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HomeMy WebLinkAboutNOVEMBER 12, 2002 AGENDACity of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. 0BERND0RF, At -Large MARGARET L. EURE, Centerville - District I LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEYE, Princess Anne -District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, A[•Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA JAMES K. SPORE. City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, AWC, City Clerk November 12, 2002 I CITY COUNCIL BRIEFING A.ILOLUNTEER COUNCIL ANNUAL REPORT Mary Russo - Volunteer Council Coordinator II. CITY MANAGER'S BRIEFINGS A. LOCAL VEHICLE REGISTRATION Patricia Phillips - Director - Finance B. 04'j 5 , s s { c z ti T Out NOW0 CITY HALL BUILDING I 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (75 7) 427-4303 FAX (757) 426-5669 E MAIL: Ctycncl a@vhgov. com - Conference Room - 2:OOPM 11 NEIGHBORHOOD REVITALIZATION STRATEGY Andrew Friedman - Director - Housing and Neighborhood Preservation III. REVIEW OF AGENDA ITEMS N. CITY COUNCIL COMMENTS I V. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Constance Lew Associate Pastor Union Baptist Church - Conference Room - 4:00 PM - Council Chamber - 6:00 PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS - November 5, 2002 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. Conveyance of City's Utility Easements - Indian River Road and Lila Lane I. ORDINANCES/RESOLUTIONS I . Ordinances to AMEND the City Code: a. Tax revisions: (1) Receipt and collection of meal taxes (2) Admission and lodging taxes (3) New penalty and interest provisions for these taxes b. § 6-8 re the use of wheeled devices with a wheel diameter of less than twelve (12) inches on any dune cross-over timber walkways located at the beach accesses between 59" and 89" Streets. C. ADD § 21-321.2 re maximum speed limits within designated neighborhoods (traffic calming): • Milburn Manor: Davis Street • Lake James: Lake James Drive Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 2. Ordinance to AUTHORIZE the City Manager to convey of a permanent utility easement on City -owned property, known as Indian River CITGO, to VIRGINIA ELECTRIC AND POWER COMPANY [VEPCO]; and, execute the necessary Easement Agreement 3. 4. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned properties a.. Sandbridge Shores by JULIO and EBBIE CABRAL: construct a new pier and access to replace a deteriorated structure at 2864 Bluebill Drive (DISTRICT 7 - PRINCESS ANNE) b. Back Bay Meadows by JOHN E. and AUDREY D. SETTLE: construct and maintain a wharf at 2957 Sand Bend Road. (DISTRICT 7 - PRINCESS ANNE) Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the PEMBROKE MANOR storm water upgrade at Independence Boulevard and Jeanne Street by agreement or condemnation. 5. Ordinance to AUTHORIZE the Memorandum of Understanding and Operating Agreement between the City and VIRGINIA MUSEUM of MARINE SCIENCE FOUNDATION. 6. Resolution to ESTABLISH the City Council's relationship with VIRGINIA BEACH COMMUNITY DEVELOPMENT AUTHORITY (VBCDC). 7. Ordinance to AUTHORIZE a third supplement to the Development and Post -Closing Escrow Agreements ("the Supplemental Documents") for the Town Center project. S. Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School Reversion Funds: a. $8.8 -Million: FY 2002-2003 School Capital Budget (1) $3,0009000 Telecommunication Infrastructure Replacement (2) $290007000 Instructional Technology (3) $3,2005,000 Equipment and Vehicle Replacement (5) $ 400,000 Student Data Management System (6) $ 200,000 Landstown High School/Princess Anne Road Pedestrian Bridge b. $1,597,000: Instructional Category (1) $11400,000 SQL Incentive Program (2) $ 1971,000 Athletic equipment 9. Ordinance to APPROPRIATE a grant of $15,000 from the of FRANCIS LAND HOUSE TRUST FUND to FY 2002-2003 operating budget of the Department of Museums and Cultural Arts re support for programs, events, exhibits and general operating expenses at the Francis Land House and Adam Thoroughgood House. PLANNING L Variance to Sustain 4.4 Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for FOUR PINES ASSOCIATES, L.L.C. at the southwest intersection of west Great Neck Road and Adam Feeling Road, containing 40.46 acres (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL 2. Petitions re the discontinuance, closure and abandonment of a portions of certain streets: a. DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on the east side of Euclid Street, south of Virginia Beach Boulevard, containing 15,111 square feet. (DISTRICT 2 - KEMPSVILLE) Staff Recommendation DEFER TO NOVEMBER 26, 2002 b. DAKOTA ASSOCIATES, LLC to MODIFY the closed area (approved August 27, 2002 with five conditions) re Joseph Place, north of Maple L (DISTRICT 6 - BEACH) Recommendation: APPROVAL C. UNITED JEWISH FEDERATION of TIDEWATER re EXTENSION of time for compliance [approved November 27,,2001 , with nine conditions] for the discontinuance, closure and abandonment of portions of: • Morris Avenue • Katie Brown Drive Recommendation: APPROVAL 3. Application of CHARITY UNITED METHODIST CHURCH re a Conditional Use Permit for a church expansion and preschool at Charity Neck and Gum Bridge Roads (4080 Charity Neck Road), containing 3.58 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL 4. Application of THAO L. NGUYEN for a Conditional Use Permit re a church at the east side of Princess Anne Road, south of Green Meadows Drive, containing 1 acre (DISTRICT 2 -- KEMPSVILLE) Recommendation: APPROVAL 5. Application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit for expansion on the west side of Darn Neck Road, north of Monet Drive (3312 Dam Neck Road) containing 6.3 acres. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL 6. Application of A. J. VENTURES, INC. for a Conditional Use Permit re a carwash, at Shore Drive vest of Treasure Island Drive (4357 Shore Drive) containing 34,630 square feet. (DISTRICT 4 - BAYSIDE) Recommendation: APPROVAL 7. Application of PRINCESS ANNE COUNTRY CLUB for a Conditional Use Permit re a golf cart storage facility on the northeast corner of Holly Road and Linkhom Drive, containing 16,988 square feet. (DISTRICT 5 - L VEN) Recommendation: APPROVAL 8. Application of JANICE L. ROWLEY for a Conditional Use Permit re a recreational use of an outdoor nature (skateboard ramp)on Summerset Lane south of New Castle Road (808 Summerset Lane), and containing 15,225 square feet. (DISTRICT 5 - L VENT) Recommendation: APPROVAL 9. Application of TRITON PCS, Inc. for a Conditional Use Permit re a monopole and stadium lig] on northwest corner of North Great Neck Road and Shorehaven Drive (2425 Shorehaven Drive) and, containing 49.995 acres. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PARKS AND RECREATION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deaf) 11/07/02 AGENDA 11 / 12/021blb V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11 VI. FORMAL SESSION - Couneil Chamber - 6:00 PM A. CALL TO ORDER - Mayor IVMeyera E. Oberndorf B. INVOCATION: Reverend Constance Lew Associate Pastor Union Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS - November 59 2002 G. AGENDA FOR FORMAL SESSION 2 'S OF OUR 1400 4P CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING I . Conveyance of City's Utility Easements - Indian River Road and Lila Lane THE BEACON Sunday, November 3, 2002 PUBLIC HEARING CONVEYANCE OF APPROX._200 SQUARE FEET OF - PERMANENT UTILITY EASEMENT (5'X 40') LOCATED ON CITY OWNED PROPERTY OFF INDIAN RIVER ROAD AND LILA LANE The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed conveyance of approximately 200 square feet of a perma- nent utility easement (5' X 40') located on City -owned property off Indian River Road and Lila Lane. in Virginia Beach, Virginia, on Tues- day, November 12, 2002 at 6.00 p.m., in the Virginia Bea& City Council Chamber (Building #1 at the Virginia Beach Municipal Center). The purpose of this Hearing will be to obtain public comment on the City's proposal to convey the approximately 200 square feet of perma- nent utility easement (5' X 40'�to the Virginia Electric and Power Com- pany for the extension of electrical power to an adjacent property known as 5337 Indian River Road. Any questions concerning this matter should be directed to the Department of Public Works/Office of Real Estate, Room 392, Build- ing #2, in the Virginia Beach Municipal Center. The Real Estate Office telephone number :s 427-4161. �} Ruth Hodges Smith, MMC City Clerk I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: 1. Tax revisions: a. Receipt and collection of meal taxes b. Admission and lodging taxes C. New penalty and interest provisions for these taxes 2. § 6-8 re the use of wheeled devices with a wheel diameter of less than twelve (12) inches on any dune cross-over timber walkways located at beach accesses between 59th and 89h Streets. 3. ADD § 21-321.2 re maximum speed limits within designated neighborhoods (traffic calming): • Milburn Manor: Davis Street • Lake James: Lake James Drive • Larkspur: Edwin Drive from Princess Anne Road to Independt Blvd. 2. Ordinance to AUTHORIZE the City Manager to convey of a permanent utility easement on City -owned property, known as Indian River CITGO, to VIRGINIA. ELECTRIC AND POWER COMPANY [VEPCO]; and, execute the necessary Easement Agreement 3. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned properties: a.. Sandbridge Shores by JULIO and EBBIE CABRAL: construct a new pier and access to replace a deteriorated structure at 2864 Bluebill Drive (DISTRICT 7 - PRINCESS ANNE) b. Back Bay Meadows by JOHN E. and AUDREY D. SETTLE: construct and maintain a wharf at 2957 Sand Bend Road. (DISTRICT 7 - PRINCESS ANNE) 4. Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the PEMBROKE MANOR storm water upgrade at Independence Boulevard and Jeanne Street by agreement or condemnation. 5. Ordinance to AUTHORIZE the Memorandum of Understanding and Operating Agreement between the City and VIRGINIA MUSEUM of MARINE SCIENCE FOUNDATION 6. Resolution to ESTABLISH the City Council's relationship with VIRGINIA BEACH COMMUNITY DEVELOPMENT AUTHORITY (VBCDC). 7. Ordinance to AUTHORIZE a third supplement to the Development and Post -Closing Escrow Agreements ("the Supplemental Documents") for the Town Center project. 8. Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School Reversion Funds: a. $8.8 -Million: FY 2002-2003 School Capital Budget 1. $3,0001,000 Telecommunication Infrastructure Replacement 2. $29000,000 Instructional Technology 3. $39,2009000 Equipment and Vehicle Replacement 4. $ 400,000 Student Data Management System 5. $ 200,000 Landstown High School/Princess Anne Road Pedestrian Bridge b. $1,597,000: Instructional Category L. $1,440,000 SOL Incentive Program 2. $ 1975000 Athletic equipment 9. Ordinance to APPROPRIATE a grant of $15,000 from the of FRANCIS LAND HOUSE TRUST FUND to FY 2002-2003 operating budget of the Department of Museums and Cultural Arts re support for programs, events, exhibits and general operating expenses the Francis Land House and Adam Thoroughgood House. V i n.cc T Vim? t� $b s OF OUR T1 AS���S CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance To Amend The City Code By Revising Provisions Related To Receipt And Collection On Meals, Admission And Lodging Taxes And Adding New Penalty And Interest Provisions MEETING DATE: November 12, 2402 Background: The City of Virginia Beach levies a tax on purchases of admissions, meals and lodging. The taxes generated annually are, respectively, $2,910,685 for admissions, $28,678,646 for meals and $12,734,637 for lodging. Merchants collect these taxes on behalf of the City, then remit them, along with reports of taxes collected, to the City. By longstanding practice, all the reports and remittances for these taxes are received by the Commissioner of the Revenue, despite the fact that the City Code actually calls for meals and lodging tax reports and remittances to be delivered to the Treasurer. (The City Code does provide that admission tax reports and remittances go to the Commissioner of the Revenue.) Considerations: The proposed revisions provide that reports and payments for taxes collected on the sales of admissions, meals and lodging will go to the Commissioner of the Revenue, who will deliver payments promptly to the Treasurer. The provisions relating to penalties for late reports or remittances are updated, while new provisions for interest on unpaid remittances are added. Several changes are proposed to address the problem of businesses that fail to report and remit these taxes to the City. The chapters addressing admission and lodging taxes have sections added to provide for criminal and civil penalties (the City Code already contains such provisions for the failure to report or remit meal taxes). Furthermore, the Commissioner would be expressly authorized to revoke the business license of businesses that refuse to remit such taxes, as well as being permitted to require a bond to secure payment from businesses with poor payment histories. These changes, along with new provisions for collection action by the Treasurer and new requirements for reports on the status of delinquent accounts, should reduce the already small number of business that fail to report or remit these taxes. Also proposed are clear statements as to the duties of the Commissioner of the Revenue and the Treasurer in administering these taxes. The proposed changes should simplify and improve the process by which these taxes are assessed and collected. Recommendation: Approval Attachments: Ordinance Consideration requested by Recommended Action: Councilmembers Maddox, Schmidt? and Villanueva Submitting Department/Agency: Commissioner of the Revenue City Manager: F:1Data1ATY\Or•din\N ON CODEItrusteetax es.arf.wpd REQUESTED BY COUNCILMEMBERS MADDOX, SCHMIDT AND VILLANUEVA 1 AN ORDINANCE TO AMEND THE CITY CODE BY 2 REVISING PROVISIONS RELATED TO RECEIPT AND 3 COLLECTION ON MEALS, ADMISSION AND LODGING 4 TAXES AND ADDING NEW PENALTY AND INTEREST 5 PROVISIONS FOR THESE TAXES 6 7 SECTIONS AMENDED: §§ 35-140, 35-143, 35-144, 8 35-162, 35-163, 35-165, 35--166, 35-187, 35- 9 189, 35-191, AND 35-192 10 SECTIONS ADDED: §§ 35-145.1, 35-165.1, 35- 11 166.11 35-191.1, AND 35-192.1 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Sections 35-140, 35-143, 35-144, 35-162, 35-163, 35-165, 16 35-166, 35-187, 35-189, 35-191, and 35-192 of the City Code are 17 hereby amended and re -ordained, and Sections 35-145.1, 35-165.11 18 35-166.1, 35-191.1, and 35-192.1 are hereby added, to read as 19 follows: 20 ARTICLE VI. TAX ON PURCHASE OF PREPARED FOOD IN RBS.E.CU%0.6%Ad1%TS 21 . . . 22 Sec. 35-140. Reports and remittances generally. 23 The person collecting any tax as provided in section 35-139 24 shall make out a report, upon such forms and setting forth such 25 information as the commissioner of the revenue may prescribe and 26 require, showing the amount of meals charges collected and tax 27 required to be collected and shall sign and deliver such report to 28 the commissioner of the revenue with a remittance of 29 such tax. Such reports and remittances shall be made on or before 30 the twentieth day of each month, covering the amount of tax 31 collected during the preceding calendar month. All remittances of 32 taxes received by the commissioner of the revenue shall be 33 delivered to the treasurer by the _end of the next business day 34 following; provided, however, that all cash payments must be made 35 to the citv treasurer. The amount of each report and remittance 36 shall_ be recorded_ in a computer database accessible to the 37 commissioner and the treasurer in the performance of their official 38 duties. 39 COMMENT 40 The proposed Change codifies the existing practice of the Commissioner of the Revenue 41 receiving meal tax reports and remittances. The changes also provide that noncash payments be 42 promptly delivered to the Treasurer, and that cash payments be accepted only by the Treasurer. To 43 facilitate cooperation between the offices of the Commissioner and the Treasurer, a shared database 44 will be established. 45 . . . 46 Sec. 35-143. Penalty for late report or remittance; interest. 47 if any person, 48 49 50 this r 51 52 53 54 , 55 not to exceeci twent (25) percent ±n the aggregat, rVV-Lth et 56 . 57 (a) Any failure to report or remit the tax requ-ired to be 58 collected under this article before the due date set forth in this 59 article shall result in a penalty of ten percent (100) of the tax 60 due or assessable on the return or ten dollars 10.00), -whichever 61 is—greater; provided, however, that thepenalty shall not exceed 62 the amount due. 63 (b) Interest at the rate of ten percent 100) per annum from 64 the first day followin the last da the taxes are due to be 65 remitted shall be _added to the overdue ,principal and Penalty 66 (c)_ All penalties and interest shall be calculated and 67 imposed by the treasurer, based on information supplied by the 68 commissioner of the revenue_.Penalty and interest for failure to 69 file a return or to pay a tax shall not be im osed if such failure 70 was not the fault of the tax a er or was the fault of the 71 commissioner of the revenue or the treasurer, asthe case may be 72 The treasurer shall make determinations of fault relatin 73 exclusively to failure to Pay a tax and the commissioner of the 2 74 revenue shall make determinations of fault relating exclusive) to 75 failure to file a return. 76 COMMENT 77 The existing penalty provision is revised to follow penalty provisions authorized by Virginia 78 Code § 58.1-3916 (penalty of 10% of the tax due or $10, whichever is greater) for businesses that fail 79 to file returns or remit the tax due. Additionally, it is proposed that interest be charged on delinquent 80 accounts. 81 Sec. 35-144. Procedure upon failure to collect, report, etc. 82 (a) If any person, whose duty it is so to do, shall fail or 83 refuse to collect the tax imposed under this article arra or to 84 make, within the time provided in this article, the reports and 85 remittances mentioned in this article, the commissioner of the 86 revenue shall obtain 87 facts and information on wh±ch __ bas_ ____ and prepare and transmit 88 to the treasurer an estimate of the tax due within ten (10) days 89 from the date the report or remittance was originally. due. 90 as tile ' 91 CX00 he is able to obtain 92 93 refused to coiiect such tax and to make nuch report and rem±ttanceT 94 95 96 such person, by certif±ed 97 and the 98 n_ tai a_.._ ___ the r-ecf—. This estimated assessment shall be payable, 99 along with penalty and interest, within ten five (ie) (5 ) days from 100 the date rrf- such notice is mailed by -the treasurer. 101 (b) If any person collects and reports the tax imposed by 102 this article for any month, but fail.s�to remit the taxes paid, the 103 commissioner of the revenue shall, by the end of the next business 104 day after the report is received, provide an assessment created 105 from the re ort to the treasurer for collection. 106 (hc) (i) It shall be the duty of the commissioner of the 107 revenue to ascertain the name of every person 3 108 operating a food establishment in the city, liable 149 for the collection of the tax levied by this 110 article, who fails, refuses or neglects to collect 111 such tax or to make, within the time provided by 112 this article, the reports or remittances required 113 by this article. The commissioner of the revenue 114 may apply for the issuance of a warrant or summons 115 for such person as provided by law. 116(ii) On the last day of„each month..,- the commissioner of 117 the revenue shall prepare a report listing all food 118 establishments delinquent in reporting and 119 remitting meal taxes and deliver it to the 120 treasurer this report shall detail all amounts due 121 for each food establishment, including estimated 122 amounts.. At the same time, a copy of this report, 123 with the amounts of individual delinquencies 124 redacted, shall _ be ^provided to the city's chief 125 financial officer. 126 In any case in which a meal tax report or 127 remittance is more than thirt 30 davs overdue 128 the commissioner of the revenue may initiate 129 proceedings to revoke the business license, in the 130 manner -Provided .by City Code § 18-S-1, of the food 131 establishment required to. collect the tax imposed 132 by this article. 133 ii In any case in which anv food establishment has 134 been more than thirty(30) days. delinquent in 135 XeDorting or remitting meal taxes on more than one 136 �1) occasion in any twelve (12 ) month period,. the 137 commissioner_ of the revenue shall require the _food 138 establishment to orovide, a.. bond _with.. corporate 139 surety to ensure the, remittance of all taxes 140 collected under this article._ Such bond, including 4 141 corporate surety thereon, shall be in a form 142 satisfactory to the city_ attorney. The bond shall 143 be in an amount equal to the _taxes collected by the 144 business . during its highest three, -(3) months of 145 operation. _ The _bond shall be re� ed .until the 146 food establishment has reported and remitted .,all 147 meal taxes in compliance this article for twenty 148 four (24) consecutive months. _If _ any food 149 establishment fails to post such a bond or keep it 150 in effect, the commissioner of the revenue shall 151 begin proceedings to revoke the business license of 152 the food establishment in the manner provided„ by 153 city code §_18-5.1._ 154 COMMENT 155 The changes in this section require the Commissioner of the Revenue to provide the Treasurer 156 with assessments to collect when businesses fail to file tax reports. Reports about delinquent accounts 157 will also be provided to the Treasurer and the City's Chief Financial Officer. The Commissioner is 158 also specifically authorized to revoke the business license of persons who fail to report and remit meal 159 taxes. The Attorney General has opined that revocation of a business license is an implied power in 160 enforcing local tax laws. 1982-83 Report of the Attorney General 607. 161 162 A bond requirement for businesses with bad payment records is established. Virginia Code 163 § 15,2-1125 authorizes localities to require bonds to ensure compliance with local ordinance 164 requirements; the Attorney General has also ruled that bond requirements are a reasonable method 165 to ensure collection of taxes. 1982--83 Report of the Attorney General 607. 166 . . . 167 Sec. 35-145.1, Duties of commissioner of the revenue and cit 168 treasurer. 169 The commissioner of the revenue shall be char ed with 170 auditing the reports required by this article, ensuring that food 171 establishments are registered .to collect the tax imposed and levied 172 by this article, and -responding to questions from citizens and food 173 establishments concerning the administration of the taxes levied. 174 (b) The city treasurer shall be _charged with the _collection 175 of the taxes imposed and levied by this article, after receiving 176 notice from the commissioner of the revenue as provided by sections 177 35-144 (a) and (b) that such taxes are delinquent and shall cause 5 178 the same to be paid into the general treasury of the city. Upon 179 the receipt of any payment of the tax levied under this article 180 the treasurer shall immediately notify_ the commissioner of the 181 revenue. 182 COMMENT 183 The amendments to this section establish specific duties of the Commissioner of the Revenue 184 and the Treasurer. The Commissioner has the responsibility of receiving tax reports and payments, 185 as well as auditing businesses and ensuring that the taxes are being paid correctly. The Treasurer is 186 responsible for collecting delinquent taxes, once notified by the Commissioner, and reporting to the 187 Commissioner about payments received. 188 . . . 189 ARTICLE VII. TAX ON TRANSIENTS OBTAINING LODGING 190 . . . 191 Sec. 35-162. Reports and remittances generally. 192 The person collecting any tax as provided in section 35-161 193 shall make out a report thereof, upon such forms and setting forth 194 such information as the commissioner of the revenue may prescribe 195 and require, showing the amount of lodging charges collected and 196 the tax required to be collected and shall sign and deliver such 197 report to the commissioner of the revenue with a 198 remittance of such tax. Such reports and remittances shall be made 199 on or before the twentieth day of each month covering the amount of 200 tax collected during the preceding calendar month. All remittances 201 received b the commissioner of the revenue shall be delivered to 202 the treasurer by the end of the next business .day_ followinct= 203 provided, however,, that all cash payments must be, made to the city_ 204 treasurer. The amount of each report and remittance shall be 205 recorded in a computer database accessible to the commissioner and 206 the treasurer in the performance of their official duties. 207 COMMENT 208 The proposed change codifies the existing practice of the Commissioner of the Revenue 209 receiving meal tax reports and remittances. The changes also provide that noncash payments be 210 promptly delivered to the Treasurer, and that cash payments be accepted only by the Treasurer. 211 To facilitate cooperation between the offices of the Commissioner and the Treasurer, a shared 212 database will be established. 6 213 Sec. 35-163. Collector's records. 214 It shall be the duty of every person liable for the collection 215 and payment to the city of any tax imposed by this article to keep 215 and to preserve, for a period of five, such 217 suitable records as may be necessary to determine the amount of 218 such tax as he may have been responsible for collecting and paying 219 to the city. The commissioner of the revenue may inspect such 220 records at all reasonable times. 221 COMMENT 222 The time for maintaining records is extended to reflect that the taxes are collectible for five 223 (5) years. 224 225 Sec. 35-165. Penalty for late report or remittance o= false 226 interest. 227 228 refU-!-5q-_-; L%-11 -Lr--ILL-Lt to tile C—Elcy, treasurer bile tc;Lzl& tU be 229 ' 230 , the=e Sha±± be ;added t:0 Such tem 231 , 232 , 233 adclitioner± five(38) days or 234 . 235 236 . 237 238 ' 239 244 . 241 (a) Any failure to report or remit the tax required to be 242 collected under this article before the due date set forth in this 243 article shall result in a penalty of ten percent (10%) of the tax 244 due or assessable on the return or ten dollars ($10.04), whichever 7 245 is greater; _provided, however, that. the penalty__ shall not exceed 246 the amount due. 247 (b, ) Interest at the rate of ten percent 10�)per annum from 248 the first day following the .last^ day the taxes are due to be 249 remitted shall be added to the overdue rinci al and enalt . 250 ,c) All penalties and interest shall be calculated and 251 imposed by the treasurer, based, on information supplied by the 252 commissioner of the revenue. _Penalty and interest for failure to 253 file a return or to pay a tax shall not be imposed if such failure 254 was not the fault of the taxpayer, or was the fault of the 255 commissioner of the , revenue or the treasurer, as the case mater_ be. 256 The treasurer shall_ make determinations of fault relatinct 257 exclusive1v to failure to pay a tax and the commissioner of the 258 revenue shall make determinations of fault relating exclusively to 259 failure to file a return. 260 COMMENT 261 The existing penalty provision is revised to follow penalty provisions authorized by Virginia 262 Code § 58.1-3916 (penalty of 10% of the tax due or $10, whichever is greater) for businesses that fail 263 to file returns or remit the tax due. Additionally, it is proposed that interest be charged on delinquent 264 accounts. 265 266 267 268 Sec. 35-165.1. Penalty for willful failure to truthful) account for tax. (a) Any corporate, j2artnership or limited officer, who willfully fails to Pay, collect or pay, collect or liability com an truthfully account 269 for and pay over the tax im osed under this article or will 270 attemi2ts in any manner to evade or defeat any such tax or the 271 payment_ thereof, shall,. in addition to other penalties imposed by 272 law, be liable for a Penaltv of the amount of tax evaded or not 273 paid, collected or accounted for and paid over, to be assessed and 274 collected in the same manner as such taxes are assessed and 275 276 277 collected. �bj_ Any corporate or partnership officer as defined in this section or any othererson required to collect account for or 278 Ray over the tax imposed under this article who willful?v fails to 8 279 collect or truthfully account for or a over such tax or who 280 willfully evades or attempts. to evade such tax or the payment 281 thereof, shall in addition to any other Denalties imposed by law, 282 be guilty of a Class 1misdemeanor. 283 (c) The term _"corporate, partnership or limited liability 284 company officer's as used in this section means an officer or 285 employee of a corporation, or a_member or employee of a partnership 286 or member manager or em 10 ee of a limited liability company who 287 as such officer, employee, member or manager, is under a duty to 288 perform on behalf of the corporation or partnership the act in 289 respect of which the violation occurs and who (i) had actual 290 knowledge of the failure or attempt as set forth herein, and ( ii) 291 had authority to prevent such failure or attempt. 292 COMMENT 293 Specific civil and criminal penalties as authorized by Code of Virginia §§ 58.1-3906 and 3907, 294 are established for persons, including corporate officers, failing to report and remit lodging taxes. 295 Sec. 35-166. Procedure upon failure to collect, report, etc. 296 (a) If any person, whose duty it is so to do, shall fail or 297 refuse to collect the tax imposed under this article and or to 298 make, within the time provided in this article, the reports and 299 remittances mentioned in this article, the commissioner of the 300 revenue shall proceed in stich an he mety deem best obtain 301 facts and information on which to base h±s and prepare and transmit 302 to the treasurer an estimate of the tax due within ten -( 10)_ days 303 from the date the report or remittance was oriainally due. As so 304 345 306 307 308 309 310 311 11 312 This estimated. assessment shall be payable, 313 along with penalty and interest, within ten five, -(-18)- (5 ) days from 314 the date rr!E such notice is mailed by the treasurer. 315 Sh If an erson collects and reports the tax impose b 316 this article for any month, but fails to. remit the taxes paid,-_the 317 commissioner of the revenue shall by the end of the next business 318 day after the report is received-Ir.,rovide an assessment created 319 from the report to the treasurer for collection. 320 (inrc) i It shall be the duty of the commissioner of 321 the revenue to ascertain the name of every 322 person operating a e lodainct establishment in 323 the city, liable for the collection of the tax 324 levied by this article, who fails, refuses or 325 neglects to collect such tax or make, within the 325 time provided by this article, the reports or 327 remittances required in this article. The 328 commissioner of the revenue may have a summons or 329 warrant issued for such person in the manner 330 provided by law 331 332 ±aw and shaii make one return of the ori".3-h-ICHL 333 the genera± distr±ct 334 (iiA On the last day of each month the commissioner of 335 the revenue shall prepare a report listiiiq all 336 lodginQ establishments delin uent in reporting and 337 remitting lodgincf taxes and deliver it to the 338 treasurer • this-_rgL2ort shall detail all amounts due 339 for each lodaina establishment including estimated 340 amounts. At the same time a copy of this re ort 341 with the amounts of individual delinquencies 342 redacted shall be provided to the city's chief 343 financial officer. 10 344 (d) Lil In any case in which a _lodging_ tax report or 345 remittance . is more than thirty (30) . days 346 overdue, the commissioner of the revenue may 347 initiate proceedings to revoke the business 348 license, in the manner provided .by City, Code § 349 18`5.1, of the lodgincL glace_ required to 350 collect the tax imposed by this article. 351(ii) In any case_ in which any lodging place has 352 been more than thirty -(30) . days_ delinquent in 353 reporting_ or remitting lodging taxes on more 354 than one 1 occasion in any twelve 12 month 355 period, the commissioner of the revenue_ shall 356 require the lod_ ing- r)lace_ to provide a bond 357 with corporate surety to insure the remittance 358 of all taxes collected under this article. 359 Such bond, includingcorporate surety thereon, 360 shall be in a form satisfactory -to_ the city 361 attorney. The bond shall be in an amount 362 equal_ to the taxes collected by the business 363 during its hichest three (3) months of _ r 364 operation. The bond shall be required until 365 the lodging place has reported and remitted 366 all lodging taxes in compliance this article 367 for twenty four_ ( 24_) consecutive months. If 368 any__ lodgincrplace fails to post_ such a bond or 369 keep it in effect, the commissionerof the 370 revenue shall be_in proceedings to revoke the 371 business_ license_ of the lodgina Dlace in the 372 manner provided by city code § 18=5.1. 373 COMMENT 374 The changes in this section require the Commissioner of the Revenue to provide the Treasurer 375 with assessments to collect when businesses fail to file tax reports. Reports of delinquent accounts will 376 also be provided to the Treasurer and the City's Chief Financial Officer. It also specifically authorizes 3 77 the Commissioner to revoke the business license of persons who fail to report and remit lodging taxes. 378 Virginia Code § 15.2-1125 authorizes localities to require bonds to ensure compliance with local license 11 379 requirements. The Attorney General has opined that revocation of a business license is an implied 380 power in enforcing local tax laws. 1982-83 Report of the Attorney General 607. 381 A bond requirement for businesses with bad payment records is established. Virginia Code 382 § 15.2-1125 authorizes localities to require bonds to ensure compliance with local ordinance 383 requirements; the Attorney General has also ruled that bond requirements are a reasonable method 384 to ensure collection of taxes. 1982-83 Report of the Attorney General 607. 385 Sec . 35-166.1. Duties of commissioner _ of the revenue and city 386 treasurer. 387 The commissioner of the revenue shall be charged with 388 auditincr the reports required by this articles ensuring that 389 lodgincL laces are re istered to collect the tax irn- used and levied 390 by this article, and responding to questions from citizens and 391 lodcfing-Places concerning the administration of the taxes levied. 392 (b- The city treasurer _shall be charcedwith the collection 393 of the taxes imposed and levied by this article after receivin 394 notice , from the _commissioner of the revenue as provided by sections 395 35-166 , (a) and tbL that_such taxes are delinquent, and shall cause 396 the same to be paid into the general treasury of the city. Upon 397 the receipt of any payment of the tax levied, under this article, 398 the treasurer shall_ immediately notify the commissioner of the 399 revenue. 400 COMMENT 401 The amendments to this section establish specific duties of the Commissioner of the Revenue 402 and the Treasurer. The Commissioner has the responsibility of receiving tax reports and payments, 403 as well as auditing businesses and ensuring that the taxes are being paid correctly. The Treasurer is 404 responsible for collecting delinquent taxes, once notified by the Commissioner, and reporting to the 405 Commissioner about paymen�received. RlT-1 407 ARTICLE VIII. ADMISSIONS TAX 408 . . . 409 Sec. 35-187. Reports and remittances generally. 410 (a) The person collecting any tax as provided in section 411 35-186 shall make out a report, upon such forms and setting forth 412 such information as the commissioner of the revenue may prescribe 413 or require, showing the amount of admission charges collected, 414 and the tax from the 415 admission or purchases for which he is liable, and shall sign and 12 416 deliver such report to the commissioner of the revenue with a 4 1 T remittance of such tax. Such reports and remittances shall be made 418 on or before the twentieth day of each month covering the amount of 419 tax collected during the preceding calendar month. 420 (b) Any person operating any- place of amusement or 421 entertainment regularly throughout the year may, upon written 422 application to, and with the written consent of, the commissioner 423 of the revenue, make reports and remittances on a quarterly basis 424 in lieu of the monthly basis provided in subsection (a) of this 425 section. Such quarterly reports and remittances shall be made on 426 the twentieth day of April, July, October and January in each year 427 and shall cover the amounts collected during the three (3) months 428 immediately preceding the months in which reports and remittances 429 are required. 430 (c) If the remittance under this section is by check or money 431 order, such check or money order shad be payable to the city 432 treasurer. All remittances of taxes received by the commissioner 433 of the revenue shall be delivered to the city treasurer -by the end 434 of the next day followincx,• „Drovidedf however, ---that all cash 435 payments must be made to the city treasurer. The amount of each 436 report and remittance shall be recorded in a computer_ database 437 accessible to the commissioner and the treasurer in the performance 438 of their official duties. 439 COMMENT 440 This section already provides that the Commissioner of.the Revenue receive admissions tax 441 reports and remittances. The changes direct that noncash payments be promptly delivered to the 442 Treasurer, and that cash payments be accepted only by the Treasurer. To facilitate cooperation 443 between the offices of the Commissioner and the Treasurer, a shared database will be established. 444 445 Sec. 35-189. Collector's records. 446 It shall be the duty of every person liable for the collection 447 and payment to the city of any tax imposed by this article to keep 448 and to preserve, for a period of five 5 years, such 449 suitable records as may be necessary to determine the amount of 13 450 such tax he may have been responsible for collecting and paying to 451 the city. The commissioner of the revenue may inspect such records 452 at all reasonable times. 453 COMMENT 454 The time for maintaining records is extended to reflect that the taxes are collectible for five 455 years. 456 . . . 457 Sec. 35-191. Penalty for late report or remittance or false 458 return• interest. 459 464 , , 461bethe t 462 r there shc1±1 be assessed 463jLt-y of f±ve (5) percent of the tax due fur the fa±lnre to rei-rtit 464 ,CL 465 (511 pe-rcent tile tax Clae to be 466` 467 L , 468 . 469 -(ice 3---- 470 471 472 473 Any failure to report or remit the tax required to be 474 collected under this article before the due date set forth in this 475 article _shall result in a penalty of _ten percent -(10%) of the tax 476 due or assessable on the return or ten dollars ($10.00), whichever 477 is _ greater; provided, -however,. -that the penalty shall not exceed 478 the amount due. 479 (b) Interest at the rate of ten iDercent. C10%) per annum from 480 the first day following the last day the taxes are due to be 481 remitted shall be added to the overdue principal and penaltv. 482 (c) All penalties and interest shall be calculated and 483 imposed by the treasurer based on information sup lied by the 484 commissioner of the revenue. Penalty and interest for failure to 14 485 file a_ return or to may a tax shall not be imposed if such failure 486 was not the fault of the taxpayer, or was „ the fault Rof„ the 487 commissioner of the revenue or the treasurer, as the case may be. 488 The treasurer shall make determinations of fault relatin 489 exclusively to failure to pay_ a_ tax, and the commissioner of the 490 revenue shall make determinations of fault relating exclusively to 491 failure to file a return. 492 COMMENT 493 The existing penalty provision is revised to follow penalty provisions authorized by Virginia 494 Code § 58.1-3916 (penalty of 10% of the tax due or $10, whichever is greater) for businesses that fail 495 to file returns or remit the tax due. Additionally, it is proposed that interest be charged on delinquent 496 accounts. 497 498 Sec. 35-191.1. Penalt for willful failure to pay, collect or 499 truthfully account for tax. 540 (a) Any corporate, partnership or limited liability company 501 officer, who willfully fails to pay, collect, or truthfully account 502 for and pay over the tax imposed under this article, or will 503 attempts in anv manner to evade or defeat any such tax or the 504 payment thereof, shall in addition to other penalties imposed b 505 law, be liable for a penalty of the amount of tax evaded or not 506 paid, collected, or accounted for and paid over, to be assessed and 507 collected in the same manner as such taxes are assessed and 508 collected. 509 (b) Any corporate or _partnership officer as defined in this 510 section f or any other person required to collect, account for, or 511 pay over the tax imposed under this article, who willfully fails to 512 collect or truthfully account for or ay over such tax or who 513 willful,lyevades, or attempts to .evade such .tax or _ the payment 514 thereof, shall, in addition to any other penalties imposed by law, 515 be guilty of a Class 1 misdemeanor, 516 (c, The term "corporate, partnership or limited liability 517 company officer" as used in this section means an officer or 518 employee of a corporation, or a member or em to ee of a partnershi 519 or member, manager or employee of a limited_ liability_ company who., 15 520 as such officer, employee L member, _ or manager, is under a duty to 521 Derform on behalf of the corporation or partnershiD the act in 522 resipect of which the violation occurs and who i had actual 523 knowled e of the failure or attempt as set forth herein and(ii-) 524 had authority -to prevent such failure or attem t. 525 COMMENT 526 Specific civil and criminal penalties are established for persons, including corporate officers, 527 failing to report and remit admissions taxes. 528 529 Sec. 35-192. Procedure upon failure to collect, report, etc., 530 taxes. 531 (a) If any person, whose duty it is so to do, shall fail or 532 refuse to collect the tax imposed under this article and or to make, 533 within the time provided in this article, the =eports and 534 remittances mentioned in this article, the commissioner of the 535 revenue shall obtain 536 facts and information on which to basehis and prepare and transmit 537 to the treasurer an estimate of the tax due within ten (10) dans 538 from the date the report or remittance was originallydue . As so 539 540 ' 541 of any tax nycaj-,-Le by emy person who hets feti±ed or 542 543 544 ' 545 ' 546 547 t__!_____ This estimated assessment shall be payable_, along with 548 penalty_ and interest within ten five- 5) days from the date 549 rrf such notice is mailed b the treasurer. 550 (b) If any Person collects and reloorts the tax im osed b 551 this article for anv month but fails to remit the taxes aid the 552 commissioner of the revenue shall, by the end of the next business 16 553 day after the report is received,, provide an assessment created from 554 the report- to the treasurer for collection. 555 (!�c) It shall be the duty of the commissioner of the 556 revenue to ascertain the name of every person 557 operating a place of amusement or entertainment in 558 the city, liable for the collection of the tax 559 levied by this article, who fails, refuses or 560 neglects to collect such tax or to make, within the 561 time provided by this article, the reports or 562 remittances required by this article. The 563 commissioner of the revenue may apply for the 564 issuance of a warrant or summons for such person as 565 provided by law. 566(ii),On the last dam each month, the_ commissioner of 567 the revenue shall prepare a report listing all 568 places of amusement or entertainment delinquentin 569 reportina and remitting admissions taxes and 570 deliver it to the treasurer; this report shall 571 detail all amounts due for each place of amusement 572 or entertainment includina estimated amounts. At 573 the same _ time, a copy of this report, _ with the 574 amounts of individual delincfuencies redacted shall 575 be iorovided to the cit 's chief financial officer. 576 (dd) (i) In any case in which an admissions tax report or 577 remittance is more than thirty (30) days overdue, 578 the commissioner of the revenue may initiate 579 proceedings to revoke the business license, in the 580 manner provided by City Code § 18-5.1, of the place 581 of amusement or entertainment required to collect 582 the tax imposed by this article. 583 (ii) In any case in which any amusement or entertainment 584 business has been more than thirty (30) days 585 delinquent in reporting or remitting admissions 17 586 taxes on more than one (1) occasion in any twelve 587 (12) month period, the commissioner of the revenue Soo shall require the food establishment to provide a 589 bond with corporate surety to ensure the remittance 590 of all taxes collected under this article. Such 591 bond, including corporate surety thereon, shall be 592 in a form satisfactory to the city attorney. The 593 bond shall be in an amount equal to the taxes 594 collected by the business during its highest three 595 (3) months of operation. The bond shall be 596 required until the amusement or entertainment 597 business has reported and remitted all admission 598 taxes in compliance this article for twenty four 599 (24) consecutive months. If any amusement or 600 entertainment business fails to post such a bond or 601 keep it in effect, the commissioner of the revenue 602 shall begin proceedings to revoke the business 603 license of the amusement or entertainment business 604 in the manner provided by city code § 18--5.1. 6 0 5 COMMENT 606 The changes in this section require the Commissioner of the Revenue to provide the Treasurer 607 with assessments to collect when businesses fail to file tax reports. Reports of delinquent accounts will 608 also be provided to the Treasurer and the City's Chief Financial Officer. It also specifically authorizes 609 the Commissioner to revoke the business license of persons who fail to report and remit admission 610 taxes. Virginia Code § 15.2-1125 authorizes localities to require bonds to ensure compliance with local 611 license requirements. The Attorney General has opined that revocation of a business license is an 612 implied power in enforcing local tax laws. 1.982-83 Report of the Attorney General 607. 613 A bond requirement for businesses with bad payment records is established. Virginia Code 614 § 15.2-1125 authorizes localities to require bonds to ensure compliance with local ordinance 615 requirements; the Attorney General has also ruled that bond requirements are a reasonable method '616 to ensure collection of taxes. 1982-83 Report of the Attorney General 607. A bond requirement for 617 business with bad payment records is established. 618 619 Sec. 35-192.1. Duties of commissioner of the revenue and cit 620 treasurer. 621 (a) The commissioner of the revenue shall be charged with 622 auditing the reports required_by this article,_ ensuring that places 623 of amusement or entertainment are re istered to collect the tax 624 imposed and levied by this article and res ondina to questions f rom 18 625 citizens and places of amusement or entertainment concerning the 626 627 628 administration of the taxes levied. The city treasurer shall of the taxes imposed and levied by becharged-with.. the collection this article. -after -receiving 629 notice from the commissioner of the revenue as by sections 630 35-192_(a) and (b) that such taxes -provided are -delinquent, and shall cause 631 the _same to be paid into the _ general treasury of the city. Upon the 632 receipt of any _payment of - the tax levied under this article, the 633 treasurer shall_ immediatelynotfy the commissioner -of the revenue. 634 COMMENT 635 The amendments to this section establish specific duties of the Commissioner of the Revenue 636 and the Treasurer. The Commissioner has the responsibility of receiving tax reports and payments, 637 as well as auditing businesses and ensuring that the taxes are being paid correctly. The Treasurer is 638 responsible for collecting delinquent taxes, once notified by the Commissioner, and reporting to the 639 Commissioner about payments received. 640 Adopted by the City Council of the City of Virginia Beach, 641 Virginia, on this day of Jr 2002. 