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Home My WebLink AboutMAY 23, 2006 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF. At-Large VICE MA YOR LOUIS R. JONES. Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M DYER. Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A, MADDOX. Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT. At-Large RON A, VILLANUEVA. At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRiVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLiE L. LiLLEY CiTY CLERK - RUTH HODGES SMITH, MMC 23 MAY 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. TOWING ADVISORY BOARD Recommendations Barry Shockley, Administrative Services Manager, Management Services B. SEGW A Y PILOT PROGRAM Michael Eason, Resort Programs Administrator, Convention and Visitors Bureau II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Britton Retired Pastor 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 May 9, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. REAL and PERSONAL PROPERTY TAX - Proposed Exemptions I. PUBLIC COMMENT 1. SHORE DRIVE Safety Improvements J. CONSENT AGENDA K. RESOLUTIONS/ORDINANCES 1. Resolutions re legislation designating certain property as TAX EXEMPT on state and local real and personal property: :; a. Recommended for APPROV AL 1. Goodwill Industries of Hampton Roads 2. The Nature Conservancy b. Recommended for DENIAL 1. Commonwealth Support Systems, Inc. 2. Contemporary Art Center of Virginia 3. District 8 Little League 4. Dolphin Scholarship Foundation 5. Equi-Kids Therapeutic Riding Program 6. Hampton Roads Soccer Council 7. Kid's Quest Child Development Center 8. Northwestern Human Services of Pennsylvania, Inc. 9. Sara's Mentoring Center, Inc. 10. Spina Bifida Association of Tidewater 11. St. Gregory the Great Catholic Church 12. Summer Shakes, Inc. 13. Virginia State Crime Clinic 14. Young Musicians of Virginia, Inc. 2. Resolution to EXPRESS SUPPORT for Old Dominion University (ODU) opening a "four- year branch campus" at the Virginia Beach Higher Education Center. 3. Ordinances to AMEND the City Code: a. AMEND ~7-59.2 re riding on the beach or boardwalk b. AMEND ~~21-422, 21-426, 21-429 and ADD ~ 21-422.1 re the use of nonconsensual towing from private property to enforce parking restrictions c. AMEND ~21-426 re maximum basic towing fee fornonconsensual tows 4. Ordinance to GRANT a franchise to Cox Communications Hampton Roads, LLC to construct, operate and maintain a cable system. 5. Ordinance to GRANT franchise agreements for Open Air Cafes in the Resort Area a. 21 Fun, LLC t/a Sharx b. TC JR, Inc. t/a T -Caspers Bar and Grill c. Shrey, Inc. t/a Tropical Smoothie 6. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange with John Baum re an Agricultural Lands Preservation Easement (ARP). 7. Ordinance to AUTHORIZE the City Manager to execute a Management and Operating Agreement with the Association of the Preservation of Virginia Antiquities (APV A) re ownership of the Lynnhaven House at 4405 Wishart Road. DISTRICT 4 - BA YSIDE 8. Ordinance to AUTHORIZE acquisition of property for right-of-way, temporary and permanent easements re increasing the capacity for the First Colonial RoadlVirginia Beach Boulevard intersection. 9. Ordinance to AUTHORIZE temporary encroachments by Heritage Park, LLC, into the City's right-of-way at Heritage Park Drive and Sandbridge Road re a subdivision sign, irrigation line and electrical line. DISTRICT 7 - PRINCESS ANNE 10. Ordinance to TRANSFER $395,340 within the Police Department's FY 2005-06 Operating Budget to comply with Department of Justice (DOJ) Consent Decree re recruiting tests. L. PLANNING/NO ACTION 1. Application of Bobby Daniels, Faith for Deliverance Outreach Center for a Conditional Use Permit for a church at 649 Newtown Road, Unit 103. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: REFER TO PLANNING COMMISSION M. PLANNING 1. Applications for the discontinuance. abandonment and closure at Jersey Avenue and Virginia Beach Boulevard re reservation for future development. DISTRICT 2 - KEMPSVILLE a. Cornelius F. and Antonina Boynton b. Lope and Mercy Pile RECOMMENDATION: APPROVAL 2. Variance re lot size to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO) for HERBERT R. SNELLING, JR. to develop two single-family dwellings at Old Forge Road and W oodlake Road. DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 3. Application of BURTON and NANCY C. JUDA for a Conditional Use Permit re a residential kennel for eight (8) dogs at 205 Coventry Road. DISTRICT 2 - KEMPSVILLE DEFERRED: RECOMMENDATION: MAY 9, 2006 APPROVAL 4. Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Conditional Use Permit re church expansion (Family Life Center) at 2708 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of UPTON 1, L.L.c. for a Conditional Use Permit to develop a Child Care Education Center at Upton Drive and Old Dam Neck Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 6. Application of CARUANA CONSTRUCTION, INC. for a Chanee of Zonine District Classification from AG-2 Agricultural District to Conditional R-20 Residential District at Seaboard Road and Princess Anne Road to develop single-family homes. The Comprehensive Plan designates this site as being part of the Transition Area. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of DANNY K. MARTIN for a Chanf!e ofZoninf! District Classification from R-5D Residential Duplex District to Conditional I-I Light Industrial District at 5840 Burton Station Road to develop an office-warehouse facility. DISTRICT 4 - BA YSIDE STAFF RECOMMENDS: PLANNING COMMISSION RECOMMENDS: DENIAL APPROVAL 8. Application of DELAWARE CORPORATION for a Chanee of Zonine District Classification from R-20 Residential District to Conditional 1-2 Heavy Industrial District on London Bridge Road and Harpers Road to develop the site for office-warehouse and storage. The Comprehensive Plan designates this site as being within Strategic Growth Area 10, South Oceana Area. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 9. Application of Lawson Hall Associates, L.L.c. for a Chanee of Zoning District Classification from R-l 0 Residential District to Conditional A-12 Apartment District with a PD-H2 Overlay at 5525 Lawson Hall Road to develop age-restricted multi-family residential units. The Comprehensive Plan designates this site as being within the Primary Residential Area. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL N. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITlbE HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPDC INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMll.lEE P ARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS -nuC O. UNFINISHED BUSINESS P. NEW BUSINESS 1. ABSTRACT OF VOTES - May 2, 2006 COUNCILMANIC and SCHOOL BOARD Election Q. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED July 4,2006 July 11, 2006 July 18, 2006 July 19 - August 7, 2006 August 8, 2006 ALL SESSIONS CANCELED Briefmg, Informal and Formal Sessions Briefmg, Informal and Formal Sessions City Council Vacation Resume Regular Schedule ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda OS/23/2006mb www.vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. TOWING ADVISORY BOARD Recommendations Barry Shockley, Administrative Services Manager, Management Services B. SEGW A Y PILOT PROGRAM Michael Eason, Resort Programs Administrator, Convention and Visitors Bureau II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - I V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Thomas Britton Retired Pastor C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E.CERTIFICA TION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 9, 2006 G. AGENDA FOR FORMAL SESSION .tsnlutinu CERIUICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL "'~REAS: 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 1. REAL and PERSONAL PROPERTY TAX - Proposed Exemptions I. PUBLIC COMMENT 1. SHORE DRIVE Safety Improvements i NOTICE Of PUBLIC HEARING Proposed Exemptions From Real And Personal Property Taxation On Tuesday, May 23, 2006, at 6:00 p.m. in the Council Chamber on the second floor of the City Hall Building, Municipal center, Virginia Beach. Virginia. the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and/or personal property taxes: 1. Commonwealth Support Systems, Inc. Personal Property Assessment: $22.988.07 Personal Property Taxes Oue: $850.56 Real Property Assessment: $0 Real Property Taxes Due: $0 2. Contemporary Art Center of Virginia Personal Property Assessment: $0 Personal Property Taxes Due: $0 Real Property Assessment: $0 Real Property Taxes Due: $0 3. District 8 Utile League Personal Property Assessment: $0 Personal Property Taxes Due: $0 Real Property Assessment: $0 Real Property Taxes Due: $0 4. Dolphin Scholarship Foundation Personal Property Assessment: $8962.00 Personal Property Taxes Due: $331.59 Real Property Assessment $0 Real ~rty Taxes Due: $0 5. Equl-Kids Therapeutic Riding Program Personal Property Assessment: $44.982.00 Personal Property Taxes Due: $1664.34 Real Property Assessment: $0 Real Property Taxes Due: $0 6. Goodwill Industries of Hampton Roads Personal Property Assessment: $0 Personal Property Taxes Due: $0 Real Property Assessment: $0 Real Property Taxes Due: $0 , -/./ 7. Hampton Roads Soccer CouncU Personal ...........HJ Assessment: $0 Personal Property Taxes Due: $0 Real Property Assessment SO Real Property Taxes Due: $0 8. Kid's Quest Child Development Center Personal Property Assessment: $12.257.40 Personal Property Taxes Due: $453.53 Real Property Assessment: $0 Real Property Taxes Due: SO 9. Northwestern Human Services of Pennsylvania Inc. Personal Property Assessment $0 Personal Property Taxes Due: $0 Real Property Assessment: $717.368.00 Real Property Taxes Due: $7,415.60 10. Sara's Mentoring Center, Inc. Personal Property Assessment: $6.000.00 Personal ~rty Taxes Due: $222.00 Real Property Assessment: $0 Real Property Taxes Due: $0 11. Spina Bifida Association of T :" ..:" r Personal Property Assessment: SO Personal Property Taxes Due: SO Real Property Assessment: $0 Real Property Taxes Due: $0 12. St. Gregory the Great Catholic Cburch Personal Property Assessment: $0 Personal Property T3;Xes Due: $0 Real Property Assessment: $0 Real Property Taxes Due: $0 13. Summer Shakes, Inc. Personal Property Assessment: Personal Property Taxes Due: Real Property Assessment: Real Property Taxes Due; $1068.80 $39.55 $0 $0 14. The Nature Conservancy Personal Property Assessment: Personal Property Taxes Due: Real Property Assessment: Real Property Taxes Due: $0 $0 $0 $0 15. Virginia State Crime Clinic Personal Property Assessment: Personal Property Taxes Due: Real Property Assessment: Real Property Taxes Due: $0 $0 $0 $0 16. Young Musicians of Virginia, Inc. Personal Property Assessment: $15.308.00 .Personal Property Taxes Due: $226.56 Real Property Assessment: $0 Real Property Taxes Due: $0 Copies of the proposed ordinances are on file in the office of the City Clerk. An interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. If you are physically disabled, hearing or visually impaired and you need assistance at this meeting. please call 427-4305 Voice/TOO. r? -.Lu4':::'- Ruth Hodges Smith. MMC City Clerk 15079838 Beacon May 14. 2006 J. CONSENT AGENDA K. RESOLUTIONS/ORDINANCES 1. Resolutions re legislation designating certain property as TAX EXEMPT on state and local real and personal property: a. Recommended for APPROVAL 1. Goodwill Industries of Hampton Roads 2. The Nature Conservancy b. Recommended for DENIAL 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Commonwealth Support Systems, Inc. Contemporary Art Center of Virginia District 8 Little League Dolphin Scholarship Foundation Equi-Kids Therapeutic Riding Program Hampton Roads Soccer Council Kid's Quest Child Development Center Northwestern Human Services of Pennsylvania, Inc. Sara's Mentoring Center, Inc. Spina Bifida Association of Tidewater St. Gregory the Great Catholic Church Summer Shakes, Inc. Virginia State Crime Clinic Young Musicians of Virginia, Inc. I II 2. Resolution to EXPRESS SUPPORT for Old Dominion University (ODU) opening a "four- year branch campus" at the Virginia Beach Higher Education Center. 3. Ordinances to AMEND the City Code: a. AMEND ~7-59.2 re riding on the beach or boardwalk b. AMEND ~S21-422, 21-426, 21-429 and ADD ~ 21-422.1 re the use of nonconsensual towing from private property to enforce parking restrictions c. AMEND ~21-426 re maximum basic towing fee fornonconsensual tows 4. Ordinance to GRANT a franchise to Cox Communications Hampton Roads, LLC to construct, operate and maintain a cable system. 5. Ordinance to GRANT franchise agreements for Open Air Cafes in the Resort Area a. 21 Fun, LLC t/a Sharx b. TC JR, Inc. t/a T -Caspers Bar and Grill c. Shrey, Inc. t/a Tropical Smoothie 6. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange with John Baum re an Agricultural Lands Preservation Easement (ARP). 7. Ordinance to AUTHORIZE the City Manager to execute a Management and Operating Agreement with the Association of the Preservation of Virginia Antiquities (APV A) re ownership of the Lynnhaven House at 4405 Wishart Road. DISTRICT 4 - BA YSIDE 8. Ordinance to AUTHORIZE acquisition of property for right-of-way, temporary and permanent easements re increasing the capacity for the First Colonial RoadlVirginia Beach Boulevard intersection. 9. Ordinance to AUTHORIZE temporary encroachments by Heritage Park, LLC, into the City's right-of-way at Heritage Park Drive and Sandbridge Road re a subdivision sign, irrigation line and electrical line. DISTRICT 7 - PRINCESS ANNE 10. Ordinance to TRANSFER $395,340 within the Police Department's FY 2005-06 Operating Budget to comply with Department of Justice (DOJ) Consent Decree re recruiting tests. ("" l 1 ! L, ".",..,'.'...',::.......,,',.,,'.,.'.,.'..'..,.,0,'.,,'.'.','.',','.','.'.'.'.'.'.'._.',','.1.',' " I l "f~,,- ;;~~ ,;'<;1 .,::.,~ '~~J .............""v. CITY OF VIRGINIA BEACH AGENDA ITEM J ,,"; """'"1""""""".",1,,,,',, """"."""",,' "I""",."".'""",'. .""""""""",11III"""""""",1",.,."",1".",...,101I"...."""',, ITEM: An Ordinance to Designate Goodwill Industries of Hampton Roads, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23, 2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to 9 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be granted. Goodwill Industries of Hampton Roads, Inc. is exempted by the Commonwealth from sales taxation, but to our knowledge has not been exempted from property taxation. The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of Goodwill Industries of Hampton Roads, Inc. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Council City Manager: ~ ~. ~Ilil<z. 1 2 3 4 5 AN ORDINANCE TO DESIGNATE GOODWILL INDUSTRIES OF HAMPTON ROADS, INC. AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, in accordance with ~ 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Goodwill Industries of 10 Hampton Roads, Inc. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Goodwill Industries of Hampton Roads, Inc. as a 15 charitable organization within the context of ~ 6(a) (6) of Article 16 X of the Constitution of Virginia. 17 2 . That real and personal property owned by Goodwill 18 Industries of Hampton Roads, Inc. located wi thin the City of 19 Virginia Beach that is used exclusively for charitable purposes on 20 a nonprofit basis is hereby exempt from local property taxation. 21 3 . This exemption is contingent on the following: 22 (a) continued use of the property by Goodwill 23 Industries of Hampton Roads, Inc. for exclusively 24 charitable purposes; 25 (b) that each July 1, Goodwill Industries of Hampton 26 Roads, Inc. shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 Goodwill Industries of Hampton Roads, Inc. shall 33 file with the Commissioner of the Revenue an 34 application for continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA-9953 X:\PA\GG\ORDRES\Goodwill ORD R-l March 23, 2006 APPROVED AS TO LEGAL SUFFICIENCY: ~o ~.(.,1~ City Attorney'sGbffice 2 r"""""""""""""""""""""""""'",.,'."""""""""""""','.'.',',','",',"'.'""""""""""""""""'..,',"""',',',.,.,'..,.,',','..,',.,',',,'.','.'...'...",.,"',.,',.,','''''''''''''''''.'..,'..,',.,',.,.,',',',',',',','..,'."'."""'''''''.'...',.,',',',.,',.,',''',..'...'...',',',',.,',',',',.,',',.' < l ~ l 1 l~l: ~:s:~~p~~~~;E~~~m ':~:~th ~, ~..:t~;;;"~ "~\ ,,;' """I"I,ICI""""""""",II",,,,,,,' ITEM: An Ordinance to Designate The Nature Conservancy as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23, 2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to 9 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be granted because The Nature Conservancy is exempted by the Commonwealth from property taxation. The General Assembly exempted The Nature Conservancy from property taxation in 1974. The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of The Nature Conservancy. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Council City Manager: ~ k- . ~ ~ 1 2 3 4 5 AN ORDINANCE CONSERVANCY LOCAL REAL TAXATION TO DESIGNATE THE NATURE AS BEING EXEMPT,. FROM AND PERSONAL PROPERTY 6 WHEREAS, l.n accordance with ~ 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to The Nature Conservancy. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That the Council of the City of Virginia Beach, Virginia, 13 hereby designates The Nature Conservancy as a charitable 14 organization within the context of ~ 6(a) (6) of Article X of the 15 Constitution of Virginia. 16 2 . That real and personal property owned by The Nature 17 Conservancy located within the City of Virginia Beach that is used 18 exclusively for charitable purposes on a nonprofit basis is hereby 19 exempt from local property taxation. 20 3. This exemption is contingent on the following: 21 (a) continued use of the property by The Nature 22 Conservancy for exclusively charitable purposes; 23 (b) that each July 1, The Nature Conservancy shall file 24 with the Commissioner of the Revenue a copy of its 25 most recent federal income tax return, or, if no 26 such return is required, it shall certify its 27 continuing tax exempt status to the Commissioner of 28 the Revenue; and 29 (c) That every three years, beginning on July 1, 2009, 30 The Nature Conservancy shall file with the 31 Commissioner of the Revenue an application for 32 continuation of the exemption. 33 4. That the effective date of this exemption shall be July 34 1, 2006. 35 Adoption requires an affirmative vote of three-fourths of the 36 members of the Ci ty Council. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the day of , 2006. CA-9953 X:\PA\GG\ORDRES\The Nature Conservancy ORD R-l March 23, 2006 APPROVED AS TO LEGAL SUFFICIENCY: \ Jruiu.- !. K _ 1. iJA ~ City Attorney,;oOffice 2 ( ~ l l ~ f, j j '-."",,,,,,,, .,.t~,~~~ ~~~~:::..~;t~f~r ,"O,}............:; ............\ wr 11) ~....~.....'" CITY OF VIRGINIA BEACH AGENDA ITEM """""""1"""""""""""""""""",,,",1"""""""""""",_""1""""."""",,","",.,.""",._."""""" ITEM: An Ordinance to Designate Commonwealth Support Systems, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to 9 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of pe,rsonal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $22,988.07; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $850.56; the real property taxes due are $0.00. The taxes due represent 0.09 percent of the total expenditures of Commonwealth Support Systems, Inc. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department! Agency: City Council City Manage~ 'L .1J(J~ 1 2 3 4 5 AN ORDINANCE TO DESIGNATE COMMONWEALTH SUPPORT SYSTEMS, INC., AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, in accordance with ~ 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Commonwealth Support 10 Systems, Inc. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Commonwealth Support Systems, Inc., as a 15 charitable organizati~::m within the context of ~ 6 (a) (6) of Article 16 X of the Constitution of Virginia. 17 2. That real and personal property owned by Commonwealth 18 Support Systems, Inc., located within the City of Virginia Beach 19 that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by Commonwealth 23 Support Systems, Inc., for exclusively charitable 24 purposes; 25 (b) that each July 1, Commonwealth Support Systems, 26 Inc., shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 29 tax return, or, if no such return is required, it shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 Commonwealth Support Systems, Inc., shall file with 33 the Commissioner of the Revenue an application for 34 continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the Ci ty Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA-9944 H:\PA\GG\ORDRES\CSS.doc R-l March 13, 2006 APPROVED AS TO LEGAL SUFFICIENCY: ~_~ ?(_{J~A- City Attorney'~ Office 2 (""'" ; I I l \, 4@,,'~~, ,1~i1ift~\ti:~~ ~l~ "'" CITY OF VIRGINIA BEACH AGENDA ITEM """"",tIlIDICII"."""""""I,III"""""I""""","'_""""""""""""""""""" ,....",,,,,,,,,../ ITEM: An Ordinance to Designate Contemporary Art Center of Virginia as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to 9 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of Contemporary Art Center of Virginia. . Public Information: A public hearing on this matter has been advertised for May 23, '2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department/Agency: City Council City Manager: Uk... ~ ~ 1 2 3 4 5 AN ORDINANCE TO CONTEMPORARY ART CENTER OF AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION DESIGNATE VIRGINIA REAL AND 6 WHEREAS, in accordance with ~ 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Contemporary Art Center of 10 Virginia. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Contemporary Art Center of Virginia as a 15 charitable organization within the context of ~ 6(a) (6) of Article 16 X of the Constitution of Virginia. 17 2 . That real and personal property owned by Contemporary Art 18 Center of Virginia located within the City of Virginia Beach that 19 is used exclusively for charitable purposes on a nonprofit basis is 20 hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by Contemporary Art 23 Center of Virginia for exclusively charitable 24 purposes; 25 (b) that each July I, Contemporary Art Center of 26 Virginia shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 Contemporary Art Center of Virginia shall file with 33 the Commissioner of the Revenue an application for 34 continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the Ci ty Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA- 9945 H: \PA\GG\ORDRES\CACofVa. doc R-1 March 13, 2006 APPROVED AS TO LEGAL SUFFICIENCY: ,J~ ~. K. 1L1/1A-- City Attorney's QffiCe 2 (""" ~ ; ! I I l" III ~~...~.;.....;# ""'.....,.'..'.'.'.'",'.'"""""",,,,'.'.'.'.',,.,.,.,.,", 1 i I I l I , """""""""""""""""~ CITY OF VIRGINIA BEACH AGENDA ITEM """',1"",1.",1,.1"" """ ",1",1""1,1,, ,,',',' ,1",1" """,I""I",I"I""",...""""I,JIIII .,,,, ,I""1IIDIIlIII" "",1, ITEM: An Ordinance to Designate District 8 Little League as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23, 2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of District 8 Little League. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department! Agency: City Council City Manager: ~ L.. ~~ 1 2 3 4 5 AN ORDINANCE TO DESIGNATE DISTRICT 8 LITTLE LEAGUE AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, ~n accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the ~ssue of granting an 9 exemption from local property taxes to District 8 Little League. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That the Council of the City of Virginia Beach, Virginia, 13 hereby designates District 8 Little League as a charitable 14 organization within the context of & 6(a) (6) of Article X of the 15 Constitution of Virginia. 16 2 . That real and personal property owned by District 8 17 Little League located within the City of Virginia Beach that is 18 used exclusively for charitable purposes on a nonprofit basis is 19 hereby exempt from local property taxation. 20 3 . This exemption is contingent on the following: 21 (a) continued use of the property by District 8 Little 22 League for exclusively charitable purposes; 23 (b) that each July 1, District 8 Little League shall 24 file with the Commissioner of the Revenue a copy of 25 its most recent federal income tax return, or, if 26 no such return is required, it shall certify its 27 28 continuing tax exempt status to the Commissioner of the Revenue; and 29 (c) That every three years, beginning on July 1, 2009, 30 District 8 Little League shall file with the 31 Commissioner of the Revenue an application for 32 continuation of the exemption. 33 4 . That the effective date of this exemption shall be July 34 1, 2006. 35 Adoption requires an affirmative vote of three-fourths of the 36 members of the City Council. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the day of , 2006. CA-9946 H:\PA\GG\ORDRES\D8LL.doc R-1 March 13, 2006 APPROVED AS TO LEGAL SUFFICIENCY: , b I.t.. -fi{/-. City Attorney's ffice 2 r"""""""""""""""",',',',',',',',',',', "',',,",',',',',',',',',',',,,',",',', I ~ I I \."""""""""""""""""""" ,1"11,, """""""""".'",1,,1 ""I,., ,I"" "I"", "",1",- """"""'" I I ; j ''''''''''''~' ~~~" ~4~~~!!~~:.~ l~~~t.rr':f#:%- I ... ~........ ..... .,,9.,') '~il; \................-v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Dolphin Scholarship Foundation as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $8,962.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $331.59; the real property taxes due are $0.00. The taxes due represent 0.07 percent of the total expenditures of Dolphin Scholarship Foundation. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department! Agency: City Council City Manager: ~ k- ,CJ3~ 1 2 3 4 5 AN ORDINANCE TO DESIGNATE DOLPHIN SCHOLARSHIP FOUNDATION AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, ~n accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the ~ssue of granting an 9 exemption from local property taxes to Dolphin Scholarship 10 Foundation. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGIN!A BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Dolphin Scholarship Foundation as a charitable 15 organization within the context of & 6(a) (6) of Article X of the 16 Constitution of Virginia. 17 2. That real and personal property owned by Dolphin 18 Scholarship Foundation located within the City of Virginia Beach 19 that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: (a) continued use of the property by Dolphin Scholarship Foundation for exclusively charitable purposes; (b) that each July 1, Dolphin Scholarship Foundation 22 23 24 25 26 shall file with the Commissioner of the Revenue a 27 copy of its most recent federal income tax return, 28 29 30 31 or, if no such return is required, it shall certify its continuing status to the tax exempt Commissioner of the Revenue; and (c) That every three years, beginning on July 1, 2009, 32 Dolphin Scholarship Foundation shall file with the 33 Commissioner of the Revenue an application for 34 continuation of the exemption. 35 4 . That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA-9947 X:\PA\GG\ORDRES\DSF.doc R-1 March 13, 2006 APPROVED AS TO LEGAL SUFFICIENCY: ~! t ~~fU City Attorney' Off~ce 2 I"""""""""""""""""""""""""'",',',',',',',',',',',',',"',',',"'.',',',','.' ',',', ',',','.'.',',',',',',',',',',',',"','.',',,', i l l 1 l l ~ l CITY OF VIRGINIA BEACH \.._ .. ..... .. ...... ..m Ac;E:I'4,?~r"E:ftI1, ft'~~~*; ,'=''''''.'''''''^''t WfJrY """""""""""""~ 1 l ""'" ,,,,,,,,,,,,-,,! ITEM: An Ordinance to Designate Equi-Kids Therapeutic Riding Foundation as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23, 2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $44,982.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $1,664.34; the real property taxes due are $0.00. The taxes due represent 0.67 percent of the total expenditures of Equi-Kids Therapeutic Riding Foundation. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department!Agency: City Council City Manager: ~ \c . ~~ 1 2 3 4 5 AN ORDINANCE TO DESIGNATE EQUI-KIDS THERAPEUTIC RIDING FOUNDATION AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, ~n accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Equi-Kids Therapeutic Riding 10 Foundation. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Equi-Kids Therapeutic Riding Foundation as a 15 charitable organization within the context of & 6(a) (6) of Article 16 X of the Constitution of Virginia. 17 2. That real and personal property owned by Equi-Kids 18 Therapeutic Riding Foundation located within the City of Virginia 19 Beach that is used exclusively for charitable purposes on a 20 nonprofit basis is hereby exempt from local property taxation. 21 3 . This exemption is contingent on the following: 22 (a) continued use of the property by Equi-Kids 23 Therapeutic Riding Foundation for exclusively 24 charitable purposes; 25 (b) that each July 1, Equi-Kids Therapeutic Riding 26 Foundation shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 Equi-Kids Therapeutic Riding Foundation shall file 33 with the Commissioner of the Revenue an application 34 for continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA-9948 H:\PA\GG\ORDRES\EKTRP.doc R-1 March 13, 2006 APPROVED AS TO LEGAL SUFFICIENCY: ~ ftlJ~/ ~. K ,-h/;A City Attorney's affic~ 2 .~..... ",:~,8""'- ;~~~~~i~?~ tWj '"'\..~:...~r ; , ~ l l CITY OF VIRGINIA BEACH AGENDA ITEM """"""""""""""-"" ,1,.""""""IlICIICIll".,'...I""",,,,,,, ITEM: An Ordinance to Designate Hampton Roads Soccer Council as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23, 2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of Hampton Roads Soccer Council. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department! Agency: City Council City Manager:~ K... ~ 1 2 3 4 5 AN ORDINANCE TO DESIGNATE HAMPTON ROADS SOCCER COUNCIL AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, ~n accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Hampton Roads Soccer 10 Council. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Hampton Roads Soccer Council as a chari table 15 organization within the context of & 6(a) (6) of Article X of the 16 Constitution of Virginia. 17 2 . That real and personal property owned by Hampton Roads 18 Soccer Council located within the City of Virginia Beach that is 19 used exclusively for charitable purposes on a nonprofit basis is 20 hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by Hampton Roads 23 Soccer Council for exclusively charitable purposes; 24 (b) that each July 1, Hampton Roads Soccer Council 25 shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, 27 or, if no such return is required, it shall certify 28 its continuing the tax exempt status to 29 Commissioner of the Revenue; and 30 (c) That every three years, beginning on July 1, 2009, 31 Hampton Roads Soccer Council shall file with the 32 Commissioner of the Revenue an application for 33 continuation of the exemption. 34 4 . That the effective date of this exemption shall be July 35 1, 2006. 36 Adoption requires an affirmative vote of three-fourths of the 37 members of the City Council. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the , 2006. day of CA-9950 X:\PA\GG\ORDRES\HR Soccer Council ORD R-1 March 23, 2006 APPROVED AS TO LEGAL SUFFICIENCY: '- J /JjjIy(J f j( ~// A- City Attorney's ~ffice 2 ("""""""""""""""""""""""""",",',', """"""""""""""""',',",',', j l 1 l ~ L"c'nr~~~~~~~~~;~~~~, ....~~:\ '\1" '.~9-") i['1~~ ~~:ti;f:~j """""""""""""""""'," ,-"",,,,,,-,,,,,,,,,,,,/' ITEM: An Ordinance to Designate Kid's Quest Child Development Center as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $12,257.40; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $453.53; the real property' taxes due are $0.00. The taxes due represent 0.08 percent of the total expenditures of Kid's Quest Child Development Center. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department!Agency: City Council City Manager: ~ l ,~ 1 2 3 4 5 AN ORDINANCE TO DESIGNATE KID'S QUEST CHILD DEVELOPMENT CENTER AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, in accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Kid's Quest Child 10 Development Center. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Kid's Quest Child Development Center as a 15 charitable organization within the context of & 6(a) (6) of Article 16 X of the Constitution of Virginia. 17 2 . That real and personal property owned by Kid's Quest 18 Child Development Center located within the City of Virginia Beach 19 that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 3 . This exemption is contingent on the following: 22 (a) continued use of the property by Kid's Quest Child 23 Development Center for exclusively charitable 24 purposes; 25 (b) that each July 1, Kid's Quest Child Development 26 Center shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 Kid's Quest Child Development Center shall file 33 with the Commissioner of the Revenue an application 34 for continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the Ci ty Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA-9951 X:\PA\GG\ORDRES\Kid's Quest ORD R-1 March 23, 2006 APPROVED AS TO LEGAL SUFFICIENCY: \ JOlin; _ t. K. .JujjM City Attorney's Qifice 2 (""""'" i :!t~~ .........';.;.. '1i;~f:~{%~ \~$wJ! '...................-..; ',',',',','.'.'.',',',',',',',',",',',",',',',',',',",',',',',',',',',',',',',".' ','.',', "',',','.','.' .,.""',',',',',",',',',',',',',','.'.',',',',',',',' """""""""""""""""""', "j l 1 l 1 1 1 I 1 """'""""""""",,,"""""""""""""""","""",""" "",,/ \. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Northwestern Human Services of Pennsylvania Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that U[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $717,368. The personal property taxes due are $0.00; the real property taxes due are $7,415.60. The taxes due represent 0.009 percent of the total expenditures of Northwestern Human Services of Pennsylvania Inc. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department!Agency: City Council City Manager~ t::&ex"1 1 2 3 4 5 6 AN ORDINANCE TO DESIGNATE NORTHWESTERN HUMAN SERVICES OF PENNSYLVANIA INC. AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 7 WHEREAS, in accordance with & 58.1-3651 of the Code of 8 Virginia, the Council of the City of Virginia Beach has advertised 9 and conducted a public hearing on the issue of granting an 10 exemption from local property taxes to Northwestern Human Services 11 of Pennsylvania Inc. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 1. That the Council of the City of Virginia Beach, Virginia, 15 hereby designates Northwestern Human Services of Pennsylvania Inc. 16 as a charitable organization within the context of & 6(a) (6) of 17 Article X of the Constitution of Virginia. 18 2 . That real and personal property owned by Northwestern 19 Human Services of Pennsylvania Inc. located within the City of 20 Virginia Beach that is used exclusively for charitable purposes on 21 a nonprofit basis is hereby exempt from local property taxation. 22 3 . This exemption is contingent on the following: 23 (a) continued use of the property by Northwestern Human 24 Services of Pennsylvania Inc. for exclusively 25 charitable purposes; 26 (b) that each July 1, Northwestern Human Services of 27 Pennsylvania Inc. shall file with the Commissioner 28 of the Revenue a copy of its most recent federal 29 income tax return, or, if no such return is 30 required, it shall certify its continuing tax 31 exempt status to the Commissioner of the Revenue; 32 and 33 (c) That every three years, beginning on July 1, 2009, 34 Northwestern Human Services of Pennsylvania Inc. 35 shall file with the Commissioner of the Revenue an 36 application for continuation of the exemption. 37 That the effective date of this exemption shall be July 4. 38 1, 2006. 39 Adoption requires an affirmative vote of three-fourths of the 40 members of the Ci ty Council. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the , 2006. day of CA-9953 X:\PA\GG\ORDRES\Northwestern Human Services ORD R-1 March 23, 2006 APPROVED AS TO LEGAL SUFFICIENCY: ~ Lt.. ,"1d.Jh- City Attorney~Office 2 ,1IIlIIIIIIIIIII""""" """"""""",I,.IIDOCIIIl"I"""""""."""", ',',',',',',','.',',',',',',',',',',',',',',',','."',',',',',',',',' """"""""""""""""'"" -1 l 1 I 1 1 I j "",,,,,,,,,,,,,,,,,_,,,,,,,,,,,,.,,,,,,,,,,,J ('" 1 ~ l I ~ ~'"'''' (.~.n.~ ..,.,....~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Sara's Mentoring Center, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23, 2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that U[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $6,000; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $222.00; the real property taxes due are $0.00. The taxes due represent 0.06 percent of the total expenditures of Sara's Mentoring Center, Inc. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department! Agency: City Council City Manager~~ l, ~ 1 2 3 4 5 AN ORDINANCE TO DESIGNATE SARA'S MENTORING CENTER, INC. AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, l.n accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Sara's Mentoring Center, 10 Inc. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Sara's Mentoring Center, Inc. as a charitable 15 organization within the context of & 6(a) (6) of Article X of the 16 Constitution of Virginia. 17 2. That real and personal property owned by Sara's Mentoring 18 Center, Inc. located within the City of Virginia Beach that is used 19 exclusively for charitable purposes on a nonprofit basis is hereby 20 exempt from local property taxation. 21 3 . This exemption is contingent on the following: 22 (a) continued use of the property by Sara's Mentoring 23 Center, Inc. for exclusively charitable purposes; 24 (b) that each July 1, Sara's Mentoring Center, Inc. 25 shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, 27 or, if no such return is required, it shall certify 28 its continuing tax exempt status to the 29 Commissioner of the Revenue; and 30 (c) That every three years, beginning on July 1, 2009, 31 Sara's Mentoring Center, Inc. shall file with the 32 Commissioner of the Revenue an application for 33 continuation of the exemption. 34 4 . That the effective date of this exemption shall be July 35 1, 2006. 36 Adoption requires an affirmative vote of three-fourths of the 37 members of the Ci ty Council. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the day of , 2006. CA-9954 X:\PA\GG\ORDRES\Sara's Mentoring Ctr ORD R-1 March 22, 2006 APPROVED AS TO LEGAL SUFFICIENCY: , kmu; _ K ... ~ - City AttorneY'sOOffice 2 ('" -:~:f;"R-h {t!1]1i~i'-;li~~ ..-~ ~'''''''''':).:-gr' .,'; -). "~jl~~}~l --'1,;...................,. ..,....,,", l............. CITY OF VIRGINIA BEACH AGENDA ITEM , ,IIICMI""""""",.""""" ,/ ITEM: An Ordinance to Designate Spina Bifida Association of Tidewater as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of Spina Bifida Association of Tidewater. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department! Agency: City Council City Manager: ~ L ~1X"i.. 1 2 3 4 5 AN ORDINANCE TO DESIGNATE SPINA BIFIDA ASSOCIATION OF TIDEWATER AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, in accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Spina Bifida Association of 10 Tidewater. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Spina Bifida Association of Tidewater as a 15 charitable organization within the context of & 6(a) (6) of Article 16 X of the Constitution of Virginia. 17 2 . That real and personal property owned by Spina Bifida 18 Association of Tidewater located within the City of Virginia Beach 19 that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by Spina Bifida 23 Association of Tidewater for exclusively charitable 24 purposes; 25 (b) that each July 1, Spina Bifida Association of 26 Tidewater shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2009, 32 Spina Bifida Association of Tidewater shall file 33 with the Commissioner of the Revenue an application 34 for continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA-9955 X:\PA\GG\ORDRES\Spina Bifida Assoc. ORD R-1 March 22, 2006 APPROVED AS TO LEGAL SUFFICIENCY: . ,)I1Uru ~. j( . Ju~ City Attorney's ~ffice 2 ,1"'.". ................" I I 1 ! I ",.,/ ,,::~8'.-'\~. ..~~~~~ il{~ .1_.............. ......._.~>~ ~,~~~tj \.,"""'"'''''''' ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM ",,,,,,,,',,,,,,, """""",J"",I"", """"""..""",,,,,,,,,,,,,I,,,,,,I,,,,,,,,J,,,,,,, """"",,,,,,,,,,,,JIII.,,,,,,,,,,,,,,,,,,,,, """""""""""""..111.."""""""""",,, An Ordinance to Designate St. Gregory the Great Catholic Church as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. E Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of St. Gregory the Great Catholic Church. N Public Information: A public hearing on this matter has been advertised for May 23,2006. 0 Attachments: Ordinance Recommended Action: Denial Submitting DepartmentlAgency: City Council City Manager: 1 2 3 4 5 AN ORDINANCE TO DESIGNATE ST. GREGORY THE GREAT CATHOLIC CHURCH AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, in accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to St. Gregory the Great 10 Catholic Church. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates St. Gregory the Great Catholic Church as a 15 charitable organization within the context of & 6(a) (6) of Article 16 X of the Constitution of Virginia. 17 2 . That real and personal property owned by St. Gregory the 18 Great Catholic Church located within the City of Virginia Beach 19 that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by St. Gregory the 23 Great Catholic Church for exclusively charitable 24 purposes; 25 (b) that each July 1, St. Gregory the Great Catholic 26 Church shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income 28 29 30 31 32 tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; and (c) That every three years, beginning on July 1, 2009, St. Gregory the Great Catholic Church shall file 33 with the Commissioner of the Revenue an application 34 for continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2006. 37 Adoption requires an affirmative vote of three-fourths of the 38 members of the ci ty Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2006. CA-9956 X:\PA\GG\ORDRES\St. Gregory the Great ORD R-1 March 22, 2006 APPROVED AS TO LEGAL SUFFICIENCY: , lainu ( LL~ City Attorney's ~ffice 2 ("""""""""""'" '""".""" ~ ~ ~ I "j \.,""""""''''''''''''''''''''''', .'~'" .o:-;-......,Z&~ )~,::~;~~>>~ 's~: ,.,uf ~,~~~51 """""""."""""""""""""""~- , CITY OF VIRGINIA BEACH AGENDA ITEM """""""""""""",/ " """,IIIIIIIIIIIaIIIIIIIIUllllllm ,1"',, ,,"",""",, ITEM: An Ordinance to Designate Summer Shakes, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $1,068.80; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $39.55; the real property taxes due are $0.00. The taxes due represent 0.066 percent of the total expenditures of Summer Shakes, Inc. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department! Agency: City Council City Manager: ~ \c ~o<Jt 1 2 3 4 5 AN ORDINANCE TO DESIGNATE SUMMER SHAKES, INC. AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, ~n accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Summer Shakes, Inc. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That the Council of the City of Virginia Beach, Virginia, 13 hereby designates Summer Shakes, Inc. as a charitable organization 14 within the context of & 6(a) (6) of Article X of the Constitution of 15 Virginia. 16 2 . That real and personal property owned by Summer Shakes, 17 Inc. located within the City of Virginia Beach that is used 18 exclusively for charitable purposes on a nonprofit basis is hereby 19 exempt from local property taxation. 20 3 . This exemption is contingent on the following: 21 (a) continued use of the property by Summer Shakes, 22 Inc. for exclusively charitable purposes; 23 (b) that each July 1, Summer Shakes, Inc. shall file 24 with the Commissioner of the Revenue a copy of its 25 most recent federal income tax return, or, if no 26 such return is required, it shall certify its 27 continuing tax exempt status to the Commissioner of 28 the Revenue; and 29 (c) That every three years, beginning on July 1, 2009, 30 Summer Shakes, shall file with the Inc. 31 Commissioner of the Revenue an application for 32 continuation of the exemption. 33 4. That the effective date of this exemption shall be July 34 1, 2006. 35 Adoption requires an affirmative vote of three-fourths of the 36 members of the Ci ty Council. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the day of , 2006. CA-9957 X:\PA\GG\ORDRES\Summer Shakes, Inc. ORD R-1 March 22, 2006 APPROVED AS TO LEGAL SUFFICIENCY: " j~ J; K. J)JA- City Attorney's O&fice 2 """;""""""'''''''''';'''''"' l I j ; l I " J ",',111111111111111111 (^" ~ I < ~ I ~ L (.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Virginia State Crime Clinic as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23,2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $0.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $0.00; the real property taxes due are $0.00. The taxes due represent zero percent of the total expenditures of Virginia State Crime Clinic. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department!Agency: City Council City Manager:~ t.~DV"l. 1 2 3 4 5 AN ORDINANCE TO DESIGNATE VIRGINIA STATE CRIME CLINIC AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, ~n accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Virginia State Crime Clinic. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That the Council of the City of Virginia Beach, Virginia, 13 hereby designates Virginia State Crime Clinic as a charitable 14 organization within the context of & 6(a) (6) of Article X of the 15 Constitution of Virginia. 16 2. That real and personal property owned by Virginia State 17 Crime Clinic located within the City of Virginia Beach that is used 18 exclusively for charitable purposes on a nonprofit basis is hereby 19 exempt from local property taxation. 20 3. This exemption is contingent on the following: 21 (a) continued use of the property by Virginia State 22 Crime Clinic for exclusively charitable purposes; 23 (b) that each July 1, Virginia State Crime Clinic shall 24 file with the Commissioner of the Revenue a copy of 25 its most recent federal income tax return, or, if 26 no such return is required, it shall certify its 27 continuing tax exempt status to the Commissioner of 28 the Revenue; and 29 (c) That every three years, beginning on July 1, 2009, 30 Virginia State Crime Clinic shall file with the 31 Commissioner of the Revenue an application for 32 continuation of the exemption. 33 4. That the effective date of this exemption shall be July 34 1, 2006. 35 Adoption requires an affirmative vote of three-fourths of the 36 members of the City Council. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the day of , 2006. CA-9958 X:\PA\GG\ORDRES\VA State Crime Clinic ORD R-1 March 22, 2006 APPROVED AS TO LEGAL SUFFICIENCY: \ /gLffl; f. JujiJ, City Attorney' fI Office 2 ( I .....~~ .' .~. ~._~ ~..;tS;:';',1oJ CITY OF VIRGINIA BEACH '---JJ"""""""'",."",.",..",..""""".."."_,,..,..,."".""""~~,~,~,I?~..I!~.~""".."."""",,_,,, ) ITEM: An Ordinance to Designate Young Musicians of Virginia, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 23, 2006 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemption should be denied. Granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $15,308.00; the assessed value of real property for which an exemption is requested is $0.00. The personal property taxes due are $226.56; the real property taxes due are $0.00. The taxes due represent 0.27 percent of the total expenditures of Young Musicians of Virginia, Inc. . Public Information: A public hearing on this matter has been advertised for May 23, 2006. . Attachments: Ordinance Recommended Action: Denial Submitting Department!Agency: City Council City Manager: ~ (. ~1X><z. 1 2 3 4 5 AN ORDINANCE TO DESIGNATE YOUNG MUSICIANS OF VIRGINIA, INC. AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, in accordance with & 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Young Musicians of Virginia, 10 Inc. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Young Musicians of Virginia, Inc. as a charitable 15 organization within the context of & 6(a) (6) of Article X of the 16 Constitution of Virginia. 17 2 . That real and personal property owned by Young Musicians 18 of Virginia, Inc. located within the City of Virginia Beach that is 19 used exclusively for charitable purposes on a nonprofit basis is 20 hereby exempt from local property taxation. 21 3 . This exemption is contingent on the following: 22 (a) continued use of the property by Young Musicians of 23 Virginia, Inc. for exclusively charitable purposes; 24 (b) that each July 1, Young Musicians of Virginia, Inc. 25 shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, 27 or, if no such return is required, it shall certify 28 its continuing tax exempt status to the 29 commissioner of the Revenue; and 30 (c) That every three years, beginning on July 1, 2009, 31 Young Musicians of Virginia, Inc. shall file with 32 the Commissioner of the Revenue an application for 33 continuation of the exemption. 34 4 . That the effective date of this exemption shall be July 35 1, 2006. 36 Adoption requires an affirmative vote of three-fourths of the 37 members of the Ci ty Council. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the day of , 2006. CA-9959 X:\PA\GG\ORDRES\Young Musicians of VA ORD R-1 March 13, 2006 APPROVED AS TO LEGAL SUFFICIENCY: jWu. r K,~fM~ City AttorneY'~Office 2 / ~"-- g2~..;zt ('~..."-~. ....t (..),... . '.- ._;" ..9z) ~~\~: -t,,!;] ~.:. . fo> '(:"~,,.~,,"<'J ~..r " '- CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: A Resolution Expressing Support for Old Dominion University's Opening of a Four-Year Branch Campus at the Virginia Beach Higher Education Center MEETING DATE: May 23, 2006 . Background: On January 11, 2006, Old Dominion University ("ODU") announced plans to open a four-year branch campus at the Virginia Beach Higher Education Center. The campus will have an initial concentration on bachelor's and master's degree programs in health services and education and counseling. The University is preparing a package of materials for review by the State Council of Higher Education for Virginia and has asked the City for a statement regarding the four-year branch campus. . Considerations: Approximately 4500 ODU students live in Virginia Beach, and more than 3500 students take classes at the Virginia Beach Higher Education Center. The presence of a four-year branch campus in Virginia Beach will allow the City's young people an opportunity to earn their degrees here, in their hometown, and it will increase opportunities for adults who seek to further their education, all of which should result in the City having a stronger workforce. . Recommendations: Adoption . Attachments: Resolution Recommended Action: Adopt Resolution Requested by: Mayor Oberndorf, Vice Mayor Jones, and Councilmembers McClanan, Villanueva, and Wilson (ODU Alumni) City Manager: REQUESTED BY MAYOR OBERNDORF, VICE MAYOR JONES, AND COUNCILMEMBERS MCCLANAN, VILLANUEVA, AND WILSON (ODU ALUMNI) 1 2 3 4 5 6 7 A RESOLUTION EXPRESSING SUPPORT FOR OLD DOMINION UNIVERSITY'S OPENING OF A FOUR-YEAR BRANCH CAMPUS AT THE VIRGINIA BEACH HIGHER EDUCATION CENTER WHEREAS, on January 11, 2006, Old Dominion University 8 announced plans to open a four-year branch campus at the Virginia 9 Beach Higher Education Center, concentrating on bachelor's and 10 master's degree programs in health services and education and 11 counseling; 12 WHEREAS, Old Dominion University will open the majority of the 13 programs to five hundred freshman and junior transfer students in 14 fall 2006, with the remaining programs to be initiated the 15 following year with a second cohort of five hundred students; 16 WHEREAS, current senior faculty from Old Dominion's Norfolk 17 campus will be relocated to the higher education center, and 18 additional faculty are being hired to work under their supervision; 19 WHEREAS, approximately 4500 Old Dominion University students 20 live in Virginia Beach, and more than 3500 students take classes at 21 the Virginia Beach Higher Education Center each year; 22 WHEREAS, the taxpayers of Virginia Beach have been subsiding 23 Virginia's public universities since before the City's inception, 24 but until now have been unable to earn a degree at one of those 25 universities without having to commute to another city or town; 26 WHEREAS, the presence of a four-year branch campus will allow 27 Virginia Beach's young people an opportunity to earn their degrees 28 here, in their hometown; and 29 WHEREAS, the presence of the four-year branch campus will 30 increase opportunities for adults who seek to further their 31 education, which will result in the City having a stronger 32 workforce; 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH: 35 That the City Council hereby expresses its full support for 36 Old Dominion University's effort to provide access to education 37 through the expansion of programming at the Virginia Beach Higher 38 Education Center. 39 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY ~~:k City Attorney's-Cffice CA-10036 H:!P&A!OrdRes!ODU Support RES.doc May 16, 2006 R-3 / , '- ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM ./ An Ordinance to Amend Section 9 7-59.2 of the City Code Pertaining to Riding on the Beach and the Boardwalk MEETING DATE: May 23, 2006 . Background: On October 24, 2004, City Council adopted an ordinance which revised City Code S 7-59.2 to expand the definition of various types of motorized vehicles that are prohibited on the beach and the boardwalk. The use of Electric Personal Assistive Mobility Device (EPAMDs) is prohibited under S 7-59.2. At the Resort Advisory Commission (RAC) Transportation, Pedestrian and Parking Subcommittee (TPPC) meeting on March 29, 2006, a local Segway dealer requested a change to the City Code to implement a pilot program offering guided tours on the boardwalk, between the hours of 6 A.M. and 12 noon, utilizing EPAMDs. During the April 6, 2006 meeting of the RAC, RAC again voted to support guided tours using EPAMDs on the boardwalk and to forward the idea to City Council for consideration. · Considerations: The proposed City Code change would allow the City Manager to issue a temporary permit for a pilot program offering guided tours on the boardwalk, between 6 A.M. and 12 noon, utilizing EPAMDs. The specific provisions of the temporary permit will be developed by the City Manager. The code amendment authorizing the temporary permit will expire on September 30, 2006, unless extended by City Council. · Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. . Resort Advisory Commission Recommendation: Adoption Staff Recommendation: Denial . Attachments: Ordinance Submitting Department/Agency: Convention & Visitors Bureau City Manager: 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND SECTION ~ 7-59.2 OF THE CITY CODE PERTAINING TO RIDING ON THE BEACH OR THE BOARDWALK SECTION AMENDED: ~7-59.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section ~7-59.2 of the City Code is hereby amended and 11 reordained to read as follows: 12 13 14 15 Sec. 7-59.2. Regu1ations Pertaining to Riding on the Beach and the Boardwa1k (a) Except as set forth in ~ 7-59.2 (c), it shall be 16 unlawful for any person to ride on the beach or the boardwalk an 17 all-terrain vehicle, a bicycle, electric power-assisted bicycle, 18 electric personal assistive mobility device, electric-powered 19 wheeled device, gas-powered wheeled device, moped, scooter, 20 skateboard or a pedal-powered vehicle that is muscle-powered or 21 any other muscle-powered device. 22 The use of roller blades and roller skates on the (b) 23 boardwalk is permitted. 24 The use of electric personal assistive mobility (c) 25 devices on the boardwalk is permitted pursuant to a temporary. 26 permit authorized by the City Manager. A temporary permit may 27 be issued for a pilot program offering guided tours on the 28 boardwalk, between the hours of 6 A.M. and 12 noon, utilizing, 29 electric personal assistive mobility devices. Specific 30 provisions for the temporary permit will be developed by the 31 City Manager. The provisions of this subsection shall expire on 32 September 30, 2006. 33 Adopted by the City Council of Virginia Beach, Virginia 34 this day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: J.~ [, 'l~m City Attorne1'~ Office CAI0026 GG\Ord&Res\Proposed\EPAMDs.ord R-5 May 10, 2006 2 Ci.t:y" e>f ~:tr~~a ..I:::Seach VBgov.com OFFICE OF THE CITY MANAGER (157) 385-4242 FAX (157)427-5626 TOO (157) 385-4305 MUNIOPAl CENTER BUILDING NUMBER 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 May 18, 2006 The Honorable Mayor and Members of City Council Subject: City Code Section 7.59.2 Dear Councilmembers: I am enclosing a letter from Chief A. M. Jacocks, Jr., voicing his opposition to the proposed amendment of Section 7.59.2 as it relates to riding on the beach and boardwalk for your consideration during your deliberations on this issue. Sincerely, l' JKS:mjw Enclosure Citye>f Virgirl..ia tieach VBgov.com DEPARTMENT OF POLICE OFFICE OF THE CHIEF OF POLICE (757) 385-8451 FAX (757) 427-9163 MUNICIPAL CENTER BUILDING 11 2509 PRINCESS ANNE ROAD VIRGINIA BEACH. VIRGINIA 23456 May 18, 2006 The Honorable Mayor and Members of City Council Subject: City Code Section 7.59.2 This letter is being submitted in opposition to the proposed amendment of Section 7.59.2 of the City Code pertaining to riding on the beach and boardwalk. It is my position that allowing any motorized device, including the Segway, to operate on the boardwalk for guided tours raises numerous public safety issues. Several public safety concerns regarding the suggested amendment to the ordinance exist. The most significant of these issues are: 1. Allowing the Segway to utilize the boardwalk for guided tours simrificantlv increases the risk factors associated with personal injury to pedestrians. 2. Segway provides the following warning on its website concerning operation of this device: a. "RISK OF DEATH OR SERIOUS INJURY" L "Whenever you ride the Segway HT, you risk death or serious injury from loss of control, collisions, and falls. To reduce risk of injury, you must read and follow all instructions and warnings in the Riders' Guide for your Segway HT model and you must watch the Safety Video." b. The company's website continues with a notice of "the risk of injury." This notice states, "The Segway HT is a self-balancing human transporter that uses patented balancing technology. Balancing technology cannot prevent injury if you do not ride the Segway HT safely. Whenever you ride the Segway HT, you risk injury from loss of control, collisions, and falls. It is your responsibility to learn how to safely ride the Segway HT in order to reduce this risk." c. The manual continues to discuss safety risk by describing the "first ride:" The Honorable Mayor and Members of City Council Subject: City Code Section 7.59.2 May 18, 2006 Page Two 1. "Select an appropriate area for your first ride. This may be an indoor or outdoor area and should measure at least 12 feet by 12 feet (4 meters by 4 meters) with no obstructions and a level, smooth riding surface with good traction, awav from vehicles, bicycles, pets, small children. and other distractions. " d. The manual continues by describing conditions of a "practice ride:" i. "Before you attempt riding in the real world, you must practice. At first, you should always use the Beginner Key and ride in areas free from obstacles and distractions. You should practice with the Beginner Key until you can step on, ride forward and backward, turn, and stop with the same precision as you walk. The more you practice riding, the safer you will be when you move out into the real world." 11. "Until you can ride with this precision, you should not attempt to ride in any area where you might encounter children, pedestrians, pets, vehicles, bicycles, or other obstacles and potential hazards, and you should use only the Beginner Key. Once you are able to ride using the Beginner Key with the same precision as you walk, you can try the other Keys." e. Clearly the boardwalk is not a desirable location for either first rides or practices rides based on the manufactures safety notices in the devices manual. f. The advertised risk only increases my concerns regarding the potential for considerable personal injury. This risk is amplified by the operation of the device by novice riders, as would be the case of the guided tours. 3. The speed capabilities and dimensions of the Segway, including the weight, width, and height, present significant safety concerns that are not currently an issue with other authorized activities on the boardwalk. 4. Amending this ordinance to allow Segway to operate on the boardwalk will inevitably lead to additional requests from multiple vendors or competitors for fair access to the same area, thus further increasing the risk to the public. 5. Public safety experience, public concerns, and past public criticism regarding boardwalk issues and enforcement of laws in that area highlight many other critical issues that must to be considered prior to amendment of this ordinance: The Honorable Mayor and Members of City Council Subject: City Code Section 7.59.2 May 18, 2006 Page Three a. Potential for increased collisions with pedestrians, or between Segway users. This is especially important when operating in limited space, such as the boardwalk. b. Pedestrian visitors to our boardwalk might be threatened and feel uncomfortable with these devices being operated in that area, which may discourage walking and pedestrian use of the boardwalk. This could also increase parental concerns for the safety of children on the boardwalk when these devices are being operated. c. Competition for already limited space on the boardwalk. d. Allowing the operation of this device sets a precedent for other motorized vehicles, such as scooters, which may be even less appropriate to use on the boardwalk. e. Creation of a potential perception of inequitable enforcement by allowing these motorized devices to operate on the boardwalk while restricting the use of and charging operators of none motorized devices, such as bicycles, using the same public space. Conclusion Clearly, various public safety issues and concerns related to the amendment of this ordinance must be considered. After having considered several of these issues, I respectfully recommend that this exception be denied as I believe it would negatively impact public safety and equitable enforcement by our law enforcement professionals. Respectfully, ~~ A. M. acocks, Jr. Chief of Police AMJjr:aje / ~~" 4~-'~~. -s: ..."~~~,,, f.N~~.'. ~-."".'~ ~(j:' 'c., U~ (<\~ ',::;1 ~\:...".:.. ~"~~~.,,,,'J .~.r , \.. CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance to Amend the City Code Pertaining to Use of Tow Truck Service to Enforce Parking Restrictions on Private Property MEETING DATE: May 23, 2006 . Background: Legislation recently signed into law by the Governor enables City Council, by ordinance, to enhance its regulation of nonconsensual tows from private property. The City Attorney's Office prepared the attached ordinance that incorporates provisions of the legislation, and City Council was briefed on its provisions on April 4, 2006. On that date, City Council referred the ordinance to the City's Towing Advisory Board. The Towing Advisory Board met on April 18, and a summary of their recommendations is attached. . Considerations: The provisions of this ordinance will become effective upon adoption, with the exception of Section 21-422.1. This section, which requires written authorization of the property owner or agent prior to a tow from private property, is based on the new state law, which does not go into effect until July 1, 2006. Accordingly, the addition of that section to the City Code will be effective on July 1, 2006. . Public Information: Public information will be handled through the normal Council agenda process. . Attachments: Letter from the City Manager, Report of the Towing Advisory Board, and Ordinance. Recommended Action: Adoption City Manager: ~ - L.~ D<'1'z... City e>f "Virgi:n..ia l:=:Seach VBgov.com OFFICE OF THE CITY MANAGER (757) 385-4242 FAX (757) 385-5626 TDD (757) 385-4305 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRNE VIRGINIA BEACH, VA 23456-9001 May 19, 2006 The Honorable Meyera E. Oberndori, Mayor Members of City Council Subject: Towing Advisory Board Meeting and Recommendations Dear Council Members: As you requested, the Towing Advisory Board met April 18, 2006 to discuss the report and recommendations made by the City Attorney to you on April 4, 2006. I have attached a copy of the report prepared by the Towing Advisory Board. In this report, they suggested some modifications to the recommendations offered by the City Attorney. The Towing Advisory Board proposed a new permit program whereby property owners would register and pay a permit fee so they would not have to be on site to authorize tows. City staff has reviewed this suggestion and has indicated the permit fees needed to make this program cost neutral may also discourage people from using it. There may also be concerns related to city liability in a permit program of this type. Therefore, it is recommended that you consider adoption of the original ordinance offered by the City Attorney without the suggested permit program. Another issue highlighted by the Towing Advisory Board concerned the rates allowed for tows. The Towing Advisory Board cites the increase in business expenses (Le. fuel, insurance, labor rates, etc.) to justify a rate increase. A comparison of neighboring cities indicates that beginning July 1 S\ Virginia Beach will have the lowest tow rate in Tidewater. Staff recommends maintaining the rate at a level somewhat below or comparable to surrounding cities and feels that at least some increase is warranted due to the rising cost of fuel and other business expenses. Your guidance on this issue would be appreciated. Sincerely, ~ : s:re ~=ager JKS/CRW lOBS Enclosure The Towing Advisory Board met on April 18, 2006 to review and discuss the report and recommendations made by the City Attorney to City Council on April 4. Discussion by the Board mostly centered on the proposed city position that would be involved with tow concerns. The other main portion of the meeting was an energetic discussion concerning the tow rates. The Towing Advisory Board concurs with the recommendation made by the City Attorney to City Council concerning a position to address towing issues. The report submitted to City Council by the City Attorney recommended the creation of a Towing Ambassador to serve as a liaison between the property owner, tow operator, and individuals which had had their vehicles towed and felt it was done improperly or illegally. The Towing Advisory Board supports this notion as long as this program could be cost neutral to the City. This same concept was recommended to City Council in November 2005 with the exception the Towing Advisory Board suggested the use of a volunteer to perform this function. Another option offered earlier by the Towing Advisory Board was a part-time position since there was a feeling that this might not require a full time employee. The proposed ordinance will make it mandatory for a representative (non - tow operator) of the property owner be on site and authorize each tow. Sec. 11-411.1 Written authorization required "No tow truck service or operator shall remove any trespassing vehicle from private property without first obtaining, at the time the vehicle is towed, specific written authorization of the owner of the property from which the vehicle is towed, or the owner's agent. Such written authorization shall identify the vehicle to be towed and shall be in addition to any written contract between the tow truck service and the owner of the property or his agent. For purposes of this subsection, "agent" shall not include any person who either (i) is related by blood or marriage to the tow truck service or operator or (ii) has a financial interest in the tow truck service's business. " This amendment requires tow truck services to obtain specific written authorization ofthe property owner or agent before towing a trespassing vehicle from the property. This written authorization will identify the specific vehicle to be towed. This provision should curtail the practice of "predatory cruising" by tow truck operators. Additionally, if the property owner's agent is related to the tow truck service or operator or has a financial interest in the tow truck service's business, the agent is not permitted to authorize towing from the property. An alternative proposed by the Board would be for the City to establish a program where a permit would be acquired by the property owner from the City which would indicate the lot met all the requirements for vehicles to be towed and would not require an agent to be present if the vehicles are towed. This would require one FTE to pro actively monitor those lots participating as well as serve as a point of contact in the event there were discrepancies for tows. In conjunction, a more formal complaint process would be instituted and this staff person would be responsible for addressing issues arising from them. Another function of this position would be to either help the person initiate legal action or start legal action on behalf of the individual. The City Attorney's Office has indicated they would be willing to be more involved in any required prosecution. An advantage to this option would be that if there were persistent problems with a parking lot or its tow company, the permit could be revoked until the corrective actions were taken or the property owner would have to have an agent on site. This program would be supported by permit fees. It is unclear the number of businesses that may participate in this option and fees would need to be established accordingly. Again, it was the desire of the Towing Advisory Board that this program only be in place if it maintained a cost-neutral operation. Therefore, the following information may be beneficial for consideration. This position would probably be on pay range 11 or 12. The starting salary would be $22,796 or $23,950 respectively. Fringe benefits would add approximately $11,145 to $11,452 (includes health insurance). In addition to salary, a vehicle may need to be acquired (approximately $18,000) along with the operational and maintenance costs. There would also be miscellaneous office supplies and equipment (telephone, computer, etc.) needed at a projected cost of $7,000 per year. This would equate to program costs estimated close to $60,400 annually. With this information as a basis, the fee to have a cost neutral program would need to be derived accordingly. Number of Annual Rate Participants Revenue Required $ 50 I 1208 $ 60,400 I $ 100 I 604 $ 60,400 I $ 150 I 403 $ 60,450 I $ 175 I 345 $ 60,375 I $ 200 I 302 $ 60,400 I Caution was raised by the Towing Advisory Board that if the permit fee was too high, the participation would be limited. The process for the program would operate as shown on the attachment. In conjunction with the permit program, the Board recommended that the tow rate be adjusted. The rate suggested would be an increase from $85 per regular tow to $125. This was due to the increasing cost of doing business (the Towing Advisory Board felt the past information (operational costs, fuel, etc) shared with City Council supported this 2 recommendation, along with the belief and understanding that the Towing Advisory Board would have met the objectives originally outlined upon the new Boards appointments. The following matrix is a comparison of the neighboring cities tow rates. Tow Rate Comparison (4/29/2006) City basic tow rate oversized storage (after other considerations day/night vehicles first 24 hours) $85/$95 (defaults to Municipal ordin~ce Chesapeake State Code 46.2- $20 does not regulate tow 1233.1 **) fee. $85/$95 for police Allows fees for police Hampton $85/95 for IP (which $25 tows for wait time, defaults to state dollies & difficult code**) recovenes $130, 150,305 for $20 of fee on police Newport News police tows; $120, 140, $140-$285 $28 ($45 for tows forwarded to PD 285 for IP tows. Cost oversized) for admin costs; $45 varies with weight. allowed for dollies Norfolk $105 $150-$285 $20 ($40 for $40 admin fee after 24 oversized) hours $50/$55 for police An administrative fee ($50 to 100) is added to tows; $85/95 for IP (as Portsmouth* defaults to state $10 city tows taken to city code**) compound; $20 for dolly use Suffolk $85/$95 (defaults to $10 ($20 for state code* *) heavy vehicles) Additional charge for Virginia Beach $85 $285 $20 difficult police recovenes * Portsmouth City Council has passed an ordinance increasing the rates for Police directed tows to $105 tow and $20 storage, effective 7/112006. ** State Code changes the rate from $85 to $125, July 1,2006. 