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SEPTEMBER 27, 2005 AGENDA
CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME I CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M DYER, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At -Large RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L LILLEY CITY CLERK - RUTH HODGES SMITH, MMC I. CITY MANAGER'S BRIEFINGS 27 September 2005 - Conference Room - A. FUND BALANCE STATUS Catheryn Whitesell-Director, Department of Management Services B. TAXI CAB RATE INCREASE Catheryn Whitesell-Director, Department of Management Services II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PA 3:OOPAI V. FORMAL SESSION - Council Chamber - A. CALL TO ORDER — Mayor Meyera E. Oberndorf C E. F. G In I. J INVOCATION: Father J. Morton Biber Saint John The Apostle Catholic Church 6:00PA4. 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 AGENDA FOR FORMAL SESSION PUBLIC COMMENT 1. 2006 COMMUNITY LEGISLATIVE AGENDA PUBLIC HEARINGS 1. TOWN CENTER Special District Boundaries 2. TAXI RATE Increase Proposed Code Change 3. Agricultural Development Rights (ARP) Acquisition CONSENT AGENDA K. RESOLUTIONS/ORDINANCES September 13, 2005 1. Resolution to CONSENT to the assignment of its rights and obligations under Joint Use Agreement by Virginia Beach Mariners, Inc. for the Sportsplex to Virginia Beach Soccer, LLC. 2. Resolution DIRECTING the Planning Commission to study and propose amendments to the City's "development" ordinances re production of workforce and affordable housing. - 3. Resolution to REQUEST the Circuit Court to order a voter initiated Referendum Election on December 20, 2005, to determine the need for a Redevelopment and Housing Authority. L 4. Ordinance to AMEND Ordinance No. 2699B creating the Town Center Special Service District by modifying the boundaries. 5. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of its contract obligations in the maximum principal amount of $167.048, property of Joe M. Pecsek. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, known as Beaufort and Ocean View Avenues, north of 4840 Bay Bridge Lane by MARK S. DUNLEAVY. 7. Ordinance to ACCEPT and APPROPRIATE $60,810 from the U.S. Department of Justice to the Police Department's FY 2005-2006 Operating Budget re bulletproof vests. Ordinance to ACCEPT $58,497 from the Virginia Department of Environmental Quality and APPROPRIATE $18,497 to the Parks and Recreation Department's by 2005-2006 operating budget re enhancement to the Clean Community Program. PLANNING 1. Application of VILLAGE CHURCH for the Modification of Conditions on a Conditional Use Permit (approved by City Council on September 23, 2003) to incorporate additional acreage at 4013 Indian River Road. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of HAYGOOD SKATING CENTER, INC. for the Modification of Conditions on a Conditional Use Permit (approved by City Council on May 25, 1999), to allow the addition of Bingo as a permitted use at 1036 Ferry Plantation Road. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 3. Application of 656 ASSOCIATES, L.L.C. for the discontinuance, closure and abandonment of an unnamed, unimproved alley north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 4. Application of ELITE CUSTOM WHEELS for a Conditional Use Permit for an automobile repair garage at 4801-A Virginia Beach Boulevard. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of BAILLIO SAND COMPANY, INC. for a Conditional Use Permit for a borrow pit on the west side of Princess Anne Lane, at its intersection with Princess Anne Road. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 6. Application of SALTWATER, L.L.C. for a Change of Zoning District Classification from 0- 2 Office District to Conditional 0-1 Office District to develop the site with office buildings at 1200 Communications Circle. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 7. Applications of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions o£ a. Jefferson Avenue b. Monroe Avenue north of Virginia Beach Boulevard C. Monroe Avenue south of 19t' Street d. Parks Avenue e. Washington Avenue north of 19th Street f. Washington Avenue south of 19th Street g. Norfolk Place h. Alley east of Parks Avenue i. Alley west of Parks Avenue (DISTRICT 6 — BEACH) DEFERRED STAFF RECOMMENDATION: M. APPOINTMENTS CITIZEN'S COMMITTEE re BRAC 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) N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 9/22/05 slb www.vbgov.com August 23, 2005 Indefinite Deferral CITY OF VIRGINIA BEACH AGENDA ITEM II, �F OR NWO TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Virginia Beach Sportsplex Joint Use Agreement MEETING DATE: September 27, 2005 Background: In September 2001, the City negotiated and approved a Joint Use Agreement for the Virginia Beach Sportsplex with new ownership of the Hampton Roads Mariners. The Joint Use Agreement is a five (5) year agreement for use of the Sportsplex for up to twenty (20) soccer events per year at a user fee of $60,000 per year. In May 2002, the Hampton Roads Mariners were sold to Mike Field and the team was renamed the Virginia Beach Mariners. In July 2002, the City Council and the Virginia Beach Development Authority formally approved the assignment of the existing Joint Use Agreement to the Virginia Beach Mariners. On June 21, 2005, the Virginia Beach Mariners were sold to a new ownership group (Virginia Beach Soccer, LLC) comprised of Jerry McDonnell, Mike McCann, and Frank Wiley. All three gentlemen are local businessmen with a strong interest in the local youth soccer community. The team is continuing to use the Sportsplex for their home games under a per -game use agreement. It is proposed that the current Sportsplex Joint Use Agreement be further assigned to Virginia Beach Soccer, LLC through its current expiration date of December, 2006. All terms of the Joint Use Agreement will remain the same. City Council was provided additional information on the sale of the team and the use agreement via memo on June 23, 2005. Recommendations: It is recommended that the assignment of the current Sportsplex Joint Use Agreement to the new Mariners' ownership group (Virginia Beach Soccer, LLC) be approved by the Council and forwarded to the Development Authority for approval and formal signature. Public Information: The new Mariners' ownership group and the United Soccer Leagues (USL) Office sent news releases on June 23, 2005, announcing the sale of the team and transfer of the franchise agreement/rights to the new ownership group. Additionally, there has been ongoing media coverage via both television and print. Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Parks and Recreation tr7 City Manager'`' ,?Aa , I A RESOLUTION TO CONSENT TO THE 2 ASSIGNMENT BY VIRGINIA BEACH 3 MARINERS, INC. OF ITS RIGHTS AND 4 OBLIGATIONS UNDER JOINT USE 5 AGREEMENT FOR THE SPORTSPLEX TO 6 VIRGINIA BEACH SOCCER, LLC 7 8 WHEREAS, the City of Virginia Beach Development Authority (the 9 "Authority"), and Hampton Roads Mariners, L.L.C. ("HRM") entered into a Joint Use 10 Agreement dated as of September 4, 2001 (the "Agreement"), providing for joint use of 11 the Virginia Beach Sportsplex (the "Sportsplex"); 12 WHEREAS, pursuant to an Assignment dated May 19, 2002, HRM assigned its 13 rights and obligations under the Agreement for the Sportsplex to Virginia Beach 14 Mariners, Inc., a Virginia corporation ("VBM"); 15 WHEREAS, on June 21, 2005, VBM transferred the management and ownership 16 of the Virginia Beach Mariners, a United Soccer League First Division men's 17 professional soccer team which uses the Sportsplex for its home games, to Virginia 18 Beach Soccer, LLC ("VBS"), controlled by Jerry F. McDonnell and Michael C. McCann; 19 WHEREAS, following such transfer, VBS has been contracting with the 20 Authority for the use of the Sportsplex on a game -by -game basis; 21 WHEREAS, VBM and VBS have paid to the Authority all sums due under the 22 Agreement through the date hereof, 23 WHEREAS, VBM desires to assign its rights and obligations under the 24 Agreement for the Sportsplex to VBS; and 25 WHEREAS, the Agreement requires the consent of the Authority and the City to 26 any assignment. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH that the City desires to consent to the assignment by VBM to 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 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 VBS, subject to approval by the Virginia Beach Development Authority of the assignment and subject to the City Attorney's receipt, review and approval of all documents and information deemed necessary by the City Attorney for such assignment, including, but not limited to: A. Execution and delivery by Jerry F. McDonnell and Michael C. McCann of a Guaranty, in form and substance satisfactory to the City Attorney, guaranteeing the payment and performance of all obligations of VBS under the Agreement. A. Delivery of a letter of credit, in form and substance satisfactory to the City Attorney, as security for the timely payment and performance of all obligations of VBS under the Agreement. B. Delivery by VBS of a Certificate of Insurance satisfying the requirements of the Agreement. C. Execution and delivery by VBM and Michael L. Field, Jr. of a release and indemnity, in form and substance satisfactory to the City Attorney. D. Evidence satisfactory to the Authority of the assignment of the USL First Division (the "League") men's professional soccer franchise to VBS and approval thereof by the League. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of September, 2005. APPROVED AS TO LEGAL SUFFICIENCY: AS TO CONTENT: CA-9660 September 19, 2005 FAData\ATY\OID\REAL ESTATE\Commercial Piojects\Sportsplex\Sprt-P1x.CC Res.doc .M' N �P CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission directions to Study and Propose Amendments to the City's Development Ordinances that Enhance the Production of Workforce and Affordable Housing MEETING DATE: September 27, 2005 ■ Background: The request for this study came out of the Department of Housing and Neighborhood Preservation Partner Group, which has been examining the issue of workforce and affordable housing in the City of Virginia Beach. The Partner Group has reached a point in their deliberations where they are in need of input and assistance from the Planning Commission to move forward and expand their work. Council was briefed on this issue on August 23rd and indicated its willingness to consider this resolution. ■ Considerations: The directions are for the Planning Commission to study and recommend amendments to the City's Development Ordinances in regard to workforce or affordable housing in the three specific areas cited. The recommendations are to be returned to City Council within 6 months. ■ Public Information: The resolution will be published as an agenda item. ■ Alternatives: City Council may decide to direct the Planning Commission to study affordable housing as the resolution directs or may decide not to conduct the study. ■ Recommendations: Adoption of proposed resolution. ■ Attachments: Proposed Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborhood Preservation City Manager. L '(�q� f 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION DIRECTIONS TO STUDY AND PROPOSE 3 AMENDMENTS TO THE CITY'S DEVELOPMENT 4 ORDINANCES THAT ENHANCE THE PRODUCTION OF 5 WORKFORCE AND AFFORDABLE HOUSING 6 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; and 9 WHEREAS, the Comprehensive Plan calls for housing that meets 10 the needs of citizens at all income levels; and 11 WHEREAS, the Comprehensive Plan further identifies areas of 12 the city where new housing and new types of housing should be 13 focused; and 14 WHEREAS, the City's Development Ordinances currently do not 15 contain criteria that specifically provide for the development of 16 workforce or affordable housing; and 17 WHEREAS, it is the desire of City Council to insure that the 18 City's Development Ordinances help achieve the goals of the 19 Comprehensive Plan in regard to workforce and affordable housing. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That the Planning Commission examine and study the City's 23 existing Development Ordinances and recommend amendment in regard 24 to the following: 25 Increasing the overall supply of workforce and affordable 26 housing by encouraging increased density and mixed -use 27 development in the Strategic Growth Areas not affected by the 28 AICUZ zones; 29 30 31 32 33 34 35 Increasing the production of housing affordable to the workforce as part of new housing productions; Helping to preserve the character and value of neighborhoods and housing and assist in their preservation and enhancement. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to 36 transmit to the City Council its recommendations concerning the 37 W. 39 40 41 42 43 44 45 46 47 aforesaid study for review in April 2006. COMMENT The Resolution refers to the Planning Commission direction to study and recommend amendments to the City's Development Ordinances (the City's Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, etc.) in regard to workforce and affordable housing. The Resolution also directs the Planning Commission to transmit to the City Council its recommendation concerning the study by April 2006. This gives the Planning Commission a six-month time period to study and recommend amendments on this complicated issue. Adopted by the City Council of the City of Virginia Beach, 48 Virginia, on the day of 2005. CA-9759 H:OID\Land Use\proposed city code changes\referral-affordable R-2 September 16, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Housing and City A ney's Office Neighborhood Preservation �j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referendum for Redevelopment and Housing Authority MEETING DATE: September 27, 2005 ■ Background: On September 6, 2005, the Voter Registrar received a Petition of Qualified Voters for Referendum calling for a referendum to be held on the following question: "Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach?" The Voter Registrar has verified that the Petition is valid. ■ Considerations: The Virginia Code requires that the governing body call a referendum election upon the filing of a Petition signed by at least 100 property owners within the City. Inasmuch as the Petition has been determined to be valid, the City Council must request the Circuit Court to order the referendum election. The Resolution calls for the referendum to be held on December 20, 2005 and directs the City Attorney to take the steps necessary to ask the Circuit Court to order the referendum election. ■ Public Information: The Resolution will be advertised as a normal agenda item. ■ Recommendations: Adoption of Resolution ■ Attachments: Resolution Copies of Petition of Qualified Voters for Referendum Letter from Voter Registrar Recommended Action: Adoption Submitting Department/Agency: City Manager: 1 A RESOLUTION CALLING FOR A VOTER- 2 INITIATED REFERENDUM ELECTION TO 3 ACTIVATE A REDEVELOPMENT AND HOUSING 4 AUTHORITY 5 WHEREAS, on September 6, 2005, a private citizen submitted a 6 Petition of Qualified Voters for Referendum to the Voter Registrar 7 for the City of Virginia Beach; 8 WHEREAS, the petition was submitted pursuant to the provisions 9 of the Housing Authorities Law, which authorizes a referendum 10 election to create a redevelopment and housing authority upon the 11 filing of a petition signed by 100 freeholders of the City; 12 WHEREAS, the Housing Authorities Law requires the City Council 13 to call for a referendum election upon the filing of such a 14 petition; 15 WHEREAS, a court order calling for a referendum election must 16 be entered in order that such a referendum election be held; and 17 WHEREAS, the Voter Registrar has verified that the petition 18 was signed by at least 100 registered voters of the City of 19 Virginia Beach who also own land in the City, and thus the petition 20 is valid. 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 Pursuant to the requirements imposed by Virginia Code § 36-4, 24 the City Council hereby calls for a referendum election to be held 25 on December 20, 2005, to determine whether there is need for a 26 housing and redevelopment authority. The City Council hereby 27 directs the City Attorney to present the petition, along with a 28 certified copy of this resolution and an appropriate order, to the 29 clerk of the circuit court, for entry of an order pursuant to 30 Virginia Code § 24.2-684. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the day of , 2005. APPROVED AS TO LEGAL SUFFICIENCY 7 City Attorney s Office CA-9753 H/P&A/OrdRes/Housing Ref RES.doc Sept. 21, 2005 R-9 04 S Op OUR NA3%�N EDITH M. HARRINGTON VOTER REGISTRAR City of Virini� Leslie L. Lilley City Attorney Building 1, Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Lilley: VBgov.com P.O. BOX 6247 VIRGINIA BEACH, VIRGINIA 23456-0247 (757)427-8683 FAX (757) 426-5632 TDD (757) 427-4305 www.vbgov.com/voter September 7, 2005 We have verified that 100 of the signatories on the petition calling for a referendum question pursuant to § 36.4-1 of the Code of Virginia are registered voters as well as landowners in the City of Virginia Beach and that the petition is valid. Sincerely, Edith M. "Pat" Harrington cc: James K. Spore, City Manager I COMMONWEALTH OF VIRGINIA llVe the qualified voters of �[ RCn11�1 � — QO PETITION OF QUALIFIED County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant VOTERS to § of the Code of Virginia for a Special Election to be held FOR REFERENDUM on V • 'i 31� i , on the question listed below: Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER E, A REGISTERED AND QUALIFIED VOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REQUESTEDANDTHAT S/HE PERSONALLY URI— SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE *SEE NOTE oELow USE ONLY SIGNATURE OF REGISTERED VOTER RESIDENT ADDRESS House No. & Street Name or SOCIAL SECURITY DATE NUMBER V fPRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & City/Town SIGNED FOR LAST FOUR CIGM51 SIGN 1 PRINT J ' / (//� % C',CN, S / SIGN ! yr✓IGY3'! 7> IJ�� ,7 PRINT LCriAR;)/ 9 SIGN o 3S�i � U13/10o'-- �L7 / � l PRIN1<-�/ ✓/W L , L�KOI IJ V I(4gIIJIF!ae H, VA.. a 35z SIGN 411. \\\3' keL, SIGN iPRINT ?A f I d G✓.rlee-,c- SIGN 0 >��� r/LV/�t�) r�LL Lj PRINT III X 1V 1� 1 v V/ 'I '/ (� Yd i7 Z yr/ ( 31O) SIGN c- PRINTVEI(J��c� V\mac 1�'ll�l�y�4 IL�I r ✓� /� \ SIGNi d�./JI.t�+Sliv' / )/A �. %ri �n/_?- ���\ ( an�P c-'U .! (A- PRINT�Vp L �\\ ,� t IY�S �i� 23gl 9. SIGN �i9 b' t St f-1Gt-� P&, PRINT �j SIGN ljG��-.�� -.� �7`�� i��SE�� �� 5*"a- PRINIT 1JI << L/GI V 9Zd.24 , V 2 16 41 t✓.J f /' f1. SIGN \/ r y /V-�/i(�� 4-, /%✓ t�(i()�/ / PRINT J C Qv_ LI�J C �` j/fJ` `.�( l P / (/ / C/- CONTINUE ADDITIONAL SIGNATURES AND COMPLETE A "The social security number is part of each voter's official record and is requested only to make it possible to check this petO greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page of the petition. Numerous pages may be circulated. The circula or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in th witnessed the signature of each voter. SBE-684.1(1) 12/04 { CIP^.ULATOR: MUSTSWEARORAFFIRM INTHE AFFIDAVIT BELOW THATS/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLE TO BE, AREGISTERED AND QUALI CT FOR WHICH THE ISSUE IS REQUESTED AND THAT S/HE PERSONALLY WITNESSED EACH SIGNATURE. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE, JFFICE U6E ONLY V SIGNATURE OF REGISTERED VOTER PRINT NAME IN SPACE BELOW SIGNATURE POST OFFICE BOXESARE NOTACCEPTABLE RESIDENT ADDRESS House No. & Street Name or Rural Route &Box No, & Ci lyfrown DATE SIGNED *SEE NOTE SELOVJ SOCIAL SECURITY NUMBER OR LAST FOUR DIGITS 13. SIGN V 1 a � `/3I� PRINT � , �� vim.. eolc a .. SIGNiw/ PRINT 15. SIGN PRINT 1- Nab Z "o SIGN mm PRINT mmonwealth of Virgin - AFFIDAVIT - swear or affirm that (i) my resident address (ii) I either am, OR) am eligible to be, a qualified voter in the County/City of if applicable, District; or if this petition is for a town Issue, the Thwn c ; (iii) I reside and I am registered, or eligible to be registered, in the tour ity or town and, if applicable, the district for which this petition is circulated; (iv) I am qualified to vote or eligit qualified to vote for the issue for which this petition is circulated; and (v) I personally witnessed the signature 1 person who signed this page rse side. unde nd that the penalty for falsely signing this affida maximum fine of $2500 a or confinem nt for u ten y ATURE O RSON CIR U I ETmON / scribed and swom to (or affirmed) before me this u of 4 ` 20 dam, ommission expires on ��f —�i�H� Y t Y OR OTHER PERSON AUTHORIZED /TO AO)MI�STER OATHS ?social security number is part of each voter's official record and is requested only to make it possible t check this petition more quickly and with ater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying this document for public )ection, must cover the column containing social security numbers. SBE-684.1(1) 12104 We the qualified voters of _1i l o) Lu A aCAQC-�H County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant to § 36-4.1 of the Code of Virginia for Special Election to be held on KIO V , 12007 !S on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRcl$ ATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER IS A REGISTERED AND QUALIFIEDVOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REQUESTEDANDTHAT S/HEPERSONALLYWIT RE, SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST 0FFICE BOXES ARE NOT ACCEPTABLE *SEE NOTE BELOW USE RESIDENTADDRESS SOCIAL SECURITY ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or pq rE NUMBER V PRINT NAME IN SPACE B LOW IGNATURE Rural Route & Box No. & Cily/Town SIGNED r.,., � •.T ^' •^ R 1. SIGN PRINT //✓%��� J� ��,(� (/�fi�4f��fi? �.� SIGN 'Al Lei"-Q PRINT T'C Lj \A) it �." t\ ti\ t\ 9 SIGN Ik .r/L 3eZ t J • Li77 1� S PRINT SIGN ���..,'�_ .�./ �C� /�c C (C Cc� LAY. l._.. A% i PRINT aY 5. SIGN C/% Dl3�I�iJ� PRINT CL 6 /t"'�V _ L S l�d �'`-FF'r L�� 'A ,Z>�JT SIGN �L'-T je D/7`ep �+ A PRINT G /v d/U l • L I j /� V'— / 7 SIGN ,-CGS J132 0rrK f_C- je7C?�/_rD, %% PRINT i/ .ew) U re ��/'"T rT "' c 11'q �/ SIGN'! .� -2-- L- / j PRINT 6Y- #1 9 SIGN PRINT r SIGN 7 / PRINT r/— .-)-�% rS' l� \ Z✓/�-�� t+ I1 1 SIGN � PRINT /%L�(2fa f "✓� f� , / !��/ii^ P <�Cc,:_� �.0{--Z� C(j' Kag LCc/�ar �lZ�lpa, !/A/rr Ot_-/��7 4Zel (/ SIGN 9f PRINT w cc;- 21 d-i �� G _. CONTINUE ADDITIONAL SIGNATURES AND COMPLETE AFFII *The social security number is part of each voter's official record and is requested only to make A possible to check this petition greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying th inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page ofthe petition. Numerous pages may be circulated. The circulator or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and qu or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in the al witnessed the signature of each voter. SBE-684.1(1) 12/04 CIRCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT BELOW THAT S/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLE TO BE, A REGISTERED AND QUALIFIED VOTER OF THE DISTRICT FOR WHICH THE ISSUE IS REQUESTED AND THAT S/HE PERSONALLY WITNESSED EACH SIGNATURE. St3NER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. )FFICE POST OFFICE BOXESARE NOTACCEPTABLE U8r: *SEE NOTE BELOW RESIDENTADDRESS SOCIAL SECURITY i NLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE PRINT NAME IN SPACE BELOW SIGNATURE Route Box o. tylTown NUMBER //����,,// Rural Rt& BN& CiSIGNED J13 SIGN /rr�, GUI' f110'A10d4' ct� C 1t PRINT J n {� , �/'ad S I y' 1b11q /3C4eL,Uj a7 15. m o nn // f oZ /,1 /,v � � {� k-,-.V /- / tl,q- 1'3 0—t I / p - ,3 V, S v SIGN r/ 1 Rl Cce. knob I,c-(. /Z(lCi� j PRINT L- 1 \. 3b"e-. J97 �/Ll /� i. Vl+ 2 3A q&'� _ SIGN C h r U I Ij� PRINT'✓,. C1 ti 1� U SJ �l J� ,(� /l V Z G1� 11 3Y-p- hlI i SIGN - , 10 7Sv CB.J /T"v �/ / �r / PRINT i! • , /J� ,Q/r!� �% �376/pZ� R MIN"� f PRINT `�h�>< ��� f�� -�D !/ Gr '�-/L.