642 643 CA -8553 644 DATA/ORDIN/PROPOSED/35-140-191ordalt.wpd R10 - October 28, 2002 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: i Commissioner of the Revenue Law Depar Ot 19 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: ordinance pertaining to the prohibition of skateboards and similar devices on the dune cross-over walkways in the North End MEETING DATE: November 12, 2002 Background: Recently, the Army Corps of Engineers completed twenty-nine (29) dune cross-over timber walkways as part of the Beach Erosion Control and Hurricane Protection Project. The walkways are constructed at the beach accesses between 59" Street and 89th Street. Like the boardwalk and other parts of the Oceanfront, the cross-over walkways attract persons using skateboards and similar devices which, in turn, create an unsafe situation for pedestrians and pose a risk to damaging public improvements. Although the walkways have only been in service for a few months, City staff has received numerous requests from the area residents to enact a skate boa rd/scooter prohibition. Considerations: Maintaining the safety for pedestrians using the timber walkways is a compelling reason to prohibit skateboard/scooter use. Skateboarders use the slope of the walkways as ramps for acceleration areas; the same eight (8) foot wide elevated walkway being used by pedestrians. Another consideration is the maintenance and damage control aspect of the walkways. The hard wheels of a skate boardlscooter not only create streak marks on the surface, but also cause structural damage when riding or jumping onto the benches, railings, and edge treatments. Public Information: Although the Beach Erosion Control and Hurricane Protection Project has been a topic of numerous public presentations and forums, the topic of skateboarding on the dune cross-over walkways has not yet been introduced for public input. The advertisement for consideration of this ordinance will provide public notice. Alternatives: The alternative of not enacting the prohibition may necessitate some other form of traffic control, such as speed bumps, and consideration of `skateboard -proofing' measures for exposed edges. Recommendations: Adopt the ordinance which makes it unlawful at any time for any person to use all recreational modes of transportation with a wheel diameter of less than twelve (12) inches on the dune cross-over walkways in the North End. Attachments: Proposed Ordinance Recommended Action: f Submitting Department/Agency:I orks/Oce of Beach Management City Manage 1L `` 1 AN ORDINANCE TO ADD SECTION 6-8 TO THE 2 VIRGINIA BEACH CODE PERTAINING TO USE OF 3 WHEELED DEVICES WITH A WHEEL DIAMETER OF LESS 4 THAN TWELVE (12) INCHES ON DUNE CROSS -OVERS 5 6 SECTION ADDED: 6-8 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 That Section 6-8 of the Code of the City of Virginia Beach, 10 Virginia, is hereby added to read as follows: 11 12 Sec. 6-8. Use of wheeled devices with a wheel diameter of less than 13 twelve 12 inches on dune cross -overs. - 14 �a ) It shall be unlawful at any time for anV person to use 15 an wheeled device with a wheel diameter of less than twelve 12 16 inches on any of the dune cross-over timber walkways located at the 17 beach accesses between 59th Street and 89" Street. 18 ,.(b)- The -provisions of this section shall not be applicable to 19 the use of wheelchairs for the transportation of disabled persons, 24 the use of baby carriages, strollers or related modes of 21 transportation for infants, or wagons or other cart -like devices. 22 COMMENT 23 This ordinance will prohibit the use of roller skates, roller blades, skateboards, scooters and 24 other like devices on the timber dune cross-over walkways located between 59`b and 89" Streets. These 25 prohibitions provide for public safety and curtail damage requiring additional maintenance efforts. 26 The use of wheelchairs, baby carriages and wagons are permitted on these crass -overs. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the day of , 2002. CA -8575 ORDIN\PROPOSED\06-008ord.wpd R1 - October 23, 2002 APPR ED AS TO ONTENT: Pub is o ks APPROVED AS TO CONTENT: 4��ZPoli Depart nt APPROVED AS TO LEGAL 4;tE4Y:*sf ce CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Amendment to City Code Section 21-321.2 Pertaining to Maximum Speed Limits in Designated Neighborhoods. MEETING DATE: November 12, 2002 Background: On February 13, 2001, an ordinance was passed to deter speeding on residential streets identified and qualified by the Traffic Calming Program. That ordinance allows a court to impose upon a driver convicted of speeding on these designated streets a fine up to $200. Considerations: Pursuant to § 46.2-878.2 of the Code of Virginia, the City of Virginia Beach can designate streets with speeding problems by ordinance, and provide that the fine for a speeding violation on such streets is not prepayable. Consequently, any person charged with speeding on any such street must appear before and be sentenced by the court. The Traffic Calming Program has the following components. Phase i is aimed at awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents choose the streets to be evaluated for inclusion in the program. Phase 11 consists of speed studies of the chosen streets. If the studies shows an 85 Percentile speed of at least 33 mph, or an average speed of at least 29 mph, in a posted 25 mph speed zone, then the Police Department conducts a series of selective enforcement on the designated streets, followed by follow-up traffic studies at the end of each enforcement cycle. If the speeds persist or increase, the streets will be eligible to enter Phase Ill of the program if at least 75% of the established neighborhood petition area sign a petition requesting the implementation of Phase 111. Phase 111 of the Program involves designated streets within a neighborhood being identified in the above -referenced ordinance, therefore subjecting violators to a non -prepayable fine up to $200.00. And finally, should this initiative fail, the neighborhood may request Phase IV, the installation of physical devices to prevent speeding. After advising all participating neighborhoods of the Program policies and the criteria for inclusion in the Program, the streets added by this amendment have qualified for inclusion in the Program. Lake James, Milburn Manor, and Larkspur have all submitted a petition showing at least 75% agreement from the established petition area. Recommendations: It is recommended that the attached ordinance amendment, which adds new streets in Lake James, Milburn Manor, and Larkspur to the street listing in § 21-321.2, be adopted. All of these streets were identified through the Traffic Calming Program. Public Information: This ordinance will be advertised in the same manner as other Council agenda items. Attachments: Ordinance Map Recommended Action: Approval Submitting D rtmentlA e : Po nc lice/Public VII City Manager: gy'i L� U OAEAuyang-321.2.Agend.allovI2.wpd 1 AN ORDINANCE TO ADD A NEW SECTION 2 TO THE CITY CODE PERTAINING TO 3 MAXIMUM SPEED LIMITS IN DESIGNATED 4 NEIGHBORHOODS 5 SECTION ADDED: 21-321.2 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That the Code of the City of Virginia Beach, Virginia, is 9 hereby amended and reordained to read as follows: - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sec. 21321.2. Traffic Calming via Maximum speed limits in certain residential districts; penalty. Pursuant to section 46.2--878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a non -prepayable fine of not more than $200, in addition to other penalties provided by law: Effective as of February 12, 2001: 1. L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 2. Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. 3. Lake Shores: Jack Frost Road; Lake Shores Road. 4. Little Neck: Harris Road. Effective as of August 14, 2001: 1. Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, 32 Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm 33 Road. 34 2. Brighton on the Bay: Templeton Lane; Wivenhoe inlay; 3S Starr Way. 36 3. Baylake Pines/Baylake Beach: Ben Gunn Road; Indian 37 Hill Road; Baylake Road; Rampart Avenue; Bayville Road; 38 Lookout Road; Sandy Bay Drive. 39 4. Country Haven: Stewart Drive. 40 41 Effective as of April 9, 2002: 42 1. Fairfield: Lord Dunmore Drive. 43 2. Bellamy Manor: Homestead Drive. 44 Effective as of May 28, 2402: 45 1. Church Point: Church Point Road; Church Point 46 Place; Timber Ridge Drive. 47 Effective as of October 8, 2002: 48 1. Stratford Chase: Stratford Chase Drive; Minden 49 Road; Violet Bank; Kittery Drive. 50 2. Bayville Park: Greenwell Road (From Shore Drive to 51 First Court Road). 52 Effective as of November 12,_ 2002: 53 1. Milburn Manor: Davis Street 54 2. Lake James: Lake James Drive 55 3. Larkspur: Edwin Drive from Princess Anne Road to 56 Independence Blvd. 57 Commnen t s : 58 The streets indicated under the heading "Effective as 59 of November 12, 2002" will become part of the Traffic Calming 60 Program, Drivers caught speeding on those designated streets can 61 be fined up to $200.00. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia,- on the day of 2002. 2 64 CA8639 65 O:\EAuyang\Ordinance Oct22.wpd 66 R6 67 APPROVED AS TO CONTENT: 6s 69 70 Police Department 71 APPROVED AS TO CONTENT: 72 -�&/ (� � 73 Public Works 3 APPROVED AS TO LEGAL SUFFICIENCY: Ckto-'z)qey f f i c e�� Neighborhoods Participating in Phase III of the Traffic Calming Program, Ordinance 2619 Bayville Park, , \L.---,S �a lake Pinesl.Y .Lake Shores : r.,�..s = .• tc'i: '.:., •'�. '•�:y-' :-x. :•.;. �a3.�,. .,.r_' !` .,, i r 1 •Lr Ba lake Beach i..i'_ .�r;J11r y'S--�14.��:+i �'�:'.,'•''I xF .�f {. 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Spore, City Manager ITEM: Ordinance Authorizing the City Manager to Convey a 200 Square Foot Utility Easement to Virginia Electric and Power Company Over City -Owned Property Located Off Indian River Road and Lila Lane MEETING DATE: November 12, 2002 Background: The City obtained a forty (40) foot by forty (40) foot site (approximately 0.037 acres) by dedication in 1981, for establishment of a sanitary sewer pump station. In 1935, Virginia Electric and Power Company (the "Company") introduced a three-phase power facility to the City site. Sanitary sewer service was brought into the area from another location. However, the dedicated pump station site was never improved or utilized for any public purpose. There are no current plans to utilize this site. Considerations: The Company has requested a 200 square foot (5' by 40')nonexclusive utility easement along the eastern side of the City site to provide electrical power to an adjacent parcel located at 5337 Indian River Road and known as the Indian River CITGO. Company representatives advised City Staff that it would not be feasible to bring the service from any other location. The Indian River CITGO cannot operate its car wash without power from the three-phase power facility. City Staff has reviewed the request, and has determined that the granting of the easement is appropriate and will not be detrimental to the City site or adjacent properties. Public Information: Advertisement for a public hearing as required by § 15.2-1800 of the Code of Virginia and advertisement of City Council Agenda. Alternatives: Approve the ordinance or deny the request. Recommendations: Approve the Ordinance authorizing the City Manager to convey the easement in accordance with the terms of the attached easement agreement. Attachments: Ordinance, Easement Agreement; Proposed Easement Plat (Exhibit A), Construction Plat (Exhibit B), Pictures & Location Map Recommended Action: Approve Submitting Department/ ency: Public Works` City Manager �� 15Ny,L REQUESTED BY COUNCILMEMBER EURE ORDINANCE AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY A 200 SQUARE FOOT UTILITY EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY 1 WHEREAS, the City of Virginia Beach (the "City") is the owner of a certain parcel 2 of real property located off Indian River Road and Lila Lane in the City of Virginia Beach, 3 Virginia, designated as GPIN 1465-28-9376 and containing approximately 0.037 acres (the 4 "Property") as shown on Map Book 152, at page 54; 5 WHEREAS, Virginia Electric and Power Company (the "Company") installed a three - 6 phase power facility (the "Facility") upon the Property on or before July, 1985 to provide 7 electrical power to the Property and adjacent properties; 8 WHEREAS, the Company desires to provide electrical power from the Facility to a 9 parcel of real property adjacent to the Property designated as Parcel B GPIN 1465-28- 10 9458, located on 5337 Indian River Road, and more commonly known as the" Indian River 11 CITGO 13 ; 12 WHEREAS, in order to provide electrical power from the Facility to the Indian River 13 CITGO, the Company must obtain a 5' by 40' utility easement (200 square feet)("the 14 Easement") from the City; and 15 WHEREAS, City staff has determined that the conveyance of the Easement is 16 appropriate, will not be detrimental to the City's future use of the Property, and will alleviate 17 an undue hardship upon the owner of the Indian River CITGO. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That the City Manager is authorized to convey to Virginia Electric and Power 21 Company a 200 square foot utility easement 5 feet in width and 40 feet in length in 22 accordance with Easement Agreement attached hereto. 23 This ordinance shall be effective from the date of its adoption. 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 25 .2002. 26 CA- 8614 27 PREPARED: 10123102 28 Approved as to Content 29 �'•r 30 partment of Public Works Approved as to Legal Sufficiency City Attorney Prepared by. VIRGINIA ELECTRIC AND POWER COMPANY THIS AGREEMENT, made this a�ay oflo 2 between THE CITY OF VIRGINIA BEACH, a Virginia municipal corporation, hereinafter called "Owner". GRANTOR, and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia Corporation, hereinafter called "Company", GRANTEE. WITNESSETH: That for the sum of One Dollar ($1.00), and other valuable considerations, the receipt whereof is hereby acknowledged, Owner grants unto Company and its successors, the perpetual right, privilege and easement of right of way five (5) feet in width by forty (40) feet in length, approximately 200 square feet in area, to lay, construct, operate and maintain one or more lines of underground conduits and cables, as Company may from time to time deem expedient or advisable, located on the right of way hereinafter described, for the purpose of transmitting and distributing electric power by one or more circuits; together with all wires, conduits, cables, transformers, transformer enclosures, concrete pads, manholes handholes, connection boxes, ground connections meters, attachments, equipment, accessories and appurtenances desirable in connection therewith (hereinafter referred to as "facilities"), over, under, across and through certain lands of Owner situated in The City of Virginia Beach, Virginia, as shown on plat number 25-02- 0176 showing a five (5) feet in width by forty (40) feet in length, approximately 200 square feet in area, easement to be acquired by Dominion Virginia Power from the City of Virginia Beach. This easement ties into R/W 39227 (copy attached). Owner also grants unto Company and its successors, the perpetual right, privilege and easement of right of way five (5) feet in width and forty (40) feet in length, approximately 200 square feet in area, to construct, operate and maintain a pole line for transmitting and distributing electric power, including all wires, poles, attachments, ground connections, equipment, accessories and appurtenances desirable in connection therewith (hereinafter referred to as "facilities"), and including all telephone wires, over, upon and across the land of Owner situated in the City of Virginia Beach, Virginia, as shown on plat number 25-02-0176, hereto attached and made a part of this agreement; the location of the boundary lines of said right of way being shown in broken lines on said plat. The facilities erected hereunder shall remain the property of Company. Company shall have the right to inspect, rebuild, remove, repair, improve, relocate on the right of way described above, and make such changes, alterations, substitutions, additions to or extensions of its facilities as Company may from time to time deem advisable. Company shall at all times have the right to keep the right of way clear of all buildings, structures and other obstructions (except fences), trees, roots and undergrowth. Company shall promptly remove from the right of way any trash or debris resulting from the exercise of the rights hereby granted. All trees and limbs cut by Company at any time shall remain the property of Owner. GPIN 1.65-28-9376 For the purpose of constructing, inspecting, maintaining or operating its facilities, Company shall have the right of ingress to and egress from the right of way over the lands of Owner. Company shall exercise such right in such manner as shall occasion the least practicable damage and inconvenience to Owner. Company shall repair damage to roads, fences or other improvements and shall pay for all other damage when such damage results from the construction, inspection or maintenance of Company's facilities, provided Owner gives written notice thereof to Company within sixty (60) days after such damage occurs. Owner, its successors and assigns, may use the right of way for any purpose not inconsistent with rights hereby granted, provided such use does not .interfere with or endanger the construction, operation and maintenance of Company's facilities and provided that not buildings, structures, or other obstructions (except fences) may be r constructed on the right of way. It is further understood and agreed between the parties that: The rights granted herein to Company are non-exclusive and Owner shall at all times have the right to make or grant such other use of the easement area as shall not be inconsistent with the exercise by Company of the rights and privileges granted to it hereunder. + The easement hereby granted is subject to existing rights, if any, of third persons to the extent that such rights are of record so as to constitute constructive notice to Company. If Company shall discontinue the use of the easement area all rights granted hereby shall cease and terminate, and upon demand of Owner, Company will at its cost and expense remove its facilities from the easement area and restore the land to substantially the condition in which it was at the time when the easement was granted. Upon demand by Owner, and upon the granting to Company of an equivalent right of way in a reasonably practicable location, Company will, at its own expense, relocate its facilities upon such right of way, whereupon all rights hereby granted in respect of the vacated portion of the right of way herein described shall cease and terminate. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. IN WITNESS WHEREOF, grantor has caused- its name to be signed hereto by its City Manager/Authorized Designee of the City Manager and its corporate seal to be affixed and attested by its _ _ _ _ ..�, as of the day and year first above written, and Grantee has caused its name to be signed. hereto by its Vice President/Authorized Designee of the Vice President, as of the day and year first above written. THE CITY OF VIRGINIA BEACH By: ATTEST: City Manager/Authorized Designee Of the City Manager VIRGINIA ELECTRIC AND POWER COMPANY By= Vice President/Authorized Designee of the Vice President STATE OF VIRGINIA City of Virginia Beach, to wit: I, , a Notary Public in and for the State of Virginia at Large, whose commission expires .. do hereby certify that _ and , whose names are signed to the foregoing writing dated the day of 20 . as City Manger/Authorized Designee of the City Manager and City Clerk, respectively, of The City of Virginia Beach, who are personally known to me or have shown proper identification to prove their identity, have acknowledged the same before me on this day of .� _ . 20 , in the City and State aforesaid. Notary u .,-APPROVED AS TO CONTENT APPROVED � !1 3 ('. fr ' .i�fi.�ur.0 S To SIGNATUSM LEGAL SUFFICIENCY kal, DEPARTMENT 3 AssOciate City At e Y STATE OF VIRGINIA City of oSo1, to wit: a Notuy Public in and for the State of Virginia at Large, whos comrmssion expires do hereby certify that YZ t*3 whose name is signed to the foregoing writing dated the day of 20-bQ, as Vice. President/Authorized Designee of the Vice President of Virginia Electric and Power Company, has acknowledged the same before me on this day of CVIA=QL- _ 20, in the City and State aforesaid. Notary Public PROPERTY OF: CITY OF VIRGINIA BEACH INITIALS: _-.- 5'W X 40' L 200 SQUARE FEET IN AREA TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH MB. 0171 P. 54 Legend - -- — -- -- Location of Boundary Lines of Right—of—Way 5' X 40' Page 5 of 5 Plot to Accompany Right—of—Way Agreement VIRGINIA ELECTRIC AND POWER CoNTANr doing business as Dominion Vireinia Power OH/UG UlsTrlct VA BEACH is ric — owns +p— orough Counl7y=uty State • KEMPSVILLE VA BEACH VA Office Plot Number VA BEACH 25-02--0176 Estimate Number Grid Number 5119548 N0714 Voltage: 208 Amps: 2Q0 Phase: 3 Drawn By: PROCH Phone No.: 671-3412 Est. Demand: 29 Voltage Drop: <3% Tax District: 23000 Miss "U": 552--7001 Fault Current: 10636 S.A. Flicker. Easement No.: 25-02-0176 Tele. Co.# Sponsor: Address: 5337 INDIAN RIVER RD. Tele. Eng: Phone No.: VA BEACH, VA Circuit: Map: N0714 Pole/Pad: SE05 Customer: CITGO TRS. f 395 F 25 Substation: THOMPSONS CRNR Work Request # 5119548 Date: 8/27/02 CITY -OWNED PROPERTY LOCATED OFF OF INDIAN RIVER ROAD AND LILA LANE 'u.�-•.:�MA �eii.4:l ~d~•`�;,5.:1,r; �t-.- :.�..: �+r�r - - •.r •- ,S y. _: Z •' �.. i-'>i''��'` .,.orf ti ' ,���' :«`'c4kt ,..•.' _ - � - ''�eyt(,r, i ^,� `.,�, ,.+ys '�:r, �•�+� •'t -: f: •: •:. ��`.r .� Y . 'YAJ w}e"r�:•.ax 4 �L •`�':xt.- .:r:;:-4 _ ,;};:J !u �•� ,irau.:' .r1�+ _ -'- _ . .. '�": r... ..�' '..�-•.Is` �.�. .. , See location map for direction of pictures Picture #1 View of City site facing northeast. Picture #2 View of City site facing northwest. PUMPOGN MJ.S, PREPARED BY F/vV ENG, CADD DEPT. OCTOBER 24, 20❑2 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager IT Encroachment Request for Julio Cabral and Debbie Cabral at 2864 Bluebill Drive MEET NG DAVE: November 12, 2002 Background: Julio and Debbie Cabral have applied for an encroachment to build a new pier and access to replace the old, deteriorated structure in Bass Inlet East, which is behind their house on Bluebill Dr. in Sandbridge Shores. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. There are other similar approved encroachments in this canal. Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. Recommendations. Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. Attachments: Ordinance Location Map Agreement with plat attached Photos rRecommended Action: Approve request and authorize City Manager to sign agreement. itting Department/Agency: Public Works/Real Estate <37 anage . PREPARED BY PJVI/ ENG. DRAM 01-AUG-2002 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-81 1 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 A THIS AGREEMENT made this day of '�' ` , .J 20 by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City",, Grantor, and -rU'rIO 0ABRAL and DEBBIE CABRAL. his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one) . W I T N E S S E T H: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 18, in Sandbridge Shores, Section 1A, South Area {M.B. 72, at Page 2}, and being further designated and described as 2864 Bluebill Drive, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a pier and access, a "Temporary Encroachment" in the C i ty 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 property known as Bass Inlet East, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 2433-34-1950 y •i i f ` NOW, THEREFORE, for and in consideration of the premises k F and of the benefits accruing or to accrue to the Grantee, and for f the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth 3 . 4 grant to the Grantee permission to use the Encroachment Area for r the purpose of constructing and maintaining a Temporary r Encroachment. r It is expressly understood and agreed that the Temporary E Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of ! L Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- t r: wit • r• i A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER IN NORTH BAY (SANDBRIDGE) VIRGINIA BEACH, VA. APPLICANT: JULIO CABRAL", Dated: 4/8/02, a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. i It is further expressly understood and agreed that the r• r� r Temporary Encroachment herein authorized shall terminate upon: .F notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be i removed from the Encroachment Area by the Grantee, and that the 3 Grantee will bear all costs and expenses of such removal. i_ f It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall 2 r be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by any one 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 Waterfront Operations Division of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront Opera; -i -ons Division or the r=unning Depart,nenr before 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 insurance, 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 3 limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted , may remove tree Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a 4 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, JULIO CABRAL and DEBBIE CABRAL, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals 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. I. (SEAL) ATTEST: 'I City Clerk 1 I l CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager SEAL) " Jul io Cabral ( SEAL) Debbie Cabral -APPROVED AS TO CONTENT t.Z�: rSIGNATURE 5 DEFAInMDO STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2 0 , by City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to --wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF nick CITY COUNTY OF [r to -wit: The foregoing instrument was acknowledged before me this da of U� Y , 2 0 by JULIO CABRAL and DEBBIE CABRAL, his wife. E4A'_�U�i/yr R60jGff1_C_K Notary Public My Commission Expires: 6 LOT 18 SANDBRIDGE SHORES f SECT. , 1-A SOUTH AREA 'MB 72, PG 2 PURPOSE: MOORINGS DATUM: MLw -0.4, APPLICANT: PROPOSED PIER JULIO CABRAL IN NORTH BAY A SANDBR I DGE) - 2864 SLUEBILLE DRIVE VIRGINIA BEACH,VA. PROPERTY OWNER VIRGINIA BEACHPVA. 25 456 APPLtCANT: JULIO CABRAL JULIO CABRAL 3037 LITTLE ISLAND RD AGENT: KEN THOMPSON 3705 BOS1Ist DRIVE SHEET 1 OF 2 lip CHESAPEAKE,YA.23321 M - EX -DETERIORATED PIERL (TO BE REMOVED E DISPOSED OF OFF SITE IN A LAWFUL MANNER) PROPOSED PIER -=r•.- o 6'wIDE X 24'LONG _ —FLOOD EBB - BASS INLET ( EAST) CANAL 75'wIDE S MLw� 5'SETBACK MLW'-ZO 4I OFF PL _;�-_ `cis``' S1a 43"E 100' r �� r r r r• .. w wry. a ��L_ . ��Yl�w•. ii • �.r r00. `�• -� -4 ..l.f•..• a'f` Y a]yWLWL`VV`,��(�f t TOPI-sw VICINITY MAP . EL. *3.8'+- � Ex.SLKD EL.t5.0' PROPOSED ACCESS PIER- S' WIDE X 8' LONG ��►' POOL (;Z L E SWER V r� No. I 05478ti STAIRS DECK ROFESS10�� . OVER r g a 2 -STORY FRAME ON PILING 1 p ul% W 0 ,•� � cm i t DECK OVER � � i "' �*�Cq' Y, �r t L; r o � •�•• 1635'TO NI0043'W � o i TUNA LANE 100.00, BLUEBILL DRIVE 50'Rw PLOT PLAN 1`=30' LOT 18 SANDBRIDGE SHORES 1� J! SECT. , 1-A SOUTH AREA 'MB 72, PG 2 PURPOSE: MOORINGS DATUM: MLw -0.4, APPLICANT: PROPOSED PIER JULIO CABRAL IN NORTH BAY A SANDBR I DGE) - 2864 SLUEBILLE DRIVE VIRGINIA BEACH,VA. PROPERTY OWNER VIRGINIA BEACHPVA. 25 456 APPLtCANT: JULIO CABRAL JULIO CABRAL 3037 LITTLE ISLAND RD AGENT: KEN THOMPSON 3705 BOS1Ist DRIVE SHEET 1 OF 2 VFRGtNIA BEACN,VA.23456 CHESAPEAKE,YA.23321 2864 Bluebill Dr. Looking North Shoves old pier (to be removed) and location of new pier wl access plus bulkhead on adjacent property 2864 Bluebill Dr. Looking South Shows old pier (to be removed) and location of new pier with access Plus piers on adjacent properties 1A. B�c� c� - CITY OF VIRGINIA BEACH AGENDA ITEM is 4 Gt OUR % tool► TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Encroachment request for John E. Settle, Jr. and Audrey D. Settle for replacement of wharf at 2957 Sand Bend Road MEETING DATE: November 12, 2002 Background: Mr. and Mrs. John Settle, Jr. applied for an encroachment into the City's waterway known as Mill Creek behind their property at 2957 Sand Bend Road in Sandbridge. They intend to replace an existing wooden wharf with a new wharf 12'x 246 . Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. There are other wharves along the same waterway as indicated by the attached photographs. Public Information: Advertisement of City Council Agenda Alternatives: Approve the encroachment as requested, denythe encroachment or add conditions as desired by Council. Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Attachments: Ordinance Agreement Plat Location Map Photographs Recommended Action: Approve Submitting DepartmentlAgenc :Public Worksgn City Manag �pti, 1 r+ I+ a PREPARED BY VIRGINIA BEACH r CITY ATTORNEY'S OFFICE 1 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 5 8.1- 811(c)(4) REI MBURSEMENT 1H AUTHORIZED UNDER SECTION 25-249 ' THIS AGREEMENT, made this day of , 20 , by and u, r between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", M1 ,1 and JOHN E. JR. and AUDREY D. SETTLE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "SEC 3 • LOT 75 • BACK BAY MEADOWS" and being further r. ! . .r designated and described as 2957 Sand Bend Road, Virginia Beach, Virginia 23456; i WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 24' i' a . replacement wharf, "Temporary Encroachment", in the City of Virginia Beach; '3 a WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing city's waterway known as North Bay Inlet "The Temporary Encroachment Area"; and 1 1: WHEREAS, the Grantee has requested that the City permit a Temporary : x Encroachment within The Encroachment Area. v .a r NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar (S 1.00), in hand b ,C paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee uj 1 permission to use The Encroachment Area for the purpose of constructing and maintaining the J 7 GPIN 2433-33-3019 i � a , a 'I 0 t . E i 5 rl 'I r �i 1 'I i4 t E' Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be h constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the g � City of Virginia Beach, and in accordance with the City's specifications and approval and is more ' � r .I d particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Plat Showing Encroachment of wharf in Mill Creek for Audrey & John Settle at 2957 Sand Bend Road" a 1 copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular E; 4 description. f it } i 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 I . 1 ' 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. Ir r I ;i 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 i I I expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action .k 1 ' a 1 arisingout of the location or existence of the Temporary Encroachment. p 5, s It is fur Cher expressly understood and agreed that the Grantee must obtain a permit I from the office of Development Services Center/Plarmmg Department prior to commencing any I 4 II i construction within The Encroachment Area. 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 .j 1 i I 'I I s 2 ' 1 i. .if II it i encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. t 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 a in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. 4 R R The Grantee will provide endorsements providing at least thirty t30) days written notice to the City r , prior to the cancellation or termination of, or material change to, any of the insurance policies. The d a Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day a C i 3 r , , i i 1 •� 4 it .I i i• F that the Temporary Encroachment is allowed to continue thereafter, and may collect such •I IN WITNESS WHEREOF, John E. Jr. and Audrey D. Settle, the said Grantee has caused this Agreement to be executed by his/their/her signature and seal duly affixed. Further, that the City of 4 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. C1 �� I� q 4 f y �a j: F A W (SEAL) . ATTEST. CITY OF VIRGnI�1IA BEACH By City Manager/Authorized Designee of the City Manager City Clerk r J E. Settle, Jr. Audrey . Settle 4 STATE OF VO CITY/COUNTY OF QJa,..,,1 to -wit: The foregoing instrument was acknowledged before me this day of _ Oc�h _ , 20 �zby JOHN E. SETTLE, JR. My Commission Expires: E Not Public � Ic � My Commission Expires: 1 ' admo Now 10 ED d Wob go" am � STATE OF a CITY/COUNTY OF aC, to -wit: i s The foregoing instrument was acknowledged before me this day of �--- , 200., by AUDREY D. SETTLE. a R A • a Notary Public a My Commission Expires: adARM9 NEW b0 e �A0AW MWff BUNN CAOM4 w . STATE OF VIRGINIA i CITY OF VIRGRZA BEACH, to -wit: a The foregoing instrument was acknowledged before me this day of 20 , by , CITY MANAGER./AUTHORIZED A DESIGNEE OF THE CITY MANAGER. E Y Notary Public Y My Commission Expires: E STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of F 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA E 4 BEACH. a tl a A Notary Public 1 F _ a My Commission Expires: APPROVED AS TO LEGAL SiJFFICIENCY G>meP '� 'L CITY ATTORNEY Rev. 10-09-02 6 APPROVED AS TO CONTENT r S C - =S, ITY REAL ESTATE AGENT Construction Sequence - - Al. Jct Ski Lift Pile (Replacement) 10' Return MHW •,-• ; �:...: °t � 8" dna., x 20', 2.5 pcf- CGA I- Existin- residential structureldrives to be demolished 2- Existing bulkhead/wharf to be demolished Profgosed Ramp •. �Z'z'�4' Top elevation - As per lift mfg. P eq'mt .3 -.Filter Fence adjacent property lines City of Virginia Beach (Dri f en to 6' Wow mud line -min.) 4 - Complete bulkhead restoration/wharf/ramp - Room j I A�.3 3 - Filter fence 5eedlstmiv cover entire rear alignment NORTH BAY INLET - MILL CREEK Width - MH`V-MHW - 500+' 6 - Initiate construction of new residence raposedep ac lie ZOOOOOO FLOOD �r Wharf I2' x 24' EBB 2 Stir Fr. Resd N r 17' 3 001 N 1.4 R 134W - : MLW ; 3A 'Return P oposed Replacement Bulkhe 10' Return MHW •,-• ; �:...: °t � - _ _ r _._..� Limit of Fill - IQ' Profgosed Ramp •. �Z'z'�4' _ * 1— 1 deck [ i Fla J 39 .a j••�-.._-meg Room j I A�.3 ,+ to be Demolished , t* r +'�..�:..� scent 2 Stir Fr. Resd N _ Ad-- _AR)NEAE' S_0U # Z, 28.T 2937 .�T' --Lent Phelps, Gerald &Beverly - 1f ED dec* C) _ JUL io 1 2002 + ; $ To be Demolished.- •—..,�_ wood FenceL _ Iya LU 204 MA U o p `y o . S. AN,% rry1r'l1: OF FN1Grltl40 r�S 1. lf%G�� cot `,• Wbod Fence e Pin (5) 4.s 46D. S 100 34.E . a Scale 1" = 30' 4.71 4,64 SAND BEND ROAD (50' R1 W ) 472 4.70 Edoe of povernerr► - Adjacent Property_ Owners Exhibit A - - E. Falcon Knight Plat Showing Encroachment Mill Crk. (T•rib. to Back Bay) - Gerald & Beverly Phelps of Wharf in Mill Creek Location: Ssndbridge Bch., Va Bch. " for Audrey & John Settle VA at'2957 Sand Bend Road ;applicant: Audrev &John Settle Date: July 20, 3003 Property with wharf proposed to be replaced Property across canal from owned property Property adjacent to the north Property adjacent to the south C Y OF VII2GINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Pembroke Manor Storm Water Upgrade, CIP #7-063.017 Authority to Acquire Easements (Temporary and Permanent) by Agreement or Condemnation MEETING DATE: November 12, 2002 Background: The area of Pembroke Manor near the intersection of Independence Boulevard and Jeanne Street is an older established subdivision built in the 1960s. Because of the undersized storm pipes and inlets and lack of storm inlets along certain roads in the neighborhood, there has been a history of flooding which is documented in the database for storm water complaints. The objective of the storm water upgrade project is to alleviate the flooding in the area by bringing the storm water drainage system up to current City Standards. Considerations: The outfall pipe that discharges to the Western Branch of the Lynnhaven River presently runs between a total of six (6) properties. In order to remove the current pipe and replace with a larger size pipe, easements Will be needed from the six properties. Even though there are existing 5 -foot side and rear lot line easements for utilities and drainage, additional easement areas are needed to permit construction. The extra easement areas are primarily temporary construction easements, with the exception of two permanent drainage easements. The proposed easements must be acquired and recorded before construction can begin on the project. It is requested that City Council grant the authority to acquire, by agreement or condemnation, all of the easements (temporary and permanent) in order to construct the Pembroke Manor Storm Water Upgrade Project, CIP #7-063.017. Public Information: Advertisement of City Council Agenda. Alternatives: Deny the request for authority to acquire, by agreement or condemnation, the easements (temporary and permanent) needed for the construction of Pembroke Manor Storm Water Upgrade, CIP #7--X63.017 Recommendations: Approve the request for authority to acquire, by agreement or condemnation, easements (temporary and permanent) needed for the construction of Pembroke Manor Storm Water Upgrade, CIP #7-063.017 Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estat� City Manage�) C, ��`C Q - CITY OF VIRGINIA BEACH �+ a a AGENDA ITEM Op OUR NO TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance Authorizing The City Manager to Execute A Memorandum of Understanding and Operating Agreement Between the City and The Virginia Museum of Marine Science Foundation MEETING DATE: November 12, 2002 Background: Prior to the construction of the Virginia Marine Science Museum (the "Museum"), on October 29, 1981, the Virginia Museum of Marine Science Foundation, Inc. (the "Foundation") was organized and chartered as a private, non -stock corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virginia (1950), as amended with a tax exempt status under section 501(c)3 of the Internal Revenue Code. The Foundation was formed and has functioned for many years for the purpose of supporting the Museum and its programs, assisting in the identification, acquisition and construction of exhibits, providing financial support, and increasing public knowledge of Virginia's unique marine environment. The relationship between the City and the Foundation and the activities which are either jointly or separately undertaken in support of the Museum have never been formally memorialized. Considerations: The proposed Memorandum of Understanding and Operating Agreement memorialize the Foundation's long-standing relationship with the City of Virginia Beach. The Memorandum of Understanding defines the roles and relationship of the entities, and the Operating Agreement outlines the operating procedures, joint promotional efforts, insurance needs, and record keeping obligations. Public Information: The public will be informed through the normal agenda process. Alternatives: Either approve or not approve the Ordinance authorizing the City Managerto execute the Memorandum of Understanding and the Operating Agreement. Recommendations: Approve the Ordinance Authorizing the City Manager to execute Memorandum of Understanding and the Operating Agreement between the City of Virginia Beach and the Virginia Museum of Marine Science Foundation. Attachments: Ordinance; Memorandum of Understanding; Operating Agreement. FRecommended Action: Approval Department/Agency: Department of Museums And Cultural Artsr: 1 ORDINANCE NO. 2 AN ORDINANCE AUTHORIZING THE CITY 3 MANAGER TO EXECUTE A MEMORANDUM OF 4 UNDERSTANDING AND AN OPERATING 5 AGREEMENT BETWEEN THE CITY AND THE 6 VIRGINIA MUSEUM OF MARINE SCIENCE 7 FOUNDATION 8 WHEREAS, the City of Virginia Beach (the "City") is owner and operator of the 9 buildings, grounds and related facilities located in the City of Virginia Beach, known as the Virginia 10 Marine Science Museum (the "Museum"); 11 WHEREAS, on October 29, 1981, prior to the construction of the Museum, the 12 Virginia Museum of Marine Science Foundation ( the "Foundation") was organized and chartered 13 as a private, non -stock, corporation under the provisions of Chapter 2, Title 13.1 of the Code of 14 Virginia (1950), as amended, with a tax exempt status under section 501(c) (3) of the Internal 15 Revenue Code; 16 WHEREAS, the Foundation was formed and has functioned for many years for the 17 purpose of (i) supporting the Museum and its programs; (ii) acquiring, leasing or holding real estate 18 necessary for the purposes of the Museum; (iii) assisting in the identification, acquisition and 19 construction of exhibits; (iv) providing financial support;(v) receiving gifts, bequests, monies, bonds, 20 grants, scientific equipment and objects of art in support of the Museum; and (vi) increasing public 21 knowledge of Virginia's unique marine environment; and 22 WHEREAS, the Foundation and the City wish to assure the continued success and 23 prosperous growth of the Museum in the future by memorializing their long-standing relationship 24 and their respective responsibilities as they relate to certain operational activities in a Memorandum 25 of Understanding and an Operating Agreement. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the City Manager is hereby authorized to execute the Memorandum of 29 Agreement and the Operating Agreement between the City and the Virginia Museum of Marine 30 Science Foundation in substantially the same form as attached hereto. 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 32 , 2002. CA- tF6 V7 CADocuments and Settingsldewhite\Local Settings%Templvmsm.ord.wpd R-1 10/23/02 APPROVED AS TO CONTENT: DeOirtment of Museums & Cultural Arts APPROVED AS TO LEGAL SUFFICIENCY: Department of Law MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION THIS MEMORANDUM OF UNDERSTANDING ("MOU")executed this day of 2002, memorializes the working relationship between ' the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION, INC., a private, non -stock Virginia corporation, (the "Foundation"). 1. The City is owner and operator ofthe buildings, grounds and related facilities located in the City of Virginia Beach, known as the Virginia Marine Science Museum (the "Museum"). 2. On October 29, 1981, prior to the construction of the Museum, the Foundation was organized and chartered as a private, non -stock, corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virginia (1950), as amended, with a tax exempt status under section 501(c) (3) of the Internal Revenue Code. 3. The Foundation was formed and has functioned for many years for the purpose of: (i) supporting the Museum and its programs; (ii) acquiring, leasing or holding real estate necessary for the purposes of the Museum; (iii) assisting in the identification, acquisition and construction of exhibits; (iv) providing financial support;(v) receiving gifts, bequests, monies, bonds, grants, scientific equipment and objects of art in support of the Museum; and (vi) increasing public knowledge of Virginia's unique marine environment. 4. The Foundation is governed by an independently elected Board of Directors, none of whom are employees of the City. 5. The City operates and maintains the Museum and repairs, and as necessary, replaces at its sole expense, any item, facility, or portion of the building occupied by the Museum which was part of the original capital improvement project to construct the buildings which constitute the Museum. In addition, the City provides or pays the cost of routine repair and maintenance of all Museum exhibits up to an amount not to exceed Two Thousand Five Hundred ($2,500) Dollars for any single repair or replacement. The Foundation pays for repair, maintenance or replacement applicable to any single permanent exhibit which exceeds Two Thousand Five Hundred ($2,500) Dollars in cost. {. The Foundation owns all of the animals acquired for the Museum and all permanent exhibits located in the Museum which have been constructed, funded or purchased by the Foundation. 7. The Foundation provides the funds necessary for programmed upgrading of permanent exhibits, for the acquisition of new animals, for the acquisition and display of temporary exhibits and for the acquisition, construction and installation of new permanent exhibits. In the event the Foundation dissolves, becomes inactive, or discontinues its active 4f support of the Museum, all of the exhibits, including the animals owned by the Foundation and all monies pledged or dedicated to the Museum for any existing project shall become the property of the City, and shall be used by the City for the purpose for which they were pledged or dedicated. 8. In return for the Foundation's contributions to and support of the Museum and its programs, the City provides the Foundation with designated office space in the Museum, and with filing cabinets, desks, and other office supplies and equipment, including use of computers owned by the City. The City also provides the Foundation, through City employees working at the Museum, with administrative, accounting and financial services. 9. All Foundation correspondence, minutes, financial and other records and documents will be maintained and stored separate and apart from all City records, and will be clearly identified as property of the Foundation.. 10. The City provides insurance coverage for the Museum which includes coverage for physical damage to or liability arising from the exhibits owned by the Foundation that are located in the Museum, whether permanent or temporary; automobile liability arising from the ownership or use of motor vehicles owned or leased by the Foundation and operated by City employees in the scope of their employment; and for liability arising out of the activities funded or sponsored by the Foundation and conducted by City employees normally employed at the Museum. Such insurance is provided through the City's self-insurance program or may be provided through any program of insurance established by the City's Risk Management Administrator. 11. The Gift Shops in the Museum buildings are operated and maintained by the City and the City retains all revenues received from their operation 12. The City operates the Museum admission facilities and sells both admission tickets and basic memberships in the Museum. The City retains all revenues derived from admission charges and from basic membership charges. Any surcharge added to normal admission charges covering admission to temporary exhibits which have been obtained by the Foundation, whether or not designated as a surcharge, will be paid to the Foundation. 13 The Foundation sells annual philanthropic memberships in the Museum to businesses, corporations, and members of the public. The Foundation reimburses the City for the cost of the basic membership and IMAx Theater tickets included in each philanthropic membership. 14. The Foundation uses portions of the Museum for its fund raising activities and for other private functions which generate revenue for the Foundation. The Foundation pays to the City twenty-five (25%) percent of the net revenues received by the Foundation as a result of the use of Museum facilities by third parties for private functions arranged by the Foundation. 15. Under a separate lease agreement, the Foundation pays the City Five Hundred Dollars ($500.00) a month for the use of the space in the Museum occupied by the Osprey Cafe and the picnic area. The Foundation contracts with a third party for the operation of the restaurant and retains all revenues it receives under its contract with the restaurant operator, including revenues paid by the restaurant operator for its provision of catering services for private functions arranged by the Foundation and held at the Museum. 16. The Foundation reimburses the City, no less frequently than quarterly, for the cost of the salaries paid by the City to part-time City employees who operate certain educational programs at the Museum on behalf of the Foundation. All revenue received from such educational programs is retained by the Foundation. 17. The Foundation operates the Museum's Stranding Program, which has the mission of researching, rescuing, rehabilitating, and, when possible, releasing stranded marine animals. This program, together with other related educational programs operated by the Foundation, is housed in a building which is leased by the City and which is currently known as the Museum Annex. The Foundation pays the City thirty percent (3 0%) of the cost of the lease and reimburses the City for the cost of the salaries of the City employees who operate the programs for the Foundation. 18. The City and the Foundation acknowledge that neither entity is the agent, employee, partner, joint venturer or associate of the other. However, the Foundation's Board and the City's Museum staff consult with each other and work closely together to improve the Museum and its facilities, to enhance its educational mission, to facilitate its ability to serve the public, and to plan for future growth and expansion. 19. The Foimdation acknowledges that during the term of this MOU, the Foundation will promptly remove or release any mechanic's or materialman's lien attached to or on the subject property or any portion, by reason of any act or omission by the Foundation, its contractors or agents in connection with the activities performed by the Foundation, and hold harmless the City and its agents, employees, volunteers, servants, and officials from any such lien or claim of lien. 20. The City and the Foundation acknowledge that certain activities involving revenue sharing, grant solicitation, joint promotional efforts, cost participation or jointly funded capital improvement projects, and the insurance, record keeping, appropriations and indemnity issues which are pertinent to said activities shall be memorialized through the execution of a separate operating agreement. 