3 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO USE OF TOW TRUCK SERVICE TO ENFORCE PARKING 3 RESTRICTIONS ON PRIVATE PROPERTY 4 SECTIONS AMENDED: ~~ 21-422, -426, and -429 5 SECTION ADDED: ~ 21-422.1 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 21-422, -425, -426, and -429 of the City Code 9 are hereby amended and reordained, and section 21-422.1 is hereby 10 added, to read as follows: 11 Sec. 21-419. Definitions. 12 Unless a different meaning is required by the context, the 13 following terms, as used in this division, shall have the meaning 14 hereinafter respectively ascribed to them: 15 Custodian means any person who is in possession and control of 16 a vehicle whether or not such person is the registered owner of the 17 vehicle. A person who is in possession of the ignition key to a 18 vehicle, and who is also in possession of a valid driver's license, 19 shall be deemed to be the "custodian" of such vehicle. 20 Decal-controlled parking area means a parking area in which 21 parking is limited to vehicles on which a decal, sign, placard or 22 similar authorization issued by the owner, lessee or agent of the 23 parking area is conspicuously displayed. 24 Operator means any person operating a tow truck for a tow 25 truck service. 26 Tow truck service means a person engaged in any business which 27 provides the services of one or more tow trucks for hire or use to 28 tow, transport or move motor vehicles on or from public streets or 29 on or from private property by way of public streets. 30 Tow truck service storage yard means any property, including 31 the premises of any service station, upon which vehicles are stored 32 that have been towed from privately owned lots or property at the 33 request of the owner, lessee or agent of such lot or property and 34 without the consent of the owner of the vehicle towed. 35 Sec. 21-420. Applicability of division. 36 The provisions of this division shall apply only to tow 37 services which tow vehicles on or from privately owned lots or 38 property, at the request of the owner of such lot or property and '39 without the consent of the owner of the vehicle towed. 40 Sec. 21-421. Violations of division. 41 (a) It shall be unlawful for any person to violate or refuse, 42 fail or neglect to comply with any of the provisions of this 43 division. Each day that a continuing violation of the provisions of 44 any section of this division occurs shall constitute a separate 45 violation. 46 (b) Any person violating any provision of this division shall 47 be guilty of a Class 1 misdemeanor. 48 Sec. 21-422. Signs required on property. 49 (a) Each owner of private property having parking facilities 50 accessible to the public, and offering parking to its customers, 2 51 clientele, residents, lessees or guests, who intends to enforce 52 parking restrictions by the use of a tow truck service, shall post, 53 at each point of ingress and egress to the parking area, clearly 54 legible signs, visible and unobstructed day and night upon entering 55 the parking area, that contains the following wording and sets 56 forth the hours of enforcement: 57 PRIVATE PARKING 58 NAME OF BUSINESS 59 RESIDENTS/CUSTOMERS/CLIENTELE/ 60 LESSEES/GUESTS ONLY 61 TOWING ENFORCED 62 HOURS OF ENFORCEMENT 63 Unauthorized cars towed at owner's expense: $ day or night. 64 Call (telephone number of tow truck service) for location and 65 information concerning return of car if towed . With respect to 66 retail establishments, this sign shall also contain the wording 67 "WHILE ON THE PREMISES" following the wording "CUSTOMERS ONLY." 68 Finally, this sign or an accompanying sign shall indicate whether 69 the parking area is decal-controlled and shall contain the name and 70 telephone number of any contracted towing service. 71 (b) The signs required by this section shall be at least 72 thirty-six (36) inches in width and thirty (30) inches in height. 73 Lettering for the capitalized words shall be at least three (3) 74 inches in height and, for all other lines, at least one and one- 3 75 half (1 1/2) inches in height. The face of the sign shall be 76 composed of an engineering grade reflectorized sheeting or like 77 material. The name of the business may be on a separate sign, but 78 must be adjacent to the primary sign containing the information 79 required by this section. The provisions of subsection (a) above 80 shall be applicable to any parking area located on private property 81 including parking areas of apartment houses, condominiums and 82 nonprofit organizations. 83 (c) In addition to the provisions of subsections (a) and (b) 84 above, if towing is enforced twenty-four (24) hours a day, the sign 85 or signs required by this section shall include the wording "TOWING 86 ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three 87 (3) inches in height. In the alternative, an accompanying sign 88 containing this wording in letters of the same height may be placed 89 adjacent to each sign required by subsection (a) above. 90 (d) Vehicles may be towed from designated fire lanes approved 91 by the fire department on private parking areas open to the public 92 on which are posted signs as required by subsection (a) above, 93 provided that such fire lanes are properly marked, including the 94 posting of above grade signs stating FIRE LANE-TOWING ENFORCED. 95 (e) It shall be unlawful for any tow truck service or 96 operator to tow or otherwise move a vehicle from any privately 97 owned land or property wi thin the city, unless such land or 98 property is properly signed in accordance with this section. 4 99 (f) An owner or operator of private property who enforces 100 parking restrictions on the property by use of a tow truck service 101 shall offer a copy of the survey and comment form developed by the 102 Towing Advisory Board to anyone who contacts the owner, operator, 103 or any employee or representative of the owner or operator, 104 regarding a vehicle that has been towed or released after hookup 105 from the owner's property. 106 CO~NT 1 0 7 This amendment requires businesses to offer a towing survey and comment form to anyone who 108 contacts the business regarding a vehicle that was towed or released after hookup from the business's 1 0 9 parking lot or area. 110 111 Sec. 21-422.1 Written authorization required. 112 No tow truck service or operator shall remove any trespassing 113 vehicle from private property without first obtaining, at the time 114 the vehicle is towed, specific written authorization of the owner 115 of the property from which the vehicle is towed, or the owner's 116 agent. Such written authorization shall identify the vehicle to be 117 towed and shall be in addition to any written contract between the 118 tow truck service and the owner of the property or his agent. For 119 purposes of this subsection, "agent" shall not include any person 120 who either (i) is related by blood or marriage to the tow truck 121 service or operator or (ii) has a financial interest in the tow 122 truck service's business. 123 5 124 125 126 127 128 129 130 131 132 133 134 135 COMMENT This amendment requires tow truck services to obtain specific written authorization of the property owner or agent before towing a trespassing vehicle from the property. This written authorization will identify the specific vehicle to be towed. This provision should curtail the practice of "predatory cruising" by tow truck operators. Additionally, if the property owner's agent is related to the tow truck service or operator or has a financial interest in the tow truck service's business, the agent is not permitted to authorize towing from the property. Sec. 21-423. Business license requirements; identification of tow trucks. (a) No tow truck service or operator shall remove any vehicle 136 from public or private property unless the tow truck service 137 possesses a valid business license issued in accordance with 138 Chapter 18 of this Code. 139 (b) All tow trucks operated by a tow truck service shall 140 display the name, address and telephone number of the owner thereof 141 on both sides of the tow truck on permanently mounted signs or 142 painted directly on the body of the truck in reflectorized letters 143 large enough to be readily legible, but in no case less than two 144 (2) inches in height. It shall be unlawful to operate a tow truck 145 displaying an incorrect name or address, or a telephone number 146 147 148 149 150 151 152 153 which is incorrect or not in service. Sec. 21-424. Release of vehicle to owner or custodian prior to towing. (a) If the owner or custodian of any vehicle not authorized to be parked in a private parking area returns after a tow truck service has arrived but before the vehicle has been towed from the private parking area, he may reclaim the vehicle whether or not it 6 154 is fully hooked up to the tow truck, and it shall be unlawful for 155 the tow truck service or operator to refuse to release the vehicle. 156 However, if the vehicle has been hooked up, or is in the process of 157 being hooked up, the tow truck operator may charge a drop fee not 158 to exceed twenty-five dollars ($25.00) before releasing the vehicle 159 or discontinuing the towing process. The process of hooking up 160 shall be defined as (i) the removal and/or unreeling of any towing 161 equipment from the tow truck after the truck is positioned to 162 effect the tow, whether or not the equipment has been attached to 163 the vehicle, or (ii) the lowering of a hydraulically-operated lift 164 in preparation for loading the vehicle. 165 (b) If the owner or custodian is unable or refuses to pay the 166 fee set forth in subsection (a) above, the vehicle may be towed and 167 the tow truck service may charge its basic fee for the tow. 168 Whenever a vehicle is towed under these circumstances, the tow 169 truck operator shall permit the owner or custodian to remove 170 personal items from the vehicle prior to the tow. 171 (c) No tow truck operator shall request payment of the fee 172 set forth in subsection (a) above or tow any vehicle thereafter if 173 the charge is not paid unless he shall first provide to the owner 174 or custodian of the vehicle a copy of this section. The tow truck 175 operator, upon receiving such payment, shall provide to the owner 176 or custodian a legible receipt containing the name of the towing 177 service, the date, time and place of vehicle release, and the name 7 178 of the tow truck operator. A copy of the receipt shall be retained 179 by the tow truck service for a period of one (1) year and shall be 180 made available for inspection by city police or the commissioner of 181 the revenue during the normal business hours of the tow truck 182 service. 183 (d) Notwithstanding any provision of this section to the 184 contrary, if a police officer determines that a vehicle is needed 185 as evidence in a criminal matter, or concludes that, based upon 186 surrounding circumstances, the failure to release a vehicle is 187 likely to result in a disturbance of the public peace and good 188 order, such officer may order release of the vehicle without 189 immediate payment by the owner or custodian thereof of the fee set 190 forth in subsection (a) above; provided, however, that nothing 191 herein shall preclude a tow truck service or operator from civilly 192 pursuing payment of such fee at a later date from the owner or 193 custodian of the vehicle, or from the owner, lessee or agent of the 194 parking area. 195 Sec. 21-425. P~~~ee Public Infor.mation Office to be notified of 196 removaloEvehicle. 197 198 (a) At the time of removal of any vehicle by a tow truck 199 service operator, or no later than thirty (30) minutes thereafter, 200 the ~~~~&&-=~=~~~&&er City's Public Information Office shall be 201 notified of such removal, specifying the location of the storage 202 yard to which the vehicle will be towed and the telephone number 8 203 which the owner should call to reclaim the vehicle. The ~~~~~? 204 €~=~~~~~~~ Public Information Office shall be given the license 205 number and state of issuance of the license and, if known, the 206 vehicle identification number and the make, model, and year of the 207 vehicle towed or to be towed. 208 (b) If notified by the '~~=~'::::'af1.e.r. Public Information Office 209 or any law enforcement officer that the vehicle is subject to 210 seizure by law enforcement authorities for evidentiary purposes, 211 the tow truck operator or towing service shall forthwith relinquish 212 the vehicle to such authorities and shall not be entitled to 213 214 215 216 217 218 219 220 221 222 223 224 recover any costs or fees. COMMENT Tow companies no longer contact the Police Department regarding vehicles towed but instead contact the City's Public Information Office. This amendment reflects that change in procedure. Sec. 21-426. receipt required. Charges for towing and storage of vehicle; (a) No tow truck service or operator operating within the city shall, at any time, charge a basic towing fee greater than the fees set forth below: TABLE INSET: Gross weight of vehicle 11,000 pounds or less 11,001 pounds or more I Maximum fee 1$85.00 1285.00 225 The basic fee shall be inclusive of any additional towing services 226 such as the use of a dolly. This subsection shall apply only when a 9 227 vehicle is moved or towed without the prior consent and agreement 228 of the owner or custodian of the vehicle. 229 (b) No tow truck service or operator shall assess any charges 230 for storage for the initial twenty-four (24) hours, nor charge more 231 than twenty dollars ($20.00) per twenty-four-hour period 232 thereafter, for any vehicle with a gross weight of 11,000 pounds or 233 less removed from private property without the consent of the owner 234 or custodian of the vehicle, whether such tow originates in this 235 city or any other jurisdiction. For vehicles with a gross weight of 236 more than 11,000 pounds, a storage fee not to exceed twenty dollars 237 ($20.00) per twenty-four-hour period may be assessed after the 238 first twenty-four (24) hours. Delays caused by storage yard 239 personnel shall not be included when computing storage charges. 240 (c) If any vehicle is not redeemed within seven (7) days 241 after it is towed, the tow truck service shall be entitled to 242 recover an additional fee, not to exceed fifty dollars ($50.00), as 243 payment for the cost of any search conducted to determine the 244 registered owner and lien holder, if any, of the vehicle. 245 (d) No tow truck service or operator shall charge any fee for 246 mileage, or any other fee in addition to the basic towing fee set 247 forth in subsection (a) above. In order to ensure that no tow 248 truck service or operator collects more than the fees authorized b~ 249 this section, tow truck services and operators shall provide change 10 250 for cash payments made by any person whose vehicle has been towed 251 or released after hook up. 252 (e) A monetary receipt for each and every fee collected must 253 be given to those persons whose vehicles have been towed by a tow 254 truck service, or released after hook up, upon release of the 255 vehicle. The information on the receipt must be clearly legible and 256 include the time, date and place of the tow, the name of the tow 257 truck operator who made the tow, and the name of the tow truck 258 service for which said operator works. The receipt must also list 259 the amount of money paid for the release of the vehicle, any 260 additional charges incurred in the tow, and the reason for said 261 additional charges. The following shall be printed conspicuously on 262 every receipt: "NOTICE: Virginia Beach City Code ~ 21-426(f) 263 requires the tow company to offer you a Survey and Comment Form 264 wi th this receipt." A copy of the receipt must be retained by the 265 tow truck service for a period of one (1) year and shall be made 266 available for inspection by city police or the commissioner of the 267 revenue during normal business hours of the tow truck service 268 owner. 269 (f) A survey and comment form, developed by the Towing 270 Advisory Board, shall be offered to those persons whose vehicles 271 have been towed by a tow truck service, or released after hookup, 272 upon release of the vehicle. 273 11 274 CO~ENT 27 5 This amendment requires tow truck services and operators to provide change for cash 2 7 6 payments. 277 278 Sec. 21-427. Requirements for storage yard. 279 (a) At the storage yard of each tow truck service, there 280 shall be a sign prominently displayed specifying tow and storage 281 rates. 282 (b) If an attendant is not on duty twenty-four (24) hours a 283 day, seven (7) days a week, to return vehicles upon the payment of 284 towing and storage charges, the sign provided for in subsection (a) 285 hereof shall also contain a telephone number where the owner, 286 manager or attendant of the tow truck service storage yard may be 287 reached at any time so that a towed vehicle may be reclaimed by its 288 owner in a minimum amount of time, not to exceed two (2) hours. 289 (c) Each tow truck service storage yard shall provide 290 reasonable security and protection for all vehicles towed, whether 291 such tow originates in this city or any other jurisdiction, 292 including illumination of the storage area during hours of 293 darkness, and including a fence enclosing the storage yard if an 294 attendant or security guard is not on duty twenty-four (24) hours a 295 day, seven (7) days a week. 296 (d) During the hours of darkness, the operator shall provide 297 an area sufficiently illuminated to enable an owner to inspect a 298 vehicle prior to removing it from the storage yard. 12 299 (e) It shall be unlawful to operate any tow truck service 300 storage yard or to deposit, impound or store any towed vehicle 301 herein, unless said yard is in full compliance with the sign, 302 security and lighting requirements of this section and with all 303 applicable zoning regulations, licensing requirements and use 304 permits, established by this Code. 305 Sec. 21-428. Tow truck service operator's log. 306 Tow trucks service operators shall, within thirty (30) minutes 307 of vehicle hook up, complete a record of the make, model, year and 308 vehicle identification number, if known, of the vehicle, its 309 license number and state of issuance, the time, date and place of 310 removal, the name of the tow truck operator who made the tow and, 311 for each entry of tow, the signature of the owner of the private 312 lot, or his representative, requesting and authorizing the tow 313 shall be required. A letter of authorization from the owner of the 314 private lot or his representative, when carried in the tow truck 315 making the tow, shall be sufficient to meet this latter 316 requirement. Such record shall be retained by the tow truck service 317 for not less than one (1) year, and shall be available for 318 inspection by city police during normal business hours of the tow 319 truck service owner, including any time that a vehicle is being 320 impounded or reclaimed. Failure to keep and retain such a record, 321 or omitting to make a true and complete entry for each vehicle 13 322 towed, or failure to surrender such record to any police officer 323 upon request shall be unlawful. 324 Sec. 21-429. Miscellaneous prohibited acts by tow truck service or 325 operator. 326 327 Except when acting as an agent in the legal repossession of a 328 vehicle, it shall be unlawful for any tow truck service or operator 329 to: 330 (1) Tow or otherwise move a vehicle from any area or portion 331 of a public street without either the consent of the owner or 332 custodian of the vehicle or authorization from a police officer or 333 other designated official of the city. 334 (2) Block the movement of or tow or otherwise move a vehicle 335 from any private road, driveway or any other privately owned land 336 or property within the city without the consent of the owner or 337 custodian thereof, unless: 338 (i) The vehicle is parked in a designated parking space 339 of a decal-controlled parking area and is not 340 displaying a decal or other form of authorization 341 issued by the owner, lessee or agent of such 342 parking area; 343 (ii) The vehicle is parked in a designated parking space 344 of a non-decal-controlled parking area during any 345 period when the business (es) serviced by the 346 parking is (are) open, and the tow truck operator 14 347 obtains the written consent of the owner, lessee or 348 agent of such parking area prior to towing the 349 vehicle; or 350 (iii)The vehicle is parked in a non-decal-controlled 351 parking area during any period when the 352 business (es) serviced by the parking area is (are) 353 closed, and towing is enforced twenty four (24) 354 hours a day by such business(es); or 355 (iv) The vehicle is parked on any portion of a parking 356 area in such manner as to block ingress or egress 357 to the parking area, or to block access to a 358 dumpster or properly marked service or delivery 359 area, or is otherwise parked in a portion of the 360 parking area that is not specifically designated, 361 by lines, curbs or similar markings, as an area for 362 the parking of vehicles. 363 No vehicle shall be towed pursuant to subsections (i) (ii), 364 (iii), or (iv) unless there is a written contract between the tow 365 truck service and the owner, lessee or agent of the parking area to 366 remove all unauthorized vehicles from the parking area, the tow 367 truck operator has a copy of such contract in his or her 368 possession, and the owner, lessee or agent has complied with all of 369 the signage requirements set forth in section 21-422. 15 370 (3) Tow or otherwise move a vehicle from any private road or 371 driveway, or from any other privately owned land or property within 372 the city to a place out of the city without the consent of the 373 owner or custodian of the vehicle; provided that, after a period of 374 not less than twenty-four (24) hours following the initial towing 375 of a vehicle, as recorded in the police dispatcher's log, any such 376 vehicle may be moved to a storage area located outside of the city, 377 with prior notification to and approval of the police department. 378 Notwithstanding the above, if a tow truck service or operator owns 379 or leases a storage area located outside of the city, and such 380 storage area is closer to the location from which a vehicle is 381 towed than the closest in-city storage area owned or leased by the 382 tow truck service or operator, such vehicle may be initially towed 383 to the storage area located outside of the city, provided the tow 384 truck service or operator is authorized to do business in both 385 cities, charges a fee not greater than that fee authorized in 386 Virginia Beach and invoices the tow in Virginia Beach. 387 (4) Block any vehicle, other than when on the property of the 388 tow truck service, to prevent the movement thereof by its owner or 389 custodian who has appeared prior to the vehicle being hooked up and 390 desires to move the vehicle. 391 (5) Wait for employment by standing or parking on public 392 property. 16 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 (6) Drive a tow truck or wrecker along any street to solicit towing. (7) Tow or otherwise move a vehicle from any place in the city utilizing a wrecker or tow truck which is not insured as required by section 18-55.1 of this Code. (8) Provide false information to any police dispatcher concerning any vehicle towed. (9) Require the owner of any towed vehicle to wait for a period exceeding two (2) hours for release of a vehicle. Any delay over two (2) hours caused by failure to monitor or respond to calls placed to the operator's designated telephone number shall constitute a violation of this section. (10) Move any vehicle to any intermediate place of storage, or to any location other than to the registered secure storage yard of a tow truck service, unless specifically requested by the owner or custodian of said vehicle. (11) During the initial twenty-four (24) hours after the vehicle is towed and upon request by any owner or custodian of a currently licensed vehicle, deny or prevent access to said vehicle for the purpose of removing personal items, whether or not the owner or custodian is then able to reclaim the vehicle. After the initial twenty-four (24) hours has expired and upon the request by any owner or custodian of a currently licensed vehicle, no tow truck service or operator shall refuse to allow such owner or 17 417 custodian access to such vehicle once per day between the hours of 418 8:00 a.m. and 5:00 p.m. 419 (12) Assess or collects any charge or fee in excess of, or in 420 addition to, the charges and fees authorized by this division. 421 (13) Fail to provide a monetary receipt, for each and every 422 fee collected, containing the notice provision outlined in section 423 21-426 (e) . 424 (14) Fail to make the survey and comment form developed by the 425 Towing Advisory Board available when the vehicle is retrieved. 426 CO~ENT 42 7 This amendment prohibits a tow truck service or operator from collecting more than the fees 428 authorized by this City Code division. 429 430 BE IT FURTHER ORDAINED that this ordinance shall become 431 effective on the date of adoption, with the exception of Section 432 21-422.1, which shall become effective on July 1, 2006. 433 434 COMMENT 435 A change to state law allows the City to enact Section 21-422.1, which requires written 436 authorization of the property owner or agent prior to a tow from private property. The state law, 437 however, does not go into effect until July 1, 2006. Accordingly, the addition ofthat section to the City 4 38 Code will be effective on July 1, 2006. All other provisions of this ordinance will be effective upon 4 3 9 adoption. 440 441 Adopted by the City Council of the City of Virginia Beach, 442 Virginia, on this day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ;e~k-- City Attorney's-Office 18 CA9917 H:\PA\GG\OrdRes\Proposed\Tow Truck Service ORD v2 R-7 May 18, 2006 19 / '- r~0 ,{.s.2~~~, rllt~lt>':- ~'r.9.) ~:.' . -~ _:~~ (~\:~. 'jif '-?..:.... ......Ej ~# CITY OF VIRGINIA BEACH AGENDA ITEM , ,/ ITEM: An Ordinance to Amend the City Code Pertaining to Charges for Towing MEETING DATE: May 23, 2006 . Background: The City Code currently provides that the maximum basic towing fee that may be charged for nonconsensual tows is $85. This amount was set by Council in May 2004. The Towing Advisory Board has requested that the rate be increased to $125, due to the increasing cost of doing business, including operational costs and fuel. . Considerations: A change in state law will raise the fee for tows not regulated by local ordinances from $85 to $125, effective July 1. The rates in Chesapeake, Suffolk, and Hampton track the state code, so rates in those cities will increase to $125 on July 1. Portsmouth recently increased rates to $105, effective July 1. Norfolk's rate is $105, and Newport News' rates are tiered, ranging from $120 to $305, depending upon the type of tow. City staff believes an increase of some amount is warranted. The attached ordinance leaves the amount of the increase blank, so as to permit Council to determine the appropriate amount of the increase. If Council reaches a consensus on the amount of the increase, that amount will be added to the ordinance prior to adoption. . Public Information: Public information will be handled through the normal Council agenda process. . Attachments: Ordinance. Recommended Action: Adoption City Manager~~ \(, '&S~ 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO CHARGES FOR TOWING 3 SECTION AMENDED: ~~ 21-426 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That Section 21-426 is hereby amended and reordained, to read 7 as follows: 8 Sec. 21-426. Charges for towing and storage of vehicle; receipt 9 required. 10 11 (a) No tow truck service or operator operating within the 12 city shall, at any time, charge a basic towing fee greater than the 13 fees set forth below: 14 TABLE INSET: Gross weight of vehicle 11,000 pounds or less 111,001 pounds or more I Maximum fee 1$ 1$285.00 15 The basic fee shall be inclusive of any additional towing services 16 such as the use of a dolly. This subsection shall apply only when a 17 vehicle is moved or towed without the prior consent and agreement 18 of the owner or custodian of the vehicle. 19 (b) No tow truck service or operator shall assess any charges 20 for storage for the initial twenty-four (24) hours, nor charge more 21 than twenty dollars ($20.00) per twenty-four-hour period 22 thereafter, for any vehicle with a gross weight of 11,000 pounds or 23 less removed from private property without the consent of the owner 24 or custodian of the vehicle, whether such tow originates in this 25 city or any other jurisdiction. For vehicles with a gross weight of 26 more than 11,000 pounds, a storage fee not to exceed twenty dollars 27 ($20.00) per twenty-four-hour period may be assessed after the 28 first twenty-four (24) hours. Delays caused by storage yard 29 personnel shall not be included when computing storage charges. 30 (c) If any vehicle is not redeemed within seven (7) days 31 after it is towed, the tow truck service shall be entitled to 32 recover an additional fee, not to exceed fifty dollars ($50.00), as 33 payment for the cost of any search conducted to determine the 34 registered owner and lien holder, if any, of the vehicle. 35 (d) No tow truck service or operator shall charge any fee for 36 mileage, or any other fee in addition to the basic towing fee set 37 forth in subsection (a) above. 38 (e) A monetary receipt for each and every fee collected must 39 be given to those persons whose vehicles have been towed by a tow 40 truck service, or released after hook up, upon release of the 41 vehicle. The information on the receipt must be clearly legible and 42 include the time, date and place of the tow, the name of the tow 43 truck operator who made the tow, and the name of the tow truck 44 service for which said operator works. The receipt must also list 45 the amount of money paid for the release of the vehicle, any 46 additional charges incurred in the tow, and the reason for said 47 additional charges. The following shall be printed conspicuously on 48 every receipt: "NOTICE: Virginia Beach City Code ~ 21-426 (f) 49 requires the tow company to offer you a Survey and Comment Form 2 50 with this receipt." A copy of the receipt must be retained by the 51 tow truck service for a period of one (1) year and shall be made 52 available for inspection by city police or the commissioner of the 53 revenue during normal business hours of the tow truck service 54 owner. 55 (f) A survey and comment form, developed by the Towing 56 Advisory Board, shall be offered to those persons whose vehicles 57 have been towed by a tow truck service, or released after hookup, 58 upon release of the vehicle. 59 CO~NT 60 This amendment will increase the basic towing fee that tow truck services may charge for 61 nonconsensual tows. The amount of the increase is blank, so as to permit City Council to determine the 62 appropriate amount of the increase. If Council reaches a consensus on the amount of the increase, that 63 amount will be added to this ordinance prior to its adoption. 64 65 Adopted by the City Council of the City of Virginia Beach, 66 Virginia, on this day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ::e~ 1 -' City Attorney's Office CA10037 H:\PA\GG\OrdRes\Proposed\Tow Truck Rates R-1 May 18, 2006 3 / ,:~~"':t... ..r':'\F"~?(h ..~...~~'-. ~-....:~) J::! ".:',:,:.'; ...:<,~-' 'iZ) (~~~'- .-. E~; ,~<.t"" ld ".....' '....;-.} ""ot'4,~....."J. -~o.:;f , " CITY OF VIRGINIA BEACH AGENDA ITEM -/ ITEM: An Ordinance Granting a Franchise to Cox Communications Hampton Roads, LLC to Construct, Operate and Maintain a Cable System in the City of Virginia Beach, Virginia; Setting Forth Conditions Accompanying the Grant of the Franchise; Providing for Regulation and Use of the System; and Prescribing Penalties for Violation of the Provisions Herein MEETING DATE: May 23,2006 . Background: On July 24,2003 Cox Communications ("Cox") notified the City of its desire to renew the 1991 cable franchise agreement. In preparation for franchise renewal, the City reviewed the cable related needs of the community, Cox's performance under the existing franchise, Cox's compliance with material terms of the existing franchise, Cox's technical service, customer service, quality and levels of service, and Cox's legal, financial, and technical ability to meet future community needs. Based upon the City's review, the City provided Cox with a model franchise to begin the negotiation process. Negotiations continued with Cox using both the informal and formal processes throughout the past year. Due to state legislative activity, the formal process was extended several times to ensure that the negotiated franchise would be consistent with any newly adopted state legislation. . Considerations: The proposed franchise provides favorable economic and customer service terms with respect to both the existing 1991 franchise and the newly enacted state cable legislation. Some of the key components of the agreement are: . A ten year term; . The franchise fee is calculated using the current definition of gross revenues through December 31, 2006. The Virginia Communications Sales and Use Tax definition of gross revenues will apply January 1, 2007; . Franchise preserves three existing basic tier government and education access channels; . Franchise permits future growth of four digital government and education access channels, one of which will be encrypted for use as an internal training channel to provide new opportunities for training for public safety employees; . Provides for a capital fee of $0.20 per subscriber per month to support educational and governmental access channels and other service needs identified during the community needs assessment; . Provides cable service to all municipal and public school facilities; . Requires a convenient local customer service and bill payment location in the City where subscribers can receive face-to-face service; and . Franchise is consistent with federally required customer service and consumer protection standards. . Public Information: A Public Hearing was advertised and held on May 9, 2006. Public information will be handled through the normal Council Agenda public information process. . Alternatives: After July 1, 2006, Cox may pursue an ordinance franchise under newly adopted state legislation. . Recommendations: Adoption . Attachments: Ordinance, Summary of Terms Recommended Action: Adoption Submitting Department!Agency: Communications and Information Technology City Manager: It- .~ .... c G) E G) G) I.. C) <C G) f/) .- .r:. (,) c ca I.. U. o ...J ...J ~ f/) "'0 ca o c::: c o .... Q. E ca ::I: .... o f/) c o ;; ca (,) .- c ::s E E o o >< o o .... o f/) E I.. G) I- .... o ~ I.. ca E E ~ tJ) r-~ o --- ..-. --- ...... (I) .~ ;>.. 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SECTION 14. SECTION 15. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D 874794v2 TABLE OF CONTENTS STATEMENT OF INTENT AND PURPOSE ...............................................1 S H 0 R T TITL E .... ....... ...... ...... ...... ............ ....... .... .... .... ............. ...... ... ......... ... ...1 DEFINITIONS .. .... ..... .............. .... ..... ....... ..... ...... .... ... ......... ........ ............... .......1 GRANT OF AUTHORITY AND GENERAL PROVISIONS......................6 D ESI GN PRO VIS IONS ...................................................................................8 SER VI CE PRO VIS IONS ...............................................................................10 CO NSTR U CTI 0 N PRO VISIONS ................................................................13 OPERA TI 0 N AND REPORTING PROVISIONS ......................................17 CONSUMER PROTECTION PROVISION ................................................19 GENERAL FINANCIAL AND INSURANCE PROVISIONS...................22 FORECLOSURE, RECEIVERSHIP AND ABANDONMENT .................28 REMOVAL, TRANSFER AND PURCHASE..............................................29 RI GHTS OF IND IVID U ALS PROTECTED ...............................................31 MISCELLANEO US PRO VISIONS ..............................................................31 EFFECTIVE DATE AND TIME OF ACCEPTANCE ...............................33 CO RPO RA TE GUARANTY EXAMPLE ................................................. A-I TECHNI CAL STANDARDS .......................................................................B-l FRANCHISE FEE QUARTERLY REPORT ........................................... C-l PEG ORIGINATION POINTS AND SIGNAL PATH DIAGRAM ....... D-l ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO COX COMMUNICATIONS HAMPTON ROADS, LLC TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF VIRGINIA BEACH, VIRGINIA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE PROVISIONS HEREIN. PREAMBLE The City of Virginia Beach, Virginia does ordain that it is in the public interest to permit the use of public rights-of-way and easements for the construction, maintenance, and operation of a Cable System under the terms of this Franchise; said public purpose being specifically the enhancement of communications for the City. SECTION 1. STATEMENT OF INTENT AND PURPOSE. City intends, by the adoption of this Franchise, to bring about the further development and operation of a Cable System. This development can contribute significantly to the communications needs and desires of many individuals, associations and institutions. SECTION 2. SHORT TITLE. The Franchise granted pursuant to this ordinance shall be known and cited as the "City of Virginia Beach Cable Television Franchise Ordinance for Cox Communications Hampton Roads, LLC." Within this document it shall also be referred to as ''this Franchise" or ''the Franchise." SECTION 3. DEFINITIONS. For the purpose of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 3.01 "Affiliate" when used in relation to any Person, means another who owns or controls, is owned or controlled by, or is under common ownership or control with, such Person. 3.02 "Basic Cable Service" means any Service tier which includes the lawful retransmission oflocal television broadcast signals and any public, educational, and governmental access programming required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. S 543(b )(7). 3.03 "Cable Service" or "Service" means (A) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber interaction, if any, which is required for the selection or use of such Video Programming 874794v2 or Other Programming Service. Cable Service as defined herein shall not be inconsistent with the definition set forth in 47 D.S.C. S 522(6). 3.04 "Cable Svstem" or "Svstem" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include: A. a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; B. a facility that serves Subscribers without using any public Right-of-Way; C. a facility of common carrier which is subject, in whole or in part, to the provisions of 47 D.S.C. S201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 D.S.C. S541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; D. an open video system that complies with 47 D.S.C. S 573; or E. any facilities of any electric utility used solely for operating its electric utility systems. 3.05 "Channel" means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television Channel as defined by the FCC. 3.06 "Citv" means the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, its officers, employees, agents and assigns. 3.07 "Citv Council" means the governing body of the City of Virginia Beach, Virginia. 3.08 "Commercial Entitv" means any association, firm, corporation, partnership or other legally-recognized entity whether for profit or not for profit, located in the City. 3.09 "Comulaint" means any correspondence (including letters, e-mail messages, faxes or complaints forwarded by the City in any means, and telephone calls elevated to management for resolution) sent by Subscriber to City or Grantee alleging or asserting signal interruption, poor picture quality, dissatisfaction over programming content, dissatisfaction over business practices, or dissatisfaction over construction or maintenance of the System. It shall not include any expression of dissatisfaction with any action of Grantee which is authorized by this Franchise, or applicable state or federal law. The term "Complaint" shall not include an inquiry which is immediately answered by Grantee to the apparent satisfaction of the complaining party. 3.10 "Converter" means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and by which an 874794v2 2 appropriate Channel selector also permits a Subscriber to view all Basic Cable Service signals delivered at designated Converter dial locations. 3.11 "Drop" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 3.12 "EG" means educational and governmental. 3.13 "FCC" means the Federal Communications Commission or a designated representative. 3 .14 "Franchise" or "Cable Franchise" means the franchise granted by this ordinance and the regulatory and contractual relationship established hereby. 3.15 "Franchise Fee" includes any tax, fee, or assessment of any kind imposed by the City or other Governmental Entity on Grantee or Subscriber, or both, solely because of their status as such. It does not include any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their Services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable Subscribers); capital costs which are required by the Franchise to be incurred by Grantee for public, educational, or governmental access facilities; requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or any fee imposed under Title 17. Franchise Fee as defined herein shall not be inconsistent with the definition set forth in 47 V.S.C. ~ 542. 3.16 "Governmental Entitv" means any federal, state or local political body or governing body, acting in its governmental capacity. 3.17 "Grantee" means Cox Communications Hampton Roads, LLC, its agents, employees, lawful successors, transferees or assignees. 3.18 "Gross Revenues" means all cash, credits, property of any kind or nature, or other consideration received directly or indirectly by Grantee, its Affiliates, subsidiaries, or parents, or any other entity that owns or is owned by Grantee, arising from or attributable to the conduct of business from all sources of operation of the Cable System within the City, including but not limited to: 3.18.1 revenue from all charges for services provided to Subscribers of entertainment and non-entertainment service (including leased access fees); 3.18.2 revenues from all charges for local insertion of commercial advertisements upon the Cable System; 3.18.3 revenues from all charges for the leased use of studios; 874794v2 3 3.18.4 revenues from all charges for the Installation, connection and reinstatement of equipment necessary for utilization ofthe Cable System and the provision of Subscriber and other services; 3.18.5 the sale, exchange or use of cablecast of any programming developed for community use or institutional users; and 3.18.6 the value of any goods, services or other remuneration in nonmonetary form, received by the Grantee in consideration for any advertising or other service arising from or attributable to the operation of the Cable System. Gross Revenues shall not include: 3.18.7 sales, excise or other taxes or fees collected by Grantee on behalf of any Governmental Entity; 3.18.8 charges for Subscriber service or other revenue not actually received by Grantee; or 3.18.9 revenue refunded or credited to Subscribers. For the purpose of this Section, the phrase "arising from or attributable to the conduct of business from all sources of operation of the Cable System" shall include, but not be limited to: 3.18.10 any activity, product or service which generates revenue of any type whatsoever and which is offered to the Subscribers of the System, or any related services; 3.18.11 any activity, product or service which is revenue producing to Grantee and is offered to the Subscribers of the System by a medium other than the System, including, but not limited to, direct mail and home delivery if the System's Subscriber list or any portion thereof is utilized for purposes of solicitation, unless reasonable consideration is paid to the Grantee for such utilization; and 3.18.12 any activity, product or service in the production or provision of which any ofthe assets of the System, including, but not limited to, cable production facilities, and administrative facilities, are included, unless reasonable consideration is paid to the Grantee for such utilization. 3.19 "Installation" means the act of connecting the Cable System from feeder cable to the point of connection including Standard Installations and custom Installations with the Subscriber Converter or other terminal equipment. 3.20 "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain Channel, or certain Channels provided by way of the Cable System. 874794v2 4 3.21 ''Normal Business Hours" means those hours during which most similar businesses in City are open to serve customers. In all cases, "Normal Business Hours" must include some evening hours, at least one (1) night per week and/or some weekend hours. 3.22 "Normal OoeratinQ: Conditions" means those Service conditions which are within the control of Grantee. 'Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. 3.23 "Other ProQIamminQ: Service" means information that a cable operator makes available to all Subscribers generally. 3.24 "Pav Television" means the delivery over the System of pay- per-channel or pay- per-program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable Service or Other Programming Services. 3.25 "PEG" means public, educational and governmental. 3.26 "Person" means any individual residing in the City. 3.27 "Public Prooerty" means any real property, other than a Street, owned or leased by the City. 3 .28 "Service Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted. 3 .29 "Service Interruotion" means the loss of picture or sound on one (1) or more Cable Channels. 3.30 "Service Outlet" means the connection at the Subscriber terminal located at a point designated by the Subscriber necessary to provide Service to the Subscriber. A dwelling or other building within which a Subscriber receives Service may have one (1) Service Outlet or multiple Service Outlets. 3.31 "Standard Installation" means any residential or commercial Installation which can be completed using a Drop of one hundred fifty (150) feet or less. 3.32 "Street" means the surface of and the space above and below any public Street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, 874794v2 5 conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system. 3.33 "Subscriber" means any Person, Commercial Entity or Governmental Entity within the City who is authorized to receive service provided by Grantee by means of the System. In the case of multiple office buildings or multiple dwelling units, the "Subscriber" means the lessee, tenant or occupant not the building owner, except in cases where Grantee and the building owner have entered into a legally permissible bulk-billed arrangement. 3.34 "Two-Wav Svstem" means a System that can pass video, voice, and/or data signals in both directions simultaneously. 3.35 "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. SECTION 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS 4.01 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein. Failure of Grantee to provide a System as described herein, or meet the obligations and comply with all provisions herein, shall be deemed a violation of this Franchise. 4.02 Criteria of Selection. Grantee's technical ability, financial condition, legal qualifications, and ability to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests, were among those items considered and approved by City in full public proceedings of which Grantee was afforded reasonable notice and a reasonable opportunity to be heard. 4.03 Authoritv for Use of Streets. A. For the purpose of constructing, operating, and maintaining a System in the City, Grantee may erect, install, construct, repair, replace, relocate, reconstruct, remove and retain in, on, over, under, upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the System, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances are otherwise complied with. B. With the exception of Drop construction performed in a generally perpendicular angle to a Street, Grantee shall, prior to any construction of the System, file plans with the City. City shall, in a timely fashion, approve or disapprove such plans in writing, which approval shall not to be unreasonably withheld. C. Grantee shall use its best efforts to construct and maintain the System so as not to interfere with other uses of Streets. Whenever feasible Grantee shall make use of existing poles and other facilities available to Grantee. Except in an emergency, 874794v2 6 Grantee shall use its best efforts to notify residents affected by proposed work prior to commencement of that work. D. Notwithstanding the above grant to use the Streets, no Street shall be used by Grantee if City, in its reasonable opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or is presently used. 4.04 Franchise Term. The effective date of this Franchise shall be as set forth in Section 15.01, and the Franchise shall expire ten (10) years from such effective date, unless renewed, revoked or terminated sooner as herein provided. 4.05 Previous Franchises. Upon acceptance by Grantee as required by Section 15.02 herein, this Franchise shall supersede and replace any previous ordinance or other authorization granting a franchise to Grantee. Ordinance No. 91-2061H is hereby expressly repealed. 4.06 Area Covered. A. This Franchise is granted for the territorial boundary of the City which shall include any new territory which shall become part of the City ("Service Area"). Grantee shall provide Service to any Person, Commercial Entity and Governmental Entity requesting Service within the City according to the conditions, limitations and schedules set forth herein. If any annexed area is served by another cable operator at the time of annexation, Grantee shall not be obligated to provide Service to that area. B. Grantee shall extend Service to any area when potential Subscribers that can be served by extension ofthe System past occupied dwelling units is equivalent to a density of thirty (30) homes per Street mile of plant contiguous to the activated System. 4.07 'police Powers. Grantee's rights are subject to the police powers of City to adopt and enforce ordinances of general applicability necessary to protect and preserve the health, safety and welfare of the public. Grantee shall comply with all applicable general laws and ordinances enacted by City pursuant to those powers. 4.08 Use of Grantee and Citv Facilities. City shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of Grantee, any wires and fixtures desired by City to the extent that such installation and maintenance does not unreasonably interfere with existing or future operations of Grantee. If Grantee gives City sixty (60) days notice of any interference, City will comply with Grantee's request to correct the interference at City's expense. Grantee shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of City, any wires and fixtures desired by Grantee to the extent that such installation and maintenance does not unreasonably interfere with existing or future operations of City. If City gives Grantee sixty (60) days notice of any interference, Grantee will comply with City's request to correct the interference at Grantee's expense. 874794v2 7 4.09 Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's Manager and City Attorney or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or sent by overnight delivery service, addressed to the party to whom notice is being given, as follows: Ifto City: City of Virginia Beach Office of the City Manager Municipal Center Virginia Beach, VA 23456 If to Grantee: Cox Communications Hampton Roads, LLC 1341 Crossways Blvd. Chesapeake, VA 23320 Attn: General Manager With a courtesy copy (not sufficient to provide notice) to: Cox Communications, Inc. ATTN: LEGAL DEPT. 1400 Lake Hearn Dr. Atlanta, GA 30319 Such addresses may be changed by either party upon notice to the other party given as provided in this section. 4.10 Franchise Non-Exclusive. The Franchise granted herein is non-exclusive. The City specifically reserves the right to grant, at any time, additional Franchises for a System in accordance with applicable law, including, without limitation, Virginia Code gI5.2-2108, et seq., and 47 U.S.C. g541. In the event the City makes such a grant or grants, nothing herein shall impair any rights Grantee may have under applicable law. SECTION 5. DESIGN PROVISIONS. 5.01 Svstem Design.. Grantee shall, upon acceptance of this Franchise as defined herein, immediately undertake all necessary steps to construct, operate and maintain a System that meets the requirements contained herein. 5.02 Two-Wav Svstem. Grantee shall provide a Two-Way System. 5.03 Future Svstem Modifications. A. City and Grantee recognize that Grantee's System is operated as part of Grantee's greater Hampton Roads regional organization. To assure that Grantee's Cable System in the City maintains the same capabilities as other systems operated by Grantee in the Hampton Roads region, Grantee agrees that when one (1) or more of Grantee's Cable Systems in Hampton Roads obtains a capability with respect to any Cable Service that exceeds that provided by Grantee in the City, the City may require Grantee to 874794v2 8 provide the same capability on its System in the City. Grantee shall complete any necessary modification of its System within twelve (12) months of receipt of the City's request. B. This Section 5.03 shall not apply to capabilities provided by Grantee in areas that are (1) subject to effective competition, or; (2) are part of a Service trial or new Service launch that is less than two (2) years old. 5.04 Lockout Device. Upon the request of a Subscriber, Grantee shall make available by sale or lease a Lockout. 5.05 Provision of Service. After Service has been established by activating trunk and distribution cable for any area, Grantee shall, except under conditions beyond Grantee's reasonable control, provide Service via a Standard Installation to: A. Any Person or Governmental Entity within the area within twenty-one (21) days from the date of request; and B. Any Commercial Entity within the area upon terms and conditions negotiated by the Commercial Entity and Grantee. 5.06 Technical Standards. The System shall be designed, constructed and operated so as to meet those technical standards set forth in Exhibit B. These standards shall, at a minimum, comply with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, subpart K ofthe Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. 5.07 Testing. A. Based upon indications of significant non-compliance with the technical standards required by this Franchise, City may require Grantee to perform tests and/or analyses to confirm compliance. City shall endeavor to arrange its request for such tests so as to minimize hardship or inconvenience to Grantee or Subscribers. The City or its representatives may witness the tests. Upon completion of testing, Grantee shall provide City with a report of the test results. B. If after receiving Grantee's test report, City determines that reasonable evidence indicates significant non-compliance with this Franchise still exists, City may retain an independent engineer to perform tests and analyses directed toward the particular matter in controversy. 1. Grantee shall bear the expense for the independent testing if the test confirms the alleged non-cvmpliance. City shall bear the expense of the independent testing if Grantee is found not to be at fault. 2. If Grantee is found to be at fault, Grantee shall provide a written report to City detailing the steps undertaken to correct the non-compliance. 874794v2 9 C. Grantee shall conduct all tests of its System as required by FCC regulations. Results of such testing shall be provided free of charge to City upon request. The tests may, upon request of City, be witnessed by representatives of City. SECTION 6. SERVICE PROVISIONS. 6.01 Basic Service. Grantee shall offer to all Subscribers a service level designed to meet the minimum information needs of the residents of the City. Grantee shall offer Basic Cable Service as required by law, including off-air local broadcasting channels and the PEG Access Channels set forth in Section 6.07. Grantee retains the right to add, delete or modify the programming on such Basic Cable Service tier. 6.02 Rel!Ulation of Service Rates. A. City may regulate rates for the provision of Cable Service, equipment, and Installations in accordance with applicable federal law, in particular 47 C.F.R. Part 76 subpart N. In the event the City chooses to regulate rates it shall, in accordance with 47 C.F.R. g76.91O, obtain certification from the FCC, if applicable. The City shall follow all applicable FCC rate regulations and shall ensure that appropriate personnel are in place to administer such regulations. City reserves the right to regulate rates for any future services to the extent permitted by law. B. Grantee shall not discriminate among Subscribers in the rates it charges, however, nothing herein shall preclude the Grantee from establishing reasonable classifications of customers and charging them different rates. 6.03 Non-Standard Installations. Grantee shall install and provide Cable Service to any Person requesting other than a Standard Installation provided that said Cable Service can meet FCC technical specifications and all payment and policy obligations are met. In such case, Grantee may charge for the incremental increase in material and labor costs incurred beyond the Standard Installation. 6.04 Programming Decisions. All programming decisions shall be at the sole discretion of Grantee; provided, however, that Grantee shall be requested to maintain a diverse mix, quality, and level of Service and shall notify City, prior to notification of Subscribers, of any proposed change in the mix, quality, or level of Service. 6.05 Emergencv Alert Svstem. Grantee shall at all times comply with the Emergency Alert System standards pursuant to Title 47, Section 11, Subparts A-E of the Code of Federal Regulations, as may be amended or modified from time to time. 6.06 Service to Public Facilities. A. Grantee shall provide, free of charge throughout the term of the Franchise, Installation of one (1) Drop, one (1) cable outlet, and one (1) Converter, if necessary, and the highest level of Cable Service offered by Grantee, excluding pay-per-view, pay-per- channel (premium) programming, high-speed data services, or newly created non-video Cable Services, without charge to: 874794v2 10 1. All buildings owned or leased by the City within the City and used for government purposes. The City shall be responsible for obtaining authorization for Grantee to enter any leased buildings on terms reasonably acceptable to Grantee. 2. All classroom/instructional buildings designated by the City within the City that are owned or leased by the Virginia Beach School Board; 3. All recreational centers designated by the City within the City that are owned or leased by the City. This requirement shall not include any digital tier of services Grantee may offer (except digital PEG Channels designated pursuant to Section 6.07) unless and until such time as Grantee's digital programming reduces the amount of spectrum available for analog programming to less than approximately sixty (60) Channels of analog programming. Grantee shall be responsible for the cost of extension to subsequently designated institutions for the first two hundred (200) feet as measured from Grantee's nearest active plant. The institution shall pay the net additional Drop or extension costs beyond the two hundred (200) feet. B. Additional Subscriber Drops and/or outlets in any of the locations identified in subparagraph A, above, will be installed by Grantee at the lowest actual cost of Grantee's time and material. Alternatively, said institutions may add outlets at their own expense, as long as such installation meets Grantee's standards and approval, which approval shall not be unreasonably withheld. Grantee shall have three (3) months from the date of City-designation of additional accredited schools or public institutions or relocations to complete construction of the Drop and the outlet unless weather or other conditions beyond the control of Grantee requires more time. 6.07 rublic. Educational and Governmental ("PEG") Access Channels. A. Grantee shall, at no charge to the City, continue to provide three (3) Channels on Grantee's Basic Service Tier to air non-commercial PEG access programming, consistent with Section 611 of the cable Act (47 V.S.C. ~531), and, upon ninety (90) days written notice from the City, up to four (4) Channels on a digital service tier, one (1) of which shall be used for City training purposes on a viewer-restricted basis (i.e., audio and video encrypted). The City shall have sole discretion to determine the users of said Channels. Notwithstanding anything to the contrary, Grantee shall be permitted to use capacity on the Channels for the provision of other Services if such Channels are not being used for the purposes designated pursuant to rules and procedures developed by the City. B. Grantee shall, at a minimum, provide at no cost one (1) Converter or other device at each public building specified in Section 6.06 of this Franchise to facilitate the viewing of any encrypted PEG access Channel. Upon the activation of any additional PEG access Channels on a digital tier, Grantee shall provide, at no cost to the City, such 874794v2 11 additional equipment necessary to allow the viewing of such Channels which may include a digital decoding device or additional Converter at each building. C. Grantee shall maintain the existing signal paths, as illustrated in Exhibit D, between the PEG access origination point(s) and its headend at the same technical standards as required for the System. Should any of these points move to another location, the cost of establishing the dedicated cable program origination capability at the new location shall be reimbursed by the City to Grantee. The existing origination points are as follows: 1. From the City Municipal Center (City Council and School Board chambers) terminating at the Advanced Technology Center. 2. From the Advanced Technology Center to Grantee's Master Telecommunications Center. D. Upon written request from the City, Grantee shall allow other franchised cable operators to interconnect with Grantee's Cable System for the sole purpose of allowing the transmission of PEG access programming to such other franchised cable operators within the City. Nothing herein shall prohibit Grantee from requiring such other franchised cable operator to pay the costs of such interconnection, including construction, signal transport, and maintenance costs. E. Grantee shall assist the City in having PEG access program listings appear in or on the electronic program guides used in the Cable System to the maximum extent such listings are technically and economically feasible. F. Grantee shall continue to produce community programming of local interest and concern. as long as economically feasible commensurate with community needs. G. Upon notification by PEG access Channel authorities, Grantee's response time for any Dedicated Fiber signal discrepancies shall be as follows: 1. Dedicated Fiber technical problems which render any or all of the PEG access Channels unusable or unviewable shall be serviced as soon as possible and in the same priority as any other primary signal source. Minor signal distortions or problems shall be serviced within forty-eight (48) hours. 2. Signal problems on any Dedicated Fiber supporting PEG access Channel operation which render the signal unusable or unviewable shall be serviced as soon as possible. Other technical problems on any Dedicated Fiber shall be addressed within forty-eight (48) hours. 3. to City. All maintenance and repairs on Grantee's System will be at no cost 874794v2 12 H. In the event the City designates a body to administer any of the PEG access Channels, Grantee agrees to cooperate with and consult with such body in connection with matters relating to the use of the PEG access Channels. 