� 7 �.3✓ V IL-2 '1/ eDelt IAA- e-a PRINT ✓✓ L, _46 Y -OL/ YX `X I G, /7(/ Z C r / -/ 25. SIGN PRINT SIGNIV,^ L 1 PRINTL Z L j nmonwealth of Virginia -AFFIDAVIT- V— J swear or affirm that (i) my resident address is ii) I either am, OR I am eligible to be, a qualified voter in the County/City of if applicable, District; or if this petition is far a town issue, the Town of y or town and, if applicable, the district) or which this petition is circulated; culatedred, or !I(iv) I am qualifiedgible to be to vote otein torr eligible he qualified to vote for the issue for which this petition is circulated; and (v) I personalty witnessed the signature of person who signed this page or its reverse side. I understand that the penalty for falsely signing this affidavit Taximum fine of $2500 and nfinem t for u to ten l ,E SI ATURE ERSON CI TI G PETITION CIRI cribed and sworn to (or affirmed) before me this f _� `j' , 20 mmission expires on �14 cY1 Y o Gl'% OT YOROTHERPER: CO, AUTHCIR¢EDTOADMI TER O THS social secunty number Is part of each voter's official record and Is requested only to a It possible to check this petition more quickly and with ter accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying this document for public action, must Cover the column containing social security numbers. SBE-684.1(1) 12104 VVe the qualified voters of Vi&(-iwi A /3 s County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant to § 36-`I- ( of the Code of Virginia for a Special Election to be held .on fJa iSj4d,ti IS, zeros , on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRG4LATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER IS , A REGISTEREDAND QUALIFIED VOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REQUESTEDANOTHAT S/HE PERSONALLY WIT RE. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENTTO VOTE FOR THE ISSUE. OFFICE POSTOFFICE BOXES ARE NOTACCEPTABLE *SEE NOTE BELOW USE RESIDENTADDRESS SOCIAL SECURITY ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE NUMBER V fPRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & Cityrrown SIGNED [OR LAST FOUR DMTSI n 1. SIG 5 u Z� PRINT I��S t -- 4- PRINT 73 , 0. �3}d' 1 Q - ZeL—o 3. SIGN 1k' I +/L�R \ r PRINT ltf� ;-, Vv l2ni�\ �T�_ �rA,7J V^ SIGN ICJ L Zyci Skc w, r l 8Izg� f PRINT 'CkC 1 45 (3l w4, VA,�i( SIGN � i / CH11 pPRINT —. r /f' /J - j� E7 t?R(/ `-'lul. PRIN 6, ttCiV SIGN /�/� '// PRINT�U r /1 /1 , "/ /Q// 119, // // , /— C/% // d r� SIGN ...�'2.0JJ tutltit PRINT -'� 2Cr ri l�l. ��"g �YS g SIGN L(v PRIN ✓✓(i n I/ , V ��� V / .� SIGN �.XiL _. Z 7y —', 7 077 J4 �-)`. PRINTIi 1C.A:4 23'G �( 41:11. SIGN - _ , ) — 8 ✓ A-- 23 .a PRINT U YVL , MA J � = SIGN r a 4p PRINT n� RY p oNMb+2 C.i�Jc�C �% 9.341 CONTINUE ADDITIONAL SIGNATURES AND COMPLETE AFI *The social security number is part of each voter's official record and is requested only to make it possible to check this petitic greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying i inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page ofthe petition. Numerous pages may be circulated. The circulate or affirm in the affidavit on the reverse side ofthis form that s/he resides in, and either is, or is eligible to be, a registered and q or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in the witnessed the signature of each voter. SBE-684.1(1) 12/04 CIRCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT BELOW THAT S/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLE TO BE, AREGISTERED AND QUAI° I �'i, �, TR1CT FOR WHICH THE ISSUE IS REQUESTED AND THAT S/HE PERSONALLY WITNESSED EACH SIGNATURE. ` S;GNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE U'E RESIDENT ADDRESS *SEE NOTE BELOW ONLY House No. &Street Name or SOCIAL- SECURITY SIGNATURE OF REGISTERED VOTER DATE V PRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & City/rown CZIGNED NUMBER 9. SIGN J PRINT ✓ IC3�. / ,7 SIGN r_ PRINT � 1 A 15. SIGN < TV/M-AX C f�' V/-Mqs RINT/ P. /T 11')O `5 7/ IGN4. %J�g.L. /_''jLLi% 19� L���.l1 /�LnIA. /�iC�L��1���—eIGNRINT 1PRINT /'! /VA IGN jar WMIN 24. [uR LAST FOUR nmonwealth of Virginia - AFFIDAVIT - K'�ar.� , swear or affirm That (i) my resident address is 2-,!5?4 (ii) I either am, OR 1 am eligible to be, a qualified voter in the County/City of if applicable. District; or if this petition is for a town issue, the Town of ; (iii) I reside and I am registered, or eligible: to be registered, in the county y or town and, if applicable, the district for which this petition is circulated; (iv) I am qualified to vote or eligible qualified to vote for the issue for which this petition is circulated; and (v) I personally witnessed the signature of person who signed this page or i verse side. I and rstand that the penalty for falsely signing this affidavit naximum fine of a2500 a :4confinem ntfo u t n rs. TURE PERSO RCU TING PETITION _ CIRCL scribed and sworn to (or affirmed) before me this y o N / ,mmission expires on" f"�F� r �� LYD.7 r A THERPERAUn-1,0 EDTOADMINISEROATHO�%O'N4v1h social security number is part of each voter's official record and is requested only to irnakqdoossible to check this petition more quickly and with Ater accuracy. It is not mandatory that it be provided. The General Registrar, or Cierk o Circuit Court, when copying this document for public action, must cover the column containing social security numbers. SBE-684.1(1) 12104 We the qualified voters of B"64 Cou4 or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant to § 3G t1' I of the Code of Virginia for a Special Election to be held on 2- - t'- , on the question listed below: COMMONWEALTH OF VIRGINIA ' PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER IS, A REGISTEREDANDQUALIFIEDVOTEROFTHEDISTRICT FOR WHICHTHEISSUE ISREQUESTEDANDTHATSMEPERSONALLYWITN E. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOTACCEPTABLE *SEE NOTE BELOW USE RESIDENT ADDRESS ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE SOCIALMIBER iY Rural Route & Box No. & C' NUMBER V PRINT NAME IN SPACE BELOW SIGNATURE Ily/TDwn SIGNED I. LOST FOUR DIGITS PRIN IF U. / / 4�- SIGN "1 715 DOn e OR //J(dJ% p ��//� PRINT iZa hefh. �a►�o /%/a /�PQ /b 3 SIGN lo 1 q k /L PRINT - ( % QQ�VA c SIG 5A e, v--f U&IeS& �P��� / PRINT S-hV\ Vl TtnlGitn V i rL�il� 5. slG +tl\ Lwle- I3t 105 f '/ PRINT 1'r hl% V. S. C 1� �l � �V ►$1'1 V I ( it NCAI / SIGN . 3ACTPQtzD � 1 li '�81v Cllt 1 6I 1 S�YI PRINT 15^'no- V✓� I)-r-%q , 11A -3��� �y Z7/.�/. 9 SIGN PRINT •L� V1V1 3 y Gr✓-/'[J�.J ' % SIGN C - 2-(, � Ins I�nr PRINT %� 'L1aI YI/l. (�� �5 IJ& %L'✓}Ci14 7 �q64 1 fIRIN T �.✓ Lt`•�y SIGN PRINT CONTINUE ADDITIONAL SIGNATURES AND COMPLETE AI *The social security number is part of each voter's official record and is requested only to make it possible to check this petit greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page ofthe petition. Numerous pages may be circulated. The circulal or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in IN witnessed the signature of ench voter. SBE-684.1(1) 12/04 We the qualified voters of VIz-G,, n NC-A-ck County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant to § of the Code of Virginia for a Special Election to be held on rlmu S�l/3 +� '�, cos' , on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRCtp.ATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER 1 E, A REGISTERED AND QUALIFIED VOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REQUESTEDANDTHAT S/HEPERSONALLY WIT RE. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. POST OFFICE BOXES ARE NOTACCEPTABLE OUSIE E - RESIDENT ADDRESS *SEE NOTE BELOW House No. & Street Name or SOCIAL SECURITY ONLY SIGNATURE OF REGISTERED VOTER DATE NUMBER V PRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & Cilyfrown SIGNED IOR LAST FOUR E(' � f*PR1NT'0�,La(-C1& Utz. 6ec L�/1 V0.. 2, jN -I 1v/S3 ✓�iq %2 S fr2 NT - -1 'r .z VGC. f,7 -G QC -A J V )4 �2i�� NT 11....�._ PRINT 7I////�r�rif/ Jam—_ � EA 'd CONTINUE ADDITIONAL SIGNATURES AND COMPLETE AFF "The social security number is part of each voter's official record and is requested only to make it possible to check this pefrfior greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying tl inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page of the petition. Numerous pages may be circulated. The circulator or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and qt or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in the i witnessed the signature of each voter. SBE-684.1(1) 12/04 We the qualified voters of Virginia Beach, VA County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant L'�o § 344' A� 1 of the Code of Virginia for a Special Election to be held an on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRCIIATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER I E, A REGISTERED AND QUALIFIEDVOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REQUESTEDANDTHAT S/HE PERSONALLY WI URE. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXESARE NOTACCEPTABLE *SEENQIT BELOW USE RESIDENT ADDRESS SOCIAL- SECURITY_ ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE NUMBER V PRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & City/Town SIGNED 1. SIGN // 4 PR�T,Je- V/ ,�, 1'7C C71n(-CL Vi4 j each o2311-3�3 p`�lOx SIGN ii [� ,� '�/ �ap-C\ r Oaf S PRIN"b F. t-kv ` V � aJ'� Q3 W Q� Jam, a % C !n PRINT / c-ti E / l ` r��/ Q� �j �w/dq C -` 176( iy SIGN PRINT y i�� SIG _ . PRINT -Dd4V I D J1 T7r^J V"q t 3`�, 7 SIGN ^ 20 PRIN r n VAOI3l � 7. SIG - --11 C" /\ i CA"' l� 12fa / J" n Cl/ PRINT � �.'-�/, g / V v� LS C h � Z S Z SIGN ; , c-- PRINT 7 ' LL k (zt, ViloggoJiA oet,- , 2 f- {t SIGN" S t n _5 C l l (4 PRINT r SI N r. a d yy�� PRINT 'klh Af LaLZ446-, 11. SIGN PRINT �CI i yleS �1'LZYI C�4 q 4 r,6 Ll 13 LLy r s7 / hl, , rK /hU CL (� 23 53 SIGN PRINT CONTINUE ADDITIONAL SIGNATURES AND COMPLET "The social security number is part of each voter's official record and is requested only to make it possible to check this p greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when cop inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page of the petition. Numerous pages may be circulated. The circ or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered r or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm it witnessed the signature of each voter. SBE-684.1(1) 12104 -We the qualified voters of V I RCS I N I A BEA -1A County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant to § '3to" `/- of the Code of Virginia for a Special Election to be held on _N-ve-mRaN 9-2-oe5' , on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? . CIRC*ATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVrr ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER REGISTERED AND QUALIFIED VOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REQUESTEDANDTHAT S/HE PERSONALLYN SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOTACCEPTABLE USE RESIDENT ADDRESS ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE V PRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & City/Town SIGNED 1. SIGN I1'0r,1`IJ&0 7 PRINT �/ U /1 SI y1 E Q ! 1Cc>t . PRINT 4 . U CiL1 f1 �S ✓ !Y 3. SIGN clY / �J .f lye- : Pk rL�7e D1 PRINT i LLi L . 1 b.�✓�--r l✓ A �//; SIGN 77-//��16�� PRINTOA--146 C� r ( !✓ JJ L_ V �/ //e44� v#a3fA-Iy �fl6r- -a 'F )J) 5 SIGN /) I 9 SIGN � (Izlai�a LA PRINT �v/ N + V 3 S� SIGN l-' L 1 —f OD / 1e PRl^1T_ ' _ A / L 0. tt, SIGN /� �p PRINT R:.a/f=-L FI P�Tf /� r2u�7rnHE�C�.�l�i�t� /o / V l��A,/�� �� 2 SIGN C. c jJ r �� l `/Errs PRINT CONTINUE ADDITIONAL SIGNATURES AND COMPLETE Al *The social security number is part of each voter's official record and is requested only to make it possible to check this petit greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copyinf inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page of the petition. Numerous pages may be circulated. The circulal or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in thr witnessed the signature of each voter. BELOW A SBE-684.1(1) 12/04 CERCULATOR: MUST SWEAR AFFIRM IN THE AFFIDAVIT BELOW THAT S/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLETO BE, A REGISTERED At FOR WHICH THE ISSUE IS REQUESTED AND THAT S/HE PERSONALLY WITNESSED EACH SIGNATURE. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE LSE RESIDENT ADDRESS ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE V PRINT NAME IN SPACE BELOW SIGNATURE Rural Route &Box No. & City/Town SIGNED SIGN c 2, C �C O In I_fJrn 31 PRINT ehYIC'JZV, -�• O�Q� V I r I n I 4-11� V 17 �)3T"S� ci 0O.1/ SIGN t1. FvQ �kj* TATjcN 0, 3 1{ e N C p SEP PRINT Ti�L���/\ _ 1/l#9G1&f0q 6£4c1f. V# 23y-SS .�nnC SIGN 1 ' L` L��il�— �Qq I �Jy- �SIGN PRINT ,.� (�� r..r ��J ��/�� iPRI.T G N Be o - r ei t C /Vial Ieh I Cl. �e G 7J '7-10 T' 17. SIG /' ed C/i , 2n3- PRINT rr et(% A �J Z -2 3 3 t �*%X 72rV1- S�-p ? '�<-,�- 1SIGN PRINT //D�IJ�+'%S' 0, L%l {ILFr-.'� YAt/T, UG�l L35`S� .2 �. �'/' SIGN 19. J/eis c �J^ C J t'� l IjC/14 f--b �u4• � , ` PRINT �. C9 �• I S o/'t l �_Q. �Ajl ' /�f V/%2�/N//i' r�/_AL/7� ✓�. �S�S� SIGN PRINT :ommonwealth of Virginia 6� A, A6LJJuiCI - AFFIDAVIT . swear or affirm that (i) my resident address is --A , VA 13 4 S"l lat (ii) I either am, OR I am eligible to be, a qualified voter in the County/City of Vt (Lia, ,,, , A- nd, if applicable, District; or if this petition is for a town issue, the Town of (iii) I reside and I am registered, or eligible to be registered, in the county r city or town and, if applicable, the district for which this petition is circulated; (iv) I am qualified to vote or eligible I be qualified to vote for the issue for which this petition is circulated; and (v) I personally witnessed the signature ech person who signed this page or its reverse side. I understand that the penalty for falsely signing this affida a maximum fine of $2500 and/or cqnnfinement for up to ten years. SIGNATURE OF PERSON CIRCULATING PETITION ubscribed and swom to (or affirmed) before me this 3 0 -►— , 20 ZS . y commission expires opC_�. 4 �wJ c �f f✓ V— ,9THERPF,R30NTH R2EDTOADMINISTER O S ```SEE NOTE BELOW SOCIAL SECURITY I NUMBER, ,k- he social security number is part of each voter's official record and is requested only to make it pos ' le to check this petition more quickly and with )reater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying this document for public nspection, must cover the column containing social security numbers. SBE-684.1(1) 12104 We the qualified voters of VI &-61„r !h !j,' i County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant toN'36" Y. of the Code of Virginia for a Special Election to be held on 2a c i;- , on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLE TO BE, A REGISTEREDAND QUALIFIEDVOTER OFTHE DISTRICTFOR WHICHTHE ISSUE IS REQUESTEDANDTHAT S/HE PERSONALLYWITNESSEDEACH SIGNATURE. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE USE RESIDENT ADDRESS ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE V IPRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & Cily/rown SIGNED o I << .e _ ?•27 ©S- SIG n c�4 "/ v t� PRINT a t'! ! o 11) I CL. f / Y[3. 2s' 46 SIGN 31 JI/ PRINT "fj`c' S u• f6d,$ (//✓`' 6".'i ��. Cv.i4'�� O I Cy l D S Cpn I- A) IT -� F10Q r P>L-�clC 1�A�� V �f%� a 3 7 (Da I `�C Yn • �J ��S 1G/ y y� IT �r7t-r�(� ''1Ii1� �}lyLgQ 0A. 15EPI"N VA as31-1%q LA 6 I TG G>r "4 4' 2�3 5�6 v SIGN CONTINUE ADDITIONAL SIGNATURES AND COMPLETE A "The social security number is part of each voter's official record and is requested only to make it possible to check this petit greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copyini inspection, must cover the column containing social security numbers. All signatures required bylaw need not be on the same page of the petition. Numerous pages may be circulated. The circula or affirm in the affidavit on the reverse side ofthis form that s/he resides in, and either is, or is eligible to be, a registered and or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in th( witnessed the signature of each voter. SBE-684.1(1) 12/04 CIkCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT BELOW THAT S/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLE TO BE, A REGISTERED AND FOR WHICH THE ISSUE IS REQUESTED AND THAT S/HE PERSONALLY WITNESSED EACH SIGNATURE, SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE USE RESIDENT ADDRESS ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE V PRINT NAME IN SPACE BELOW SIGNATURE pRural Route & Box No. & City/Town SIGNED cr_ i i A/LGfX. 1"747 77O _9 L. 15. PRINT SIGN PRINT 17 SIGN PRINT SIGN PRINT 19 SIGN PRINT SIGN PRINT % 3-g S G/e z ✓,fz&Wr►k)j&4`I0r41V✓4.23ti9— 1 ser3,or F 'ommonwealthA of Virginia - AFFIDAVIT - IN , /�' `4` �� swear or affirm that (i) my resident address zll?(o C+tAtiv vy NF-j V/ z-k 1,4r.t >3z,t , Vx Z3,1S) 3 iat (ii) I either am, OR I am eligible to be, a qualified voter in the County/City of Vl:zb +u I A (3 s-c'4� nd, if applicable, District; or if this petition is for a town issue, the Town c _ : (iii) I reside and I am registered, or eligible to be registered, in the cour r city or town and, if applicable, the district for which this petition is circulated; (iv) I am qualified to vote or eligil: ) be qualified to vote for the issue for which this petition is circulated; and (v) I personally witnessed the signature ach person who signed this page or its reverse side. I understand that the penalty for falsely signing this affida, a maximum fine of $2500 and/or nc�o finemelt for u to ten years. SIGNATURE OF PERSON CIRCULATING PETITION CIRCULA• subscribed and sworn to (or affirmed) before me this of , 20 O ly commission expires on�dra 026l��f /r l If N()TADV f1D (TrWPP DPD—. Am tnenen Try nnn.c�n ...r. .. *SEE NOTE BELOW SOCIAL SECURITY NUMBER the social security number is part of each voter's official record and is requested only to make it Wsible to check this petition more quickly and with greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying this document for public Inspection, must cover the column containing social security numbers. SSE-684.1(1) 12104 We the qualified voters of t rr1 i , \JA County or City or Town and District, if applicable 4Ved hereunder do hereby petition the circuit court to enter an order, pursuant to § of the Code of Virginia for a Special Election to be held on r; i 3:� 3� on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CONTINUE ADDITIONAL SIGNATURES AND COMPLETE AF *The social security number is part of each voter's official record and is requested only to make it possible to check this petiti greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page of the petition. Numerous pages may be circulated. The circulat or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in the witnessed the signature of each voter. SBE-684.1(1) 12104 CIRCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT BELOW THAT S/HE RESIDES INAND EITHER IS, ORISELIGIBLE TOBE, AREGISTERED AND FOR WHICH THE ISSUE IS REQUESTED AND THAT S1HE PERSONALLY WITNESSED EACH SIGNATURE, SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE, OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE USE RESIDENT ADDRESS ONLY V SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE PRINT NAME IN SPACE BELOW SIGNATURE Rural Route & Box No. & City/Town SIGNED T13, SIGN PRINT 1 �X , for, l0 VIN ICE PRINT L ACJV l., L t7aL -. (� l Q c, 0 R nn 15. SIGN PRINT J_iC%i'� :�e� ice . S i ; l"�(TvG S � G� i, ' �� •a3 LI L L SIG \�5 �v� PRINT v„ 17. SIGN ✓C (f l li ( �y PRINT ( e" 1 ��4'.-'V_ (�` 1 ZJ�1'�-� -I[`--' SIGN , rS�/ I II 4C5 PRINT �a���Gta ' ,`� CCQ,AL \f/A� I^ V 11 `kJQ��'Y l �`h 19. PRINT Commonwealth of Virginia - AFFIDAVIT - i�lu!y I�LSItfL swear or affirm that (i) my resident addres that (ii) I either am, OR I am eligible to be, a qualified voter in the County/City of 1��L na' ✓i I and, if applicable, District; or if this pefition is for a town issue, the Town ; (iii) I reside and I am registered, or eligible to be registered, in the cot x city or town and, if applicable, the district for which this petition is circulated; (iv) I am qualified to vote or elig— :o be qualified to vote for the issue for which this petition is circulated; and (v) I personally witnessed the signature I aach person who signed this page or its reve side. I understand that the penalty for falsely signing this affidat s a maximum fine of $2500 and/or co r fine . nt up to ten years. SIGNATURRAOF PERSON CIRCULATING PETITION CIRCUU 3ubsenbed and sworn to (or affirmed) before me this day of 20 D �. my eommissiao expires on *SEE NOTE BELOW SOCIAL SECURITY NUMBER 1,R LAST FOUR n"-Tsl NOTArR OTHERIPERSON AUTHORIZED TO ADMINISTER OATHS 'The social secuity Dumber is part of each voter's official record and Is requested only to make R possible to check this petition more quickly and with greater accuracy. it is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying this document for public Inspection, must cover the column containing social security numbers. SBE-684.1(1) 12/04 We the qualified voters of Vl. #-to t,.r i A i County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant to § 36-`I-1 of the Code of Virginia for a Special Election to be held on No,j on the question listed below: COMMONWEALTH OF VIRGINIA PETITION OF QUALIFIED VOTERS FOR REFERENDUM Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRC*ATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER REGISTEREDAND QUALIFIED VOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REQUESTED ANDTHAT S/HEPERSONALLY% SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE USE RESIDENT ADDRESS ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE V [PRINT NAME IN SPACE BELOW SIGNATUREI Rural Route & Box No. & City/Town Qu:fllFnf { a 4 G 67 PRINT C411 V - c' / 61 ry% SIGN PRINT V �1 \ V� t Nj�\I 3 SIGN �/OyDe �dSPJLdd -3 Q PRINT � j V9, BuT- (%// /JG/l �j SIGN \Su ASV u N50 OI2 a ? / -1 "CS �. PRINT /� A/S cc / 0 A D� G V �J 56 %� n SIGN ZS &, eJ n `.i1G PRIN 6 ��IA— 7 SIGN % tJ9 If a� ///r1A9/6(cCGK.6LICR L-ne 7-03 -65 PRINT Cat �J\r lc<er UG, (bD-z,4 VA -04St SIGN I lo�s� A&U> L� ////O `mot PRINT J O Z �f� J7C ry c rt ✓fr 3 `{ SIGN 9. 11\ `��i GY.�JZAJ LN c, 4 y O rr PRINT`_ A\ t-\ , \ �iAAGy V o��`IS SIGN. PRINT�`(1.IQ, I \�C�\Si...\ V� 1� `I4' �, JSIGN Q(/ 3� �v` /NT-'� 1F / `Cy NT ' v 4 I C l '7 �%G �- 2 os �U12tG� 2 nI C f- v S CONTINUE ADDITIONAL SIGNATURES AND COMPLETE AI "The social security number is part of each voter's official record and is requested only to make it possible to check this petit greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copyinc, inspection, must cover the column containing social security numbers. All signatures required by law need not be on the same page of the petition. Numerous pages may be circulated. The circular or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in thl witnessed the signature of each voter. *SEE NOTE BELOW SOCIAL SECURITY NUMBER A S13E-684.1(1) 112104 CFRCULATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT BELOW THATS/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLE TO BE, A REGISTERED AND FOR WHICH THE ISSUE IS REQUESTED AND THAT S/HE PERSONALLY WITNESSED EACH SIGNATURE. SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOTACCEPTABLE USE RESIDENT ADDRESS ONLY SIGNATURE OF REGISTERED VOTER House No. & Street Name or DATE V PRINT NAME IN SPA BELOW S T U RE J.�Rural Route & Box No. & City/Town SIGNED fl e� SIGN a t��/ �/fC�/� �l✓ls'� c.