Street to serve the proposed Atlantic Enterprises development. If it is determined that the line should remain in place to serve the new development, a satisfactory easement for the line must be dedicated to the City of Virginia Beach. Atlantic Enterprises shall pay applicable sanitary sewer connection fees. 4. A right-of-way dedication for traffic control equipment, satisfactory to the Department of Public Works, at the northwest corner of the property shall be provided on the final street closure plat. 5. The applicant is required to verify that no private utilities exist within the right- of-way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities for Virginia Natural Gas within the right- of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Atlantic Enterprises, Inc. Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City Manager: Q 7 �- tz-t ATLANTIC ENTERPRISES w4. y Agenda Item # 19 ww, January 12, 2005 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. d Location and General Information REQUEST: LOCATION: COUNCIL ELECTION DISTRICT: SIZE: Discontinuance, closure and abandonment of a portion of 29 '/2 Street. 29 Y2 Street, beginning on the east side of Pacific Avenue and running 136.5 feet in an easterly direction. 6 - BEACH 2730 square feet ATLANTIC ENTERPRISES Agenda Item # 19 Page 1 SURROUNDING North: • Parking lot/ RT-2 Resort Tourist District LAND USE AND South: • Hotel / RT-2 Resort Tourist District ZONING: East: • Hotel / RT-1 Resort Tourist District West: . Bank / RT-3 Resort Tourist District NATURAL RESOURCE AND CULTURAL FEATURES: The alleyway is improved with pavement and utilities. AICUZ: The site is in an AICUZ of 65-70dB Ldn surrounding NAS Oceana. .. YF Summary Of rOpOsa �. The applicant is requesting closure of 136.5 feet of a 20 foot wide alleyway that runs between Pacific Avenue and Atlantic Avenue. The applicant owns the property on the north side of the alley, where a parking lot is located. The applicant intends to purchase the property on the south side of the alley adjacent to the closure. The applicant intends to combine the properties on the north and south sides and to ultimately construct a six story mixed -use structure, including conference facilities, timeshare units, a parking deck and street level retail stores. 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 recommendations for the area. • Determination that there is no inconvenience to the general public associated with the abandonment of this right-of-way. ATLANTIC ENTER Agenda It 1419 age 2 Comprehensive Plan The Comprehensive Plan designates this area of the City as the Resort Area. This area is generally bound by 42"d Street, the Atlantic Ocean, Rudee Inlet and Birdneck Road. The "Oceanfront Resort Area Concept Plan" and the "Creating An Old Beach District Center Plan" contain information and planning guidance with regard to creating an attractive, wholesome, family resort destination; establishing complementary resort activity centers; and, the need to ensure excellence and a quality image in all resort area development. Generally, this area is planned for resort uses including lodging, retail, entertainment, recreation, cultural, and other uses. Staff Eva ivatllon '„_li Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) The closure will facilitate redevelopment of the property into the type of use that is encouraged and envisioned for the Oceanfront Area in the Comprehensive Plan. (2) This street closure will not result in a public inconvenience. The area of right-of- way proposed for closure is not used to serve any properties other than the applicants' property and there are no future plans for this right-of-way. Staff, therefore, recommends approval of this request. ATLANTIC ENTERPRISES Agenda Item # 1.9 Page 3 Conditions The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. There is an existing public six-inch sanitary sewer line within the area proposed for closure. Relocation of this line shall be at the applicant's expense. If it is determined during further review by the Department of Public Utilities that the line must remain, a satisfactory easement for the line must be dedicated to the City of Virginia Beach on the final street closure plat. 4. A right-of-way dedication for traffic control equipment, satisfactory to the Department of Public Works, at the northwest corner of the property shall be provided on the final street closure plat. 5. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities for Virginia Natural Gas within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. ATLANTIC ENTER ES 19 Supplemental Information'" Zoning History Street Closure # I DATE REQUEST I ACTION 1 05/27/01 Conditional Use Permit for Commercial Parking Lot GRANTED 05/28/02 Conditional Use Permit for Commercial Parking Lot GRANTED Public Agency Comments Public Works There are no public drainage structures in the area proposed for closure. ATLANTIC ENTERPRISES Agenda Item # 19 Page 5 Public Utilities Water: There are no public water lines in the area proposed for closure. Sewer: There is a six inch sanitary sewer line in the area proposed for closure. Private Utility Comments Virginia Natural Gas has facilities within the area proposed for closure. ATLANTIC ENTERPRISES Agenda Item # 19 Page 6 QwMy -XI" 1: Ar Exhibits Exhibit A Aerial of Site Location ATLANTIC ENTERPRISES Agenda Item # 1.9 Page 7 I 30th STREET (601 R /W) (M.B. 4 PT. 2 P. 266) 20' 7 50' PROPERTY OF ATLANTIC ENTERPRISES, INC. A VA. CORPORATION D.B. 4157 P. 1887' GPIN: 2428-01-661 B 10 9 8 7 2730 S.F. OF ALLEY TO BE CLOSED 1 20' ALLEY PROPERTY OF MADHU SAMTANI & SAPNA SAMTANI D.B. 4195 P. 262 GPIN: 2428-01-5548 AND GPIN: 2428-01-6690 136,50' -0 4 3 2 BLOCK 71 29th STREET (6 01 R /W) Exhibit 8 Survey of Area to be Closed Is Exhibit C Disclosure Statement J Q .u. Sr' U O tl "J � } _ `� l a Y u K. � � s I i � }�'� �3 '7� � y � � b ya ✓' : is 3 Ce!'' O W. mail � Q C o 'C tl_ 43 1N U � � i Q Hisl L~3 � QY `N 614311011 8 Q ei^l. (u Q is S/:- jj3} �J3 L� 91 C s Q N ijY ri7 � L ® W Q L' fj C = ;� :fi 41 — M r'% �" eb G '.0 Q to b5 0: V mom ^�.w c.�a cz c�zs a� oil5510 1 � � til F � .CJ .� a7 ... ,� an. ZO "` i a l31 � N 2 1 4 J ��t 1 � j�� 1 J a J C t) S O U O119 ;�w LVi ✓+rn'c 1MA1E u G a'J N 63 t� � Q J -„��, HISnl G+.7 V flH Q, S 3$ 4A. � � I : C �1 C h " all g! ,y iA U g) ro w m � U as c Q? �1c�� 88:1 c =d� ',Q7 Eu � US I ti N 4f Q ,� � s f 1 M h �"' J Q• �: � ,5`� � � t�L` p� � pp 6 rt r 1 "Mum ATLANTIC ENTERPRISES Agenda Item # 19 Page 9 Item #19 Atlantic Enterprises, Inc. Discontinuance, closure and abandonment of a portion of 29!/2Street, beginning on the east side of Pacific Avenue District 6 Beach January 12, 2005 CONSENT William Din: Our last item on consent is Item #19, Atlantic Enterprises, Inc. This is also a discontinuance, closure and abandonment of a portion of 29% Street beginning on the east side of Pacific Avenue and running 136 feet in an easterly direction in the Beach District. There are six conditions associated with this item. Jeff Maynard: Thank you Mr. Vice Chairman. Ms. Wood and members of the Planning Commission, my name is Jeff Maynard, attorney for the applicant. We've reviewed and accept the conditions as proposed. Thanks. William Din: Thank you Mr. Maynard. Is there any objection to placing this item on consent? If not, Ms. Anderson would please comment on this also? Janice Anderson: Thank you. The application is proposing to close a 20-foot alleyway near the Oceanfront. The applicant owns one side of the property and is going to purchase on the other side of the street. Therefore, the closure would not affect anybody but his property that he owns. Actually, the future owner at the end of the block could access their property from the open part of the alley. He is just closing his portion between the property that he is going to purchase, and actually his plan is to consolidate these portions, both parcels across the street and the alley, and to build a multi -story mixed use facility. There are some utilities located in this 20 foot alleyway and the conditions are that the applicant, at his expense will either relocate those facilities or there can be an easement for the existing utilities for their continued use. With those conditions, we recommend approval. William Din: Thank you Ms. Anderson. I'd like to make a motion to approve following consent item that was placed on the consent agenda, Item #19, Atlantic Enterprises, Inc., a discontinuance, closure and abandonment of a portion of 29'h Street in the Beach District with six conditions. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. AYE 9 NAY 0 ABS 0 ASSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE Item # 19 Atlantic Enterprises, Inc. Page 2 HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-0, Item #19 has been approved for consent. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L►A 28 29 30 31 32 33 34 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF 29 '/z STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT PLAT SHOWING PORTION OF 20' ALLEY TO BE CLOSED, BLOCK 71, VIRGINIA BEACH DEVELOPMENT COMPANY, MAP NO. 3, M.B.4, PT. 2, P. 266, VIRGINIA BEACH, VIRGINIA" WHEREAS, Atlantic Enterprises applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: GPIN: 2428-01-6618, 2428-01-5548 AND 2428-01-6690 1 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "2,730 S.F. OF ALLEY TO BE CLOSED" shown as the cross- hatched area on that certain plat entitled: "EXHIBIT PLAT SHOWING PORTION OF 20' ALLEY TO BE CLOSED, BLOCK 71, VIRGINIA BEACH DEVELOPMENT COMPANY, MAP NO. 3, M.B.4, PT.2, P.266, VIRGINIA BEACH, VIRGINIA" Scale: I"= 40', dated August 17, 2004, prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. There is an existing public six-inch sanitary sewer line within the area proposed for closure. This line does not serve any customers. Public Utilities (at their expense) shall relocate this line if necessary and provide a new sanitary sewer lateral at the intersection of Pacific Ave. and 29 t/2 to serve the proposed Atlantic Enterprises development. If it is determined that the line should remain in place to serve the new development, a satisfactory easement for the 2 63 line must be dedicated to the City of Virginia Beach. Atlantic Enterprises shall pay applicable 64 sanitary sewer connection fees. 65 4. A right-of-way dedication for traffic control equipment, satisfactory to the 66 Department of Public Works, at the northwest corner of the property shall be provided on the 67 final street closure plat. 68 5. The applicant shall verify that no private utilities exist within the right-of-way 69 proposed for closure. Preliminary comments from the utility companies indicate that there are 70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 71 applicant shall provide easements satisfactory to the utility companies. 72 6. Closure of the right-of-way shall be contingent upon compliance with the 73 above stated conditions within one year of approval by City Council. If all conditions noted 74 above are not in compliance and the final plat is not approved within one year of the City 75 Council vote to close the street, this approval will be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before February 21, 8o 2006, this Ordinance will be deemed null and void without further action by the City Council. 81 2. If all conditions are met on or before February 21, 2006, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 85 may be requested to convey such interest, provided said documents are approved by the City 86 Attorney's Office. 87 3 87 SECTION IV 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH as "Grantor" and ATLANTIC ENTERPRISES, INC. as "Grantee." 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 92 of .2005. 93 94 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE -FOURTHS OF 95 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 96 97 CA-9255 98 January 26, 2005 99 II.