Loading...
HomeMy WebLinkAboutSEPTEMBER 13, 2005 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large NICE MAYOR LOUIS R. ✓ONES, Bayside - District 4 HARRYE. DIEZEL, Kempsville -District 2 ROBERT M DYER, Centerville - District I REBA S MCCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES 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 13 SEPTEMBER 2005 CITY HALL BUILDING 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Clycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 3:00PA t A. COMMUNITY LEGISLATIVE AGENDA (Draft) Robert Matthias, Assistant to the City Manager II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:30PAVI A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION A. B. C. D. E. F. G. H. I. CALL TO ORDER — Mayor Meyera E. Oberndorf INVOCATION: James Christopher, Pastor Bayside Christian Church - Council Chamber - 6:00 P.M. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS September 6, 2005 AGENDA FOR FORMAL SESSION CONSENT AGENDA ORDINANCES/RESOLUTIONS l . Ordinance to AMEND § 5-71 of the City Code re the disposition of impounded animals for adoption. 2. Ordinance to AUTHORIZE the City Manager to exercise the option to purchase approximately 6.1 acres from The Seasons at Birdneck Point, L.L.C. for $15,000,000 of which fifty percent (50%) shall be paid by the Commonwealth of Virginia. (DISTRICT 5 — LYNNHAVEN) 3. Ordinances re Town Center: a. AUTHORIZE the transfer of a portion of Block 6 to the Virginia Beach Development Authority re the new Performing Arts Theatre and other future development. b. AUTHORIZE a Development Arrangement between the Virginia Beach Development Authority and Town Center Associates, L.L.C. re Phase III mixed -use commercial development in the Central Business District; and, AUTHORIZE the sale of airspace over the City's right-of-way for Columbus Street. 4. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with Access Partnership of Hampton Roads and TRANSFER $10,000 from Reserve for Contingencies to the Regional Participation FY 2005-06 Operating Budget to fund the MOU. 5. Ordinance to ESTABLISH the National Incident Management System (NIMS) re standards for incident management re federal preparedness assistance. 6. Ordinance to AUTHORIZE the City Manager to execute a First Amendment Lease Agreement between Stumpy Lake Golf Course, Incorporated, for the release of approximately 4.2 acres re returning the land to the City for Stumpy Lake natural area improvements re birding trails. 7. ACCEPT and APPROPRIATE $897,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team. 8. Ordinances to AUTHORIZE temporary encroachments: a. a portion of City property by ELDON L. and GLADYS T. GRIGGS at 908 Brasileno Court to construct and maintain a bulkhead. (DISTRICT 7 — PRINCESS ANNE) b. a portion of City property by PATRICK J. and LISA M. HENEGHAN at 912 Brasileno Court to construct and maintain a bulkhead. (DISTRICT 7 — PRINCESS ANNE) 9. Resolution to AUTHORIZE the issuance and sale of $97-Million Water and Sewer System Revenue and Refunding Bonds, Series 2500, re financing the cost of improvements to the water and sanitary sewer facilities and refunding certain bonds " issued under the Master Water and Sewer Bond Resolution. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for WALTON G. and JANE M. BRUMLEY at 6472 Knotts Island Road. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPOVAL 2. Application of TY BROWN for the expansion of a Nonconforming Use at 412 261` Street to replace an existing nonconforming cottage. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL K. L. 3. Application of TIDEWATER IMPORTS, INC. t/a HALL NISSAN VIRGINIA BEACH for a Conditional Use Permit re a communications tower on the north side of I-264, the east side of Pine Street and the west side of Poplar Street. (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL 4. Application of JAMES A. CASPER fora Conditional Use Permit re a contractor's storage yard at 1297 Baker Road. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 5. Application of NEW LIGHT BAPTIST CHURCH for a Conditional Use Permit re a church addition (Family Life Center) on the south side of Indian River Road, east of Church Street. (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 6. Application of MUNDEN LAND, LLC for a Change of Zoningg District Classification from AG-1 and AG-2 Agricultural District to Conditional PD-112 Planned Unit Development re single-family residences at Princess Anne and Sandbridge Roads. (DISTRICT 7 — PRINCESS ANNE) DEFERRED: RECOMMENDATION: August 23, 2005 APPROVAL 7. Ordinance to AMEND Section 904 of the City Zoning Ordinance (CZO) re maximum height restrictions for uses and structures in the B-3A Pembroke Central Business Core District. RECOMMENDATION: APPROVAL APPOINTMENTS EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA PARKS and RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) UNFINISHED BUSINESS NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120 Agenda 09/13/2005/gw www.vbgov.com Ste, `1A rotr*"�.' csh7 x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 5-71 of the City Code Pertaining to Disposition of Impounded Animals MEETING DATE: September 13, 2005 ■ Background: The Virginia Code provides that every new owner of a dog or cat adopted from a releasing agency shall cause the animal to be sterilized by a licensed veterinarian within thirty (30) days of the adoption if the animal is sexually mature at that time or, if it is not sexually mature at the time it is adopted, within thirty (30) days after the animal reaches six months of age. The City Code currently provides for animals adopted from the Bureau of Animal Control to be spayed or neutered by the bureau prior to adoption. This provision was accomplished through a cooperative agreement with the Virginia Beach SPCA to provide veterinarian services, the costs of which were paid by the adopting owner. The service agreement with the SPCA was recently terminated. Since that agreement was terminated, the City Code should be revised to comply with the provisions of the State Code, which allows a thirty (30) day period for the owner to have the animal sterilized. ■ Considerations: This amendment incorporates the provisions of Virginia Code § 3.1-796.126:1, which allows an animal adopted from the Animal Control Bureau to be spayed or neutered within thirty (30) days of the adoption if the animal is sexually mature at that time or, if it is not sexually mature at the time it is adopted, within thirty (30) days after the animal reaches six months of age. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. ■ Recommendations: Adoption ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Poli City Manage . L� 0�'� 1 AN ORDINANCE TO AMEND SECTION 5-71 OF THE CITY 2 CODE, PERTAINING TO THE DISPOSITION OF 3 IMPOUNDED ANIMALS 4 5 Section Amended: City Code Section 5-71 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 That Section 5-71 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 5-71. Same --Disposition of •• .,.,.a...,•....a impounded animals. 13 If a dog or cat impounded under this article is not 14 claimed by its owner within five (5) days, it shall be disposed of 15 in accordance with the provisions of section 3.1-796.96 of the Code 16 of Virginia. In the event any person proposes to adopt such dog or 17 cat, pursuant to such section, he shall pay a fee of twenty-five 18 dollars ($25.00) for dogs; twenty dollars ($20.00) for cats; and 19 fifteen dollars ($15.00) for all other animals to cover the cost of 20 transfer, seizure and veterinary care for the animal. The person 21 desiring to adopt the animal shall sign an adoption contract 22 agreeing to abide by the rules and regulations of the bureau of 23 animal control. Any unaltered animal must be spayed or neutered -by 24 25 fifty del 1 ar ($5 9.99) fee t e--oev e r the —oe s t o f the r r •� -- -'' == = 26 within thirty (30) days of the adoption, if the animal is sexually 27 mature, or within thirty (30) days after the animal reaches six (6) 28 months of aae if the animal is not sexuallv mature at the time of 29 adoption. Such person shall obtain a proper license for the animal 30 pursuant to Article III of this chapter within ten (10) days of 31 such adoption. 32 33 34 35 36 37 38 39 40 41 42 d"/lA 4 M TTATT This amendment incorporates the provisions of Virginia § 3.1-796.126:1, which allows an animal adopted from the Animal Control Bureau to be spayed or neutered up to 30 days after adoption if it is sexually mature at the time of adoption, or within 30 days after it reaches the age of six months if it is not sexually mature at the time of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of Approved As to Content: Poli Department 2005. Approved As To Legal Sufficiency: &&W- NNmtl City Attorneys Office CA9726 H:\PA\GG\OrdRes\Proposed\5-71 SPCA Animal Control Ord R-3 September 7, 2005 1 - A B�C'�L „�x H 1a-i J ���.-.rvY�•F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Of Virginia Beach to exercise its Option under an Agreement for the acquisition from the Seasons at Birdneck Point, L.L.C. of property located in the Lynnhaven District of Virginia Beach and appropriating and transferring funds for such purchase MEETING DATE: September 13, 2005 Background: On August 17, 2005, the City of Virginia Beach (the "City") entered into a $15,000,000 Option Agreement with the Seasons at Birdneck Point, L.L.C. (the "Seller") to purchase certain property located in the Lynnhaven District of Virginia Beach comprised of 6.1 acres. Considerations: The City has executed the Option Agreement and the Option expires on September 26, 2005. The Commonwealth of Virginia, on behalf of the City, has spent $250,000 in option fees to date, which will be applied to the $15,000,000 purchase price. The Commonwealth of Virginia will pay 50% of the purchase price. Public Information: Public information will be handled through the normal Council Agenda notification process. Alternatives: Should the City not exercise the option to purchase, the City will lose its right to purchase the property and the property may be developed by the Seller. Recommendations: Exercise the option to purchase the property from the Seller for $15,000,000 and appropriate and transfer the funds for such purchase. Attachments: Ordinance Recommended Action: Approval of Ordinance City Manager: IC F:\Data\ATY\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\NearPost\Agenda Request Form.doc 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXERCISE THE OPTION TO 3 PURCHASE PROPERTY LOCATED IN THE 4 LYNNHAVEN DISTRICT OF VIRGINIA BEACH 5 FROM THE SEASONS AT BIRDNECK POINT, 6 L.L.C. AND APPROPRIATING AND 7 TRANSFERRING FUNDS FOR SUCH PURCHASE 8 9 WHEREAS, The Seasons at Birdneck Point, L.L.C. ("Seasons") is owner of 10 approximately 6.1 acres of real property (the "Property") located in the Lynnhaven District of 11 Virginia Beach, Virginia (the "City"); 12 WHEREAS, the City has entered into an option agreement (the "Option 13 Agreement") dated August 17, 2005, for the purchase of the Property from Seasons; 14 WHEREAS, the Commonwealth of Virginia, on behalf of the City, has expended 15 $250,000 for the option fee, which applies to the $15,000,000 purchase price should the City 16 choose to exercise the option under the Option Agreement; 17 WHEREAS, the Commonwealth of Virginia has agreed to pay 50 % of the purchase 18 price for the Property under the Option Agreement; and 19 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 20 public necessity exists for the acquisition of the Property for public purposes for the preservation 21 of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in 22 the City of Virginia Beach. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, 25 1. That the City Manager or his designee is authorized to exercise the option 26 on the approximately 6.1 acres of real property (the "Property") owned by The Seasons at 27 Birdneck Point, L.L.C. and to purchase the Property for a purchase price of $15,000,000, 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 56 $250,000 of which has previously been paid, and 50% of which shall be paid by the Commonwealth of Virginia, on the terms contained in the Option Agreement. 2. That the City Manager or his designee is authorized to execute all documents that may be necessary and appropriate in connection with such purchase so long as such documents are acceptable to the City Manager and the City Attorney. 3. That the FY 2005-06 Capital Budget is hereby amended as follows: (a) That $2,300,000 is hereby appropriated from the Fund Balance of the General Fund to Capital Project # 3-368 Various Site Acquisitions, with revenue from Fund Balance of the General Fund increased accordingly. (b) That $200,000 is hereby transferred from Capital Project # 9-076 Economic Development Initiatives to Capital Project #3-368 Various Site Acquisitions. (c) That $5,000,000 currently available in Capital Project #3-368 Various Site Acquisitions, in addition to the amounts set forth in 3 (a) and (b), is hereby authorized as the funding source for acquiring the Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of September, 2005. CA-9697 September 13, 2005 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: F:\Data\ATY\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\NearPost\Option Exercise Ordinance.doc 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE APPROVING AND AUTHORIZING (A) THE TRANSFER TO THE VIRGINIA BEACH DEVELOPMENT AUTHORITY PROPERTY LOCATED WITHIN BLOCK 6 OF THE TOWN CENTER OF VIRGINIA BEACH AND (B) OTHER NECESSARY ACTIONS FOR DEVELOPMENT OF THE PERFORMING ARTS THEATER THEREON MEETING DATE: September 13, 2005 ■ Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Council adopted the Central Business District — South Tax Increment Financing District with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. The City Council approved a Development Agreement for Phase I of the project at its February 8, 2000 meeting. On December 11, 2001, the City Council endorsed the Town Center as the site for the new performing arts theatre (the "Theater Project"). Since this time, the City Council has continued its on -going support of the Project. Phase I of the Project, comprised of a 272,000 square foot office tower, 109,000 square feet of commercial space, a 176-room hotel, an 18,000 square foot bank headquarters building, a 1,284-car public parking garage, and public streets, sidewalks and utilities, has been completed. ■ On June 3, 2003, the City Council approved the Phase II Development Agreement containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer") with respect to Phase II of the Project. One of the blocks associated with the second phase of the Project, the Galyan's Sports and Outdoor Adventure Store, opened in April of 2004 with an adjoining 574 space public parking facility, and 18,000 square feet of retail space. Other development includes a 10-story 341-unit luxury apartment complex with an 858- space public parking facility, a public plaza and 194,000 square feet of office/retail/entertainment space. Phase II of the Project is complete with the exception of the Cosmopolitan apartment complex, which is anticipated to be complete in November of 2005. ■ Considerations: The City entered into an agreement with Clancy & Theys under the Public Private Education Facilities and Infrastructure Act of 2002 for the design and construction of the Theater Project. ■ Block 6 of the Project provides the necessary land for the Theater Project. ■ A portion of Block 6 (the "Authority Parcel") is currently owned by the Authority. The other portion of Block 6 (the "City Parcel") (formerly the Galiotos property) is owned by the City (City Council authorized the purchase on August 12, 2003). ■ The Developer has released its option to purchase the Authority Parcel pursuant to the Phase II Development Agreement. ■ In order to facilitate the development of the Theater Project, the Authority will need to own all of Block 6 and then subdivide Block 6 into the necessary parcels for development of the Theater Project and other development consistent with the Project. ■ Public Information: Public Information for this item will be handled through the normal Council agenda process. ■ Alternatives: Block 6 at Town Center has been identified as the optimal location for the Theater Project. If the necessary property transfers are not authorized, development of the Theater Project and other development of Block 6 cannot occur. ■ Recommendations: Approve the Ordinance authorizing the transfer of the City Parcel to the Authority and authorizing other necessary actions for development of the Theater Project and other development on Block 6. ■ Attachments: Resolution Recommended Action: Approval of attached Ordinance Submitting Department/Agency: Department of Economic Development e, City Manage' anage . V- W,-°L F.\Data\ATY\OID\REAL ESTATE\C ml Projects\Town Center\Block 6 Transfer ARE DOC 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 AN ORDINANCE APPROVING AND AUTHORIZING (A) THE TRANSFER TO THE VIRGINIA BEACH DEVELOPMENT AUTHORITY PROPERTY LOCATED WITHIN BLOCK 6 OF THE TOWN CENTER OF VIRGINIA BEACH AND (B) OTHER NECESSARY ACTIONS FOR DEVELOPMENT OF THE PERFORMING ARTS THEATER THEREON WHEREAS, Town Center Associates, L.L.C. (the "Developer") and the Virginia Beach Development Authority (the "Authority") are developing a Central Business District Project known as "the Town Center of Virginia Beach" (the "Project"), a mixed -use commercial development utilizing the structure of an economic development park in the B-3A Pembroke Center Business Core District, an area of the City of Virginia Beach which is zoned to optimize development potential for a mixed -use, pedestrian -oriented, urban activity center with mid to high- rise structures that contain numerous types of uses, including business, retail, residential, educational, and other public and private uses; WHEREAS, the Authority and the Developer have entered into a Phase II Development Agreement of the Town Center of Virginia Beach, dated as of June 17, 2003, as amended (the "Phase II Development Agreement") for the development of the Project; WHEREAS, the City of Virginia Beach City Council endorsed the Project as the site for the new performing arts theater (the "Theater Project") on December 11, 2001; WHEREAS, the City solicited bids for the design and construction of the Theater Project under the Public Private Education Facilities and Infrastructure Act of 2002 (the "PPEA") and entered into an agreement under the PPEA with Clancy & Theys for the design and construction of the Theater Project; 28 WHEREAS, Block 6 of the Project provides the necessary land for the proposed 29 Theater Project; 30 WHEREAS, a portion of Block 6 (the "City Parcel") was previously purchased by the 31 City of Virginia Beach (the "City") from the Galiotos family, as authorized by City Council on 32 August 12, 2003, and the balance of Block 6 (the "Authority Parcel") is currently owned by the 33 Authority, all as shown Exhibit A attached hereto; 34 WHEREAS, the Developer has released its option to purchase the Authority Parcel 35 pursuant to the Phase II Development Agreement; 36 WHEREAS, the City rezoned the City Parcel to B-3A, as authorized by the City 37 Council on May 10, 2005; 38 WHEREAS, the City of Virginia Beach supports the Authority's financial 39 obligations for the Project pursuant to support agreements between the City and the Authority; and 40 WHEREAS, in order to facilitate the development of Block 6 for the Theater Project 41 and other purposes, the City Council desires to (1) transfer the City Parcel to the Authority and 42 cause the Authority to own all of Block 6, (2) request approval by the Authority of such transfer of 43 the City Parcel, (3) direct the Authority to divide the Block 6 property into the necessary parcels 44 for development of the Theater Project and other future development consistent with the Project, 45 and (4) direct the Authority to transfer the parcel created for development of the Theater Project 46 (the "Theater Parcel") to the City and accept such conveyance. 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 4 8 VIRGINIA BEACH, VIRGINIA, 2 49 TRANSFER OF CITY PARCEL TO AUTHORITY 50 1. The City Council, subject to acceptance by the Virginia Beach 51 Development Authority (the "Authority"), authorizes the transfer to the Authority of the portion 52 of Block 6 (the "City Parcel") previously purchased by the City of Virginia Beach (the "City") 53 from the Galiotos family. 54 2. The City Manager and the City Attorney, on behalf of the City, are 55 authorized to proceed with the development of the documents necessary and appropriate to 56 complete such transfer. 57 3. The City Manager or his designee is authorized to execute on behalf of 58 the City the documents to complete such transfer, so long as such documents are acceptable to the 59 City Manager and the City Attorney. 60 4. The City Council requests and recommends that the Authority adopt a 61 Resolution accepting the transfer of the City Parcel to the Authority. 62 DEVELOPMENT OF BLOCK 6 63 5. The City Council requests and recommends that the Authority authorize 64 the resubdivision of the Block 6 property into the necessary parcels for development of the new 65 performing arts theater (the "Theater Project") and other future development consistent with the 66 Town Center Project and substantially similar to the Concept Drawing attached as Exhibit B. 67 TRANSFER OF THEATER PARCEL TO CITY 68 6. The City Council requests and recommends that the Authority adopt a 69 Resolution authorizing the transfer of the parcel subsequently created for development of the 70 Theater Project (the "Theater Parcel") to the City. 3 71 7. The City Manager and the City Attorney, on behalf of the City, are 72 authorized to proceed with the development of the documents necessary and appropriate to 73 complete such transfer, including the acceptance of the transfer of the Theater Parcel. 74 8. The City Manager or his designee is authorized to execute on behalf of 75 the City the documents to complete such transfer, so long as such documents are acceptable to the 76 City Manager and the City Attorney. 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the 78 day of , 2005. 79 8 o CA-9694 81 September 6, 2005 82 83 84 85 A ROVED AS TO CONTENT: 86 87 88 Finance Department 89 90 91 92 93 AP VED AS TO LEGAL SUFFICIENCY: 94 95 u,Q 96 ttorney 97 98 99 100 F:\Data\ATY\OID\REAL ESTATE\Commercial Projects\Town Center\Block 6 - Theater Parcel\Property Transfer Ord.doc 0 ----------------------� INDEPENDENCE BOULEVARD 250' xj 3 w n w O 14 o r_^ v J � n 125' Ccn n m � ul rn O � m 725' o 0 v ul 25 MARKET STREET (formerly Garrett Dr.) � o, w L----------------------------------------------- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ORDINANCE APPROVING DOCUMENTS FOR PHASE III OF THE TOWN CENTER PROJECT, RECOMMENDING APPROVAL AND EXECUTION BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY OF THE PHASE III DOCUMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SUPPORTING THE AUTHORITY OBLIGATIONS UNDER THE PHASE III DOCUMENTS AND AUTHORIZING THE SALE OF AIRSPACE OVER THE CITY'S RIGHT-OF-WAY FOR COLUMBUS STREET AT THE TOWN CENTER PROJECT MEETING DATE: September 13, 2005 ■ Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Council adopted the Central Business District — South Tax Increment Financing District with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phase I of the Project, comprised of a 272,000 square foot office tower, 109,000 square feet of commercial space, a 176-room hotel, an 18,000 square foot bank headquarters building, a 1,284-car public parking garage, and public streets, sidewalks and utilities, has been completed. ■ On June 3, 2003, the City Council approved the Phase II Development Agreement containing the rights and obligations of the Authority and the Developer with respect to Phase I I of the Project. One of the blocks associated with the second phase of the Project, the Galyan's Sports and Outdoor Adventure Store, opened in April of 2004 with an adjoining 574-space public parking facility, and 18,000 square feet of retail space. Other development includes a 10-story 341-unit luxury apartment complex with an 858-space public parking facility, a public plaza and 194,000 square feet of office/retail/entertainment space. Phase II of the Project is complete with the exception of the Cosmopolitan apartment complex, which is anticipated to be complete in November of 2005. ■ On October 12, 2004, the City Council approved acquisition of a Portion of Block 6 of Town Center for the Performing Arts Center, and authorized award of the Design & Construction contract under the PPEA for the Theater to Clancy & Theys. ■ On January 4, 2005, the City Council approved a non -binding term sheet outlining the proposed Phase III development. ■ Considerations: Phase III of Town Center will be a multi -block, multi -facility mixed -use development consisting of the following elements: Block 6 will have approximately 40,000 square feet of retail/office adjacent to the Performing Arts Center. Block 7 will comprise an approximately 38-story high-rise, including approximately 40,000 square feet of retail space and lobby for the Hotel, 25,000 square feet of meeting and pre -function space, 240-room full service Westin Hotel, 119 luxury residential condominiums, and 957-space public parking garage. The uses as described are preliminary as design is still in the early stages. Block 9 will contain an approximate 75,000 to 100,000 square foot building of multi -use space. ■ Public Information: Public Information for this item will be handled through the normal Council agenda process. ■ Alternatives: The Phase III Documents reflect the City's on -going commitment to the long-term priority of developing a Town Center for the City. There are certainly other alternatives to development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the area or provide the level of quality proposed. ■ Recommendations: Approve the Documents relating to Phase III of the Town Center (Central Business District), request approval and execution by the Virginia Beach Development Authority, authorize the City Manager to execute a Phase III Support Agreement and authorize the sale of airspace over Columbus Street. ■ Attachments: Ordinance Recommended Action: Approval of attached Ordinance ' Submitting Department/Agency: Economic Development M�, t City Manager. 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 APPROVING DOCUMENTS FOR PHASE III OF THE TOWN CENTER PROJECT, RECOMMENDING APPROVAL AND EXECUTION BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY OF THE PHASE III DOCUMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SUPPORTING THE AUTHORITY OBLIGATIONS UNDER THE PHASE III DOCUMENTS AND AUTHORIZING THE SALE OF AIRSPACE OVER THE CITY'S RIGHT-OF-WAY FOR COLUMBUS STREET AT THE TOWN CENTER PROJECT WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have engaged in extensive negotiations with representatives of Armada/Hoffler Development Company, L.L.C., and its affiliates, regarding the continued development of a Central Business District Project known as "The Town Center of Virginia Beach" (the "Project"); WHEREAS, the Project is a development arrangement between the Authority and Town Center Associates, L.L.C. (the "Developer"), for a mixed -use commercial development utilizing the structure of an economic development park in the B-3A Pembroke Central Business Core District, an area of the City that is zoned to optimize development potential for a mixed -use, pedestrian -oriented, urban activity center with mid -to -high-rise structures that contain numerous types of uses, including business, retail, residential, cultural, educational and other public and private uses; WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99- 2567B establishing the Central Business District -South Tax Increment Financing Fund (the "TIF Fund"); WHEREAS, Phase I of the Project has been substantially completed and Phase II of the Project is under construction, with several blocks of Phase II substantially completed; 31 WHEREAS, the Developer has worked with the City Manager and City staff and has 32 proposed a comprehensive development plan for Phase III of the Project; 33 WHEREAS, by Resolution RES-03102 adopted January 4, 2005, the City Council 34 approved a non -binding term sheet dated December 7, 2004 (the "Phase III Term Sheet"), which 35 outlined (a) minor modifications to Phase II of the Project, (b) a comprehensive development plan 36 for Phase III of the Project and (c) the proposed responsibilities of the City, the Authority and the 37 Developer with respect to Phase III of the Project; 38 WHEREAS, as recommended by such Resolution, the Authority approved the Phase 39 III Term Sheet pursuant to its Resolution adopted January 20, 2005; 40 WHEREAS, the City Manager and City Attorney, on behalf of the City and the 41 Authority, have pursued the development of a Phase III Development Agreement and other related 42 Phase III documents (collectively, the "Phase III Documents") in substantial conformity with the 43 terms outlined in the Phase III Term Sheet; 44 WHEREAS, included as one of the Phase III Documents is a support agreement 45 between the City and the Authority (the "Phase III Support Agreement") pursuant to which the 46 obligations of the Authority contained in the Phase III Documents are supported by the City, (a) with 47 the traditional public infrastructure costs of the Project to be funded, in part, through the City's CIP 48 and, in part, through the Authority's Economic Development Investment Program monies and (b) 49 with the other obligations of the Authority structured to be paid, subject to annual appropriation, by 50 the available revenue from the TIF Fund, from the revenue generated by the special tax district and 51 by an additional mechanism for the Developer to pay certain projected shortfalls in the TIF Fund; 52 WHEREAS, included as part of the obligations of the Authority under the Phase III 53 Documents is the obligation to fund construction of and acquire an elevated pedestrian walkway 2 54 between Block 7 and Block 12 of the Project over a portion of the property and right-of-way known 5 5 as Columbus Street and owned by the City; 56 WHEREAS, Section 15.2-2030 of the Code of Virginia (1950), as amended, 57 expressly authorizes the City Council to sell airspace over any public street, lane, alley or other 58 public right-of-way; 59 WHEREAS, the City Council is of the opinion that it is appropriate and not contrary 60 to the rights and interests of the City of Virginia Beach in Columbus Street to sell the requested 61 airspace over Columbus Street to the Authority to accommodate the elevated pedestrian walkway 62 between Block 7 and Block 12 of the Project; 63 WHEREAS, the City Council finds that Phase III of the Project will stimulate the 64 City's economy, increase public revenues, enhance public amenities and further the City's 65 development objectives for the Central Business District and provide necessary components to 66 further the goals contained in the City's Guidelines for Evaluation of Investment Partnerships for 67 Economic Development; and 68 WHEREAS, the City Council hereby approves the Phase III Documents and desires 69 that the Authority approve and execute the Phase III Documents. 70 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 71 VIRGINIA BEACH, VIRGINIA; 72 1. The City Council approves the Phase III Development Agreement, a complete 73 copy of which is on file with the City Clerk, which implements a development arrangement between 74 the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, 75 L.L.C. (the "Developer") for the development of Phase III of the mixed -use commercial development 3 76 project in the Central Business District utilizing the structure of an economic development park 77 known as the "Town Center of Virginia Beach" (the "Project"). 78 2. The City Council requests and recommends that the Authority adopt a 79 Resolution consistent with this Resolution (a) approving the Phase III Development Agreement and 80 all other documents required to implement the provisions of the Phase III Development Agreement 81 (collectively, the "Phase III Documents"), (b) authorizing the execution of Phase III Documents, and 82 (c) authorizing the City Manager and the City Attorney, on behalf of the Authority, to proceed with 83 the development of any additional Phase III Documents necessary and appropriate or contemplated 84 by the Phase III Development Agreement to implement Phase III of the Project consistent with the 85 terms outlined in the Phase III Development Agreement. 