-I 9/1i0_S 15. _ - //�� _ e J/ii/ l/I A 1;Ti i ... .. .._. law NEWS 2] E�►��'LTI�i •• �,, - -M41 4 J, GoA-✓'q �� Vlq -23 4 f-/9 �g �s //09 &ac 6c�ryL� o�s4S 1 ✓1) SEE NOTE BELOW SOCIAL SECURITY AFF 9AAL���i Commonwealth of Virginia - AFFIDAVIT - c %emu c rT e j e_ swear or affirm that (i) my resident address is %Z �« 14e b Ihat (ii) I either am, OR I am eligible to be, a qualified voter in the County/City of ' and, if applicable, District; or if this petition Is fo a town i sue, the Town of (iii) I reside and I am registered, or eligible to be registered, in the county :)r city or town and, if applicable, the district for which this petition is circulated; (v) I am qualified to vote or eligible Io be qualified to vote for the issue for which this petition is circulated; and (v) I personally witnessed the signatur aach person who signed this page or its reve a ide. I understand that the penalty for falsely signing this affid s a maximum fine of $2500 and/or confinem nt for up to ten y a". SIGNAT E O PERSON CIRCU TING TmON Subscribed and sworn to (or affirmed) be re me this l—` of SG 20 QS Ay commission expires on�F �a6•wra6� �� P ARY OR OTHER PERSON AUTH RRE TOAD INISTE ATHS The social security number Is part of each voter's official record and Is requested only to make It possible to check this petition more quickly and with greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying this document for public Inspection, must cover the column containing social security numbers. SSE-684.1(1) 12/04 COMMONWEALTH OF VIRGINIA We the qualified voters of VkG ltjl A 96utcv-�- PETITION OF QUALIFIED County or City or Town and District, if applicable signed hereunder do hereby petition the circuit court to enter an order, pursuant VOTERS v)eQ- to § �`f +� 3�"`� i of the Code of Virginia for a Special Election to be held FOR REFERENDUM on S, S , on the question listed below: Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CONTINUE ADDITIONAL SIGNATURES AND COMPLETE "The social security number is part of each voter's official record and is requested only to make it possible to check this pall greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copyin inspection, must coverthe column containing social security numbers. All signatures required by law need not be on the same page of the petition. Numerous pages may be circulated. The circuit or affirm in the affidavit on the reverse side ofthis form that s/he resides in, and either is, or is eligible to be, a registered an( or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in th witnessed the signature of each voter. SBE-684.1(1) 12/04 We the qualified voters of VI Rc, m iA COMMONWEALTH OF VIRGINIAPETITION OF QUALIFIED County or City or Town and District, if applicable • signed hereunder do hereby petition the circuit court to enter an order, pursuant VOTERS vvk� to §s fit" 36'`t, of the Code of Virginia fora Special Election to be held FOR REFERENDUM on on the question listed below: Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? CIRCqLATOR: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT ON THE REVERSE SIDE OF THIS FORM THAT S/HE RESIDES IN AND EITHER I E, A REGISTEREDAND QUALIFIEDVOTER OFTHE DISTRICT FOR WHICHTHE ISSUE IS REOUESTEDANDTHAT S/HE PERSONALLY WI URE: SIGNER: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN INTENT TO VOTE FOR THE ISSUE. OFFICE POST OFFICE BOXES ARE NOT ACCEPTABLE *SEE NOTE BELOW USE RESIDENT ADDRESS SOCIALSECURITY ONLY SIGNATURE OF REGISTERED VOTER House No. &Street Name or DATE J�NIUIMBER V PRINT NAME IN SPACE BELOW SIGNATURE c Rural Route & Box No. & Cit/y/rown SIGNED t SIGN � % 1 S jJ� 21 ISO 2 Lnrlo_ PRINT I/� J4X l� OIiS VGl�2C�C� VA. 2-3'4(.Y SIGN c. C mac=Crn� ll? CM"t'DAGA >� p PRINT �G�SC%�El %� lL Ll/)• E/KY1 , U,!1 (1�� 7-3-0S SIGN ,! PRI rsL B: o,ye; rJ _/_��. -t� i o7 y j T Lr SIGN PRINT//��,/—C / iL 2% �tC/-� � 223 PRINT G �A ct4Y �i - Z3 4-i Z \\4\pID 7. SIGN i v- J/ C L 7-) PRINT \. I �l7 l \ 0 L`)�.) �fi�_G1 SIGN PRINT -� �°lE " / [ 11 9. SIGN7� PRINT G / l �,? Oo . 42,1- UG{� SIGN. 7Z 5 'G�C� hCt hr Tel RINT '/1D�010A-) ✓ ot��r�S /�.�u�, �/3 z3ff�,�/ 11. SIGN PRINT l / SIGN LL il lei il1' ri G Yti PRINT �G �r\'L! i /� U l� �� 7 y/ CONTINUE ADDITIONAL SIGNATURES AND COMPLETE F "The social security number is part of each voter's official record and Is requested only to make it possible to check this petit greater accuracy. It is not mandatory that it be provided. The General Registrar, or Clerk of Circuit Court, when copying inspection, must cover the column containing social security numbers. All signatures required bylaw need not be on the same page of the petition. Numerous pages maybe circulated. The circulal or affirm in the affidavit on the reverse side of this form that s/he resides in, and either is, or is eligible to be, a registered and or city or town and, if applicable, the district for which the issue is requested. The circulator also must swear or affirm in IN witnessed the signature of each voter. SBE-684.1(1) 12/04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Ordinance Establishing the Town Center Special Service District to Modify its Boundaries MEETING DATE: September 27, 2005 ■ Background: The City has had a long-term goal of developing the Town Center to improve the overall form and quality of the development within the Central Business District core area and transform mostly undeveloped or underdeveloped land into an attractive, high quality, intensive, pedestrian designed, mixed use town center. To achieve this goal, on November 23, 1999, the City Council adopted the Central Business District - South Tax Increment Financing (TIF) District with the intent of entering into an agreement with a private developer and earmarking TIF revenues as a source of funding for public infrastructure. On February 8, 2000, the City Council approved the initial Development Agreement for the Town Center. Subsequent agreements for different phases have also been approved by City Council. Although the TIF revenues serve as a source of funding for public infrastructure, a Special Service District was created on May 14, 2002 by City Council to fund the annual operations and maintenance expenses of the public parking facility as well as an enhanced level of maintenance of the public infrastructure (roads, sidewalks, streetscapes, etc.). The district funds the annual operations and maintenance of the garage, and it will provide funding for street sweeping, pressure washing, landscaping services, refuse collection, valet services, and special events. The annualized cost of these services equates to $.57 per $100 of assessed value, and is only paid by businesses within the district at the Town Center rather than the general public. ■ Considerations: The Development Agreement recognizes that the boundaries of the Special Service District may be expanded to include new development as it is completed. Block 10 is expected to be complete for assessment purposes on October 1, 2005, and this block will be receiving enhanced maintenance services. The modified boundaries are described on the accompanying map and are not applicable to other properties located within the Town Center TIF District. ■ Public Information: Public Information was provided through notices of public hearings published in The Beacon for three consecutive Sundays, beginning on September 4, 2005 and ending September 18, 2005. Other public information will be handled through the normal Council agenda process. ■ Alternatives: The Development Agreement, which has been approved by Council, commits the City to the maintaining the Special Service District at the Town Center, with no cost to the general public. ■ Recommendations: Approval of the Ordinances to modify the boundaries of the Town Center Special Service District and appropriate additional revenue to the Town Center Special Service District. ■ Attachments: Ordinances and map Recommended Action: Approval J Submitting Department/Agency: Management Service �� City Manager: k , WI 1 AN ORDINANCE AMENDING THE ORDINANCE 2 CREATING THE TOWN CENTER SPECIAL 3 SERVICE DISTRICT BY MODIFYING THE 4 DISTRICT'S BOUNDARIES 5 6 WHEREAS, by ordinance adopted May 14, 2002 (Ordinance 7 #2699B), the City Council of the City of Virginia Beach 8 established the Town Center Special Service District to provide 9 an enhanced level of City services and maintenance for public 10 infrastructure at the Town Center; and 11 WHEREAS, after conducting a public hearing, the City 12 Council has determined that it would be in the best interests of 13 the City and its citizens to expand the Town Center Special 14 Service District to provide additional, more complete and more 15 timely services to the public facilities and areas in the Town 16 Center, as described in the ordinance adopted on May 14, 2002. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That Ordinance #2699B, "An Ordinance Creating the Town 20 Center Special Service District," is hereby amended to modify 21 the boundaries of the Town Center Special Service District, as 22 follows: 23 2. Boundaries of District. 24 (a) The District is bounded as follows: Beginning at the 25 southeast corner of the intersection of Virginia Beach Boulevard 26 and Market Street, moving south to the southeast corner of the 27 intersection of Potomac Street and Market Street, then moving 28 west along Potomac Street to the southeast corner of the 29 intersection of Independence Boulevard and Potomac Street, then 30 moving south along Independence Boulevard to the northeast 31 corner of the intersection of Independence Boulevard and 32 Southern Boulevard, then moving east along Southern Boulevard to 33 the northeast corner of the intersection of Southern Boulevard 34 and Market Street, then moving to the north along Market Street 35 to the northeast corner of the intersection of Columbus Street 36 and Market Street, then moving to the east along Columbus Street 37 to the northwest corner of the intersection of Columbus Street 38 and Constitution Drive, then moving to the north along 39 Constitution Drive to the southwest corner of the intersection 40 of Constitution Drive and Virginia Beach Boulevard, then to the 41 west along Virginia Beach Boulevard to the point of beginning. 42 (b) Within the boundaries described above, the following 43 area, which will not receive enhanced maintenance or services, 44 shall be excluded from the District: beginning at southwest 45 corner of the intersection of Potomac Street and Market Street, 46 then moving west along Potomac Street to the southeast corner of 47 the intersection of Potomac Street and Independence Boulevard, 48 then moving south along Independence Boulevard to the northeast 49 corner of the intersection of Independence Boulevard and 50 Columbus Street, then moving east along Columbus Street to the 51 southwest corner of the intersection of Columbus Street and 52 Center Drive Central Park Avenue, then moving north on Trewn 53 CeRteE Drive Central Park Avenue to the southwest corner of the 54 intersection of T-ewn Genter- DiA e Central Park Avenue and Main 55 Commerce Street, then moving west on Hain Commerce Street to the 56 southwest corner of the intersection of Main Commerce Street and 57 Centi-al: P-aikAv:enue Market Street, ichen sea-t-h—en GentEal Park 59 Park Avenue and GeFFffieEee S t reed 60 61 pticeet and Market Street then north along Market Street to the 62 point of beginning. 63 (c) The particular boundaries of the District and the 64 excluded areas are set forth in detail in the attached map, 65 labeled as "Exhibit A," which shall control in the event of any 66 discrepancy between the map and the description in the preceding 67 paragraphs. 68 BE IT FURTHER ORDAINED: 69 That this ordinance shall be effective on October 1, 2005. 70 Adopted by the Council of the City of Virginia Beach, 71 Virginia on the day of , 2005. Approved as to Content Management Services Approved as to Legal Sufficiency , jaty � t 'glA City Attorney' Office CA9750 H:PA\GG\OrdRes\Town Center Boundaries ORD R-2 September 14, 2005 lw NN �e R QA79YJW7QN.7d7QN1 A J ______._ _______ -------- ----------- ------------- A A 1 0 A O g o J cn ---------- ------ ____- ---------- -- ---- 9— m ------ ------ _-_-___ _ ____ ______ ----A ---- ----5_----- 'mil ------- ' ___-$---- _--- ------ ____ ____ 0 ---------- ----g -----------------g----- - — ------- ------- MA RKE T STREET J ^ V\l ----- - ---- ______ ____._.______, N - A O ------------------- o v oo - o - 111111111111111�1IIIL g b f c 712NHAVYWVd7YMLNr70 ------- ----------- __ ___. Q. -------------- ----' Ri A V o -------- y-----------r-- - -----------__ y' y g q ----------- `------- t I o . ----------- F-------- y - _.. ----------- - --- J f � 7AIXQ YLVINZO NM0.1 V AA J N. N A O (J� A O OD O O O O O O _ _ CONSTITUTION DRIVE - ' '------------------------------- ------ ----------- ,______________________ ------------ r-------- ----------- . __-__--___-I �_-__ ' „� 1 2 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $167,048 (Property of Joe M. Pecsek) MEETING DATE: September 27, 2005 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 29.83 acres outside of marshland or swampland. It is owned by Joe M. Pecsek. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, none of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Crags Causeway, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $167,048. This price is the equivalent of approximately $5,600 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.00% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.00% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manage . jen 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $167,048 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the to "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of the material terms of which is hereto attached, and a true copy of 14 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 15 (as defined in the Installment Purchase Agreement) on certain property located in the City 16 and more fully described in Exhibit B of the Installment Purchase Agreement for a 17 purchase price of $167,048; and 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 1. The City Council hereby determines and finds that the proposed terms and 26 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 27 Agreement, including the purchase price and manner of payment, are fair and reasonable 28 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 29 is hereby authorized to approve, upon or before the execution and delivery of the 30 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 31 balance of the purchase price set forth hereinabove as the greater of 4.00% per annum or 32 the per annum rate which is equal to the yield on United States Treasury STRIPS 33 purchased by the City to fund such unpaid principal balance; provided, however, that such 34 rate of interest shall not exceed 6.00% unless the approval of the City Council by resolution 35 duly adopted is first obtained. 36 2. The City Council hereby further determines that funding is available for the 37 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 38 the terms and conditions set forth therein. 39 3. The City Council hereby expressly approves the Installment Purchase 4 o Agreement and, subject to the determination of the City Attorney that there are no defects 41 in title to the property or other restrictions or encumbrances thereon which may, in the 42 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 43 Manager or his designee to execute and deliver the Installment Purchase Agreement in 44 substantially the same form and substance as approved hereby with such minor 45 modifications, insertions, completions or omissions which do not materially alter the 46 purchase price or manner of payment, as the City Manager or his designee shall approve. 47 The City Council further directs the City Clerk to affix the seal of the City to, and attest 48 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 49 incurrence of the indebtedness represented by the issuance and delivery of the Installment 50 Purchase Agreement. 2 51 4. The City Council hereby elects to issue the indebtedness under the Charter 52 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 53 the indebtedness a contractual obligation bearing the full faith and credit of the City. 54 55 Adoption requires an affirmative vote of a majority of all members of the City 56 Council. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 , 2005. CA-9693 HA0lD\REAL ESTATEWRPTmek DF6043WRP approval ordin.doc R-1 September 16, 2005 APPROVED AS TO CONTENT A • 0epaitment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ffice CERTIFIED AS TO AVAILABILITY OF FUNDS: g%y', 41.z �- Director of Finance 3 m a c4m) �- l AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO.2004-64 SUMMARY OF MATERIAL TERMS SELLER: PECSEK, Joe M. PROPERTY LOCATION: 6269 Crags Causeway, Princess Anne District PURCHASE PRICE: $167,048 EASEMENT AREA: 29.83 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.00% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.00% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. G\hlh Flf,�,�♦ G 1Ca ZG\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request into City property known as Beaufort Avenue and Ocean View Avenue, by Mark S. Dunleavy MEETING DATE: September 27, 2005 ■ Background: Mr. Dunleavy requests permission to construct and maintain a variable height, 9.5' long wood retaining wall on Beaufort Avenue on the west side of his property located at 4840 Bay Bridge Lane and a 3' by 36' wood walkway on Ocean View Avenue, adjacent to the rear of his property at 4840 Bay Bridge Lane, Virginia Beach, VA. Previous improvements to the site have been removed and the site is being re -developed with a single family detached dwelling and associated improvements, resulting in this encroachment application. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. There are similar encroachments in the Chesapeake Beach neighborhood, which is the location of the proposed encroachments. ■ 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, Agreement, Plat and Pictures Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works City Manager: 5`L, I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BEAUFORT AVENUE TO 7 THE WEST AND OCEAN VIEW 8 AVENUE TO THE NORTH OF 4840 9 BAY BRIDGE LANE BY MARK S. 10 DUNLEAVY, HIS HEIRS, ASSIGNS 11 AND SUCCESSORS IN TITLE 12 13 WHEREAS, Mark S. Dunleavy desires to construct and maintain a variable 14 height, 9.5 foot long wood retaining wall within the City property located beside 4840 15 Bay Bridge Lane and a 3-foot by 36-foot wood walkway within the City property located 16 behind 4840 Bay Bridge Lane, Virginia Beach, Virginia. 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mark S. Dunleavy, his heirs, 24 assigns and successors in title are authorized to construct and maintain temporary 25 encroachments for a variable height, 9.5 foot long wood retaining wall and a 3 foot by 26 36 foot wood walkway on the City property as shown on the map entitled: "EXHIBIT `A' 27 SHOWING ENCROACHMENT OF EXISTING WOOD RETAINING WALL INTO 28 BEAUFORT AVENUE (UNIMPROVED R/W) & ENCROACHMENT OF EXISTING 29 WOOD WALKWAY INTO OCEAN VIEW AVENUE (UNSPECIFIED RM) BENEFITING 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 57 58 LOTS 1&2, BLOCK 17 SUBDIVISION OF CHESAPEAKE PARK (MB 4, PG 47) GPIN: 1570-52-1768 VIRGINIA BEACH, VIRGINIA" 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 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Mark S. Dunleavy (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 Mark S. Dunleavy and the City Manager or his authorized designee execute the Agreement. day of Adopted by the Council of the City of Virginia Beach, Virginia, on the 2005. APPROVED AS TO CONTENTS S�dNATURE PLO "I f; DEPARTMENT APPROVED AS TO LEGAL )7FICIETYND FORM C ATTORNEY F: I Data I M I0ID I REAL F9= ( Et=roadYn3t-s I Ra UdineY�oes I ardeaw ad�.dx CA- R%01I PREPARED: 8/18/05 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-811(c)(4) THIS AGREEMENT, made this day of , 20 S , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARK S. DUNLEAVY F/K/A MARK B. DUNLEAVY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOTS 1 AND 2" as shown on that certain plat entitled "CHESAPEAKE PARK PRINCESS ANNE CO, V.A." Scale 1" = 200 ft. Amended Plat made from Blueprint with certain changes for A.M. Ward October 14th, 1919, and being further designated and described as 4840 Bay Bridge Lane, Virginia Beach, Virginia 23455; and That, WHEREAS, it is proposed by the Grantee to maintain a wood retaining wall and a wood walkway "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 50' right of way known as Beaufort Avenue, and an unimproved City right of way known as Ocean View Avenue, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1570-52-1768-0000 It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT `A' SHOWING ENCROACHMENT OF EXISTING WOOD RETAINING WALL INTO BEAUFORT AVENUE (UNIMPROVED R/W) & ENCROACHMENT OF EXISTING WOOD WALKWAY INTO OCEAN VIEW AVENUE (UNSPECIFIED R/W) BENEFITING LOTS 1 &2, BLOCK 17 SUBDIVISION OF CHESAPEAKE PARK (MB 4, PG 47) GPIN: 1570-52-1768 VIRGINIA BEACH, VIRGINIA" dated FEBRUARY 7, 2005, 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 attorneys fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor K 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 3 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mark S. Dunleavy, the said Grantee has caused this Agreement to be executed by his 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 Mark S. Dunleavy f/k/a Mark B. Dunleavy 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: 0 Notary Public 0 0 2 yea y row A �� S N co 64'2712 E 3" x 36' EXISTING WOOD WAL KWA Y (ENCROACHMENT) ° OMAN NEW AWME (UN99FU/RM & UNIMPROkM RIW) (MR 4, PG 47) 63.17 33.50' 29.67' o o I -� LOT 1 I LOT 2 a clo LOTS 3&4 C cA AR_ A=5 369 SF OR of GPIN NO. 1570-52-2706 rn (OB 1810, PG 732) 0.123 AC GPIN:1570-52-1768 �0 (DB 3982, PG 1006) lk VARIABLE HEIGHT, 9.5' LONG N in EX/STANG WOOD N Un RETAINING WALL N o (ENCROACHMENTS C14 BAY BRIDGE LANE N 72'33'54" W Z I I U) (PRIVATE DRII1E) 9 37' ( I 9 INGRESS/EGRESS EASEMENT (OB 3426,PG 7551) M 44.61' N 64'01'37" W �1 �P LOT 38 o LOT 37 GPIN NO. 1570-52-16J8 GP/N NO 1570-52-1638 (DB 3859, PG 1241) (DB 3859, PG 1241) EXHIBIT 'A.' SHOWING ENCROACHMENT OF EXISTING WOOD RETAINING WALL MSA� P.C. INTO BEAUFORT AVENUE (UNIMPROVED R/W) & Landscape Architeeture -Planning ENCROACHMENT OF EXISTING WOOD WALKWAY I OLLSurveying. Engineering INTO OCEAN VIEW AVENUE (UNSPECIFIED R/W) Environmental Sciences BENEFITING LOTS 1 &2, BLOCK 17 5033ROUSE DRIVE, VIRGINIA BEACH, VA23$62-3708 SUBDIVISION OF CHESAPEAKE PARK PHONE (757) 490-9264 PAX (7s7)00-0634 (MB 4, PG 47) PROJ. NO.: 04089 GPIN: 1570-52-1768 VIRGINIA BEACH VIRGINIA DATE: 02-07-05 SCALE: 1" = 20' FIGURE 1. Encroachment of Wood Retaining Wall into Beaufort Avenue Exhibit 'A' Showing Encroachments Benefiting LOTS 1 &2, BLOCK 17 4840 Bay Bridge Lane Virginia Beach, Virginia Beaufort Avenue looking North at existing wood retaining wall. Bay Bridge Lane fronting property looking North. MSA, P.C. ENVIRONMENTAL SCIENCES, PLANNING, SURVEYING ENGINEERING & LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE LZVIRGINIA BEACH, VIRGINIA 23462 - -i (757) 490 - 9264 FAX (757) 490 - 0634 www.msaonline.com D A7T EF7 SCALE: MS A JOB #: 2/5/2005 NTS 1 O4089 Y �, qI •. tk k . r wua I ! k , y R � E FIGURE 3. Wood Walkway Encroachments on Adjacent Properties Exhibit 'A' Showing Encroachments Benefiting LOTS 1 &2, BLOCK 17 4840 Bay Bridge Lane Virginia Beach, Virginia Adjacent properties showing wood walkway encroachments looking west of site. Adjacent property showing wood walkway encroachments looking west of site. MSA, P.C. ENVIRONMENTAL SCIENCES, PLANNING, SURVEYING ENGINEERING & LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE - VIRGIN IA BEACH, VIRGINIA 23462 -_ -!(757)490-9264 FAX(757)490-0634 L§www.msaonline.com LA DATE: SCALE: MSA JOB #: 2/5/2005 NTS O4089 Hof €z iN1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $60,810 from the U.S. Department Of Justice, to the Police Department's FY 2005-06 Operating Budget for the Purchase of Bulletproof Vests MEETING DATE: September 27, 2005 ■ Background: The federal Bulletproof Vest Partnership Program provides funds for bulletproof vest purchases by police agencies. The Virginia Beach Police Department and Sheriff's Department applied for funds through this federal grant as a combined agency. The U.S. Department of Justice, Office of Justice Programs awarded the City $60,810 in grant funds for the purchase of bulletproof vests. ■ Considerations: These funds will be used to purchase replacement bulletproof vests. The Police Department has a replacement schedule of five years in accordance with the manufacturer's warranty period. These funds will assist the department in meeting that replacement schedule. There are no matching funds required by the City. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Accept and appropriate the grant award of $60,810 to the Police Department's FY 2005-06 Operating Budget. ■ Attachments: Ordinance Grant Award e-mail Recommended Action: Approval Submitting Department/Agency: Police Department City Manager-( 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $60,810 2 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE 3 POLICE DEPARTMENT'S FY 2005-06 OPERATING 4 BUDGET FOR THE PURCHASE OF BULLETPROOF VESTS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $60,810 is hereby accepted from the U.S. Department of 8 Justice and appropriated to the Police Department's FY 2005-06 9 Operating Budget for the purchase of bulletproof vests, with 10 federal revenue increased accordingly. 11 Adopted by the Council of the City of Virginia Beach, 12 Virginia, on the day of , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT C�) " a Management Services APPROVED AS TO LEGAL SUFFICIENCY J " 2. K ,&L - City Attorney s ffice CA9758 H:\PA\GG\OrdRes\Bulletproof Vests ORD R-3 September 14, 2005 Page 1 of 1 Lara Hufton - FY 200S BVP Award Announcement From: <vests@ojp.gov> To: Don Fox <dfox@vbgov.com> Date: 8/24/2005 6:01 PM Subject: FY 2005 BVP Award Announcement CC: JAMES SPORE <JSPORE@vbgov.com>, DON BARNETT <dbarnett@vbgov.com> Congratulations! The Office of Justice Programs' Bureau of Justice Assistance (BIA) has completed processing your application for FY 2005 BVP funds. The complete list of FY 2005 awards can be viewed at: htto:/ vts.ojp.gov. In upcoming weeks you will receive instructions for submitting direct, online payment requests for BVP funds. Until then, please review carefully the latest Information below regarding body armor testing, as well as a special solicitation to help agencies with their vest replacement needs. Should your FY 2005 BVP application include requests for vests containing Zylon@, BJA will assist you in determining which type of armor vest will best suit your jurisdiction's needs, to ensure that each armor vest obtained through the program meets the NIJ requirements. NOTICE TO BVP GRANTEES Since 1999, over 11,500 jurisdictions have participated In the Office of Justice Programs' Bureau of Justice Assistance (BJA) Bulletproof Vest Partnership (BVP) Program. Through BVP, $118 million in federal funds have been committed to support the purchase of an estimated 450,000 vests for America's law enforcement community. In November 2003, Attorney General John Ashcroft announced a Body Armor Safety Initiative in response to the failure of a bullet -resistant vest worn by a police officer in Pennsylvania. NIJ was directed to initiate an examination of Zylon@-based bullet -resistant vests (both new and used) and to review the existing program by which bullet -resistant vests are tested to determine if the program needs modification. Having completed its latest phase of ballistic and mechanical properties testing, NIJ has determined that used Zylon@ - containing vests may not provide the intended level of ballistic resistance. In response to this determination, NU has issued a body armor standard advisory notice concerning Zylon@ , and has Issued new interim requirements for Its body armor compliance testing program that will become effective on September 26, 2005. Until the effective date of the interim requirements, jurisdictions that participate In the BVP program will be ineligible to receive payment for new orders placed for any body armor vest that contains Zylon@. Once the NU interim requirements become effective, a list of vest models that comply will be maintained at: http://www.justnet.org. Pursuant to the FY 2005 Department of Justice Appropriations Act, $23.6 million was made available for the purchase of vests through the annual BVP Program application process. To better meet the vest replacement needs of America's law enforcement agencies this year, Attorney General Alberto Gonzales will make an additional $10 million available immediately. This additional funding will be available through a special BVP solicitation that will open on August 24, 2005 and close on September 22, 2005. The latest BVP Program Fact Sheet can be reviewed at: http://www.ojp,usdoj,govlbvobasi/do /BVP ProaramFactSheet 08 18 05.doc. Thank you BVP Tech Support 1-877-758-3787 VIRGINIA BEACH CITY, VA r�_.//n_\Tl___________ninn_._in/ nnn_u!.__-%I_1__tS_._%T ___tn/nnfl.t___%T. %/ TTTlnnnnnTT.x9 nIninnnr VA, VA VA,, VA VA' VA VA., VA VA VA :VA' VA • VA "•' VA VA VA ; '%Jurisdiction Name''. RAPPAHANNOCK#.', RICHMOND CITY ROANOKE CITY; 'T l ROANOKE COUNTY ROCKINGHAM COUNTY ROCKY MOUNT TOWN SALEM CITY SHENANDOAH TOWN SMITHFIELD TOWNr-, STAUNTON CITY SUFFOLCITY''';., VINTON TOWN VIRGINIA BEACH CITY WARRENTON,TOWN WILLIAMSBURG CITY WINCHESTER.CITY ' :' : '+,, WOODSTOCK TOWN YORK• COUNTY Totals for VA: ".(83 Jurisdictions) BVP Act of 2000 gives jurisdicti ons with 100,000 resident Appilcatlon Total '' 'Aware • (.,.Percentage t $4;750.00 '1$685.49 +' ', ; ' 14,43.. $156,000.00 $22,612.82 14.43% $21,966.80 ' $10,983:30 " :. •4 60.00% $5,088.00 $2,544.00 50.00% $19,425.00:, $9,7,12:50 50.00% $1,079.98 $539.99 50A00/o $6,300N 1 $3,150.00 !'• '50.00% $770.00 $385.00 50.00% $5,250.00 "" $2,625.00-50.00% $3,500.00 $1,750.00 50.00% $22,7 5.00' $11,392,50' .l'. 50.00% $3,992.00 $1,996.00 60.00% $7 250,341.49 ' $36,127.51 7 14.43% $421,372.80 $60,809.54 14.43% $9,200.0 $4,600,00 . 50.0 °o $2,216.00 $1,107.50 50.00% :;',$8,223.52 --$ 74 'T• ' 50.00% $1,086.00 $643.00 50.000 I $7,414.38 $3,707.1 50.00% $2,281',603.58 $525,729.85 .,�!ly;esalu�,2, District 1 ' . d .,; Populatlon : 100,000 197,790 . , ; • #'of Officers • 177 ,. V,, Rry?bate .' 'Vests . 3 —1,117 '-�820 231 16 . '' f' 73 .6 1 21 49 7- 155 20 ": "- 3,079 1,198 r , 23 40 .71 3E 94',91.1 85,778 ' 67,725 4,066 . 24,7,47 2.338 � 6 324 23,853 63,677 7,782 6,000.000 425.257 , : 6,670 11,998 • 23,585 3,952 56,297 6 .•rrr 6. 5 6, 7 4 a• 7 6 4 �— ''I ' '+- 6 3 +; T 2 6E 10 ' : . S 1 .+' 10' " 6 14 1 77 89 ! , ? t 15.949 ' , I 4.4$ O �U� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept $58,497 from the Virginia Department of Environmental Quality and Appropriate $18,497 to the Parks and Recreation Department's FY 2005-06 Operating Budget to Provide Enhancements to the Clean Community Program MEETING DATE: September 27, 2005 ■ Background: Each year, the Department of Environmental Quality has awarded the City's Clean Community Program a litter -prevention and recycling grant. Landscape Services estimated the revenue for this annual grant for FY 2005-06 to be $40,000, based on the amount historically awarded to the City. City Council appropriated $40,000 in the budget process. The actual grant amount for FY 2005-06 is $58,497, an increase of $18,497. There is no City match required for this grant. This increase may not be sustained in future grant cycles. ■ Considerations: The increase in grant amount for FY 2005-06 will enable Clean Community to enhance their volunteer award incentives and environmental programs such as Adopt -A -Programs and Helping Hands. The grant will also enable Clean Community to initiate the Cigarette Butt campaign. ■ Public Information: Public information would be handled through the normal Council Agenda Process. ■ Alternatives: The City can decline the grant; however, this would decrease revenue in the budget available for maintaining this program. ■ Recommendations: Accept the grant and appropriate the additional $18,497 to enhance the environmental programs within Clean Community. ■ Attachments: Ordinance DEQ grant award letter dated September 1, 2005 Recommended Action: Approval Submitting Department/Agency: Parks and Recreation — Landscape Services City Manager: JL. �q V?� 1 AN ORDINANCE TO ACCEPT $58,497 FROM THE 2 VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY 3 AND APPROPRIATE $18,497 TO THE PARKS AND 4 RECREATION DEPARTMENT'S FY 2005-06 OPERATING 5 BUDGET TO PROVIDE ENHANCEMENTS TO THE CLEAN 6 COMMUNITY PROGRAM 7 WHEREAS, the City has been awarded grant funding from the 8 Virginia Department of Environmental Quality for the Clean 9 Community Program; and 10 WHEREAS, the City Council previously appropriated $40,000 11 to the Parks and Recreation Department FY 2005-06 Operating 12 Budget based on the amount historically awarded to the City by 13 the Department of Environmental Quality. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That the grant of $58,497 is hereby accepted from the 17 Virginia Department of Environmental Quality and $18,497 is 18 hereby appropriated to the Parks and Recreation Department's FY 19 2005-06 Operating Budget for enhancements to the Clean Community 20 Program, with state revenue increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of r 2005. Approved as to Content OL - Management Services Approved as to Legal Sufficiency jw�e � ' t J, lv� City Attorney' Office CA9757 H:\PA\GG\OrdRes\Clean Community Program ORD R-2 September 14, 2005 COMMONWEALTH ®f VIRG] NIA W. Tayloe Murphy, Jr. DEPARTMENT OF ENVIRONMENTAL QUALITY Robert G. Burnley Secretary of Natural Resources Street address: 629 East Main Street, Richmond, Virginia 23219 Director Mailing address: P. 0. Box 10009, Richmond, Virginia 23240 (804) 698-4000 Fax(804)698-4500 TDD(804)698-4021 1-800-592-5482 www.deq.virginia.gov September 1, 2005 Mr. James K. Spore City Manager City of Virginia Beach 3829 Elbow Road Virginia Beach, VA 23456-5486 Dear Mr. Spore: I am pleased to inform you that a new grant award of $ 58,497 has been approved for the City of Virginia Beach and Virginia Beach Clean Community for the Litter Prevention and Recycling Program activities for the period July 1, 2005 to June 30, 2006. A payment for this amount should be received within the next two weeks if funds can be transferred electronically (EDI) or in thirty days if processing by check is required. Please note that your grant amount reflects a large increase over previous years (52% statewide average). This increase is due to: 1. a large increase in litter tax collections in FY 2005 over previous years (24%) 2. the 2005 General Assembly did not limit grant funding for FY 2006, as it did in the previous 2 years 3. the Litter Control and Recycling Fund Advisory Board reallocated all previously unspent funds (competitive grants, litter campaign, etc.) to locality grants for FY 2006. Please be aware that this increase in grant amounts to localities may not be sustained in future grant cycles: For example, in FY 2007, there will be no unspent grant monies to reallocate and it is unknown if the large increase in litter tax collections will occur again this year. If you have any questions or need additional information, please contact Steve Coe at (804) 698-4029 or Sheila Barnett at (804) 698-4055. Their respective email addresses are Scoe d q.state.ya_us and SmhnrnPtt.(@dPn_state va nc Sincerely, f 61L;9-\ , R. Allan Lassiter, Jr. Environmental Program Manager CC: Charles W. Myer, Cindy Curtis, Ruby Arredondo, Kim Greer R D rru.,t1A8 A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Village Church — Modification of a Conditional Use Permit MEETING DATE: September 27, 2005 ■ Background: An Ordinance upon Application of Village Church for the Modification of Conditions for a Conditional Use Permit approved by City Council on September 23, 2003. Property is located at 4013 Indian River Road (GPINs 14746236330000; 14746233120000). DISTRICT 1 — CENTERVILLE ■ Considerations: The Conditional Use Permit for this church was approved by the City Council on September 23, 2003. Since the approval, the church has acquired one additional acre of property and desires to amend the conditional use permit by incorporating this new acreage. The 2003 approval permitted the construction of a one-story, 10,000 square foot church with seating for 300 people in the sanctuary and 75 parking spaces on the proposed lot. Staff was initially concerned, with the 2003 request, that the alignment of the proposed Southeastern Parkway and Greenbelt would impact the southern third of the buildable property outside of floodplain and wetlands, thereby reducing the potential for further expansion of the church. With the addition of this property, the stormwater management facility and all parking areas can be shifted farther away from the Parkway alignment. Planning Commission placed this item on the consent agenda because the modification is for the incorporation of an additional parcel into the church's existing site, which will allow development to be shifted away from the future Southeastern Parkway and Greenbelt. All conditions will be required as agreed to with the 2003 Conditional Use Permit with the exception of Condition #1 that will now reference the updated site plan that incorporates the additional property to the south. A new condition is added to ensure that the structure will be constructed as originally approved by City Council. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: Village Church Page 2of2 All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2003, shall remain in affect. Condition Number 1 of the September 23, 2003, Conditional Use Permit is deleted and replaced with the following: The Site shall be developed and constructed in substantial conformance with the Site Plan entitled, "Church Facility for The Village Church, sheet 3 of 13," prepared by Hunt Club Consulting, dated February 13, 2004, with the exception of the addition of conditions 2 through 6 listed in the September 23, 2003, Conditional Use Permit approval. 2. The exterior of the building shall be constructed substantially as depicted on the Site Layout Plan entitled, "Church Facility for The Village Church," prepared by Verebely & Associates, Architects, dated April 18, 2003. ■ 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: l� U�- VILLAGE CHURCH Agenda Item #8 September 14, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of the Conditional Use Permit approved by the City Council on September 23, 2003 for a church. "sap F12 S— •e Map N le Villa Church a Sca/ ,✓� /03 o \, R-15 R-15 R-15 15 Modification of Conditions - Church ADDRESS / DESCRIPTION: Property located at 4013 Indian River Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14746236330000 1— CENTERVILLE 1 acre — additional property 14744288610000 3 acres — current site covered under CUP The Conditional Use Permit for this church was approved by SUMMARY OF REQUEST the City Council on September 23, 2003. Since the approval, the church has acquired one additional acre of property and desires to amend the conditional use permit by incorporating this new acreage. The original Conditional Use Permit has six (6) conditions: 1. The Site shall be developed and the exterior of the building shall be constructed substantially as depicted on the Site Layout Plan entitled, "Church Facility for The Village Church," prepared by Verebely & Associates, Architects, dated April 18, 2003, with the exception of modifications made necessary by the conditions listed below. 2. Category I landscaping shall be installed, as illustrated in the City of Virginia Beach "Landscape Guide" along the western property line beginning at the northwest corner of the building, to the south, ending at the southwest corner of the parking lot. 3. Any freestanding sign shall be monument style and complementary to the color, materials, and design of the church building. Final approval for the design of the sign shall be obtained from the Current Planning Division / Planning Evaluation Section of the Planning Department prior to the issuance of the sign permit. 4. All requirements for right-of-way reservations shall be depicted on the final site plan and all new structures shall meet all setbacks from these reservations. 5. The location of the stormwater management facility and all other structures shall meet all requirements of the Southern Watersheds Management Area. 6. The stormwater management facility shall not be permitted within the reservation unless otherwise permitted by both the Planning Department and the Public Works Department. Conditionl dictates the site layout and the actual property boundary under the auspices of the existing Conditional Use Permit. Updating Condition 1 by naming the revised site plan that depicts the additional acre of property acquired by the church and depicts the shifting of parking areas, etc., provides more area for potential expansion while moving the stormwater management facility and parking areas farther away from the current Southeastern Parkway and Greenbelt alignment. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The proposed church is under construction. The site adjacent and to the south, which the church has acquired is currently wooded. SURROUNDING LAND North: Indian River Road USE AND ZONING: Single-family dwellings / R-15 Residential District, Open Space Promotion South: Wetland, marsh / R-15 Residential District East: Vacant, partially wooded / R-15 Residential District West: Single-family homes / R-15 Residential District NATURAL RESOURCE AND This property is within the Southern Watersheds Management Area. CULTURAL FEATURES: The rear of the site is encumbered by floodplain, wetlands and the Southeastern Parkway and Greenbelt alignment. 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): The ultimate right-of-way width for Indian River Road is designated on the Master Transportation Plan as 150 feet. The site plan reflects this need. The Southeastern Parkway and Greenbelt is designated on the Master Transportation Plan as a 350 foot wide right-of-way highway. Preliminary design depicts the roadway passing through the southern portion of this site. The site has been designed to accommodate this future right-of-way. Indian River 4,900 ADT 7,200 ADT (Level of Existing Land Use — Road Service "C") - 48,200 ADT 67 ADT weekdays, 366 ' (Level of Service "E") ADT Sundays Proposed Land Use 3- no change Average Daily Trips Zas defined by proposed church 3as defined by relocation of parking lot on the new property WATER & SEWER: There is a 10-inch water main and 10-inch gravity sewer main in Indian River Road, fronting the property. This site must connect to both City water and sewer. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, this means that the established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The 2003 approval permitted the construction of a one story, 10,000 square foot church with seating for 300 people in the sanctuary and 75 parking spaces on the proposed lot. Staff was initially concerned, with the 2003 request, that the alignment of the proposed Southeastern Parkway and Greenbelt would impact the southern third of the buildable property outside of floodplain, wetlands, etc., thereby reducing the potential for further expansion of the church. Section 230 of the Zoning Ordinance requires a minimum lot area of three (3) acres for churches. This requirement is particularly important for new, freestanding churches where the potential for growth is almost unlimited assuming enough land area is available for future planning. It is in the best interest of any church, particularly churches in new freestanding structures, to plan for any future growth, expansion and increased membership. With the addition of the adjacent parcel, totaling one (1) acre, Staff is pleased to recommend favorably on this modification of conditions to the original Conditional Use Permit. With the addition of this property, the stormwater management facility and all parking areas can be shifted farther away from the potential future Parkway alignment. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. All conditions will be required as agreed to with the 2003 Conditional Use Permit with the exception of Condition #1 that will now reference the updated site plan that incorporates the additional property to the south. A new condition is added to ensure that the structure will be constructed as originally approved by City Council. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2003, shall remain in affect. Condition Number 1 of the September 23, 2003, Conditional Use Permit is deleted and replaced with the following: The Site shall be developed and constructed in substantial conformance with the Site Plan entitled, "Church Facility for The Village Church, sheet 3 of 13," prepared by Hunt Club Consulting, dated February 13, 2004, with the exception of the addition of conditions 2 through 6 listed in the September 23, 2003, Conditional Use Permit approval. 2. The exterior of the building shall be constructed substantially as depicted on the Site Layout Plan entitled, "Church Facility for The Village Church," prepared by Verebely & Associates, Architects, dated April 18, 2003. 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. VI S3 te ^_ •� �w �i bt, Fq. zq hs CURRENTLY APPROVED SITE PLAN VI VI j70, 4� r�v p t S tl::3tJijiN4*ii7� t to � »fit i ".rr ko 3r,�t �r �s ai 33ttxr� 1{I � �£ I° f �mm 1 � tF. fit V ti � 3 i s { � rc�pt•''� t � t 3 erdvNl� p�,i�i 1 ' PROPOSED SITE PLAN VIL 1 09/23/03 CONDITIONAL USE PERMIT Church Granted 2 12/8/98 CONDITIONAL USE PERMIT (Church Granted and Day Care) 08/14/90 CONDITIONAL USE PERMIT (Open Granted Space) 06/11/90 CONDITIONAL USE PERMIT (Open Denied Space) 3 12/12/88 CONDITIONAL USE PERMIT (Open Granted Space) 02/23/87 CONDITIONAL USE PERMIT (Borrow Withdrawn Pit ZONING HIS VIL SOUTHEASTERN PARKWAY ALIGNMENT AMM 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) Z 1�o) C E L G A C 14 2. List all businesses that havea parent -subsidiary' or affiliated business entity-, relationship with the applicant: (Attach list it necessary) -VCheck 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 ff necessary) .. . . ....... ............................... . . . ... . .. . . -------- 2. List all businesses 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. Ii7l Seenextpage for footnotes McAffication of Condifims Appi"Doo Page 10 of 11 Revised 911r2004 DISCLOSURE VI 611 DISCLOSURE JRE 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 U i 7 . 5300AZF5 AjXmer f`5 --- ---_ _.. _........-- -al. io �! (e r�� r�t7 i �� f,.� _l'a . �•�,; G� �4t+�_�c__ ��bA c q 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. 