1. The Grantee shall provide the City a monthly PEG capital fee in the amount of twenty cents ($0.20) per Subscriber per month. Grantee shall pay the PEG capital fee on the same schedule as the Franchise Fee payment required in Section 10. Grantee shall cooperate with City to ascertain the monetary value of the in-kind services and facilities Grantee provides pursuant to this Franchise in an effort to establish any PEG capital grant surcharge fee that City may be authorized to impose on any new cable operator in the City. J. Any and all payments by Grantee to City in support of PEG access programming shall not be deemed "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 V.S.C. ~ 542). Consistent with applicable law, Grantee may list the PEG capital fee as a line item on Subscriber bills. K. If the Grantee makes changes to Grantee's Cable System that require improvements to access facilities and equipment, Grantee shall provide any necessary additional headend and distribution facilities or equipment within thirty (30) days so that PEG facilities and equipment may be used as intended with respect to the up to seven (7) PEG Channels specified in Section 6.07(A), so that live and taped programming can be cablecast efficiently to Subscribers. Grantee shall be solely responsible for the costs associated with maintenance, repair and any desired technology changes of the signal transport facilities required by Section 6.07(C). L. The Grantee shall not arbitrarily or capriciously change access Channel assignments, and the Grantee shall seek to minimize the number of such changes; provided, however, that the Grantee may change access Channel assignments as it deems appropriate so long as (i) the Grantee gives City programmer ninety (90) days' notice of such change (unless Grantee is required by law to make the change earlier), and (ii) Grantee reimburses the City or its designee for its document costs, up to Five Thousand and Noll 00 Dollars ($5,000) to provide for revision of access Channel station identification products such as logos, intros, programming materials, etc. SECTION 7. CONSTRUCTION PROVISIONS. 7.01 ,Construction Standards. A. Grantee shall comply with the construction requiremepts oflocal, state and federal laws. B. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code as amended, as applicable to Cable Systems. C. Antennas and their supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the 874794v2 13 Federal Aviation Administration and all other applicable state or local laws, codes and regulations. D. All of Grantee's plant and equipment, including, but not limited to, the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with accepted engineering practices, performed by qualified maintenance and construction personnel so as not to endanger or interfere with improvements City may deem applVpriate to make and also to reasonably preserve and protect plants and tree improvements in the tree belt and right-of-way, and not to interfere with the legal rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic. E. Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which may be likely to cause damage, injury or nuisance to the public. Upon request, Grantee will provide information to City regarding items of quality control for installation and maintenance activities performed by Grantee or its authorized subcontractors. F. Upon request, Grantee shall work with City to establish guidelines regarding the location and placement of the System to provide the most judicious use of available space in Streets and Public Property. 7.02 Construction of Facilities. A. The System hereafter constructed or installed by Grantee, and all easements and rights-of-way hereafter obtained by Grantee, shall be located so as to cause as little interference with the public use of the Streets, and other Public Property as is reasonably possible, and all such facilities shall be maintained in good repair and condition. Facilities located on, over, under or within the property of City or private property shall be constructed, installed and maintained in accordance with all applicable City ordinances, rules, regulations and requirements. In the event the construction, installation, repair or maintenance of any of the System necessitates the removal of trees or other vegetation, such trees and vegetation shall be replaced to the extent possible promptly upon the conclusion of the work performed or at such later time as the City may designate. In the event such trees and other vegetation cannot be replaced at the same location, Grantee shall install an equivalent amount of trees vegetation at such other location as the City may designate. Any determination by Grantee that the replacement oftree(s) is not possible shall require prior approval of City. B. Except in cases of an emergency, Grantee shall not install, move, alter, repair, relocate or remove any of its underground System in or from any Street or Public Property, or dig, cut or otherwise disturb the surface of any public Street or Public Property, unless prior written notice of its intention to do so is given to City's Director of Public Works or his designee no less than three (3) business days prior to the time such 874794v2 14 work commences, and permission to perform such work is granted or waived by the Director or his designee or a permit authorizing such work is obtained, which permit shall not be unreasonably withheld. Such permission or permit shall, whether or not expressly stated in any given instance, be conditioned upon the work covered by the permit being performed in compliance with the provisions of the Franchise and with all applicable City ordinances, rules, regulations and requirements. The Director or his designee may, in addition to any other requirement oflaw or provision of the Franchise, impose such additional reasonable conditions, requirements or restrictions as will prevent or minimize interference with or obstruction of the Streets and Public Property, ensure the prompt and complete restoration of Streets and Public Property damaged, disturbed or altered by work performed by or on behalf of Grantee, or otherwise preserve, protect and promote the public health, safety and welfare. C. Grantee may perform emergency work which is necessary to ensure the public health, safety or welfare, prior to the issuance of a permit. In such cases, Grantee shall provide notice to City, except if the provision of such notice is not reasonably possible, as soon as practicable, and in any case no later than two (2) working days after the commencement of work. D. Whenever Grantee proposes to install new underground conduits or replace exist~ng underground conduits within the City, it shall notify City as soon as practical and shall allow City, at its own expense, to share any excess capacity within the conduit of the Grantee or to lay its own conduit therewith, provided that such action by City will not unnecessarily interfere with Grantee's facilities or delay the accomplishment of the project. E. City shall have the right at Grantee's expense to perform reasonable and necessary inspection of all construction work performed on Public Property or Streets pursuant to the requirements of Section 4.03. F. Nothing contained in this Franchise shall be construed to give Grantee the authority to enter upon or work on private property in areas where such entry or work is not authorized pursuant to this Franchise or other legal instrument without the permission of the property owner, tenant or authorized agent. 7.03 Reoair of Streets and Prooertv. Grantee and its contractors shall comply with all ordinances of City pertaining to work on Streets, Public Property or private property. Any and all Streets, Public Property or private property that are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, reconstruction or removal of the System, or any portion thereof, shall be promptly repaired by Grantee, at its expense, to a condition as good as that prevailing prior to Grantee's work. Any damage caused to the property of building owners or users or any other Person as a result of any action or omission by Grantee or its contractors shall be promptly and fully repaired by Grantee. 7.04 Use of Existing Poles. No poles, conduits, or other wire-holding structures shall be erected or installed by Grantee on City's property without prior approval of City with 874794v2 15 regard to the location, height, type and other pertinent aspects, which approval shall not be unreasonably withheld. City may require Grantee to provide written justification should the use of such poles and other wire-holding structure be solely for the purpose of supporting Grantee's System. The location of any pole, conduit or wire-holding structure of Grantee on City's property shall not be a vested right and such poles, conduits or other structures shall be removed or modified by Grantee at its own expense upon reasonable request of City. 7.05 UndenrroundinQ: of Cable. Cable shall be installed underground at Grantee's expense where both the existing telephone and electrical utilities are already underground or when required by City ordinance, including, without limitation, Section 5.10 of the Subdivision Ordinance or successor provision. Grantee shall place cable underground in newly platted areas in concert with both the telephone and electrical utilities, unless this requirement is waived or modified by City. Grantee shall be required to convert overhead lines to underground, at Grantee's expense, if and when electric and telephone overhead utilities in the same area are converted to underground; provided, however, that where public funds are available to reimburse right-of-way occupants for such relocations, Grantee shall be permitted access to such funds on a non-discriminatory basis. 7.06 Reservation of Street Rights. A. Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; constructing, grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. B. All such work shall be done, insofar as practicable in such a manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of Grantee. C. If any such property of Grantee shall interfere with the construction, relocation, maintenance or repair of any Street or public improvement, whether it be construction, repair, maintenance, removal or relocation of a sewer, public sidewalk, water main, Street or any other public improvement, forty-five (45) days written notice shall be given to Grantee by City and all such poles, wires, conduits or other facilities shall be removed or replaced by Grantee in such manner and within such reasonable time as may be directed by City so that the same shall not interfere with the said public work of City, as determined by City, and such removal or replacement shall be at the sole expense of Grantee (subject to the availability of public funds to reimburse right-of-way occupants for such removal or replacement to which Grantee shall have access on a non- discriminatory basis); provided, however that the City's failure to give the notice in strict compliance with the time limits set forth herein shall not relieve Grantee of the obligation to pay the cost of removal or replacement. In the event such construction, relocation, maintenance or repair must be commenced within forty-five (45) days, City shall give Grantee notice thereof at the earliest practicable time. 874794v2 16 D. In the event Grantee fails to timely remove or replace any of its facilities pursuant to this section, the City may remove or replace such facilities and charge the reasonable cost thereof to Grantee. E. Nothing contained in this Franchise shall relieve any Person or entity, including City from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's System. 7.07 Trimming of Trees. Grantee shall have the authority to trim trees upon and hanging over Streets, and Public Property in the City so as to prevent the branches of such trees from coming in contact with the System of Grantee; provided, however, that all trimming on Streets or Public Property shall be done in accordance with applicable City ordinances. 7.08 Street Vacation or Abandonment. In the event City determines to vacate, abandon or discontinue use of any Street or portion thereof used by Grantee, City shall notify Grantee as soon as reasonably practicable. 7.09 Movement of Facilities. In the event it is necessary temporarily to move or remove any of Grantee's wires, cables, poles, or other facilities placed pursuant to this Franchise, in order to lawfully move a large object, vehicle, building or other structure over the Streets in the City, upon ten (10) days notice by City to Grantee, Grantee shall move its facilities as may be required to facilitate such movements, at the expense of the requesting party, payment to be made in advance. There shall be no charge to City for such removal. Any Service Interruption provisions of this Franchise shall not apply in the event that the removal of Grantee's wires, cables, poles or other facilities results in temporary Service Interruptions. SECTION 8. OPERATION AND REPORTING PROVISIONS. 8.01 Financial Books and Records. The City shall have the right to inspect original records, upon reasonable notice and during Normal Business Hours, or require Grantee to provide within a reasonable time copies of any records maintained by Grantee which relate to System operations including specifically Grantee's accounting and financial records. City acknowledges that some of the records which may be provided by Grantee may be classified as confidential and therefore may subject Grantee to competitive disadvantage if made public. City shall therefore maintain the confidentiality of any and all records provided to it by Grantee which are not required to be made public pursuant to applicable laws; however, that Grantee shall be required to designate such of the records as it desires to be kept confidential and to notify the City of the provision oflaw that allows such records to be withheld from public inspection. Grantee shall produce such books and records for City's inspection at Grantee's local office located within thirty (30) miles of the City or at such other mutually agreed upon location within the City. 8.02 Communications with Regulatorv Agencies. The results of any tests required to be filed by Grantee with the FCC shall upon request of the City also be filed with the City or its designee within ten (10) days of such request. 874794v2 17 8.03 Annual Report. Within ninety (90) days of the end of Grantee's fiscal year, including the fiscal year in which the Franchise becomes effective, Grantee shall file with City an annual report containing the following information regarding the System: A. A financial statement verifying total Gross Revenues prepared in accordance with generally accepted accounting principles and certified by a financial officer of Grantee. B. A summary of the previous year's activities in the development of the System, including, but not limited to, services begun or discontinued during the reported year. C. A current copy of the Subscriber service agreement. D. Changes, if any, in the ownership structure provided pursuant to Section 15.02. E. A summary of the Complaints received during the reported year, by category, and a discussion of any unresolved Complaints. 8.04 Requested Reports. A. Upon request, Grantee shall provide City with a written quarterly report evidencing Grantee's compliance with the customer standards found in Section 9 of this Franchise. Such report shall be provided within forty-five (45) days following the end of a given quarter. In the event the City has alleged that the Grantee is in violation of the customer service standards, such report shall be submitted within fifteen (15) days of the end of the quarter following such allegation until such alleged violation is resolved by the parties. Grantee shall be permitted to submit raw quarterly statistics from its Hampton Roads Regional Call Center to comply with the reporting requirement. Grantee reserves the right to revise such raw statistics at a later date to reflect periods when the system may not have been operating under Normal Operating Conditions. B. City and Grantee mutually agree that Grantee shall provide such other reasonable reports requested by City with respect to Grantee's operations pursuant to this Franchise at the times and forms prescribed by the City. 8.05 Mappin~. Grantee shall furnish the City with two (2) complete sets of route maps, drawn to scale and certified to the City as accurately depicting the actual location of all Cable System routes and shall include a digitized map(s) in both printed and electronic form readable by the current version of AutoCAD. The digitized map shall be tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information. Grantee shall, upon request, provide updated routes maps. As used herein, "route maps" mean maps that show where Grantee's Cable System is located in the Public Ways and that delineate the above ground and underground portions of the Cable System. 874794v2 18 8.06 Annual Evaluation Sessions. City may require annual evaluation sessions during the term of this Franchise; provided however, that there shall not be more than one (1) evaluation session during any calendar year. Topics which may be discussed include, but are not limited to, Channel capacity, System performance, programming, the PEG access Channel programming, municipal use of cable, Subscriber Complaints, judicial rulings, FCC rulings and any other topics City or Grantee deem relevant. During each evaluation session, Grantee shall fully cooperate with City and provide without cost such readily available information and documents as City may reasonably request. SECTION 9. CONSUMER PROTECTION PROVISION. 9.01 Grantee Office. Grantee shall maintain a convenient local customer service and bill payment location in the City where Subscribers can receive face-to-face service. The facility shall be adequately staffed in order to address customer inquiries, receive bill payments and perform equipment exchanges. The facility shall be open during Normal Business Hours. Grantee shall maintain at least one (1) drop box or payment kiosk within the Service Area for receiving Subscriber payments after hours. 9.02 Interruotion of Service. A. Grantee shall render efficient Service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions to the extent possible, shall be preceded by notice to City and Subscribers, and shall occur during periods of minimum use of the System. B. If Grantee's Cable Service is interrupted or discontinued for twenty-four (24) or more consecutive hours, a Subscriber, upon request, shall be entitled upon notification to Grantee of a credit of credited pro rata for such interruption. Credits shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. For this purpose, every month will be assumed to have thirty (30) days. 9.03 Rebate Policv. In the event a Subscriber establishes to terminate Service and receives less than one (1) full month of Service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which Service was rendered to the number of days in the billing period. 9.04 Subscriber Service Information. Grantee shall provide written Service information to each Subscriber (including the City and other recipients of complimentary Service) upon Installation of Service and at least once during each calendar year. This information shall include the following: A. Products and Services offered. B. Prices and options for programming Services and conditions of subscription to programming and other services; C. Installation and service maintenance policies; 874794v2 19 D. Instructions on how to use the Cable Service; E. Channel positions of the programming carried on the System; and F. Billing and Complaint procedures, including the address and telephone number of the City. 9.05 Notice of Changes. Grantee shall provide each Subscriber and City notice of any programming changes, Channel changes, or rate changes over which Grantee has control a minimum of thirty (30) days prior to such actions. 9.06 Late Fees. Grantee shall not impose a late charge on a Subscriber until after the Service has been fully provided and, as of the due date of the bill notifying the Subscriber of an unpaid balance, the bill remains unpaid. Late fees may not exceed the actual costs to Grantee oflate payment of bills and the servicing and collecting of such accounts. 9.07 Grantee shall also provide the necessary facilities, equipment and personnel to comply with the following consumer protection standards under Normal Operating Conditions: A. Cable System office hours and telephone availability: 1. Grantee will maintain.a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. a. Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. b. After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. 2. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less then ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. 3. Grantee shall acquire equipment and/or perform surveys to measure compliance with the telephone answering standards above. 4. Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. 874794v2 20 5. Customer service center and bill payment locations will be open at least during Normal Business Hours. B. Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following four (4) standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: 1. Standard Installations will be performed within seven (7) business days after an order has been placed. "Standard" Installations are those that are located up to one hundred fifty (150) feet from the existing distribution system. 2. Excluding conditions beyond the control of Grantee, Grantee will begin working on "Service Interruptions" promptly and in no event later than twenty- four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business day after notification ofthe Service problem. 3. The "appointment window" alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) 4. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. 5. If Grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. C. Communications between Grantee and Subscribers: 1. Billing: a. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. b. In case of a billing dispute, the Grantee must respond to a written Complaint from a Subscriber within thirty (30) days. 2. Refunds: Refund checks will be issued promptly, but no later than either: 874794v2 21 a. The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or b. The return of the equipment supplied by Grantee if Service is terminated. 3. Credits: Credits for Service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. SECTION 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS. 10.01 Pavrnent to City. A. During the term of this Franchise, Grantee shall pay to City an annual amount equal to five percent (5%) of its Gross Revenues, or such other amounts as are subsequently permitted by federal statute. Notwithstanding the provisions of Virginia Code ~15.2-2108, et seq., Grantee shall pay a Franchise Fee consistent with this provision until December 31, 2006, or upon the issuance of an amended and restated Franchise to Grantee by the City pursuant to Virginia Code ~ 15.2-21 08.26, whichever is later. B. Payments due City under this provision shall be computed at the end of each quarter of a year for that quarter. Payments shall be due and payable for each quarter or a portion ofa quarter on January 31, April 30, July 31 and October 31. Each payment shall be accompanied by the Franchise Fee Quarterly Report set forth in Exhibit C showing the basis for the computation. C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have for further or additional sums payable under the provisions of this Franchise. All amounts paid shall be subject to audit and recomputation by City. In the event the City should conduct a review of Grantee's books and records pursuant to Section 8.01 of this Franchise and such review indicates a Franchise Fee underpayment of three percent (3%) or more, the Grantee shall assume all reasonable documented costs of such audit, and pay same upon demand by the City. Upon receipt of the final Franchise Fee Quarterly Report for 2006, the City shall have sixty (60) days to conduct an audit of Grantee's 2006 Franchise Fee payments and shall thereafter have no further right to audit Grantee's 2006 Franchise Fee payments. D. In the event any payment is not made on the due date, interest on the amount due shall accrue from such date at the then current Prime Rate as determined by Chase Manhattan Bank, N.A. until paid. 10.02 Performance Bond. A. Grantee shall furnish and file with the City a performance and payment bond the sum of Four Hundred Thousand and Noll 00 Dollars ($400,000). The bond 874794v2 22 shall be conditioned upon the faithful performance of Grantee of all terms and conditions of this Franchise. The rights reserved to City with respect to the bond are in addition to all other rights City may have under the Franchise or any other law. / B. The bond shall be subject to the approval of City Attorney and shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be cancelled without the consent of the City until sixty (60) days after receipt by the City by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." 10.03 Letter of Credit. A. At the time this Franchise is accepted, Grantee shall provide to City an irrevocable letter of credit in a form acceptable to the City Attorney in the principal amount of Fifty Thousand and No/l 00 Dollars ($50,000). B. The letter of credit shall serve as security for: 1. The faithful performance by Grantee of all the terms and conditions of the Franchise; 2. Any expenditure, damage or loss incurred by City occasioned by Grantee's unexcused or uncured failure to comply with all rules, regulations, orders, permits and other directives of City issued pursuant to this Franchise; 3. The payment by Grantee of all1awfu11iens, taxes, damages, claims, costs or expenses which City has been compelled to payor has incurred by reason of any act or default of Grantee under this Franchise and all other payments due City from Grantee pursuant to this Franchise; and 4. The loss of any payments required to be made by Grantee to City which would have been received by City but for Grantee's failure to perform its obligations pursuant to this Franchise, during the period of time between Grantee's unexcused or uncured failure to perform and the date in which City takes over, or authorized any other Person to take over, the construction operation or maintenance of the System necessitated by such failure. C. Provision shall be made to permit City to make draws against the letter of credit. Grantee shall not use the letter of credit for other purposes and shall not assign, pledge or otherwise use this letter of credit as security for any purpose. D. Within five (5) days after notice to it that any amount has been drawn by City against the letter of credit pursuant to this section, Grantee shall restore such letter of credit to the required amount. 874794v2 23 E. If Grantee fails to repay to City any damages, costs or expenses which City shall be compelled to pay by reason of any act or default of Grantee in connection with this Franchise, or fails, after thirty (30) days' notice of such failure by City, to comply with any provision of the Franchise which City reasonably determines can be remedied by an expenditure of the security, City may then seek to withdraw such funds from the letter of credit. 10.04 Liquidated Damages from Letter of Credit. In addition to any other remedies provided herein, City and Grantee understand and agree that the failure to comply with any time and performance requirements set forth in this section will result in damage to the City and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or non-performance. Accordingly, as a result of any acts or omissions by Grantee, the City may draw from the letter of credit the following liquidated damages: A. For failure to provide a System meeting the minimum requirements set forth in Section 5 of this Franchise, the liquidated damage shall be Two Hundred and Noll 00 Dollars ($200.00) per day for each day or part there of, such failure occurs or continues, unless such schedule is extended as set forth in Section 14.11. B. For failure to test, analyze and report on the performance of the System following a reasonable request by City pursuant to Sections 5.07 of this Franchise, the liquidated damage shall be Two Hundred and Noll 00 Dollars ($200.00) per day. C. For failure to provide the access Channels and programming origination points in accordance with Section 6.07 of this Franchise, the liquidated damage shall be Three Hundred and Noll 00 ($300.00) per day for each day, or part thereof, such breach occurs or continues. D. For failure of Grantee to comply with the construction, operation or maintenance standards set forth in Section 7 of this Franchise, or the conditions of any permits issued by the City to disturb Streets, fix Streets, or other terms or conditions placed on Grantee's construction activities, the liquidated damage shall be Two Hundred and Noll 00 Dollars ($200.00) per day. E. For failure to provide data, documents, reports or information to cooperate with City pursuant to Section 8 of this Franchise, the liquidated damage shall be Two Hundred Dollars and Noll 00 Dollars ($200.00) per day. F. For failure to maintain a local payment capability pursuant to Section 9.01 of this Franchise, the liquidated damage shall be One Hundred Fifty and Noll 00 Dollars ($150.00) per day for each day, or part thereof, such breach occurs or continues. G. For failure to comply with the customer service standards measured on a quarterly basis contained in Section 9.08 of this Franchise, the liquidated damage shall be Three Thousand and No/lOO Dollars ($3,000.00) per calendar quarter for each subsequent quarter of non-compliance. 874794v2 24 H. For failure to obtain or maintain the performance bond, letter of credit or insurance in a timely fashion pursuant to Section 10 of this Franchise, the liquidated damage shall be One Hundred Fifty and No/100 Dollars ($150.00) per day for each day, or part thereof, such breach occurs or continues. I. For failure to comply with the system transfer provisions pursuant to Section 12 ofthis Franchise, the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues, measured from the date of the closing of the transaction in question. 10.05 Procedure for Imoosition of Liauidated Dama2:e~. A. Whenever the City finds that Grantee has violated one (1) or more terms, conditions or provisions of this Franchise, for which relief is available against the Letter of Credit, a written notice shall be given to Grantee informing it of such violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) days subsequent to receipt of the notice in which to correct the violation before the City may resort to the Letter of Credit. Grantee may, within seven (7) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee to the City shall specify with reasonable detail the matters disputed by Grantee and shall stay the running of the above-described time. 1. The City or its designee shall hear Grantee's dispute at a meeting called in a timely manner. Grantee shall be afforded notice of the meeting not less than ten (10) business days prior to the meeting and afforded an opportunity to participate in and be heard at this meeting, including the opportunity to introduce evidence. The City or its designee shall supplement the decision with written findings of fact. 2. If after hearing the dispute the claim is upheld by the City, Grantee shall have ten (10) business days from notice of such a determination within which to file an appeal with an appropriate state or federal court or agency. B. The time for Grantee to correct any violation or liability may be extended by the City if the necessary action to correct such violation or liability is of such a nature or character to require more than thirty (30) days within which to perform, provided Grantee commences the corrective action within the thirty (30) day period and thereafter uses reasonable diligence to correct the violation or liability. City and Grantee agree that for violations involving Section 9.02(A) and (B) of this Franchise, Grantee shall be given a calendar quarter to cure such violation. C. The rights reserved to the City with respect to the Letter of Credit are in addition to all other rights of the City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such Letter of Credit shall affect any other right the City may have. 874794v2 25 10.06 Damages and Defenses. A. Grantee shall be responsible for, defend, indemnify and hold City harmless from and against any damage or loss to any real or personal property of City or any Person, and for injury to or death of any Person and any officer, employee or agent of City arising out of or in connection with the construction, operation, maintenance, repair, or removal of, or any other action of Grantee with respect to, the System, any service or related activity, or the distribution of any service over the System. B. City, its officers, employees and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with the construction, operation, maintenance, repair or removal of, or other action or event with respect to the System, except as may result from the acts of City, its officers, cwployees and its agents. C. Grantee shall be responsible for, defend, indemnify, and hold harmless City, its officers, employees and agents, from and against any and all liability, damages, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with the construction, operation, maintenance, repair, or removal of the System, or as a result of the procedures for granting this Franchise or of Grantee's exercise of this Franchise. D. In order for City to assert its rights to be indemnified, defended, and held harmless, City must: 1. Promptly notify Grantee of any claim or legal proceeding which gives rise to such right; 2. Afford Grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; unless, however, City reasonably determines that its interests cannot be represented in good faith by Grantee; and 3. Fully cooperate with the reasonable requests of Grantee, at Grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of, such claim or proceeding subject to Section 10.06(D)(2). E. In the event City reasonably determines that its interests cannot be represented in good faith by Grantee, Grantee shall pay all reasonable expenses incurred by City in defending itself with regard to all damages mentioned in Section 10.06(A) above. These expenses shall include all out-of-pocket expenses, such as attorney's fees and costs. 10.07 Insurance. A. As a part of the indemnification provided by Section 10.06, but without limiting the foregoing, Grantee shall file with its acceptance of this Franchise, and at all 874794v2 26 times thereafter maintain in full force and effect at its sole expense, an acceptable policy or policies ofliability insurance, including comprehensive general liability insurance, products/completed operations liability, personal injury liability, broad form property damage, contractual liability, automobile liability (owned, non-owned and hired automobiles) and worker's compensation. Except for worker's compensation and for liabilities arising from this Franchise, the policy or policies shall name as additional insured, City, and in their capacity as such, its officers, agents and employees. Grantee will provide comprehensive liability coverage and automobile liability coverage with a combined single limit of not less than One Million and No/l 00 Dollars ($1,000,000), and an Excess Liability Policy with a combined single limit of not less than Two Million Dollars and No/lOO ($2,000,000). The insurance policy or policies shall contain contractual liability insurance naming Grantee, and shall insure against the types of liabilities covered by the indemnification and hold harmless provision of Section 10.06. B. The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire term of the Franchise. Each certificate of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after thirty (30) calendar days' advance written notice mailed by the insurer to City and that such notice shall be transmitted postage prepaid, and return receipt. 10.08 Work Performedbv Others. A. All provisions of this Franchise shall remain the responsibility of Grantee, and Grantee shall hold City harmless from and against any claims or liability arising out of work performed by Persons or entities other than Grantee. B. All provisions of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise. C. Any subcontractor or other individual or entity performing any work or services pursuant to the provisions of this Franchise shall fully identify all of its vehicles, and equipment by decals and signs. All employees and agents of subcontractors and others performing any work or services pursuant to the provisions of this Franchise shall carry badges identifying them as contractors for Grantee. 10.09 Citv's Ricllt to Revoke. In addition to all other rights which City has pursuant to law or equity, City reserves the right to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, in the event that in the judgment of City: A. Grantee violates and fails to cure any material provision of this Franchise to the detriment of City; or B. Grantee attempts to evade any of the material provisions of this Franchise; or 874794v2 27 C. Grantee is found to have practiced fraud or deceit upon City or a Subscriber by a court of competent jurisdiction; or D. Grantee becomes insolvent, unable, or unwilling to pay its just debts, or is adjudged as bankrupt; or E. Grantee knowingly misrepresents a material fact in the application for the Franchise, which is relied upon by City. 10.10 Procedures for Revocation. A. City shall provide Grantee with a written notice of the cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. City shall provide Grantee with written findings of fact which are the basis of the revocation. B. Grantee shall be provided the right to a public hearing affording due process, including the right to present evidence and call witnesses before City prior to revocation. C. After the public hearing and upon determination by City to revoke the Franchise, Grantee shall have a period of thirty (30) days from the date of City's determination within which to file an appeal de nova with an appropriate state or federal court or agency. D. During the appeal period, the Franchise shall remain in full force and effect. SECTION 11. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT. 11.01 Foreclosure. Upon the foreclosure or other judicial sale of the System, Grantee shall notify City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 11.02 Receivership. City shall have the right to cancel this Franchise subject to any applicable provisions of federal or Virginia law, including the Bankruptcy Act, one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: A. Within one hundred twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and 874794v2 28 B. Such receiver or trustee, within said one hundred twenty (120) days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. 11.03 Abandonment. Grantee may not abandon any portion of the System without having first given three (3) months written notice to City. Grantee may not abandon any portion of the System without compensating City for damages resulting from the abandonment. City may recover from Grantee, its parent company or subsidiaries for the reasonable cost of removal of the System. SECTION 12. REMOVAL, TRANSFER AND PURCHASE. 12.01 Removal After Exniration and Non-RenewaL or Revocation. A. At the expiration of the term for which the Franchise is granted, and absent renewal or extension, or upon its revocation, as provided for, City shall have the right to require Grantee to remove, at Grantee's expense, all or any portion of the System from all Streets and Public Property within the City. In so removing the System, Grantee shall refill and compact at its own expense, any excavation that shall be made and shall leave all Streets, Public Property and private property in as good a condition as that prevailing prior to Grantee's removal ofthe System, and without affecting, altering or disturbing in any way electric, telephone or utility, cables, wires or attachments. City shall have the right to inspect and approve the condition of such Streets and Public Property after removal. The letter of credit, insurance, indemnity and penalty provision of the Franchise shall remain in full force and effect during the entire term of removal. B. If, in the sole discretion of City, Grantee has failed to commence removal of the System, or such part thereof as was designated, within thirty (30) days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of City's demand for removal is given, City shall have the right to exercise one (1) ofthe following options: 1. Declare all right, title and interest to the System to be in City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or 2. Declare the System abandoned and cause the System, or such part thereof as City shall designate, to be removed at no cost to City. The cost of said removal shall be recoverable from the letter of credit, indemnity and penalty section provided for in the Franchise, or from, Grantee directly. 12.02 Sale or Transfer of Franchise. A. No sale or transfer of the Franchise, or sale, transfer, or change of ownership of or in Grantee, including, but not limited to, a change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, shall take place until a written request has been filed with 874794v2 29 City requesting approval of the sale or transfer, and such approval has been granted or deemed granted; provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness or where the Franchise is transferred to an Affiliate entity under the same common control. B. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 12.02. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. In any event, as used herein, a new "controlling interest" shall be deemed to be created upon the acquisition through any transaction or group of transactions of a legal or beneficial interest ofthirty percent (30%) or more by one Person. C. The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable laws, the following: 1. All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof, subject to confidentiality provisions of applicable laws; and 2. A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the FCC, the FTC, the FEC, the SEC or applicable state departments and agencies. Upon request, Grantee shall provide City with a complete copy of any such document; and 3. Any other documents or information related to the transaction as may be specifically requested by the City. D. City shall have such time as is permitted by applicable laws in which to review a transfer request. E. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subparagraph (A) or (B) of this section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City including, but not limited to, any adequate guarantees or other security instruments required by the City (outlined in the example attached as Exhibit A attached hereto). F. No Franchise may be transferred if City determines Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to City. 874794v2 30 SECTION 13. RIGHTS OF INDIVIDUALS PROTECTED. 13.01 Discriminatorv Practices Prohibited. Grantee shall not deny Service, deny access, or otherwise discriminate against Subscribers, programmers or general citizens on the basis ofrace, color, religion, national origin, sex, age or handicap. Grantee shall comply at all times with all other applicable federal, state and local laws, and all executive and administrative orders relating to non-discrimination. 13.02 Subscriber Privacv. Grantee shall comply with the provisions of 47 U.S.C. S 551 as currently written and as may from time to time be subsequently amended, and with any successor provision, however numbered. SECTION 14. MISCELLANEOUS PROVISIONS. 14.01 Compliance with Laws. Grantee and City shall comply with all state and federal laws and rules regarding cable television as they become effective. Grantee shall also comply with all City ordinances, resolutions, rules and regulations of general applicability heretofore or hereafter adopted or established during the entire term of the Franchise. 14.02 Franchise Renewal. Any renewal ofthis Franchise shall be performed in accordance with applicable federal, state and local laws and regulations. 14.03 Continuitv of Service Mandatorv. Upon expiration and non-renewal or the termination of this Franchise, City may require Grantee to continue to operate the System for an extended period of time not to exceed six (6) months. Grantee shall, as trustee for its successor in interest, continue to operate the System under the terms and conditions of this Franchise. In the event Grantee does not so operate the System, City may take such steps as it, in its sole discretion, deems necessary to assure continued Service to Subscribers. 14.04 Compliance with Federal. State and Local Laws. A. If any federal or state law or regulation requires Grantee to perform any service or act, or prohibits Grantee i.vw performing any service or act, which may be in conflict with the terms of this Franchise, then as soon as possible following Grantee's knowledge thereof, Grantee shall notify City of the point of conflict believed to exist between such law or regulation. B. If any federal or state law or regulation permits Grantee to perform any service or act, or permits Grantee to cease the performance of any service or act, which may be to conflict with the terms of this Franchise, then as soon as possible following Grantee's determination to exercise such permission, Grantee shall notify City of the point of conflict believed to exist between such law or regulation. C. If any term, condition or provision of this Franchise or the application thereof shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision other than those as to whom it 874794v2 31 shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and to be complied with. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. D. If any section, sentence, clause or phrase of this Franchise, or any part thereof, is for any reason found to be inconsistent with the rules and regulations of the FCC or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Franchise or any part thereof. 14.05 Nonenforcement bv City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. Any waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. However, City shall notify Grantee prior to City's insistence on strict performance subsequent to any previously waived breach or delayed compliance. 14.06 Administration of Franchise. A. City shall have continuing regulatory jurisdiction and supervision over the System and Grantee's operation under the Franchise. City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise. City reserves the right to delegate and redelegate from time to time any of its rights and obligations under this Franchise. B. Grantee shall construct, operate and maintain the System subject to the supervision of all the authorities of City who have jurisdiction in such matters and in strict compliance with all laws, ordinances, and departmental rules and regulations consistent with the provisions of the Franchise affecting the System. 14.07 No Recourse Against the Citv. Grantee shall have no recourse whatsoever against City or its officials, agents or employees for any loss, costs, expense, or damage arising out of any provision or requirement of this Franchise, or because of the enforcement of the Franchise. 14.08 Rights Cumulative. All rights and remedies given to City and Grantee by this Franchise shall be in addition to and cumulative with any and all other rights or remedies, existing or implied, now or hereafter available to City and Grantee at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and 874794v2 32 Grantee, and the exercise of one (1) or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 14.09 lncomoration of Attachments. The attachments to this Franchise consisting of Exhibits A through D, as specifically incorporated herein and made a part hereof. 14.10 CaDtions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning or intc~.I:'~etation of this Franchise. 14.11 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance or doing thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of and prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday or legal holiday, that day shall be omitted from the computation. Unless otherwise specifically stated, the calculation of days shall be based upon calendar and not business days. 14.12 Confidentialitv. To the fullest extent allowed by law, City shall keep confidential any information identified as confidential by Grantee, and provided to City by Grantee pursuant to this Franchise. 14.13 Force Maieure. In the event Grantee unavoidably fails to comply with any deadline or schedule contained herein, or unavoidably fails to perform any of the terms and conditions contained herein, without any fault or negligence of Grantee, or by any cause beyond the reasonable control of Grantee, including, but not limited to, unavoidable casualty, unavoidable delay in delivery of required materials, strikes, embargoes, government orders or other requirements, acts of civil or military authorities, acts of God or other emergency conditions, Grantee shall not be deemed in breach of this Franchise and shall be entitled to an appropriate extension of applicable deadlines or schedules. SECTION 15. El'l'ECTIVE DATE AND TIME OF ACCEPTANCE. 15.01 Effective Date. This Franchise shall take effect on the day of 15.02 Time of Acceotance: lncomoration of Pro Dosa I: Exhibits. A. Grantee shall accept this Franchise in a form and substance acceptable to City within thirty (30) days of the adoption of this ordinance unless the time of acceptance is extended by City. Such acceptance by Grantee shall be deemed the grant of this Franchise for all purposes. In the event acceptance does not take place, this Franchise shall be null and void. B. With Grantee's acceptance of this Franchise, Grantee and City shall be bound by all terms and conditions contained herein. 874794v2 33 C. Within thirty (30) days ofthis acceptance, Grantee shall also deliver any performance bond, letter of credit and insurance certificates required herein that have not previously been delivered. Grantee shall also provide a chart showing the current ownership structure ofthe company, including any parent entities, D. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. Grantee shall provide all services and offerings specifically set forth herein. Grantee acknowledges representations, adoption of this made by Grantee, the obligations that all promises, offers, and inducements resulting in the Franchise were freely and voluntarily and Grantee further acknowledges that of Grantee contained herein are commercially practicable. E. The Franchise shall be permanently kept and filed in the office ofthe City Clerk and non-confidential portions of the originals or reproductions thereof shall be available for inspection by the public during Normal Business Hours. Passed and adopted by the City Council on this day of .20_, ATTEST: CITY OF VIRGINIA BEACH, VIRGINIA By: By: Its: Its: Mayor Approved as to Content: k:~cM- - Dept. of CommunIcatIOns and Information Technology Approved as to Legal Sufficiency: A. [ . l.rM} Office of City AttJrbey ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. COX COMMUNICATIONS HAMPTON ROADS, LLC Date: 20 By: Its: SWORN TO BEFORE ME this day of , 20 NOTARY PUBLIC 874794v2 34 EXHIBIT A CORPORATE GUARANTY EXAMPLE THIS AGREEMENT is made this day of 20 , between ("Guarantor"), the City of Virginia Beach, Virginia ("Franchising Authority"), and ("Company"). WITNESSETH WHEREAS, the Franchising Authority has entered into a Cable Television Franchise Ordinance dated . 2005 with the Company pursuant to Ordinance No. ("Franchise"), pursuant to which the Franchising Authority has granted the Company a Franchise, to own, operate, and maintain a Cable System ("System"); and WHEREAS, Guarantor is the parent company of the Company and has a substantial interest in the System and the conduct of the Company in complying with the Franchise and any and all amendments thereof and any agreements related thereto, which Franchise and amendments are hereby specifically referred to, incorporated herein, and made a part hereof; WHEREAS, Section 10.03 of the Franchise requires the Company, as principal, to furnish a Fifty Thousand and Noll 00 Dollars ($50,000.00) letter of credit to ensure the faithful payment and performance of the Company's obligations under the Franchise; and WHEREAS, the Guarantor desires to provide its unconditional guaranty as part of such security fund. NOW, THEREFORE, in consideration ofthe foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby unconditionally guarantees the due and punctual payment and performance of all of the debts, liabilities and obligations of Company contained in the Franchise ("Indebtedness"). This Franchise, unless terminated, substituted, or canceled, as provided herein, shall remain in full force and effect for the duration of the term of the Franchise, except as expressly provided otherwise in the Franchise. Upon substitution of another Guarantor reasonably satisfactory to the Franchising Authority, this Franchise may be terminated, substituted, or canceled upon thirty (30) days prior written notice from Guarantor to the Franchising Authority and the Company. . Such termination shall not affect liability incurred or accrued under this Franchise prior to the effective date of such termination or cancellation. The Guarantor will not exercise or enforce any right of contribution, reimbursement, recourse or subrogation available to the Guarantor against the Company or any other Person liable for payment of the Indebtedness any collateral security 874794v2 A-I therefor, unless and until all of the Indebtedness shall have been fully paid and discharged. The Guarantor will payor reimburse the Franchising Authority for all costs and expenses (including reasonable attorneys' fees and legal expenses) incurred by the Franchising Authority in connection with the protection, defense or enforcement of this guarantee in any arbitration, litigation or bankruptcy or insolvency proceedings. Whether or not any existing relationship between the Guarantor and the Company has been changed or ended and whether or not this guarantee has been revoked, the Franchising Authority may, but shall not be obligated to, enter into transactions resulting in the creation or continuance of Indebtedness, without any consent or approval by the Guarantor and without any notice to the Guarantor. The liability of the Guarantor shall not be affected or impaired by any of the following acts or things (which the Franchising Authority is expressly authorized to do, omit or suffer from time to time, without notice to or approval by the Guarantor): (i) any acceptance of collateral security, guarantors, al;commodation parties or sureties for any or all Indebtedness; (ii) anyone or more extensions or renewals of Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities or other contractual terms applicable to any Indebtedness; (iii) any waiver or indulgence granted to the Company, any delay or lack of diligence in the enforcement of any Indebtednyss, or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any Indebtedness; (iv) any full or partial release of, settlement with, or agreement not to sue, the Company or any other guarantor or other Person liable in respect of any Indebtedness; (v) any discharge of any evidence of Indebtedness or the acceptance of any instrument in renewal thereof or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to protect, insure, or enforce any collateral security; or any modification, substitution, discharge, impairment, or loss of any collateral security; (vii) any foreclosure or enforcement of any collateral security; (viii) any transfer of any Indebtedness or any evidence thereof; (ix) any order of application of any payments or credits upon Indebtedness; (x) any election by the Franchising Authority under ~ 1111 (b )(2) of the United States Bankruptcy Code. The Guarantor waives presentment, demand for payment, notice of dishonor or nonpayment, and protest of any instrument evidencing Indebtedness. The Franchising Authority shall not be required first to resort for payment of the Indebtedness to the Company or other Persons or their properties, or first to enforce, realize upon or exhaust any collateral security for Indebtedness, before enforcing this guaranty. The Guarantor will not assert, plead or enforce against the Franchising Authority any defense of discharge in bankruptcy of the Company, statute of frauds, or unenforceability of the Guaranty which may be available to the Company or any other Person liable in respect of any Indebtedness, or any setoff available against the Franchising Authority to the Company or any such other Person, whether or not on account of a related transaction. Any notices given pursuant to this Franchise shall be addressed to the Guarantor and Company at 874794v2 A-2 and to the Franchising Authority, Mayor and Members of the City Council, City of Virginia Beach, Virginia IN WITNESS WHEREOF, the Company, Franchising Authority, and Guarantor have executed this Corporate Guaranty as of the day, month and year first above written. GUARANTOR: By: Its: COMPANY: By: Its: FRANCHISING AUTHORITY: CITY OF VIRGINIA BEACH, VIRGINIA By: Its: 874794v2 A-3 EXHIBIT B TECHNICAL STANDARDS 1. The Cable System shall be designed, constructed, routinely inspected, and maintained to guaranty the Cable System meets or exceeds the requirements of the most current applicable editions of the National Electrical Code (NFPA 70) and the National Electrical Safety Code (ANSI C2). 2. General Reauirements. Grantee shall use equipment used in high-quality, reliable, modem Cable Systems of similar design. 3. General Descriotion. The Cable System shall provide Subscribers with a technically advanced and reliable Cable System. The System shall operate with a minimum capability of 750 MHz of bandwidth, capable of delivering a minimum of seventy-eight (78) Channels of programming. The System will be two-way active, and it will have a return capacity of37 MHz. The design will provide the benefits of proven seventy-eight (78) Channel electronics while positioning the System for expansion of bandwidth and Channel capacity as technology and future services develop. 4. Design. The design of the System shall be based upon a "Fiber to the node" architecture with a minimum of four (4) fibers to each node site. This architecture will deliver the signals by fiber optics directly to each neighborhood. With a neighborhood group average of only one thousand (1000) homes, the resulting System will have improved reliability while delivering a high quality picture. Grantee will place fiber optic cables throughout the City, delivering the signals to an optical node placed in each neighborhood area. There shall be no more than eight (8) active amplifiers in a cascade from each node to the residential dwelling. The incorporation of stand-by power supplies, strategically placed throughout the System including all hubs, will further reduce the likelihood of Service Interruptions. 874794v2 B-1 REVENUE SOURCE Basic Cable Service Expanded Basic Premium services Pay-Per-Channel Pay-Per- View Installation ShVl'l'~ng Channels Advertising Sales Equipment Rental Administrative Fees Other Income Other TOTAL EXHIBIT C FRANCHISE FEE QUARTERLY REPORT QUARTER ENDED .20 NUMBER OF SUBSCRIBERS GROSS REVENUE 5% FRANCHISE FEE YTD REVENUE SOURCES MAY INCLUDE: [Conform to Cox services and practice - Cable Services only.] INSTALLATION: Standard Installation Additional Outlet FM Service VCR Reconnection of Service NB Switch Relocation Non-Standard Change of Service BASIC CABLE SERVICE: Basic Cable Service Bulk Rates Reduced Promotional Basic 874794v2 Commonly occurring normal Installation Installation on additional sets within a Subscriber's home Separate Installation ofFM Service Installation of Converter to a VCR Reconnection of cable to a Subscriber's address Separate Installation of an NB Switch Moving an outlet within a Subscriber's home Usually Installation of a commercial type of an account Charge for upgrading or switching a premium Service Revenue derived from Basic Cable Service Revenue derived from non-standard billings (i.e., apt. complex) Revenue derived from a discounted Basic Cable Service C-l PAY-PER-VIEW: All Movies Events ADVERTISING: Sales Ad Production Production Income Tape Duplication Bill Stuffer OTHER: Returned Check Fees Pre-wired Cable Purchases Antenna Rental A/B Switch Late Fee OTHER: DOES NOT INCLUDE: Reimbursements Verified and submitted this By: Its: 874794v2 Revenue derived from pay-per-view movies Revenue derived from special events (i.e., concerts, boxing matches, etc.) Revenue generated locally, regionally or nationally Revenue generated from the production of a locally produced commercial Revenue generated from the production of training tapes, studio rentals, personnel fees, or rental income from renting vans or equipment Revenue generated from duplication ofL.O. or access tapes Revenue generated as a result of providing a bill stuffer to an advertiser Revenue generated from charges on returned checks Revenue generated from the sale of Cable Service to Subscribers who pre-wire their home Any revenue derived from renting space on towers Revenue generated from sale of an A/B Switch Revenue generated from receiving a late fee Revenues from the Department of Transportation or other government entities for mandatory relocations of Cable System. Revenue from employee reimbursements for cash advances. day of .20 . C-2 EXuusIT D PEG ORIGINATION POINTS AND SIGNAL PATH DIAGRAM 874794v2 D-l Exhibit D PEG Origination Points and Signal Path Diagrams The following are drawings of the plant routing (Page 0-1 2) and electronics layout (Page 0-1 3) for interconnection of the PEG Channels. In the Plant Routing diagram the dotted line [......] indicates fiber routing; the fiber indicated by the dark line [ "Existing "5" Fiber'1 is joint use fiber bundles where fiber pairs have been dedicated to PEG transport; the fiber indicated by the red line [ "New Fiber'1 is dedicated fiber from splice points of the "5" fiber ring to and from City buildings or insertion points. The Electronics Layout diagram demonstrates the order of interconnection of the electronics to the fiber connection points for provision of the existing PEG channels. Transport of the new digital signals [Sec. 6.07 A] to the "MTC" will be on those same fibers with electronics yet to be specified. Interconnection by other parties can only be achieved by a collocation of that parties' equipment at the location of the "ATC" shown on Page 0-1 2; controllers and digital encoding for provision of the digital channels addressed in Section 6.07 A, will be located at 5200 Cleveland Street, Virginia Beach, VA. Page 0-11 ~ ~ ~ ~ ~ .. ~ i ~ ,~ . :! if ... tl' ::r- Q)& :;, -0 0..- cnt:J cao:-o ::sfll ~ !. G') ~ ~~ So ..... ca- ::-~ O~ ;-- tttO" Ql ::s :=~ :;- - (i) :n~, ~~ (n '" -- (; ~ .aJ >2 6 a ;.. ! , I ! i i~ I ~. , ~ I~ ~... ;~ !~ I ~ , 6 i~ ~I~ l~ .~ IQ ;i 0- ::: fit r i i > ~ 6 ... .:. ~ o ~ ~ (') ~..-~ ~ (II - .:.,~ -~ I Q)!-> ~ W" ~~ ~; ~o"~ 1f1.2 ~ n - z1 ::tl 41 0 ~1 ~ ~!,.I! ~; ~c;...' ~ ~ 0> No l.6nding Page D-1 2 ~ ( !:. it o 1< .,. 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I F ...., I " 2) I ~... ~~= I ;;:..~ I nOz . ! 0 I I -g ~0 I "'8 c> "'2 .. .0 o I: -CO c:n i~~ 0_= , ... cr_ :I < (') z o ~ ... :" ;I, (')..~... ~OO E.C i!i~~ ;0<... m )( 2: lj' == o ." m G') o ::!. f2. :::s ~ - 0- :::s ." 2- ::s ur ~ ::I Co (/) =' ::I e.: ." m - ::r C ar co ~ 3 / ~~, .r:"2~'?;l rl!~"': "'-,~) (!:;_ "',' '." ~z, (('-:i~' '.E~~ ~<':. ' ~~J ~.." .~;:'j .~~~~.& ~~ , , CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance Granting Three Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: May 23,2006 . Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The re~ulations originally prohibited sidewalk cates on Atlantic Avenue between 15th and 24t streets. Council adopted a resolution on March 23, 2004 establishing a pilot program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 20th and 23rd Streets. Based upon the success of the pilot program, Council adopted an ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 15th and 24th Streets. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee is given the option of entering into a five-year franchise agreement. . Considerations: 21 Fun, LLC tla Sharx ("Sharx") successfully operated an open air cafe last year pursuant to a one-year franchise agreement and is seeking a five-year franchise agreement. The Convention and Visitor's Bureau recommends that a five-year franchise be granted to Sharx. TC JR, Inc. tla T-Caspers Bar and Grill ("T- Caspers") and Shrey, Inc. tla Tropical Smoothie ("Tropical Smoothie") are seeking one- year franchise agreements. The Convention and Visitors Bureau recommends that T- Caspers and Tropical Smoothie be granted one-year franchise agreements. . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manager~ tL. ~~ 1 2 3 AN ORDINANCE GRANTING THREE FRANCHISE AGREEMENTS FOR OPEN AIR CAFES IN THE RESORT AREA 4 WHEREAS, by resolution adopted November IS, 1985, City 5 Council authorized the City Manager to promulgate Open Air Cafe 6 Regulations, which have been amended from time to time, for the 7 operation of open air cafes on public property; and 8 WHEREAS, the regulations originally prohibited sidewalk 9 cafes on Atlantic Avenue between 15th and 24th streets; and 10 WHEREAS, Council adopted a resolution on March 23, 2004 11 establishing a pilot program to allow, on an experimental basis, 12 open air cafes on Atlantic Avenue between 20th and 23rd Streets; 13 and 14 WHEREAS, based upon the success of the pilot program, 15 Council adopted an ordinance on March 8, 2005 authorizing 16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 1 7 and 18 WHEREAS, the City Council has traditionally granted initial 19 franchises for one-year terms; and 20 WHEREAS, if an open air cafe is successfully operated 21 during the initial one-year term, the franchisee is given the 22 option of entering into a five-year franchise agreement; and 23 WHEREAS, 21 Fun, LLC t/a Sharx successfully operated an 24 open air cafe last year pursuant to a one-year franchise 25 agreement and is seeking a five-year franchise agreement; and 26 WHEREAS, based upon 21 Fun, LLC t/a Sharx's successful 27 operation of an open air cafe, the Convention and Visitors 28 Bureau recommends that 21 Fun, LLC t/a Sharx be granted a five- 29 year franchise agreement; and 30 WHEREAS, TC JR, Inc. t/a T-Caspers Bar and Grill and Shrey, 31 Inc. t/a Tropical Smoothie are seeking one-year franchise 32 agreements; and 33 WHEREAS, the Convention and Visitors Bureau recommends that 34 TC JR', Inc. t/a T-Caspers Bar and Grill and Shrey, Inc. t/a 35 Tropical Smoothie be granted one-year franchise agreements. 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH: 38 That the City Council hereby grants a five-year franchise 39 agreement to 21 Fun, LLC t/a Sharx and one-year agreements to TC 40 JR, Inc. t/a T-Caspers Bar and Grill and Shrey, Inc. t/a 41 Tropical Smoothie for the operation of open air cafes in the 42 resort area, subject to the terms and conditions of all 43 ordinances, resolutions, and regulations applicable to open air 44 cafes. 45 Adopted by the City Council of Virginia Beach, Virginia on this 46 47 48 49 50 day of , 2006. APPROVED AS TO CONTENTS: SU CIENCY: APPROVED AS TO LEGAL -"'~ V~s~tors )-" 2. ~l1A111 City Attorney,~IOffice CA10032 H:\PA\GG\OrdRes\Proposed\Open Air Cafe Franchises II ord.doc R-1 May 11, 2006 / " , ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM / Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement (Property of John A. Baum) MEETING DATE: May 23, 2006 . Background: On November 4, 1998, John A. Baum, the owner of a parcel of land located on Crags Causeway, placed the property in the City's Agricultural Reserve Program (ARP). As part of the transaction, the property owner reserved, for future development, two (2) three-acre building sites. Mr. Baum now desires that the City release the ARP easement from the reserved site known as Easement Exception Site C-1 and, in exchange, place the easement on another portion of the property not presently under an ARP easement. . Considerations: The attached preliminary subdivision plat shows the areas that would be exchanged. The respective areas overlap and are approximately equal in area. The appraiser who appraised the property for the original ARP purchase has stated by letter dated April 13, 2006 that there is no difference in the market value of the two sites. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by the applicant and states that the City Council shall allow such exchanges under certain conditions. Those conditions, which are set forth in the attached ordinance as findings of the City Council, are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute a Deed of Release and Exchange pursuant to which the 3-acre exception site reserved for future development is exchanged for another reserved site. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be placed under the ARP Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. . Public Information: No special form of advertising is required . Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. . Recommendations: Adoption of the ordinance allowing the exchange of reserved sites. . Attachments: Ordinance Plat Recommended Action: Approval Submitti~g DepartmentlAgen~y: Agriculture Department ;\ ~ City Manager:~ L, ~~ ~ 1 2 3 4 5 6 7 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF RELEASE AND EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT LOCATED ON LAND OF JOHN A. BAUM 8 WHEREAS, on November 4, 1998, the City of Virginia Beach 9 (hereinafter the "City") and John A. Baum (hereinafter "Baum") entered 10 into Installment Purchase Agreement Number 1998-22, whereby the City 11 acquired an Agricultural Lands Preservation Easement (hereinafter 12 "Preservation Easement") upon certain property owned by Baum; and 13 WHEREAS, as part of the aforesaid transaction, Baum reserved for 14 future development a portion of property having an area of 3.000 acres, 15 more or less, such that the Preservation Easement does not encumber the 16 reserved area; and 17 WHEREAS, Baum desires to exchange an area of land not encumbered by 18 the Preservation Easement for an equal area of land which is to be 19 encumbered by the Preservation Easement, as shown on the attached plat 20 enti tled "EXHIBIT SHOWING PROPOSED RELOCATED EASEMENT EXCEPTION FOR SITE 21 C-1 ON PROPERTY STANDING IN THE NAME OF JOHN A. BAUM (D.B. 1537, PG. 22 131) (M.B. 175, PG. 23) FOR CITY OF VIRGINIA BEACH AGRICULTURAL RESERVE 23 PROGRAM" Scale 1" = 100', dated April 4, 2006, and prepared by Mel Smith 24 & Associates; and 25 WHEREAS, pursuant to Section 11 of the Agricultural Lands 26 Preservation Ordinance (hereinafter "Ordinance"), a landowner may 1 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 peti tion the City Council for the extinguishment of a Preservation Easement in exchange for the conveyance to the City of a Preservation Easement on a different portion of the landowner's property, under certain conditions set forth in the Ordinance; and WHEREAS, the Ordinance provides that the City Council shall approve such an exchange if it makes certain findings enumerated in the Ordinance; and WHEREAS, the City Council does hereby make such findings, to-wit: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 2 50 That subject to the determination of the City Attorney that there 51 are no defects in title to the property to be placed under the 52 Preservation Easement or other restrictions or encumbrances thereon 53 which may, in the opinion of the City Attorney, adversely affect the 54 City's interests, the City Manager be, and hereby is, authorized and 55 directed to execute a Deed of Release and Exchange pursuant to which the 56 City releases the existing Preservation Easement on a portion of the 57 property, as shown on the aforesaid survey, and acquires, in exchange 58 therefore, land equal in area to be placed under the Preservation 59 Easement, as shown on such survey. 60 Adopted by the City Council of the City of Virginia Beach, 61 Virginia, on this day of , 2006. CA-9874 X:\OIDIREAL EST A TElARPlBaum-Exchangelarpexchangeordin. doc R-1 May 11, 2006 APPROVED AS TO CONTENT: SUFFICIENCY: \ \ \ \}), ~W~}.; Agri~ulture Dept.\ \ APPROVED AS TO LEGAL ~~Mt:w City Attorney's Office 3 I. Melvyn R. Smith. a Certified land Surveyor. do hereby certify that this plat was made by me.. the undersigned. at the direction of the owner. and that the property shown hereon' is true and correct to the best of my knowledge. This survey has been prepared in accordance with the minimum standards for a survey as defined by the Commonwealth of Virginia Board of Architects. Prof~G" ",EQgineers. land Surveyors and Landscape Architects. ~ ~':.~~.;'" ~{{~;\, MeV" Smitft)L~~'~ N" ;.1386 ""r ~~ ~. 1. THIS PLAT DOES NOT CONSTITUTE A SUBDMSION OF LAND;.~iir:.. ' i5;,:!..." I ~I 2. THIS PLAT DONE WITHOUT THE BENEFIT OF A TITLE REPORT. \ (i~~~'.... '.... . . ~i~.l ... .;t 3. MERIDIAN OF THIS PLAT IS BASED ON VIRGINIA STATE PLANE <"\/\:" \ ,-tl.~ COORDINATE SYSTEM, SOUTH ZONE, HAD 83/86.' :':"~~f.l" ,,~, w''''1''~?:'f? (D ~'lit,,:..., '..,i'\t.~..,>,'~.k~ 0 LEGEND N 3374557.989'~"~ ~ ' E 12187602.620/' /, ~ o IRON PIN SET \ ' . / - / \ ~ ~ / \ ~ ~ // I ~ ~ S0304Q'23-E \ () CD / 323.43' ~ / \ ~ ~ PROPOSED RELOCA lFO ~ 0:: N43034'34-E / EASEMENT EXCEPTION \ a:-g 660.02' / SITE C-1 () '-" / EASEMENT AREA = 130683 SO FT OR 3.000 AC;) / / / ~-----------7-rN 3374135.222 / / EASEMENT LINES / // HEREBY VACATED ~/ 1 ~ 12187623.340 / / / _______ \ S03'40'23"E / // /, 323.43' ~ / / ~~'3rW ~ / 440.47' // /... --------- ';/ O~ / / EXISTING \ /" 0-0 s<<.'\\ 0) / / EASEMENT EXCEPTION \ / "S,\\ 1-C; \ 'J'I / SITE C-2 \ //N~1~~6-W S1-~ \ (/<<.0\ , 'i' (D.B..J978, PG.7579) \ / . S~s~ c)~, // EXHIBIT \ / ~ASEMENT LINES Str-S ~)0 '-,/> SHOWING PROPOSED \ / HEREBY VACATED \9' / RELOCATED EASEMENT EXCEPTION /7 L FOR SITE C-1 <-- . N/F ON PROPERTY STANDING IN THE NAME OF "- JOHN A. AUM JOHN A. BA UM D~B.1537(PG.131 (D.B. 1537. PG. 131)(M.B.175, PG.23) M.B.175, PG. 23 FOR / CITY OF VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM . IRON PIN FND N/F JOHN A. BAUM D.B.1537, PG.131 M.B.175, PG. 23 N GPIN 7387-52-4939 .~ j' is is V) . I ~mll ~ ~ OJ \5 c;:, ~ " s: <: "- "- "- "- "- "- "'-.,/ (;pIN 1387-52-4939 GRAPH1'6 SCALE SCALE I l' = 100' Scale: 1-=100' Virginia Beach April 4, 2006 Virginia 100 , 50 o 100 , feet _ Y!~NE~WlH s~v~~gC~!J~N( E5i 968 So J:RlDLE DRIVE, SUITE 201 V1rgIrIk iKc:h, VIrgInIo. ~:51 Phone 057> 422....983 CHK'D I CAD PROJ, NO. I 2006. DRAW'N I CDC scale / , '- , ~ ' ''.:: ~.;J "i.':;..~~ CITY OF VIRGINIA BEACH AGENDA ITEM ./ ITEM: An Ordinance Authorizing the City Manager to Execute a Management and Operating Agreement with APV A Preservation MEETING DATE: May 23, 2006 . Background: The Lynnhaven House is a circa 1725 historic house that is listed on the National Register of Historic Places. In 1971, the Oliver family donated the Lynnhaven House to the Association for the Preservation of Virginia Antiquities (APVA). The APVA acquired the adjacent property and undertook a restoration of the historic building. They opened it to the public in the 1970's. The APVA, through their local southeastern branch, has operated the Lynnhaven House by opening the site for tours and special programs May through October through 2005. They have also provided field trip opportunities for school children and have presented special events during other months of the year. Recently, the Lynnhaven House Board has raised money through private contributions to construct a "Colonial Education Center" on the site. It is nearing completion. The APVA has become APVA Preservation Virginia, with the mission and purpose of the organization becoming more aligned with promoting broader preservation initiatives and less involved in management and operation of historic sites. . Considerations: The APVA Preservation Virginia Board of Directors and the City of Virginia Beach City Council have agreed to move forward with the permanent transfer of the Lynnhaven House and property to the City. It is uncertain how long the sale transaction will take. The regular operating season for the Lynnhaven House begins in May. The Management and Operating Agreement will allow the City, through the Department of Museums and Cultural Arts, to assume responsibility for the daily operations of the Lynnhaven House at the beginning of the season so there will be a smooth transition once the sale transaction is completed. Funding for operations in FY07 has been recommended in the City's operating budget. For the balance of FY06, Museums and Cultural Arts can cover operating expenses and the expenses related to routine building maintenance within current appropriations. Landscape Services will also provide landscape maintenance within their FY06 appropriation. . Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. . Alternatives: Wait until the sale transaction is completed before City assumes responsibility for regular operations. . Recommendations: Adoption of ordinance. . Attachments: Agreement Ordinance, Summary of Terms, Management and Operating Recommended Action: Adoption Submitting Department/Agency: Museums and Cultural Arts City Manager: ~ ~, d-sln'\. Management and Operating Agreement between the City of Virginia Beach ("City") and APV A Preservation Virginia ("APV A") SUMMARY OF TERMS Purpose: Outlines the terms for Department of Museums and Cultural Arts to manage and operate the Lynnhaven House (''House'') while the sale of House to the City is pending. Premises: The House is located at 4405 Wishart Road, Virginia Beach, Virginia Term: Effective upon execution by City Manager and shall terminate either on the date the sale transaction is finalized or on March 30, 2007, whichever occurs first. Responsibilities of the City: . Operate and manage the House and its contents, provide all labor and materials necessary for day-to-day operations, routine maintenance, security, utilities, programming, landscape maintenance, marketing and related services. All costs and expenses associated with these services to be paid by City. . Operate the House gift shop and retain all revenues from admission to the House and gift shop sales. . Maintain House in accordance with accepted professional standards for operation, management, preservation, and curation of historical properties. . May develop programming and marketing materials for use at House. Responsibilities of APV A: . Relinquish House's gift shop inventory to the City. . Monitor the operations of the House. . Responsible for major repairs and improvements to the House, as deemed necessary by APV A after consulting with City. . Maintain ownership of all programming and marketing materials. 1 2 3 4 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AND OPERATING AGREEMENT WITH APVA PRESERVATION VIRIGINIA 5 WHEREAS, APVA Preservation Virginia, a Virginia corporation 6 exempt from taxation under Section 501 (C) (3) of the IRS Code, 7 owns and manages the Lynnhaven House, a historic property 8 located at 4405 Wishart Road in Virginia Beach, Virginia; and 9 WHEREAS, APVA is currently negotiating with the City to 10 enter into a purchase/sale agreement that would transfer 11 ownership of the Lynnhaven House to the City; and 12 WHEREAS, while the sale transaction is pending, the City 13 and APVA desire for the City to assume responsibility, through 14 the Department of Museums and Cultural Arts, for the operation 15 and management of the Lynnhaven House; and 16 WHEREAS, in furtherance of that objective, the City and 17 APVA wish to enter into a management and operating agreement 18 whereby the City shall be responsible for operating and 19 maintaining the Lynnhaven House, providing all labor and 20 materials necessary for the day-to-day operations, routine 21 maintenance, security, utilities, programming, landscape 22 maintenance, marketing, and related services. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH: 25 That the City Manager ~s hereby authorized to execute the 26 Management and Operating Agreement with APVA Preservation 27 Virginia. 28 Adopted by the City Council of Virginia Beach, Virginia on 29 this day of , 2006. APPROVED AS TO CONTENTS: (~t/f7'1rI/~' ~?~ MUseUms and Cultural Arts CA10025 H:\PA\GG\OrdRes\Proposed\Lynnhaven R-l April 28, 2006 APPROVED AS TO LEGAL SUFFICIENCY: , _.1.'. [. ft~/Y1 City Attorney's'Office House 1 ~ -3L~J LOCATION MAP CIP PROJECT #2-072 FIRST COLONIAL RD.I VA. BEACH, BLVD. INTERSECTION IMPROVEMENTS o I 800 ,._ .,---1 Feet -~ ~ Preoared bv P.W./EnQ./Eng. Support Services Bureau 5/16/06 ~ 200 400 X:\Projects\ARC Files\Agenda Maps / ~ rr~~;~ ~.t::f""_.' ...%, (~.,;;,~!'.......'-,..:"-C.,, ~..." (t-:".,_",,, ',,'.. ~7.) ~~i~< ' '.i~$ (:~~~: ..~jf ~.~",.. ~~~J '\ , CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: First Colonial Road / Virginia Beach Boulevard Intersection Improvements, CIP #2-072, Utilities CIP #5-140 and CIP #6-067 Authority to Acquire Property and Easements (Temporary and Permanent) by Agreement or Condemnation MEETING DATE: May 23,2006 . Background: The First Colonial Road / Virginia Beach Boulevard Intersection Improvements Project (CIP 2-072) is programmed in the FY 2000/01 CIP. Total programmed costs are $16,398,000 through FY 2009/10. Total appropriations to date are $6,052,131. The project will increase the capacity of the intersection with the addition of turn lanes and signalization improvement. In addition, the project will provide for enhanced aesthetics and existing utility betterments. This project complements and enhances the recently completed Oceana Boulevard project and the programmed VDOT project to improve Laskin Road and First Colonial Road from Laskin Road to 1-264. . Considerations: The design phase is complete and plats are being finalized to begin right of way acquisition. Right of way and easements are required from 77 parcels. There will be 17 total purchases where acquisition of the entire parcel is necessary. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. . Public Information: Citizen Information Meetings were held on January 27 and November 17, 2004. Newspaper advertisement of City Council Agenda will include this agenda item. . Alternatives: Deny the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the First Colonial Road / Virginia Beach Boulevard Intersection Improvements project, CIP 2-072. . Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the First Colonial Road / Virginia Beach Boulevard Intersection Improvements project, CIP 2-072. . Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public WO<1<slReal Estate p ~ City Manager~. ~ \L t~~ 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR RIGHT OF WAY FOR FIRST 4 COLONIAL ROAD / VIRGINIA BEACH 5 BOULEVARD INTERSECTION IMPROVEMENTS, 6 CIP #2-072, UTILITY CIP #5-140, CIP 7 #6-067 AND THE ACQUISITION OF 8 TEMPORARY AND PERMANENT EASEMENTS, 9 EITHER BY AGREEMENT OR CONDEMNATION 10 11 12 WHEREAS, in the opinion of the Council of the City of Virginia 13 Beach, Virginia, a public necessity exists for the construction of 14 this important roadway project to improve transportation within the 15 City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and 17 for the welfare of the people in the City of Virginia Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 Section 1. That the City Council authorizes the acquisition 21 by purchase or condemnation pursuant to Sections 15.2 -1901, et 22 seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 23 Virginia of 1950, as amended, of all that certain real property in 24 fee simple, including temporary and permanent easements and entire 25 tracts upon which such rights of way or easements shall be located, 26 within the limitations and conditions of Section 33.1-91 of the 27 Code of Virginia of 1950, as amended (the "Property"), as shown on 28 the plans entitled "First Colonial Road / Virginia Beach Boulevard 29 Intersection Improvements CIP #2-072, Utility CIP #5-140, CIP #6- 30 067," (the "Project") and more specifically described on the 31 acquisition plats for the Project (plats and plans collectively 32 referred to as the "Plans"), the Plans being on file in the 33 Engineering Division, Department of Public Works, City of Virginia 34 Beach, Virginia. 35 Section 2. That the City Manager is hereby authorized to make 36 or cause to be made on behalf of the City of Virginia Beach, to the 37 extent that funds are available, a reasonable offer to the owners 38 or persons having an interest in said Property. If refused, the 39 City Attorney is hereby authorized to institute proceedings to 40 condemn said Property. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the day of 2006. CA q<llS PREPARED: 03/22/06 x:/oid/realestate/acqlw-c/acq ord CA9875 FColonial Ord.doc APPROVED AS TO CONTENT C\ra.....~u C. ~.$I+L ~';URE /'b) Roo E.slak DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM llt1la~ . CITY ATTORNEY W,\PW Common Data\Templates\Real Estate Forms\COUNCIL . GENERAL FORMS\Ordinance for Projects that Include Entire Takes.doc LOCATION MAP ~ ENCROACHMENT REQUEST FOR ~~ HERITAGE PARK, LLC HERITAGE PARK DRIVE AND SANDBRIDGE ROAD /~ -0 200 400 r Feet 800_________ I ~ < - ./ [)..___.._~ .....". O\AIIC__ Ie........ CII....rt.._.... C.o.p\,i".o.~ Cllr.o.~11 c;,/?/n~ Y.\Drn;o,..tC!\.tl.R(" J:iloC!\.tl.nonn<:o M<:onc::\Hprit~np P::Irk 5/2/06_mxd /' ~~& M~~~' 0:' ~". , _~Sl ~1ii",~'_l~~ ci".!!"'" ;;> l.:'t.;..., ~!1 ~':--:::::::?X/ ~~J , " CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Request for Temporary Encroachments into the portions of City rights of way known as Heritage Park Drive and Sand bridge Road from Heritage Park, LLC. MEETING DATE: May 23, 2006 . Background: Heritage Park, LLC has requested permIssion to construct and maintain a subdivision sign, 2" PVC conduits for an irrigation line and 2" PVC conduits for an electrical line, into portions of the City rights of way known as Heritage Park Drive and Sandbridge Road. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City's rights of way. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat and Pictures. Recommended Action:, Approval of the ordinance. Submitting Department!Agency: Public Works/~al Estate ""4.n City Manager:~ ~ I ~~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORI ZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF CITY RIGHTS-OF- 6 WAY KNOWN AS HERITAGE PARK 7 DRIVE AND SANDBRIDGE ROAD BY 8 HERITAGE PARK, LLC, ITS 9 HEIRS, ASSIGNS AND SUCCESSORS 10 IN TITLE 11 12 WHEREAS, Heritage Park, LLC, a Virginia limited liability 13 company, desires to construct and maintain a subdivision sign, 14 2" PVC conduits for an irrigation line and 2" PVC conduits for 15 an electrical line into portions of City rights-of-way known as 16 Heritage Park Drive and Sandbridge Road. 17 WHEREAS, City Council is authorized pursuant to ~Hi 15.2- 18 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 19 authorize temporary encroachments upon the City's rights-of-way 20 subject to such terms and conditions as Council may prescribe. 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof 24 contained in ~& 15.2-2009 and 15.2-2107, Code of virginia, 1950, 25 as amended, Heritage Park, LLC, a virginia limited liability 26 company, its assigns and successors in title are authorized to 27 construct and maintain temporary encroachments for a subdivision 28 sign, 2" PVC conduits for an irrigation line and 2" PVC conduits 29 for an electrical line into portions of the City rights-of-way 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 as shown on the maps marked Exhibit ~A", ~B", ~C", ~D" and ~E" and entitled: ~SIGN ENCROACHMENT EXHIBIT FOR HERITAGE PARK VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subj ect to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Heritage Park, LLC, a Virginia limited liability company, (the ~Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Heritage Park, LLC, a Virginia limited liability company, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, the day of 2006. on 2 CA-9877 PREPARED: 4/24/06 APPROVED AS TO CONTENTS ~.s: C. CR1J.L\5 d'v\.. R1? S~NATURE P11) Rrlid F5M~_ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM tuLw- Q. tLh~ . CITY ATTORNEY X:\O ID\REAL EST A TE\Encroachments\PW Ordinances\CA9877 Heritage Park, LLC.doc 3 PREPARED BY VIRGINIA BEACH CITY A ITORNEY'S OFFICE EXElVil' IJ::.D FROM RECORDATION TAXES UNDER SECTION 58.I-811(e) (4) THIS AGREEMENT, made this 21st day of March, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and HERITAGE PARK, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "DAVID B. HILL JR. ET ALS", as shown on that certain plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 176, at page 16; and being further designated and described as GPIN 2413-59-9454, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a subdivision sign, 2" PVC conduits for an irrigation line and 2" PVC conduits for an electrical line, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of City rights-of-way known as Heritage Park Drive and Sandbridge Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN (CITY RIGHT OF WAY - NO GPIN REQUIRED) 2413-59-9454,2414-40-7792 and 2413-79-3139 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on those certain plats entitled: "SIGN ENCROACHMENT EXHIBIT FOR HERITAGE PARK," copies of which are attached hereto as Exhibits "A", "B", "C", "D", "E" and "F" and to which references are made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and agains~ all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability 3 insurance in an amount not less than $500~OOO.OO, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the subdivision sign may not exceed: thirty-two (32) square feet per face; two (2) faces; six (6) feet above the natural grade at the curb. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time 4 ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Heritage Park, LLC, a Virginia limited liability company, has caused this agreement to be executed on its behalf by Joseph Coker, Jr., Member of Hill Farm Development Company, L.L.C., a Virginia limited liability company, Sole Member(s) of Heritage Park, LLC., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) AllhST: City Clerk HERITAGE PARK, LLC, a Virginia limited liability company, By: Hill Farm Development Company, L.L.C., a VIrginia limited liability company, Sole Member, /;1. /./7/-) // I ./; I:' / '~1/ .,/" By: ~~ v-JX1L1 ",L!0' >~~':.-1of.~,~h Coker, Jr.~ ~ber / v G/ './ 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200 ,by DESIGNEE OF THE CITY MANAtib.K. , CITY MANAGER! AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200 . by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGIN~ cL/ /' CITY/GOUNTYOF~~~wit: 1 The fOre~g instrument was acknowledged before me this 02/ ~y of Yfi,4 ,200 L , by Joseph Coker, Jr., Member of Hill Farm Development Company, I L.L.C., a Virginia limited liability company, Sole Member on behalf of Heritage Park, LLC, a Virginia limited liability company. U.dtJ.~ / Notary Public My Conumssion Expires: ~;h 00,/ 6 APPROVED AS TO CON IbNTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM \d[lJD'~ ~ C -c-)Z.WS t",\ SIOOA TURE PiLl Rfui FdeaF DEPARTMENT X:\OID\REAL EST A TE\Encroachments\PW Ordinances\CA9877 Heritage Park, LLC Encroachment Agreement.doc .:KB. .. Q.LuhJttw lJ 7 EXHIBIT "A" ~ \~ \\ .~ 't.~~ ~ ~ i"i" ',\\ t>'\ -ci"~ / 40n nY /~ _._.,..... __.J . - -..- - /"". ~~'i~9' / _ ~~/~ .'\ -~ -? -- R=25.00' -- ~J\ L=39.31' J TRENCHED 2" PVC > CONDUIT FOR :::: IRRIGATION LINE '- SANDBRIDGE ROAD J.1 RELOCA TED : ~ A (VARIABLE WIDTH R/W ~ RESERVATION) ~I "1- Zr .U=- MA TCHLINE SEE SHEET C2 SANOBHmGE" ROAD (VAN R/IIj (AlB 76; P 13) (AlB 25~ P 34) S 57'21 '57" F ~ ...-'A'I ~~' C' J:;,."C'''''" C' ..- . - -' - - ~ ~ ~ ~ ~ T I s- I ~ ..,., R=25.00' L=39.27' TRENCHED 2" PVC CONDUIT FOR IRRIGATION UNE ;' t ,- BORED 2" PVC CONDUIT FOR IRRIGATION LINE SIGN ENCROACHMENT EXHIBIT FOR HERITAGE PARK VIRGINIA BEACH, VIRGINIA DATE: 2/1/06 SCALE: 1"=50' PROJ. NO: 99007A .-.- lV1:SA~ P .c. Environmental Sciences. Geosciences. Planning Surveying' Engineering. Landscape Architecture 5033 Rouse Drive, Virginia Beach, V A 23462 757-490-9264 (Of c) 757-490-0634 (Fax) I www.msaonline.com I I Offices In Virginia Beach & Eastville, V A ., EXHIBIT "B" TRENCHED 2- PVC CONDUIT FOR IRRIGATION UNE OPEN SPACE 1 530,124 SQ. FT. 12.170 ACRES GPIN: 2414-40-7792 BORED 2- PVC CONDUIT FOR ELECTRIC UNE MA TCHLINE SEE SHEET C1 A (1- ~ "F;- PROPOSED S'IGN 1# ~ & LANDSCAPING I I R=50.00' L=20.63' r~ PARCEL A 4,026,945 SQ. FT. 92.446 ACRES GPIN: 2413-79-3139 BORED 2- PVC CONDUIT FOR ELECTRIC UNE TRENCHED 2- PVC CONDUIT FOR IRRIGATION UNE BORED 2- PVC CONDUIT FOR IRRIGATION UNE t?.:::::,..s: 1.':::::".360.00 ' .8.:]. ~,.. oJ_ 8. ~ ,- - .1 I - I I " ....r , IlIIl I rIM 1-" ~1'1 ,... ... lVlSA., P .C. Environmental Sciences. Geosciences. Plan'ning Surveying' Engineering. 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I I -.' I -:. I ! .', I. _ :' I~ . ~ ~ - - -. - - . .. , ~ ~::' . I- ~ BORED 2- ~VC CONDUIT ~. I. MATCHUNE . SEE SHEET C5 \ \ SIGN ENCROACHMENT EXHIBIT FOR HERITAGE PARK VIRGINIA BEACH, VIRGINIA DATE: 2/1/06 SCALE: 1 "=50' PROJ. NO: 99007 A . l\I1SA"> P -C. Environmental Sciences' Geosciences. Plan'ning Surveying. Engineering. Landscape Architecture 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264 (Of c) 757-490-0634 (Fax) www.msadnline.com I I Offices in Virginia Beach & Easlville, V A -' EXHIBIT "E" MA TCHLlNE SEE SHEE~ C4\. .J~ Ii! . '\ \ I \. \ \ \t\...\\. .\ TRENCHED 2- PVC CONDUIT FOR IRRIGA nON UNE . \ ' t-U) -q-l.J...w .0:: OOC,) U)<( Zmm OLON' <Ooo m' I'T"" . \ \ \ \ 1\ \' \\ I \\,. \I \\ \ \ , lRENCHED 2- PVC CONDUIT FOR IRRIGA nON UNE .....=U) It)l.J...w '0:: og~ ZON OI'T"" Q.. oo. ~ LOT"" <0 ,\",' \ I I~ -' U UJ ~-~ co 1\ LL. " . .- - . I L.' p.~, .... .' . .....r,-:- -,: ..' ..... '.' .' ',', ~ '. u'j,"'~ tf4 , ;h \~ TRENCHED 2- PVC CONDUIT FOR IRRIGA nON UNE //11// ./, I ry'?J v ) SIGN ENCROACHMENT EXHIBIT FOR HERITAGE PARK VIRGINIA BEACH, VIRGINIA DATE: 2/1/06 SCALE: 1 "=50' PROJ, NO: 99007 A " lV1:SA.~ P.c. Environmental Sciences. Geosciences. Planning Surveying. Engineering' Landscape Architecture 5033 Rouse Drive, Virginia Beach, V A 23462 757-490-9264 (Of c) 757-490-0634 (Fax) www.m~aon[ine.c:om Offices in Virgima Beach & Eastville, V A ~ IDENTlFICATI~~LE:~~NAGE DETAIL, \ FINISH GRADE MIN. 3" SHREDDED HARDWOOD MULCH 3" COMPACTED EARTH SAUCER (NOTE: IN PLANTING BEDS, EUMINA TE THE COMPACTED EARTH '" '" '" . '. '.' . . SAUCER AND COVER ALL BEDS WITH "':":':":'::':":'::':":':::E~II': 3" OF MULCH, MIN.) .:. .:. '. .:.:. .:.:.' 31 r: ' . . :.::.:.:......:~.:: . EXISTING GRADE .............. -II ....... -.' ..... .'. . '. ::':":':':":':':":':.:.:., - JII ~:.::.~::":.'.':~":""'" ":':":":'::'::'::::::::::::::::::~ f* 1:=1'-11-'- -~I~II OJ' -TTT-TTT_ffi_T1t::::::::1I I_TTT_II _ I"' I TWO TIMES I- BALL DIAMETER -- NOTE: 1. ALL PLANTS ARE TO BE GUARANTEED FOR ONE YEAR BEGINNING ON THE DATE OF INSPECTION BY A/E TO COMMENCE THE PLANT ESTABUSHMENT PERIOD. 2. PLANTING SOIL MIXTURE: TWO PARTS TOPSOIL, 1/2 PART COMPOST, AND 1/2 PART MANURE (WELL ROTTED, HORSE OR CA TILE MANURE FREE OF STONES, STICKS AND SOIL; CONTAINING A MAXIMUM 25 PERCENT BY VOLUME OF STRAW, SAWDUST, OR OTHER BEDDING MATERIALS.). THOROUGHLY MIX ALL PARTS OF PLANTING SOIL MIXTURE TO A UNIFORM THROUGHOUT. SHRUB PLANTING DETAIL ~XHIBIT "F" lS" X 1S" X 4' HT. - STONE COLUMN W/ f- S' _ I _ CONCRETE CAP (TYP.) ------0 i 'MiITE VINYL SPUT RAIL FENCE Y./ S' HT. STONE WALL / 3/S" THK. PIN MOUNTED LETTERS 5' HT. STONE WALL WHITE VINYL SPUT RAIL FENCE 18" X 18" X 4' HT. STONE COLUMN W/ CONCRETE CAP (TYP.) ( "--- J .... zJ :i ~t SCALE: NONE SIGN ENCROACHMENT EXHIBIT FOR HERITAGE PARK VIRGINIA BEACH, VIRGINIA DATE: 2/1/06 SCALE: 1"=50' PROJ. NO: 99007A , 20' .' 5' -J o ---, A ,.,. 0- - 8" WA TERUNE PLANTING SOIL MIXTURE REMOVE BURLAP FROM TOP 1/3 OF ROOTBALL TAMPED PLANTING SOIL MIXTURE TO PREVENT SETTlING lV1SA~ P .c. Environmental Sciences. Geosciences. Planning Surveying' Engineering' Landscape Architecture 5033 Rouse Drive, Virginia Beach, V A 23462 757-490-9264 (Of c) 757-490-0634 (Fax) www_msaonline_com Offices in Vlrgmia Beach & Eastville, V A f' )/ ~ ~ ;z u)o ~~ -0 ~cC W:5 -:::t(/) / ~-~~.~~ ...~.:. .... ;f~t (f:: -. :. ~ <oli,,'..t ~~ '.1; =.~ ~\".....".;.I.1J ~~>~ ~ '\ , CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Transfer $395,340 Within the Police Department's FY 2005-06 Operating Budget to Meet the Requirements of the Department of Justice Consent Decree and. to Conduct Validation Studies of the Police Department's Recruiting Tests MEETING DATE: May 23,2006 . Background: The Department of Justice brought civil action against the City of Virginia Beach's Police Department alleging that the City's use of a mathematics test in their employee selection process discriminated against or deprived minorities of employment opportunities based on their race and national origin. In complianc~ with the Department of Justice Consent Decree, the City of Virginia Beach will provide a Settlement Fund in the amount of $172,240 to African American and Hispanic claimants entitled to monetary relief under the Consent Decree. The Consent Decree also requires media advertising in the Virginia Beach area and New York City area relating to the provisions of the Consent Decree. These advertising costs have been determined to be $23,100. The Police Department intends to have independent validation studies conducted on the written and physical agility tests used as part of the police officer selection process. Preliminary estimates indicate that these studies may cost as much as $200,000 based on consultant fees associated with this specialized work. . Considerations: The total cost to address the above-mentioned issues is $395,340. The City intends to provide funding from vacancy savings within the Police Department's FY 2005-06 Operating Budget. . Public Information: Public information will be handled through the normal Council Agenda public information process. . Recommendations: It is recommended that $395,340 be transferred from the Police Department's FY 2005-06 Operating Budget to meet the requirements of the Department of Justice Consent Decree and fund the validation studie~. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: ~ ~ , ~6\'lt 1 AN ORDINANCE TO TRANSFER $395,340 WITHIN THE 2 POLICE DEPARTMENT'S FY 2005-06 OPERATING 3 BUDGET TO MEET THE REQUIREMENTS OF THE 4 DEPARTMENT OF JUSTICE CONSENT DECREE AND TO 5 CONDUCT VALIDATION STUDIES OF THE POLICE 6 DEPARTMENT'S RECRUITING TESTS 7 8 9 WHEREAS, the Police Department has identified $395,340 within 10 its budget from savings due to vacancies to meet the requirements 11 of the Department of Justice Consent Decree and to conduct 12 validation studies of the Police Department's recruiting tests. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 That $395,340 is hereby transferred within the Police 16 Department's FY 2005-06 Operating Budget to establish a Settlement 17 Fund and provide media advertisement by order of the Department of 18 Justice Consent Decree and to conduct validation studies of the 19 Police Department's recruiting tests. 20 Requires an affirmative vote by a majority of the members of 21 the City Council. 22 23 24 Adopted by the Virginia, on the Council day of of the City of Virginia , 2006. Beach, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~A Manage~ent /Services ""-- ,~~, f,I(,_i~/A~_ City Attorney's o&ffice CA10030 X:\PA\GG\OrdRes\DOJ Consent Decree ORD R-3 May 10, 2006 L. PLANNING/NO ACTION 1. Application of Bobby Daniels, Faith for Deliverance Outreach Center for a Conditional Use Permit for a church at 649 Newtown Road, Unit 103. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: REFER TO PLANNING COMMISSION M. PLANNING 1. Applications for the discontinuance. abandonment and closure at J ersey Avenue and Virginia Beach Boulevard re reservation for future development. DISTRICT 2 - KEMPSVILLE a. Cornelius F. and Antonina Boynton b. Lope and Mercy Pile RECOMMENDATION: APPROVAL 2. Variance re lot size to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO) for HERBERT R. SNELLING, JR. to develop two single-family dwellings at Old Forge Road and W oodlake Road. DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 3. Application of BURTON and NANCY C. JUDA for a Conditional Use Permit re a residential kennel for eight (8) dogs at 205 Coventry Road. DISTRICT 2 - KEMPSVILLE DEFERRED: RECOMMENDATION: MAY 9, 2006 APPROVAL 4. Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Conditional Use Permit re church expansion (Family Life Center) at 2708 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of UPTON 1, L.L.C. for a Conditional Use Permit to develop a Child Care Education Center at Upton Drive and Old Dam Neck Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 6. Application of CARUANA CONSTRUCTION, INC. for a ChanQ:e ofZoninQ: District Classification from AG-2 Agricultural District to Conditional R-20 Residential District at Seaboard Road and Princess Anne Road to develop single-family homes. The Comprehensive Plan designates this site as being part of the Transition Area. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of DANNY K. MARTIN for a Chanf!e ofZoninf! District Classification from R-5D Residential Duplex District to Conditional I-I Light Industrial District at 5840 Burton Station Road to develop an office-warehouse facility. DISTRICT 4 - BA YSIDE STAFF RECOMMENDS: PLANNING COMMISSION RECOMMENDS: DENIAL APPROVAL 8. Application of DELAWARE CORPORATION for a ChanQ:e ofZoninQ: District Classification from R-20 Residential District to Conditional 1-2 Heavy Industrial District on London Bridge Road and Harpers Road to develop the site for office-warehouse and storage. The Comprehensive Plan designates this site as being within Strategic Growth Area 10, South Oceana Area. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 9. Application of Lawson Hall Associates, L.L.C. for a ChanQ:e of ZoninQ: District Classification from R -10 Residential District to Conditional A-12 Apartment District with a PD-H2 Overlay at 5525 Lawson Hall Road to develop age-restricted multi-family residential units. The Comprehensive Plan designates this site as being within the Primary Residential Area. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL :1 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center. 2401 Courthouse Drive, Tuesday, May 23, 2006, at 6:00 p.m. The following applications will be heard: DiSTRICT 7 - PRINCESS ANNE Courthouse Community United Methodist Church Appli- cation: Conditional Use Permit for a church expansion (Family Life Center) at 2708 Princess Anne Road (GPIN 1494557644). Caruana Construction. Inc. Application: Change of ZOn-, jM District Classification from AG-2 Agricultural to Conditional R-20 Residential on the east side of Sea- board Road, (GPIN 2403762562). The Comprehensive Plan designates 'this site as being part of Princess Anne (Transition Area), The purpose of this rezoning is to develop the site for single-family homes. Delaware Corporation Application: Chanee of Zoning District Classification from R-20 Residential to Condi- tional 1-2 Heavy Industrial on the north side of London Bridge Road. (GPINs 2405422428; 2405422332). The Comprehensive Plan designates this site as being within Strategic Growth Area 10, South Oceana Area, suitable for mid.rise offices and appropriately located light indus- trial uses consistent with the pOlicies of the Compre- hensive Plan. The purpose of this rezoning is to develop the site for office-warehouse and storage. Upton 1, LLC. Application: Conditional Use Permit for educational services (sound attenuation required) on the east side of Upton Drive. (GPIN 2415741747 - part of). , f/ DISTRICT 2 - KEMPSVIUE Cornelius F. Boynton, Jr. & Antonina Boynton Applica- tion: Discontinuance. abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard. Lope B, Pile & Mercy Pile Application: Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard. Bobby Daniels, Faith for Deliverance Outreach Center Application: Conditional Use Permit re a church at 649 Newtown Road, Unit 103 (GPIN 1468313784). DISTRICT 3 - ROSE HAU Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. Subdi- vision for Herbert R. Snelling, Jr., on the west side of Old Forge Road, (GPIN 1477906040). DISTRICT 4 - BA YSIDE 7. Lawson Hall Associates, LLC. Application: Change of Zonine District Classification from R-l0 Residential to Conditional A-12 Apartment with a PD-H2 Overlay at 5525 Lawson Hall Road (GPIN 1468372672). The Comprehensive Plan designates this site as being within the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The' purpose of this rezoning is to develop the site for age-restricted multi-family residential units. All citizens are invited to attend. (2_/, ,4--:::- i-L. , .......-..--. Ruth Hodges Smith. MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto:/ /www.vb!!"ov_com/deot/olannin1'/boards/oc L. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Hearing impaired, call: TDD only at 385-4305. (TOO - Telephonic Device for the Deaf). VP May 7 & 14, 2006 15040226 Map (;...5.6 / '" " CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Faith for Deliverance - Conditional Use Permit (church), 649 Newtown Road (DISTRICT 2 - KEMPSVillE) MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Bobby Daniels, Faith for Deliverance Outreach Center for a Conditional Use Permit for a church on property located at 649 Newtown Road, Unit 103 (GPIN 1468313784). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant is requesting a Conditional Use Permit to allow a church within a shopping center unit. However, after the Planning Commission action on this use permit, the applicant contacted staff and noted that the church is interested in using a different unit of the shopping center than the one applied for, which was Suite 103. Since the application is specific to Suite 103, the Zoning Administrator has determined that this matter must be referred back to the Planning Commission for new legal advertisement and hearing particular to the alternative unit in the shopping center now desired by the church. . Recommendations: Refer back to the Planning Commission. . Attachments: Location Map Recommended Action: Refer back to the Planning Commission. Submitting DepartmentlAgency: Planning Departmentf/J City Manager:~ lL. ~1XY1.. Item V-K.J.b. PLANNING Voting: - 53- ITEM # 52733 (Continued) J 0-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure. Vice Mayor Louis R. Jones. Richard A. Maddox. Mayor Meyera E. Oberndorf, Jim Reeve. Peter W. Schmidt. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 - 52- Item V-K.l.b. PLANNING ITEM # 52733 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve. City Council ADOPTED an Ordinance upon application of LOPE B. PILE & MERCY PILE for the discontinuance, closure and abandonment of a portion of Jersey Avenue Ordinance upon Application of Lope B. Pile & Mercy Pile for the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at the northern extremity of Jersey Avenue and running a distance of approximately 107.90 feet in a northerly direction to its intersection with Virginia Beach Boulevard. DISTRICT 2 - KEMPSVILLE The following conditions shall be required 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The City Attorney's Office will review the prior payments made to the City by the applicant to determine if they are in compliance with the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, .. approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. A public drainage easement satisfactory to the Department of PubliC; Works shall be provided on the final plat. 4. 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 Virginia Natural Gas utilities within the right-of-way proposed for closure. {f private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days (June 21,2005) 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. 6. A public utility easement satisfactory to the Department of Public Utilities will be required to be dedicated on the final plat. June 22, 2004 - 38- Item V-I.I. PLANNING ITEM # 48283 (Continued) Voting 9-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, IlL Margaret L Eure, William W Hamson, Jr , Barbara M Henley, Reba S McClanan, Robert C Mandigo, Jr, Mayor Meyera E Ohemdorf, Nancy K Parker and Rosemary Wilson CounCil Members Voting Nay None CounCil Members Absent LouIs R Jones and Vice Mayor William D Sessoms. Jr June 12, 2001 - 37- Item V-LI. PLANNING ITEM # 48283 Upon motion by Council Lady Henley, seconded by Councilman Harnson. City Council APPROVED, CONDITIONED UPON COMPLIANCE, theappllcatlonofLOPEB. & MERCYPILE and CORNELIUS F., JR. & ANTONIA BOYNTON for the dIScontinuance. closure and abandonment of a porllon of Jersey Avenue Appbcanon of Lope B & Mercy Pile and CornellUs F, Jr & Antomna Boynton for the dIScontinuance, closure and abandonment of a potzon of Jersey Avenue begznmng at the south Side of Virginia Beach Boulevard abuttmg Lots 1 through 7, Block 25 and Lots 3 and 4, Block 26, Euclid Place Saul parcel contazns 5,607 square feet DISTRICT 2 - KEMPSVILLE The followzng conditiOns shall be required 1 The City Attorney's Office Will make the final determl1Ultlon regardzng ownership of the underlymg fee The purchase price to be paid to the City shall be determmed accordzng to the "PoliCY Regardmg Purchase of City's Interest zn Streets Pursuant to Street Closures, " approved by City CounCil COpies of the policy are available In the Planmng Department 2 The applicant IS required to resubdlvlde the property and vacate znternal lot lmes to Incorporate the closed area IntO the adJoznzng parcels The plat must be submitted and approved for recordanon prior to final street closure approval 3 The appbcant IS required to prOVide a dramage easement to the City of Vlrgzma Beach over the entire property 4 The applicant IS required to prOVide an easement to Vlrgznza Natural Gas The centerlme of the easement will be determmed by the actual locatzon of the gas lme 5 The appIzcant IS required to verify that no other private utzlltles exISt wlthzn the nght-of-way proposedfor closure PreIzmznary comments from the utility companzes Indicate that there are no other pnvate utllztzes wlthzn the nght-of-way proposed for closure If pnvate utlIztles do exist, easements satISfactory to the utility company, must be prOVided 6 Closure of the nght-of- way shall be contzngent upon compbance WIth the above stated condztzons wlthm 365 days of approval by City CounCil If all conditiOns noted above are not accomplIShed and a final plat IS not approved wlthzn one year of the City Council's vote to close the roadway, thIS approval Will be conSidered null and VOid June 12.2001 I Bovton & Pile - '--' 1 - g;- , [}oo~ I g ~~rSDO~ I~ J I C'.j, 001 o I Q_,) l...I '- / , ~. r~~~ f!< ~~ f? :f", -'.'~.~-' (=1 . .. t!o, ~~ \"''''''' . :;~ .,,~ 1$" "'~~.JI':~'j ~~f" "\.'t~" CITY OF VIRGINIA BEACH AGENDA ITEM , / ITEM: In the matter of closing, vacating and discontinuing a 3,095 square-foot portion of that certain street known as Jersey Avenue as shown on that certain plat entitled "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, ELUCID PLACE (M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA" MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Cornelius F. Boynton, Jr. & Antonina Boynton for the discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 155.67 feet in a southerly direction. DISTRICT 2- KEMPSVILLE . Considerations: The applicants intend to purchase half of an unimproved section of Jersey Avenue to incorporate it into their adjoining property. This ~i.I\:.:et closure was previously approved by City Council on June 12, 2001 and again on June 22, 2004. In both cases, however, the applicants failed to follow through on the conditions of closure, and the approvals were voided. The Viewers Committee has determined there is no future need for the right-of-way except for drainage purposes. A satisfactory drainage easement must be provided within this area as a condition of the street closure. The Planning Commission placed this item on the consent agenda because there have been two previous approvals of this request, which were not finalized. The area of the street closure will be incorporated into adjacent properties, improving the desirability of the sites for future commercial redevelopment consistent with the existing zoning of B-2 Community Business District. The City of Virginia Beach has a process by which adjacent property owners receiving property are required to pay fair market value to the City. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request with the following conditions: Cornelius F. Boynton, Jr. & Antonina Boynton May 23, 2006 Page 2 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The City Attorney's Office will review any prior payments made to the City by the applicants to determine if they are in compliance with 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. A public drainage easement satisfactory to the Department of Public Works shall be provided on the final plat. 4. The applicants shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that Virginia Natural Gas has facilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must 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 approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City ManageroS k., ~6"f'! CORNELIUS & ANTONINA BOYNTON AND LOPE B. & MERCY PILE Agenda Items # 14 & 15 April 11, 2006 Public Hearing Staff Planner: Stephen J. White REQUEST: Bo'Vton & Pile 0. .,~.<,.............~i !/(.:;'.~.';>J....~.-.it2. I ~-~I!J 6"':~1 ,Q ~...... N /~' ~~G'f;~:"<:;>~~. ~ ~ IJ DIClI~ '. .... .... <;'" '."^ C) I l"~4;;'<::..:, _....c' I)"""II"'/---------J -, ". .~i~; if ; / ~".: (-:':'~~f~~4'<',,"oO ~D _ ') i J .. ',! ..........f~..' 11 ~], .,... ..'.'...'.'....<...7 '. ~~. -2> l ~ / w__ r \''-'';''-)'::: -' ~ . , ilk I . ~. ~ 1S?~il::I('~;"";Y;'~ ",~,"""~., , , ; ,fA ~ (1.=;1 ~ ~ .~ r-:<<<..> 10 !;~i-I - ~~_.~ [--';-.".;,... >""'/~->(~/i~I/_.1 j ,1 q ~',i "'~ A~~~ / N B "l2-A..tf!ll.lV1J.'- WRfC:.7 :'..1);-~--' >':-'-'--111 -i~ Ii'; !~[.' ("1 (I /' ,'I fl'ih .~---1:: L__I\~1 ~Oo ,''''..../1'{1 ..:"O::~jD~l 3."0...,-2 ,il /;'C{'i lr~l)'II:I' !i)_~,~. "T'.,.-r:;:r:~ r..' , " I.. . __ . :C:J = II --.;;;;-j E- 2 STREET CLOSURE Map D-7 "1..,,, N"" ~" :,<'0:>1.. 14) Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 155.67 feet in a southerly direction. 15) Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 107,90 feet in a southerly direction. COUNCIL ELECTION DISTRICT: 2 -- KEMPSVILLE The applicants intend to purchase the two halves of Jersey Avenue to incorporate it into their adjoining properties, SITE SIZE: 3,095 square feet (Boynton) 2,521 square feet (Pile) TOTAL: 5,607 square feet SUMMARY OF REQUEST This street closure was previously approved by City Council on June 12, 2001 and again on June 22, 2004. In both cases, however, the applicants failed to follow-through on the conditions of closure and the approvals were voided. BOYNTON & PILE Agenda Items # 14 & 15 Page 1 LAND USE AND ZONING INFORMATION SURROUNDING lAND USE AND ZONING: North: South: East: West: . Virginia Beach Boulevard . Jersey Avenue . Pile property I B-2 Community Business District . Auto sales I B-2 Community Business NATURAL RESOURCE AND CULTURAL FEATURES: The area proposed for closure is paved. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER: There are no water lines in the area proposed for closure. SEWER: There are no sewer lines in the area proposed for closure. STORMWATER: There are stormwater drainage facilities within the area requested for closure. A satisfactory easement must be provided over these facilities. PRIVATE UTiliTIES: Virginia Natural Gas has facilities within the area requested for closure. A satisfactory easement over these facilities must be provided. COMPREHENSIVE PLAN The Comprehensive Plan identifies this site as being in the West Pembroke Strategic Growth Area. This strategic growth area consists of many tracts of land that differ widely with respect to type, intensity, character and value of land use. The West Pembroke Area is located between Witchduck Road, Independence Boulevard, Virginia Beach Boulevard and 1-264. Many of these properties have greater, long-term potential to be transformed from a land use pattern that is predominantly low intensity commercial and industrial to one that achieves a compatible mix of urban land uses and higher economic investment potential than exists today. BqV::NTON &~~LE Agenda Items # .14~15 e~g~2 EVALUATION AND RECOMMENDATION Staff, just as it has twice before, recommends approval of this request. Previous approvals have not been followed-through on by the applicants. It is Staff's sincere hope that this current recommendation for approval will result in the applicants fulfilling the conditions below and finalizing this closure. The Viewers Committee has determined there is no future need for the right-of-way except for drainage purposes. A satisfactory drainage easement must be provided within this area as a condition of the street closure. The area of the street closure will be incorporated into adjacent properties, and thus improving the desirability of the sites for future commercial redevelopment consistent with the existing zoning of B-2 Community Business District. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS The following conditions apply to both closure requests: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The City Attorney's Office will review any prior payments made to the City by the applicants to determine if they are in compliance with 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. A public drainage easement satisfactory to the Department of Public Works shall be provided on the final plat. 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 utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must 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 approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. .' BOYNTON & BILE Agenda Items # 14~t5 B;!g!.~ NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BO~NTON &~~LE Agenda ItEmlS# 14i~t5 ei1g~ 4 AERIAL OF SITE LOCATION BOYNTON & BILE Agenda Items#14/~15 e~g~5 NOTES: M;:q.:;Y:.,'; '.',-.j;J:;Cf g,:,$E.D :~.N P:,J. f RrCJR:-;~~l ;N DEi].: 8(' ". ?451. L'/-cr 1581 PC:~ 'fi':~'" (I~ .;~'R~r.~' A VE1\ :li::: rf) 1~ C:. ~~-~~;'EL;; C'-"~ ~."" . ..~~:;,; v. ~R~-l\ n;. J:F~SE'/ A....rNi...T ro SE C:_OSrD :~ 5.6S;SCUAf<t ~rLT/O.129 ACRE. 4, .HIS PL.A. ,<; ",0: il\;ElJOFD iO $1-'01'1 ANY \:ASLME'NTS 0)" ""YSlC'AL f"EATURES THAT MA' AFFTcr !f.IlS PROP~R~, 5, 'l}'f1S PLA; ,)OE5 NOT CONsrTClTt A Sd)DIV$iO'" :)f' LAND, 0, lHiS ;>,1.' ~REPARED Wii'~o....r THE BENCnl C,. A 1iT~E REf'Of'.', .' tor 1 I1~Q (S.~< ~-4 ~ ~ ,>,. 'l:.rti\ ' .1, S 5 ",~"f~ 7-i..... '" ,...,. .90 ~',j<t' ~'104--l;<.e';::rY ~ I, T". ~, .otil'''''Dl,y ~ .0.1)' C's. O~ J? I <7 . <"'oJ 0<, c.,. ~ ~.b.. "95' 8> b ~ ,; J? A, 00,,_ <rTO ~ /,' 'Y,'J', is;'i~'r.J., .. /' <,,, fJ <') '10, /' ,/ /',9)' ~ ' .,I , .... / ,/ / i LeT 2 l.OT 6 " - ---- ---~" ,/ ,./ .,/ ,..// ,,/ //' .- ;..,/ / / / /'0 ~ //g/ ~//8/~ -" ///~/. ~/ // ~' ~ .",0 /~ "'::) ,- Q ~/~/~~./~ ft ~.\ 'QJ '" :g/,1O /0 / ..../ ~ ~ It> ;r;-/ q.-. z.' ;'i>/r< ... :8---' ..., / /c,j ~ '" J ~ /'-'" ~ // '/ . :g . . ~ !fl. / / ' /8 I ...., "',,/." /' It> ,.!. r / // / '? G:) LOT 3 8 / ;/.' I ' ~ /.'/// r;; Z Z/'/,' /:!: / - -----'- ~ / // / :"'25_36'~~ / ./.'. - LOT 4 / A,'b ~ = 38,00' A'o~ 6 '" 108'01"2" '?, _ _..___, /,/; A '" 71.64' .. '!" 1 = 52.32' "6' C = 61,49' . Q; C8 '" S 53'45'41. W" .n "aT 3 OlD PIN lor 4 lOT :; S 89'45'05- '/{ l&I~ ~ ~;~~ <OlOG. ;Ji 0.: .: ""-.... -~ ,- ai.... C", ~~o.iaj Cj...~ 0 >............ A PORTiON Of ~ JERSEY AVENUE TO BE CLOSED ADJACENT TO lOTS 1 THRU 7, INCLUSIVE. BLOCK 25 AND LOTS 3 AND 4,BLOCK 26. EUCLID PLACE (M,B. 4, P 63) ~~RClN'A ~EACH, V1~G1NI'" 1"=:(:' AUGUST 3, 1999 JOHN E. . SIRINE AND ASSOCIATES. LTD. SlJRVf" JR<,i. ENGINEERS 'PlANNERS I, 5' 7 eON~EY ROAD :!RC.Wt. F.'EACH. viRGl"lIA 23452 2,5 ~ 7,5 !.1 '" ;., ~ l- e ....J LOT '! lOT B. BLOCK 25, E.UCUD PLACE (M,!l. 4, P. 63) GPIN 1467--85-64n <0 l- e ....J EXHIBIT PLAT SHOWING OLD /PIN <D ~ N '" lLJ_", ~ u:6 co u< t g c:n: ~ 'Do'''~ - '" :-..... d~ :!' ;.... i;3e~ '3 ~ 100 FEEl RE. v~SEO: NOV, ,~. 1999 CRAPHIC SCALE SHfE T ,1 Of- SURVEY OF AREA TO BE CLQ~r;1? BO\'NTON & PILE Agenda l~el1ls ## 14~15 Pclg~f) I # I DATE 1 11/13/90 2 06/09/92 3 09/28/99 03/14/00 03/14/00 4 06/12/01 5 07/13/93 6 07/11/88 03/14/95 7 12/12/83 I REQUEST Conditional Use Permit (auto sales) Conditional Use Permit (rec vehicle sales and storage) Conditional Use Permit (auto sales) Conditional Use Permit (auto sales expansion) Street Closure (Jersey Avenue) Street Closure (Jersey Avenue) Conditional Use Permit (auto rental) Street Closure (Dorsett Avenue) Conditional Use Permit (auto sales and repair) Conditional Use Permit (auto paint shop) I ACTION Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved ZONING HISTORY ., BO~NTON& PILE Agenda Itel11s#148i15 Pl:lg~7 _\lOllVJr IddV tluilS01J lH'dHlS _<Ii 00 E ;'~ ~~ ~ 8 [.~ 'z: Q E ~.c::::l ",-0 ~;g ~,~ !!f fh aii ,2 ~~E~ :;:)~:'<fJ ~6~~ <3~o>a gai~~_ oEi~ui2' ~ t').s.8 ~ z~ fz::g 9.,=~g !:'~ ~.E.= gija~'i <I: l... c~:':: o ~_ ~ y.l-<tI"ti o"g~.s OcnQ)< ~~~: 8 ~ ~_~ f;~~ t go~! ~ng~ :: lS.:E = .:?~~c ...t.....{tJi'J L "is 2- ,I :; ~ '0 11- IZ 11.1 ::E 11.1 I- ~ (/) 11.1 a:: ::J (/) o ..J U (f) i5 ui w'" a::~ ~'~ 'S O..c 0: ~ E g~ ~ E is E~ g t:l )-1: 8 Z '\;.'} _ e < ~ >- <0:: U c ...:::.~ ::i ~ ~-g ~ &: ":H~ <.~'5:a:s ~ii~ 5B g ~ uc__ c~E~ t:'; :: U . 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C " '" ... o :;:~ ,~.Q ~;;; g.~ ~g, ~o Q"c c.", E~ c.(S 00.. =0 .s e::::: c~ =- xS: 0= t.~ 0 Bo a t = ~ ~ :,,;; -:-:; ~ 8- r ;; g ~ oS NOIlV:ll' IddV tl(flsor~J lLtlarS " or. ~ E j 'E o~ - ^ c:-,:; ~~ '" ~ gg ~- -" 5~ 0.:'> t":.$: 5S- '" .<:: '" ;:oJ ." ~~ 'j ~.; <r< J~ ~.~ :ig N ~ ~ ~ 0. ~ 8 05 ~~ :e "'c: ~o 0._ e~ o E 5:8- 'e ~ ~'E '" - ~~ 015 8' DISCLOSURE STATEMEN't ,.'...., -' BOY':NTON & BILE Agenda Items # 14.>8tt5 Ba.g~fJ _\JO:lVJr 1idV ll[nS01J ltIld8~-~S I .... z, UJ' :E1 UJi ....: <: ....' (1)1 UJI ~I ID _ui o '" .E:." ~.~ := Q) - 3:"" '" fC~ ~ Q-.c: '~ ~'E Q..c::: 0)-0 ".s8 "OnCC 'S: C . 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'!?' ;? g-:a~i -;" ~ ~~E8- ~ C:B~~1 l!d ~ g ~ a ~ -\'l 5: ;; ~f ;-.. c: "'. c' ii ~j ~ 5 w'Z-l c:::9? ~.~ ~ ~i- g~ v: ~i ~,~ E~ ~il cci ~~v:~c-. ~-~ 6 ~ t3~,,~'::: ~l ::; ~ g'''O _~': <! c.. c.'~ ~..:o:: ;;!! ~g~~ g ~1 E -; ~ ~ ~; !i;i -- 0- -t:' _ (.,: a:c !fjl 2, _ o~ l c ti ~1 :! ;: ~ :; zq wI ,g ~ " c E ii .2 <ii 8- (; o ... ~g ;12 ,~ g~ go "-- g..s ~ ~ :58- C)8 l5,s .l:. : ",0 ~ ~ iJ~ El .: ... . ~~~ F :Q 3:c .n< '" ~: i o:z ~1.2 '" " " g ~ -:.'i '" E ~ '" i -~ 'B - " ~ ~ :9(i ~~ .. c ~ ~ ~. :-.s ~:.;: >- E Q " ~ 7: _ :;3: II .EE ., <> '" c $! .e ~ ! ~~ -l~ ~ ~ .., N _'JOIlVJr 1ddV t_.anS01J ~-~[tlalS DISCLOSURE ST A0te;MENT BOYNTON & PILE Agenda Items#.148(15 et:lg~9 Item #14 & 15 Boynton & Pile Discontinuance, abandonment and closure of a portion of Jersey A venue beginning on the south side of Virginia Beach Boulevard and extending approximately 155.67 feet in a southerly Direction Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 107.90 feet in a southerly Direction District 2 Kempsville April 12, 2006 CONSENT Barry Knight: Our next two items to be placed on consent agenda are Items #14 and 15, Boynton and Pile. An Ordinance upon Application of Cornelius F. Boynton, Jr. and Antonina Boynton for the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning on the S0Uth side of Virginia Beach Boulevard and extending approximately 155.67 feet in a southerly direction, and an Ordinance upon Application of Lope B. Pile and Mercy Pile for the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 107.90 feet in a southerly direction in the Kempsville District with five conditions. Eddie Bourdon: Mr. Chairman, again, Eddie Bourdon for the record. Weare in accord with all the conditions and I ensure the Commission that this street closure will not come back again. It will be finalized. Barry Knight: Thank you. Eddie Bourdon: Thank you very much. Barry Knight: We've seen it about three times before. Anyone present today that objects to putting agenda Item #14 & 15 on the consent agenda? If not, Mr. Livas. Henry Livas: This request is a closure of a portion of Jersey Avenue at the south side of Virginia Beach Boulevard, and the applicants intend to purchase the two halves of Jersey Avenue to incorporate it into their adjoining properties. As far as the background is concerned, you may have just heard that the street closure was previously approved by City Council on June 12,2001 and also on June 22,2004. However, in both cases the applicants failed to follow through on the conditions of closure and the approvals were subsequently voided. We recommend that this closure be approved since there is no need Item #14 & 15 Boynton & Pile Page 2 for the right-of-way except for drainage. We also recommend approval of the request along with five conditions. One of the conditions would address the drainage issue. Therefore, we put this on the consent agenda. Barry Knight: Thank you Henry. Do I hear a motion? There is a motion to approve by Kathy Katsias. Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. Any discussion? Call for the question. ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYES NOO ABSO ABSENT 3 ABSENT AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 8-0, the Board has approved Items #14 & 15 for consent. 1 2 3 4 5 6 7 8 9 10 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A 3,095 SQUARE-FOOT PORTION OF THAT CERTAIN STREET KNOWN AS JERSEY AVENUE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA": 11 WHEREAS, Cornelius F. Boynton and Antonina S. Boynton 12 applied to the Council of the City of Virginia Beach, Virginia, 13 to have the hereinafter described street discontinued, closed, 14 and vacated; and 15 WHEREAS, it lS the judgment of the Council that said 16 street be discontinued, closed, and vacated, subject to certain 17 condi tions having been met on or before one (1) year from City 18 Council's adoption of this Ordinance; 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the 20 City of Virginia Beach, Virginia: 21 SECTION I 22 That the hereinafter described street be discontinued, 23 closed and vacated, subj ect to certain conditions being met on 24 or before one (1) year from City Council's adoption of this 25 ordinance: 26 GPIN: 1467-85-6657-0000, 1467-85-8624-0000 1 27 All that certain piece or parcel of land 28 situate, lying and being in the City of 29 Virginia Beach, Virginia, which is shown as 30 the western half of the unimproved portion 31 of Jersey Avenue, designated and described 32 as \\ (3,095 SQUARE FEET)" shown as a portion 33 of the cross-hatched area on that certain 34 plat entitled: EXHIBIT PLAT SHOWING A 35 PORTION OF JERSEY AVENUE TO BE CLOSED 36 ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 37 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE 38 (M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA" 39 Scale: 1" 25', dated August 3, 1999, 40 prepared by John E. Sirine and Associates, 41 Ltd., a copy of which is attached hereto as 42 Exhibit A. 43 SECTION II 44 The following conditions must be met on or before one 45 (1) year from City Council's adoption of this ordinance: 46 1. The City Attorney's Office will make the final 47 determination regarding ownership of the underlying fee. The 48 City Attorney's Office will review the prior payments made to 49 the City by the applicants to determine if they are in 50 compliance with the \\ Policy Regarding Purchase of City's 51 Interest in Streets Pursuant to Street Closures," approved by 52 Ci ty Council. Copies of said policy are available in the 53 Planning Department. 54 2 . The applicants shall resubdivide the property and 55 vacate internal lot lines to incorporate the closed area into 56 the adjoining parcels. The resubdivision plat shall be 2 57 submitted and approved for recordation prior to final street 58 closure approval. 59 3 . A public drainage easement satisfactory to the 60 Department of Public Works shall be provided on the final plat. 61 4 . The applicants shall verify that no private 62 utili ties exist wi thin the right-of-way proposed for closure. 63 Preliminary comments from the utility companies indicate that 64 there are Virginia Natural Gas utilities within the right-of-way 65 proposed for closure. If private utilities do exist, the 66 applicants shall provide easements satisfactory to the utility 67 companies. 68 5. Closure of the right-of-way shall be contingent 69 upon compliance with the above stated conditions within one year 70 of approval by City Council. If all conditions noted above are 71 not in compliance and the final plat is not approved within one 72 year of the City Council vote to close the street, this approval 73 will be considered null and void. 74 SECTION III 75 1. If the preceding conditions are not fulfilled on 76 or before May 22, 2007, this Ordinance will be deemed null and 77 void without further action by the City Council. 78 2. If all conditions are met on or before May 22, 79 2007, the date of final closure is the date the street closure 80 ordinance is recorded by the City Attorney. 3 81 3. In the event the City of Virginia Beach has any 82 interest in the underlying fee, the City Manager or his designee 83 is authorized to execute whatever documents, if any, that may be 84 requested to convey such interest, provided said documents are 85 approved by the City Attorney's Office. 86 SECTION IV 87 A certified copy of this Ordinance shall be filed in 88 the Clerk's Office of the Circuit Court of the City of Virginia 89 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 90 BEACH as "Grantor" and CORNELIUS F. BOYNTON, JR. AND ANTONINA S. 91 BOYNTON as "Grantee." 92 Adopted by the Council of the City of Virginia Beach, 93 Virginia, on this day of , 2006. CA-9857 X:IOID\REAL EST ATEIStreet ClosurelBoynton CA9857ICA9857,ORD,doc R-l May 11, 2006 APPROVED AS TO CONTENT: ~ ~.\t.ob Plannin~artment APPROVED AS TO LEGAL SUFFICIENCY: 1J01, G J \MtJtnlAl City AttcYrney 4 I : 1 i~ Ii 'NUIt.~: EXHIBIT A i. MERiDW~ SOURCE BASlO ON PL: <[CORDED IN ~~ED_~OOK 2431, PAGE 15& 2. PORTiON Of Jt RS[i .A,VENUE.' TO i3E Gl.CSE.D: l~ /'~"~J :3 ,ARE.A OF .J[F:SEY A VEf\JIj[ TO 8E, CL OSfD = 5,607 SQUARE FEn /0.129 ACRE: 4. THIS P:../>, T ,:, NOT INTf.}lDCD TO SHON .t.~n EASEMENTS OR PHYSICAl. FEATURES rHA T MA Y .AH LeT :/-i15 PROPERT'f. J. TH!3 ?L;\,'f :)OES NO" CONSTiTUTE' ;\ SUBDIVISiON or LAND. 6, THiS Pl.A T ?RF.PAf<E:J W'THOt.'T !..,=.: 8fNf'YiT OF ,:,., TITL.E REPORT. _,,-ill. "'.'~_'.;I::I~.r ;:;";'".N;,-~~~-~u"",-., .. -.. '. '" . . :~ " .' .~ \1;)1-1 r ff ~ SQ ~~ ~~'<., ~g- ~ p'l\' >~.. S B)"()"'>,,, .(~1 ' r ,1<;- .~c, J <l-. 29,89' ~..J .1.... . <:J~~'\,o.' ~ "...-' (lL) ;)RILL ~OLE LOT! OLD l1.o ~~NAiL (5'1'4 'rQ~~~ ~ '~ :1 S ~ tti;'-41i'/4 ~~a 1 ' '.90" 1S<f. ".3. . 'E:, I ;<';1''''-4 Sit: IAh it ~ . ;,1, of.'<f.~ ... 0, r.o "ID1>."OI. € I~S' c.... ~OLl~'1"f Ii' ~~i <~~9 ~ <~:1~0<, I?Cr o(;itJ ~~^ i ~ 6' .> 8 '.0 /w. ~8 'rv '. ' ,. to J' . '58,.....<0<.....'.:1., ./ ,// ,. </ ') ') ....'0, ,..' / / .9>. ~ ' /., ,,./ _/ ,.. i~ Lor 2 LOT 4 rf;s\) \g, /' ,./,- // / // / ,,/' ..,/' ,/ / . /" ',. / ,f. f"')/ .. ,,' . .-' 0 N /.........' /....... I"') r< ./ ti./, t:i/ll"i u') " W ... ,/w Ol ~,' ,.I.L."';: I.L. / ,/ w,../. ,/ w ,/ / ~ ~ '0 /~ ./ '.' ~ /"-t ~ :;;>/ ..- [;/ ~/ P. ~ ,S; //~ . 0.... / ~ ,'''''') ";0 .// N/ ~ rn - /", ~// Z " :0 /~ ..q- :;;:, . ' '.,. co .<.0.____",.. ,..., ,.. / N "0 N to c' . .......... '-'/. . co I u'),. //0 to :D ,:.11,.. , / ,.' /. /0 I co -t... ,..,. , l() , ' 1-' / ,'" / / U? to LOT 3 ;-; 0 /"'./ r-!. ~ 0,.'.... /. //./ to z.,' / ' ... ,.., -t ,/ / ,. / / ~ ,. / ~ .. - .// ..... /,' / / ~ , / '. Q. . // ,( ==2'5'.36~~0 LOT 4 ./ ,{'O R = .38.00' ..f,.~' ~ :;:: 1 08'01'12" -1>~ /:t '- ~ ;: ~i:~i: ~ v'6>~ C =-c 61.49' . 0 to CB :;:: S 53'45'41" W 0_ . ~- W"'"" ~ 0 :J~ to II --l t l. z a:: ~ -..; '1 ~ I ~ . ?J ~ ~,. ,^ .n 'tOll.. k; UJ <9 ~. ~ci~ 0 >-~-.i~ --l w~ . . (I)-IDID O::~~ci w>'-"'-" -::>> '-" LOT 3 -- ---- -.----- -----..- --.----.- e LOT 5 z a.. r.:> :..OT 6 LOi 7 S 89'45'05" W L.C)T 3, BLDCK :?5. EUCliD PL.o\CE (M.a. 4, p, 63) (;Plt~ 1467--8~-64.27 EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED A.DJA,CENT 10 LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.El. 4, P 133) VIF;GIN',1\ f-3E.A.C.H. VIRGiNiA SC;',l.E: i ",,-:25' .\UCUsr .'3. 1999 <.0 '<t (',j LLl........ ~ ~ () t<) co () -<<0 I o --l . .n -lQQ.'f CDo-i'r-... _ <0 ,,:- d~ -:.. 6 ~:3~.. ~ _J '-' REVlstD: NOV, 12, 1999 JOHN E. SIRINE AND ASSOCIATES, LID. SURVEiORS. tNGIN[FRS. PLANNERS 4317 BONNEY ROAD V:RG!Ni.<\ BE: ACH, ViRGINiA 23452 2,:' 5,0 75 ~-~, .A.............- ~.....................,.....,-_._.'-.~"""~~."-".. '........"'~, ''''''_L~._'''~~-~'-~''." 1QO FED -1 GRAPHIC SCALE SHEET 1 OF 1 _,,~, . "', ....\0' ........... .~.......__ ~..,. . .........'. '..,-'o.t..l,.. .................... ----."..:u..,~...'". ., , .....L.i1i'i...&J~"'U.l.... ." .,.~......L'~.......LJ..o''''''"'ioi1..a.WII.OI;~_!lH'.''.~'' ", t.l_........."..,~..i.~...:..:....,'"'.l.l....___~ Bovton & Pile .... -. '---' l - 61 " DJOo~1 g ~B~CJa~ IJ ~I 1 001 o I Q_,? L-' '- /' , ~ ~*~~ (s; , ,. \~ ("'~ '.oS:, i::'~~. :;> i ""~~ -..".;.//1 ~~,~.,..~~J -..~ CITY OF VIRGINIA BEACH AGENDA ITEM " / ITEM: In the matter of closing, vacating and discontinuing a 2,512 square-foot portion of that certain' street known as Jersey Avenue as shown on that certain plat entitled "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, ELUCID PLACE (M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA" MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Lope B. Pile & Mercy Pile for the discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 107.90 feet in a southerly direction. DISTRICT 2 - KEMPSVILLE . Considerations: The applicants intend to purchase half of an unimproved section of Jersey Avenue to incorporate it into their adjoining property. This street closure was previously approved by City Council on June 12, 2001 and again on June 22, 2004. In both cases, however, the applicants failed to follow through on the conditions of closure, and the approvals were voided. The Viewers Committee has determined there is no future need for the right-of-way except for drainage purposes. A satisfactory drainage easement must be provided within this area as a condition of the street closure. The Planning Commission placed this item on the consent agenda because there have been two previous approvals of this request, which were not finalized and therefore, voided. The area of the street closure will be incorporated into adjacent properties, and thus improving the desirability of the sites for Mure commercial redevelopment consistent with the existing zoning of B-2 Community Business District. The City of Virginia Beach has a process by which adjacent property owners receiving property are required to pay fair market value to the City. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request with the following conditions: Lope B. Pile & Mercy Pile May 23, 2006 Page 2 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The City Attorney's Office will review any prior payments made to the City by the applicants to determine if they are in compliance with 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. A public drainage easement satisfactory to the Department of Public Works shall be provided on the final plat. 4. The applicants shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that Virginia Natural Gas has facilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must 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 approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeparbnentlAgency: Planning Department City Manager: ~"') )L, CeGl'i CORNELIUS & ANTONINA BOYNTON AND LOPE B. & MERCY PILE Agenda Items # 14 & 15 April 11, 2006 Public Hearing Staff Planner: Stephen J. White REQUEST: ",':1:1: /?,2,. Bovton & Pile ~' ~. ~: 1/1'1" pjL I ~ I' - -, fi ~"');~ _ . I ~ \\1: ~~~?:: (~-l~~ ~~ ~II D"'lo~ I~ _ N /0:::; ", , ~?~~ <':{)< <- ]~, I t:T ~ 0 '-..J ',,, . ',"m ;;;;~I ,C "~~C'~- If I,~, )", ~;~'lh8Jt~:;~~~~~~ ~~ , i~~~L lQjy~v' ~~ , t I. I '~..J~~ Ie- !"p" "" '":::..::. ' 1-' ! 1_ .~(~ ~; I~. ~ v ~I" ", ,,_,~~ ~O, I ~/ 1 D..o;; lj~-~ i ~('.J) r--~ , / 1'1/" t Z I., : "i" ~l ~ > c .:/ ' : -- ~ y u ~ - ~~., , : . B . -) 'Ad r L--- =~., ) 'y__ I_I : I, I: , ~ (.:-.4+'JlIUru1L . "'.nJ...........n.u. . ,_,,--'-~ -~ //I~i'i- 't . "1'i'~' ~" :;:nI'~~O' ,/:: ,:.,if i , r J if /0:;'; -"- ~ I 1 01..., o. -2 ,/' ;,;';7 L '[I I -'''1 I ..., 1 'IJ '"' , " ,f/,' J (0(\: S : I 1.; T"i Ul ~ 1....1 :'ii /n/ '...' = _~,l ~111111I1'lIt1 8 STREET CLOSURE 14) Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 155.67 feet in a southerly direction. 15) Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 107.90 feet in a southerly direction. COUNCIL ELECTION DISTRICT: 2 -- KEMPSVILLE The applicants intend to purchase the two halves of Jersey Avenue to incorporate it into their adjoining properties. SITE SIZE: 3,095 square feet (Boynton) 2,521 square feet (Pile) TOTAL: 5,607 square feet SUMMARY OF REQUEST This street closure was previously approved by City Council on June 12,2001 and again on June 22, 2004. In both cases, however, the applicants failed to follow-through on the conditions of closure and the approvals were voided. BOYNTON & PILE Agenda Items #14& 15 Page 1 LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: South: East: West: . Virginia Beach Boulevard . Jersey Avenue . Pile property / B-2 Community Business District . Auto sales / B-2 Community Business NATURAL RESOURCE AND CULTURAL FEATURES: The area proposed for closure is paved. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER: There are no water lines in the area proposed for closure. SEWER: There are no sewer lines in the area proposed for closure. STORMWATER: There are stormwater drainage facilities within the area requested for closure. A satisfactory easement must be provided over these facilities. PRIVATE UTILITIES: Virginia Natural Gas has facilities within the area requested for closure. A satisfactory easement over these facilities must be provided. COMPREHENSIVE PLAN The Comprehensive Plan identifies this site as being in the West Pembroke Strategic Growth Area. This strategic growth area consists of many tracts of land that differ widely with respect to type, intensity, character and value of land use. The West Pembroke Area is located between Witchduck Road, Independence Boulevard, Virginia Beach Boulevard and 1-264. Many of these properties have greater, long-term potential to be transformed from a land use pattern that is predominantly low intensity commercial and industrial to one that achieves a compatible mix of urban land uses and higher economic investment potential than exists today. BOtNTON &QILE Agenda Items #14~15 e~g~2 EVALUATION AND RECOMMENDATION Staff, just as it has twice before, recommends approval of this request. Previous approvals have not been followed-through on by the applicants. It is Staff's sincere hope that this current recommendation for approval will result in the applicants fulfilling the conditions below and finalizing this closure. The Viewers Committee has determined there is no future need for the right-of-way except for drainage purposes. A satisfactory drainage easement must be provided within this area as a condition of the street closure. The area of the street closure will be incorporated into adjacent properties, and thus improving the desirability of the sites for future commercial redevelopment consistent with the existing zoning of B-2 Community Business District. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS The following conditions apply to both closure requests: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The City Attorney's Office will review any prior payments made to the City by the applicants to determine if they are in compliance with 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 applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. A public drainage easement satisfactory to the Department of Public Works shall be provided on the final plat. 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 utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must 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 approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Bq~NTON &gILE Agenda Items#14~15 e~gl:!3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BO'Y:':NTON& 9lLE Agenda Itel11s#14 .' 15 e e4 AERIAL OF SITE LOCATION BO~NTON & PILE Agenda Iterns# .14~15 P~g~5 NO'rrS: M~~,D-:,.I_~ '.:/j;);~CF 8,,"$E.D -~,N P~,\ r Rt.COR:"';E.J ;N CEED Be;-,'-, /4.51. L~.i'~~[ 1561 ~" DC::~1'j":'t."'" (I~ .;L'F.~f ~ A\'E1\~jt-. ~G 1F C:. r,SE.:,); l?"-,..7 '.'~.-""~~ 3. ..\RfA :)::. ,:~J~S[Y A".:'rN~T iO 8E c;.QSE:D :~ 5.607 -SCUAf'(r' : ~ET/O.':?9 ACRE. 4, ,,-liS P:.f\". ,S '\lOT !1\:t:.tJom TO $1-'0\'/ ANY EAS!_Ml'NTS OR P;iYSlCAl F"EAIURES THAT MA' ",p'[cr "IHlS PROPER~, 5. mlS PLA; DOE 5 NOT CONST'TU11'" S,;BOI'v'SiO'" ::>1' LAND, o. THiS?i "A. T "'Rf:PARW W!;'iO"; r THE BENCnT 01' A Tii:E REPOR7, \'iJH" ~ PIN OLe !f .,:'t' ~'s 8.3'10'34" t NAiL ~ "?~:i 29.89' "" if ~ ,>':>_~' J::. () OlD ~~~ ORiL., HOCf. .:J.. ....,--- ---- ---- I;;:: "-, ff tOT 1 ~~Q (s.~" ~..q ~ ?, '~4-? J, S 6' /:)~ly/~ 7-i.f.>. ~ ~ ,90 "',j<{.. ~"Olj.-l;:~ 111. Fb.. !". (0 '. c .o~o. 'Dlly ~_ :?;" .~ <<{.;SO<.~l' ~/lJ;I~~b... ,.95 87 ~.o .........-Il..^ ~ /,. .8.]-. fs;'<~'r~ / <> fJ:.?) '10, / :.$7 fo" . ; ./~'_I" ,./ ,,/ , ~ ? ----" .,,' ,/' 1'/ /," ".,/ . // .,,/' //' // ~///l/ /,...,//g ~ /. SV / //8/~ -, /~ ~ LL.. / ~/:.,. /~/ ,. .~ .~ g ~ ~ ~/ g/ g ~. /g' '" ~.\ ~J " :2/,,,,, /0 / .../ ~ 'g "" ;r;- gy %.' ;'i>/F< ... ~-- 1'/ .., / /N a:J N I ~ ,,-; /' - P q) '" !fl / / / /8 ~ 1l) ... / ' //' "" ,.L b // / / /U) ~ LOT. 3 ~ 0/.///// :;; . :z :z / / /// /_:!:__ ~ / ,/ / ti~2,:>.f6'~~ f'-/ t..:'~' .. ~: ~8~~'12. -1>. LOT 4 _ /.!j A = 71.64' " 'l" " T = 52.32' 'i9~ C = 61.49' .0,1 " C8 = S 53'45'41. W 0 ~ "' ~ ~ .~ ':3 If ;:) <.. ii5 I, "" f.i ~ ~ ~ ~-~r;, . "'! ":0"'0.. - ~a:~ >-~..;<t "'~ . . (I)-mCD p;; ~ :i ci Hj!-"- 1 ~ ! LOT 2 ,.OT 3 OlD PIN Lor 4 LOT :i LOT 6 LOT EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS i THRU 7, INCLUSIVE, BLOCK 25 AND LOTS :5 AND 4. "BLOCK 26. EUCUD PLACE (M.B. 4, P 5.3) \.1RCllljIA !:lEACH. Vl~GINIA. 1-~:?~' AUGUST J, 1999 JOHN E. SIRINE AND ASSOCIATES, LID. SURVr'~JR'S. ENGINEERS -P\..ANNERS ,,"7 BONNEY ROAD "RG;N,r. BEACH. VIRGINIA 23452 ~__. ... 2,5 ~7,5 " .... o -' S 89'45.05' W <0 LOT 8. BLOCK 25, t.UCUD PLACE (1.4,9 4, P, 6j) GPIN 1467'-8:1-64:17 <0 ~ '" '" w_><> Q ~~ '? g ira: ~ roo....~ _ 00 :-: d~ :!. o~~~ -' ~ 100 FEEl RE V:SEO; NOY, ,~. 1999 CRAPHIC SCALE SH,ET 11 or SURVEY OF AREA TO BE CLQ~~~ '--". .._r,','. .; ".,' -.' ~ - ,.,.. .-. ...,.,,'," BOYNTON & PILE Agenda Items # 14 &15 Pagev 6 I # I DATE 1 11/13/90 2 06/09/92 3 09/28/99 03/14/00 03/14/00 4 06/12/01 5 07/13/93 6 07/11/88 03/14/95 7 12/12/83 ~ o~~~I'U" 'W~l 0:l36 , - ^). "I ~ 3":r~ ?--2iuMlKAL . ". ~ 11 ! l~) I ~j b r1i'7!l :1" <r-l! L-J.' -,- ~Ol '~ L.:.::J .' 0231 ~ 0 -2 I ...Q1 :~ lIEf' 003 ... ~ , I . T .. 02 ...., ,-.=l I" -----!, ~ II I I ~08 I~I I I STREET CLOSURE I REQUEST Conditional Use Permit (auto sales) Conditional Use Permit (ree vehicle sales and storage) Conditional Use Permit (auto sales) Conditional Use Permit (auto sales expansion) Street Closure (Jersey Avenue) Street Closure (Jersey Avenue) Conditional Use Permit (auto rental) Street Closure (Dorsett Avenue) Conditional Use Permit (auto sales and repair) Conditional Use Permit (auto paint shop) I ACTION Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved ZONING HISTORY Bq~NTON&~ILE Agenda Ifems# 14:~15 1?@9!7 NOIIVJr IdLY d~laS01J ItftlalS I -..; 00 :E a'~ ~~ ~ 8 [.~ ^z: 0<: 0"'='" ",-0 0.28 ~"OQ "''' . E=~ fJ) a.,!;; ,l,! ~~~a ~~c.(t) ~6:&E c3~C)g :ei~~ Q-=~r6~ ;it?.s8~ z ~ A"~:g o ., ~ .", _g'_OOCl> ....,_ >= c: rHa$:: <-c;~ o Q.(ij'::' 5-g~.s ot1ai< ~ ~.~ :i o"'c:'" u.... Q.2 ;iE~ ~ ~~~~ =~!g' ~i~~' ..J:::~tG ., 1B g ! ~ -0 ~ ,,; 0> '" g 3 1? oo~ sg8 i~~ S '" E ,!:?oc: x ~"} ... ;g~ J:S(!l ;;,~.. -;:: 0 v ,"_0 ~"''''' g ~-g C:'ti) ::; ~ ~,$ ~rn~ '.,~ii5 c:: Q. '!t) g ~~ wE ~~, ~:,~.,: Co" t:ctio 8~-- ._ 0 8. C? (U >.... C"I: o;u8'" ....(D_~ i?:"'" 0 ~ ~~~-g ~o~~ ~~~~ 'E(i)Q"'; e~~.:i -d c:: Q.. <Il ~~,~~ &g~ ....c- g~o '" '" g ~ ~ 'E: c~ - ,.. C"~ :2 ~. 41 ~ ..Q~ :J :: ~ Ii ~S ~c ::eB ~3: ;0 ~ ~-E -,s - ^~ '" ..' "" ~ E ~'~ ~g N '" ~ i",~ .~ ~ E 4) ~ ~ g .~-o ::d~~~-~~~~5:2 ~:~~'5~~~~3:'~ oJ:= '" ~ ~l::'a= Q:~ ci.~ e.~ 1;) z 0.5 g ~ '..,.; ~~~e]g~~EC3g c'" '" ~ - gj '" 7:.i? ~ S .20~-Se>C<ht.<')ooe ~.~@:@:~ ~ ~ ~,~.~ ~ .~~.~o_U:.5 ~~.~~~ ~ g~.~~-g ~;~ ~ 3 m ;:',;g g ~ ~ ~ ~ ~ '2 .3 E~~ (5 ~~.,g.a ;~~ :Q.Q:'i)..5 tA C' _"C 'to:::" ';::' -'=- ::a 0 ~ c:~J2 ~ 0 C ~ ~-:~.~og,s~.~! g,~~~]8g~E~~ .e~O-=0500~~_0; 2_~Q)""--S(,,)Ot'l:ll;t)..: ~~.s i-::'~ ~ 0 ~""5..o '% -ws 0 i = 0 c:.~ ~.~::; :~~.~!:5 g e~ ~'~~ ~~2e.a~~gQg;~ c:.2.= 'E - ';: C. Q ~ -.r: 4) 7Edi-- 0 E.=: ~ 0 w $?-"C E~~~~~E~.~gS.a ui':'~o""~:1lE=~~.; ';.E~~01:C~o8.!> ~~~~E,E=7:~oQ.'5 ;t.g g>i- ~ ~ ~.~ ; (/) E ~ N~='-E&e;~-:s8~1t} EeQ)~~"5~=,:;,2e ~g~~2(jo~gS.E Q..<.) 0 E 8.E~ ~ ~ ~E 5 " g ':;i E f E t '" .,g '0 ~ .E ..."0 80 ~ .. *~ U.I ~~ 3 5'~ ~ Cf)~.a 'OB 0- w ~ ~ !~i,r!! w'~gs;''t; z;;:c ..0:':::; ?;n~~ii oco.o~s ~~g:s~~ ffi~'EE;~ ~~~8.~~ g:~~g~~ ~.~ i!~ ~~~g~ ~~~!~ -@E~5E !ii~g .~ :S ,E 0 'gQ.E5;~ r:l.c:; O"C C)- -. Q,. :iltfr ~J~~I~ ~1;;iFl\J'p!';~; ,.~;~ "0 8 ~ Q -=;.. '17.. ~-~>':~: ~ .~ c E i ,;' \' f~,");E ~.g':~g 8'~ 2'~ti 5~'~~~ a.a1us . 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" " g 3 E " <> g, ~ " ;;> ;..") .. _'iO=lVJlld(~ rlHaS01J IHdarS ~ i C,l .~ e " E r.~1- Z 'li.I ::E li.I E C/) li.I a:: :> (J) o .J () (J) o :f o (/l~ ~ ~~ 0 ~.~ ~ O.c '0 <:3 E ~~ E~ ~! ~:s 8 <w ;.$ u c .:::.-- ::; a ~-g~ Do "'3: ,,:: ~ g~g:~ ~~~~ OJ;;; j;:-"";;' ~i 2 ~ ~ig] ~. ::: u . 1m ,. ro...J u =2'. =c~ i ~: ..I .; .;t;~ g; >: ; ~l ., ::1 :1 =: 3; I ~ ~ j ~ :3 ...", ~g ~ ;: .- i: _ '" ~E:? ~o Q:x roz e E =~ e8 ~'g "" :> " 0-.; 8 DISCLOSURE STATEMENT / E~ -;:;'" H "-c :~ .ae ~): 32 '" BOY'NTON &.~~LE Agenda Items # 14.~.t5 l?~g!8 _'lOI1VJ!' l(~dV liHl1S01J ltlatlS :E w r- <: r- oo w ,0:: !:J ; 00' ;'0 ! ig; je I II I'i L _lJi 0", € ~'~ ~:E ~ .,> ",Ocr.. '~ .~~ Q.c::: (1)-C ~.Efi :2-ctl:l > 0 .~ o [~€_~ l:!~~~ =>\-c<t ~~:g~ c3~,~~ g?'E'2:;:_ ~==g~-~ ~~.~-~~ Q*~n S'~~~; 0.08.1;;<;; < ~ 0 e>= ~Q.iS-5 o-g~.s t> '0 f.li'< dQ)\1)- 'E &,2 Vi o <ll ~ " 0'" 0,::::: C ~~ ~ ~'e~~ c:..9..2",;:< ;;~~g t:= c.;<:- 0~"5"E ::t~~; vi " ,::;. :; ;; .! 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'E-~g5 , .'ii( E~~:C.@, '.-5. JIH~ ~ !hUM .~i iz ll.8 e;~~ Vil!? - ~ ~ ~ !,-tt'~ "il i ~ .<- ~::C' -{.") ,.0 . c.: -g :". '" .,. ;it~'fS~- :s .~:;,go.<l di !~ g ~~~ +[~ t~ g ';n E '0 I '" v~ -2':'~ ~~ t.? :.;. .:;:::.: - ~ r... I~ ~~ ~~ =~ c=: o c: > S :;; .~ ~ :;; C 't: Q. .. .-f2 ~ R :; '" .::: 0<5 :::= tt) ~ ~'c S8 =0 0._ 6',E ~~ 08 Q,S; .r:.c '" " ~~ 130 EJ Ii o g '5 ~ .3 if .~ 'E i~ ~~ >l>g c . ....: e:? ~,. ~ tf ~ c '0 .E ""] N ~~ ~ ~ 3. c: ,9 ;;; ~ c u <:: ... ~ .~ ~~ ~.~ ~~ "'Q E:t5 Coo c. _ <; .~ ~ ~ :;SZ "'- o";{ t5~ '" .. ~ e !? $ ~ r " . ~ ~ . :.:} 9 .. _'JOI1VJllddV aHflSO~J ltltltlS DISCLOSURE ST ATfiME:N:r BOV:NTON & BILE Agenda Items # 14i~15 flag~9 Item #14 & 15 Boynton & Pile Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 155.67 feet in a southerly Direction Discontinuance, abandonment and closure of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 107.90 feet in a southerly Direction District 2 Kempsville April 12, 2006 CONSENT Barry Knight: Our next two items to be placed on consent agenda are Items #14 and 15, Boynton and Pile. An Ordinance upon Application of Cornelius F. Boynton, Jr. and Antonina Boynton for the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning on the south side of Virginia Beach Boulevard and extending approximately 155.67 feet in a southerly direction, and an Ordinance upon Application of Lope B. Pile and Mercy Pile for the discontinuance, closure and abandonment of a portion of Jersey A venue beginning on the south side of Virginia Beach Boulevard and extending approximately 107.90 feet in a southerly direction in the Kempsville District with five conditions. Eddie Bourdon: Mr. Chairman, again, Eddie Bourdon for the record. We are in accord with all the conditions and I ensure the Commission that this street closure will not come back again. It will be finalized. Barry Knight: Thank you. Eddie Bourdon: Thank you very much. Barry Knight: We've seen it about three times before. Anyone present today that objects to putting agenda Item #14 & 15 on the consent agenda? If not, Mr. Livas. Henry Livas: This request is a closure of a portion of Jersey A venue at the south side of Virginia Beach Boulevard, and the applicants intend to purchase the two halves of Jersey A venue to incorporate it into their adjoining properties. As far as the background is concerned, you may have just heard that the street closure was previously approved by City Council on June 12,2001 and also on June 22, 2004. However, in both cases the applicants failed to follow through on the conditions of closure and the approvals were subsequently voided. We recommend that this closure be approved since there is no need Item #14 & 15 Boynton & Pile Page 2 for the right-of-way except for drainage. We also recommend approval of the request along with five conditions. One of the conditions would address the drainage issue. Therefore, we put this on the consent agenda. Barry Knight: Thank you Henry. Do I hear a motion? There is a motion to approve by Kathy Katsias. Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. Any discussion? Call for the question. ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYES NOO ABSO ABSENT 3 ABSENT AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 8-0, the Board has approved Items #14 & 15 for consent. 1 2 3 4 5 6 7 8 9 10 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A 2,512 SQUARE-FOOT PORTION OF THAT CERTAIN STREET KNOWN AS JERSEY AVENUE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA": 11 WHEREAS, Lope B. Pile and Mercy Pile applied to the 12 Council of the City of Virginia Beach, Virginia, to have the 13 hereinafter described street discontinued, closed, and vacated; 14 and 15 WHEREAS, it is the judgment of the Council that said 16 street be discontinued, closed, arid vacated, subj ect to certain 17 condi tions having been met on or before one (1) year from City 18 Council's adoption of this Ordinance; 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the 20 City of Virginia Beach, Virginia: 21 SECTION I 22 That the hereinafter described street be discontinued, 23 closed and vacated, subj ect to certain conditions being met on 24 or before one (1) year from City Council's adoption of this 25 ordinance: 26 GPIN: 1467-85-8624-0000, 1467-85-6657-0000 1 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, which is shown as the eastern half of the unimproved portion of Jersey Avenue, designated and described as "(2,512 SQUARE FEET)" shown as a portion of the cross-hatched area on that certain plat entitled: EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE TO BE CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA" Scale: 1" 25', dated August 3, 1999, prepared by John E. Sirine and Associates, Ltd., a copy of which is attached hereto as Exhibit A. 43 SECTION II 44 The following conditions must be met on or before one 45 (1) year from City Council's adoption of this ordinance: 46 1. The City Attorney's Office will make the final 47 determination regarding ownership of the underlying fee. The 48 City Attorney's Office will review the prior payments made to 49 the City by the applicants to determine if they are in 50 compliance with the "Policy Regarding Purchase of City's 51 Interest in Streets Pursuant to Street Closures," approved by 52 City Council. Copies of said policy are available in the 53 Planning Department. 54 2 . The applicants shall resubdivide the property and 55 vacate internal lot lines to incorporate the closed area into 56 the adjoining parcels. The resubdivision plat shall be 2 57 submitted and approved for recordation prior to final street 58 closure approval. 59 3. A public drainage easement satisfactory to the 60 Department of Public Works shall be provided on the final plat. 61 4 . The applicants shall verify that no private 62 utili ties exist wi thin the right-of-way proposed for closure. 63 Preliminary comments from the utility companies indicate that 64 there are Virginia Natural Gas utilities within the right-of-way 65 proposed for closure. If private utilities do exist, the 66 applicants shall provide easements satisfactory to the utility 67 companies. 68 5. Closure of the right-of-way shall be contingent 69 upon compliance with the above stated conditions within one year 70 of approval by City Council. If all conditions noted above are 71 not in compliance and the final plat is not approved within one 72 year of the City Council vote to close the street, this approval 73 will be considered null and void. 74 SECTION III 75 1. If the preceding conditions are not fulfilled on 76 or before May 22, 2007, this Ordinance will be deemed null and 77 void without further action by the City Council. 3 78 2 . If all conditions are met on or before May 22, 79 2007, the date of final closure is the date the street closure 80 ordinance is recorded by the City Attorney. 81 3. In the event the City of Virginia Beach has any 82 interest in the underlying fee, the City Manager or his designee 83 is authorized to execute whatever documents, if any, that may be 84 requested to convey such interest, provided said documents are 85 approved by the City Attorney's Office. 86 SECTION IV 87 A certified copy of this Ordinance shall be filed in 88 the Clerk's Office of the Circuit Court of the City of Virginia 89 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 90 BEACH as "GrantorU and LOPE B. PILE and MERCY PILE as "Grantee.u 91 Adopted by the Council of the City of Virginia Beach, 92 Virginia, on this day of , 2006. CA-9856 X:IOIDIREAL EST ATEIStreet ClosurelPile CA98561CA98560RD.doc R-1 May 11, 2006 APPROVED AS TO CONTENT: ~ f-t(.oL Planni~partment APPROVED AS TO LEGAL SUFFICIENCY: ")J{1R a l VvVuJlow City Att~rney 4 1 'NUIt.:::>: i, ~.A.ERiDi.A.~ SOURcE BASt.D ON PL: ~ECOR[lED iN DEED BOOK '_I.r [) ORT,'O. ~, (),e" Jt- RS" '( ,A,\i[I\J'u'E_. Tn BC' r,[ ~'~~'-, '-T7 ~"r-7'-:1 · '- , " I,. v ,<";..,...1), l::....:::... ,,' / LJ 3 ,AREA OF .ERSEY A VENIj[ TO BE, CLOSFD = 5,607 SQUARE FEET /0.129 ACR( .~ THIS p;..AT is NOT I~HUmED TO SHOW .tN~ CASEMENTS OR PHYSICAL FEATURES THAT MA Y An; f:.CT :HIS PROPEfH'(. J, TH!3 ?LA,'j DOCS NO" CONSi1TUTf A SUf3DJ\!.SiOr'1 OF LAND. 6, THIS Pl.;' T ?RF.PAF<C) i'/'TWy,n n.F BF.Nf-YiT OF A TITLE REPORT. V:)H r P'/'.; ~ ~ S B)"()' .~... .(:1 ' f ~,'f .~C; J i. 29,89' ~J ~~ . <J~~,\'C, "" .",- , (;L) i)RILL J.10LE EXHIBIT A ~~~-:-:"^:; 15~ .~. · .-. .. " ~ ~~ ~ 1 ~ ~Q ~~ . ~a:'<., :!l:; tp . "",n ~ OLD l?I?Q/.A1 1'" 1(/-4 . ..> 1"4//, (~"io? ~~.... ~ tSot. ~f' I-t/Ciy/"i/.)lf''1 CJ.t J4. . ""'0 '4;- IAh ~ ' ' ''''~ (0 Z " ,otr;'YIDl"I-f qlllJJ~ t: .~ /....SO V'~Cr .-?/~I~ ~ <?S & '1..J, <. If 00 'Q ';If.l:')^ i ,/ 6' ~e,',o /W..... :s&..... 'rV< / ',J . 'S& <'0<, ',.Jot / / <:? I) ~ .... '01 /,/ /' / / .9>, ~ . "./'" ,,,/ ,,/ / / ~ ...".. ."," "'",., "./.. / ./ / 0'",' ./ / ./ ,/ ". ." / '/ /' ,.r ~ ..' /:....... ./' /'. ,.....// g . /1-/ I- , r-- / 1.Ll/ , W/lC) to " W / /W 01 ~ .' __ ~ /3: / I.L.. / ,/L.:J/. / W ,/ / cr./ r') '0 /0:: / , .,' ~/-; O!.' ~/ / l'-/O/ol'- 0/ u;:/ W o';? /Vl / ~ ~) .'U; ,;0 /" N/ ~~ r- ~ ,.. Ol .' ~~, 1..0 "> ~ / all Z. lC) /['1 . '> ,,' .. .. "...,. OJ ~ '---;--..' . .:2 / / .c::;./ P- I u') ./ ' / / 0 :.0 Lf)., ../ , ' . /'0 (I) "v./ / // / /' Vl I ," ~ -.. // " ;;; 0 " / / / / ~ 0 /' /' /' j/ / Z.'- // // // / . .,/ [---// // // // /' - z '-' ./ // '== 25.36'.<: 1l / <:> LOT 4 ,/ r1{,~; R = 38.0~ ~. !:::. = 108'01'12" /t,~ __ A = 71.64' /" T = 52.32' C =-" 61.49' CB = S 53'4S'41N ! h LOT! '$ I .1.1 I -i LOT :' I LOT .3 LOT 4 rf~5\, \\JI ''='" e lOT 5 -q- C"l to !XJ I to ~ LOT 3 l'- to -q- ~OT 6 L.() T S 89'45'05" w ~ Bl DCK 25, EUCliD PL...\CE .-. . (M.B. 4, P. 6.3) (;;~!N ~467.-8'.>-6'~2i ~, .....'1 <0 lC) w~ ,.... ::> ......... co Z 0:: lC) WIn-: >~ ." <9<0 I.i.. ~Q;:; >-~..f~ UJ ~ . . (I)-rom ~~~c:i w>.................. "":) ......... ,[) L01 7 ~- o ..J \0' t-. o ....J EXHIBIT PLAT SHOWING .A. PORTiON OF JERSEY AVENUE TO BE CLOSED .A.DJA.CENT 10 LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE U.1.B, 4, P 63) VIRG!N!,i\ 8EACH. 'vif~GiN:A. SC;'.LE: i "='25' AUCUST .3, 1999 l!) "<t ('J L\.l....... ~ ::L () r') (J) u<(tO I O....J . U) Q.. Q. (J) ....J I mo"';l'- _ lD - J . "<l- I'. C) ill ~. '")~ f-- IlJV ~ o. c.. ..1 c.:> I := : ~ ~~ !~ .~ JOHN E. SIRINE AND ASSOCIATES, L TO. SURVEt'ORS' ENGINETRS. Pl.ANNERS 4317 BONNEY RO~D V:RG!Ni,t., [3E: ACH, ViRGINiA 23452 25 5P 1:t ~"'''''''''''M''''''.'''_''''"~&'III'''..:--'' .~_. ok!_.~ ........ ................:-......,...,u....._ --- 1 qa FEET -'1 REVlsm: NOV, 12, 1999 GRAPHIC SCALE ... . .. 1-"", ~ .., ......'.,. ....,,',...'" ........... "'~..'....~'~....r..li.'. '..,_.~H..1....~,,~........I.QL~,;j.l.l.J...Lo'i..l!..I.l::.L~...:uii...:...,.... ;,'" :K-''''-I....._:~'.I"i.......~~~J&..J,.J ~_.,' u.", ; , SHEET 1 OF P-I Herbert R. Snellin~.'r. Lake Windsor P -I Map F-7 MClP Not to Scale ~ N j Mount Trash more P-I / , '- CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Herbert R. Snelling, Jr. - Subdivision Variance, Old Forge Road (DISTRICT 3 - ROSE HALL) MEETING DATE: May 23, 2006 . Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Herbert R. Snelling, Jr. Property is located on the west side of Old Forge Road, approximately 200 feet north of Woodlake Road (GPIN 1477906040). DISTRICT 3 - ROSE HALL . Considerations: It is the intent of the applicant to subdivide this 1.93 acre into two (2) lots for single-family dwellings. The property is currently vacant and was recently sold to the applicant by the Commonwealth of Virginia. Newly created lots in the R-7.5 Residential District are required to have a minimum of 75 feet of lot width at the front yard setback and at least 7,500 square feet of land area. The lots are well above the minimum standard for lot area, as proposed Lot A will have 28,206 square feet and proposed Lot B will have 56,054. However, the lots do not have sufficient widths at the front. The lot width is measured at the minimum front yard setback of 30 feet. The configuration of the lots is such that there is more length at this front yard setback than at the street; however, Section 200 (d) of the Zoning Ordinance requires that at least 80 percent of the required lot frontage be found in the length measured at the right-of-way (the street line frontage). In this case, the lots each need at least 60 feet of street line frontage. Proposed Lot A will have 82.50 feet at the right-of-way, however, proposed Lot B will have only 32.90 feet at the right-of-way. Thus, the granting of a Subdivision Variance by the City Council is necessary before these lots can be recorded. In order to grant a variance, the City Council must find that a hardship exists (the criteria of hardship are described in the attached staff report). Staff concludes that there is a hardship in this case resulting from the fact that this lot is not a typical residential lot and thus has a configuration unlike that found in this residential neighborhood. The site is a vestige of property owned by the Commonwealth and used during the construction of the original Norfolk-Virginia Beach Expressway (now 1-264). The proposed subdivision will integrate the property into the residential neighborhood and fill a long-standing gap in this streetscape. Herbert R. Snelling, Jr. Page 2 of 2 The Planning Commission placed this item on the consent agenda because the proposal is consistent with the surrounding single-family residences, the Commission felt a hardship exists, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request with the following conditions: 1. Each lot shall have only one (1) single-family dwelling on it as depicted on the plan entitled, "PRELIMINARY RESUBDIVISION OF A PORTION OF PARCEL G-1," dated 09/23/05, prepared by ART-RAY CORP. 2. No land disturbance shall be permitted within the Resource Protection Area or within the variable width buffer, as defined by the City of Virginia Beach Chesapeake Bay Preservation Area Ordinance, without review and approval of appropriate City Staff and, if determined necessary by City Staff, the Chesapeake Bay Preservation Area Board. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager:~S k-. ~ 0ClAL. Map F-7 Mop Not. to S-:~le REQUEST: P-I Herbert R. Snellin!!. lr. Lake Windsor P -I HERBERT R. SNELLING, JR. Agenda Item # 1 0 April 12, 2006 Public Hearing ~ r Mount Trashmore P-I Staff Planner: Carolyn A.K. Smith 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. Subdivision Variance ADDRESS I DESCRIPTION: Property located on the west side of Old Forge Road, approximately 200 feet northof Woodlake Road. GPIN: 14779060400000 COUNCIL ELECTION DISTRICT: 3 - ROSEHALL SITE SIZE: 1.93 acres Existing Lot: The existing lot is 1 .93 acres and has 115.4 feet at the right-of-way. The property is currently vacant and was recently sold to the applicant by the Commonwealth of Virginia. SUMMARY OF REQUEST Proposed Lots: It is the intent of the applicant to subdivide 1.93 acres into two (2) lots for single-family dwellings. Newly created lots in the R-7.5 Residential District are required to have a minimum of 75 feet of lot width at the front yard setback and at least 7,500 square feet of land area. The lots are well above the minimum standard, as proposed Lot A will have 28,206 square feet and proposed Lot B will have 56,054. The lot width is actually measured at the minimum front yard setback of 30 feet. The configuration of the lots is such that there is more length at this front yard setback than at the street, however, Section 200 (d) of the Zoning Ordinance requires that at least 80 percent of the required lot frontage be found in the length measured at the right-of-way (the street line frontage). In this case, the lots each need at least 60 feet of street line frontage. Proposed Lot A will have 82.50 at the right-of-way, however, proposed Lot B will have only 32.90 feet at the right-of-way, thereby necessitating a Subdivision Variance. lItem I Lot width in feet I Street line frontage in Required 75 60 Lot A 85 82.50 Lot B 90 32.90* I feet I Lot Area in square feet I *Variance required 7,500 28,206 56,054 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: . Mount Trashmore City park I P-1 Preservation District . Single-family dwellings I R-7.5 Residential District . Old Forge Road . Single-family dwellings I R-7.5 Residential District . Mount Trashmore City park I P-1 Preservation District West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is grass field. The rear of the property has a tidal ditch that runs the length of the lots. This ditch is a feature of the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. No land disturbance is being proposed within the sensitive area. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Old Forge Road is a two-lane undivided local street. No CIP projects are proposed for this area. WATER: This site must connect to City water. There is an eight (8) inch City water main in Old Forge Road. SEWER: This site must connect to City sanitary sewer. There is an eight (8) inch City gravity sanitary sewer force main in Old Forge Road. The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both COMPREHENSIVE PLAN HERBERT R.?NElLlNCi~I!!;~R. Ag~n(ja.lteI1l110 e@g~? residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions. The recommended conditions are provided below. This property was recently sold by the Commonwealth of Virginia to the applicant. The request is consistent with the existing neighborhood in terms of use, lot size and layout. Section 200 (d) of the Zoning Ordinance requires that at least 80 percent of the required lot frontage be found in the length measured at the right-of-way (the street line frontage). In this case, each of the two proposed lots need at least 60 feet of street line frontage. Proposed Lot A will have 82.50 at the right-of-way; however, proposed Lot B will have only 32.90 feet at the right-of-way, thereby necessitating a Subdivision Variance. The minimum lot size of 7,500 square feet and the lot width of 75 are both exceeded. Staff concludes that there is a hardship in this case resulting from the fact that this lot is not a typical residential lot and thus has a configuration unlike that found in this residential neighborhood. The site is a vestige of property owned by the Commonwealth and used during the construction of the original Norfolk-Virginia Beach Expressway (State Route 44). The proposed subdivision will integrate the property into the residential neighborhood and fill a long-standing gap in this streetscape. CONDITIONS 1. Each lot shall have only one (1) single-family dwelling on it as depicted on the plan entitled, "PRELIMINARY RESUBDIVISION OF A PORTION OF PARCEL G-1," dated 09/23/05, prepared by ,..' ....... . -". . HERBERT R. .~NELUNG"iiJR. AgendaJtem~10 ~~9!3 ART-RAY CORP. 2. No land disturbance shall be permitted within the Resource Protection Area or within the variable width buffer, as defined by the City of Virginia Beach Chesapeake Bay Preservation Area Ordinance, without review and approval of appropriate City Staff and, if determined necessary by City Staff, the Chesapeake Bay Preservation Area Board. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Poiice Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 'v ,~< ;'...~;;""'._~ P-.' -<', :::':~ HERBERT R. $~ELLlN(3,i~R. Ag~nda.ltem 10 4- AERIAL OF SITE LOCATION W' HERBERT R. SNELUNG,(!~R. Agen(ja ..ltem~1.o . ,'~@.g~5 . -: . ~-= !' i fi lor IIJ J I; 2 '. I; ! I J " I I . II I I. -.- I' ili :.1 II... ,IIII' '1 ~;J 1 1- 'W'I ,-Is .. -I .111 5....1 .cd PROPOSED SITE PLAN + N J P-I Herbert R. Snelline. 'r. Lake Windsor P -I Map F-7 Mop Not to Scole Mount Trashmore P-I Subdivision Variance I 1 12 I 04/08/85 I 10/10/83 I STREET CLOSURE I CHANGE OF ZONING (R-6 to A-1) I Granted I Denied ZONING HISTORY .'iOI1VJr .,C.dY HJ.mHVA .\IOISIAI<IanS n 1-' !Z W ! :.E . 'Wi 'I- ' '<( til- ~ :1 '0:: ::;)' ill) . [...:.9... u t/) i3 !}.;; '" '" 0.'" '" <J ~ Q ~~~ 'is iii.S! ",-"0 C10:: ,Il l!' '" ~Qg} ~:~,~ ~ :~ the.;; g> ;!;-g~ ::;)3:'tI::< U)6.~g 9 ~~ ~ U~od.l !!!::;:::li :;5~~ ~ ~.~~ O 0--.$! .. -0 ... E ~Hl a_ g-!~~ ~ <(~~tri e:::c~ ~~'~ ~ o a."''''' g K~~ g-g~~ ~0-a~ bg~$ ~g-oi0 --2l'" ~~~'~ ~sjgi <ll ~~o 00_ aig~ ,.J:: e::: ~~~ "'oC xwW ..~E t;~~ 5-> ~~l5 i'ie- gcg i'=....l ! ~~ :~~ : ~&.a: ~..=iii e-., ..., .Q. 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Uj_tc: !!!~ ;~ ~ '-00 ;> '--0 ~oo8.t:....~ e '" V ~':;( 9- .. 0 -0 c " C. <ll (; ~ .... -..- ~., i:c ,~>'e....Q. '~:E -: ~ ,~ : if E '5i .! 'E ei ~ ;- tti .;Q 0 1 rJ 1 ~ 8:,":5~ 'iji,g g~ 2~~:5$ 'iji,g ijg i~ ::-.~_1;)= ~.$ .r:.~ !Q.O::;~ ';is ~.~ lJi i -s~~Q. ;e ~o %~p= ::;E? ~- '" . =0- N ~ <':>::5""': ci .M:\ '.e _'iOI1VJr liLY HJ.mvrA .'iO=SX<I(flS u " '" ~ ~ DISCLOSURE STATEMENT HERBERT R.~NELLlN~,?~R. Ag~nda.ltem<m.10. . e~g(:t.~ Item # 10 Herbert R. Snelling, Jr. Appeal to Decisions of Administrative Officers in regard to Certain elements of the Subdivision Ordinance, Subdivision for Herbert R. Snelling, Jr. West side of Old Forge Road District 3 Rose Hall April 12, 2006 CONSENT Barry Knight: Next item is Item #10 to be put on the consent agenda. Herbert R. Snelling, Jr. An appeal to decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Herbert R. Snelling, Jr. The property is located on the west side of Old Forge Road, approximately 200 north of Woodlake Road, District 3, which is Rose Hall. Is the representative for the applicant here? Welcome sir. Please state your name for the record. Herbert Snelling: Good afternoon. My name is Herbert Snelling. I'm the applicant. I've read the conditions and we agree to those conditions. Barry Knight: There are two conditions. Herbert Snelling: The two conditions. Yes sir. Barry Knight: Okay. Fine. Is anyone present today that does like to see this put on the consent agenda? Okay. I've asked Gene Crabtree, the Rose Hall District representative to comment on this. Eugene Crabtree: This piece is owned by the State of Virginia and has been owned by the State of Virginia for a number of years when they were constructing 1-264, and when Mount Trashmore was being put in sitting right in the middle of a residential district. Since the State decided not to develop or do anything with it, they wish to sell it. The City did not wish to purchase it so when Mr. Snelling purchased it and is going to build two residences on it. It is right in the middle of residential area. There is no other use for this particular piece of property. It does conform with the Comprehensive Plan, so we put it on the consent agenda. Barry Knight: Thank you Mr. Crabtree. Do I hear a motion? Ms. Katsias to approve by Kathy Katsias. Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. Any discussion. Call for the question. Item # 10 Herbert R. Snelling, Jr. Page 2 ANDERSON BERNAS CRABTREE HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYES NAY 0 ABSO ABSENT 3 ABSENT AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 8-0, the Board has approved Item #10 for consent. -, - 48- Item V.K.2. PLANNING ITEM # 55196 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of May 23, 2006, an Ordinance upon application BURTON and NANCY C. JUDA for a Conditional Use Permit re a residential kennel: ORDINANCE UPON APPLICATION OF BURTON & NANCY C. JUDA FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL Ordinance upon Application of Burton & Nancy C. Juda for a Conditional Use Permit for a residential kennel on property located at 205 Coventry Road (GPIN 1467319782). DISTRICT 2 - KEMPSVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 9, 2006 Burton & Nancy Juda / " '- CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Burton & Nancy C. Juda - Conditional Use Permit (residential kennel), 205 Coventry Road (DISTRICT 2 - KEMPSVillE) MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Burton & Nancy C. Juda for a Conditional Use Permit for a residential kennel on property located at 205 Coventry Road (GPIN 1467319782). DISTRICT 2 - KEMPSVILLE This item was deferred by the City Council on May 9. . Considerations: The applicant requests a Conditional Use Permit to allow for a residential kennel for eight adult dogs. The City allows four adult dogs as the limit without a residential kennel permit. When the applicants moved to Virginia Beach this past year, they tried to obtain animal licenses for their seven adult dogs. The applicants were informed that they could not receive licenses for their seven dogs until a Conditional Use Permit for a residential kennel has been granted by City Council. Currently, the applicant has six Papillions (a small breed dog) of various ages and one miniature poodle (approximately 7 years). Some of the dogs have had obedience training. The dogs are kept indoors in kennels located in a heated and air conditioned room (marked Den on the site plan) that was once the attached garage. This room has doors directly to the outside. The dogs are with the owners when they go outside in the fenced in back yard. The applicants are also considering an additional larger breed dog that would not be a Papillion or miniature poodle thus the request for eight dogs. The applicants have not owned their property a sufficient time period for neighbors to know if the dogs will be disruptive to the neighborhood. Therefore, staff recommended to the Planning Commission that the number of dogs permanently at the home be limited to seven (7) dogs and that a one (1) year administrative review be performed from the date of approval in an effort to monitor any future complaints. At the end of the one-year period, the applicant may modify the conditions to allow eight dogs if no complaints have been issued. Burton & Nancy C. Juda Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 7-1 to approve this request with the following conditions: 1. No more than seven (7) dogs shall be permanently on the property at one time under the applicants' name. 2. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the Residential Kennel needs additional consideration based upon complaints, the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ~ Submitting Department/Agency: Planning Department City Manager: '(j'--9-':I k-. ~ ~ Map C-7 Mep No~ to Sc~le BURTON & NANCY C. JUDA Agenda Item # 18 April 12, 2006 Public Hearing Nancv Tuda Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for residential kennel. ADDRESS I DESCRIPTION: Property located at 205 Coventry Road. GPIN: 14673197820000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 10,903 square feet The applicant requests a Conditional Use Permit to allow for a residential kennel for eight adult dogs. The City allows four adult dogs as the limit without a residential kennel permit. When the applicants moved to Virginia Beach this past year, they tried to obtain animal licenses for their seven adult dogs. The applicants were informed that they could not receive licenses for their seven dogs until a Conditional Use Permit for a residential kennel has been granted by City Council. Currently, the applicant has six Papillions (a small breed dog) of various ages and one miniature poodle (approximately 7 years). Some of the dogs have had obedience training. The dogs are kept indoors in kennels located in a heated and air conditioned room (marked Den on the site plan) that was once the attached garage. This room has doors directly to the outside. The dogs are with the owners when they go outside in the fenced in back yard. The applicants are also considering an additional larger breed dog that would not be a Papillion or miniature poodle thus the request for eight dogs. SUMMARY OF REQUEST . LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family home SURROUNDING LAND North: . USE AND ZONING: South: . East: . West: . Single-family homes / R-7.5 Residential District Single-family homes / R-7.5 Residential District Across Coventry Road, single-family homes / R-7.5 Residential District Single-family homes / R-7.5 Residential District BURTON & NANCY C. J.QOA Agendaltf!m;!18 ....eage1 ~.- ~- ,-,-,>:' , . -'><:. . '<":'-<:, NATURAL RESOURCE AND CULTURAL FEATURES: The site has residentially scaled landscaping. There are no significant natural resources or cultural features associated with this property. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES ANIMAL CONTROL: No recorded complaints about the dogs at this residence. No required Animal Licenses have been issued in the owner's names or for the listed address. The Comprehensive Plan designates this area as being within the Primary Residential Area. The land use planning policies and principles for this area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, residential and non-residential, located in and around these neighborhoods should serve as a guide. COMPREHENSIVE PLAN EVALUATION AND RECOMMENDATION Staff recommends approval of the request with the conditions provided below. The applicants have not owned their property a sufficient time period for neighbors to know if the dogs will be disruptive to the neighborhood. Staff is recommending that the number of dogs permanently on site be limited to seven (7) dogs and that a one (1) year administrative review be performed from the date of approval in an effort to monitor any future complaints. At the end of the one-year period, the applicant may modify the conditions to allow eight dogs if no complaints have been issued. CONDITIONS 1. No more than seven (7) dogs shall be permanently on the property at one time under the applicants' name. 2. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the Residential Kennel needs additional consideration, based on complaints, etc., the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. BURTON & N~NCY C. J~.oA Ag.~nc:ta Item 1"18 ..,e~~~~ NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPT ED) concepts and strategies as they pertain to this site. BURTON & N,~NC" c. J~DA Agenda Item,3tt:t8 . . . '~.@g!~ AERIAL OF SITE LOCATION r'......._.. ,'> ,,' ,,_,__",.__"', BURTON & NANCY C. JUDA Agenda Item^' 18 ^^^:Page~ EXISTING SITE PLAN \ lOT 10 / / N 34'39'16" E -- --- LOT 9 /+ \oJ <.> io5 CO'" .~ "'"Iz ~::i z '< ::25 FRAME SHEO~ /WOOD FENCE 18.1' ~~, 7.6' Vl 17.l!" '-I~ 1 STORY ~ FRAME #205 ~ ~ ~ l:I LOT , ~ w <.> z w ... 3? Q. LOT 6 . Ii'l C'oI }... q Cl?' 25,0' ~:~~I-..t1~ ZT<-! WOOO) iCl' FENCE ~:;:,::. i~t~ ~~l ~'I ~'<.~ -;OO'OS M .~,lQ:v-S .rt::::' COVENTRY ROAD (60' R/W) 39.0' LOT 8 I~ 21.2' 1"'1 I~ I~. - :1:127.98' TO LEESBURG DRIVE (SO' R/W) ...- ~ BURTON & NANCYC~ JIJOA Ag~ndalte 18 Pa 5 INTERIOR LAYOUT .1fSt t: E ~ E (0 ~ '0 ~ "0 c! i ....: CD <'! .... CD tD ...- N - .S'H = i CD I ~ c CD (3 CD E fj "" z'n 8 - 11) 0 2 ::Joo. cO a:: If - C :::J (fJ E .tru 8 a:: . CD J s:::. ~ c 1; '5 ::i ,Q (:) ~ u; I ..- N ~ '0 C ::J ~ Z'VZ ,- "" <""\ ~." -\" ......., -'~....i-.." -"C' ',c,.,,,. ,...." "'" <--," '. "':"",:", BURTON & NANCYC. JU.DA AgellcJa ..ltem~.t8 ^e~g~6 ':;;:,>"'1 PHOTO OF EXISTING BUILDING .,.- ",' ,:,:.,.,"",}: -..-..:',:.,: BURTON & NANCY C. JQDA Agenda Item # 18 .. Pag~ 7 PHOTO OF KENNELS BURTON & N~NCY C. J.,t.tDA AgendaJtem'1t18 ..<~~9~~ ZONING HISTORY Burton & Nancv There has been no recent zoning activity in this area. BURTON & NANCYC. J8DA . Ag~nda.ltem/!c18 .p~ge9 ',','.......,.:.".:..._,..,H" - I- 'Z :1.lI '~. iI.I II- 1< 'I- IU) 11.1.I 10: I~ '0 I.J 10 15 I I I , W g~ Q.- "'0 es .s:S.~ ~t=.! ~'O-g ~e~ _00 g~~ <>22 ~ Cl.:J; U) 2~ '" w~o~ ~j:OS CIl~.s8 o Q'e<.J -' ~"" ": ~~g~ :: ~ :r~ ~ ~ g'~ O$'5'S! E~-5~~ c'o;e"'~ c"g ":;: t; <~~t~ ., ;:'.2 ~ 01:2", t> ~i:,: ~.~~~ .~"'O(t;.::; <5QQl;.> rp; - .s ~gf~ ~@ iw ~~~~ .~ 0 ~.~ -.J_~1.b J ~ .~ .... { 1 ~ o s;: '" o.-G_ ao.:; a1.~~ .r::e'" ~o8 !! Q..- ~g; Qf;jS d_E 5= ~ ~U tEa .i g>8 ~1; ~!a 'co !..! ~a1$ e-" 'o.i~ ~re ' ~o.,go ';2'-2;; i'g ~'" 1:'-'= 0"" ~s~~ 7065.""8 -g.a:-go .~~~~ e:S~ti ~~!~ - e;: 0.- og'f 2-; ~ ggE DISCLOSURE STATEMENT Oil> ~ 1: L . ,!O .Q.~-;~ ~ a ~ ~-:~o.'6 :;~i,g.Q ~~ ;;z< i:~:;::2s~a;g~~ ~~g-'i2 ~E:-~ ~,~ ~ ~~E.!!"':sS~gQc: 1; E c! .. i ~ ii:: ~= d.tCQG)J: s.j,~co e."o..c:-*o.cu:g;g ! ;~sa~: c~: 0= i.'S;:';::;''!;''~''~~o =~ ~~.f] &~i i~ ~~i~ij~~il~i5E ..o.,C::eslE'-"''''_ ~""...1"le o;;~" c-ll>a;........", ~ . c:t;.r:: .r::" '" is ,So"lIi -:; a;:'5:) So i.i~~" ~""Q5- .1;' '" ~.r::.so=i ",0 ~ .giil!e~..ao.~.!!o .!!x'5';::.Q g...s "'e-' QC)aJoi!s..oeJil~12 :~~= i=~ al'E E"= Ci ~'-:.s -0 ie ~ 8 ~ o~ . B-ij ~t~ c: 0 5: (Gs ~'~ ~~Zg.~ 5 ~li .sg's-e-e'" !.E~-e(l) (l')Ca.O. -.eo$!S., ~e-OSEE8<w:;," i 2' '! : '" ~ :g ! g ~i .,.: ~.!!!.!l:O'b~C'tA=;:~ ='0 ~ .':.s;':5 CD:t _ ......~ ~! 1l: "~liij.s2~~ . i ~ b .: _ S - "5 .. c: ... N .:. 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JQ.DA Agc;;nc:laJtemsli~8 .,~;:JQ!E~,P, Item #18 Burton & Nancy C. Juda Conditional Use Permit 205 Coventry Road District 2 Kempsville April 12,2006 REGULAR Joseph Strange: The next item is Item #18 Burton & Nancy C. Juda. An Ordinance upon Application of Burton & Nancy C. Juda for a Conditional Use Permit for a residential kennel on property located at 205 Coventry Road, District 2, Kempsville. Barry Knight: Welcome ma'am. Please state your name for the record please when you get ready? Nancy Juda: My name is Nancy Juda and my husband is Burton Juda. He is also with me. Barry Knight: He is more than welcome to stand beside you if he cares too. Nancy Juda: Okay. This picture. I'll pass it around. You all look at. These are the cage banks where the dogs stay. They also have interior water pails attached to the inside of the crate. On the outside, most of these crates that we are working on them there are signs. ON the signs have important information such as the name of the dog, the age of the dog, the type of food that the dog eats, the veterinarian information of when the dog had their shots. The simple solution is what we used inside for cleaning these. This is simple solution. This is to clean the crates. These kennels are heated. The kennel they are in, originally was the den, and before that was the garage. Now the room is an enclosed room. It has heat air conditioning, carpet, paneling, and there is a ceiling fan for their comfort. There is also a door the living room with twelve glass panes to view the dogs in the room from our living room. A comfortable room means a quite dog. There is a sign on the outside on the driveway to the utility room, which goes to the kennel room so that no dogs can escape. The signs says, "seven dogs live here and they are our family pets." The dogs are brushed every week and kept clean. I am a licensed dog groomer. I took that course about 20 years ago. We use plaque remover in their drinking water and greenies to chew on for their plaque and pleasure. There is an outside pen outside the door picked up daily and cleaned. So there is no odor. The dogs are never outside alone. I am with them when they go outside. I'm not the one to open the door and send my dogs outside and stay in the house. I am with them each and every time they are outside. All of my dogs have had some sort of obedience training and I have been doing obedience training since I was a child. A happy trained dog is a quiet well-behaved dog. I also have a talking bone. That is played each and every night so the dogs know that. If I don't have it in my hand I always say the same thing, "good night mommy loves all the puppies. Item #18 Burton & Nancy C. Juda Page 2 Everybody go to sleep." There is also a camera in the dog room, which can be viewed from our bedroom television set while we are watching television. We can switch right to the camera over to see what the dogs are doing. This can be viewed late at night or early in the morning or at anytime during the day. OUT dogs weigh between 5 to 10 pounds each. And this is a little about a Papillion. It states that the Papillion is a small friendly toy breed of fine bone structure like dainty, and brightly actioned, distinguished from other breeds by its beautiful butterfly like ears. The height of the withers, that's the back, is 8 to 11 inches. The temperate says happy, alert, and friendly, neither shy nor aggressive. I'll pass that. Okay. Its your turn. Burton Juda: Did she leave anything out? I'm not sure. My name is Burt Juda. One of the things that I contribute is I keep a spreadsheet and keep track of the dog's shots. I make sure that all the dogs are up to date on all their shots. I make sure they are heartworm tested every year and are heartworm preventative year around. I use some computer calendering to make sure that we are reminded whenever they need shots. We moved down last year from my job, we searched for a home suitable for us, and our dogs. Our basic consideration was finding a home that could accommodate the dogs for what we wanted. This home was exactly what we wanted because it had the finished garage. We could maintain them. They had access directly to the outside. I just want to add that these are our family pets. We don't breed them. Okay. They are practically our children. I'll pass this around. Nancy Juda: We have bred occasionally a litter on occasion. What we do is usually something if we're going to keep something. We've done it maybe every 2 or 3 years. That is why we have six Papillions at this point. I started in Papillions 13 years ago. So, that is why we have, at this point, have six Papillions. So any breeding that we have done or will do in the future will be kept to a limit of no more than once every two years for a litter. Barry Knight: Thank you. Burton Juda: Presently, only one of the females is not spayed. The others are spayed. The rest are males. Barry Knight: Thank you. I don't believe there is any opposition. Do we have any questions of discussion from the Commissioners? Mr. Bernas. Jay Bernas: When you let your dogs outside do you let them all six out at the same time or do you rotate two at a time? Burton Juda: It depends who is walking them. Nancy Juda: I was going to say that. If he is walking them he does it separately, a couple at a time. When I do it, I let them all out at once, except at night time when they go out Item #18 Burton & Nancy C. Juda Page 3 for their last one, after the feeding, they are out one or two at a time. So they are not making a lot of noise and running around and stuff like that. They don't bark at all. None of the neighbors have ever complained. We never had a neighbor complain. In fact, our next-door neighbors we've been to both sides, and behind us, and across from us, and no one has ever said anything about our dogs being a problem. They don't make noise. If they do, they said that it doesn't bother them. So, it can't be. From where they are at where are housing development it is a regular housing development. If any body were going to complain, we would be the fIrst ones to hear it. Nobody has every complained about the noise. The reason why I let the last one out at a time is because when I feed them, I let them out. They go out. I like to give two or one at a time. During the day and early in the morning when I let them out at 7 :00 in the morning, I let all six of them out together or all seven of them out together. Barry Knight: Mr. Livas. Nancy Juda: And I am with them when they go out.. Henry Livas: Could you elaborate on this temporary breeding, once every two years or so. When you do breed, are you going to sell those and stay down to the seven limit? = Nancy Juda: We intend to stay down to the limit at this point unless maybe down the road I was thinking possibly keeping a puppy some day down the road. But right now I don't want to keep any puppies. We only have one that is not spayed. The other two are spayed. So they are no longer being used for breeding. We never have more than one litter every two years. Barry Knight: Are there any other questions? Nancy Juda: And they only have 2 to 3 in a litter. They're small. I've never had more than three in a litter. I guess they could have more but I've never had more than three in the 13 years that I've had. Barry Knight: Thank you. Mr. Crabtree. Eugene Crabtree: I got one question. Now you let them out in the back yard. I'm concerned about how much exercise these dogs get. Nancy Juda: They are out 4 times a day. Eugene Crabtree: Four times a day and caged? Nancy Juda: The cages are where they stay at night. During the daytime, I usually let one or two in the house running around the house with us so they do get their exercise that way. They can be loose in that room all the time. Anytime they want. Item #18 Burton & Nancy C. Juda Page 4 Eugene Crabtree: But you do let them run some as well as they get proper exercise. Nancy Juda: They get proper exercise. They don't live in there day and night. No. As far as going outside, there is a patio out in the back, and there is grass way out in the back there. Eugene Crabtree: Very active dogs. Nancy Juda: But they are trained to go to the bathroom only on the patio part where there is a dog pen. They go to the bathroom there. They don't even go the bathroom in the grass so there is no problem with the dogs making messes. You will not find mess in my backyard. There is not a single one ever. Eugene Crabtree: I wasn't concerned with that. I presume that you clean it up ifthere was. I'm more concerned about the health and exercises of dogs since they are active dogs. Nancy Juda: Yes. Eugene Crabtree: That's what I wanted to say. Nancy Juda: Since I do the obedience training they do get their training out to. I use to go to agility classes every week, so right now I'm in the presence of taking one of them to agility classes but I do obedience, agility, free style, and anything related to the dogs. I'm always there. Dog shows, even if I just take one to the dog show just for fun. Barry Knight: Are there any other questions? Thank you. I'll open it up for discussion. Do we have any discussion? Do I hear a motion? Ronald Ripley: I'll motion to approve it. Barry Knight: A motion to approve by Mr. Ripley. Joseph Strange: Second. Barry Knight: A second by Joe Strange. There is a motion on the floor to approve by Ron Ripley and a second by Joe Strange. Is there any discussion? I'll call for the question. Nancy Juda: Are they understanding it that they are saying there are seven dogs now and that a year from now they are going to review us again to allow us to go for number 8. That is what is in the paperwork. Barry Knight: We approve it subject to the conditions as they are printed. Item #18 Burton & Nancy C. Juda Page 5 Nancy Juda: Okay. Barry Knight: You're approved. Thank you. Nancy Juda: Thank you very much. ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 7 NAYl ABSO ABSENT 3 ABSENT AYE AYE NAY AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of7-1, the Board has approved the application of Burton and Nancy C. Juda. Nancy Juda: Thank you sir. Thank you very much. April 12, 2006 BARBARA SMITH To: VIRGINIA PLANNING COMMISSION Re: BURTON & NANCY C. JUDA Ordinance upon application for a conditional use permit for a residential kennel on Property located at 205 Coventry Road (GPIN 1467319782). DISTRICT 2- KEMPSVILLE- STAFF PLANNER: Karen Prochilo. Dear Commission' Members, I recently received a letter from you, demanding my opinion about an Ordinance upon application of Burton & Nancy C. Juda for a conditional use Permit for a residential kennel on property located at 205 Coventry Road (GPIN 1467319782). I effectively own property directly adjacent to or directly across the street From parcel describe above. I live in a very calm, clean and nice neighborhood and with all due respect I Would like to keep it that way; Not that I have any problems with animals but a residential kennel will not Be appropriate for my neighborhood because of the reason I am about to state below: Smell Heavy traffic Day and Night Noise Dirt Disturbing the peace Therefore I am against any type of residential kennel on my property. I hope you will seriously consider this matter. if you need my further assistance regarding this matter please feel free to contact me at: bingobarbi29@yahoo.com; Also notify me via email upon reception of this email.. . thanks Sincerely APR-12-2005 08: 15 SENTARA HOME CARE PHARM. 7574101192 r ~~~. ~l ~. ~"n",.~ ~ ~(\. ~ >h ~341o V ,>\--I\--oto P.005 APR-12-2006 08:16 SENTARA HOME CARE PHARM. 7574101192 P.003 ,. j; ~" A.pr'L.6) ,~po b ... ,n," ..,..., __.....~, ,___' , ,,_ ,._'_. . _~8.._" ...._.... . __......._. .....~. ... . .. -.... . .......... '-"-'-'.. .-... ,..... .. . ........... . ..-... /';' ~Jard~~ ~ ",,~~rjz~L Ux-. Per)M i+ . .,.f~( '., ~~:i!5~vtf~5i , ~.~.~ (~, , d6~ ~~v~mr'1 R~. -:::t:z- iLl{q (vl~I~02 . ,.. ...... .. . . - .. ..- . ... ....... . " . - . . . . .- ,'. . .' . ...-.- .. {)n,.d.t2v-. ~ AA.t;dJI)j ,. 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NPT- qJ 11//..,0 ~lIflw J1~l2AbbA5 -70 eJ1J~'1 ~/i6 Lf4rM~ v/) t.r014 ~/f'lK.. ~ .....~c/;K;,Ja IJn/L G{~-Ik~'-(JCJr-h4./~ . l>>ood --kn& ;-j t:( ~(u6? {Jar- I APR-12-2005 08:15 SENTARA HOME CARE PHARM. 7574101192 P.004 No ):i. n-'16 fl,oT' a t/I.{bo. -Wr~ ,.is,,, ~ prp~tr('S ., "..... ~ ,~~/C fJrop~j'+-t 1c~f?,,;r'J 6,bfv!?: Lp';,'1. ,t;Jr ~n.~t:'."",.. ,WI1'1 (pb4ld ,.'< tJni1</ Oe,. '4/1~c1 ~ b~iC,;'d?, '~:s 4 "~rdJ~\) prOj~w i( aio.o" !YJ ~ ~~" .,. , , ~ c.lbfJ/~ l a/V1t()i4-5h,.;r,.h4//? ,~~~ h~t1 ~, r!U11.I(e'~~ Ifi~ ~ -'-0:lA.cl.~ '6" ~( ~V<v.} -fh{J~'v-h...,~~."d~.4. " ~l.,( V( -+1v2.tt2. ho~ l4f5f&~r,./eJ;.f!..lJ.f~11 fF. +, "Jo. ~-+ ~(I<V( r+w;t. YVtOP.4, dojs ,.,....A.r-~C*~ ~~ ,.l(t(~~J>.rJ .,. ., L_.. .. '- () ~.~,+ :O~( COIM~ht~.., ..' . ..,. ..,.. ",.,,, ".. , .,.. '." ,-rh4. 11 lL t{ tJ},,< ~fd-r 'f.th?bea('{ &f>n~r:Jcr It; 1- J... Page I of I Karen Prochilo .....-..................................... From: Hnsjones@aol.com Sent: Sunday, April 09, 2006 8:48 PM To: Karen Prochilo Subject: Dog Kennel Hi Karen,My name is WilliamS Jones Jr I live at 204 Coventry Rd Va Beach Va 23462 across the street from the Judas who is applying for a kennel permit.l'm TOTALLY AGAINST IT.This is a residental neighborhood not a dog kennel and I want it to stay that way.lf they want a dog kennel let them move to the country.S I'm very much AGAINST IT.So please do allow the permit.Thank you William S Jones Jr at 204 Coventry Rd .-=.. 4/12/2006 ,~-'L.~"~:..,-c, (: ""j ,~ c. (; / ' I .lL:tLl, J-}74 ' ../) .'. l-"/)>'~, 'J ' ~. APR 0 7 2006 ~ ~. p ,r).....--- ~i....Lu,..1:J, L.t-t--t...v1....t.-.L ~j/)~t-. A c 5' /i ~ .." ~' ., 1/. ~ , 1,;2 ,.1 ;/,-/1 /i C ;::-1 L.L~ll lei:!.., I.' .,{"'L,cy0-~..,_-<.-,--,, .. ~~A- U t t. L-J 2- ,--, / i/ ,'~: / --tlj /;. j'7v~b /<l-<..-'--l;Jt./.LLC<f'~' , , .:~~ .::L.t'1L- /'" ._. 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L,... ~,,-.:z.7 c....V-t...t../L L........_. --6-,"L c<- ~<<-"v1^- . }JL ~I"~ u..:.-c......~.:t: +C '~L 1/-,j;.......v.....h-L'L_ ...l...,..L <:.- ,_L.{~-c'-~";J ~ t~--La..X ~- 0-" r , .c/L- .......L...'L .:1:::;-<;..~. <T1'L- . .;(~f~"t:~~ 1.C!~. ~~ .' ) ::> f/- 0 9 0:< l: W /3.A.,vt ;j- ~. ~t:!i. .~~ ~If(P,j;. . "7!7 Wv ' Ci 00--, ~. ~ . 013.c/? C:J-- ) Map 1-11,12 Map Not to Scale r cJ CUP - Chuirch (Expansion - Family Life Center) / ~ , CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Courthouse Community United Methodist Church - Conditional Use Permit (Family Life Center), 2708 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Courthouse Community United Methodist Church for a Conditional Use Permit for a church expansion (Family Life Center) on property located at 2708 Princess Anne Road (GPIN 1494557644). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant requests a Conditional Use Permit to allow expansion of the existing 17,130 square foot building on the site by adding an 11,280 square foot family life center. The site currently has 154 parking spaces; 78 parking spaces will be added. This proposal is not an expansion of the sanctuary for new membership; it is to provide additional fellowship opportunities for the existing membership. The family life center will be open every day of the week, but the hours have not been established at this time. The proposed building will be similar to the existing building in design and materials. The site plan accommodates potential entrance relocations planned during improvements to Princess Anne Road (Ferrell Parkway). It must be noted that the "Future Parking" and "Future Sanctuary" depicted on the plan are shown for presentation purposes only and are not approved with this Conditional Use Permit. The Planning Commission placed this item on the consent agenda because it the expansion of an existing use, the proposal is compatible to the surrounding uses, and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request with the following conditions: 1. The site shall be substantially developed as depicted in the submitted site plan entitled "Courthouse Community United Methodist Church, Princess Anne Road Virginia Beach, VA" dated March 23,2006 by Vanasse Hangen Courthouse Community UMC Page 2 of 2 Brustlin, Inc. and as conditioned below. The Future Parking and Future Sanctuary shown on the plan are not included or approved as part of this Conditional Use Permit. 2. The building shall be constructed as depicted in the submitted elevations and rendering entitled "Conceptual Study For Multipurpose Building United Methodist Church Virginia Beach Virginia" dated 03-28-2006 by Lyall Design Architects. 3. All outdoor lighting shall be shielded to direct light and glare onto the property; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. A Category IV landscape buffer shall be installed along the southeastern property line between the proposed improvements and the adjacent residential lots. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 0/!!!:- City Manager:~ k.... ~ COURTHOUSE COMMUNITY UNITED METHODIST CHURCH Agenda Item # 17 April 12, 2006 Public Hearing Map 1-11,12 Meo Net 'to Sc():e r Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for Church Expansion (Family Life Center) ADDRESS I DESCRIPTION: Property located at 2708 Princess Anne Road. GPIN: 14945576440000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 6.33 Acres The applicant requests a Conditional Use Permit to allow expansion of the existing building on the site for a family life center. The site will include an 11,280 square foot building with 78 ancillary parking spaces. The site currently has 154 parking spaces and 17,130 square feet of building area. The family life center will be open every day of the week, but the hours have not been established at this time. There will be no additional employees hired. This family life center will not be for an increase in church membership nor will it be used as a daycarel preschool. There is an existing preschool on the site. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: The property is currently occupied by a church and preschool with paved parking. SURROUNDING LAND USE AND ZONING: North: South: . Single-family dwellings I R-1 0 Residential District . Across Princess Anne Road, single-family dwellings I AG-2 Agricultural District . Single-family homes I R-1 0 Residential District . Wooded land I AG-2 Agricultural District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of 65 dB Ldn to 70 dB Ldn surrounding NAS Oceana. The Naval Air Station Oceana reviewed the Conditional Use Permit Application by Courthouse Community United Methodist Church to add a family center to the existing facility and provided the following comments. "Ttle site is located in the 65-70 decibel (dB) noise zone and considered conditionally compatible. Applicant is to ensure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code." IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN rMTPl I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is CU,l ~11~y a two-lane undivided major suburban roadway. There is currently a Virginia Department of Transportation (VDOT) roadway improvement project cu. .1;.. .~y in the design stages that will widen Princess Anne Road in front of the church to a four-lane divided roadway. The 2005-06 CIP shows that this project is scheduled to begin construction in the summer of 2008. Princess Anne Road Present Volume 26,219 ADT 1 Present Capacity Generated Traffic TRAFFIC: Street Name 17,100 ADT I (Level of Service "O") 18,400 ADT 1 (Level of Service "E") Existing Land Use L._ 146 ADT (weekday) 605 AOT (Sunday) Proposed Land Use 3 - 292 ADT (weekday) 911 ADT (weekend) , Average Daily Trips 2 as defined by church 3 as defined by church I family life center WATER: This site is connected to City water. There is a 12-inch water main in Princess Anne Road. This site has an existing 1-inch water meter that may be used or upgraded. SEWER: This site is connected to City sanitary sewer. There is a 3-inch City force main in Princess Anne Road, which will be adequate for this addition. FIRE: A complete review will be completed during the site plan review process. No comments at this time. POUCE: A photometric plan should be submitted for review and approval with the final site plan submission. It is recommended that full cut off fixtures be installed for parking lot lighting. COURlliOUSE COMMUNITY UMC Agenda Item # 17 Page 2 COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being within the Primary Residential Area. Proposed development within this area should focus on strongly preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhood located in this area. Religious and educational services are recognized as supportive land uses to residential neighborhoods. Staff recommends approval of this request for a family life center with conditions provided below. EVALUATION AND RECOMMENDATION This proposal is not an expansion of the sanctuary for new membership; it is to provide additional fellowship opportunities for the existing membership. The proposed building will be similar to the existing building in design and materials. The site plan accommodates potential entrance relocations planned during improvements to Princess Anne Road. It must be noted that the "Future Parking" and "Future Sanctuary" depicted on the plan are shown for presentation purposes only and are not approved with this Conditional Use Permit. CONDITIONS 1. The site shall be developed as depicted in the submitted site plan entitled "Courthouse Community United Methodist Church, Princess Anne Road Virginia Beach, VA" dated March 23, 2006 by Vanasse Hangen Brustlin, Inc. and as conditioned below. The Future Parking and Future Sanctuary shown on the plan are not included or approved as part of this Conditional Use Permit. 2. The building shall be constructed as depicted in the submitted elevations and rendering entitled "Conceptual Study For Multipurpose Building United Methodist Church Virginia Beach Virginia" dated 03-28-2006 by Lyall Design Architects. 3. All outdoor lighting shall be shielded to direct light and glare onto the property; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. A Category IV landscape buffer shall be installed along the southeastern property line between the proposed improvements and the adjacent residential lots. ,..,.....,.. .:. ._,.,-,.,.; ", ,.-' ,- ':', ,: ,-,.:. ... ":-"<i .. COURTHOUSE CO~UNIJV~MC Agendaltemil11 . .. .... .~~~!~ NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ,.- :',..,;':, -',:""" , ."-,'".."^,,,,.._> ""-<'r/"'" ., ~,c ./~,' COURTHOUSE CO~NITy~,~(5.. Agenda .ltem.;I,17 eiltile 4 ~--;--' "..,' .":~,,,-;,,>~.,^- --., AERIAL OF SITE LOCATION ~~ f . .. Isf 1113 1111' f.- J ! 1" ~ (. ,~! n ~". ir.) i;;,."':i::~ "~/ "5:..~l? ~ ~:1. f .1 '~W~~ I "" I · ::.::.::-1 i - ,,'-.~ ~ :~--~v; : 1""1'''''' I a~..(L~;.: : I I I. I 16 - ---) IIII1I I "~ ! t C '~ ~ ~ ..--------l.) - · dt "t ~ I . ~ II !pi! !'. ~'ll !. I --- --(Iud.! tJH HJ .L}JfiOO aw'O:) Amtn:) "\ I -l- L ! uHi I , , , I, :j! I r ..:.ll ;;~t~ IrJ; ~"~,:~:::;_:~>_.?~,;' ,. , ;:~~~~~' u~ ,- ~~:~~ ,~_~~..~.}.;~~_,; "(;,0:",'" .;il f !I ' ._ ,- ~.~~~ I, I ~ ~?; i J!! .~::~~ ",~ nr~~: U:"f( .....-_.1 t_-...~_____J i! ~ " :1 " r.~f:J ~~::.~:l: ~el~~; :t',j.~ ... 4 l , ~ I : :! ! !.! I '1 . r . J 1I.lI~!i!~ i Jh~~mfih ;. + Ij"lj~jJl!l~ ~ ~t I minn3!.:!.! I Ii . 111111111111111 I II :IIUiiUIUUP.li u ~~'m"lune rill ifill ~ I !~:l ~, ~ .~,,, , ~l;i I~h ~ ~ ~ llf.l llf.l ~ \~ PROPOSED SITE PLAN COURTHOUSE COMMUNITYQMC Agendaltem:!17 ~~g~6 ~L -{On I D __ J D [ 'O~ ~. ~ "0 z () j:: ~ W, -1~ WI .., ws ~i zl () i= ~ :rl~ .9 I-l Z" ~~ ,~"-""'r ! II !""""" II I L jI ~~ t ~ ,- ~ ~ II III -u' III I I . .' r 1'1111 ~~. !. ;i!o ~' ; ~: := u ~ ::> ~ = ~ U ~ - > Z '" Q g o:,;E- ..<' r:r. Q ...... ... fI:I > >- - W Q::l ~ -19::llQ Q W _ "" ri'- "lEI ..(~~~O I ~ ~ ~: := .. ""::l .... .... E-t = <ol _ to) "" ~ u ~ ~ ~ : u::s ,III!:j ~ z Q 0 ~ ~ > E- z () ~ Ill. -119 Ill, ... illS ~~ uUl ~ z ::> PROPOSED BUILDING ELEVATION COURTHOUSE COMMUNITY UMC Agenda .ltenll!......1.. 1 .. "">~~9~7 Q <( o II:: uJ Z Z <( W W uJ o z a:: D. :E o II:: II. := w >, PROPOSED EXTERIOR RENDERING ,. /' '" ,';" ..--'.':'<,','",,, ':"'::,: -'~ COURTHOUSE COMMUNITY~.MC . AgejuJa ..ltem,~17 . .~~g~8 ZONING HISTORY Map 1-11,12 Mop Not to Scole ( cJ CUP - Church (Expansion - Family Life Center) 1 02/10/86 Conditional Rezoning (CRZ) AG-2 to R-10 (Conditions met 09/10/87) Granted 2 06/01/87 Conditional Use Permit (CUP) for a church 12/14/87 CUP for a church 06/14/94 CUP for a preschool 09/24/96 CUP for a church addition (modular units) 10/02/01 CUP renewal for church modular units 04/08/03 CUP church expansion (addition) Granted 3 09/25/90 CRZ AG-2 to B-1 08/08/95 Reconsideration of Conditions Granted 4 04/14/92 I Subdivision Variance I Granted 5 10/13/92 I Subdivision Variance I Granted 6 04/27/93 I CRZ B-1 to R-10 I Granted 7 12/03/96 I CUP for a church I Granted 8 OS/27/97 I CUP outdoor recreation facility (Qolf course) I Granted 9 09/22/98 CRZ AG-2 to B-2 CUP fiber optic transmission facility Granted COURTHOUSE COMMUNITVli)MC Agenda..ltemllt7 >ean'e9 >;':'..' 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'. 1'~'1';$~ 3 g~~~- d J1., ~ - {~ u == :) - <'4 ,::,; .;l.ii N - ;; .~ ~ sa'~ ~~ ?~ 2!S,~ Z1! ~~ ;Q.. ,,- ,;1 c <; e- o u '" ... ~c .~2 z~ S'c 5~ ~o ,"-0 o.c E'E 0..0 ~Q. :55 ~$:! ~.'E ~ ::; ~1 ~o 5d <.' 4}' ~i li::"! ^ ",-,i ~I,j ~t: let h:s << .jo COURTHOUSE cOM!V1U,.nTY~~C Agenda Jtem I. 17 Pa>/<t.Q "'~,/,</ Item #17 Courthouse Community United Methodist Church Conditional Use Permit 2708 Princess Anne Road District 7 Princess Anne April 12, 2006 CONSENT Barry Knight: Our next item is Item #17 Courthouse Community United Methodist Church. An Ordinance upon Application of Courthouse Community United Methodist Church for a Conditional Use Permit for a church expansion (Family Life Center) on property located at 2708 Princess Anne Road in the Princess Anne District. Do we have a representative? That is with four conditions. Welcome sir. Please state your name. Don Lee: Good afternoon. I'm Don Lee. I'm the Chair of the Building Committee of Courthouse Church. We understand the conditions placed on our application and approve them. Barry Knight: Thank you. Anyone present today that objects to putting this on the consent agenda? Mr. Bourdon? Eddie Bourdon: Mr. Chairman, if I could? I represent Mrs. Setzer, who has been here all day and has come previously on the churches application. We wanted to commend the church on the plan that we saw this morning at the informal briefing where we that plan did not show a road leaving the churches property and going across the Setzer property, which is located to the west of this property. We greatly appreciate them not continuing to show a road across our property. We have no problem with the land use provisions at all. Thank you. Barry Knight: Thank you Mr. Bourdon. Mr. Crabtree, will you speak on this application? Eugene Crabtree: Mr. Bourdon has already mentioned what I was going to say why we put it on consent. This application is a continuation to some extent of an application that we saw a couple of years ago where the church made some improvements they were making. This is a just sort of to put some finalizing touches on the part that they planned to do a couple of years ago. The Life Center that they're planning to build will not increase their membership. It will not increase the traffic or the density of the area. It is in a noise zone that is above the 65db but they are going to take care of the sound attenuation that is required for buildings in that area, and consequently the Department of Defense has no objection to this going in that area. Therefore, we put it on the consent agenda. Item #17 Courthouse Community United Methodist Church Page 2 Barry Knight: Thank you Gene. Is any other Commissioner aware of any other items that need to be on the consent agenda? Okay. Do I hear a motion? Ms. Katsias to approve by Kathy Katsias. Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. Any discussion. Call for the question. AYES NAY 0 ABSO ABSENT 3 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT ------. WOOD ABSENT Ed Weeden: By a vote of 8-0, the Board has approved Item #17 for consent. Barry Knight: Thank you. ~ Uoton I, LLC A-18 [6] ~ ~ '- R-IO / " '- CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Upton 1, L.L.C. - Conditional Use Permit (educational services), Upton Drive south of Dam Neck Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Upton 1, L.L.C. for a Conditional Use Permit for educational services (sound attenuation required) on property located on the east side of Upton Drive, approximately 190 feet north of Old Dam Neck Road (GPIN 2415741747 - part of). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant requests a Conditional Use Permit to allow development of the site for an educational service (child care education center). The pre-school facility will cater to 150 to 180 children with a staff of 25. The hours of operation will be Monday through Friday, 5:45 am to 6:30 pm. The submitted site plan depicts an 8,531 square foot building, 34 parking spaces, and 4,359 square foot playground behind the building, required landscaping, and a stormwater management facility. The submitted elevation depicts a one-story building with a brick veneer base and hard i-plank siding accented by a brick soldier course. The proposed roof will be standing seam metal. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the public school, Ocean Lakes Elementary School. The exterior building materials are of high quality and complement the residential neighborhood adjacent to this property. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request, with the following conditions: 1. The site shall be developed in accordance with the submitted conceptual site layout and landscape plan entitled "Bright Futures, Upton Drive, Virginia Beach, VA", prepared by MSA PC, and dated 12/31/05. Said plan has been Upton 1, L.L.C. Page 2 of 2 exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The building shall be constructed in accordance with the submitted elevation entitled "Bright Futures Upton Road, Virginia Beach, VA", prepared by Dimensional Designs, Inc., and dated 2/14/06. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The building construction shall comply with all sound attenuation requirements specified in the Uniform Statewide Building Code of Virginia. The applicant shall obtain a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department before occupancy of the building and issuance of a business license. 4. The hours of operation are limited to 5:45 am to 6:30 pm, Monday through . Friday. Children shall not be allowed outside to play before 8:00 am. The trash dumpster shall not be emptied before 8:00 am. 5. The number of children is limited to 180. 6. A right turn lane s~all be constructed from Upton Drive into the site. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager: ~ \L .~lN>'t. UPTON 1, L.L.C. Agenda Item # 16 April 12, 2006 Public Hearing M,/~~~-!L,o Upton I, LLC I / ___~B~2u__~_n__~8[6] --17"_ j ~: ::::.~..~~- -1 REQUEST: Staff Planner: Faith Christie Conditional Use Permit for Educational Services (Childcare education center) ADDRESS I DESCRIPTION: Property located on the east side of Upton Drive, approximately 190-feet north of Old Dam Neck Road GPIN: 24157417470000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 1 .727 acres The applicant requests a Conditional Use Permit to allow development of the site for an educational service (child care education center). The pre-school facility will cater to 150 to 180 children with a staff of 25. The hours of operation will be Monday through Friday, 5:45 am to 6:30 pm. SUMMARY OF REQUEST The submitted site plan depicts an 8,531 square-foot building, 34 parking spaces, and 4,359 square-foot playground behind the building, required landscaping, and a storm water management facility. The submitted elevation depicts a one-story building with a brick veneer base and hardi-plank siding accented by a brick soldier course. The proposed roof will be standing seam metal. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant site SURROUNDING LAND USE AND ZONING: North: South: East: . Ocean Lakes Elementary School / R-1 0 Residential . Single-family dwelling / AG-2 Agriculture . Proposed Single-family dwellings / Conditional R-7.5 Residential . Upton Drive . Across Upton Drive are Multiple-family dwellings / Conditional A-12 Apartment West: "' UPTON 1, LLC. Agenda Item # 16 , Pagel, NATURAL RESOURCE AND CULTURAL FEATURES: The site is a grassy field. There are no natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The United States Navy considers the request generally compatible, provided the applicant complies with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):. Upton Drive in front of this site is classified as a collector roadway. There are no CIP projects scheduled for this section of Upton Drive. Upton Drive , Present ' Present Capacity Volume 9,004 ADT 1 13,100 ADT 1 Generated Traffic TRAFFIC: Street Name Existing Land Use'" - 1 0 ADT Proposed Land Use 3 - 80 ADT 'Average Daily Trips 2 as defined by a single-family dwelling 3 as defined by an 8,500 square foot educational service WATER: This site must connect to City water. There is an 8-inch City water main in front of the site in Upton Drive. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis of Pump Station 603 is required to ensure future flows can be accommodated. There is a 16-inch City sanitary sewer main fronting the site. The Comprehensive Plan designates this site to be within the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposed conditional use permit for childcare education center is complementary to neighboring residential uses and public educational buildings. COMPREHENSIVE PLAN Staff recommends approval of this request with conditions recommended by staff. The recommended conditions are provided below. EVALUATION AND RECOMMENDATION UP,JON 1, L.t..C. Agenda Item,:#: .16 ,'~~~~. 2 The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the public school, Ocean Lakes Elementary School. The exterior building materials are of high quality and complement the residential neighborhood adjacent to this property. CONDITIONS 1. The site shall be developed in accordance with the submitted conceptual site layout and landscape plan entitled "Bright Futures, Upton Drive, Virginia Beach, VA", prepared by MSA PC, and dated 12/31/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The building shall be constructed in accordance with the submitted elevation entitled "Bright Futures Upton Road, Virginia Beach, VA", prepared by Dimensional Designs, Inc., and dated 2/14/06. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The building construction shall comply with all sound attenuation requirements specified in the Uniform Statewide Building Code of Virginia. The applicant shall obtain a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department before occupancy of the building and issuance of a business license. 4. The hours of operation are limited to 5:45 am to 6:30 pm, Monday through Friday. Children shall not be allowed outside to play before 8:00 am. The trash dumpster shall not be emptied before 8:00 am. 5. The number of children is limited to 150. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCATION "'-.,../ ",.. ,. ".. ""W U~TON 1, LL.C. Age!lda.ltem .#..16 . Pag~4 " ~ ~~ : ~~:;:t:l ~~<i all c: .. S - ~ t'Il.. Alii o .. llIl S ~z! ~ in ~~!~ u U. VIlli Ill.... "Ii'll ;)~ "" i~ i_ i I II ~~~1 jlll'5 "-f6l <~J!lll i~iliF; Oaf &O~C~ ~ ~ tlI E Eliil .. ~ il II cf.~.llIl :52 l'l ~ lCl.sl~ /''- ^' ,.~.......> / ,,'- j.., '~'~....., 'v'/ /. ,~....:" ..... '-( /...... x.. '" /''"',/)/ /<.:_ "V" ",""",;\.v .... / .( . " ...j........ // '~~.'~ "~. /' ~^." \;',''''''' " '~,..N '\ ~ / > '~ .'^--' , "\:,1,' , ......~ ~ '.. '''' <j ',.7 /~h '( ."';;;-" "'",- " '-i. / >. " r, . ",'" ,', ~. '\. ,-v ~ " , I / \'"f, -' >, ." v / / ",':/V /'," ~'''' ~., ~;" _.. '" ~ "'-. ,/ '<~:'-' ./ / " '<:-,', ",~ /;/ \.{ '" Y ',< \.;~ / -'/'" " ')......... '.-' /1 ......., ~ '"" .,,/ "'-.. '(,. v /.., ~~ " '-1 " y' ~ '" /" < 1'/ , '-, ',-,,: "" . ~^;. . .. ' ' ,:r. ",,/.v . "'../\, " i ~ .~>.. ~..... -<..;:....... <.....~ f'. ',r(.. '~ // 'I' ~ .' , '~" :',,/ // ./ / / I ,:" l I / ,': ) /" ..../ / / ./ I o c l i~ ~ ~ ~ :J ::I.., j:J ~ lju.. J! <II'" u l.J:~1 ~.~~i 8CO ~~ ~~{~~:~~\ .......... (... l.. // - ~f -- ';; (22:.~l ~;, ~_. .~ : :'(~Ii;', '., ~ <:~"'~<(~"'I/' < : ".-,(/:; :; I~':<" ~<>'f/ " / ,,;(;. "'/~ ~::.. :::.~'l / '0~(/>~' .1'"' (" ~ '- / :;, "'<,>,'. y: :.2 ~ ....~<.( t,,):._.>..., "^'/ ,:i>-.. 'i) // .", v' . .' It " 1I , . .. I ,., . " I 6ft ~l ~ ~:f ft .h < i . ~~1 i CIl.." 4'~ i ~ 111~ B' I f.n I i~i ~! 11)11 ~I J4P - ~ JU,l ~~ 111 J QI }!, f -Ii. I iii I II 111 " PROPOSED SITE PLAN I, \\ ,111',[\II!111 \fT" f=~ I ~,~ ! I' ~ j. ~ ~ r / I / :-J,fl'J1i'1 I & "', I~ I ' j II ;1 ~ , 1,1f1,)rulrllllln k"~~ .1&& fl . - 1[2 . I 1~1&&IJt/ ~ I ~ 'i O~I *',Iczj ~i &'1 ~ I:z: ~ ~I~ ---" "II g ':'~ ~ / "I ~ I / ~" ~ I t~ ~/I' UJ :*' II~ '~ ~ l*,l~ ~l. 9 ., Ii I ~ Ilf I' l'~:~ 9 ,; l '11' l:t' : 1 _,~__L ,,- ]'1-1 ' I " ' ! !! : = II!, /i if I . :. *' 11 I II ~ ~i \' IJ I11II1 I LII" PROPOSED BUILDING ELEVATION .,o._".-r''',_, _>_ .c.'..,'.-..:'.,,....... / "n' ._.",.,.. - .- ~-- ',,-.-./., ~. ' '- ,'" '::: ':'-, U~!ON 1, LL.C. Agenda Item:# 16 Pag~ 6 ZONING HISTORY Upton I, LLC A4 [6] · --- ~ ~ ~ R-IO 1. 2/10/04 Rezoning (AG-2 Agricultural and R-10 Residential to Approved Conditional R-7.5 Residential) 2. 11/14/95 Rezoning (AG-2 Agricultural and R-10 Residential to Approved Conditional A-12 Apartment) 3. 6/14/94 Rezoning (A-12 Apartment and B-2 Business to Approved Conditional B-2 Business) 4. 6/14/94 Rezoning (A-12 Apartment to Conditional A-18 Approved Apartment) r,' ;. '-"",".' <'",;,,',', 'C_;_>_.>_...', , UPTON 1, L.LC. 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Conditional Use Permit East side of Upton Drive District 7 Princess Anne April 12, 2006 REGULAR Joseph Strange: The next item is Item #16 Upton 1, L.L.c. An Ordinance upon Application of Upton 1, L.L.C. for a Conditional Use Permit for educational services (sound attenuation required) on property located on the east side of Upton Drive, approximately 190 feet north of Old Dam Neck Road, District 7, Princess Anne with five conditions. Barry Knight: Call your applicant's representative please. Joseph Strange: Joe Belec. Barry Knight: Mr. Bourdon; are you the applicant's representative? Eddie Bourdon: Yes. I'm trying to do too many things at once, again, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. This is an application as you all reviewed this morning in the informal for a pre-school educational facility on the eastside of Upton Drive located adjacent to the Ocean Lakes Elementary School off of Dam Neck Road. The site is one that, I think is absolutely perfect for this type of a use adjacent to the school as it is, in an area where there are tremendous number of young families with children. An area that is right for this type of a use, a big benefit to those who live in the community. We have proposed a facility that is designed, and is constructed as designed and as proffered. It has the capacity of 204 students. The operator of the school is here, Mrs. Knapp. I'll be happy to give you any information you may want regarding the size of rooms, and the number of teachers, and the facility itself. We have plenty of room for recreation, and your staff has obviously recommended approval of the application. The issues that I'm aware of and are present are number one, the capacity, in terms in the number of students. As I said, the building is designed for 204 students, pre-school students. We do not have a problem with limiting the number of students to 180, but if we go below that by any significant number, i.e., 150, then we really need to redesign the building. It makes no sense to build a building of that quality and of that size for that many more students then what you could put in there if you were to condition it. We don't feel a condition of 150 is really warranted. We think the use is a good use and there is plenty of room there. The issue that is driving that capacity question is the traffic issue. And, we heard this morning, and I spoke with my client. We do not have a problem. We will be happy to put in a right turn lane on Upton Drive. There is plenty of land here in order to able to do that, which will facilitate better access Item #16 Upton 1, L.L.C Page 2 to this site from the vast majority of the traffic that will be coming to the site during the peak hours to drop off. Upton Drive in this section is four lanes, and we're adding a fifth lane or a right turn lane at this site. I think it will certainly help. I would point out that there is no right turn lane into the Ocean Lakes Elementary School directly to our north, which obviously has an enrollment that is significantly above 150 or 180, and it has survived. But we are more than willing to do that. The issue, and I've heard it because I had the privilege of representing the Dragas Companies when we rezoned the property directly across Upton Drive for the condominium project. There is some decent level of traffic on Upton Drive because it is a arterial residential. They collect traffic that comes out to Dam Neck Road, and the thing that I have heard that is most, I think is necessary is the signalization of the intersection of Galvani because you have so much traffic from the east of this property that comes up Old Dam Neck and out to Upton to get to a signal interchange at Dam Neck that would not use that for Galvani signalized. Then we will only be taking the traffic on Upton that comes from the south not just from the east. That will take a significant amount of traffic off of Upton Drive in the morning, but even so Upton Drive will continue to have traffic. As Mr. Henley indicated, Mr. Henley, my client certainly doesn't want to have a car full of young children rear ended, so we will be happy to put a right turn lane in on entrance. Barry Knight: Mr. Bourdon, just for clarity. You're asking for Condition #5 to be changed from 150 students to 180? Eddie Bourdon: That is correct. With putting in the turn lane and with the building size to passing 204, we are willing to restrict the number of students to 90 percent capacity. We wouldn't change the building at all with that type of capacity. We do not expect in any way that in the first year of operation to have 180 students. The Knapps would like that and that would be nice. They would live to see that but it is going to build over time. In this kind of educational setting you have to some degree build a reputation. Mr. Knapp is an Assistant Principal at one of our city's middle schools, and he has both education backgrounds, and things could be a very marvelous facility. It isn't going to happen overnight. Barry Knight: Mr. Bourdon you're offering to add a Condition #6. A right turn lane? Eddie Bourdon: We are willing to construct a right hand turn lane into the site from Upton Drive. We have the land to be able to accomplish that. Barry Knight: Are there any questions for Mr. Bourdon? Thank you. Joseph Strange: We have one speaker, and I don't know if it is opposition or support. Joe Belec. Barry Knight: We1come sir. Please state your name for the record. Item #16 Upton 1, L.L.C Page 3 Joe Be1ec: Joseph Be1ec. I represent the Wellington and Dam Neck Homeowners Association across the street. I'm the manager from the United Property Associates. I guess the concern ofthe traffic light was brought up. I don't want to belabor that point. I just want to echo that there is a concern by the homeowners there, all 197 of them across the street. Although maybe 150 or 180 extra cars coming there a day is not going to tax the system. The last person to develop there is probably the one that will tax the system over there. There have been a lot of concerns and a lot of requests made by the homeowners there about the light at Dam Neck at Old Dam Neck and Upton. It really is a big concern that there should be something there. There have been accidents. Several residents have been in accidents there. I've got petitions from several of them as well echoing that. They don't have a concern about the daycare in principal, but the extra traffic is what's a real concern. They are held hostage in their neighborhood. They are not able to jog right now, walk as much as they would like to up and down Upton and Dam Neck because the traffic is so congested at certain hours of the day, the rush hours. Ijust want to echo that. Barry Knight: Mr. Belec. We had a traffic engineer in our informal session today and those concerns of yours were specifically addressed. He said that they were studying that area, but I believe I heard him correctly state they were possibly going to put a stop light at Galvani. You're familiar with that area. Do you think that is going to help alleviate some of the problems? Joe Belec: That could help alleviate. I haven't discussed with the homeowners there, if they would think that would be a good idea. Their main concern was the Upton and Old Dam Neck light. They have been lobbying for that a couple of years now. Myself, I put an email in a couple of weeks ago asking about that and I didn't get a response. Barry Knight: Do you agree that putting a right turn lane going in here will help alleviate a bunch of traffic? I think that helped some of your concerns. Joe Belec: That right urn lane will come up from Dam Neck to Upton and that would certainly alleviate that area backing up on Dam Neck. We're talking about coming in both directions. That is the big thing. Barry Knight: Are there any questions? Thank you sir. Joe Belec: Thank you. Barry Knight: Mr. Strange. Joseph Strange: That's it. Barry Knight: Okay. Mr. Bourdon. Item #16 Upton 1, L.L.C Page 4 Eddie Bourdon: I appreciate the comments that were made. I do understand that I do travel this road a fair amount myself, and it is generally not a problem, but I do understand that in the morning with a large number of people leaving the community, as well as going to the school that's adjacent to us, there is a fair amount of traffic, to say the least, going out of the neighborhood. It is not really a problem going into the neighborhood. A lot of the traffic here will be the same traffic that will be going to the school. That is the beauty of having it next to each other. It's captured traffic. It is not going to be and if there are 150 students, there are not going to be 150 cars. There will be more than one child in a vehicle either carpooling, or because they got children being dropped off at both schools, the elementary school and the pre-school. There is also some benefit to be had there. By putting a turn lane in here, we will be alleviating any slow down of the traffic leaving the neighborhood in the morning, which is the peak hour, and is the peak problem. Picking up and leaving the site will not happen. It's more spread out throughout the day. It's the moming that is the peak time for traffic for these types of facilities, and that is where the vast majority of traffic will be corning from is this direction. And as said previously that the significant amount of traffic that is corning on Old Dam Neck tuming right on Upton to corne out to Dam Neck when you signalize Galvani, that amount of traffic will be reduced significantly. That is what we can do to help the nature of this project doesn't add any significant burdens to anybody as far as traffic is concerned. . Barry Knight: Thank you. Are there any questions for Mr. Bourdon? Mr. Henley. Al Henley: Just a comment. Mr. Bourdon, I wanted to let you know that please convey to your applicant that we really appreciate the workability with us the concerns that we discussed this morning. One thing that I'm assuming is that you will be able to make a left turn from this site as well as a right turn? Eddie Bourdon: Oh yes sir. The entrance will have the ability to have right turn and left turn as far as corning in. Al Henley: Thank you very much. Eddie Bourdon: Thank you. Barry Knight: Okay. I'll open it up for discussion. Does anyone have any discussion with the members? What we're proposing is the application of Upton 1, L.L.c. with change in Condition #5 to 180, and adding Condition #6 the provision for the right turn lane. So keep that in your thoughts in your discussion. Do we have any discussion? Do I have a motion? Ronald Ripley: A motion to approve. Item #16 Upton 1, L.L.C Page 5 Barry Knight: Mr. Ripley for a motion to approve. Do I have a second? Mr. Bernas. We have a motion on the floor by Mr. Ripley and a second by Mr. Bernas to approve Upton 1, L.L.c. with the change in Condition #5, the number of children is limited to 150 to change that to 180, and add a Condition #6 for a right turn lane. Any discussion? We'll call for the question. AYES NAY 0 ABSO ABSENT 3 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD ABSENT Ed Weeden: By a vote of 8-0, the Board has approved the application of Upton 1, L.L.c. Eddie Bourdon: Thank you all very much. 'F (/l : Wttlf-ff nl-e {'-CY- 17 12 Co tt-tV1 fw-tVf t-. VA-- !3 ( /I- I VA- -Z:, II S II 7 10/; r Z,c:/e)~ (WeillI'I j /u'11 A~ ' J l.1m;v., c L ) - ~\ f ele ~.~. k& ?t Ib ctvJ. /-e I-I-r-lj r 7' 0 { cL v~ +-;<-. f -t: 2 (}iA I / /e ( 'f1-e- , ' jJ fU/6Sc.1 (. n I I~ Ca r-e.. d tE-v-e11/~1- LM. 0; kvt /~ cL : -l--- 0/705 e-. !--illS e ~Ic:{+ , W~/ )~- ~ l(, I ,P1Uw :1- L-Le v, [ ~ (l, \J p1D ;J J i U"e- April 2006 In reference to Upton I, L.L.C ordinance upon Application for a ConditioQ.al Use'Permit for educational services on property locate on the east side of Upton Driv~ (GPIN 241 5741 747-part of) District 7 The following oppose of having the day care center due to the heavy traffic flow from the Ocean Lakes Elementary School and the traffic from the Ocean Lakes Neighborhoods which has already created a serve problem with accidents~ At this time there is no school crossing guard for the buses and traffic coming in and out of the school as well as no traffic light at Old Dam Neck and Upton from the Ocean Lakes Neighborhoods. This is a heavily traveled road and has continued to be a problem and keeps getting worse. There have been many accidents between the school, Wellington Condo entrance and the intersection of Old Dam Neck and Upton Drive and we feel that adding this day care center will only add to the congestion and hazardous conditions. ' .. Print Name Sign Name Address ?Cl\~r. .~,t't\a- ~ /-' IM^ r."~Yl Li\ .tl.~r\tl.f U.,5bl4 l~ ~ /pr7 >tI~i0(.;..7-; ,C)t~ J 'Uit.. ~~ l~\d.,f~~\ c.~,"",~. ,~. \(,\.\ ~ e.')~LJ'~C:H'\ \-.:..,~ 'C. _LIrd:er~"6~1 Af..~ ,/70Q (~~n ~m lCl/9t2- ~r\ ~,<C;jf\ ~~ I.J~Sl h~kwlY\ Jl~A UlJ.Vv~ lr)\-fJ dl\.) '.~W~-d; \ JOV IMlIDlh(1/U;\ tt!(;:~a.J l7}f .$,.WMLeNE <l y~ c...~e ~("... ~ .' 'I to. '1 ? \d..' f/~ -k5l,. e. ' R I \/ (i \eN\ ( · 13Cth?l'.;,~ (. /.-r. A ,,"n-I ,-_ L/i1d r.v /flafl'fdrm .IIif:IP", /1 ~ ~ ~ . .... er. )o;.JJ..ift-11t-- ~ M~f.I~ icx.;L ~~ luLl CCf' NA)."f lAtN6 f)etbi~ t{,:.-., i. -,_\~-1.~,' ~ J(PJ.'Ji rni1"t"I\L~h.. L~l~e ..::Do.,rr;\ '1;> \('k \ ~-1" \ -, "~ r.oH-f",J\avw\ (a~ ~~ L&t~ (.j;Z/fr~. ~ 1..V1':;'1 CLrff~ f-#lM ~e ~~V~tl~:L~(r:~ ... ;;~ <;::=~~ ~WYl]/V',&'~~) Y1\YUfJJd\ IlD(pD(),,\t~V\V\cXW\ ~ \ )~\~,I~~,~:,v\S \ ~~~ .,J:f40.r1l~v~~t~ e \~nl 'RO?":> tw.Q \iJ). ~ \ 13(.., -e*, ~ C.r-cle If; IJ1 (f2p k fJi)1 i~4~~6-,z;,L/L~7X- iMYJ&JJ &J\-J a P.J . j ~ /'.::r- /~ ~ \ Iv 0{Jt0rJ.1t ~ April 2006 In reference to Upton I, L.L.C ordinance upon Application for a Conditional Use Permit for educational services on property locate on the east side of Upton Drive (OPIN 241 5741 747-part of) District 7 The following oppose of having the day care center due to the heavy traffic flow from the Ocean Lakes Elementary School and the traffic from the Ocean Lakes Neighborhoods which has already created a serve problem with accidents. At this time there is no school crossing guard for the buses and traffic coming in and out of the school as well as no traffic light at Old Dam Neck and Upton from the Ocean Lakes Neighborhoods. This is a heavily traveled road and has continued to be a problem and keeps getting worse. There have been many accidents between the school, Wellington Condo entrance and the intersection of Old Dam Neck and Upton Drive and we feel that adding this day care center will only add to the congestion and hazardous conditions. .. Print Name Address gel:; ;t(a,,'/-h/e c/ J/C. v'/+ /.:kocA vl4 # Fin //l1 .111(1c1 l/evfj,e l f{ocJ:. t \l.U ~-t-CA. ( 1::::o~d ( Ai nj,~.;ry,l~...f"oz..r '~ CNO-I- ... .,0..-\, J) p \Z,Q A- 'V Caruana Construction. Inc. o AG~- (] - Map K-13 Mop Not to Scole O~ AG-2 AG-I AG-2 / , '- CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: Caruana Construction, Inc. - Change of Zoning District Classification, Seaboard Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Caruana Construction, Inc. for a Chanae of Zonina District Classification from AG-2 Agricultural District to Conditional R-20 Residential District on property located on the east side of Seaboard Road, approximately 1 mile north of Princess Anne Road (GPIN 2403762562). DISTRICT 7 - PRINCESS ANNE . Considerations: It is the intent of the applicant to rezone the existing AG-2 property to R-20 Residential zoning, similar to the zoning across Seaboard Road, in order to develop two residential lots. The site is within the Princess Anne area, formerly the Transition Area. The applicant proposes to develop utilizing Transition Area Guidelines. The two home sites will share a driveway and provide fifty percent open space with a wide dedicated buffer along Seaboard Road. Despite the small size of this property, the applicant has worked with staff to provide a proposal that conforms to the Comprehensive Plan's recommendations for this area. The allowable density for the area is one dwelling unit or less per developable acre provided the development meets certain criteria defined within the Comprehensive Plan. While the Transition Area "Matrix" is better suited to larger developments, the Matrix was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.95 dwelling units per acre. This score translates to a total of 1.92 units for this 2.02-acre site. Staff concludes, however, that with a small site such as this, fully meeting all of the recommendations of the Transition Area Guidelines can be difficult if not impossible. For example, a water feature as an amenity (a requirement of the Matrix) would be difficult to incorporate into the design while still preserving the existing natural resources. Overall, therefore, this proposal is deemed consistent with the recommendations contained within the TAT AC report and within the Transition Area Design Guidelines. The Planning Commission placed this item on the consent agenda because the Comprehensive Plan policies have been met, the proposed development is Caruana Construction, Inc. Page 2 of 2 compatible with surrounding properties, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager~~ ~ ~~ CARUANA CONSTRUCTION, INC. Agenda Item # 7 April 12, 2006 Public Hearing Staff Planner: Karen Prochilo Caruana Construction. Inc. \ " [) AGf, o - AG-I REQUEST: Chanae of Zonina District Classification from AG-2 Agricultural District to Conditional R-10 Residential District. ADDRESS I DESCRIPTION: Property located on the east side of Seaboard Road, approximately one mile north of Princess Anne Road. GPIN: 24037625620000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 2.1 acres SUMMARY OF REQUEST It is the intent of the applicant to rezone the existing AG-2 property to R-20 Residential zoning, similar to the zoning across Seaboard Road, in order to develop two residential lots. The site is within the Princess Anne area, formerly the Transition Area. The applicant proposes to develop utilizing Transition Area Guidelines. The two home sites will share a driveway and provide fifty percent open space with a wide dedicated buffer along Seaboard Road. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped agricultural site SURROUNDING LAND USE AND ZONING: North: South: East: West: . Rural residential lots / AG-2 Agricultural District . Undeveloped rural / AG-2 Agricultural District . Undeveloped rural / AG-1 & AG,2 Agricultural Districts . Across Seaboard Road, single-family homes / R-20 & 30 Residential Districts NATURAL RESOURCE AND CULTURAL FEATURES: The property is a wooded site with no cultural features. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Seaboard Road in the vicinity of this application is considered a two lane undivided local street. It is designated for improvement on the Master Transportation Plan (MTP). There is no current Capital Improvement Program (CIP) project to upgrade this roadway at this time. TRAFFIC: Street Name Present Volume Seaboard Road 2,996 AOT I Present Capacity Generated Traffic 6,200 AOT I (Level of Service "C") 9,900 AOT 1 (Level of Service "0") Existing Land Use i< - 10 AOT Proposed Land Use 3 - 20 AOT , Average Daily Trips 2 as defined by one single-family home 3 as defined by two single-family homes WATER: There is a 10 inch City water main in Heron Ridge Lane. Water does not front the property but may be extended for connection purposes provided hydraulic analysis supports the potential demand. SEWER: There is an 8 inch City gravity sanitary sewer main in Heron Ridge Lane. This site must connect to City sanitary sewer. Sanitary sewer main may require extension. Analysis of Pump Station 633 and the sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE: The shared driveway must be constructed to specifications 503.1 where required. Fire apparatus access roads must be provided and maintained in accordance with sections 503.1.1 through 503.1.3. 503.1.1. Buildings and facilities approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 503.2.3 Surface fire apparatus access roads shall be designed and maintained to support the imposed load of 75,000 pounds and shall be surfaced so as to provide all weather driving capabilities. 503.2.5 Dead ends CARUANA CONST~l;iCTION,!~C: AgEmdalte~('7 ~~9~ ~ ,',' ........ .. ,...,'" Dead-end fire apparatus access roads in excess of 150 feet in length shall be provide with an approved area for turning around fire apparatus. SCHOOLS: Current Enrollment I 572 I 1542 Kellam High I 2388 I 1798 I 0 1 "generation" represents the number of students that the development will add to the school 2 "Change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). . The School Board approved a redistricting plan for Kellam High that will begin to be implemented with the start of the 2006- 2007 school year. Kellam's student membership should drop by more than 400 students from their current membership when the redistricting plan is implemented next year. School Capacity 664 1250 Generation 1 Change 2 Princess Anne Elem. Princess Anne Middle o o 0.6 0.3 0.4 The Comprehensive Plan designates this area as being within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low-density, fiscally sound, and desirable destination for people to live, work and play. COMPREHENSIVE PLAN "The maximum calculated density in the Transition Area is one dwelling unit per developable acre. This maximum density should be earned based upon quality of design and the level of conformance with all relative design guidelines affecting this area." (p. 148) Staff recommends approval of this request with the submitted proffers provided below. EVALUATION AND RECOMMENDATION Despite the small size of this property, the applicant has worked with staff to provide a proposal that conforms to the Comprehensive Plan's recommendations for this area. The allowable density for the area is one dwelling unit or less per developable acre provided the development meets certain criteria defined within the Comprehensive Plan. The developer strives for a minimum of 50% open space, which is used to mask the development from the roadway and to provide a public recreational opportunity in the form of the proffered trail as well as a visual amenity from the road by designing the open space to the front of the property keeping a substantial amount of trees and partially obscuring the view of the future homes. While the Transition Area "Matrix" is better suited to larger developments, the Matrix was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.95 dwelling units per acre. This score translates to a total of 1.92 units for this 2.02-acre site. Staff '-,. .-'-"Y;", . --", \< ~::: "~,: ,/'~>';_:'C"",''-''~.s:,<,~:,.: ;.;, ' ,.. ...., CARUANA CONSTRUCTION, INC. . AgendaltelTf# 7. .:page 3 concludes, however, that with a small site such as this, fully meeting all of the recommendations of the Transition Area Guidelines can be difficult if not impossible. For example, a manmade water feature (if a natural water feature is not present) would be difficult to incorporate into the property while still preserving the existing natural resources. Overall, therefore, this proposal is consistent with the recommendations contained within the TAT AC report and as recommended in the Transition Area Design Guidelines. The proposal is compatible with the residential neighborhood across Seaboard Road and similar in appearance to properties along Seaboard Road. The shared driveway helps to reduce the vehicular access points. The applicant did not submit any architectural elevations but, as has been typical of many proposals for the Transition Area, has proffered that the dwellings constructed on the property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. These proffers insure that the proposed dwellings are of similar quality as those on surrounding properties. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed it shall be subdivided with the dedication and restricted access substantially as depicted on the "Rezoning Exhibit for Caruana Construction on Seaboard Road" dated November 29, 2005, prepared by John E. Sirine and Associates, Ltd. ("Concept Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning PROFFER 2: When the Property is developed, the residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone or similar high quality materials. PROFFER 3: As a condition precedent to subdivision approval, a landscaping plan for the Transition Area Buffer which will include a section of multi-purpose trail parallel to the frontage on Seaboard Road shall be submitted to and approved by the Planning Director or his designee. PROFFER 4: The party of the first part recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are CARUANA CONSTA:~JCTION,,~~C. Agenda Itell!};# 7 . .e~g~4 proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 5: Further conditions may be required by the Grantee during subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, ensure its compatibility to the surrounding area, and ensure its consistency with the recommendations of the Comprehensive Plan. The City Attorney's Office has reviewed the proffer agreement dated November 29, 2005, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPT ED) concepts and strategies as they pertain to this site. CARUANA CONSTRUCTlON,~~C. Agendalte~:t#7 e@9~~ AERIAL OF SITE LOCATION >.......",...,\<, ;> ',~.::...< -,- .. ,.:""C'; "0,.,'-""" " .::".:-:.::::: "";':""'..:-.:::--:-."'," ,'. CARUANA CONSTRUCTION, INC. .. Ag"Emda Item" 7 Pag~6 . NOTES: 1. THE PlAT WAS PREPARED WI1l10UT 'THE BENEFIT OF II RECENT 111l.E REPORT ANO THUS MAY OR MAY. NOT SHOW Al.L MA TIERS OF 111l.E AFFECTING PROPERTY SHO\\N HEREON. 2. THIS f'I..A T IS NOT THE RESULT OF A RECENT FIElD SURVEY. 3. THIS PlAT DOES NOT CONSllTUTE A SUBDIVISION OF LAND. 4. PR",""" " IS PRESENT!. Y ZONED AG-2. -, PROPOSED ZONING: ~ -.0: ;. __ -. R-20.(CONDll1ONAl.) r S 05'J70()" 213. '78' - - 101.01' W 213'7' (CALC.) j-__ -~'O PLA J - - 112.77' - -:----- j 15 DRAIN ""-:- _ (M.B. 57 ~~E:ASE:Mr:N;r - - , .) I I I 'b .,.; co T I l~ ,... I'" .J i1> . Ig Ip co I- co Z ... I Ul ~.::E w~ I ~~ . ZUl g <~ .,f ~:::J '" _ F ~ 1tl:J J-1 I >- at ~ CO' ~O'" l5 85 a: r.... . a:::.....Ju; OkJ . ~<:(CI! g:J:~ I- ~~CO' I 17l'" I ~4'ia.: <: ~~:o. I ~5a:i <n5~ w 1:;j N I PROPOSED r PARCEL A (22,428:1: SQ. FT.) ~I ~I I "'U, Jli , I j ;,.. (\I ... 0> T I I / g~ bO! pI") ",0 CIJ<'I Z PROPOSED PARCEL B (21,627:1: SQ. FT.) Cl Z <(w >-...Jw ....J -.J l.L. .-. lrwlL.. CIJ w::z:::> '" ::EUU. !5..... . 0.. u...::e ::E .:: ll:: (f)lll o ::> (f) . >wal ~wu::li g0~'-" g;j::> w o I.. - 1:1: MiLE TO PRINCESS ANNE ROAD SEABOARD ROAD (VARIABLE 'NlD11i) REZONING EXHIBIT FOR CARUANA CONSTRUCTION ON SEABOARD ROAD VIRGINIA BEACH, VIRGINIA SCALE: '"=50' DAlE: NOVEMBER 29, 2005 JOHN E. SIRINE AND ASSOCIATES. LTD. SURVEYORS' ENGINEERS' PLANNERS 4317 BONNEY ROAD VIRGINIA BEACH. VIRGINIA 23452 TELE: (757)486-4910 FAX: (757)486-4607 50 100 150 200 FEET I . l 1 ~ '{" OFROAO 111.17' ~'- 111.18' N 04'00'00"1 w I 222.35' I I I "ELVERT CREEKMORE" (M.B. 51, P. 48) GPIN 2403-76-2562 2.0f ACRfS I I --PROPOSED opEN SrACE (44,121:1: SQ, FT.) : I 1 ":'4' AREA RESERVED I FOR SHARED I DRIVEWAY ,,/ I I N 04'00'00. W 232.51' o l 1__ - , . REVISED: MARCH 27, 2006 J.D. #77.882 GRAPHIC SCALE PROPOSED SIJ'I5:~:rZA~.~:-; 'V Caruana Construction. Inc. ~ AG~ Map K-13 M.~o Not to Scole \) 021 AG-2 AG-I AG-2 11 1 01/14/03 1 Conditional Rezoning from AG-1 & AG-2 to R-20 I Granted 2 107/08/97 I Conditional Rezoning from AG-1 & AG-2 to R-30 I Granted 3 I 09/28/93 I Conditional Use Permit for a golf course I Granted ZONING HISTORY , . ...-. 1-. Z W ::2 W 2 (fj W 0:: ::> (fj o ...J () (fj i5 0= ..~ Q..3 u)(,;; e=_ J::.J::CC ",eg> "."'- 0-'C .,oe 0"''' ~i;;.; ":2 .. 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'" ., r::: '0; " .:;;, ]l ,$! ~'B ~~ 0", - .. 2:-'" '" .. :2~ .g,i ",- . "" -'" r:::., e.. ~~ CD~ c ~B ..= .co. _0. "'''' S'" "'= ~2 ell '" ~5 0.. "'.- :::l.t:: .<0'" c:: =sg -Ill ~~ c ., '" ';;; s: c.. .. r::: '" 2 '" o -; :.€- ;C Q. C .5 c- ,12 13 2 <;; c: o U <II c:: ~ <0 u '" is ,.; .. -., r::: 'u; ::> .:;;, g "" ci: ;C .. i;; C 't: '" Q. .: .Q e ~ 8 '" .... i,g "'~ :;::'2 r:::", g~ ~]l Il>l!! =8. CDS m.E ""c x::> o. ",<l> .c::"" 00 o e .8 ~ EO Q) ~ ~:g Ii 56 8 ~.ti = ~; '0 ~E~ is ~,gil o'B g1i:': g~ (.)e~o,g8 ~~o..5Cel o 'e'- ;I: '" '" cr.!Z~g5~ ~ a ~ -; 1:~ ==0 i ~=-gii ., .,~s > €.c:c-;;( ~q)gQ.:S'"'" ~!~S~~ ~""8:~:g Q.~'=~ ~2 C..!!.t!~O t:,."coflf .2 CD ~>'o ~~oE€ "0"0,,,, ~~~.s[Q. :S.eEQ; ~ ~ ~~ $ ~Q.o- ~$!g::i.5 0::= '"c U:::;:,"": 2:- '" E <.) '" en ';:: e ::> .. ., .. ~ c '" :2 '" l!! no .>i '" .Q :; m W a; c: C ell ~ ti .= .,; 0> !!2 C. .g W o o c:l !l.J ~ ~ 1: '" '" .. .. " Ci i: ]l .$1 S"B ::~ 0.. -2:-~ ~~ .g:i ..- -'-ii c: ., l!!.. ~s. ca~ ~3 ICe:: .c:: 0. -Q, "'''' ='" "'= ~:S ;~ .= a. ~~ ""c :ag -.. ~e .,; .. Il> c 'in ::> '" ~ ci: ;C '" t € '" Q. .: .Q is ~ 8 III ... o ~c: ~.2 ~~ ~g, .?:-o <i;." c.. .(tl. [! S<~ =8 .- c: e'c .,::> ""~ ~~ ~o (J~ ~ ] .31 W a. '" .. " .. .. '" " ~~ ~.~~ ~~. - r'" i~1 ~ ~ i II -~ !~~ "~1ii i::l ."" ~. ,,"~Q:;. CARUANA CONSTaUCTlON,\~C. Agellda'lte~,~'7 B'ag'/e9 ,.:,.'.'>,,:,':.. ..;-.;.-",.. '" o Transition Area Density Credit Matrix Development by right in agricultural zoned properties is 1 unit per 15 acres. Allowable maximum development would be 1 unit per acre. The purpose of the following is to provide a means for evaluating a development that has been proposed against criteria based on the stated policies of the Comprehensive Plan for the Transition Area. Caruana Construction. Inc. - Seaboard Road I Criteria I Natural Resources Degrees to which the project preserves and integrates into the overall project the natural resource amenities on the site. Amenity Nature and degree of the amenity Design Degree to which the project incorporates good desiQn into the project .=. Line A -- Line B -- Line C -- Line D -- Line E -- Total Comments 2.0 4.0 4.0 (A) TOTAL: 10.00 (B) TOTAL 111 possible points 0.91 (C) TOTAL 111 * 0.5 = 0.45 (D) Line (C) + 0.5 du/acre = 0.95 du/acre (E) Line D * total developable acres ( 2.02) = 1.92 units total number of points from the worksheets on the following pages. total divided by the total number of possible points, which is 11 total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible 1 dwelling unit per acre (du/ac). total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. Transition Area Development Density Calculation Page 1 of 7 The following worksheets judge the development proposal according to the proposal's consistency with the policies of the Comprehensive Plan for the Transition Area, particularly in regard to natural resources, amenity, and design. As appropriate, sketches, pictures and narrative are provided to clarify the concepts as a means of helping to make the determination of consistency with the criteria. (1) Natural Resources: existing forests, wetlands, meadows, cultivated fields, and related features a) Are natural resources protected? Comments: . Yes, natural resources are protected. The applicant has consolidated all open space towards the front of the property and reserved area for a shared driveway for more opportunity to preserve existing trees. b) Are natural resources integrated into project? Comments: . Yes, natural resources are integrated into the project by consolidating all the open space toward the front and incorporating the shared drive through this area the applicant has created a unique gateway feature on a small parcel. Total YES X (0 to 1 point) 1 NO [(0 points) YES X (0 to 1 point) 1 NO [(0 points) TOTAL (NATURAL RESOURCES) 2 Transition Area Development Density Calculation Page 2 of 7 (2) Amenity: a feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? Comments: . Yes, the amenity is both visually available from seaboard road and the two lots as well as operationally available through the proffered trail. .=. b) Does the amenity consist of recreational components? Comments: . Yes, the proffered trail will be a recreational amenity. Total YES X (0 to 1 point) 1 NO [(0 points) YES X (0 to 1 point) 1 NO [(0 points) Transition Area Development Density Calculation Page 3 of7 c) Are improvements made that provide visual or physical access to the natural resources on the site OR are improvements made to create a new amenity to the property? Comments: . Yes, improvements made by preserving a large section of open space at the front of the property will provide both visual and physical access to the natural resources. d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? .=. Comments: . Yes, the proffered trail will provide connectivity to future adjacent developments. YES X (0 to 1 point) 1 NO [(0 points) YES X (0 to 1 point) 1 NO [(0 points) TOTAL (AMENITY) 4 Transition Area Development Density Calculation Page 4 of 7 (3) Design: creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Compressive Plan for the Transition Area. a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? Comments: . This parcel will not have a manmade water feature. This parcel does have a drainage easement in the rear of the property separating this property from the adjacent farm fields. . Due to the size of the property the point total has been split to ensure fairness. b) Is there an attempt to integrate units with amenities within the development? .-=... Comments: . Yes, both lots are integrated with the open space. Total YES [ (0 t01 point) .50 NO [ (0 points) YES X (0 to 1 point) 1 NO [(0 points) Transition Area Development Density Calculation Page 5 of 7 c) Does the development retain or create views or scenic vistas that can be seen from the road? Comments: . Yes, the development retains the view of the trees seen from the road. d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open s'pace development? ~ Comments: . The two homes are clustered side by side on the lot but are not of substantial difference in size. YES X (0 to 1 point) 1 NO [(0 points) YES X (0 to 1 point) .50 NO [(0 points) Transition Area Development Density Calculation Page 6 of 7 e) Does the development use roadway and "hard infrastructure" that is appropriate for its design? Is it consistent with the vision and recommendations of this area as expressed in the Comprehensive Plan? Comments: . Yes, the proposed shared drive is appropriate for its design and would limn an additional vehicular access point on Seaboard YES X (0 to 1 point) NO [(0 points) 1 TOTAL (DESIGN) 4 Transition Area Development Density Calculation Page 7 of 7 Item #7 Caruana Construction, Inc. Change of Zoning District Classification East side of Seaboard Road District 7 Princess Anne April 12, 2006 CONSENT Barry Knight: Next agenda item scheduled for consent is Item #7 Caruana Construction, Inc. An ordinance upon Application of Caruana Construction, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional R-20 Residential District on property located on the east side of Seaboard Road, approximately 1 mile north of Princess Anne Road, District 7, Princess Anne. Eddie Bourdon: Thank you Mr. Chairman. Again, Eddie Bourdon, for the record representing Caruana Construction. We appreciate being on the consent agenda. With regard to the comment that was made in the informal this morning, between now and City Council we will add a note on the plan with regard to the open space in front of the site the trees in the open space, other than those that may come down for the driveway, and _ for the site lines on Seaboard Road will be preserved. Barry Knight: Thank you. We have five proffers. Mr. Bourdon, do you agree with them? Eddie Bourdon: Absolutely Mr. Chairman. Thank you. Barry Knight: Is there anyone present today that objects to putting agenda Item #7 on the consent agenda? If not, Mr. Henley, will you speak on this. Al Henley: Yes sir. The property consists of 2Y2 acres and despite the small size of the property the applicant has worked diligently with the city staff as to providing a proposal and it conforms to the Comprehensive Plan recommendations. The allowable density for the area is one depth per unit per developable acre providing the development meets certain criteria in the Comprehensive Plan. The developer tries to maintain 50 percent of open space which will use to master the development for the roadway and to provide public recreational opportunity in the form of a proffered trail as well as a visual mitigate from the road by designing an open space fronting the property keeping a substantial amount of the trees, particularly obscuring the view of the future homes. There are five proffers with this. Also the applicant agrees to contribute $750.00 per lot utilized by the city to obtain additional open space. And with that, we think it is a good application and we consider this an improvement. Barry Knight: Thank you. Do I hear a motion? Ms. Katsias to approve by Kathy Katsias. Item #7 Caruana Construction, Inc. Page 2 Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. Any discussion. Call for the question. AYES NAY 0 ABSO ABSENT 3 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD ABSENT Ed Weeden: By a vote of 8-0, the Board has approved Item #7 for consent. CITY OF'" lRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6374 DATE: May 10, 2006 TO: Leslie L. Lilley B. Kay WiJSO~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application; Caruana Construction~ Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 23, 2006. I have reviewed the subject proffer agreement, dated November 29, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW /ks Enclosure cc: Kathleen Hassen PREPARED BY: gm SYKIS. ROURDON. DlAHmN & 1M. P.C CARUANA CONSTRUCTION, INC., a Virginia corporation KEBCO ENTERPRISES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of November, 2005, by and between CARUANA CONSTRUCTION, INC., a Virginia corporation, Grantor, party of the first part; KEBCO ENTERPRISES, INC., a Virginia corporation, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.1 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 to Conditional R-20; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2403-76-2562 1 PREPARED BY: ~,6J SYl(IS. ROURDON. mil AHmN & 1M. P.c. WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions goveming the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-20 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or auid pro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided with the dedication and restricted access substantially as depicted on the "REZONING EXHIBIT FOR CARUANA CONSTRUCTION ON SEABOARD ROAD", dated November 29, 2005, and prepared by John E. Sirine & Associates, Ltd. ("Concept Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2 PREPARED BY: ~.6J SillS. ROURDON. m AIIrn.N &. UVY. P.c. 2. When the Property is developed, the residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone or similar high quality materials. 3. As a condition precedent to subdivision approval, a landscaping plan for the Transition Area Buffer which will include a section of multi-purpose trail parallel to the frontage on Seaboard Road shall be submitted to and approved by the Planning Director or his designee. 4. The party of the first part recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Ou tdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. 5. Further' conditions may be required by the Grantee subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such 3 PREPARED BY: h"),62 Sms. IlOURDON. &d AIlhRN &. UVY. P.c. instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia; shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 PREPARED BY: ~ SYKIS. ROURDON. DI AIIrnN & llVY. P.c. WITNESS the following signature and seal: Grantor: Caruana Construction, Inc., a Virginia corporation By: O~/1A _ . -Philip J Ja!Uana, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 30th day of November, 2005, by Philip J. Caruana, President of Caruana Construction, Inc., a Virginia corporation, Grantor. j d I J(. '/1/l(! // /'/}/7 /.J~"vl,7;t, /--../\, r fI '(;tJfff.f Notary PUblic My Commission Expires: August 31, 2006 5 PREPARED BY: laB SYTIS. ROURDON. m AIIfRN & UVY. P.C WITNESS the following signature and seal: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Grantor: KEBCO Enterprises, Inc., a Virginia corporation By: ~[f~SEAL) / Kenneth E. Bullock, President The foregoing instrument was acknowledged before me this 30th day of November, 2005, by Kenneth E. Bullock President of KEBCO Enterprises, Inc., Grantor. A'~lvniI1~ - . Notary Public ~ ,- . My Commission Expires: August 31, 2006 6 PREPARED BY: I;JIB SillS. ROURDON. mAIlrnN & LM. P.C EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the former Pungo Magisterial District, Princess Anne County, now the City of Virginia Beach, Virginia, designated as "Elvert Creelanore, 2.1 Ac." on a plat entitled, "Property of Lelar V. Creelanore Est., located near Pungo in Princess Anne Co., VA.", dated May 10, 1954, and made by W. B. Gallup, County Surveyor, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 51, at Page 48, said parcel fronting 233.3 feet on the East side of Nimmo-Pungo Road (now known as Seaboard Road) and containing 2.1 acres, all as shown on said plat. GPIN: 2403-76-2562 ConditionalRezone {CaruanaConstruction{ SeaboardRoad{ Proffer 7 - 55 - Item V.K 7. PLANNING ITEM # 55201 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of May 23, 2006, an Ordinance upon application of DANNY K MARTIN for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF DANNY K. MARTIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL 1-1 Ordinance upon Application of Danny K. Martin for a Chanf!e of Zoning District Classification from R-5D Residential Duplex District to Conditional 1-1 Light Industrial District on property located at 5840 Burton Station Road (GPIN 1458894322). DISTRICT 4 - BAYSIDE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 9, 2006 Map B-4 Moo Not to Scole I " ~ Dannv K. .Martin -I ~ 18\ 9 R-5D I 0 PROPfRTY, CITY Of NORf'OLK LAKE WRIGHT GOLF COURSE /' " '- CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: Danny K. Martin - Change of Zoning District Classification, 5840 Burton Station Road (DISTRICT 4 - BA YSIDE) MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Danny K. Martin for a Chanae of Zonina District Classification from R-5D Residential Duplex District to Conditional 1-1 Light Industrial District on property located at 5840 Burton Station Road (GPIN 1458894322). DISTRICT 4 - BAYSIDE This item was deferred by the City Council on May 9. . Considerations: The applicant proposes to rezone the existing property, zoned R-5D Residential District, to Conditional 1-1 Light Industrial District in order to develop a 16,200 square foot office-warehouse facility. According to the application, the primary tenant of the proposed building will be a corporation owned by the applicant. Several setback variances will be sought from the Board of Zoning Appeals as the surrounding properties are all zoned R-5D and thus setbacks beyond those normally required are necessary. A study has been undertaken jointly by the City of Virginia Beach, the City of Norfolk, and the Norfolk Airport Authority to assess the potential for comprehensive development of the area in which this rezoning request is located. The study area is bound by Lake Wright on the west, Northampton Boulevard on the south, Baker Road on the east, and Norfolk International Airport on the north, and comprises approximately 400 acres. The study, known as the Northampton Boulevard Corridor Master Plan Study, is currently in draft form and has not yet been approved by the City Council. The draft study recommends changing the zoning of much of the existing residential property located within the study area to zoning districts that would permit commercial uses. However, prior to such rezoning, the study also recommends assemblage of land for high density development, specifically multi-story class A & B office campus park with mixed uses to include flex/office, research and development and light industrial and retail. While the proposed use can be viewed as consistent with the draft study's basic recommendations to move this area from residential to commercial and industrial Danny Martin Page 2 of 2 uses, the current proposal falls short in that it does not reflect a consolidation of parcels to form a parcel that can support the type of development envisioned . Approval of industrial zoning on this one parcel is equivalent to opening this area to industrial rezoning on a case-by-case basis on small parcels with no assurance of public water or sewer service (water and sewer are not available in this area). If approved, the public's opportunity to achieve a comprehensive, high-quality redevelopment of this area could be compromised. . Recommendations: The Planning Commission passed a motion by a recorded vote of 7-1 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager:~l. ~~ Map B-4 Moo Not tc Sc....!'" Dannv K. Martin I-l~ ~ I-a~ ~~, 9 DANNY MARTIN Agenda Item # 19 April 12, 2006 Public Hearing R-5D Staff Planner: Carolyn A.K. Smith REQUEST: Chanae of Zonina District Classification from R-5D Residential District to Conditional 1-1 Light Industrial District. o f'ROt'U(fr. cmor-lW')Rf(JlJ( w:r WRlCHT COU couasr ADDRESS I DESCRIPTION: Property located at 5840 Burton Station Road. GPIN: 14588943220000 COUNCIL ELECTION DISTRICT: 4 - BAYSIDE SITE SIZE: 1 acre APPLICATION HISTORY: This item was deferred at the January 11, 2006 public hearing. The applicant proposes to rezone the existing R-5D residentially zoned property to Conditional 1-1 Light Industrial District in order to develop a 16,200 square foot office warehouse facility. According to the application, the primary tenant of the proposed building will be a corporation owned by the applicant. Several setback variances will be sought from the Board of Zoning Appeals as the surrounding properties are all residentially zoned and thus setbacks beyond those normally required are necessary. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: There is an existing single-family dwelling on the property. SURROUNDING LAND USE AND ZONING: North: South: East: West: . Vacant / R-5D Residential District · Single-family dwellings / R-5D Residential District · Vacant / R-5D Residential District · Single-family dwellings / R-5D Residential District DANNY MARTIN Agenda Item # 19 Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed, however, there are no apparent environmental features on this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPl I CAPITAL IMPROVEMENT PROGRAM (CIPl: Burton Station Road in the vicinity of this request is a two (2) lane collector road. Burton Station Road is not designated on the MTP and improvements are not anticipated in the near future for this right-of-way. TRAFFIC: Street Name Burton Station Road Present Volume 4,200 ADT 1 Present Capacity Generated Traffic 6,200 ADT 1 (Level of Service "C") - 9,900 ADT 1 (Level of Service "D") Existing Land Use" - 20 ADT Proposed Land Use 3_ 71 ADT 1 Average Daily Trips 2 as defined by existing duplex zoning 3 as defined by proposed office/warehouse WATER & SEWER: There is no City water or sewer available to this site. Health Department approval will be required for private wells and septic systems. The Comprehensive Plan recognizes this property as party of Strategic Growth Area (SGA) 1 - Northampton Boulevard Corridor Area. The Plan's policies for Strategic Growth Area 1 recognize that this area has evolved into a major employment center in South Hampton Roads with an exceptional transportation access that serves its corporate and industrial clientele. This area should build on its strength as a major corporate, employment and industrial base. A master plan study of this SGA is currently underway through the City's Economic Development Department. COMPREHENSIVE PLAN Staff recommends denial of this request. A study has been EVALUATION AND RECOMMENDATION DANNY MARTIN'" . Agenda Item#19 . Pag~.2 undertaken jointly by the City of Virginia Beach, the City of Norfolk, and the Norfolk Airport Authority to assess the potential for comprehensive development of the area in which this rezoning request is located. The study area is bound by Lake Wright on the west, Northampton Boulevard on the south, Baker Road on the east, and Norfolk International Airport on the north, and comprises approximately 400 acres. The study, known as The Northampton Boulevard Corridor Master Plan Study, is currently in draft form and has not yet been approved by the City Council. In sum, the study recommends changing the zoning of much of the existing residential property located within the study area to zoning districts that would permit commercial uses. The study also recommends assemblage of land for high density development, specifically multi-story class A & B office campus park with mixed uses to include flex/office, research and development and light industrial and retail. While the proposed use can be viewed as consistent with the draft study's basic recommendations to move this area from residential to commercial and industrial uses, the current proposal falls short for several reasons. 1. This parcel is one of twenty residential lots along Burton Station Road that the City has identified for acquisition. The land assemblage acquisition strategy for the Northampton Boulevard Corridor Master Plan is scheduled on the City Council pending items list for a Council briefing in May 2006. 2. This area has a tremendous opportunity to expand and improve the City's economic base. The draft study envisions the redevelopment of underdeveloped properties with uses compatible and complementary to the Norfolk International Airport, and with uses that will take advantage of the area's transportation advantages. This part of the City has exceptional transportation access as the area is served by the Norfolk International Airport, railroad lines linked to both port terminals and land transport, as well as quick access to Interstate 64 and State Route 13. 3. This proposal does not represent an efficient use of the land as the use recommended within the study for this site is class A and B office space. Approval of this proposal would set the stage for the type and quality of future development along Burton Station Road and perhaps, more importantly, limit the opportunity for consolidated and coordinated redevelopment of properties in the vicinity. 4. Staff feels that a piecemeal approach, such as that proposed, falls short of the City's ultimate goals outlined in the Comprehensive Plan for the Strategic Growth Area #1. Staff has consistently advised those considering development and redevelopment proposals along Burton Station Road to assemble several parcels. The Comprehensive Plan states "Any development proposal should be accomplished through conditional rezoning employing substantial parcel consolidation" (page 63). Staff has consistently recommended against a piecemeal approach for transitioning this residential area to the City's desired goal of creating a major corporate, employment and industrial area. 5. This site and the surrounding area are not currently served by City water and sewer. Approval of industrial development dependent on wells and septic systems is not advised. As mentioned above, approval of this proposal would likely begin a domino effect of piecemeal development reliant on wells and septic systems, contrary to the City's vision of class A and B office space, and other requests similar to this one are sure to follow. In sum, approval of industrial zoning on this one parcel is equivalent to opening this area to industrial rezoning on a case-by-case basis with no assurance of public water or sewer service. If approved, the public's opportunity to achieve a comprehensive, high-quality redevelopment of this area could pass by. '"N'- .... . '," "',',',-,, DANNY MARTIN Agenda Item # 19 , ,Page3 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking and building orientation, the conceptual site plan entitled "PRELIMINARY SITE PLAN OF PART OF BLOCK 17, ON THE PLAN OF CORNICK FARM FOR DANNY MARTIN, Virginia Beach, Virginia," dated September 13, 2005, prepared by John E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") shall be adhered to. PROFFER 2: When the Property is developed, the building referenced on the Concept Plan shall have the architectural appearance, design features and exterior building materials depicted on the eight (8) photographs identified as "Cornick Farm Office Warehouse for Danny Martin," dated September 13, 2005, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). STAFF COMMENTS: The proffers listed above fail to offset the problems identified with this rezoning. The City Attorney's Office has reviewed the proffer agreement dated September 29, 2005, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPT ED) concepts and strategies as they pertain to this site. AERIAL OF SUBJECT SITE DANNY MARTIN Age-nda Item.J# 19 ... Pag~, 5 " " '0 g) u g & ~ '" I~ >.~ ~ , .~..=J i <Q r( :::~~FTL~ ~ J . . ,,-, : WALK'::! q J ..", 0'" '-: -1 ~JJO~~~ I JO ..Jtl' I ~ ~ . Iil. "'lik~ ~ - ~~d-~A_ ~.~IVW~!#&.~'Jcf4- BURTO . '21' -:- ~i; .... , N. STATiQN '___ __-----..::vARIAIIi.E .1ilCl/oi R/N) ROAD -----: "A~ "A- (;i>W. I~OB -....... ~ J J .3~ -~~I ~ ~ i2 , J. P~,i g :~ ",. 2: :::_ CAAl. J. w'AAi,'" ""'-., L O!<olii/~llWsr GP#; AI S:;S'-l8'E 12/' ~SS1O , "" ( P:::n_ )~~ " _~ ""-'~Aa( l!r - "'HI' :1IIA1JlT e<J.U-' - ~b -",-g .., llARAGECOOR ~ (l)'P1CAl) ~ .., d " .., Sl --- >< ::> t; I '" '" .~""'~- I ;;ll; t~ :110: ~r~~ J ~: ~;- "- IS :z o 1lI 5' :a PI .., ~ j~~ ~ ; ~~ I 1.000 . ACRE 'IIA,ID;OOse:"OOJlCl~ q 15,700 'SQ. fT. '0 ..~. g. 16.200 'SQ.f'T. TOT~ ~ W " i -~ ; 10 \ b to g :;\ ~ ~; ~~ .. ----SlUt J 10 i~ llJ ttc b ;<< g GARAGE DOOR o (TrI'ICAL) \ \ ~ Ii! o j!: ,~ i~~ l-i,J! "I :~ I~~ f d ~ z 11\.5' VARWlCE REtlU;1lE:ll 10 WAIVE 1>1III).1 !l!IlIJCE 2l\'.cA1ECQR'( " LNlOSC,l,P! AND. ilUILlllHG Sf:11lACK .... PROPOSED SITE PLAN PROPOSED BUILDING EXTERIOR PROPOSED BUILDING EXTERIOR PROPOSED BUILDING EXTERIOR .-., DANNY MARTIN Agenda Item X# 19 , .. .., Pag~9 PROPOSED BUILDING EXTERIOR '.~ .',' DANNY MARTIN Agenda Itemu:tt 19 Pag~JO Map B-4 Mop Not to Scole / ~ ~ R-5D I 0 PROPEIUY, CJ1Y Of NORfOLK L/IKE WRIGHT GOLF COURSE 1 1 0/08/79 06/14/82 2 01/25/05 02/13/01 3 OS/24/05 4 5 01/25/82 12/17/84 Dannv K. Martin -f ~ I-a~ 9 CHANGE OF ZONING (B-2 to 0-2) Granted CHANGE OF ZONING (0-2 to 1-1 Denied Industrial) Granted CHANGE OF ZONING (B-2, 0-2 & 1-1 Granted to Conditional 1-1 ) CONDITIONAL USE PERMIT (hotel) Granted CHANGE OF ZONING (Conditional 1-1 Granted to Conditional B-2) I CHANGE OF ZONING (B-2 to R-8) I Granted CONDITIONAL USE PERMIT (fuel Granted , sales) ZONING HISTORY... , ,.,.~ ,'0., - , ,. "'<;, .>" ~ fA '? \.,..,::-' -:->"'_"": '"-.. :.,:c.--~;.>'-" DANNY MARTIN Agenda Item # 19 Page 11 . ~ DISCLOSURE-STATEM~~~ . :JI APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Danny K. Martin 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation. partnership, firm, business, or other unincorporated organization, complete the following: 1, List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Travis Lee Baker 2. List all businesses that have a parent-subsidiaryl or affiliated business entrry2 relationship with the applicant: (Attach list if necessary) X Check here if the p, ",","" ~f owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & · See next page for footnotes Conditional Rezoning Application Pagel! 0112 Revised 91112004 ~ o ....... ~ U ....... ~ s::::a-c ~ c;.:, ~ ....... ~ o N ~ ~ ~ o ....... f-c ....... Q ~ --0 U DISCLOSURE STATEMENT DANNY MARTIN Agenda Ite 19 . pag J 2 ~: o t--I !;; U t--I == ~ t..::) ~ t--I ~ o N ga ~ ~ o ........ E--t ........ Q ~ o u It. r- DISCLOSURE S~~TEME@ - ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) John E. Sirine & Associates, Ltd. William E. Wood & Associates Sykes, Bourdon, Ahem & Levy, P.C. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, Of (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va. Code 9 2.2-3101, CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing accordi~g ~e instructions in package, //.k.... Danny K, Martin ~Sign~e Print Name Property Owner's Signature (if differentlhan applicant) Travis Lee Baker Print Name Condkional R~.,...,# Application Page 12 of 12 Revised 9/112004 DISCLOSURE STA TE~ENT:,.