86 3. On behalf of the City of Virginia Beach, the City Manager and the City 87 Attorney are hereby authorized and directed to proceed with the development of any additional Phase 88 III Documents necessary and appropriate or contemplated by the Phase III Development Agreement 89 to implement Phase III of the Project, with the Phase III Documents to contain such terms as are 90 consistent with the terms outlined in the Phase III Development Agreement. 91 4. The City Manager, or his designee, is authorized to execute and deliver (a) the 92 Support Agreement between the City and the Authority supporting the Authority's obligations 93 contained in the Phase III Documents and (b) such other Phase III Documents to which the City is a 94 necessary party to enable the Authority to proceed with its obligations in Phase III of the Project. 95 5. The City Manager is authorized to modify the Phase III Documents to which 96 the City is a party to the extent such modifications may be technical in nature or may be necessary 97 from time to time, provided that after such modifications, the Phase III Documents shall remain in 4 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 substantial conformity with the Phase III Development Agreement and such modifications are acceptable to the City Attorney. 6. Pursuant to Sections 15.2-2030 and 15.2-4917 of the Code of Virginia (1950), as amended, the City hereby approves the sale to the Authority of the areas of airspace over Columbus Street through which the elevated pedestrian walkway connecting Blocks 7 and 12 of the Project shall be constructed in accordance with the Phase III Documents. The City Manager is authorized to convey fee simple title to such airspace (and any adjacent airspace necessary to construct and maintain such walkway) to the Authority in the manner he deems in the best interest of the City (including, but not limited to reserving any easements he deems necessary) so long as the documents effecting such conveyance are acceptable to the City Manager and the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the of September, 2005. CA-9695 F:\Data\ATY\Ordin\NONCODE\Early 04 - ORDIN\town center phase III.da.doc 5 AP OVED AS TO CO ENT: Finance Department day AS TO LEGAL SUFFICIENCY: )City Attorney, FOO V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding With Access Partnership of Hampton Roads and Transferring $10,000 From Reserve for Contingencies to the Regional Participation FY 2005-06 Operating Budget to Fund the Memorandum of Understanding MEETING DATE: September 13, 2005 ■ Background: During the July 12, 2005 Council Work Session, the Health Services Advisory Board ("Board") gave a presentation on access to health care and proposed a community health center as a solution for care to the uninsured and underinsured residents of Virginia Beach. Nationally, uninsured Americans receive about half of the medical care of those with health insurance. As a result, people without insurance tend to be sicker, and their care, when they finally seek it, is more expensive. The primary care services of necessity are often administered in emergency rooms, which is the most expensive avenue for care. Sentara Health Foundation has explored the potential for a community health center in the City that would target medically underserved residents. The Board is supportive of the community health center concept. A community health center is one potential solution to the growing problem. ■ Considerations: Access Partnership of Hampton Roads ("Access") is a nonprofit organization that has applied for tax-exempt status under section 501 (c)(3) of the Internal Revenue Code. Access was formed in 2002 with representatives from more than twenty (20) nonprofit health care organizations in Hampton Roads. It is a community collaboration of diverse stakeholders who share a common goal of improving access to medical services for the underinsured and uninsured. Access, in partnership with the Board and Sentara Health Foundation, seeks to develop a community health care center in Virginia Beach to target medically underserved residents. Federal funding may be available through the United States Department of Health and Human Services ("DHHS") to assist with the start-up and on- going costs associated with building and operating a community health center in Virginia Beach. The first step in the process of acquiring a community health center, therefore, is to plan, develop, and draft a grant application for submittal to the DHHS. In an effort to assist Access in securing federal funding, a Memorandum of Understanding ("MOU") between the City and Access has been drafted. The MOU provides that the City shall give ten thousand dollars ($10,000) to Access to be used for the development and preparation of a grant application. Access must use all funds received from the City towards the payment of professional fees for grant development services and must provide documentation to the City evidencing payment of such professional fees. ■ Public Information: Public information will be provided through the normal process of advertising Council's agenda. ■ Recommendation: Approve the proposed MOU and the transfer of funds. ■ Attachments: Summary of Terms Memorandum of Understanding Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Department of Public Health Pvhb— City Manage . lc�UY� IN 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 3 ACCESS PARTNERSHIP OF HAMPTON ROADS AND 4 TRANSFERRING $10,000 FROM RESERVE FOR 5 CONTINGENCIES TO THE REGIONAL PARTICIPATION FY 6 2005-06 OPERATING BUDGET TO FUND THE 7 MEMORANDUM OF UNDERSTANDING 8 9 10 WHEREAS, the Virginia Beach Health Services Advisory Board 11 ("Board") was established by the Virginia Beach City Council in 12 1995 to actively participate with community representatives in the 13 formulation of a comprehensive plan for the development, 14 coordination, and evaluation of local health services systems; and 15 WHEREAS, Sentara Health Foundation is a nonprofit organization 16 dedicated to responding to the community's health care needs 17 through financial support and by proactively identifying health- 18 related needs and opportunities; and 19 WHEREAS, Sentara Health Foundation recently evaluated health 20 care needs in the Hampton Roads area and identified five critical 21 needs not being met throughout the region: 1) access to basic 22 health services; 2) access to chronic care services; 3) access to 23 mental health and substance abuse services; 4) access to maternal 24 and infant services; and 5) access to oral health services; and 25 WHEREAS, Access Partnership of Hampton Roads ("Access") was 26 formed in 2002 with representatives from more than twenty (20) 27 nonprofit health care organizations in Hampton Roads. It is a 28 community collaboration of diverse stakeholders who share a common 29 goal of improving access to medical services to the underinsured 30 and uninsured residents of Hampton Roads; and 31 WHEREAS, Access, in partnership with the Board and Sentara 32 Health Foundation, seeks to develop a community health center in 33 Virginia Beach that would target medically underserved residents; 34 and 35 WHEREAS, federal grant funding may be available through the 36 United States Department of Health and Human Services (Health 37 Resources and Services Administration, Bureau of Primary Health 38 Care) ("DHHS") to assist with the start-up and on -going costs 39 associated with building and operating a community health center in 40 Virginia Beach; and 41 WHEREAS, in an effort to secure federal grant funding, Access, 42 Sentara Health Foundation, and the Board have executed an Agreement 43 for Grant Development Services between J. Sarkiss & Associates and 44 The Access Partnership, Sentara Health Foundation, and Virginia 45 Beach Health Services Advisory Board ("Contract"); and 46 WHEREAS, pursuant to the Contract, J. Sarkiss & Associates 47 will review health -related data from neighboring community health 48 centers, provide recommendations, and assist with the planning, 49 development, and drafting of a grant application for submittal to 50 the DHHS ("'Grant Application"); and 51 WHEREAS, to assist with the endeavor to develop a community 52 health center in Virginia Beach, pursuant to the terms and 53 conditions set forth in the Memorandum of Understanding, the City 54 desires to give ten thousand dollars ($10,000) to Access to be used 55 for the development and preparation of the Grant Application. 56 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 57 OF VIRGINIA BEACH, VIRGINIA: 58 The City Manager is hereby authorized and directed to 59 execute said Memorandum of Understanding on behalf of the City of 60 Virginia Beach, and ten thousand dollars ($10,000) is hereby 61 transferred from Reserve for Contingencies to the Regional 62 Participation FY 2005-06 Operating Budget to fund the Memorandum of 63 Understanding. 64 Adopted by the Council of the City of Virginia Beach, 65 Virginia, on the day of , 2005. Approved As to Content: Approved As To Legal Sufficiency: 4serv-ices eCity Attorneys OfficeManage CA9747 H:\PA\GG\OrdRes\Sentara MOU Ord R-1 August 31, 2005 Memorandum of Understanding Between the City of Virginia Beach and Access Partnership of Hampton Roads SUMMARY OF TERMS Purpose: Outlines the terms and conditions for the City of Virginia Beach ("City") to give $10,000 to Access Partnership of Hampton Roads ("Access") for the development and preparation of a grant application. The grant application may be filed with the United Stated Department of Health and Human Services to apply for federal grant funding to assist with the start-up and on -going costs associated with building and operating a community health center in Virginia Beach. Parties: City of Virginia Beach and Access Partnership of Hampton Roads Responsibilities of the City: • Give ten thousand dollars ($10,000.00) for the development and preparation of a grant application. Responsibilities of Access: • Apply all funds received from the City toward the payment of professional fees for grant development services. • Provide an executed copy of the contract for professional services between J. Sarkiss & Associates and Access, Sentara Health Foundation, and the Virginia Beach Health Services Advisory Board ("Contract"). • Provide a receipt evidencing Access' payment of professional fees under the Contract. • Provide copies of all deliverables required under the Contract, including, but not limited to, draft copies of a grant application and the final application package. • Provide data relating to the impact of a community health center on the City. • Access may not assign its rights and obligations under the Memorandum of Understanding without the prior written consent of the City MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") made and entered into as of this day of , 2005, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), and ACCESS PARTNERSHIP, a nonprofit organization that has applied for tax exempt status under section 501 (c)(3) of the United States Internal Revenue Code ("Access"). RECITALS A. The Virginia Beach Health Services Advisory Board ("Board") was established by the Virginia Beach City Council in 1995 to actively participate with community representatives in the formulation of a comprehensive plan for the development, coordination, and evaluation of local health services systems. B. Sentara Health Foundation is a nonprofit organization dedicated to responding to the community's health care needs through financial support and by proactively identifying health -related needs and opportunities. . C. Sentara Health Foundation has recently evaluated health care needs in the Hampton Roads area and has identified five critical needs not being met throughout the region: 1) access to basic health services; 2) access to chronic care services; 3) access to mental health and substance abuse services; 4) access to maternal and infant services; and 5) access to oral health services. D. Access was formed in 2002 with representatives from more than twenty (20) nonprofit health care organizations in Hampton Roads. It is a community collaboration of diverse stakeholders who share a common goal of improving access to medical services to the underinsured and uninsured residents of Hampton Roads. E. Access, in partnership with the Board and Sentara Health Foundation, seeks to develop a community health center in Virginia Beach that would target medically underserved residents. F. Federal grant funding may be available through the United States Department of Health and Human Services (Health Resources and Services Administration, Bureau of Primary Health Care) ("DHHS") to assist with the start-up and on -going costs associated with building and operating a community health center in Virginia Beach. G. In an effort to secure federal grant funding, Access, Sentara Health Foundation, and the Board have executed an Agreement for Grant Development Services Between J. Sarkiss & Associates and The Access Partnership, Sentara Health Foundation, and Virginia Beach Health Services Advisory Board ("Contract"). H. Pursuant to the Contract, J. Sarkiss & Associates will review health - related data from neighboring community health centers, provide recommendations, and assist with the planning, development, and drafting of a grant application for submittal to the DHHS ("Grant Application"). AGREEMENT The parties to this MOU, for and in consideration of the mutual efforts to support and promote improved access to primary health care services for uninsured and underinsured residents of Virginia Beach, agree as follows: Section 1 - Obligation of the City The City shall give ten thousand dollars ($10,000) to Access to be used for the development and preparation of a Grant Application (the "funds"). The City shall have no additional obligations under this MOU. The funds shall be expended by Access as set forth in Section 2. Section 2 - Obligations of Access A. Expenditure of the Funds Access shall apply all funds received from the City towards the payment of professional fees for grant development services, pursuant to the Contract. B. Documentation Provided to City Access shall provide copies of the following documents to the City: 1. An executed copy of the Contract. 2. A receipt evidencing Access's payment of professional fees under the Contract. 3. Copies of all deliverables required under the Contract, including, but not limited to, draft copies of a grant application and the final application package. 4. Any data relating to the impact of a community health center on the City. Access shall provide the above -listed documentation to the City as soon as such documentation becomes available to Access. C. No Obligation to Reimburse the Funds Provided that Access complies with Section 2 (A) above, Access shall not be responsible for returning or reimbursing the funds given to Access by the City under this MOU. Section 3 - Non -Assignment Access shall not assign its rights and obligations under this MOU without the prior written consent of the City. 2 Section 4 - Applicable Law and Venue This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters, including but not limited to validity, interpretations, obligations, performance, or otherwise, exclusively by the laws of the Commonwealth of Virginia. Any and all suits for any claims and for any and every breach or dispute arising out of this MOU shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. Section 5 — Documentation Any documentation, correspondence, or notices required or permitted to be given pursuant to this MOU shall be given by certified mail, postage prepaid, return receipt requested as follows: To the City: Attention: Susie Walston City of Virginia Beach City Manager's Office Municipal Center -Building 1 2401 Courthouse Drive Virginia Beach, VA 23456-9004 To Access: Attention: Gina Pitrone Access Partnership P.O. Box 41093 Norfolk, Virginia 23541 Section 6 - Independent Contractors In performance of this MOU, both the City and Access will be acting in an individual capacity and not as agents, employees, partners or joint venturers, or associates of one another. The agents and employees of one shall not be construed to be agents or employees of the other. The City shall have no liability with respect to any financial obligations incurred by Access. Section 7 - Entire Agreement The parties agree that this MOU constitutes the entire agreement of the parties and that there may be no modification of this MOU, except in writing, executed by the authorized representatives of the City and Access. The terms and provisions of this MOU shall be binding upon and will inure to the benefit of the parties, their respective successors, and assigns. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: 3 Access Partnership of Hampton Roads, Inc. By: Title: City of Virginia Beach City Manager/Authorized Designee Approved as to Content: Office of City Manager E Approved as to Legal Sufficiency: A. I,-. L(,,,W City Attorney's b1ce t�Ww� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the National Incident Management System (NIMS) MEETING DATE: September 13, 2005 ■ Background: The National Incident Management System (NIMS) was developed by the Secretary of Homeland Security at the request of the President of the United States. The objective of NIMS is to establish a single, comprehensive approach to domestic incident management. In order to prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies, all levels of government across the nation must have the capability to work efficiently and effectively together using a national approach to domestic incident management. NIMS provides standards and guidelines for effective practices in emergency preparedness and response in a comprehensive national framework. By providing the structure, mechanisms, and operational direction for federal support to state and local incident managers, NIMS will enable responders at all levels of government to work together effectively to manage domestic incidents. This ordinance adopts NIMS as the City's standard for incident management. We are currently compliant with this system and adoption meets the federal requirement of formal Council approval of the standards. ■ Considerations: By adopting the NIMS standard, the City will remain eligible for federal preparedness assistance. Federal preparedness assistance will provide funding necessary to train several hundred City employees, including the staff of the Emergency Operations Center, public safety -first responders, and other City service providers. NIMS training insures all federal, state, and local agency participants work within a common organizational framework using standardized terminology. The concepts set forth in NIMS have been utilized by public safety agencies since the 1970s. However, the events of September 11, 2001, revealed the need to expand training in incident management to a broader base of public service agencies. ■ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. ■ Recommendations: Adoption of proposed ordinance. ■ Attachments: Ordinance and Homeland Security Presidential Directive/HAPD-5 Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: llL I ���- 1 AN ORDINANCE TO ESTABLISH THE 2 NATIONAL INCIDENT MANAGEMENT SYSTEM 3 AS THE CITY STANDARD FOR INCIDENT 4 MANAGEMENT 5 WHEREAS, the President in Homeland Security Directive (HSPD)- 6 5, directed the Secretary of the Department of Homeland Security to 7 develop and administer a National Incident Management System 8 (NIMS), which would provide a consistent nationwide approach for 9 Federal, State, and local governments to work together more 10 effectively and efficiently to prevent, prepare for, respond to and 11 recover from domestic incidents, regardless of cause, size or 12 complexity; 13 WHEREAS, the collective input and guidance from all Federal, 14 State, and local homeland security partners has been, and will 15 continue to be, vital to the development, effective implementation 16 and utilization of a comprehensive NIMS; 17 WHEREAS, it is necessary and desirable that all Federal, 18 State, and local emergency agencies and personnel coordinate their 19 efforts to effectively and efficiently provide the highest levels 20 of incident management; 21 WHEREAS, to facilitate the most efficient and effective 22 incident management it is critical that Federal, State, and local 23 organizations utilize standardized terminology, standardized 24 organizational structures, interoperable communications, 25 consolidated action plans, unified command structures, uniform 26 personnel qualification standards, uniform standards for planning, 27 training, and exercising, comprehensive resource management, and 28 designated incident facilities during emergencies or disasters; 29 WHEREAS, the NIMS standardized procedures for managing 30 personnel, communications, facilities and resources will improve 31 the city's ability to utilize federal funding to enhance local 32 agency readiness, maintain first responder safety, and streamline 33 incident management processes, 34 WHEREAS, the Incident Command System components of NIMS are 35 already an integral part of various city incident management 36 activities, including current emergency management training 37 programs; and 38 WHEREAS, the National Commission on Terrorist Attacks (9-11 39 Commission) recommended adoption of a standardized Incident Command 40 System. 41 NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of 42 the City of Virginia Beach, Virginia: 43 That the National Incident Management System (NIMS) is 44 established as the City standard for incident management. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the day of 2005. 47 COMMENT 48 49 This ordinance adopts the National Incident Management System (NIMS) as the City's standard SO for incident management. Approved As to Content: Approved As To Legal Sufficiency: r, (. L wd Fire Department City Attorney's Office CA9637 pa/gg/ordres/NIMS ord R-3 August 9, 2005 SUMMARY OF MATERIAL TERMS 1. EVENT — Any National Disaster. 2. NATIONAL INCIDENT MANAGEMENT SYSTEM — A program that creates consistency between public safety responders at all levels of government from local and state to federal. Implementation includes on-line training of people involved in the management of the NIMS system, such as City Directors, Managers and Emergency Service Supervisors. The next step to certification is the formal adoption of NIMS at the local level. An initial NIMS compliance assessment has been completed and ongoing assessments for NIMS compliance continue. Lastly, institutionalizing of the Incident Command System through such programs as Train the Trainer. 3. NATURE — The National Incident Management System (NIMS) was developed by the Secretary of Homeland Security at the request of the President of the United States. NIMS integrates effective practices in emergency preparedness and response into a comprehensive national framework for incident management. The NIMS will enable responders at all levels to work together more effectively to manage domestic incidents no matter what the cause, size or complexity. This ordinance adopts NIMS as the City's standard for incident management. 4. TERM — There is no legally binding duration to the adoption of NIMS. 5. COST — There will only be nominal costs associated with training for emergency services personnel. Future cost to be assessed after the Federal Government defines the parameters of NIMS compliance status for localities. 6. FUNDING — In order to be eligible for various Homeland Security grants, localities must adopt these procedures. 7. LIABILITY — No additional liability is associated with this program. 8. DURATION — The City's association with this program may be terminated at any time. Homeland Security Presidential Directive/HSPD-5 Subject: Management of Domestic Incidents Purpose (1) To enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system. Definitions (2) In this directive: (a) the term "Secretary" means the Secretary of Homeland Security. (b) the term "Federal departments and agencies" means those executive departments enumerated in 5 U.S.C. 101, together with the Department of Homeland Security; independent establishments as defined by 5 U.S.C. 104(1); government corporations as defined by 5 U.S.C. 103(1); and the United States Postal Service. (c) the terms "State," "local," and the "United States" when it is used in a geographical sense, have the same meanings as used in the Homeland Security Act of 2002, Public Law 107-296. Policy (3) To prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies, the United States Government shall establish a single, compre-hensive approach to domestic incident management. The objective of the United States Government is to ensure that all levels of government across the Nation have the capability to work efficiently and effectively together, using a national approach to domestic incident management. In these efforts, with regard to domestic incidents, the United States Government treats crisis management and consequence management as a single, integrated function, rather than as two separate functions. (4) The Secretary of Homeland Security is the principal Federal official for domestic incident management. Pursuant to the Homeland Security Act of 2002, the Secretary is responsible for coordinating Federal operations within the United States to prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies. The Secretary shall coordinate the Federal Government's resources utilized in response to or recovery from terrorist attacks, major disasters, or other emergencies if and when any one of the following four conditions applies: (1) a Federal department or agency acting under its own authority has requested the assistance of the Secretary; (2) the resources of State and local authorities are overwhelmed and Federal assistance has been requested by the appropriate State and local authorities; (3) more than one Federal department or agency has become substantially involved in responding to the incident; or (4) the Secretary has been directed to assume responsibility for managing the domestic incident by the President. (5) Nothing in this directive alters, or impedes the ability to carry out, the authorities of Federal departments and agencies to perform their responsibilities under law. All Federal departments and agencies shall cooperate with the Secretary in the Secretary's domestic incident management role. (6) The Federal Government recognizes the roles and responsibilities of State and local authorities in domestic incident management. Initial responsibility for managing domestic incidents generally falls on State and local authorities. The Federal Government will assist State and local authorities when their resources are overwhelmed, or when Federal interests are involved. The Secretary will coordinate with State and local governments to ensure adequate planning, equipment, training, and exercise activities. The Secretary will also provide assistance to State and local governments to develop all -hazards plans and capabilities, including those of greatest importance to the security of the United States, and will ensure that State, local, and Federal plans are compatible. (7) The Federal Government recognizes the role that the private and nongovernmental sectors play in preventing, preparing for, responding to, and recovering from terrorist attacks, major disasters, and other emergencies. The Secretary will coordinate with the private and nongovernmental sectors to ensure adequate planning, equipment, training, and exercise activities and to promote partnerships to address incident management capabilities. (8) The Attorney General has lead responsibility for criminal investigations of terrorist acts or terrorist threats by individuals or groups inside the United States, or directed at United States citizens or institutions abroad, where such acts are within the Federal criminal jurisdiction of the United States, as well as for related intelligence collection activities within the United States, subject to the National Security Act of 1947 and other applicable law, Executive Order 12333, and Attorney General -approved procedures pursuant to that Executive Order. Generally acting through the Federal Bureau of Investigation, the Attorney General, in cooperation with other Federal departments and agencies engaged in activities to protect our national security, shall also coordinate the activities of the other members of the law enforcement community to detect, prevent, preempt, and disrupt terrorist attacks against the United States. Following a terrorist threat or an actual incident that falls within the criminal jurisdiction of the United States, the full capabilities of the United States shall be dedicated, consistent with United States law and with activities of other Federal departments and agencies to protect our national security, to assisting the Attorney General to identify the perpetrators and bring them to justice. The Attorney General and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (9) Nothing in this directive impairs or otherwise affects the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President as Commander in Chief, to the Secretary of Defense, to the commander of military forces, or military command and control procedures. The Secretary of Defense shall provide military support to civil authorities for domestic incidents as directed by the President or when consistent with military readiness and appropriate under the circumstances and the law. The Secretary of Defense shall retain command of military forces providing civil support. The Secretary of Defense and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (10) The Secretary of State has the responsibility, consistent with other United States Government activities to protect our national security, to coordinate international activities related to the prevention, preparation, response, and recovery from a domestic incident, and for the protection of United States citizens and United States interests overseas. The Secretary of State and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (11) The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs shall be responsible for interagency policy coordination on domestic and international incident management, respectively, as directed by the President. The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs shall work together to ensure that the United States domestic and international incident management efforts are seamlessly united. (12) The Secretary shall ensure that, as appropriate, information related to domestic incidents is gathered and provided to the public, the private sector, State and local authorities, Federal departments and agencies, and, generally through the Assistant to the President for Homeland Security, to the President. The Secretary shall provide standardized, quantitative reports to the Assistant to the President for Homeland Security on the readiness and preparedness of the Nation -- at all levels of government -- to prevent, prepare for, respond to, and recover from domestic incidents. (13) Nothing in this directive shall be construed to grant to any Assistant to the President any authority to issue orders to Federal departments and agencies, their officers, or their employees. Tasking (14) The heads of all Federal departments and agencies are directed to provide their full and prompt cooperation, resources, and support, as appropriate and consistent with their own responsibilities for protecting our national security, to the Secretary, the Attorney General, the Secretary of Defense, and the Secretary of State in the exercise of the individual leadership responsibilities and missions assigned in paragraphs (4), (8), (9), and (10), respectively, above. (15) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Incident Management System (NIMS). This system will provide a consistent nationwide approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi -agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. (16) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Response Plan (NRP). The Secretary shall consult with appropriate Assistants to the President (including the Assistant to the President for Economic Policy) and the Director of the Office of Science and Technology Policy, and other such Federal officials as may be appropriate, in developing and implementing the NRP. This plan shall integrate