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 (its) 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 dose working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 22-3101. CERTIFICATION; 1 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 instructioT in this package. Print Name than applicant) Priiii Name Modification of Candit vns AppkaWn Page 11 of 11 rtevised 9/IRW4 Item #8 Village Church Modification of Conditions 4013 Indian River Road District 1 Centerville September 14, 2005 CONSENT William Din: My next item is Item #8 Village Church. This is an application of Village Church you modify their conditions on their Conditional Use Permit that was previously approved by City Council on September 23, 2003. The property is located at 4013 Indian River Road in the Centerville District. There are two conditions. Welcome. William Verebely: Good afternoon Mr. Vice Chairman and members of the Commission. My name is William Verebely and I'm the architect agent for the church. We accept the conditions. William Din: Thank you Mr. Verebely. Is there any objection to placing this item on consent? If not, Mr. Barry Knight will explain this item. Barry Knight: This is an application from Village Church. In essence, what has happened is they came in for a Conditional Use Permit. It was approved by City Council in September 2003 and it had three acres. Now they have acquired an additional acre and they would like to incorporate the four acres into their plan and kind of spread out the size, scope, and location of their buildings and parking lot. We think it's in keeping with the use of the original Conditional Use Permit, and therefore we placed it on consent agenda. William Din: Thank you Barry. William Din: I would like to make a motion to approve the following item. Item #8 is Village Church. This is an application to modify conditions for a Conditional Use Permit previously approved by City Council. The property is located at 4013 Indian River Road in the Centerville District, and that has two conditions. Barry Knight: I'll second that motion. William Din: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE Item #8 Village Church Page 2 DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board as approved Item #8 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Haygood Skating Center — Modification of a Conditional Use Permit MEETING DATE: September 27, 2005 ■ Background: An Ordinance upon Application of Haygood Skating Center, Inc. for the Modification of a Conditional Use Permit approved by City Council on May 25, 1999. Property is located at 1036 Ferry Plantation Road (GPIN 14784503910000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicants are requesting a modification to the existing Conditional Use Permit to allow the addition of Bingo at this skating center. The most recent Conditional Use Permit for the site permitted an expansion of the existing skating center and was approved by the City Council on May 25, 1999. The current request is for the addition of Bingo within the recreational facility, utilizing 7,400 square feet of the approximately 26,000 square foot building. The applicant is proposing to offer the opportunity to nonprofit organizations to hold Bingo twice weekly as a fundraiser. It should be noted that this site does not meet the parking requirement of one (1) space per 100 square feet of floor area for an indoor recreational facility. The parking requirement is 258 spaces and a Board of Zoning Appeals variance was granted on April 11,1999 that allowed 104 parking spaces to operate the skating center with the proposed addition. The approved second floor addition was never constructed but additional floor space was added to the first floor for party rooms. In the previous application, the applicant stated that there is no parking shortage based on actual operating conditions (carpools, children dropped off, etc.). However, as Bingo is typically played by adults, parking may become an issue if both skating and Bingo are operating at the same time. Due to this, Staff is recommending that only Bingo or skating take place, but not both at the same time. The Planning Commission placed this item on the consent agenda because they felt that the additional use of Bingo was appropriate with the skating rink. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, which support activities that fulfill a legitimate public need for compatible neighborhood support uses and activities. The addition of Bingo Haygood Skating Center Page 2of2 should not adversely impact the surrounding area provided that appropriate controls, in particular condition #2 below, are adopted. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. In addition to the condition(s) listed below, all conditions attached to the Conditional Use Permit granted by the City Council on May 25, 1999, shall remain in affect. 2. As the parking is limited on the site, when Bingo is operating, skating shall not be permitted and vice versa. 3. Based on the number of available parking spaces (99) depicted on the site plan, no more than 9,900 square feet of floor area within the building shall be used for any Bingo activities. ■ 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: �— �Wwt HAYGOOD SKATING CENTER Agenda Item # 5 August 10, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of the Conditional Use Permit approved by the City Council on May 25, 1999. ADDRESS / DESCRIPTION: Property located at 1036 Ferry Plantation Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14784503910000 4 - BAYS I D E 1.696 acres The most recent Conditional Use Permit for this site permitted SUMMARY OF REQUEST an addition to the existing skating center and was approved by the City Council on May 25, 1999. The Conditional Use Permit has six conditions: The site development shall be in substantial accordance with the submitted site plan titled "Haygood Skating Center," dated February 15, 1999 and prepared by Boundary First, P.C. The development shall also be in accordance with the elevations and materials submitted with the conditional use permit application and on file with the Planning Department. 2. The existing sign is to be removed and replaced with a brick monument type sign. The location and the size shall be in accordance with the City's Zoning Ordinance requirements. 3. Examples of the proposed wall graphics for the exterior walls are to be submitted to the Planning Director for review and approval. 4. Prior to the commencement of any land disturbance activity on this site, an erosion control plan must be approved by the Development Services Center. An appropriate surety must be posted prior to the issuance of a land disturbance permit. 5. Security is to be provided outside the facility from one hour before closing until one-half hour after closing. 6. The applicant must secure a variance from the Board of Zoning Appeals for the deficiency in the required parking. The current request is for the addition of Bingo within the recreational facility, utilizing 7,400 square feet of the approximately 26,000 square foot building. A modification to the existing Conditional Use Permit is required for the addition of Bingo. LAND USE AND ZONING INFORMATION EXISTING LAND USE: There is an existing indoor skating center and parking lot on the property. SURROUNDING LAND North: . Self storage, mixed retail / B-2 Community Business District USE AND ZONING: South: 0 East Honey Grove Road, offices, Old Donation Elementary School / B-2 Community Business District East: . Mixed retail / B-2 Community Business District West: . Ferry Plantation Road, single family dwellings / R-7.5 Residential District NATURAL RESOURCE AND The majority of the site is impervious as it is developed with a skating CULTURAL FEATURES: center and required parking. There are no significant environmental features on 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): Ferry Plantation Road is considered a two (2) lane undivided local street. No Capital Improvements are slated for this portion of the road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Ferry Plantation 6,997 ADT 6,200 ADT (Level of Existing Land Use — Road Service "C") — 9,900 ADT' 613 ADT (Level of Service "D") Proposed Land Use 3- 613 ADT 'Average Daily Trips z as defined by existing entertainment facility s as defined by entertainment facility (no change) HAYGOOD S WATER & SEWER: This is already connected to City water and sewer. The Comprehensive Plan recognizes this property as within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The applicant is proposing to offer the opportunity to nonprofit organizations to hold Bingo twice weekly as a fundraiser. Approximately 7,400 square feet of the 25,800 square foot facility will be used for Bingo. It should be noted that this site does not meet the parking requirement of one (1) space per 100 square feet of floor area for an indoor recreational facility. The parking requirement is 258 spaces and there are only 99 spaces depicted on the site plan. A Board of Zoning Appeals variance was granted on April 11,1999 that required a minimum of 104 parking spaces to operate the skating center with the proposed addition. The approved second floor addition was never constructed but additional floor space was added to the first floor for party rooms, etc. Zoning Inspections staff is reviewing the possible discrepancy between what the Board of Zoning Appeals approved and what is actually on site. In the previous application, the applicant stated that there is no parking shortage based on actual operating conditions (carpools, children dropped off, etc.). However, as Bingo is typically played by adults, parking may become as issue if both skating and Bingo are operating at the same time. Due to this, Staff is recommending that only Bingo or skating take place, but not both at the same time. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Comprehensive Plan policies recognize the need to preserve, protect, and enhance the overall character, economic value, and aesthetic quality of the surrounding neighborhoods. It is Staff's view that the addition of Bingo will not adversely impact the surrounding area provided that appropriate controls, in particular condition #2 below, are adopted. The Plan's policies also support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. CONDITIONS 1. In addition to the condition(s) listed below, all conditions attached to the Conditional Use Permit HAYGOOD S granted by the City Council on May 25, 1999, shall remain in affect. 2. As the parking is limited on the site, when Bingo is operating, skating shall not be permitted and vice versa. 3. Based on the number of available parking spaces (99) depicted on the site plan, no more than 9,900 square feet of floor area within the building shall be used for any Bingo activities. 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. + l \ all _,r,..� ��� ►� O•0� . 1 05/25/99 Conditional Use Permit (commercial recreation Granted facility expansion) 09/26/95 2 11/26/96 Conditional Use Permit (communications Granted tower 3 12/18/89 Change of Zoning B-2 to 0-2) Granted 4 02/08/88 Conditional Use Permit (nursing home) Granted Change of Zoning B-2 to 0-1) Granted 5 12/17/84 Conditional Use Permit (church addition) Granted HAYGOOD S ;;.. MOW DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, comp ate the following. 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc;' below: (Attach last of necessary) LAW, CIW�7T 2. List all businesses that have a parent -subsidiary" or affiliated business entity2 relationship with the applicant. (Attach last if necessary) n 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 as different from applicant If the property owner is a corporation, partnership, firm, bums, or other unincorporated organization, complete the followings I. List the property, owner name followed by the names of all officers, members, trustees, partners, etc. below. (Attachlist if necessary) 4t) M � ,t 2. List all businesses that have a parent subsidiary' or affiliated business entity2 relationship with the applicant. (A tech last if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & £tea next for fooirlotes Modification of Cm-Ows Appka*m Page loaf 14 Revised 911=04 HAYGOOD S Item #5 Haygood Skating Center, Inc. Modification of a Conditional Use Permit 1036 Ferry Plantation Road District 4 Bayside August 10, 2005 CONSENT William Din: My next item is Item #5, which is Haygood Skating Center, Inc. This is an application to modify a Conditional Use Permit previously approved by City Council on May 25, 1999. The property is located at 1036 Ferry Plantation Road in the Bayside District. There are three conditions. Dana Chaput: Good afternoon. My name is Dana Chaput. I have read the conditions and I agree with those. William Din: Thank you sir. Is there any objection to placing this item on consent agenda? If not, Mr. Ripley will explain this issue. Ronald Ripley: Thank you. The Commission reviewed this and staff's recommendation is to approve it. This particular application is a skating rink that wishes to use its property partially for a bingo hall purpose for non -profits. It is a logical use for the skating rink. The main issue we have is parking. Under the current parking it has really less parking then the code requires but under a skating scenario it seems that it works very well because a lot of parents are dropping kids off, and are not there to stay. In this particular incidence where its bingo, more people will drive and they will use the parking lot to a greater extent. With that in mind, the applicant is agreeable to limiting 7,400 square feet of the 25,800 square feet for the bingo purpose. The staff has provided conditions and the applicant is agreeable to that and we felt it ought to be on consent. William Din: Thank you Mr. Ripley. I would like to make a motion to place on the consent agenda for today. Item #5 Haygood Skating Center, Inc. This is an application to modify the Conditional Use Permit previously approved by City Council May 25, 1999 located at 1036 Ferry Plantation Road in the Bayside District with three 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 Item #5 Haygood Skating Center, Inc. Page 2 CRABTREE AYE 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 #5 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 656 Associates, LLC, a Virginia limited liability company — Street Closure MEETING DATE: September 27, 2005 ■ Background: An Ordinance upon Application of 656 Associates, LLC, a Virginia limited liability company for the discontinuance, closure and abandonment of an unnamed, unimproved 15 foot by 50 foot alley located 300 feet north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach. DISTRICT 6 — BEACH ■ Considerations: The applicant requests to close the portion of the unused public alleyway between two platted lots. The alleyway to the north of this site was closed in 2002. The alleyway to the south of this site was closed in 1992. The street closure viewers committee has determined that there is no current or future public need for this alleyway. The funds from the sale of this right-of-way will be put toward improving public access to the oceanfront within the Croatan area. The street closure viewers committee and staff recommend approval of this request with conditions. The Planning Commission placed this item on the consent agenda because this portion of the alley is not needed and will not result in public inconvenience. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Funds from the purchase of this street shall be put toward improving public access to the oceanfront within the Croatan area. 656 Associates, L. L.C. Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approva I. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: S V- b'''1 656 ASSOCIATES, L.L.C. Agenda Item # 8 August 10, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Discontinuance, closure and abandonment of an unnamed unimproved alley located 300 feet north of Aqua Lane Map M-8 656 Associates LLC � 16' o fl u Jo 00 Street Censure - ADDRESS / DESCRIPTION: Property located 300 feet north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: N/A 6 - BEACH 750 square feet SUMMARY OF REQUEST The applicant requests to close the portion of the unused public alleyway between two platted lots. The alleyway to the north of this site was closed in 2002. The alleyway to the south of this site was closed in 1992. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The alleyway is undeveloped SURROUNDING LAND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: . Single-family homes / R-10 Residential District East: 0 Beachfront property / R-10 Residential District West: 0 Single-family homes / R-10 Residential District NATURAL RESOURCE AND Portions of the alleyway and adjacent property to the east lie within an CULTURAL FEATURES: area designated as a Coastal Primary Sand Dune. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. 656 ASSOCIATES, LLC Agenda Item # 8 Page 1 IMPACT ON CITY SERVICES There is no Public Works or Public Utilities infrastructure within the alleyway proposed for closure. Preliminary comments from private utility companies indicate that there are no private utilities within the area proposed for closure. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The street closure viewers EVALUATION AND RECOMMENDATION committee has determined that there is no current or future public need for this alleyway. The funds from the sale of this right-of-way will be put toward improving public access to the oceanfront within the Croatan area. The street closure viewers committee and staff recommend approval of this request with conditions. The recommended conditions are provided below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Funds from the purchase of this street shall be put toward improving public access to the oceanfront within the Croatan area. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 656 ASSOCIATES, Agenda Iter LC 4� _8 2 AERIAL OF SITE LOCATION 656 ASSOCIATES, _LLC Agenda Item # 8 Page 3 w \\ \� A-,'. --«+ " /�V M-T-q SURVEY OF AREA TO BE CLOSED 656 ASSOCIATES, LLC \ Agenda Item: E Page 4 1 08/22/00 Street Closure GRANTED 2 06/23/92 Street Closure GRANTED 3 02/26/02 Street Closure GRANTED 4 07/11/00 Street Closure GRANTED ZONING HISTORY 656 ASSOCIATES, LLC Agenda Item #-8 Page 5 =dftEn DISCLOSURE STATEMENT APPLICANT DISCLOSURE - If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following_ List the applicant name followed by the names of all officers, rnembers, trustees, partners, etc. below- (Attach fist rf net ,. ss,r q,) 656 Associates, L,l_.C,: Keith Hathaway, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity" relationship with the applicant: (Attach list if necessary) l Check here if the, applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE I Cornplete this section only if properly owner is different fiorn applicant. I 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, I_.ist all businesses that have a parent subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) i El Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ..... -- — _..See next page for footnotes Street Clcsiire+ Application Flage 92 of 13 Revised 9r112004 656 ASSOCIATES, LLC Agenda Item # 8 Page 6 ADDITIONAL DISCLOSURES List all known contractors or businesses that have of, will provide service-s with respect to the requested property use, inrtding but not lir-nited to the providers of architectural services, real estate services, financial services, acc ountirEg services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.G. Gallup Surveyors & Engineers, Ltd ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting pourer of another corporation." See State and Local Governrnent Conflict of Interests Act, Va, Code § 3. - ' 01� `' "Affiliated business entity relationship" means "a relationship, other than parent-sr.thsidiary 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 asset`; 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 ;Mate and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 i 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 Oublic hearing, I am responsible for obtaining and posting the required sign or tfie subject property at least 30 days prier to the scheduled puhli he a�fdiriq,tb the instrr3ctions in this package. 3 Associates,F t..,k C. y, Keith Hathaway, Member Ads gcar;t' S=araaf Ert . Print Name Property (),,xners ; kinaf ife- it different than, applicant) Print Narie street 4 sx ai.<r�t s���>i�;�taon 656 ASSOCIATES, LLC Agenda Item # 8 Page 7 Item #8 656 Associates, L.L.C. Discontinuance, closure, and abandonment of an unnamed Unimproved 15 foot by 50 foot alley 300 feet north of Aqua Lane between Lots 7 & 19 Block 20, Croatan Beach District 6 Beach August 10, 2005 CONSENT William Din: My next item is Item #8, which is 656 Associates, L.L.C. This is a request for a discontinuance, closure, and abandonment of an unnamed, unimproved 15 foot by 50-foot alley located 300 feet north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach in the Beach District. There are four conditions associated with this item. Eddie Bourdon: Thank you again Mr. Vice Chair. Eddie Bourdon, a Virginia Beach attorney representing the applicants. We are in accordance with the stated conditions for this alley closure in Croatan, and appreciate being on the consent agenda. William Din: Thank you Mr. Bourdon. Ms. Anderson will talk on this issue. Janice Anderson. Yes. This is an application to close a 15-foot alley. It is in the Croatan area of the Beach District. This alley is abandoned, unnamed, and it's unimproved. The staff recommendation is approval of the closure. The properties north and south had to close this alley also, and there is no further public use for this alley. So it is also the recommendation of the Commission to recommend approval for the closure. William Din: Thank you Ms. Anderson. I would like to make a motion to place on the consent agenda for today. Item #8, 656 Associates, L.L.C. This is a road closure for an unnamed, unimproved 15 foot by 50 foot alley located 300 feet north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach in the Beach District with four 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 Item #8 656 Associates, L.L.C. Page 2 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 #8 for consent. Map M-8 A;A A c cne;"tv c T_ T_ I'. IVV '., �,V -Jua --,-- I� • m, 9 vv v i avv%wr wgwv qjf:�-A � — -- - v 003 Ob �2 013 r 001 Street Closure �� C 11 3 008 007 16A 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 31 32 33 34 35 36 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "15' x 50' PORTION OF ALLEY TO BE CLOSED" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO LOTS 7 & 19 BLOCK 20 CROATAN BEACH M.B. 24 P. 37 VIRGINIA BEACH, VIRGINIA": WHEREAS, 656 Associates, LLC, a Virginia limited liability company, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "15' x 50' PORTION OF ALLEY TO BE CLOSED" as shown on GPIN's: 2426-38-9955 and 2426-38-8912 1 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 that certain plat entitled "STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO LOTS 7 & 19 BLOCK 20 CROATAN BEACH M.B. 24 P. 37 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 25', dated May 26, 2005, prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. Funds from the purchase of this street shall be put toward improving public access to the oceanfront within the Croatan area. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 2 64 65 4. Closure of the right-of-way shall be contingent upon compliance with the 66 above stated conditions within one year of approval by City Council. If all conditions noted 67 above are not in compliance and the final plat is not approved within one year of the City 68 Council vote to close the street, this approval will be considered null and void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before September 26, 73 2006, this Ordinance will be deemed null and void without further action by the City Council. 74 2. If all conditions are met on or before September 26, 2006, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 78 may be requested to convey such interest, provided said documents are approved by the City 79 Attorney's Office. 80 SECTION IV 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 82 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and 656 Associates, LLC, a Virginia limited liability 84 company, as "Grantee." 85 3 85 M6 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Adopted by the Council of the City of Virginia Beach, Virginia, on this of , 2005. CA-9653 August 25, 2005 H:\OID\REAL ESTATE\Street Closure\656 Associates, LLC.CA9653\ORD.doc 4 APPROVED AS TO CONTENT: Ot a-13-oS Planning Department APPROVED AS TO LEGAL SUFFICIENCY: l�6, &&qaj City Attorney day EXHIBiTA p1010T1C OCf.AN S pTLPNT10 F pV � VANp RBILT a b0 SURF SIDE AVE 0 �I �O z U )9 b O I N K W 2 iN � AQUA LANE (VIRGINIA AVE - PLAT) a n.Q YW Q N<N J U z > yj J < W <O — Q w 2 rc < w Zn ~ OWn S �m a�az'm »1 LL N = nOQw JWO N -� OV �' JF' m C�'UxM an � /- U Z<(� F-mQ omIII 2 �n jC < !