\OI D\REAL ESTATE\Street Closme\Atlantic Enteiprises. ca9255. ORD. doc 100 101 APPR VED AS TO CONTENT: 102 103 Q/ �-/7-OS" 104 Plann' g Department 105 106 107 APPROVED AS TO LEGAL 108 SUFFICIENCY: 109 110 111 City Attorney 112 4 N N a 0 DO m 30th STREET (60' R/W) (M.B. 4 PT. 2 P. 266) 20' 38' 1 50' 50' PROPERTY OF ATLANTIC ENTERPRISES, INC. A VA. CORPORATION Exhibit A D.B. 4157 P. 1887 GPIN: 2428-01-6618 cn I� 10 9 8 7 0 N 0 2730 S.F. OF ALLEY TO BE CLOSED 20' ALLEY I PROPERTY OF I MADHU SAMTANI & SAPNA SAMTANI D.B. 4195 P. 262 GPIN:2428-01-5548 AND GPIN:2428-01-6690 136.50' 0 u� ai U lL 5 4 3 2 U Q o � o BLOCK 71 29th STREET (60' R/W) AL'Y"FB 0j;� (M.B. 4 PT. 2 P. 266) Fes: r w. c u EXHIBIT Con. PLAT SHOWING PORTION OF 20' ALLEY TO BE CLOSED BLOCK 71 VIRGINIA BEACH DEVELOPMENT COMPANY MAP NO. 3 M.B. 4 PT. 2 P. 266: VIRGINIA BEACH, VIRGINIA SCALE: 1"=40' AUGUST 17, 2004 GALLUP RVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VVIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 Vr33- 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The Taylor Group & Bourdons — Street Closure MEETING DATE: February 22, 2005 ■ Background: An Ordinance upon Application of The Taylor Group, L.L.L.P., Betty B. Bourdon, Paul S. Bourdon and R. Edward Bourdon, Jr. for the discontinuance, closure and abandonment of a portion of Old London Bridge Road, located east of Harpers Road and extending in a southeasterly direction approximately 3500 feet to the northern right-of-way line of London Bridge Road. DISTRICT 7 — PRINCESS ANNE ■ Considerations: In November of 2003, this portion of Old London Bridge Road was approved for closure by the City Council. The final plat was not recorded prior to the expiration of the terms of the approval. On September 14, 1993, City Council approved a request to close this same portion of Old London Bridge Road in conjunction with the Churchill Downs' application for a horse race track on this property. As Churchill Downs did not receive a license from the Commonwealth of Virginia to operate the track, the street closure was not completed. The owners of the property, who were also the owners of the property at the time of the 1993 request, now desire to proceed with the closure of the right-of-way. The continued use of the parcel for uses other than residential is in conformance with the Comprehensive Plan. The applicants' representative has indicated that it is the intent of the owner of the easternmost parcel, parcel C, to develop the site by right under the existing zoning of R-20 Residential District. This approximately 49 acre site is currently undeveloped and not encumbered by restrictive easements of the United States Navy as is the case with a majority of the property on either the north or south side of Old London Bridge Road. With regard to the western portion of Old London Bridge Road within the restrictive easement, the applicant's representative has stated that it is the intent of the property owners to continue use of the property consistent with the agricultural uses ongoing to date. There is a proposal under review, concurrent with this request, to rezone a portion of this property to 1-1 Light Industrial for a self storage facility and a Conditional Use Permit for bulk storage. The Viewer's Committee and staff recommend approval of this request. The Taylor Group, L.L.L.P., Betty B. Bourdon, Paul S. Bourdon & R. Edward Bourdon, Jr. Page 2 of 2 The Planning Commission placed this item on the consent agenda because the closure would not result in public inconvenience and development of adjacent properties could occur in a uniform manner. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve this request with the following conditions: The City Attorney Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right- of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentIRA City Manager: K'%8/16;k2L HE TAYLOR GROUP & BOURDONS Agenda Item # 12 January 12, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: Street Closure LOCATION: Portion of Old London Bridge Road, approximately 170 feet east of Harpers Road COUNCIL ELECTION DISTRICT: 6 - BEACH Location and General Information JRN!i a.wsN.c TAYLOR GROUP AND BOURDONS Agenda Item # 12 Page 1 SIZE: 145,977 square feet SURROUNDING North: Cultivated fields / R-20 Residential District LAND USE AND South: Cultivated fields, London Bridge Road / R-20 ZONING: Residential District East: Cultivated fields / R-20 Residential District West: Cultivated fields, Harpers Road / R-20 Residential District NATURAL The property currently exists as a cultivated agricultural field. This RESOURCE site is void of any trees or any other significant environmental AND features. The portion of Old London Bridge Road requested for CULTURAL closure is currently a paper street. FEATURES: AICUZ: The site is in an AICUZ of 70-75dB Ldn surrounding NAS Oceana. The United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site. Although the property is zoned R-20 Residential District, this easement prohibits any residential development. Warehousing, storage yards, and wholesaling are all permitted activities. Correspondence from the Navy indicates that additional information will be required concerning the details of the facility to ensure compliance with the easement. In November of 2003, this portion of Old London Bridge Road was approved for closure by the City Council. The final plat was not recorded prior to the expiration of the terms of the approval. On September 14, 1993, City Council approved a request to close this same portion of Old London Bridge Road in conjunction with the Churchill Downs' application for a horse race track on this property. As Churchill Downs did not receive a license from the Commonwealth of Virginia to operate the track, the street closure was not completed. The owners of the property, who were also the owners of the property at the time of the 1993 request, now desire to proceed with the closure of the right-of- way. TAYLOR GROUP AND BOURDONS Agenda Item # 12 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. Current and/or future need for the right-of-way. • Consistency of any proposed development for the property with the Comprehensive Plan. MUM �. N Comprehensive a The Comprehensive Plan identifies this area as within Strategic Growth Area #10 -The South Oceana Area. This area is a large hour glass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. The Plan calls for attractive building design and materials particularly for projects along key arterials and close to the Southeastern Parkway and encourages Limited access to Dam Neck and London Bridge Roads for light industrial uses. Page 83 of the Comprehensive Plan states that "These land uses support the City's goal of achieving proportional growth of its non-residential tax base." The Plan notes that these uses are appropriate and compatible with military operations at NAS Oceana. Staff recommends approval of this request. x F� Staff Evaluation TAYLOR GROUP AND BOURDONS Agenda- Item # 12 Page 3 Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' above. The proposal's strengths in addressing the `Major Issues' are (1) The City has no future need for this right-of-way. This portion of the right-of-way has been approved for closure by City Council on three other occasions but due to unique situations, the final plat had never been recorded. (2) The continued use of the parcel for uses other than residential is in conformance with the Comprehensive Plan. The applicant's representative has indicated that it is the intent of the owner of the easternmost parcel, parcel C, to develop the site by right under the existing zoning of R-20 Residential District. This approximately 49 acre site is currently undeveloped and not encumbered by restrictive easements of the United States Navy as is the case with a majority of the property on either the north or south side of Old London Bridge Road. With regard to the western portion of Old London Bridge Road within the restrictive easement, the applicant's representative has stated that it is the intent of the property owners to continue use of the property consistent with the agricultural uses ongoing to date. There is a proposal under review, concurrent with this request, to rezone a portion of this property to 1-1 Light Industrial for a self storage facility and a Conditional Use Permit for bulk storage. The Viewer's Committee and staff recommend approval of this request subject to the conditions below. Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for TAYLOR GROUP A closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. TAYLOR GROUP AND BOURDONS Agenda- Item:# 12 Page 5 r° • • r Zoning History The Taylor Gro%opturdon. r 7n Claude B. Brown, Betty B. Street Closure # I DATE IREQUEST I ACTION 1 3-26-03 Modification of Land Use Plan Granted 1-14-85 Change of Zoning (R-3 Residential District to R-5 Granted Residential District) 1-14-85 Change of Zoning (R-5 Residential District to PD-1-12) Granted 2 9-14-93 Street Closure Granted 3 9-14-93 Conditional Use Permit (horse race track) Granted TAYLOR GROUP AND BOURDONS Agenda Item # 12 Page 6 Public Agency Comments Public Facilities and Services There are no public water, sewer or storm drainage pipes in the area proposed for closure. Private Utilities Hampton Roads Sanitation District has indicated that no facilities are located in the vicinity of this request. Dominion Virginia Power and Virginia Natural Gas are currently reviewing this request to determine if any private utilities exist within the area proposed for closure. TAYLOR GROUP AND BOURDONS Agenda Item # 12 Page 7 Av R7 ffi' a� AAIFA + J�JTJ 9' A► S.t!! AC r- -�„'� " ,0" I9 tMIOMW MAX LT AL M AMM s jzw.• ar �AxcN oMXri v ix p►M) ANrro. Exhibit B - 1 Survey of Area to be Closed �_ J Vz4Mwr,-zK1M - a Iwj0! ,Sim i WM1U-#jAWZ!'k7ss;1M OP ...1� -1 * um k � MATCHUNE SEE SHEET 2 OF 2 No, x* PLAT SHOWING 25s8 PROPOSED CLOSURE °��°� OF A PORTION OF ���Vp SUR��o� OLD LONDON BRIDGE ROAD tii n," AP' U/Av TAYLOR GROUP AND BOURDONS Agenda Item # 1-2 Page 9 V Em lip W. PLAT SHDMN;G PROPOWD CLOSME L y i4� ORTION OF t aR BRIDOE ROAD TAYLOR GROUP A Exhibit B - 2 Survey of Area to be Closed WW f♦ DISCLOSURE STATEMENT Exhibit C Disclosure Statement APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) C..i.nrla 'C. Chappell, General Partner & Limited Partner - arVirl'�t��ncx & Li�ntttad Partner T _... 1.3-rr >ir a ,rrci _, C+tic C, c Mana ,e.inent_ lnc., 1 -por.at::ion J f nda 1'. C;happe11, C'res'i.tle�nt _........_......-........._........_..._..____.._................. _. ._---.............. ......_.. Geuera.l Pttt•tnv.r ..... ___._.. _. _ _. ...... _ Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization_ CERTIFICATION: I certify that the information contained herein is true and accurate_ I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. T1-je Taylor Group, LLI..P Signature Property Owner's Signature (if different than applicant) :.1hs]9;as._:t!,. Sru. _�lttornev :f. Print Name Applicant Print Name Street Closure Application Page: 13 of 13 Revised 711/200.3 TAYLOR GROUP AND BOURDONS Agenda Item # 12 Page 11 ;ZD v) O a (OW) ISCLOSURE STATEMENT1 APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) i If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ___._......... ........ _.._..___..._...__....___.___ �.. ® Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing accordinq_.lo the instructions in this package. Applicant ' Signature , L ?*AAA 5 3a oua.QtZ, f�3Yo,vn, �-j Pro erty Owner's Signature (if different than applicant) p Print Name Print Name of 4'W"- 7 treet Closure Application Page 13 of 13 Revised 7/112003 TAYLOR GROUP AND BOURDONS Agenda Item # 12 Page 12 Item #12 The Taylor Group, L.L.L.P., Claude B. Brown Betty B. Bourdon & R. Edward Bourdon, Jr. Discontinuance, closure and abandonment of a portion of Old London Bridge Road District 6 Beach January 12, 2005 CONSENT William Din: Our next item is Item #12, The Taylor Group, L.L.L.P., Claude B. Brown, Betty B. Bourdon, and R. Edward Bourdon, Jr. This is an application for a discontinuance, closure and abandonment of a portion of Old London Bridge Road, located east of Harpers Road and extending