Federal Government domestic prevention, preparedness, response, and recovery plans into one all - discipline, all -hazards plan. The NRP shall be unclassified. If certain operational aspects require classification, they shall be included in classified annexes to the NRP. (a) The NRP, using the NIMS, shall, with regard to response to domestic incidents, provide the structure and mechanisms for national level policy and operational direction for Federal support to State and local incident managers and for exercising direct Federal authorities and responsibilities, as appropriate. (b) The NRP will include protocols for operating under different threats or threat levels; incorporation of existing Federal emergency and incident management plans (with appropriate modifications and revisions) as either integrated components of the NRP or as supporting operational plans; and additional opera-tional plans or annexes, as appropriate, including public affairs and intergovernmental communications. (c) The NRP will include a consistent approach to reporting incidents, providing assessments, and making recommendations to the President, the Secretary, and the Homeland Security Council. (d) The NRP will include rigorous requirements for continuous improvements from testing, exercising, experience with incidents, and new information and technologies. (17) The Secretary shall: (a) By April 1, 2003, (1) develop and publish an initial version of the NRP, in consultation with other Federal departments and agencies; and (2) provide the Assistant to the President for Homeland Security with a plan for full development and implementation of the NRP. (b) By June 1, 2003, (1) in consultation with Federal departments and agencies and with State and local governments, develop a national system of standards, guidelines, and protocols to implement the NIMS; and (2) establish a mechanism for ensuring ongoing management and maintenance of the NIMS, including regular consultation with other Federal departments and agencies and with State and local governments. (c) By September 1, 2003, in consultation with Federal departments and agencies and the Assistant to the President for Homeland Security, review existing authorities and regulations and prepare recommendations for the President on revisions necessary to implement fully the NRP. (18) The heads of Federal departments and agencies shall adopt the NIMS within their departments and agencies and shall provide support and assistance to the Secretary in the development and maintenance of the NIMS. All Federal departments and agencies will use the NIMS in their domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation activities, as well as those actions taken in support of State or local entities. The heads of Federal departments and agencies shall participate in the NRP, shall assist and support the Secretary in the development and maintenance of the NRP, and shall participate in and use domestic incident reporting systems and protocols established by the Secretary. (19) The head of each Federal department and agency shall: (a) By June 1, 2003, make initial revisions to existing plans in accordance with the initial version of the NRP. (b) By August 1, 2003, submit a plan to adopt and implement the NIMS to the Secretary and the Assistant to the President for Homeland Security. The Assistant to the President for Homeland Security shall advise the President on whether such plans effectively implement the NIMS. (20) Beginning in Fiscal Year 2005, Federal departments and agencies shall make adoption of the NIMS a requirement, to the extent permitted by law, for providing Federal preparedness assistance through grants, contracts, or other activities. The Secretary shall develop standards and guidelines for determining whether a State or local entity has adopted the NIMS. Technical and Conforming Amendments to National Security Presidential Directive-1 (NSPD-1) (21) NSPD-1 ("Organization of the National Security Council System") is amended by replacing the fifth sentence of the third paragraph on the first page with the following: "The Attorney General, the Secretary of Homeland Security, and the Director of the Office of Management and Budget shall be invited to attend meetings pertaining to their responsibilities.". Technical and Conforming Amendments to National Security Presidential Directive-8 (NSPD-8) (22) NSPD-8 ("National Director and Deputy National Security Advisor for Combating Terrorism") is amended by striking "and the Office of Homeland Security," on page 4, and inserting "the Department of Homeland Security, and the Homeland Security Council' in lieu thereof. Technical and Conforming Amendments to Homeland Security Presidential Directive-2 (HSPD-2) (23) HSPD-2 ("Combating Terrorism Through Immigration Policies") is amended as follows: (a) striking "the Commissioner of the Immigration and Naturalization Service (INS)" in the second sentence of the second paragraph in section 1, and inserting "the Secretary of Homeland Security" in lieu thereof ; (b) striking "the INS," in the third paragraph in section 1, and inserting "the Department of Homeland Security" in lieu thereof; (c) inserting ", the Secretary of Homeland Security," after "The Attorney General' in the fourth paragraph in section 1; (d) inserting ", the Secretary of Homeland Security," after "the Attorney General' in the fifth paragraph in section 1; (e) striking "the INS and the Customs Service" in the first sentence of the first paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (f) striking "Customs and INS" in the first sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (g) striking "the two agencies" in the second sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (h) striking "the Secretary of the Treasury" wherever it appears in section 2, and inserting "the Secretary of Homeland Security" in lieu thereof; (i) inserting ", the Secretary of Homeland Security," after "The Secretary of State" wherever the latter appears in section 3; 0) inserting ", the Department of Homeland Security," after "the Department of State," in the second sentence in the third paragraph in section 3; (k) inserting "the Secretary of Homeland Security," after "the Secretary of State," in the first sentence of the fifth paragraph of section 3; (1) striking "INS" in the first sentence of the sixth paragraph of section 3, and inserting "Department of Homeland Security" in lieu thereof; (m) striking "the Treasury" wherever it appears in section 4 and inserting "Homeland Security" in lieu thereof; (n) inserting ", the Secretary of Homeland Security," after "the Attorney General' in the first sentence in section 5; and (o) inserting ", Homeland Security" after "State" in the first sentence of section 6. Technical and Conforming Amendments to Homeland Security Presidential Directive-3 (HSPD-3) (24) The Homeland Security Act of 2002 assigned the responsibility for administering the Homeland Security Advisory System to the Secretary of Homeland Security. Accordingly, HSPD- 3 of March 11, 2002 ("Homeland Security Advisory System") is amended as follows: (a) replacing the third sentence of the second paragraph entitled "Homeland Security Advisory System" with "Except in exigent circumstances, the Secretary of Homeland Security shall seek the views of the Attorney General, and any other federal agency heads the Secretary deems appropriate, including other members of the Homeland Security Council, on the Threat Condition to be assigned." (b) inserting "At the request of the Secretary of Homeland Security, the Department of Justice shall permit and facilitate the use of delivery systems administered or managed by the Department of Justice for the purposes of delivering threat information pursuant to the Homeland Security Advisory System." as a new paragraph after the fifth paragraph of the section entitled "Homeland Security Advisory System." (c) inserting ", the Secretary of Homeland Security" after "The Director of Central Intelligence" in the first sentence of the seventh paragraph of the section entitled "Homeland Security Advisory System". (d) striking "Attorney General' wherever it appears (except in the sentences referred to in subsections (a) and (c) above), and inserting "the Secretary of Homeland Security" in lieu thereof; and (e) striking the section entitled "Comment and Review Periods." GEORGE W. BUSH CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: First Amendment to existing Stumpy Lake Golf Course Lease to reduce the leased premises by approximately 4.2 acres MEETING DATE: September 13, 2005 ■ Background: In October 2001, the City entered into a lease agreement with Stumpy Lake Golf Course, Inc. ("lessee") for the operation and management of the 300- acre Stumpy Lake Golf Course. The leased premises includes approximately 4.2 acres near the entrance to the golf course that is identified in the Stumpy Lake Natural Area Master Land Use & Management Plan for development of birding trails. Installation of the trailhead, information kiosk and parking area, along with liability coverage should rest with the City and not the lessee. The lessee has agreed to amend the leased premises to release the 4.2 acres. ■ ' Considerations: The birding trails have been developed and opened to the community. The parking to support the trails cannot be constructed until the lease line has been amended. To facilitate further improvements to the site, the community and lessee desire for this addendum to be approved. ■ Public Information: During the development of the Stumpy Lake Natural Areas Master Land Use & Management Plan, the community expressed its desire for the installation of birding trails and access to the property. The Citizens for Stumpy Lake have funded the development of the trails and wish to continue with further improvements on the site. The lessee of the Stumpy Lake Golf Course supports the changes in the lease line. ■ Alternatives: (1) Proceed with approval of the proposed First Amendment to Lease Agreement. (2) Place on hold any changes to the lease line until the property is advertised for a new lease. The current lease expires at the end of September 2006. ■ Recommendations: Authorize the City Manager to sign the First Amendment to Lease Agreement to reduce the leased property acreage for the purpose of returning the land to the city for the Stumpy Lake natural area improvements. ■ Attachments: Ordinance, Plat and First Amendment to Lease Agreement Recommended Action: Approval Submitting Department/Agency: City Manage . S, H:\01D\REALESTATE\LEAS S\ST PY LAKE\Agenda Request propel li e.0805„doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE APPROVING THE FIRST AMENDMENT TO LEASE AGREEMENT WHICH RELEASES 4.2 ACRES OF LAND FROM THE ORIGINAL LEASE OF CITY LAND BETWEEN THE CITY AND STUMPY LAKE GOLF COURSE, INCORPORATED WHEREAS, the City of Virginia Beach, Virginia (the "City") is the owner of approximately 300.25 acres of land generally known as Stumpy Lake, which was acquired from the City of Norfolk (the "Property"); WHEREAS, pursuant to that certain Agreement of Lease (the "Lease") dated October 1, 2001, the City leased the Property to Stumpy Lake Golf Course, Incorporated (the "Lessee") for the operation and management of the Stumpy Lake Golf Course; and WHEREAS, the City has identified approximately 4.2 acres of the Property in its Stumpy Lake Natural Area Master Land Use and Management Plan for the development of birding trails. WHEREAS, the City has requested and the Lessee has agreed to release 20 from the Lease the hatched portion of the Property designated on EXHIBIT A 21 attached hereto as "Release Area, approximately 4.2 acres" (the "Release Area") 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 25 26 27 28 29 30 31 That the City Manager is hereby authorized to execute a First Amendment to Lease Agreement between Stumpy Lake Golf Course, Incorporated and the City, for the release of approximately 4.2 acres of land as shown on Exhibit A attached hereto and made a part hereof and in accordance with the First Amendment to Lease Agreement attached hereto and such other terms, conditions or modifications as may be satisfactory to the City Attorney and the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia on the 32 day of 33 34 35 36 37 38 39 40 41 42 43 44 CA9691 August 31, 2005 APPROVED AS TO CONTENTS: .2005. Parks and Recreation Department f I: \OUREAL ESTATE\LEASES\STUMPY LAKE\Ordinance.doc APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Att r ey's ce e Exhibit A LINE DATA CHART < wN LEGEND $a $ ,, Zco • PIN (F) r CORNER NOT SET STUMPY LAKE ce O < Z .,o p� POINT OF BEGININNING OF u g o INGRESS /EGRESS EASEMENT 'A 2 1 N I RE55 30' 1NME •� -13 O L44 _ - - - - _ " OLF COURSE7EL L22 N 84.43' -- " W _ L38 _L39 - II 21 388.36' I� { L23 N 73. 13'24W 582. 56' L37 - - - - - - - - - - - - - IV L24 S 76.01S9" W 7097.35 L25 S 79°14'00" W 732. 78' \ 1 �' - ✓ L26 N 49.23' 10" W 768. 05' I/� L27 5 20'41'14" W 143.15' J L28 N 84.03'03" W 143.56' •o II I i`I/ \ �" \ O L29 N 11.34712" W 756.41' L30 N 02.09'37" E 1473.53' i \ L31 N 41°05'13" E 1185.57' L32 N-09'49'16' E 540.64' L33 N 04.30'54" W 1113.44' L34 N 20.32'51" E 1127.13' L35 N 22.50'34" W 452.11' STUMPY LAKE L36 N 13.35' 13" W 1747.07' L37 IN 06. 35'35" E 110. 09' L34 L38 N 61.51'57" E 97.83' `� L39 N 00°50'37" W 101.19' L33 \ `\ \ I\ L40 N 74.30'33" E 456.86' 83°26'42" E 443.16' �! L42 IN 80'05'04" E 406.17' w i 1 t L43 N 66.07'32" E 268.37' M L44 N 52.25'38" E 44.65' STUMPY LAKE GOLF COURS�12 L45 S 19.11'42"E 171.79' LEASE PARCEL i l -\\ L46 N 74°38'45" E 378.20' 1�1 12,895,115 SQ. FT. OR 296.03111 At 1 I ;.\ "\ !� L47 IN 74.38'45" E 616.83' PART OF GPIN 1464-76-8948 STUMPY LAKE Lo ?1 C23 \ I L22 L25 \ ` 11 `o NOTE: - ZD v I. MERIDIAN SOURCE IS BASED ON VA. STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 198"6. COORDINATES SHOWN ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT EQUAL 0.3048 METERS). L TOPOGRAPHIC FEATURES SHOWN HEREON ARE REFERENCED FROM THE CITY OF VIRGINIA BEACH CENTER FOR GIS. SCALE 1" = 700' CURVE DATA CHART JMBER RADIUS. ARC LENGTH DELTA ANGLE CHORD DIRECTION CHORD. LENGTH TANGENT _ 53.00 76.45 82°39'00" N 35°5339" E 69.99 46.60 23.00 33.18 82'39'00" S 35-53'39" W 30.38 20.22 �� 700' 1400' r.� EXHIBIT SHOWING STUMPY LAKE GOLF COURSE LEASE PROPERTY FOR STUMPY LAKE GOLF COURSE VIRGINIA BEACH, VIRGINIA SURVEY BUREAU * ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS * CITY OF VIRGINIA BEACH, VIRGINIA I-- DATE: )UNE 23, 2005 I SCALE: 1" = 700' DRAWN BY: DLAd FIELD BOOK: F 05 FttF• �Tc?NTaL1 rR FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "Amendment") is made as of the day of , 2005 between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("City"), and STUMPY LAKE GOLF COURSE, INCORPORATED, a Virginia corporation ("Lessee"). RECITALS 1. Pursuant to that certain Lease dated October 1, 2001, between the City and Lessee (the "Lease"), City leased to Lessee certain premises described in the Lease and shown on the exhibit attached to the Lease as Exhibit A ("the Premises"). 2. City has requested and Lessee has agreed to release from the Lease the hatched portion of the Premises designated on Exhibit A attached hereto as "Release Area, approx. 4.2 acres" (the "Release Area"). 3. City and Lessee have agreed to certain necessary modifications to the Lease resulting from the release of the Release Area. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RELEASE OF RELEASE AREA. As of the "Effective Date" (as defined below), the Release Area is hereby released from the Lease, and the term "Premises", as used in the Lease, is hereby modified to mean the Premises described on Exhibit A attached hereto as "STUMPY LAKE GOLF COURSE LEASE PARCEL 12,895,115 SQ. FT. OR 296.03111 ACRES PART OF GPIN 1464-78-8948." 2. EFFECTIVE DATE. The Effective Date of this Amendment is 12005. 3. MISCELLANEOUS. Except as expressly modified by this Amendment, the Lease shall remain in full force and effect. In the event of a conflict between the terms, conditions, and provisions of the Lease and this Amendment, the terms, conditions and provisions of this Amendment shall prevail. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) A-1 WITNESS the following signatures and seals: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia I= City Manager/Authorized Designee ATTEST: By: City Clerk STUMPY LAKE GOLF COURSE, INCORPORATED, a Virginia corporation (SEAL) Title: Date: APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: FEW EXHIBIT A [SEE ATTACHED SKETCH] H:\OID\REAL ESTATE\LEASES\STUMPY LAKETirst Amendment to Lease.doc A-3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $897,000 from the Federal Emergency Management Agency to the Fire Department's FY 2005-06 Operating Budget for Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: September 13, 2005 ■ Background: The Federal Emergency Management Agency ("FEMA"), the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for Virginia Task Force 2 ("VA-TF2"), Urban Search and Rescue Team. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. ■ Considerations: The City of Virginia Beach is the sponsoring agency for VA- TF2. The Fire Department serves as the administrator of VA-TF2. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This annual preparedness grant provides funding for 3.25 FTEs previously approved by City Council with the adoption of the FY 2005-06 Operating Budget, facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. FEMA has awarded $897,000 to the Team for support of ongoing expenses through June of 2006. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. The 3.25 FTEs funded by this grant will be eliminated if federal grant revenue for the positions is eliminated. ■ Public Information: Public Information will be handled through the normal process. ■ Alternatives: VA-TF2 Urban Search and Rescue Team cannot continue without this federal funding. Declining the funds would eliminate this team. ■ Recommendations: Accept grant and appropriate $897,000 for management and maintenance of Virginia Task Force 2, Urban Search and Rescue Team. ■ Attachments: Grant Award letter Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager, 4 1 '�6 ff-"?, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $897,000 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE FIRE 4 DEPARTMENT'S FY 2005-06 OPERATING BUDGET 5 FOR CONTINUED OPERATION OF THE VIRGINIA 6 TASK FORCE 2 URBAN SEARCH AND RESCUE 7 TEAM. 8 9 WHEREAS, the Federal Emergency Management Agency has 10 approved $897,000 in financial assistance for the continued 11 operation of the Virginia Task Force 2 Urban Search and Rescue 12 Team. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1) That $897,000 in additional federal revenue is hereby 16 accepted from the Federal Emergency Management Agency and 17 appropriated to the FY 2005-06 Operating Budget of the Fire 18 Department to cover costs associated with the Virginia Task 19 Force 2 Urban Search and Rescue Team, with federal revenue 20 increased accordingly. 21 2) That 3.25 positions are maintained in the FY 2005-06 22 Operating Budget of the Fire Department; provided however that 23 these positions shall be eliminated if federal grant revenue for 24 the positions is eliminated. 25 Accepted by the Council of the City of Virginia Beach, 26 Virginia on the day of , 2005. Approved as to Content anagement Services / Approved as to Legal Sufficiency Ukox N162 City Attorney's Office CA9748 H:\PA\GG\OrdRes\FEMA Annual Grant Ord R-2 September 2, 2005 FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE INSTRUMEN I Q COOPERATIVE AGREEMENT ❑ GRANT I. INSTRUMENT NUMBER F4AMENDMENT NUMBER EMW-2005-CA-0251 RECIPIENT NAME AND ADDRESS ty of Virginia Beach - VA TF-2 tn: City Manager James Spore 3 Viking Drive .rginia Beach VA 23452 1. RECIPIENT PROJECT MANAGER Battalion Chief Vance Cooper (757) 428-5235 1. ASSISTANCE ARRANGEMENT 12. PAYMENT METHOD Q COST REIMBURSEMENT ❑ TREASURY CHECK ❑ COST SHARING REIMBURSEMENT ❑ FIXED PRICE ❑ ADVANCE CHECK ❑ OTHER 0 LETTER OF CREDIT 4. ASSISTANCE AMOUNT PREVIOUS AMOUNT AMOUNT THIS ACTION TOTAL AMOUNT 6. DESCRIPTION OF PROJECT $0.00 $897,000.00 $897,000.00 2. TYPE OF ACTION El AWARD ❑ AMENDMENT 5. EFFECTIVE DATE 6. CONTROL NUMBER See Block 21 1 W38456BY 8. ISSUING/ADMINISTRATION OFFICE Federal Emergency Management Agency Financial & Acquisition Management Div Grants Management Branch 500 C Street, S.W., Room 350 Washington DC 20472 Specialist: Marilynn Grim (202) 646-3459 10. FEMA PROJECT OFFICER Wanda Casey, 202-646-4013 13. PAYMENT OFFICE Federal Emergency Management Agency Accounting Services Division Disbursement & Receivables Branch 500 C Street, S.W., Room 723 Washington DC 20472 15. ACCOUNTING & APPROPRIATION DATA See Continuation Page This is a Cooperative Agreement for the development and maintenance of the National Urban Search and Rescue response system resources. This will prepare the Task Forces to provide qualified and competent Urban Search and Rescue personnel and equipment in support of ESF-9 activities. Please refer to the Agreement Articles for the terms and conditions of this Cooperative Agreement. The Statement of Work (SOW), the attachments to the SOW, the budget and budget narrative are made a a part of this Cooperative Agreement. Catalog of Federal Domestic Assistance (CFDA) No. 97.025 applies to this Cooperative Agreement. The Period of Performance is 03/01/05 thru.06/30/06. End of Agreement. 7. RECIPIENT REQUIREMENT 0 RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8. ❑ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 8'. RECIPIENT (Type name and title) 19. ASSISTANCE OFFICER (Type name and title) Sylvia A. Carroll ,y Assistance Officer iG,flf,'ii.CE�' dL! /77� YES, �i/rl.: F' r:r-�r.��<7r,���• rl.ri�j MAR A!`cC mr-%rnr1A !lc 1111 RA IA11511-LJ oc nDcni CTC CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Encroachment request into the City property, a 100-foot drainage easement, behind 908 Brasileno Court. MEETING DATE: September 13, 2005 ■ Background: Mr. and Mrs. Griggs requested permission to encroach into a portion of the City's right of way adjacent to 908 Brasileno Court, Virginia Beach, Virginia. The purpose of this encroachment is to allow construction and maintenance of a bulkhead behind 908 Brasileno CourL ■ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, Plat and Photos Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: �� 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 A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY LOCATED BEHIND 908 BRASILENO COURT BY ELDON L. GRIGGS AND GLADYS T. GRIGGS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Eldon L. Griggs and Gladys T. Griggs desire to construct and maintain a bulkhead within the City's right-of-way located behind 908 Brasileno Court. 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 28 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, Eldon L. Griggs and Gladys T. Griggs, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a bulkhead in the City's right-of-way as shown on the map entitled: "Exhibit A, SITE PLAN SCALE: 1 "=30' PROPOSED BULKHEAD IN A CANAL @ LAGOMAR MLW=0.0' PROJECT LOCATION: 908 BRASILENO COURT VA BEACH, VA 23456 APPLICANT: ELDON GRIGGS 908 BRASILENO COURT VA BEACH, VA 23456 DATE: 06/09/05 SHEET 1 OF 2" 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 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Eldon L. Griggs and Gladys T. Griggs (the "Agreement'), 32 which is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as Eldon L. Griggs and Gladys T. Griggs and the City Manager or his authorized 37 designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of , 2005. aml 41 APPROVED AS TO CONTENTS 42 Q(A me- C , &tAsc" 43 NATURE h 44 r LU RF-6) 45 DEPARTMENT 46 47 APPROVED AS TO LEGAL 48 SUFFICIENCY AND FORM 49 50 ClA T NE 51 52 CA- 9675 53 PREPARED:7/28/05 54 F;IDataIATYIOrdinINONCODEIPW ORDINICA9675 Griggs.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-811(c)(3) THIS AGREEMENT, made this --)--)-'-'day of c , 20 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ELDON L. GRIGGS AND GLADYS T. GRIGGS, 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 "LOT 268" as shown on that certain plat entitled "SUBDIVISION OF LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29, 1993 SHEET 1 OF 5 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated and described as 908 Brasileno Court, Virginia Beach, Virginia 23456; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' drainage easement "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2414-93-5010 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: "SITE PLAN SCALE: 1"=30' PROPOSED BULKHEAD IN A CANAL @ LAGOMAR MLW-0.0' PROJECT LOCATION: 908 BRASILENO COURT VA BEACH, VA 23456 APPLICANT: ELDON GRIGGS 908 BRASILENO COURT VA BEACH, VA 23456 DATE: 06/09/05 SHEET 1 OF 2," 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. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain 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 the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, 3 and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Eldon L. Griggs and Gladys T. Griggs, the said Grantee has caused this Agreement to be executed by their signature(s) and seal(s) duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Eldon L. Gladys T. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Ei Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF 1� CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this 2-2 41ia day of 20 L-S by Eldon L. Griggs. Kellia H. Pope < NOTARY PUBLIC Commonwealth of Virginia Notary Publio; My Commission Expires 9/30/08 Q My Commission Expires: STATE OF V. CITY/COUNTY OF I ' r a , � . G. ;; j(,_ e t_, to -wit: The foregoing instrument was acknowledged before me this o) 3 y-'of 20 C, s, by Gladys T. Griggs. _ o Public My Commission Expires: -� —� L� C�✓ APPROVED AS TO CONTENTS 11 %% 1 r SIGNATURE - 141� k�cd �Svle DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ENCROACHMENT: E— PROPOSED 108' BULKHEAD, 100' DRAINAGE FLOOD 11.40' FROM PROPERLY UNE EASEMENT BULKHEAD END, V) S 89'50'49" E S 86*55'17" E 2.38' FROM p 50.69, MLW 61.14' PROPERTY LINE w 3 a� rn® 1 _ R=700' A� - 111.05'— PROPOSED 8' — — � _ —• — RETURN d TOP OF BANK POOL • . . FENCE, TYP d. RCP n . • 'd FENCE, TYP •' cn °$ cn In 3 908 BRASILENO CT I GPIN: 2414 93 5010 I r^ 1nI 1) LISA HENEGHAN z •. " 912 BRASILENO CT. I p I 2) ROBERT MCMICHAEL VA BEACH, VA 23456 I ; , a .•'.. • I 900 BRASILENO CT. GPIN: 2414 92 4909 I: I VA BEACH, VA 23456 • GPIN: 2414 92 6939 e • . .a I • PROPERTY LINE A=30.54' ��,,�� INTICATES PHOTO �� BRASILENO COURT N0. &DIRECTION -- GRAPHIC SCALE 15' 0 15' 30' 1"=30' SITE PLAN SCALE: 1 "=30' APPLICANT: PROPOSED BULKHEAD IN A PROJECT LOCATION: ELDON GRIGGS 908 BRASILENO COURT 908 BRASILENO COURT CANAL ®LAGOMAR VA BEACH, VA 23456 1 VA BEACH, VA 23456 DATE: 06/09/05 SHEET 1 OF 2 - 24N-435010 '. l -gpj�lTfERQ� - _ LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY ELDON L. GRIGGS AND GLADYS T. GRIGGS FOR A BULKHEAD 908 BRASILENO COURT GPIN 2414-93-5010 SCALE:1" = 200' 908 BRASILENO.DGN M.J.S. PREPARED BY P/WW ENG. CADD DEPT. JULY 20, 2005 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request into the City property, a 100-foot drainage easement, behind 912 Brasileno Court. MEETING DATE: September 13, 2005 ■ Background: Mr. and Mrs. Heneghan requested permission to encroach into a portion of the City's right of way adjacent to 912 Brasileno Court, Virginia Beach, Virginia. The purpose of this encroachment is to allow construction and maintenance of a bulkhead behind 912 Brasileno Court. ■ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, Plat and Photos Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: l i 1 2 3 4 5 6 7 8 9 10 11 12 13 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY LOCATED BEHIND 912 BRASILENO COURT BY PATRICK J. HENEGHAN, II AND LISA M. HENEGHAN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Patrick J. Heneghan, II and Lisa M. Heneghan desire to construct and maintain a bulkhead within the City's right-of-way located behind 912 Brasileno 14 Court. 15 16 17 18 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 19 VIRGINIA BEACH, VIRGINIA: 20 21 22 23 24 25 26 27 28 29 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, Patrick J. Heneghan, II and Lisa M. Heneghan, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a bulkhead in the City's right-of- way as shown on the map entitled: "Exhibit A, SITE PLAN SCALE: 1 "=30' PROPOSED BULKHEAD IN A CANAL @ LAGOMAR MLW=0.0' PROJECT LOCATION: 912 BRASILENO COURT VA BEACH, VA 23456 APPLICANT: LISA HENEGHAN 912 BRASILENO COURT VA BEACH, VA 23456 DATE: 06/09/05 SHEET 1 OF 2" 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 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 encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Patrick J. Heneghan, II and Lisa M. Heneghan (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 Patrick J. Heneghan, II and Lisa M. Heneghan 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 , 2005. PPROVED AS TO CONTENTS AlbYr�s C. NATURE p1b )6)l W& DEPARTMENT APPROVED AS TO LEGAL SUFF I NCY ND FORM 1= I - H&Nr.-� CITY ATTOR EY CA-9690 PREPARED: 8/5/05 F;IDataIATYIOrdinINONCODEJ?W ORDINICA9690 Heneghan.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-811(c)(3) THIS AGREEMENT, made this 13reday of A 10 u,5 t , 20 6 5, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and PATRICK J. HENEGHAN, II AND LISA M. HENEGHAN, 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 "LOT 269" as shown on that certain plat entitled "SUBDIVISION OF LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29, 1993 SHEET 1 OF 5 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated and described as 912 Brasileno Court, Virginia Beach, Virginia 23456; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' drainage easement "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2414-92-4909 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: "SITE PLAN SCALE: 1 "=30' PROPOSED BULKHEAD IN A CANAL @ LAGOMAR MLW-0.0' PROJECT LOCATION: 912 BRASILENO COURT VA BEACH, VA 23456 APPLICANT: LISA HENEGHAN 912 BRASILENO COURT VA BEACH, VA 23456 DATE: 06/09/05 SHEET 1 OF 2," 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. 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. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain 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 the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, 3 and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Patrick J. Heneghan, II and Lisa M. Heneghan, the said Grantee has caused this Agreement to be executed by their signature(s) and seal(s) duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Z�c��hak J. Henegn, II . Lisa,A4. Heneghan STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public M STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF Vi v?' i A "(- . CITY/COUNTY OF Vi y4 I;t r G. A&', a 6(-, to -wit: The foregoing instrument was acknowledged before me this _1/ day of rCu It , 20n by Patrick J. Heneghan, II. N' to VPublic My Commission Expires: STATE OF ��'' C`' CITY/COUNTY OF V 1 % n_ i c_;/o-wit: The foregoing instrument was acknowledged before me this ',�d day of W.- 20C2S by Lisa M. Heneghan. otary Public My Commission Expires: - Lx,-)L7 APPROVED AS TO CONTENTS r SIGNATURE pk) 6,c"-j afac DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM H D* //;; r� 9 G-XMLOl-v f-% ENCROACHMENT: PROPOSED 100' BULKHEAD, 13.25' FROM PROPERTY LINE BULKHEAD END, 1.50' FROM PROPERTY LINE FENCE, TYP 1) DAVID NELSON 916 BRASILENO CT. VA BEACH, VA 23456 GPIN: 2414 92 3908 GRAPHIC SCALE 15' 0 15' 30' 1" = 30' L 100' DRAINAGE TOP OF EASEMENT 7 BANK N 86'36'34" E MLW 101.50' - - m 1 ® L=37.60' N 84 32'00" E 62.45' R=700.00' d • POOL o 0 o 912 BRASILENO CT* 4909 I in , o Ln 3 GPIN: 2414 92 c' � o N I I r" I O •. Z I � 1 � I 00 r /1-sr • .• �•� 87 —�EBB� FLOOD - 4 N i FENCE, TYP 2) ELTON GRIGGS 908 BRASILENO CT. VA BEACH, VA 23456 GPIN: 2414 93 5010 L=25. — IL : PROPERTY LINE S 84 32'00" vy 74.18' INTICATES PHOTO NO. BRASILENO COURT 010- & DIRECTION SITE PLAN SCALE: 1"=30' APPLICANT: PROPOSED BULKHEAD IN A PROJECT LOCATION: LISA HENEGHAN 912 BRASILENO COURT 912 BRASILENO COURT CANAL LAGOMAR VA BEACH, VA 23456 VA BEACH, VA 23456 MLW=0.0' DATE: 06/09/05 SHEET 1 JOF2 zU/ o CD �� \ V O .