21. The initial term of this MOU will be for five (5) years effective July 1, 2402 through June 30, 2007. The MOU will be automatically renewed for additional five-year terms unless terminated by either party upon 12 months written notice to the other party prior to the end of any five-year term. CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION, INC. t_. Title: 0 /001.0 200 2— APPROVED APPROVED AS TO LEGAL SUFFICIENCY: .r. Foundation Counsel APPROVED AS TO CONTENTS: i D4artment of Museums & Cultural Arts APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office OPERATING AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA MUSEUM OF IVIAWNE SCIENCE FOUNDATION THIS OPERATING AGREEMENT ("Agreement") made and entered into as of this day of , 2002, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION, INC., a private, non -stock Virginia corporation, (the "Foundation"). RECITALS WHEREAS, the City is owner and operator of the buildings, grounds and related facilities located in the City of Virginia Beach, known as the Virginia Marine Science Museum (the "Museum"); WFIEREAS, prior to the construction of the Museum, on October 29,-1981, the Foundation was organized and chartered as a private, non -stock corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virginia (1950), as amended, with a tax exempt status under section 501(c) (3) of the Internal Revenue Code; WHEREAS, the Foundation was formed and has functioned for many years for the purpose of supporting the Museum and its programs, assisting in the identification, acquisition and construction of exhibits, providing financial support, and increasing public knowledge of Virginia's unique marine environment; and WHEREAS, the Foundation and the City wish to assure the continued success and prosperous growth of the Museum in the future by memorializing the responsibilities and obligations of City and the Foundation as they relate to certain operational activities. AGREEMENT The parties to this Agreement, for and in consideration of the mutual efforts to promote and support the development of the Museum agree as follows: I . OPERATING PROCEDURES A. The City Manager shall be the official responsible for the administration of this Agreement for the City. The Director of the Museum, who shall be responsible for its day to day operations, shall be selected by the City Manager and employed by the City. Subject to the approval of the City Manager and the Board of Directors of the Foundation, the Director of the Museum shall also serve as Executive Director of the Foundation. The Director of the Museum shall receive no remuneration from the Foundation and shall have no voting rights with respect to Foundation business or affairs, but may be reimbursed by the Foundation for travel and other expenses incurred on its behalf. The City Manager may also employ a Director of Development who shall have such duties as the City Manager may prescribe, but who may assist the Foundation in planning and implementing its fund raising activities, and who may solicit funds on behalf of the Foundation. The Foundation may supplement the salary of the Director of Development as compensation for services to the Foundation. B. The City and the Foundation acknowledge and agree that all Foundation correspondence, financial records and all Foundation documents shall be kept separate and apart from all City records. C. The Foundation shall not contract for.the installation of a new or substantially expanded exhibit to be housed in the Museum without first obtaining the approval of the Director of the Museum. D. The City and the Foundation may engage in joint promotional efforts, including marketing and the solicitation of funding through grants. However, any funds or grants received by the City, regardless of whether solicited by the Foundation separately or jointly with the City shall not be appropriated to the Foundation unless so directed by the City Council pursuant to an ordinance adopted by City Council. Any funds or grants received by, or awarded or donated to the Foundation, regardless of whether solicited by the Foundation separately or jointly with the City shall be accounted for in the Foundation's records and disbursed in accordance with the donor or grantor's instructions. E. Any and all jointly funded capital improvement projects which are included in the City's capital improvement budget shall be memorialized through the execution of a specific agreement and under terms and conditions mutually agreed to by the City and the Foundation. No such capital improvement project shall proceed until the City appropriates the funds -for such project and until the Foundation transfers its share of the appropriation or provides assurances acceptable to the City of the timely availability of such funds. F. With the City Manager's approval, the Director of the Museum and city employees authorized by the Director may , at the request of the Foundation, solicit donations on behalf of the Foundation. No other city employee shall actively solicit any donations on behalf of the Foundation unless the City Manager specifically approves such activity. G. The Foundation shall function for the purpose of: (i) supporting the Museum and its programs; (ii) acquiring, leasing or holding real estate necessary for the purposes of the Museum; (iii) assisting in the identification, acquisition and construction of exhibits; (iv) providing financial support; (v) receiving gifts, bequests, monies, bonds, grants, scientific equipment and objects of art in support of the Museum; and (vi) increasing public knowledge of Virginia's unique marine environment. The Foundation serves in an advisory role to the Director of the Museum and shall not have directory or supervisory functions in the operation of the Museum. 2. INSURANCE The Foundation shall provide to the City's Risk Management Administrator evidence of liability insurance coverage for any non -city employees. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and shall carry the provision that the insurance will not be cancelled or materially modified without thirty (30) days prior written notice to the City. 3. RECORD KEEPING A. The Foundation shall provide annually to the City an audited financial statement. The audit shall be made in accordance with generally accepted auditing standards by an independent certified public accountant covering all monies which are the subject ofthis Agreement. The statement will be provided on or before June 30'hof each year during this Agreement but shall not include any information regarding individual Foundation donors. B. The Foundation shall provide the City with an updated copy of its articles, bylaws and officers and directors. The Foundation shall also provide the City with a copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without accompanying documentation providing information concerning any specific Foundation donor. 4. INDEPENDENT CONTRACTORS In the performance of this Agreement, both the City and the Foundation will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of the one shall not be construed to be the agents or employees of the other. City employees shall remain employees of the City notwithstanding the fact that they may assist the Foundation or their salary or any portion thereof is reimbursed by the Foundation. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the Foundation with any person or entity covering services or goods procured by the Foundation, or for the negligent or willful acts of the Foundation or those for whom the Foundation is legally liable. 5. TERM The initial term of this Agreement will be for five (5) years effective July 1, 2002 through June 30, 2007. This Agreement will be automatically renewed for additional five-year terms unless terminated by either party upon 12 months written notice to the other party prior to the end of any five year term. 6. DISPUTE RESOLUTION The parties agree that if there is a dispute as to any provision in this Agreement or if either party materially breaches or fails to perform its obligations under this Agreement, the other party may give notice in writing of the dispute or material breach. The parties agree to meet to resolve the dispute or material breach within thirty (30) days of the receipt of the notice. If the parties fail to resolve the dispute within sixty (60) days of such notice or such longer period if agreed to in writing by the parties, the parties agree to bring in a mediator to resolve the dispute. 7. NOTICES Any notice or notices required or permitted to given pursuant to this Agreement shall be give by certified mail, postage prepaid, return receipt requested as follows: To the City: Lynn B. Clements, Director Department of Museums and Cultural Arts 717 General Booth Boulevard Virginia Beach, Virginia 23451 To the Foundation: President Virginia Marine Science Museum Foundation, Inc. 717 General Booth Boulevard, Suite 1 Virginia Beach, Virginia 23451 S. GOVERNING LAW/COMPLIANCE WITH APPLICABLE LAWNENUE This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. The Foundation shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or thereafter adopted, in the performance of its obligations set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 9. MECHANIC'S LIENS During the term of this Agreement, the Foundation will promptly remove or release any mechanic's or materialman's lien attached to or on the subject property or any portion, by reason of any act or omission by the Foundation, its contractors or agents in connection with the activities performed by the Foundation, and hold harmless the City and its agents, employees, volunteers, servants, and officials from any such lien or claim of lien. This provision shall survive the termination, cancellation or expiration of the Agreement. 10. ENTIRE AGREEMENT The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification of this Agreement, except in writing, executed by the authorized representatives of the City and the Foundation. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CITY OF VIRGINIA BEACH ATTEST: By: Ruth Hodges Smith City Manager/Authorized Designee City Clerk of the City Manager VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION, INC. ATTEST: Title: STATE OF CITY/COUNTY OFIZAMk to -wit: The foregoing instrument was acknowledged before me this _/ da of 20025 by e>xtrSA= and S;g7:.• . , and title, respectively, of the VIRGINIA -61-1MUSEUM OF MARINE SCIENCE FOUNDATION, INC., on its behalf. Notary Public MY commission expires: 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2002, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2002, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: APPROVED AS TO LEGAL SUFFICIENCY: ----r- Foundation Counsel APPROVED AS TO CONTENTS: f., -y�... Department of Museums & Cultural Arts APPROVED AS TO APPROVED AS TO RISK MANAGEMENT: L SUFFIC Risk Management City Attorney's Offi w 1 CITY GF VIRGINIA BEACH ??; AGENDA ITEM ax �S D{!R MRt�0 TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: A Resolution Regarding Control of the Virginia Beach Community Development Corporation (VBCDC) MEETING DATE: November '12, 2002 Background: VBCDC is a 501(c)(3) non-profit housing development and management organization. It was established by the City in 1985 to help create housing opportunities for low and moderate income citizens. City Council appoints the members of its board of directors, and approves its bylaws. The Department of Housing and Neighborhood Preservation provides annual support for its operations and to facilitate the development of new housing opportunities. Since its inception in 1986, VBCDC has created over 200 units of affordable rental housing and 100 home ownership opportunities. A key part of VBCDC's work is the ability to buy foreclosed HUD -owned homes, rehabilitate them, and then rent or re -sell them. Buying the vacant homes avoids relocating people; and rehabilitating them plus occupying them significantly enhances the host neighborhoods. HUD requires that agencies that purchase their homes meet certain criteria. Recently, they have tightened up on those criteria because of bad experiences with certain organizations. One of those criteria is that the organization not be used by a controlling entity for the controlling entity's profit or gain. In this case, the city is the controlling entity because it appoints VBCDC's board and approves the by laws. HUD has provided three options for the City to state its relationship to VBCDC. one would state that VBCDC is an "instrumentality" of the City. However, this would have had to be in original chartering documents, which it is not. A second would state that the City will give up any current authority over VBCDC. This is not recommended as a viable option since it would involve a major policy change that has not been studied, and its results are unpredictable. Staff recommends the third option, a statement from the City saying that: a)the city intends to maintain control; b) what the purpose of maintaining that control is (to insure that VBCDC continues to effectively provide housing opportunities and to operate in alignment with City goals) and c) that the City does not intend to exercise that control for profit or gain. According to HUD, this statement must come from City Council. Considerations: There are potentially significant impacts on VBCDC's programs if the resolution is not approved, whereas approval simply allows programs to go on as they have in the past. Potential impacts include an inability to obtain houses to purchase and rehab; and/or a higher cost for housing that is available. These would have both programmatic and financial impacts. Public Information: This resolution is not considered to have significant public interest, since it simply allows a program that has been in place for many years to continue. Therefore, the publication of the Council agenda is considered appropriate public information. Alternatives: Without this resolution, HUD may deny VBCDC the right to purchase HUD - owned housing. This would put a significant obstacle in the path of VBCDC's programs, since this housing has been a major source of its acquisitions. Without the HUD housing, it will be very difficult to identify vacant for -sale housing in the price ranges that work for VBCDC's programs. Recommendation: Approval of the attached resolution is recommended. Attachments: Ordinance; Letter from Mary Kay Horoszewski in, FRecommended Action: Approval itting D artmen genc : & Nei hborhood Preservation Y� 9 anaaer. - _ hO* I A RESOLUTION ESTABLISHING THE CITY 2 COUNCIL'S RELATIONSHIP WITH THE VIRGINIA 3 BEACH COMMUNITY DEVELOPMENT CORPORATION 4 WHEREAS, the Virginia Beach Community Development 5 Corporation ("VBCDC") was created in 1985 for the purpose of 6 creating housing opportunities for low and moderate income 7 citizens; 8 WHEREAS, VBCDC's bylaws provide that its directors are 9 appointed by the Virginia Beach City Council and that amendments to 10 these bylaws must be approved by the City Council; 11 WHEREAS, the U.S. Department of Housing and Urban 12 Development ("HUD") has concluded from reviewing these bylaw 13 provisions that the City Council has considerable control over the 14 VBCDC; and 15 WHEREAS, HUD has requested that the City Council, in the 16 form of a resolution, state whether it wishes to retain this level 17 of control over the VBCDC, the purpose of retaining such control, 18 and that the Council does not intend to exercise such control for 19 profit or gain. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH: 22 That City Council hereby states the following: 23 (a) that it intends to retain its current level of 24 control over the Virginia Beach Community Development Corporation 25 ( "VBCDC" ) ; 26 (b) that it retains such control solely for the purpose 27 of insuring that the VBCDC continues to provide housing 28 29 30 31 32 33 34 opportunities and operate in alignment with the City of Virginia Beach's neighborhood improvement goals; and (c) that the City Council has no intention of exercising any level of control it has over the VBCDC to derive any gain or profit from the VBCDC's operations. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2002. CA -8681 Noncode/HUDVBCDC.wpd November 4, 2002 R1 APPROVED AS TO CONTENT: Hou ing e ghborhood Preservation 2 APPROVED AS TO LEGAL SUFFICIENCY: (t cxu / * G. City Attorney' Off i e V. 0:v� September 30, 2002 Dear Andy, VIRGE41A BEACH CDC 629 Wesley Drive, Suite 141 Virginia Beach, VA 23452 (757) 463-9516 FAX (757) 463-1382 M. K. Horoszewski Executive Director I am writing you to follow up on our conversation this morning. Please review the fallowing information and let me know what I can do to help resolve this issue. Background VBCDC is required to submit a biannual application for recertification to the U.S. Department of Housing and Urban Development. The approval of this recertification application allows VBCDC to be on HUD's list of approved non -profits for participation in FHA activities. This enables VBCDC to purchase HUD properties at a discount, provide secondary financing to low- income first-time home buyers, and obtain FHA -insured mortgage financing. One of the items that is requested, as part of the recertification package, is a certification signed by an authorized representative of the organization certifying to HUD that the nonprofit is acting on its own behalf and is not under the influence, control, or direction of any party seeking to derive a profit or gain from the proposed project, such as, but not limited to, a landowner, real- estate broker, banker, contractor, builder, lender, or consultant. THE NONPROFIT MUST OVERSEE AND MAINTAIN CONTROL OF THEIR OPERATIONS AND MAKE ALL DECISIONS. VBCDC sent this certification to HUD in the last recertification application that was submitted in June 2002. HUD provided a response to the package dated August 19, 2002. Their response was as follows: While your application did contain the required certification, it appears from your Bylaws that the organization is under the direct control of the City Council for the City of Virginia Beach. Pursuant to your By-laws, Article III- Directors, Section 2 - Composition, states "The Board shall be composed of eleven (11 ) directors who shall be appointed by the City Council of the City of Virginia Beach." Section 4- Vacancies and Removals, further states, "Vacancies shall be filled upon appointment by the City Council." and "Directors shall serve at the pleasure of the City Council." Also, Article X- Amendments, states, "Such amendments to these bylaws shall be subject to approval by the City Council." while it is assumed that the City of Virginia Beach is not seeking to derive a profit or gain from the proposed project, it is apparent that they have considerable control over the internal operations of your organization. Considering this, they have asked us to provide one of the following options, 1. Provide documentation that we are an instrumentality of the local government. This would require an ordinance or charter that clearly states our relationship with the City of Virginia Beach, their purpose in forming us, and an indication that they maintain control over the non- profit. HUD's rationale is that if we are an instrumentality of the local government, then they would expect the City of Virginia Beach to maintain control over the non-profit. was this ordinance or charter a part of the original organization of VBCDC which occurred in November, 1985? 2. The City of Virginia Beach could provide HUD with a statement of their purpose and intent in maintaining control over the nonprofit and also state that they will not exercise their authority to derive a profit or gain from VBCDC's programs. 3. The City of Virginia Beach could relinquish their control over VBCDC by documenting that they will no longer appoint our Board of Directors or require their approval to change our by- laws. One of these actions must be completed and the required documentation must be submitted to HUD no later than October 31, 2002.1f we do not meet this deadline, then VBCDC will be removed from HUD's list of approved non -profits. We will then have to wait 90 days before we can resubmit our application for approval to be on the list of approved non- profit. You may contact Mr. Bradley Payne of the HIUD Cleveland, Ohio office for further clarification. His number is 216-522-4058 extension 7215. His fax number is 216-522-2975. I appreciate you assistance in responding to their request. Sincerely, Mary y asze Executive Director c: Sharon Shoff, VBCDC VBCDC Board of Directors Mr. Bradley Payne, HUD CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance to Approve a Third Supplement to Development Agreement and a Post -Closing Escrow Agreement for the Town Center Project and Recommending Approval and Execution by the Virginia Beach Development Authority MEETING DATE: November 12, 2002 Background: The City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer") are parties to a Development Agreement regarding the development of a Central Business District Project known as "The Town Center of Virginia Beach" (the "Project"). Construction of Phase I of the Project is nearing completion and the Authority's purchase of the Phase I Parking Garage should be closing in the next few weeks. In connection with the purchase, the parties have identified certain necessary and desirable modifications to the Project Documents and have pursued the preparation of a Third Supplement to Development Agreement and a Post -Closing Escrow Agreement which document the modifications to the Project Documents to necessary to facilitate and consummate the Authority's purchase of the Phase 1 Parking Garage: Summary of Third Suppent to Development Agreement • Changes to Exhibits. • Replaces Exhibit 6.1 (Master Plan) • Replaces Exhibit 9.1.2 (Reimbursement Amount Calculation) • Adds Exhibit 8.5.2 (Post -Closing Escrow Agreement) • Change to Master Plan. Confirms the adjusted master plan that the Developer and VEDA have been implementing for the last year which modifies the scope of the infrastructure for Phase I and Phase Il with respect to the location of certain streets and the orientation of the public plaza. • Change to Reimbursement Amount. Changes the due date of the first installment of the Reimbursement Amount from June 5, 2003, to December 311 2003, and provides a calculation mechanism to allow Developer to construct hotel improvements, as well as other commercial improvements, to "earn out" of the Reimbursement Amount obligation. • Conditions_ to Closing on Purchase of Phase 1 Parkin`a Garage. Conditions VBDA's purchase of Phase l Parking Garage on Developer's delivery of a Post Closing Escrow Agreement [see summary below]. • Construction of Phase I Public Infrastructure. Confirms that Phase I Public Infrastructure construction does not include any public street or streetscape construction west of Central Park Avenue. • Additional Phases. Technical amendment to delete references to additional phases of Town Center. Summary of Post -Closing Escrow Agreement. Establishes an escrow of a portion of the purchase price for the Phase I Parking Garage as follows: (a) $50,000 contingency reserved for unanticipated items to be released to Developer as agreed to items are completed; (b)150% retainage for punchlist items released to Developer when the punchlist is complete as evidenced by Architect's Certificate; and (c) a reserve for incomplete structures on Block 4 (North Office Building and South Retail Building) released to Developer upon structural shell completion of those structures (in place of requiring structural shell completion of these two ancillary project elements _at closing) Considerations: Attached to this Agenda Request Form is an Ordinance approving the Third Supplement to the Development Agreement and a Post -Closing Escrow Agreement to implement necessary and desirable modifications to the Project Documents to facilitate and consummate the Authority's purchase of the Phase I Parking Garage and recommending approval and execution by the Virginia Beach Development Authority. Public Information: Copies of the Third Supplement to Development Agreement and the Post -Closing Escrow Agreement are on file with the City Clerk's Office. Attachment(s): Ordinance Recommended Action: Approval of Attached Ordinance Submitting Department/Agency: City Attorney City Manager: I� , 7�6 cyg-L t I AN ORDINANCE TO APPROVE A THIRD SUPPLEMENT TO THE 2 DEVELOPMENT AGREEMENT AND A POST -CLOSING ESCROW 3 AGREEMENT FOR THE TOWN CENTER PROJECT AND 4 RECOMMENDING APPROVAL AND EXECUTION BY THE 5 VIRGINIA BEACH DEVELOPMENT AUTHORITY b WHEREAS, the City of Virginia Beach Development Authority (the "Authority'") and Town 7 Center Associates, L.L.C. (the "Developer") are parties to a certain Development Agreement dated 8 as of March 6, 2000, as supplemented by that certain First Supplement to Development Agreement 9 dated as of February 28, 2001, as modified by that certain Second Modification to Development 10 Agreement dated as of August 30, 2002 (the "Town Center Development Agreement"), regarding 11 the development of a Central Business District Project known as "The Town Center of Virginia 12 Beach" (the "Project"); 13 WHEREAS, in connection with the closing on the Authority's purchase of the Phase I 14 Parking Garage as provided in the Town Center Development Agreement, the parties have identified 15 certain necessary and desirable modifications to the Project documents and have pursued the 16 preparation of a Third Supplement to Development Agreement and a Post -Closing Escrow 17 Agreement (the "Supplemental Documents") which document the modifications to the Project 18 documents necessary to facilitate and consummate the Authority's purchase of the Phase I Parking 19 Garage. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, OF THE CITY OF 21 VIRGIlQA BEACH, VIRGINIA: 22 1. The City Council approves the Third Supplement to Development Agreement and 23 the Post -Closing Escrow Agreement (the "Supplemental Documents"), complete copies of which 24 have been provided to the members of City Council and which are on file with the City Clerk, which 25 implement necessary and desirable modifications to the Project documents to facilitate and 26 consummate the Authority's purchase of the Phase I Parking Garage. 27 2. On behalf of the City of Virginia Beach, the City Manager and the City Attorney are 28 hereby authorized and directed to proceed with the preparation of any additional documents 29 necessary and appropriate or contemplated by the Supplemental Documents, to facilitate and 30 consummate the Authority's purchase of the Phase I Parking Garage, containing terms as are 31 consistent with the terms contained in the Supplemental Documents. 32 3. The City Manager, or his designee, is authorized to execute and deliver the 33 Supplemental Documents in substantially the form as are on file in the City Clerk's Office, with such 34 insertions and modifications of a minor and technical nature which are acceptable to the City 35 Attorney. 36 4. The City Council requests that the City of Virginia Beach Development Authority 37 adopt a Resolution consistent with this Ordinance approving the Third Supplement to Development 38 Agreement and the Post -Closing Escrow Agreement and authorizing their execution and delivery 39 on behalf of the Authority. 40 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 41 November, 2002. 42 CA -8649 43 F:,Data1ATY'kOrdin\NONCODE%ca8649.ord.%pd 44 November 6, 2002 45 46 47City Attorney 48 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Appropriation of Virginia Beach Schools' Reversion Funds (FY 2002) MEETING DATE: November 121 2002 Background: According to Code Section 22.1-100, any unexpended funds from the Schools' Operating Budget must be returned to the governing body. The Virginia Beach City Council has a long- standing practice of appropriating the Schools' Reversion funds to the Schools' Capita and Operating budgets for non-recurring items. On September 112002, the School Board was presented with a summary financial statement indicating a total of $18,290,278 of available unaudited reversion funds for fiscal year ending 2002. The Virginia Beach School Board adopted by resolution on June 25 and October 1, the allocation of funds for the projects identified below. This total funding is net of the $400,000 approved by City Council on July 9, 2002 to bridge the compensation package beginning July 1, 2002 for current teaching staff and $7,493,278 that the Board requests to retain in the fund balance of the General Fund for CIP projects to be determined at a later date. Utilization of $8,800,000 is requested for appropriation to the FY 2002-03 CIP Program. The remaining $1,597,000 is requested for one time cost associated with instructional materials forthe SOL Incentive Program and activities for the Special Revenue Athletic Fund. $3,000,000 - CIP #1.030, Telecommunication Infrastructure Replacement - telephones $2,000,000 - CIP #1.195, Instructional Technology $3,200,000 - CIP #1.011, Equipment and Vehicle Replacement -replacement of school buses, feet vehicles, copiers and risographs, bus video cameras and custodial equipment $1,4009000 - SOL Incentive Funds (reappropriation to the OB --instructional materials) $ 4007000 - C1P# 1.195, Student Data K/bnagement System - Special Education Modules $ 200,000 - CIP# 1.023, Landstomn High School/Princess Anne Road Pedestrian Bridge $ 197,000 - Special Revenue Athletic Fund - equipment $10,397,000 Total This matter was deferred November 5. 2002. Considerations: The School Board has adopted by resolution the allocation of the above identified funds. Public information: A Public Hearing Notice was placed in the Beacon on October 27, 2002. A Public Hearing will be held on November 5, 2002 for the amendment to the FY2002-03 Capital Improvement Budget. Alternatives: None Recommendations: Approval of attached ordinance Attachments: Ordinance and copy of School Board Resolutions Recommended Action: Approval of Ordinance Submitting Department/Agency: City of Virginia Beach Public Schools City Manage ,g'J ti 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 AN ORDINANCE TO APPROPRIATE A TOTAL OF $10,397,000 IN FY 2001-02 VIRGINIA BEACH SCHOOL REVERSION FUNDS, WITH $8,800,000 APPROPRIATED TO VARIOUS SCHOOL PROJECTS IN THE FY 2002-03 CAPITAL BUDGET AND $1,597,000 APPROPRIATED TO THE INSTRUCTIONAL CATEGORY IN THE SCHOOL OPERATING FUND AND THE SCHOOL ATHLETIC SPECIAL REVENUE FUND IN THE FY 2002-03 OPERATING BUDGET WHEREAS, on September 11, 2002, the School Board was presented with a summary financial statement indicating that $18,290,278 in unexpended FY 2001-02 School Board appropriations is available to be re -appropriated by the City Council; WHEREAS, of this amount, $400,000 has been previously appropriated by the City Council and $17,890,278 has not been appropriated; WHEREAS, by resolutions dated June 25 and October 1, 2002, the School Board formally requested the City Council to approve the appropriation of $8,800,000 of school reversion funds to the City's FY 2002-03 Capital Budget and $1,,597,000 to the School Operating Fund and the School Athletic Special Revenue Fund in the FY 2002-03 Operating Budget for one time only costs for instructional materials for the SOL Incentive Program and equipment; and WHEREAS, the School Board has requested that $7,493,278 remain in the General Fund for CIP projects that will be determined at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $8,800,000 of Virginia Beach Public School Reversion funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the FY 2002-03 Capital Budget in the amounts and to the projects as set forth below: 36 (a) $3,000,000 to CIP #1-0301 'Telecommunication 37 Infrastructure Replacement," for replacement of telephone 38 equipment; 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 (b) $2, 000, 000 to CIP #1-196, "Instructional Technology, " for the Instructional Technology Replacement Program; (c) $3,200,000 to CIP #1-011, "Equipment and Vehicle Replacement," for replacement of school buses, fleet vehicles, copiers and risographs, bus video camera and custodial equipment; (d) $400,000 to CIP #1-195, "Student Data Management System," for implementation of the Special Education Modules for SASI; (e) $200,000 to CIP #1-023, "Landstown High School/Princess Anne Road Pedestrian Bridge"; 2. That $1,400,000 of Virginia Beach Public School Reversion Funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the instructional category of the School Operating Fund in the FY 2002-03 Operating Budget for instructional materials for the SOL Incentive Program. 3. That $197,000 of Virginia Beach Public School Reversion Funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the School Athletic Special Revenue Fund in the FY 2002-03 Operating Budget for equipment. 4. That revenue in the FY 2002-03 Capital Budget is hereby increased by $8,800,000, and revenue in the FY 2002--03 Operating Budget is increased by $11597,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. Requires an affirmative vote by a majority of the members of City Council. CA -8676 Noncode/School Reversion Funds.ord.wpd October 25, 2002 R5 Approved as to Content: n a.-,- a - "L Management_ Services Approved as to Legal Sufficiency: City Atto ey's OT f ice L *RGINIA BEACH gITY PUBLIC SCHOOLS A H E A D O F I T H E C U R V E SCHOOL BOARD RESOLUTION REOA ING FY 2001/02 ESTIMATED REVERSION Daniel D. Edwards Chairman o*tt1- cent rdle WHEREAS, On January 19,20C 2, the Administration presented to the School Board a mid -year 1513 Seadwiew Drive VA Bead. VA 23464 review of the FY 00101 Operating B dget which indicated that approximately, $10.7 million of FY 4953551 {h) • 717.0259 (cd) 01102 appropriated funds were avail le; and NO L Rose WHEREAS, at the time of the 'd -year review no recommendation was made regarding the We Chaimmn A"rge uses of the FY 01 /02 funds; and 133714mis Road VA Beath. VA 23452 NMRE.A.S, the final stateTevenue numbers have been received and the Average Daily 463-38n (h) • 497-6633 (w) Membership numbers reported to the state exceeded the estimates used for budgetary purposes; and A nfth WHEREAS, revised revenue an expenditure estimates as of May 31, 2002 indicate the 4178 Charily Nick Road reversion has increased to approxima ely $16.4 million, and VA Beath. VA 23457 721,3052 (h) WHEREAS, final figures for FYR001/02 will be available subsequent to completion of the Jean s. Brooks external audit, and 721 Hftp Road WHEREAS, the City is anticipating a shortfall in the Revenue Sharing Formula, and by City VA ftcK VA 23450 4254597 (h) policy the School Board must provid 53.13% of any shortfall in these revenue streams, and WHEREAS, the School Board's share of the anticipated shortfall as of May 2002 is estimated to NaM D. Guy Dism 5 - LyrrhWW be $2,900,000, and 2445 Hzvefsitm Ckee VA sem, VA 23454 r WHEREAS, the administration commends the remaining anticipated reversion funds of $13.1 4W2291(h) million be used for the following pu oses: Dan R. Lmn Dis tl 4 - Bayside 4617 sed Coat Road . $ 2,000,000 to Fund 099 for the structional Technology replacement program VAD3eed4V23455 449D.391 (h)) 0 $ 3,000,000 to CIP project 1.030 for the replacement of telephone equipment K Les Poi A Jr. ' $ 1,700,000 to CIP project 1.011 for the replacement of school buses D kM 7 - Pdnam Aw • $ S 00,000 to CIP project 1.011 for the replacement of other fleet vehicles 24M Mgbam Road VABexh VA 23456 • $ 400,000 to CIP 1.195 for implementation of the Special Education Module for SASI {27-91i2 (h)0 $ 2009000 to CDP 1.023 for the Landstown High School/Princess Anne Road Pedestrian Swan smWW*m Bridge At-Larp 703 Rocas Cmk court * $ 5,000,000 reserved for undesignated CIP projects VA Beach. VA 23462 490$167 (h) now, therefore, be it mchaw td RESOLVED: That the Board approves, and affirms the recommended uses of the FY 2001/02 OhYde Hal 3WRas6 105 BmnMvW court funds as presented by the Administra 'on; and be it further YA Beady VA 2.3452 4N 4M (h) - 445.0471 tw) RESOLVED: That the adminis tion request these funds be appropriated by the City Council JeM M. Mata as soon as practicable, but no later thE n September 3 0, 2002, and be it further OM RESOLVED: That a copy of thi resolution be spread across the official minutes of this Board. VA Beack VA 23482 --. """ ... .....,...�► ::.. •;.: 499.2490 (h) :. �_.�: Adopted by the School Boar of the City of Virginia Beach this: ?:5` : r-, Arthur T. Tate 1789 Ladivdh Men ` VA Beach, VA 23455 visa-s4si (,) - SEAL ante! D. Edars'''iii�riariY=: Y SUPERINTENDENT Temoft R. Jemey. Ph.D. 2512 George Mama Drive VA Beach, VA 23456- �. 5t; :': • , -. `�" 427-4326 " Dianne P. Alexander, Clerk of the Bo rd 14 rwF AY1:- FF•.��vvvvvv.vbschoo1s.con1 2512 George Mason Drive + P.O. Box 6038 Virginia Beach, VA 3456-0038 VIRGINIA BEACH CITY PUBLIC -SCHOOLS SCHOOL BOARD Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach. VA 23464 495-3551 (h) - 717-0259 (Cell) Neil L Rose Vice Chairman At -Large 1337 Harris Road VA Beach, VA 23452 463.3823 (h) - 497.6633 (w) Jane S. Brooks District 6 - Beach 721 Hilltop Road VA Beach, VA 23454 425-1597 (h) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 3408911 (h) A James "Jim" DeBellis District 2 - Kempsville 4545 Bob Jones Drive VA Beach, VA 23462 467-2457 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Sandra Smith -Jones At -Large 705 Rock Creek Court VA Beach, VA 23462 490.8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303(h) - 445-4637 (w) Arthur t Tate At -Large 1709 Ladysrrfth Mews VA Beach. VA 29455 4605451 (h) Carolyn D. Weems At -targe 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT Timothy R. Jenney, Ph.D. 2512 George Mason Drive VA Beach, VA 23455 427-4326 AHEAD OF THE CURVE RESOLUTION REGARDING FY 2002 REVERSION FUNDS WHEREAS, On September 11, 2402 the School Board was presented with a summary un- audited financial statement.fox FY 2401102 realizing an additional $4.8 million in reversion funds; and WHEREAS, the additional funds are the result of $3.1 million in additional revenue and $1.7 million in expenditures savings; and WHEREAS, the Administration recommends the following uses for the $4-.8 million in reversion funds: • $2,493,278 to be allocated subsequent to recommendations of the Board CIP Ad Hoc Committee • $1,400,000 for SOL Incentive Funds to be re -appropriated to the Qperating�udget • $ 500,000 to CIP 1.011 Equipment and Vehicle Replacement for Copiers and Risographs • $ 197,000 to the Athletic Fund Special Revenue Fund • $ 100,000 to CIP 1.011 for Bus Video Camera • $ 100,000 to CIP 1.011 for replacement of Custodial Equipment Now, therefore, be it RESOLVED: That the Board approves the recommended uses of the additional FY 01l02reversion funds as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk - Adopted by the School Board of the City of Virginia Beach this 1st day of October 2002. SEAL amel D. Edwards, Chairman Attest: IhA�U� 00 ahoova'."Y'd� Dianne P. Alexander, Clerk of the Board CERTIFIED TO B E-ATRUE _ ANO CORRECT COPY _ Clerk, School Boyd of City of Virginia 1'30 R _ School Administration Building - 2512 George Mason Drive - PO. Box 6038 - Virginia Beach, VA 23456-0038 IA- s�o� r0 a CITY OF VIRGINIA BEACH AGENDA ITEM S Cp OAR M���O� TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance to Appropriate $15,000 From the Fund Balance of the Francis Land House Trust Fund to the FY 2002--2003 Operating Budget of the Department of Museums and Cultural Arts to Provide Support for Programs, Events, Exhibits, and General Operating Expenses at The Francis Land and Adam Thoroughgood Houses MEETING DATE: November 12, 2002 Background: The Friends of the Francis Land House is a group of interested volunteers that supports the programs and activities of the Francis Land and Adam Thoroughgood Houses through participation and donations. The Friends of the Francis Land House organization provides monetary support for some of the programs, exhibits and activities of the museums through membership dues, fund raising projects and solicitation of cash donations from civic organizations and individuals. These funds are maintained by the City of Virginia Beach in the Francis Land House Trust Fund. There is a current balance of approximately $32,000 of unappropriated monies in the trust fund. This trust fund is separate from the Board of Governor's Trust Fund, from which the City Council appropriated funds for other purposes on November 5, 2002. Considerations: The Friends of the Francis Land House request an appropriation of monies in the Trust Fund for FY2002-2003 for the purpose of providing support for programs, events, exhibits and general operating expenses at the Francis Land and Adam Thoroughgood Houses, and for the purpose of providing services to the organization's membership. Appropriated funds will be specifically used for the purchase of supplies and materials for both Friends activities and museum programs ($3,500); paid advertising for special events ($1,500); printing of quarterly newsletter and postage for mailing it and other member notices ($2,500); and, to purchase furnishings and historically appropriate artifacts for public exhibit ($7,500). Public Information: Information will be disseminated to the public through the normal Council process involving the advertisement of City Council agenda. Alternatives: Not appropriate the funds. Recommendations: Adoption of attached ordinance Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Department of Museums and Cultural Arts City Manage,��&.. tc 17wuok :IDatalATY\OrdinINONCODE\Friends Trust Fund.wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO APPROPRIATE $15,000 FROM THE FUND BALANCE OF THE FRANCIS LAND HOUSE TRUST FUND TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO PROVIDE SUPPORT FOR PROGRAMS, EVENTS, EXHIBITS AND GENERAL OPERATING EXPENSES AT THE FRANCIS LAND AND ADAM THOROUGHGOOD HOUSES WHEREAS, $15,000 of fund balance is available in the Francis Land House Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a $15,000 grant is hereby appropriated from the fund balance of the Francis Land House Trust Fund to the FY 2002-2003 operating budget of the Department of Museums and Cultural Arts to provide support for programs, events, exhibits, and general operating expenses at the Francis Land and Adam Thoroughgood Houses, with estimated revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2002. CA -8671 Ordin/Noncode/friendstrustfundord.wpd R-2 October 24, 2002 Approved as to Content: r 1 Management Services Approved as to Legal Sufficiency: Department/)If Law K. PLANNING 1. Variance to Sustain 4.4 Subdivision Ordinance that requires all newly created lots me the requirements of the City Zoning Ordinance (CZO) for FOUR PINES ASSOCIATI L.L.C. at the southwest intersection of West Great Neck Road and Adam Keeling Ro containing 44.46 acres (DISTRICT 5 - L VEN) 2. Petitions re the discontinuance, closure and abandonment of a portions of certain a. DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on the side of Euclid Street, south of Virginia Beach Boulevard, containing 15,111 sq feet. (DISTRICT 2 - KEMPSVILLE) b. DAKOTA ASSOCIATES, LLC to MODIFY the closed area (approved 27, 2002 with five conditions) re Joseph Place, north of Maple Lane. (DISTRICT 6 - BEACH) C. UNITED JEWISH FEDERATION of TIDEWATER re EXTENSION of ti for compliance [approved November 27, 2001, with nine conditions] for discontinuance, closure and abandonment of portions of: • Morris Avenue • Katie Brown Drive 3. Application of CHARITY UNITED METHODIST CHURCH re a Conditional Us Permit for a church expansion and preschool at Charity Neck and Gum Bridge Roads (408 Charity Neck Road), containing 3.58 acres. (DISTRICT 7 -- PRINCESS ANNE) 4. Application of THAO L. NGUYEN for a Conditional Use Permit re a church at the side of Princess Anne Road, south of Green Meadows Drive, containing 1 acre (DISTRICT 2 - KEMPSVILLE) 5. Application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Perm for expansion on the west side of Dam Neck Road, north of Monet Drive (3 312 Dam Nec Road) containing 6.3 acres. (DISTRICT 3 - ROSE HALL) 6. Application of A. J. VENTURES, INC. for a Conditional Use Permit re a carwash, Shore Drive west of Treasure Island Drive (4357 Shore Drive) containing 34,630 squi feet. (DISTRICT 4 - BAYSIDE) 7. Application of PRINCESS ANNE COUNTRY CLUB for a Conditional Use Permit re golf cart storage facility on the northeast corner of Holly Road and Linkhorn Drive containing 16,998 square feet. (DISTRICT 5 - L VEN) 8. Application of JANICE L. ROWLEY for a Conditional Use Permit re a recreational us of an outdoor nature (skateboard ramp)on Summerset Lane south of New Castle Road (808 Surnmerset Lane), and containing 15,225 square feet. (DISTRICT 5 - L VEN) 9. Application of TRITON PCS, Inc. fora Conditional Use Permit re a monopole an stadium light on northwest corner of North Great Neck Road and Shorehaven Drive (242 Shorehaven Drive) and, containing 49.995 acres. (DISTRICT 3 - ROSE HALL) 0 r CITY GF VIRGINIA BEACH U! AGENDA ITEM r + r Ole 0 To: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Four Pines Associates, L. L.C. — Subdivision Variance MEETING DATE: November 12, 2002 Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision ordinance, Subdivision for Four Pines Associates, L.L.C. Property is located at the southwest intersection of West Great Neck Road and Adam Keeling Road and contains 40.46 acres, more or less (GPIN 1499452850). DISTRICT 5 — LYNNHAVEN. Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning ordinance. The proposed lots do not have direct frontage on a public right-of-way. Considerations: There are two existing (2) parcels containing approximately 40 acres. Lot FP -1 (approximately 20 acres) has frontage along West Great Neck Road while lot FP -2 (approximately 18 acres) has no direct frontage along a right-of-way. Both lots are within the Chesapeake Bay Preservation Area and contain environmentally sensitive features such as tidal wetlands and highly erodible soils. For the purposes of constructing a single-family dwelling within the landward 50 feet of the Resource Protection Area, it is the intent of the applicant to subdivide out a 1.58 acre site (Lot FP -3), primarily from lot FP -2, that does not meet minimum lot width. This variance would also "legalize" existing Lot FP -2 (previously recorded by deed), which currently does not have access to a public right-of-way. The legal access for Lot FP -3 and for Lot FP -2 is proposed via a 20 foot wide ingress and egress easement that follows an old farm path to Woodside Lane. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve this request. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1�\���e [::F:O:tUR PINES ASSOCIATES, L.L.C. / # 5 October 9, 2002 UPDATED: October 14, 2002 (ire italics) General Information: APPLICATION H03 -210 -SVR -2002 NUMBER: REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. The proposed lots do not have direct frontage on a public right-of-way. ADDRESS: Southwest intersection of West Great Neck Road and Adam Keeling Road. - .Map H-3 1 Trn'sir P;*2oc A ccnr;ntvc r. T r, RIMY '.• ..��� :� 1499452850, 1499357627 ELECTION J• �� U SITE SIZE: 40.463 acres RI A • • Carolyn A.K. Smith i Ir/ . o WN, S111 Major Issues: • Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance. Planning Commission Agenda 0� October 9, 2002.. FOUR PINES ASSOCIATES, L.L.C. / # 5 •°• Page 1 Gpirt 14-4.-28SO - 35-7617 GPIN: 1499452850, 1499357627 ELECTION DISTRICT: 5- LYNNHAVEN SITE SIZE: 40.463 acres STAFF PLANNER: Carolyn A.K. Smith Major Issues: • Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance. Planning Commission Agenda 0� October 9, 2002.. FOUR PINES ASSOCIATES, L.L.C. / # 5 •°• Page 1 Site Plan / Preliminary Plat: Existing Lots: There are two (2) parcels containing approximately 40 acres. Lot FP -1 (approximately 20 acres) has frontage along West Great Neck Road while lot FP -2 (approximately 18 acres) has no direct frontage along a right-of-way. Both lots are within the Chesapeake Bay Preservation Area and contain environmentally sensitive features such as tidal wetlands and highly erodible soils. /. ~. •_ -.`� yr .. •-. ADAC,STWE ROAD. LOT Flh,* � •1 � , -- ~ _ ,tiff �`� } ,5 '•� ti ', it. . *rr rV. .. *OL� .. • • x,.•ir I / • r. .. +�'- .... \ /�/�'�)r .'.��f.: ., mss. ', '. ~'•-� ,.L'_ a- +�• ter_\' _�• :5' 'i •``M1 if �� r�. Y' .. _r.. I 1. • = � L C)CK C;0,4 S lap OF LYNW Proposed Lots: It is the intent of the applicant to carve out a 1.58 acre site (Lot FP -3), primarily from lot FP -2, that does not meet minimum lot width for the purposes of constructing a single family dwelling within the landward 50 feet of the Resource Protection Area. This variance would also `legalize" existing Lot FP -2, which currently does not have access to a public right-of-way. The legal access for Lot FP -3 and for Lot FP -2 is proposed via a 20 foot wide ingress and egress easement that follows an old farm path to Woodside Lane. lem Reguired Lot FP -1 LQt FE!