in a southeasterly direction approximately 3,500 feet to the northern right-of-way line of London Bridge Road in the Beach District with four conditions. Eddie Bourdon: Madame Chair, before you Eddie Bourdon for the record on this application. I can tell you that the approved plat is sitting over in DSC and the City has the consideration for their right-of-way. The plat didn't get down by a couple of days so we're going back through the process. Thank you. William Din: Thank you. Is there any objection to placing this item on the consent agenda? If not, Jan would you please comment. Janice Anderson: Yes. This application is to close the paper street. The City has no further use for this. It will not be a detriment to any of the citizens for the closure of this street. Actually by the closure of this street this land can be developed in a more uniform manner and we recommend approval. William Din: Thank you Jan. I'd like to make a motion to approve following consent item that was placed on the consent agenda, Item #12, The Taylor Group, L.L.L.P., Claude B. Brown, Betty B. Bourdon, and R. Edward Bourdon, Jr. for a discontinuance, closure and abandonment of a portion of Old London Bridge Road in the Beach District with four conditions. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. Robert Miller: Madame Chair, I need to abstain from Item #12. My firm is working on the project. Dorothy Wood: Thank you sir. AYE 8 NAY 0 ABS 1 ABSENT 2 Item #12 The Taylor Group, L.L.P., Claude B. Brown Betty B. Bourdon & R. Edward Bourdon, Jr. Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORLSEY AYE KATSIAS KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABS ABSENT ABSENT Ed Weeden: By a vote of 8-0 with the abstention so noted, Item #12 has been approved for consent. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS OLD LONDON BRIDGE ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT- OF-WAY (MB 156, PG 22)(MB XX, PGXX) MAY 23, 2003, VIRGINIA BEACH, VIRGINIA" WHEREAS, the Taylor Group, L.L.L.P., Claude P. Brown, Betty B. Bourdon, Paul S. Bourdon and R. Edward Bourdon, Jr. (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it was the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions being met on or before November 24, 2004; and WHEREAS, all conditions were not met by November 24, 2004 and the street closure ordinance (Ordinance number ORD-2789I) was unable to be recorded and the approval was considered null and void; and WHEREAS, the Applicants, the Taylor Group, L.L.L.P., Betty B. Bourdon, Paul S. Bourdon and R. Edward Bourdon, Jr. (the said Claude P. Brown died January 11, 2004 and GPIN: 2405-51-3413, 2405-32-3211, 2405-42-5570 and 2405-33-4348 1 31 devised his interest to Paul S. Bourdon and R. Edward Bourdon, Jr.) still desirous of closing the 32 street, reapplied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 33 described street discontinued, closed, and vacated; and 34 WHEREAS, it is the judgment of the Council that said street be discontinued, 35 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 36 City Council's adoption of this Ordinance; 37 38 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 39 Beach, Virginia: 40 41 SECTION I 42 43 That the hereinafter described street be discontinued, closed and vacated, subject 44 to certain conditions being met on or before one (1) year from City Council's adoption of this 45 ordinance: 46 All that certain piece or parcel of land situate, lying and being in 47 the City of Virginia Beach, Virginia, designated and described as 48 "PORTION OF OLD LONDON BRIDGE ROAD TO BE 49 CLOSED, AREA = 145,977 SF OR 3.351 AC." shown as the 50 cross -hatched area on that certain plat entitled: "PLAT 51 SHOWING PROPOSED CLOSURE OF A PORTION OF OLD 52 LONDON BRIDGE ROAD RIGHT-OF-WAY (MB 156, PG 53 22)(MB XX, PG XX) MAY 23, 2003, VIRGINIA BEACH, 54 VIRGINIA" Scale: 1" = 100', dated 05/23/03, prepared by MSA, 55 P.C., a copy of which is attached hereto as Exhibit A. 56 57 58 SECTION II 59 60 The following conditions must be met on or before one (1) year from City 61 Council's adoption of this ordinance: 62 1. The City Attorney's Office will make the final determination regarding 63 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 2 64 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 65 Closures," approved by City Council. Copies of said policy are available in the Planning 66 Department. 