- F<O O z r < �NZ a W O U g W a s vi CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Elite Custom Wheels — Conditional Use Permit (automobile repair garage) MEETING DATE: September 27, 2005 ■ Background: An Ordinance upon Application of Elite Custom Wheels for a Conditional Use Permit for an automobile repair garage on property located at 4801-A Virginia Beach Boulevard (GPIN 14772489690000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant requests a Conditional Use Permit for auto service, specifically for the installation of wheel rims. The applicant proposes to sell and install wheel rims on motor vehicles. According to the application, the proposed hours of operation are Monday through Saturday, 10:00 a.m. to 6:00 p.m., with only three employees. There are actually two buildings on the site: the applicant is proposing to occupy the building on the southern portion of the property. Although there are two structures on the property, only one sign is permitted on the site. There is an existing, nonconforming sign adjacent to Virginia Beach Boulevard, currently advertising two of the three existing businesses in the northern building. Staff's policy to remove unsightly and nonconforming signs has been applied consistently and uniformly, regardless of the proposed use or zoning, when proposals are submitted for Planning Commission and City Council review. It is recommended that the existing nonconforming sign be removed, as the goal is to eliminate nonconforming signs. Today's Zoning Ordinance would not permit a sign of this size. The Planning Commission recommended approval of the request, subject to the existing nonconforming sign being removed. The applicant did not agree to Condition #4, which requires the sign to be removed. The proposed auto service use is a relatively low traffic generator and it is not expected to negatively impact the existing retail operations in the vicinity. This is an interim use and the Comprehensive Plan suggests that the redevelopment potential for this site, and other older sites in the vicinity, improves as the vision for the Town Center continues to unfold and become a reality. ■ Recommendations: Elite Custom Wheels Page 2of2 The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The parking lot shall be striped, including space(s) for handicap parking, as required by the City of Virginia Beach Zoning Ordinance, prior to the issuance of a Certificate of Occupancy. 2. No parking shall be permitted in the front the building. 3. Category I Landscape material shall be installed along the southern fagade and foundation landscaping shall be installed along the eastern fagade, as stipulated in the City of Virginia Beach Landscaping Guide, December 2002, prior to the issuance of a Certificate of Occupancy. 4. All signage, freestanding or otherwise, shall conform to the provisions of the City of Virginia Beach Zoning Ordinance, as such; the existing nonconforming sign located near Virginia Beach Boulevard must be removed prior to the issuance of an occupancy permit for the building on the southern portion of the property. Only one (1) freestanding sign for the property shall be permitted. 5. No outside display or storage of tires, rims, or auto parts shall be permitted. 6. A Certificate of Occupancy shall be obtained prior to the issuance of final occupancy permit. ■ 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: V U ELITE CUSTOM WHEELS Agenda Item # 22 August 10, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith This item was deferred by the Planning Commission on July 13, 2005 because the applicant was not present at the ublic hearin Staff has been in ," Nap Map, E-7 Elite Custom Wheels - — m B 3 I 3 _ B- - I i. - - ---:�GlNIA G nFar.H_ BL- - - -- - IT - cP B-3 [ B-31 G \ Q a o B-3 L - ae CUP — Auto Repair P 9• contact with the applicant and it is the intent of the applicant to appear at the August 10th hearing. REQUEST: Conditional Use Permit for auto service. ADDRESS / DESCRIPTION: Property located at 4801-A Virginia Beach Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14772489690000 2 - Kempsville 40,225 square feet (entire site) The applicant requests a Conditional Use Permit for auto SUMMARY OF REQUEST service, specifically for the installation of wheel rims. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant building SURROUNDING LAND North: 0 Retail shop, Virginia Beach Boulevard / B-3 Business District USE AND ZONING: South: . Auto service, retail / B-3 Business District East: 0 Kellam Road, auto sales / B-3 Business District West: . Mixed retail / B-3 Business District NATURAL RESOURCE AND The majority of the site is impervious as it is developed with two (2) CULTURAL FEATURES: buildings and parking area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is an eight (8) lane, divided urban arterial. Kellam Road is considered a two (2) lane, undivided local street. There are no CIP projects slated for either Kellam Road or Virginia Beach Boulevard. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 43,132 ADT 34,940 ADT (Level of Existing Land Use — Boulevard Service C"") — 56,240 ADT 292 ADT ' (Level of Service "D") Proposed Land Use 3— 175 ADT Kellam Road 4,298 ADT 6,200 ADT Average Daily Trips 2 as defined by general retail use 3as defined by auto service/tire sales WATER & SEWER: This site is already connected to City water and sewer. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the West Pembroke Area of the Strategic Growth Area 4 of the City of Virginia Beach. For properties within this sub area of the Strategic Growth Area, the Plan emphasizes, ..."many of these properties have greater, long term potential to be transformed from a land use pattern that is predominantly low intensity commercial and industrial to one that achieves a compatible mix of urban land uses and higher economic investment potential than exists today." EVALUATION AND RECOMMENDATION Staff recommends approval of this request subject to the conditions listed below. The applicant proposes to sell and install wheel rims on motor vehicles. According to the application, the proposed hours of operation are Monday through Saturday, 10:00 a.m. to 6:00 p.m., with only three (3) employees. There are actually two (2) buildings on the property: the applicant is proposing to occupy the building on the southern portion of the property. Although there are two (2) structures on the property, only one (1) sign is permitted on the site. There is an existing, nonconforming sign adjacent to Virginia Beach Boulevard, currently advertising two (2) of the three (3) existing businesses in the northern building. Staff's policy to remove unsightly and nonconforming signs has been applied consistently and uniformly, regardless of the proposed use or zoning, when proposals are submitted for Planning Commission and City Council review. It is recommended that the existing nonconforming sign be removed, as the goal is to eliminate nonconforming signs. Today's Zoning Ordinance would not permit a sign of this size. The proposed use is a relatively low traffic generator and it is not expected to negatively impact the existing retail operations in the vicinity. Staff views this as an interim use, and the Comprehensive Plan suggests, the redevelopment potential for this site, and other older sites in the vicinity, improves as the vision for the town center continues to unfold and become a reality. Staff is recommending approval subject to the conditions below that are designed to improve the appearance of the site. CONDITIONS 1. The parking lot shall be striped, including space(s) for handicap parking, as required by the City of Virginia Beach Zoning Ordinance, prior to the issuance of a Certificate of Occupancy. 2. No parking shall be permitted in the front the building. 3. Category I Landscape material shall be installed along the southern fagade and foundation landscaping shall be installed along the eastern fagade, as stipulated in the City of Virginia Beach Landscaping Guide, December 2002, prior to the issuance of a Certificate of Occupancy. 4. All signage, freestanding or otherwise, shall conform to the provisions of the City of Virginia Beach Zoning Ordinance, as such; the existing nonconforming sign located near Virginia Beach Boulevard must be removed prior to the issuance of an occupancy permit for the building on the southern portion of the property. Only one (1) freestanding sign for the property shall be permitted. 5. No outside display or storage of tires, rims, or auto parts shall be permitted. 6. A Certificate of Occupancy shall be obtained prior to the issuance of final occupancy permit. 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 LOCATION PROPOSED SITE PLAW 1 07/13/99 Conditional Use Permit (expansion of Granted motor vehicle sales) 10/11/82 Conditional Use Permit auto repair) Granted 2 01/10/95 Conditional Use Permit (indoor Granted recreational facility) 3 05/09/88 Conditional Use Permit (auto sales) Granted 02/02/87 Conditional Use Permit auto sales Granted 4 01/27/86 Conditional Use Permit (bulk storage) Withdrawn Change of Zoning B-3 to B-2 Withdrawn 5 09/09/85 Conditional Use Permit auto repair) Granted ZONING HIS ELITE C 11 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) .......... . . . . ........ ......... .. .... ......................... ___ . . . . ................ . . ............ . ... . .................................... . . .. . .............. . . ........ 11 2, List all businesses that have a parent -subsidiary' or affiliated business entity`'' relationship with the applicant: (Attach list if necessary) . . . ... .......... ............. .. .. .. 0 Check here it 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) Z�. �i• - ----- A .. . . . ...... . .. . ........................... 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 corporation, partnership, firm, business, or other unincorporated organization. & See next page ft,,r lootnotes Use vemil ;4,fAoed, Page 9 ot 10 He,,wd �4,, I ©ISCL OSURE STATEMENT ADDITIONAL DISCLOSURES Listall 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) i "Parent -subsidiary relationship" means "a relationship that exists when one v 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. s "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, (0) 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, rosearces 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. {t` v z ✓Y Print Name A,tharVW1icantj F Print Name Crnrciitona Uss Pcm3ii A.ppikall(A Palo `oof tit %-,is,,J J;1r2004 DISCLOSURE STATEMFEVT Item #22 Elite Custom Wheels Conditional Use Permit 4801-A Virginia Beach Boulevard District 2 Kempsville August 10, 2005 REGULAR Joseph Strange: The next item is Item #22, Elite Custom Wheels. An ordinance upon application of Elite Custom Wheels for a Conditional Use Permit for an automobile repair garage on property located at 4801-A Virginia Beach Boulevard, District 2, Kempsville with six conditions. Ricardo Burress: Good afternoon. My name is Ricardo Burress. I've reviewed all the conditions and I accept everything besides condition #4, with the free-standing sign. I'm not going to be using the sign. The sign has been there for 40 years. So I sat down with the owner of the building, talked to him going back and forth. He said that it would cost him too much money to take the sign down. Other than that, I will not be using it. I'll have my own sign. So that is about it, short and sweet. Dorothy Wood: Mr. Burress, I think there were some concerns of the different Commission members about parking. Would you please answer some questions? Thank you. Ronald Ripley: I got a question. Staff put a condition in here that there would be no parking in the front of the building. Ricardo Burress: Correct. Ronald Ripley: We got a picture up there. When somebody comes to your establishment that would be the front door. Correct? Ricardo Burress: Yes. Ronald Ripley: Where are they going to park? They're not going to park in the front. Are they going to run around in the back of the building? Ricardo Burress: Actually, we have in front of the building. I don't know if you all took a picture of the front, which is on Virginia Beach Boulevard. Robert Miller: The other building. Ricardo Burress: Yeah. The other building. Everything is still adjacent to each other. Item #22 Elite Custom Wheels Page 2 We have the guy David Lindsay own all the property. And the guy who had the building before that. I'm trying to acquire they all used the same parking. I know it's not really a big deal. Ronald Ripley: Do you run Tiles for Less? Ricardo Burress: No. I hope to have that new establishment. Ronald Ripley: But you are going to have a sign back there that says whatever the name of your business is and they're probably going to come back and see you. I'm going to drive back there. I'm not going to drive and park in Tiles for Less. Ricardo Burress: Correct. Ronald Ripley: How is that going to work? Ricardo Burress: I was looking at the parking next to it, at the FX building, where they have all the property. Ronald Ripley: Yeah. Ricardo Burress: That is why my building was going to be open between Monday & Saturday. Ronald Ripley: Does the owner own the FX building too? Ricardo Burress: No. He does not. I talked to the guy that owns where the parking is right now, it's the same parking that the people use for Tiles for Less and the cash advance place, and the mattress place on the side. Ronald Ripley: Right. Ricardo Burress: They all use the same thing because for the parking in the front it very seldom have people in and out of the building, so it would be a problem to use that parking and the parking on the side. If it came to a point where if we had to pay you all a set fee every month we would have no problem in doing so. But I don't think we would have enough people. I don't think that we would have that many people in and out of that building where it would be really crazy to be part of that. There's a building right here. They have the same exact business that I'm opening up. But I'm not sure how they operating as far as a Conditional Use Permit. And, they're just using all of this. And another thing is that everything that is set in here, I think should be stated for the same building. Ronald Ripley: You know you raise a good point then. That building, if I remember had Item #22 Elite Custom Wheels Page 3 a lot of tires and all kinds of stuff up front. And you're going to run the same type of business? Ricardo Burress: I'm running the same type of business and they are saying that I have to get a Conditional Use Permit to do the same operation that he has. And, I looked at his operation and he was right there. Ronald Ripley: It's a mess. Dorothy Wood: It's a mess. Ricardo Burress: Yeah. It's a mess. What I wanted to do and I have a business in Pittsburgh, PA, which is doing excellent. I stay across the street from Kellam High School so what I wanted to do was I wanted to come down here and do something that once they get to a point of starting with the Town Center and start bringing it down, my building would fit. It would be pretty much upscale and not just doing renting tires and doing tires for motorcycles, just a whole different variety of new stuff. I wanted everything to fit into that so when they came down because I'm looking at putting a large sum of money into this business. My brother and I decided to make it look like something nice instead of what we have back here. If he's running it back here and he doesn't have an office, I am sure that I could run my establishment right here and use the same parking. That is why we got the pavement and everything done. We got somebody taking care of the yard and getting everything planned and go in there and make this establishment look suitable. Ronald Ripley: It doesn't look like you have enough room for me to run. If the operation is going to be like the operation in back, it just doesn't appear to have enough room to accomplish that, and to keep everything in an orderly manner. It is just my opinion. Ricardo Burress: Okay, because we're looking at the front. Because the parking space that we have in the front, that building, I'm sure that we would have enough parking. Because I looked at everybody else, and this shop is the biggest shop out of all the people that is in Virginia Beach tire and rim. Ronald Ripley: Would all of your tires be inside the building? Ricardo Burress: Yeah. I'm just pretty much going to have a set up of all different kinds of wheels that you can get for your motorcycle all the way down. Ronald Ripley: But it all will be inside the building? None of it will be outside? Ricardo Burress: No. Actually, I have another place where I'm storing everything at a warehouse. This is pretty much where you come in and say I want this and this and this for my 66 Camero. You pick it out and then we have it set up in the warehouse. Item #22 Elite Custom Wheels Page 4 Ronald Ripley: They come here and actually change the tires here and all that? Ricardo Burress: That is all that we're doing. Ronald Ripley: All this happens inside the building? Ricardo Burress: On that side of the garage. Right here. It's big enough to where we can pull two cars in there. I can put two 6,000-pound racks, drive in there and put them up. Probably 30 minutes at the most because I can set up an appointment if you wanted to come down and get some wheels for whatever reason. And it is in an out. There is no sitting there with a thousand cars, and just sit there waiting. It's going to be appointments. It's going to be real classy. Dorothy Wood: What are you going to do to the exterior of the building Mr. Burress? Ricardo Burress: I have talked to David Lindsay, which is the owner and asked him what I could do? And we pretty much said that what I intend to do is pretty much take the glass out and replace it. Just upgrade it just a little bit so people see the building they think it's rented. The building has been there for 40 years. So, I really want to go in there and do some painting. Take up the carpet. Do the outside of the building. Get all of this cleaned up. I really want to clean it up. That is why we started with the pavement. I don't know if you all went by there before. It was really hosed and everything was all over the pavement but we redid this and now if everything comes to pass with you all and you want to start on the outside and go on the inside to get everything situated. Dorothy Wood: Well, it could certainly use some work. Ricardo Burress: Yes. Dorothy Wood: Are there any other questions? Ms. Anderson Janice Anderson: Yes. The conditions that the City has recommended approval on, you said that number #4 is not acceptable to you. I think this is a condition that the city is very interested in keeping those non -conforming signs taken care of, and this is not a standard condition but it is common on sites where they're asking for a Use Permit condition and there is a non -conforming sign on that lot. So, the City is usually in the position that the sign be removed whether the removal is done by the owner of the property so he could rent it to you or lease it to you or he puts the expense to you. I just, in my opinion would like to see that stay. I would vote on my approval with number #4. think without it, I wouldn't be comfortable at all. I do have conditions with the tightness of the site but that condition would have to remain. Ricardo Burress: Okay. As far as going back on to the sign, if you look on the side of the building in the back, the building has it's own sign just because of the position that it is in Item #22 Elite Custom Wheels Page 5 where it can't be seen from the street. So, as far as that freestanding sign that we're talking, I really don't think that it has anything to do with my company. Janice Anderson: Well, it might. The site has that freestanding sign. It is not required if you use it or not. They are requesting that if on the site for the Conditional Use Permit to be permitted for that property that freestanding sign would have to be removed. Mainly, I think they're talking to the owner of the property. Ricardo Burress: And I sat down and we went back and forth with it. He was pretty much telling me that the building has been there for 40 years and the sign has been there for the same amount of time. Janice Anderson: That is why it is in there. Ricardo Burress: We just went back and forth with it. He is just talking about it cost much money to take it down and do whatever. Dorothy Wood: Bob? Robert Miller: The issue here and you said you agree to the other conditions so I'm less worried about the tightness of the site, and everybody is all worried about how to get around the building. Everybody can figure that out and if you're a honorable man you could do those things. The thing with the sign is something, and I guess when we have a lessee situation, we usually don't see these things. When we have a Conditional Use Permit we get to jump into the middle of this and say, okay, let's get rid of that sign, that old sign and that is what's happening to you right now. Is that where we are? I know we've done it consistently but I don't remember a Use Permit in quite this scenario? Karen Lasley: We consistently recommend that condition but it is always a problem when there is an owner who doesn't agree to do it and the applicant is the lessee. Robert Miller: And this is Mr. Lindsay, who, I think owns some property. Mr. Burress, he's not your partner. William Din: So in other words Mr. Burress, if the sign is not removed, I don't think we are going to be able to grant, I guess the Conditional Use Permit. It won't be able to take place. That is essentially what is happening here. So, if he does not agree to remove the sign then you probably won't be able to use this store. Now, I guess you identified that there is another wheel business in the back of that. I think our Zoning Inspectors are looking at that and they are addressing that part of that. That is not part of this application but not that it has been forgotten either. I think that Condition #4 is probably the stumbling block that you are going to overcome with this thing or you may have to look for another store. Item #22 Elite Custom Wheels Page 6 Ricardo Burress: Okay. Dorothy Wood: Yes. Gene? Eugene Crabtree: Maybe an attorney or somebody. Since that non -conforming sign has been up there forever and it's not on his property where he is leasing but is on the owner's property up front, is that non -conforming sign grand -fathered? Bill Macali: No sir. Grand -fathering is not really an issue. Grand -fathered is not the word for it. It's got vested right to stay there. Eugene Crabtree: Maybe that is what I'm saying. Bill Macali: As a condition of the Use Permit, I think the City can require that be removed. Eugene Crabtree: Okay. Bill Macali: If nothing is developed on the property, the sign can stay there forever until it falls apart but there is a valid condition being imposed. Eugene Crabtree: Doesn't the sign adjust to building in front and not the building in back? Bill Macali: It's on the same property line. It's on the same lot is what it is. Eugene Crabtree: Okay. Dorothy Wood: Bill, if he was putting in a men's clothing store, then they wouldn't have to remove the sign? Is that correct? Bill Macali: If it is a permitted use. But the fact that this is a Use Permit, yes ma'am that is correct. You don't have to impose that condition. Dorothy Wood: We don't have to. Thank you Mr. Macali. Mr. Scott? Robert Scott: One other piece of information about the sign. .If you look at that site, there the site that is right under the boulevard (PowerPoint) in Virginia Beach Boulevard. That is an auto -oriented business. I think it is a used car dealership. And we had a similar situation with them in the past with a non -conforming sign that they were required as a condition of a Use Permit to remove. We ended up going to court with them and we settled out of court. We made a compromise with them. I think they reduced the size of the sign considerably but we allowed them to keep it. So, you have to take it on a case- Item #22 Elite Custom Wheels Page 7 by -case basis but we've been pretty aggressive in getting the signs to come into compliance as best we can with the current regulation. Dorothy Wood: Thank you. I was just thinking that since it wasn't actually on the property that he is renting. I know its on the same site. Joseph Strange: How many square feet are you actually renting? Ricardo Burress: Just this one building. And the sign is located over here. Joseph Strange: So you don't know how many square feet your actually renting? Ricardo Burress: I'm renting the whole building. The sign is located right here. Ed Weeden: Mr. Burress, can you speak into the mic? Ricardo Burress: Pardon me? Dorothy Wood: So he can hear. Ricardo Burress: It is located over here. Dorothy Wood: And your building is where sir? Ricardo Burress: Right here. Dorothy Wood: Ms. Anderson. Janice Anderson: With the non -conforming signs, I think we had a similar position with a landlord and a commercial lease and I think we conditioned, so I know it should be a case -by -case and not just a blanket. I think I would go ahead and approve it with the conditions here, and then if there could be a modification to that sign condition, if they could look at some compromise that might be right for Council that they could compromise on that sign. So, something is addressed with regard to the sign one way or another if it is not a full removal. Dorothy Wood: Then they could compromise before Council? Eugene Crabtree: I just don't think that Mr. Burress should be penalized because of the owner's inability to move that sign to have his business. I personally don't feel like it is fair to him and to penalize him getting a permit for his business because of the owner is reluctant to do something to the sign. That is just the way I feel. Item #22 Elite Custom Wheels Page 8 Dorothy Wood: The other cases we had, I believe Mr. Macali, wasn't the sign right in front of the business? Bill Macali: The sign that Mr. Scott was referring to was Pembroke Auto Sales. Dorothy Wood: It was right in front of the business. Bill Macali: It was on the same site. Dorothy Wood: And there is another business in front of Mr. Burress's. Bill Macali: It does advertise the business that was on the same lot. Right. The reason for that difference and the same is true about the Window Palm Sales or something like that? That is undeniably true. Donald Horsley: Mr. Burress, I might offer you a suggestion. If we approve this today with that condition, you go back and bare the expense to remove that sign, and see what the landlord says then. I bet you he will still not remove it because it is more than the expense of moving the sign. He just doesn't want to do away with that sign. Dorothy Wood: Mr. Miller. Donald Horsley: He may have told you that but he just doesn't want to do anything. Ricardo Burress: I went to him about it and told him he needed to remove the sign. The next thing I know. Robert Miller: One thing to make sure and this is not about penalizing you. We're trying to get the Boulevard cleaned up and get the sign ordinances into conformance. It has nothing to do with what your quality of what you're going to do. I think everybody believes in that, and your very clear as to what you plan to do. And Town Center is very important to you as it is to the rest of us. It's not about that. It's about trying to figure out when we can get a hold of these folks to deal with the signs. I think that is what it comes down to. I'm going to make a motion that we approve it with the conditions as they are, and you all can see what you can do with the sign. Dorothy Wood: This gives a little time to work on it before Council. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item #22 Elite Custom Wheels Page 9 KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Dorothy Wood: By a vote of 11-0, the Board has approved Item #22. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Baillio Sand Company, Inc. — Conditional Use Permit (borrow pit) MEETING DATE: September 27, 2005 ■ Background: An Ordinance upon Application of Baillio Sand Company, Inc. for a Conditional Use Permit for a borrow pit on property located on the west side of Princess Anne Lane, beginning 299.70 feet west of the intersection of Princess Anne Lane and Princess Anne Road (GPINs 24038867530000; 24038636650000; 24038753120000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant requests a Conditional Use Permit for a new 20.53-acre borrow pit to be located immediately adjacent to an existing 38-acre borrow pit. Ownership of the existing borrow pit will transfer back to the previous property owner in late 2006 and it will no longer be excavated. The current operation has been in existence since 1981. There are plans to surround the older borrow pit with residential dwellings, however, a rezoning is required. The ingress/egress to the proposed pit will be as it is aligned today, along Princess Anne Road. The entry will shift a bit to the south, but within property that will remain under the ownership of the applicant. Between the existing operation and the proposed pit, a 100-foot buffer is shown as required by the Zoning Ordinance. Excavation on the expansion site is scheduled to begin in 2005 and it is estimated to continue until January 2026. The plan states that up to 1.2 million cubic yards of material will be excavated from the pit. The hours of operation are proposed as Monday through Saturday 7:00 am to 7:00 pm with no work hours on Sunday. Excavation of the pit will be with a hydraulic dredge. City Staff has examined the proposal and no negative findings have been made concerning groundwater supply. The plan states that the pit, once fully excavated, will ultimately become a lake. The proposed borrow pit is recommended for approval by the Planning Commission. There are several similar pits in the vicinity on property currently zoned for agricultural uses within the Transition Area. The pit is well beyond the minimum setback from Princess Anne Road of 100 feet as the excavation area measures approximately 300 feet from the right-of-way. The impact on City streets will be exactly the same as today's conditions due to the fact that the existing 38 acre pit, adjacent to this site and operated by the applicant, will be closed as of December 2006 and all operational activities will transfer to this new pit. To date, the Zoning Inspections office has received no complaints related to Baillio Sand Company, Inc. Page 2 of 2 the existing Baillio pit. The proposed pit should not impose any impacts beyond those presently associated with the existing operation. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The stockpiling of material, overburden, equipment, etc. shall not be permitted within the 100 foot buffer areas depicted on the plan. 2. Operation on Sundays shall be prohibited. Hours of operation shall be 7:00 a.m. until 7:00 p.m. 3. The existing 22 foot wide lane identified on the plan that runs through the proposed borrow pit expansion area shall be either be relocated or vacated by recorded plat prior to the issuance of any land disturbing and/or excavation permits. Evidence of applicant's ability to excavate and eliminate that portion of the lane must be satisfactory to the City Attorney's Office. 4. Prior to any excavation, the developer must obtain an excavation permit from the appropriate City agencies. 5. The excavated area shall be limited to 20.53 acres as depicted on the submitted plan entitled, "Concept Plan Proposed Borrow Pit Expansion Plan for Baillio Sand Company," prepared by Gallup Surveyors & Engineer, Ltd., dated June 9, 2005. 6. Excavation of the borrow pit shall be done with a hydraulic dredge when excavating below the water table. No water is to be pumped from the pit nor any other action shall be permitted that would result in a lowering of the water table. 7. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six months. ■ 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: v'" BAI LLIO SAND COMPANY, INC. Agenda Item # 23 August 10, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith This item was deferred by the Planning Commission on July 13, 2005 because the required sign advertising the request had not been posted. The applicant has now posted the sign and is ready to move forward with the item. REQUEST: Conditional Use Permit for a borrow pit. w a. r• CUP fm B- Pi, ADDRESS / DESCRIPTION: Property located on the west side of Princess Anne Road, south of Sandbridge Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24038867530000; 7 - PRINCESS ANNE 20.53 acres 2403863665 The applicant requests a Conditional Use Permit for a 20.53 SUMMARY OF REQUEST acre borrow pit. There is an existing 38 acre borrow pit directly to the north currently being operated by the applicant. Between the existing operation and the proposed pit, a 100 foot buffer is proposed as required by the Zoning Ordinance. The existing operation has been in existence since 1981. Another borrow pit operation, farther to the north and operated independently, has been in existence since the Iatel970s. The ingress/egress to the proposed pit will be as it is aligned today, along Princess Anne, however, the ownership of the existing borrow pit will transfer back to the previous property owner in late 2006. At that time, the entry will shift a bit to the south, but within property that will remain under the ownership of the applicant. Excavation on the "expansion" site is scheduled to begin in 2005 and it is estimated to continue until January 2026. The plan states that up to 1.2 million cubic yards of material will be excavated from the pit. The hours of operation are proposed as Monday through Saturday 7:00 am to 7:00 pm with no work hours on Sunday. Excavation of the pit will be with a hydraulic dredge. There is an existing 22 foot wide lane that runs through the proposed borrow pit buffer area that will either be relocated or vacated prior to the issuance of any land disturbing and/or excavation permits, if necessary and as determined by the City Attorney's Office. BAILLIO SAND LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped agricultural field. SURROUNDING LAND North: . Borrow pit / AG-2 Agricultural District USE AND ZONING: South: . Agricultural fields / AG-2 Agricultural District East: . Princess Anne Road, agricultural fields / AG-2 Agricultural District West: . Woods, agricultural fields / AG-2 Agricultural District NATURAL RESOURCE AND The property is currently under cultivation. There do not appear to be CULTURAL FEATURES: any significant environmental features on 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): Princess Anne Road in the vicinity of this project is a two (2) lane suburban arterial road. The MTP designates this section as a proposed 100 foot, divided right-of-way. Improvements are not anticipated on this roadway in the next five (5) years. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 11,421 ADT 13,600 ADT (Level of Existing Land Use — 50 Road Service "C") — 15,000 ADT ADT ' (Level of Service "") Proposed Land Use 3- 110 'Average Daily Trips Zas defined by existing agricultural zoning 3 as defined by expanding the pit WATER & SEWER: There are no water mains in the vicinity of this site and there is no sanitary sewer service available. The Comprehensive Plan recognizes this site to be within the COMPREHENSIVE PLAN Transition Area / Princess Anne. 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. EVALUATION AND RECOMMENDATION The proposed 20.53 acre borrow pit is recommended for approval. There are several similar pits in the vicinity on property currently zoned for agricultural uses within the Transition Area. The pit is well beyond the minimum setback from Princess Anne Road of 100 feet as the excavation area measures approximately 300 feet from the right-of-way. The plan states that the pit, once fully excavated, will ultimately become a lake. There are plans to surround the existing borrow pit to the north with residential dwellings. As this property is within the Transition Area, future residential development must be low density, achieving no more than one (1) dwelling unit per acre. City Staff has examined the proposal and no negative findings have been made concerning groundwater supply. A hydraulic dredge, rather than an operation that pumps groundwater, will be used to remove the material. The impact on City streets will be exactly the same as today's conditions due to the fact that the existing 38 acre pit, adjacent to this site and operated by the applicant, will be closed as of December 2006 and all operational activities will transfer to this new pit. To date, no complaints related the existing Baillio pit have been received by the Zoning Inspections office. In short, the proposed pit should not impose any impacts beyond those presently associated with the existing operation and based on these findings, Staff is recommending approval of the request. CONDITIONS 1. The stockpiling of material, overburden, equipment, etc. shall not be permitted within the 100 foot buffer areas depicted on the plan. 2. Operation on Sundays shall be prohibited. 3. The existing 22 foot wide lane identified on the plan that runs through the proposed borrow pit expansion area shall be either be relocated or vacated by recorded plat prior to the issuance of any land disturbing and/or excavation permits. Evidence of applicant's ability to excavate and eliminate that portion of the lane must be satisfactory to the City Attorney's Office. 4. Prior to any excavation, the developer must obtain an excavation permit from the appropriate City agencies. 5. The excavated area shall be limited to 20.53 acres as depicted on the submitted plan entitled, "Concept Plan Proposed Borrow Pit Expansion Plan for Baillio Sand Company," prepared by Gallup Surveyors & Engineer, Ltd., dated June 9, 2005. 6. Excavation of the borrow pit shall be done with a hydraulic dredge when excavating below the water table. No water is to be pumped from the pit nor any other action shall be permitted that would result in a lowering of the water table. 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. BAILLIO SAND �. .a �, � � 1 � c p. a �'� � # "y �, ' 3 ` � ��'� � � � � E `� t,8�� �' " 't. ffJJrrjj,, � n�.` ice' � � .�: �. ,. 3 .p 3-'R`'x. 2 � d 4 d3 S d i$ t121 y 1 2 3 4 5 6 CUP for Borrow Pit 2/24/04 Change of Zoning (AG-1 & AG-2 to Granted Conditional PD-H2 with R-30 & P-1 overlay) 1/14/03 Change of Zoning (AG-1 & AG-2 to Granted Conditional R-20) 7/8/97 Change of Zoning (AG-1 & AG-2 to Granted Conditional R-30) 7/8/97 Subdivision Variance Granted Change of Zoning (AG-1 & AG-2 to Granted Conditional R-20) 9/28/93 Conditional Use Permit (golf course) Granted 4/23/87 Conditional Use Permit (borrow pit) Granted 2/20/81 Conditional Use Permit (borrow pit) Granted olf, I � a b'd 1 9 ul �l (1) 11111 BAILLIO SAND Item #23 Baillio Sand Company, Inc. Conditional Use Permit West side of Princess Anne Lane District 7 Princess Anne August 10, 2005 REGULAR Joseph Strange: The next item is Item #23, Baillio Sand Company, Inc. An ordinance upon application of Baillio Sand Company, Inc. for a Conditional Use Permit for a borrow pit expansion on property located on the west side of Princess Anne Lane beginning 299.70 feet west of the intersection of Princess Anne Lane and Princess Anne Road, District 7, Princess Anne with six conditions. Morris Fine: Madame Chairman and members of the Commission. I'm Morris Fine, an attorney and I represent Baillio Sand Company. Mr. Baillio is here. And I know that you have read the summary from the Planning staff, who has recommended this Conditional Use Permit. I won't go into gross detail about what is already there. I think it is important that you know that Mr. Baillio has operated a sand borrow pit next to this proposed one for some 20 years. And all of the conditions that we have that are necessary for the new pit have been actually conditioned for the existing permit. The existing permit is about be exhausted and that is why Mr. Baillio is asking for this Conditional Use Permit. The way he operates his existing company is he has a dredge on the premises so that the water table is not affected at all. He has some five trucks that operate with him and he operates within the hours described here in your condition. I think it is 7:00 a.m. to 7:00 p.m., Monday through Saturday. There would be no additional traffic generated. Because he operates a hydraulic dredge in a wet existence, the ground water is not affected. There is no dust. He actually owns the ingress/egress into this property and fee simple interest that's some five -acres, which is the buffer that is going to be used for this property. There is an existing left and right turn lane. So we have basically all of the issues that have been addressed already in his operation. There is sort of an uniqueness to the particular quality of sand that we have there. It is a washed masonry sand. In his family he has a geologist who studied this particular sand, and it is used for sale to masons. It's not the kind of thick sand that you see on the beach. I'll be available to answer any questions that any one might have. I think you received this letter from Mr. Arnold. I have met with Mr. Arnold and perhaps I misstated the feeling that I have, that he was not going to have any objection but of course he does have some objection. He says it should be used for residential zoning. It is zoned agricultural and I suppose Mr. Arnold has an option to purchase on the property. And that would, of course, require rezoning in there or a considerable number of issues which you would have to deal with and planning and rezoning with Mr. Arnold. I think he does have an application in the process here. But he opposes a rezoning for what he thinks is a use. It will not, in any Item #24 Baillio Sand Company, Inc. Page 2 way, conflict with what Mr. Baillio does and has done for some 20 years. If you have any questions, I'll be happy to answer them. I have Mr. Baillio here. Ronald Ripley: In the letter, and you may have answered it for I was writing something here. The land between the existing borrow and the proposed borrow pit, there is strip that shows up on the plat, do you own that? Morris Fine: Yes. Mr. Baillio owns it fee simple. He owns that. Ronald Ripley: He does own it. That's the area he is going to put his landscaping on? Morris Fine: Also the ingress/egress. Ed Weeden: Mr. Fine, can you step in front of the mic please? Dorothy Wood: Could you get in front of the mic please? We can't hear you. Morris Fine: It's the ingress/egress and it is also the buffer. Ronald Ripley: To that strip of land that we're looking up at the plat right now between the dark area and the light area. The other question that I have is there any sequence of mining that is planned? In other words, is it going to start at one end and end up closest to residential at the end? How is that going to go? What is the sequence of construction? Do you know? Morris Fine: I do not know. Mr. Baillio might be able to tell us. He probably hasn't gotten that far. It probably won't go into operation until well into 2006. So I couldn't tell you the sequence. Ronald Ripley: Then let me ask you another question. Morris Fine: He could answer that for you. Ronald Ripley: Okay. Morris Fine: This is Mr. Baillio. John Baillio: I'm John Baillio. I'm the president of the sand company. The sequence of operation will probably be that we will start on the north side and work south, and start on the backend and work east. Generally speaking you excavate down to the water table and then you have water for the dredged float in. It moves around like a vacuum cleaner. And, it is approximately able to dig about 30 feet deep. So, the level of the water is kind of immaterial. I hope that answers it. Item #24 Baillio Sand Company, Inc. Page 3 Ronald Ripley: It does. The other question that I had is and looking at the photographs, it looked like the existing pit has sort of a box cut on the sides. It is pretty right vertical. Is that correct? John Baillio: Well, it is not that vertical. The code requires that it be sloped 3 to 1. There are all types of bonds, insuring that is done before it is approved for closure. Ronald Ripley: I understand that before it is approved for closure. I would like to know that after you have mined if you were to cut it like that box cut, after you have mined it, would you be willing to redevelop those slopes sooner than later? So, where I'm coming from is a safety issue. If there are people in the area, I realize, hopefully you will be fenced off, and maybe not but having a 3 to 1 slope versus a boxed cut slope. It is a big difference. After you mined it, is there a sequence of timing because we have done this with other borrow pits that were approved that within a certain amount of time, within six months or a year after you have finished mining it, you actually redevelop the slope with fill material. Is that something you would consider? John Baillio: The least expensive way to do that is to leave enough material on site so you have enough there for the slope and we do. The hauling in of vast amounts of clay to make a slope is very expensive indeed. If you were to come in there today you would see that, let me see if I can describe it. You would see that there a fairy gentle taper all the way around the pit right now. In some areas it is already 3 to 1. Ronald Ripley: So are you saying that you will have enough material to redevelop those slopes? John Baillio: Oh certainly. One of the reasons why people have to haul in the material is because they dug too far. Ronald Ripley: Okay. Dorothy Wood: Jan. Janice Anderson: Mr. Baillio, from the reading materials as I understand it they have been mining around this site for over 30 years. Is that correct? Morris Fine: That's correct. See where it says existing site? That is the site. Janice Anderson: Okay. And, this proposed site, so far as it being in this area, mainly located in this area because of the sand source or the natural resource rather than anything else? Is that correct? Morris Fine: That's correct. Item #24 Baillio Sand Company, Inc. Page 4 Janice Anderson: I guess all the same roads and easements in and out will be the same. Morris Fine: Actually, they own it. Janice Anderson: Just to be curious, what would be the life of this borrow pit? Morris Fine: We think it is about 20 years. Janice Anderson: Twenty years. Then at the end of that time the plan is to turn it into a lake also? Morris Fine: Actually what they have is an agreement with the present owner and felt that the present owner can recapture it. Janice Anderson: Just like the one that he is using presently. Same condition? Okay. Thank you. Dorothy Wood: Are there any other questions? Mr. Din. William Din: Mr. Fine. Morris Fine: Yes, Mr. Din. William Din: Over the past 20 to 30 years that this existing site has been operating, I think conditions on Princess Anne Road have changed quite a bit. I realize there have been no complaints on this thing but the impact on the roads was less during those earlier years then they probably will be in the next five years or the next 20 years that you intend to operate this proposed site. I know these trucks and you don't intend to increase the number of trucks but the trucks do have a bigger impact because there is more traffic on Princess Anne Road. I feel that this impact is maybe more detrimental because of any developments that may be coming in through here, and the speed of the trucks that are using these roads. I know there are a lot of other trucks that also this road. The commercial traffic on here is getting to be quite an impact. John Baillio: May I add something? William Din: I really haven't asked a question yet. I was just trying to make a comment there, if you don't mind? Is there a way that we can calm the trucks down as they utilize this road, and because of the additional traffic from the residents and other uses on Princess Anne Road? It is still a two-lane road through there. It is right on the curb. You have traffic from these trucks going in and out of there. What can we do help the situation? Item #24 Baillio Sand Company, Inc. Page 5 Morris Fine: There is a turn lane both left and right there. So, to that degree there is some safety built into it. And Mr. Baillio can tell you more about it since he has been operating. John Baillio: We are somewhat unique at what we do. Our primary product is masonry sand. And, we haul as far as Suffolk, Williamsburg, and Norfolk. Our friends next door operate somewhere between 40 to 50 trucks. We operate five. One typical morning one of my trucks left to go to Norfolk and it didn't get back until 10:30. I would say that of all the different sand companies, were by far the smallest and we haul the furthest distance. And I don't think we add a great deal to the traffic. In our particular product, it is not suddenly a run on mason sand where you hire hundreds of trucks at great volume like a beach haul or something like that. Dorothy Wood: Are there any other questions? Will? William Din: You do