- FP -3 Lot Width in feet 125 143.8 0* 1 0* Lot Area in square feet 40,000 871,935 820,901 I 69,245 *Variance required Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L.L.C. 1 # 5 Page 2 Land Use, Zoning, and Site Characteristics Existina Land Use and Zonin The heavily wooded, vacant site is currently zoned R-40 Residential District. The site is a part of a large family farm consisting of a farmhouse and accessory structures, two single-family dwellings to the south, equestrian areas and cultivated fields. Lots FP -1 and FP -2 are currently under cultivation. Surrounding Land Use and Zoning North: Woodside Lane • Single-family dwellings / R-40 Residential District South: • Single-family dwellings 1 R-40 Residential District East: • West Great Neck Road f R-40 Residential District West: • Single-family dwellings 1 R-40 Residential District Zoninq Histo!y Since 1989, the City Council has reviewed six subdivision variance requests in the vicinity of this site, five of which have been approved. The majority of these requests were granted for parcels that lacked the required street frontage but met and often exceeded the minimum lot size. Several of the variances granted were for property, in close proximity to this request, which members of the applicant's family have owned for many years. Air installation Com patib� Use Zone (AICUZ The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics This site is located in the Chesapeake Bay watershed. Portions of the property are located in the Resource Protection Area (RPA), the more stringently regulated land within the Chesapeake Bay Preservation Area, and contain tidal wetlands and highly erodible soils. There are also a large number of mature hardwoods on the site. Public Facilities and Services Water and Sewer Water: There is an 8 inch water main fronting the north side of the property, in Woodside Lane and Adam Keeling Road. There is a 16 inch wafer main in West Great Neck Road. This subdivision must connect to City water. Sewer: There is an 8 inch sanitary sewer main in Woodside Lane fronting Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L.L.C. / # 5 Page 3 the property and 8 inch sanitary sewer force main in Woodside Lane and Adam Keeling Road fronting the property. These lines connect to a 16 inch Hampton Roads Sanitation District force main located in West Great Neck Road. This site must connect to City sewer. Should this variance for this one lot be approved and plans for a dwelling on the lot be submitted, calculations will be required from the applicant to determine where the water and sewer connection should be made (Woodside Lane or West Great Neck Road). Comprehensive Plan The Comprehensive Plan identifies this area of the City as Suburban Residential/Low Density, an area planned for residential uses at or below 3.5 dwelling units per acre. Evaluation of Request Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring .a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning Ordinance incorporated by reference in this ordinance. The Chesapeake Bay Preservation Area Board reviewed and approved a request for land disturbance in the Resource Protection Area for the construction of a single-family dwelling on November 27, 1995, with the following conditions: • The limits of construction on the proposed building site shall be identified on a revised site plan and must be approved by the Planning Department. All accessory structures must be shown on the resubmitted plans. No development activity shall occur channelward of the landward 50 feet portion of the 100 foot buffer. Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L.L.C. I # 5 Page 4 Tree mitigation for trees six inches in caliper and greater shall be at a 3-1 ratio. • All of the property located outside of the defined limits of construction shall be left in a natural state. • The septic tank primary and reserve drainfield areas shall be shown on the site plan and must be located outside the seaward portion of the 100 foot Resource Protection Area buffer. • A revised site plan meeting the above conditions shall be submitted to the Planning Department for a full plan of development review and approval prior to the issuance of a building permit. Subdivision variances have been granted previously, on four separate parcels, to provide for residential development on this family owned property. The proposed lots are part of the Addington family farm, which was divided by deed into large parcels. The current request would permit the applicant to create this lot, the building area of which was allowed by the Chesapeake Bay Board in 1995. The applicant now needs to legally record this lot prior to anticipated changes in the rules for the Chesapeake Bay Preservation Act. Those rules may have the result of making the creation of this lot impossible. Unless this lot is recorded prior to those rules, the applicant's rights to development as granted by the Chesapeake Bay Board will be eliminated. The natural resource impact on this site of the Chesapeake Bay Areas and the potential modifications to the regulations have resulted in this applicant's hardship necessitating this request for a subdivision variance. Discussions with the Addington family and a recent informational submission (not formally submitted) to the Chesapeake Bay Preservation Area (CEPA) Board indicate that the owners of the farm are exploring several possible development scenarios. An orderly development plan will hopefully alleviate the need for future subdivision requests for individual lots as well as provide City water and sewer to this parcel as required by the Department of Public Utilities. While the CBPA Board did allow for a septic system, Public Utilities does not feel that connecting this lot to City water and sewer is beyond normal requirements and will thus require that connection. Should this variance for this one lot be approved and plans for a dwelling on the lot be submitted, calculations will be required from the applicant to determine where the water and sewer connection should be made (Woodside Lane or West Great Neck Road). While the proposed 20 foot wide ingress and egress easement on Woodside Lane is adequate and acceptable for this one lot and Lot FP -2, should this farm develop in the future for large -lot single --family dwellings, this access would not be appropriate. This area of Woodside Lane possesses several characteristics that would present a number of traffic hazards should it be used as an access for the full development of this site. Any full development of the site should access from West Great Neck Road for both permanent and construction access. [NOTE: plans submitted to the CBPA Board for a possible full development of the site do show all access from West Great Neck Road]. Staff concludes that "authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected." This request for a subdivision variance is, therefore, recommended for approval. NOTE: Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation. Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L.L.C. / # 5 Page 5 Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L.L.C. t # 5 Page 6 GREAT WEST ADA KEELING - ROL) Lu A LOT Vw* Lu 41L 4tip 71. Al 4A4:�P? 0 C C)P LYW;Vkq'--' LEGEND Z Planning Commission Agenda October 9, 2002. . . . . FOUR PINES ASSOCIATES, L.L.C. I # 5 .. ... .. Page 7 gai v '4:1 7,ea... - :l.- rte. •, _ Planning Commission Agenda October 9, 2002 #' FOUR PINES ASSOCIATES, L.L.C.1 ## 5 �+'°••••- Page 8 . x.l SUBDIVIS.IO.N VARIANCE CITY OF VIRGINTIA.:BEACH DISCLOSURE STATEMENT 1 r� r : Applicant's Name: ���z. [_/ ��,'L ; �`t 5. /1 -% ? �.-= C'_ • t List A11 -Currertt � � .+. _ . _ Property Owners: '�E:c� �.�, i.ci��� -.�� ;Y _ t i I i PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officer- of the Corporation below: Muria,'. list if necessarv) t If the property ow -n r is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIlATION, list � d members or partners in the organization below: (Attach list if necessary) i i Check here if the property owner is NOT a corporation, partnership, firm. or other unincon-lorated organization. If the applicant is nor Me current owner of the property, counplele cite Applicant Disclosure suction below: i i APPLICA:N'r DISCLOSURE If t'le applicam is a CORPORAT30N, list all officers of the Corporatism below: rAttach lis: ifne,;essaq --_ ......... e ;i the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list ail members or partners in the orgnization below: (.Attach list if necessary I 3 Check here if the applicant is NOT a corporation. partnership, firm, or other unincorporate{'. "4�1tai, atiott, '. CERTIFic.An N: I certify that tete information contained herein is trite and accurate. I Si2nat e, ;-aunt ��5 CCS Print Nam Rev '+:; SAPS � .C� Rp Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L.L.C. I # 5 +�'�°° �•��''�� Page 9 F6(.I.t' PITIES �SSbCiQt�S, �- � c Planning Commission Agenda October 9, 2002 L` FOUR PINES ASSOCIATES, L.L.C. ! ## 5 =`•••••'`°'•� Page 10 Margaret Dei! an Partners Kemp P. 1 '11. Custodi for William Harrison HIil Nancy A. Knight Kemp P. Hill, Custodia-- EEzabeth .D. Addington for Mat e w K. Hill William F. Addington, Jr. Kemp P . K -ii. Custodiar, Eric W. Addington for Ed; -a;d P. Hill Robert C. Addingtoa Anne B. AddYngton Ke-mp P. Hill, Custodian for Virgulia H J. C. Addington, III Joseph C. Addington, Jr. William M. Passana, irI Heiez Addington Passart:� Leslie H. Passano Margaret A. Twohy Kemp P. Hill Joanne Bartlett Kevuz ��ic hoe Is Hugh T. Addington Frederick �apalita3no Me4iick Murray Jane i Irrei1 Elizabeth A. Two' Dabney ?Napolitano Helen Arlittemore Planning Commission Agenda October 9, 2002 L` FOUR PINES ASSOCIATES, L.L.C. ! ## 5 =`•••••'`°'•� Page 10 Item #5 Four Pines Associates, LLC Appeal to Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance Southwest intersection of West Great Neck Road and Adam Keeling Road District 5 Lynnhaven October 9, 2002 REGULAR Ronald Ripley: Okay. This portion of our meeting now will be items that are to be heard in its regular order on the regular agenda. And I do want to remind everybody you need to adhere to the rules. In fact, I think we might even have some discussion on the amount of time on these rules. Let me get through this. I want to make everybody aware if you have speakers that spoke before you not to be redundant. And I certainly don't want to limit anybody's rights to discuss something but I do want to get through this matter. We do have seven items to hear and we could be here a long time hearing these seven because we want to be as thorough as we need to be so that both sides are fairly heard. So, if you give me one second. Alright. Let's start with the first item and Mr. Miller will you please call? Robert Miller: First item is Item #5, Four Pines Associates, L.L.C. Are you Nancy Knight? Nancy Knight: Yes I am. Thank you. I thank the Council for the chance to see me today. I'm a manager of Four Pines Associates. One of four managers. And I'm presenting a request to preserve our Chesapeake Bay Board variance that we obtained in 1995. This has been a lengthy process. We've had years of engineering surveys and separate sites picked out with regard to the topographical consideration of the land and also the privacy of the homeowners. Not just the homeowners within our property of Four Pines and the adjacent properties but also those given consideration to Woodhouse Lane and Adam Keeling. Our family farm actually is divided in several different parcels. And some of the opposition that I've heard from just yesterday and today when I understood they were there is that there is development going on Woodhouse Lane now and stops to Lynnhaven. My application has nothing to do with this development. It is on Woodside Lane. My application is only to preserve what I already have. Given the fact that the State of Virginia is coming with some legislation in the spring and we had no immediate plans to develop my one lot with any parcel. It's so far back into the trees that the closest access that I have is an existing barn road that my grandfather had there. And this is my personal lot. I am a member of Four Pine Associates so I am here representing myself as a potential homeowner. And because these items have to be put to record is what I understand before we can even develop a site plan, I'm sorry a building plan, for a single family home. That's the reason why I'm here is to ask for that variance for the ingress/egress to this property. Thank you. Ronald Ripley: Is there any questions for Ms. Knight? No questions? Okay. Thank you very much. Nancy Knight: Thank you. Robert Miller: We have opposition. Dennis Hobbs? Dennis Hobbs: Commissioner. Council. I'm President of the Great Neck Point Civic League. And I've had several calls over the last couple of days about this proposal. We do not object to the variance. What we object to is the location of the access road for the construction on the piece of property here and the future development that is part of this whole plan. The proposed access road comes in off of Woodside Lane. It comes down, goes down through and to the dot there. This is to be used as a construction road and also a utility hookup will be on Woodside Lane, which we also object to. We feel that it's better both to have the access road come in off of Nest Great Neck Road and Addington Road where there's already an existing road off of Addington Road that goes back almost Item #S Four Pines Associates, LLC Page 2 to the property in question. And also we feel that the hookup for the utilities for that and for future development would be a benefit by going up to West Great Neck Road which has a larger utility sewer main and water main. Thank you. Ronald Ripley: Do you have any questions of Mr. Hobbs? John Baum: I wish we all could have discussed this if we had a map we could read. Ronald Ripley: There is a pointer. Can you see? It's not a pointer it's a little laser. I assume it works. There we go. Can you point out? You said there's a construction road? Dennis Hobbs: This is the proposed construction road right here. The entrance off of Woodside Lane it comes down this way down here into the lot in question right here. There's an existing road that comes down and off of, this is Addington Road right here, it comes down off of Addington Road and comes down into the woods right here. Which is already there. Like I said we feel that this road would be much better used and it's already existing road rather than creating a construction entrance over here, which is right across the street from the preschool that exists in the church. And I have a letter from the church objecting to that entrance. Ronald Ripley: Mr. Miller has a question. Robert Miller: When you say a construction road, this morning we got into a discussion about the ultimate development plan. Is that what your referring to? Dennis Hobbs: Part of the application which puts the future development plans in there is the creation of the twenty foot wide construction road at that point right there. Which is now a ten -foot gate that allows the entrance of farm equipment, tractors and things usually in the spring and then in the fall but, as it hasn't been used in several years because the area is not agricultural. Robert Miller: But you understand that we're not dealing with the ultimate development plan. Dennis Hobbs: Correct. Robert Miller: Construction access. All we're dealing with is this one lot and are you now referring to that fact that there's construction access through this ingress/egress easement for the one house? Dennis Hobbs: Yes sir. Robert Miller: That is of concern? Dennis Hobbs: Yes sir. Robert Miller: For one house? Dennis Hobbs: Well. Robert Miller: Or is it really for the potential other houses that will be there. I'm just trying to clear up because we had confusion this morning. Dennis Hobbs: It is both because once you build the road then any future development is going to be through that road. Robert Miller: Well, not necessarily. But that's not what we're dealing with today. We're dealing with the one lot and the one particular situation. So, we were confused some this morning and I think it is perhaps a confusing issue because there's a potential that this property will be developed into other lots. And I think again, reading between the lines the real concern is that if you're building one house, maybe that's not as, 1 don't Item #5 Four Pines Associates, LLC Page 3 want to speak for you but that perhaps is not a big a deal but if you were to be building 40 houses, that might be of a greater concern. And perhaps that is what we should really be talking about. I'm just trying to clear up. I don't think we're dealing with an issue of construction access at least not in my mind for one house. And listening to you, I don't see that same assumption. Dennis Hobbs: It is my understand that the Phase II and Phase III plans were part of this original, this variance right here because it had to be that way from Planning. That's my understanding of the thing. And as such, it brings to light the fact that this is the construction. Robert Miller: Can I ask her? Carolyn, am I misunderstanding. Aren't we clear that this is only dealing with the one lot, the CBPA approval in 1995 and the ingress/egress to that lot but not to the proposed subdivision that may come in some point? Carolyn Smith: Correct. And it was the application to the Chesapeake Bay Board for a similar lot or for another lot. Robert Miller: You just need to pull it down. Carolyn Smith: Another family member has recently submitted a request to the Chesapeake Bay Board. The Chesapeake Bay Board said to them we would like to look at a conceptual plan of the entire farm as to how you're going to deal with the entire 40 acres instead of just this piece now. Subdividing. And that's what generated the concept plan that they're talking about. Robert Miller: But that's at the CBPA Board and not for us to decide on today? Carolyn Smith: Correct. Ronald Ripley: Betsy Atkinson got a question? Betsy Atkinson: Yeah. But, Carolyn is that conceptual plan at this point showing a major ingress/egress access into the 40 acres through this particular barn road. Is that where the main entrance feature to all the new homes would be or can that me moved? Carolyn Smith: The main entrance and I think the only entrance shown on the concept plan is off of West Great Neck Road. What's shown on there is also the existing conditions which includes that little farm lane and that does go to Woodside Lane but the farm lane runs through the middle of some lots. It's highly unlikely that would be used the way that it's shown on this plan. Betsy Atkinson: So? Dennis Hobbs: We have a copy of the proposal with Phase II and Phase III. Betsy Atkinson: We haven't seen that. Can you share that with us? Robert Miller: Mr. Hobbs, we have a copy up there. Betsy Atkinson: My question for Carolyn. This is going to be the main ingress/egress. I understand the neighbors concern but if it the whole subdivision is going to come in off of West Great Neck Road and maybe one little road that goes out to goes out to Woodside that would. Dennis Hobbs: The way that I read the plan, they're going to use this road right here as the construction entrance and construction for all of the development is going to take place on this whole 40 acre piece of property. Eventually, the road will come in, like I said on that -little existing dirt road that comes in here, it will hook around and will be kind of like a circle here. Phase II comes down past this right here and ends in a little cul-de-sac, which still uses this road as the main construction entrance. Then Phase IH Item #5 Four Pines Associates, LLC Page 4 still uses this construction entrance and then eventually they circle this around and there's this one entrance over here. They close this over here. But we're talking about a period of probably ten years where we are going to have construction traffic coming through this entrance here and that's what we're objecting to for both the initial lot right now and any future development. Like I say, it is my understanding that this part or was part of this variance. That's all I have. Ronald Ripley: Any other questions? Robert Miller: They're no other speakers. Ronald Ripley: No other speakers. Okay. Alright. Ms. Knight, would you like to come back up? Any rebuttal? Nancy Knight: I'm very thankful that you have them here to come before this Council and tell us what their concerns are. Because I really believe and I know that our grandfather believed in this as well that the concerns of those around us and their privacy are certainly a concern of ours as well. As a matter of fact, the neighborhood that they enjoy was part of our farm and I had a direct participation in developing the Keelingwood Subdivision. Many of the letters and emails that we've gotten yesterday and today were people who live as far as eight tenths of a mile away. And I'm not good at using this as pointer but I'm going to try here. Thank you. That would be a great overall aerial would help a lot. Yes, okay. Alright. Addington Road and West Great Neck, this entrance here is the original two-lane road that came off of the old bridge. Okay. This was our family farm that was condemned by the State of Virginia back in the 70's and this Great Neck Road came through. The beautification of Great Neck Corridor was directly in response to us in that condemnation of the land, which the State of Virginia took. Okay, then we took pride and it's made a beautiful area. A lot of the emails right here. Their big concern is this is a private. This is not our idea in the very beginning. And history will tell us that, if you look into this. This was the attempt of the engineers to make a better plan for traffic. As far as Adam Keeling Road goes and this is the stop sign in question, this area right here where All Saints Church is, this whole area here. Their entrance is closer to the stop sign than 190 feet, which our entrance and this is just a temporary old entrance of my grandfathers. This is called the Old Barn Road at one time and the farmers still can use it if they need too. It's not intended to be a construction road. This is a 190 feet from that stop sign. Engineering from WP Large who we've been working with has checked the radius of the road. There was a question of it being a dangerous corner. Certainly with the preschool in that church area and the concerns they have about people going in and out, there's a parking lot entrance here and a parking lot entrance here. And the opening to this gate is not in direct opposition to any opening with All Saint. It's kind of like in the center. Continuing with this, Keelingwood is this whole development here. It's a 20 -acre tract. Within this site area, there is 60 acres, 20- acre parcels. There's 20 here, 20 here and roughly 20 here. The reason why it's only listed as only 40 is because this property this lot that we are trying to carve out and mind you the topographical features and giving the Chesapeake Bay one recommendation is to do the best use of this land on the water. The best consideration we can. In order to do that what they had told us with the utilities commission. They said that this whole area is zoned R-40. And it's in the 270. I'm not really sure what that means. The engineer in that office had said that the eight -inch utilities pipe that comes in here off of Woodside Lane would support the R-40. The way this whole area is zoned. There is a concern that there's a greater sewer pipe up here, sixteen inch but our whole family planned. And, speaking as a member of the family my fathers, it's my grandfather's, my father's father. Ronald Ripley: Ms. Knight? Nancy Knight: I can say that very quickly that this has always remained to be a beautiful jewel in Virginia Beach's crown and we are looking just to take care of that one lot. And I hope that addresses some of their concerns. Thank you. Ronald Ripley: Thank you. Any other questions? We'll open this up for discussion. Anybody go first. Bob? Item #5 Four Pines Associates, LLC Page 5 Robert Miller: Yeah. I think, obviously the confusion comes in when you're dealing with a master plan that eventually may come about. And then dealing with the current situation, which is one lot and the CBPA approval that was granted in 1995. I don't really see the ingress/egress easement, which allows access to that particular lot as an issue of any great concern to me, particularly from a construction point of view. As the plans would come forward for something later on that's going to have to be dealt with by staff. Actually, it won't even come in front of us unless there's an issue that goes through another subdivision variance issue or something like that. So, I don't have a problem with the way it was proposed and with making sure that we bring this lot into conformance based on the CBPA approval. John Baum: Is that a motion? Robert Miller: And I will so move. Betsy Atkinson: I will second it. Ronald Ripley: I to, before we vote. I don't see the nexus between the two either. One's a variance for the use and another is a by right issue. If it's an open space application then it would come before us and it would have to decide. I don't see the problem either. So does anybody else wish to discuss it? We have a motion by Bob Miller and a second by Betsy Atkinson to approve the request. We're ready to vote. AYE 11 NAY 0 ABSENT O ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 11-0, the motion passes. Page 1 of 1 Carolyn Smith - subdivision variance #ho3-210-svr 2002 From: <Pcnorris1934@aol.com To: <planadm@vbgov.com> Date: 10/712002 1:58 PM Subject: subdivision variance #ho3-210-svr 2002 Attn: Carolyn Smith To whom it may concern: I am writing in reference to the variance requested to put a construction entrance on Woodside Lane. As a resident on Woodside Lane, I can assure you that we are already overburdened with construction vehicles coming and going to Holly Point and to the new development underway—Estates on the Lynnhaven. Woodside Lane is a dead end Street, so all vehicles must pass our homes coming and going. There are many children on our streets and this increases the already existing dangers created by these irresponsible construction vehicle drivers. Please help us protect our children and refuse the construction access on Woodside Lane. Vote against the variance requested by Four Pines LLC on Wed. Oct 9. Princess Norris 1934 Woodside Lane VA Beach 23454 481-4820 file:HC:\Documents%20and%20Settingslcaksmith\Local%20Settings\Temp\GW 100003.H... 14/7/2002 } Carolyn Smith subdivision variance ##H03-210SVR-201 From: Mark P Birkenbach <bsanza5@juno.corn> To: <planadm@vbgov.com> Date: 10/8/2002 1:31 PM Subject: subdivision variance #H03-210SVR--2002 Dear Sirs, This is in response to the letter sent on Sept. 24, 2002 regarding a public hearing for the above subdivision variance. I am a homeowner in the Keelingwood area of Great Neck Point in Virginia Beach and am writing this e-mail to make known my wishes regarding the Four Pines (Addington Farm) variance proposal. I respectfully request that no dirt/construction road be placed off Woodside Lane. It is already a heavily traveled road and children must have access to school buses that stop there without the potential for any more harm than needed. And this is not needed. Access can be through the extension of west Great Neck Road with much less potential for accident. In addition, because of our already overflowing and problematic drainage concerns, I am requesting that the developer of the above property not cut comers by using the Keelingwood drainage system but proceed with building their own. Sewer lines are already overtaxed greatly, and this is simply a means to piggyback and cut costs with potential for disasterous consequences for all concerned. I believe in this regard, I speak for a number of families in the neighborhood. Please note that as a homeowner, I am not against development and I welcome the addition of new families to our neighborhood. I would just like for the building and consideration of families already there to be responsible. I feel very strongly about these issues and am prepared to lend my voice to their furtherance. I thank you for your consideration of my concerns and am anticipating that they will be properly addressed in this public hearing in a sensible and solution -oriented manner. Yours very truly, Pam Birkenbach 1804 Keelingwood Lane 412-1248 iu/ too/ AUVA ct . 00 rAA r a l avb i zvu City of Virginia Beach Department of Planning Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23 456 Gene Hensleigh 1947 Woodside Lane Virginia Beach, VA 23454 Bear Planning Commission M 14&=V lzr lilt, wi WY October b, 2002 I am writing you today to voice my opposition to SUBDIVISION VARIANCE 4H03 -210 -SVR- 002. This variance will allow Four Pines Associates to open a 20 -foot aide construction entrance on Woodside Lane. Woodside Lane is currently hadliconstruction traffic for 2 developments at the end of Woodside Lane aid South Woodside Lane. The proposed construction entrance is very close to a stop sign at the intersection of Woodside sane and Adam Ke ling Road, which would create a bottleneck for the flow of traffic. Also, oodside Lane is very narrow at the proposed construction entrance. There i� plenty of room on Nest Great Neck Road for a construction entrance. a only traffic on that part to West Great Neck Road are the vehicles going to the Addington Farm. Please, do not add to the already heavy construction traffic on Woodside Lane. There is a better alternative on West Great Nec Road. Si,erely, Gene Hensleigh Page 1 of 1 Stephen White - subdivision variance #H03 -210 -SVR -2002 From: "Judi smith" <cheethamsmith @ hotmail.comL> To: <planadrn @ vbgov. conv Date: 10/8/2002 10:53 AM Subject: subdivision variance #H03 -210 -SVR -2042 I object to the variance as a hardship that does not exist. How does a hardship apply? Clearly there is frontage on W. Great Neck Rd to serve their purpose. Why should the hardship be placed on the existing neighborhood? The frontage on W. Great Neck is accessible, a dead end which serves no purpose to the Great Neck Community or to the Great Neck Point subdivision but it is a public right of way serving the whole Addington farm. Would the increase in traffic be a burden to the vacant land? Utilities are available for usage and the new subdivision would not have to tap into the Great Neck Point already stressed public utilities. The property is recorded as being located on W. Great Neck Rd. and Adam Keeling Rd. Why infringe upon the residents of Woodside Ln. and it's feeder roads? With new construction on the other end of Woodside Ln. adding more traffic, unnessesarily would be a detriment to our community. Please reject this variance. We, residents of this Great Neck Point community, pay high property taxes and our voices should be heard. Is it unreasonable for the residents of Addington Farm as the primary developers to bear the hardship? How can a hardship exist when there is a very large tract of land? I live on Brock Cove, adjacent to the new developement , and was not notified of this variance. I am directly effected by this development but was excluded by your office. Judith C. Smith 1816 S. Woodside Ln. Va. Beach, Va. 757 496-9520 Join the world's largest e-mail service with MSN Hotmail. Click Here file:IIC:lDocuments%20and%20SettingsLswhitelLocal%20SettingslTemplGW }00003.HTM 1018/2402 BOWERMAN & WILLIS ATTORNEYS AND COUNSELORS AT LAW M. E BaweRMAN 708 S_ Rosemowr ROA). I ST FLOOR PH: (757) 431 -4000 Ros R. WR.us VIRWMA E3EACH. VIRcmw 23452 FX: (757) 431-8258 October 9, 2002 City of Virginia Beach Department of Planning VIA FAX 426-5667 Municipal Center, Building 2 Room 115 2405 Courthouse Drive Virginia Beach, VA 23456-9040 RE: Subdivision Variance (#H03 -210 -SVR -2002) Appeal to Decisions of Administrative for Four Pines Associates, L. L. C, Property is located at the southwest intersection of West Great Neck Road and Adam Keeling Road and contains 40.46 acres, more or less (GPIN 1499452850). District 5 - Lynnhaven. Gentlemen: I reside at 1824 South Woodside Lane (Woodside), and understand that the captioned appeal/variance request involves, in part, requests to connect to the 8 -inch sewer and water lines on Woodside, and to create a `construction road' exiting on Woodside Lane, for the Four Pines Development. We, like many of the 50-60 property owners on Woodside, object to approval of these requests. Woodside is a narrow two-lane street at the point it abuts (for about 200 feet) the Four pines parcel, and is the only ingresslegress for 50-60 homes (with 2-3 vehicles each) and the All Saints Episcopal Church. It outlets on Adam Keeling Road, which curves sharply to a stop sign at its intersection with Old Great Neck Road. The homeowners on Woodside have already endured some 4 years of construction vehicles, with the development of Heron's Roost, and are looking at another 4 or so years with the development of Estates on the Lynnhaven." This has been unavoidable, as South Woodside Lane is the only access to both developments. We should not, however, unnecessarily have the additional construction traffic for 44-50 lots in the Four Pines Development added to this, particularly when that property fronts on Old Great Neck Road extended, which latter provides more direct access to Great Neck Road, and to the water and sewer facilities along it. It is not necessary for Four Pines Associates, L. L.G. to access their parcel, or City sewer and water, from South Woodside Lane, and allowing them to do so would be an arbitrary and unnecessary further imposition on the property owners along South Woodside Lane, as well as the Great Neck Point area generally. Very truly yours, i� Michael E. Bowerman MEB:p +++++ ALL SAINTS' EPISCOPAL CHURCH +4-++ 1969 WOODSIDE LANE, VIRGINIA BEACH, VIRGINIA 23454 The Rev. Stanley W. Sawyer, D.Min., Rector October 9, 2002 City of Virginia Beach Department of Planning Municipal Center, Building 2, Room 115 2405 Courthouse Drive Virginia Beach, Virginia 23456 Re: Subdivision Variance (#H03 -210 -SVR -2002) Planning Commission: While All Saints' is not opposed to the development of the property, we are concerned about the proposed location of the construction access road. we are concerned that construction traffic directly across the street from the Church would create a hazard not only to the children who attend the Day School located at the church, but the groups which meet at the church on a regular basis. We would strongly encourage the access road be placed on the other side of the property so as to not intrude on the neighborhood. SwSlmw Sincerely, The Rev. Stanley W. Sawyer, D.Min. Rector TELEPHONE: (757) 481-0577 ❖ FAX: (757) 481-4639 •.- E-MAIL: allsts@infi.net Page 1 of 1 Carolyn Smith - Subdivision Variance #H03 -210 -SVR -2002 From: "powells-sealivn" <powells-sealivn a@cox.net> To: <planadm a@vbgov.com> Hate: 101$12002 4:53 PM Subject: Subdivision Variance #H03-21 a -SVR -2002 October 7, 2402 We hereby request that the above subdivision variance be denied. Request that there be no public access from Adam Keeling Road and Woodside Lane for the proposed lot. Request that public access for the proposed lot be from West Great Neck Road. Request that city water and sewage hookup for the proposed lot be from the lines on West Great Neck Road. We are aware of the tentative subdivision drawings for the Four Pines Associates/Addington Farm that were drawn up 7122/02 by WPL one day after the above variance drawings were. We are aware that these drawings were given to the city's CBPA and planning departments on 1414102. It is clear from this information that the 20' wide gravel road would serve as a route for all construction vehicles into phase three of the development of the farm. The drawings clearly show a new entrance off West Great Neck Road being put in place for the farm subdivision. Note: There is not a dirt farm road off of Woodside Lane. There is a gate that leads to a farmed field. There are 183 existing homes in Great Neck Point off Adam Keeling Road and Woodside Lane. There are approximately 31 more homes to be built off Woodside Lane. There is enough construction traffic on Adam Keeling Road and Woodside Lane. There are ten trips by City School buses Monday -Friday on Adam Keeling Road and Woodside Lane. All Saints Church is on the corner of Adam Keeling Road and Woodside Lane. This church also runs a private school thru kindergarten Monday -Friday. It is clear that the intention of this variance request is to ultimately keep the construction traffic out from the front of the Addington Farm and off of Addington Road during the development of the farm. Beach and Leslie Powell 1950 Woodside Lane Great Neck Point file:HC:1Documents%20and%20Settingslcaksmith\Local%20Settings\Temp\GW} 00002.H... 10/9/2002 Page 1 of 1 Stephen White - Subdivision Variance (# H03 -210 -SVR -2002) From: "Kelly Law" <Kellyl@a almarine.com> To: <pianadm@vbgov.com> Date: 10/9/2002 10:16 AM Subject: Subdivision Variance (# H03 -210 -SVR -2002) Dear Sir, I am an adjacent property owner to the subdivision for which this variance is being sought. I am opposed to this variance and my reasons are twofold. Foremost, I am concerned that this variance, if granted, will allow the establishment of a construction road entrance directly across a small neighborhood street from an elementary school and church. All of my children have attended this school and I have witnessed first hand the chaos which envelopes the parking lot when ninety to one hundred small children are released from school at the same moment. Construction vehicles, by there very nature, are higher and have less visibility than ordinary vehicles. The proposed construction road would pose a certain danger to the children attending the school. Secondly, I am opposed to this construction road because it will further congest the traffic flow on Woodside Lane. This area of the Great Neck Point Neighborhood has grown a great deal in recent years and a large new development (Estates on the Lynnhaven) which is slated to begin construction soon promises to increase the traffic flow even further. It is my understanding that another option exists that would allow construction vehicle access to the proposed construction sight. There is an existing private road which intersects this forty acre subdivision which could easily be used to provide access. This private road is presumably jointly owned by all the principles involved in this and future development of the subdivision. This option would allow the access needed without endangering any children or congesting an already overburdened neighborhood street. Thank you for your attention to this letter. Sincerely, Kelly L Law 757 226-7671 file://C:IWINNT1Temp1GW }OOOIO.HTM 10/9!2002 AA..•, 74-7 !7 W'k a A • ! t ond IPA 16 AFA Gpin 1499-4.2850 - 3.7627 ZONING HISTORY 1. Conditional Use Permit (church expansion) — Granted 2-10-98 Conditional Use Permit (church) — Granted 11-24-86 2. Subdivision Variance — Granted 8-26-97 3. Subdivision Variance — Granted 2-25-97 4. Subdivision Variance — Granted 1-26-93 5. Subdivision Variance — G ranted 10-9-90 6. Subdivision Variance — Denied 8-28-89 7. Change of Zoning (R-40 Residential District to R-30 Residential District) — G ranted 2-27-89 Subdivision Variance — Granted 2-27-89 8. Subdivision Variance —Granted 1-18-82 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Demetrious Kouloukis — Street Closure MEETING GATE: November 12, 2002 Background: Application of Demertrious Kouloukis for the discontinuance, closure and abandonment of a portion of Admiral Wright Boulevard located on the east side of Euclid Street, 450 feet more or less south of Virginia Beach Boulevard. Said parcel contains 15,111 square feet. DISTRICT 2 — KEMPSVILLE. Considerations: The applicant proposes to close a portion of Admiral Wright Boulevard and incorporate the closed right-of-way into adjoining properties owned by the applicant. The applicant, who owns all property adjacent to the right-of-way proposed for closure, operates an auto sales business and an auto repair business. The applicant has stated that the right-of-way will be incorporated in adjacent parcels, allowing currently separate business operations to be consolidated. The Planning Commission placed this item on the consent agenda because the Viewers have concluded that this street closure will not result in a public inconvenience and there is no identified public need for the portion of the right-of-way proposed for closure. The staff recommended approval and there was no opposition to the request. Recommendations: The applicant has requested that this matter be deferred to November 26, as the applicant's representative is not available. Attachments: Location Map Recommended Action: Staff recommends deferral to November 26. Submitting Department/Agency: Planning Department City Manage Page 1 of 1 Stephen White - Street Closure for Kouloukis - — — _.�. �..-. .T __.._._�_-......-._.�«� - '---- _ `•�'_�ti-_��-_�^r'��eq'r'±t4 �F r. -tee _ _.r.,...�„e--�s ���,�;,.�.,�-.�z.:r�_-T-�+:-�rs�c._•.:.�.,-.s-�-,-.,- — �- From: "Tara Decker' --tarable@sWllingsandrichardson.com> To: "Barbara Duke' <BDVKE@vbgay.com> Date: 1012112002 4:00 PM Subject: Street Closure for Kouloukis Would you be so kind as to continue the case from its currently scheduled date until the next available date after Monday, November 18th. Mr. Richardson is out of the country on vacation on the date currently scheduled. Thank you Tara T. Decker, Paralegal STALLINGS AND RICHARDSON, P.C. 2101 Partes Avenue, suite 801 Virginia Beach, VA 23451 (757) 422-4700 (757) 422-3320 (Fax) file: /IC:1Documents%20and%20SettingslswhitelLocal%20SettingslTemplGWI00004.HTM 10123/2002 Not to Scale Demertnous Kouloukis 000A Ir �� e . — 021 � � � ,yam � � ■ Street Closure ZONING HISTORY 1. Conditional Use Permit (Auto Sales) — Granted 9/18/89 & 5/14/94 2. Conditional Use Permit (Auto Repair) — Granted 4/14192 3. Conditional Use Permit (Auto Sales/Service) -- Granted 9/28/99 4. Conditional Use Permit (Auto Sales) — Granted 1/9189 5. Conditional Use Permit (Auto Sales) — Granted 5/25/92 6. Conditional Use Permit (Auto Sales/Service) -- Granted 3/19/95 7. Conditional Use Permit (Recreational Vehicle Sales/Storage) — Granted 6/9/92 8. Conditional Use Permit (Auto Sales Service) & Street Closure (Jersey Avenue) — Granted 3/14/50 ��. CITY OF VIRGINIA BEACH ! � � U,AGENDA ITEM fq\; " �•ti aVF N1�t40� To: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Dakota Associates, LLC -- Street Closure MEETING DATE: November 12, 2002 Background: Application of Dakota Associates, LLC to modify the area to be closed in the matter of the discontinuance, closure and abandonment of a portion of Joseph Place, beginning 100 feet more or less north of Mabel Lane, running a distance of 67.63 feet along the eastern property line and running a distance of 103.93 feet along the western property line. Said parcel is 50.06 feet in width and contains 3,604.68 square feet. DISTRICT 6 - BEACH. The street closure for Joseph Place was approved by City Council on August 27, 2002 with five (5) conditions. The adopted Ordinance describes the area to be closed as "AREA TO BE CLOSED 3,604.68 SGS. FT. (0.083 AC)". Considerations: On August 27, 2002 the City Council approved a street closure for a portion of Joseph Place for the applicant with the following five (5) conditions. I. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall dedicate right-of-way and construct a cul-de-sac in lieu of the existing through street. A revision to the approved construction plan (DSC File #J06-519) shall be submitted for review and approval by the Development Services Center (DSC). 3. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels and dedicate the additional right-of-way necessary to construct the cul-de-sac. Any public utility or drainage easements necessary for the new development shall also be dedicated. The plat shall be submitted and approved for recordation prior to final street closure approval. 4. 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 Attachments: Ordinance Plat entitled "Exhibit A" Recommended Action: Staff recommends approval. 00 Submitting Department/Agency: City Attorney Office City Managers ,� ,,.,_ ,,_A) Dakota Associates, LLC Page 2 of 2 utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 5. 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 recorded within one year of the City council vote to close the right-of-way this approval shall be considered null and void. The applicant is only requesting to modify the area proposed for closure and is not requesting to modify any of the above conditions of the street closure. The adopted Ordinance currently describes the area to be closed as "AREA TO BE CLOSED 3,604.68 SQ.FT. (0.083 AC)". The applicant is requesting to reduce the area to be closed to 31589.47 SQ.FT. (0.082 AC). The modification involves a change to the angle of the southern boundary of the street closure. The property lines on the west side of the portion of Joseph Place to be closed are angled to the right of way whereas the property lines on the east side of the portion of Joseph Place to be closed are perpendicular to the right of way. The southern boundary of the street closure was initially drawn across the right of way as an extension of the angled property line. The applicant and city staff concur that the plat should be revised to draw the southern boundary of the street closure perpendicular across the right of way, thereby reducing the area to be closed by 15.21 SQ.FT. (0.001 AC). Recommendations: The modification of area requested by the applicant will correct an error on the plat and will only reduce the area of the street closure by approximately 15 square feet. Staff recommends approval. ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS JOSEPH PLACE AS SHOWN ON THAT CERTAIN MAP ENTITLED: "EXHIBIT "A" SHOWING RIGHT OF WAY TO BE CLOSED" A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, on August 27, 2002, Dakota 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; ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA TO BE CLOSED 39604.68 SQ. FT. (0.083 AC)" shown as the cross -hatched area on that certain plat entitled: "EXHIBIT "A" SHOWING RIGHT OF WAY TO BE CLOSED" a copy of which was attached thereto as Exhibit A. WHEREAS, it was the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions being met on or before August 26, 2003; follows: WHEREAS, it is requested that the area of Joseph Place to be closed be modified as ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated as "AREA TO BE CLOSED 3,559.47 SQ. FT. (0.082 AC) shown as the crossed -hatched area on that certain plat entitled: "EXHIBIT "A" SHOWING RIGHT OF WAY TO BE CLOSED" a copy of which is attached hereto as Exhibit 'A'. WHEREAS, said request appears reasonable and is recommended for approval. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Virginia Beach, Virginia, that the hereinabove Ordinance be modified to discontinue, close and vacate the hereinabove street as follows: ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated as "AREA TO BE CLOSED 3,5 89.47 SQ. FT. (0.082 AC) shown as the crossed -hatched area on that certain plat entitled: "EXHIBIT "A" SHOWING RIGHT OF WAY TO BE CLOSED" a copy of which is attached hereto as Exhibit `A' . The conditions established by Ordinance ORD -27180 adopted August 27, 2002, remain in effect and are hereby amended as follows only to correct the numbering. 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 GPIN: 2407-69-1789, 2407-69-3852 "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall dedicate right-of-way and construct a cul-de-sac in lieu of the existing through street. A revision to the approved construction plan (DSC File # J06-519) shall be submitted for review and approved by the Development Services Center (DSC). -23. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels and dedicate the additional right-of-way necessary to construct the cul-de-sac. Any public utility or drainage easements necessary for the new development shall also be dedicated. The plat shall be submitted and approved for recordation prior to final street closure approval. a4. 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. 45. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered null and void. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of .2002. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: 6,)ee�� _ , , 2 " n � � 14 -0A ---- City Attorney Planning Depart CA -8514 October 10, 2002 C:IDocuments and Settingslbduke\Local Settings\Temp'�modification2 street.ord.wpd 2 09/12/2002 09:45 49B3559 BOUNDARY FIRST PAGE 02 COFR. X002 BOUNOARY FIRST 09/12/2002 09:45 49B3559 BOUNDARY FIRST PAGE 02 COFR. X002 BOUNOARY FIRST United Jewish Federation of Tidewater Page 2 of 2 5. Formal written consent must be provided by the adjacent property owners on Morris Avenue, Mr. W. Leigh Ansell and Mr. Edwin B. Lindsley, stating agreement to street closure and alternative access to their properties. 6. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 7. Alternative access must be provided on the street closure plat for the properties identified as GPIN #1467-82-7483 (Edwin B. Lindsley), GPIN #1467 -92 -1260,1467 -92-1213,1467-92- 8268 1467-92-1260,'1467-92-1213,1467-92- 8268 (Edwin B. Lindsley) and GPIN # 1467-92-1208 (Ansell W. Leigh, et al). 8. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 9. 