67 2. The applicant shall resubdivide the property and vacate internal lot lines to 68 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 69 and approved for recordation prior to final street closure approval. 70 3. The applicant shall verify that no private utilities exist within the right-of-way 71 proposed for closure. Preliminary comments from the utility companies indicate that there are 72 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 73 applicant shall provide easements satisfactory to the utility companies. 74 4. Closure of the right-of-way shall be contingent upon compliance with the 75 above stated conditions within one year of approval by City Council. If all conditions noted 76 above are not in compliance and the final plat is not approved within one year of the City 77 Council vote to close the street, this approval will be considered null and void. 78 79 SECTION III 80 81 1. If the preceding conditions are not fulfilled on or before February 7, 2006, 82 this Ordinance will be deemed null and void without further action by the City Council. 83 2. If all conditions are met on or before February 7, 2006, the date of final 84 closure is the date the street closure ordinance is recorded by the City Attorney. 85 3. In the event the City of Virginia Beach has any interest in the underlying 86 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 87 may be requested to convey such interest, provided said documents are approved by the City 88 Attorney's Office. 3 89 SECTION IV 90 A certified copy of this. Ordinance shall be filed in the Clerk's Office of the 91 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH as "Grantor" and THE TAYLOR GROUP, L.L.L.P., BETTY B. 93 BOURDON, PAUL S. BOURDON and R. EDWARD BOURDON, JR. as "Grantee." 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 95 of 2005. 96 97 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE -FOURTHS OF 98 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 99 100 101 CA-9464 102 Date: January 20, 2005 103 H \OlD\REAL ESTATE\Street Closure\Taylor Group, LLLp.ca9464.0RD.doc 104 105 APPROVED AS TO CONTENT: 106 '14, 107 4/1 y 108 1 ing Department 109 110 111 APPROVED AS TO LEGAL 112 SUFFICIENCY: 113 114 115 `_/ Citj 'Attq(rney 116 4 MR M Ar aa= AAlrA - 144077 VY M IXf AC FIESGf/41 ar PAAM 4IM mr Una? ~ lP ., rpyTHOPG 4� ICHAEL k LING No. a 2598 PLAT SHOWING c95/24/05 PROPOSED CLOSURE 1�4AI' SUR����� OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT — OF — WAY (MB.156, PG 22)(MB XX, PG XX) MAY 23, 2003 VIRGINIA BEACH, VIRGINIA ■■.-ors■■ ■■�� vi ■■■ : •\ I'' ( ■■.-mr-i■■ ■■111V ■■■ milmill V # Z, Nos I+ f qJm ■■■�'\�\■ ■■■11 ��J■ - ■mill"\�\■, ■■■11 ��J■ ■■/:.1■■■ ■■I �.1■■■ PHONE (757) 490-9264 • FAX (757) 490-0634 JOB# 00028 1 DATE: 05/23/03 1 SCALE: 1"=100' I DWN BY:MAS SHEET 1 OF 2 mar Lxaam AAFA - atsm Sr a .[M AV MF TAn4f LieCla4 LP PAM= 4V LN WLt INVWVCr ESTA)X Er Al M 7. ;!MR ©EP_L7EIl1 IE=>FII_E7tri7ST�iI" F'L7 r��TfilE�lt'fiL�FT��'Y�R'3:SYlii 0 rT ]�ET"ITM t!I7STSi/.7 ?F177 wV7jM(F_ ry1--? I pFt-"A F,-r;7YXVa M M W'I?i' �1�?17S7i� ®C�7 EjE�l E �F�ST� /!'rFrR3S'7 ®tz" 012DIMmLrfrF+Si1!TIrRZi 7 PARCEL Rae Alva Liflx.P. LP PwI .v-u MATCHLINE SEE SHEET 2 OF 2 PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD RIGHT — OF — WAY (MB:156, PG 22)(MB XX, PG XX) MAY 23, 2003 VIRGINIA BEACH, VIRGINIA OF UICHAEL A. MIK No. 2598 Q- SUOo moo I Iri MENcape ■■n► ■■n w It, I'J■ Landsson ■■N n TA •o■ ■■D it, I %J■ Surveying - Engineering ■■�c���■ ■■■■2.u011 Environmental Sciences ■■N■■■■ .■■C; ■G! PHONE (757) 490-9264 • PAX (757) 490-0634 ' JOB# 00028 1 DATE: 05/23/03 1 SCALE: 1 "=100' I DWN BY: MAS I SHEET-2 OF 2 1