say you have a turn lane there but is the turn lane sufficient enough for the trucks to get on and off Princess Anne Road in a safe manner? That is what I'm questioning here. I guess if you only have five trucks, is that what you're running? John Baillio: Five trucks. Morris Fine: They go out and they come back and that is it. William Din: Of these five trucks, do they only make one run a day? Is that what your alluding here? Morris Fine: One or two runs a day. Mr. Baillio. John Baillio: In the white sand business, lets say they are hauling the white sand to the Dam Neck Base for a volleyball court. It is a very short haul. They could make six loads a day. It would all depend on distance and time and traffic. The other day we sent one to Williamsburg and it got back after dark. William Din: Can you tell me approximately what kind of tons you move out there per day? How many truckloads that would be? John Baillio: For our trucks probably between 18 to 22 loads a day. William Din: Thank you. Dorothy Wood: Barry? Barry Knight: I guess I can help answer Will Din's questions. I live, of course, seven or eight miles south of there. There is Cameron Munden pit, E.V. Williams pit right to the Item #24 Baillio Sand Company, Inc. Page 6 north of it and of course the Baillio sand pit further to the south. And they do haul fill sand, which is used for anything and everything on construction projects, road projects, etc. He has a specialized use, which is masonry sand. He travels longer and further distances. He is one of the few sand pits around that don't seem to have any problems down there. You seem to go by the other sand pits and they drag the mud out of there. There is so much traffic that when it rains and he doesn't, and I've noticed any mud in there either there are fewer trips or he puts more ballast stone in there. But he does a good job. There is going to continue to be a need for sand in Virginia Beach. The thing that we need to look at is the shortness of the haul because everybody hates dump trucks. And we particularly dislike them the longer the haul, the more narrower the roads, particularly like the sand pit down at the North Carolina line or somewhere on some outskirts. And if there continues to be a need of sand, which there is, and masonry sand, and if this is pretty much going to be in the thick of everything, it is right across from Heritage Park and Munden Land, and Ashville Park. The shortness of the haul is what I'm looking at. I'm glad to see a sand pit where the trucks don't stay on the road as much. Mr. Horsley and I, we know the Whites very well. They're just a neat a farmer and operator as you will find. Not only would they be opposed to this but you're operating on their land. And, you can call it what you want to but it is basically I'll call it the mineral rights. They think so much of their land and the.adjacent land. I know that they're not going to let you go in there unless you're good operators. Mr. Baillio has been a neighbor of theirs for 20 years. That speaks volumes to me. So, maybe Will that will help answer some of your questions. I think there is a need for it and he is as good an operator that I've seen. William Din: I don't doubt that there is need for this. I just want to make sure that in the next upcoming years here there is going to be a lot more impact on this road with other traffic, and additional sand trucks or existing sand trucks whether they're from this operation or the adjacent operation or one down the road. It is going to really impact on here unless the speed on Princess Anne Road is reduced or we somehow are able to slow down a lot of these other trucks also. I'm not speaking solely of this operation but it adds to the impact on the roads. So that is my concern here. Thank you. Dorothy Wood: Do I hear a motion? Eddie Bourdon: I would like to speak. Dorothy Wood: You didn't sign up Mr. Bourdon so I didn't call you. Eddie Bourdon: I do normally. I apologize. Dorothy Wood: Okay. Eddie Bourdon: For the record, Eddie Bourdon and I'm representing the developers of proposed Sherwood Lakes, north of this property. And, I am absolutely not speaking in Item #24 Baillio Sand Company, Inc. Page 7 opposition to what is before you. But there are some things that we want to put on the record and make a couple of observations. Personally, I have had the opportunity to represent a number of borrow pit developers and operators. And what Mr. Knight indicated with respect to Mr. Baillio is universally held. He does a great job. There are no two ways about it. He is an excellent operator. The things that I'll mention is that Gunther Pit, which is on Seaboard Road, the Williams pit, and the existing Baillio pit because this is a new Baillio pit, directly adjacent but a new pit. All three of those pits are going to be shut down and out of operation in a very short time. The Williams pit at the end of this year. The existing Baillio pit the end of next year. I understand the Gunther pit within the next 2 to 3 years is also going to be out of operation because they are out of sand. Fortunately, for our long term need with what the Navy wants the rest of the City to be, we got plenty of other opportunities to put borrow pits closer in around the base but that is another story. The issues that we have are: we do believe our proposed development but it would be preferable not to have a borrow pit next door, the type that Mr. Baillio operates, we could live it if we have to live with it. We do think there are some other places that it could go where it would not have the potential impact on the residential development, which is going to take place here, high end residential in the Transition Area. Heritage Park, Ashville Park, Munden Farms, and hopefully Sherwood Lakes that weren't in place 25 to 30 years ago when these existing pits that are now running out of sand and going out of business to put in place. So, this particular area of the Transition Area, which is not impacted by the site by noise zone, this area is a little bit different. What my concern is, and I want to have this addressed, is the buffer. And Mr. Fine mentioned recapturing of this pit at the end of its operation. I'm not sure what that means. Turning into a lake if that is what ultimately happens I think we're fine with that but having dump trucks bringing dirt in for another 15 years after the 20 years of digging the sand out is not what we want to see. Dorothy Wood: Thanks Eddie. Are there any questions for Eddie? Mr. Ripley? Ronald Ripley: What kind of buffer would you like to see? Eddie Bourdon: We want to see a substantial a buffer as is possible. Again, we would prefer that it not be a borrow pit but were not opposed to it because Mr. Baillio is such a good operator. We do like the idea of what was indicated that it would be excavated from the north to the south and from the west to the east. I think that does make sense. We just want to make sure that there is a berm. We would like to see lots of heavy landscape if it is approved. But the type of operator that Mr. Baillio is and if was somebody else we would be here adamantly opposed to it, but as much as you can get. I neglected to mention that Suburban Grading and David Kellam and Mike Fisher, they are two other applications in the same area for borrow pits that have been denied in the course of the last ten years but they were on the opposite side of Princess Anne Road. It's a testament to the way Mr. Baillio operates that he has support from the staff. Dorothy Wood: Thanks. Mr. Knight. Item #24 Baillio Sand Company, Inc. Page 8 Barry Knight: Mr. Bourdon brings up some good points. Mr. Baillio is a good operator. Mr. Baillio, I hope you put a nice buffer and berm there, and put plenty of ballistone there to keep the mud off the road. And, also know that if you'll do a continuing reclamation as you go along in reference to the slope of the bank for safety purposes because it is good. Also note that you're going to have a tremendous bond associated with this sand pit. As soon as you quit operating you have a timeframe, I believe it is six months to a year to reclamate this pit. And, you have to start to do this and you have to do it right to get your bond back. Being very familiar with that, I would like to make a motion to approve the Baillio sand pit application as conditioned. Dorothy Wood: Thank you. Do I hear a second? We have a motion by Mr. Knight and a second by Mr. Waller and Ms. Anderson. Ronald Ripley: I would like to have a condition put on it about the restoration. Basically, I would like to see add something to this affect. When the mining is complete, applicant will redevelop the sides of the pit to a 3 to 1 slope. Redevelopment will occur as the side of the pit is completed within nine months of completion. Barry Knight: I'll absolutely agree with that. I would like to ask the Planner is that already part of the Reclamation Bond? Ronald Ripley: It usually happens at the end. Barry Knight: I think its part of the Reclamation Bond. Ronald Ripley: You get ready to leave and then you do it by slopes. I would like to see it done now. John Baillio: It's within six months right now but I'll do it within nine months. Dorothy Wood: Okay, so it is already there. Barry Knight: I think it is already addressed Ron. Ronald Ripley: I think it is addressed when you finish the pit then you go in and redevelop the slopes. John Baillio: Well, the ordinance right now says you have to do it within six months. Ronald Ripley: Six months is fine with me. I'm suggesting that you redevelop the slopes. If you finish the north slope, I think I would like to see you redevelop that north slope as you go within a six month period. I don't want to hinder you getting sand out of your pit. Item #24 Baillio Sand Company, Inc. Page 9 John Baillio: That's fine. We would agree with that. Ronald Ripley: Okay. Fine. Dorothy Wood: Will. William Din: I would also like to see condition #2 modified to express some hours of operation on here. We don't have any limited hours when the borrow pit is operating. I don't know if that is common or not but I would like to see it established what their hours are. Dorothy Wood: It is 7:00 to 7:00. William Din: 7:00 to 7:00 p.m.? Barry Knight: That's in the code. Karen Lasley: The code. Ronald Ripley: I would like mine amended if you don't mind? Dorothy Wood: Is that okay Mr. Knight? Ronald Ripley: Change the nine to six months. Dorothy Wood: Is that okay with you Mr. Fine? Morris Fine: That's acceptable. Dorothy Wood: Thank you sir. With those motions and those amendments, do we have the vote? AYE 10 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE NAY 0 ABS 0 ABSENT 1 ABSENT Item #24 Baillio Sand Company, Inc. Page 10 WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved the application of Baillio Sand Company with the amendments. Dorothy Wood: Meeting is adjourned. �I HU BPA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Saltwater, L.L.C. — Change of Zoning District Classification MEETING DATE: September 27, 2005 ■ Background: An Ordinance upon Application of Saltwater, L.L.C. for a Change of Zoning District Classification from 0-2 Office District to Conditional 0-1 Office District on property located at 1200 Communications Circle (GPIN 14691087150000). The Comprehensive Plan designates this site as being part of Strategic Growth Area 1 — Northampton Boulevard Corridor, suitable for major corporate, employment and industrial uses. The purpose of this rezoning is to develop the site with office buildings. DISTRICT 4 — BAYSIDE , ■ Considerations: The applicant proposes to rezone the property from 0-2 Office District to Conditional 0-1 Office District in order to subdivide the property into two parcels. Proposed Parcel 1 B will contain the existing building and parking areas at 1200 Communication Circle. Proposed Parcel 1A will be a newly created parcel at the corner of Diamond Springs Road and Northampton Boulevard. The two parcels proposed with this subdivision will be .79 acres and .88 acres respectively. The current 0-2 Office District requires lots to be at least 1.0 acres in size, therefore, a rezoning to the 0-1 Office District which allows a minimum lot area of 5,000 square feet, is being requested. The two parcels will share parking and access to Shell Road. The applicant has proffered that no access will be allowed from either Diamond Springs Road or Northampton Boulevard. The Planning Commission placed this item on the consent agenda because the request will allow the subdivision of an existing office site. The proffers ensure that the development will have coordinated access and parking. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Saltwater, L.L.C. Page 2of2 Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S lam7,q v-1, - SALTWATER LLC Agenda Item # 7 September 14, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Change of Zoninq District Classification from 0-2 Office District to Conditional 0-1 Office District Map c-4 Saltwater LLC oia N,.�s 111 1 ICI N 2 r�R SD B-� l - R3D 40 PD-H2 (R 40) B - 2'� �� C7 J Zoning Change from 0-2 to 0-1 ADDRESS / DESCRIPTION: Property located at 1200 Communications Circle GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14691087150000 4 - BAYSIDE 1.6 acres The applicant proposes to rezone the property from 0-2 Office SUMMARY OF REQUEST District to Conditional 0-1 Office District in order to subdivide the property into two parcels. Proposed Parcel 1 B will contain the existing building and parking areas at 1200 Communication Circle. Proposed Parcel 1 A will be a newly created parcel at the corner of Diamond Springs Road and Northampton Boulevard. The two parcels proposed with this subdivision will be .79 acres and .88 acres respectively. The current 0-2 Office District requires that all properties to be at least 1.0 acres in size, therefore, a rezoning to the 0-1 Office District which allows a minimum lot area of 5,000 square feet, is being requested. The two parcels will share parking and access to Shell Road. The applicant has proffered that no access will be allowed from either Diamond Springs Road or Northampton Boulevard. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Small office building, communication towers and equipment, parking lot SURROUNDING LAND North: . Northampton Boulevard USE AND ZONING: South: . Open Space (City of Norfolk) / R-5D Residential District East: . Office / B-2 Community Business District West: . Diamond Springs Road NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site that is undeveloped is a grassy field. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES The proposed rezoning from 0-2 Office District to Conditional 0-1 Office District will have no measurable impact on City services The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN Strategic Growth Area 1 — Northampton Boulevard Corridor. This area is suitable for major corporate, employment and industrial uses. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the submitted proffers, provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is subdivided and developed, in order to achieve a coordinated design and development on the site in terms of vehicular access and parking, the PRELIMINARY SUBDIVISION PLAN, dated June 27, 2005, prepared by Langley and McDonald, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") shall be substantially adhered to. PROFFER 2: When the Property is developed, there will be no direct vehicular access from the two (2) adjacent roadways known as Diamond Springs Road and Northampton Boulevard. PROFFER 3: 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. The City Attorney's Office has reviewed the proffer agreement dated June 24, 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. 9CWGR F f'2iD IlW'X6� ArMS lGTf �1 SF 1V—'A 11 ES ES i �aaiwsm is� rexuucvr � wr. a w¢easxs�r �2IID 6tl4T' XN p> K /AnM6 at�r s WA aY lMriY �O IO�OI MMW _�A1p11pF,{MpJEML% p[fYgi PROPOSED PRELIMINARY SUBDIVI rr+ 1 �►� j �E 1 04/13/87 REZONING from R-8 & B-2 to 0-1 Office now 0-2) GRANTED 08/03/87 STREET CLOSURE GRANTED 2 02/27/89 REZONING from R-5D to B-2 GRANTED 3 11/21/83 REZONING from R-1 to B-2 GRANTED 08/27/91 CONDITIONAL USE PERMIT for recreational facility DENIED 4 07/12/05 CONDITIONAL USE PERMIT for gas pumps/convenience store GRANTED ZONING M 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) Saltwater, L.L.C.: Frank C. Willson, Sole Member 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 diffe►-eent 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 —j Conditional Rezoning Application Page 11 of 12 Revised 911/2004 Tv Tpw 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) Langley & McDonald, Inc. Sykes, Bourdon, Ahern & Levy, P.C. Advantis Real Estate Services Co. 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 sawn 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. CERT FICATION: l certify that the information contained herein ' r rfY e e 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 instru .ons in his package. Saltwater, L.L.C. By: / Frank C. Willson, managing Member Applicant's Signature Print Name Prop" Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 911/2004 Item #7 Saltwater, L.L.C. Change of Zoning District Classification 1200 Communications Circle District 4 Bayside September 14, 2005 CONSENT William Din: The next item I have is Item #7. This is Saltwater, L.L.C. This is an application by Saltwater, L.L.C. for a Change in Zoning District Classification from 0-2 Office District to Conditional 0-1 Office District on property located at 1200 Communications Circle in the Bayside District. Welcome. Eddie Bourdon: Thank you again, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. It's a Conditional Rezoning with one proffer. We appreciate being placed on the consent agenda. William Din: I have three proffers. Eddie Bourdon: Oh, I'm sorry. Three proffers. William Din: Thank you Eddie. Is there any objection to placing this item on consent? If not, Ms. Anderson will explain this item. Janice Anderson: Yes. This application is for a Change of Zoning from an 0-2 to 0-1. In this area, this parcel is between Northampton Road and Diamond Springs Road. The request for the change of zoning is to divide this property into two parcels. The existing zoning would require this lot to be an acre and if we divide it into two, it is little under an acre so that is the request for the change to a Conditional 0-1. The property will not be access by the main road from Northampton or Diamond Springs but only from Shell Road. We do believe this is appropriate change of zoning in this area and would recommend approval. William Din: Thank you Jan. I would like to make a motion to approve the following item. Item #7 is Saltwater, L.L.C. An application to Change Zoning District Classification from 0-2 Office District to Conditional 0-1 Office District on property located at 1200 Communications Circle in the Bayside District. Barry Knight: I'll second that motion. William Din: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Item #7 Saltwater, L.L.C. Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board as approved Item #7 for consent. In Reply Refer To Our File No. DF-6281 TO: Leslie L. Lilley FROM: B. Kay Wilson` CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 14, 2005 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Saltwater, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 27, 2005. 1 have reviewed the subject proffer agreement, dated June 24, 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: SYKES. BOURIDON, R A14ERN & LEVY. P.C. SALTWATER, 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 24th day of June, 2005, by and between SALTWATER, L.L.C., a Virginia limited liability company, 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 parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 1.669 acres of land and is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel 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 Classification of the Property from 0-2 Office District to Conditional 0-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantor's rezoning application gives rise; and GPIN: 1469-10-8715 1 PREPARED BY: SYKES. ROURDON, 0 ULRN & IVY, P.C. WHEREAS, 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 0- 1 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, Grantor, for itself, its successors, , personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is subdivided and developed, in order to achieve a coordinated design and development on the site in terms of vehicular access and parking, the "PRELIMINARY SUBDIVISION PLAN", dated June 27, 2005, prepared by Langley & McDonald, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") shall be substantially adhered to. 2. When the Property is developed, there will be no direct vehicular access from the two (2) adjacent roadways currently known as Diamond Springs Road and Northampton Boulevard. 3. 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. %i PREPARED BY: MM SYKES, ROURDON, dB AJIERN & LEVY, P.C. The above conditions, having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of 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. Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of Grantor and the Grantee. PREPARED BY: MSUES, ROUT-SR7DON, AHERN & LEVY. P.C. M PREPARED BY: 01H SYKES, POURDON, AHERN & LEVY, P.C. WITNESS the following signature and seal: GRANTOR: Saltwater, L.L.C., a Virginia limited liability company By:�� (SEAL) Frank C. Willson, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 30th day of June, 2005, by Frank C. Willson, Managing Member of Saltwater, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2006 kv� �- No ary Public 5 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, designated as "PARCEL 1, 1.669 ACRES", on that certain plat entitled "RESUBDIVISION OF A PORTION OF SHELL ROAD AND PROPERTY OWNED BY S.A. S. ASSOCIATES, Bayside Borough - VIRGINIA BEACH, VIRGINIA", dated February 1987, prepared by Basgier & Associates, and duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2667, at Page 282. GPIN: 1469-10-8715 CONDITIONALREZONE/ SALTWATER/ PROFFER PREPARED BY: MM SUES, R®URD®N. M A14ERN & Lwy. P.C. a�NU. 1� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Street Closures MEETING DATE: September 27, 2005 ■ Background: The following applications have been made by the City of Virginia Beach for the discontinuance, closure and abandonment of various streets: A portion of an alley beginning on the west side of Parks Avenue and extending approximately 312.29 feet in a westerly direction. A portion of Washington Avenue beginning on the north side of 19th Street and extending 255.21 feet in a northeasterly direction. A portion of an alley beginning on the east side of Parks Avenue and extending approximately 249.66 feet in an easterly direction. A portion of Norfolk Place beginning on the east side of Washington Avenue and extending 195.22 feet in an easterly direction. A portion of Washington Avenue beginning on the south side of 19th Street and extending approximately 365.05 feet in a southerly direction. A portion of Parks Avenue beginning on the north side of 18th Street and extending approximately 300.04 feet to the south sides of 19th Street. A portion of Monroe Avenue beginning on the north side of Virginia Beach Boulevard and extending approximately 355.64 feet in a northerly direction. A portion of Monroe Avenue beginning on the south side of 19th Street and extending approximately 278.89 feet in a southerly direction. A portion of Jefferson Avenue beginning on the north side of Virginia Beach Boulevard and extending 320 feet in a northerly direction. DISTRICT 6 — BEACH ■ Considerations: ■ Public Information: 0 Alternatives: ■ Recommendations: These applications were advertised to be heard on August 23, 2005 and were deferred until September 27, 2005. It is necessary to further defer these items until all research and review has been completed. The City Attorney recommends indefinite referral. ■ Attachments: Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department/City Attorney City Manager: )Z-,