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. The applicant has secured title from all parties noted in the conditions with the exception of the Commonwealth of Virginia (VDOT). The applicant is currently negotiating with VDOT to work out an agreement that will include a property exchange. The applicant's proposal is being reviewed by VDOT and it is not expected to be finalized prior to November 26, 2002. The applicant is requesting that the time limit imposed in condition #9 above be extended until March 26, 2003 to allow sufficient time for an agreement with VDOT to be worked out. Recommendations: The title issues associated with this particular application are much more complex than most other street closure actions involve. The applicant has worked diligently to complete the title work during the past year. Staff recommends approval of the request for an extension of the time allowed to comply with conditions to March 26, 2003. ORDINANCE NO. 1 AN ORDINANCE EXTENDING .THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 THE CLOSING, VACATING AND 4 DISCONTINUING OF A PORTION OF MORRIS 5 AVENUE AND A PORTION OF KATIE BROWN 6 DRIVE, UPON THE APPLICATION OF UNITED 7 JEWISH FEDERATION OF TIDEWATER 8 WHEREAS, on November 27, 2001, the Council of the City of Virginia Beach acted upon 9 the applications of United Jewish Federation of Tidewater Enterprises for the closure of portions of 10 two streets as follows: 11 1. A portion of Morris Avenue, and 12 2. A portion of Katie Brown Drive 13 WHEREAS, on November 27, 2001 the Council adopted two (2) Ordinances to close the 14 aforesaid streets, subject to certain conditions being met on or before November 26, 2002; and 15 WHEREAS, the applicants have requested an extension of time to satisfy the conditions 16 attached to the aforesaid street closures. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That the date for meeting conditions of closure as stated in the Ordinances adopted on 20 November 27, 2001, upon applications of United Jewish Federation of Tidewater, is extended to 21 March 26, 2003. 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 23 , 2002. 24 CA -8616 25 ORDININONCODEIUJFT.ORD 26 Date: 10/22/02 27 R1 APPROVED AS TO LEGA��- I L S ICIENCY: '�J ��� - City Attorney's Off m rCITY OF VIRGINIA BEACH s 3. AGENDA ITEM S Or OUR 11R1to TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Charity United Methodist Church — Conditional Use Permit MEETING DATE: November 12, 2002 Background: An Ordinance upon Application of Charity United Methodist Church for a Conditional Use Permit for a church expansion and preschool at the northeast and northwest comers of Charity Neck Road and Gum Bridge Road (GPIN 2411547132; 2411632857). Said parcel is located at 4080 Charity Neck Road and contains 3.58 acres. DISTRICT 7 - PRINCESS ANNE. The church proposes to expand the existing two-story building from 13,300 square feet to 19,350 square feet in floor area by adding a two-story addition on the northeast corner of the building. The church also proposes to construct a new parking lot, stormwater management facility and eventually a 5,000 square foot "Family Life Center" on the property across the street, which currently houses the church parsonage. Considerations: The proposed addition is in keeping with the existing architecture. The parking that will be eliminated as a result of the addition is more than accounted for with the proposed parking lot expansion across the street. This expanded parking lot should provide adequate parking for church members and eliminate parking in the grassed area beside the church at the comer of Charity Neck Road and Gum Bridge Road. Additional landscaping along the street frontage in this area should also channel vehicles to a designated point of ingress and egress. The Planning Commission placed this item on the consent agenda because the church use is well established at this location and is compatible with neighboring properties. Staff recommended approval and there was no opposition to this request. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department �. City Manage • � l� Charity United Methodist Church Page 2 of 2 this request with the following conditions: 1. The property shall be developed as shown on the site plan entitled, "Concept Plan for Charity United Methodist Church" dated September 23, 2002 by Gallup Surveyors and Engineers. In the locations shown on the plan, street frontage landscaping shall be installed to meet current plant specifications. Shrubs shall be maintained no higher than three feet in areas where site visibility is compromised. Interior parking lot landscaping shall be added to the parking area to meet current requirements. Credit can be given for existing trees in this area. The exact specifications shall be determined during the detailed site plan review process. 2. The proposed two-story addition shall be constructed as depicted on the elevation entitled, "Charity United Methodist Church, Church School Addition" dated 10/30/01. The exterior materials shall be red brick to match the existing building. 3. The design, materials, and colors of the proposed "Family Life Center" shall be subject to review and approval by the Planning Director or Designee. CHARITY UNITED METHODIST CHURCH / # 26 October 9, 2002 General Information: APPLICATION L17 -210 -CUP -2042 NUMBER: REQUEST: Conditional Use Permit (church and preschool expansion) ADDRESS: 4080 Charity Neck Road ■l Taw "`Y AIA Scale ai� . Map Ch�TnttedI�IethOdxSt ChurchChurchCh t Noto yy 1 AG -2 AG -2) f A Gl� 0" f t f AG -2 ! ° r CZ , t j !, SAG -2 f AG -1 A Q oag\ J2 (spin Z4I1-54-7131 — 0-2857 GPIN: 241 1 5471 320000, 24116328570000 ELECTION DISTRICT: 7 — PRINCESS ANNE SITE SIZE: 0.72 acres (parcel on west side of Charity Neck Road) 2.86 acres (parcel on east side of Charity Neck Road) 3.58 acres total STAFF PLANNER: Ashby Moss Planning Commission Agenda z October 9, 2002. CHARITY UNITED METHODIST CHURCH / # 26 °• �� ��r Page 1 PURPOSE: The church proposes to expand the existing two-story building from 13,300 square feet to 19,350 square feet in floor area by adding a two- story addition on the northeast corner of the building. The church also proposes to construct a new parking lot, stormwater management facility and eventually a 5,000 square foot "Family Life Center" on the property across the street, which currently houses the -church parsonage. The previous conditional use permit for this property did not clearly specify that a preschool was approved for this location, but the expansion approved by the use permit was identified as an "education wing." A preschool has operated at the church since 1985, just after the previous conditional use permit was approved. Currently, 64 children between the ages of two and four are enrolled in the program. The preschool operates Monday through Friday 9:00 a.m. to 12:00 p.m. from September to June. This explanation is not intended to imply that the preschool is operating illegally; the only purpose is to clarify conditional use permit approval of the preschool. Major Issues: • Degree to which the proposal is compatible with neighboring properties. • Providing adequate parking to meet the needs of the church. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zonin The property on the west side of Charity Neck Road is currently developed with a 13,300 square foot church and a small gravel parking lot. A preschool also operates within the church facilities. The property on the east side of Charity Neck Road contains the church parsonage, a playground, and another small gravel parking area. Both properties are zoned AG -2 Agricultural District. The applicant received approval from the Board of Zoning Appeals September 18, 2002 to encroach in the front and side yard setbacks for the proposed building addition. The addition is proposed to sit 14.79 feet from the front property line (the required setback is 50 feet) and 5.39 feet from the side property line (the required side yard setback is 20 feet). They also received a variance to allow required parking for the church across Charity Neck Road on a separate parcel. Surroundinci Land Use and Zonin North: • A single-family dwelling exists north of the subject property on both the east and west sides of Charity Neck Road / AG -2 Agricultural District South: . Three single-family dwellings front Gum Bridge Planning Commission Agenda October 9, 2002 CHARITY UNITED METHODIST CHURCH I # 26 Page 2 Road on the southwest corner of Gum Bridge and Charity Neck Roads / AG -2 Agricultural District • What appears to be a nonconforming commercial business is located at the southeast corner of Gum Bridge and Charity Neck Roads 1 AG -2 Agricultural District East: . Vacant property, potentially wetlands I AG -2 Agricultural District West: Cemetery I AG -2 Agricultural District Zoning History The church was originally constructed in 1941, prior to the adoption of the Zoning Ordinance in 1954. In 1984, the church applied for and received conditional use permit approval to construct an addition to the education building. The use permit did not clearly specify the introduction of a preschool to the property, but that was the likely intent as a preschool began operating in 1985. A request to construct single-family homes on the property west of the church cemetery was denied in 1980, while another request for single-family homes was approved in 1993 on the property across Gum Bridge Road to the south of the church. Air Installation Comoatible Use Zone(AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana and NALF Fentress. Natural Resource and Physical Characteristics A portion of the eastern side of the property that is north of Gum Bridge Road and east of Charity Neck Road is within the 100 -year floodplain. No development is planned for this area of the site. Public Facilities and Services Water and Sewer There is no City water or sanitary sewer available to the property. There is an existing private well and septic system. Health Department approval is required to any additions to these facilities. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Charity Neck Road and Gum Bridge Road are both two lane rural facilities. These roads are not designated on the MTP, and no improvements are scheduled in the current adopted CIP. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Charity Neck Road and Not 7,400 ADT ' Existing Land Use — 121 ADT Gum Bridge Road available 3 Pro osed Land Use — 270 ADT Average Uaily I rips 2 as defined by 13,300 sq. ft. church s as defined by proposed addition and new family center Planning Commission Agenda October 9, 2002 CHARITY UNITED METHODIST CHURCH 1 # 26 Page 3 Public Safety_ Police: No comments. Fire and Since this part of the City has no public water supply system, Rescue: the proposed additions and the original structure may require a fire sprinkler system. This and any other Fire Department concerns will be addressed through the building permit process. Comprehensive Plan The Comprehensive Plan recommends farming, forestry, rural residential, and other rurally compatible land uses for this area. Summary of Proposal Proposal • The applicant proposes to expand the existing 13,300 square foot two-story church and preschool to 19,350 square feet of floor area. The building expansion is proposed on the northeast corner of the building over an existing parking area. • On the opposite side (east side) of Charity Neck Road, the applicant proposes to expand an existing gravel parking lot, relocate a playground, construct a stormwater management facility, and ultimately construct a 5,000 square foot "Family Life Center." Site Design The existing church consists of a 300 -seat sanctuary connected to a two-story building with classrooms, a kitchen, offices, and a fellowship hall. The building is currently "L-shaped," and the proposed expansion is shown on the inside of the "L" creating more of a squared off building. The corner of the expansion is proposed to sit 14.79 feet from the front property line and 8.39 feet from the side property line. The Board of Zoning Appeals approved this setback encroachment September 18, 2002. • The area proposed for the expansion is currently a small parking area. Parking is very limited, and church members also park in the grassed area in front and to the south side of the church. A few unpaved handicapped spaces currently exist on the south side of the building where a handicapped accessible entrance is. These spaces will be paved and marked to meet requirements when the building is expanded. • The property on the east side of Charity Neck Road currently contains a small parking area, a small cemetery, a playground, and the church parsonage. On this parcel, the applicant proposes to expand the gravel parking area to 76 spaces. The applicant intends to request a waiver to the paving requirement for parking lots. Planning Commission Agenda October 9, 2002 CHARITY UNITED METHODIST CHURCH 1# 26 Page 4 • The expanded parking area will necessitate relocating the existing playground to the south side of the parsonage. The playground will be enclosed with a white picket fence rather than chain link. • A 5,000 square foot "Family Life Center" is proposed between the relocated playground and expanded parking lot behind the parsonage. This building has been referred to as "Phase II" as the funding and ultimately the timing for construction of this building is not known. • Finally, a stormwater management facility is proposed at the eastern end of the expanded gravel parking lot. Vehicular and Pedestrian Access • Neither Charity Neck Road nor Gum Bridge Road has curb and gutter, so vehicles currently enter the front and side of the church property along both street frontages. The applicant has proposed to add landscaping at the corner to mitigate this practice and deter church members from parking in these areas. The access to the three handicapped spaces on the south side of the church will remain. • On the east side of Charity Neck Road, church members currently enter the gravel parking lot on the north side of the small cemetery located on this property. The site plan shows a new entrance for vehicles on the south side of the cemetery directly across from the front of the church. Again, landscaping is shown along the street frontage of the parking lot where the entrance will be removed. Architectural Design • The original church building has a traditional church design with a large red brick sanctuary in front and large windows along the sides. A two-story addition was constructed in the mid -1980's on the north side of the church. This addition is red brick and has a flat roof with white metal coping. Twelve - pane windows line the upper and lower floors of this building. • The proposed addition is identical in design to the previous addition constructed in the mid -1980's. The addition will be connected to the existing sanctuary with a two-story atrium open to the second floor. Skylights will allow natural light into the atrium and give it an outdoor feel. The front of this atrium area has a well-defined double -door entrance with a triangular pediment and detailed trim. • The applicant has no architectural details at this time for the proposed "Family Life Center." Condition #3 at the end of this report requires the design, materials, and colors of the building to be approved by the Planning Director when the church is ready to construct this building. Landscape and Open Space Design • As indicated above, street frontage landscaping will be added to the corner area where Gum Bridge Road and Charity Neck Road intersect. The landscaping will also be added in front of the parking area on the east side of Planning Commission Agenda October 9, 2082 CHARITY UNITED METHODIST CHURCH 1 # 26 Page 5 Charity Neck Road. The site plan only shows trees planted 15 feet apart. Shrubs should be added to create a continuous hedgerow in order to meet current requirements for street frontage landscaping. Dwarf variety shrubs should be used and the shrubs should be maintained at three feet or lower to avoid visibility problems. • Interior parking lot landscaping is shown for the expanded area only of the parking lot on the east side of Charity Neck Road. Additional landscape islands and trees should be added to upgrade the existing gravel area as well. New foundation landscaping is shown along the entire front and side of the proposed building expansion. Foundation landscaping will also be required for the Family Life Center when that building is constructed. Evaluation of Request The applicant's request for an expansion to the church and preschool is acceptable. The church use is well established at this location and is compatible with neighboring properties. The proposed addition is in keeping with the existing architecture. The parking that will be eliminated as a result of the addition is more than accounted for with the proposed parking lot expansion across the street. This expanded parking lot should provide adequate parking for church members and eliminate parking in the grassed area beside the church at the corner of Charity Neck Road and Gum Bridge Road. Additional landscaping along the street frontage in this area should also channel vehicles to a designated point of ingress and egress. Therefore, this application is recommended for approval, subject to the conditions listed below. Conditions 1. The property shall be developed as shown on the site plan entitled, "Concept Plan for Charity United Methodist Church" dated September 23, 2002 by Gallup Surveyors and Engineers. In the locations shown on the plan, street frontage landscaping shall be installed to meet current plant specifications. Shrubs shall be maintained no higher than three feet in areas where site visibility is compromised. Interior parking lot landscaping shall be added to the parking area to meet current requirements. Credit can be given for existing trees in this area. The exact specifications shall be determined during the detailed site plan review process. 2. The proposed two-story addition shall be constructed as depicted on the elevation entitled, "Charity United Methodist Church, Church School Addition" dated 10130101. The exterior materials shall be red brick to match the existing building. 3. The design, materials, and colors of the proposed "Family Life Center" shall be subject to review and approval by the Planning Director or Designee. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use aermit may require Planning Commission Agenda October 9, 2002 CHARITY UNITED METHODIST CHURCH 1 # 26 Page 6 revision during detailed site plant review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(8) of the City Zoning Ordinance for further information. �NIA-8 Planning Commission Agenda -� October 9, 2002 CHARITY UNITED METHODIST CHURCH I # 26 �• Page 7 0 z 0 z k Z a dc CL a LLA z 4� C z0 �F� ChiW LL - Ln i s{4�J{ 4 +i LLi M � �D LAJ � (til L 0� a z ❑. � a q � ti .r1 0 z AX < j L U 'd u D0 � u 0 L1 �r ri IX a u 0> U LLI�-C z W t � s -9 1 3 O LLA < W ., ... o s : > .o 4 ] ♦LLJ W r L + z g r at de TW1 i A = x A; or LLI a x W2:8 `h L u .icw 0 z 0 z k Z a dc CL a LLA z 4� C z0 F i Planning Commission Agenda October 9, 2002:0 CHARITY UNITED METHODIST CHURCH 1 # 26 ° ••• Page 8 �F� ChiW LL - Ln i s{4�J{ 4 +i LLi M � �D LAJ � (til L 0� a z ❑. � a q � ti .r1 0 z AX < j 'd u � u 0 L1 �r F i Planning Commission Agenda October 9, 2002:0 CHARITY UNITED METHODIST CHURCH 1 # 26 ° ••• Page 8 rn Planning Commission Agenda October 9, 2002 CHARITY UNITED METHODIST CHURCH / # 26 Page 9 ,mass owns wince NONE i Ili■ a■ ■aon ONas■■ Bao ��as ■■ ■■ON ■■ ■■■s ■■ an■! ■■ ■sEn iB ■■BE ■a Ba noun Moa■ BEEN Nunn ■EB■ !aB■ a uses It a■ as sa Mann aif aim Uaa* soon Russ nano Wawa as ■a Kama ■aa■ noun as as ss as as r�ae Aa as Planning Commission Agenda October 9, 2002 y r CHARITY UNITED METHODIST CHURCH 1 # 26 ~ ••• -••°•' Page 10 MEMO NONE arra■ ■■ ■s ■a a■ ■■ an ■� ■s as an ■sia< !alum Bean aa■■ ■ ■ Nunn w■oa r soon an as a■!anoun massas a■ ■ia� a0a� as as waaa ■+ran as as a uses It a■ as sa Mann aif aim Uaa* soon Russ nano Wawa as ■a Kama ■aa■ noun as as ss as as r�ae Aa as Planning Commission Agenda October 9, 2002 y r CHARITY UNITED METHODIST CHURCH 1 # 26 ~ ••• -••°•' Page 10 50,N�'b8iy,� Planning Commission Agenda October 9, 2002 •, CHARITY UNITED METHODIST CHURCH 1 # 26 ' ~ ••• • Page 11 i APPLICATIC P.GE4 ' 4 • . ' CONDITIONAL USE PERMIT ti I Y CITE' OF VIRGINIA BEACH . 1 DISCLOSURE STATEMENT , i Applicant's frame: Charity United Methodist Church List All Current � Property Owners: Charity United Methodist Church C -k eJ United Methodist Qurch f I i PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if - necessary) I If the propertv ov%mer is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I NM - Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. f E I, f the applicant is not the current owner of the proper% complete the Applicant Disclosure section below. j i APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all off-icers ot" the Corporation below: (:-ttrach list if necessan,) i E E If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (4ttach lisr if necessarl) 3 � Check here if the applicant is NOT a corporation, partnership, Flinn, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is trite and accurate. � Signature Rey,. , Roher E-SnrzgPr. Pa�tar Print Name I Ill., '' r?'93 1 Planning Commission Agenda October 9, 2002 CHARITY UNITED METHODIST CHURCH 1 # 26 Page 12 uan 1i uc ua:.sza unarittzi un2tea metnoaist ged'laeb P-1 -IL:r (4=itv Pit deb 4480 CHARITY NECK ROAD VIRGINIA BEACH, VA 23457 ROBERT E- COOPER, Pastor Church (757) 426-7296 Res. (757) 724-2204 Ashby %doss Department of Planning City of VA Beach Re: Board of Trustees — Charity United Methodist Church Per your request, the Hoard is listed below: Jim Beltz (Chair) 2044 Vaughan Road VA Beach VA 23457 Phone: 721-6299 Julie Coppedge 2040 Malbon Road VA Beach VA 23456 Phone: 426-7597 Wayne Davis 4073 Muddy Creek Road VA Beach VA 23457 Phone- 426-2554 Bert Dail 1585 N Muddy Creek Road VA Beach VA 23456 Phone: 721-2766 Jay 1%4cadows 1225 Princess Anne Road VA 3each VA 23457 Phone: 721-2747 Tommy Martin 1725 Mill Landing Road VA Beach VA 23457 Phone: 721-3111 c� Planning Commission Agenda October 9, 2002 - CHARITY UNITED METHODIST CHURCH 1 # 26 ~'''°• �� �••-'`i Page 13 .,dri 1 i uG Lia; 004 k nar i i:u un 1 Leo neLnoo 1 SL 'tCya rtoCd P.2 Marilyn Caputo 3117 Charity heck Road VA Beach VA 23457 Phone: 425-6531 Laurie S i mpson 1601 N. Muddy Creek Road VA Beach VA 23456 Phone: 721-6106 Anthony Desmet 1752 Ind ian River Road VA Beach VA 23456 Phone: 426-9205 While 1 am no longer on the Board, 1 would be most happy to relay any messages or hi:ip in any way. Frank Lane Planning Commission Agenda October 9, 2002 CHARITY UNITED METHODIST CHURCH 1 # 26 Page 14 Item #26 Charity United Methodist Conditional Use Permit for a church expansion 4050 Charity Neck Road District 7 Princess Anne October 9, 2002 CONSENT Dorothy Wood: The next item is deferred from our last meeting or previous. It's Charity United Methodist Church. It's an application of Charity United Methodist Church for a Conditional Use Permit for a church expansion at the northeast corner of Charity Neck Road and Gum Bridge Road. This is in the Princess Anne District and there are three conditions. Bruce Gallup: My name is Bruce Gallup and I represent the church on this application and the conditions are acceptable. Dorothy Wood: Thank you Mr. Gallup. Is there any objection to Item #26, Charity United Methodist Church? Hearing none, Mr. Baum will you please comment on this? John Baum: Commissioner, Don Horsley and I very familiar with this one. And there's nothing very complicated. It's an expansion of the church and preschool. And one thing I was pleased to see that the new parking area will be across the highway from the church but they will provide handicapped parking on the church grounds. And the proposed life center is way off in the distance so they will be subject to review by the staff when they do come up with a definite plan. Dorothy Wood: Thank you Mr. Baum. I would move to approve number 26 with three conditions. Ronald Ripley: That's the motion. Do I have a second? Donald Horsley: Second. Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of these matters? We're ready to vote. Ronald Ripley: By a vote of 11-0, the motion passes. AYE 11 NAY 0 ABSENT 0 ABS 4 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE NIILLER AYE RIPLEY AYE SALLE" AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 11-0, the motion passes. McP Not Ito Scole / , • Mi' I r 4.0 A ti\ f i0F.-i" App, 1 0 I J Gpin 2411-54a132 - 63-•-28s7 ZONING HISTORY 1. Conditional Use Permit (building addition) Approved 4-16-84 2. Conditional Use Permit (18 single family homes) Approved 10-12-93 3. Subdivision Variance Approved 11-14-95 4. Subdivision Variance Approved 7-7-88 5. Conditional Use Permit (single family detached dwellings) Denied 3-24-80 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Thao L. Nguyen — Conditional Use Permit MEETING DATE: November 12, 2002 Background: An Ordinance upon Application of Thao L. Nguyen for a Conditional Use Permit for a church on certain property located on the east side of Princess Anne Road, 208.71 feet south of Green Meadows Drive (GPIN 1476435202). Said parcel contains 1 acre more or less. DISTRICT 2 — KEMPSVILLE. The applicant intends to construct a 4,920 square foot Buddhist shrine and 11 space parking lot. The shrine will be used for individual worship and meditation; no regular services are proposed. Considerations-. The applicant is proposing to construct a small building that will be used as a shrine for individual worship and meditation. No regular services will be held at the site. An outside gated courtyard and a small parking lot are also proposed. The shrine will be open to the public during the hours of gam to 5pm daily. There will be an attendant on the site during the hours of operation. The Planning Commission placed this item on the consent agenda because the small size of the proposed structure is compatible with the surrounding residential area. Staff recommended approval and there was no opposition to the request. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve this request with the following conditions: 1. The fence surrounding the courtyard shall be no more than four feet in height. 2. The design and materials for the fence surrounding the courtyard and the gate shall be Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Ag cy: Planning Department � City Manager: Thao L. Nguyen Page 2 of 2 submitted to the Planning Director for approval during detailed site plan review. 3. The landscape plan shall be revised to include a planting area at least five feet in width planted with low shrubs and/or small trees between the fence and Princess Anne Road. 4. The landscape plan shall be revised to show that the majority of the existing vegetation along the northern, eastern and southern property lines will remain for screening purposes and will be supplemented with new plantings of Japanese black pine where necessary to provide a solid screen. No existing vegetation shall be removed from the buffer areas until a field inspection is performed to determine the locations for supplemental plantings of Japanese black pine as specified. 5. A separate lighting plan shall be submitted as part of the detailed site plan for review by the Police Department for Crime Prevention Through Environmental Design elements. Light poles shall not be more than 14 feet in height. 6. The radii on the south side of the entrance shall be increased to 35 feet minimum and the north side of the entrance shall be increased to 25 feet minimum. 7. With the exception of conditions 1-6 above, the site shall be developed in substantial accordance with the site plan entitled "Preliminary Site Plan for Tin Hau Association on Princess Anne Road" dated September 25, 2002 and prepared by Burgess & Niple. A copy of this site pian has been exhibited to City Council and is on file in the Planning Department. 8. No vehicles shall be parked in the grassed area shown for future Phase 11 parking at any time. 9. No regularly scheduled events or assemblies shall be held at the shrine. 10. The building and courtyard shall be developed in substantial accordance with the architectural elevations entitled "Shrine Sketch Tin Hau Association Princess Anne Road" prepared by Porterfield Design Center. A copy of the elevation has been exhibited to City Council and is on file in the Planning Department. THAO L. NGUYEN / # 29 October 9, 2002 General information: APPLICATION E09 -210 -CUP -2002 NUMBER: REQUEST: Conditional Use Permit for a church ADDRESS: East side of Princess Anne Road, 208.71 feet south of Green Meadows Drive. 1 `IL '�`-��` �' � •✓ �`�' (�U• ILMI '• � `'� _ �" '.�`` fir+"✓ � l� 4 0C 00 R-10 , o lspiil !g/O—�S--JLUL G PI N : 14764352020000 ELECTION DISTRICT: 2-KEMPSVILLE SITE SIZE: 1 acre STAFF PLANNER: Barbara Duke PURPOSE: The applicant intends to construct a 4,920 square foot Buddhist shrine and 11 space parking lot. The shrine will be used for individual worship and meditation; no regular services are proposed. APPLICATION This request was deferred at the September 11 hearing at the request HISTORY: of the applicant. ZIA Planning Commission Agenda -. October 9, 2002 THAO L. NGUYEN Page 1 Major Issues: • Degree to which the proposal is compatible with surrounding uses. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The subject site is vacant and is zoned 0-1 with restrictions recorded in Deed Book 2682 at Page 0678. Surrounding Land Use and Zonin North: • 7-11 Convenience Store/ PD -111 Planned Development South: • Nursing Home / R-7.5 Residential District East: • Single-family homes/ PD -H 1 Planned Development Vilest: a Across Princess Anne Road are single-family homes / PD -H1 Planned Development and R-7.5 Residential District Zoning History The subject site was rezoned to 4-1 office District in August 1987 with a deed restriction recorded in Deed Book 2682 at Page 0678. The deed restriction contains the following conditions for the development of this site. 1. No structure shall exceed 35' in height when placed upon the property. 2. There shall be only one curb cut along the front of the property into Princess Anne Road. 3. A 15' right-of-way dedication along Princess Anne Road, 57.5' from the centerline of the existing right-of-way is hereby made. 4. Within the 10' buffer zone on the northeast boundary and the southeast border of the property which abuts the R-6 residential property, Category it landscaping shall be installed, if existing natural vegetation cannot be preserved within this 10' buffer. Trees shall be preserved wherever possible. 5. Low level lighting shall be directed away from the residential property. 6. Grantor agrees to comply with the city's sign ordinance. Other rezonings and conditional use permits have been granted on surrounding sites as shown on the zoning history map. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Planning Commission Agenda October 9, 2002 THAO L. NGUYEN I # 29 Page 2 Natural Resource and Physical Characteristics The site has several mature pine trees along the front of the site. There is thick vegetation along the northern, eastern and southern property lines that could serve as a buffer to adjacent uses. Public Facilitiesand Services Water and Sewer Water: There is a 12 inch water main in Princess Anne Road fronting the property. This site must connect to City water. Sewer: There is no sanitary sewer main in Princess Anne Road fronting the property. There is an 8 inch sanitary sewer stub in a 20 foot wide drainage easement on the north side of the adjoining property at the west side of property. This site must connect to City sewer via private easement at the back of the property. Transportation Master Transportation Plan (MTP)/ Capital Improvement Program (CIP): Princess Anne Road in the vicinity of this application is considered a four lane divided major urban arterial. It is designated on the Master Transportation Plan as a 120 foot wide right-of-way divided with a bikeway and scenic easement. There are currently no GIP projects to upgrade this roadway at this time. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Princess Anne Road 28,000 ADT 17,300 ADT Existing Land Use - 110 3 I Level of Service C Proposed Land Use - 49 'Average Daily Trips 2 as defined by 10,000 square foot office building 3 as defined by 5,100 square foot church Public Safet Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention through Environmental Design (OPTED) concepts and strategies. A lighting plan will be requested by the Police Department during detailed site plan review. The landscape plan will be reviewed by the Police Department also. Fire and If attendance exceeds 49 people, the use group will become Rescue: `assembly'. Assembly regulations will require additional egress features as well as fire and life safety equipment. Planning Commission Agenda October 9, 2002 THAO L. NGUYEN 1 # 29 Page 3 Comprehensive Plan The Comprehensive Plan identifies this area as a stable residential area, recognizing the need to have uses that support the neighborhood that are complementary and well designed. Summary of Proposal Proposal • The applicant is proposing to construct a small building that will be used as a shrine for individual worship and meditation. No regular services will be held at the site. An outside gated courtyard and a small parking lot are also proposed. • The shrine will be open to the public during the hours of 9 am to Spm daily. There will be an attendant on the site during the hours of operation. Site Design • The site plan shows a rectangular building of approximately 5,000 square feet in the northeast corner of the site. In front of the building, facing Princess Anne Road, there is a courtyard enclosed by a fence and gate. The fence is shown 12 feet from the right of way, the building is set back 58.55 feet. • An eleven -space parking lot is shown south of the courtyard and building. An area for future parking expansion is identified on the site plan as Phase 2. A 3,040 square foot area is shown as a dry pond for stormwater management south of the future parking expansion. Vehicular and Pedestrian Access • There is one ingress/egress point proposed on Princess Anne Road. The location of the driveway is acceptable to Public Works/Traffic Engineering Division and is in accordance with the deed restriction recorded on this site. The radii on the south side of the entrance will need to be increased to 35 feet minimum and the north side of the entrance will need to be increased to a minimum of 25 feet in order to meet traffic standards. Architectural Design • The applicant has provided elevations for the shrine building that reflect the culture of the organization. The front elevation, facing Princess Anne Road, shows that the bottom level of the building will be reddish brown brick with a red clay tile roof. The upper level of the building will be cream -colored stucco with a terra cotta tile roof. There is a covered porch area across the front of the building that is supported by columns. • The height of the building is 32 feet. • The roof covering the sides and back of the building is shown as terra cotta tile. There is a main entrance at the front of the building and an entrance on Planning Commission Agenda October 9, 2002 THAO L. NGUYEN 1 # 29 Page 4 the side of the building facing the parking lot. • An outside courtyard surrounded by a fence with a gate facing the parking area is shown in front of the building. No details for the height and type of fencing and gate were provided with this application. The fence is shown at a 12 foot setback from Princess Anne Road. The zoning ordinance limits the height of this fence to four feet because it is set back less than 30 feet from the roadway. Landscape and open Space Design • The applicant has submitted a landscape plan that shows landscaping along the frontage of the proposed and future parking lot that meets the requirements for parking lot street frontage landscaping in the site plan ordinance. • The applicant has also provided a 15 foot buffer along the eastern and southern property lines, adjacent to residential area, that will be planted with Japanese black pine. There are some existing mature pine trees spread across the front of this site, as well as an excellent screen of existing vegetation along the northern, eastern and southern property lines. In accordance with the deed restriction, the applicant must try to incorporate some of the existing mature pine trees in the front of the site as well as the existing vegetation along the site's perimeter into the final landscape plan. The site plan specifically shows that, in addition to leaving the vegetation along the perimeter, a 42 inch willow oak will be preserved in the rear of the property. A 12 inch pine and a 35 inch pine will also be preserved along the frontage of the property. Evaluation of Request The request for a church on the subject site is acceptable. The small size of the proposed structure is compatible with the surrounding residential area. The traffic generated by this use will be less than a typical office use found in the 0-1 office District. The proposed site plan is in keeping with the deed restriction governing development of this site. The request for a church is recommended for approval with the following conditions. Conditions 1. The fence surrounding the courtyard shall be no more than four feet in height. 2. The design and materials for the fence surrounding the courtyard and the gate shall be submitted to the Planning Director for approval during detailed site plan review. 3. The landscape plan shall be revised to include a planting area at least five feet in width planted with low shrubs and/or small trees between the fence and Princess Anne Road. 4. The landscape plan shall be revised to show that the majority of the existing vegetation along the northern, eastern and southern property lines will remain for screening purposes and will be supplemented with new plantings of Japanese black pine where necessary to provide a solid screen. No existing vegetation IN Planning Commission Agenda October 9, 2002 THAO L. NGUYEN / # 29 Page 5 shall be removed from the buffer areas until a field inspection is performed to determine the locations for supplemental plantings of Japanese black pine as specified. 5. A separate lighting plan shall be submitted as part of the detailed site plan for review by the Police Department for Crime Prevention Through Environmental Design elements. Light poles shall not be more than 14 feet in height. 6. The radii on the south side of the entrance shall be increased to 35 feet minimum and the north side of the entrance shall be increased to 25 feet minimum. 7. With the exception of conditions 1-6 above, the site shall be developed in substantial accordance with the site plan entitled "Preliminary Site Plan for Tin Hau Association on Princess Anne Road" dated September 25, 2002 and prepared by Burgess & Niple. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 8. No vehicles shall be parked in the grassed area shown for future Phase 11 parking at any time. 9. No regularly scheduled events or assemblies shall be held at the -shrine. 10. The building and courtyard shall be developed in substantial accordance with the architectural elevations entitled "Shrine Sketch Tin Hau Association Princess Anne Road" prepared by Porterfield Design Center. A copy of the elevation has been exhibited to City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda October 9, 2002 THAO L. NGUYEN I # 29 Page 6 R 12MI L Planningcommission Agenda 9 October 9, 2002 THAO L. NGUYEN 1 # 29 •••- ' r` Page 7 R 12MI L Planningcommission Agenda 9 October 9, 2002 THAO L. NGUYEN 1 # 29 •••- ' r` Page 7 KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMT FOR A LARGE SKATEBOARD RAW AT 808 SOMERSET LANE. AMP trr l Went :A�- i t 217 Vq C A �5 LLA. b, + r �l _ c.4 -�J + +j, -i, ;.L�S \,.f, 'i, KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERNHT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. Z:5' *jv 60 • � s j ZL v 1705 ` .f i -� Rinso brant Communitp 'League P.O. J9ox!94SI Virginia 39carb, 3921 23450 10/7/2002 Piaruning and Conununity Development City Of Virginia Beach 2405 Courthouse Dr. Virrginia Beach, VA 23456 AT TN: Director of Current Planning Mr. or Ms. Director, As President of the Kings Grant Community League, I do hereby state that we as a league do oppose the Conditional Use Permit, #G05-21 o -CUP -2002 that Janice Rowley has applied for. We have spoken to residents in the area about the proposed Skateboard Ramp Recreation Area, and have found strong support in opposition to this permit. Our Zoning C Carroll Dohm will be our spokesman at the Planning Commission meeting on October 9, 2002 at 12:04. Thank You, Dorothy Anderson President Kings Grant Conununity League Page I of 1 Ashby Moss - Conditional UsePermit m From: Frances Wright <franceswright@ webtv. net> To: <swhite@vbgov.com> Date: 10/5/2002 10:05 PM Subject: Conditional UsePermit Dear Sir, As property owners living adjacent to 808 Summerset Lane, we object to issuance of permit#G05-210-CUP-2002 for construction of another skate board facility as it presents itself as a nuisance to us. Thank you for your attention regarding this matter. Thomas and Frances Wright 813 Utde Neck Rd. Virginia Beach, Va 23452 file://C:1Documents%20and%20SettingslamosslLocal%20SettingslTemp\GWI00003.HTM 10/7/2002 Item #14 Janice L. Rowley Page 16 Donald Horsley: No, I don't have a church rule. I have a kid rule and P m known to be very supportive of our people regardless of where we come from. And you know I think these two youngsters are here today and I think they see the severity of what's taken place here and whether this is approved by us today or not, it's going to go on to City Council for a recommendation to City Council. And the last one of these that Planning came before us we approved and City Council shot it down whole-heartedly. So, even regardless of how it goes today, you still have another hurdle to go but this is part of the growing up process and you got to learn to accept responsibilities. If this thing is approved you got to protect your parents from making sure that this is carried on and these activities are carried on in a good manner. A friendly matter to the neighborhood and I'm a little bit concerned about the precedent that Charlie talked about but being the person that I am in supportive of youth and I think these two young men appear to be two pretty good guys. I'm probably going to give them the benefit of the doubt today in my vote. I'll probably support it but you can rest assured that these people sitting over here are going to be watching you. And when they see a problem they're going to call Mr. Scott's office then the Zoning Administrator will be out there and the Use Permit can be yanked quicker than it's going to get it if you do get it. Ronald Ripley: Okay. Will? William Din: Well, I guess I'm the last one to speak on this issue. Ronald Ripley: Go ahead Will. William Din: Since everyone else had their say, and I agree with half of what everybody else said here. The other half will show in my vote I guess. I think I also agree that the youth of my world has to take responsibility for things and the thing that I agree with most is it will probably die away after the next two years within the next year or two because of the age of the kids here. I know my kids skateboarded. They were on the street. They didn't have a ramp or anything. I agree with what Bob is saying. You know, we don't want to drive them back out to the street. And that's exactly what will end up. So, I think I will be supporting this issue. Ronald Ripley: Okay. Donald Horsley: You know how everybody's going to vote. Ronald Ripley: Alright. The substitute motion is to approve this application with the provision of adding a sixth requirement to insulate. And that's what we're voting on here, so to remind anybody of it. So, I guess we're ready to call for the question. Ronald Ripley: By a vote of 6-5, the motion passes AYE 6 NAY 5 ABSENT 0 ABS 0 ATKINSON AYE BAUM AYE CRABTREE NAY DIN AYE HORSLEY AYE MILLER AYE RIPLEY NAY SALLE' NAY STRANGE NAY VAKOS AYE WOOD NAY Ronald Ripley: By a vote of 6-5, the motion passes Item #14 Janice L. Rowley Page 15 lust waiting to get in because you are going to be the only one. Do you think you guys can control that part? Can we get the zoning administrator to do that? Robert Vakos: It's part of the review. Betsy Atkinson: I think we're finished with our discussion. Let's go ahead and vote. Ronald Ripley: I want to make a statement too. I'd like to see the kids have a good use of their backyard but when it comes to the Use Permit, it's to avoid any obnoxious uses that are adjacent to certain zones throughout the City. And if this is causing an obnoxious problem with the adjoining neighbors and I realize that we have signatures that I think Bob pointed out that are adjoining but you have the whole neighborhood or a number of people in the neighborhood that are objecting. These people are property owners within the City and they have rights too and the children have rights but I got to believe and I'm kind of leaning more towards the property rights then I am to the children side because of the indication that there could be some threatening issues going on within the neighborhood and that bothers me. It's one thing to have the noise and I think you can mitigate the noise by insulation and doing some other things but the concern I have is if its causing a problem with loitering or causing a problem with language or causing a problem with other neighbors being threatened and that concerns me. And I've tried to weigh it and I think I need to vote against the motion. Anybody else wish to speak? Yes, Joe? Joseph Strange: I'm going to be voting against the motion also. I just think that it's going to set a precedent. I can just see us debating with these things all the time. The neighborhoods. I think this will set a precedent even though this may be a situation where everything is okay. I'll be voting against the motion. Ronald Ripley: Any other discussion? Yes, Dot? Dorothy Wood: I second the motion against it and I would like to tell you why. Although office Mullins did come out and say there was no problem, we do have in our packet that the police have been there several times and the police consider it a problem and if this many neighbors show up to tell us and the ones we have letters from that it is too noisy, I can not support the motion although I do feel sorry for the children. I wish there was something and I hope you can have a quarter skateboard or pike and do it within the proper, with the things that are allowed in the proper zoning and because of that I've second the motion, I will be voting against it. Ronald Ripley: Okay, so is there anybody who swishes to speak again. Yes, Gene? Eugene Crabtree: The street issue bothers me and because of that and what Charlie and Mr. Strong had said, I think I'm going to vote against it also. Ronald Ripley: Okay. Yes, Bob. Robert Vakos: Gene, I don't want to contradict you but the street issue is not going away. These kids aren't disappearing. They're going to be there whether they got a half pike or a quarter pike. So, I think the street issue may even be, as Betsy said and in a better situation where the parents and the kids are very aware that in one year they are going to go through administrative review, so I don't mean to contradict you. Eugene Crabtree: Its not so much playing in the street, it's just the congregation in the street. Ronald Ripley: Don? Donald Horsley: Everybody has spoken so I must just as well speak too. Robert Vakos: Do you have a church rule? Item #14 Janice L. Rowley Page 14 seem to me that approval would have activities with as much potential noise or a basketball goal. We don't limit those. We don't' go around trying to say how many basketball goals are there in Kings Grant. 