�A n12 ,a CD 2414-92-4909 WATERWAY �--r,�i L Li - __�gg�CEN4Cl cl LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY PATRICK J. HENEGHAN, II AND LISA M. HENEGHAN FOR A BULKHEAD 912 BRASILENO COURT GPIN 2414-92-4909 SCALE: 1" = 200' 90 BRASILENO.DGN M.J.S. PREPARED BY PAV ENG. CADD DEPT. JULY 20, 2005 ue~� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution providing for the issuance and sale of Water and Sewer System Revenue and Refunding Bonds in the maximum amount of $97 million MEETING DATE: September 13, 2005 ■ Background: City Council through the annual Capital Improvement Program has authorized various water and sewer revenue bonds to finance certain capital improvements in the water and sewer system. City staff has identified the need to issue $35 million in water and sewer revenue bonds to meet present needs of the system. In most cases, the funding is to reimburse the enterprise fund for expenditures already made on previously approved projects. In addition, City staff has taken steps to position the City for any refunding opportunities in the water and sewer system by soliciting proposals from investment banking firms to serve as senior underwriter in any refunding bonds for the system. A team composed of Morgan Keegan as senior manager, Lehman Brothers as co -senior and A.G. Edwards as co -manager is recommended for this sale based on the firms' experience, past performance, proposed structure, marketing plan, and fees and expenses. The City could refund up to $62 million based on this resolution. ■ Considerations: The water and sewer system has a Master Resolution to guide the issuance of water and sewer revenue bonds. Bond Counsel, Kaufman and Canoles, has prepared the enclosed resolution (eighth supplemental resolution) for the issuance and sale of the 2005 Series of bonds. Approval of this resolution will allow the City Manager to execute a Bond Purchase Agreement with the underwriters consistent with the parameters set forth in the resolution. The interest rate on the bonds shall not exceed 6%. In addition, the City's consulting engineers, Alvord, Burdick & Howson, have prepared a Financial Feasibility Study on the water and sewer system and have concluded that the existing water and sewer rates and charges are sufficient to support the debt service costs on the 2005 bonds. As Council is aware, the actual size of the refunding will vary, depending upon market conditions at the time of pricing. Pricing is tentatively scheduled for September 20-21, but will be determined by the underwriters. Present savings on the refunding are over $3 million, but again will depend on market conditions at pricing. After today's Council action no further vote of the City Council will be necessary. The final terms of the bond sale will be provided to Council. ■ Public Information: Public information will be handled through the normal Council agenda process. The bond authorization was part of the public information process of the C.I.P. In addition, the proposed resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. ■ Alternatives: There are no alternative funding sources at this time. This request follows previously approved C.I.P.s. To reject the resolution jeopardizes the potential refunding and related savings. ■ Recommendations: The enclosed resolution providing for the issuance and sale of the 2005 Water and Sewer Revenue and Refunding Bonds is recommended for approval. ■ Attachments: Resolution, Draft of Preliminary Official Statement, Draft of Financial Feasibility Study (Appendix B), Form of Continuing Disclosure Agreement(Appendix G), and Draft of Bond Purchase Agreement Recommended Action: Approval of Resolution ` Submitting Department/Agency: Department of Finance City Manager: IC ",N CERTIFICATE OF RESOLUTION The undersigned City Clerk of the City of Virginia Beach, Virginia (the "City"), certifies that: 1. A regular meeting of the Council of the City (the "Council") was held on September 13, 2005, at which the following members were present and absent: PRESENT: Harry E. Diezel Robert Dyer Louis R. Jones Richard Maddox Reba S. McClanan Meyera E. Oberndorf J. R. Reeve Peter W. Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood ABSENT: None 2. A resolution entitled "Eighth Supplemental Resolution Supplementing and Amending Resolution Adopted February 11, 1992, Entitled "Master Water and Sewer Revenue Bond Resolution Providing for the Issuance From Time to Time of One or More Series of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia," as Previously Supplemented and Amended, to Provide for the Issuance and Sale of up to $97,000,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005, and Providing For the Form, Details and Payment Thereof, the Financing of the Cost of Improvements to the City's Water and Sanitary Sewer Facilities and the Refunding of Certain Bonds Issued under the Master Water and Sewer Bond Resolution," was adopted by an affirmative roll call vote of a majority of all members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Harry E. Diezel Robert Dyer Louis R. Jones Richard Maddox Reba S. McClanan Meyera E. Oberndorf J. R. Reeve Peter W. Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood 3. Attached hereto is a true and correct copy of such resolution as recorded in the minutes of such meeting of the Council held on September 13, 2005. 4. This resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of October, 2005. City Clerk, City of Virginia Beach, Virginia (SEAL) CITY OF VIRGINIA BEACH, VIRGINIA EIGHTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA" AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $97,000,000 OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2005, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES AND THE REFUNDING OF CERTAIN BONDS ISSUED UNDER THE MASTER WATER AND SEWER BOND RESOLUTION ADOPTED ON SEPTEMBER 13, 2005 Section 8.101. Section 8.102. Section 8.103. Section 8.201. TABLE OF CONTENTS Page ARTICLE I EIGHTH SUPPLEMENTAL RESOLUTION Eighth Supplemental Resolution..................................................................2 Meaning of Terms; Definitions....................................................................2 Reference to Articles and Sections..............................................................3 ARTICLE II 2005 Project Authorization of 2005 Project ARTICLE III ................................................................3 ISSUANCE AND SALE OF SERIES 2005 BONDS Section 8.301. Issuance and Sale of Series 2005 Bonds......................................................3 Section 8.302. Details of Series 2005 Bonds.......................................................................4 Section 8.303. Book Entry System......................................................................................5 Section8.304. Registrar.......................................................................................................6 Section 8.305. Form of Series 2005 Bonds..........................................................................6 Section 8.306. Security for Series 2005 Bonds....................................................................6 Section 8.307. Application of Proceeds...............................................................................6 ARTICLE IV REDEMPTION OF SERIES 2005 BONDS Section 8.401. Optional Redemption Provisions.................................................................7 Section 8.402. Mandatory Redemption...............................................................................7 Section 8.403. Manner of Redemption................................................................................7 Section 8.404. Notice of Redemption..................................................................................7 ARTICLE V FEDERAL TAX PROVISIONS Section 8.501. Limitation of Use of Proceeds.....................................................................8 Section 8.502. Rebate Requirement.....................................................................................9 Section 8.503. Calculation and Payment of Rebate Amount...............................................9 1 ARTICLE VI MISCELLANEOUS Section 8.601. Limitation of Rights...................................................................................10 Section 8.602. SNAP Investment.......................................................................................10 Section 8.603. Severability................................................................................................10 Section 8.604. Effective Date............................................................................................10 Appendix A - Description of the 2005 Project ......................................... Appendix B - Form of the Series 2005 Bonds .......................................... ............................I A-1 ..............................B-1 11 EIGHTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $97,000,000 OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2005, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES AND THE REFUNDING OF CERTAIN BONDS ISSUED UNDER THE MASTER WATER AND SEWER BOND RESOLUTION WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from time to time of water and sewer revenue bonds to finance or refinance the cost of improvements and extensions to its water and sanitary sewer system; and WHEREAS, the Council desires to issue pursuant to the Master Resolution up to $3,696,002 of the $9,513,500 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 11, 1999, up to $4,703,619 of the $7,890,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 9, 2000, up to $8,524,487 of the $11,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 15, 2001, up to $5,208,093 of the $6,930,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 2002, up to $9,215,000 of the $9,215,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 11, 2004, and up to $3,652,799 of the $16,997,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 10, 2005, and to sell such bonds as a single issue in an aggregate principal amount equal to $35,000,000; and WHEREAS, the Council desires to refund all or a portion of the City's Water and Sewer System Revenue and Refunding Bonds, Series of 1993 (the "Series 1993 Bonds"), and the City's Water and Sewer System Revenue Bonds, Series of 2000 (the "Series 2000 Bonds"); and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds (as defined in the Master Resolution); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I EIGHTH SUPPLEMENTAL RESOLUTION Section 8.101. Eighth Supplemental Resolution. This Eighth Supplemental Resolution is adopted pursuant to and in accordance with Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series 2005 Bonds (as hereinafter defined) and to the holders thereof, except as otherwise provided herein. Section 8.102. Meaning of Terms; Definitions. All capitalized terms used herein, and not defined either in this Section or elsewhere in this Eighth Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Eighth Supplemental Resolution. "1993 Refunded Bonds" shall mean the outstanding principal amount of the City's $46,440,000 Water and Sewer Revenue and Refunding Bonds, Series of 1993, being refunded with a portion of the proceeds of the Series 2005 Bonds. "2000 Refunded Bonds" shall mean the outstanding principal amount of the City's $28,000,000 Water and Sewer Revenue Bonds, Series of 2000, being advanced refunded with a portion of the proceeds of the Series 2005 Bonds. "2005 Project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article II. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as registered owner of the Series 2005 Bonds, or its successors or assigns in such capacity. "Escrow Agent" shall mean Wells Fargo Bank, National Association, as escrow agent for the Refunded Bonds. "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement between the City and the Escrow Agent. "Escrow Fund" shall mean the fund established by the Escrow Deposit Agreement. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series 2005 Bonds over (b) the future value of all nonpurpose payments with respect to the Series 2005 Bonds, in each case calculated under Section 8.503 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. 2 "Rebate Amount Certificate" shall have the meaning set forth in Section 8.503. "Refunded Bonds" shall mean the 1993 Refunded Bonds and the 2000 Refunded Bonds. "Registrar" shall mean The Bank of New York, as paying agent and bond registrar for the Series 2005 Bonds. "Series 2005 Bonds" shall mean the Water and Sewer System Revenue and Refunding Bonds, Series of 2005, in the principal amount of up to $97,000,000 to be issued in accordance with the provisions of Article III. "Eighth Supplemental Resolution" shall mean this Eighth Supplemental Resolution which further supplements the Master Resolution. Section 8.103. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Eighth Supplemental Resolution. ARTICLE II 2005 PROJECT Section 8.201. Authorization of 2005 Project. The Council has authorized, and hereby further authorizes, the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program of the City. ARTICLE III ISSUANCE AND SALE OF SERIES 2005 BONDS Section 8.301. Issuance and Sale of Series 2005 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $35,000,000, consisting of up to $3,696,002 of the $9,513,500 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 11, 1999, up to $4,703,619 of the $7,890,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 9, 2000, up to $8,524,487 of the $11,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 15, 2001, up to $5,208,093 of the $6,930,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 2002, up to $9,215,000 of the $9,215,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 11, 2004, and up to $3,652,799 of the $16,997,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 10, 2005, which such bonds shall be issued and sold pursuant hereto. The City also hereby provides for the issuance of water and sewer system revenue and refunding bonds in an amount not to exceed $62,000,000 to refund the Series 1993 Bonds and the Series 2000 Bonds, which such bonds shall be issued and sold pursuant hereto. All such bonds shall constitute Bonds, as defined in the Master Resolution. Section 8.302. Details of Series 2005 Bonds. (a) The Series 2005 Bonds shall be designated "Water and Sewer System Revenue and Refunding Bonds, Series of 2005," shall be numbered R-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $97,000,000, shall bear interest at rates payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City, provided that, no bond shall bear interest at a stated rate of interest greater than 6% per annum, no bond shall mature later than October 1, 2035, and the City shall achieve a minimum present value debt service savings of three percent (3%) as a result of refunding the Series 1993 Refunded Bonds and the Series 2000 Refunded Bonds. The City Manager is hereby authorized to designate the maturities of the Series 1993 Bonds and the Series 2000 Bonds to be refunded by the Series 2005 Bonds. The City Manager is hereby authorized to approve, execute and deliver a Bond Purchase Agreement among the City and the following underwriters (the "Underwriters"), Morgan Keegan and Company, Inc., Lehman Brothers, and A. G. Edwards & Sons, Inc., consistent with the parameters set forth herein, provided that the sale price of the Series 2005 Bonds, without taking into account any original issue discount or premium, shall not be less than 99.6% of the aggregate principal amount thereof. The distribution and use by the Underwriters of the Preliminary Official Statement based upon information provided by the City and other parties to the transaction is hereby approved and the City Manager is hereby authorized to approve the final Official Statement to be dated on or about the date of issuance of the Series 2005 Bonds, with such changes from the draft Preliminary Official Statement presented at this meeting as may be approved by the City Manager, upon the advice of Bond Counsel to the City. The draft Preliminary Official Statement presented at this meeting is hereby deemed final within the meaning of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC"). The City Manager is hereby authorized to execute and deliver the Escrow Deposit Agreement upon advice of the City Attorney and Bond Counsel. (b) Principal of the Series 2005 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the designated corporate trust office of the Registrar. Interest on the Series 2005 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (c) Except as otherwise provided herein, the Series 2005 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. 4 Section 8.303. Book Entry System. Initially, one Series of 2005 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series 2005 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series 2005 Bonds will not receive physical delivery of the Series 2005 Bonds. So long as DTC is acting as securities depository for the Series 2005 Bonds, a book entry system shall be employed, evidencing ownership of the Series 2005 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series 2005 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series 2005 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series 2005 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series 2005 Bonds is not in the best interest of the City or the beneficial owners of the Series 2005 Bonds, the Registrar and the City shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix B with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. In such case, the Series 2005 Bonds would be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series 2005 Bonds (a) it shall be the registered owner of the Series 2005 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Eighth Supplemental Resolution to holders of the Series 2005 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series 2005 Bonds. 5 Section 8.304. Registrar. The selection of The Bank of New York as paying agent and bond registrar for the Series 2005 Bonds is approved. Section 8.305. Form of Series 2005 Bonds. The Series 2005 Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. Section 8.306. Security for Series 2005 Bonds. The Series 2005 Bonds shall be issued pursuant to the Master Resolution and this Eighth Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations; provided, however, the Debt Service Reserve Fund will secure only the Bonds. Section 8.307. Application of Proceeds. The proceeds of the Series 2005 Bonds shall be applied as follows: (a) The amount of Series of 2005 Bond proceeds set forth in the Escrow Deposit Agreement shall be paid to the Escrow Agent and deposited in the Escrow Fund to be invested, together with available amounts transferred to the Escrow Fund from (i) the Interest Account and Principal Account in the Revenue Bond Fund with respect to the Refunded Bonds and (ii) available moneys from the debt service accounts established for the Refunded Bonds. Such amounts shall be used, together with interest earnings thereon, by the Escrow Agent for the sole purpose of paying principal, premium and interest on the Refunded Bonds and the Related Fees. (b) The amount of Series of 2005 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund and, if necessary, funds provided by the City, to equal the Debt Service Reserve Requirement after the issuance of the Series 2005 Bonds shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. (c) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2005 Project and to pay expenses incident to issuing the Series 2005 Bonds. C ARTICLE IV REDEMPTION OF SERIES 2005 BONDS Section 8.401. Optional Redemption Provisions. (a) The Series 2005 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time at redemption prices equal to the principal amount of the Series 2005 Bonds, together with any accrued interest to the redemption date, plus redemption premiums not to exceed 2% of the principal amount of the Series 2005 Bonds to be redeemed, as such redemption premiums may be determined by the City Manager. Section 8.402. Mandatory Redemption. The Series 2005 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. Section 8.403. Manner of Redemption. If less than all the Series 2005 Bonds are called for redemption, the maturities of the Series 2005 Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Series 2005 Bonds of any maturity are called for redemption, the Series 2005 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. In either case, (a) the portion of any Series 2005 Bonds to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Series 2005 Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. Section 8.404. Notice of Redemption. (a) Notice of redemption of the Series 2005 Bonds shall be given in the manner set forth in Section 402 of the Master Resolution. (b) In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or (2) the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected registered owners of the Series 2005 Bonds. I] Any Series 2005 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected registered owners of the Series 2005 Bonds that the redemption did not occur and that the Series 2005 Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section 8.501. Limitation of Use of Proceeds. The City covenants with the holders of the Series 2005 Bonds as follows: (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series 2005 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2005 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series 2005 Bonds to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series 2005 Bonds to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2005 Bonds. (b) The City shall not permit the proceeds of the Series 2005 Bonds or the facilities to be financed with such proceeds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2005 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. (c) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2005 Bonds from gross income for federal income taxation purposes. M. Section 8.502. Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment of the Series 2005 Bonds. Section 8.503. Calculation and Payment of Rebate Amount. (a) The City selects October 1 as the end of the bond year with respect to the Series 2005 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year October 1, 2010, unless such date is changed by the City prior to the date that any amount with respect to the Series 2005 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series 2005 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2005 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2005 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2005 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. 0 ARTICLE VI MISCELLANEOUS Section 8.601. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Eighth Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series 2005 Bonds any legal or equitable right, remedy or claim under or in respect to this Eighth Supplemental Resolution or any covenant, condition or agreement herein contained, this Eighth Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series 2005 Bonds as herein provided. Section 8.602. SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non -Arbitrage Program Pool I (the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. Section 8.603. Severability. If any provision of this Eighth Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 8.604. Effective Date. This Eighth Supplemental Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of September, 2005. Approved as to Content: Approved as to Legal Sufficiency: 1 / 1 102 �._ . . J LT -a City Attorney's Offi CA9749 H:\PA\GG\OrdRes\Water Sewer Bond Resolution RES R-2 September 2, 2005 10 APPENDIX A Description of the 2005 Project City of Virginia Beach, Virginia Water and Sewer System Revenue and Refunding Bonds Series of 2005 The 2005 Project consists of extensions, improvements, enlargements, additions and replacements to the plants, systems, facilities, equipment or property owned, in whole or in part, acquired, operated or maintained by or on behalf of the City of Virginia Beach, Virginia, in connection with the collection, treatment or disposal of sanitary sewer and the supply, treatment, storage or distribution of water. The water system improvements include but are not limited to replacement of existing water mains, construction of new water mains, modification of existing pump stations and small line improvements. The sanitary sewer system improvements include but are not limited to construction of new gravity sanitary sewers, construction of new force mains, modification of existing pumping stations and construction of new pumping stations. FEW APPENDIX B FORM OF SERIES 2005 BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue and Refunding Bond, Series of 2005 INTEREST RATE MATURITY DATE DATED DATE CUSIP October 1, PRINCIPAL AMOUNT: The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York, New York, New York (the "Registrar"), solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning the dated date stated above at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the dated date stated above if this Bond is authenticated prior to April 1, 2006, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment date on registration books kept by the Registrar, Principal, premium, if any, and interest are payable in lawful money of the United States of America. IS Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $97,000,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council, including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on September 13, 2005 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System") and to refund certain Bonds issued under the Resolution, as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's Drought Relief Revenue Bond, 1978, Water and Sewer Revenue Notes, 1982 (County Utilities), Water and Sewer Revenue Notes, 1982 (Kempsville Utilities), Water and Sewer System Revenue and Refunding Bonds, Series of 1993, Taxable Water and Sewer System Revenue Bond, Series of 1994, Taxable Water and Sewer System Revenue Bond, Series of 1997, Taxable Water and Sewer System Revenue Bond, Series of 1998, Water and Sewer System Revenue Bonds, Series of 2000, and Water and Sewer System Revenue Bonds, Series of 2002 (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds are subject to redemption beginning October 1, , in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. Bonds maturing on October 1, , are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 8.402 of the resolution adopted on September 13, 2005, on October 1 in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by registered or certified mail, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner thereof. The City will not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption will be mailed to the registered owners of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. WN The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the dated date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia Date Authenticated: CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within -mentioned Resolution. THE BANK OF NEW YORK, Registrar Loln Authorized Signature ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within -mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. ::ODMA\PCDOCS\DOCSNFK\989948\6 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. me . �21 CL�'s»fn no CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Walton G. Brumley & Jane M. Brumley — Subdivision Variance MEETING DATE: September 13, 2005 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Walton G. Brumley & Jane M. Brumley. Property is located at 6472 Knotts Island Road (GPIN 23378194490000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: Located in the AG-1/ AG-2 Agricultural Districts, the existing lot is a total of 25.87 acres. It is the intent of the applicant to subdivide one 3-acre lot from the existing parcel. A single-family dwelling is proposed for construction on the 3 acres outside of the 100-year floodplain. The residual parcel will be the remaining 22.52 acres. The front portion of this site along Knotts Island Road is located within the flood plain subject to special restrictions. Section 200(c) of the City Zoning Ordinance excludes the floodplain areas, subject to special restrictions, from counting toward the minimum lot area requirement. Section 200(d) (3) indicates that any portion of any line that crosses a part of the lot not counting toward meeting minimum area requirements shall not count toward meeting minimum lot width requirements. The proposed parcels do not meet the minimum lot width requirements due to the flood plain subject to special restrictions being located where the lot width is measured. The Planning Commission placed this item on the consent agenda because a hardship has been demonstrated by the location of the property within the floodplain. 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. The physical character of the property appears to create a hardship. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following condition: Walton G. Brumley & Jane M. Brumley Page 2 of 2 1. The property shall be subdivided substantially as shown on the plat entitled; "Subdivision of Property Parcel Designated G.W. Brumley Knotts Island," dated October 25, 2004 by Bonifant Land Surveys. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 1 Submitting Department/Agency: Planning Department � City Manager: !- , �� WALTON G. BRUMLEY AND JANE M. BRUMLEY Agenda Item # 4 August 10, 2005 Staff Planner: Karen Prochilo yie a n m "'°^ P Z'' Walton &' lane Brumley — AG-1 P-I q P N AG-2 X � � � Back Bay P 1 Mackay Island- NationalWaterfowlArea r i SAG- P-I 1Ag -�� Back Bay G I Virg_ Vrginia __ h rrh Carolina N.ah C of a Srrhdivi<inn Varinnre 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. ADDRESS / DESCRIPTION: Property located on 6472 Knotts Island Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 23378194490000 7 — PRINCESS ANNE Subject Site: 3 acres Total site: 25.87 acres SUMMARY OF REQUEST Existing Lot: Located in the AG-1/ AG-2 Agricultural Districts, the existing lot is a total of 25.87 acres. The proposed lot will be 3 acres with 10 feet (approximately 0.35 acres) dedicated to the City across the front. The residual parcel will be the remaining 22.52 acres. Proposed Lots: It is the intent of the applicant to subdivide one 3-acre lot from the existing parcel. A single-family parcel is proposed for construction on the 3 acres outside of the 100 year floodplain. Item 8994vo Lot B (Residual) Lot Frontage in feet 150 feet 0 feet* 0 feet ** Lot Area in square feet SF 130680 SF (3 Acres) 980971 SF (22.5243,560 Acres) -variance requirea, I b4.12 feet existing frontage in tioodplain **Variance required, 637.15 feet existing frontage in floodplain The proposed plan is currently under subdivision review by the Planning Department/Development Services Center. The front portion of this site along Knotts Island Road is located within the flood plain WALTON G. BRUMLEY and JAN subject to special restrictions. Section 200(c) of the City Zoning Ordinance excludes the floodplain areas, subject to special restrictions, from counting toward the minimum lot area requirement. Section 200(d) (3) indicates that any portion of any line that crosses a part of the lot not counting toward meeting minimum area requirements shall not count toward meeting minimum lot width requirements. The proposed parcels do not meet the minimum lot width requirements due to the flood plain subject to special restrictions being located where the lot width is measured. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural residential SURROUNDING LAND North: 0 Rural residential / Agricultural Districts AG-1/ AG-2 USE AND ZONING: South: 0 Rural residential / Agricultural Districts AG-1 / AG-2 East: . Rural residential / Agricultural District AG-1 West: 0 Rural residential / Agricultural District AG-2 NATURAL RESOURCE AND The subject site is within Special Flood Hazard Area, Flood Zone AE and CULTURAL FEATURES: Flood Zone X. The property also falls within the Southern Watershed. There are no other significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Knotts Island Road is a two lane rural road. There are currently no planned facility improvements for this area at the current time. No information for traffic calculations for Knotts Island Road. WATER & SEWER: City water or sanitary sewer are not available. The proposal will require approval from the Virginia Department of Health for onsite sewage disposal and water supply system. AGRICULTURE: The residual parcel would be an excellent candidate for the Agricultural Reserve Program (ARP). COMPREHENSIVE PLAN The Comprehensive Plan recognizes this property to be a part of the Rural Area. WALTON G. BRUMLEY and J Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION 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 property fronting the street is in the 100-year floodplain, which results in the proposed lot having no measurable width. 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. The physical character of the property does create a hardship. Staff recommends approval of this request subject to the condition below. CONDITIONS 1. The property shall be substantially as shown on the plat entitled; "Subdivision of Property Parcel Designated G.W. Brumley Knotts Island," dated October 25, 2004 by Bonifant Land Surveys. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The 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. WALTON G. BRUMLEY and JANE'I Page 3 AERIAL OF SITE LO WALTON G. BRUMLEY and ION I c �E SG. x� } 3 $ 3A : C•- �L�S'a35c�ar _a 31a: !tts; 3 } j Y1 M 4 . R4w4 Ylit7i 7'6 ?&!.9N !JtRGiVXW. At,�E`.'S b2F?#.ztPJ;A . PROPOSED SITE R{.JkN WALTON G. BRUMLEY and JAN Map Sl to co e Walton Lane Brumley Ma Not to AG-1 P-1 00 AG-2 N Back Bay AG-1 � r o:, of P-1 — 2 Mackay Island �o National Waterfowl Area 0 0 o AG-1 0 oe P-1 _ x AG- Back Bay Virginia AG I Virginia North Carolina North Carolina Subdivision Variance 1 11/09/81 Conditional Use Permit Granted 2 03/28/83 Subdivision Variance Granted 3 07/14/86 Street closure Granted 4 03/08/05 Subdivision Variance Granted ZONING WALTON G. BRUMLEY and ' IT �ISCL(SURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) tll`+Jialton G. "Buster" Brumley & Jane M. Brumley 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) x Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership. firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Z List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) C1 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes Subdiwsenn Variance Appiicabon Page 10 of t i Revisedi 91112004 DISCLOSURE STATEMEN WALTON G. BRUMLEY and JANE M. BRU EY #4 e7 STATEMENTDISCLOSURE ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services,. real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P_C, Bonifant Land Surveys ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2,2-3101. Z "Affiliated business entity relationship„ means "a relationship; other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2,2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing accord tot e insj�ructjons rn tt) package jr' +� Walton G. Brumley i°- _. ✓ T; ; i i(r r -a Jane M. Brumley Apptrcaaii Signature �' ' P Print dame Property Cvvner's Sigriature (if different than applicant) __ Print Name Subdivision Variance Application Page11of11 Revised 9M t2006 too to Am DISCLOSURE STATEMENT WALTON G. BRUMLEY and M. BRUM kgenda' Item Ra LEY #4 ge 8 Item #4 Walton G. Brumley & Jane M. Brumley Subdivision for Walton G. Brumley & Jane M. Brumley 6472 Knotts Island Road District 7 Princess Anne August 10, 2005 CONSENT William Din: The next item is Item #4, which is Walton G. Brumley & Jane M. Brumley. This is an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Walton G. Brumley and Jane M. Brumley. Property is located at 6472 Knotts Island Road in the Princess Anne District with one condition. Eddie Bourdon: Thank you Mr. Vice Chair, for the record, Eddie Bourdon, a Virginia Beach attorney representing the Brumley's. We are in accord with the one condition and appreciate be placed on the consent agenda. William Din: Thank you Mr. Bourdon. Is there any objection to placing this item on consent agenda? If not, Mr. Knight will explain this issue. Barry Knight: Yes. This piece of property is in the Princess Anne District on the north end of Knotts Island. The subject site is close to 26 acres and he wants to cut three acres out of there so he will have on additional home site. The reason he had to come before us is because some of the property, of course, is fronting the road. The road width is within a flood plain so we see a hardship just because a little bit of the property frontage is on the road and being in the flood plain. We don't think it will impact the property or the neighborhood detrimentally so this is also in keeping with the rule of character down there and the north end of Knotts Island so we placed it on consent agenda. William Din: Thank you Barry. I would like to make a motion to place on the consent agenda for today. Item #4 Walton G. Brumley & Jane M. Brumley, it's an appeal to the elements of a subdivision ordinance on property located at 6472 Knotts Island Road in the Princess Anne District with one condition. Do I hear a second? Donald Horsley: Second. William Din: A second by Mr. Horsley. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE Item #4 Walton G. Brumley & Jane M. Brumley Page 2 DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Dorothy Taylor: By a vote of 11-0, the Board has approved Item #4 for consent. Map P-24 Ma Not to Scale P-1 I N J' P-1 Mackay Island >, National Waterfowl Area Walton & AG-2 AG-1 ane Brum AG-1 m oC AG1-I 'Z. 00 P-1 u - AG- 6C %P-I� o o rc Back Bay ( AG I ° Virginia Virginia North Carolina orth Carolina Back Bay Variance U��N 1.% 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Changes to a Nonconforming Use on Property Located at 412 26th Street, in the Beach District MEETING DATE: September 13, 2005 ■ Background: A Resolution upon Application of Ty Brown for a Change to a Nonconforming Use on property located at 412 26th Street (GPIN 24189091510000). DISTRICT 6 - BEACH ■ Considerations: The applicant wishes to demolish and replace an existing nonconforming single- family dwelling unit, a cottage, located on the rear of the site. The site was developed in 1925 and is one of the many 30-foot wide lots existing in the Old Beach Neighborhood. The existing cottage encroaches into the alley and across both side property lines onto adjacent properties. The applicant proposes a new single-family cottage to be set five feet from the eastern (side) property line, two feet from the alley, and "0" feet from the western (side) property line. The cottage will front on the alley with an open porch, eight foot in depth and 13-feet in width, the main building wall will be 10-feet from the alley. A 10-foot wide by 38-feet deep parking area and open carport will be located along the western side property line. Above the carport will be an open deck and a portion of the second story. The first floor building wall will be 10-feet from the western (side) property line. While this side of the home will technically be at the "0" setback, the open carport / deck combination will provide a feeling of openness. An open area of 25-feet will be provided between the existing single-family dwelling fronting 26th Street and the new single-family dwelling fronting the alley. The proposed dwelling is designed in a modified coastal cottage type look. The applicant is proposing the use of hardi-plank siding with decorative faux cedar shake in the pediments. A half circle window in the second story pediment provides architectural relief. Shed style roofs of architectural grade shingles and exposed rafters extend over the first and second floors. The first floor porch is open with vinyl railing. The applicant also proposes the addition of a screened porch on the principal residential unit fronting on 26th Street. City of Virginia Beach — Ty Brown Page 2 of 3 ■ Recommendations: Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff recommends approval of this request. The application for a change to a Non -Conforming Use is compatible with the Comprehensive Plan recommendations for the area and is generally in keeping with the proposed Old Beach Design Guidelines. One of the main goals of the proposed Old Beach Design Guidelines is to turn back time in the Old Beach neighborhood by encouraging the redevelopment of parcels with primary and secondary residential structures, as was done in the early 1900's when the Beach Proper was forming. The demolition and replacement of the single-family cottage meets the intent of the proposed guidelines. Additionally the project will solve several issues on the site. The first issue to be solved is the problem of the encroachments. Currently the existing cottage encroaches into the alley and over both side property lines and onto adjacent properties. The new cottage will be two feet from the alley, with the main building wall 10-feet from the alley, five feet from the eastern property line, and "0" feet from the western property. The zero setback is a little deceiving as there will be an open carport on the western side of the site, with the first floor building wall located 10-feet from the property line. The other issue to be resolved is on -site parking, which currently does not exist. Providing two on -site parking spaces for the cottage solves this. Proposed cosmetic improvements to the existing principal single-family dwelling fronting on 26th Street will meet the intent of the Old Beach Design Guidelines provided the first floor porch is open and not screened. The proposed change to a Non -Conforming Use is reasonable, will have a minimal impact, and is as appropriate to the district as the existing non- conforming use. The request, therefore, is acceptable subject to the conditions listed below. 1. The site shall be developed substantially in accordance with the submitted site plan. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed structure shall be constructed substantially in accordance with the submitted elevations titled Front Elevation, Left Side Elevation, and Right Side Elevation. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. The applicant shall employ the use of sound attenuation building materials for structures located within a 65-70dB Ldn AICUZ noise zone as required by the Virginia Uniform Statewide Building Code (USBC). 4. Building colors are limited to earth tone color palettes. All windows shall be vinyl, all deck and porch railings shall be vinyl wrapped, and deck and porch floors shall be concrete, brick, stone or composite deck material. City of Virginia Beach — Ty Brown Page 3of3 The applicant shall submit detailed architectural elevation plans, materials list and color palette to the Current Planning Division of the Planning Department during detailed site plan review. 5. The proposed front porch on the primary residential unit fronting 26th Street shall not be enclosed. ■ Attachments: Resolution Staff Review Disclosure Statement Recommended Action: staff recommends approval with conditions. Submitting Department/Agency: Planning Department City Manager: t4- • 'b� W-�- 1 A RESOLUTION AUTHORIZING CHANGES TO A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 412 3 26TH STREET, IN THE BEACH DISTRICT 4 5 WHEREAS, Ty Brown (hereinafter the "Applicant"), has made 6 application to the City Council for authorization to demolish 7 and replace a nonconforming single-family dwelling situated on a 8 certain lot or parcel of land having the address of 412 26th 9 Street, in the A-12 Apartment District; and 10 WHEREAS, the said single-family dwelling is nonconforming 11 in that there are two single-family dwellings on the same 12 parcel, which is not allowed in the A-12 Apartment Zoning 13 District. The parcel was developed prior to the adoption of the 14 Zoning Ordinance. The nonconforming single-family dwelling also 15 encroaches onto the City -owned alley and adjacent properties; 16 and 17 WHEREAS, pursuant to Section 105 of the City Zoning 18 Ordinance, changes to a nonconforming use are unlawful in the 19 absence of a resolution of the City Council authorizing such 20 action upon a finding that the proposed use, as changed, will be 21 equally appropriate or more appropriate to the zoning district 22 than is the existing use; 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That the City Council hereby finds that the proposed use, 26 as changed, will be equally appropriate to the district as is 27 the existing use. 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That the proposed demolition and replacement of the 31 Applicant's nonconforming single-family dwelling is hereby 32 authorized, upon the following conditions: 33 1. The site shall be developed substantially in 34 conformance with the submitted site plan. Said plan has been 35 exhibited to the City of Virginia Beach City Council and is on 36 file in the City of Virginia Beach Planning Department. 37 2. The proposed structure shall be constructed 38 substantially in accordance with the submitted elevations titled 39 Front Elevation, Left Side Elevation, and Right Side Elevation. 40 Said elevations have been exhibited to the City of Virginia 41 Beach City Council and are on file in the City of Virginia Beach 42 Planning Department. 43 3. The applicant shall employ the use of sound 44 attenuation building materials for structures located within a 45 65-70 dB Ldn AICUZ noise zone as required by the Virginia 46 Uniform Statewide Building Code (USBC). 2 47 4. Building colors are limited to earth tone color 48 palettes. All windows shall be vinyl, all deck and porch 49 railings shall be vinyl wrapped, and deck and porch floors shall 50 be concrete, brick, stone or composite deck material. The 51 applicant shall submit detailed architectural elevation plans, 52 materials list and color palette to the Current Planning 53 Division of the Planning Department during detailed site plan 54 review. 55 5. The proposed front porch on the primary residential 56 unit fronting 26th Street shall not be enclosed. 57 58 Adopted by the Council of the City of Virginia Beach on the 59 day of September, 2005. CA-9744 OID\Ordres\nonconforming-brown.doc R-1 August 25, 2005 APPROVED AS TO CONTENT: Planning Department APPR VED AS TO LEGAL SUFFICIEN Y: -- City Attorne 's Office 3 TY BROWN Staff Planner: Faith Christie REQUEST: Chance to a Nonconforming Use for demolition and replacement of an existing single-family dwelling where two single-family dwellings exist upon one lot. ADDRESS / DESCRIPTION: Property located at 412 26th Street GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24189091510000 6 - BEACH 4,200 square feet The applicant wishes to demolish and replace an existing SUMMARY OF REQUEST nonconforming single-family dwelling unit, a cottage, located on the rear of the site. The site was developed in 1925 and is one of the many 30-foot wide lots existing in the Old Beach Neighborhood. The existing cottage encroaches into the alley and across both side property lines onto adjacent properties. The applicant proposes a new single-family cottage to be set five feet from the eastern (side) property line, two feet from the alley, and "0" feet from the western (side) property line. The cottage will front on the alley with an open porch, eight foot in depth and 13-feet in width, the main building wall will be 10-feet from the alley. A 10-foot wide by 38-feet deep parking area and open carport will be located along the western side property line. Above the carport will be an open deck and a portion of the second story. The first floor building wall will be 10-feet from the western (side) property line. While this side of the home will technically be at the "0" setback, the open carport / deck combination will provide a feeling of openness. An open area of 25-feet will be provided between the existing single-family dwelling fronting 26th Street and the new single-family dwelling fronting the alley. The proposed dwelling is designed in a modified coastal cottage type look. The applicant is proposing the use of hardi-plank siding with decorative faux cedar shake in the pediments. A half circle window in the second story pediment provides architectural relief. Shed style roofs of architectural grade shingles and exposed rafters extend over the first and second floors. The first floor porch is open with vinyl railing. The applicant also proposes the addition of a screened porch on the principal residential unit fronting on 26th Street. NON Agenda Item # 1 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is occupied by two single-family dwellings, constructed in 1925. The principal single-family dwelling fronts 261h Street. The single-family dwelling, cottage, proposed for demolition and replacement encroaches into the alley, and over both side property lines. SURROUNDING LAND North: . 26th Street USE AND ZONING: . Across 26th Street are Single-family, duplex and multi -family dwellings / A-12 Apartment South: . An alley • Across the alley are multi -family dwellings / A-36 Apartment East: . Single-family dwelling / A-12 Apartment West: . Single-family dwelling / A-12 Apartment NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. Under the Navy's Air Installations Compatible Use Zones (AICUZ) program residential use is generally incompatible in this zone. The re- development proposal on a pre-existing nonconforming use meets criteria set forth in the Interim Guidelines for Development in the AICUZ to be considered by the Planning Commission and City Council. Measures to achieve noise level reduction should be incorporated to achieve acoustical standards as set forth in the Virginia Beach Zoning Ordinance. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 26 Street is a local residential street. There will be no impact on existing traffic. WATER and SEWER: The site is connected to city water and sewer. SCHOOLS: There will be no impact upon the school system. The Comprehensive Plan Map designates this area of the city COMPREHENSIVE PLAN as the Oceanfront Resort Area. The Oceanfront Resort Area Concept Plan and the Creating an Old Beach District Center Plan contain general planning guidance and principles with regard to protecting NON Agenda Item # 1 Page 2 established neighborhoods in the resort area. These neighborhoods have been the focus of current and programmed capital improvement projects orchestrated to achieve multiple positive outcomes. The boundaries of the Old Beach neighborhood are 27 and %2 Street and Beach Garden Park to the north, Parks Avenue to west, 22 and % Street to the south, and a varying line within the 300 block west of Pacific Avenue. The neighborhood is working with the City's Planning Department to draft ordinances that: (1) establish an Old Beach Overlay District, and (2) Place into a legal zoning form the land use and design concepts expressed by the Old Beach focus group. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The application for a change to a Non -Conforming Use is compatible with the Comprehensive Plan recommendations for the area and is generally in keeping with the proposed Old Beach Design Guidelines. One of the main goals of the proposed Old Beach Design Guidelines is to turn back time in the Old Beach neighborhood by encouraging the redevelopment of parcels with primary and secondary residential structures, as was done in the early 1900's when the Beach Proper was forming. The demolition and replacement of the single-family cottage meets the intent of the proposed guidelines. Additionally the project will solve several issues on the site. The first issue to be solved is the problem of the encroachments. Currently the existing cottage encroaches into the alley and over both side property lines and onto adjacent properties. The new cottage will be two feet from the alley, with the main building wall 10-feet from the alley, five feet from the eastern property line, and "0" feet from the western property. The zero setback is a little deceiving as there will be an open carport on the western side of the site, with the first floor building wall located 10-feet from the property line. The other issue to be resolved is on -site parking, which currently does not exist. Providing two on -site parking spaces for the cottage solves this. Proposed cosmetic improvements to the existing principal single-family dwelling fronting on 26th Street will meet the intent of the Old Beach Design Guidelines provided the first floor porch is open and not screened. The proposed change to a Non -Conforming Use is reasonable, will have a minimal impact, and is as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable subject to the conditions listed below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed structure shall be constructed substantially in accordance with the submitted elevations NON Agenda Item # 1 Page 3 titled Front Elevation, Left Side Elevation, and Right Side Elevation. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. The applicant shall employ the use of sound attenuation building materials for structures located within a 65-70dB Ldn AICUZ noise zone as required by the Virginia Uniform Statewide Building Code (USBC). 4. Building colors are limited to earth tone color palettes. All windows shall be vinyl, all deck and porch railings shall be vinyl wrapped, and deck and porch floors shall be concrete, brick, stone or composite deck material. The applicant shall submit detailed architectural elevation plans, materials list and color palette to the Current Planning Division of the Planning Department during detailed site plan review. 5. The proposed front porch on the primary residential unit fronting 26th Street shall not be enclosed. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The 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. NON Agenda Item # 1 Page 4 Se' /s.o' 8 t 7 ��usi.atlii� . mac. #hiv A*V6 0 Y elA',Y r PROPOSED SITE PLAN NON Agenda Item # 1 Page 6 sltii�3G- {?bLc l2 H A rLp\( Pi �tH it 1 i D I n; G- WHIT. t Dui V w y I W iNbDAJS. A{Z,-C)4 r-riEi?'fUt21tL SRiA144-cam PROPOSED FRONT ELEVATION PLAN NON Agenda Item # 1 Page 7 PROPOSED WEST SIDE ELEVATION PLAN NON Agenda Item # 1 Page 8 N sr I + I PROPOSED PORCH ELEVATION PLAN FOR PRINCIPAL RESIDENTIAL UNIT NON Agenda Item # 1 Page 9 Map Map Not to Scale r1 i0,1_00000 Non -Conforming [ JSP T 7'% EAV1 MICIY/�l'1� 1. 3/23/04 Demolish and replace a Nonconforming Use (Replace 2 Approved Multiple -family buildings with 2 Single-family dwellings) 2. 12/17/96 Conversion of a Nonconforming Use (Convert a Cottage Approved into a two-story structure with Garage on first floor and Apartment on second floor ZONING HISTORY NON Agenda Item # 1 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a pare nt-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Non Conforming Use Application Page 8 of 9 R--] 9/1/2004 DISCLOSURE STATEMENT NON Agenda Item # 1 Page 11 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Ave,ne Y bnrcx - IacN,r&cT 61.: v CTE"�'t4 L CGn nAe.TO(L �iEPNCfvbeh C - (Q Sc�rwtv�c/1 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject prop y at least 30 daygprior to the scheduled public hearing accordingto the in this acka e Applicant's Sign�e Print Name --------------------------------------------- ----------------- Property Owner's Signature (if different than applicant) Print Name Non -Conforming Use ApphCalion Page 9 of 9 R—sed 9/112004 DISCLOSURE STATEMENT NON Agenda Item # 1 Page 12 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD YIRGINIA BEACH, VIRGINIA 23460-2191 w Aear REFER ,0 5726 RECEIVED July 26,42005 Ms. Faith Christie JUL Z 9 2005 City of Virginia Beach Department of Planning PLANNING DEPARTMENT 2405 Courthouse Drive, Building 2 Virginia Beach, VA 23456-9040 Dear Ms. Christie: Thank you for the opportunity to review the Non -Conforming Use Application by Ty Broom, to replace an existing cottage at 412 26-" Street. The site is located in the 65-70 decibel (dB) day -night average (Ldn) noise zone. Under the Navy's Air Installations Compatible Use Zones (AICUZ) program residential use is generally incompatible in this zone. This re -development proposal on a pre-existing non- conforming use meets criteria set forth in the Interim Guidelines for Development in the AICUZ to be considered by the Planning Commission and City Council. Measures to achieve noise level reduction should be incorporated to achieve acoustical standards as set forth in the Virginia Beach Zoning Ordinance. If you have any questions, contact my Community Planning Liaison Officer, Mr. Ray Firenze at (757) 433-3158. Sincerely and very L / hF. EY Cap 1 U. Navy Comma ing fficer Copy to: COMNAVREG MTDLANT (00/NO2B) LANTDIV Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission respectfully, AICUZ LETTER NON Agenda Item # 1 Page 13 F � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Tidewater Imports, Inc. T/A Hall Nissan Virginia Beach MEETING DATE: September 13, 2005 ■ Background: An Ordinance upon Application of Tidewater Imports, Inc. t/a Hall Nissan Virginia Beach for a Conditional Use Permit for a communications tower on property located on the north side of 1-264, extending from the east side of Pine Street to the west side of Poplar Street (GPIN 14875316860000). DISTRICT 3 — ROSE HALL ■ Considerations: The applicant requests a Conditional Use Permit to allow a communication tower to be relocated onto the subject site, which is an undeveloped parcel within a large auto sales/repair complex. The master plan for the auto sales/repair complex, approved by City Council on 09/09/03, shows this site to be developed with a building for aftermarket installations and associated parking. The communication tower is currently located on property owned by the applicant on the east side of Butternut Lane, within the confines of the same auto sales/repair complex. The relocation is necessary due to planned improvements to the Butternut Lane property shown on the master plan approved by City Council on 09/09/03. The Planning Commission placed this item on the consent agenda since the proposed tower meets the location criteria contained in the zoning ordinance and is compatible with this commercial area. The proposed tower will allow room for more servers and provide increased cell phone coverage. There will be little change to the visual impact at the new tower location as compared to the current location. The relocation of the tower will facilitate the development of a master plan approved by City Council on 09/09/03. In addition, the new tower will provide a larger ground lease area that can better accommodate multiple tower users. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: Tidewater Imports, Inc. T/A Hall Nissan Virginia Beach Page 2 of 3 1. The existing 180 foot tall communication tower located on the east side of Butternut Lane (108 Butternut Lane) shall be removed within 30 days of the new tower installation. 2. The applicant must submit to Current Planning written confirmation that all existing users on the existing communications tower are aware and acknowledge the relocation and have been given the option to relocate on the new tower with no adverse impacts to their business prior to site plan approval for the new tower. 3. The tower shall be limited in height to 180 feet. 4. The tower shall be constructed substantially in adherence to the site plan entitled "Cell Tower, Hall Property Virginia 10341 E" dated 05/02/05 and prepared by MSA, P.C. This site plan has been exhibited to City Council and is on file with the Department of Planning. 5. The tower shall be constructed to accommodate equipment for at least three additional wireless providers. A structural report to confirm this shall be provided at detailed site plan review. 6. 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. 7. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 8. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Tidewater Imports, Inc. T/A Hall Nissan Virginia Beach Page 3of3 Submitting Department/Agency: Planning Department\ City Manager: k , "�br TIDEWATER IMPORTS, INC. T/A HALL NISSAN VIRGINIA BEACH Agenda Item # 3 August 10, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Conditional Use Permit for the relocation of a communication tower wu - Lommunicauon towet ADDRESS / DESCRIPTION: Property located on the north side of 1-264, extending from the east side of Pine Street to the west side of Poplar Street. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14875316860000 3 — ROSE HALL 2 acres The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST communication tower to be relocated onto the subject site, which is an undeveloped parcel within a large auto sales/repair complex. The master plan for the auto sales/repair complex, approved by City Council on 09/09/03, shows this site to be developed with a building for aftermarket installations and associated parking. The communication tower is currently located on property owned by the applicant on the east side of Butternut Lane, within the confines of the same auto sales/repair complex. The relocation is necessary due to planned improvements to the Butternut Lane property shown on the master plan approved by City Council on 09/09/03. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped parcel SURROUNDING LAND North: a Virginia Beach Schools Credit Union/13-2 Community Business USE AND ZONING: District South: 0 Interstate 264 East: . Poplar Street West: a Pine Street NATURAL RESOURCE AND The site is wooded, however, the existing trees will be removed for CULTURAL FEATURES: development in accordance with the master plan approved by City Council on 09/09/03. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN Strategic Growth Area #5 — North Rosemont Area. The plan recommends that this area should be transformed from its existing suburban and predominantly commercial land use pattern to one that provides a more balanced mix of urban residential and commercial uses. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. There is little change to the visual impact at the new tower location as compared to the current location. The relocation of the tower will facilitate the development of a master plan approved by City Council on 09/09/03. In addition, the new tower will provide a larger ground lease area that can better accommodate multiple tower users. The proposed tower meets the location criteria contained in the zoning ordinance and is compatible with this commercial area. CONDITIONS 1. The existing 180 foot tall communication tower located on the east side of Butternut Lane (108 Butternut Lane) shall be removed within 30 days of the new tower installation. 2. The applicant must submit to Current Planning written confirmation that all existing users on the existing communications tower are aware and acknowledge the relocation and have been given the option to relocate on the new tower with no adverse impacts to their business prior to site plan approval for the new tower. 3. The tower shall be limited in height to 180 feet. 4. The tower shall be constructed substantially in adherence to the site plan entitled "Cell Tower, Hall Property Virginia 10341 E" dated 05/02/05 and prepared by MSA, P.C. This site plan has been exhibited to City Council and is on file with the Department of Planning. 5. The tower shall be constructed to accommodate equipment for at least three additional wireless providers. A structural report to confirm this shall be provided at detailed site plan review. 6. 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. 7. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 8. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The 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. TIDEWATER IMPORTS, INC. T/A HALL NISSAN VI AERIAL OF SITE LOCATION TIDEWATER IMPORTS, INC. T/A HALL NISSAN VIRGINIA BE Agenda Ite P �H 3 94 PROPOSED SITE PLAN 4G MASTER PLAN APPROVED ON 09/09/03 TIDEWATER IMPORTS, INC. T/A HALL NISSAN VI /170 7 W R. � � I 01 sell -2I I-1 001 002 B 00I of 13 ] I] 021 034 03G n ❑ 010 THIRD CUP - Communication Tower 1 08/11/86 Conditional Use Permit for auto GRANTED sales/service 2 10/13/86 Conditional Use Permit for auto GRANTED sales/service 3 01/23/96 Conditional Use Permit for GRANTED communication tower 4 06/05/01 Conditional Use Permit and Street GRANTED Closure for auto body shop 5 12/10/02 Conditional Use Permit for auto sales GRANTED _(parking lot expansion) 6 01/28/03 Street Closure GRANTED 7 09/09/03 Conditional Use Permit for auto GRANTED sales/service TIDEWATER IMPORTS, INC. T/A HALL NISSAN VI --#rr DISCLOSURE STATEMENT E� atr APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following 1, gist the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent- subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) . List all businesses that have a that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' i ,See next page for footnotes Ces;ditional Use Permd Application Page '9 0 of t t Revised 100; 2303 DISCLOSURE, ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, and legal services. (Attach list if necessary) ' *Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, V a. Cone § 2.2-31 Q1. '2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (1) one business entity has a controlling.ownearship interest in the other business entity, (ii) a controlling owner]two one entity, Is also a controlling owner in the other entity, or (ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationsh include that the same person or substantially the same person awry or manages thentities; there are common or commingled funds or assets; the business entities the use of the same offices or employees Car otherwise share activities, resourcespe3rsonne:l o€x a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Codes § 2,2-3101. CERTIFICATION-. I certify that the information contained herein is true and accurate, i understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at IeAst,30 days prior to the scheduled public hearing sI9 Condi"nai Use PemAAPPYwefian Page tY of 9 eviseo 101/12003 TIDEWATER IMPORTS, INC. T/A HALL NISSAN VI Tidewater Imparts, Inc. t/a Hall Nissan - Virginia Beach, Va The officers are; Kenneth A. Hall; Chairman & CEO Thaddeus J. Nowak, President & COO Bill Baker, Secretary/Treasurer & CFO Richard Geczi;, Vice President & General Manager TIDEWATER IMPORTS, INC. T/A HALL NISSAN VI Item #3 Tidewater Imports, Inc. t/a Hall Nissan Virginia Beach Conditional Use Permit North side of Second Street District 3 Rose Hall August 10, 2005 Dorothy Wood: The next order of business is the consent agenda. The Vice Chairman will handle this portion of the agenda. William Din: Thank you Ms. Wood. Today we have 16 items included for today's consent agenda. As I read each of the items will the representative or the applicant please come forward to the podium, state your name, your relationship to the application, and if there are conditions associated with that item please indicate that you have read all the conditions and agree with those conditions. My first item that I have is Item #3, which is Tidewater Imports, Inc. t/a Hall Nissan Virginia Beach. This is a Conditional Use Permit for a communications tower on property located on the north side of Second Street, extending from the east side of Pine Street to the west side of Poplar Street in the Rose Hall District, and there are eight conditions. Bill Gambrell: Mr. Din. Madame Chairman, my name is Bill Gambrell. I represent the applicant Tidewater Imports Hall Nissan. All the conditions are acceptable. William Din: Thank you Mr. Gambrell. Is there any opposition to placing this item on consent agenda? If not, we have a commissioner who will explain why we have placed this on consent. For this item it is Mr. Crabtree. Eugene Crabtree: This site is in a wooded area that is owned by the applicant. They propose to remove a current communications tower and replace it with a new one of the same height. The new tower will have more access for servers and will consequently give the area better cell phone coverage. This is in conformance with the Comprehensive Plan for this area, and in this particular area as far as the Strategic Growth area is concerned. Since the old tower and the new tower are both on the same property of the owners, we put this on the consent agenda. William Din: Thank you Gene. I would like to make a motion to place on the consent agenda for today. Item #3, Tidewater Imports, Inc. t/a Hall Nissan Virginia Beach request for a Conditional Use Permit for a communications tower in the Rose Hall District with eight conditions. That is my motion. Do I hear a second? Donald Horsley: Second. Item #3 Tidewater Imports, Inc. t/a Hall Nissan Virginia Beach Page 2 William Din: A second by Mr. Horsley. Dorothy Wood: Mr. Miller. Robert Miller: I need to abstain from Item #3, which is Tidewater Imports t/a Hall Nissan. My firm is working on that project. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS I ABSENT 0 ABS Dorothy Taylor: By a vote of 10-0, with the abstention so noted, the Board has approved Item #3 for consent. �■� +s+�eaTrrsrrrr -WE —el 1-1 %01 o' U 47 oze Ms CUP - Communication Tower c'P�h ^ B17 cFl �°'y'� 7.} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: James A. Casper — Conditional Use Permit (contractor's storage yard) MEETING DATE: September 13, 2005 ■ Background: An Ordinance upon Application of James A. Casper for a Conditional Use Permit for a contractor's storage yard on property located at 1297 Baker Road (GPIN 14599195790000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicant is requesting a Conditional Use Permit to allow development of the site for a bulk storage yard for building materials and equipment. The submitted site plan depicts the site as being improved with an office building and garage area. The proposed bulk storage area is shown in the northwestern portion of the site adjacent to a 30-foot access easement for Virginia Power and the Norfolk and Southern right-of-way. A storm water management facility is proposed at the southern end of the site adjacent to the mobile home park. Additionally, a 25-foot wide buffer of Category II and VI screenings are proposed along the southern property lines. The Category II screening provides a dense evergreen buffer adjacent to the mobile home park. The Category VI screening is required around the bulk storage area and provides a solid fence and dense shrubs. Street frontage screening, interior parking lot landscaping and foundation screening are also depicted on the proposed site plan. The Planning Commission placed this item on the consent agenda since the proposal is in conformance with the Comprehensive Plan's recommendations for this area. The submitted site plan complies with the Comprehensive Plan policies established for Strategic Growth Area #1. These policies include a demonstration that the site and building design are consistent with the land use recommendations for this strategic growth area, the provision of safe and functional vehicular and pedestrian access and circulation, adequate landscaping and buffering of the use, and the provision of a functional and attractive storm water management system. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: James A. Casper Page 2of2 The site shall be developed substantially in accordance with the submitted site plan entitled "Baker Road, Va. Beach, Va., for Conditional Use Permit Only", prepared by KCI Technologies, and dated 5/24/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The bulk storage area shall only be used for the storage of building materials and equipment accessory to the applicant's business. There shall be no storage of inoperable contractor equipment or vehicles on the site. There shall be no storage of motor vehicles. There shall be no sale of or the processing of scrap, salvage or secondhand materials on the site. 3. Building materials and equipment shall not be stacked higher than six (6)-feet and shall maintain a minimum five (5)-foot setback from the required fencing. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 5. The bulk storage yard may be gravel provided a waiver of on -site improvements is requested to and approved by the Planning Director. ■ 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: JAMES A. CASPER Agenda Item # 6 August 10, 2005 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for Contractors Storage Yard James A. Casper may, B- I -I a 0 D0� o l o e 2 CUY for Contractor's 5toragc Yard ADDRESS / DESCRIPTION: Property located 1297 Baker Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14599195790000 4 - BAYSIDE 113,692 square feet The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a bulk storage yard for building materials and equipment. The submitted site plan depicts the site as being improved with an office building and garage area. The proposed bulk storage area is depicted in the northwestern portion of the site adjacent to a 30-foot access easement for Virginia Power and the Norfolk and Southern right-of-way. A storm water management facility is proposed at the southern end of the site adjacent to the mobile home park. Additionally a 25-foot wide buffer of Category II and VI screenings are proposed along the southern property lines. The Category II screening provides a dense evergreen buffer adjacent to the mobile home park. The Category VI screening is required around the bulk storage area and provides a solid fence and dense shrubs. Street frontage screening, interior parking lot landscaping and foundation screening are also depicted on the proposed site plan. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is currently being developed with an office / garage building and required parking. SURROUNDING LAND North: . Norfolk and Southern Right-of-way USE AND ZONING: . To the north of the right -of way is the Airport Industrial Park / 1-1 Light Industrial South: . Mobile home park / A-12 Apartment East: . Baker Road • Across Baker Road is industrial property / 1-1 Light Industrial West: . Virginia Power Substation / 1-1 Light Industrial JAMES A. CASPER AgendaItem # 6 Page 1 NATURAL RESOURCE AND The site is currently under development. There are no natural resources CULTURAL FEATURES: or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road in front of this request is a two-lane undivided minor suburban arterial. There are no capital improvement projects slated for this area. There are shall be no additional entrances allowed for this site with the addition of a storage yard. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Baker Road 7,266 ADT 13,600 ADT Existing Land Use — 67 ADT Proposed Land Use 3- 67 (no change with proposed use Average Daily Trips s as defined by proposed office / garage s as defined by proposed office, garage and bulk storage WATER: This site must connect to City water. SEWER: This site must connect to City sanitary sewer. FIRE: Storage of hazardous, flammable or combustible materials on -site shall be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. Outside storage of combustible materials shall not be located within 10-feet of a property line or any other building on the site. The separation distance may be reduced by: The Code Official when he determines that there is no hazard to adjoining properties, or The required distance may be reduced to three (3)-feet when the stored materials do not exceed six (6)-feet in height. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Strategic Growth Area #1. The Plan policies for this Strategic Growth Area recognize that this area has evolved into a major employment center in South Hampton Roads. The policies also recommend that where opportunities exist, this employment center's strengths as a major corporate, employment and industrial base be continued, contingent upon a common set of planning principles being met regarding JAMES A. CASPER AgendaItem # 6 Page 2 efficient use of land resources; full use of urban services; compatible mix of uses; range of transportation opportunities; and detailed human design. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The submitted site plan complies with the Comprehensive Plan policies established for Strategic Growth Area #1. These policies include a demonstration that the site and building design are consistent with the land use recommendations for this strategic growth area, the provision of safe and functional vehicular and pedestrian access and circulation, adequate landscaping and buffering of the use, and the provision of a functional and attractive storm water management system. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Baker Road, Va. Beach, Va., for Conditional Use Permit Only", prepared by KCI Technologies, and dated 5/24/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The bulk storage area shall only be used for the storage of building materials and equipment accessory to the applicant's business. There shall be no storage of inoperable contractor equipment or vehicles on the site. There shall be no storage of motor vehicles. There shall be no sale of or the processing of scrap, salvage or secondhand materials on the site. 3. Building materials and equipment shall not be stacked higher than six (6)-feet and shall maintain a minimum five (5)-foot setback from the required fencing. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 5. The bulk storage yard may be gravel provided a waiver of on -site improvements is requested to and approved by the Planning Director. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The 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. AERIAL OF SITE 1. 5/14/96 Conditional Use Permit Bulk Storage — Motor Vehicles Approved 2. 7/9/96 Conditional Use Permit Communication Tower Approved 3. 12/8/92 4/26/94 Conditional Use Permit (Communication Tower) Subdivision Variance Approved Approved 4. 12/9/97 Street Closure Approved 5. 9/10/96 Conditional Use Permit (Motel, Bulk Storage and Truck Wash) Approved DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Casper Jones LLC 2, List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant, If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the property owner name followed by the names of ail officers, members, trustees, partners, etc, below: (Attach list it necessary) Casper Jones LLC President Secretary 2, List all businesses that have a pare nt-su bsidia ry' or affiliated business entity relationship with the applicant: (Attach list if necessary) © Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, flC�.Xt pare for footnotes Gcml5 tio�al LA. , Ppmi>..iFplwwjc'o F cre 'i of V) Rc,,s%ea 9tV2004 DISCLOSURE ADDITIONAL DISCLOSURES Gist all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal se ices: (Attach list if necessary) rallenge Constructors Psimas "}parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101, 2 'Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." ,See State and Local Government Conflict of interests Act, Va, Code § 2,2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, i am 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. _._.__......... __.__...._------- Applicants Signature Print Name JA--t-216E ex 'different P perty Owners Signatuura (cif than applicant) Print Name C-u.dltional Use Permit Apia catin Page 10 of 10 Revissd 919 2004 DISCLOSURE STATEMENT J Item #6 James A. Casper Conditional Use Permit 1297 Baker Road District 4 Bayside August 10, 2005 CONSENT William Din: My next item is Item #6, which is James A. Casper. This is a request for a Conditional Use Permit for a contractor's storage yard on property located on 1297 Baker Road in the Bayside District. There are five conditions. James Casper: Good evening. My name is James A. Casper, and I'm part owner of the property, and I agree with the five conditions. William Din: Thank you Mr. Casper. Is there any objection to placing this item on the consent agenda? If not, Mr. Ripley would you please talk on this issue. Ronald Ripley: Again, we felt this was routine. The property is industrial zoned property on Baker Road, and it's located just outside of the Airport Industrial Park. It abuts high tension power lines, and also abuts the Norfolk and Southern right-of-way, and a trailer park. This applicant wishes to simply add building material storage to the outside, and there were conditions provided so it doesn't stack up higher than six feet. We felt that this was a logical item to go on consent. William Din: Thank you again Ron. I would like to make a motion to place on the consent agenda for today. Item #6 James A. Casper, a Conditional Use Permit request for a contractor's storage yard located at 1297 Baker Road in the Bayside District with five conditions. Do I hear a second? Donald Horsley: Second. William Din: A second by Mr. Horsley. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE Item #6 James A. Casper Page 2 RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Dorothy Taylor: By a vote of 11-0, the Board has approved Item #6 for consent. CUP for Contractor's Storage Yard rep •' ��',�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: New Light Baptist Church — Conditional Use Permit (church addition) MEETING DATE: September 13, 2005 ■ Background: An Ordinance upon Application of New Light Baptist Church for a Conditional Use Permit for a church addition (Family Life Center) on property located on the south side of Indian River Road, approximately 130 feet east of Church Street (GPINs 14651915110000; 14650962130000; 14650953890000; 14650951550000;14651904090000;14650995250000;14651912080000; 14650993900000; 14650973280000). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant requests a Conditional Use Permit to allow development of the site for a Family Life Center in conjunction with New Light Baptist Church located across Church Street, to the west. The applicant appeared before the Planning Commission in March 2000 to request a conditional use permit for a family life center on a portion of this site. At that time the applicant requested an indefinite deferral in order to work with the neighborhood opposition and to accumulate additional property. The applicant has since accumulated an additional 2.93 acres and wishes to proceed with the request. The submitted conceptual site layout plan depicts a proposed 40,000 square foot building, 306 parking spaces, landscaping buffers adjacent to existing residential, and parking lot landscaping as required by the Site Plan Ordinance. The proposed building is located on the northern portion of the site facing Indian River Road. A right turn in / right turn out access is also proposed in this area of the site. Parking is proposed on two sides of the building with the bulk of the proposed parking located on the southern portion of the site. Fifteen -foot landscape buffers and street frontage screening are proposed around the perimeter of the site, except for access points. The submitted architectural elevation and floor plan of the building depict a multi- use structure. The first floor contains offices, a conference and banquet hall, volleyball, racquetball and basketball courts, an exercise area, restrooms with showers and a kitchen. The mezzanine depicts counseling and training areas, conference rooms, a library and additional offices. The exterior of the building is depicted as brick and stucco on the northern and eastern sides, and metal siding on the southern and western sides. New Light Baptist Church Page 2of3 The applicant proposes to expand the ministry of New Light Baptist Church to include church services for youth, family counseling, a mentor program, second chance ministries, social services to include food and clothing distribution, and programs for seniors and women in crisis. The Planning Commission placed this item on the consent agenda because this is an expansion of an existing use and the church has purchased additional property in order to adequately buffer the addition from the adjacent properties. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed site and building design are consistent with the land use recommendations for the area. The proposed building will front on a major thoroughfare thereby reducing intrusion into the neighborhood. The submitted site plan depicts safe and functional vehicular and pedestrian access and circulation, and adequate landscaping and buffering of the use. The proposed use will also contribute to the overall livability of the neighborhood by providing a facility that caters to the needs of its members and those living in the neighborhood. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with 2 abstentions to approve this request with the following conditions: 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout Plan of New Light Baptist Church Family Life Center, Indian River Road, Virginia Beach", prepared by MSA, P.C., dated 5/31/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. a. The applicant shall install an eight -foot privacy fence along the western property line, adjacent to the Residential Lots identified by GPIN's 1465-09-7559 and 1465-09-8628; and along the southern and western property line adjacent to the Residential Lot identified by GPIN 1465- 09-7513. 2. The building shall be constructed substantially in accordance with the submitted "Architectural Elevations and Floor Plan of New Light Baptist Church Family Life Center, Indian River Road, Virginia Beach", prepared by MSA, P.C. , dated 5/31/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The applicant shall submit building material samples and colors to the City of Virginia Beach Planning Department for review and approval. 4. The proposed right turn in / right turn out access from Indian River Road shall not be permitted and shall be eliminated during detailed site plan review. New Light Baptist Church Page 3 of 3 5. The entrances to the parking areas shall be secured during non -operational hours. 6. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 7. The applicant shall vacate all internal lot lines on the site. ■ 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: - It-- , &7-t NEW LIGHT BAPTIST CHURCH Agenda Item # 7 August 10, 2005 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a church addition (family life center) Map G_9 NewLi ht Baptist Church B-2 �y �4 ✓ \ % fI o R-5D D' B-2 4 \ -5f) L. o� Z CUP - Church addition (family Life Center) ADDRESS / DESCRIPTION: Property located on the south side of Indian River Road, approximately 130 feet east of Church Street GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14651915110000; see file 1 — CENTERVILLE 5.18 acres for additional numbers The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for Family Life Center in conjunction with New Light Baptist Church located across Church Street, to the west. The applicant appeared before the Planning Commission in March 2000 to request a conditional use permit for a family life center on a portion of this site. At that time the applicant requested an indefinite deferral in order to work with the neighborhood opposition and to accumulate additional property. The applicant has since accumulated an additional 2.93 acres and wishes to proceed forward with the request. The submitted conceptual site layout plan depicts a proposed 40,000 square foot building, 306 parking spaces, landscaping buffers adjacent to existing residential, and parking lot landscaping as required by the Site Plan Ordinance. The proposed building is located on the northern portion of the site facing Indian River Road. A right turn in / right turn out access is also proposed in this area of the site. Parking is proposed on two sides of the building with the bulk of the proposed parking located on the southern portion of the site. Fifteen -foot landscape buffers and street frontage screening are proposed around the perimeter of the site, except for access points. The submitted architectural elevation and floor plan of the building depict a multi -use structure. The first floor contains offices, a conference and banquet hall, volleyball, racquetball and basketball courts, an exercise area, restrooms with showers and a kitchen. The mezzanine depicts counseling and training areas, conference rooms, a library and additional offices. The exterior of the building is depicted as brick and stucco on the northern and eastern sides, and metal siding on the southern and western sides. NEW LIGHT The applicant proposes to expand the ministry of New Light Baptist Church to include church services for youth, family counseling, a mentor program, second chance ministries, social services to include food and clothing distribution, and programs for seniors and women in crisis. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant parcels SURROUNDING LAND North: . Single-family dwellings / R-51D Residential and Indian River USE AND ZONING: Road • Across Indian River Road are Single-family dwellings and a nursing home / R-51D Residential South: 0 Single-family dwellings / R-5D Residential East: 0 Single-family dwellings / R-5D Residential West: . Single-family dwellings / R-51D Residential and Church Street • Across Church Street are single-family dwellings and New Light Baptist Church / R-51D Residential NATURAL RESOURCE AND The site is vacant, and is covered by various types of plant material. CULTURAL FEATURES: There are no natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in front of this request is a six -lane divided major urban arterial facility. The Master Transportation Plan proposes an eight -lane divided, access -controlled facility within a 155-foot right-of- way. A Capital Improvement Project is slated for this area (CIP no. 2-106). This project involves the widening of Indian River Road from a six -lane divided highway to an eight -lane divided highway from Centerville Turnpike to Kempsville Road in addition to full improvements at the Indian River Road and Kempsville Road intersection. Due to the proposed CIP project, additional right-of-way may be required along Indian River Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River 60,000 ADT 48,200 ADT Existing Land Use — 0 Road ADT Proposed Land Use 3- 915 ADT / Sunday 544 ADT Average Daily Trips 2 as defined by vacant parcels 3as defined by family life center NEW LIGHT B WATER: This site must connect to City water. There is an eight -inch water line along Church Street, a 16-inch water line along Indian River Road, and an eight -inch water line along Ferry Point Road. SEWER: This site must connect to City sanitary sewer. There is eight -inch sanitary sewer gravity main and a 42-inch HRSD force main along Indian River Road, eight -inch sanitary sewer gravity main along Church Street, and eight -inch sanitary sewer gravity main along Ferry Point Road. Analysis of Pump Station #437 and the sanitary sewer collection system is required to ensure future flows can be accommodated. The Comprehensive Plan designates this area as a Primary COMPREHENSIVE PLAN 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. Developing a mix of compatible uses either within well - designed structures or well -designed tracts of land should also be considered in this area, provided such action contributes to the quality, attractiveness and livability of the neighborhood. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed site and building design are consistent with the land use recommendations for the area. The proposed building will front on a major thoroughfare thereby reducing intrusion into the neighborhood. The submitted site plan depicts safe and functional vehicular and pedestrian access and circulation, and adequate landscaping and buffering of the use. The proposed use will also contribute to the overall livability of the neighborhood by providing a facility that caters to the needs of its members and those living in the neighborhood. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout Plan of New Light Baptist Church Family Life Center, Indian River Road, Virginia Beach", prepared by MSA, P.C., dated 5/31/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. a. The applicant shall install an eight -foot privacy fence along the western property line, adjacent to the Residential Lots identified by GPIN's 1465-09-7559 and 1465-09-8628; and along the southern and western property line adjacent to the Residential Lot identified by GPIN 1465-09-7513. 2. The building shall be constructed substantially in accordance with the submitted "Architectural Elevations and Floor Plan of New Light Baptist Church Family Life Center, Indian River Road, NEW LIGHT B Virginia Beach", prepared by MSA, P.C. , dated 5/31/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The applicant shall submit building material samples and colors to the City of Virginia Beach Planning Department for review and approval. 4. The proposed right turn in / right turn out access from Indian River Road shall not be permitted and shall be eliminated during detailed site plan review. 5. The entrances to the parking areas shall be secured during non -operational hours. 6. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 7. The applicant shall vacate all internal lot lines on the site. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The 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. NEW LIGHT BAPTIST CHL Agenda-Ite P, ;H k7 A xH I , jra T''G T „pm 6 6 � t �✓ i r3s'E } i d s lb 4 v � PROPOSED BUILDING NEW LIGHT VIII 1. 3/8/01 Conditional Use Permit (Church and Family Life Center) Deferred 10/10/88 Conditional Use Permit (Church Addition) Approved 9/14/81 Conditional Use Permit Church Approved 2. 2/13/89 Rezoning R-5D Residential to 0-2 Office Denied 3. 3/8/00 Subdivision Variance Approved 4. 8/24/04 Conditional Use Permit (Church) Approved 5. 7/11/95 Conditional Use Permit (Expansion for Outpatient Approved Therapy) 6/26/89 Conditional Use Permit (Nursing Home) Approved I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: �1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Frankie Fells, Trustee Jacob Chpoks, Trustee Mark R. Bagnell, Trustee 2. List all businesses that have a parent -subsidiary or affiliated business entity 2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the property owner name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ' See next page for footnotes Conditional Use Pefrnil Apphlatioil Page 10 of I I Revised 2?IM004 NEW LIGHT )T HURCH Agenda Item # 7 Page 9 • ADDITIONAL DISCLOSURES List all known contractors or businesses than have or will provide services with respect to the requested property use, including but not limited to the providers of architl ctural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) MSA. P.C. Concepts, Aachite-ts18u€lders, Inc. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly awns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship"` means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act Va_ Code § 2.2-3101. CERTIFICATION; I certify that the information contained herein is true and accurate. 1 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 9� hub}ect property at least 30 days prior to the scheduled public hearing ac di g, o the t€}stru tions in this package_ Ap is , is Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Paoe11 or 11 Revised 2119,2004 NEW LIGHT BA F'cttyu 1 V Item #7 New Light Baptist Church Conditional Use Permit South side of Indian River Road District 1 Centerville August 10, 2005 CONSENT William Din: My next item is Item #7, which is New Light Baptist Church. This is a Conditional Use Permit for a church addition (Family Life Center) on the property located on the south side of Indian River Road, approximately 130 feet east of Church Street in the Centerville District with seven conditions. Michael Perry: Thank you. Good afternoon. My name is Michael Perry. I am representing the applicant. And we have looked over the conditions and wish to approve them as stipulated. One thing that I would like to note is in the staff report it said that we came before you back in March 2000. Five years ago, we were here in front of you again asking for this Conditional Use Permit for the same type of facility but what they did was acquire more property. And, I would like to thank staff for taking the time in working with us. And thank you for putting us on consent. William Din: Thank you Mr. Perry. Is there any objection to placing this item on consent agenda? If not, Mr. Don Horsley will talk on this. Donald Horsley: I think Mr. Perry did an outstanding job of explaining why we put it on consent agenda. They did appear before us in 2000, and staff encouraged the church to try to accumulate more property and they did so, to build a Family Life Center in conjunction with the church. The application has been adequately conditioned to protect the neighbors in the area, and staff had a favorable recommendation, and the Commission thought it was worthy of consent agenda status, so that is the reason why put it on there. William Din: Thank you Don. I would like to make a motion to place on the consent agenda for today. Item #7, New Light Baptist Church, this is a request for a Conditional Use Permit for a church addition on property located on the south side of Indian River Road, approximately 130 feet east of Church Street in the Centerville District with seven conditions. Do I hear a second? Donald Horsley: Second. William Din: A second by Mr. Horsley. Dorothy Wood: Mr. Miller. Item #7 New Light Baptist Church Page 2 Robert Miller: I need to abstain from Item #7, which is New Light Baptist Church. My firm is working on that project. Janice Anderson: Ms. Chair. I just need to abstain from Item #7. A partner in our firm assisted the Trustees in acquiring additional land. Dorothy Wood: Thank you. AYE 9 NAY 0 ABS 2 ANDERSON ABS CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 0 Dorothy Taylor: By a vote of 9-0, with the abstentions so noted, the Board has approved Item #7 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Munden Land, L.L.C. — Change of Zoning District Classification MEETING DATE: September 13, 2005 ■ Background: An Ordinance upon Application of Munden Land, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional PD-1-12 Planned Unit Development District (R-10 Residential and P-1 Preservation) on property located on the east side of Princess Anne Road, approximately 1350 feet south of Sandbridge Road (GPIN 24142007960000). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). The purpose of this zoning change is to develop 71 single- family homes. DISTRICT 7 — PRINCESS ANNE ■ Considerations: This request was deferred by City Council on August 23rd at the request of the applicant. The applicant proposes to rezone the existing AG-1 and AG-2 agricultural property to a Conditional R-10 Residential District and P-1 Preservation District with a PD-1-12 Overlay. The applicant proposes to develop the site as a 71 lot residential development with over 50% open space in keeping with the Transition Area Guidelines. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed building elevations reflect high quality materials and a detailed architectural style. The layout of the site will create a development that will complement the residential neighborhood under construction to the east and buffer the ARP property to the south. The proposal includes meandering trails, a large central open space area as well as extensive landscaping and berming. The Transition Area "Matrix" was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.99 dwelling units per acre. This score translates to a total of 71 units for this 71.68-acre site. Staff concludes this proposal is consistent with the recommendations contained within the TATAC report and as recommended in the Transition Area Design Guidelines. Munden Land, L.L.C. Page 2 of 2 There was opposition to the request. The Planning Commission recommended approval with modifications to the proffers that reference the increased buffer depicted on the revised conceptual land use plan. The revised proffers and land use plan are attached. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with revised proffers. ■ 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: Munden Land, L.L.C. Page 3 of 3 u- 0 u REVISED CONCEPTUAL LAND USE PLAN MUNDEN LAND, L.L.C. Agenda Item # 3 July 13, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Munden Lund LLC Me Not to Scel- -1,2 o° j � o 80' a 3 AG2 a � 0 '9 o o 0 \, AG_2 "C,, Q" i AG -I A �� F _-2c( Change of Zoning District Classification from J „P;, ^ < <2 . AG-1 and AG-2 Agricultural District to Conditional R-10 Residential District and P-1 Preservation District with a PD-H2 Overlay. ADDRESS / DESCRIPTION: Property located on the east side of Princess Anne Road approximately 1400 feet south of Sandbridge Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24142066720000 7 — PRINCESS ANNE 71.68 acres The applicant proposes to rezone the existing AG-1 and AG-2 SUMMARY OF REQUEST agricultural property to a Conditional R-10 Residential District and P-1 Preservation District with a PD-H2 Overlay. The applicant proposes to develop the site as a 71 lot residential development with over 50 % open space in keeping with the Transition Guidelines. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Cultivated farm field SURROUNDING LAND North: USE AND ZONING: South: East: West: • Cultivated farm field / AG-1 & AG-2 Agricultural District • ARP - Cultivated farm field / AG-1 & AG-2 Agricultural District • Heritage Park single family residential development / R-10 Residential District • Across Princess Anne Road Farm agricultural land and borrow pit / AG-1 & AG-2 Agricultural District MUN NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is a cultivated farm field. AICUZ: The site is in an AICUZ of less than 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is a two lane minor arterial road. As indicated on the Master Transportation Plan, the proposed right-of-way in this vicinity is identified as Princess Anne Area Buffered Roadway at 100 feet. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 32,869 ADT 26,300 ADT (Level of Existing Land Use 2 — 50 Road Service "C") - 48,200 ADT ADT ' (Level of Service "E") Proposed Land Use 3- 760 ADT Average Daily Trips Zas defined by agricultural zoning 3 as defined by single family homes As a result of the proposed development, the applicant will be required to construct a left turn lane into the site on Princess Anne Road. WATER: Water does not front the property, but may be extended for connection purposes provided hydraulic analysis supports the potential demand. SEWER: City sanitary sewer is not available to this site. Engineer must explore options for providing sanitary sewer service. Plans and bonds are required for construction of a new pump station and sanitary sewer system. SCHOOLS: School Membership 9/2003 Capacity 10/2003 , Generation 2 Change Red Mill Elementar 880 782 21.6 20 Princess Anne Middle 1552 1468 12.1 11 Kellam High 2410 1839 16.9 16 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). 3 This new development will be assigned to the Three Oaks Elementary when it opens in September 2005. LTA to] 011 COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within Princess Anne / Transition Area. The land use planning policies and principles focus strongly on promoting this area as a well —planned, low density, fiscally sound and desirable destination for people to live, work and play. Within the Transition area, developers are encouraged to cluster housing and employ the most creative planning and development techniques. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the proffers submitted by the applicant with the rezoning. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed building elevations reflect high quality materials and a detailed architectural style. The layout of the site will create a development that will complement the residential neighborhood under construction to the east and buffer the ARP property to the south. The proposal includes meandering trails, a large central open space area as well as extensive landscaping and berming. The Transition Area "Matrix" was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.99 dwelling units per acre. This score translates to a total of 71 units for this 71.68-acre site. Staff concludes this proposal is consistent with the recommendations contained within the TATAC report and as recommended in the Transition Area Design Guidelines. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than seventy-one (71) building lots substantially in conformance with the exhibit entitled "Conceptual Land Use Plan of MUNDEN FARMS, Princess Anne Road Virginia Beach, VA" dated 03/31/05 (Revision A), 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 (Land Use Plan). PROFFER 2: When the property is developed, the "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee for future improvement and public use as a bicycle trail and / or horse trail and Landscaped Open Space consistent with the Grantee's Comprehensive Land Use Plan. PROFFER 3: When the property is developed, approximately 42.6 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space except the"150' TRANSITION AREA BUFFER" shall be dedicated to and maintained by the Property Owners Association. PROFFER 4: When the Property is developed, the trails which are depicted on the Land Use Plan shall be created consistent with the "WOODLAND TRAIL" detail on the exhibit "Detail Sheet Plan of Munden Farms, Princess Anne Rd., Virginia Beach, Va.", dated 03/31/05, Revision A. 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 ("Detail Sheet"). PROFFER 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Detail Sheet. When the Property is subdivided any required additional right of way along the Property's frontage on Princess Anne Road shall be dedicated by the Grantor to the Grantee and a left turn lane from Princess Anne Road shall be constructed by the Grantor. PROFFER 6: When the Property is subdivided, the residential building lots shall have a minimum of 12,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association, to which membership is mandatory. The Property Owners Association shall be responsible for maintaining all Open Space areas, Commons Areas, trails, easements and the entrance feature. The Deed Restrictions shall mandate that all fencing be uniform, black ornamental aluminum, no more than fifty percent (50%) opaque, no greater than 48 inches in height, similar in style with the fencing shown in the photograph labeled "Entrance Treatment Character into Munden Farms" on the Land Use Plan. PROFFER 7: All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows and doors, which is no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographs entitled "MUNDEN FARMS — HOMES" dated March 30, 2005 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Those portions of the visible exterior surfaces, excluding roof, trim, windows and doors, which are not brick shall be a Hardi-Plank or similar high quality material. Any one-story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) care garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 8: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. MUND PROFFER 9: The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open space with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoor Plan. If funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan and / or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-10 and P-1 Zoning Districts and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. PROFFER 11: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 31, 2005, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The 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. MUND AERIAL OF SITE Aug Z LAND L.L.C.m nda-Ite°# 3 Page 6 PROPOSED MUND . . LL . . .d� .. • .. a� .. . » � \ � d \§m � PROPOSED BUILDING ELEV MUND 1:' QyG f f 1 08/12/03 Rezoning from AG-1 & AG-2 to Conditional R-20 & P-1 Conditional Use Permit for open sace Granted 2 04/23/02 Conditional Use Permit (borrow pit reconsideration) Denied 3 03/26/02 Conditional Use Permit borrow it Withdrawn 4 05/25/99 Rezoning from AG-2 to Conditional B-2 Granted 5 04/27/99 Conditional Use Permit (fraternal organization) Granted 6 03/26/96 Conditional Use Permit church Granted 7 08/28/93 Conditional Use Permit (church) Granted 8 10/23/90 Conditional Use Permit (borrow pit expansion) Granted 9 06/11/90 Rezoning from AG-2 to Conditional B-2 Denied ZONING HISTORY MUN ftV DISCLOSURE STATEMEN APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Munden Land, L.L.G.: Wayne F.-Munden, Managing Member; William C. Munden, Member; Thomas E. Munden, Member; Richard L. Munden, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach fist if necessary) ❑ Check here if the applicant is NOT a corporation; partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees', partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 saa nzxt page for footnotes Conditional Rezoning Application page 29 ut 12 Revised 5tit2004 i .w rwMa dM ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural; services, real estate services. financial services, accounting services, and legal services: (Attach list if necessary) MSA., P.C. Sykes, Bourdon, Ahern & Levy, P.G. (R. Edward Bourdon, Jr., Esq.) t „Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code;§ 2.2-3101. �s2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (lii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2,2-3101. t;� I CERTIFICATION. I certify that the information contai I understand that, upon receipt of notification (postsar scheduled for public hearing, I am responsible for obti sign on the subject property at least 30 days prior to It according to the instructions in this package. Munden Lg. L.L.G. i Property Owner's: Signature (if different than red herein is trace and accurate. t) that the application has been fining and posting the required' ie scheduled public hearing Wayne F. Munden, managing Member Print Name Print Name Gonditiona6 Rezoning_Appimation Rage 12 of 12 Revised 011,2004 { DEPARTME 3� _'NT OF THE NAVY y \lAA! R'rAr,:)N U,CEsans`- VIRGNIA BEE""'h. VIRGINIA 2' 460-:=168 IN REPLY REFER 70 Ser 33 295 y; May 13, 2005 Ms. Karen Prochilo City of Virginia Beach Depactm.enr of Planning 2405 Co..irthouse Drive, Build -Mg 2 Virginia Beach, VA 23456-9040 z Dear Ms. Prochilo: Thank you for the opportunity to review the Conditional Rezoning Application by Munden Land, LLC. After careful evaluation and deliberation, we would like to make the following statements for the record. Munden Farms would be located approximately six miles southeast of Naval Air Station (NAS) Oceana in close proximity to the southeastern departure corridor, bearing 175 magnetic from NAS Oceana, and would place residents in the 65-70 and less than 65 decibel (dB) day -night average (DNL) noise zones. High performance fighter aircraft from NAS Oceana will potentially fly in the vicinity of the development, subjecting residents to high decibel single event noise levels at any time. The Navy's Air Installations Compatible Use Zones Program views residential development as not compatible and discourages this use in the 65-70 dB DNL. If this rezoning request is approved, we recommend sound attenuation measures be implemented. Interior sound level reduction and noise zone disclosure ensure a level of protection for prospective residents and NAS Oceana. The noise reduction efforts will reduce noise effects on the quality of life while indoors for the residents. Additionally, we recommend an in-depth disclosure of NAS Oceana operational impacts on Munden Farms at contract signing vice closing to potential home buyers. If you have any questions, contact my Community Planning Liaison Officer, Mr. Ray Firenze, at (757) 433-3158. Sincerely and very respectfully, T.>KEECaU. . Navy Cog Officer Copy to: COMNAVREG MIDLANT Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission Item #3 Munden Land, L.L.C. Change of Zoning District Classification East side of Princess Anne Road District 7 Princess Anne July 13, 2005 REGULAR Joseph Strange: The next item is Item #3, Munden Land, L.L.C. An Ordinance upon Application of Munden Land, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development District (R-10 Residential and P-1 Preservation) on property located on the east side of Princess Anne Road approximately 1350 feet south of Sandbridge Road, District 7, Princess Anne with eleven proffers. Eddie Bourdon: Thank you Mr. Secretary and Madame Chair, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicants. A couple of the brothers are here today. We have worked extensively with the staff on the development plan for this 711/z-acre parcel of land that has been in the Munden family for well over a century. The property is located almost at the northern boundary of what was once called Transition Area Three, now it is all just one -transition area. It is just to the south of the -� Food Lion shopping center, the Gateway Bank on the corner, and just to the north of that is the Red Mill Commons shopping area. The property adjoining us on the north is also owned by the owners of that commercial development on the corner, which now characterizes the southeast corner of Sandbridge Road and Princess Anne Road. Recently, a plan for a daycare center was approved on a portion of that property fronting on Sandbridge Road. I'm aware of the fact with consultations with the owners that they also have plans in the works to come forward to develop that property. You all may recall a few years ago, I stood before you representing the owners of that property seeking a borrow pit, which clearly is not in keeping with what we now are looking for in the transition area, and the TATAC recommendations, and with the development exists, my clients have come forward with this application. To the east of this property, this is an older aerial photo the Heritage Park Development is under construction. To the southeast of this property, the Ashville Park Development will be taking place over the course the next number of years. We have provided a main entrance from Princess Anne Road. We will be providing turn lanes within Princess Anne Road to the right-of-way within the area that we will be providing to the City. We have provided the required 150 feet buffer on our property along Princess Anne Road, in this area, but in addition to that we provided buffer that goes all the way back to over 300 feet to the nearest property line, well over 300 feet to the nearest home from Princess Anne Road. All this area you see here will be extensively bermed and landscaped. We proffered all of that. We have also provided, in addition to sidewalk in the street, we provided trails that totally encompass the entirety of the site. We have over 71 acres. We have 42.6 acres of the property in Item #3 Munden Land, L.L.C. Page 2 open space, well over a 50 percent threshold. Unfortunately, it (the photo) was cut off here but we also are showing a pedestrian multipurpose bridge that we will be putting in. There is a major drainage way here. I am hesitant to call it a ditch. It is a very large ditch but we will be providing a pedestrian connection from our trails to the trails within Heritage Park to our east. To the south, we adjoin a piece of property that is in the ARP Program. To my knowledge, it is the only piece of property in the Transition Area to date other than John Cromwell's farm, which is down at the far southeastern corner of the Transition Area Three, where the true transition occurs into the agricultural area. This property to our south has been in the ARP for a number of years but it is the "lone wolf' and I think it will remain the only property in ARP this far north in the Transition Area. That is an option that everyone has but it is not a requirement and this is not in the area below the Blue Line at Indian River Road and Pungo. But we have provided an evergreen buffer along here that is heavily landscaped. We had originally talked about doing a berm in here but for drainage reasons the City felt it was best, and we concur that we not berm this but we just doing a very, very heavy evergreen landscape buffer. It is correct that in this area here and here, we are less than 50 feet from the property line with the boundaries for the lots. The area in here is all open space all maintained by Homeowners Association. I believe we are able to move these and shift these to the north so that we can provide a 50-foot evergreen buffer along this southern boundary, and we are certainly willing to do that and accommodate that. Along our southern boundary is a ditch about 31/2 feet rough deep that runs the entire boundary, which provides some incentive for people to trespass. We certainly, with this hedgerow that we will put in is going to be grown up to the point where it will be very difficult to get through. The trails are inside of this and not on the outside. The TATAC Committee and everything that is in there talks about openness. Our fencing, which these lots will be fenced, are open fences. We don't want any privacy fence. This is all open style fencing because we want to have that open feel. We do not believe it is necessary to place a fence along the boundary in addition to all this landscaping and the ditch. Frankly, the berm would be better than the fencing because it gives an open feel rather than trying to put a fence up. We will abide by the wishes of City Council if they believe there is a necessity for putting a fence here we could that but we don't think that is consistent with our recommendations are under the Comprehensive Plan. We proffered some beautiful homes. I will mention and Mr. Waller will appreciate this, the homes that are shown in those pictures are a little larger than what will occur on these lots. I just want to make sure that everyone is clear. That represents the architectural style of the homes. They are 75 percent brick. They will clearly far exceed the minimum threshold for value homes that we are inspiring to in the Transition Area. I don't think there is any doubt about that. We've provided future access to the north. We expect there will be actually a ring road that will come in off of Sandbridge Road near the daycare center that will loop around and possibly connect here, and then come out here. But that is not definite at this point. The ring road may come up in this area. We don't know. It all depends on what they decide to do to the property to the north. We provided that opportunity if it becomes one that is makes sense and is viable. We have offered proffered money for open space acquisition elsewhere in the City, which is one of the proffers, which I have all my clients put in their agreements in Item #3 Munden Land, L.L.C. Page 3 the Transition Area from the get go. I believe we have an excellent application and I think that your staff concurred with that with their recommendation for approval. I'll be happy to answer any questions that any of you may have. Dorothy Wood: Are there any questions? Ron and Will. Ronald Ripley: You mentioned a bridge. Is that a timber bridge that you're proposing to put in across the drainage area? Eddie Bourdon: The precise nature of the construction, I can't speak to whether it will be. More than likely it will be Mr. Ripley but it is going to depend on the engineering that is going to take place at the time, and the City would have to approve whether are comfortable with it being a timber bridge or some other structure. Ronald Ripley: You mentioned that the lots closest to the southern property that you will try to find a way to move them a little bit so that you will have about 50 feet of an area to buffer. Eddie Bourdon: We have well over 50 feet for the vast majority of that area, and the only places that we are inside of that is here, and here. Ronald Ripley: So you're going to make a slight revision to your plan, and change it for Council? Eddie Bourdon: To shift those north but it won't change anything about it except just to move some lines, and changing some angles. Ronald Ripley: I couldn't quite tell the make of the path itself. Is it a multipurpose path? Is it a hard surface? Eddie Bourdon: It is mulched type hard unit. It is not asphalt. It is not going to be an asphalt surface. You can do multipurpose things on it but it will not be an asphalt trail. You can walk and jog. Bikes can go on it. It might be a little difficult for someone pushing a stroller. Ronald Ripley: Horses? Eddie Bourdon: Oh, absolutely. Yes sir. There will be 150 feet along Princess Anne Road that will be dedicated to the City. Everything else will be owned and maintained by the mandatory membership Homeowners Association. Ronald Ripley: Thank you. Dorothy Wood: Thank you. Will. Item #3 Munden Land, L.L.C. Page 4 William Din: Eddie, you are going through a lot of trouble to landscape all around this site except the site that are on Princess Anne Road there. You got these two white blotches or cut outs of this property. To me, it sort of just sits out like a sore thumb that you haven't got landscaping that blends in to the rest of the development. Was there any consideration given to how that actually looks from Princess Anne Road, and the type of landscaping that might improve that view also. Eddie Bourdon: It actually has been Mr. Din and I appreciate the question. I should have addressed this earlier. The two existing parcels, which are not a part of this property, they are subdivided, and have been subdivided out of this property. This home was built back in the late 50s. It is owned by one of the brothers who reside there. And it is landscaped as it is today. We certainly expect both of these, and this is also by one of the brothers, as well as his house is 25 years old. We have extensive landscaping all around this one. We haven't done as much here because this property is fairly well landscaped. But we don't have any aversion of incorporating landscaping around these homes. We think they add to the character of the area, and the appearance of the drive down Princess Anne Road. We do anticipate that we may very well, and we provided for it here change the entrances to these homes off of Princess Anne Road, and have them come into this road with a new driveway so to eliminate the existing driveways on Princess Anne Road. But in terms and we have not considered that these homes were in any way detrimental to the character of the area, in terms of their appearance that they needed to be extensively screened. If the City, and ARP to the south, and there won't be a trail going further south of the ARP property, I don't believe but if there is an effort to put a trail up through there that is something that is certainly may be accommodated with the two homes that are existing there. But, no one has expressed to us the desire that we put in any type of major screening in front of these homes, and I'm not really sure exactly what you would be looking for but they are owned by members of the family, and certainly are willing to work with the staff enhance the appearance of what they expect to be a excellent project. William Din: My concern, I guess is that you got the entrance of this development right there between these two, and you got a well landscaped area. You want this development to be attractive as you go into this thing also. I'm not saying that the houses on the site are not. I would like to see it more blended in to the development of the neighborhood rather than just sitting there, as an isolated area. Eddie Bourdon: And certainly when you look at a picture like this that just shows lots on a map, you don't really have the ability to see what they look like or what the existing landscaping around those properties are. William Din: We do have some pictures of the frontage of this area. That is one of the houses. The other house is on the other side? Eddie Bourdon: That is where we have the extensive landscaping around. When you look at that and you try to put your mind's eye see all the landscaping that we will be placing Item #3 Munden Land, L.L.C. Page 5 will be, in the case to the house to the south, which this is the house to the north, all the way up towards Princess Anne Road. Our development is well beyond where these homes are. William Din: But this is the view from Princess Anne Road that people will see, plus the entrance? Eddie Bourdon: Exactly, when it is developed Mr. Din and everything is placed in there this view will be tremendously buried from what you see today. You have nothing there today. If you look at the plans we have landscaping all the way back down the road. William Din: I would just hope to consider those houses. Take a look at that entrance and if you could use a computer generated scenes. Eddie Bourdon: It is to our advantage and I couldn't agree with you more. It is to our advantage to make sure that the entrance to this development is as a high quality as what we have shown you, and we certainly don't want to have our own homes detract them. William Din: Thank you. Dorothy Wood: Thanks Eddie. If you would let the opposition speak and then we will be more than happy to welcome you back. Joseph Strange: Speaking in opposition we have Nancy Williamson. Nancy Williamson: Good afternoon. My name is Nancy Williamson. I am the property owner immediately south on this proposed development. There are two clarifications that I would like to make for the attorney for Munden Corporation. I am the "lone wolf' who is in the ARP. I don't mind that status. I would like to clarify that the other people who are in the same region have had the same opportunity that I have. It is an opportunity that is there for them even today. So, if they would pursue it like as I did, they may not be making this proposal. The comment that there is nothing there today, but what you're looking at is not representing the proposal but there is nothing there today. I disagree with that statement. There is farmland being cultivated there, and there is a priority in my mind. There needs to be priority for that as much as for housing. You all saw a slide presentation this morning concerning affordable housing in the City. I do not view half a million dollar homes as being considered affordable housing schemes. So that is another consideration that I think the Planning Commission needs to recognize. Another clarification to the attorney's comments are this property has been in the Munden family for over a century. That is not actually accurate. It was actually in the Land family for over a century, which I'm also a member of that same family. This land came to the Munden family by way of their mother, who was my aunt. My sister and I had half of the land farm, and the Munden Brothers ended up with the other half by way of their mother. So this started out by being a 150-acres of farm land, prime farm land. It is on the Pungo Item #3 Munden Land, L.L.C. Page 6 Ridge. It is some of the best farm land in that area. To take it out of agricultural possibility, it is detrimental to the agricultural community in Princess Anne in Virginia Beach. A couple of the items that I would like to bring to your attention as to why I'm opposed to this application. Dorothy Wood: Ma'am, you have about 45 seconds. Nancy Williamson: Thank you. The over development of Ashville Park and Heritage Park. The over development of this area. The traffic. The congestion. There is already a traffic problem on Princess Anne Road. There are issues of dust from borrow pits as well as the farming activity. I have some requests that I put into my correspondence to you concerning some conditions. I am very interested in fencing. The ditch is very easily transversal. ATV's are very popular. Ed Weeden: Ma'am, your time is up. Dorothy Wood: Thank you Ms. Williamson. We appreciate you coming down today. Eddie, would like to reply quickly? Barry Knight: Dot, can I ask Ms. Williamson some questions? Dorothy Wood: Yes. Ms. Williamson would you please answer Barry's questions. I'm sorry. I think the heat must have gotten to me. Barry Knight: Ms. Williamson, I hear your concerns and read your letter. You are more concerned about the over development of this property or is one of your concerns having your farm land and the viability of keeping your farm land a viable farm next to this development? Nancy Williamson: I don't live on the property but I do rent the property to the family that is on it. I have a sister who lives south of me. She is raising her children there. Some of my concerns are related to the impact on the area as a result of this development. There are 680 homes, I believe from Ashville and Heritage. That is congestion enough. This is another 71. To me, it feels were going to fast. Doing too much, too fast. I don't think the City has really felt the repercussions of Ashville and Heritage yet. And if you approve another 71 single-family homes in the same facility, you could be in a position of saying, "oops, we should have not went so fast." Barry Knight: I understand that part of your opposition. I was wondering if that was the main part or did you have a tremendous concern about having these houses to the next to the farming operation. I know that Robert White farms. If it is just the development we'll go towards that issue but if is towards protecting the viability of the farming, we may be able to help with that a little bit if you like. What I propose with the concurrence of the applicant is when you build homes down a rural service area, which is a little Item #3 Munden Land, L.L.C. Page 7 further south than you are, you have something called an Agricultural Disclosure Form. I think they would be agreeable from Lots 5 to Lots 25, which is on the southern boundary. When they sell a lot they could have an Agricultural Disclosure Clause which states that you're moving next to an agricultural district but yours is always going to be because you sold your rights in perpetuity that you have to be cognizant of the fact that you have sights, sounds, smells, and practices of the agricultural community. And, I believe if this was passed today, and if they would agree and you would agree to put this verbage in there, it may give you a little better commonwealth. Nancy Williamson: Yes sir, it would. The other concern is trespassing. That is a concern. The trees don't quite do it. They take a long time to grow. The berm definitely doesn't do it because an ATV goes over a berm very easily. The ditch doesn't stop anybody. I can travel that ditch myself today. Barry Knight: As far as the trespassing part, I like the idea of the landscaping when you can't see through that and it grows, do you think if, it wouldn't be a detriment to the farming operation if they even and put more angle on the ditches. Nancy Williamson: I don't think the ditch would prohibit the ever popular ATVs. That is a main concern. Barry Knight: I think it does. I own a fairly amount of farmland. Mr. Horsley does a lot ® of farming and there are certain ditches that you can go across with your ATV and there are certain ditches that you're not going to go across. Nancy Williamson: Okay. So, if there was a condition placed on the development that they place a ditch of the caliber of which were speaking then I can go there. I had in my comments, and I guess I resorted to a fence, something that would stop the person from traveling. That is what I went too but I know that the canal in the back is of adequate size, and usually full of water that would deter someone from trying to cross it. But the existing ditch way between my property and the Munden property is not adequate to deter. It has something to be placed there. If it is not wrought iron fence of adequate height to prevent someone from climbing over it, then it has to be adequate depth in ground to keep them from traveling that. Barry Knight: Mr. Horsley knows that if we have enough grade to go back to the large ditch in the back, and that is a very, very large ditch. I'm very familiar with it. If you have enough slope or what they call a one to one grade with a little deeper, Mr. White is going to like that because it is going to facilitate the drainage on the farm also. Nancy Williamson: Okay. The low area in the back of my property, they have always called the low land. I understand what you're saying. That would have to be a condition of the applicant to put that ditch there and to maintain that ditch. Item #3 Munden Land, L.L.C. Page 8 Barry Knight: Well, we'll ask him. Nancy Williamson: Okay. That would be something that I would come back with and ask if that could be done. Thank you Mr. Knight. Eugene Crabtree: I have one question. Dorothy Wood: Yes, Mr. Crabtree. Eugene Crabtree: You're addressing the ATVs. Do you have a problem with them in the current moment? Are they going across your property now? Are they inhibiting the agricultural operation that is on your property currently? Nancy Williamson: You don't have the occupancy level there right now. It is all vacant land. Eugene Crabtree: I realize that. Nancy Williamson: What I'm commenting on is homes that are going to be totally occupied by juveniles and teenagers that is in that ever popular sport. There is a lot of open land there and it is very enticing. That is what I would see young teenagers going to. They don't have to have a license. It is just freewheeling. Like I said, I don't live on the property so I can't tell you if someone is doing that currently. But it is always a concern of the farmers if there is trespassing through their crop. Eugene Crabtree: Maybe if we don't suggest that they use ATV's maybe they won't have them. Nancy Williamson: Well, just as you say if two cars lodge on a house, you have to realize there is probably going to be more than two vehicles at that home because you got teenagers that drive, and the traffic. Something you can put on paper but the reality we all know that a two car garage family is probably going to be three and maybe four cars. Dorothy Wood: Are there any other questions for Ms. Williamson? Thank you so much for coming down today. Nancy Williamson: Thank you. Dorothy Wood: Eddie, do you have a few words? Eddie Bourdon: Given the heat, I will certainly keep it to a few words. First of all, with regard to ATVs, we will very gladly place a restriction against the open spaces being used by ATVs. Item #3 Munden Land, L.L.C. Page 9 Dorothy Wood: Thank you. Eddie Bourdon: I'm fairly certain the same is true with regard to Heritage Park. I can't speak to Ashville Park. The last thing that these homeowners in this area buying these houses are going to be subjecting themselves to, and on their land, which is what all this open space is. They own it and maintain it as an Association is ATVs. So, the deed restrictions for the community will prohibit the use of ATVs in any of the open space area. But in addition to that, we will certainly, as long as the drainage and all works deepen that ditch that is along the southern boundary. That is easily done, and we certainly have no problem re -grading and deepening that ditch. The Agricultural Disclosure Provision in the contract, we will be happy to put it in all the contracts. It is simple enough to do. We don't have an aversion or problem with that. I would point out one other thing. The borrow pits that are located across Princess Anne Road to the west of the site, both the EV Williams pit and the existing Baillio pit, and then the Gunther Pit, which is on Seaboard Road, and as the crow flies is not that far away. All of those pits within the next couple of years are going to be no longer be borrow pits. I understand Mr. Baillio is seeking to expand and dig a little bit more south of where he currently is but just to make sure that everyone is aware of that, and I actually have an application that is being filed with regard to the Williams and the existing Baillio pit, which will be coming forward in a few months. Long before these homes were built on this property those borrow pits will no longer be borrow pits. Dorothy Wood: Thank you Mr. Bourdon. Are there any comments? Questions? Motion? Yes sir. Barry Knight: I know that Ms. Williamson has come along way today and I appreciate it, Mr. Horsley and I would like to preserve agriculture as much as we can and we are glad that she is ARP Program. I would like to make a motion to approve this application with a modification of proffers between here and Council that the lots in the Munden, L.L.C. has a disclosure clause on their deed, and that they expand the ditch on the southern boundary. Dorothy Wood: Thanks Barry. Do I have a second? Donald Horsley: I'll second it. Dorothy Wood: A second by Mr. Horsley. A motion by Barry Knight. Mr. Miller. Robert Miller: I need to abstain from this vote. My firm is working on the project. Dorothy Wood: Thank you sir. Mr. Ripley. Item #3 Munden Land, L.L.C. Page 10 Ronald Ripley: I think the solution is a good solution. I would have been opposed to a fence. I think the contrary the blending of the agricultural use and to the transition use. I think it is a very good solution. Dorothy Wood: Are there any other comments? AYE 10 NAY 0 ABS 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 0 Ed Weeden: By a vote of 10-0, with one abstention, the application of Munden Land, L.L.C. has been approved with the modification. Dorothy Wood: Thank you. 17 Winslow Court Annapolis, MD 21403 July 7, 2005 Ms. Dorothy L. Wood 3809 Thaila Drive Virginia Beach, VA 23452 Dear Planning Commission Chair: On Wednesday, July 13, 2005, the Planning Commission is scheduled to hold a public hearing on the application for zoning reclassification submitted by Munden Land L.L.C. The application includes the development of 71 single-family homes on Princess Anne Road, just south of Sandbridge Road, in Transition Zone III. I need to share with you my strong opposition to this application. I am the property owner of the 39-acre farmland that is immediately south of the Munden parcel. My property was accepted in the Agricultural Reserve Program in 2001 and continues to be cultivated by a local farmer. My objections to the proposed development include: • Development of single-family homes is not compatible with the general agricultural nature of this corridor of Princess Anne Road; the rest of the property fronting Princess Anne Road from Sandbridge Road to Flanagan's Lane is currently either being farmed or is in the Open Space Program; • Even though approximately 680 single-family homes are being built in the Heritage Park and Ashville Park developments, building more homes in this area will contribute to what is now commonly viewed as over -development; • The number of vehicles resulting from 71 homes with double -car garages could potentially add approximately 150 vehicles to an area that is already experiencing congestion; • The three sand pits that are currently operating along the stretch of Princess Anne Road from Flanagan's Lane to Sandbridge Road create a high volume of trucks hauling sand; these trucks create hazards from the dust they generate, the speed they travel and the well-known disregard the truck drivers seem to have for other vehicles; an increase in the number of vehicles from this proposed development will only accelerate this existing problem; • There is a potential negative impact from the Munden development on the drainage of my property and the canal ditch that runs along the back of my property and the Munden property; I am not yet aware of any environmental studies that have been conducted on this issue; Even though I object to the project in its entirety, I understand the Planning Commission and the City Council have many concerns to balance when making decisions in these types of cases. If the Planning Commission concludes the rezoning is in the best interest of the city and recommends approval of the application, I must request the following conditions be placed on the project: 1. Increase the tree line buffer on the south side of the Munden property to minimize the impact of dust that is a natural by-product of a farming operation; 2. Shift the entire development design northward to allow more distance between the back property lines of lots 5, 6,7, 13 through 18, and 24, 25 and 26. (I question whether the approximate 30' from the back of lots 5 and 6 to the development property line meets the minimum city requirements); the repositioning northward of the entire development will further minimize the occasions for complaints related to the noise and dust from tractors and other farming activities; 3. Construct a fence of at least 10' in height along the entire southern property line from Princess Anne Road to the canal ditch at the back of the development. The fence should be constructed of a material substantial enough (possibly wrought iron) to restrict both pedestrian and vehicular trespassing and also, would not be easily subject to vandalism. Please do not view these conditions as an automatic concession from me. I remain strongly opposed to the entire application. I believe if this development is approved, then the city will have lost an opportunity to maintain a balance between the demands for housing and the demands for agriculture. There are other areas in Virginia Beach where housing can be developed, but the number of agricultural sites is fast declining. Once the farmland is gone, you can never get it back. I believe both the short- term and the long-term future of Virginia Beach would be more enhanced by preserving as much agricultural property as possible. Thank you for your kind attention and consideration of my views. Sincerely, Nancy E. Williamson In Reply Refer To Our File No. DF-6180 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 7, 2005 TO: Leslie L. Lilley DEPT: City Attorney P FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Munden Land, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 13, 2005. 1 have reviewed the subject proffer agreement, dated March 31, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/nlb Enclosure cc: Kathleen Hassen PREPARED BY: `j SYK£S. BOURDON, 1! ANERN & LEW P.C. MUNDEN LAND, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31St day of March, 2005, by and between MUNDEN LAND, L.L.C., a Virginia limited liability company ("Munden"), Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 71.68 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, which is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1/AG-2 to Conditional R-10 Residential District and P-1 Preservation District with a PD-H2 Overlay; 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 competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and GPIN: 2414-20-6672 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R- 10 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or 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 covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than seventy-one (71) building lots substantially in conformance with the Exhibit entitled "Conceptual Land Use Plan Of MUNDEN FARMS, Princess Anne Road Virginia Beach, VA", dated 03/31/05 (Revision A), 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 ("Land Use Plan"). 2. When the Property is developed, the "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee for PREPARED BY: future improvement and public use as a bicycle trail and/or horse trail and SYKES. BOURDON. Landscaped Open Space p AURN & L£V . P.C. P P p ce consistent with the Grantees Comprehensive Land Use Plan. 2 3. When the Property is developed, approximately 42.6 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space except the "150' TRANSITION AREA BUFFER" shall be dedicated to and maintained by the Property Owners Association. 4. When the Property is developed, the trails which are depicted on the Land Use Plan shall be created consistent with the "WOODLAND TRAIL" detail on the exhibit entitled "Detail Sheet Plan of Munden Farms, Princess Anne Rd., Virginia Beach, Va.", dated 03/31/05, Revision A, 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 ("Detail Sheet"). 5. The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Detail Sheet. When the Property is subdivided, any required additional right of way along the Property's frontage on Princess Anne Road shall be dedicated by the Grantor to the Grantee and a left turn lane from Princess Anne Road shall be constructed by the Grantor. 6. When the Property is subdivided, the residential building lots shall have a minimum of 12,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association, to which membership is mandatory. The Property owners Association shall be responsible for maintaining all Open Space areas, Common Areas, trails, easements and the entrance feature. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain vehicles ("ATV's") within the Open Space Areas. The Deed Restrictions shall mandate that all fencing be uniform, black ornamental aluminum, no more than fifty percent (50%) opaque, no greater than 48 inches in height, similar in style with the fencing shown in the photograph labeled "Entrance Treatment Character into Munden Farms", on the Land Use Plan. PREPARED BY: 7. All residential dwellings constructed on the Property shall have MES. ROURDON, visible exterior surfaces, excluding roof, trim windows and doors which is no AHLRN & I.M. P.C. g > less than seventy-five percent (75%) brick. The architectural features and 3 exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographs entitled "MUNDEN FARMS - HOMES" dated March 30, 2005 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Those portions of the visible exterior surfaces, excluding roof, trim, windows and doors, which are not brick, shall be a Hardi-Plank or similar, high quality material. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. 8. The Grantor shall include the following disclosure in (a) the "Deed Restrictions"; (b) the subdivision plat(s); and (c) the contract(s) wherein they convey any residential lots depicted on the subdivision plat(s): THIS SUBDIVISION IS LOCATED ADJACENT TO A PARCEL ENROLLED IN THE GRANTEE'S AGRICULTURAL RESERVE PROGRAM AND MAY BE SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON SAID PARCEL OR OTHER NEARBY PROPERTY. 9. A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. 10. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the PREPARED BY: Comprehensive Plan, the party of the first part agrees to contribute the sum of SYKES. ROURDON, Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the A1IERN & LEVY, P.C. Grantee to acquire land for open space preservation pursuant to Grantee's 4 Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 11. The Grantor will, if permitted to do so by the owner(s) of the parcel adjacent to the southern boundary of the Property, which parcel is enrolled in the Grantee's Agricultural Reserve Program, excavate and re -grade the existing drainage ditch which runs parallel and adjacent to the shared boundary line. The excavated and re -graded drainage ditch shall have a minimum depth measured from top of bank to toe of slope of four and one-half feet (4.51. 12. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-10 and P-1 Zoning Districts and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, PREPARED BY: Virginia, and executed by the record owner of the Property at the time of ® SMS. ROURDON, A131RN & UW P.C. 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 5 PREPARED BY: SYK£S. $OURDON. AHERN & LEVY, P.C. resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 6 WITNESS the following signature and seal: GRANTOR: Munden Land, L.L.C., a Virginia limited liability company By: AL) Wa e F. Munden, Managing Member STATE OF VIRGINIA L -ram/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this L day of '� ( , 2005, by Wayne F. Munden, Managing Member of Munden Land, L.L.C., a Virginia limited liability company, Grantor. - Not lic My Commission Expires: &/30/o5 ' ��A" .•'QT' ...........s O y •' ,��'•~�TAAY PV�� EXHIBIT "A" All that certain lot, tract, piece and parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, fronting on Princess Anne Road (f/k/a Pungo Road), designated and described on a certain plat and survey made by W. B. Gallup, County Surveyor, March 20, 1950, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at Page 65, and which described the property more particularly as follows: BEGINNING at a post in the Eastern line of the right of way of the Princess Anne Road (f/k/a Pungo Road) at the intersection of the property hereby conveyed and the property of the Eddie James Farm, and from said point extending along the line of the property of James South 57° 21' East four hundred twenty eight (428) feet to a point; South 57° 21' East four hundred (400) feet to a point, South 57' 21' East one thousand one hundred forty-five (1,145) feet to a point; thence continuing and running along the center line of a ditch South 57' 51' East one thousand fifty and six tenths (1,050.6) feet to a point; thence South 46' 54' West two hundred nine (209) feet to a point; South 57° 54' West two hundred thirty one and five tenths (231.5) feet to a point; South 54' 04' West seventy five (75) feet to a point, South 47° 50' West seventy two (72) feet to a point; South 61 ° West one hundred sixty five (165) feet to a point; South 49' 40' West one hundred twenty six and nine tenths (126.9) feet to a point; South 51 ° 45' West ninety nine and twenty five hundredths (99.25) feet to a point; South 60° 50' West seventy seven and twenty five hundredths (77.25) feet to a point; South 46' 45' West thirty nine and twenty five hundredths (39.25) feet to a point; South 51 ° 30' West one hundred (100) feet, more or less, to a point in the dividing line between the property hereby conveyed and the property shown on Plat as "Louise Land Halstead"; thence along said dividing line North 57° 25' West thirty nine (39) feet to a pipe; thence continuing along said dividing line North 57' 25' West two thousand six hundred ninety-two (2,692) feet to a pipe in the Eastern line of the right of way of the Princess Anne Road (f/k/a Pungo Road); thence North 39' 15' East three hundred ninety five and two tenths (395.2) feet to a pipe in the line of the Home Lot shown on said Plat; thence continuing along said road North 39° 15' East one hundred fifty and eight tenths (150.8) feet to a pipe; thence continuing along the Eastern line of the right of way of said road North 39° 15' East two hundred thirty nine and eight tenths (239.8) feet to a point; North 39' 15' East three hundred eighty six (386) feet to the post, the point of beginning, said tract of land being designated on said plat "Mrs. Phyllis L. Munden, 75.05 Ac." LESS AND EXCEPT that portion of property conveyed to William C. Munden and PREPARED BY: June B. Munden, husband and wife, by Deed dated October 25, 1982 and ISYKES, EOURDON. recorded in Deed Book 224, at Page 299, and as shown on plat recorded in Map APERN & I.M. P.C. Book 160, at Page 9. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach for right of way purposes, by Deed dated January 25, 1988, and recorded in Deed Book 2709, at Page 637. LESS AND EXCEPT that portion of property designated as "Parcel B, 2.002 acres" on that plat entitled "Subdivision of Property of MUNDEN AND ASSOCIATES, L.P., dated January 24, 2005, prepared by Gallup Surveyors & Engineers, Ltd., recorded in the aforesaid Clerk's Office as Instrument # 200505050067234. Said parcel having been conveyed to Richard L. Munden, by Deed dated June 15, 2005, and recorded in the aforesaid Clerk's Office as Instrument # 200506300100340. Said tract of land containing 71.680 acres is also designated "RESIDUAL PARCEL B-1" on that plat entitled, "SUBDIVISION OF PROPERTY OF MUNDEN AND ASSOCIATES, L.P.", dated January 24, 2005, prepared by Gallup Surveyors & Engineers, Ltd., which plat is recorded in the aforesaid Clerk's Office as Instrument # 200505050067234. GPIN: 2414-20-6672 CONDInONALREZONE/MUNDEN/PROFFER9 REV.7/19/05 PREPARED BY: ® SYKES. ROURDON. LA t HERN & LEVY. RC Conditional Zoning Change from AG1/A62 to PDH-2 With R-10 and P-1 - Preservation district ti A 9 AC �SM �syH.G r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Section 904 (height restrictions in the B-3A District) MEETING DATE: September 13, 2005 ■ Background: An Ordinance to amend Section 904 of the City Zoning Ordinance pertaining to maximum height restrictions for uses and structures in the B-3A Pembroke Central Business Core District. ■ Considerations: Currently, the B-3A Pembroke Central Business Core District has a maximum height of 400 feet. The proposed amendment deletes the height requirement, except in the limited circumstances set forth in subsection 904(b). Subsection 904(b) limits height when a site is adjacent to residential or apartment zoning without an intervening street or alley. There is no residential or apartment zoning presently located adjacent to any site zoned B-3A. The minimum height in the B- 3A District is 35 feet. The Planning Commission placed this item on the consent agenda because it is felt that there is not a need for a height restriction in the B-3A District. The Town Center is planned to be a very urban and dense area and a maximum height does not serve a purpose. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. City of Virginia Beach Page 2of2 ) j SubmittingDepartment/Agency: Plannin Department 9 City Manager:rV-,( ftA CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 904 OF CITY ZONING ORDINANCE Agenda Item # 19 August 10, 2005 Public Hearing REQUEST: An Ordinance to amend the Section 904 of the City Zoning Ordinance pertaining to maximum height restrictions for uses and structures in the B-3A Pembroke Central Business Core District. SUMMARY OF AMENDMENT Currently, the B-3A Pembroke Central Business Core District has a maximum height of 400 feet. The proposed amendment deletes the height requirement, except in the limited circumstances set forth in subsection 904(b) Subsection 904(b) limits height when a site is adjacent to residential or apartment zoning without an intervening street or alley. There is no residential or apartment zoning presently located adjacent to any site zoned B-3A. The minimum height in the B-3A District is 35 feet. RECOMMENDATION It is recommended that the amendments to Section 904 of the City Zoning Ordinance be approved. A maximum height of 400 feet does not appear to serve any purpose and there is market demand for taller buildings in Town Center. CITY OF VIRGINIA BEACH — AMENDMENT TO 1 2 AN ORDINANCE AMENDING MAXIMUM 3 HEIGHT RESTRICTIONS FOR USES AND 4 STRUCTURES IN THE B-3A PEMBROKE 5 CENTRAL BUSINESS CORE DISTRICT 6 7 Section Amended: City Zoning Ordinance 8 § 904 9 10 WHEREAS, the public necessity, convenience, general welfare 11 and good zoning practice so require; 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 Sec. 904. Height regulations (Business Districts). 15 (a) The maximum height for all uses and structures within 16 the B-1 Neighborhood Business District and B-lA Limited 17 Community Business District shall be thirty-five (35) feet. 18 (b) Where a zoning lot within the B-2 Community Business 19 District, B-3 Central Business District, B-3A Pembroke Central 20 Business Core District, B-4 Mixed Use District or B-4C Central 21 Business Mixed Use District adjoins the side or rear yard of a 22 zoning lot in a residential or apartment district without an 23 intervening street or alley over twenty-five (25) feet in width 24 or a body of water over fifty (50) feet in width, the following 25 maximum height regulations shall apply on that portion of the 26 commercial zoning lot within one hundred (100) feet of the 27 adjoining residential or apartment district. In cases where more 28 than one (1) of the following apply, the most restrictive shall 29 apply. 30 (1) When adjacent to residential district, the 31 maximum height shall be thirty-five (35) feet. 32 (2) When adjacent to A-12 or A-18 Apartment 33 Districts, the maximum height shall be thirty- 34 five (35) feet. 35 (3) When adjacent to A-24 Apartment District, the 36 maximum height shall be forty-five (45) feet. 37 (4) When adjacent to A-36 Apartment District, the 38 maximum height shall be one hundred twenty (120) 39 feet. 40 (c) The maximum height for hotels and motels within the B- 41 4 Mixed Use District is seventy-five (75) feet. 42 (d) Except as specified in items (a),(b) and (c) 43 hereinabove, there shall be no maximum height regulations in the 44 B-2, B-3, B-3A and 2-4 Districts. Within the B-3A Pembroke 45 Central Business Core District, the minimum building height 46 shall be thirty-five (35) feet and the fRamifRidfR biaildng r 47 shall befsdr hundred (400) feet. In the B-4C Central Business 48 Mixed Use District, minimum building height shall be thirty-five 49 (35) feet and the maximum building height shall be two hundred 50 (200) feet. 2 51 (e) Notwithstanding the above, no building or other 52 structure shall exceed the height limit established by section 53 202(b) regarding air navigation. 54 COMMENT 55 The amendments eliminate the maximum height limitation of 400 feet for buildings in the 56 B-3A Pembroke Central Business Core District, except in the limited circumstances set forth in 57 subsection (b). 58 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the day of , 2005. CA-9676 OID/ordres/B-3Aheightordin.doc R-1 June 28, 2005 APPROVED AS TO CONTENT: Pl nning Departme t APPROVED AS TO LEGAL SUFFICI NCY: { City Attorney's Office 3 Item # 19 City of Virginia Beach An Ordinance to amend Section 904 of the City Zoning Ordinance pertaining to maximum height restrictions for uses and structures in the B-3A Pembroke Central Business Core District August 10, 2005 CONSENT William Din: My next item is Item #19, which is a City of Virginia Beach application also. This is an Ordinance to amend Section 904 of the City Zoning Ordinance pertaining to maximum height restrictions for uses and structures in the B-3A Pembroke Central Business Core District. Mr. Scott, are you speaking on this issue? Is there any objection to placing this on the consent agenda? If not, Mr. Scott? I'm sorry, Mr. Bourdon. Eddie Bourdon: I do have comments regarding this that I do want to make. I don't know if you want me to speak after Mr. Scott? I'm not really in opposition to what's being proposed but I believe there is additional changes that need to be made. Dorothy Wood: Is it alright if he gets his comments? He doesn't have an objection for it being on consent. You just have comments. Am I right Eddie? Eddie Bourdon: That is correct. Robert Scott: This change is relatively simple. Dorothy Wood: After Mr. Scott, Mr. Bourdon we'll be glad to hear your comments. Robert Scott: It simply pertains to the maximum height requirements in the B-3A, which is our major central business district. It's the core of the area. Accordingly, I think it's an area that we would expect to have significant high-rise buildings and we feel that the height requirement in that area is probably not needed. We are trying to get a lot taller buildings in that area. And accordingly, our suggestion would be to remove the height requirement in that district. That is what this is all about. Dorothy Wood: Thank you sir. Mr. Bourdon. Eddie Bourdon: Thank you Madame Chair. We concur whole-heartedly with staff's conclusion that there does not need to be a maximum height limitation in the Central Business Core District. We also believe that in the B-4C Central Business Mixed Use District, which abuts it, there also needs not be a height limitation. The surrounding land uses are the same. When we went through and created the B-4C Central Business Mixed Use District a few months back, therefore the Cityview property, the proposal was that there be a 300 foot height limitation, and at the last minute that was changed to 200 feet Item # 19 City of Virginia Beach Page 2 with the argument being there were 400 feet into the Central Business Core District, 200 next to it. And frankly, between the interstate and the Central Business District we don't feel there is any. It is all going to be urban. We're talking about an urban corridor and the idea of leaving the B-4C at 200 feet when right adjacent to it, a half a sand wedge away, we're talking about no height limitations at all. We frankly, and you got a memorandum that was sent with a proposed change, an amendment to include the B-4C Central Business Mixed Use District as also not having the height limitation. We're certainly not limiting it to 200 feet when right adjacent to it you have no limitation at all. It was just approved at 500 foot plus hotel in the district. And again, very close by they're adjacent to existing condominiums that have been there for years. Those condos are across the water from Cityview. We would propose that this be approved in addition that the height limitation is really not necessary in the B-4C as well. Dorothy Wood: Thanks Eddie. Eddie Bourdon: Thank you. Dorothy Wood: Mr. Scott? Is this something that you would want to do may be next month or would you please give us some advice? Robert Scott: I think you ought to act on what's in front of you and take this other thing up as a separate measure. I understand the comments that are being made. I'm less enthusiastic about make that adjustment in the B-4C, although we can certainly look at it. I think the case is clear for B-3A. It is a core area. I think there are some urbanism that comes in degrees and this is why we're suggesting to you that the Town Center area and the area, which is the core of our area is one degree, and when we have other areas that are somewhat of a different nature. There probably is a need for some sort of height regulation in there. We could look at it but I think we ought to do it as a separate issue and we can look at it separately. And I suggest that you act on what's before you today. Bill Macali: Madame Chair? I note that you can only act on what's before you today. Dorothy Wood: Thank you sir. I appreciate that. Thank you. Then they could bring that up next month or at a different time. Thank you sir. William Din: Okay. I would like to make a motion to place on the consent agenda for today. Item #19, which is the City of Virginia Beach, it's an ordinance to amend Section 904 of the City Zoning Ordinance pertaining to maximum height restrictions for uses and structures in the B-3A Pembroke Central District and there are no conditions associated with that one. That is my motion. Do I hear a second? Donald Horsley: Second. William Din: A second by Mr. Horsley. Item #19 City of Virginia Beach Page 3 Dorothy Wood: Mr. Ripley. Ronald Ripley: I want to abstain from Item #19. Mr. Bourdon spoke for a company that I have an interest in, which would have had an affect if there had been a change to this ordinance. Thank you. Dorothy Wood: Thank you. AYE 10 NAY 0 ABS 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY ABS STRANGE AYE WALLER AYE WOOD AYE ABSENT 0 Dorothy Taylor: By a vote of 10-0, with the abstention so noted, the Board has approved Item #19 for consent. Dorothy Wood: Thank you very much.