\, _n "'- ~ .. q~NY MA~bI"IN Agenda. Item 1.19... ~~~~1~ Item #19 Danny K. Martin Change of Zoning District Classification 5840 Burton Station Road District 4 Bayside April 12, 2006 REGULAR Joseph Strange: The next item is Item #19 Danny K. Martin. An Ordinance upon Application of Danny K. Martin for a Change of Zoning District Classification from R- 5D Residential Duplex District to Conditional I-I Light Industrial District on property located at 5840 Burton Station Road, District 4, Bayside. Eddie Bourdon: Thank you Mr. Chairman. For the record, my name is Eddie Bourdon, I'm a Virginia Beach attorney and I am representing the applicant in this matter, which is Danny Martin. Let me begin by requesting that let me incorporate all my remarks and those of Mr. Travis Baker and Ms. Phyllis Willoughby on this item at your public hearing both on January 11, 2006 and February 8, 2006 in to the record of this hearing. I'd also respectfully request that a copy of the material that I provided to the Commission that is highlighted portions of our three Comprehensive land use plans relate to Burton Station also be included in the Planning Commission's record ofthis hearing, which will be forwarded to City Council. I would like Council to get all of those hearing records and verbatims. Obviously, you have all heard this matter twice, and again, I don't believe there to be any public opposition to this request. The request is in my estimation one that is completely consistent with the land uses recommended for this area in our Comprehensive Plan, and have been so recommended for more than two decades. We have a one-acre site on the north side of Burton Station Road, which is approximately 200-feet west of an 0-2 zoned property and an I-I zoned property, which was rezoned from 0-2 hotel development just last year in 2005. There is already a hotel built on the other side of that property and a commercial property being constructed today on the comer of Burton Station and Northampton Boulevard. I don't think Burton Station Road is going to get moved anytime soon. We asked this property be rezoned to I-I Light Industrial for an office warehouse use, which is similar to dozens of other facilities in this very area in an around the airport industrial park. In fact, and almost identical application, in terms of the proposed land use and the size of the property and facility was approved this Planning Commission in January 2006 and City Council of February 2006 for Tank Lines, Inc., and it was on the consent agenda in both cases. I had the privilege of representing them and that property was on Diamond Springs Road near the comer of Northampton Boulevard. This office warehouse is primarily for Mr. Martin's existing successful business. Mr. Marin is a life long resident of Virginia Beach. He has a quick sub lock and interior trim item business that he sells those items that he stocks and creates to builders for new construction and renovation projects. This property like many, many others in Burton Station is and has been zoned R-5 Residential for 5,000 square foot Item #19 Danny K. Martin Page 2 "' single-family development for decades, yet there is no water nor sewer has ever been provided. It is because the City, and understandably in my estimation doesn't want to see more residential developments here. That is not a secret. But what is less obvious and still pretty clear to me is the Development Authority of our city has no money, nor any inclination to pay these long suffering property owners the fair market price for their land based upon a land use, which is consistent with our Comprehensive Plan. The Baker Family, Mr. Baker is again here today. He's owned this property for more than 43 years. Mr. Martin has offered the Baker Family a fair price. He's proffered the city a very attractive plan for a land use, which is appropriate for this area. He has no problem putting in a generator and a water tank to provide a sprinkler system for the building. That has been done in other areas of the City. The City does not have any money to buy the land. They have been offered the opportunity on numerous occasions including by Martin to pick up his contract. They don't want to pay fair market value for the land. In my estimation as an office warehouse because they don't have any money. Yet, at the same time they're depriving the family owners any ability to develop their property in a manner consistent with the Plan by opposing this type of development. And that is what is recommended to you today that you continue down the road or their stuck in purgatory with nothing they can do with their property. I believe that to be a totally inequitable situation, which has exhausted the patience of the Baker Family, as I have said who has owned this property for over 43 yeas. Mr. Martin is a well respected established businessman in the city who is willing to come in and build a building that will suit his business needs so he can expand his business in our city, and I don't know how it can get a better utilization of the property given all the circumstances that exist as a "pie in the sky" idea that this property is going to be accumulated, and we're going to have big office buildings there. We heard a little bit about it, I guess in February by one of the members of Development Authority team members of coming to speaking to you. As much as I think a lot of might like to see it, it is not reality. These people need to be able to utilize their property in a manner that is fair and equitable and consistent with our Comprehensive Plan. I believe this application is purely and clearly that, and I read in the paper not to many weeks ago. I believe Vice Mayor Jones said there is no money and doesn't think there is going to be any money to do anything out here because all of our assets are being bundled into buying land in APZs and Interfacility Traffic Areas, and other parts of the City. This isn't going to blow the plan for Burton Station is my point. It is the type of use that will go in Burton Station and should go in Burton Station. But these folks just can be continued to be put down and not have the opportunity to develop their property. Thank you. I hope you all will see fit to recommend approval of the application as proffered, and pass this on to City Council. Barry Knight: Thank you. Are there any questions for Mr. Bourdon? Mr. Bourdon, when you said that the City had no money, I understand what you said, and understand the reason with the BRAC concerns and stuff, does the Development Authority have no money either? Item #19 Danny K. Martin Page 3 Eddie Bourdon: As I understand it Mr. Knight, and you heard from the realtor two months ago. There is no money available that can earmarked to buy property there. Mr. Martin met with the Real Estate Department City of Virginia Beach when this came up in January and they were asked how much is your contract for, gave them the answer. We can't buy it. We don't have any money. I don't know what else I can tell you. All they told us was there was no money. I want the application approved. Don't get me wrong but a bigger point, and I think that is one that the City can't continue to ignore is we got to do something to allow these people out here who don't have title problems, who don't have title issues and want to see some use of their property, the opportunity to do something if there is a plan that is proposed, as I believe this one is and that is consistent with the Comprehensive Plan Guidelines with regard to an industrial use, an office warehouse for that area. Barry Knight: Thank you. Are there any other questions for Mr. Bourdon? Thank you. Are there any other speakers Mr. Strange? Joseph Strange: There are no other speakers. Barry Knight: I'll open it up for discussion. Mr. Bernas. Jay Bernas: I don't know if anyone on staff can help me with some clarification as far as what is going up to Council in May? I understand that when we were briefed by the Development Authority in February that it was suppose to be heard on February 28, 2006, and it was postponed to May. What exactly is going to City Council in May? Robert Scott: I can tell you generally what is going to City but not exactly. There will be, I suspect a discussion about how to go forward with development in this area. I agree with a lot of what Mr. Bourdon told us just now. I do. I agree with everything that he said. I agree with a lot. I don't agree with a "pie in the sky" plan. It's a tough plan to pull off but we pull of a lot of tough plans. But it is going to involve a more investment by the City that what is taken place. Obviously, I don't think the issue is lack of money so much as it was, I understand discussions that took place that the property owner and our City real estate people were not together on price. And maybe we need a long harder look at that in practices of using their advantage that is inappropriate but I think that is what created the problem. I feel like the City Council is going to have to make some decisions about this. This is some of the things that Mr. Bourdon mentioned. I think that some discussions have got to be held and some decisions have got to be made about what we are going to do this area and its development and our approach to people, who own property in that area right now today. So generally speaking, that is the kind of discussion that I think will at least start. Where it goes, I don't know. But I think that is the start of the discussion. Barry Knight: Thank you. Are there any other questions? Discussion? Mr. Ripley. Item #19 Danny K. Martin Page 4 Ronald Ripley: Yeah. I think the applicant has been very patient and I think back to an application that we had on the hotel, which is just to east of this property and it's at the comer of Northampton and Burton Station. We had the same kind of dilemma. This goes back quite a few years. The hotel application wanted to move forward but we had this potential joint plan with the City of Norfolk and the City of Virginia Beach. That happened to some extent but it just didn't seem to die. Of course, a couple of months ago we addressed this again, and we were told there was going to be some discussion at the City Council level and that didn't take place. I understand that things get put off. We certainly had some urgency with BRAe. No disrespect intended by that statement. But, in all due respect to the applicant, I think the applicant has rights to. I felt all along too that if you don't have any money and if you have a plan in place, which would be very helpful we could develop around a plan but we don't have a plan in place. This seems to fit within and I don't disagree with the applicant's attorney said, its consistent with, in my mind, the Comprehensive Plan of what could go into this area. And it would not be consistent, I don't think for someone to develop this residentially at this time. I think that would be inconsistent with the future of the Burton Station area. I think this would fit in. I think maybe the plan would have to work around this to some extent. But I don't think that it is that hard to work around. It's facing up on the road. It's not like it's in the path of something new. There might be some new right-of-way that's been planned but it would probably remove the hotel if it were to extend through this property other than the way it is laid out. I just can't see why we should not act on this. I'm going to vote in favor of the application. I think we ought to move it off the Planning Commission, move it to City Council, and if City Council, Lord knows what happens when it gets there, but that will be at their desk. For us, to keep here bouncing at Planning with no direction, and I don't mean that derogatory but there is no real direction that we could get our hands around, given the consistency of what I think is proposed for the area, I think that it is appropriate to approve it. Barry Knight: Thank you. Mr. Crabtree. Eugene Crabtree: I tend to agree with Mr. Ripley. Just what I don't think we have been given any real concrete reasons why we should not proceed with this application and go forward. What is proposed and what is out there, in the future, I may live long enough to see it. Who knows? But this is here and now. I think the applicant has been put off long enough that he needs to have answer. Barry Knight: Thank you. Mr. Henley Al Henley: I agree with Mr. Ripley and Mr. Crabtree. I think this applicant's family has owned this for 43 years and now he has an application that I feel that is a proper use. He has a business that he will utilize this facility for. I think if the City had a concrete plan, and if this application was in conflict with that, then I think we would have a lot of concerns but right now it is not. I think it is in compliance with the Comprehensive Plan. I would be favor of this application. Item #19 Danny K. Martin Page 5 Barry Knight: Is there any other discussion? Mr. Livas. Henry Livas: Yes. I would support this also. I think it is compatible with the overall plan in that area. I think it is time to move it along. Barry Knight: Thank you. Mr. Bernas. Jay Bernas: Although I agree with the other Commissioners as probably compatible, I think give the same rationale that we deferred this item in February that it was going to be heard by City Council, which was suppose to be February 28, 2006, and we know, hopefully, it will be heard in May. Given that same rationale that hopefully with the plan that they are presenting to City Council will give us some direction on how this whole entire area will develop and whether or not what is going on with Norfolk International Airport Authority, I think given that same rationale why we deferred it initially, I would recommend deferring it until City Council hears it in May. Barry Knight: Okay. Thank you. Is there any other discussion? Mr. Strange. Joseph Strange: Well, I agree with so far with Jay except I think that the applicant has been patient enough. I think when does your patience run out? To me, I think the time is now. I think this person is very financial. I'll be voting to support the application even though I wish we had better information to make a decision. Barry Knight: Thank you Mr. Strange. Is there any more discussion? Let's entertain a motion. Ms. Katsias. Kathy Katsias: I'd move that we accept the proposal. Barry Knight: We have a motion made. Do I have a second? Al Henley: I'll second it. Barry Knight: Mr. Henley. We have a motion on the floor made by Kathy Katsias and a second by Al Henley to approve Danny Martin, agenda Item #19. Is there any other discussion? Call for the question. AYE 7 NAYl ABSO ABSENT 3 ANDERSON ABSENT BERNAS NAY CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE Item #19 Danny K. Martin Page 6 LIV AS RIPLEY STRANGE WALLER WOOD AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 7 -1, the Board has approved the application of Danny K. Martin. Eddie Bourdon: Can I briefly thank you all very much. I wanted to apologize to Mr. Scott. I did use the term "pie in the sky" and that was really directed at what was said about moving Burton Station Road at the briefing a couple of months ago. I don't think there are any plans of "pie in the sky." Barry Knight: Thank you Mr. Bourdon. Is there any other business to be brought before the Commission today? If not, we will call the meeting adjourned. Item #16 Danny K. Martin Change of Zoning District Classification 5840 Burton Station Road District 4 Bayside February 8, 2006 _ t REGULAR Barry Knight: Mr. Secretary, will you call the first item to be heard and ask for his representative? Joseph Strange: The first item to be heard is Item #16 Danny K. Martin. An Ordinance upon Application of Danny K. Martin for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional I-I Light Industrial District on property located at 5840 Burton Station Road, District 4, Bayside with two proffers. Barry Knight: Welcome. Eddie Bourdon: Mr. Chairman, for the record, my name is Eddie Bourdon, a Virginia Beach attorney and I represent Mr. Martin, who is in the audience this afternoon. The two folks that have just come forward, I'm going to let them speak for a moment. You heard me last month and I'll talk a little bit more about what you already were briefed this morning. This is Mr. Travis Baker. Mr. Baker and his family own this property and have owned this property for approximately 40 years. Ms. Willoughby is a licensed commercial real estate agent and she has had this property and others listed. She has some testimony that she would like to put on the record. After that, I'll talk to the application again. Barry Knight: Thank you. Welcome sir. State your name. Travis Baker: Hello. Travis Baker. Barry Knight: Sir. Travis Baker: This morning, in the informal meeting, I think it was and I listened to the Project Development Management give his presentation. While some of what he said was inaccurate, some of it was true. The City did start acquiring the properties out there in 1992. Three years ago, they did send an appraiser out to us. What they did was they had two appraisers. We had to pick an appraiser from the list. They told us we could have one of our own and they would send one. Well, the one that we would have was the one they had selected. We had a list of appraisers that they gave us that we had to choose from. The appraiser came out and told us that the City was going to allow us to move into another house of the same size house that we already had. That was their plan to acquire our homes. He told us that if we were living in a two-bedroom one-bath house, Item #16 Danny K. Martin Page 2 that is what we would be allowed to move into, irregardless of the number of acres we were sitting on now. None of us thought it was fair. That is not how business is done. So they went ahead and did an appraisal and we all fell that the price was too low. Now, I have a ratified contract on the house now. The selling price is twice the amount that Virginia Beach was willing to pay me for the property. Every one out there wants to sell their property.- Everyone. We're not trying to hold the city up. The Developmental Manager asks for February 28,2006, and he was speaking in theory that Virginia Beach might come up with the money to acquire those properties out there. This has been going for 15 - 20 years now. I have a ratified contract today and I can close on the property if you guys go ahead and let us rezone it. It is going to be rezoned anyway just like the developmental manager said. So,that is about it. I have a lot to say but I can't think of all of it right now. But that is the gist of it. Barry Knight: Thank you Mr. Baker. Travis Baker: Thank you. Barry Knight: Welcome ma' am. State your name please. Phyllis Willoughby: Good ~fternoon. I'm Phyllis Willoughby. I'm an Associate Broker with William E. Wood and Associates. I was originally introduced to the group Burton Station in 1992. I spoke before the Council members years ago. I was brought in again in 2004, and met the homeowners. And yes, they are interested in selling their property. I listed, which I have a list or properties. I don't know if you want to see those. Barry Knight: You can hand them to Mr. Livas. Phyllis Willoughby: So those were all the properties that I have listed. As you can see where the dots are, are where the properties are located. And, I market the properties internationally. I even went to the City and brought them the same information that I had all these properties listed. These homeowners are interested in selling their homes. I gave them all the information and they came back and told me that they weren't interested in purchasing. I mean this is what they just told me in 2005 when I went to the office. And, I spoke to Mr. Lawson personally and he said that they have not been able to get together on the future plans. It could be 20 years, 30 years from now, and that I was really just shooting in the dark. But I had confidence in these homeowners and I felt they had been oppressed for so many years, and I felt that I would give my best energy into marketing. Like I said, I market internationally and so I was able to sell a few. The problem is that it doesn't have city water and sewage there. It's an ideal location. The city has been, you know, one minute they said they do. I got them all listed. They had the opportunity because the people have signed even all the heirs so there were not title issues at that point. And they were willing to sell their properties but they were not willing to purchase them. And now that we have someone interested in paying the price to the buyer now we're going back and forth again and he's being stopped from selling his property. Do you have any questions for me? Item #16 Danny K. Martin Page 3 Barry Knight: Ron. Ronald Ripley: Did you have all these listings at one time? Phyllis Willoughby: Yes, I did sir. Ronald Ripley: And you went to the City and suggested they be interested in purchasing them and they said they were not? Phyllis Willoughby: Yes. Ronald Ripley: Thank you. Phyllis Willoughby: I personally went there myself. Barry Knight: Are there any other questions? Thank you ma'am. Eddie Bourdon: Mr. Chairman, I lived here all my life and I'm very familiar with this area. I'm not familiar with it as some other people but those residential developments or related businesses, I think recognize that this is very valuable corridor in the Comprehensive Plan as I mentioned last month has recognized it for quite a number of years. I do not know of any area where people have been basically subjected to what this area has been subjected to now, as Mr. Hudome mentioned this morning twenty years. Mr. Baker mentioned to me that as Mr. Hudome mentioned this morning it has been a career for people. They have been working on this area for 20 years. It's more than a career for his family. They've owned the property for 40 years. They got no water. They got no city water, no city services, and no city sewer. The reason they don't, and I would submit, is because the city and the development authority wants to acquire these properties and to put infrastructure in would make them more valuable, and cost the taxpayer more money. One hand I could appreciate that but on the other hand it's long past time for these people to be able to do something with their property. As was stated this morning, they don't want it zoned residential even though it is zoned residential. We have submitted a plan, fair market value purchaser coming to the plate to develop the property, and it's a plan that is consistent with other plans for development that exists in that area, including one that you all recommended for approval at Diamond Springs and Northampton Boulevard just last month and it's a difficult situation for a lot of people. It's past time that something be done about it. I wanted you to hear their testimony. This isn't an appraisal situation. This is a fair market value contract that Mr. Martin has. Mr. Martin is a Virginia Beach businessman, developer. He is ready to go in and do what he has proposed. We didn't know anything about the comments we heard from Mr. Smith this morning. We are absolutely certain we can deal with those issues with regard to fire suppression sprinkler systems. There is a way to do that. There is more than one way to do that. The last thing I would say on the subject is these plans are super secret that no one has seen. I heard Mr. Hudome say that Burton Station Road is going to be moved. This body and City Council rezoned two pieces of property on Burton Station Road. One Item #16 Danny K. Martin Page 4 already has a hotel on it and the one there's a planned hotel for it. We got a commercial structure going in on the comer at Burton Station and Northampton. All of this has been done in the last couple of years. None of us knew it was going to be moved. It wasn't going to be there any more. So, my beef is not with the Planning Department in any way, shape, manner, or form. I'm not here to really have a beef with anybody. I just think its past time that these property owners be dealt with appropriately. Let them, if they got an appropriate development that's industrial let them do it. Otherwise, it's long past time the City brought the property at fair market value. Barry Knight: Thank you. Are there any questions for Mr. Bourdon? Eddie Bourdon: Thanks. Barry Knight: Let's open it up for discussion. Ron. Ronald Ripley: I support the application. I think the application is the appropriate type use for the area. The hotel, which was just mentioned, was brought forward because of the frustration of this Master Plan, and the possibilities of it working out in the long term stigma. It's really going to put on the whole area until you actually move forward with a Master Plan. With that said, I also support a Master Plan for the area. I think it's a fantastic area that's within the Comprehensive Plan that suggests that it could be an excellent commerce park for both cities if they actually can get together. I just doubt if they're going to do that in the foreseeable future. Ifthey did, it would be great. I think what we heard this morning is that the Council is going to be briefed on the 28t\ and I hate, we've done a lot of deferring lately, I hate to do that because I think we need to move items through, and I think we need to move them on but sometimes it's important to just to get all the facts. The same thing we did this morning with the Shore Drive piece. We don't have all the facts. I'm not sure we have all the facts here either. What the intent ofthe city is as far as actually moving forward with a Master Plan. Realistically approaching funding or how it can acquire property so I've got mixed emotions. I like to see this application go forward. I do support it. The point of actually getting into ifthis would actually go to a vote today, I would vote for it. But I would like to recommend that we defer this again to allow the City Council to receive the report and react. Perhaps they can discuss acquisitions or whatever with the property owner. I don't know. I don't want to get in the middle of that. I'm really more about land use but I think we need to take it to that step, and then hear it, and vote on it next month. Barry Knight: I think we have a motion to defer by Mr. Ripley. Dorothy Wood: Second. Barry Knight: A second by Dot Wood. I'll open it up back for discussion. I'd like to say that it has been a very, very long time that Burton Station is an area that I understand that the City wants to upgrade and has wanted to upgrade for many, many years. I personally know there are some problems with acquiring some of the properties at Burton Station Item #16 Danny K. Martin Page 5 but I think the City should have moved a little faster on moving forward on it, and I certainly hope that the City Council will read our verbatim and see there are some property owners, Mr. Baker in particularly, think maybe is being held hostage by a plan or lack of a plan, and hopefully they will take that into consideration on their deliberations on February 28th. I know there are people out there that need to do something with their property. Go ahead Jan. Janice Anderson: Thank you. I just want to make one comment. It is my understanding that even if this plan gets approved and goes forward on it, that would still be a voluntary acquisition by the City. So, if the City goes back to these owners and says this is what we'll pay you under this plan that is not acceptable then they still can develop their property by right and it would be changed to zoning. So, I am a little bit more sympathetic that this has been since 1992 since the plan started. And even though I think it has a little more momentum now, I don't have any good feeling that it would be closed in the near future. So, those are my comments. I don't believe the gentleman should be held up any longer. Barry Knight: Are there any other comments? AI. Al Henley: I have a question of Mr. Bourdon. Eddie Bourdon: Yes. Mr. Henley. Al Henley: Mr. Bourdon, this morning you were in the briefing, and it was indicated by the Fire Department, Mr. Smith that there was some legitimate concerns regarding fire suppression. There weren't any fire hydrants and water lines in that area. And, there was some other issues concerning their turn around movement and so forth, and you had indicated in your statement just a few moments ago that you were willing to get with your client and you thought they were able to resolve those? Can you elaborate on that? Eddie Bourdon: That was the first we heard of any of those questions and issues. I'm very happy and comfortable with Chief Smith, and talked about those issues. As far putting sprinkler systems in the building, we can put in a holding tank on site, generator and a commercial grade system using our own generator, electrical power on site or putting a water line there. We know where it is coming. That's the proper way of doing it. In terms ofthe layout and turn around, again, didn't know anything about that being an issue or a problem. There are a number of facilities and some, which were approved last month with a similar type of design. If we need to tweak that to make the turn around, we can do that. I understood them to say that as long as you had a sprinkle, the turn around situation was less a problem. We can sprinkle the building. We're more than happy to sit down and work through those issues. We're confident we can do that. But the first we heard ofthe issue was this morning. I don't expect to deal with it here before you all. I expect it to be done before it comes to you all. That wasn't something that was brought to our attention until this morning. Item #16 Danny K. Martin Page 6 Al Henley: Thank you Mr. Bourdon. Eddie Bourdon: Thank you. Barry Knight: Joe. Joseph Strange: I agree with Ron. I think even though this has been dragging on for years, I think at this point people are moving on these issues over there and we just saw a plan this morning. I'm thinking on what it would do to the value of the land ifthe plan goes through implemented. I mean, I think there are just a lot of questions at this point that a 30-day deferral would help solve. I'll be in support of a deferral. Barry Knight: Is there any more discussion? There is a motion to defer. The first was made by Ron Ripley and seconded by Dot Wood. I'll call for the question. ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 10 NAY 1 ABSO ABSENT 0 NAY AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-1, the application of Danny K. Martin has been deferred. .""'''""".=m''''''."mmm''''''''''''''''''''''''''.""""""""""~=",,m=.''~==" m.mmm""...Section Break (Next Page}"""""""." .... .m"mm"~~~~~"".== ....."._ Item #16 Danny K. Martin Page 7 Item # 1 Danny K. Martin Change of Zoning District Classification 5840 Burton Station Road District 4 Bayside , January 11, 2006 REGULAR Barry Knight: We'll now proceed to our regular order and we'll go to agenda Item #1 Danny K. Martin. Mr. Strange. Joseph Strange: An Ordinance upon Application for a Change in Zoning District Classification from R-5D Residential Duplex District to Conditional I-I Light Industrial District on property located at 5840 Burton Station Road, District 4, Bayside. Eddie Bourdon: Mr. Chairman, for the record, my name is Eddie Bourdon. I'm representing Mr. Martin, and the owners ofthis piece of property have owned this piece of property and this location for many decades and generations. I'm passing out and Ms. Lasley is kind of enough to pass out to you all just excerpts from first of all the 1991 Virginia Beach Comprehensive Land Use Plan adopted March 5, 1991 and the November 4, 1997 Virginia Beach Comprehensive Land Use Plan adopted November 4, 1997. I've highlighted references in both of these plans to Burton Station. First of all, read the 1991 comment in the Comprehensive Land Use Plan. It states that "the Burton Station area between Airport Industrial Park, Norfolk International Airport, the City Line and Northampton Boulevard can appropriately be developed under conditional zoning as a low rise medium intensity office park and light industrial area. The 1997 Comprehensive Plan states, "the attractiveness of the Northampton Boulevard, Diamond Springs Road area as a light to heavy commercial and industrial center contributes to the City's overall economic health and vitality. It enjoys a unique combination of air, rail, and interstate highway access. It is the policy of the City to support employment based land uses in the Northampton Boulevard area including industrial, commercial and office activity." This property is over an acre in size. And as I said, the owners have owned it for generations. There is no water. There is no sewer. There are no plans to provide water and sewer. We certainly recognize that for close to 20 years, the City has been trying to acquire land in this area for a comprehensive development for industrial and commercial uses. We have a proposal here on this piece of property that is consistent with the one you just approved on the consent agenda at the comer of Northampton Boulevard and Diamond Springs Road. And it is consistent with other development in the Airport Industrial Park area. We do understand that staff has indicated there is opposition to this and your desire to defer it. I want everybody to understand that the people who own this piece of property have been waiting and they've been waiting and they've been waiting. We have someone here who has come to the table offering them good money and wishes to develop the property in accordance with what our Comprehensive Plan have been indicating as what we want to see. Now, again going on 20 years. It is really unfortunate that people who are stuck in that position where they can't develop their property residentially because it is not what people want to see. I guess they're waiting for some government buyer to come along and by all the property. I don't see that is going to happen anytime soon. I think it is time for the private sector and I know the private sector is going to do it and in . this case when we see little bit of it and as you head a little bit south on Burton Station Road towards Northampton Boulevard where we finally seeing some development that . has been approved. We think that it is a very good application. We think it is consistent with the Comprehensive Plan. We have not been advised of any changes suggested that are to be made to the plan to make it better. We've been told basically that the City or the Development Authority wants to assemble a whole piece of property, all of it around it, then do something different pursuant to a plan that you all haven't seen and I haven't seen. So, we believe it is a good application. The owners of the property, who Mr. Martin has purchased it with, are not comfortable with this being shoveled aside. But you all understand and want to see some things and appreciate some of the comments that I've heard from you all in the informal. I can't agree to a deferral but if you were to defer it that is your prerogative at this point. But I certainly hope that this process will move forward more swiftly then it has in the last two decades. Barry Knight: Thank you Mr. Bourdon. Does anybody have any questions for Mr. Bourdon? Mr. Ripley. Ronald Ripley: I don't know ifthis is Mr. Bourdon for Mr. Scott. The right-of-way that has been dedicated in here, what is the Master Transportation Plan call for this road? Do you know right offhand? Robert Scott: I would have to look at the 'Write up. Ronald Ripley: It says it has got a 10-foot right-of-way dedication. I guess that is sufficient. Robert Scott: Mr. Ripley, I don't know. I'm going to have to research it. Ronald Ripley: Okay. Thanks. Barry Knight: Any other comments or discussion? Ms. Wood. Dorothy Wood: I would like to make a motion that we defer this until February so that we have a chance to have the Economic Development Director with us. Also, I believe that City Council is seeing a package in February that will relate to this property. Barry Knight: A motion to defer by Dot Wood. Do I have a second? Eugene Crabtree: I'll second it. Barry Knight: Mr. Crabtree seconds. It is open for discussion. Mr. Ripley? Ronald Ripley: What is the date again that the Council will be briefed? Do you know? Robert Scott: In the next week or two I believe. Ronald Ripley: We will have an opportunity to see the study prior to the next Planning Commission Public Hearing? Robert Scott: I will see to it that you are properly briefed prior to the next time this application is brought before you. Barry Knight: Is there any other discussion? We have a motion on the floor to defer Item # 1 Danny K. Martin. The motion was made by Dot Wood and seconded by Gene Crabtree. Let's call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has deferred the application of Danny K. Martin. Barry Knight: Thank you. CITY OF V lKGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6324 DATE: April 27, 2006 FROM: Leslie L. Lilley B. Kay Wilson~\;) DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Danny K. Martin and Travis Lee Baker The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 9, 2006. I have reviewed the subject proffer agreement, dated September 29, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Icms Enclosure cc: Kathleen Hassen PREPARED BY; ~.m SYIIlS. ROURDON. ~II AlIrnN & llVY. P.c. DANNY K. MARTIN TRAVIS LEE BAKER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of September, 2005, by and between DANNY K. MARTIN, party of the frrst part, Grantor; TRAVIS LEE BAKER, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of he second part is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 1.00 acre of land which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional 1-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1458-89-4322 1 PREPARED BY: WHEREAS, the Grantors acknowledge that the competing and sometimes i incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the I-I Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or auid pro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking and building orientation, the conceptual site plan entitled "PRELIMINARY SITE PLAN OF PART OF BLOCK 17, ON THE PLAN OF CORNICK FARM FOR DANNY MARTIN, Virginia Beach, Virginia" dated September 13, 2005, prepared by John E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City I SYUS. ROURDON. AHrnN & ill'Y. P.C 2 PREPARED BY: I" SYKJ;:S. ROURDON. . AlIrnN & iM. P.C Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"), shall be substantially adhered to. 2. When the Property is developed, the building referenced on the Concept Plan shall have the architectural appearance, design features and exterior building materials depicted on the eight (8) photographs identified as "Comick Farm Office Warehouse for Danny Martin", dated September 13, 2005, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the goveming body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing 3 PREPARED BY, 1= SYKJ;:S. ROURDON. AHrnN & U:VV. P.C conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, ptade pursuant to these provisions, Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pu blic inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of Grantors and the Grantee. 4 PREPARED BY: ~.l!J SYI(IS. ROURDON. 1.11I AlIrnN &. llVY. P.C WITNESS the following signature and seal: Grantor~ L ~~SEALI Df1YI~~grtm . -- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3rd day of October, 2005, by Danny K. Martin, Grantor. _J~,i ;2/1 Yi7~duf~ Notary Public My Commission Expires: August 31, 2006 5 PREPARED BY, ~ sms. nOURDON. UII AIlrnN & 1M. P.c. WITNESS the following signature and seal: Grantor: ~ ( , l. Travis Lee Biker , ' I STATE OF VIRGINIk-~ J ~OUNTY OFV1M L(ilk#, to-wit: . My Commission Expires: : ~~r{ 6 . 'J '.tI- t?( '/ day of PREPARED BY: ~m SYKES. ROURDON. MAHrnN & 1M. P.C EXHIBIT "A" ALL THAT certain lot or parcel of land, situate in the City of Virginia Beach (formerly Kempsville District, in the County of Princess Anne) State of Virginia, being known, numbered and designated as Part of Block 17, on Plan of Cornick Farm, Which plan is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Deed book 66, at Page 156, said property being more particularly described as follows: BEGINNING at a point on the northeastern side of Burton Road at the southern corner of tract conveyed by J. L. Roberts, et ux, to Menser C. Brown, by Deed dated June 11, 1951, and recorded in the said Clerk's Office in Deed Book 288, at Page 105, which said point of beginning is 183 feet (as measured along the northeastern side of Burton Road) North of the northern side of Farm Road #4 (as said Farm Road #4 is shown on the Plan of Cornick Farm aforesaid); thence North 270 49' East along the southeastern side of property conveyed to Menser C. Brown as aforesaid 362.3 feet to a pin; thence South 550 48' East 121 feet to a pin; thence South 270 49' West 362.3 feet to a pin in the northeastern side of Burton Road; thence North 550 48' West along the northeastern side of Burton Road 121 feet to the point of beginning. GPIN: 1458-89-4322 ConditionalRezone j Martinj Proffer 7 Map J-10 Mop Not to Scole Delaware Corp. R-20 AG-I AG-J R-20 / " '- CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: Delaware Corporation - Change of Zoning District Classification, London Bridge Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: May 23,2006 . Background: An Ordinance upon Application of Delaware Corporation for a Chanae of Zoninq District Classification from R-20 Residential District to Conditional 1-2 Heavy Industrial District on property located on the north side of London Bridge Road, approximately 175 feet east of Harpers Road (GPINs 2405422428; 2405422332). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant proposes to rezone the existing R-20 zoning to Conditional 1-2 Industrial District for the development of office warehouses; self-storage units (including one climate controlled building); indoor recreational vehicle and boat storage; and, outdoor bulk storage of vehicles including boats, motorcycles, recreational vehicles, etc. The Comprehensive Plan designates this site as being within Strategic Growth Area 10, South Oceana Area, suitable for mid-rise offices and appropriately located light industrial uses consistent with the policies of the Comprehensive Plan. Although not located within an Accident Potential Zone (APZ), the United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site, similar to the way that the recent changes to the City's Zoning Ordinance limit the types of development permitted within the APZ-1. While the property is zoned R-20 Residential District, the easement prohibits any residential development. Warehousing, storage yards, and wholesaling are all permitted activities in both the restrictive easement and within the 70 to 75 dB Ldn AICUZ. A review of the zoning history reveals that a conditional rezoning, on property adjacent and to the east, was approved by City Council in 2005 from R-20 to Conditional 1-1 Light Industrial for a self storage facility and a Conditional Use Permit for bulk storage. That property is also impacted by a restrictive easement owned by the United States Navy. Delaware Corporation Page 2 of 2 The Planning Commission placed this item on the consent agenda because it is compatible with the surrounding uses, consistent with the recommendations of the Comprehensive Plan, and there was no objection to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager: Q l(. ,~&fl"L DELAWARE CORPORA TION Agenda Item # 5 April 12, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Chanae of Zonina District Classification from R-20 Residential District to Conditional 1-2 Industrial District. Map J-1O Ml)p Not 'to Scole Delaware Corp. AC-I ADDRESS I DESCRIPTION: Property located on the north side of London Bridge Road, east of Harpers Road. GPIN: 24054223320000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE, SITE SIZE: 43.2 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing R-20 property to Conditional 1-2 Industrial District for the development of office warehouses; self-storage units (including one climate controlled building); indoor recreational vehicle and boat storage; and, outdoor bulk storage of vehicles including boats, motorcycles, recreational vehicles, etc. LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Cultivated agricultural field. South: . Housing development under construction, agricultural field I R- 20 Residential District, AG-1 Agricultural District . London Bridge Road, open space, single-family dwellings I R- 20 Residential District, PD-H2 with R-10 overlay East: . Self-storage facility under construction / Conditional 1-1 Light Industrial District . Housing development under construction / R-20 Residential District. . Agricultural fields / R-20 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The property lies within the Southern Watersheds Management Area. The property currently exists as a cultivated agricultural field. This site is void of any trees or any other significant environmental features. AICUZ: The site is in an AICUZ of 70 - 75 dB Ldn surrounding NAS Oceana. The United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site. Although the property is zoned R-20 Residential District, this easement prohibits any residential development. Warehousing, storage yards, and wholesaling are all permitted activities. Correspondence from the Navy indicates that additional information will be required from the applicant concerning the details of the facility to ensure compliance with the easement. The applicant is aware of this need. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTPl I CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road is a four-lane suburban arterial roadway. There are no current projects in the CIP to further improve this roadway. London Bridge Road Present Volume 24,001 ADT I Present Capacity Generated Traffic TRAFFIC: Street Name 28,200 ADT I (Level of Service "C") - 32,800 ADT 1 (Level of Service "0") Existing Land Use :c._ 733 ADT Proposed Land Use 3 - 1,471 ADT 'Average Daily Trips 2 as defined by existing R-20 zoning 3 as defined by proposed uses It should be noted that Traffic Engineering has made the following comments related to the proposal: . Traffic Engineering has indicated that the secondary access point shown on the Conceptual Site Layout at Harpers Road will not be permitted as a permanent entrance. The existing roadway in the City right-of-way from Harpers Road to the applicant's property line is 70 feet from the Harpers Road/London Bridge Road intersection. As a road that previously served very little traffic, this short distance may have been acceptable. However, the volume and type of vehicles (trucks, RVs, boat trailers, etc.) that will be entering this site will create safety and congestion problems at the Harpers Road/London Bridge Road intersection. The existing roadway section from Harpers Road to the .):;'"",.i/, __.,,",l; ,-". ':', '~<.- -'-'"':",," ".,;",.>..'> ";,;,,"*,~,,.~/;,~ "', ,- ^'';;:~':, DELAWARE CORP. Agenda Ite5 . , . p,. 2 +- applicant's property is 18 to 22 feet wide. This roadway width is not acceptable for the volume and type of traffic anticipated as a result of the proposed development. In addition, the intersection of this roadway with Harpers Road has the characteristics of a driveway, not a public roadway intersection. The applicant has noted on the Concept Plan that this access way will be gated during construction and closed after construction. · At the main access point on London Bridge Road at the existing traffic signal, the applicant will be required to build both right and left turn lanes in accordance with the Public Works Standards. These improvements have been depicted on the proffered plan. The applicant will also be responsible for making all traffic signal improvements, including modifications to the existing signal equipment, if necessary, to control traffic entering and leaving the proposed development. The traffic signal improvements must be designed in accordance with Public Works Standards. The proposed entrance to the development at the signalized intersection with London Bridge Road may not be used to serve traffic, including construction traffic, until after the traffic signal modifications to provide signalized control of that access point are operational. . For the required right turn lane on London Bridge Road into the site, property for additional right-of- way may be required for the relocation of the existing multi-use path around the turn lane. The applicant is aware of this issue that will be reviewed in more detail during the final site plan review. WATER: This site must connect to City water. There is an existing 16 inch City water main on London Bridge Road. SEWER: The site will connect to City sewer. There is an existing 10 inch force main along London Bridge Road that the applicant may possibly connect to. A private grinder pump and a private force main may be an option. Virginia Department of Environmental Quality approval is required for private sanitary pumps. Also, an encroachment agreement would be required for the private force main within the right-of-way. The Comprehensive Plan designates this area as being within the Strategic Growth Area (SGA) 10 -The South Oceana Area. This area is a large hour glass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. The eastern region of this SGA is recommended for high quality, well- landscaped low to mid-rise offices and corporate parks, especially within those areas located adjacent to existing stable residential neighborhoods. The Plan calls for attractive building design and materials particularly for projects along key arterials and close to the Southeastern Parkway and encourages limited access to Dam Neck and London Bridge Roads for light industrial uses. Rezoning property within this SGA to non-residential is supported by the Plan. Page 83 states that non-residential land uses support the City's goal of achieving proportional growth of its non-residential tax base and will aid in reducing traffic congestion by improving the balance between residential and non-residential uses. It also notes that non-residential uses are appropriate and compatible with military operations at NAS Oceana. COMPREHENSIVE PLAN Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION A small portion of this site will be adjacent to a residential development currently under construction. Due to the presence of this residential property to the east and an established residential neighborhood (Castleton) to the south, landscaping, buffering, screening and design are extremely important. The layout of the site is such that the more attractive buildings will be located along London Bridge Road behind a 50 foot wide landscape buffer. The building materials for the structures proposed along London Bridge Road include the use of brick, block, and standing seam metal. The proffers dictate the design 0f the buildings and signage, the site layout, the landscaping and buffering, and prohibited uses. As identified by the City's Traffic Engineering Office, there are a number of issues regarding access to the site and impact of the use on London Bridge Road. Those issues are discussed above in the Traffic section of this report and will be addressed during site plan review should this application be approved. A review of the zoning history reveals that a conditional rezoning, on property adjacent and to the east, was approved by City Council in 2005 from R-20 to Conditional 1-1 Light Industrial for a self storage facility and a Conditional Use Permit for bulk storage. That property is also impacted by a restrictive easement owned by the United States Navy. Although not located within an Accident Potential Zone (APZ), the United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site, similar to the way that the recent changes to the City's Zoning Ordinance limit the types of development permitted within the APZ-1. While the property is zoned R-20 Residential District, the easement prohibits any residential development. Warehousing, storage yards, and wholesaling are all permitted activities in both the restrictive easement and within the 70 to 75 dB Ldn AICUZ. So, in essence, while not physically located in the APZ1 , the effect of the restrictive easement limits development on the property to uses compatible with military operations at NAS Oceana, similar to the way the City's Zoning Ordinance also limits uses on property located within the APZ-1. The Comprehensive Plan is clear that industrial uses, and other non-residential uses, are appropriate within Strategic Growth Area 10 based on several points: additional non-residential uses support the City's goal of expanding its non-residential tax base; rezoning residential properties to non-residential districts aid in minimizing traffic impacts by improving the balance between residential and non-residential land uses in this area; and, non-residential, industrial uses are typically compatible with military operations at NAS Ocean a and permitted within the 70 to 75 AICUZ. In sum, staff recommends approval of this request as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (S1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF LONDON BRIDGE RV/BOAT STORAGE, London Bridge Road, Virginia Beach, VA," dated 01/27/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan). PROFFER 2: The area of this parcel depicted as "Bulk Storage" on the Concept Plan shall only be utilized for storage of registered/operable recreational vehicles ("RV"), watercraft, trailers, all terrain vehicles (ATV), motorcycles and motor vehicles. PROFFER 3: When the Property is developed, the exterior of the buildings designated as "TYPE A BUILDING" on the Concept Plan shall be substantially similar in architectural features, building materials and appearance to the elevations shown on the exhibit entitled, "TYPE A BUILDING PLAN/ELEVATION FOR LONDON BRIGE RV/BOAT STORAGE," dated 01/27/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Office Storage Elevations"). PROFFER 4: When the Property is developed, all freestanding signs shall be no greater than eight (8) feet in height and shall be substantially similar in architectural design, appearance, and building materials as depicted on the Concept Plan. All identification signs of occupants facing London Bridge Road shall limit their identification signage to lettering on the awnings of their units. Additional signage for such units may be placed on the northern side of such units. PROFFER 5: The buildings built on the Property will not exceed thirty-five feet (35') in height. PROFFER 6: The following uses will not be permitted on the Property: a. Airports, heliports, and helistops; b. Bingo halls; c. Borrow pits; d. Car wash facilities; e. Childcare and childcare education centers; f. Eating and drinking establishments; g. Firewood preparation facility; h. Hotels and motels; i. Mobile home sales; j. Personal watercraft rentals; k. Public schools, colleges and universities and private schools, colleges and universities; I. Public utility transformer stations and major transmission lines and towers; m. Radio or television transmission, cellular telephone antenna and relay stations; n. Satellite wagering facility; o. Vocational, technical, industrial and trade schools; p. Solid waste management facilities; q. Wholesale and retail establishments dealing primarily in bulk materials delivered by ship or by ship and railroad or ship and railroad and truck in combination; r. Storage or processing of salvage, scrap or junk; s. Facilities for construction, maintenance and repair of vessels; or t. Heavy equipment sales and service. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and ensure its compatibility with the surrounding area. The City Attorney's Office has reviewed the proffer agreement dated August January 30, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. -'?",,:-""->>, "', """" AERIAL OF SITE LOCAl'ION',._'7/- DELAWARE CORP. AgEmda Ite' 5 .P, "7 "€ I I , i I CD CO (\1' s.. .8 (/) ~. o _CO 0' . '.j> !. IUS ~ -o!!~ .~ '~"l ..!! i "': a::'ii..l: GI l.Ii. ~ ::l :: ~;;~ .. "l i:ZIl>'; ~ -. ~~ ~..~~~ BQ) ~ 'i':!. 1 .: i!~ilil 8 .lIlCO .f" _;;0 ~'Dli' .. "\11i c :~ ."-' . cz:.......; _ - K ~ -~ Ot. c: "..-..1 '. '..1 ii. . .... ..... '. .l a s. ".~.'.'. . ~ -0 ... <:;1:"'< :/-0 iCi.~ rt: ~idldjlil liliII ~ CO "0 =0 . . . si 'C.!!c .5 ,.. g <~i ~AI ~ i 18} ~ ! IIi ! ge,El~ 41 ..c! -:::.,~ff\,o ---!!.. ~!~id. ::.. .... 'os: !--O.. ;!,$"O ~O~'fi d~A! w:!$! .'~'~~' ~.. ~.~.. '" ]~ 'i: ~ .." "0 III ;0 'II 'II .. .. <Ii a .....~..."l:GI ..~.. ~ "'!....1 6 'i'~.1 1 H.B-....i . ""en 1:0 Co S .. - "i "';; orl it!" at: C:1ll .. 'iN;)' r2l'll~...."" ' r2i'll~ /. ~ .~...iii'i.o1:! GI 0- 1 Nl . Ii I.. ,~. .';; ~..~. ... I ~E"l:l!a~l!l.. g - ''70..5. ~z~,-o _' <- ~_I-- .r' '< -~ tot :;- .>!5&~:F-:~l 63 ~;iI5III i~m~t!l iiHIU;! !~:~.~!.. ~ : ;::1 JJII :! :=:;& j -a 'i'.~,l" i l''II~~ . tl lil": at} Me -",a I. .. llI>. 'U .. ~'';'i'" '" 'U\"::a~ ... ia ';'~ ~i ~ ~. ~.. ~..' I.ll.. ~!>'.'..ll. ?: '. ::: ..~ ~ s!! -S;:1II ..' ~...;I' .:; ... I.;' .~i"">"- .~. ;~=. <. ~i is. ....... .'1:1.., rA -it llIf"'lCl g \/.1 :. 11 g .t:.........l""..........t.>.~.. .-.:1. i ~ ~~. <Ill.... .' ,-: . . ~ 0.' ~ "'" .... i .. . .~..........~..'..:.I...~......;..'.....:.... g ~ ' - Ial i I. ".. ..,1 ,1 I l', I I!{ I , , 4- Jl.1/ I /V j /1/ "- ! ,I "- .,"- --1r. ii 1 ~ i i h'i;~ I, ~---_"\_, PROPOSED SltE;~ptAN'":.e,;~~~;... ~,~~.,. . ""-" " '/ :};d<~:::,~:" DELAWARE CORP. Agenda Ite'ml.5 , . PageS '~""',", ..:.:---:'.'..'.,....:".,,:'7'0,:;.:.:..;.;.:-, ~ - z = w ! e tI'J Q tIJ...... ~ - W ..J Z "" O ::>> 4: I- W &t: ~ ~ s (.) &t: tIJ W e !i ~ ~ i ::i ~ ~ (.) :i It: -' ~ ~ ~ (.) (.) i5: a: a: ~ ~ ~. f/) W Q. ~ I- - Z :l W C) .~ o l- f/) ..J <t (.) - Q. ~ TYPICAL STORAGE B~l~~It.J:G" _. ':, ','''',.;:_'-,' -',..-'/" /i .__ ">, ;,.'>/-;> ,~:'''' ,', --',~.<- ' ". --, ''/~.:.. "~{ .__"f"\ .:... .,",.,."_ ,.,,~' ':::' ,',~ ... '>""",:-,,:, -'::"'" :',:',,:::" ,<",.', , DELAWARE CORP. Agenda ItelJi# 5 ... l~ag~9 .'. '::.---' "'^" ~ "'U ~9 S~ 5;~ 10 , J ~^^~ I=a <z ~.~ ~S "'110 <(; W' Q..O ~<( .00 ZClt -w 00 dO ;:)- =~ Ll. OZ, zO 00 _Z ~9 ~O u:l~ ,...U Z~ o Fe PROPOSED OFFICE WAREHOUSE ELEVATION FACING LONDON BRlpg~,~~ TYPE A BUILDmG,^<.:7c. .~:,:"..~_., .,'-':, .:, ". .: '.: - <"."~ ",' -, ". DELAWARE C Agehdalte p~ ".,,~ "..:,." .;. i:c .tf~ ",... cO ~~ "'t ~~ '" o g o ~ '" 8 ;! x ;! PROPOSED REAR ELEVATION OF TYPE A BUIL~J~;~",'~r~':li',;::;::,"" -' ~:,' ~;', DELAWARE C Agel1daUe ~....~; o -l d: L1.(J o~ Zo c j:t ~.~ -l...l wo ~.o:: ;S~ ~o u, PROPOSED CLIMATE CONTROLLED BUILOlNG ^ ~'-'< ' ~:'!~'>:::"" ;; ..o.......'~' ,,".,-~_.,__/~~~,,;,,~ c ;. "''''''/''''_ .....' d_.. DELAWARE CORP. . 'y Agenda Iter)l'# 5 .PageJ? . ---.t ,..~ 4J BR, I "I JiJ!iJjiiiill "'I .,. . ~~'2~ 'l " iilllliIllll'!II! '-_......n!."" " , " tr:) EN GtI . PROPOSED SIGN ELEVATION .-<,.,...... - .- - ',.' ,.,'"", , DELA~ARE CORP. Agenda Item#5 .Pag~J3 Map J-10 Mop Not to Scole Delaware Corp. R-20 AC-I AC-I R-20 1 02/22/05 CHANGE OF ZONING (AG-1 , AG-2 & Granted R-20 to Conditional 1-1 ) CONDITIONAL USE PERMIT (bulk Granted storage) 2 11/25/03 STREET CLOSURE Granted 09/14/93 STREET CLOSURE Granted 3 09/14/93 CONDITIONAL USE PERMIT (horse Granted race track) 4 03/26/96 MODIFICATION TO THE LAND USE Granted PLAN CHANGE OF ZONING (R-20 to PD-H2 Granted with R-10) ZONING HISTQR~:~(~<;'3j~.~;;~+. ;".:;:,~v.;. ", _<<.:>v/ ,''"~::. -.^ " , _', 'r,'; ,..c,,,,"'_'.-' '", -' .' . DELAWARE CORP:~ , Agenda .Itenl';# 5 . f)age,.J 4 '" ',-." "',,<,). '; " i,,^-. ," '":~,:,.: '";.., . . . n I . , ,I- iZ [w !:::::E w , I- ~ I(/) 'w 10:: :::::> oo o -l ,() I(/) (5 L- ~ :wl , :::::E1 ~I ~I oo w I~ Ig , lei j Ui tie ~.3 (/)'" f:S_ ..c'~m j~~ ~o-g '" (/) '" .~ ffiui '" "0 '" CfJ>..2 Q) e ~ .:g 0. 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'" 4> e: ~ 0; ::> 'E ..c '" ~ If> .. '" c: c .;;; :c :::J II! ..c '" 'C " .'!l -r:: 1Il ,!!! a. E"" c: ",e:; ,2 C5"~ ~ ~ '" 0 2:'<.> Q. 1Il Q) (; ,- '" 'C_ " "c; ::: '" .g .U) I-. ,~ 0 -", ~ C "1Il !.~ '" 0 ~~ ~'" ~.!::l "'.;.; ~ c: ~a 0'" cog ~~ .. .s:: a. _a. Q)"o .. "'''' a. '" 15 =(1) e~ oS ~= a.o ! '" 0. .8 ",.s:: ,s 8 .e ",,," .l! Ill~ .. .50.- C '" l "'- .. lfl- ~c: Q. ",.s:: <1>'" x '" .J:>1Il J: ~ c C .>::Q) II> lN~ 1ij~ " ".s:: .. -'" ~o .. 0:_ "'- '" !"Oa ~e Uo ~ N 0 .. @~] a ftiD . '~~~~/--- .- ",c.o: DISCLOSURE STATEMENt.. < \.. '-y,'-<; ....,t 'N.:~''':~_::~\;;:_'' DELAWARE CORP. Agenda Itenf4#:5 'paQ.t!J 5 Item #5 Delaware Corporation Change of Zoning District Classification North side of London Bridge Road District 6 Beach April 12,2006 CONSENT Barry Knight: Moving forward. For consent status is agenda Item #5, Delaware Corporation. An Ordinance upon Application of Delaware Corporation for a Change of Zoning District Classification from R-20 Residential District to Conditional 1-2 Heavy Industrial District on property located on the north side of London Bridge Road, approximately 175 feet east of Harpers Road, District 6, Beach. Do we have a representative? That is with seven proffers. Welcome sir. Please state your name for the record. Oscar Barber: Mr. Chairman and members of the Board, my name is Oscar Barber from Delaware Corporation. I'm the developer on this project. I find that the staff has been extremely helpful and we have redesigned it several times. I would like to have it put on the agenda for consent. I'm agreeable to all the proffers and I'm familiar with them. Barry Knight: Thank you Mr. Barber. Is anyone present today that objects to putting agenda Item #5 on the consent agenda? R.J. Nutter: For the record, my name is R.J. Nutter. I'm an attorney. I represent the owners of the property immediately to the west of this site, to the north and west of this site. They have no objection to this item remaining on the consent agenda with one condition. This was one that was raised in the early morning session. Frankly, my client has had directly communication with the applicant on this same issue. It has to do with the fact that the use of the private roadway just on the northern border of the portion of the site next to Harpers Road. We have consented to the use that roadway during construction of this project but we object to the use of that as a permanent roadway, and would require a lO-foot landscape buffer along that portion from our property to their property. We understand that the applicant has agreed to these conditions. We understand this would have to amended between now and Council. We have no objection to that but by the same token we wanted it on the record that would be the position of that property owner. Barry Knight: Thank you Mr. Nutter. It would be so noted. R.J. Nutter: Yes sir. Item #5 Delaware Corporation Page 2 Barry Knight: So, we will keep that on the consent agenda status with those comments will be entered into the verbatim. On agenda Item #5, Delaware Corporation, Mr. Ripley would you explain why we put this on consent agenda status? Ronald Ripley: Yes sir. This application, as the applicant has indicated has been through a lot of scrutiny. Basically, it is an area that is really probably the only use. It has air impact issues with Oceana. This is being designed and it's a rather large facility that is being composed in here. It is just under, 600,000 square feet of office and mostly warehouse facilities. It is the type of warehouse facilities and most of it is a warehouse facility that may fill a pretty interesting need for the City, places to store your boats, and recreational vehicles, which does not exist today in the City. So, it is an opportunity. We have a lot of zoning violations of people storing their R V's and boats and things allover the City that get from time to time become issues with neighborhoods. This is an opportunity to help relieve some of those issues. As we become more urban, we need places to store things. This is kind of a unique project. But it is a large project. It's about 46,000 square feet of heavy store. It is about 339,000 square feet ofRV recreational vehicle storage. It is about 36,000 square feet of climate control storage. And then along the front of the property there are four office warehouses that total about 169,000 square feet. I imagine the absorption of this will take a few years to absorb. It is a compatible use for the area and we felt that it ought to be on consent. There was a comment and I made the comment in the informal hearing that we're going to be looking at proffered changes between now and Council. We would like the applicant to take a look at his elevations along London Bridge Road. Although I think he has made an effort here, and it is a good effort to apply materials that are brick and split face block, and metal roofing, and landscaping between the London Bridge and the face of the buildings. They seem to be some monotonous in character. It is a long run of it. We're asking him to take a look at that with staff, and look at some other ways to work with that elevation, not materially make it a financial hardship on anybody. Something that would maybe break it up and make it a little more visual pleasing. So it was placed on consent because we felt that it was very compatible, and that is the Commission's desire. Barry Knight: Thank you Mr. Ripley. Mr. Barber, I think you heard Mr. Ripley's comments and hopefully you will work with staff to make some upgrades on the elevation. We will be fine with that. Thank you. Do I hear a motion? Ms. Katsias to approve by Kathy Katsias. Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. Any discussion. Call for the question. AYE 8 NAY 0 ABSO ABSENT 3 ANDERSON BERNAS ABSENT AYE Item #5 Delaware Corporation Page 3 CRABTREE HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT Ed Weeden: By a vote of 8-0, the Board has approved Item #5 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6440 DATE: May 10, 2006 TO: Leslie L. Lille:~\~ 8. Kay Wils~ DEPT: City Attorney DEPT: City Attorney FROM: RE: Conditional Zoning Application; Deleware Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 23, 2006. I have reviewed the subject proffer agreement, dated January 30, 2006, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure .. cc: Kathleen Hassen DELAWARE CORPORATION, a Virginia corporation THE TAYLOR GROUP, L.L.L.P., a Virginia limited liability limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of January, 2006, by and between DELAWARE CORPORATION, a Virginia corporation, Grantor, party of the first part; THE TAYLOR GROUP, L.L.L.P., a Virginia limited liability limited partnership, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of certain property located in the Beach District of the City of Virginia Beach, containing approximately 43.3 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beaeh, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-20 Residential District to Conditional 1-2 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2405-42-2428 Prepared by: Williams Mullen 222 Central Park Avenue Virginia Beach, VA 23462 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions goveming the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or auid oro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF LONDON BRIDGE RV /BOAT STORAGE, London Bridge Road, Virginia Beach, VA," dated 01/27/06, prepared by MSA, P.C., which has been exhibited to the Virginia 2 Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 2. The area of this parcel depicted as "Bulk Storage" on the Concept Plan shall only be utilized for storage of registered/operable recreation vehicles ("RV"), watercraft, trailers, all terrain vehicles (ATV), motorcycles and motor vehicles. 3. When the Property is developed, the exterior of the buildings designated "TYPE A BUILDING" on the Concept Plan shall be substantially similar in architectural features, building materials and appearance to the elevations shown on the exhibit entitled, "TYPE A BUILDING PLAN/ELEVATION FOR LONDON BRIDGE RV /BOAT STORAGE", dated 01/27/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Office Storage Elevations"). 4. When the Property is developed, all freestanding signs shall be no greater than eight feet (8') in height and shall be substantially similar in architectural design, appearance, and building materials as depicted on the Concept Plan. All identification signs of occupants facing London Bridge Road shall limit their identification sign age to lettering on the awnings of their units. Additional signage for such units may be placed on the northem side of such units. 5. The buildings built on the Property will not exceed thirty-five feet (35') in height. 6. The following land uses shall not be permitted on the Property unless approved by subsequent Modification of these Proffered Covenants, Restrictions and Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance: a. Airports, heliports, and helistops; b. Bingo halls; c. Borrow pits; d. Car wash facilities; e. Childcare and child care education centers; f. Eating and drinking establishments; g. Firewood preparation facility; h. Hotels and motels; 1. Mobile home sales; 3 J. Personal watercraft rentals; k. Public schools, colleges and universities and private schools, colleges and universities; 1. Public utility transformer stations and major transmission lines and towers; m. Radio or television transmission, cellular telephone antenna and relay stations; n. Satellite wagering facility; o. Vocational, technical, industrial and trade schools; p. Solid waste management facilities; q. Wholesale and retail establishments dealing primarily in bulk materials delivered by ship or by ship and railroad or ship and railroad and truck in combination; r. Storage or processing of salvage, scrap or junk; s. Facilities for construction, maintenance and repair of vessels; or t. Heavy equipment sales and service. 7. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-20 and 1-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in 4 writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: ( 1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the goveming body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Delaware Corporation, a Virginia corporation BP~ Il1- /J~I - - Oscar M. Barber, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31 st day of January, 2006, by Oscar M. Barber, President of Delaware Corporation, a Virginia corporation, Grantor. ~~ r,: Q a... ~ ~ -fY\ f7tT7-R- - . - Notary%blic "- My Commission Expires: A....:=;Y-.:>t 81, zee6 ~1)3" 1 0'8 6 WITNESS the following signatures and seals: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: By: By: By: Grantors: The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership By: LTC Mana~c....uent, Inc., a Virginia corporation, General Partner "1 I - ::; S_ 1- (SEAL) -lfH~ma~ E. Sny~r, Authorized Signatory in the place and stead of Linda T. Chappell, President ""l . 5 S -L _ (SEAL) 'thb~as E Snyde~ Authorized Signatory in the place and stead of ,Linda T. Chappell, General Partner L 5 ~..L ,(SEAL) -:::bbmas E. Sn~er,. Authorized Signatory in the place and stead of Barbara T. Creech, General Partner The foregoing instrument was acknowledged before me this ~ day of ~. c..L- , 2006, by Thomas E. Snyder, Authorized Signatory in the place and ste~ of Linda T. Chappell, President of LTC Management, Inc., a VirgirJa corporation, General Partner of The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership, Grantor. ~ ~ ~ ~CL -(V\~ Notary Mlie' "---' My Commission Expires: l"J f 3 0 I V ~ 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of -fv\~, 2006, by Thomas E. Snyder, Authorized Signatory in the place and stea'<t- of Linda T. Chappell, General Partner of The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership, Grantor. ~ Lo : ~a.J f C4.-:.fL 'D\. ~ 0 - --,. - ' Notary 1!>ublic - My Commission Expires: J I) 3DJ ()~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of '-0\~, 2006, by Thomas E. Snyder, Authorized Signatory in the place and steM of Barbara T. Creech, General Partner of The Taylor Group, L.L.L.P., a Virginia limited liability limited partnership, Grantor. ~~~~-rY\~() NotaryLPublic '----- My Commission Expires: U' 3 [:; f i)1? 8 EXHIBIT <<A" ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel B-1- A, containing approximately 43.278:1: acres, as shown on that certain plat entitled "SUBDMSION OF PROPERTY OF THE TAYLOR GROUP, T ,T J ,p PARCEL B-1 INSTRUMENT # 200504280063311 JUNE 1, 2005 VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200601110006249. 2405-42-2428 1098362vl 9 / ~ ,# #'0 1"- ( \~~~:" ,'" -/1/ .........-..,.... '\ '" CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Lawson Hall Associates, L.L.C. - Change of Zoning District Classification, 5525 Lawson Hall Road (DISTRICT 4 - BA YSIDE). MEETING DATE: May 23, 2006 . Background: An Ordinance upon Application of Lawson Hall Associates, L.L.C. for a Chanae of Zonina District Classification from R-10 Residential District to Conditional A-12 Apartment District with a PD-H2 Overlay on property located at 5525 Lawson Hall Road (GPIN 1468372672). DISTRICT 4 - BAYSIDE . Considerations: The applicant proposes to rezone the existing property from R-10 Residential to Conditional A-12 Apartment with a PD-H2 (Planned Development) District Overlay and to develop the site with 65 multi-family units available to adults only, 55-years of age and older. The submitted site development plan depicts 65 three-story units in a mixed duplex, four-plex and townhouse style arrangement. The proposed buildings are positioned so the fronts look upon wooded, landscaped or open space with the parking situated between the buildings. The applicant has taken care to position the proposed homes so as many of the mature trees and vegetation on the site as possible are saved. The existing wooded and vegetative areas around the perimeter of the site will be protected and retained. Additional plantings will be added where necessary. The applicant will retain and renovate the existing homestead, Lawson Hall, and the existing greenhouse and formal gardens as an amenity on the site. The home is to be used by the homeowners as their community center and offices. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Comprehensive Plan designates this site as being within the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The proposed 65-unit condominium development in this portion of the Bayside area, comprising an adult community of persons 55 years old and older, lessens some of the unmet senior housing demand for a steadily increasing segment of the City's residents. Even though the proposed density is twice that found in the surrounding single-family community, its impact lessened through the proffered development restrictions to ensure that this project is a Lawson Hall Associates, L.L.C. Page 2 of 2 quality development addressing a specific need in the City for housing for residents over 55. There was opposition to the application. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager:r ~.d-sO"/>t. LAWSON HALL ASSOCIATES, L.L.C. Agenda Item # 4 April 12, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Chanae of Zonina District Classification from R-10 Residential District to Conditional A-12 Apartment District with a PD-H2 (Planned Development) District. Meo ~~ t<i-~eole ADDRESS I DESCRIPTION: Property located 5525 Lawson Hall Road GPIN: 14683726720000 COUNCIL ELECTION DISTRICT: 4 - SA YSIDE SITE SIZE: 7.23 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing R-10 property to Conditional A-12 Apartment with a PD-H2 (Planned Development) District Overlay and develop the site with 65 multi-family units available to adults only, 55- years of age and older. The submitted site development plan depicts 65 units in a mixture of duplex, four- plex and townhouse style arrangement. The proposed buildings are positioned so the fronts look upon wooded, landscaped or open space with the parking situated between the buildings. The applicant has taken care to position the proposed homes so he may save as many of the mature trees and vegetation on the site as possible. The existing wooded and vegetative areas around the perimeter of the site will be protected and retained. Additional plantings will be added where necessary. The proposed dwellings will be three stories in height. The architectural design is transitional. Architectural details include arched pediments over the entries, covered second floor porches and colonial style windows. Building materials consist of red brick, simulated cedar shakes in tan, taupe, gray and gray-green. The gables will have diamond, scalloped and fish scale simulated shake in similar colors. The trim will be white. The roof will consist of asphalt shingles in charcoal, pewter, slate, brown or gray- green. The applicant proposes the retention and renovation of the existing homestead, Lawson Hall, and the existing greenhouse and formal gardens as an amenity on the site. The home is to be used by the homeowners as their community center and offices. --",-.-, LAND USE AND ZONING INFORMATION EXISTING lAND USE: A single-family dwelling and several accessory structures occupy the site. SURROUNDING lAND USE AND ZONING: North: . Lawson Hall Road . Single-family residential / R-10 Residential South: . Merner Lane . Single-family residential / R-1 0 Residential East: . Diamond Springs Road . Single-family residential / R-40 Residential West: . Merner Lane and Lawson Hall Road . Single-family residential / R-1 0 Residential NATURAL RESOURCE AND CULTURAL FEATURES: Mature landscaping and large trees enclose the site providing a forested 'oasis' in the developed Bayside area. Currently, the site is occupied by Lawson Hall, a home which was constructed in 1914. Several outbuildings from the previous farming era also occupy the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTP)! CAPITAL IMPROVEMENT PROGRAM ICIP): Diamond Springs Road in front of this request is a four-lane divided minor suburban arterial roadway. The Master Transportation Plan proposes a 150-foot divided roadway with a bikeway. Lawson Hall Road and Merner Lane are both local residential streets. There are no plans in the current Capital Improvement Program to upgrade any of these roadways. , TRAFFIC: ' Street Name Present Present Capacity Volume Diamond Springs 20,684 ADT' 28,200 ADT ' Road Generated Traffic Existing Land Use"- 224 ADT Proposed Land Use 3 - 282 ADT I , Average Daily Trips 2 as defined by the existing R-10 Residential zoning 3 as defined by the proposed A-12 Apartment zoning WATER: This site must connect to City water. The site has an existing 1-inch water meter, which may be used or upgraded for the project. There is an 8-inch water main in Lawson Hall Road, and a 6-inch water main in Merner Lane. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #327 and the sanitary sewer collection system (on Lawson Hall Road), and Pump Station #336 (on Merner Lane) is required to ensure future flows can be accommodated. SCHOOLS: School population will not be affected by the project. The Comprehensive Plan designates this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. COMPREHENSIVE PLAN Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed 65-unit condominium development in this portion of the Bayside area, comprising an adult community of persons 55 years old and older, lessens some of the unmet senior housing demand for a steadily increasing segment of the City's residents. Even though the proposed density is twice that found in the surrounding single-family community, its impact lessened through the proffered development restrictions to ensure that this project is a quality development addressing a specific unmet housing need in the City. The proffered development restrictions ensuring compliance with the Plan's policies for this area include the following: functional site and building design, configuration and arrangement; use of a variety of quality building materials; provision of attractive and functional site amenities designed as focal points, including the project's entrance and the highly visible project boundaries; retention of existing tree groves and natural drainage ditches; the skillful use of and integration of existing and proposed landscaping, open space and green space throughout; retention and reuse of the existing house and gardens; and the establishment of a condominium association to oversee the operation and maintenance of all community common areas. These measures provide a reasonable degree of assurance that this project's outcome will become a welcomed housing addition in this area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The '; ..,,> . :'-:.':.-:"::' LAWSON HALL Agenda Item # 4 ',P8 e3 . . g... applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan lA' LAWSON HALL", dated June 9,2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct a right-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. PROFFER 3: When the Property is developed, there will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Grantor shall record a Declaration of Restrictions ("Deed Restriction") as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a Condominium Association, which will be responsible for maintaining the Property and enforcing the provisions the Condominium Declaration governing the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty- five (55) years of age. The Deed Restriction shall also prohibit persons under twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. PROFFER 5: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Fencing Plan"). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District ("Preservation District"). PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The proffers insure the site and building will be developed in a coordinated manner with regards to site layout, building design, on-site traffic circulation and landscaping. The City Attorney's Office has reviewed the proffer agreement dated October 31, 2005, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. :'>"/,':, -.'..,:.-:.-,...., . LAWSON I-fALL Agenda .ltelJl'# 4 ..Page 5 'A' :',::..<. c. ::":'" , "':'" "".__ . "'~'~'''_'' . AERIAL OF SITE L~iFrebl::~\'", .,..,,}',":,';~:::~::~;>~ .'.:-;:::,L:;'<:;:'~~;-':~';' " >~. :i<,' "S r .>:.r",<; li.AWSON HALL~~_ ' Agenda Item #: 4 ,. '.' P.g~6 ~:,':<' ',_ '0" ,\.... ' i} '1 ~~ .\;-~ ita 53 .:-:i: ~c ~~ ......<\ ~ il: ~ ~~ '~\'\ ~ ~~n\ ,1i<; ~ ~l<".'liii1 I ,.~" ,! /' i~,,%:, r-':u" ~ 's'l: ~~ ~:i ; : ::~:il ~~>~ ~~~I' ":~'-! \ \ \ ~- , c~ )' 1" ~.... ~ ~ ~, .~ j..'..R_" j/ 1"'\1 ~ ~"I ': I, / ~'"' !~~ !l~i~ 1:-.~. ~ ~~.., 'tj ~f t.~< !:;'~~'a '{~~ ~, l! 1 1 !~i} ~I * ~ ~ ~"~:'; ill \~ "~Ul~n Q ~il,,~. ,~A" ~!~f ~i!~;z' .~<ii" ~1~i~ ~~ ~c~~if"~ ~ .1 ~~I~i H h:t, ~" ci:i~i l{'i!': . I , ~ ~ i ~' eJ i H B3kH '..\ z ~ ~.-4- ~ ..~~ ~~,i:~~ ~\j 'S- t'''" - . IY' ~ g t~'i.>s ~~l '~.. ~~~Jl:~ll li~!~;~:! ~~J;~ ~.!;;. " ~~Stili!-' '.~~~~~~ ; $ ,k,.1t :1:.1 ~ Qi '. ~. jjj. F -. " ?;~ ~~H~~J~, E~"" ~-' ~' "H\!~~'a1; - to; I.;:='!~:r~~t ~ , . ~ ,! ~ ~,- ~ fh3k'?~ ~ .riH~%h~ ~~",.,>, ~. ~~"~~~;9.'$ It: -) -. ...<l;~ ",!'"<O;; f' ~ l ~ ~: ] j ~ 5~ ~i~-;1 :jP i~~H~ i~~ !~i~\ 3 ~i~~ ;hli PROPOSED SITE PLAN LAWSON HALL Agenda Item # 4 Page 7 I I . ;;iil.11U\ i' ~ :f:l!'t i'~ i '" '.' ~ -~. ~ ~di'l) ~. . ".'<:!.." t5 ~ g ~__"L ~ ~,: ~ ~:.' : $'~ i ( I ~~ ~ i: I~H ~ ~ 1 jl ~I PROPOSED BUILDING ELEV ATIQ~~lr;'B'i2:-;,,< '-"~',i>"~-'_:,:",,", ' . :;""':3;":\,"_:._ ;;' ''':~':)' '''j L.AWSON Agelldalte /".-'\/ "'~~ . ,:<- ENTRANCE FEATURES AND FENCE DETAIL FOR LAWSON HALL Date: October 31, 2005 , ,".....; '.,.-'-...,-.\.y--" LAWSON HALL . Agendalterp # 4 . PElg~.9 LAWSON HALL EXISTING PROPERTY AMENITIES TO REMAIN Community Center - Exterior Community Center - Interior Community Center - Garden and Greenhouse PAGE 1 LAWSON HALL EXISTING PROPERTY AMENITIES TO REMAIN (continued) Community Center - 300 year-old Boxwoods Community Center- Cedar wind-breaker Community Center - Champion Trees PAGE 2 There is no significant zoning history to report regarding the site and surrounding area. The adjacent neighborhoods remain stable residential areas. ZONING ~ z w :2 'w ~ ;:; f/) w ,0::; :::> f/) o ....l o f/) o L it 'O"E C) :~ Q.- ",,-,, !~"'i .cJ::0l ~ .~.!E "'-"" ~:;:; ~li;.;- ~~.~ 4lf?c: ~;- ii C1)K= ~ w_ 0= g'ii~ C1)~,." ~ 041 e III a li;=.. 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E I/> C1)",I;:COt!lu Q~~'i;! ~(t).J2.s~ ;w '~~ :g ~~ i~i~'i'5 ooc.G>~!!1 ~eg2~~ a: a '! ~'; .. If ~g,8 E~ 0....<;;" .Gle; o:'-gcc.,Q ll..C ,g~<s 5:~iQ (:.:: C () fIi ,g~"~<G g~~41€ 0"0 ~lI:l ,~ ~ ~ Q. ': ~C)!:CD<n !! 2" &.6 ~ -S!c.-s-'" 9-.tJ) '.~2 5=~~- o~:;"...- '};. 'E Gl .. If> Gl c: 0; :;I ..Q j .!!! e- lI:l~ o~ - 4> ~g .- <; :2:t;, .,8- ~.!'l '!'- cii 4l!!1 !5. tll~ ~iii GIg = Q. _c. GlGl 54> :l= ..= tIf'):!::' Gl~ .s Q. "'- ,,= .c~ 15,~ -'" .. - .- Gl ...J- N fA '" <I) c .;; " ..Q !" Q. :E l!! ~ '" c. .: Q e ~ 8 '" I- o :e", ..0 .:~ l!!-E ~... ~5 8.i e1i "'0 II>E- e8 .- C !c .!: u:S <1>0 .c:~ 100 10 ~ .5 II ~ t ~ c: i I ll' ~ ~N~ o:_~ 'JlIa iii uc.fZ: ! ~ ... DISCLOSURE ST A1:S~.ENJt;~", ",.,.", ,.",.-' " >.:.:::':'::,.:: ~'" .:'" . " ' LAWSON HALL. Agenda IternAI4 ,Pa~13 -.,.,' " Item #4 Lawson Hall Associates, L.L.c. Change of Zoning District Classification 5525 Lawson Hall Road District 4 Bayside April 12, 2006 REGULAR Barry Knight: Next, we will hear our regular items. Mr. Secretary, would you call the first item please? Joseph Strange: Sure. The first item is Item #4 Lawson Hall Associates, L.L.c. An Ordinance upon Application of Lawson Hall Associates, L.L.C. for a Change of Zoning District Classification from R-lO Residential District to Conditional A-12 Apartment District with a PD-H2 Overlay on property located at 5525 Lawson Hall Road, District 4, Bayside. Barry Knight: Thank you. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Again, for the record, my name is Eddie Bourdon, a Virginia Beach attorney. It is truly a privilege to come before this Commission this afternoon on this particular application for Lawson Hall Associates. My client is here. This is an application to change zoning, which is currently straight R-lO on this piece of property to Conditional A-12 with a PD-H2 Planned Development which is a 7.23 acre parcel on the west side of Diamond Springs Road. It is a truly a unique parcel of property in our city. The property is bound on the north side by Lawson Hall Road, and is bounded by on the west and south side by Merner Lane. It is bounded on the east side by Diamond Springs Road. The property is the remnant of an original land grant from the King of England to Thomas Lawson, who came to Virginia from England in 1609. Some of us have been around a long time, but no has been around that long. The original manor house was constructed on this site in 1688. That home was destroyed by fire a century ago, and the Hodgeman Family purchased that land and property from the Lawson Family after the fire. They constructed another home on the original foundation 100 years ago. So the existing house is only a century old. It is not a replica of the original. It is not a reproduction of the original. There are on this property. I know you have all been to the property, formal English gardens, which are reported by historians to be the first formal English garden ever in the Commonwealth of Virginia. The Box Woods, Oaks, Magnolias, and Beech trees are truly magnificent trees. I'm certainly not a tree lover, but I can tell you there are some beautiful trees out there. The gardens have been meticulously maintained by the Hodgeman Family for the past 100 years, and obviously for the Lawson Family going back to the original land grant from the King of England. They are the ones who put the trees there and the gardens there. Mr. Gallagher purchased this land from the Hodgeman Family. He did so with the intent to develop it, Item #4 Lawson Hall Associates, L.L.c. Page 2 and with the desire to preserve the former gardens, the house itself, and as many of the trees that could be preserved. With the current zoning however, with all that street frontage this property has, the property could today be developed by right, without even putting a road in, into 26 single family homes with basically no development cost. In addition to retaining a land planner and an architect, Mr. Gallagher immediately retained Mr. Tim Nuckels, a notable local arborist to evaluate the trees and work with the development team that he compiled, putting in Mr. Scott Ayers on putting together a project that would preserve and protect as many of these significant, in fact a majority of these trees that are on this site, and the mature vegetation that is on the site. The preservation effort is reflected on the proffered plans, which have taken many, many months to develop. The plan identifies 24 mature specimen trees to be protected and preserved within the interior of the site. This is in addition to the countless number of trees and other vegetation, thick heavy vegetation along the site's perimeter along Merner Lane and Lawson Hall, which will all be preserved. And it will be augmented in many areas as is shown on the plan. As proffered, the Lawson Hall community will be an "adults only" community with each unit occupied by an adult over the age of 55. There is a significant demand, an unmet demand for this type of housing in this particular area of our community. We believe this is the perfect location and setting for just type of community. We've laid out 65 units in 18 buildings with a residential density of nine units per acre on the site. We're going to create a walking trail around the entire perimeter of the property, wherein addition to preserving the large stand of trees. I've already indicated that we would be putting down hedges in certain areas and additional tree plantings and others. The community entrance has been proffered. It will be from Lawson Hall Drive, where we have brick gated entrance feature. We've also got black wrought iron style fencing incorporated into the signage and into landscape features at the intersection of Lawson Hall Road and Diamond Springs Road, and also at the corner of Lawson Hall Road and Merner Lane. The elevations we have provided are very attractive units, all with garages, all of the units face inward. If you look the garages are on the sides. You have faced outward what would be the front of the building. Similarly along Lawson Hall. This is the front of the building facing the road. All along here you got nice elevations. The same along Diamond Springs Road with the elevations the front of the buildings face outward. Here you got the front facing the gardens and open space. We've designed this with a great deal of sensitivity to the appearance and to the existing amenities that are on the property today. There will be a Condominium Association, and they will maintain all the common areas as well as the Lawson Hall itself, which will be the community center for this community. It will have offices for the Association. My client is going to spend considerable sums of money. It is in good shape. There's termite damage but it is in good shape. But to refurbish the building there will be a billiard room, card playing and social areas in the house. The house will be well maintained and well utilized by the residents of the community. We will also be putting in a proffer to put in a turn lane, widening Lawson Hall Road at its intersection with Diamond Springs and putting in a turn lane out there. The application is and was on your consent agenda before I've come to understand that there is some opposition here. My clients have spent countless hours meeting with the folks who live in the area. The particular Item #4 Lawson Hall Associates, L.L.c. Page 3 neighborhoods and adjoining property owners, and with the Northwest Partnership Group from who you received a letter, which I personally say is about nice a letter that I have ever seen from a civic organization or group commending this applicant. I too, think it is one of the best jobs I've seen of someone taking a piece of property, and its features and working around those to create a community that I think will be jewel, and certainly a far better scenario than a by-right development on this piece of property. I'll be happy to answer any questions that any of you may have. Barry Knight: Thank you. Are there any questions for Mr. Bourdon? Thank you. Mr. Secretary? Joseph Strange: Yes. Speaking in opposition we have Fannie Rodriguez. Welcome ma'am. Fannie Rodriguez: Welcome. Barry Knight: Please state your name. Fannie Rodriguez: My name is Fannie Rodriguez. This is the first time that I have seen this. I was opposed to it because probably the way the traffic would be at the end of our house. We stay on Memer Lane. We didn't know that the trees and everything was going to be there. So, now that I know what is going to build and everything. Barry Knight: Are you still in opposition? Do you have a specific question that you would like answered? Fannie Rodriquez: No. Why not have single-family homes instead of condominiums in there? When the surrounding area are single-family homes. They are three stories and we only have two story single-family homes. Barry Knight: We have the applicant's representative who was just up here. He will have a chance to answer those questions in a few minutes. Do you have any other opposition or any other questions? Fannie Rodriguez: That's it. Barry Knight: Thank you ma' am. Joseph Strange: Also speaking in opposition we have Caroline Harrison. Barry Knight: Welcome ma' am. Please state your name for the record. Item #4 Lawson Hall Associates, L.L.C. Page 4 Caroline Harrison: First, I'm doing this, and I understand that I have three minutes, so I have a list of stuff that I would like for them to address. I live across the street from the property. I'm just going to go down my laundry list so it is all noted for the record. Barry Knight: Ma' am, there is a laser pointer right there. You can rip if off the Ve1cro and point it to that sitemap over there, and show us where house is if you would? Caroline Harrison: That one. Barry Knight: Okay. Thank you. Caroline Harrison: My first objection is that it is a three-story townhouses/condos. It does not match the neighborhood. The neighborhood is predominately single story. There are some multi-story, however, the majority are single-story homes. When it was first mentioned to us they said that trees would block the view. After having seen the plans, I don't agree with it. We're going to have three-story houses in single-story residential neighborhood. I don't think it is going to fit in well. Second, there is only one entrance for this. Right there. I think that is going to be a significant problem. We already have a significant backup. I understand they are going to put a right-turn lane only. That is not going to solve the problem. Having lived there, right across the street from it. What is it? Eighty-five houses, sixty-five times two, about 130 extra cars per day assuming two cars per family. That is a lot of traffic that I am going to have to live with in front of my house. Third, on the proffer, I don't know if that is yours or their's. I don't understand this. It says they are going to build the right-of-way access onto Diamond Springs, which I already addressed. I don't quite see it in there other than the property as it stands right now and they're going to cut into it. Again, as soon as you get past this adjoining road right here, you can't fit three lanes in there without cutting into more of the actual acreage property that is there. That will be a problem. So again, after you get that turn off this street right here, you are going to have a lot of traffic backed up this way for these extra cars. Another one is that I don't understand, and I know money talks in this world, but 65 houses on that little area. Unless they are going to be 12 maybe, 1,400 square foot, that is a lot houses on that little area. Sewage is at max. capacity already. Barry Knight: Ms. Harrison, take your time. We'll give you a little bit more time. Caroline Harrison: Thank you. I appreciate it. The sewage is already at max. capacity for the surrounding neighborhood without incorporating additional houses that are planned for this area. There is little information that is provided to the local residents. They had, supposedly, a couple of meetings, once a month when we have our community. They showed us these pictures once or twice but they were still talking about it. They also mentioned they would also consider single-family homes as opposed to townhouses. Now all of a sudden it is townhouses/condos. So, it was never discussed. This is what we are doing. What do you think? Whenever the local residents voiced objections to it they Item #4 Lawson Hall Associates, L.L.C. Page 5 did not answer to our satisfaction. They kind of yea, yea, yea, 15 minutes, have a good night and left. We also heard a proposal that these individual are going to be $350,000- $450,000 per individual house, 55 years or older. I think we have an obligation to that generation. That is an expensive piece of property for what little square footage and how they are cramming them in there. In here I read the evaluation of recommendation, evaluation and recommendation - proposed density is twice found in the community. I think that should be a red flag as well. I don't see anything on there for fire hydrants for the additional houses. Again, that goes back to the sewage, it is already at max capacity, and now we're looking at water for the rest of the community. The gated wrought iron fence, I don't understand this plan, where they are actually going to fit the wrought iron fence that I am going to have to actually have to look at. These are not pictures of the property in question. These are taken somewhere with Lawson Hall slapped on it. Going back to the other picture, they expect to put that in front of my house, that I have to look, at as well as a walking path, as well as trying to maintain those beautiful trees that have been here since 1688 plantings. I don't see it happening living across the street fwm it, which is one of the main reasons why I bought my property where it was. Where are they going to pick up the trash? It's a gated community. Is it going to be on the street, roadway in front of my house? Again, interfering with those additional 160 cars. And, again, going back they did not give the local residents a lot of information on this property they were proposing. Having lived there and since the site. I walk my dogs every day, and there was supposed to be a walk around of this property back in OctoberlNovember when I first found out about this. I live across the street and I never heard about it until the night after it happened. So, I don't know how much information and how far along the planning process, this is if there is still time for these to be addressed and brought forward. But I know there are lot of residents in the community that would like some more information given before the go ahead. Barry Knight: Thank you Ms. Harrison. We're going to give the applicant a chance to rebut, but also as you know this isn't the final determination. We will have a vote today but it will go approximately 30 days, and it will be in public notice, and approximately 30 days from now it will be back up before City Council. So, if your questions don't get answered 100 percent you will still the opportunity to go to City Council. Thank you for coming forward. Thank you. Eddie Bourdon: Mr. Chairman, let me begin by saying we'll be more than happy to talk more with the second speaker at length after the meeting, or between now and City Council. But, I can assure you, and my client, and Mr. Harris are both here, and I can assure you that we had numerous meetings. We've even taken surveys ofthe Lawson Hall community. There may have been some miscommunication with this lady, and she may have missed some communication, or we may not have communicated meeting times well with her, but I can assure you that everyone else has been an active participant in this process or almost everyone anyway. There is no access provided from Merner Lane as was indicated earlier. The only access will be from Lawson Hall Road. As an adult only community, the traffic numbers are just with 65 units, slightly and ever so slightly above Item #4 Lawson Hall Associates, L.L.c. Page 6 with what they would be if were developed with single-family homes in accordance with the zoning as they can do by-right. It is just a matter of a handful of additional views because we're not dealing with children. We're not dealing with mall practices, and all the things that go along with single-family homes. We're dealing with adult only community. It is far less traffic. We have more than ample room to provide a right turn lane between Diamond Springs Road and the entrance to the other road that was spoken of, but is actually on the opposite side, which doesn't have any bearing on it. This development is not going to cause traffic to back up on that road. The trash collection all occurs inside versus a residential single-family development where all the trash cans will be out on the curb on Lawson Hall Drive and Merner Lane. Everything takes place inside the property. The price of these homes is in fact $350,000 and up. It will be a senior housing. I didn't suggest that it was affordable senior housing facility. It will be affordable for some, but it is not intended to be. There are other products on the market place in this particular area that will address that need. I'm probably not catching all the questions that were asked. The idea of developing this property as a single-family residential community would wipe out some of the things that the speaker indicated that she bought the property to be able to see, and that is these beautiful trees and landscaping, which we are going to augment in the area especially across from where she is located. That is one of the areas where there are not as many trees. These are existing trees, but these are trees that will be added towards the other area especially if you go to the west and all along Merner Lane. It is far more vegetated. If there are any other questions that were asked that I missed that you want me to address, feel free. Barry Knight: Mr. Ripley. Ronald Ripley: Ms. Harrison spoke of the right turn lane on Lawson. Could you go into that with a little more depth to see if we missed something? I understood that you were going to develop a right turn lane that would help relieve traffic leaving the area? Eddie Bourdon: There is not currently today. All there is a lane going in and a lane going out. That is what is shown here. We are adding a third lane, which would be a right turn lane coming out of the community at the intersection of Diamond Springs and Lawson Hall Road. So if traffic is coming out it would be going north bound they will have a lane. There is no cross traffic. There will be a lane for traffic turning right to go down toward Wesleyan Drive and the commercial areas to the south where that is not there today. And that the provision for the 65 homes, all of which will have one access across Lawson Hall Road as opposed to a series of driveway along Lawson Hall Road. From a traffic standpoint controlled. Again, we're not talking about a huge traffic volume to begin with this type of community, and with that number of homes. There are more homes in the existing neighborhood. Far more. Barry Knight: Any more questions Mr. Ripley? Ronald Ripley: No. Item #4 Lawson Hall Associates, L.L.c. Page 7 Barry Knight: Any other questions from the Commission? Ronald Ripley: I do have a question. If you develop this single-family, I noticed there are some rather large, little, nice rolling swales type, and it adds a little character to the site. How would you have done that? I'm just curious. You would have to cover those up I assume? Eddie Bourdon: Oh yeah. You have to come in and create drainage and all that. You come in basically and wipe the site clean for the most part and just develop lots along the existing roads because you have really very little infrastructure cost because it has all that road frontage already. In order to be able to do what needs to be done with this site in order to make the preservation workable you also have to have a base of support. In other words the number of members in the community have to pay for all the upkeep of these areas. These are beautiful areas. It's not something that wouldn't happen in a single- family residential development. We all know that from our experience. It won't occur that way. Barry Knight: Mr. Bourdon, I know that Mrs. Harrison was questioning availability of fire hydrants in the area. Also tree height, as far as line of sight from certain single- family houses. Eddie Bourdon: The fire hydrants, water and sewer, all of those that need to be upgrades made to the pump station. They all have to be made at the developer's expense. Provision for water. All is done at the expense of the developer. We're not aware of any problems exist in terms of our ability to do that basically developed area. In terms of the tree height, you have been to the site. The trees that are there are very mature. They are very tall trees. As I indicated the only real area and it is, and I understand where Ms. Harrison lives in this area here, there are trees across from her house, but there is a segment here as you move a little bit east towards Diamond Springs where there are not any. There are not a lot of trees there where we will be planting a hedge and trees. Now we will not be putting up and do not intend to put up around the entire site a fence. It will just be a solid hedge and large trees that will grow up over time to be 60-70 feet in height over time, maybe even taller than that. But there is a hedgerow here, but we are not proposing to fence the entire piece of property that is not necessary. We have fencing included in our features at the entrance, at the corner, and down at the comer here, but we're not fencing the entire site. Barry Knight: Thank you. Can you address the wrought iron fence entranceway and sign, where it would go? Eddie Bourdon: Sure. There will be a sign on the feature out here, which includes the wrought iron fence. It is exactly what it has been proffered. We have shown you the style offence, and how the signage will appear. That is in the proffered agreement. We also have a brick sign style on the entrance feature here as well as a brick feature. Again, Item #4 Lawson Hall Associates, L.L.c. Page 8 we accent that with the wrought iron style fence. And down at this end where there will not be any signage we have a wrought iron style fence, and a trail connection out to the road. Barry Knight: Thank you. Are there any other questions for Mr. Bourdon? Mr. Bernas. Jay Bernas: You mentioned earlier based on its existing zoning R-lO, you said they could build 26 single-family? Eddie Bourdon: You could divide the property today with 26 single-family residential lots. Clear the property and do it. That's a right that the property owner has. Barry Knight: Are there any other questions? Thank you Mr. Bourdon. Eddie Bourdon: Thank you very much Mr. Chairman. Barry Knight: Sir. Were you raising your hand for something? Arnold Bray: I'm not sure. - Barry Knight: Come forward please. Did you sign up sir? Col. Arnold Bray: No. I did not. Barry Knight: Come to the microphone. Tell us your name please. Arnold Bray: My name is Col. Arnold Bray. I live at 1296 Hillock Crossing. I did not sign up. I was doing the process. Sorry for being late but I had a hard time finding this place. Barry Knight: Do you have any new information to bring forward? Do you oppose or for it? Col Arnold Bray: Sir, I'm not sure ifI do or not. Ijust listened to the information, and I think there are three points in fact that I think are wrong that I've heard stated. Barry Knight: Okay. Col. Arnold Bray: One was there are 160 cars. You figure, most people have two cars per household, that is about 160 cars that will be going in and out of this area, and in that area there are lot of kids. There used to be a park across the street from it. The second thing I heard the gentleman speak. about the corner of Lawson Hall. There are really two neighbors that are affected by this. One is Wesleyan Chase and Wesleyan Pines on both sides. I never heard about it excepting driving by the signs showing where it was and to Item #4 Lawson Hall Associates, L.L.C. Page 9 the meeting today. I put it on my calendar about a month ago to be here. The last piece is there is a cross street. That road actually crosses over and goes over to another part of Wesleyan Pines across the street. There are turns that come off that street. You can in fact make a left off of that road. Those are the three points that I listened to that are in error. They support what the lady was saying. Barry Knight: Mr. Bray. We appreciate it. We're going to give the representative since we let you come up and address your concerns. But before you leave today, if you wouldn't mind I believe the secretary would like for you to sign a card with your name because you spoke today. Col. Arnold Bray: Okay. Barry Knight: Thank you for coming. Mr. Bourdon. Eddie Bourdon: I'm totally unaware of what the gentleman was speaking of with regard to left turn lanes or left turns. I'm not sure what that was about. All I indicated previously was that we would be adding a right turn lane at the entrance to Lawson Hall Road on Diamond Springs Road. Again, the entrance to this community will be located where you see the red dot right there. We certainly anticipate the vast majority of the traffic that comes out of this and in to this facility, again, adults only. No children will come in and out using Lawson Hall Road. Going to other communities to the west. I'm not really sure I understand what the issue might be, but we're adding a turn lane that isn't currently there today at that intersection going out from Lawson Hall Road on Diamond Springs Road. There are two lanes and we will be adding a third lane. And, the speed limit is 25MPH and we're not dealing with again, teenagers and young children. Its an adults only community. It might be somewhat different where we're talking about a community that would be available to any segment of the population. The traffic generation figures which you have in your report shows that if we develop the property single-family, actually our capsulations would be 260 trips per day. I think staff used a conservative number of single-family homes and came up with 222, but with the 65 restricted units that are shown here, the traffic generation is 282 trips per day, which is again just a slight increase over what they used as the single-family, but what would be the single-family based on the engineering we've done would be 260 trips per day. Again, so you're talking about maybe 20 more trips because of the type of restricted unit we're dealing with, adults only. I think that is a key component that some people might not fully understand or appreciate the differences there. Barry Knight: Thank you. Are there any questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Barry Knight: We're not going to bring anybody back up unless they have brand new Item #4 Lawson Hall Associates, L.L.c. Page 10 information. We fed it out. I'll open it up for discussion among the Commissioners. Is there any discussion? Mr. Strange. Joseph Strange: One of the points that I would like to bring up is the fact is that sometimes when people are looking at a project such as this they don't compare it to the by-right that the applicant has, when you compare the by-right that the applicant has here with this project here, I don't really think this is going to generate any more traffic for that area over there. If it is it is going to be very minimal. And of course to put this quality of project in that area right here is truly not going to decrease the value of the homes. Those are the points that I like to make. Barry Knight: Thank you. Mr. Ripley. Ronald Ripley: When I first became aware of the application, and I was told that it was townhouses, I like Ms. Harrison was curious to see how that fit in to the land use. After seeing the way the applicant has handled the site, it is very unique the way it fits in. That's the conclusion that I got to. When I look at the area, and I've been in this area for a long time, my office is not far from here, for the last 20 something years, we've been on Newtown right where Diamond Springs joins, so I'm familiar with the area, very intimately, if you will. When you look at the land use the patterns and density of land use in the area, the Uptown House is just to the north of this area. We have townhouses down towards the intersection to the back of it. You have condominium development that is occurring, and the Dragas Development that is occurring also off further Wesleyan. It is really a very nice mixed use community. If this was just a straight townhouse where it was just cover up the site, I probably would be in Mrs. Harrison's camp. This site, the way the developer is handling it, is very unique. Particularly pulling the elevations. My first question when I talked with the applicant's representative is what are we going to see when we drive by here? The applicants carefully made sure that the best side of the elevations you would see, if you can see them. They're going to be buffered by different trees, preserving the trees, preserving the interior garden, and the older home, and working within that and fitting it into the community. I think he ought to be commended quite frankly. I've mentioned the typography to the applicant's attorney. If you were to try to develop this single-family, I'm certain you would have to bulldoze It down. You probably would have to back fill all this and relocate those drainage areas, which appear now to be natural that he's going to work with. You would have to replant with small little trees, and it would be not in my lifetime before they would grow back up. I think it fits in very well with the community. I think the fact that it is 55 and older. There is no impact into our school systems. I see traffic. You may certainly have 55 and older range myself, and I certainly work every day and go to work every day. But as people age in place here, you will see a pattern of traffic not leaving at 5 in the morning or 6 or 8 in the morning and coming home at 5 in the afternoon. You will see them leaving throughout the day. It is more balance, and the impact as far as traffic is concerned, is even better than the impact with the single-family. One thing about single-family is that you end up and if you're like my household, I've got two children and they got to have a car. My Item #4 Lawson Hall Associates, L.L.c. Page 11 . wife has got to have a car. I got to have a car. In this environment where you don't have children, probably the max cars your going to see are two. So I think that is going to play in well as far as impacting the neighborhoods. So, I think the staff has done a really good job working with the applicant. I think the applicant has done a really good job working with the staff. You got a quality developer that is going to develop this, and I'm in favor of it. So, when you're ready for a motion, I'll be happy to make one to approve it. Barry Knight: Are there any other comments? Questions? Discussion? I'm ready for a motion. Ronald Ripley: A motion to approve. Barry Knight: A motion to approve by Mr. Ripley. Do I have a second? Eugene Crabtree: I'll second it. Barry Knight: Mr. Crabtree seconds the motion. Call for the question. AYES NAY 0 ABSO ABSENT 3 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD ABSENT Ed Weeden: By a vote of 8-0, the Board has approved the application of Lawson Hall Associates, L.L.C. Barry Knight: Thank you. Cfl'Y OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6353 DATE: May 10, 2006 TO: Leslie L. Lilley B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney FROM: RE: Conditional Zoning Application; Lawson Hall Associates~ LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 23, 2006. I have reviewed the subject proffer agreement, dated October 31, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen PREPARED BY: ~m SYkJ:S. ROURDON. mu AIIrnN & nVy. P.c. LAWSON HALL ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of October, 2005, by and between LAWSON HALL ASSOCIATES, L.L.C., a Virginia limited liability, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, containing a total of approximately 7.23 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel is referred to herein as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District to Conditional A-12 Apartment District with a PDH-2 Overlay; and WHEREAS, the Grantee's policy is to provide only. for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions goveming the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1468-37-2672-0000 1 PREPARED BY: ~1.!1 svn:s. ROURDON. &\11 AllJ::RN Ii LM. P.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A- 12 (PDH-2) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or auid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the "Concept Plan 'A' LAWSON HALL", dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct a right-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. 3. When the Property is developed, there will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) residential buildings as depicted on the Concept Plan. 2 PREPARED BY: . sms. ROURDON. AIlrnN &. lIVY. P.c. 4. The Grantor shall record a Declaration of Restrictions ("Deed Restriction") as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a Condominium Association which will be responsible for maintaining the Property and enforcing the provisions of a Condominium Del'bration goveming the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fIfty-fIve (55) years of age. The Deed Restriction shall also prohibit persons under twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. 5. The Condominium Association shall own and maintain Lawson Hall as a community center and its offIces. The Grantor shall renovate the building and fumish the community rooms. 6. As a condition of obtaining Site Plan approval and commencmg development, the Grantor shall submit a Comprehensive Tree and Garden Preservation Plan to the Grantee's Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. 7. When the Property IS developed, the entrance SIgn and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "LAWSON HALL ENTRANCE FEATURE AND FENCING PLAN", which has been exhibited to the Virginia Beach City Council and are on me with the Virginia Beach Planning Department ("Fencing Plan"). 8. The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open Spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3. Of the Zoning Ordinance ("Preservation District"). 3 PREPARED BY: t!!'J.m sms. ROURDON. rldll AlfmN & iM. P.c. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and execu ted by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 4 PREPARED BY: 1i3,13 SillS. IlOURDON. mil AHIRN &LM. P.c. (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pu blic inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 5 PREPARED BY: ~m Sms, ROURDON. mil AIlrnN & LID. P.c. Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 5 PREPARED BY: ~ SYI~IS. nOURDON. DI AIIrnN & LM. P.C WITNESS the following signature and seal: Grantor: Lawson Hall Associates, L.L.C., a Virginia limited liability company ~' )~~--- ~-!". ~ "- '- y:_ --~. ":"",/.' ---:e:> ~EAL) Thoma~~~*~.l~ Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 315t day of October, 2005, by Thomas Gallagher, Managing Member of Lawson Hall Associates, L.L.C., a Virginia limited liability company. A~d /l,Yne(~ Notary Public My Commission Expires: August 31,2006 6 PREPARED BY: (3IB STIrs. nOURDON. M AIIrnN & 1M. P.c. EXHIBIT "A" ALL THAT CERTAIN lot, piece or parcel of land, with the buildings and improvements thereon, if any, situated in the City of Virginia Beach, State of Virginia, and known, numbered and designated as Lot 88, on that certain plat entitled, "Subdivision of a Portion of The Hodgman Property for R.G. Moore Building Corporation, a Virginia Corporation, and Independent Developers, Ltd., a Virginia Corporation, Bayside Borough, Virginia Beach, Virginia", dated July 17, 1984, made by Langley & McDonald, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 188, at Page 21, containing 314,981 square feet or 7.23 acres. GPIN: 1468-37-2672-0000 ConditionalRezone /LawsonHa1IAssociates /Proffer 7 N. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BIKEWAYS AND TRAILS ADVISORY COMNllllBE GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPDC INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMIITeE P ARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS - TIUC O. UNFINISHED BUSINESS P. NEW BUSINESS 1. ABSTRACT OF VOTES - May 2, 2006 COUNCILMANIC and SCHOOL BOARD Election Q. ADJOURNMENT I i' I ABSTRACT OF VOTES c..tintheCityof VIRGINIA BEACH J Virginia, at the May 2, 2006 General Election, for: MEMBER CITY COUNCIL AT LARGE ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME H. T. "Howie" Carr, Sr. Glenn R. Davis, Jr. Bill R. DeSteph, Jr. Bill M. Griffith, Sr. Ben A. Krause French Donald Mackes. Jr. Bill P. Oberndorfer III TOTAL VOTES RECEIVED (IN FIGuREs) 3,867 12,041 13,280 3.002 6.300 3.942 3.293 6.747 877 24.158 NAMES OF CANDIDATES AS SHOWN ON BALLOT Samuel G. "Sam" Reid ...staf11p.v E. Stem Ron A. Villanueva Total Write-In Votes (Valid Write-Ins + Invalid Write-Ins I: TotIIl Write-In Vol..] . . . . . . . . . . 256 We, the undersigned ElectorsJ Board, upon examination of the official teCOIC/$ deposited with the Clerlc of the Circuit Courl of the eJection held on May 2, 2006, do hereby certify that the above is a true and COtreCt Abstract of Votes cast at said election and do, therefore, determine and declare that the following persons have te08ived the greatest number of votes cast for the above office in said election. Ron A. Villanueva Bill R. DeSteph, Jr. /-" / / f . ~ Electoral \ Board Seal 1 / . / .../ . Secretary Given under our hands this A copy test.: \ \" '............ 1 //.: "'- / . J.,j' .... p -.~L >~-> . /, ._>z-.~ , Secretary, ElectOral Board ABSTRACT OF VOTES c..tin the City of VIRGINIA BEACH ,Virgini., ., the May 2, 2006 General Election, for: MEMBER CITY COUNCIL BAYSIDE ENTER AT I.ARGE OR A.' " ,.. .PRIA~ DISTRICT OR WARD NAME Louis R. Jones ,................... TOTAL \,.._ RECENED (IN FIGuRS) 28,375 NAMES OF C/oNDIDA~s AS SHOWN ON BALLOT ................... . . . . . . . . . . . . .- eo. . . . . . Total Write-In Votes [Valid Write-Ins + Invalid Writ"'" c Total Write-In Vot..] . . . . . . . . . . 795 We. the undersigned Sectoral Board. upon examination of the offICial _"...rds daposited with the Clerk of the Circuit Coon of the election held on May 2. 2006. do hereby certify that the abovs is a true and correct Abstract of Votes cast at said election and do. therefore. determine and declare that the foOowing persons have reoei'lled the grsatsst number of votes cast for the above offlCB in said election. Louis R. Jones ;:1.dOB~ Board ~ Seti ~ 4t1LdayofMay. 2006'~. . ... /., (1~ f2 ! / ~ y~ 7 / ~~~r-\ /~l>uJ:' 1/ .) . Chairman Given under our hands this A copy teste: . Vice Chairman l Secretary (' . ,', >~//{-~..:~~.. , .. ) i. }~,......t ..L__-"'r:. ' . . Secretary. Etectoral Soard ABSTRACT OF VOTES c..tin the City of VIRGINIA BEACH ,Virginia, at the May 2, 200& General Election, for: MEMBER CITY COUNCIL BEACH ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAIIES OF CANDIDATES AS SHOWN ON BALLOT Rick W. Kowalewitch Richard A. Maddox John E. Uhrin .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Total Write..ln Votes [Valid Wrlte.Jns + Invalid Write-Ins t= Total Write-in Vot..] . . . . . . . . . . TOTAL ".,0:..' RECEIIIED (IN FtGuIe) 9,127 14,400 17.580 92 We, the undersigned Electoral Board, upon examination of the offlCiBllBCOtds daposited with the Clerk of the Circuit Court of tha election held on May 2, 2006. do hareby certify that the above is a true and COf18Ct Abstract of Votes cast at said election and do, therefore. determine and declare that the following persons have reoeiWKJ the greatest number of votes cast for the above offICe in said election. John E. Uhrin //'~ day of May, 2eKf' /" "/1h' \ _ /) ! /", if']' / ~ \'-y~/ I/o "ji ( ~~, " / ^ \. /Z!.AY~~ --- /~" .-- .4 ~ ", p. "~, ~~...L:.-~ I J Given under our hands this 4th A copy tests: / ........... / '''"' / \ ( Electoral \ 1\ Board )\ S~il " - / ~ ../ ....-----.-/. /'.// 'l'o // _/_>~ ''-''2,'L-:. ,A/ ,,.,~ L........._,~ ! if I , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES c.st in the City of VIRGINIA BEACH ,Virginia, a' the May 2, 200& General Election, for: MEMBER CITY COUNCIL LYNNHAVEN ENTER A T LARGE OR APPROPRIATE DISTRICT 0If WARD NAIrIE NAttlES OF CANDIDATES AS SHOWN ON BALLOT TOTAL \l....... RECEItIED (IN FIGuRES) Bob D. O'Connor 14,311 22,944 James L. "Jim" Wood Total Write-In Votes [Valid Write-Ins + Invalid Write-Ins I: Total Wrlte"n Votes] . . . . . . . . . . 118 We. the undersigned Electoral Board. upon examination of the offlCiBJ PSCOrds deposited with the Clerk of the Circuit Coutt of the election held on May 2, 2006, do hereby certify that the above is a true and conect Abstract of Votes cast at said election end do, therefore, determine and declare that the following persons have received the greatest number of votes CBst for the above offlCf1 in said election. James L. "Jim" Wood / I I Electoral Board Seal ~ \ \ ) . / / (~/') \</""'/r.;>rf' J ~ ~ / ',_.~~ / I Chairman / ./:;N)~~ r---. Vice Chairman J~ --: - · ,SecfeIary / I Given under our hands this 4th...- day of May, 2006. A copy teste: \ '\ ~ '-... ,.{// -'" <.:>~ ....~c-"'c_ -f, /J'1~ ~/' J' . Secretary, ElectOral Board ABSTRACT OF VOTES c..tin the City of VIRGINIA BEACH ,Virginia, ., the May 2, 2006 General Election, for: MEMBER CITY COUNCIL PRINCESS ANNE ENTER AT LARGE OR A,.,.".,,,PRlA7E: DISTRICT OR WNW NAME Barbara M. Henley J. M. "Jim" Reeve TOTAL VOJES REcst/s) (IN FIGuRa) 26,306 14,713 NAIIES OF CANDIDATES AS SHOWN ON BALLOT Total Write-In Votes [Valid Write-Ins + Invalid Writ"'''' I: TobII Write-In Vot_] . . . . . . .. . . .. 136 We, the undersigned Electoral Board, upon examinetion of the offICial R3Cords deposited with the Cleric of the Circuit Couft of the election held on May 2, 2006, do hereby certify that the above is a true end COI18CI Abstract of Votes cast at said election and do, therefore, determine and declafe that the following persons have teOeiWKI the greatest number of votes cast for the above offICe in said eJection. Barbara M. Henley /~ / / Electoral Board Seal ~ '\ , . ) I '/ _/ 4th..... day of May, 2006. .... '/--~". //.. ~ ' ( ~~.~. -, ~ "~g-1f..)t--- ../~. , '. \ , , ~ . \'. J . /,~~~ / (J-r-- ~~ 0,dJ~~' ) . Chairman Given under our hands this A copy teste: . Vice Chairman \ \ ""-, ......... . SecretaI)' ,I; <><<jLd".:.., ,>( }1......1'-'. '~-1 Secretary. EIectOr8I Soard ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 2, 2006 General Election, for: , Virginia, MEMBER SCHOOL BOARD AT LARGE ENTER AT LARGE OR APPROPRJATE DISTRICT OR WARD NAME NAMES OF CANDIDATES AS SHOMlt ON BALLOT TOTAL \Iw...... RECEIVED (IN FIGURES} Greaa A. Benshoff 11.651 15.052 10,430 26,099 Todd C. Davidson H. T. "Butch" Grant, Jr. Carolyn D. Weems Total Write-In Votes [Valid Write-Ina + Invalid Write-Ins I: Total Write-In Vot..) . . . . . . . . . . 283 We,' the undersigned Electoral Board, upon examination of the offlCiBI recoTds deposited with the CIBrlc of the Circuit Coutt of the election held on May 2, 2006, do hereby ceTtify that the above is a true and conect Abstract of Votes cast at said election and do, therefore, determine and declare that the following persons have recehled the greatest number of votes cast for the above offICe in said election. Todd C. Davidson Carolyn D. Weems /' '-, ( EIe<lOnlI \ Board " . Seal ) "~ ,/ 4th d8yofMay, 2006. /'~. {2.. \q//<J(}) " .. , r-:;?' I ... . L~___" .. / - / ~? ,Chairman /I V L.JK< ~., ( /~A.ly()5{ I / ~ ~ ,Vice Chairman d~ ~ ,I . '-', . . Secreta'Y of J Gillen under our hands this A copy teste: ,;;;~~~... ""\ )j' ~~' L.,~~ .j Secretary, Electoral Soard ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 2, 2006 General Election, for: , Virginia, MEMBER SCHOOL BOARD BAYSIDE ENTER ATI.ARGE OR APPROPRIATE DISTRICT OR WARD NAME NAIlES OF CANDIDATES AS SHOWN ON BALLOT TOTAL V07E$ RECENED (IN FIGuRES) Dan R. Lowe 28.264 Total Write.ln Votes [Valid Write-Ins + Invalid Write-Ins z: Total Write-In Votes] . . .. . . . . . . 296 We, the undersigned Electoral Board, upon examination of the offICial records deposited with the Cleric of the Circuit Court of the election held on May 2, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and cJecJare that the following persons have received the greatest number of votes cast for the above office in said election. Dan R. Lowe Given under our hands this 4th day of May, 2006. CJ?~~~ lj~~ / ,U,I ~~7 . <~ r '. .. '71-J.~( _Jl. '. ~, J , Chairman A copy teste: ;:Ied=~\ Board Seal ,Vice Chairman \ \~, I J , Secretary /.~.-: ' -,;/............~~~ '/ ~i '." " ~ .; ..;,f, ,'~t' """-'......-"-"."j ,j Secretary, Electoral8oard ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 2, 2006 General Election, for: J Virginia, MEMBER SCHOOL BOARD BEACH ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAIlES OF CANDIDATES AS SHOWN ON BALLOT TOTAL VOTES RECEIVED (IN FIGuRES) Jane S. Brooks 16.114 Patricia G. Edmonson 18.357 Total Write-In Votes [Valid Write.lns + Invalid Write-Ins I: Total Write-In Votes] . . . . . . . . . . 122 We, the undersigned Electoral Boam, upon examination of the offICial records deposited with the CJerlc of the Circuit Court of the election held on May 2, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore. determine and declare that the following persons have teeeived the greatest number of votes cast for the above office in said election. Patricia G. Edmonson Given under our hands this r:kd~~ Board Seal ) ~/ _/~ /' , / ( \ ' -"-j Vn~ re; /idf{5~ i i/A .Y/ ?>-,~~ / J , Chairman A copy teste: > , Vice Chairman . Secretary / . / '- ,.;w.",,~ '/ .y' .7J--.;"'----2.-<-.:.........--'--'-4 I J Secretary. Electoral Board ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 2, 2006 General Election, for: , Virginia, MEMBER SCHOOL BOARD LYNNHAVEN ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF CANDIDAJU AS SHOWN ON BALLOT TOTAl. V07ES RECEIVED (IN FIGURES) Emma L. Davis 29.868 Total Write-In Votes [V.tid Write-Ins + Invalid Wrlte-tns I: Total Wrlte"n Vot..] . . . . . . . . . . _ 240 We, the undersigned Electoral Board, upon examination of the offlCiBJ records deposited with the Cleric of the Circuit Court of the election held on May 2, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following persons have . I~ .oived the greatest number of votes cast for the above office in said election. Emma L. Davis Given under our hands this 4th day of May, 2006. ~ \ Board ... Seal / ~/ --\ }/) W()~Z Vi' '-. . Chairman A copy teste: Electoral ~ Chairman , Secretary ,;,' >.:..c-1:-~'C, '/ )Ii ~,:..~.: ~~~~ J Secretary, Electorsl8oard ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 2, 2006 General Election, for: , Virginia, MEMBER SCHOOL BOARD PRINCESS ANNE ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAIlES OF CANDIDATES AS SHe"" 011 BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Lvndon s. Remias 20.386 16.255 Lois S. Williams Total Write-In Votes [Valid Write-Ins + Invalid Write-Ins I: Toul Wrhe-ln Vot..] . . . . . . . . . . 95 We, the undersigned Electoral Board, upon examination of the offICial records deposited with the Cleric of the Circuit Court of the election held on May 2, 2006, do hereby certify that the above is a true'and correct Abstract of Votes cast at said election and do. therefore, determine and declare that the following persons have received the greatest number of votes cast for the above office in said election. Lyndon S. Remias Given under our hands this 4th day of May, 2006. /1 C) I , ~' f , '~ \ i I : .. f' I ............-.,.,....;.' ''1-.--.< . "" -/ . - /'-.,.-J _~~~ ~ (,--,A , . A copy teste: ;:Jectma~ Board \ Seai ) ~/ , Chairman ~ ____ Vice Chairman / ' /{j ('. ~ . /./L14 ~I ~-Jd/: - -T; , . / . Secretary // ~- &..~Ji - ;n.,--L ~ . I r '--'-r, ,'I 'J Secretary. Electoral8oard ABSTRACT OF VOTes cast in the City of Virgin~ Beach, Virginia, at the May 2,2006 Special Election, for: REDEVELOPMENT AND HOUSING AUTHORITY QUESTION: Is there a need for the redevelopment and housing authority to be activated in the City of Virginia Beach? TOfAL VOlES REcENED (IN FIGURES) YES NO 15.054 27.228 We, the undersigned Electoral Board, upon examination of the offICial records deposited with the Clerk of the Circuit Court.of the election held on May 2, 2006, do hereby cettify that the above is a true and correct Abstract of Votes cast at said election for and &gainst the question or proposition set forth above. Given under our hands this 4th. day of M8Y'~ 200... '...... ./~/) , fkj'('(j {~~ ~ ~AI ~~ I -/ ~ . Chairman A copy teste: r:].dma~ i BO'.Jd l \ Se~ J \ / , // ~ ..--/ , Vice Chairman ,. I Secretary ~..~:I. ~~e/. --z. Secretary, ElectoralEoard !/ d CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE; 5/9/06 D C M R C A W PAGE: I I D 1 L A N R H N I E y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 [mM' SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D 1/1 BRIEFING: RUDEE LOOP Removed from B y C 0 N S E N S U S Agenda 2 Gwen Cowart, COXCABLEFRANCHffiE Director, Communications and Information Technology City Council with FY 2006-2007 BUDGET DISCUSSION Staff 3 II/ID/IV / CERTlFICATlOl~ VI' \-LOSED SESSION VNUE CERlll'l.CU 11-0 Y Y Y Y Y Y Y y y y y F/G-I MINUTES PUBUC HEARING: FY 2006-2007 APPROVED 11-0 Y Y Y Y Y Y y y y y y Budget 4120/06 2 INFORMAUFORMAL SESSIONS 4/25106 APPROVED 10-0 Y Y Y Y Y Y y y y y A B S T A I N E D Hll PUBLIC HEARINGS: COX COMMUNICATIONS HAMPTON No speakers I ROADS LLC, INe. - Franchise '- 2/a LEASE OF CTIY-OWNED PROPERTY '1 C,B.M. Co. t/a SCHOONER INN - 215 No speakers Atlantic Avenue 1/1/1 Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Bud~et): a ESTABLISH tax levy on real estate for FY ADOPTED 9-2 y y y N Y y y N Y y y 2007 at $0.99 * b ESTABLISH tax levy on personal ADOPTED 9-2 y y y N Y y Y N y y y property/machinery/tools for calendar year * 2007 at $3.70 c APPROPRIATE $1,639,515,908 fa- FY 2006 Auvr l.l::U 9-2 y y y N y y y N Y y y - 2007, for Operations/$575,632,538 it ** Interfund Transfers d AUTHORIZE Annual Funding Plan to ADOPTED 9-2 y y y N Y y y N Y y Y HUD *Councihnan Dyer concerned. **Council Lady Wilson opposed to publishing Beach Magazine and City Page CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 5/9/06 D C M R C A W PAGE: 2 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D .. ---,. --,., ._ I __ e AMEND ~~35-64135-67 of City Code re ADOPTED 9-2 Y Y Y N Y Y Y N Y Y Y exemption or deferral of real estate taxes for elderly or disabled persons f APPROPRIATE $9,000,000 within ADOPTED 9-2 Y Y Y N Y Y Y N Y Y Y Sandbridge TIF as SURPLUS * g AMEND funding sources for ARP lowering ADOPTED 9-2 Y Y Y N Y Y Y N Y Y Y real estate tax revenue to .9 cent h AMEND ~ 17-19 of City Code re assessment ADOPTED 9-2 Y Y Y N Y Y Y N Y Y Y of additional Court costs for Public Law Library AMEND ~35-280 of City Code re motor ADOPTED 9-2 Y Y Y N Y Y Y N Y Y Y vehicle license fees 2 Ordinances re FY 200~2007 BIENNIAL CAPITAL BUDGET (CIP): a FY 2007iFY 2012 CIP/APPROPRlATE ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y $214,569,984 fa 2007Capital Budget b AUTHORIZE issuance of GO Public ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y Improvement Bonds in maximum of $63,800,000 c AUTHORIZE issuance of Storm Water ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y Utility System Revenue Bonds in maximum of $2,5 10,000 d AUTHORIZE issuance of Water/Sewer ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y System Revenue Bonds in maximum of $18,950,465 e Resolution AUTHORIZING City Manager ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y to use EXCESS FY2005-06 Fund Balance for selected capital orojects 3 Ordinance to AMENDIREORDAIN ~~6- ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y 112/6-113 re channel CONSENT lines/mooring/anchoring within marked channels 4 Ordinance to ADD ~21-303.1 to City Codere ADOPTED BY 10-1 Y Y Y N Y Y Y Y Y Y Y enforcement/penalties re parking spaces for CONSENT persons with disabilities violations 5 Ordinance AUTHORIZING Lease with ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y C.B.M. Co, T/A SCHOONER INN re CONSENT overflow parking for registered guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH) 6 Ordinance AUTHORIZING reimbursement ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y of $1 ,500 to a Deputy for legal fees/expenses CONSENT incurred during defense from the Sheriff's office FY 2005-06 Ooerating Budget. !... *Councihnan Dyer concerned CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 M B L DATE: 5/9/06 C E S L D C M R C A W PAGE: 3 1 D J L A N R H N 1 E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D - 7/a Ordinances to AUTHORIZE temporary ADOPTED BY II-O Y Y Y Y Y Y Y Y Y Y Y encroachments into: CONSENT City's r-o-w at Cypress Avenue by CHRISTOPHER AJK.ALLI T. SCAGLIONE re .;""'''p/pier (DISTRICT 6- BEACH) b Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS HELLSTROM re boat dock (DISTRICT 7 - PRINCESS ANNE) 8 Ordinance to APPROPRIATE $49,185 fran ADOPTED BY II-O Y Y Y Y Y Y Y Y Y Y Y State Compensation Board to CONSENT Commonwealth's Attornev 9 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY II-O Y Y Y Y Y Y Y Y Y Y Y $80,000 frail West Neck Properties, Ine. CONSENT (Eagles Nest) "Open Space Acquisition," consistent with the Outdoors Plan 10 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY II-O Y Y Y Y Y Y Y Y Y Y Y $31,000 frail Kemp Fussell, L.L.C. CONSENT (Bernard Farms) to "Park Playground Renovations - Phase II," re Landstown Meadows Neil!hborhood Park. 11 Ordinance to TRANSFER $4,000,000 within ADOPTED BY 10-1 Y Y Y Y Y Y N Y Y Y Y FY 2005-06 School Board Budget: CONSENT a $1,090,000 b Transportation b $2,500,000 b Operations and Maintenance c $ 410,000 b OperationsJMaintenance 12 Resolution EST ABLISlllNG Green Ribbon ADOPTED BY II-O Y Y Y Y Y Y Y Y Y Y Y Committee re City's waterways CONSENT K/l ROBERT M. ROUSSEAU En/arr!ement of a DEl'eKKED II-O Y Y Y Y Y Y Y Y Y Y Y Nonconforminr! Use at 403 I (Jh Street. INDEFINITELY (DISTRICT 6 - BEACH) BY CONSENT 2 BURTONINANCY C. JUDA CUP re vel' .t:RRED TO II-O Y Y Y Y Y Y Y Y Y Y Y residential kennel for seven (7) dogs at 205 5/23/06 BY Coventry Road, (DISTRICT 2 - CONSENT KEMPSVILLE) 3 JOHNNICKIE CHAPPELL CUP re a APPROVED/ II-O Y Y Y Y Y Y Y Y Y Y Y home occupation (jams, jellies, cakes) at 506 CONDITIONED Princess Anne Road. (DISTRICT 7 - BY CONSENT PRINCESS ANNE) 4 LUCY RUTTER CUP re alternative ALLOWED II-O Y Y 'Y Y Y Y Y Y Y Y Y residential development 2165 Punjp Feny WITHDRAWAL Road. (DISTRICT 7 - PRINCESS ANNE) BY CONSENT 5/a PROSPERITY BEACH, L.L.CJW A W A, Arl'KvVED/ II-O Y Y Y Y ,~ Y Y Y Y Y Y INC. at Oceana BoulevardJEaglewood Drive. PROFFERED/ (DISTRICT 6 - BEACH): CONDITIONED BY CONSENT Prosperity Beach L.L.c. COZ from AG-2 to Conditional B-2 b W A W A, INC CUP re gas sales with a L convenience store CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: 5/9/06 C E S L D C M R C A W PAGE: 4 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D _ ....__ or ---"" -. - 6 29 OCEAN, L.L.C. COZ from RT-3/A- APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y 36/A-12 to Conditional RT-3 with Laskin PROFFERED BY Road Gateway Overlay at Arctic CONSENT Avenue'29'" Street. (DISTRICT 6- BEACH) 7 DANNY K. MARTIN COZ from R-5D to DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional I-I at 5840 Bur1Dn Station 5/23/06 BY Road (DISTRICT 4 - BA YSIDE) CONSENT 8 1345 OCEAN;\, L.L.C. COZ from AG-2 APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y to Conditional B-2 at 1345/1335 Oceana PROFFERED BY Boulevard storage'commercial uses. CONSENT (DISTRICT 6 - BEACH) 9 CITY COZ from R-20 to P-l at Shell Road APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to preserve OPEN SPACE. (DISTRICT 4 CONSENT - BA YSIDE) M APPOINTMENTS GREEN RIBBON COMMIITEE RESCHEDULED B Y C 0 N S E N S U S INVESTMENT PARTNERSHIP ADVISORY COMMIITEE - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMIITEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS BEACHES and WATERWAYS Reappointed: 9-0 Y Y Y Y N Y N Y Y Y Y COMMISSION Thomas R. Pritchard 3 year term - 07/01/2006 - 06/30/2009 Whitt G. Sessoms,m S. Brady Viccellio Rodney a. Voelker EASTERN VIRGINIA MEDICAL SCHOOL Reappointed: 9-0 Y Y Y Y N Y N Y Y Y Y 3 year term - 07/01/2006 - 06/30/2009 Stanley Waranch HUMAN RIGHTS COMMISSION Appointed: 9-0 Y Y Y Y N Y N Y Y Y Y 3 year term - 05/01/2006 - 03/31/2009 John Hicks 3 year term - 04/01/2006- 03/31/2009 Reappointed: Alicia F. Bobu1inski Ethelyn Register Fay B, Silverman SHORE DRIVE ADVISORY Reappointed: 9-0 Y Y Y Y N Y N Y Y Y Y COMMIITEE James A. Arnhold Scott Ayers June Barrett- McDaniels Alaura Guion _r"" ,,__ CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 5/9/06 D C M R C A W PAGE: 5 I D J L A N R H N I E y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D SOUTHEASTERN PUBLIC SERVICE Appointed: 9-0 y y y -y -N -y "N "Y "Y y 'y ., AUTHORITY - SPSA Bill DeSteph Unexpired term thru 12/3 112008 N/O Reschedule/cancel InformallFormal RESCHEDULED: B y C 0 N S E N S U S Sessions of July 4,2006 (legal holiday). J~ 41b to July 18 /cancelled August 1st (City Council will meet July 11 and 18, 2006, with vacation Julv 19-August 6) P ADJOURNMENT 7:53 p.m. PUBLIC COMMENTS: Non-Agenda 1 speaker Items 7:54-7:55 p.m.