4r how many pools are there? I'm not sure that you can quiet this but so much in spite of the laws of physics. I think Andrew, are you Andrew, fully understands and I don't because even though I'm an engineer, I didn't do to good in physics. I'm not sure there's any way to absolute guarantee that there wouldn't be the potential for some complaints. I'm very bothered by the fact though that the people who signed the petition in favor of it are the people who live right around them and the one person who perhaps that is closest is two lots over that is upset about it. I think more of the discussion has centered around on what happened out in the street. That is what I heard more of than anything else and I think that something that's going to continue. I think we're pushing these kids back to the streets. To say go back out in the street and skateboard and even though I'm sure these two young men did not confront anybody. The young people in my neighborhood as you come by kind of give you that stare like don't run over me. You got a three thousand pound vehicle and I got a twenty- two pound skateboard or something like that, probably not that much five thousand skateboard. The point here is something that's very difficult to solve without having facilities that the public has provided and there aren't any. East coast surfing championship there was a great ramp down there, but when I went down to look at that thing, you have to be a little bit out of your mind as to jump down and if any of you didn't look at it, it fell about fifteen feet and these guys probably loved it. But I looked at it and said in my wildest nightmare I don't think I'd go down that thing. I just feel like it's a, you know, if you provide the right conditions that I don't think we're going to see a lot of applications and I will not support the motion as it has been presented. But I do understand what Charlie said. I just hate seeing everybody pushed back out to the street to say okay, now don't conform to the backyard, go out to the street. It's almost like basketball nets and other activities by young people. Ronald Ripley: John Baum has a comment. John Baum: Well, I'm seeing this legal precedent idea but when you deal with neighborhood squabbles, all neighborhoods are not the same and sometimes people are trying to get along some time they aren't, so I don't think we're going to set any real legal effect. I feel like Bob Miller. Ronald Ripley: Any other comments? Bob? Robert Vakos: Since we're in Ron's rules, I would like to make a substitute motion if I may please? And, for all the very reasons that Bob Miller stated, I think you have a situation here that you're going to have a ramp whether it's in the street uncontrolled or in the Rowley's driveway uncontrolled with a quarter pike even or some sort of ramp where as now you have a situation that is in fact controlled and supervised. And, I trust these people when they say that these are good kids. They're stay -at home moms. They want to know where their kids are and trust me, there's a lot of places that they don't want their kids to be, so they have the luxury of having them in their backyards in this kind of activity, I think they're fortunate. So, I want to make a substitute motion that we approve the application with a sixth condition requiring that they insulate this ramp in some fashion with some sort of foam or whatever it takes to help mitigate the noise for the ramp itself. So, I'll make a substitute motion with six conditions. Robert Miller: I'll second i Ronald Ripley: So we have a substitute motion to approve the request with the sixth addition requiring insulating the ramp. Discussion? Yes, Betsy. Betsy Atkinson: I have one statement that I would like to say to the kids. I'm going to support the motion. But I don't want to see and you say you're limiting five skaters inside the house and that's fine and I think that's all great. But I don't want to see twenty of them out in the yard, out in the front street waiting to be the fifth one in and then they rotate. And to end up with all these cars parked on the road and all these people out there Item #14 Janice L. Rowley Page 13 Eugene Crabtree: In the driveway. Janice Rowley: If they're going to be skateboarding out front to be in my driveway. Eugene Crabtree: In the driveway. Janice Rowley: And I have a big enough driveway that it would. Eugene Crabtree: Yes ma'am, you do. Janice Rowley: It would, you know, be fine. Ronald Ripley: okay. Are there any other questions? Dorothy Wood: Just a real quick one. Ronald Ripley: Charlie has a question. Oh, I'm sorry. Charlie Salle': I have a comment. I don't have a question. Ronald Ripley: Dot, do you have a question? Dorothy Wood: Have the boys ever charged admission to this skateboard? Janice Rowley: No. That was just someone who said that they were charging. They never charged anything. Dorothy Wood: Thank you. Janice Rowley: No. I wouldn't allow that. Ronald Ripley: Charlie has a comment. Charlie Salle': I'm probably the only killjoy here amongst the people. Ronald Ripley: Do we have any more questions of the applicant? Okay. Thank you ma'am. Charlie Salle': I mean and I've heard the arguments and they're laudable as far as keeping track of your children and knowing where they are and supervising what they do. But, that's an argument that could be made by every single person who wants to have one in their backyard, I mean, I see this as a kind of thing that would set a dangerous precedent. These ramps are extremely loud and annoying to people and I just don't think they're fitting place in a residential neighborhood. And as I say, the arguments are laudable but there isn't anybody in Kings Grant with children that couldn't make exactly the same argument and thereby justify putting them in the back of every yard in the neighborhood and to me it just sets a dangerous precedent and I just don't think they should be allowed in residential setting. Ronald Ripley: Is that a motion? Charlie Salle': To deny the application? Dorothy Wood: I'll second that. Ronald Ripley: Motion to deny by Charlie Salle' and a second by Dot Woods. Discussion? Robert Miller: Well, Mr. Attorney. I'm afraid you're right but at the same time I think that we're just very short sited in a way that we're looking at some of this stuff. It does Item # 14 Janice L. Rowley Page 12 Andy Storm: Yeah. We have two rails that we bought and we made all of our stuff. Robert Vakos: The other observation I'd like to make to the Commission. There used to be one and you guys are probably too young to remember this. There used to be one at Lynnhaven Middle School and behind on Mill Dam Road. Andy Storm: The neighbor right next door to him is a welder for the City and he said there was one right there. Robert Vakos: Yeah. It was on a City owned piece of property and it was removed. And I think because of liability to be honest with you. So, that's the issue that the City's dealing with. The other I would like to bring to the Commission is this in essence is a temporary problem. You're sixteen? Andy Storm: I'm seventeen, almost eighteen. Robert Vakos: Seventeen, so in two or three years, these boys are going to be off to college and this ramp won't be an issue so, I think that plays into this decision, somewhat. Mr. Miller, you would make a great schoolteacher. That's all that I've got to say. Ronald Ripley: Gene has a question. Eugene Crabtree: I have a question of Ms. Rowley. An issue that has been scurried and needs have been brought up. Safety. Janice Rowley: Right. Eugene Crabtree: What do you have or what type of plan do you have or what qualifications do the adults have that are supervising these children in the event of an accident? Janice Rowley: Well, I do have on these signs out on the gate to skate at your own risk. I have also since talking to the police officers, and this is something I think I will do is drawing up a statement saying that they are skating at their own risk and anyone who skates have them sign it. And maybe even have a lawyer draw this up, have these kids sign it that way the liability is somewhat taken off. Eugene Crabtree: Fm not talking about liability. I'm talking about when that kid gets hurt. What are you going to do, period? He's laying out on the ground bleeding with his head split open. Is there a qualified individual somewhere there to render first aid and emergency care until the rescue squad can get there? That is what I'm asking. Janice Rowley: Well, I do work at the school and I did take CPR. Eugene Crabtree: Okay. Good. I have a question with you and maybe Kay can tell me. At one time there was an ordinance on the books saying it was unlawful to play in the street of Virginia Beach. And I think that is still on. Are your children and the other children who do this aware of that and aware that it is unlawful to play in the street? I think it is still on the books, is it not Kay? Kay Wilson: I believe so Mr. Crabtree. It's not something I've looked at but I believe that it is illegal to play in the street. Robert Vakos: We could get a crime wave if we do Eugene Crabtree: I realize that. I mean I understand that. I'm not saying that but I'm just wondering if they realize that is a possibility? Janice Rowley: Right. And that's why I said I've told them they need to start. Item #14 Janice L. Rowley Page 11 Alex Rowley: We don't do that. Robert Miller: I know you don't do that. But the young boys in my neighborhood do that and having been an expert skateboard, I remember when I used to do that. Andy Storm: How could we call it staring them down as we watch when they go by. Robert Miller: I know what it is. I do have skateboarders in my neighborhood and I do understand that. But, is there anything else you like to share with us just maybe some understanding of how serious this is and maybe some input from you. Andy Storm: Well, they were talking about the quarter pike. And you can't really use that in the backyard because there's grass. You have to have pavement, so the half pike is the only way that you can have it really in the backyard to still be able to use it. The thing, the noise that he was talking about it's because the wheels on the plywood. Well, it's also because it's a hollow kind of structure and it just projects it, so if we put foam there it might help it a lot. Robert Miller: You took physics already? Andy Storm: I'm in physics right now. Robert Miller: Cool. John Baum: Might turn out to be an engineer. Andy Storm: That's it. Robert Miller: How about you? Alex Rowley: That what I was about to say also. About the quarter pike, you can't do it in the backyard because there's no pavement. Robert Miller: Out in the streets you're not going to be able to set up but so much of a ramp. That's a pretty elaborate ramp. You're only going to be able to set up jumps and things like that. Aren't you? Andy Storrn: We've made it so that somebody says there are cars on both sides of the street and I try to keep it so that anybody who drives over to our house has their car on the same side of the street that we have the skateboard stuff on. If its in the street and if not that, park it in my driveway or his driveway so that everybody can see us as they drive by. I mean, I try to keep a good relationship with all my neighbors. I wave to them every time they pass. I try to be as a good a neighbor as I can to all of them. I've never made a threat to any of them to do anything. Robert Miller: Well, the rest of my expert skateboarder friends here might have a question for you too. Andy Storm: Okay. Robert Vakos: I'd like to make a couple of observations. Young man's pointed out one of them. That the permissible quarter pike, which is one sheet of ply board can be drug all over the place, and it has to be on hard pavement so they're going to bring it out to the driveway or to the street. And I suspect that piece of wood that's out in the front that's probably looks like somebody's quarter pike that you're getting ready to throw away. Andy Storm: That was just a ramp that we had out there anyway, and it got broken and we don't make shift ones, we build them ourselves. Robert Vakos: Do you have a rail on this one? Item #14 Janice L. Rowley Page 10 Betsy Atkinson: And I understand what your saying about when you're not there and the kids go to the street. Is there anyway that we can ask you if we approve this that you can keep the kids out of the street. I mean, I think one of the big problems I think is the neighbors driving down the street and having to dodge these kids and the kids doing their little tricks, then they're making the neighbors stop and people don't like that. Janice Rowley: Right. well, you've seen my driveway. And that's one of the things that I was telling the kids. I have a big wide triple car driveway and I said you guys would have to start using my driveway for some of those things. Betsy Atkinson: Alright. This is got a one-year thing on it. And I would offer up that if, I don't know if we're going to approve it or not approve it but, if these neighbors are still in opposition to this, that they would pick up the phone and call you and say, you know, we went down the street and kids are, you know, because you are not going to get this renewed if the neighbors are calling. Because they are going to call you and they're going to call the City Planning staff. Janice Rowley: Exactly. Betsy Atkinson: And I think everyone wants to be fair. Janice Rowley: And I wish that if anybody did have a problem. They're more welcome to walk up to my door and knock on it because, I mean. Betsy Atkinson: You got older people with teenage boys. Ronald Ripley: Bob has a question. Bob Miller? Robert Miller: Yeah. I'm just sitting here thinking of one of life's greatest paradoxes of all us great skateboarders that are sitting up here making this decision. I wonder if we can get perhaps the two young men to come up here for a second. I suppose they are here for a reason and they would probably like to have some involvement in this, if you could tell us who you are. Andy Storm: I'm Karen Stilwell's son. Robert Miller: And you are? Alex Rowley: I'm Alex Rowley. Robert Miller: And you guys are out of school today? Andy Storm/Alex Rowley: Yes. Robert Miller: To come down here and watch us make a decision about your skateboard ramp? Alex Storm: Yes. Robert Miller: Do you realize how serious this thing is? Andy Storm/Alex Rowley: Yes Robert Miller: This is certainly not something that should be taken lightly. I mean it's obviously come to a head. If that ramp is not in the backyard, you going to be out skateboarding in the street. Alex Rowley: There's nowhere else really to do it. Robert Miller: I understand that. You've heard anything today about refraining from staring down people and causing a problem? Item #14 Janice L. Rowley Page 9 Ashby Moss: I think they constructed the skateboard in May, late May with the Notice of Violation. Janice Rowley: It was July. Ashby Moss: We received their complaint. In July, the Notice of Violation was issued. Ronald Ripley: I'm sorry. I stand corrected. Dot? Dorothy Wood: I noticed that and I don't really and pardon my use of terminology. I'm not sure what I'm saying but you have a half ramp and could have a quarter ramp? Janice Rowley: Well. Dorothy Wood: Wait a minute. Robert Vakos: Let Ashby explain. She did a good job this morning explaining the nature. Ashby Moss: I think you have more experience with it. Robert Vakos: It's doesn't have to be built or put in the street, but go ahead. Ashby Moss: They currently have a half pike, which is sort of like a bowl. And then that would require the Conditional Use Permit. By right, they could have the quarter pike, which is just a quarter of that but just one. sheet of plywood could be used to construct that. Dorothy Wood: would you be wiling to do this Mrs. Rowley rather than having... Janice Rowley: Well, I think the thing with that is that it makes it much steeper, more dangerous type of thing if you did the quarter. Robert Vakos: You have to ask the experts. Dorothy wood: I know that is what allowed by the law. Ronald Ripley: Is the way its set up now, does that create a lot more noise, back and forth on this ramp or do you know? Yes, I'm asking you Ashby. Robert Miller: when was the last time you skateboarded Ashby? Ashby Moss: I've witnessed some skateboarding. I do think the half pike would create more noise because it allows for a continuous back and forth where as the quarter pike, you go up down, stop, up down and stop. Ronald Ripley: Seems logical. Janice Rowley: What we are willing to do is to buffer it, which the police officers who are skaters told us this would cut down on the noise considerably, which we didn't know but, I mean we are more than. willing to. Ronald Ripley: John Baum's got a question. John Baum: I asked this morning about the thickness of the plywood and all the rest and what's that based on? They said a court ruling. of course, we all know the court rulings are sacred. I've never seen a great connection between common sense and the law but that's been my experience. Ronald Ripley: Betsy? Item # 14 Janice L. Rowley Page S things like that for the City. And I think that is something the City needs to look into. Thank you. Ronald Ripley: Bob Miller has a question. Robert Miller: Two things. One, now you bring up a good point. Are there any other skateboard ramps in Kings Grant? Caroljean Ogrodnik: Well, I know that several people have said there are but we have not been aware of them. Robert Miller: Several of these letters and I mentioned this morning that were in opposition said another skateboard ramp. And I was wondering if there were others in Kings Grant? Caroljean Ogrodnik: Well, there's one right down the street and I believe that this ladies house had portable one that was brought out into the street and taken back. Robert Miller: Okay. The other thing that you just said and that is something that seemingly to be a contradiction is that, and I understand not wanting one in this person's backyard even though none of the adjacent properties seem to have a problem with that. The one that moves does and that these are going to end up back in the street. And, I'm just sitting here thinking what we are trying to accomplish here. It feels like I'm pushing these kids back onto the street where you don't want them in the street versus being in the backyard under a very stringent set of controls allowing only five at a time and several other things. I'm struggling with what are we trying to accomplish here. And you just mentioned again back in the street and I can't see anywhere else they're going to go except perhaps down the street to St. Nicholas Church or to the Methodist church. Caroljean Ogrodnik: If I can say sir is that when I drove by and several others on our committees have driven by, they have been out in the street anyway. I mean the skateboard ramp is there in the backyard but they were out in the street anyway. So, having it in the backyard apparently doesn't keep them out of the street. Robert Miller: But not having it in the backyard doesn't keep them out of the street either. Caroljean Ogrodnik: That's true. Robert Miller: Okay. Caroljean Ogrodnik: Thank you. Ronald Ripley: Any other speakers? Okay. Would you like to, as the applicant rebut anything? Ms. Rowley? Janice Rowley: I'm sorry. I think part of the reason they were seeing the kids out in the street is because of the rules. If I'm not there or she's not at home, they're not allowed to be in the backyard. That's probably why they're in the street. But, again if they don't have this when we are there they are going to be out in the street or they're going to be up at these parking lots and nobody from the civic league, no neighbors, nobody has come to complain to us. The first of that is when we got the Planning Commission thing. That was it. Nobody has even attempted to get in contact with us. Ronald Ripley: If I read this correctly when the skateboard ramp was put in there was immediately there was some action taken with notice. There was a complaint filed to the City. Did that happen? Janice Rowley: It was July or whatever. Ronald Ripley: Ashby, did I read that wrong? Item #14 Janice L. Rowley Page 7 Robert Miller: I asked if there was anyone adjacent to this property and you didn't point to anybody adjacent to the property who signed that petition. Carroll Dohrn: Not right next. Understanding your question now, I don't. Robert Miller: So the people that are hearing this noise are literally another lot away? Is that what you're telling me? Carroll Dohrn: Yes. The people on the corner that I pointed said that not only did they hear it, they had also had concerns of the crowds. Robert Miller: No. I'm just talking about the noise. Carroll Dohm: No. Yes. They had noise concerns. Robert Miller: So that one house has been the one that has heard the noise two houses away. Carroll Dohrn: That's the closest that I could tell you about. Robert Miller: Do you know where the complaint that says we've had three complaints. Do you know where the complaints came from? Carroll Dohrn: I can't tell you that. No. I'm the spokesperson and we've all been involved in this but I can't you that I know that. Ronald Ripley: Okay, thank you very much. Do you have any other speakers? Robert Miller: Excuse me. Yes, Caroljean Ogrodnik? Ronald Ripley: Hold on a second. Will did you have a question? William Din: I think Ms. Rowley had volunteered to sound dampening on the ramp itself. You think that would alleviate some of that noise? Carroll Dohrn: I have never gone through that process so I couldn't say that I do. I know it's the wheels making contact with the wood that make the noise. How you might dampen that I can't say that I know. William Din: Okay, thank you. Carroll Dohrn: Thank you. Robert Miller: Caroljean. Is it Ogrodnik? Excuse me if I mispronounced it. Caroljean Ogrodnik: That's okay. I'm Caroljean Ogrodnik. I'm the past President of the Kings Grant Community League. I'm currently on the board. I was also zoning for two years for our civic league. And I don't want to be redundant as you asked us not to be. I will say this. I have driven up and down the street several times in the evening. There were cars on both sides of the streets. They had things in the middle of the street that they were doing their thing on. I don't skateboard. I don't know what you call them. They also stood in the street and try to stare you down so you had to stop your car. And that happened to me a couple of times. The police had been called. There are a couple of neighbors who felt very threatened. They did talk to us as specifically about this. And, we don't want to see precedence set by having skateboard ramps suddenly all over Kings Grant. That is not what we would like to see in Kings Grant. We're trying very hard to keep our community healthy, happy and clean. And these things just don't seem to coincide with skateboard ramps. I agree with what Mr. Dohrn said. I think the City needs to seriously look into putting ramps up where the kids can use it, which is not in a neighborhood but like Princess Anne Park, Mount Trashmore. Places like that. And these kids are certainly resourceful and I'm sure they would love to help and work on Item #14 Janice L. Rowley Page 6 which is residential people have invested in these properties. They don't want to see the property values go down. No real estate agent wants to be showing a house in Oceana right when the planes go over, same kind of concerns. Several of the residents in the area oppose such a recreational area. We have 137 signatures of residence of the Kings Grant neighborhood. And I'd like to provide these to you. And, we just don't feel like it belongs in the middle of the neighborhood. And we want to let you know that we are opposed to Item #14 on the agenda. Ronald Ripley: Thank you very much. We have a question. Bob Vakos. Robert Vakos: Mr. Dohm, and again, I've got a teenage son and he's got lots friends and they like to skate. And trust me if they're not in the backyard, they're probably going to be on the street with pieces of board and pieces of pipe and any kind of curb that's possible. They're there. They're not going away. It seems to me and have you read the conditions that have been proposed by staff, if in fact the Commission approves it? Carroll Dohm: I haven't seen anything more than what's in this agenda. Robert Vakos: Well, its on Page 6 of Item #14. But the bottom line and I think Mrs. Rowley referred to each of them in her comments are things that they would do as parents and guardians of these children to help to mitigate the nuisance issue or the issues that have been brought forth by the staff as well as the neighborhood. It seems to me and the last condition on the list is that it is to be reviewed on an annual basis. Which means that if the complaints are still there, they don't up hold their end of the bargain, the thing disappears. It seems to me that this would be a more palatable situation then having the ramp removed and having all these kids out in front of everybody's house because they are probably going to end up there one way or another. Carroll Dohm: At this point, they're out in front of the house with it. Robert Vakos: Anyway? Carroll Dohm: Yes sir. Robert Vakos: Okay. Carroll Dohm: To the point that it impedes traffic. Ronald Ripley: Mr. Miller? Robert Vakos: Okay, thank you. Robert Miller: You had one thing that you said about sound and noise. Now, what sound and noise is that is causing the concern? Is it the ramp noise? Carroll Dohm: It's the wheels going over the ramp, repetitive. I know it's part of the nature of that sport but it's loud and it's a concern. It's something that she pointed out. A couple of people wouldn't sign their petition for whatever reasons. And I've heard concerns of threats and what have you and how ever you like to turn that from people that I've talked too. I don't know, I don't want to sign that. Robert Miller: You also said that you had 137 signatures. Do these people live or are any of the people that you have signatures from adjacent to this property? Carroll Dohm: Absolutely. Robert Miller: Do you have the same people they have? Carroll Dohm: These people that they did not find at home were happy to sign it. I got a number of signatures up and down New Castle. That is the area that I've covered myself. I can't speak of where all of those signatures. Item #14 Janice L. Rowley Page 5 neighbors on our street that if they have problem with the boys to please let me know that I'm usually at home and I've given some of them my cell phone number. If I'm not home, call me. Ronald Ripley: Ma'am, we're getting close to the five minutes. Karen Stilwell: Okay. Sorry. Ronald Ripley: You need to wrap it up. Karen Stilwell: I think one of the issues is the negative impact on the home values. The house right next door to me sold recently by owner in ten days and he had a waiting list who wanted to purchase that house. He got actually what he wanted for it. I talked to him and asked if he had anybody who was not interested in the house because of the skateboarders and he said no. And many times they were out there skateboarding. He stated that he had not had a problem with them at all. And I guess my final point is that if these kids were down at Farm Fresh, if they were in the parking lot, people would be screaming, where are their parents? And I guess I'm here to tell you they are right here and we're trying to keep an eye on them. We're trying to keep them at home and we're trying to work. We'll work with this however we need to so that we can keep tabs on them. And I appreciate your time. Thank you. Ronald Ripley: Thank you very much. Robert Miller: Michael Shaw? Michael Shaw: A few things that I want"to say. The kids have put about 80-100 hours in petition, building the ramp. They're all good kids, straight A's. That's the only recreation that they have. Ronald Ripley: Thank you very much. Robert Miller: Carroll Dohm? Carroll Dohm: Mr. Chairman and members. I'm Carroll Dohm. I'm the zoning chairman for the Kings Grant Community League. Kings Grant Community League applauds the effort of these young fellows to build this ramp and then now to go through this to try to see if it satisfies everybody. And, it shows a lot of initiative. We don't mean to try to keep them from having an outlet to do this but unfortunately the location doesn't allow them to enjoy this recreation without disturbing other people who have invested in the area and own homes. We just like to see it in a proper setting where it isn't inconveniencing other people. Good points are made that at presently there is not a skate park locally. I understand that there is one being planned for Mount Trashmore to be back open sometime in the future. Basically, the concerns that we have are a lot of them have been reflected in your Planning staffs review. And, the big one being noise. Anybody that's ever heard these things go over them, they make a lot of noise. I think our area is, and I don't know what this means. I heard someone earlier say AICUZ zoned. It's set up for 65 decibels and lower. I don't have a meter and I haven't been out there to see it, but it makes a lot of noise and it makes nearby conversations around the grill or where have you kind of difficult. The next thing was noted here was the concern of loitering or groups of people coming around. That has been an issue out into the street even and all that I can tell you is that it's at that location. We even had people driving by and dropping their kids off from neighboring neighborhoods and their comment was "yeah, they won't let us do that in our neighborhood." We don't want to set a precedence that's okay to have this type of disturbance and then a hangout in our neighborhood either. We're concerned about proper supervision. The ladies assure us that there. It's a concern. We're also concerned about proper insurance. Anybody who's ever known anybody that played on a skateboard knows that occasionally you're going to fall off and hurt yourself. We would like to know if this was to go through that there's proper insurance to cover it. A couple of people that I know in the homeowners business don't think that homeowner's cover it. That's all that I can say about that. I'm not an insurance expert but we're worried about it, the basic zoning issues. It's zoned R-15 Item #14 Janice L. Rowley Page 4 Ronald Ripley: Sixteen? Okay. Janice Rowley: Just turned 16. Ronald Ripley: Yes, Dot? Dorothy Wood: You said that the police were called. We received word that the police are against it in are write up. Janice Rowley: Well, detective or sergeant or whatever Mullins just came by here. They were two bike police officers. T hey came over. In fact, they came twice. At one time I wasn't at home and talked to my son Andrew about it and then they came back the next day and spoke to me. They wanted to see it. I showed it to them. They said that their chief had a memo on the desk and they needed to check it out about this. They said they had no problem with it. They couldn't even see where it was a noise issue but if it was and being that they were both skaters themselves, that putting the seven inch foam around the curb of it would certainly help buffer some of the noise. And they said even the sides and the way the yard was fenced in, they just really didn't see a big problem with it. Dorothy Wood: I've gotten some calls from some of your neighbors and they were concerned, very concerned about it. And several of them have told me that they were afraid of threats from the children by coning to see us. And this really concerns me, the threats if they did come and oppose it. Janice Rowley: I can't believe it. I know that our kids aren't the ones doing any threats. Dorothy Wood: Well, maybe the other kids in the neighborhood. Okay. Thank you. Ronald Ripley: Thank you. Mr. Miller? Robert Miller: Karen Stilwell. Karen Stilwell: Good afternoon. My name is Karen Stilwell. I live at Soo Summerset Lane, which is two doors down from the Rowleys. My son is Andrew. He also skates on this ramp. I guess first I should tell you that I do not work. I made the decision 22 years ago to stay home and raise my children and I've been fortunate enough for that be allowed to happen. My daughter's a senior at JMU. Andrew is a senior at First Colonial High School. I am an active volunteer at First Colonial High School. I logged over 50 volunteer hours during the first six weeks of school. I'm a PTA board member. Even though my youngest is in high school I make every effort to be home in the afternoon and evenings so, I'll know whose he's with and what he's doing. Like Jane, I'm an involved mom. Andrew is an honor student. He's in the gifted and talented program. He's on the gifted advisory board. He takes honors in AP classes. He's taking dual enrollment English. He's on the National Honor Society. He's never missed the honor roll. The past two summers he's worked at Virginia Beach Methodist Church down at 191' Street tending the parking lot. He's never missed a day at work. Sometimes he's a little late but he's never missed a day. He always shows up. He has shoveled snow off the sidewalks for some of the neighbors. He has helped them haul trees that fell out their yard to the curb. And he expects no money in return. He's told me that he does it just to be nice and because they're older and they need a little help. He's a good kid. He works hard and he plays hard and he likes to skateboard. The problem seems to be that there is no place in Virginia Beach for these boys to go and at this time. There seems to be no legal place for them to go. I have made an effort to keep Andrew and his friends off of private property and away from the Presbyterian Church and St. Nick's Church, which do not like to have them there. I have encouraged them in efforts to get some equipment and skateboard at our house. So, that I can keep an eye on them. By having them there in the neighborhood I know who they are. I know what kind of boys they are. I know what they're dying. I listen. I watch and most of them know I know, I'm listening and I'm watching. -I've passed out cases of soda. These are average high school boys from the area, from the Kings Grant area. They all don't live right on our street but they all go to First Colonial High School and they live right within our area. I've told many of the Item #14 Janice L. Rowley Page 3 Janice Rowley: Yes. That two houses next to... William Din: Can you use the laser pointer? Just pull it off the Velcro Janice Rowley: okay. This house here. This one. This one also. This one's for sale. This one. All those have petitioned. They had no problem with it. They wouldn't sign our petition because the civic league had, also to this so they didn't want sign the petition. He wasn't at home. They signed it. And they signed it. There were several who weren't at home. This person here loves it because they say that it helps keep their kids where they know. It's comes to feel that like our sons are babysitting their kids when they're at my house because they know where they are at all times. All these houses here have signed it. Like I said, and all the way down. Some of them were not at home when the boys went around doing the petition. But the majority of them and even some on the New Castle side have signed it and said they had no problem with it. William Din: Most specifically, the people behind you, people on the corner where the R -2o is. Janice Rowley: This one, they were not at home. I think this one had a complaint. I think that's what I've seen a thing about. I don't understand their complaint because they have a pool and everything. It's pretty far from them. It's right up against the house. William Din: So what you're saying then is all the neighbors around you and in the back have actually signed your petition except that one diagonally on the corner? Janice Rowley: Right. But everyone else has had no problem with it. I mean, they agree with us because these boys need to be at home rather than out in these public places that are vacant parking lots skateboarding. Ronald Ripley: Betsy Atkinson has a question for you. Betsy Atkinson: I have one quick question. Do you work? Janice Rowley: Yes, I do. I work at Kings Grant Elementary School during the working hours, so I can be at home when my kids are at home. Betsy Atkinson: Okay. So, you're home in the afternoon? Janice Rowley: I'm at home in the afternoon. Betsy Atkinson: Unless you get a job until five o'clock. Janice Rowley: Oh, no, no. That's why I do work at Kings Grant is so I could be at home. Be off when they're off. Betsy Atkinson: Thank you. Ronald Ripley: What are the ages of your children? Janice Rowley: I have a 12 -year old daughter, a 14 -year old daughter and a 16 -year old son. Ronald Ripley: Do all of them skate? Janice Rowley: No. Only my son. Ronald Ripley: He's 149 Janice Rowley: No, he's 16. Item # 14 Janice L. Rowley Page 2 Ronald Ripley: Okay. Bob, you had a question? Robert Vakos: Mrs. Rowley? You're backyard is entirely fenced in. Janice Rowley: Yes. Robert Vakos: And it's just the one gate by the side, by the basketball net? Janice Rowley: Yes. Robert Vakos: Do you have a lot of kids in your neighborhood, a lot of males? Janice Rowley: I, mean there's a lot of kids. Robert Vakos: Most of the kids that are skating are from the neighborhood? Janice Rowley: Most of the kids are from the neighborhood. Yes. And I have had many parents that I've talked to that they totally support it because they know where their kids are. They call me. They know that their sons are there and it's been kind of a neighborhood place for our kids to go. Robert Vakos: When we were out there and it's within that picture, there's a little pile of lumber to the right. Do they sort of make temporary ramps? Janice Rowley: That actually I have to have brought away. And, I tried getting the trash people. Robert Vakos: But do the kids have a tendency to make shift different skateboard ramps in the streets or on the sides and everything else. Janice Rowley: Well, I mean yeah they do. Robert Vakos: There are five conditions. You've sited every one of them so you're in agreement with all these agreements? Janice Rowley: I'm in agreement totally with them. Robert Vakos: Are there any lights on this skateboard ramp at night? Janice Rowley: I have lights that stay on anyways on my back porch. They are flood lights that are off to the sides that are always on. Robert Vakos: Do they ever play any music out there? Janice Rowley: They probably do in the afternoon. Not at night. But in the afternoon, there is probably some music going on. If that has to be conditioned that there's no music then that would be one of the conditions. I know when I sit out in my backyard in the summer time, I have music going, not loud but I know that kids are going to have it. Robert Vakos: And I have a 19 -year old son that skates. You're music's not the same as theirs. Trust me. Janice Rowley: Right. Oh exactly. You're right. Robert Vakos: Okay. That was my question. Thank you. Ronald Ripley: Anybody else? Will? William Din: On your petition there, if you go back to the neighborhood plan, can you show me typically where you solicited? Who supports your petition? Item #14 Janice L. Rowley Conditional Use Permit East side of Summerset Lane, 227.74 feet south of New Castle Road 808 Surnmerset Lane District 5 Lynnhaven October 9, 2002 REGULAR Robert Miller: The next item is Item #14, Janice L. Rowley. Janice L. Rowley: Good afternoon. I' m here. I'm Janice Rowley. I'm here today for a skateboard ramp in my backyard. And, there's been, I guess opposition to it for the size. And, I'm here because there's nowhere for these kids to skateboard. So, they've spent a lot of hours and time building the ramp in my backyard. So, I know where they are. As an adult, I want to know where my kids are at all times. They're normally home in my backyard. Since this has come up, there have been rules that we've added to the skateboard ramp conditions. I have them posted out on my fence that there shall be no foul language, no loud language. That they are only allowed to skate when there is an adult present. Whether it's myself at the house. Ms. Stillwell down the street. But an adult has to be in the area or at the house while the kids are there. They're not allowed to be there without an adult. There are times that we said that they could skateboard which would be 10-7 but during the week that doesn't happen because they're in school. So, I know that we, the boys have spent a lot of time at trying to get these issues settled. They've gone around to every neighbor that was at home at the time to do a petition to have the neighbors sign the petition asking if it was a problem and if there was a problem with anything to come to us as to what their problems were. And they've got many of the neighbors all around us, on our street that did sign it. And we have the petition here. They also got several of the neighbors behind us to sign the petition saying that they didn't have a problem with it. I know some of the people that are here to oppose. It's about the skateboarding out in the street and that is not what the issue is here. The issue is the skateboarding in the backyard. We've also limited the number of kids that are allowed to be there at one time, which would be five. And there is not normally that many at a time. Now out in the street, there probably are five, six, seven kids there. We've had the police show up a couple of times. In fact, they just had a police officer there. He came and looked at it. Asked me if he could. I showed him the ramp. He said this is a silly issue. It's not even a noise issue. He said if your neighbors are having problems with noise, one of the things you can do is put a seven inch piece of foam on the ramp to buffer the noise, which we are willing to do or will do. He said as far as anything else, you have people in the backyards with pools that are loud. You have people with trampolines that could be loud. The reason that we want to see it stay is because I do know where my son is. They're not bad kids. They're honor roll kids. They make great grades. They're 16, 17 years old. They're not smoking. They're not drinking. They're not doing drugs. They're at the house. They're skating. They're not bothering anybody. Yeah, I'm sure they get a little loud. And we have controlled that. And there was a boy there that was doing some foul language. He's no longer allowed to come over. So, we are trying our best to do what we've been asked by neighbors, by whoever, by the City, by the police. And we've done all that. We would just like to see it stay. I don't want to see my son up at the church parking lot skateboarding. Over at the Ames parking lot skateboarding because that is what's going to happen if this ramp has to come down. They're going to look for other places. I know I've been down Laskin Road many times and seen all those kids on that abandoned area skateboarding and there's a lot of kids doing that. At least we have them in our backyard. We know where they are. They're done by dark now. I don't even let them skate after dark. On Sunday, I think someone said was an issue. It's not an issue. My kids are involved in soccer. We're not even at home on Sunday. No one's allowed in my yard when we're not there. If I need to put a lock on it, I can do that too to keep them out. There's a six- foot fence around there. If they then decide to get in the backyard then they're trespassing and I do have one of those signs up also. Applicant's Name: List All'Current Property Owners: APPLIGATIDNPAG��4 OF4 ALUMPU RME�-T -. DISCLOSURE STATEMENT 2,n z cr, L . 25 s,iJe" PROPERTY OWNER DISCLOSURE If the property owner is a CORPORA'T'ION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) f i 3 F E i r � L Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. I i tf the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT Discwsu E If the applicant is a CORPORATION, list all officers of the Corporation below: (Atter -h list if necessary) F i If the applicant is a PARTNERSMP, FIRM, or ether UNINCORPORATED 'ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ❑ Check mere if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: d certify that the information contained herein is true and accurate. � Sig r E Print Name PlanningCommission Agenda °= x 9x °y s October 9, 2002 = r JANICE L. ROWLEY / # 14 °• •�� �•° Page 8 I am aware that officers have responded to this location at least five times in the past three months on calls regarding juvenile problems and nuisance complaints. I am opposed to a recommendation that will allow the continuation of neighborhood complaints and the other concerns identified by Master Police Officer Eaton. Thank you for your consideration in this matter which affects both the police department and also a residential community. Sincerely, .. Glendon, Captain Commanding Officer Third Police Precinct MJG/hem 0 �1 �—417 d fiS of OUR NP11"' � DEPARTMENT OF POLICE October 111, 2002 Councilman James L. wood 208 Ash Avenue Virginia Beach, VA 23452 Dear Councilman Wood: C AY- Of MUNICIPAL CENTER BUILDING 11 2509 PRINCESS ANNE ROAD VIRGINIA BEACH, VA 23456-9064 I am forwarding this correspondence in an effort to clarify the position of the Third Police Precinct regarding a homeowner's request for a skateboard ramp at 808 Summerset Lane in Kings Grant. It is my understanding that patrol officers were at this location and made comments to the owners which reflected the officers' personal feelings. Furthermore, I have heard that these comments were presented at a Planning Commission hearing at which a vote was taken which supported a skateboard structure at this location. Although I am confident that these young officers meant no harm, their personal feelings are not in keeping with this command's recommendation. while the officers let their individual values be known, I feel it is important to balance other values; particularly professional, organizational, and public interest values. It is my understanding that Master Police Officer Jeff Eaton proffered an opinion based on his evaluation utilizing Crime Prevention Through Environmental Design philosophies. I further understand this approach resulted in his recommendation of denial of this structure. At the Third Precinct we have worked diligently with citizens and other city agencies to address a number of quality of life issues in a variety of neighborhoods; several of which involve nuisance abatement. Our intent is to assist in providing a quality environment, inclusive of one in which all citizens may enjoy peace and tranquility in their communities. With this in mind, my position is that a skateboarding structure, at a location such as this one on Summerset Lane, is incongruent with the goals and objectives of this command. y I • .�. u cli x� jttle F. i F � w r � Ln - um e A f� r }4 41 0 PF Irs f � itZ 515531—VOIbU p KtVlbtU AVU. 1101 VVV& LOT 52 LOT 51 IP(r) .3-01 tN S 03'60'00" F- 1 05,00 on UNE 2.11 IN ...... . .... wow RAMP F1L r PORT. S' DRAINAGE MME UMUTY ESM'T, SHED M.8, 70 P0. 41 --a -I -F LOT 46 FENCE 4' WON FMMNCE Ali ON LINE ON LINE LOT 47 LOT 45 3: 2 STWY up. M. so 1 • a. z C.,V OUT x,27.74 To P.1, OF N 03W"00" W 105.00, NEWCASTLE ROAD SUMMERSET LANE (501 R/W) Planning commission Agenda October 9, 2002 JANICE L. ROWLEY / # 14 Page 6 1 . Skating on the ramps shall be limited to the hours of 10:00 a.m. to 7:00 p.m. 2. The ramp shall not be enlarged beyond its current dimensions and shall remain in the rear yard a minimum of 15 feet from the side and rear property lines. 3. No more than five skaters (including observers) shall be present at one time. 4. An adult shall be present on the property at all times when the skateboard ramp is in use. 5. The Planning Director or his Designee shall administratively review the skateboard ramp use on an annual basis. If the Planning Director or his Designee determines that there is reason to reassess the request, the request will be brought back to the City Council for public hearing and may be revoked. NOTE: Farther conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(8) of the City Zoning Ordinance for further information. Planning Commission Agenda October 9, 2002 JANICE L. ROWLEY 1 * 14 Page 5 Site Design V. • The ramp is 2 feet, 8.5 inches high, 10.5 feet wide, and 23 feet long. • The ramp is located behind the house, approximately five feet from the porch. The ramp is 15 feet from the north (side) property line and 54 feet from the east (rear) property line. Evaluation of Request This request is not acceptable. Due to the limited size of the lot and close proximity of neighboring dwellings, a backyard skateboard ramp at this location causes a legitimate nuisance for neighboring property owners. When in use, these ramps create noise beyond the level of typical residential backyard activity. On a larger, 'More isolated lot, these ramps can exist without causing too much disturbance. Unfortunately, in this case, there is little that can be done to reduce the noise. Staff recognizes the limited opportunities for skateboarders in the City, and Parks and Recreation is currently working to provide a City facility. A project recently approved in the 2002-2003 Capital Improvement Plan (C1P 4-033) includes funding for construction of a skate park, tentatively planned for Mount Trashmore. Construction for the Mount Trashmore skate park is currently scheduled for fall 2003. Parks and Recreation has been working with a skate park focus group over the past year to help specify user needs. At this point, it is unclear whether there will be future funding for smaller skate parks in other locations in the City. Therefore, staff does not recommend approval of this request. However, if the request is approved, the following conditions are recommended. Conditions 4 /,p Planning Commission Agenda, October 9, 2002 = J r y JANICE L. ROWLEY / # 14 ` Page 4 Public Safety Police: This type of use typically generates noise complaints from neighbors, thus requiring police response/action. Fire and Adequate — no further comments. Rescue: Comprehensive Plan The Comprehensive Plan recommends low density residential land use at or below 3.5 dwelling units per acre for the subject area. The land use policies in the Comprehensive Plan clearly discourage uses or activities in stable residential areas that compromise the peace, tranquility, character and safety of the surrounding residential area. Based on the size of the existing skateboard ramp structure and the close proximity of adjacent property owners, the following concerns arise: number of persons attracted to the site to use the structure, increased noise disruptions, possible loitering on neighborhood streets, hours of operation, and negative impacts on property values. These are unfavorable potential impacts imposed on the abutting property owners and the larger surrounding neighborhood. This type of use is better suited to designated recreational areas where City supervision, operation and maintenance controls can be implemented. Summary of Proposal Background / Proposal • Due to the potential nuisance the use of backyard skateboard ramps can cause to neighboring properties, skateboard ramps beyond a certain size are considered to be a "recreation facility of an outdoor nature" and thus require a conditional use permit in residential districts. Previous interpretations of the City Zoning Ordinance and past court rulings support this determination. • The skateboard ramp was constructed on the subject property in early May of 2002. The Permits and Inspections Division received a complaint May 28, 2002 that the ramp was constructed without a building permit. On July 10, 2002, the Zoning Enforcement Section of the Current Planning Division received a complaint about the ramp. A Notice of Violation was issued on July 15. The most recent complaint was received September 16. • The applicant proposes to Beep the ramp on the property and has offered to limit hours of its usage from 10:00 a.m. to 9:00 p.m. during the summer months (when school is out of session) and 10:00 a.m. to 8:00 p.m. during the winter months (when school is in session). Planning Commission Agenda October 9, 2002 JANICE L. ROWLEY / ## 14 Page 3 Major Issues: • Degree to which the skateboard ramp is compatible with neighboring residential properties. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The 15,000 square foot property contains a two-story house with a fenced -in back yard. The property is zoned R-15 Residential District. Surroundinci Land Use and Zonin North/South/ • Single family residential dwellings / R-15 West: Residential District East: . Single family residential dwellings / R-20 Residential District Zoning _History On the west side of Little Neck Road, the Kings Grant neighborhood, which includes the subject property, was rezoned from a lower density residential category to a variety of higher density residential categories and some commercial in 1963. On the east side of Little Neck Road, across from the terminus of New Castle Road, the property around Poplar Bend was rezoned from R-30 Residential to a slightly less dense R-20 Residential zoning category in 1995. Two years ago, on August 8, 2000, a similar application for backyard skateboard ramps was denied for a one -acre property in the Thoroughgood neighborhood. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics ■ i�www_r_w�_, -�� The property has residential landscaping typical for this area with a grassed lawn, foundation shrubs, and a few mature trees. Public Facilities and Services Water and Sewer The property is connected to City water and sewer. Transportation No significant traffic generation is anticipated with the skateboard ramp. Planning Commission Agenda October 9, 2002 JANICE L. ROWLEY / # 14 Page 2 JANICE L. ROWLEY / # 14 October 9, 2002 General Information: APPLICATION G05 -210 -CUP -2002 NUMBER: REQUEST: Conditional Use Permit for a recreational use of an outdoor nature (skateboard ramp). ADDRESS: 808 Summerset Lane ManM� _GScalc fantce L. Rowle P 4 d C I FEVd f ` r R, 20 2 r c2 1 3, i f r 2 5 0 r I i 'ry 50 r % ii i �40� � ��CO) 0000 49 3 i s f Gpin 1488-82-9082 GPIN: 14888290820000 ELECTION DISTRICT: 5 — LYNNHAVEN SITE SIZE: 15,225 square feet STAFF PLANNER: Ashby Moss PURPOSE: To continue using a homemade "half -pipe" skateboard ramp in the backyard of the subject property. The applicant was informed that the skateboard ramp was not permitted without a conditional use permit in July 2002 when the Zoning Enforcement section of the Current Planning Division issued a Notice of violation. Complaints have been called in on three separate occasions about the skateboard ramp on the subject property. The Zoning Administrator has determined that half -pipe skateboard ramps are large enough to be considered "outdoor recreation" and therefore necessitate a conditional use permit. However, if only one sheet of plywood were used to create a "quarter -pipe," the ramp could remain on the property without a conditional use permit. Planning Commission Agendas_ r' October 9, 20020~- �' JANICE L. ROWLEY 1 # 14 °•`��°-''! Pagel Janice L. Rowley Page 2 of 2 1. Skating on the ramps shall be limited to the hours of 10:00 a.m. to 7:00 p.m. 2. The ramp shall not be enlarged beyond its current dimensions and shall remain in the rear yard a minimum of 15 feet from the side and rear property lines. 3. No more than five skaters (including observers) shall be present at one time. 4. An adult shall be present on the property at all times when the skateboard ramp is in use. 5. The Planning Director or his Designee shall administratively review the skateboard ramp use on an annual basis. If the Planning Director or his Designee determines that there is reason to reassess the request, the request will be brought back to the city Council for public hearing and may be revoked. 6. The applicant shall insulate the ramp to assist in mitigating the noise. 0�r r 46CITY OF VIRGINIA BEACH U AGENDA ITEM 8F OUR HAVIO*S TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Janice L. Rowley -- Conditional Use Permit MEETING DATE: November 12, 2002 Background: An Ordinance upon Application of Janice L. Rowley for a Conditional Use Permit for a recreational use of an outdoor nature (skateboard ramp) on the east side of Summerset Lane, 227.74 feet south of New Castle Road (GPIN 14888209082). Said parcel is located at 808 Surnmerset Lane and contains 15,225 square feet. DISTRICT 5 — LYNNHAVEN. The applicant proposes to continue using a homemade "half -pipe" skateboard ramp in the backyard of the subject property. Considerations: The applicant was informed that the skateboard ramp was not permitted without a conditional use permit in July 2002 when the Zoning Enforcement section of the Current Planning Division issued a Notice of Violation. Complaints have been called in on three separate occasions about the skateboard ramp on the subject property. The Zoning Administrator has determined that half -pipe skateboard ramps are large enough to be considered "outdoor recreation" and therefore necessitate a conditional use permit. However, if only one sheet of plywood were used to create a "quarter -pipe," the ramp could remain on the property without a conditional use permit. Due to the limited size of the lot and close proximity of neighboring dwellings, a backyard skateboard ramp at this location causes a legitimate nuisance for neighboring property owners. When in use, these ramps create noise beyond the level of typical residential backyard activity. On a larger, more isolated lot, these ramps can exist without causing too much disturbance. Staff felt that this request was not acceptable and there was opposition. Recommendations: The Planning Commission passed a motion by a recorded vote of 6 to 5 to approve this request with the following conditions: Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agenc:Planning Department City Manager � `6v� ■ i _ z pe qmrmk • An do,1 /1 Y ap -�,.o S�a.e ' Mai Not , Frtncess Anne Uountry U lub l n 1 /OOA " i � 5 65 R-40� ` 1 11 1 1 L 11 l Ilk - 1 1 Llk�khorn cc) PARK V 1 I 0158 ',�l 1 C3 ' � 1 Ej 0 -4 0 1 R-40 mom See Application ZONING HISTORY 1. Change of Zoning (R-6 Residential District to R-8 Residential District) — Granted 4-12-82 2. Conditional Use Permit (church expansion) - Granted 3-16-87 Conditional Use Permit (church expansion) — Granted 6-27-00 3. Change in Nonconforming Use — Granted 4-12-89 Change in Nonconforming Use — Granted 12-18-89 Conditional Use Permit (outdoor recreation facility) - Granted 12-18-89 Change in Nonconforming Use — Granted 3-12-91 4. Change in Nonconforming Use — Granted 3-9-93 Item #10 Princess Anne Country Club Page 2 VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 11-0, the motion passes. Item #10 Princess Anne Country Club Conditional Use Permit for a golf cart storage facility Northeast corner of Holly Road and Linkhorn Drive District b Beach October 9, 2002 CONSENT Dorothy Wood: Item #10, Princess Anne Country Club. An Ordinance upon Application of Princess Anne Country Club for a Conditional Use Permit for a golf cart storage facility on the northeast corner of Holly Road and Linkhorn Drive. This is in the Beach Borough. R.J. Nutter: Thank you Ms. Wood. Mr. Chairman, members of the Commission for record, my name is R.J. Nutter. I represent the applicant. We have received the revised conditions from Carolyn. They are fine with one exception, which Carolyn knows that she omitted. And that she forgot to omit what was condition #2 dealing with the landscaping on the north side. And I understand that she has no objection for the removal of that as we discussed this morning. So, with that one modification the conditions are acceptable. Dorothy Wood: Thank you. Is there any opposition to Item #10, eight conditions for the Princess Anne Country Club? Seven conditions. Hearing none, Mr. Horsley? Donald Horsley: We anticipated no objections to this application. One of the conditions was the elevations presented be the actual building and I think that was stated in the conditions. The seven conditions will collectively ensure that the larger golf course facility maintains an important asset in a good community. We feel like it deserves Consent agenda status. Dorothy Wood: Thank you. I would move to approve number 10 with eight conditions. Kay Wilson: Chairman Ripley? Ronald Ripley: Yes. Kay Wilson: If I might, I believe agenda item 10 has seven conditions. Dorothy Wood: Seven. I'm sorry, seven conditions. Dorothy Wood: Thank you. Ronald Ripley: 'c'hat's what I have also. Okay. That's the motion. Do I have a second? Donald Horsley: Second. Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of these matters? We're ready to vote. AYE 11 NAY 0 ABSENT 0 ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE" AYE STRANGE AYE rW��! APPLICATION PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT Applicant's Name: c �1c�S ACu�n �r List All Currenr Property Owners: Fro\cess y-ime CoLkA4rrcq' _ 4 1 f PROPERTY OWNER Msuosum If the property owner is -a CORPORATION, list all officers of the Corporation below: (Attach list if necessary t ip Me . o4S f�� r, ' !r If the property owner is a PARTNERSHIP. Fes, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) f f Check here if the property owner is NOT a corporation, pamership, fi, or other unincorporated organization. I If Me applicant is not the current owner of the. preperry, complete rhe Appllicatrt Disclasrtre ,section -below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list ail officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNE EUP, FIRK or other UNINCORPORATED ORGANMATYON, list all members or partners in the organization below: (Auach list rfnecessayy) f 1 II S j l� Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTMCATION: I certify that the information corAained herein is True and accurate. at o nt name mss". Planning Commission Agenda October 9, 2002 PRINCESS ANNE COUNTRY CLUB 1# 10 Page 12 Planning Commission Agenda sr x October 9, 2002 .z PRINCESS ANNE COUNTRY CLUB / # 10 .�''•• '`` YYf •M'YY Page 11 r ��,� tea. � +,<� ,� ;� , •,:r,.��r � .: A� .r SAL • ..a'v. �<; . Y, .��,r .,., .'r V& m 3 4 R s i Yom. .yam... - : I }, 4 j• MIX. L �L� ~'• - L�It t uyyyy� y �� F Ire VL Nil IF q.#� - �`'' ,�;.�` 5 y, � ala?lam •!{}} &=tr}y;i IF yr . ��: :,_ fid"• } S K " :Z pm Y• - �1f/. ��may'. 4 .. r �! R�IY�� ��t � • __ rte' .. �, •� �'. �� i�� r1 0 ,, Peff- ri IsNorthern Pi w u Elevation -5w;� ` air Planning Commission Aaand;; October 9, 2002 PRINCESS ANNE COUNTRY CLUR 1 9 1 n Nang 1 [] ✓lam h r _. dr bo.[a�r •f ,Tye »•� •, �t 04 6Y cr .• air" E.i {. ` LA 41 tA .w 'I s +i �..»Y . gal", il ,. ,.. it It fs!fy i• Wg � � r::L ' z .., �� 1 ► - d tANEWa.: hK r r� k" LWI pone 41 + r µ i1r x It j -r :�,-.Yam i • � y 4k: ;� " : (�. _ �� � Y ,c f tl'�r�.,'� �� �� �.,?•.:�.-�F it BE V1.:ri:~= n.,: Lin Panning Commission October Agende 9, 2002 PRINCESS ANNE COUNTRY CLUB 1 # 1C Pana C fi ..B�c Planning Commission Agendas i y October 9, 2002 PRINCESS ANNE COUNTRY CLUB 1# 10 '`' ••t-•''� Page 8 Planning Commission Agenda : 9, 2002 October PRINCESS ANNE COUNTRY CLUB ! # 10 ''"•••�� �•�•`� Page 7 HOLLY ROAD err :le T=��Gti' 34�r9• C., 4b33' i I b� I �i .. i w 1 ; 1 I r• CRAY STORAGE ' GYM ame 1 3 -�' - ,ia , -- STOOP 4 -• i UAL Ir �L i I $PAC t 1 J I LM 3 .13 00" w x ;a F ! � F�R�tti�55 ANNEQIJ.hTYY CHUB z VDtCrP," 4EAO-t Vel $ (3` A3'9)0* E S&M! U1"WjCtvN8A1.*AC3•ifTf Cn i 5{tlae}5r[If1 NORTH Ati�``. c Planning Commission Agenda October 9, 2002._ , PRINCESS ANNE COUNTRY CLUB 1 # 10 a Page 6 Conditions 1. Foundation landscaping shall be installed along the entire building fagade and screen/wall facing Holly Road. This plant material must be a minimum of eighteen (18) inches in height at the time of installation and planted at no greater a distance than four (4) feet on center. Said landscaping shall be depicted on either the final site plan or on a separate landscape plan to be submitted to the Development Services Center for review. 2. No repair, washing, storage or maintenance of golf carts or any other vehicles shall be performed outside the limits of the screened area depicted on the concept plan. 3. The storage of hazardous, flammable or combustible materials on site, such as waste oils and petroleum products, shall comply with the provisions of the Virginia Statewide Fire Prevention Code. 4. All wastewater from cart washing shall be disposed of according to federal, state and local guidelines. 5. A Certificate of Occupancy shall be obtained from the Building official's office prior to occupancy. 6. when the property is developed, the building shall be constructed in substantial conformance with the elevations entitled, "Princess Anne Country Club, Cart Barn, Linkhom Elevation, Holly Road Elevation, North Elevation, & East Elevation," prepared by Diedrich/NBA-Architects, dated August 15, 2002, which have been presented to the City Council and are on file in the Department of Planning. 7. The two (2) existing mature trees along the northem property line shall be preserved. These trees shall be depicted on the final site plan and adequately protected during construction of the proposed facility. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(8) of the City Zoning Ordinance for further information. Planning Commission Agenda October 9, 2002 PRINCESS ANNE COUNTRY CLUB l # 10 Page 5 subject parcel). • The site of the current golf cart building will be used for the addition of 89 parking spaces for the club. This additional parking was approved with a prior request. • The proposed building on the subject parcel appears to be approximately 50 feet by 93 feet. The total enclosed area will be 4,633 square feet. Vehicular and Pedestrian Access • Entrance to the new cart facility will be from Linkhorn Drive. No direct access will be provided along Holly Road. • Pedestrian access appears to be adequate. Architectural Design • The elevation depicts a one and one-half story building with concrete roof tiles. The primary exterior building material will be a cement fiberboard shake (HardiPlank) with synthetic stone accents at the water table. • Dormers are shown on the west (Holly Road) and south (Linkhorn Drive) elevations. These dormers will have aluminum, prefinished louvers. The windows on the first floor will be topped with fabric awnings. • An eight (8) foot high wall, constructed of the shingle siding identical t0 that of the building, is proposed adjacent to a portion of the front of the building, facing Linkhorn Drive. This screen also extends approximately 18 feet on each side of the building facing Holly Road. Landscape and Open pace DesicLn • No landscape plan was provided with the application. Recommended conditions provided below address landscaping. Also, should this request be approved, landscaping will be required in accordance with City development ordinances. Evaluation of Request The request for a Conditional Use Permit for the golf cart facility is acceptable. The conditions listed below will collectively ensure that the larger golf course facility remains an important asset and good neighbor in this community. The proposed conditions address landscaping to provide a screen between this use and the residential dwelling to the north. Additional landscaping is recommended along the fagade facing Holly Road to provide visual relief. Planning Commission Agenda October 9, 2002 PRINCESS ANNE COUNTRY CLUB / # 14 Page 4 to the west. This site must connect to City sewer. Tranworta�n Master Transportation Plan (MTP)/ Capital Improvement Program (CIP): Both Holly Road and Linkhorn Drive are designated as two (2) lane local streets. No improvements are proposed within the Capital Improvement Program. Traffic Calculations: Street Name Present Present _Generated Traffic Volume Capacity_ Linkhorn Drive D ta 6,200 ADT ' Existing Land Use 2 — 20 ADT ailanot ble Proposed Land Use 3 — 643 ADT Holly Road Data 61200 ADT ' ailanotble 'Average Daily Trips 2 as defined by current R-7.5 zoning, potential for 2 dwellings 3 as defined by the existing 18 hole golf course — no increase in golf course traffic expected by adding this parcel to the golf course. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CEPTED) concepts and strategies. Fire and Adequate -- no additional comments. Rescue: Comprehensive Plan The Comprehensive Plan's policies and land use map both recognize this portion of the Oceanfront Planning Area as a low-density single-family residential area. In an effort to address the diversity of needs and desires of residential communities, the Pian does acknowledge that nonresidential uses can be compatibly located within communities. Summary of Proposal Proposal • The Princess Anne Country Club proposes to construct a new building for the maintenance and indoor storage of motorized golf carts used by the country club. Within the building, routine maintenance and repair work as well as the washing of carts will be performed. There will also be a small office area, lounge area and bag storage inside the building. Site Design • The concept plan depicts the demolition of the existing golf cart building and relocating it to a 16,988 square foot parcel north of Linkhorn Drive (the .NIA' Planning Commission Agenda October 9, 2002 PRINCESS ANNE COUNTRY CLUB / # 10 Page 3 Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The residentially zoned parcel is developed with an asphalt parking lot. The site is currently zoned R- 7.5 Residential District. Surrounding Land Use and Zonis North: Single-family dwellings / R-7.5 Residential District South: • Princess Anne Country Club parking lot / R-7.5 Residential District East: • Single-family dwelling (owned by nearby church), City pump station, multi -family dwellings / R-7.5 Residential District, R -5D Residential District West: Holly Road, golf course / R-40 Residential District Zoning Histo[y The Princess Anne Country Club has expanded its facility on numerous occasions. These expansions and additions required review and approval from City Council. Most recently, in 1991, the Council approved the upgrade and replacement of the clubhouse and the pro shop. In 1959, City Council also approved requests for modifications to the club property as well as a conditional use permit for an outdoor recreation facility. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 79 to 75dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The site is within the Chesapeake Bay watershed. No significant environmental features are present on the site as it is almost entirely impervious. Public Facilities and Services Water and Sewer Water: There is an eight (8) inch water main in Holly Road fronting the property. There is a six (6) inch water main in Linkhorn Drive fronting the property. This site must connect to City water. Sewer: Pump Stationl33 fronts the property on Linkhorn Drive. From the pump station, there is a three (3) inch sanitary sewer force main in Linkhorn Drive that fronts the property to the south. There is a six (6) inch gravity sanitary sewer main in Linkhom Drive that fronts the property to the south. There is a six (6) inch gravity sanitary sewer main in Holly Road fronting the property to the west. There is a sixteen (16) inch force main in Holly Road fronting the property Planning Commission Agenda October 9, 2002 PRINCESS ANNE COUNTRY CLUB I # 10 Page 2 PRINCESS ANNE COUNTRY CLUB / # 10 October 9, 2002 General Information: APPLICATION L05-21 d -CUP -2002 NUMBER: REQUEST: Conditional Use Permit for a golf cart storage facility (outdoor recreation). ADDRESS: Northeast corner of Linkhorn Drive and Holly Road. Map L'.)MooPr nc o❑ Not . a Scale Q ZI� 65 40 N — 1 Li�khorn,A PAR 1� 5 �% , T0156 R-40 j� .1 tiJ � i _ 1 ' /1 0 ti 137 I �a r'" R-40 nne Countm Club • RA Major Issues: • Degree to which request is compatible with surrounding land uses. Planning Commission Agenda October 9, 2002 See A"licatim GPIN: 2418659235 ELECTION DISTRICT: 6 — BEACH SITE SIZE: 16,988 square feet STAFF PLANNER: Carolyn A. K. Smith PURPOSE: To relocate the indoor storage, maintenance, washing and repair of the club's motorized golf carts to a new 4,633 square foot structure. Major Issues: • Degree to which request is compatible with surrounding land uses. Planning Commission Agenda October 9, 2002 It,. R, 16. r1 PRINCESS ANNE COUNTRY CLUB 1# 10 Page 1 Page 1 of 1 Carolyn Smith - APPLICATION#LOS -210-CUP-2002 From: <JBER53223@ao1.com> To: <pianadm@vbgov.com> Date: 10/7/2002 12:35 PM Subject: APPLICATION# L05 -210 -CU P-2002 CC: <WADI RM D@ao1.com> WE OWN THE PROPERTY LOCATED AT 3901 HOLLY ROAD. WE HAVE REVIEWED PRINCESS ANNE COUNTRY CLUB'S("PARC") CONDITIONAL USE PERMIT APPLICATION # LDS -210 -CUP -2002 IN WHICH THE PAAC SEEKS APPROVAL FOR A CART BARN ON LAND TO OUR SOUTH. WE WISH TO EXPRESS OUR SUPPORT OF THE APPLICATION, AS WE THINK IT WILL IMPROVE OUR PROPERTY AND BENEFIT THE SURROUNDING COMMUNITY. IN ADDITION, WE SUPPORT PAAC'S REQUEST TO LOCATE THE FENCE SURROUNDING THE "ART BARN ON OR NEAR OUR COMMON PROPERTY LINE. IN OTHER WORDS, WE RECOMMEND THAT THE CITY NOT REQUIRE THE FENCE TO BE SET BACK 3 FEET FROM THE PROPERTY LINE. THE PAAC HAS AGREED THAT, UPON COMPLETION OF THE CART BARN, THE PAAC WILL CONVEY, AT PAAC'S EXPENSE, A SMALL PARCEL OF LAND AT THE REAR OF OUR PROPERTY, WHICH WILL ALLOW US TO STRAIGHTEN THE PROPERTY LINE BETWEEN US.AT THAT TIME, PAAC WILL CLEAR THE SMALL PARCEL OF LAND FOR US. THIS SEEMS TO US A FAIR COMPROMISE. SINCERLY, JAMES R. BERNARD BARBARA L. BERNARD file://C:1Documents%20and%205ettingslcaksmith\Local%20Settings\Temp\GW) 00d02.H... 10/7/2002 Princess Anne Country Club Page 2 of 2 performed outside the limits of the screened area depicted on the concept plan. 3. The storage of hazardous, flammable or combustible materials on site, such as waste oils and petroleum products, shall comply with the provisions of the Virginia Statewide Fire Prevention Code. 4. All wastewater from cart washing shall be disposed of according to federal, state and local guidelines. 5. A Certificate of Occupancy shall be obtained from the Building official's Office prior to occupancy. 6. When the property is developed, the building shall be constructed in substantial conformance with the elevations entitled, "Princess Anne Country Club, Cart Barn, Linkhorn Elevation, Holly Road Elevation, North Elevation, & East Elevation," prepared by Died richlNBA-Architects, dated August 15, 2002, which have been presented to the City Council and are on file in the Department of Planning. 7. The two (2) existing mature trees along the northern property line shall be preserved. These trees shall be depicted on the final site plan and adequately protected during construction of the proposed facility. o CITY OF VIRGINIA BEACH T.AGENDA ITEM G ' } S �s� OF Qul NpTtiq TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Princess Anne Country Club — Conditional Use Permit MEETING DATE: November 12, 2002 Background: An Ordinance upon Application of Princess Anne Country Club for a Conditional Use Permit for a golf cart storage facility on the northeast comer of Holly Road and Linkhorn Drive (GPIN 2418848585; 2418659235). Said parcel contains 16,988 square feet. DISTRICT 6 — BEACH. Considerations: The purpose of this request is to relocate the indoor storage, maintenance, washing and repair of the club's motorized golf carts to a new 4,633 square foot structure. Within the building, routine maintenance and repair work as well as the washing of carts will be performed. There will also be a small office area, lounge area and bag storage inside the building. The Planning Commission placed this item on the consent agenda because the golf cart facility is an acceptable use for the site and the attached conditions will ensure that the larger facility remains an important asset and good neighbor in this community. Staff recommended approval and there was no opposition to this request. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve this request with the following conditions: 1. Foundation landscaping shall be installed along the entire building fagade and screen/wall facing Holly Road. This plant material must be a minimum of eighteen (18) inches in height at the time of installation and planted at no greater a distance than four (4) feet on center. Said landscaping shall be depicted on either the final site plan or on a separate landscape plan to be submitted to the Development Services Center for review. 2. No repair, washing, storage or maintenance of golf carts or any other vehicles shall be Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ,, M Submitting Department/Agency: Planning Department City Manage S)� ` Gpin 1479-,87-4621 and 1525 ZONING HISTORY 1. Conditional Use Permit (home for aged) Approved 7-9-96 Rezoning (R-6 Residential to B-2 Business) Denied 3-16-87 Street Closure Approved 9-21-87 2. Conditional Use Permit (church) Approved 5-25-93 Conditional Use Permit (church) Approved 3-21-77 3. Modification of Conditions Approved 9-10-96 Rezoning (R-7.5 Residential to conditional 0-1 Office) Approved 10-25-94 Rezoning (B-2 Business to conditional 0-1 Office) Approved 10-25-94 Rezoning (R-6 Residential to B-2 Business) Approved 1-25-82 4. Subdivision Variance Approved 8-25-98 5. Conditional Use Permit (private school addition) Approved 2-28-95 Conditional Use Permit (private school) Approved 3-26-90 6. Rezoning (R-5 Residential to B-2 Business) Approved 11-18-85 7. Conditional Use Permit (pony rides/firewood) Approved 7-2-84 Rezoning (RS -4 Residential with T-1 Tourist Supplement to CL -3 Commercial Limited) Approved 9-17-73 8. Conditional Use Permit (school addition) Approved 8-22-83 9. Rezoning (R-6 Residential to P-1 Preservation) Approved 12-17-79 10. Conditional Use Permit (automatic car wash) Approved 8-20-79 11. Rezoning (RS -4 Residential to CG -3 Commercial General) Approved 8-10-70 Conditional Use Permit (gas station) Approved 8-10-70 Item #21 A.J. Ventures, Inc. Conditional Use Permit for a carwash 4357 Shore Drive District 4 Bayside October 9, 2002 CONSENT Dorothy Wood: The next item is Item #21, A.J. Ventures, Inc. It's an Ordinance upon Application of A.J. Ventures, Inc. for a Conditional Use Permit for a carwash on the south side of Shore Drive, 550 feet west of Treasure Island Drive. It is in the Bayside District. Eight conditions Mr. Gambrell. Bill Gambrell: Thank you Mrs. Wood. All the conditions are acceptable. My name is Bill Gambrell. I represent the applicant. Dorothy Wood: Thank you Mr. Gambrell. Is there any opposition to A.J. Ventures? Hearing none, Mr. Din? William Din: Yes. I guess in tradition of Bill Gambrell, he's come up with an interesting here, presenting an interesting concept anyway. This is a carwash that's going to bring some new life to an existing fast food restaurant on Shore Drive. The redesign actually improves the site. It conforms with the Shore Drive Guidelines. It actually improves the storm water drainage from this area. And the building itself is an added addition that will improve what you see along Shore Drive. And since there is no opposition we're putting it on the Consent agenda. Dorothy Wood: Thank you Mr. Din. I would move to approve number 21 with eight conditions. Ronald Ripley: That's the motion. Do I have a second? Donald Horsley: Second. Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of these matters? We're ready to vote. AYE 11 NAY 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE ABSENT 0 ABS 0 Ronald Ripley: By a vote of 11-0, the motion passes. A 1'PLrI CATION PAGE 4 Of 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT i,QPltant's Name; A Veve JAC , Ast All Currenr 'roperty 0%vners: PROPERTY OWNER DISCLOSURE 'the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list i f ecessan-) L�A rr. 0� L..►trfy% r the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list 'I members or partners in the organization below: (Attach list if necessary) 7 Check here if the property. owner is NOT a corporation, partnership, firm, or other unincorporated i organization. 3 I ffhe applicant is not tire currew owner of the property, compete lite Applicant Disclosure sectYon below: � I APPLICANT DISCLOSURE the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list f necessary) E the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all .embers or partners in the organization below: (Attach list if necessary) 1 . 1 Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. � `ERTIFICATION: f certify} that lite information contained Herein is true and accurate, t Signature Print Name � Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. l # 21 Page 12 Punning commission Agent October 9, 20C A. J. VENTURES INC. / # 2 Pang 1 Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. / # 21 Page 10 moo`` DWI/ ;r- • r 7 Now. E s :STi Pe tR jLZOAY . ti ss cat Nd i MM NOW rnrrrMtr�r ; � f } 1 oom" I T IV :" 1' � �'•'••�.• . waw�r+.+�lsa�4 r�� s,� i a sM r.rY7 tv: a ; �� aare_a fes► ?�€ tit'I�� � biz=L��"�� �}�i'{�=i� +•;+'; >r + IL Al J f yt //�: a'I�,� jos, i QQ 'f[l�.�f�*yrs r��• }L{}k ++..+.�r++r.-.�r..r�lM m. Etl;l; #fir on waenan DctnhQ 9 a a $w x O 64 vi Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. I # 21 *' '' �• .. ,�,,.-•' Page 8 Additional foundation landscaping should be added to the west side in the areas not used for vehicular or customer entrances. • Finally, the existing landscaping on the western and eastern sides of the property will remain. On the western side, a row of Sargent junipers and willow oak tree separate the subject property from the adjacent restaurant. On the eastern side, a dense, natural vegetated buffer borders Lake Joyce. Evaluation of Request The applicant's request for a conditional use permit for a car wash is acceptable. This area of the Shore Drive corridor possesses a strip of neighborhood -serving retail and related uses and a car wash facility is appropriate in such an area if compatibility with any adjacent residential can be assured. Although car wash businesses can be particularly intense adjacent to residential properties, the applicant has taken strong measures to mitigate any impacts to the neighboring residential properties. A new wood fence and 15 -foot buffer with Category IV landscaping will provide a much improved buffer; the automated car wash will be enclosed in a building as opposed to the open design of self -wash facilities; and the single vacuum center will be enclosed in a structure with tubes extending underground to mitigate noise. Further, the adjacent residential lots are deep, and the houses are approximately 80 to 100 feet from the rear property line. The applicant's proposal also represents a significant aesthetic improvement for the property. The proposed nautical design represents a dramatic and welcomed departure from the typical design of car wash facilities in the city and is precisely what is espoused in the Shore Drive Corridor Design Guidelines. Additional landscaping will also be provided consistent with these guidelines. Stormwater management will be improved due to the reduced impervious area brought about by the new landscape islands. Therefore, this application is recommended for approval, subject to the conditions listed below. Conditions 1. The site shall be re -developed substantially as depicted on the site plan entitled, "Preliminary Site Plan Coastal Water Works for A.J. Venture Inv." dated June 17, 2002 by Burgess & Niple. 2. Landscaping shall be installed as depicted on the site plan referenced above. In addition to the landscaping shown on the plan, additional landscaping shall be provided in the center landscape island, the pervious area on the northern side of the building, and the foundation area on the western side of the building. Plant materials for all new landscaping shall be chosen from the recommended plant materials list from the Shore Drive Corridor Plan. 3. The building shall be reconstructed as depicted in the elevations entitled, "Draft North Elevation of Coastal Waterworks for A.J. Ventures, Inc." and "Draft West Elevation of Coastal Waterworks for A.J. Ventures, Inc." dated 6-17-02 by Porterfield Design Center. A structure designed to simulate the building depicted in the elevations shall be constructed around the vacuum center. 4. The existing nonconforming freestanding sign shall be removed. The new freestanding sign shall be an externally illuminated monument style sign no more than eight feet in height and width. The base of the sign shall be constructed of the same colors and materials as the building. Individual letter height shall not Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. / # 21 Page 6 exceed 12 inches. Building signage shall comply with the Shore Drive Corridor Design Guidelines. 5. Hours of operation shall be limited to 8:30 a.m. to 8:30 p.m. everyday. 6. No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. Auto detailing, other than vehicle wipe -down and window washing, shall take place within the building in the detail bays. Garage doors shall be closed at all times except for transporting vehicles into and out of the bays. 8. No auto repair beyond vehicle washing shall take place on the site. NOTE: Further conditions may be required during the administration of applicable City ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. l # 21 Page 7 car wash, travel through the car wash tunnel on the south side of the building, exit the tunnel and travel around the east side of the building, and then park in a space for "wipe down" and window washing. There is an existing sidewalk on Shore Drive in front of the property that ends at the east end of the property. A pedestrian link is proposed from the public sidewalk to the building's entrance. While this may seem unnecessary for this auto -dependent facility, customers may choose to walk off-site while their vehicle is being serviced. Further, the Shore Drive Corridor Plan calls for an improved bridge treatment for Lake Joyce with a widened sidewalk to take advantage of water views. Architectural Design The applicant has submitted elevations that resemble the architectural design of the "Old Coast Guard Station" located at the Oceanfront. A tower feature with a hip roof, windows, and wrap around decking is the focal feature of the building. A gable roof with a wide overhang, dormer windows, second story railings, and old-style wooden tongue and groove garage doors add significant architectural detail. A small glass storefront area is shown between the two detail bays and the tower. • The submitted elevations depict the tower at 38 to 39 feet. A variance from the Board of Zoning Appeals may be necessary to exceed the 35 foot height limit required for commercial properties within 100 feet of residentially zoned property. • Proposed colors and materials are light gray "Hardiplank" (fiber cement, simulated wood lap board) horizontal siding with white trim and dark gray "shake" type asphalt shingles. Although not specified in the elevations, these quality materials will be continued around the entire building. Landscape and Open Space Design • While much of the existing landscaping is to remain, the applicant proposes several areas of new landscaping. • There is currently only a dilapidated stockade fence buffering the commercial property from the residential property behind the site. The site plan proposes removing approximately 1,280 square feet of asphalt at the rear of the property to create a 15 -foot Category IV landscape buffer. The existing fence will be removed and replaced. • A new 1,141 square foot landscape island is proposed in the center of the existing parking lot. Landscaping is not specified in this area but will be required. • The street frontage area at the northwest corner shows an 18 to 35 foot wide curvilinear landscape bed with an 18 -inch berm. The existing crepe myrtle trees on the northeast side of the street frontage will be supplemented with a low hedgerow. • Extensive foundation landscaping currently exists on the north and west sides of the site. Although not specified on the site plan, the entire pervious area on the north side should be improved with an ornamental landscape bed. Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. I # 21 Page 5 Summary of Proposal Proposal The applicant proposes to redevelop a former fast food restaurant site into an attended, automatic car wash. The existing building will be renovated into a design similar to the "Old Coast Guard Station" at the Oceanfront. • The attended car wash will have two detail bays that will be closed off while work is being performed on the cars. No auto service beyond washing and detailing is proposed. • The interior of the building will also contain a retail area, waiting area, and offices. • Proposed hours of operation are 9:00 a.m. to 9:00 p.m. everyday. Site Desi n • The site plan depicts the existing 3,189 square foot building footprint that was formerly occupied by a fast food restaurant. An additional 1,362 square feet of building is shown for the car wash tunnel on the southern end, which would create an "L-shaped" building. • The eastern portion of the existing drive-thru lane will be used to circulate cars from the rear of the car wash tunnel to the front of the site. The southern portion of the drive-thru lane will be removed and replaced with landscaping. • The parking area will remain in essentially the same area; however, the lot will be reconfigured to provide a large central landscape island and stacking aisles for cars entering the car wash. The remaining number of parking spaces is 19. • A vacuum center is shown within the large landscape island near the area where the vehicles enter the car wash. The vacuum center consists of an aboveground vacuum with tubes extending underground to three vacuum stations. The aboveground vacuum station will be enclosed in a building designed to match the proposed principal building. • Although no stormwater management facility is required for the site, the applicant has proposed to remove approximately 3,000 square feet of pavement and replace the area with landscaping. The automated car wash will be designed with a reclamation system that reclaims and reuses water. (Note commercial car washes are exempt from the recent mandatory water restrictions adopted by the City). Vehicular and Pedestrian Access • There is one vehicular access point to the property from Shore Drive, which the applicant proposes to use. This access point has existing right and left turn lanes on Shore Drive. • The site is designed for vehicles to enter at the existing access point, travel to the western side of the property and enter one of three stacking lanes for the Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. /# 21 Page 4 from the recent mandatory water restrictions adopted by the City. Water used for the car wash is recycled.) Sewer: There is a 20 -inch sanitary sewer force main in Shore Drive north of the median strip. This site is currently utilizing a private force main. Transportation, Master Transportation Pian (MTP)/ Capital Improvement Program (CIP): Shore Drive in the vicinity of this application is a four lane divided major urban arterial. The MTP designates this portion of Shore Drive as a 150 -foot right-of-way with divided travel lanes and a bikeway. There are no projects to upgrade Shore Drive in the current adopted CIP. Traffic Calculations: Street Name Present Present Generated Traffic Volume Ca acit ? 17,300 ADT' Existing Land Use —1,94 ADT Shore Drive 4D,OOD ADT Level of Service C 3 Proposed Land Use — 459 ADT 'Average Daily Trips 2 as defined by fast food restaurant 3 as defined by car wash Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Specifically, the Police Department desires to review a lighting plan to ensure that lighting and landscaping do not conflict. Fire and Adequate — All fire protection requirements will be ascertained Rescue: during the building permit process. Comprehensive Plan The Comprehensive Plan recommends retail, service, office, and other uses compatible within commercial centers serving surrounding neighborhoods and communities. The Shore Drive Corridor Plan was adopted as a component of the Comprehensive Plan by the City Council in 2000. The Corridor Plan recommended design guidelines for architectural, site, and landscape improvements for proposed properties within the corridor. As a result, the "Shore Drive Corridor Design Guidelines" document was developed in March 2002. Land use policies in the Comprehensive Plan and in the Shore Drive Corridor Plan and Design Guidelines encourage all new development and redevelopment to commit to a higher standard of design quality. These higher standards translate to greater economic benefits for both the Shore Drive community and the City overall. Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. / # 21 Page 3 • Aesthetic improvements to site and building in accordance with the Shore Drive Corridor Design Guidelines. Land Use, Zoning, and Site Characteristics: Existina Land Use and Zonin The site is currently developed with a former drive-thru fast food restaurant building and parking lot. The property is zoned B-2 Community Business District with Shore Drive Overlay District. Surrounding Land Use and Zonin North: . Across Shore Drive, law offices 1 conditional 0-1 Office District with Shore Drive Overlay South: . Single family residential dwellings / R-10 Residential District with Shore Drive Overlay East: • Finger of Lake Joyce / split zoning: R-10 Residential District, P-1 Preservation District, and R-7.5 Residential Districts, all with Shore Drive Overlay West: • Restaurant / B-2 Community Business District with Shore Drive Overlay Zoning History The subject property along with the adjacent property to the west was changed from residential to commercial zoning in 1970. Concurrently, a conditional use permit for a gas station was approved on the same property. In 1985, a sliver of property was added to the back of the subject property when it was rezoned from residential to commercial zoning. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Natural Resource and Ph sical Characteristics The subject property is located adjacent to an isolated, nontidal body of water that is linked to Lake Joyce but is not a tributary of the Chesapeake Bay. The shoreline adjacent to the water is heavily vegetated. Public Facilities and Services Water and Sewer Water: There are two 1$ -inch water mains in Shore Drive fronting the property. The site has an existing 1.5 -inch water meter and must connect to City water. (Note commercial car washes are exempt Planning Commission Agenda October 9, 2002 A. J. VENTURES INC. / # 21 Page 2 A. J. VENTURES INC. / # 21 October 9, 2002 General Information: APPLICATION F03 -210 -CUP -2002 NUMBER: REQUEST: Conditional Use Permit (car wash) ADDRESS: 4357 Shore Drive U& r, - ' of o sz Ventures, Inc. map Not to S�o;e IFS `� �� 3 J pa F` 10 v -10 ' G L t 029x"''. , A. e lk 1 �f as+ x v� l� P-1 p `s SoIkI 8 vltr " Qa,RK C °• '•� 025 1',�, 14 `!�Q`1 ;. •.i �23 , s Major Issues: • Degree to which the proposal is compatible with adjacent properties. Planning Commission Agenda October 9, 2002 T A. J. VENTURES INC. / # 21 •• • Page 1 Gpin 1479-87-0621 and 1528 GPIN: 1479870621, 1479871528 ELECTION DISTRICT: 4 — BAYSIDE SITE SIZE: 0.795 acres STAFF PLANNER: Ashby Moss PURPOSE: To redevelop a former fast food restaurant site into an attended automatic car wash business. Major Issues: • Degree to which the proposal is compatible with adjacent properties. Planning Commission Agenda October 9, 2002 T A. J. VENTURES INC. / # 21 •• • Page 1 A. J. Ventures, Inc. Page 2 of 2 would be an asset to the Shore Drive Corridor and is in keeping with the recommendations of the Comprehensive Plan. Staff recommended approval and there was no opposition. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve this request with the following conditions: 1. The site shall be re -developed substantially as depicted on the site plan entitled, "Preliminary Site Plan Coastal Water Works for A.J. Venture Inv." dated June 17, 2002 by Burgess & Niple. 2. Landscaping shall be installed as depicted on the site plan referenced above. In addition to the landscaping shown on the plan, additional landscaping shall be provided in the center landscape island, the pervious area on the northern side of the building, and the foundation area on the western side of the building. Plant materials for all new landscaping shall be chosen from the recommended plant materials list from the Shore Drive Corridor Plan. 3. The building shall be reconstructed as depicted in the elevations entitled, "Draft North Elevation of Coastal Waterworks for A.J. Ventures, Inc." and "Draft West Elevation of Coastal Waterworks for A.J. Ventures, Inc." dated 6-17-02 by Porterfield Design Center. A structure designed to simulate the building depicted in the elevations shall be constructed around the vacuum center. 4. The existing nonconforming freestanding sign shall be removed. The new freestanding sign shall be an extemally illuminated monument style sign no more than eight feet in height and width. The base of the sign shall be constructed of the same colors and materials as the building. Individual letter height shall not exceed 12 inches. Building signage shall comply with the Shore Drive Corridor Design Guidelines. 5. Hours of operation shall be limited to 8:30 a.m. to 8:30 p.m. everyday. 6. No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. Auto detailing, other than vehicle wipe -down and window washing, shall take place within the building in the detail bays. Garage doors shall be closed at all times except for transporting vehicles into and out of the bays. 8. No auto repair beyond vehicle washing shall take place on the site. CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: A. J. Ventures, Inc. — Conditional Use Permit MEETING DATE: November 12, 2002 Background: Application of A. J. Ventures, Inc. fora Conditional Use Permit for a carwash on the south side of Shore Drive, 550 feet more or less, west of Treasure Island Drive (GPIN 1479870621). Said parcel is located at 4357 Shore Drive and contains 34,630 square feet. DISTRICT 4 — BAYSIDE. The applicant proposes to redevelop a former fast food restaurant site into an attended automatic car wash business. Considerations: This area of the Shore Drive corridor possesses a strip of neighborhood -serving retail and related uses. A car wash facility is appropriate in such an area if compatibility with any adjacent residential can be assured. Although car wash businesses can be particularly intense adjacent to residential properties, the applicant has taken substantial measures to mitigate any impacts to the neighboring residential properties. A new wood fence and 15 - foot buffer with Category IV landscaping will provide a much improved buffer; the automated car wash will be enclosed in a building as opposed to the open design of self -wash facilities; and the single vacuum center will be enclosed in a structure with tubes extending underground to mitigate noise. Further, the adjacent residential lots are deep, and the houses are approximately 80 to 100 feet from the rear property line. The applicant's proposal also represents a significant aesthetic improvement for the property. The proposed nautical design represents a dramatic and welcomed departure from the typical design of car wash facilities in the city and is precisely what is espoused in the Shore Drive Corridor Design Guidelines. Additional landscaping will also be provided consistent with these guidelines. Stormwater management will be improved due to the reduced impervious area brought about by the new landscape islands. The Planning Commission placed this item on the consent agenda because the project Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenUAenc :Planning Department City Manager��� ew mop Not t� Scale r J L qwEm4• rte• ' ` Gpin 1495-03-66847 ZONING HISTORY 1. Conditional Use Permit (Church) -- Approved 6-13-88 Reconsideration of Conditions — Denied 10-24-88 Conditional Use Permit (Church) — Approved 12-10-84 2. Rezoning (R5 -D Residential to Conditional 1-1 Industrial) — Approved 7-3- 01 Rezoning (R5 -D Residential to Conditional 1-1 Industrial) and Conditional Use Permit (Processing/Storing Wood and Vegetation) -- Approved 9-22- 98 Reconsideration of Conditions — Denied 10.27-98 3. Rezoning (R5 -D Residential to Conditional 1-1 Industrial) — Approved 9-14- 99 Reconsideration of Conditions — Approved 10-9-01 4. Conditional Use Permit (Antenna) -- Approved 2-23-99 Item #17 New Life Presbyterian Church Conditional Use Permit for a church expansion 3 312 Dam Neck Road District 3 Rose Hall October 9, 2002 CONSENT Dorothy Wood: The next item is Item #17, New Life Presbyterian Church. An Ordinance upon Application of New Life Presbyterian Church for a Conditional Use Permit for a church expansion on the west side of Dam Neck Road. This is in the Rose Hall District and there are four conditions. Steve Champion: My name is Steve Champion. I'm a representative of New Life Presbyterian Church. We have read and agree to all four conditions subject to approval. Dorothy Wood: Thank you. Is there any opposition to Item #17, New Life Presbyterian Church? Mr. Din, would you please comment on that. William Din: Yes. We felt that this item was a good Conditional Use. It's only a temporary use for a five-year period. It's for the church expansion and within a five-year period probably the trailers will be replaced with something else. We didn't anticipate any opposition today and as a result we put it on the Consent agenda. Dorothy Wood: Thank you. I would move to approve number 17 with four conditions. Ronald Ripley: That's what I have also. Okay. That's the motion. Do I have a second? Donald Horsley: Second. Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of these matters? We're ready to vote. AYE 11 NAY 0 ABSENT 4 ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 11-0, the motion passes APPLICA'TTr)N PAGE 4 OF 4 CONDITIONAL USE PERMIT GTTY OF VIRGINIA BEACH If DISCLOSURE STATEMENT . ZZ Applicant's Name: r1 '�--d�`' 14:11152-F Liss All Current arols - L -e e U,,Ye�26 PROPERTY OWNER Disc sum If the property owner is a CORPORATION, list all officers of the Corporation below: (Atrach .list rf aneres tai -Y i If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION. ls-A all members or partners in the organization below: (Attach list r}'necessary) Check here if the fropeny owner is NOT a corporation, partnership, firm, or other unincorporawd organization. If the applicant is not the current owner of the property, complete tete Applicant Disclosure section below APPuCANT DismosURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Arrack list if necessmy) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach List if necessary) LN Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATfON: I cerdfy that the informa€ion contained herein is true and accurate. Signature Print Name Planning Commission Agenda October 9, 2002 NEW LIFE PRESBYTERIAN f # 17 Page 10 Planning Commission Agenda October 9, 2002 NEW LIFE PRESBYTERIAN I # 17 Page 9 Planning Commission Agenda October 9, 2002 NEW LIFE PRESBYTERIAN I # 17 Page 8 Planning Commission Agenda 9 r, 2002 October = .� NEW LIFE PRESBYTERIAN f # 17 '•• �� `• Page 7 �t D 41 n a IM-.. IZ wanr� 7�Mw n,�re C- lam awo-d wzo9N 14wo z J IL lu H tf l Planning Commission Agenda October 9, 2002 :*, NEW LIFE PRESBYTERIAN I # 17 .VI yY 1. Page 6 Landscape and Open Desicinn • Mature landscaping and lawn exist on the site. Evaluation of Request The request for a conditional use permit for a church expansion (modular unit - trailer) is acceptable, subject to the conditions listed below. The church purchased the unit from another church in the Kempsville area. The church obtained permission from the Zoning Administrator and the Building Code Official to move the unit to the site, pending approval of the conditional use permit. If the conditional use permit is not approved, the church is aware that the unit must be removed from the site. The church proposes to use the modular unit (trailer) for Sunday School classrooms. They anticipate a five-year time frame will be sufficient. Staff recommends approval of the conditional use permit request for a church expansion (modular unit — trailer) subject to the conditions listed below. Conditions 1, The applicant shall obtain all necessary permits, inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupying the modular unit (trailer). If interior alterations do not violate the industrialized building certification of the unit, then the unit shall comply with appropriate sound attenuation measures for the 70 to 75 AICUZ. 2. Skirting of a neutral color shall be installed around the base of the modular unit (trailer). 3. Category I screening shall be installed around the base of the modular unit (trailer) except for necessary ingress/egress openings. 4. The modular unit (trailer) is approved for a period not to exceed five (5) years. iVOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda October 9, 2002 NEIN LIFE PRESBYTERIAN I # 17 Page 5 Environmental Design (OPTED) concepts and strategies as they pertain to this site. Fire and A certificate of Occupancy shall be obtained for the unit from Rescue: the Building Code Official. If the unit is used to provide care for children under the age of 2 'la years, there will be special requirements pertaining to fire and life safety. These requirements are based on the number of children in the unit and will be determined by the Building Code Official. Comprehensive Plan: The Comprehensive Plan Map designates this area as suitable for suburban employment, an area that is planned for a variety of employment uses including business parks, offices, appropriately located industrial and employment support uses. Summary of Proposal Prololl • The church wishes to locate a modular unit (trailer) on the site to be used for Sunday School classrooms. The church anticipates use of the unit for a period of five years. • The site is on Dam Neck Road, between Holland Road and Rosemont Road. To the northeast of the site are a mini warehouse complex and a developing light industrial office park. Single-family dwellings exist on both sides of the property and across Dam Neck Road. Site Design • Currently the first phase of the church's master plan, a worship center and parking, occupies the site. The master plan depicts several building and parking additions planned for the future. • The worship center is situated approximately 280 feet from Dam Neck Road and 30 feet from the side property line. Parking exists adjacent to the building. Mature landscaping and lawn exist on the site. Vehicular and Pedestrian Access • There is one entrance to the site from Dam Neck Road. City sidewalks exist along Dam Neck Road. Architectural Design The modular unit (trailer) is 65 feet in length by 14 feet in width. The unit is gray in color. Planning Commission Agenda October 9, 2002 NEW LIFE PRESBYTERIAN 1 # 17 Page 4 * The applicant is entitled to credit for the trees currently existing on their property. If the trees on the other side of the property line belonging to the adjacent property owners are removed, they must be replaced by the applicant with the appropriate landscaping. Air Installation Compat�ibl_e, Ue Zone (AICUZ) The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The United States Navy comments that the modular unit (trailer) should comply with the requirements of the Building Code regarding sound attenuation measures in the 70 to 75 dB Ldn AICUZ. Natural Resource and Physical Characteristics Currently, the church and a parking area, a total of approximately 52,000 square feet of impervious area occupy the site. Approximately five acres of the site remains vegetated by lawn, shrubs and trees. The site is in the North Landing watershed. Public Facilities and Services Water and Sewer Water: There is a sixteen (16) inch water main in Dam Neck Road, fronting the site. The site has an existing 518 -inch meter that may be upgraded. Sewer: There are an eight (8) inch sanitary sewer main and a twelve (12) inch sanitary sewer force main in Dam Neck Road fronting the site. The site is connected to City sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Dam Neck Road in front of this site is a four lane divided urban arterial roadway. The roadway is identified on the Master Transportation Plan as a 120 foot wide divided right-of-way. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic 33,139 ADT' The proposed addition of a Dam Neck Road (Level of 31,744 ADT ' modular unit {trailer} is not Sery Service expected to impact the exiting «ic trips generated by this site. Average Daily Trips Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Planning Commission Agenda October 9, 2002 NEW LIFE PRESBYTERIAN / # 17 Page 3 Compliance with the Building Code requirements for structures in the 70 to 75 dB Ldn AICUZ area. Land Use, Zoning, and Site Characteristics: Existing Land, Use and Zoni The church, a playground and parking lot occupy the site. The site is zoned R5 -D Residential District. Surrounding Land Use and Zonis North: Mini -warehouses and an office park under development / Conditional 1-1 Light Industrial South: Single-family dwellings / R5 -D Residential Dam Neck Road Across Dam Neck Road, single-family dwellings / AG -2 Agricultural East: Single-family dwellings / R5 -D Residential Dam Neck Road West: Mini -warehouses and an office park under development / Conditional 1-1 Light Industrial Single-family dwellings / R5 -D Residential Zoning_ History Before 1973, the site was zoned R -D 1 Residence Duplex. From 1973 to 1958, the site was zoned R-8 Residential. From 1988 to the present, the site has been zoned R5 -D residential. The church obtained a conditional use permit in December 1984, which was never activated. A second conditional use permit was approved in June 1988. The following conditions were attached: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations of the proposed Back Bay / North Landing River Management District. 2. Category I screening shall be installed along the boundary of the proposed church building site adjacent to the R5 -D Residential District sites. 3. A right turn lane is required for the site form North Landstown Road. 4. A variable width right-of-way reservation is required along North Landstown Road to provide for an ultimate 6 lane divided roadway section. Approximately forty- one (41) feet of right-of-way reservation will be required. The exact reservation will be determined during detailed site plan review. The church requested a reconsideration of Condition 2: "Category I screening shall be installed along the boundary of the proposed church building site adjacent to the R5 -D Residential District sites" on October 24, 1988. The church wished to be relieved of that condition citing that the existing trees provided total screening of the adjacent properties. The reconsideration was denied, and the condition was amended as follows: Category I screening shall be installed along the boundary of the proposed church building site adjacent to the R5 -D Residential District sites, as determined by the City Staff reference the treed area on the adjoining property. * Planning Commission Agenda October 9, 2092 NEW LIFE PRESBYTERIAN / # 17 Page 2 E: NEW LIFE PRESBYTERIAN /]#E17] October 9, 2002 General Information: APPLICATION H10 -211 -CUP -2002 NUMBER: 14950368470000 REQUEST: Conditional Use Permit for Church Expansion (Modular Unit) ADDRESS: 3312 Dam Neck Road, the west side of Dam Neck Road, 750 feet SITE SIZE: north of Monet Drive .:__ u , ... ..-._ Mew Lie Presbwenan Church f'iep Not '.� 5cele D :i ' If,G �-2 ;O R -5D^ } • `S r.Tr d 037 03 4 �. { y' 34 On fi Q w R - 50 �!/ / YI'� L / lYJ ar i �� . G- R -5 ;��. xr d D- i r ha Major Issues: Compatibility with the surrounding uses. Planning Commission Agenda October 9, 2002 = } NEW LIFE PRESBYTERIAN / # 17 Page 1 Gpi" 149r0rwP47 G P I N : 14950368470000 ELECTION DISTRICT: 3 -- ROSE HALL SITE SIZE: 6.3 acres STAFF PLANNER: Faith Christie PURPOSE: To add a modular unit (trailer) to the site for a period of five (5) years. The unit will be used for three Sunday School classrooms. Major Issues: Compatibility with the surrounding uses. Planning Commission Agenda October 9, 2002 = } NEW LIFE PRESBYTERIAN / # 17 Page 1 New Life Presbyterian Page 2of2 occupying the modular unit (trailer). If interior alterations do not violate the industrialized building certification of the unit, then the unit shall comply with appropriate sound attenuation measures for the 70 to 75 AICUZ. 2. Skirting of a neutral color shall be installed around the base of the modular unit (trailer). 3. Category 1 screening shall be installed around the base of the modular unit (trailer) except for necessary ingress/egress openings. 4. The modular unit (trailer) is approved for a period not to exceed five (5) years. r CITY OF VIRGINIA BEACH UW. _ AGENDA ITEM r ' +474 ��L J•/ b�V OF OUR MKT�OMs TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: New Life Presbyterian Church — Conditional Use Permit MEETING DATE: November 12, 2002 Background: Application of New Life Presbyterian Church for a Conditional Use Permit for a church expansion on the west side of Dam Neck Road, 750 feet more or less north of Monet Drive (GPIN 1495036847). Said parcel is located at 3312 Dam Neck Road and contains 6.3 acres. DISTRICT 3 — ROSE HALL. The applicant proposes to add a modular unit (trailer) to the site for a period of five (5) years. The unit will be used for three Sunday School classrooms. Considerations: Currently the first phase of the church's'master plan, a worship center and parking, occupies the site. The master plan depicts several building and parking additions planned for the future. The church purchased the unit from another church in the Kempsviile area. The church obtained permission from the Zoning Administrator and the Building Code Official to move the unit to the site, pending approval of the conditional use permit. If the conditional use permit is not approved, the church is aware that the unit must be removed from the site. The Planning Commission placed this item on the consent agenda because the church is an established use in the area and there should be no negative impact on the surrounding uses. Staff recommended approval and there was no opposition to the request. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary permits, inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to 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 Manag V(� i. __ r n r177 T 1 T Gpzn 1476--43-5202 ZONING HISTORY 1. R-6 to B-1 Denied 6115187; Modified to 0-1 Granted 813187 2. Rezoning from RS -4 to PD -H Granted 6114171 Rezoning from PD -H to PD -H1 Granted 1111/82 3. Conditional Use Permit (nursing home) -- Granted 11/12/96 4. Rezoning from PD -1-11 to R-10 Granted 4/28192 Conditional Use Permit (catholic high school) — Granted 4/28192; CUP amended on 8111192 Item #29 Thao L. Nguyen Conditional Use Permit for a church East side of Princess Anne Road, 208.71 feet South of Green Meadows Drive District 2 Kempsville October 9, 2002 CONSENT Dorothy Wood: The last item on consent is Item #29. It's Thao Nguyen for an Ordinance upon Application of Thao Nguyen for a Conditional Use Permit for a church on certain property located on the east side of Princess Anne Road. It is in the Kempsville District and there are ten conditions. Mr. Gambrell? Bill Gambrell: Thank you Ms. Wood. Bill Gambrell representing the applicant. All the conditions are acceptable. Dorothy Wood: Thank you Mr. Gambrell. Is there any objection to Item #29 for Nguyen for an Ordinance for a Conditional Use Permit for a church on Princess Anne Road? Any opposition? Hearing none, Mr. Baum. John Baum: Well, we agreed with the staff recommendations. Although they are going to save some big trees and I'm not going to pronounce the applicant's name because I've been told I speak pure North Carolina. Dorothy Wood: Thank you Mr. Baum. I would move to approve number 29 with ten conditions. Ronald Ripley: That's the motion. Do I have a second? Donald Horsley: Second. Ronald Ripley: Seconded by Don Horsley. Anybody have any discussion on any of these matters? We're ready to vote. AYE 11 NAY 0 ABSENT 4 ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of Z 1-0, the motion passes. :. PPLICATf Q PAGE 4 GP 4 , ON -AL PERMIT CITY -OF VIRGINIA.. BEACH 1 i e DISCLOSURE STATEMENT 1 Applicant's Name: . r Lisp All Current pr-ts60 s�- t Property Owners: o' S PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Atrach list if necessan.) i I� If the property owner is a PARTNERSMP, FIR11rI, or other UNINCORPORATED ORGANIZATION. ii=t all members or partners in the organization below: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated f organization. I, f the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) I If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTMCATION: I cey fy that the information contained herein is true and accurate, f Signature I i - i Print loam Planning Commission AgendaV. ;: October 9, 2002 ;. ; • { THAO L. NGUYEN / # 29 + Page 11 Manning Commission Agenda Xe' October 9" 2002 ..- THAO L. NGUYEN I # 29 Paae 1 n CIL Planning Commission Agenda October 9,, 2002 THAO L. NGUYEN # 29 Page 9 462 ot U4 E-- r VL.3 au EL E-4 0 -7 At W1 ijA Ea Planning Commission Agenda October 9,, 2002 THAO L. NGUYEN # 29 Page 9 KINGS GRANT CIVYC LEAGUE PET.IQN OPPOSING THE CONDITIONAL USE PERMIT FOR . -LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. �11 Ili 2=4j 6 A - �"zd wruitl���Of2 7� SL 3q GV Z3e-/S� 3goo �3'�s� jgo/ I(INGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERNUT FOR A LARGE SKATEBOARD RAW AT SUS SOMERSET LANE. 0 Uoi a� U l l+ 3 q 3Q-acJeA U-) ■ w 3 L�41 11 11 S�QkA gs:ggoCItA KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAW AT 808 SOMERSET 1 KM 31Y -1' Idwr ti 49- dew hieto tv lA5urzAT ICINGS GRANT CIVIC LEAGUE r nO ad;' «' PETTITON OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. Dr. )C,41. Gpin 148842-4082 ZONING HISTORY 1. Rezoning (R-30 Residential to R-20 Residential) Approved 5-23-95 2. Rezoning (R -S1 Residential Suburban to RR -3 Rural Residential, R -S2 Residential Suburban, R -S3 Residential Suburban, R -M Residential Multi - Family, and C -G Commercial General) Approved 3-6-63 Conditional Use Permit (marina, community recreation area, parks and lakes) Approved 3-6-63 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Triton PCS, Inc. — Conditional Use Permit MEETING DATE: November 12, 2002 Background: Application of Triton PCS, Inc. for a Conditional Use Permit for a 125 foot monopole/stadium light on the northwest corner of North Great Neck Road and Shorehaven Drive (GPIN 1499818657). Said parcel is located at 2425 Shorehaven Drive and contains 49.995 acres. DISTRICT 5 — LYNNHAVEN. The applicant is seeking approval to replace an existing stadium light pole with a 125 foot tall monopole tower for wireless communications equipment. Considerations: The applicant is proposing to replace a 90 -foot tall football stadium light pole at Cox High School with a 125 -foot tall monopole tower for wireless communications equipment. New stadium lights will be placed on the new monopole tower at a height of 85 feet. The tower will be identical to the tower 1 lighhtpole located to the east. Flush mounted antennae have also been specified to reduce the visual impact of the tower. The applicant has met the location criteria required by the City Zoning Ordinance by providing satisfactory evidence of a lack of space on suitable existing towers in the area and by proposing the tower contiguous to an existing tower. Staff recommended approval of this request. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve this request with the following conditions: 1. The proposed tower and support building shall be developed in substantial accordance with the site plan entitled "Triton @ Cox High School" prepared by Lewis White and Associates, dated 03/18/02. A copy of the plan has been presented to City Council and is Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map F commended Action : Staff re commends approval. Planning Commission dommens approval. Submitting Department/Ag cy. Planning Department �- City Manag Triton PCS, Inc. Page 2 of 2 on file in the Planning Department. 2. The proposed tower and equipment shed shall be designed to accommodate two users. 3. The proposed tower shall not exceed 125 feet in overall height and shall be a spun concrete pole that meets or exceeds the structural criteria in the zoning ordinance. Antennae on the tower shall be flush mounted at or near the elevation shown on the submitted plan. 4. Prior to construction, the applicant shall provide City staff with a letter from a licensed structural engineer stating that the tower, with the planned flush mounted antenna arrays and the stadium light fixture, meets the structural standards established by the Electronics Industry Association and the local building code. 5. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non -ionizing electromagnetic radiation emitted from the tower does not exceed, at ground level or at any point within the bleacher area, the lowest applicable standards established by the federal government or the American National Standards Institute. 8. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and all subsequent users. 7. In the event interference with any City emergency communications facilities arises form the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 8. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense and replaced with a light pole to match the other light poles in place at this stadium. TRITON PCS, INC. / # 15 October 9, 2002 General Information: APPLICATION 104 -210 -CUP -2002 NUMBER: REQUEST: Conditional Use Permit for a communication tower ADDRESS: 2425 Shorehaven Drive Map 1-4 D/", V T.,,.,. spin 1499-,81-8657 G PI N: 14998185570000 ELECTION DISTRICT: 5 — LYNNHAVEN SITE SIZE: 49.9 ACRES STAFF PLANNER: Barbara Duke PURPOSE: The applicant is seeking approval to replace an existing stadium light pole with a 125 foot tall monopole tower for wireless communications equipment. Major Issues: • Degree to which the proposal is compatible with the surrounding residential areas. Degree to which the proposal meets the location criteria set forth in Section 232 of the zoning ordinance Planning Commission Agenda:; October 9, 2002 :• TRITON PCS, INC. 1 # 15 r.r. rf•r! Page 1 Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning Frank W. Cox High School exists on the site. The site is zoned R-20 Residential District. Surrounding Land Use and Zon i n North: Single -Family neighborhoods / R-20 Residential District South: • Single -Family neighborhoods / R-40 & R-20 Residential District East: • Single -Family neighborhoods / R-20 Open Space Residential District West: • City of Virginia Beach Recreation Center and Park / P-1 Preservation District Zoning History In 1998, City Council approved a similar request for a 125 foot monopole communication tower to replace an existing light pole on this same site, just east of the subject light pole. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The site is developed with the high school building, parking areas and athletic fields. There is an Osprey nest on top of the light pole to be replaced. The nest was developed by students at the school as a science project. The applicant will be asked to contact the school principal to determine how and where to relocate the nest prior to construction of the new tower. Public Facilities and Services This application has no measurable impact on public facilities and services. Comprehensive Plan The Comprehensive Plan recognizes this area as a stable residential community that should be protected from intrusive commercial uses. Site Plan / Conformance with Section 232 Proposal • The applicant is proposing to replace a 90 -foot tall football stadium light pole with a 125 -foot tall monopole tower for wireless communications equipment. New stadium lights will be placed on the new monopole tower at a height of Planning Commission Agenda October 9, 2002 TRITON PCS, INC, / # 15 Page 2 85 feet. • The Virginia Beach School Board has given permission for the applicant to pursue the use permit and is in support of the application. This will be the second light pole replacement at the Cox High School football stadium. In 1998, a conditional use permit to replace the light pole directly east of the subject pole with a 125 foot monopole communication tower for two users was approved by City Council. This existing tower has two users and cannot handle any additional antenna. • The applicant has met the location criteria specified in the zoning ordinance by proposing a new tower on a site that is contiguous to an existing site and by designing the tower for more than one user. In addition, there is a lack of space on suitable existing towers for the applicant to utilize. Site Plan • The light pole to be replaced is on the western end of the metal bleachers between the football field and the soccer field. • A 20 foot by 20 foot brick equipment shed is proposed within a 50 foot by 50 foot leased area at the base of the tower. • The tower is proposed with one set of flush mounted antenna at a height of 125 feet and a second of flush mounted antenna at a height of 110 feet. Stadium lights will be mounted at a height of 85 feet. • Access will be provided to the tower through the existing paved road that surrounds the football field. Access is needed for maintenance purposes only. • The architectural design of the equipment shed is identical to the existing equipment shed serving the existing communication tower to the east of the metal bleachers. • The design includes a gabled roof and brick veneer exterior finish to match the school building. The equipment shed will be able to accommodate equipment for two users. • The equipment shed and tower will be surrounded by a six foot tall chain link fence with wax myrtles provided around the perimeter of the fence. Evaluation of Request The request for a conditional use permit for a 125 -foot tall communication tower is acceptable. The tower will be identical to the tower existing to the east replacing an existing tall light pole structure. Because of these conditions, the tower will not be intrusive to the surrounding neighborhood. Flush mounted antennae have also been specified to reduce the visual impact of the tower. The applicant has met the location criteria required by the zoning ordinance by providing satisfactory evidence of a lack of space on suitable existing towers and by proposing the tower contiguous to an existing tower. It is recommended that this request be approved subject to the conditions listed below. Planning Commission Agenda October 9, 2002 TRITON PCS, INC. / # 15 Page 3 Conditions 1. The proposed tower and support building shall be developed in substantial accordance with the site plan entitled `Triton @ Cox High School" prepared by Lewis White and Associates, dated 03/18102. A copy of the plan has been presented to City Council and is on file in the Planning Department. 2. The proposed tower and equipment shed shall be designed to accommodate two users. 3. The proposed tower shall not exceed 125 feet in overall height and shall be a spun concrete pole that meets or exceeds the structural criteria in the zoning ordinance. Antennae on the tower shall be flush mounted at or near the elevation shown on the submitted plan. 5. Prior to construction, the applicant shall provide City staff with a letter from a licensed structural engineer stating that the tower, with the planned flush mounted antenna arrays and the stadium light fixture, meets the structural standards established by the Electronics Industry Association and the local building code. 6. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non -ionizing electromagnetic radiation emitted from the tower does not exceed, at ground level or at any point within the bleacher area, the lowest applicable standards established by the federal government or the American National Standards Institute. 7. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and all subsequent users. 8. In the event interference with any City emergency communications facilities arises form the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference.' If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 9. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense and replaced with a light pole to match the other light poles in place at this stadium. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all x7plicable Citv Codes. Conditional use uermits must be Planning Commission Agenda October 9, 2002 TRITON PCS, INC. / # 15 Page 4 activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda October 9, 2002 TRITON PCS, INC. i # 15 Page 5 ic na FRIWI C,votl R Planning Commission Agenda October 9, 2002 TRITON PCS, INC. / # 15 Page 6 aw w Tamm r Off Or IMM MAW PAWS AAV NOWAAW PAM 497 Oft 14"-ig"iW awn P-1 4A w.30, Ar AMW v *Qg I ---------- Al 471 4r ot PI rr. 40- 7a pq fn 44 [ M L49 ic na FRIWI C,votl R Planning Commission Agenda October 9, 2002 TRITON PCS, INC. / # 15 Page 6 IA- , Planning Commission Agenda October 9, 2002 TRITON PCS, INC. # 15 Page 7 Cox HS Football Stadh m view from South SunCom Proposal to Relocate Osprey Nest and replace Light Pole Planning Commission Agenda October 9, 2002 TRITON PCS, INC./ # 15 Page 8 Cox HS FootbaU stadium from North (currentlY) Proposed Light pole replacement reloeafing nesdng platform u Planning Commission Agenda October 9, 2002 TRITON PCS, INC. / # 15 Page 9 APPLICATI w P.4 GE T OF 4 CONDITIONAL USE PERMIT "toCITE' OF VIRGINIA BEACH V. •r t`*Y`ti rI DISCLOSURE STATEMENT ;kpplicant's Name: List All Current Property Owners: OA -VE VMbIWA N&R 1 j PROPERTY.' OWNI ER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation belom. ; (Vt,ach l: r: r{ necessary) If the property oAmer is a PARTNERSHIP, FIRIN-I, or other UNINCORPORATED ORGANIZATION, lt�; all members or partners in the organization below: (,trach list y" necessa)y) E t k I Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. 4 1 If the applicant is not the current owner of the,properhl, complete the Applicant Disclosure saloon below APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers ol'the Corporation below: (,4rrach list �f necesswj) Gee Al&&M R 1`k f[ i i If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Artac_h list if necessary) i 1 Check here if the applicant is NOT a corporation, partnership, f nn, or other tal incorporated organization. I CERTIFICATION: I certify that the rnformatioit contained herebt is true and accarrae. k 'S igl &at«re Print Name Planning Commission Agenda October 9, 2442 TRITON PGS, INC. / # 15 Page 11 2002A-20034SCHOOL BOARD 0F7-71EaTY0FYYRGrNL4 31O4CF!n Lir. Ti�1 1i. 3lllfleV, Su--! t (T� 427-4325 Dianne P. Alexander, Cleric of the -Board (757).427.4374 2512 George Nissan Drive, P.D. Sox W38, VIrginla Beath, VA 23456-0038 M r. Daniel D. "Dan" Edwards District 1- centmule Chairman July 1, 1998 -- June 30, 20x4 1513 Seachview Drive Virginia Beach, VA 23464 Nor, Neil L.. Rose Vice Chairman 1337 Harris Road Virginia Beach, VA 23452 Mrs. ]ane S. Brooks 721 Hilltop Road Virginia Beach, VA 23454-3814 Mrs. Emma L. "Emf" Davis 1125 Michaelwood Drive Virginia Beach, VA 23452 At -merge July 1, 1996 — June 30, 2004 Dict 5 - Beach July 1, 1998 — June 30, 2006 111stritt 5 - Lynnhaven July L 2002 — June 30, 2006 717-0259 (cellular) 495-3551 (horse) 495-9576. (fax) dedwstotbd&aol.gom (e-mail) 497-6633 (office) 463-3823 (home) 497-6225 (fax -office) m�g@wo-irim.com (e-mail) 425-1597 (home) 425-1304 (fax) jsbrooksvbstaCa sol =carry (e-mail) 340-88911(home) 340-1981(fax) edavicox.net (e�-mail) Mr. A. James "Imff DeBelliS District 2 - Kempsville 467-2457 (home) 4545 Bob Jones Drive August 21, 2002 -- June 30, 2004 467-8214 (fax) Virginia Beach, VA 23452 dbarrnand.j1.WM(e`maif) Mr. Dan R. Leve District 4 - Bayside 490-3681(home) 4617 Red Coat Road July 1, 1998 — June 30, 2006 494-9615 (fax) Virginia Beach, VA 23455 d 45 aol.com (e-mail) Ms. Sandra Smith -?ones At -Large 494-8167 (horse) 705 Rock Creek Court July 1, 2000 — June 30, 2004 490-8167 (fax) Virginia Beach, VA 23462 vate4smith'vn l.c om (email) Mr. Michael W. Stewart Dtsbict 3 - Rose Hall 498-4303 (home) 105 Brentwood Court July 1, 2044 — June 30, 2014 445-4637 (ace) Virginia Beach, VA 23452 444-0698 (fax-offi©e) mr+5 l _ ol.tam (e-mail) Mr. Arthur T. Tate At -Large 464-5451(home) 1749 Ladysmith Mews July 1, 1998 — June 30, 2006 460-5451 (fax) Virginia Beach, VA 23455 Virginia Beach Borough tatesb@�aal.a____om (e-mail) July 1, 1996 -- June 30, 1998 Mrs; Carolyn D. Weems At -Large 46"674 (home) 1420 Claudia Drive my 1, 2002 — June 30, 2405 363-8281(fax) Virginia Beach, VA 23455- n4kid , net (e-mail) Dr. Lois S. Williams District 7 - Prince Anne 233-0891(office) 2532 Las Corrales Court July 1, 2402 — June 30, 2006 233-1083 (fax) Virginia Beach, VA 23456-4200 lflis xis+net (e-mail) 10PIRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE Planning Commission Agenda October 9, 2002 TRITON PGS, INC. / # 15 Page 12 Z442,0� Tr:- PCs About Triton PCS Officers Michael E. Kalogris Chairman and Chief Executive Officer Michael E. Kalogris is Chairman and Chief Executive Officer of Triton PCS. A founder of Triton PCS, Mr. Kalogris has led the company's development, establishing Triton PCS as the first member of the AT&T Wireless Services Inc. network of affiliates as well as one of the leading wireless services carriers in the Southeast. Now in his third CEO role since 1988, Mr. Kalogris previously was the Chairman of Triton Ceiluiar Partners LP., which specialized in acquiring and operating rural cellular properties. The company's. assets were sold in 2000 for $1.24 billion. Mr. Kalogris served earlier as President and Chief Executive Officer of Horizon Cellular Group, which became the fifth-largest independent cellular company in the United States, and was sold for approximately $575 million. Prior to joining Horizon, Mr. Kalogris served as President and Chief Executive Officer of Metrophone, a cellular carrier in Philadelphia, the nation's fourth-largest market. Steven Skinner President and Chief Operating Officer Steven previously served as the mice President of Operations and Chief Operating Officer of Horizon Cellular Group since May 1993. From March 1932 to May 1993, Mr. Skinner served as Vice President of Acquisitions for Horizon. From January 1991 to March 1992, he served as a consultant in the area of cellular acquisitions to Norwest Venture Capital and others. From August 1987 to January 1991, he served as President and General Manager of Houston Cellular Telephone Company. Mr. Skinner has also been In the National CellularOne Group, most recently acting as Chairman of the Advisory Committee. David D. Claris Executive Vice P widen, and Chief Finandat Officer Mr. Clark joined Triton in March 1997. Prior to joining Triton, he was a Managing Director at Furman Selz, specializing in communications finance. Mr. Clark also spent more than 10 years at Citibank, financing communications concerns as a lending officer and in high -yield finance. Daniel E. Hopkins Senior Vice President of Finance and Treasurer Mr. Hopkins joined the company in July 1998. Prior to joining Triton PCS, he was a Vice President in PNC Bank's media and conmmunications Finance division, specializing in wireless telecommunications. In addition to his telecommunications experience, Mr. Hopkins also held positions in acquisition finance and corporate finance during his 14 years in banking. Directors Michael E. Kalogris Chairman and Chief Executive Officer Steven R. Skinner President and Chief Operating Officer http:/,',,,v%A-w.tritonpes.com/about/execs.htmi Planning Commission Agenda October 9, 2002 TRITON PCS, INC. / # 15 Page 13 6/6/2002 Triton PCS, Inc. I Officers & Directors Page 2 of 2 William W. Hague Sr. V. P., Corporate Development, Mergers and Acguisftions, AT&T Wireless Scott L Anderson Principal, Cedar Grove Partners, LLC and Cedar Grove Investments, i.LC John 0. Beletic Chairman and Chief Executive t3tfcer, Web nk Wireless, Inc. Arnold L. Chavkin Managing General Partner, JPMorgan Partners Rohit M. Desai Chairman and President, Desai capital Management, Inc. f ops ight 0 2002 Triton PCS, Inc. Al Rights R aserved http://�v%-w.tritonpcs.com/about/execs.html 6/612042 Planning Commission Agenda °rte October 9, 2002 • r r TRITON PCS, INC. / # 1 -' Page 14 Item #15 Triton PCS, Inc. Conditional Use Permit for a 125 -foot monopole/stadium light 2425 Shorehaven Drive District 5 Lynnhaven October 9, 2002 CONSENT Dorothy Wood: The next item is Item #15, Triton PCS, Inc. It's an ordinance upon Application of Triton PCS, Inc for a Conditional Use Permit for a 125 -foot monopole stadium light on the north west corner of Great Neck Road and Shorehaven Drive. This is in the Lynnhaven District. Glenn Hampton: Good afternoon. My name is Glenn Hampton. I'm currently representing Triton PCS and the school board. We are in agreement with the conditions. One of the conditions was met just recently. It was the condition that we receive a letter from the principal of Cox High School with regard to the relocation of an Osprey nest. Staff has that in their hand and has removed that condition. All others are acceptable. Dorothy Wood: Thank you. Is there any opposition? Ronald Ripley: We do have opposition. Dorothy Wood: Oh, we do have opposition? So we will have to drop that down LATER REGULAR Robert Miller: The next item is Item #15, Triton PCS, Inc. Ronald Ripley: Corrie up and state your name. And tell us what you want to do. Glenn Hampton: Good afternoon. My name is Glenn Hampton. I'm an attorney for McGuire Woods representing the applicant. The applicant is Triton PCS, which you may know as SunCom. The property owner that we are today representing is the Virginia Beach School Board because we're talking about a facility proposed for Cox High School site. I think and as you probably know in as many years of telecommunication industry, putting towers and facilities throughout Virginia Beach, that where we are now is the networking is pretty much built out. The ordinance that Virginia Beach has adopted years ago has been applied so that the majority of facilities have been in business commercial areas, co -locations on monopoles and the like. What you have found now is that your City is finding a need for having infill locations areas that are predominately residential which your ordinances steers everyone away from. Now, are the last places in your City that don't have good cellular coverage from all your different carriers. That obviously proposes a problem for the industry because we're trying to comply with your ordinances that say don't be on residential area but also to meet the demands of your citizens for you're more and more demanding to be able to use wireless communications in your homes. That's a big difference over the last three or four years. I think we've all seen the advertisings and the sort of rate wars between the telecommunications act has worked. You have competition. The rates are coning down. You have carriers saying we'll give you free long distance for $40.00 a month and things like that. So what's happened is that your residents no longer are satisfied to be just in the car driving through the business or the commercial areas. They want to be able to use their phones to their doorstep up their steps, into their house and sit on their living room couch using their cellular phone. That is what I do because they have already paid for long distance. I call my daughter at college. She's at JMU. She has a phone, I have a phone. We make local phone calls to each other all the time. If I didn't have any coverage in my house, I would be unable to do that. What we are finding is that is now the demand. In addition to that, unfortunately we watch the news almost on a daily it seems like now. And you find that Item # 15 Triton PCS, Inc. Page 2 security is very important in our schools. And because of local zoning ordinance, some of the last places that are getting good cellular wireless coverage is our schools. And this sort of solves two problems. It allows us to be in predominantly residential areas but not at one residential property. It complies with your ordinance. It allows the citizens to have the service as well as the safety of the school. Another thing it does it produces a very good income stream for the Virginia Beach School system. The rental of these is not cheap. It's amazing what the cost of just having one facility is. In this day of budget cuts and off economic times, this is a good income stream that your school board has already approved and wants to obtain. About four years ago, the City approved a similar facility at the same ball field at Cox High School. There is an existing replaced light pole with just a taller pole above it with the lights for the football stadium on that pole with two users. It could only accommodate two users. That's why we're here today. We're asking basically to duplicate that same experience. We're going to replace a light pole, put the lights back on and put our facility at the top. We're going to flush mount them at the pole and then have room for another array below us. So, our service will be provided and someone else who if they come to you in the future will have an already in place inventory of space. There is an Osprey nest that I believe was -part of the school project at the top of the pole that we are working with. We have a letter that we received today from the school, the principle, they are going to work with us for the replacement of that nest to the next pole over, I believe it is. We have agreed to either do it ourselves or to allow them to do it. How they want to do it and we would pay for it. I think they are going to do it as part of a science project. In fact, we would cover all the cost on that. Just to give you an idea of what this does. This is a picture of the Great Neck area. Down here is the Virginia Beach Boulevard area. Shore Drive is here and Great Neck Road comes up through here. This white area in here is basically the hole in the coverage. And that's where Cox High School is. We have facilities dotting the areas around it. One here, one here, one here, one here and one here that provides that coverage but this is the residential stretch that you haven't been able to do it. By putting this facility on the light pole, it almost if still a little dot that didn't show up but it pretty much covers that hole and provides the coverage. Robert Miller: That's my house. Glenn Hampton: We'll tweak the antenna just a little bit. We believe this is the situation where all concerns are covered. Like I said, there's already been a facility there that's been approved and been up for four years. It's very similar to this. And, again providing the funds to the school board is I think is an added plus. It really has nothing to do with the land use aspect but it is good for the City to have that. We will certainly answer any questions you may have. Ronald Ripley: Do you have room on the other pole to co -locate what you want to do? Glenn Hampton: No. That's the point. This is a 125 feet and the existing has a facility at the top and then I believe one at 110 feet. The lights themselves are 85 or 90 so that pole was designed for two users originally as approved and it has two users. Similarly, ours is going to be approved and structurally sound for two users. So, we will have room for the next person. Most likely there will be a next person to come to you. Ronald Ripley: Any questions? Thanks. Robert Miller: We also have Mr. Finochi who was only here to answer questions and I just wanted to make sure that was clear. In opposition, Mr. Ali Mahan. Ali Mahan: Mahan. Yes sir. Robert Miller: Yes sir. Mahan. Ali Mahan: Good afternoon ladies and gentlemen. Mr. Chairman. I appreciate the time. My name is Ali Mahan. I'm a property owner on the north side. If you could see the site plan that you had up. I will point out where I live. I'm just on Falcon Crescent in the Item #15 Triton PCS, Inc. Page 3 corner of Falcon and I believe that's, I forget the name of that street that goes behind my house. But, we're on that cul-de-sac in the corner. Ronald Ripley: Can you point it out with the little laser. Ali Mahan: Yes sir. Ronald Ripley: We're getting a lot of use of it. Ali Mahan: And I've lived there for 13 years. We live right there. And oddly enough, I have SunCom service and I call from my house all the time. I called my mother last night and she understood me and she is 75 years old. So, I understand that there is some lack of coverage. But, Verizon has a facility right in this location. It's they're switch- gear station. The City if Virginia Beach has an elevated water storage tank on Great Neck Road just next to the Virginia Beach Senior Center. I believe that would be a much more suitable location for this antenna. Then if Sprint PCS antenna that was put up four years ago, I don't believe that's a final approved project. I believe if I recall reading, it's a temporary permit that they had to install that antenna. And, I just hate to see Cox High School become an antenna farm. There is mention of a degree of radiation at the bleachers and in the neighborhood. I'm an engineer by training Mr. Miller and I don't think anybody can tell us the exact effects of radiation from these antennas and from cell phones. So, we're in that house 24 hours a day. I have a little four-year old daughter. I understand the school board's concern with getting up to 10,000.00 a year in rent from these towers but we've been there. We're going to be there and I don't know what the long-term effects of that antenna is. And money isn't everything in this case. And he mentioned having the cell service in schools is a concern. I thought cellular phones were illegal in Virginia Beach school systems. Are they legal? Betsy Atkinson: They just changed them. Ronald Ripley: They just changed them. Ali Mahan: Like I said, I only got a four year old so I don't know. But, those two locations with Verizon switch gear facility and the water tank just down the road, I think will be a more suitable location for those antennas. And I would hope that the first antenna that went up would be removed in the future when they come up for additional consideration. And one last point is I don't understand why that light was picked in that far corner where the light closer to Great Neck Road would be a more suitable iacation I would think when it comes to coverage of an antenna. The only difference between those two the light that was picked, the Osprey nest is right here. I'm not too concerned about Osprey. Don't take me wrong, the Osprey keeps dropping half dead fish into our pool in our backyards. So, when that's gone, I won't be to concerned but there's a light pole right here. Scared my neighbor's wife half to death when she found a half eaten dead fish in her pool. There's a pole right. And I can understand that radiation can be a concern. Maybe that's why they don't want to put it there because that's a couple hundred feet to homes. I'm not asking for environmental impact statement, but there's got to be some sort of impact on radiation from these towers. And we're home at the peak of cell usage time. Where kids are at school up to 3:30. When the cell usage is not at it's peak. Again, I thank and I'll be glad to answer any questions. Ronald Ripley: Any questions? Thank you very much. Okay. Mr. Hampton, do you want to come back up? Glenn Hampton: Yes. I'll take just a moment. With regard to any of the health issues, I believe that you know from the extensive studies that have been presented to you in the repeated applications that you received over the last ten years, there is no reputable study that shows any harm from any of these. All of the studies show that they are all in fact same. These cellular phones and these antennas are safer than the microwave in your kitchen that you use from an emission of radio waves activity. In fact, the telecommunications act specifically says that cannot be a land use issue for consideration. So, even if it was something, the study that have been done by the Federal government Item #15 Triton PCS, Inc. Page 4 before they did that have taken it so far to the safe side that its not even an issue. I believe that in all honesty, that the reason why that particular pole as opposed to another one was picked because the school wanted them to be symmetrical in some way because the existing one is just the same location except further to the east on that side of the stadium and so they thought that the two higher poles would look better, one balancing the other, I believe that was the only reason. And, this area on the map that I showed you showing the gap in coverage, sometimes that he says he can call from his house. I wouldn't dispute that. Sometimes you can make a call at different times. It's not only a location but it's a capacity issue as well. That the usage on this corridor has increased greatly. Again, more and more because of more and more people are using it as residential use, and as that usage increased, not saying that you can't never have coverage through there, but at times if you're calling the phone and I'm the last one that use it and you call, you're going to get dropped and say you may have been using this phone during off peak times or something like that. We believe that this is the site that the school board has approved. That is where they wanted it. I don't believe a health issue is viable in this case. Ronald Ripley: Charlie has a question. Charlie Salle': I don't have a question. but I can attest that I have SunCom and I get dropped every time I ride by Cox High School. Ronald Ripley: Okay. Thank you very much. Charlie was that a motion? Charlie Salle': I'll make a motion to approve the application. Betsy Atkinson: I'll second it. Ronald Ripley: Motion by Charlie Salle', seconded by Betsy Atkinson to approve the application. Any discussion? Robert Miller: Let me just say one thing. I think Mr. Hampton and perhaps SunCom could share some information with Mr. Mahan and just help him to see what ever information you got that won't certainly totally remove your concerns even though I suspect he won't be a SunCom user much longer. But it may at least give you some information to look at that would be documented in the study. Ronald Ripley: Okay. I think we're ready to vote. Ronald Ripley: By a vote of 11-0, the motion passes. AYE 11 NAY 0 ABSENT 0 ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 11-0, the motion passes. Map 1-4_ , Tr; tn» Pr.V l"r (spin 1499-81-8657 ZONING HISTORY 1. Conditional Use Permit (125' monopole communication tower) —Granted 10/13/98 2. Conditional Use Permit (Open Space) — Gratned 119184 3. Rezoning from R-20 Residential to R-15 Residential and Conditional Use Permit (Open Space) — Granted 3124198 K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PARKS AND RECREATION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT