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Home My WebLink AboutAUGUST 22, 2006 AGENDA CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL M~YORMEYERA E. OBERNDORF. At-Lorge ViCE M4YOR rows R. JONES, Bayside - District 4 W1LLIAM R. "Bill" DESTEPH. At-Large H4RRY E. DIEZEL Kempsville - District 2 ROBERT M "Bob" DYER. Centerville - District I BARBARA M HENLEY. Princess Anne - District 7 RBBA S. McCLANAN, Rose Hall - District 3 RON A. VIlLANUEVA, At-Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At-Large JAMES 1. WOOD, Lynnhaven -District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(157) 385-4303 FAX (157) 385-5669 E- MAlL: Ctycnc/@Vbgov.com CITY COUNCIL AGENDA crrr M4NAGER -JAMES K. SPORE crrr ATTORNEY - LESLIE 1. UUEY crrr CLERK - RlffH HODGES SMITH. MMC 22 August 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM 1. HISTORIC CITY-OWNED PROPERTIES - Organizing Committee Lynn Clements - Director, Museums and Cultural Arts 2. CITY'S FINANCIAL OVERVIEW David Hansen, Chief of Finance and Technology II. CITY COUNCIL LIAISON REPORTS m. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION Conference Room 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Captain Monica Johnson Chaplain, First Landing Chapel 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 INFORMAL and FORMAL SESSIONS August 8, 2006 G. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXIII and HIS COURT Nancy A. Creech-President, Neptune Festival H. PUBLIC COMMENT 1. SOUTHSIDE HAMPTON ROADS HAZARD MITIGA nON PLAN I. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY 201 Green Springs Court 2. CITY-OWNED PROPERTY - Lease 1.5 acres - South of Little Island District Park J. AGENDA FOR FORMAL SESSION K. CONSENT AGENDA L. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to execute documents re sale of EXCESS CITY-OWNED PROPERTY at 201 Green Springs Court to Gavin Builders. Inc. re spot blight abatement 2. Ordinance to AUTHORIZE the City Manager to execute a temporary Lease Agreement with Clancy & Theys Construction Company re employee parking at Little Island District Park and ACCEPT the Bob Cat Track Loader in execution of this lease. 3. Ordinance to INCREASE the Department of Museums' FY 2006-07 Operating Budget by $620,808 and TRANSFER $225,000 for renovations to The Contemporary Art Center re Magna Carta Exhibition 2007 4. Ordinance to AUTHORIZE a Cooperative Agreement with the Virginia Beach School Board re legal services thereto by the City Attorney for FY 2007. 5. Ordinance to require Disclosures re recreational areas in the re Princess Anne Transition Area subdivision Open Space for public use with the homeowner's association responsible for liability insurance maintenance 6. Resolution re the FY-2006-07 State Performance Contract between the Virginia Beach Community Services Board (CSB) and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA) M. PLANNING 1. Applications of MATHEWS GREEN ASSOCIATES, L.L.C., re the development of a residential community with forty-nine (49) single-family lots at 2217 Matthews Green (deferred July 18, 2006) DISTRICT 7 - PRINCESS ANNE a. Change ofZoninf! District Classification from AG-1 Agricultural District to Conditional R- 20 Residential District with a PD- H2 Overlay b. Discontinuance, closure and abandonment of portions of Mathews Green east of Princess Anne Road RECOMMENDATION: APPROVAL 2. Application of TERRY O'DONNELL for a Conditional Use Permit re commercial kennel at 3596 Landstown Road (DISTRICT 7 - PRINCESS ANNE) STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: APPROVAL DENIAL 3. Application of CAROL CASE for a Conditional Use Permit re a home occupation (wildlife rehabilitation) at 113 Matt Lane (DISTRICT 6- BEACH) STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: APPROVAL DENIAL 4. Applications of GERALD FREEMAN at 5677 and 5681 Morris Neck Road (DISTRICT 7 - PRINCESS ANNE) a. Chanf!e of Zoninf! District Classification from AG-2 Agricultural to Conditional B-2 Community Business b. Conditional Use Permit for automobile repair garage RECOMMENDATION: APPROVAL 5. Application ofVIST ACOR PARTNERS, LLC for a Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural to Conditional B-2 Community Business re an office and retail center at Dam Neck and Princess Anne Roads (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 6. Application ofVENTUREAST TWO CORP. for a Chanf!e of Zoning District Classification from 0-2 Office to H-l Hotel re a hotel at Cleveland Street and Newtown Road. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL N. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS - New Construction BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY PARKS AND RECREATION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT ******** 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 8/22106 st www.vbgov.com I CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM 1. mSTORIC CITY-OWNED PROPERTIES - Organizing Committee Lynn Clements - Director, Museums and Cultural Arts 2. CITY'S FINANCIAL OVERVIEW David Hansen, Chief of Finance and Technology II. CITY COUNCIL LIAISON REPORTS m. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf 4:00 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Captain Monica Johnson Chaplain, First Landing Chapel 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 INFORMAL and FORMAL SESSIONS August 8, 2006 iRrsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. G. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXIII and HIS COURT Nancy A. Creech-President, Neptune Festival H. PUBLIC COMMENT 1. SOUTHSIDE HAMPTON ROADS HAZARD MITIGATION PLAN I. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY 201 Green Springs Court 2. CITY-OWNED PROPERTY - Lease 1.5 acres - South of Little Island District Park .' PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBliC HEAR- ING on the disposition arid sale of excess City property acquired pursuant to the Spot Blight Abatement Program, Tuesday, August 22, 2006, at 6:00 p.m. in the Coun- cil Chamber of the City Hall Building (Building #1) at the Vir- ginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at 201 Green Springs Court (GPIN: 1487-21-0100). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". 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 impah';::(j, call 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at .the Vir- ginia Beach Municipal Center. The Real Estate Office tele- phone number is (757)385-4161. ().=r4-/~ Ruth Hodges Srnith, MivlC City Clerk VP August 13, 2006 15614094 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEAR- ING on the proposed leasing of City-owned property on Tuesday, August 22, 2006, at 6:00 p.m. in the Coun- cil Chamber of the City Hall Building (Building #1) at the Vir- ginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will' be to obtain public comment on the City's proposal to lease the fOllowing: Approximately 1.5 acres of space at the south end of the Little Island District Park for temporary use as a parking area by Clancey and Theys. 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 385 4305 (TDD Telephone Device for the Dean. . Any questions concerning this matter shouid be directed to the Department of Management Services - Facilities Man- agement Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757)385 8234. (1--=4--/~ Ruth Hodges Smith, MMC City Clerk VP August-13, 2006 15614694 J. AGENDA FOR FORMAL SESSION K. CONSENT AGENDA L. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to execute documents re sale of EXCESS CITY-OWNED PROPERTY at 201 Green Springs Court to Gavin Builders. Inc. re spot blight abatement 2. Ordinance to AUTHORIZE the City Manager to execute a temporary Lease Agreement with Clancy & Theys Construction Company re employee parking at Little Island District Park and ACCEPT the Bob Cat Track Loader in execution of this lease. 3. Ordinance to INCREASE the Department of Museums' FY 2006-07 Operating Budget by $620,808 and TRANSFER $225,000 for renovations to The Contemporary Art Center re Magna Carta Exhibition 2007 4. Ordinance to AUTHORIZE a Cooperative Agreement with the Virginia Beach School Board re legal services thereto by the City Attorney for FY 2007. 5. Ordinance to require Disclosures re recreational areas in the re Princess Anne Transition Area subdivision Open Space for public use with the homeowner's association responsible for liability insurance maintenance 6. Resolution re the FY -2006-07 State Performance Contract between the Virginia Beach Community Services Board (CSB) and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MRlSA) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess City Property 201 Green Springs Court, Virginia Beach, Virginia pursuant to Spot Blight Abatement Program MEETING DATE: August 22,2006 . Background: The City acquired 201 Green Springs Court in November 2004 pursuant to the Spot Blight Abater:nent Program from Norma Latham and Troy W. Dettloff by condemnation. The property was acquired after the owners failed for years to address significant code violations. The existing structure is in need of extensive repairs. When City Council authorized the acquisition of this property in 2004 to remove the blight, City Council anticipated resale of the property to a private developer who would rehabilitate the property. An advertisement seeking proposals to purchase and repair or replace the house ran in late October 2005. Only one proposal was received, which was rejected because it was unreasonably low. Between March and April 2006 "For Sale" signs were posted and a newspaper ad was placed to again solicit proposals for the disposition of this property. Thirteen responses were received by the deadline. A review committee made up of representatives from the Department of Housing and Neighborhood Preservation, the Planning Department and Public Works/ Real Estate reviewed the proposals. From previous discussions with City Council, the review committee decided that the sales price of the property was not the single most important criterion - that the city is looking for the best possible outcome -- revitalization/rehabilitation of the property. Based on this consideration, the following criteria were used to evaluate the proposals: (1) Proposed Repairs/Materials to Achieve Best Results; (2) Experience with Like Projects; (3) Financial Capability; (4) Bid Amount to Purchase; and (5) References. Based on these criteria, the review committee selected Gavin Builders, Inc. ("Gavin"), a Virginia corporation, to purchase the property for $115,500. Gavin's proposal was the highest bid that also met the City's rehabilitation/revitalization standards. Gavin proposes to invest approximately $80,000 to $90,000 in rehabilitation and landscaping should the property be sold to it. The proposed rehabilitation work includes (1) installing new kitchen cabinets and counter tops, bathroom cabinet and fixtures, and front entry door and new windows; (2) bringing HVACand electrical systems up to code; and (3) providing professional termite treatment. rehabilitation. Gavin's proposal adequately addresses the necessary . Considerations: The review committee recommends that the property located at 201 Green Springs Court be declared excess by City Council and sold to Gavin Builders, Inc., a Virginia corporation. . Public Information: Requests for Proposal advertised in the Virginian-Pilot October 2005 and April 2006. Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. . Alternatives: Sell the property to Gavin, select among other proposals, or retain ownership. . Recommendations: Authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached and such other terms, conditions or modifications as may be satisfactory to the City Council. . Attachments: Ordinance, Location Map, Summary of Terms, and Purchase Agreement Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real~ate ;0) t}/I1J City Manager: 0'" \L.. .~I>.ML 1 2 3 4 5 6 7 AN ORDINANCE DECLARING 201 GREEN SPRINGS COURT EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME WHEREAS, by ordinance adopted April 13, 2004, pursuant 8 to the Spot Blight Abatement Program, the City Council of the 9 City of Virginia Beach authorized the acquisition, by agreement 10 or condemnation, of property generally known as 201 Green 11 Springs Court, Virginia Beach, Virginia 23452 (the "Property") 12 more particularly described on Exhibit "A" attached hereto, for 13 the purpose of abating spot blight on the Property; 14 WHEREAS, the April 13, 2004 ordinance provided that 15 the City shall resell the Property to a qualified builder, 16 developer or other entity, with appropriate provisions in the 17 contract of sale to ensure that the Property will be timely 18 rehabili tated or reconstructed and thereafter sold to a 19 qualified owner-occupant; 20 WHEREAS, the City acquired the Property by 21 condemnation by Order of the Virginia Beach Circuit Court 22 entered December 17, 2004, and recorded as Instrument Number 23 200501120006350 in the Clerk's Office of the Circuit Court of 24 the City of Virginia Beach; 25 WHEREAS, prior to the City's acquisition the Property 26 had been declared as unfit for human habitation, and the 27 property remains in need of significant repairs and restoration; 28 WHEREAS, the City has requested proposals for the sale 29 and renovation or reconstruction of the Property in accordance 30 with the April 13, 2004 ordinance; 31 WHEREAS, the City Council is of the opinion that of 32 the proposals timely received, the proposal submitted by Gavin 33 Builders, Inc., a Virginia corporation, is the proposal that 34 best meets the interests of the City, the public and the 35 residents of the neighborhood in which the Property is located, 36 and that the terms of the Purchase Agreement adequately ensure 37 that the Property will be timely rehabilitated and sold to a 38 qualified owner-occupant. 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 40 CITY OF VIRGINIA BEACH, VIRGINIA: 41 That the Property as described ln Exhibit "A" is 42 hereby declared to be in excess of the needs of the City of 43 Virginia Beach and that the City Manager is hereby authorized to 44 execute a Purchase Agreement and any documents necessary to 45 convey the property to Gavin Builders, Inc. , a Virginia 46 corporation, in accordance with the attached Summary of Terms 47 marked as Exhibit "B", and such other terms, conditions or 48 modifications as may be satisfactory to the City Attorney. 49 This ordinance shall be effective from the date of its 50 adoption. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the day of , 2006. CA-100l7 R-1 V: \applications\ci ty1awprod\cycom32\Wpdocs\D003\P001 \ 00018504. DOC 8/8/2006 APPROVED AS TO CONTENT ~€J' C. ~~~ /If) Publlc Works R{f) I E.s1i1 it APPROVED AS TO LEGAL SUFFICIENCY //&(2 f) ~ Law EXHIBIT A GPIN 1487-21-0100 (201 Green Springs Court): All that certain lot, tract or parcel of land together with all buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot Number Fifteen (15), in Block Seven (7), as shown on that certain subdivision plat entitled: "SUBDIVISION OF WINDSOR WOODS, SECTION FOUR FOR LINEBERRY CONSTRUCTION CORPORATION, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," dated June 1965, and prepared by Frank D. Tarrall, Jr. and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 66, at page 4, to which reference is made for a more particular description. It being the same property conveyed to Bobby Latham and Norma D. Latham, husband and wife, as tenants by the entirety with rights of survivorship as at common law, by deed from Joseph Lipari and Joan F. Lipari, dated August 22, 1973, and recorded in the aforesaid Clerk's Office in Deed Book 1372, at page 481. The property was then conveyed outright to Norma D. Latham, divorced, by deed from Bobby John Latham and Gail Frances Latham, this wife, dated January 27, 1981, and recorded in the aforesaid Clerk's Office in Deed Book 2099, at page 739. It further being the same property conveyed to Troy W. Dettloff by Deed of Gift from Norma H. Latham, formerly Norma D. Latham, dated November 19, 2004 and recorded in the aforesaid Clerk's Office as Instrument Number 200411220184891. ...r~W?J~J 7'~-.{J\ \ Or'-[51 ~,~ ~ \' ~~~ ~ ~ J .; / 5/ I -=- W-L :E :\ t:::. =tJ ~ ~ t: ~~ I ~ -./?- " / P '.......rte \9- n ~I::~ ~ ~ I- . -.J<-- " "'" ~ U II'" H-1 1.Jj :4 ..-.::( ~ ~ V;;: '-"":-'r- /'-t' '0;t J:ill ~ ~ ~ 1,K'- ~ a ~.......--~~ INVERNESSRJ). - \ 'l\~ ~.:', ""<W'I!t~-'" ,\~ ~ ~ \ \il\' \/ 0. 'f\'\~\ Ct -- CO ~B L~~:5 o~v- o6~ ~.(~ --~B ~\"1'" \ :P:::vL-Y 0\'- D YI ~C:d ~1- , l' \ .JJ.J ~ _ .....-\> ~ ~l~"" ~U L\IcS'l \\ \\ ~C0 ~'" ."cj~~ ~ <:::i\;:P<:)o QlJ "-%'~l..: ~ ' r ~ U \5 \).. ~\'J. tJ" ~(p' 0'.1../ .!; .I-:::;- i '2 \ -' ~ 1 ~1 f~ ~L~ ",""",' "" ~,.p. 0 0 q b ~) \"'"'~ ~ ~\ ~~ \ oU -JI\l.G\\'l <) C?~::/::::) 0 0 ~ 0 \) 1] &0 . U L_r 0 ~~D G "L I 0 ~ -~~~s. ~G {] 0 ~ ~, 0 o~ 0 \~y C)O~ D/o\'~ -.1 O"~ ~ (\" }") CJ % -lell -V~\ \? v<J V. ~ \J Hr Q ~........ ,-.,\C \) i 0 (j~ CJ \] ~r0 [r; .J ~.. 1 ~ ~A..\ ~r \) &; ~ ~ k '"'\\~J. 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D D ~ ~ ~ 00,r:o/rcc::::;' {} [], <::> (/ \) (/ D C:J CJCj 0 09c;J/o 0 c;] 0 CJ GE3 L .J Lrf ~/c::9 ~E R.q "-,1 D!] C::J C::J (') ?/o .Jr " ~ 0 1)0 <) . u o ~ ~~Q~ t::JCjC:::J ~CJT::::1a~c..- ~a 00 P dc:I=~\Db\D\~<: I~ LOCATION MAP PROPERTY OF CITY OF VIRGINIA BEACH GPIN 1487-21-0100 201 GREEN SPRINGS COURT SCALE: 1" = 400's X;.f>RjECTS!AGENDA MAPS-CITY PROPERTY/1487-21-010(}201 GREEN SPRINGS CT.DGN M.j.S. PREPARED BY P/W ENG. CADD DEPT. SEPT. 27,2005 EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 201 GREEN SPRINGS COURT SELLER: City of Virginia Beach PURCHASER: Gavin Builders, Inc., a Virginia corporation PROPERTY: Land and improvements at 201 Green Springs Court, Virginia Beach, Virginia 23452 LEGAL DESCRIPTION: GPIN 1487-21-0100 (201 Green Springs Court): All that certain lot, tract or parcel ofland together with all buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot Number Fifteen (15), in Block Seven (7), as shown on that certain subdivision plat entitled: "SUBDIVISION OF WINDSOR WOODS, SECTION FOUR FOR LINEBERRY CONSTRUCTION CORPORATION, L YNNHA VEN BOROUGH, VIRGINIA BEACH, VIRGINIA," dated June 1965, and prepared by Frank D. Tarrall, Jr. and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 66, at page 4, to which reference is made for a more particular description. It being the same property conveyed to Bobby Latham and Norma D. Latham, husband and wife, as tenants by the entirety with rights of survivorship as at common law, by deed from Joseph Lipari and Joan F. Lipari, dated August 22, 1973, and recorded in the aforesaid Clerk's Office in Deed Book 1372, at page 481. The property was then conveyed outright to Norma D. Latham, divorced, by deed from Bobby John Latham and Gail Frances Latham, this wife, dated January 27, 1981, and recorded in the aforesaid Clerk's Office in Deed Book 2099, at page 739. It further being the same property conveyed to Troy W. Dettloffby Deed of Gift from Norma H. Latham, formerly Norma D. Latham, dated November 19, 2004 and recorded in the aforesaid Clerk's Office as Instrument Number 200411220184891. SALE PRICE: $115,500 OTHER TERMS OF SALE · Buyer to purchase "AS IS". . Buyer intends to use the property for residential development and shall, after development/restoration, transfer the property to an owner-occupant. . Buyer shall commence renovation substantially in accordance with plans submitted with its proposal within 60 days after delivery of possession and continue steadily until work is completed. Occupancy permit to be obtained within 120 days after delivery of possession. . Deed to Buyer will contain a repurchase right, triggered by Buyer's failure to timely renovate the property. . Other terms contained in the Purchase Agreement signed by Gavin Builders, Inc. dated August 4, 2006, and/or deemed satisfactory by the City Attorney. V:lapplications\citylawprodlcycom32\ Wpdocs\DO081POO4\OOO 18657.DOC PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of this U day of A t.i &'l/ S T , 200 b; by the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Seller"), and Gavin Builders. Inc , a Virginia Corporation ("Buyer"). WITNESSETH: In consideration of the covenants and agreements of the respective parties herein set forth and in further consideration of a deposit (the "Deposit") of Five Thousand Dollars ($5,000.00), cash in hand paid, receipt of which is hereby acknowledged, Seller hereby agrees to sell, and Buyer hereby agrees to purchase the following described property (hereinafter the "Property") to wit: (Insert legal description) 1. Purchase Price. The total consideration is as follows: ) One Hundred Fifteen Thousand Five Hundred and nolI 00 dollars ($115.500.00) ("The Purchase Price"). The Purchase Price is to be paid in lawful money of the United States of America as follows: a. The Deposit shall be paid by Buyer to Seller upon execution of this Agreement by all parties (the "Execution Date"). The Deposit shall be non-refundable by Seller to Buyer for any reason, other than Seller's default hereunder, and the Deposit shall be applied to the Purchase Price at the time of Settlement, as hereinafter defined. b. The balance of the Purchase Price shall be paid by wire transfer of funds or in cash or by certified check at the time of Settlement. 2. Settlement. a. Settlement proceedings ("Settlement") shall be conducted at the Office of the City Attorney, Real Estate Annex, Building 20, Municipal Center, Virginia Beach, Virginia 23456 or at such other place as the parties shall mutually agree. Seller shall give Buyer at least two (2) business days advance written notice of the date on which settlement shall occur (the "Settlement Date"). Either party's failure to comply with the terms and provisions hereof at the time and in the manner herein prescribed shall be deemed a material breach of this Agreement. b. Seller hereby covenants and agrees to deliver or cause to be delivered to Buyer or Buyer's counsel on or prior to Settlement the following documents and instruments: i. A special warranty deed (the "Deed") conveying good, marketable and insurable fee simple title to the Property, free of all liens and encumbrances except any Permitted Exceptions, herein defined. Seller shall be responsible for obtaining the release of the Property from the liens of any deeds of trust, judgments or items of similar nature. ii. An Owner's Affidavit in form and substance satisfactory to Buyer's title company and Seller to enable the title company to issue its policies of title insurance without exception for mechanics' and/or materialmen's liens, assessments, parties in possession and matters typically addressed in Owner's affidavits. J~ 1 c. Buyer hereby covenants and agrees to deliver or cause to be delivered to Seller on or prior to Settlement the Purchase Price calculated in accordance with and in the manner provided in paragraph 1 hereof, and Buyer's share of closing costs and prorations. d. In addition to the obligations to be performed hereunder by the parties at Settlement, each party agrees to perform such other acts and to execute, acknowledge and deliver, subsequent to Settlement, such other instruments, documents and other material as the other party may reasonably request and shall be necessary in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Property in Buyer. 3. Property Purchased As Is. Buyer purchases the Property "as is," ''where is," and it shall be the responsibility of Buyer to determine whether or not there are any adverse conditions that would prevent Buyer's proposed use of the Property. 4. Prorations. All rents, interest, taxes, utilities and other appropriate items shall be prorated and apportioned on a per diem basis as of the Settlement Date. Assessments, general or special in nature, pending or confirmed, shall be paid or satisfied in full by Seller at Settlement. 5. Costs and Expenses. a. Buyer shall bear cost of obtaining a title report for the Property and all other closing costs associated with Settlement including all recording costs, except for grantor's tax, and transfer taxes, and all title insurance premiums and its own attorney's fees and costs. b. Seller shall prepare the Deed conveying title to the Property to Buyer and shall pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. c. Buyer shall pay for all costs and expenses in connection with the demolition (if applicable), construction, rehabilitation and development of the Property, including without limitation all tap fees, meter fees and drainage, fixture and utility (DFU) fees. 6. Title. a. Buyer shall have up to five (5) business days from the Execution Date to examine the record title to the Property, to furnish Seller with a title commitment (the "Title Commitment") and to notify Seller of any title objections disclosed by such examination (the "Title Objections"). Seller shall notify Buyer within five (5) business days after receipt of Buyer's notice of any Title Objections that Seller elects not to cure or is unable to cure prior to the Settlement Date. Seller agrees to cure all other Title Objections prior to the Settlement Date. If Seller notifies Buyer of any Title Objections that it cannot or will not cure prior to the Settlement Date, then Buyer shall have the option either (i) to terminate this Agreement by written notice to Seller prior to the expiration of the Due Diligence Period, in which case neither party shall have any further rights against or obligations or liability to the other hereunder except as otherwise expressly provided herein, or (ii) to accept any remaining uncured Title Objections. It is understood and agreed that any objections to title not raised by Buyer in accordance with this Paragraph 6 shall be deemed waived. b. If Seller fails to notify Buyer of its inability or election not to cure the Title Objections in accordance with Paragraph 6(a) above, then Seller shall be deemed to have elected to cure all Title Objections prior to Settlement. If Seller has failed to cure anyone or more of the Title Objections it has elected to cure prior to Settlement and is not diligently proceeding to ~ 2 complete such cure, then Buyer may, at its option, either (i) postpone Settlement until Seller has completed such cure, (ii) terminate this Agreement or (iii) agree to accept any remaining uncured Title Objections. c. All restrictions, rights-of-way, easements and encroachments of record on the date of execution of this Agreement which do not constitute Title Objections or that are Title Objections which are either (i) cured by Seller or (ii) subsequently accepted by Buyer in writing as provided above shall be referred to collectively as the "Permitted Exceptions". 7. AccesslRi2ht of Entry. Buyer, or its agents, contractors, representatives, successors and assigns shall be permitted access to the Property for the purpose of inspecting the Property as necessary to plan for the rehabilitation or reconstruction of the Property. It is expressly agreed, however, that: a. The Property is under a condemnation notice from Code Enforcement, Department of Housing and Neighborhood Preservation and maybe an unsafe structure. To gain access to the Property for the purpose of inspecting, Buyer shall contact Joel Sanders, Departinent of Housing and Neighborhood Preservation at 385-1278, Monday- Friday between 8:00 am and 4:30 pm. b. Such access shall be at Buyer's sole risk and expense; c. Seller hereby disclaims any responsibility for, and Buyer hereby assumes all responsibility for any claims, obligations, demands, actions or suits for bodily injury or property damage, or attorneys' fees and costs resulting from defense of same, by any person arising from such access or the conduct of activities on the Property by Buyer, its agents, contractors, representatives, successors and assigns; and d. Neither Buyer nor any of its agents or contractors shall suffer to exist or cause to be created any lien or encumbrance arising from such activities, and Buyer shall repair any damage to the Property resulting from such access. e. The obligations set forth in this Paragraph 7 shall survive Settlement or termination of this Agreement. 8. Seller's Representations. Seller represents and warrants that (i) Seller has the power and authority to enter into this Agreement; and (ii) the undersigned City Manager (or designee) is duly authorized to execute and deliver this Agreement. 9. Use. Buyer intends to use the Property for residential development and shall, after development, transfer the property to an owner-occupant. 10. Renovation. a. Buyer shall commence renovation of improvements on or before the date that is sixty (60) days after delivery of possession of the Property, and, once repairs are started, work must continue steadily until completed. For rehabilitation of the existing structure, obtaining a building permit shall constitute a start. b. Buyer shall rehabilitate the existing structure on the Property in a manner substantially the same as described in the plans attached to this Agreement as Exhibit ~ (the "Plans") and made a part hereof. ~Jf 3 c. All work must be completed in accordance with the Plans and an occupancy permit issued no later than the date that is one hundred twenty (120) days after delivery of possession of the Property. d. Buyer represents and warrants that it will comply with all applicable local, state and federal laws and regulations regarding the demolition, development or construction of improvements on the Property and property maintenance laws, including without limitation complying with the City's site-plan review process and obtaining all required permits. All property maintenance laws must also be complied with. The City's Department of Permits and Inspections shall monitor any work that requires a building permit. The Department of Housing & Neighborhood Preservation will monitor any work not requiring a building permit and will track compliance with completion date and final sales dates as stated in this Agreement. 11. Insurances. Buyer represents and warrants that it has in place and will maintain through final transfer of the Property to an owner-occupant, the following insurances, which are written by companies authorized to do business in the Commonwealth of Virginia and acceptable to the City: A. Comprehensive general liability insurance at limits not less than one million dollars ($1,000,000.00) combined single limits B. Commercial general liability insurance including contractual liability coverage's in the amount not less than one million dollars ($1,000,000.00) combined single limits C. Employees' dishonesty bond at limits not less than one million dollars ($1,000,000.00) and D. Workers Compensation Insurance as required under Title 65.2 of the Code of Virginia 12. Leg:al and Eauitable Enforcement of Ag:reement. a. In the event the consummation of the transactions contemplated herein fail to occur by reason of any default by Seller, Buyer shall have the right to receive the return of its Deposit hereunder. b. In the event the consummation of the transaction contemplated herein fails to occur by reason of any default of Buyer, Seller shall have as its sole remedy, the right to retain Buyer's Deposit as liquidated damages, it being acknowledged and agreed that in such event it would be difficult to ascertain the exact amount of Seller's damages. c. In order to insure (1) the completion of the construction or repairs to the improvements on the Property in a timely manner and in a manner consistent with the Plans and (2) final disposition of the Property to an owner-occupant, the Buyer agrees to post a secured bond in the amount of Two Hundred and Fifty Thousand Dollars ($250,000) to be released upon the completion of the renovations or reconstruction to the existing structure on the Property. The parties further agree that the Deed conveying the Property to Buyer will contain reverter language as follows: This conveyance is made EXPRESSLY SUBJECT to the following covenants and restrictions: the obligation of Grantee to commence construction/repair of the (a) tA1~ 4 existing single-family residential dwelling (the "Improvements") no later than , 20_ [60 days from the Settlement Date] and complete repairs or construction no later than [180 days from Settlement Date]; and (b) the Repurchase Right (as dermed below) of the Grantor. (i) The Grantor shall have the right and option to repurchase the Property (the "Repurchase Right") in the event the Grantee fails to complete repairs or reconstruction of the Improvements no later than , 20_. In such event, Grantor shall exercise its Repurchase Right within 90 days after , 20_ by giving Grantee written notice stating that Grantee is in default of the requirements of this Deed and specifying the nature of the default. Settlement in connection with the Repurchase Right shall occur on or before ten (10) days after the Grantor gives Grantee notice as required in this paragraph, time being of the essence. Grantee agrees to cooperate with Grantor in any actions necessary to accomplish the repurchase. (il) The Repurchase Right shall terminate upon the earlier to occur of the following: a. Failure of Grantor to timely exercise its Repurchase Right in accordance with the provisions of this Deed, or b. Completion of construction by the Grantee. Completion shall mean the dwelling has been rehabilitated or reconstructed in conformity with the plans submitted with the purchase offer and an occupancy permit has been issued. Assuming all requirements of this Deed have been met and Grantee has provided written notification to Grantor that Grantee has commenced construction in good faith, Grantor agrees to deliver to Grantee within 10 days of such notification, a written termination of reverter in a form acceptable to Grantee and capable of being recorded. (c) The purchase price for the Property to be paid by the Grantor to the Grantee in the event the Repurchase Right is exercised shall be Dollars ($ ). 13. Assbroment. Buyer's rights under this Agreement may not be assigned without Seller's prior written consent. 14. Survival. Unless the contex~ otherwise requires, the provisions ofthis Agreement, including any indemnification, covenants, agreements, representations or warranties, shall survive Settlement hereunder and delivery of the Deed. ~ 5 15. Successors and Assi2ns. The terms and provisions of this Agreement are binding upon and will inure to the benefit of the parties, their respective successors and assigns. 16. Condemnation. In the event of a taking of all or any part of the Property by eminent domain proceedings by the state or federal government or other entity having the power of eminent domain (other than the City) or private purchase in lieu thereof, or the commencement of any such proceedings, Buyer, at its option, shall have the right to terminate this Agreement by giving written notice to Seller on or before the Settlement Date, and thereafter no party shall have any further rights against or obligations to any other party hereunder. rfBuyer does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any awards or amounts received for voluntary conveyance in lieu of condemnation or other proceeds received by Seller with respect to any taking. 17. Risk of Loss. The risk of loss by casualty or other reason shall remain with Seller until Settlement. 18. Notices. All notices, requests or other communications under this Agreement shall be in writing and shall be deemed duly given upon delivery to the following applicable addresses either (i) in person or by reputable overnight or other private courier (with receipt therefor); (ii) by certified mail, return receipt requested; or (iii) by facsimile transmittal, provided that the notice shall also be sent, either by certified mail, return receipt requested, or by Federal Express or other reputable overnight courier service within one (1) business day after such facsimile transmittal, as follows: As to Buyer: Gavin Builders, Inc. Mr. Willie J. Gavin 1324 N. Schooner Lane Virginia Beach, V A 23454 757-9593 or 235-1471 As to Seller: Office of the City Attorney Attn: Rebecca Deloria Kubin 2412 North Landing Road, Building 20 Virginia Beach, Virginia 23462 757-385-1835 Fax #: 757-563-1167 Addresses may be changed by written notice given pursuant to this provision. 19. Governin2 LawNenue. This Agreement shall be deemed to be a Virginia contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate the Circuit Court of the City of Virginia Beach, Virginia as the proper venue for all litigation of issues relating to this Agreement. vcrf 6 vJ~ 20. Entire A2reement and Modification. There have been no other promises, consideration or representations made which are not set forth in this Agreement. There may be no modification of this Agreement, except in writing, executed by the authorized representatives of Seller and Buyer. 21. Brokers. Seller and Buyer each warrant and represent to the other that neither party has had any dealings, negotiations or communications with any brokers or other intermediaries that would obligate either one of them for the payment of any real estate commission or fee as a result of this transaction. 22. Counterparts. This Agreement may be executed in any number of counterparts, and all such counterparts taken together shall be deemed to constitute one and the same instrument. [SIGNATURE PAGES FOLLOW] 7 WITNESS the following signatures and seals: SELLER: CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of City Manager (SEAL) ATTEST: City Clerk BUYER: GAVIN BUILDERS, INC., ~. . ',..~ t a V71JJtJ'f'Jli'1J ~ ?~ By: Willie J.i;k~ c. Title: President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by , City Manager/Authorized Designee of the City Manager, of the City of Virginia Beach, this _ day of ,20_. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by Ruth Hodges Smith, City Clerk ofthe City of Virginia Beach, this _ day of ,20_. Notary Public My commission expires: 8 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 4th day of August, 2005, by Willie J. Gavin, President of Gavin Builders, Inc., a Virginia oration, on its behalf He is personal1y known to me. My Commission eXPires~ 3/, dl. 007 . Approved as to Form: dAaa~ ChyAuorney \ H:\OID\REAL ESTATE\Excess\Spot Blight Transfers after Acquisition\PURCHASE AGREEMENT-doc 9 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Temporary Lease/Use of City Park Property (Little Island District Park) MEETING DATE: August 22,2006 Background: ~s you are aware, there is significant condominium construction occurring at the north end of Little Island District Park in Sand bridge. The construction project is anticipated to last through Spring 2008. The construction company, Clancey and Theys, has approached the Department of Parks and Recreation with a request to allow its construction employees to park in a designated area at Little Island District Park during the construction period. Temporary parking spaces are being temporarily re-constructed in a previously used overflow parking area for their use, resulting in no loss of parking spaces available for public use and no loss in parking revenue. In exchang~ for use of the temporary parking area, the construction company has agreed to permanently donate as rent a Bob Cat Model T-250 Track Loader to the City. This piece of equipment will be of great service to the park and will be used to remove wind-blown sand from the formal parking areas, walkways, and other areas. The equipment will not be used to modify or impact any established sand dunes. Additionally, upon completion of the construction project, the construction company has agreed to return the temporary parking area back to its original condition. The total value of the Bob Cat Track Loader is $57,323. This agreement is not only cost beneficial to the City, but also provides a viable solution to the parking congestion and related safety issues caused by the construction employees along Sandpiper Road. Recommendations: Per my letter to you of June 14, 2006, request you authorize me (or my designee) to execute a temporary lease of park property to be utilized by the construction company for its employee parking until Spring 2008, and formally accept the Bob Cat Track Loader as rent for execution of the lease. Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Parks and Recreation ~ City Manager~ \L . Cse&Y'-t 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR LESS THAN FIVE YEARS WITH CLANCY & THEYS CONSTRUCTION CO. FOR 100 PARKING SPACES LOCATED AT THE SOUTH END OF THE LITTLE ISLAND DISTRICT PARK IN EXCHANGE FOR A BOB CAT MODEL T-250 FRONT-END LOADER 9 10 WHEREAS, the City of Virginia Beach ("the City") is the 11 owner of the Little Island District Park in Virginia Beach, 12 Virginia (the "Property"); 13 WHEREAS, Clancy & Theys Construction Co., a North Carolina 14 corporation, ("Clancy & Theys") would like to enter into a 15 formal lease arrangement with the City for 100 parking spaces on 16 the Property in the location shown on Exhibit A attached hereto 17 (the "Premises"); 18 WHEREAS, the Premises will be utilized as an overflow 19 parking lot for the construction employees, equipment and 20 materials of Clancy & Theys and for no other purpose; 21 WHEREAS, Clancy & Theys has agreed to provide the Ci ty 22 with a Bob Cat Model T-250 Front-End Loader for the use of the 23 Premises for a two year period; 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That the City Manager is hereby authorized to execute a 27 lease for a term of less than five (5) years between Clancy & 28 Theys Construction Co., for 100 Parking Spaces located at the 29 South end of the Little Island District Park in accordance with 30 the Summary of Terms attached hereto and such other terms, 31 conditions or modifications as may be satisfactory to the City 32 Attorney and the City Manager. 33 Adopted by the Council of the City of Virginia Beach, 34 virginia on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT Sig~ ?~vtr I- !kt:. Y( J, o~ Department CA10011 R-2 v:\applications\citylawprod\cycom32\Wpdocs\D027\P001\OO018232.DOC August 16, 2006 eo Q) L- <( Q) (/) eo Q) ....J "'C C eo C- eo ~ ~ L- eo ;0 a.. ~ ...... (,) .- L- ...... (/) .- 0 "'C C eo en Q) ...... ...... .- ....J I ~ ...... .- .c .- ..c x W g ~ ..-~J (~4'. 2 SUMMARY OF TERMS LEASE FOR THE USE OF 100 PARKING SPACES LOCATED AT THE SOUTH END OF THE LITTLE ISLAND DISTRICT PARK LESSOR: City of Virginia Beach LESSEE: Clancy & Theys Construction Co., a North Carolina corporation PREMISES: 100 parking spaces located at the south end ofthe Little Island District Park in the City of Virginia Beach. TERM: June 1,2006 through March 31, 2008 RENT: Rent shall be the receipt of a Bob Cat Model T -250 Front-end Loader. RIGHTS AND RESPONSffiILITIES OF CLANCY & THEYS: . Will use the Premises for overflow parking for its employees, equipment and materials and for no other purpose. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. . Will maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSffiILITIES OF THE CITY: . Will have access to the premises at any time, without prior notice, in the event of an emergency. '"'~~:~tZ1 o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Increase the Department of Museums FY 2006-07 Operating Budget by $620,808 and Transfer $225,000 to Capital Project #3-039, "Contemporary Art Center Renovations for Magna Carta 2007" for the Magna Carta Exhibition MEETING DATE: Auqust 22, 2006 . Background: City Council established a Steering Committee in May 2002 for the purpose of planning events and activities to commemorate the 400th anniversary in 2007 of the 1607 landing of the Jamestown settlers at Cape Henry. The Steering Committee recommended an exhibition of an original 1215 exemplar of Magna Carta held by Lincoln Cathedral in England. The exhibit will highlight the English ties to America and Virginia Beach. In November 2004, City Council approved the expenditure of $100,000 toward a feasibility study and business plan. The plan was presented to City Council in November 2005. Lincoln Cathedral has expressed their continued commitment to lend the Magna Carta and other documents and artifacts to Virginia Beach for the 2007 exhibit. The exhibition is scheduled at the Contemporary Art Center of Virginia (CACV) for March 29 through June 17,2007. The CACV is ready to contract with a Virginia design and fabrication firm which has extensive experience with high security exhibitry. . Considerations: Overall, the cost of the exhibition, including building and system upgrades, design, fabrication and installation, and operation for 81 days is projected at $997,808. Currently, within the Department of Museums FY 2006-07 Operating Budget, $152,000 is appropriated for the Magna Carta exhibit. Additional funding of $845,808 is necessary to bring the Magna Carta to Virginia Beach. Of the $845,808, the Department of Museums FY 2006-07 Operating Budget needs to be increased by $625,808 and funding of $225,000 needs to be transferred to new Capital Improvement Project, #3-039 "Contemporary Art Center Renovations for Magna Carta 2007." Revenues are estimated to return $514,550 from ticket and merchandise sales, rental of exhibit panels and sponsor donations. The remainder of the necessary funds for the Operating Budget would come from Reserve for Contingencies in the amount of $106,258. As a part of the project the City and the CACV will spit any profit 50/50. This profit will be determined after all expenses and revenues have been incurred. A new capital project, #3-039 "Contemporary Arts Center Renovations for Magna Carta 2007" would be created with the funds available from three capital projects. Funding totaling $225,000 for permanent building improvements to the CACV is available from Capital Projects #3-367 "Various Buildings Rehabilitation and Renewal Phase II" ($25,000), #3-366 "Various Buildings HV AC Rehabilitation and Renewal Phase II" ($50,000), and #9-260 "Economic and Tourism Development Partnerships" ($150,000). Investments from the City are necessary for physical and systems upgrades to the City-owned CACV building to accommodate the needs of the Magna Carta exhibit. These upgrades will remain as permanent enhancements to the center. The sources of funding are detailed below: Source of Funding Ticket Sale Revenue Merchandise Revenue Exhibit Rental Sponsorships Existing CIP Projects Reserve for Contingencies FY 07 Existing Appropriation Private Contribution $297,675 $70,875 $40,000 $106,000 City Contribution $225,000 $106,258 $152,000 Funding from the City is necessary to allow the exhibit to move forward. The balance of Reserve for Contingencies after this Council action is $536,948 as of August 8, 2006. . Public Information: Public information and notification will be handled through the Council agenda notification process. . Recommendations: It is requested that City Council amend the Department of Museums FY 2006-07 Operating Budget by $620,808 and transfer $225,000 from capital projects #3-367, 3-366, and 9-260 to Capital Project #3-039, "Contemporary Art Center Renovations for Magna Carta 2007." . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Museums ~ CitYManage~ k .~~ 1 2 3 4 5 6 7 8 AN ORDINANCE TO INCREASE THE DEPARTMENT OF MUSEUMS FY 2006-07 OPERATING BUDGET BY $620,808 AND TRANSFER $225,000 TO CAPITAL PROJECT #3-039 uCONTEMPORARY ART CENTER RENOVATIONS FOR MAGNA CARTA 2007" FOR THE MAGNA CARTA EXHIBITION WHEREAS, the Department of Museums has conducted a 9 feasibility study for the operation of the Magna Carta exhibit; 10 WHEREAS, $152,000 has been previously appropriated in the 11 Department of Museums FY 2006-07 Operating Budget for Magna 12 Carta operations; and 13 WHEREAS, the total cost of the operation of the exhibit at 14 the Contemporary Art Center of Virginia is $997,808; and 15 WHEREAS, additional funding of $845,808 is necessary to 16 bring the Magna Carta to Virginia Beach. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That funding for the Magna Carta exhibit in the 20 Department of Museums FY 2006-07 Operating Budget is hereby 21 increased by $620,808, as set forth below: 22 a. $514,550 in estimated revenue from the Magna Carta 23 exhibit is hereby appropriated to the Department of 24 Museums FY 2006-07 Operating Budget. 25 b. $106,258 from Reserve for Contingencies is hereby 26 transferred to the Department of Museums FY 2006-07 27 Operating Budget. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 28 2. That Capital Improvement Project #3-039 "Contemporary 29 Art Center Renovations for Magna Carta 2007" 30 established in the FY 2006-07 Capital Budget. is hereby 31 3. Tha t $225,000 hereby transferred to Capital ~s 32 Improvement Project #3-039 "Contemporary Art Center Renovations 33 for Magna Carta 2007" to provide additional funding for the Magna Carta exhibit as set forth below: a. $25,000 Buildings ~s hereby from #3-367 CIP "Various Rehabilitation and Renewal-Phase II" transferred to CIP #3-039 "Contemporary Art Center Renovations for Magna Carta 2007." b. $50,000 from CIP #3-366 "Various Buildings HVAC Rehabilitation and Renewal-Phase II" is hereby c. transferred to CIP #3-039 "Contemporary Art Center Renovations for Magna Carta 2007." $150,000 from CIP # 9-260 "Economic and Tourism Development Partnerships" is hereby transferred to CIP #3-039 "Contemporary Art Center Renovations for Magna Carta 2007." Any profit generated by the Magna Carta Exhibit shall 4 . 48 be divided equally between the City and the Contemporary Art 49 Center. Profit shall be determined after the revenues and 50 expenses have been incurred. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (#4-()~, Managemenc SerVlces ;e~4~ City Attorney's Office CA1010l V:\citylaw\00018648.DOC R-5 August 15, 2006 ,:~~Q., ,{";"'1~~'~t;,' ""~:-'.."~;' fcE .. _ " ~z> (a: :;:, ~~~~~~ " - - -~--{Jj \o.:.,.._.....~~.:... ~~~.:.~... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between City Council and the Virginia Beach School Board Pertaining to the Provision of Legal Services to the Board by the Office of the City Attorney in Fiscal Year 2007 MEETING DATE: August 22, 2006 . ' Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On August 8, 2006, the attached Cooperative Agreement was approved by the School Board. . Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Assistant City Attorney (Paulette Franklin-Jenkins), and one legal secretary (Eileen Hodge) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. . Public Information: The ordinance is to be advertised as a routine agenda item. . Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Oberndorf to execute it on behalf of the City Council. . Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorn City Manager: ~ \L .~1rI'i 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE VIRGINIA BEACH SCHOOL BOARD FOR THE 4 PROVISION OF LEGAL SERVICES TO THE BOARD 5 BY THE OFFICE OF THE CITY ATTORNEY IN 6 FISCAL YEAR 2007 7 8 9 WHEREAS, the Office of the City Attorney has, for a number of 10 years, provided legal services to the Virginia Beach School Board and 11 School Administration pursuant to Cooperative Agreements; 12 WHEREAS, the Cooperative Agreement for FY 2006, which expires 13 on June 30, 2006, provides that" [t]his Cooperative Agreement... may 14 be revised, as necessary, and renewed each fiscal year ...;" and 15 WHEREAS, City Council agrees that it is in the best interests 16 of the City and the School Board for the Office of the City Attorney 17 to continue to provide legal services to the School Board pursuant~ to 18 the revised Cooperative Agreement for FY 2007. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 1. That the City Council hereby approves the Cooperative 22 Agreement for FY 2007, a copy of which is attached hereto. 23 2. That the Mayor is hereby authorized to execute the 24 Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2006. 1 APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;:e ~ 6=== City Attorney CAI0071 H:\PA\GG\OrdRes\Coop Agmt (Schools)2007 ORD R-3 August 11, 2006 2 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2007 Factual Backf!round: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authoritv. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authoritv to Hire Le!!al Counsel. The School Board is authorized by Section 22.1-82 ofthe Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recof!nized Reasons to Share Lef!al Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Jud2ment of City Attornev. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Councilor the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. 2 A!!reement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: I. Le!!al Staffin!!. The Office of the City Attorney will provide the equivalent of two and one half (2 Y2) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2007 these services to be provided as follows: A. The City Attorney will dedicate two attorneys on-site at the School Administration Building to the School Board and the School Administration who will devote all of their time (i.e., 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Paulette Franklin-Jenkins, Assistant City Attorney. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote all of her time to the support of legal services to the School Board and Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. Attorneys assigned to handle School Board matters may hold regular weekly office hours in the School Administration Building and will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in- house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the dedicated attorneys shall be 3 mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the School Board expresses dissatisfaction with the legal services provided by the dedicated attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board members. 3. Manal!ement of Lel!al Affairs. The City Council and the School Board recognize and understand that the Schdol Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and 4 shall assist the School Board and Administration in the management of the School Board's legal matters; and that the City Attorney shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concernine Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Abilitv to Provide Leeal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions ofthis Agreement, and ethical constraints as they may arise. 6. Nature of Aereement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board rnT requests in the amount of $305,866.95 from its FY 2007 Operating Budget to the FY 2007 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. rnT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 5 8. Term and Termination of Aereement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1,2006, and ends June 30, 2007, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF CITY OF VIRGINIA BEACH By: ~~c1w~ Daniel D. Edwards, Chairman CITY COUNCIL, CITY OF VIRGINIA BEACH By: Meyera E. Oberndorf, Mayor School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on Aug~f 1 ,2006. By: ,1I.IJ;"'..u..L fJ. ~ School Board Clerk City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on ,2006. By: City Clerk 6 ,&~i: "'1~\ f,.l....;;.... ...<:._~ ~~~t.u' ~,,,,,,,,,,",,,,,tI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Require Certain Disclosures Regarding Recreational Areas to Prospective Purchasers of Property in the Princess AnnelTransition Area MEETING DATE: August 22, 2006 . Background: The Princess AnnefTransition Area is undergoing substantial residential development. The Comprehensive Plan calls for at least 50% of the area of a development to be left in open space, much of which is open to the public at large. . Considerations: Councilwoman Barbara M. Henley has requested that an ordinance be brought forward in order to provide prospective purchasers of property in the Transition Area with notice that open space and other recreational areas in the subdivision are available for use by members of the general public and that the homeowner's association is responsible for maintaining insurance on the open space and other recreational areas. . Public Information: Public notice of the proposed ordinance is through the normal agenda process. No special form of public notice is required . Recommendations: Adoption of ordinance. . Attachments: Proposed ordinance Recommended Action: Adoption of ordinance Submitting Department! Agency: Requested by Councilwoman Barbara M. Henley City Manager: 1 2 3 4 5 6 7 8 9 10 REQUESTED BY COUNCILWOMAN BARBARA M. HENLEY AN ORDINANCE TO REQUIRE CERTAIN DISCLOSURES REGARDING RECREATIONAL AREAS TO PROSPECTIVE PURCHASERS OF PROPERTY IN THE PRINCESS ANNE/TRANSITION AREA (a) The provisions of this ordinance apply shall 11 apply to all transfers by sale, exchange, installment land sales 12 contract, or lease with option to buy, whether or not the 13 transaction is with the assistance of a licensed real estate 14 broker or salesperson, of any residential real property located 15 within the Princess Anne/Transition Area, as identified in the 16 Comprehensive Plan, in any subdivision in which open space or 17 other recreational areas are open to the general public. 18 (b) Prior to the acceptance of a real estate purchase 19 contract, the owner of any residential real property described 20 in subsection (a) shall furnish to a prospective purchaser, 21 either in the real estate purchase contract, in an addendum 22 thereto, or in a separate document, a disclosure that: 23 ( 1) Open space and other recreational areas in the 24 subdivision are open to, and available for use 25 by, members of the general public without regard 26 to ownership of property within the subdivision; 27 and 28 (2) Where the open space or other recreational areas 29 wi thin the subdi vision are owned by a property 30 owner's association or equivalent entity, such 31 association or equivalent entity is responsible 32 for maintaining liability insurance against 33 losses occurring to persons using the open space 34 or other recreational areas. 35 36 Adopted by the City Council of the City of Virginia 37 Beach, Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~ ft!./tIaol City Attorney's Office CA-10086 OID\Land Use\Ordres\TA disclosure ordin.doc R-2 August 7, 2006 2 ..l~ttwii:1~. ~~:11~r'"".~~ f_........ S~ \~:~~~~;l~W .....................' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the FY 2006-2007 State Performance Contract Between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services MEETING DATE: August 22,2006 . Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through the performance contract with local Community Services Boards. The contract requires localities to specify how funds will be used and the number of persons served with state, federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. . Considerations: Under this contract the Commonwealth provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its July 27, 2006 meeting. . Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia 937.1-198. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office. The contract was also posted on the City's Internet site. . Alternatives: Pursuant to Code of Virginia 937.1-198, if City Council does not approve the proposed performance contract by September 15, 2006, the contract shall be deemed approved. Rejecting the performance contract would mean losing $9,423,798 in State and Federal funding, and risking the loss of an additional $14,614,836 in Medicaid and other fee revenues. . Recommendations: It is recommended that City Council adopt the attached resolution approving the FY 2006-2007 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. . Attachments: Resolution and Summary of Performance Contract Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Human service~~ ~\ti.\.) City Manage~ y-. ~tI'oz. 1 2 3 4 5 6 7 8 A RESOLUTION APPROVING THE FY 2006-07 PERFORMANCE CONTRACT BETWEEN THE VIRGINIA BEACH COMMUNITY SERVICES BOARD AND THE VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That the City Council hereby approves the FY 2006-07 11 performance contract between the City of Virginia Beach 12 Community Services Board and the Virginia Department of Mental 13 Health, Mental Retardation, and Substance Abuse Services, which 14 provides State controlled performance contract funding to the 15 Community Services Board. 16 Adopted by the Council of the City of Virginia Beach, 1 7 Virginia on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , hmce 2- K . 4ii- City Attorney's flce CA10102 V:\citylaw\00018680.DOC R-3 August II, 2006 City of Virginia Beach DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE DIVISION (757) 437.0100 FAX (757) 490-5736 TOO (757) 437.0150 297 INDEPENDENCE BOULEVARD PEMBROKE SIX, SUITE 208 VIRGINIA BEACH, VA 23462-2891 DATE: July 11, 2006 FROM: Citizens of Virginia Beach Martha S McClees, Virginia Beach Community Services Board Chair ~A /J'l TO: SUBJECT: FY 2007 Community Services Performance Contract This summary of the proposed SFY 2007 (July 1, 2006 - June 30, 2007) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Units of service and estimated numbers of consumers to be served are based solely on funds made available through Medicaid, state and federal sources; services supported by local funding are not part of the State Performance Contract and therefore are not reflected in the data. The attached table is a summary of the core services and covered MR Waiver services, units of service, and funding levels projected to be paid for by funds provided and reported through the Performance Contract. FY 2007 C 't S P ommunHV ervlces erformance Contract Pro[ osal Summarv Proposed #of Program Service Unit Funding Units of Service Consumers Mental Health Emergency Services $1,080,339 12,579 Hours 1473 Outpatient Services $2,342,529 23,870 Hours 1648 Case Management Services $1,658,311 33,406 Hours 1455 Group Supported Employment $36,845 1,040 Days 14 Highly Intensive Residential Services $960,800 2,578 Days 386 Consumer Monitoring Services $16,073 156 Hours 36 Day Treatment/Partial Hospitalization $752,058 69,371 Hours 310 Rehabilitation/Habilitation $1,497,693 165,238Hours 352 Individual Supported Employment $106,939 1,313 Hours 33 Supervised Residential Services (551) $1 ,245,133 24,455 Days 120 Supportive Residential Services (581) $284,013 6,056 Hours 150 Mental Retardation Case Management Services $1,693,140 31,668 Hours 700 Rehabilitation $2,396,314 114,405Hours 145 Consumer Monitoring Services $8,797 364 Hours 70 Supportive Residential Services $1,428,761 21,476 Hours 35 Supervised Residential Services $2,254,104 9,559 Days 30 Early Intervention $217,411 3,640 Hours 567 Group Supported Employment $570,043 5,250 Days 35 Individual Supported Employment $0 o Days 0 Highly Intensive Residential $1,963,375 4,674 Days 13 Medicaid Mental Retardation HCB N/A N/A 178 Waiver Services Substance Abuse Outpatient $471,399 7,172 Hours 621 Case Management $465,783 5,615 Hours 200 Day Treatment/Part. Hosp. $353,184 8,586 Hours 60 Substance Abuse Social Detoxification $1,212,139 2,463 Hours 562 Services SA State MH Facility Admission N/A N/A 32 Diversion Project Intensive Residential Services $196,446 3,449 Bed Days 72 $359,551 8,570 Hours 85 Proposed # of Program Service Unit Funding Units of Service Consumers Supportive Residential Services Prevention Services $1,505,419 24,946 Hours N/A Administration Administrative Support $2,742,055 N/A. N/A. The full proposal is available for review and public comment beginning July 12,2006 through August 11, 2006 at the following locations: Virginia Beach Department of Human Services Administrative Offices 3432 Virginia Beach Blvd Virginia Beach, Va 23462 Phone: 437-3345 Virginia Beach Central Library 4100 Virginia Beach Blvd Phone 431-3001 City of Virginia Beach Public Information Office Municipal Center, Bldg #22 Phone 427-4111 City of Virginia Beach Clerk's Office Municipal Center, Bldg #1, Room 281 Phone 427-4303 City of Virginia Beach Web Site www.vbQov.com/deptlhs/mhmrsa/contact The contract will be acted on by the Virginia Beach Community Services Board at its July 27th Meeting. Once approved by the Board, the proposal will be forwarded to City Council for consideration and approval tentatively scheduled for August 15th. Following City Council approval, the proposal will be submitted to the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. Please provide any written comments to the following address: Helen Wen Department of Human Services 3432 Virginia Beach Blvd, 3rd Floor Virginia Beach, VA 23462 Or Email to:Hwen@vbgov.com M. PLANNING 1. Applications of MATHEWS GREEN ASSOCIATES, L.L.C., re the development of a residential community with forty-nine (49) single-family lots at 2217 Matthews Green (deferred July 18, 2006) DISTRICT 7 - PRINCESS ANNE a. Change ofZoninf! District Classification from AG-1 Agricultural District to Conditional R- 20 Residential District with a PD-H2 Overlay b. Discontinuance. closure and abandonment of portions of Mathews Green east of Princess Anne Road RECOMMENDATION: APPROVAL 2. Application of TERRY O'DONNELL for a Conditional Use Permitre commercial kennel at 3596 Landstown Road (DISTRICT 7 - PRINCESS ANNE) STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: APPROVAL DENIAL 3. Application of CAROL CASE for a Conditional Use Permit re a home occupation (wildlife rehabilitation) at 113 Matt Lane (DISTRICT 6- BEACH) STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: APPROV AL DENIAL 4. Applications of GERALD FREEMAN at 5677 and 5681 Morris Neck Road (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from AG-2 Agricultural to Conditional B-2 Community Business b. Conditional Use Permit for automobile repair garage RECOMMENDATION: APPROVAL 5. Application ofVIST ACOR PARTNERS, LLC for a Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural to Conditional B-2 Community Business re an office and retail center at Dam Neck and Princess Anne Roads (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 6. Application ofVENTUREAST TWO CORP. for a Change ofZoninf! District Classification from 0-2 Office to H-l Hotel re a hotel at Cleveland Street and Newtown Road. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROV AL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Vir- ginia Beach will be held in the Council Chambers of the City Hall Building, Municipa! Center, Virginia Beach, Vir. ginia, on Tuesday, August 22, 2006 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 2 - KEMPSVILLE Ventureast Two Corp., a Virginia Corporation Application: Chanee of Zonine District Classification from 0-2 Office to H.1 Hotel located on the south side of Cleve- land Street. (GPIN 1467260472 existing; 1467261339 - after subdivision). The Comprehensive Plan designates this site as being within Strategic Growth Area 3 . Newtown Area, suitable for a mix of mid to high-rise office buildings, as well as low-intensity industrial and related non-residential uses. The purpose of this rezoning is to develop a hotel. DISTRICT 7 - PRINCESS ANNE Vistacor Partners, L.L.C. Application: Chanee of Zon- ine: District Classification from AG-1 and AG-2 Agricul. tural to Conditional B-2 Community Business at the northeast intersection of Dam Neck and Princess Anne Roads. (GPINs 1485909486; 1485901501; 1485807898; part of 1485910167;part of 1485910006; 1484999748; 1484091664; 1484092567). The Comprehensive Plan designates this site as part of Strategic Growth Area 11 - West Holland Area and as part of the Princess Anne Corridor, recom- mended for institutional/office, educational, or retail commercial uses consistent with the recommendations of the Plan. The purpose of this change of zoning is to develop the site with a retail and office center. Gerald Freeman Application: Chane:e of Zoning Dis- trict Classification from AG-2 Agricultural to Conditional B-2 Community Business at 5677 and 5681 (portion of) Morris Neck Road (GPINs 2309916281 and 2308992274 [portion of]). The Comprehensive Plan des- ignates this site as being within the Rural Area, appro- priate for agriculture and Jelated uses, including rural dwellings and appropriately located commercial support uses. The purpose of this rezoning is to develop the site for an automobile repair garage. Gerald Freeman Application: Conditional Use Permit for an automobile repair garage at 5677 and 5681 (por- tion of) Morris Neck Road (GPINs 2309916281 and 2308992274 [portion of]). Terry O'Donnell Application: Conditional Use Permit for a commercial kennel at 3596 landstown Road (GPIN 1484643703). DISTRICT 6 - BEACH Carol Case Application: Conditional Use Permit for a home occupation (wildlife rehabilitator) at 113 Matt lane (GPIN 2407743456). All interested citizens are invited to attend. r;-4~ 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 httD:/ /www.vbl!ov.com/deDt/Dlanninl!/boards/Dc 1. 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. (TOD- Telephonic Device for the Deaf). Beacon August 6 & 13, 2006 15553505 - 24- Item v'J.l.a/b. PLANNING ITEM # 55459 Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7502, represented the applicant and requested a thirty-day DEFERRAL. Attorney Nutter expressed appreciation to Council Lady Henley for providing a copy of the correspondence ofChiefCade. The applicant wishes to address his concerns and also examine the issue relative connectivity (recommendation instead of a vehicular connection, there be a trails connection). Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of August 22, 2006, Ordinances upon application of MATHEWS GREEN ASSOCIATES, L.L.e. re the development of a residential community with forty-nine (49) single-family lots for a Conditional Change of Zoning and Discontinuance, closure and abandonment of portions of Mathews Green: ORDINANCE UPON APPLICATION OF MATHEWS GREEN ASSOCIATES, 1.1.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO CONDITIONAL R-20 WITH A PD- H2 OVERLAY Ordinance upon application of Mathews Green Associates, 1.1. C. for a Change of Zoning District Classi{i.cationfrom AG-1 Agricultural District to Conditional R-20 Residential District with a PD-H2 Overlay on property located at 2217 Mathews Green (GPIN 2404949948). DISTRICT 7 - PRINCESS ANNE AND, Ordinance upon application of Mathews Green Associates, L.1. C. for the discontinuance, closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of its intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and the southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road. DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18,2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mathews Green Associates, L.L.C. - Change of Zoning District Classification, 2217 Matthews Green (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: August 22, 2006 . Background: Application of Mathews Green Associates, L.L.C. for a Chanqe of Zoninq District Classification from AG-1 Agricultural District to Conditional R-20 Residential District with a PD-H2 Overlay on property located at 2217 Mathews Green (GPIN 2404949948). DISTRICT 7 - PRINCESS ANNE This request was deferred at the July 18 City Council meeting at the request of the applicant. No additional information has been provided to staff since that meeting. . Considerations: The applicant proposes to rezone the existing agricultural property in order to develop a residential community consisting of 49 single-family lots. 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 per developable acre provided the development meets certain criteria defined within the Comprehensive Plan. The site consists of 49.32 acres. There are non-tidal wetlands located in the wooded area shown on the proffered plan; however, these wetlands are not the type identified in the City Zoning Ordinance as being ineligible for density. Thus, the entire 49.32 acre site is used for the purpose of determining residential density. The Transition Area "Matrix" was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.99 dwelling units per acre. This score translates to a total of 49 units. Staff's evaluation reveals that this proposal is consistent with the recommendations of the Comprehensive Plan as contained in the Transition Area Design Guidelines. In conjunction with this proposal, the applicant is proffering the dedication of land to the City of Virginia Beach for the proposed realignment of Princess Anne Road. The applicant also proposes to dedicate land to Nimmo Church as additional buffer when Princess Anne Road is realigned. The applicant worked with the two homeowners across Princess Anne Road next to Nimmo Church to Mathews Green Associates, L.L.C. Page 2 of 3 locate four of the residential lots to form a small neighborhood at the time of the Princess Anne Road realignment. The applicant also coordinated with the adjacent property owner across Mathews Green (veterinary clinic) to provide a better access on Princess Anne Road for both properties. In response to concerns from the adjoining neighborhood and from the Planning Commission, the applicant revised the plan after the Planning Commission hearing. The revision eliminates the potential for a direct roadway connection between this proposed development and the adjacent Three Oaks neighborhood. The revision does, however, include a pedestrian trail connection between the two neighborhoods in lieu of the roadway connection, which was acceptable to the adjoining neighborhood. The revised plan is attached. It should be noted that the elimination of the direct roadway connection is contrary to the Subdivision Ordinance's design standards for streets (Section 4.1.b). Such connections are encouraged as a means of improving access to residential communities by emergency response vehicles, school buses, public service vehicles, and residents. City and School agencies, in their review of subdivision plans, consistently emphasize the need for such connections. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve the 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: ~ V-,~~ ~~. C::;i1:y of -V-:n-g:i:rria..13ea..ch DEPARTMENT OF FIRE 757-385-4228 FAX (757) 385-5676 VBgov.com MUNICIPAl. CENTER BUIlDING 21 2408 COURlHOUSE DRIVE VIRGINIA BEACH. VA 23456-906S INTER-OFFICE MEMORANDUM DATE: July 14,2006 . TO: FROM: Mr. James K. Spore, City Manager Chief Gregory B. Cade, Fire SUBJECT: Mathews Green The original submittal for the above subdivision had plans that showed two entrances off of Mathews Green and a neighborhood tie in with Kindling Hollow in Three Oaks. The applicant submitted the proposal for residential development depicting connection to the existing street tie within the adjacent neighborhood based on the City's Subdivision Regulations Design Standards. Section 4.1.b.1 states "provide for continuation or appropriate projection of existing arterial or collector streets in surrounding area." In addition, on Mathews Green there is an entrance through the veteri nary clinic on private property if there is a traffic interruption at Princess Anne and Mathews Green. During the Planning Commission meeting, the street connection on Kindling Hollow into Three Oaks was closed and changed into a bike and walking path. This change is unacceptable to the Fire and EMS Departments which view secondary access to subdi visions as critical to service delivery. If the street connection is not acceptable, a gated access can be negotiated that would be normally closed to through traffic. This will provide for emergency access when the primary route is obstructed by traffic, trees, wires down, snowdrifts, flooding or any other man made or natural incident that closes the primary entrance. As a non-binding standard, Appendix 0 of the 2003 International Fire Code, a nationally recognized document (attached), is referenced. Attachments c: Mr. Charlie W. Meyer Chief Bruce W. Edwards Chief A. M. Jacocks, Jr. Mr. Robert Scott APPENDIX: 0 FIRE APPARATUS ACCESS ROADS Tlte provisiOlI.~ contained in this appendix are not mandatory lln~ess specijically referenced in the adopting ordinance. 60' -<-I .: - t~ 60' , ~R S)r:~; TYP' /~.I c"26. SECTION 0101 GENERAL D101.J Scope. Fire apparatus access roads shall be in accor- dmlCe with tbis appendix and all Qther applicable requirements of lhe International Fire Code. SECTION 0102 REQUIRED ACCESS D1021 Access and loading. Facilities. buildings or portions of buildings hereafter constmcted shall be accessible to fire de- partment apparatus by way of an approved fire apparatus access Toad with an asphalt. concrete or other approved driving sur- face capable of supporting the imposed load of fire apparatus weigbing at least 75,000 pounds (34 050 kg). SECTION D103 MINIMUM SPECIFICATIONS D103.1 Access road width with a hydrant. Where a fire by- _..___..ldrant is located on a fire apparatus access road. the minimum road width shall be 26 feet (7925 mm). Sce Figure D 103.1. DI03.2 Grade. Fire apparatus access roads sball not exceed 10 percent in grade. E..~ceptjon: Grades steeper than 10 percent as approved by the fire chief. (~ ~'-70'P' j~ ~Q2 ---28' R ['.---- 28' ~ - TYP: TYP. ----; .~__ 20' 26' -..-, .....- 96' DIAMETER CUL-DE-SAC 70'DIAMETER CUL-DE-SAC I } 30' .-.j _..~,... !..--'30' ./:IT.' ;.. I ~-",. 28' R- TYp.' . i l' 20' 60' HAMMERHEAD 120' HAMMERHEAD F". SI:. 1 fool = 3()4.~ rum. Dl()3.3 Thming radius. The minimum turning radius shall he determined by the tire code official. DI03.4 Dead ends. Dead-end fire apparatus access roads in excess oj' 150 ft:t::t (45 720 mm) shall he provided with width and turnaround provisions in accordance with Table D I 03.4. TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH (feet) (feel) TURNAROUNDS REQUIRED 0-150 2U None required 12()'fool Hammerhead. 60-tOot"V" or 151-500 20 96...fool-diameter cu I-de-sac in accordance wilh Figure D103. t l20-foot Hammerhead, 60-fool "V" or 501-750 26 96...foot-diameler cuJ-dc-s,"Ic in accordance wilh Figure 0103.1 Over 750 Special approval required For S/: / fool = 304.8 mm. D103.5 Fire apparatus access road gates. Gates securing the fire npparatus access roads shall comply with all of the follow- ing criteria: J. The minimum gate width shall be 20 feet (6096 mm). JO"'0-/ .. ' "--26' R TYP.' -.;' 1--- 20' 20'~ ';-...-26' 20'J "'--20' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD MINIMUM CLEARANCE AROUND A FIRE HYDRANT 28' R-\ TYP: \ I ,. .:i.. ~_L~-' ,.- ) ~.I - <-20' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD FIGURE 0103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND 2003 INTERNATIONAL FIRE CODE@ 375 APPENDIX D 1. Gates sh:J1I be of the swinging or sliding type. 3. Cnnstnlction of gates shall be of materials that allow manual operJtion by one person. 4. Gate I.:omponents shall be maint~lined in an operative condition at a1\ times and replaced or repaired when de- fective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency ac- cess. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opem:d by means of forcible entry tools. 7. Locking device specifications shall be submitted for ap- proval by the fire code official. DI03.6 Signs. Where required by the fire code official, fire ap- paratus access roads shall be marked with permnnent NO PARKING-FIRE LANE signs complying with Figure DI03.6. Sign.. shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 rom) high and have red letters on a white reflective background. Signs shall be posted on one OT both sides of the fire apparatus road as required by Section DI03.6.1 or D103.6.2. SIGN TYPE -AM SIGN TYPE 'CM SIGN TYPE "0" I':::=.=-~ II NO~ - J-- NO I NO~ j PARKING I PARKING PARKING , FIRE LANE IBM 'flRELANE( J FIRE LANE I .-.. ... iL- I i I ~- 12" -- ~ ~,-,--- 12" --~ ! -, 12'-i FtGURE 0103.6 FIRE LANE SIGNS DI03.6.1 Roads 20 to 26 feet in width. Fire apparatu5 ac- cess roads 20 to 26 feet widt: (6096 to 7925 mm) shall be posted un bulh sides as a -tire lane. DI03.6.2 R02ds more than 26 feet in width. Fire appara- IUs access roads more than 26 feet wide (7925 mm) to 32 feet wide (9754 111m) shall be posted on one side of the road as a fire la ne. SECTION 0104 COMMERCIAL AND INDUSTRIAL DEVELOPMENTS DI04.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall havl:: alleasllhree means of fire ap- paratus access fur each structure. 1)104.2 RlIiJciings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 376 62,000 square feet (5760 m2) shall be provided with two sepa- l-;lte and approved fire apparatus access roads, Exception: Projects having a gross building area of up to 124,000 squan:: feel (II 520 m2) that have a single approved fir~ apparatus <lccess road when all huildings are equipped Ihroughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two access roads lire required, they shall be placed a distance apart equal to not less than one naif of the length of the maximum overall diagonal dimension () f the property or area to be served. measured in a straight line !>etween accesses. SECTION 0105 AERIAL FIRE APPARATUS ACCESS ROADS 0105.1 Where required. Buildings or portions of buildings or facili ties exceeding 30 feel (9144 mm) in height above the low- e~t level of fire department vehicle access shall be provided with approved tire apparatus access roads capable of accom- modating tire department aerinl appamtus. Overhead utility and power lines shall not be located within the aerial fire appa- ratus access roadway. 0105.2 Width. Fire apparatus access roads shall have a mini- mum unobstructed width of26 feet (7925 mm) in the immedi- ate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. D105.3 Proximity to building. At least one of the required ac- . cess routes meeting this condition shall be located within a minimum of 15 feel (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. SECTION 0106 MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS D106.1 Projects baving more than 100 d\Vellin~ units. Mul- ti ple- family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and ap- proved fire apparatus access rualls. Exception: Projects baving up to 200 dwelling units may havc a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2 of the Jllremati0l101 Fire Code. DI06.2 Projects having more than 200 dwelling unit<;. Mul- tiple- family residential projecls having more than 200 dwelling units shall be provided with two separate and approved fire ap- paratus access roads regardless of whether they are equipped with an approved automatic sprinkler system. I SECTION 0107 ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS D 107.1 One- or tWD-family dwelling residential develop- ments. Developments of one- or two-family dwellings where the number of dwelling units excceds 30 shall be provided with ) 2003 INTERNATIONAL FIRE CODE@ APPENDIX D separate and approved fire apparatus access roads, and shall meer the requirements of Section DI04.3. Exceptions: 1. Where there are 300r fewer dwelling units on asingle public or private access way and all dwelling units are protected by approved residential sprinkler systems, access from two directions shall not be required. 2. The number of dwelling units on a single fire appara- tus access road shall not be increased unless fire appa- ratus access roads will connect with future development, as determined by the fil'ecode official. .. J ----...----..-.-.... -.-- ----- } . t ~ ) ) DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2191 IN REPlY REFER TO: ~ 5726 Ser 331031 January 17, 2006 IS. Karen prochilo Xunicipal Center )epartment of Planning 2405 Courthouse Drive, Building 2 Tirginia Beach, VA 23456-9040 Dear MS. Prochilo: Thank you for the opportunity to comment on the proposal nade by Mathews Green Associates, LLC to develop a 49-home community off Princess Anne Road, northeast of the Three Oaks subdivision. The development 'site is zoned AGl and Mathews Green Associates, LLC seeks a change to Conditional R-20 (PHD~ 2). The land also lies wholly within the 65 to 70 dB DNL sound contour. The Navy'S Air Installation Compatible Use Zone (AICUZ) Program designates residential development in this contour as incompatible. However, the 2005 Hampton Roads Joint Land Use Study produced no constraints on development in the 65 to 70 dB DNL sound contour. I therefore recommend that you invite representatives of Mathews Green Associates, LLC to contact my Community Planning Liaison Officer, Mr. Ray Firenze, should they have any questions about the Navy's AICUZ Program or the potential impact on this property from air operations at Naval Air Station Oceana. Mr. Firenze may be reached at (757) 433-3158. copy to: COMNAVREG MIDLANT (OO/N02B) LANTDIV Mayor Meyera Oberndorf Virginia Beach City council Virginia Beach Planning Commission /.,. . ".'. . j"" , .:>/ Jf.N 2: G 2.000 ... ..~,., .~. -..._~,.;.':!:.~~~.::"~-f~/.:_..:L:'~'__:Lf}:f .' .... ~~\I~':~' ~ ~:t,<:;..~~'\ .~... ~~'.... ~ ~ '~_1O ~ Kathleen Hassen From: Sent: To: Subject: Stephen J. White Tuesday, July 18, 2006 8:33 AM Kathleen Hassen Mathews Green AICUZ Letter Attachments: matthews_AICUZ.tif matthews_AlC UZ.tif (50 KB) Kathleen, The letter is attached. It was not included in the staff report, as the Navy noted that the site is in the 65 to 70 AICUZ, an area governed by the JLUS. The JLUS notes that the Comprehensive Plan's land use recommendations apply within this AICUZ. Sound attenuation, which is required by ordinance, applies. Stephen J. White, Ph.D., AICP Department of Planning Planning Evaluation Coordinator Rm. 115, Bldg. 2, Municipal Center 2405 Courthouse Dr Virginia Beach, VA 23456 swhite@vbgov.com <blocked::mailto:swhite@vbgov.com> Direct Phone: 757.385.8610 Main Office Phone: 757.385.4621 Fax: 757.385.5667 1 Mathews Green Associates, L.L.C. Page 3 of 3 SITE PLAN AS REVISED SINCE PLANNING COMMISSION ;:; ~$ ~i~5 --s ~Z~ ~ " !U~~~~~ ~ e=-~'~;"~~~;;;~t S=N~e<6"":::: ~.~~~~ ~:~~:.;;- ~"';:^-~.:$ - "", , :l- t 1. .. I ~ U')~ $ ~ II~ I w~ ~~~_ ..~:cw :s ~t1 ;..... ~ .-l. ~ ~~ 12 ....",.., SB'.~. ifi... ; """ ~ I~} ;l'~ ~!i ~l . .. ! , I ... ~ ~ I ~ ,..8 .. u ~... i ! ,.., ,..- ! v ?i ~ - .. 1 I MATHEWS GREEN ASSOCIA TES, L.L.C. Agenda Item 17 June 14, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Chanqe of Zonina District Classification from AG-1 and AG-2 Agricultural Districts to R-20 Residential District with a PD-H2 Overlay. ADDRESS I DESCRIPTION: Property located at 2217 Mathews Green. GPIN: 24049499480000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 49.32 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing agricultural property in order to develop a residential community consisting of 49 single-family lots. In conjunction with this proposal, the applicant is proffering the dedication of land to the City of Virginia Beach for the proposed realignment of Princess Anne Road. In addition, the applicant proposes to donate additional property to Nimmo Church with the realignment of Princess Anne Road. LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Undeveloped rural residential site · Across Mathews Green is a veterinarian's office and 7-11 / B- 1 A Limited Community Business District and B-2 Community Business District · Across Princess Anne Road is Nimmo Church and rural residential / 0-2 Office District, R-20 Residential District and AG-2 Agricultural District ;.,...._v\~...,.....}';.\.,.t..,., ,;:,>>-,- ';: ~ ,i-"',^:,,'<-i"\~. "",r . '~, ':.:<> / }- >\ ";' -<:..,,; .,' ,'~-,. -;" " ,-,"'-", -'^~):.. ,""-" MATHEWS GREEN ASSQ~JATES, L.LC. Agenda It .17 . . ..eCi9,~) . East: . Single-family residential and undeveloped agricultural land / R- 20 Residential District and AG-1 & AG--2 Agricultural Districts . Undeveloped agricultural land / AG-1 & AG--2 Agricultural Districts . Single-family residential / R-20 Residential District South: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is treed. AICUZ: The site is in an AICUZ of 65 dB Ldn to 70 dB Ldn surrounding NAS Oceana. The Navy's Air installation Compatible Use Zone (AICUZ) Program designated residential development in this contour as incompatible. However, the 2005 Hampton Roads Joint Land Use Study produced no constraints on development in the 65 to 70 dB DNL sound contour. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The proposed Mathews Green subdivision as shown on the rezoning exhibit's site layout has a connection to Princess Anne Road opposite Huckleberry Trail as the main neighborhood access point. This intersection will allow both left and right turns to and from Princess Anne Road. The secondary access point shown on Princess Anne Road at the existing intersection with Mathews Green, south of the Princess Anne / General Booth Boulevard Road intersection is proposed to be closed to public traffic. The segment of Princess Anne Road south of General Booth Boulevard will be improved to a four-lane divided roadway as part of the Princess Anne Road Phase VII project which is currently scheduled for construction in 2015. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 22,688 ADT 1 Four lane section: Existing Land Use -z_ Road (four- (2005) 28,200 ADT ' (Level of 10 ADT laneltwo lane Service "C") Proposed Land Use 3 - minor suburban 30,600 ADT ' (Level of 469 ADT arterial -west of Service "0") General Booth Two lane section: Boulevard) 15,000 ADT ' (Level of Service "0") 16,200 ADT ' (Level of Service "E") Princess Anne 14,079 AOT 13,600 AOT 1 (Level of Road (two lane (2005) Service "C") minor suburban 15,000 AOT 1 (Level of arterial -south of Service "0") General Booth Boulevard) Average Dally Tnps 2 as defined by agricultural zoning 3 as defined by weekdays based on 49 single family homes The developer will be required to provide a right turn lane on Princess Anne Road at the proposed Mathews Way intersection. Traffic engineering acknowledges that a standard right turn lane cannot be built because of right-of-way limitations. Right-of-way requirement will be determined at the time of site plan review. Associated with the connection to the Three Oaks neighborhood, the developer will be required to design and install traffic calming devices such as median islands within the Mathews Green subdivision to discourage cut- through traffic. On the southbound (inbound) side of the median on the proposed Mathews Way from Princess Anne Road to the median opening for the veterinarian entrance, the pavement width must be 24 feet. This width will allow Mathews Green residential traffic to bypass vehicles waiting to turn into the veterinarian entrance. The proposed left turn lane on Princess Anne Road at Mathews Way must meet Public Works Standards for storage bay and taper length. STORMWATER MANAGEMENT: A stormwater management plan for water quantity and quality in accordance with the Public Works. Specifications and Standards must be developed for the proposed subdivision and the four lots backing on the proposed Princess Anne Road Realignment. Typically the size of stormwater management facilities range from 10 % to 15% of development. The proposed stormwater management facility appears to be less than the range and may require reconfiguration. The proposed development must ensure that the drainage of upstream property / drainage areas through the property by sheet flow / conveyance system is maintained. Easements will have to be dedicated if the existing sheet flow / conveyance system are blocked or redirected by development. Any stormwater management plan must include lots 46 through 49. WATER: This site must connect to City water. There is an existing 16-inch water main in Mathews Green. SEWER: There is no City sanitary sewer fronting this site along Mathews Green. City gravity sanitary sewer is not available. Private grinder pumps and force main may be an option. If flows enter an existing pump station area, analysis of the pump station and the sanitary sewer collection system is required to ensure future flows can be accommodated. PARKS AND RECREATION: It is recommended that the proposed Open Space / Preservation Area be dedicated to the City since this ensures that the Transition Area Buffer along the Princess Anne Road Realignment and the trail system will be coordinated. The walking path within the homeowner association open space must be a minimum of six feet wide and ,"'. \"y:'" J:',.-....,-'~,:;'.,.'"::., ;):,.~.,p ,-., .v.,~"'-.-.....,> '-. ' ~~~ -..... . "..~'.; '. "--.4.;,,/.: /-', ;~". , ""'''''' ~ ',-< /- "'-":; '",__~l>< l:-io":>2 . .,.'..'. '-';~:';;'">;.:,, :':2~;'^> ",' ""-""',,",, MATHEWS GREEN ASSQ(aiATES, ;~gEmda It constructed of asphalt or crushed stone with an approved supporting base, which will be reviewed during site plan review. Walking path must be designed with clear and open site lines in order to avoid blind spots/corners. Landscaping along the pathway should be maintained (at maturity) at a height no greater than three feet for shrubbery and lower than a height of seven feet for tree canopies. AGRICULTURE: Property is in the Southern Watershed Area. Soils in this area are poorly drained. Building site development on this soil is limited by severe wetness. Shallow excavations, dwellings, roads and lawns may experience problems with wetness. (NOTE: this issue will be addressed through engineering calculations and detailed site design during site plan review through the Development Services Center, should this application be approved). SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Three Oaks Elementary 608 * 14.7 14 Princess Anne Middle 1542 1468 8.4 8 Kellam High 2388 1839 11.4 11 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). . Three Oaks Elementary capacity is currently being calculated based on the finished building layout and the initial student population that began school here in September 2005. The Comprehensive Plan recognizes this area as being within the Transition Area / Princess Anne. COMPREHENSIVE PLAN "Policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments," (p. 143, Policy Document). The application for a conditional rezoning proposing 49 residential units on a 49.32 +/- parcel is in keeping with the policies outlined for the Transition Area in the City's Comprehensive Plan. 'Within the Transition Area, developers are encouraged to cluster housing and employ the most creative planning and development techniques," (p. 141, Policy Document). ..;:'~,. ,;;;,.,.,- 'r.,.... ,"""'" .. (..<: /,,~ ..: -,"<(, ''"d /,.:~_c }"___',_ .. ~..~, "''\'- ,..," ~"_::- '<-.,..- "'--"/ v;. ~', ^"\" ~ .,,-,-; >,;>:':>:: '.:, "'.'<;...7";,,, MATHEWS GREEN ASSQ~i~fES, H~l.C: ;~'9~nda Jt~:m17 . ....4 -x''^V'' '.\.> :,..., w',~", "\,^ EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers provided below. 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 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 road and to provide a public passive recreational opportunity in the form of the proffered open space dedicated to the City of Virginia Beach, keeping a substantial amount of trees and obscuring the view of the future homes. The Transition Area "Matrix" was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.99 dwelling units per acre. This score translates to a total of 49 units for this 49.32 acre site. Staff concludes that this proposal is consistent with the recommendations contained within the TAT AC report and as recommended in the Transition Area Design Guidelines. Additionally, the applicant has proposed to dedicate land to Nimmo Church as additional buffer when Princess Anne Road is realigned. The applicant worked with the two homeowners across Princess Anne Road next to Nimmo Church to relocate four of the residential lots to form a small neighborhood at the time of the Princess Anne Road realignment. The applicant also coordinated with the adjacent property owner across Mathews Green to provide a better access on to Princess Anne Road for both properties. The applicant did try to consolidate the stormwater management facility with the existing neighborhood's facility but could not due to the soil conditions. The architectural elevations are in keeping with proposals for the Transition Area, and the proposed dwellings are of similar quality as those on surrounding properties. In summary, the proposal is compatible with the residential neighborhood adjacent and similar in appearance. 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 developed, the Property shall be developed in substantial conformance with the conceptual plan titled "Rezoning Exhibit of Mathews Green", dated March 21, 200Q, and prepared by Kellam Gerwitz, a copy of which has been exhibited to the City Council and is on file with City Planning Department (the "Conceptual Plan"). j/"V'" '~:"":.' ,,"'-,'~ ,)c:;",_ c"" ".,>; ().\ ^ -"-<V./,: ,/^", .~,.." <'",.' ,/"/c.' h'.,.:',',:'" ~/ '~" "'-;C'\>'~~~ ";. ;:"<:.."" ~f' .-: c '(~{~~ ';.;' --.y/- .~.,: ,'m /' PROFFER 2: When developed, all residential lots numbered 1 through 45, inclusive, on the Conceptual Plan shall meet or exceed the following setbacks and lot dimensions: a. Front Yard Setback: Twenty Feet (20') b. Front Yard Setback for Unenclosed, Attached One-Story Porch: Ten Feet (10') c. Side Yard Setback: Ten Feet (10') d. Side Yard Setback Adjacent to a Public Street: Twenty Feet (20') e. Rear Yard: Twenty Feet (20') . f. Rear Yard for Accessory Structure: Five Feet (5') g. Minimum Lot Area: 11,700 square feet PROFFER 3: When developed, all residential lots numbered 46 through 49 on the Conceptual Plan shall contain a landscape buffer at least fifty feet (50') in width along the re-aligned portion of Princess Anne Road, as shown on the Conceptual Plan. PROFFER 4: On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall dedicate to Grantee the portion of the Property along Mathews Green hatched and shown on the Conceptual Plan as "RNIJ to be Dedicated to City." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 5: On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall dedicate to Grantee a portion of the Property for the future re-alignment of Princess Anne Road. The portion of the Property to be dedicated shall be located within the area of the Property hatched and shown on the Conceptual Plan as "New Alignment Princess Anne Road". Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 6: On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall record a Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions"), which shall be administered and enforced by a homeowners association in which all landowners within Grantor's development shall be members' The Deed Restrictions shall be prepared in substantially the same form as the exhibit titled "Proposed Deed Restrictions" exhibited to the City Council and on file with the City Attorney's Office. PROFFER 7: The Deed Restrictions shall require the establishment of an architectural review committee which shall administer and enforce the "Architectural Design Guidelines for Mathews Green Subdivision" dated August 28,2005, a copy of which has been exhibited to the City Council and is on file with the City Planning c'~'::"', ^,;,,;., "^ ; ;'V'''?,' {"j ';".,.-. ;::,,;-\> ".;,;. ',.-.:< >~?," ,,".,'.',< i:~~;?: .". .-, MATHEWS GREEN AssqqJATEp! l..il.C. ;~Emda It 11 ",:>..,' , ,.,...:" _.A_.; " c.,",",.,.~ Department. The Architectural Design Guidelines shall apply only to the residential lots numbered 1 through 45, inclusive, on the Conceptual Plan and shall not apply to lots 46 through 49, inclusive PROFFER 8: The areas shown on the Conceptual Plan as "Homeowners Assoc. Open Space" (the "Open Space Area") shall be subject to restrictive covenants recorded which prohibit the use of such area for any purpose but recreation and open space use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed to each lot or parcel within Grantor's development. The covenants shall be approved by the City Attorney, or his designee, and recorded before the first building permit in Grantor's development is issued. PROFFER 9: Grantor shall provide for maintenance of the Open Space area, either by the homeowners association, in which case all property owner's within Grantor's development shall be responsible for the costs and expenses of such maintenance, or by conveying an interest in the Open Space Areas to a public or private entity for such purposes. PROFFER 10: Grantor shall dedicate the area shown on the Conceptual Plan as "Open Space / Preservation Area" (the Preservation Area") to the City of Virginia Beach, no later than thirty (30) days after the issuance of the first building permit within Grantor's development. The Preservation Area shall be subject to restrictive covenants recorded which prohibit the use of such area for any purposes other than open space use or passive recreational uses, such as hiking trails, walking paths, or other similar uses which do not detract from the forestral nature of the Preservation Area. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed dedicating the Preservation Area to the City of Virginia Beach. The covenants shall be approved by the City Attorney, or his designee. PROFFER 11: Grantor shall file and obtain approval of a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the approval of any subdivision plat within Grantor's development or the issuance of a building permit. PROFFER 12: Further conditions lawfully imposed by applicable development ordinances 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. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated May 19, 2006, and found it to be legally sufficient and in acceptable legal form. [--.'/ )P-", ""c,,~r>'>:;\>~ -:~_::.~ ' "~~<:' ~- "'\;"',,,,J ,",. ;;:C'>S",'",: _,0"'__:.,''''''''"'":""''',-,.. .-"i:',- _';, , ..-''''~-;:::;', ....,-,,:-~- ,:' '<>:-~ MATHEWS GREEN Assq@iA:fES,h~i.c. ,~g~ndaJt 1.7 7 < 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. :~.vx,:",'-"~~"'c . :W'~ ';,>>'~/ :;~<1 /'~'.' i3E~:;;~::'::~< ~,., ,. ~.".,.,:"~/>'> .;.-'}~ -;,;'_::;'::~::j:f~:::-~;.,,:;'~ -,<,,-': "'" :Y"):>> . '~:. :^'~/'t~; ...........'~ MATHEWS GREEN AssQ(3jATES; ~~ndaJt ,---'''.;;,-<< ;",;' AERIAL OF SITE LP~A\FJQ~t~+", ,~}~~~~,>~~;~~~:,.:~::~t:::,~;~t~t::::.,:,c.' :~.'.>: ~ ~<:::;":', "'\"., ,.",,; ,;'-;;,......? -'---'- ..."...'.,.... -" MATHEWS GREEN Assg@ATES,l..il.c. ;~~ndalt '. tl', 9 _J ,. . H, , ,','"'""h: " ::.::., ,~\_~ ,.::,..,..',:" :....,,::' .: .. 1* PLAN REVISED SINCE PLANING COMMISSION (see next page for revision) w ~ '" !,:! :I: a.. < IX o ~ ! ;. PROPOSED SII~~~J.i~~l::>:" , "'~ ."," Y, ' ^~ "'y'''' ' t<>" ,.,- .~. MATHEWS GREEN ASSq<?jATES,L.c'~'c. A~enda Itermt7 . .....PClg~<10 :';:;,'"'~ "~~~ ~,g'i ,>(,'~'''' c iil;":t~'i>l:e ;; ~-b- e ~~""S:O~'4 -. ". J ~ --~,-~ ;,~~;~;S~ i....~ - ~'*:t~'i ,~->C~~'''''41~_ ~~:7~$1'~ ~l>~~-e-...,tS ~ ~& I .. V>i ~ $Z" IWw i~Iw ~I-O::: ~<lJ ~ I u ;.;: d; ~ 1;;H! -< ~;~ :i ~ e_~j ~~I Ii, t 3~ ~ ~ ~ ~ ;;~* '" : % 9~~ ~e e ~ g~~ ~~ n s~ ~ e ~$~ sse i ~i ~ i ~~si !,,~gj ~ ~ " ~~ g ~ ~~~? i6~~l ~ ~ "",~,.!i"~l! ,~,~ ~ ;:;;;, ~~::;~~~~ ~-~"~,~~ ",.(!( \I ., ~'8- w <.I~ID~~I . IDw ~A~ ~la I"Qo~, t,~,3SSi~~~~ ; ;.,~~ ~S~ N~ ~~~.d~~~O;~~~*~~ ~.Hv~g L~C I~ "~5~!~~IIII~I&!la! 111!g.;iE Il ~l~~i~:~~~~.~~.~~$ i7Zs~~r~~ at ~llllill~IIII!II'1 !!I.I~;~I d /~/ jil.-//."/ ! .~ /~ I / ---_ /- I ; .II' --~,,/~./j ! r ., i' ! ~ l /~71 f '--=-~ l' .~. \~il l~!d !:l!s \~l. ~ -il' J ': IJ~'~ I' ~ 1) ./' /'" h;(Ji' ~,\i ~\ i ~. . fi \ \\ '-$ \ . , . A ~~ \ 0;\ ~ '''It li . .. ! " I '" ~ ~ I -1$ .. u w- i " ~.!. ~ c I - .:': . I I PROPOSED SITE ,9C.~~::\ ....-- ,(>',:.,..,:...,,,_._-....:....', "-.,:, d.. .~'~ _:.-.-,,..::;'_"",~~:v;:<'::.,,,. "" MATHEWS GREEN ASSqCIATES,l.i.c.^::" Agenda It <n o z =s ~ a::: UJ .... Z UJ U ~ w <.:) <( z <.:) - V') Q w V') o C- O 0:: C- 41 '.,. 1 /"-'.'~,''':':':'''>:~ ,.:,-"::,,< (';"",;. ':. -,,~ ~ fJ) ,g $ .~ ~LUZ Ii LU :;~:C LU ". ..~ ~~O ~ ~ it .. ~ s q ". .... :r: o~ :::iz tug UJ.o o!u ....- <n LU U Z <: 0::: ..... Z LU -J <: ::::> I- Q.. LU U Z o U ~c" " ^,~- MATHEWS GREEN ASSQ.CiATES,L.;~~.C. lX~endalt$~i17 .. .~~W~;.1~ "~~-"" " """'"J"''''''" ^,' ,)",:,;~' "":/::;"'.' ..'",<> ": MATHEWS GREEN ASSQl~jATES,Ul.G. A~endalt~~t7 ,. ',.fl...... (l9...... E!::1.^.....~.. ..... . .y:..".... . ..' '. ',p>, "X:A.,,"~"'" "':CO .... >, .~.. ., MATHEWS GREEN ASSOCJA TES, LL.C. Agenda Item 17 ~qge14 ~ ~ , l' }.>>.,.:>':"',:;'_":' ;'.. ,,_..:';W"'_'_', PROPOSED BUILDING ELE~A~iti~i"-/< i/ " >'>f"",<:i" . ...... F ..,-...' ...... ,. ..,....,. ,'", ",",' .ow.: MATHEWS GREEN ASSQ:CJATES,LJE..C. ~~enda It 17 o ~ Conditional Zoning Change from AG-l /AG-2 to PDH-2 (R-20) 1 10/12/04 Modification to Conditional Use Permit for church Granted 06/26/90 Conditional Use Permit for Church Granted 2 08/05/03 Conditional Use Permit for bulk storaqe area Granted 3 11/27/01 Conditional Rezoninq from R-20 to AG-2 Granted 4 12/05/00 Conditional Use Permit for auto service Granted establishment 5 11/24/98 Modification of Conditions Granted 03/26/90 Conditional Rezoninq from R-20 to B-1 A Granted 6 11/24/95 Conditional Use Permit for home occupation Withdrawn 7 11/12/95 Conditional Use Permit for auto service station Granted 09/25/90 Conditional Use Permit for qas & car wash Granted 8 1 0/23/89 Conditional Rezoning from R-20 to 0-2 Granted Reconsideration of CRZ from R-3 to 0-1 9 04/25/88 Street Closure Granted 10 08/27/86 Downzone to AG-1/ AG-2 Granted ZONING HISTORY :~.,~ ::' "',,', ,-,. '~'"''-><<:' ",:- ~; / . -',.# MATHEWS GREEN ASSqCiATES,L:~.C. ,tXgenda It~~i1. 7 . .Pag~16 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicantname followed by the names of all officers, members, trustees. partners, etc. below: (AttaCh list ifnecessary) MatheW$ Green Assoicales. LlC Charles F. Bunoughs, UI Richard BUm)ughs Robert S. KeUam William C, Gerwitz Edward A Chaplain 2- List all businesses that have a parent-subsidiary 1 or affiliated business entiti relationship with the applicant (Attach list jf necessary) IN~ I o 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) ISame as Applicant I 2. List all businesses that have a parent-subsidiari or affiliated business entity2 relationShip with the applicant: (Attach list if necessary) I I o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Conditional Rezoning Application Page 11 of12 Revisl!d 91112004 Z 0> I I ~ U I I ~ =-- ~ t.:) Z I I Z 0> N ga ~ 0> I I E--4 I I Q Z 0> u ! ~ MATHEWS GREEN ASSq~JATES,Lfrlr.C. ;.6.genda It~~;;t7 . f>C!w~'~'l , '>',/<' z o I I ~ U I I s: ea c;.:, z I I Z o N ~ ~ o I I E--t I I c:::l Z o u DISCLOSURE.STATEMEN 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) Kellam Gerwitz - engineering and survey services Troutman Sanders LLP -legal services 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 Govemment COnflict of Interests Act, Va. Code 9 2.2..3101. 2 "Affiliated business .entity relationship. means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence otan 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 tundsor 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 Oonflict 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 according to the instnlctions in this pj:!ckage. MAT~S GREEN ASSOCIATES, LLC By: \<- ~ Richard Burroughs. Manager Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning .Application Page 12 of 12 Revised 9/1 "2004 ~. _.f>" ,....-.', ' __, ..'. , " '.,-" w'_~'; MATHEWS GREEN ASSQ;CiATES, .L.l.C. ~~enda IteFlijit7 "PCi9~t8 ]\ 1essage Page 1 of 1 Karen Prochilo N^'____"^_'----",_---,'.__________-,......-____-___-..'._'__'...,.,._.'_N_~'"""_C_.,....,~,__.~___._:_.,..,.__--'___ From: Karen Darden [Karen@cox.net] Sent: Tuesday, June 06, 2006 9:38 PM To: Karen Prochilo Subject: Developers of Matthew Green Subdivision Dear Ms. Prochilo & Virginia Beach City Council, I'm writing to you as one of the longtime residents of Three Oaks which is a proud & close-knit community of VB. W~ have a very active Civic League & truly represent the concerns of residents of 30aks. One of the concerns of 30aks is a plan of the subject developers of Matthew Green (M/G) to connect through the streets of 30aks. I strongly recommend against the plan for the following reasons: 1. Safety of the residents, especially the children of 30aks will be endangered if non-residents drive through 30aks from a proposed connecting street of M/G. 2. Difficulty exiting off & on 30aks Drive will be compounded by the number of non-residents not just from M/G & also from other "Short-Cutters". Accidents will be frequent especially without a traffic light on the intersection of 30aks Dr & PIA Rd. 3. The ecstatic & curb appeal values of 250 homes in 30aks will be degraded if 3 Oaks Drive become "Public" to non-residents. Sincerely & Signed, DC Santos 2220 Swaying Limb Lane, VB 23456 427 -9224 c::::::::::... 6/8/2006 Page 1 of 1 Karen Prochilo From: Colvinclan5@aol.com Sent: Monday, June 05, 2006 3:12 PM To: kprpchil@vbgov.com; Ruth H. Smith Subject: RE: Matthews Green To whom it may concern, We are residents of Three Oaks neighborhood who have lived here for 19 years. I have great concerns for Matthews Green to be opened up into our existing neighborhood. My children attend Three Oaks Elementary School. We are in the walking zone for this school. I am not very happy that our neighborhood does not have sidewalks and the school system allows this to happen, however, if Matthews Green is opened up into our neighborhood, that will create more traffic for our children to deal with while walking to and from school in the street. Also, it will create a better target for our neighborhood to have crime because there will be more than one way in and out. I do not understand why the city is saying they have to show the opening when there have been recently developed neighborhoods next to each other that do not open up into each other (off Holland Road and Princess Anne Road). We are totally against Matthews Green being opened up into our neighborhood. Sincerely, Bob and Cheryl Colvin c:=.. h/R//()()() Page 1 of 1 Karen Prochilo From: Vic Morkunas [victorp1 @cox.net] Sent: Sunday, June 11, 2006 11 :59 AM To: Jim Reeve Cc: Karen Prochilo Subject: Mathews Green Development I am a retired VB police officer who has !ivied in Three Oaks for 21 years. On June 14, a re-zoning application is set to be presented for the development of :"Mathews Green", directly adjacent to Three Oaks and my property. I request that you seriously consider denying this re-zoning (if passed) by the commission. You have undoubtedly heard the saying, "when is enough....enough?" Please take a stand and vote ENOUGH. Thank you for your time and consideration........Vic Markunas 2201 Shingle Wood Way VB 23456 c:::::::.... 6/12/2006 Page 1 of2 Karen Prochilo From: kathi & pete canupp [Icanupp@cox.net] Sunday, June 11, 2006 3:50 PM Ruth H. Smith; ablowich@mindspring.com; kej0425@aol.com; Karen Prochilo; Gary Reich; tom&joanne stone stone; Chris & Amparo Reich Subject: Mathews Green/development Sent: To: City Council Members & Planning Commission Members, THANKS PLANNING COMMISSION for having a NOON meeting on June 14th, real convenient for those who have to work and pay their bills and rising city taxes!!!! This is the last week of school for city school employees and not a good time to be taking time off from work. STOP!!!!! this ridiculous over population of Virginia Beach!!!!! Maintain the TRANSITION GUIDELINES. Citizens of Virginia Beach, homeowners associations and civic leagues are awakening and we are beginning to unite to fight the handful of people who have positioned themselves and their cronies on City Council and the Planning Commission. I am APPALLED by the audacity ofthe Planning Commission who overtly ignore the petitions of homeowners associations and civic leagues who sign petitions and send representatives to speak on their behalf. These-citizens' lives are negatively impacted by decisions made by a handful of arrogant people on the Planning Commission We don't need the Mathews Green development or more than double the density in Sherwood Lakes, a huge contemporary WAVE church on Seaboard Road, more retail shops and we cetainly don't need more traffic congestion. Traffic congestion on Princess Anne Road is bad enough right now. A. few years ago, it took a teacher who lived in Three Oaks four minutes to drive from the entrance of Three Oaks to North Landing elementary school. It now takes her from 20-25 minutes to get in front of North Landing Elementary School and then she might sit in traffic an additional 5-8 minutes waiting to turn into the school driveway. I, too, live in Three Oaks, and I used to turn left on Princess Anne Road to get to Bolland. I now go up London Bridge to Dam Neck and then turn right onto Holland. Jim Arnhold, the developer who wants to double the density in Sherwood Lakes was on the transition guidelines committee. Now, he and his attorney, Eddie Bourdon, appear to have the Planning Commission in their pockets as the Planning Commission has approved their plans and ignores the pleas of the citizens of Virginia Beach, the HOIneowners Associations and the Civic Leagues and the Transition Guidelines. Of course, they will say these are "just guidelines". Obviously, guidelines needed to be established in order to retain a rural atmosphere and to slow high density developments from being built in southern Virginia Beach. It is a very sad day in Virginia Beach when the citizens cannot trust the Planning Commission and City Council to maintain the transition guidelines. I watched with dismay and overwhelming anger as the attorney,Eddie Bourdon, and the City Planning Commission approved a 77 unit condominium to be built on Shore Drive near Pleasure Bouse Road after hearing the objections and suggestions of the civic leagues and homeowner association members present their concerns. The citizens of Virginia Beach are disgusted with the handful of people in city government, the developers and their attorneys ruining our city with overdevelopment, inadequate roads and over. crowded schools just to line their pockets with more money. Who suffers as they get richer??? The citizens of Virginia Beach do. It appears your philosophy is, "If their is a tree, cut it down;ifthere is open green space, build on it". c=.... NO mure developments, No more traffic!!!! No more cutting down trees!!!! 6/12/2006 Page 2 of2 Sincerely, Lee & Kathi Canupp Residents of Virginia Beach: Three Oaks c=:::.- 6/12/2006 Message Page 1 of 1 Karen Prochilo From: Karen Darden [Karen@cox.net] Sent: Tuesday, June 06, 2006 9:38 PM To: Karen Prochilo Subject: Developers of Matthew Green Subdivision Dear Ms. Prochilo & Virginia Beach City Council, I'm writing to you as one of the longtime residents of Three Oaks which is a proud & close-knit community of VB. We have a very active Civic League & truly represent the concerns of residents of 30aks. One of the concerns of 30aks is a plan of the subject developers of Matthew Green (M/G) to connect through the streets of 30aks. I strongly recommend against the plan for the following reasons: 1. Safety of the residents, especially the children of 30aks will be endangered if non-residents drive through 30aks from a proposed connecting street of M/G. 2. Difficulty exiting off & on 30aks Drive will be compounded by the number of non-residents not just from M/G & also from other "Short-Cutters". Accidents will be frequent especially without a traffic light on the intersection of 30aks Dr & PIA Rd. 3. The ecstatic & curb appeal values of 250 homes in 30aks will be degraded if 3 Oaks Drive become "Public" to non-residents. Sincerely & Signed, DC Santos 2220 Swaying Limb Lane, VB 23456 427 -9224 c::::= 6/8/2006 Karen Prochilo 'rom: Sent: To: Cc: Subject: josephg Uosephg@cox.net] Wednesday, June 07,20063:45 PM Karen Prochilo josephg@cox.net FW: Update RE: Three Oaks Homeowners Petition To Oppose Connection Street from Mathews Green Hi Ms. Prochilo, 1. I have finished acquiring signatures re the subject petition. Have acquired 189 signatures from approximately 225 homes in Three Oaks to document the feelings of the majority of homeowners in Three Oaks for opposing the development of a Connection Street from the proposed Mathews Green to Three Oaks communities. Will provide the original 11 pages and copies at the hearing. How many copies do you need and would you confirm that the hearing is scheduled for June 14, 2006 at 12:00 pm. Which Building and room number? Should I present this Petition to the Planning Commission or should the President of Three Oaks Homes Association, Dennis Meligonis, submit this Petition? Must we wait until June 14, or could I bring it to you prior to hearing? 2. After our Three Oaks Homeowners' Meeting on June 6,2006 at 7:45 pm, the Mathews Green representatives presented the latest proposed Development Plan (Drawing). The entrance/exit to/from Mathews Green was changed from the previous drawing, however, the drawing still showed a Connection Street into Three Oaks at end of Kindling Hollow Road. Since the subject Petition substantiates the Homeowners opposition to construction of the Connection Street to Three Oaks, the developers stated that they would remove this cut-through street from their drawing if the Planning Commission would permit them to do'so. Dennis Meligonis stated that the High Gate Green cut-through street to the proposed Sherwood Forrest community was removed from their proposed drawing plan. Does the Planning Commission require the developer to show a Connection Street to Three Oaks? Thank you for all your consideration and time. J and Patti Giancola, 427-0245 josephg@cox.net ----Original Message- From: Karen Prochilo fmailto:KProchil@vbQov.coml Sent: Wednesday, January 18, 20061:03 PM To: josephg Subject: RE: Update RE: Three Oaks Homeowners Petition To Oppose Connection Street from Mathews Green Hello BJ & Patti Giancola, Thank you for keeping me up to date. Please make sure that you provide the original and copies when you come to the hearing. Sounds like you are handling this process well. Any additional questions or concerns please do not hesitate to contact me at the 385-4298. (our phone numbers are in the process of changing). Sincerely Karen Prochilo From: Sent: To: Cc: Subject: josephg fmailto:ioseohq(Cilcox.netl Wednesday, January 18, 2006 12:52 PM Karen Prochilo Ruth H. Smith; Jim Reeve; ioseohq(Cilcox.net Update RE: Three Oaks Homeowners Petition To Oppose Connection Street from Mathews Green -----Original Message-- From: josephg rmailto:iosephQ@cox.netl Sent: Wednesday, January 18, 2006 12:45 PM To: kprochil@vbQov.com Cc: ctvcncl@vbQov.com; ireeve@vbqov.com; iosephQ@cox.net Subject: Update RE: Three Oaks Homeowners Petition To Oppose Connection Street from Mathews Green r==. With reference to my January 3, 2006 email, we have acquired approximately 100 signatures from Three Oaks homeowners for the attached Petition to oppose the development of a connection street to Three Oaks from Mathews Green. I was just informed that a meeting with developers of Mathews Green and Three Oaks residents is set for Monday, January 23 at 6:00 p.m. at Three Oaks Elementary School. If there is a good turnout for this meeting, I expect to get many 1 additional signatures on the subject Petition. The final accumulation of signatures on the subject Petition will demonstrate how the majority of residents in Three Oaks feel regarding the development of a connection street from Mathews Green. Thank you for assistance in this matter. Sincerely, BJ & Patti Giancola, 2228 Kindling Hollow Road. 427-0245 Email: iosephq@cox.net (Primary); biqiancola@wans.net (Secondary) << File: Petition - Oppose Matthews Green Development Plan 16Dec05.doc >> c::=. 2 Message Page 1 of 1 Karen Prochilo From: Karen Darden [Karen@cox.net] Sent: Tuesday, June 06, 2006 9:38 PM To: Karen Prochilo Subject: Developers of Matthew Green Subdivision Dear Ms. Prochilo & Virginia Beach City Council, I'm writing to you as one of the longtime residents of Three Oaks which is a proud & close-knit community of VB. We have a very active Civic League & truly represent the concerns of residents of 30aks. One of the concerns of 30aks is a plan of the subject developers of Matthew Green (MfG) to connect through the streets of 30aks. I strongly recommend against the plan for the following reasons: 1. Safety of the residents, especially the children of 30aks will be endangered if non-residents drive through 30aks from a proposed connecting street of MfG. 2. Difficulty exiting off & on 30aks Drive will be compounded by the number of non-residents not just from MIG & also from other "Short-Cutters". Accidents will be frequent especially without a traffic light on the intersection of 30aks Dr & PIA Rd. 3. The ecstatic & curb appeal values of 250 homes in 30aks will be degraded if 3 Oaks Drive become "Public" to non-residents. Sincerely & Signed, DC Santos 2220 Swaying Limb Lane, VB 23456 427-9224 c:::: 6/13/2006 Page 1 of 1 Karen Prochilo From: Colvinclan5@aol.com Sent: Monday, June 05, 2006 3:12 PM To: kprpchil@vbgov.com; Ruth H. Smith Subject: RE: Matthews Green To whom it may concern, We are residents of Three Oaks neighborhood who have lived here for 19 years. I have great concerns for Matthews Green to be opened up into our existing neighborhood. My children attend Three Oaks Elementary School. We are in the walking zone for this school. I am not very happy that our neighborhood does not have sidewalks and the school system allows this to happen, however, if Matthews Green is opened up into our neighborhood, that will create more traffic for our children to deal with while walking to and from school in the street. Also, it will create a better target for our neighborhood to have crime because there will be more than one way in and out. I do not understand why the city is saying they have to show the opening when there have been recently developed neighborhoods next to each other that do not open up into each other (off Holland Road and Princess Anne Road). We are totally against Matthews Green being opened up into our neighborhood. Sincerely, Bob and Cheryl Colvin c=:: 6/8/2006 Nimmo United Methodist Church 2200 Princess Anne Road, Virginia Beach, VA 23456 Telephone: (757) 427-1765 Email: Nimmo@pinn.net Est. 1791 Dr. Charles H. Smith, III Pastor May 15, 2006 Ms. Karen Prochilo Planning Department City of Virginia Beach Municipal Center Virginia Beach, VA 23456 MA,( 1 5 Z006 I!' . :~,.~ '; ~;~? Re: Application for Rezoning - Mathews Green Associates, LC 50-Acre Parcel Located at Mathews Green & Princess Anne Road, Virginia Beach Dear Ms. Prochilo: On behalf of the members of Nimmo United Methodist Church, we wish to express our support for the zoning applications of the above-referenced property in accordance with the submitted zoning plan. We have met with representatives of Mathews Green Associates and have reviewed this plan with them. We are delighted that they have expressed a desire to give a portion of their property to our church to buffer the church from the existing Princess Anne Road. Further, the dedication of the newly aligned Princess Anne Road right-of-way moves the traffic and related noise further away from our building. We appreciate their locating the preservation area across from our church in such a manner as to maintain the low density environment around our church. W~ think this plan is well thought out and suits the character of our church and the surrounding area. We would hope that the city officials both at the Planning and City Council level would agree. Thanks so much for your consideration. c::= Very truly yours, y;: - ( __, N\~~- kJ-t1+r..i!:~ / t. 71 ~g...(;-4;-v' EIi~~th W. Weaver, Trustee Nimmo United Methodist Church ew fhe Mission of Nimmo United Methodist Church is to make Disciples of Jesus Christ. Karen Prochilo -=rom: Jent: To: Subject: Renee Swinson [Renee_Swinson@nexnet.navy.mil] Tuesday, February 14,2006 12:57 PM Karen Prochilo; Ruth H. Smith Matthews Green Rezoning and Development Plan Ms. Prochilo and City Council Members, I am writing to express my concern regarding the proposed development plan of Matthew's Green, adjacent to Three Oaks. My concern is specific to the plan of a connecting street in Matthews Green to Three Oaks via the North end of Kindling Hollow Road. I currently live at the end of the street where the road is proposed to go through and have 2 great concerns. First and foremost, I have 2 very young children and fear for their safety because the opening up of our street puts us directly on a thoroughfare. The number one checkpoint for my husband and I purchasing a house was that we were not on a high traffic road. Within a neighborhood, when you have a long street drivers tend to disregard the speed limit and I fear my children's safety with cars passing in and out of the neighborhood at high speeds. I have visions of one of my kids stepping out from behind the mailbox and getting struck by a car. We are also in a walking zone to Three Oaks Elementary and our streets contain no sidewalks; therefore, the children are directly exposed to this new traffic pattern. My second concern is how congested our entrance/exit to the neighborhood will be with yet another neighborhood using it. Currently during high traffic times, it's a chore to get in and out. I don't see how the connection would prove to be beneficial to Matthew's Green homeowners since they'll have an exit right down the street, so this can only make a bad situation worse. I think the connection would be used more frequently by our homeowners trying to get to the shopping center; and if we're all opposed, then we should ~e the deciding factor. Thanks for listening and hopefully considering my concerns. ViR, Renee Swinson Three Oaks Homeowner ***************************defiant************************************ This email and any files transmitted with it are intended solely for the use of the individual or agency to whom they are addressed. If you have received this email in error please notify the Navy Exchange Service Command e-mail administrator. This footnote also confirms that this email message has been scanned for the presence of computer viruses. messaging support team@nexnet.navy.mil ********************************************************************** c:=: 1 Page 1 of 1 Karen Prochilo From: Barbara Wright [c1ickclick18@hotmail.com] Sent: Thursday, February 09, 2006 2:20 PM To: Ruth H. Smith Cc: Karen Prochilo Subject: Proposed Matthews Green Development On Jan. 23, I attended a HOA meeting held by the Three Oaks Board. it was to discuss the above mentioned development. Weare against any access to our roads over the creek, which I understand most of it is Wetlands. It would make sense to have the homeowner access the development either directly on to Princess Ann Rd or to build the entrance at N ewstead, which leads directly to Nimmo Parkway. If they came through our development they would have to access Princess Anne Rd which is our only access to and from our homes. we do not need 100 more cars, at least, from anew place, when we haven't seen the impact of the new Chelsea Place which has just begun to sell homes. If you haven't been on princess anne at rush hour you need to treat yourself to this experience. We appreciate you taking all the facts into consideration. I also wish to refer you to today Beacon featured story. Thanks for your help. Sincerely, Barbara A Wright Find just what you're after with the new. more precise MSN Search - try it now! c:== .' 5/19/2006 December 29, 2005 DEe 3 0 2005 Department of Planning Municipal Center - Building 2 2405 Courthouse Drive Virginia Beach, VA 23456 n. ~ fi..Th -\ F yr, T'/1-',\;' ~"'.."'>\ /'ir"i'~l.TrTl ;'l1~ .!:~: F~; r\, ~ r~_~~ ~ ~ i: lrt,~.Ji.;~ ~\ f. ~~~) ~T1~ , .l Jl.;... xl- ~l..D.', "-' ..., ",",,',...1 "" "A ,.,....,~... ,~~ Re: Matthews Green community Ms. Karen Prochilo The community of Three Oaks has been informed that a new community, Matthews Green, is being proposed adjacent to Three Oaks. According to the builder's proposal, 49 homes will be constructed and will connect to the north end of Kindling Hollow Road in Three Oaks. The proposed construction of 49 homes on the 49 acres does not meet the transition zone requirements. The builder has shown a high density of homes compacted into an area of approximately 23 acres. The remaining 26 acres will remain as forest due to questionable wetlands. The 23-acre site also includes walking paths, forest area, drainage, sidewalks and the street. This places the homes on sites of 13,000 to 15,000 sqft. The transition zone indicates that homes should be 1 per acre which are not all compacted to one side of the parcel. A neighborhood in the transition zone should have a unique design not a typical cookie cutter layout; the proposal fails to meet this requirement. The homes should also have a set back from the street, this would be impossible when constructing large homes of 3500 to 4000 sqft on a 13,000 sq ftlot. Again the proposal fails to meet the transition zone requirements. The Three Oaks community has 225 homes on true "20,000" square foot lots. Also this proposed community does not comply with the Navy's Air Installations Compatible Use Zones (AICUZ) directions. Weare also opposed to this new neighborhood connecting to Three Oaks at Kindling Hollow Road. We believe this additional entrance/exit into our community would increase traffic conservatively by 25 % and would directly affect the residents of Three Oaks. . Three Oaks at the present time has a very low crime rate, and we feel this is a direct result of being a community that is closed to fluid traffic. With having only one entrance/exit, it is a major deterrent for criminal activity as our road layout does not allow for an 'escape' route to Princess Anne road at the back of our community. c=- . Three Oaks is currently a walking zone for our children attending Three Oaks Elementary school. Increase traffic would affect the safety of our children walking or riding their bikes to/from school without the benefit of sideways. The children from Matthews Green will also be impacted by this safety issue. We would support a pedestrian path that would provide access for the children to walk to school. Kindling Hollow road could very easily become a major thoroughfare which is not the desire of the residents on Kindling Hollow road or the Three Oaks community. The developer of this property has indicated the storm water will be diverted to the existing canal along Three Oaks. The capacity of this drainage system may not be able to provide proper run off during a major rain event. This drainage system supports the pond infrastructure system for the entire Three Oaks community. Several areas of the canal are private property that extends beyond the canal over into the proposed construction area. These home owners have indicated that they wish to maintain the integrity of their private property. In summation, we oppose the current size of the lots and usage of purchased property of Matthews Green. We feel it does not follow the guidelines proposed in the transition plans or AICUZ of Virginia Beach. This development project as it is currently proposed would not be in the best interest of the lbree Oaks community or that of the future of Virginia Beach. Even with the necessary lot size modifications needed with this project, we are adamantly opposed to the connection of this new neighborhood through Kindling Hollow Road. We are sure the voted representatives of the Planning Commission will consider the general consensus of all the residents of Three Oaks. Sincerely, .~~ ~~~ Dennis Meligonis, P?esident Three Oaks lIomes Association P.O. Box 6377 Virginia Beach, V A 23456 cc: Installation Commander Naval Air Station Oceana 1750 Tomcat Blvd. Virginia Beach, V A 23460 David & Mary Lou Diaz 2201 Wild Oak Crescent Three Oaks Subdivision Virginia Beach, 23456 4276919 ((,() ~ ~",,,,<>; l.\ ~ '\ b,. v ~<:.,~ ~X~ Q~ ,,~/. .......... ,/ ~v' ~~~~ ~~ Ms Karen M Prochilo Community Design Planner Department of Planning City of Virginia Beach Subject Mathews Green Properties LLC Development proposal Ref: Edwin L Jarvis letter dated November 22, 2005 sent to you Dear Ms Prochilo, We are writing this letter to formally inform you of our concurrence with the concerns stated by Mr. Jarvis in his letter to you and our support of his recommendations. We are deeply concerned with the loss of privacy and the impact that further sediment outflow from the proposed development will have on the current shallow drainage canal alongside our properties without any planned dredging or widening. The conversion of the canal to a lake that Mr. Jarvis proposes in his letter would certainly seem the most logical solution. The development property owners would maintain their side of the lake as we currently maintain ours, we would still have some semblance of privacy (distance verses current tree line) and the two communities would blend nicely. We were informed by Mr. Kellem and Mr. Burrows that the City Planners have a problem extending the easement between our property line and the development because the City wants a single large wild life sanctuary to the north of the development. I believe the City should consider giving us as taxpayers a little more consideration for our privacy and quality of life some (a small percentage as I see it) of that land for half of the lake on the development side. It would not take much away from the sanctuary and wild life can still use it (fish and water fowl). Thank you for your consideration. David & Mary Lou Diaz !JwuI.~ 1Jf~;f;v- b~ c== Karen Prochilo From: Sent: To: Cc: Subject: josephg Uosephg@cox.net] Wednesday, November 23,20056:16 PM Karen Prochilo bjgiancola@wans.net FW: Concerns of Three Oaks Homeowners Regarding Matthew's Green Rezoning and Development Plan ---Original Message--- From: josephg rmailto:iosephQ@cox.net] Sent: Wednesday, November 23, 2005 10:41 AM To: ctvcncl@vbQov.com Cc: kprochil@vbqov.com; swinsons@cox.net; karen@cox.net; tavlorl@nehc.med.navv.mil; tkemman@aol.com Subject: Concerns of Three Oaks Homeowners Regarding Matthew's Green Rezoning and Development Plan CONCERNS OF THREE OAKS HOMEOWNERS REGARDING MATTHEW'S GREEN REZONING AND DEVELOPMENT PLAN PRIMARY CONCERNS: A proposed development plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented by the Matthew's Green developers to the Three Oaks Homeowner's Association officers and some homeowners. This plan specified the construction of a connecting street to Kindling Hollow Road in Three Oaks. If such a street were constructed, the following scenarios would result. 1. In order to save time by avoiding traffic lights at Elson Green and General Booth, Matthew's Green residents who must commute back and forth from the Municipal Center area or Holland/Princess Anne Roads would take short cuts through Three Oaks on Kindling Hollow Road, Tree Garden Way, and Three Oaks Drive. After Princess Anne Road is expanded into 4 lanes with a medium, the Matthew's Green residents will not have a convenient entry or exit through the proposed main front entrance. 2. In order to save time by avoiding traffic light at General Booth (Seven Eleven), residents of Three Oaks would also use Kindling Hollow Road as a short cut to run errands to Home Depot, Wal-Mart, and other Red Mill Commons shopping stores and eating places. 3. The significant increase in the traffic pattern exiting and entering Three Oaks Drive from General Booth will eventually result in a serious fatal accident at this entrance to Three Oaks. This entrance/exit to Three Oaks is currently very dangerous for anyone trying to exit Three Oaks onto General Booth. . 4. The significant increase in the traffic patterns as described above on Kindling Hollow Road, Tree Garden Way, and Three Oaks Drive will eventually result in the death of one of the many young children that frequently play and ride bicycles on these streets. SECONDARY CONCERNS: 1. We respectfully request that the Planning Commission require the developer to build their houses in accordance with the "2003 Comprehensive Plan Policy Document for Princess Anne (Transition Area)", i.e. "The maximum calculated residential density in the Transition Area is one dwelling unit per developable acre". 2. We request that the developer provide attractive and protective buffers along the proposed border with Three Oaks. 3. In addition to creating an increased threat to the safety and well-being of the human residents of Three Oaks, the increased traffic resulting from the development of a connecting street to Kindling Hollow Road would jeopardize the safety of groups of mallard ducks and other animals that travel on ground from the man-made lake area to our house and neighbors for daily feeding. We already had one fatal accident on Tree Garden Way where Olivia (a named large duck who could not fly) was struck by a car and died last year. A bench with a nameplate in her memory was placed by the lake c::= next to Tree Garden Way. On behalf of ourselves and other Three Oaks residents, we thank you very much for considering the above concerns regarding the Matthew's Green Rezoning and Development Project. 1 Sincerely, BJ & Patti Giancola, 427-0245 (2228 Kindling Hollow Road) c:=- 2 Page 1 of 1 Karen Prochilo From: Sent: To: Cc: Seitz, Tommy (US SSA) [Tommy_Seitz@NORSHIPCO.com] Tuesday, June 13, 2006 5:58 PM Karen Prochilo Ruth H. Smith Subject: Mathews Glen Development Ms. Prochilo, I'm unable to attend this Wednesday's planning commission session concerning the subject development, but would like to voice my strong concern and objection to re-zoning this area for further development along this area of Princess Anne Road/General Booth Blvd. I've been a resident of Three Oaks since 1986 and have been there since its inception in the mid 80's. It was the first development below the "green line" back then which controlled growth. This rural atmosphere at the time is what brought me to Three Oaks as I was getting away from traffic that existed from my previous residence in the Little Neck/Kings Grant area. While I wouldn't have expected growth to just stop with the Three Oaks development, I did not visualize that every little available parcel of land would be available and zoned for further residential development. At some point, I would have expected a slow down of the development of the area (since that was the purpose of the green line originally) and enough would have been enough. We have reached that time, enough is enough! Since Three Oaks development, I've seen four other developments (High Gate Greens, High Gate Crossings, Condo's across from 7-11, and most recently Chelsea Place) within a half mile stretch of Princess Anne Road occur. It appears if there's the slightest parcel of land available for development, the city is allowing it to happen. Those developments along with South Gate and Three Oaks have created an enormous traffic problem. The bottom line, Princess Anne Road leading back around to the Court House area can no longer support the traffic that already exists in the area. Each and every day, it's a constant battle to get out of Three Oaks onto Princess Anne Road (and I'm not promoting any traffic light). When finally able to make a left turn onto Princess Anne Road, we face long 10 to 15 minute trips to go a mile to get to the Court house area, a 2 mile journey at most. That is unreasonable and unacceptable. In closing, I kindly request and encourage the Planning Commission to re-consider re-zoning this area for any residential development. The area is over populated as it is. If the Planning Commission unfortunately does allow this happen, then either the widening of Princess Anne Road from General Booth back to the Courthouse and/or finishing the Nimmo Parkway cut through (neither of which I don't think the city wants to do) has to occur prior to this development. Additionally, it is also requested that Mathews Green not be allowed to connect with any roads from the Three Oaks development. Sub divisions are such and should remain independent of each other and not act as thorough fares for other sub-divisions. Having to live with the existing traffic on Princess Anne Road is bad enough, we do not need further traffic in our sub-division. If you have any questions, please feel free to contact me. Regards, Thomas (Tommy) M. Seitz, Jr. Vice President Contracts & Comm'l Sales Phone (757)494-2943 Fax (757)494-4030 c:::::::... 6/1412006 PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residentslhomeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. ~ '-- NAME (prfuted) ADDRESS (Street) SIGNATURE & DATE S Ummarq PAGe J 1Jaqe- I J-/ ., ~ ~3 3 ~d. L} ().'J. 5 I~ Ie ~3 1 JS 8 II q j3 JD ID II J~ J~q;: ~. ., l~q Q"^,, II 1,2.Dofc 0 u Rt3e I PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic tTuough our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) j<:J>v"fJ# .G; Jt ~(u\..A K A R-\:!1\J K ~ E:.G\!.R.. rr~t\ov Ri\\ ADDRESS (Street) SIGNATURE & DATE ,t;):>.8 K(/Vl;/.ot:V~ ffG~ F(j) 'Z..S~ \ \...h"(uz ~Wu.> c,'1 ~ Leo.~ LuV\e 5{>? 2 32~ - d5~g ieEE 6~'::/b;PrN tvf/. . 1- 't,.:-cw al Pa.ge L PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2,2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) I ItJtf IlO,lIll'fr. ::r;. cJ.LSQ~ A III d '" r.f"" ADDRESS (Street) 2~/3 Staff/) '//1/76//1/ 2--3~Lf ~/{wocd -ri-a,'( ~".2S SIGNATURE & DATE -; ~ SWAVIIJ~ I.IMI LA. 1/9/0; Y:6~G / /0 Or; .J. - ~O -Of, ~3 RtJe 3 PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) ADDRESS (Street) SIGNATURE & DATE ~c1 ~~4 PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborho'od, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) ADDRESS (Street) SIGNATURE & DATE \/~/o~ c::=.. 'ra 1- 0 ~~,~\..ICvO Wl\1 " '71,,---'1- (). ~ \h tJC (;t "90'0 IJ1 j ~A P04e 5 PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from South ate. r ADDRESS (Street) ~t ;l:;).VS 6~- CZ I 33 lie rage , PETITION TO OPPOSE THE PROPOSED MATmEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject pn)posed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers ofllie Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residellts/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) ADDRESS (Street) SIGNATURE & DATE ~3 ~ P~e1 PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2,2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residentslhomeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (Printed) ADDRESS (Street) SIGNATURE & DATE .~ .,'"' f"/'~ ,," ", } ) -.1 '-" (f' f,.....~' ;\ k,~J k, ldf t; //'1 C. (.'/-10_ ~.... 1'2..- ~\.vv"W Itt\ 9..'?0 4"' ~,~fttl, {\ (,\;( 1\ lih J.{01 L-1 ++k A<f r n cr. . /~7 a> i/ \; l/l ~)J.t6 r. ,', k 1\ " ,- J'J..):'; /(,^ltll\\ (-ct{,{;J 1-RD<r .' K. ~l. tltt~ '\ /...~" / /'r v.:,.o , r..-vo:' <... i/ " iI, rO:>./ll '., ...- It; I1.qe g PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN It On November 2,2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance! exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) ADDRESS (Street) SIGNATURE & DATE .f) 2 ,wdd~rJ~, J I {Jage. q PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) ADDRESS (Street) SIGNATURE & DATE .I/~/06 0<3 fafe itJ PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeowner's Association. This plan showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Three Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) ADDRESS (Street) SIGNATURE & DATE J() Rt~ if PETITION TO OPPOSE THE PROPOSED MATTHEWS GREEN REZONING AND DEVELOPMENT PLAN On November 2, 2005, the subject proposed plan to build 49 houses in approximately 25 acres adjacent to Three Oaks was presented to the officers of the Three Oaks Homeo\\-ner's Association. This phm showed the development of a connection street from the back of the proposed housing community to Kindling Hollow Road in Tnree Oaks. Such a connection street would cause significant increased traffic through our neighborhood, additional congestion at the entrance/exit to Three Oaks, and increased safety issues for children who ride bikes and walk our streets with no sidewalks. The undersigned residents/homeowners in the Three Oaks neighborhood agree with this statement and are primarily opposed to the development of a connection street to Kindling Hollow Road and recommend that, if necessary, an entrance/exit into the proposed community be located off the Matthews Green street next to the Veterinary Hospital across from Southgate. NAME (printed) ADDRESS (Street) & DATE ~-6 ~ '" ~'" Item #16 & 17 Mathews Green Associates, L.L.c. Discontinuance, closure and abandonment of portions of Mathews Green Change of Zoning District Classification 2217 Mathews Green District 7 Princess Anne June 14,2006 REGULAR Barry Knight: Mr. Secretary. Joseph Strange: The next item is Item #16 & 17, Mathews Green Associates, L.L.c. Application of Mathews Green Associates, L.L.c. for the discontinuance, closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of its intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and the southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road, District 7, Princess Anne with four conditions; and Item #17, Mathews Green Associates, L.L.c. Application of Mathews Green Associates, L.L.c. for a Change of Zoning District Classification from AG-1 & AG- 2 Agricultural Districts to Conditional R-20 Residential District with a PD-H2 Overlay on property located at 2217 Mathews Green, District 7, Princess Anne with twelve proffers. Jeff Maynard: Thank you Mr. Strange. Good afternoon Mr. Chairman and members of the Planning Commission. My name is Jeff Maynard. For the record, my business address 222 Central Park Avenue, Suite 2000. I'm here on behalf of the applicant Mathews Green Associates. I have with me Bob Kellam, Bill Gerwitz, Jim Hogan, and Charles Burroughs who are investors and or architects and engineers in this project. Briefly, if Mr. Kellam would step forward, I wanted to show you the aerial photograph of this property. I know that many of you are familiar with it. This is the old property of Virginia Mathews, which my client has purchased. It is an approximately 491f2-acre tract located along Princess Anne Road. You see that Nimmo Church is here. The Three Oaks community is this way. Princess Anne Road runs along the front and there is a 7-Eleven right here where Princess Anne Road turns to the south. The property is presently zoned agricultural. My clients would like to rezone this property from agricultural to R-20 with a PD-H2 Overlay. And if Bob would switch slides I'll show you briefly their site plan. This property is largely wooded and impacted by wetlands. We are located in the Transition Area and achieving density by meeting a 50 percent open space requirement. Approximately 17.28 acres is what we are calling a "preservation area" that will be dedicated to the City of Virginia Beach, and then we have additional homeowners open space interior to the community that will allow us to achieve the 50 percent threshold. '--'- Here are a couple of things about the application. We are proposing 49 residential lots, 45 of them will be clustered on this side adjacent to or near the Three Oaks community. Item # 16 & 17 Mathews Green Associates, L.L.c. Page 2 c=: There are four additional lots that are not part of the same Homeowners Association but reserve for future development up along Princess Anne Road. The applicant is proposing a dedication of a little less than four acres of land for realignment of Princess Anne Road that we understand will be coming at some point in the future, as well as a dedication of approximately Y2 acre of land to preserve and protect Nimmo Church. The homes to be located on this area, and we will come back to that slide. I wanted to point out for you are brick colonial and design, Georgia Revival Architecture that will be high quality material such as brick or wood or real stucco. There won't be any EIFS or any vinyl in the community. The homes will all be built on crawl spaces and will have either rear or side garages unless the garage is located farther back than the rear of the house that is located on that property. A couple of other items. The price ranges for this development is going to be in the $600,000-$800,000 range. So they are high quality materials and a very high quality development. If you would turn back to the slide, I wanted to let you know that we have met on four occasions with the Three Oaks community. I understand that a couple of their representatives are here, and I wanted to point out the issues that we have been able to negotiate with them and then focus on the last issue that we have come to an agreement on but I wanted to point out. Initially when our engineers and the applicant filed this application, the entrance was proposed along Princess Anne Road. They have spent considerable time during tJUs process working with the city planning staff and traffic engineering department to come up with an acceptable alignment at the entrance along Princess Anne Road. That also is the reason for the street closure application that is a component of this overall development. The street closure has been negotiated with Dr. Francois who owns PM Associates and has a veterinarian practice there. He will be getting this section of the street closure and it will increase the size of his lot and will allow him to configure the entrance to his property through our development instead of the oddly shaped entrance that is presently located along Princess Anne Road. A couple of the issues we had and discussed with the community on. Several of the residents along the storm water pond were concerned about the size of these lots initially. We were able to expand it greatly. I will point out the average lot size in this community is approximately 16,000 square feet. The smallest is in the 11,000 square foot range. We have some that are over 20,000 square feet, and the larger ones are along this area. Another issue that was raised in the early session dealt with the buffering. And as pointed out, the owners of the property of Three Oaks, their property lines go to our side, I guess of the canal here, so they actually own this property here. There is going to be an existing strip of trees that will remain we will not be able to touch them as they are part of the other property owner's property. I will point out our open space, the Homeowners Association open space has connectivity with an internal trail system. There are sidewalks on both sides of the property_Probably the issues that we spent the most time on with the community deals with the connection of Kindling Hollow Road, which is here on the site plan. The residents of the neighborhood have objected strongly to that. They pretty much from day one and first meeting we had with them said they did not want our neighborhood to connect with theirs. As we have gone through the planning process, we understand that the City's subdivision ordinance requires us to show connectivity but I wanted to represent to you that if it's the will of the Commission and Item #16 & 17 Mathews Green Associates, L.L.c. Page 3 the City Council, our applicant does not wish to show a vehicular connection. This morning there was some discussion whether we would be willing to install pedestrian connectivity such as bike trails or walking paths between the communities. We are, of course, willing to build a road. However, the residents of Three Oaks, I believe are opposed to that notion. So we would, again, seek your direction on that. I would point out that if connectivity is eliminated the change in the site plan would be that Mathews Way would be basically a loop road with a single entrance off of Princess Anne Road. We would eliminate this and it would become and these lots may change just a little bit but there would be no connection between the neighborhoods. There would be no cul-de- sac here as well. It would be just a loop road system. So, with that, I will standby for any questions and ask for your recommendation for approval. Barry Knight: Are there any questions for Mr. Maynard? Mr. Crabtree. Eugene Crabtree: The same one I asked this morning. Is it not only going to be pedestrian friendly but bike friendly as well? Is the developer going to put in not only sidewalks for pedestrians but trails for bicycles? Not only in the open space that Parks and Recreation are going to do it but within the development itself along the streets? It is very important that they have bicycle access as well. Jeff Maynard: Our development will have trail systems here and sidewalks all the way around that will accommodate bicycle access. Eugene Crabtree: It will be large enough and wide enough for bicycles and use them as bike paths as well? Jeff Maynard: Yes. I would point out that we are going to dedicate this portion to the City. Eugene Crabtree: I understand that. But this is above and beyond what the City is going to do. Jeff Maynard: Right. Barry Knight: Are there any other questions? Thank you Mr. Maynard. Jeff Maynard: Thank you. Joseph Strange: Speaking in support of the application we have Robert Kellam. Robert Kellam: Actually, I was just asked to fill out a card. I have nothing to add. c:::=:. Joseph Strange: Good. Speaking in opposition, the first opposition is Dennis Meligonis. Item #16 & 17 Mathews Green Associates, L.L.c. Page 4 Barry Knight: Welcome sir. Dennis Meligonis: Good afternoon. Barry Knight: Please state your name for the record. Dennis Meligonis: I'm Dennis Meligonis. I'm the President of the Three Oaks Homes Association. This time I am representing the residents of the neighborhood and we do have several. I would like for them to stand please. Confirming with the developer, our opposition to this neighborhood is the connection to Kindling Hollow Road. Basically we have two reasons why we don't want that road connected. Three Oaks neighborhood is a little over 20 years old. We have a very, very low crime rate. We feel this is because of the one entrance and exit into the neighborhood, we haven't had any major crimes because we don't have an escape route but if you did connect the Kindling Hollow Road that would allow an escape route out of the back of our neighborhood. The second issue is we are in a school walking zone. We did have the new elementary school built behind our neighborhood. We don't have sidewalks in our neighborhood. So all of the children in the neighborhood have to walk on the streets to school. With the Kindling Hollow connector being in back of the neighborhood that would certainly cause a change in traffic patterns and certainly cause increase traffic to the back of the neighborhood where a majority of the students would be walking to school. Approximately in the last 24 months there have been several neighborhoods within a three-mile radius of Three Oaks. Some of them are Princess Anne Quarter, Victoria Park in Virginia Beach, High Court, Chelsea Place, and Seaboard Forest. All of these are single entrance and exit neighborhoods and we feel we should have the same consideration as those neighborhoods with one entrance and one exit. Like I said, in summary our neighborhood is over 20 years. We really, really like our one entrance and exit. We hope that you make this recommendation to City Council. Thank you. Barry Knight: Are there any questions? Mr. Bernas. Jay Bernas: You say you're objecting to the vehicular access but would you object to a pedestrian access from that neighborhood to your neighborhood with that connectivity? Dennis Meligonis: Probably not. Of course, I am representing the community and we really didn't discuss that with our community. We had several meetings with the builder. Basically representing the neighborhood here was just for the road connection. Barry Knight: Any other comments? Mr. Henley. :- Al Henley: Mr. Meligonis. On the question that Mr. Bernas just asked if for some reason that the road is not connected, once again, I think it is very important to open up neighborhoods with trail systems primarily pedestrian as well as bicycle traffic as well. Take into consideration with the proposal that Three Oaks has a great opportunity to Item #16 & 17 Mathews Green Associates, L.L.c. Page 5 enjoy the open space that is going to be dedicated by the applicant. So the enjoyment there and not just for that neighborhood would be also be enjoyed by the surrounding neighborhoods just like Three Oaks. Does that sound attractive to you? Dennis Meligonis: Yes. AI Henley: Thank you. Barry Knight: Are there any other questions or comments? Sir, I would like to note that it looks like there are some options on the table. Opening it up for vehicular traffic, which you all don't want, completely closing it for some sort of compromise. I've heard, so far and in some informal discussions that it looks like it would be appropriate to open it up for pedestrian traffic and trail traffic. And also, with what else is being discussed is possibly getting a city deeded right-of-way, a deed access in there because you don't know what is going to happen in 15 or 20 years but don't put a road in there now. There has also been some discussion and the Fire Department has some break away barriers or some gates that they can go through with keys or electronics that wouldn't be used by anyone except for an extreme emergency of a fire or something. So, I would just like to throw that out for some other residents that are going to speak to be aware that we have some options. It's maybe all or nothing or maybe some sort of compromise. Thank you SIr. Joseph Strange: The next speaker is Renee Swinson. Barry Knight: We1come ma' am. Please state your name for the record. c::::. Renee Swinson: Renee Swinson. I'm a seven year resident of Three Oaks and I live in the house adjacent to the proposed development on the end of Kindling Hollow Road. I do support Dennis' stand on opposing a road going through since I live right there but I would like to go further and say that I actually oppose the entire development. I am here to voice my opposition. As Dennis mentioned, currently there are numerous residential developments being proposed and built, and with this increase in density, I begin to question the need for this development. Over the past few years, the following have been considered for development within the Princess Anne section. Chelsea Place, Sherwood Lakes, Mayberry, Highcourt, Heritage Park, Victoria Park, Asheville Park, Nimmo's Quay and Seaboard Acres. On Sunday, June 11,2006, the Virginian Pilot published an article on the Pungo Village Public Hearings and reported that in the last three years over 800 homes have been approved for development in the Transition Area. One Tuesday, June 13,2006, the Pilot ran another article on three proposed developments, two of which are in the Princess Anne Corridor. The article focused on the opposition of these developments particularly that the residents worry that the growth is outstripping the city's ability to repair for the roads and other services. As a 35 year resident of Virginia Beach, I concur with this opposition based on my concern with the city's inability to provide the necessary services proportional to the proposed density increases. Just last Item #16 & 17 Mathews Green Associates, L.L.c. Page 6 night, Sherwood Lakes development was approved by City Council. With all these developments and the hundred of houses they constitute, what is the need for another development? Kellam High School is already overcrowded. The new Three Oaks Elementary School is over booked for next year. With the increase in density these developments represent, these schools will have a difficult time accommodating the children. I have a daughter who will attend Three Oaks Elementary next year and I am disheartened to think that she may have to attend class in a portable.in a two-year old school. A lot of citizens moved to the Transition Area to get away from the overcrowding of northern Virginia Beach. In talks with some other Three Oaks residents that have asked me when is growth and progress a detriment? The Transition Area serves as a land use buffer between the urban northern portion of the city and the rural southern portion of the city. Land use in density within this area should not be a continuation of either form but a transition from one to the other. I want to thank you for your time and consideration and I am opposed to this request. Barry Knight: Thank you ma'am. Are there any questions? Thank you. Joseph Strange: The next speaker B.J. Giancola. B.J. Giancola: My name is BJ. Giancola. Ed Weeden: Sir, identify yourself in the mic. c:::=- BJ. Giancola: Good afternoon ladies and gentlemen. My name is B.J. Giancola. My wife and I have lived at Three Oaks at Kindling Hollow Road for the past 19 years. In the past six months we conducted a survey of Three Oaks homeowners and I would like to submit the original petition with 13 copies containing the signatures of 189 homeowners who oppose having a connection entry/exit from Mathews Green to Three Oaks community. This represents a majority of the homeowners. The proposed connection will only cause significant increase in traffic through our neighborhood, additional congestion to the entrance of Three Oaks and increase safety issues for children who ride bikes, motor scooters and walk our streets with no sidewalks. During several meetings of the Three Oaks Homeowners Association, Mathews Green developers stated they would agree to with the majority of the Three Oaks homeowners to move the proposed connection from the plans if they had permission from the City Planning Commission and Council. I would like to take this opportunity to thank Karen Prochilo for her outstanding feedback with the Three Oaks homeowners and Mr. Kenyon and Mr. Swinson for providing assistance in conducting the survey and Ms. Dalton for making copies of the petition. Thank you for your consideration in this matter. Before you make any decision I would just like to comment that as far as the emergency vehicles, I really don't see where it would gain any benefit by having any kind of access there. If they are going to have any problems it is going to be in either Three Oaks or it is going to be in Highgate Greens. I can't see where it is reasonable that if it is Mathews Green that they would be cutting through or going through Three Oaks in order to get to an a emergency in Item #16 & 17 Mathews Green Associates, L.L.c. Page 7 Mathews Green. We have been here for 19 years and I've never heard of any kind of block up in front entrance of Three Oaks where an emergency vehicle couldn't get through. I don't think that is a problem. In the past few days I heard all this talk about the pedestrian right of way. The people that I have talked they don't want any connection there. We already have a problem whether people that already live there know, there are a lot of children and they're not only riding bikes but they are motorized scooters. That would just add between the developments of increased traffic. Barry Knight: Thank you. Are there any questions? B.J. Giancola: Should I submit these? Barry Knight: Give them to Mr. Livas. That will be fine. Joseph Strange: That concludes the opposition of speakers. Barry Knight: Mr. Maynard. Jeff Maynard: I don't have anything else to add other than what we said in our primary presentation. I guess with regard to the opposition general to the development. While our applicant can't solve all the city's traffic or other problems, we are dedicating a substantial area for future right-of-way improvements, which is a considerable value as well as taking property that is zoned agricultural and adding it to the tax base or to a higher rate. I'll standby for any questions. Again, we understand the community and Mr. Giancola petition. He had informed us earlier that the community doesn't want any connectivity whether that be a pedestrian or vehicular. So, our applicant, again is willing to do that which that the Planning Commission recommends. I would ask for your direction on that. Barry Knight: Thank you. Mr. Maynard, about the right-turn in lane? Please address that. Jeff Maynard: Sure. There is not enough property for the benefit of everyone. The right turn in lane that Mr. Knight is referring to is on Princess Anne Road here. There is not enough land on the Mathews Green property to install a standard a right turn deceleration lane. However, our applicant is committed and our client is committed that during the site plan review process to install a right turn lane that allows for some vehicle stacking into the development. c:::=. Barry Knight Thank you Mr. Maynard. We all know that it is very, very congested in that neck of the woods. Anything that we can help do to facilitate traffic flow in that area is going to be somewhat of a help. Are there any questions for Mr. Maynard? Mr. Bernas? Item #16 & 17 Mathews Green Associates, L.L.c. Page 8 Jay Bernas: Is the applicant willing to work with staff prior to going to City Council on providing pedestrian access? As I understand it, and staff correct me if I am wrong that Three Oaks will have a pedestrian access to Sherwood Lakes that was recently approved. Correct me if I'm wrong if that is true or not? Karen Prochilo: Highgate Greens has a pedestrian access to LBH (Sherwood Lakes). Three Oaks does not have any connection currently with any developments. This is a proposed connection but it is a street tie connection. That is how it is being proposed. Jay Bernas: So is the applicant willing to work with staff, I guess on providing some sort of pedestrian access? Just like Mr. Henley had mentioned that Three Oaks would also have the benefit of this tremendous open space that this development will be providing? Jeff Maynard: The applicant is certainly willing to do it. In fact, the applicant is willing to install a road. However, as we represented to the community we would support their direction on this initiative. We understand that 189 members, a majority as Mr. Giancola has pointed out opposes the application for that reason, then we of course wouldn't want that. Barry Knight: Thank you. Mr. Ripley? Ronald Ripley: Mr. Maynard, the road that you designed to connect to Three Oaks, the street stub that is shown on the plat, that was an existing street stub that you designed too, I assume that you didn't have to acquire? Jeff Maynard: That is correct. Ronald Ripley: That was envisioned as a conductor when Three Oaks was platted? I assume? Jeff Maynard: Right. We reviewed the plat for Three Oaks at the time and there was no cul-de-sac provided at that time. We looked in fact to see if there were additional notes or anything that pointed to future connection but all that was shown on the original plat was a street stub and not a cul-de-sac. So we assumed that was provided for future connection. Ronald Ripley: Thank you. Barry Knight: Mr. Livas. c== Henry Livas: Did your original plan call for that connectivity or did you do it as a result of the city forcing you too? Jeff Maynard: Our original plan showed the connectivity and I don't know if it was the Item #16 & 17 Mathews Green Associates, L.L.c. Page 9 city forcing us to do it because it was part of the requirement of the subdivision ordinance. I think Mr. Kellam and his engineering firm originally designed the application to comply with the subdivision ordinance. Barry Knight: Mr. Crabtree. Eugene Crabtree: Yes. If you do not put a vehicular connection there and it is just a bike and pedestrian, that would sort of connect your community as well as the Greenway to the Three Oaks neighborhood, and it would give the Three Oaks neighborhood a much larger area for their recreational purposes or whatever. Do you have any idea of what the City's Parks and Recreation plans to do with the open space or really what they plan to put in there other than just trails? Jeff Maynard: We haven't gotten an indication from the City on that. The only thing that we did discuss was at the time we agreed to dedicate that space to the city. We wanted it to remain as an urban forest. So we included a restriction that we didn't want ball fields or that type of recreation. Eugene Crabtree: No. But did you put any restriction on there as far as other leisure activities other than just biking and walking? Jeff Maynard: Right. What I included in the restriction, I think was the term "passive recreational use", which would be walking and hiking trails. Eugene Crabtree: Alright. But that is going to be Parks and Recreation? Jeff Maynard: Yes. As I understand it as I confirmed with Karen. Barry Knight: Are there any other questions of Mr. Maynard? Thank you Mr. Maynard. Jeff Maynard: Thank you. Barry Knight: I'll open it up for discussion. Mr. Henley. c::=. Al Henley: I would like to compliment the applicant as well as the staff and the ability to work and discuss the many issues that have arisen as a result of this application. I believe the application is an application that has been well thought out, well planned. It would certainly compliment the neighborhood of Three Oaks and the surrounding area. I may want to mention that very seldom we have an opportunity that a number of applicants will actually benefit the city, the neighborhood. The applicants have dedicated additional property that is directly across from the historical structure mainly called Nimmo Church. And I had a letter in possession that was signed by the church applauding that, which I thought was really gracious of the proposed development. Along with that the dedication, the deed, the proposed Princess Anne Road relocation is also very beneficial to the traffic Item #16 & 17 Mathews Green Associates, L.L.c. Page 10 situation that everyone is aware of. This will certainly benefit alleviating a lot of the traffic concerns in that particular cross intersection. The open space will also benefit the city, that particular neighborhood of Mathews Green, as well as Three Oaks, and the other surrounding neighborhoods to enjoy the open space and large canopy trees that are present in that particular area along with the trails that are proposed for that area. Understand that the street connection is a standard that the City of Virginia Beach has adopted years ago, and obviously was adopted for a purpose because at one particular time there were locked in neighborhoods and nobody could gain access. There was one way in and one way out. Unfortunately, life and loss of life and threatening of structures because of fire and staff had to get along with fire and rescue and they established this ordinance. We had a real neat year to be exercised and that is to open up neighborhoods to avoid unfortunate critical situations to avoid death, emergency situations, heart attacks, fire and rescue. As the gentlemen pointed out they never had that situation arise in Three Oaks. I think that is very fortunate and we all hope that we would never have that particular situation to occur. But it only takes one situation. One particular critical incident and people begin to think if that only other access would have been open and we would have had a clearer shot because minutes count when life is in limbo. Again, minutes count when a fire engine cannot get there appropriately in time. That is something that is real life situation. I can clearly understand the resident at the end of that particular street. I have had my solitude. I can clearly understand and appreciate where those individuals are coming from. However, when you look at the future of the city, and the future of well planned neighborhoods, I think it is the only way to go. Bottom line, City Council will be the one that will be listening to this to make a decision whether that street connection will, in fact be open to traffic or it will be closed or if it is an option possibly pedestrian and bikeway systems. I, for one, believe that bikeway and not encouraged to vehicular traffic. I am not in support of that even though it is against city staff, and I hate to go against city staff but I realize that on the books they had to recommend that for the public well being. But I can clearly sympathize with that neighborhood. If I lived there I would probably not want that myself but I would be delighted to have a cross connection or pedestrian as well as bikeways. The elevation that is proposed in this is an excellent opportunity for an upgraded upscale neighborhood that everyone can certainly be proud of. It is a close knit neighborhood with trails that they could enjoy, bikeways and the tremendous open space behind canopy trees that is present in that particular area. I can go on but I'm not going to delay any longer. I will say I will be supporting this for those reasons that I mentioned today. Thank you. Barry Knight: Thank you Mr. Henley. Are there any other comments? ~ Eugene Crabtree: Just one quick one. I want to ditto AI's comments and say that as far as the pedestrian and bike connectivity, the Bike and Trails Committee that has been formed in the last year here in the city has worked very diligently and has made recommendations, and we've changed the Comprehensive Plan to try to connect the entire city with pedestrian and bike access so that we could go from one point in the city to the next. All over. No matter where it is, all the old neighborhoods, all the new Item #16 & 17 Mathews Green Associates, L.L.c. Page 11 neighborhoods and all. So, I too support the connectivity of the bike and trails. If for no other reason than for the continuity of us having our communities connected so that we can go and flow from one to the other throughout the city, which we hope some day to run from over the Amphibious Base Little Creek all the way down to the city line going towards Knotts Island. We hope someday to have connectivity. Barry Knight: Thank you Mr. Crabtree. Are there any other comments? Discussion? The Chair will entertain a motion. Al Henley: I'll make a motion to approve. Ronald Ripley: Second. Barry Knight: A motion to approve by AI Henley and a second by Ron Ripley. Mr. Henley, tell us again that you are approving it as stated or any changes between here and Council? Al Henley: I'm approving it as stated with the exception of not tying in the Three Oaks street for vehicular traffic. However, I wanted it to be a dedicated right-of-way joining both neighborhoods with a pedestrian access and with also a bikeway. Those bikeways and pedestrian will be paved for concrete. Barry Knight: Thank you. Is that your second Mr. Ripley? Ronald Ripley: That is not my second. I withdraw my second. Barry Knight: Okay. There is a motion on the floor. Do I have a second? Janice Anderson: I'll second it. Barry Knight: Ms. Anderson. Is there any discussion? There is a motion on the floor with the adjustment made. We have a first by Al Henley and a second by Jan Anderson. I'll call for the question. Karen Prochilo: May we ask that the motion be with a surface approved by Parks and Recreation, if that is possible? Al Henley: Yes. I concur. Barry Knight: Ms. Anderson? c::=... Janice Anderson: That is fine. Barry Knight: Thank you.. Call for the question. Item #16 & 17 Mathews Green Associates, L.L.C. Page 12 ANDERSON BERNAS CRABTREE HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 9 ABSO ABSENT 0 NAY 2 AYE AYE AYE AYE AYE AYE NAY NAY AYE AYE AYE Ed Weeden: By a vote of 9-2, the Board has approved the application of Mathews Green Associates as stated and as approved by Parks and Recreation. Barry Knight: Thank you Mr. Weeden. c::::::::.=.. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6326 DATE: July 7,2006 FROM: Leslie L. Lilley B. Kay WiIS~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Matthews Green Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 18, 2006. I have reviewed the subject proffer agreement, dated May 19, 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 / Document Prepared By: Troutman Sanders LLP 222 Central Park A venue Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 19th day of May, 2006 by and between MATHEWS GREEN ASSOCIATES. LLC, a Virginia limited liability company (the "Grantor"), the current owner of that certain property located along Princess Anne Road, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNES SETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from AG-2 to Conditional R-20 (PDH-2); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible us'es conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 Conditional R-20 (PDH-2) are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditi anal amendment to the Zoning Map, in addition to the regulations provided for in the existing R-20 (PDH-2) distrjcts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN NO.: 2404-94-9948.0000 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro QUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformance with the conceptual plan titled "Rezoning Exhibit of Mathews Green", dated March 21, 2006, and 2 prepared by Kellam Gerwitz, a copy of which has been exhibited to the City Council and is on file with City Planning Department (the "Conceptual Plan"). 2. When developed, all residential lots numbered 1 through 45, inclusive, on the Conceptual Plan shall meet or exceed the following setbacks and lot dimensions: a. Front Yard Setback: Twenty Feet (20') b. Front Yard Setback for Unenclosed, Attached One-Story Porch: Ten Feet (10') c. Side Yard Setback: Ten Feet (10') d. Side Yard Setback Adjacent to a Public Street: Twenty Feet (20') e. Rear Yard: Twenty Feet (20') f. Rear Yard for Accessory Structure: Five Feet (5') g. Minimum Lot Area: 11,700 square feet 3. When developed, all residential lots numbered 46 through 49 on the Conceptual Plan shall contain a rear yard landscape buffer at fifty feet (50') in width along the re-aligned portion of Princess Anne Road, cross-hatched and shown on the Conceptual Plan. 4. On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall dedicate to Grantee the portion of the Property along Mathews Green hatched and shown on the Conceptual Plan as "R/W to Be Dedicated to City" Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. 5. On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall dedicate to Grantee a portion of the Property for the future re-alignment of Princess Anne Road. The portion of the Property to be dedicated shall be located within the area of the Property hatched and shown on the Conceptual Plan as "New Alignment Princess Anne Road". Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. 3 6. On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall record a Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions"), which shall be administered and enforced by a homeowners association in which all landowners within Grantor's development shall be members. The Deed Restrictions shall be prepared in substantially the same form as the exhibit titled "Proposed Deed Restrictions" exhibited to the City Council and on file with the City Attomey's Office. 7. The Deed Restrictions shall require the establishment of an architectural review committee which shall administer and enforce the "Architectural Design Guidelines for Mathews Green Subdivision" dated August 28, 2005, a copy of which has been exhibited to the City Council and is on file with the City Planning Department. The Architectural Design Guidelines shall apply only to the residential lots numbered 1 through 45, inclusive, on the Conceptual Plan and shall not apply to lots 46 through 49, inclusive. 8. The areas shown on the Conceptual Plan as "Homeowners Assoc. Open Space" (the "Open Space Area") shall be subject to restrictive covenants recorded which prohibit the use of such area for any purpose but recreation and open space use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed to each lot or parcel within Grantor's development. The covenants shall be approved by the City Attorney, or his designee, and recorded before the first building permit in Grantor's development is issued. 9. Grantor shall provide for maintenance of the Open Space area, either by the homeowners association, in which case all property owner's within Grantor's development shall be responsible for the costs and expenses of such maintenance, or by conveying an interest in the Open Space Areas to a public or private entity for such purposes. 10. Grantor shall dedicate the area shown on the Conceptual Plan as "Open Space/Preservation Area" (the "Preservation Area") to the City of Virginia Beach, no later than thirty (30) days after the issuance of the first building permit within Grantor's development. The Preservation Area shall be subject to restrictive covenants recorded which prohibit the use of such area for any purposes other than open space use or passive recreational uses, such as hiking trails, walking paths, or other similar uses which do not detract from the forestral nature of the 4 Preservation Area. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed dedicating the Preservation Area to the City of Virginia Beach. The covenants shall be approved by the City Attorney, or his designee. 11. Grantor shall file and obtain approval of a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the approval of any subdivision plat within Grantor's development or the issuance of a building permit. 12. Further conditions lawfully imposed by applicable development ordinances 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 zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that 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 Grantee. 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: MATHEWS GREEN ASSOCIATES, LLC, a Virginia limited liability company By: Q S-~.Y\.. Name: Title: - COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: T~foregoing instIj;Ime~t was acknowledged before me this2Z')1~ay of ~ ~ ' 2006, by M} 'c..AGLi. C p.c....tfl.~ his capacity as member of Mathews Green ASSOCIates, LLC, a Virginia limited liability company. He is personally known to me or has produced as identification. My Commission Expires: /0 6) ~ X:Vil-~ Notary Public .iWA5COMMISSIONED PAMELALHrl'B VB296548v3 6 EXHIBIT A LEGAL DESCRIPTION AlL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as S.R. Mathews 50.0 ac. as shown on that certain plat entitled, "PROPERTY OF S.R. MATHEWS LOCATED NEAR NIMMO CHURCH - PRINCESS ANNE CO., VA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 29, at page 6. LESS, SA VB AND EXCEPT that portion conveyed to the City of Virginia Beach by Deed dated July 18, 1983 and recorded in Deed Book 2273, at Page 359. IT BEING the same property conveyed to Mathews Green Associates, LLC by Deed from Spencer Relmond Mathews, Jr., Louis Scott Mathews and Claudius Floyd Mathews, II, dated July 12, 2005 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200507280117500. 7 "-,. DISTRlCT ! ~ AG-2 AG-2 (:) AG-I o Street Closure CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THOSE PORTIONS OF MATHEWS GREEN, DESIGNATED AS "PORTION OF MATHEWS GREEN TO BE VACATED (0.08 ACRES) AND PORTION OF MATHEWS GREEN TO BE VACATED", ON THE PLAT TITLED "STREET CLOSURE EXHIBIT OF MATHEWS GREEN, VIRGINIA BEACH", PREPARED BY KELLAM GERWITZ ENGINEERING - SURVEYING - PLANNING, AND DATED MARCH 23,2006. MEETING DATE: August 22, 2006 . Background: Application of Mathews Green Associates, L.L.C. for the discontinuance, closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of its intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and the southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road. DISTRICT 7 - PRINCESS ANNE This request was deferred at the July 18 City Council meeting at the request of the applicant. . Considerations: The applicant intends to purchase the two halves of Mathews Green to incorporate into the veterinarian's adjoining property across from their proposed residential development. The veterinarian has agreed to provide a portion of his property to the applicant in exchange for the street closure property. The portion of property provided by the veterinarian gives direct access of the proposed development to Princess Anne Road and provides the veterinarian a safer access. The Viewers Committee has determined there is no future need for the right-of- way. The area of the street closure will be incorporated into the adjacent non- residential property. The street closure improves the accessibility of both the existing non-residential property and the proposed residential development. Mathews Green Associates, L.L.C. Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department'- City Manager: ~ . <J.3 ~ MATHEWS GREEN ASSOCIA TES, L.L.C. Agenda Item 16 June 14, 2006 Public Hearing Staff Planner: Karen Prochilo AG-2 / / ./ ./ AG-I , \, " " REQUEST: Discontinuance. closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of Mathews Green intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road . ADDRESS I DESCRIPTION: Property beginning at a point approximately 130 feet east of Mathews Green intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road. COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 0.43 acres SUMMARY OF REQUEST The applicant intends to purchase the two halves of Mathews Green to incorporate into the veterinarian's adjoining property across from their proposed residential development. The veterinarian has agreed to provide a portion of his property to the applicant in exchange for the street closure property. The portion of property provided by the veterinarian gives direct access of the proposed development to Princess Anne Road and provides the veterinarian a safer access. EXISTING LAND USE: Paved road LAND USE AND ZONING INFORMATION *~,~ ---,~~~,_j:;:;;" r.);'- ,"."."!;~,,-'" .^::,~..,- .'~ ~'..r '.^', ::,:::" ,,~~.; ,,- ~', ^ ,- <:. ",......;,.',. .,;,_~ '-,:~-';":~L'~-;~,~ ~::(:',-:~,,,,;;<,:,, ,~ .".,....':: MATHEWS GREEN ASSq@~ATE$, L ~:9Emda It ...jg SURROUNDING lAND USE AND ZONING: North: South: East: . Veterinarian's office / B-2 Community Business District . Proposed residential development / Currently AG-1 & AG-2 Agricultural District (Proposed CRZ to R-20 (PD-H2 overlay) . Continuation of Mathews Green to intersection with Princess Anne Road . Single-family dwellings / R-20 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The area proposed for closure is paved. AICUZ: The site is in an AICUZ of 65 dB Ldn - 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS (TRAFFIC ENGINEERING): As a condition of the closure of Mathews Way, Traffic Engineering will require that a chanelizing island be added at the Veterinary Clinic entrance at the proposed private road to prohibit vehicles from cutting through the private road from Mathews Way to Princess Anne Road. The configuration of the private road (Mathews Way) intersection is based upon the existing Veterinary Clinic land use that the private roadway serves. If this property were redeveloped into a higher traffic generator, Traffic Engineering reserves the right to modify the access arrangement. The developer will be required to provide a right turn lane on Princess Anne Road at the proposed Mathews Way intersection. Traffic engineering acknowledges that a standard right turn lane cannot be built because of right-of-way limitations. Right-of-way requirement will be determined at the time of site plan review. On the southbound (inbound) side of the median on the proposed Mathews Way from Princess Anne Road to the median opening for the veterinarian entrance, the pavement width must be 24 feet. This width will allow Mathews Green residential traffic to bypass vehicles waiting to turn into the veterinarian entrance. The proposed left turn lane on Princess Anne Road at Mathews Way to meet Public Works Standards for storage bay and taper length. Additional detailed comments may be made during site plan review. Separate comments have been provided regarding the associated conditional rezoning application for Mathews Green Associates, L.L.C.. ,i>",./t--:;'_:':~'~~""";K''''''' ,-""" .'." '.A ^ ,,' -'" -.. ..,,/" <<'X.' 'c' ;":',:..::,.:"././.'.' MATHEWS GREEN AssQe:iATES, Ll~.C. ff\g~ndaJt.. 16 WATER: There is a 16 inch water line located within the proposed street closure which will require dedication of a 30' public utility easement centered over the waterline. In addition, an all weather access will be required within the easement. The developer needs to be advised no encroachments Le. structures, will be permitted within the easement. SEWER: There are no sewer lines in the area proposed for closure. The Comprehensive Plan recognizes this area as being within the Transition Area / Princess Anne. COMPREHENSIVE PLAN "Policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments. "(p. 143) Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION The Viewers Committee has determined there is no future need for the right-of-way. The area of the street closure will be incorporated into the non-residential adjacent property. The street closure improves the accessibility of both the existing non-residential property and the proposed residential development. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure ot the right-ot-way shall be contingent upon compliance with the above stated conditions within 365 days ot approval by City Council. It the conditions noted above are not accomplished and the tinal plat is not approved within one year ot the City Council vote to close the right-ot-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. ;~:,,,,../" ""'" ,"'~cX" , '.),~:> ....~.M .":"":'~'-"^"~ r'\'-" t...",;; ~'v....~ <. ~, ';;!,'Z~;:;.~.., < ' '.'''~~. MATHEWS GREEN Assqel,4.TES,k~a.C. ~&ndaJt ,6. ..,' ,.,..4 '. " - . "," ...".' ':;:.~ . '-;.:,. (.(') ..': "~', "~~ ..,'-....-, AERIAL OF SITE LOeJ('FJQ~"', ...>,,',.. -,..: ". :..' '- ",- -, -:,. -~ .,.^~, ,. :.",,:, ._,,"> '" '<,,,,/,,1 ';:::-'~:'''-;,~:<.'<:''-''-f::-: - .,~ '~~;~i"'::; ,'. '/-"-'-, ',:" MATHEWS GREEN ASSQGJATES, '~9~ndaJt ",:,-.-.,::.",:""'}" "0 0::: .Q) 0..1:: l.. I:: 0< '() '<f.... ~:e1O -0 81OC) C'I,l c: r:: I D..(I) 0-.:10 ~. . ::c 0.. f l8 th -;; LO '<f .- c O~~CD'C (I) NN::! ~ ~L -?;j) 'Q;! 0' I~ 81 &~ 8~ ta 5~ ~ ~'" .jg' ori"': ~ 1tS..: _N N~ is is:Ws.. WW is: is: IalW i') :a~ f;l~ ~~ Ill.., ~~ ~! ~~ ~f~ ~i 0::", "co ~; ..... -- ~- ..,... lnlll lI>~ Izlz 1/)4/) w ~.:; ~~ ::!is !It S~ a::: ~ aI.l o ....10 Co It) I') , C)C!) 0..0.. eN 10(:) 11.Q. ,..:~ tn<( ~- ~ l/)LOQ)~...,. Ol/)<O~ r- Q 8 t<') cci~ II) o c I <> 1>>\._ It) Cl Q.. Q. COcl:O>l1. . <( \1 "a)~ 0) ~ ... II) '" l.t..09.I")....N lL. ~ ~ m! ~ z w w ~ Q V) ~ :c ~ ~@ 06 ' Z<eVi o>~ -wu ~ a::ri( OO~ 0..1-2. Oi- O ~ Q, 1)>.9 ~ V ~~ V. ~ 'i- I)> J; ,~ ~.r.\. 4' ~ . 'Q~ ~ 0--. ~~-{ . ~~;e ~vc~~~\- (~.Ee/EeO\'N:.:I3li ..itS " '. ...~"".'..,.~ . ." ~... , .~ ..0 o 1:: z~1 ~ ~ tl:l8 .' ..~.~ ?;S.. ~ '..Nl~i ~.o ..~.. ...~. ~b @o~rePll IE #~ >1'1.1 ~ <C< .. ! ~~ lJ ClI:: > o c-I ... C,) -' -' W ...J ~o \1')", u :Co 0-:2 ~~ t:)o G:i w u.. .0 Iu..o ~ II :::r: u ?; vi' l.Ll I- <( c...> o (I) (I) g <( ~ ~g ~:g ~~ Z ~ ~(X) ~~ ~ C)(I)~ "r...- !/l 0) mo ...... Vl (f) 8 0) 28V)~ 3: .5.J. cON ~ ~ I.LI ct 0) l1. 0 W CO :c '-Z:r: q Fo>"'" 1-0 <( 00 eN.-: <0..- ""'" C'I,l ~ alm. ~O ..::; N C'ol ~l:' -<'w LI...~ Ou Z<c 0> -W t;cc 2~ .... ... SURVEY OF AREA TO BE Gt:.'OSEo"~~" ~-;",~:;s..>,j , ,""-..,t >:~'~':":_\('~;i~.:~- ;,~ ," ;<~;;;>j ;;:',,) , ';.:,.~,_~fr-'" MATHEWS GREEN ASSq~JATE$, h-~l.C. ~g~nda Jt(3~t6 ..... .........'.~~g~.;:~ . -, , . ~ "" , , '\::: <\ AG-2 I "" DISTRICT / .,,~ AG-2 o AG-I o Street Closure 1 11/27/01 Conditional Rezonina from R-20 to AG-2 Granted 2 11/24/98 Modification of Conditions Granted 03/26/90 Conditional Rezonina from R-20 to B-1 A Granted 3 1 0/23/89 Conditional Rezoning from R-20 to 0-2 Granted Reconsideration of CRZ from R-3 to 0-1 4 04/25/88 Street Closure Granted 5 08/27/86 Downzone to AG-1/ AG-2 Granted MATHEWS GREEN AssqeJATE$, [,.':i .C.. !(\9~nda It 16. 7 ..,:,;:;';;r~c-j~.(:::><... ZONING HISTOB~7i.:;',~</(::i,<. ~?~>,::,'-" _' '. '~:_'c' /':" ':" ,)y?" ,- .",' '-.:.-;,.-: ',~', ,:' ',"'(;:;. .~; ':~ :",j "'-. m ' .-~, " :;~~~ ,~"':<<'>,~~,, -, ,...-:/. ".,.,,>.')'....,~.; z o I I ~ U I I ,~ ~ ~ ga I::J c.I:J o ~ U E-4 ~ ga E-4 c.I:J ~ DISCLOSURE STATEMENT II 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) MalhewsGretm ~Ies, LLC Charles F. BUlTOI.l\lhs. m Richatd Burroughs Robert s.Kenam William C. Gemltz Edwald A. Chaplain 2. List all businesses that have a parent-subsidiary' or affiliatedbusinessentityl relationship with the applicant: (Attach list if necessary) [None I o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thissect;on 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) ISame as ~pl_' I 2. List all businesses that have a parent-subsidiary' or affiliated business entit; relationship with the applicant: (Attach list if necessary) [ I o Check here if the property owner is NOT a corporation, partnership, firm, business. or other unincorporated organization. , & 2 See next page for footnotes SIr*! ClosUre Apptication Page12of13 ! Revised 91112004 1 H~:,~"~'~_".. ,., ,.,'_ ;"c''','', c:. ;:'. " \--< ~'-;"'-/'-:. .,,"~', '''''''~' ","vi', ",)_~,:,..v - ..,-.../ .~""'<;~'" ~,,::''-'~>-< :~;~;-'",,:; ,""",,' ~. ,',y.. ., MATHEWS GREEN ASSOGJATES, L:1....C. -< ;~""'" "'--':"'.' : "- - --.".>. '~g~ndalt'(t6 ," '8 '---y,.^. "'<Z -., ",--:.-.,{ DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses tnat haVe or will provide services with respect to the requested .property use. including but not Jimited to the providers of architectural services. real estate services. financial services. . accounting services. and legaLservices: (Attach Iistifnecessary) Kellam Gerwitz - engineering and survey services Troutman SandersLLP -legal services 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 GovernmentConfJict of Interests Act. Va. Code ~. 2.2~3101. 2 ~AffjJiated busines~ entity relationship. means "a relationship. other than parent~subsidiary relationship. that exists When (i) one business.entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered. in. determining the existence of an affiliated business entity relationship include thatthe 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 S 2.2-3101. Applicant's Signature Mtr.hews Gte&n -., LLC Richarll Burrcugh.. Manage. Print Name Property Ollmer's Signature (if different than applicant) Print Name Street Closure Applicatioo Page 13of13 Revised 9t1i2004 z o I I I u I I ....:l Q-. ea fia .;:J r.I) o ....:l U ts .ga ~i 1 ,""."~..,,c ., >'~"':~::,,\\<J.:' ''0 ;3 X<;~"'::,,-" ",'~:;', , ,.'-...... ,~~ '.,;' :: ;~"-':::-::'::~:T~\;~~ ," ,...,j March.29, 2006 City of Virginia Beach Planning Department Building 2, Room 115 Virginia Beach. VA 23456 Re: Proposed Closure of a Portion of Mathews Green Dear SirlMadam: F. F. Associates (the "Company") is the owner of property adjacent to a portion of Mathews Green, which Mathews Green Associates, LLC has petiti close. The Company has reviewed the Street Closure Application and materials to be s to the City of Virginia Beach. The Company agrees with the closure of the street, unders at the Company will have the option to purchase the portions of the street adjacent to its propeny. understands that the City Council may place conditions upon the street closure, and agrees that the Company will agree to those conditions. Witness the following signatures and seals. F. F. Associates a Virginia general partnership ,~r ~1?fr...><~ COMMQN\VEALTHO~GlNIA CrtYJeoum'IOF ... ..~. . ,to-wit: The f~....~.go'.g~.. . rllmf1tWl!S ac.knoWledged before me this fl. ~...Q...........daYO.f... ..lhtMf. .. ......' 2006.by. . . . .... . .. .. \...:9A~ ., who _is~nallyknowntomeor---=::,"" haspf{)(iu~ as identification, inhislhercapacityias ofF. F. ASSOCIATES, a VirginiageneralpartnerShip.Oribehalfof the general partnership. My Commission Expires: I-~/-'" ~JA. ..fJ...{lJ~ Notary Public 3U636 DISCLOSURE STATEMENT - ADQEttlDUMj":\-f\, ~::~ '~:::"~> ;"-'/~~ /. ~: ;' ", -:"-~-" ~>, ,>.,," >,~~::;>-j: .y',." "/,,,,:'V ':..;~><y L__A" MATHEWS GREEN ASS~j,4.TES,h6l.c. ~gE}nda It 16 ^:8-10 '^"'" '" ~ 0<' ..', ;:> )", ;--:.,,<>/:,<..<<,:,""" Item #16 & 17 Mathews Green Associates, L.L.c. Discontinuance, closure and abandonment of portions of Mathews Green Change of Zoning District Classification 2217 Mathews Green District 7 Princess Anne June 14, 2006 REGULAR Barry Knight: Mr. Secretary. Joseph Strange: The next item is Item #16 & 17, Mathews Green Associates, L.L.c. Application of Mathews Green Associates, L.L.c. for the discontinuance, closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of its intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and the southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road, District 7, Princess Anne with four conditions; and Item #17, Mathews Green Associates, L.L.c. Application of Mathews Green Associates, L.L.c. for a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts to Conditional R-20 Residential District with a PD-H2 Overlay on property located at 2217 Mathews Green, District 7, Princess Anne with twelve proffers. Jeff Maynard: Thank you Mr. Strange. Good afternoon Mr. Chairman and members of the Planning Commission. My name is Jeff Maynard. For the record, my business address 222 Central Park Avenue, Suite 2000. I'm here on behalf of the applicant Mathews Green Associates. I have with me Bob Kellam, Bill Gerwitz, Jim Hogan, and Charles Burroughs who are investors and or architects and engineers in this project. Briefly, if Mr. Kellam would step forward, I wanted to show you the aerial photograph of this property. I know that many of you are familiar with it. This is the old property of Virginia Mathews, which my client has purchased. It is an approximately 49Y2-acre tract located along Princess Anne Road. You see that Nimmo Church is here. The Three Oaks community is this way. Princess Anne Road runs along the front and there is a 7-Eleven right here where Princess Anne Road turns to the south. The property is presently zoned agricultural. My clients would like to rezone this property from agricultural to R-20 with a PD-H2 Overlay. And if Bob would switch slides I'll show you briefly their site plan. This property is largely wooded and impacted by wetlands. Weare located in the Transition Area and achieving density by meeting a 50 percent open space requirement. Approximately 17.28 acres is what we are calling a "preservation area" that will be dedicated to the City of Virginia Beach, and then we have additional homeowners open space interior to the community that will allow us to achieve the 50 percent threshold. Here are a couple of things about the application. We are proposing 49 residential lots, 45 of them will be clustered on this side adjacent to or near the Three Oaks community. Item #16 & 17 Mathews Green Associates, L.L.c. Page 2 There are four additional lots that are not part of the same Homeowners Association but reserve for future development up along Princess Anne Road. The applicant is proposing a dedication of a little less than four acres of land for realignment of Princess Anne Road that we understand will be coming at some point in the future, as well as a dedication of approximately Y2 acre of land to preserve and protect Nimmo Church. The homes to be located on this area, and we will come back to that slide. I wanted to point out for you are brick colonial and design, Georgia Revival Architecture that will be high quality material such as brick or wood or real stucco. There won't be any EIFS or any vinyl in the community. The homes will all be built on crawl spaces and will have either rear or side garages unless the garage is located farther back than the rear of the house that is located on that property. A couple of other items. The price ranges for this development is going to be in the $600,000-$800,000 range. So they are high quality materials and a very high quality development. If you would turn back to the slide, I wanted to let you know that we have met on four occasions with the Three Oaks community. I understand that a couple of their representatives are here, and I wanted to point out the issues that we have been able to negotiate with them and then focus on the last issue that we have come to an agreement on but I wanted to point out. Initially when our engineers and the applicant filed this application, the entrance was proposed along Princess Anne Road. They have spent considerable time during this process working with the city planning staff and traffic engineering department to come up with an acceptable alignment at the entrance along Princess Anne Road. That also is the reason for the street closure application that is a component of this overall development. The street closure has been negotiated with Dr. Francois who owns FM Associates and has a veterinarian practice there. He will be getting this section of the street closure and it will increase the size of his lot and will allow him to configure the entrance to his property through our development instead of the oddly shaped entrance that is presently located along Princess Anne Road. A couple of the issues we had and discussed with the community on. Several of the residents along the storm water pond were concerned about the size of these lots initially. We were able to expand it greatly. I will point out the average lot size in this community is approximately 16,000 square feet. The smallest is in the 11,000 square foot range. We have some that are over 20,000 square feet, and the larger ones are along this area. Another issue that was raised in the early session dealt with the buffering. And as pointed out, the owners of the property of Three Oaks, their property lines go to our side, I guess of the canal here, so they actually own this property here. There is going to be an existing strip of trees that will remain we will not be able to touch them as they are part of the other property owner's property. I will point out our open space, the Homeowners Association open space has connectivity with an internal trail system. There are sidewalks on both sides of the property. Probably the issues that we spent the most time on with the community deals with the connection of Kindling Hollow Road, which is here on the site plan. The residents of the neighborhood have objected strongly to that. They pretty much from day one and 'first meeting we had with them said they did not want our neighborhood to connect with theirs. As we have gone through the planning process, we understand that the City's subdivision ordinance requires us to show connectivity but I wanted to represent to you that if it's the will of the Commission and Item #16 & 17 Mathews Green Associates, L.L.c. Page 3 the City Council, our applicant does not wish to show a vehicular connection. This morning there was some discussion whether we would be willing to install pedestrian connectivity such as bike trails or walking paths between the communities. Weare, of course, willing to build a road. However, the residents of Three Oaks, I believe are opposed to that notion. So we would, again, seek your direction on that. I would point out that if connectivity is eliminated the change in the site plan would be that Mathews Way would be basically a loop road with a single entrance off of Princess Anne Road. We would eliminate this and it would become and these lots may change just a little bit but there would be no connection between the neighborhoods. There would be no cul-de- sac here as well. It would be just a loop road system. So, with that, I will standby for any questions and ask for your recommendation for approval. Barry Knight: Are there any questions for Mr. Maynard? Mr. Crabtree. Eugene Crabtree: The same one I asked this morning. Is it not only going to be pedestrian friendly but bike friendly as well? Is the developer going to put in not only sidewalks for pedestrians but trails for bicycles? Not only in the open space that Parks and Recreation are going to do it but within the development itself along the streets? It is very important that they have bicycle access as well. Jeff Maynard: Our development will have trail systems here and sidewalks all the way around that will accommodate bicycle access. Eugene Crabtree: It will be large enough and wide enough for bicycles and use them as bike paths as well? Jeff Maynard: Yes. I would point out that we are going to dedicate this portion to the City. Eugene Crabtree: I understand that. But this is above and beyond what the City is going to do. Jeff Maynard: Right. Barry Knight: Are there any other questions? Thank you Mr. Maynard. Jeff Maynard: Thank you. Joseph Strange: Speaking in support of the application we have Robert Kellam. Robert Kellam: Actually, I was just asked to fill out a card. I have nothing to add. Joseph Strange: Good. Speaking in opposition, the first opposition is Dennis Meligonis. Item #16 & 17 Mathews Green Associates, L.L.c. Page 4 Barry Knight: Welcome sir. Dennis Meligonis: Good afternoon. Barry Knight: Please state your name for the record. Dennis Meligonis: I'm Dennis Meligonis. I'm the President of the Three Oaks Homes Association. This time I am representing the residents of the neighborhood and we do have several. I would like for them to stand please. Confirming with the developer, our opposition to this neighborhood is the connection to Kindling Hollow Road. Basically we have two reasons why we don't want that road connected. Three Oaks neighborhood is a little over 20 years old. We have a very, very low crime rate. We feel this is because of the one entrance and exit into the neighborhood, we haven't had any major crimes because we don't have an escape route but if you did connect the Kindling Hollow Road that would allow an escape route out of the back of our neighborhood. The second issue is we are in a school walking zone. We did have the new elementary school built behind our neighborhood. We don't have sidewalks in our neighborhood. So all of the children in the neighborhood have to walk on the streets to school. With the Kindling Hollow connector being in back of the neighborhood that would certainly cause a change in traffic patterns and certainly cause increase traffic to the back of the neighborhood where a majority of the students would be walking to school. Approximately in the last 24 months there have been several neighborhoods within a three-mile radius of Three Oaks. Some of them are Princess Anne Quarter, Victoria Park in Virginia Beach, High Court, Chelsea Place, and Seaboard Forest. All of these are single entrance and exit neighborhoods and we feel we should have the same consideration as those neighborhoods with one entrance and one exit. Like I said, in summary our neighborhood is over 20 years. We really, really like our one entrance and exit. We hope that you make this recommendation to City Council. Thank you. Barry Knight: Are there any questions? Mr. Bernas. Jay Bernas: You say you're objecting to the vehicular access but would you object to a pedestrian access from that neighborhood to your neighborhood with that connectivity? Dennis Meligonis: Probably not. Of course, I am representing the community and we really didn't discuss that with our community. We had several meetings with the builder. Basically representing the neighborhood here was just for the road connection. Barry Knight: Any other comments? Mr. Henley. Al Henley: Mr. Meligonis. On the question that Mr. Bernas just asked if for some reason that the road is not connected, once again, I think it is very important to open up neighborhoods with trail systems primarily pedestrian as well as bicycle traffic as well. Take into consideration with the proposal that Three Oaks has a great opportunity to Item #16 & 17 Mathews Green Associates, L.L.c. Page 5 enjoy the open space that is going to be dedicated by the applicant. So the enjoyment there and not just for that neighborhood would be also be enjoyed by the surrounding neighborhoods just like Three Oaks. Does that sound attractive to you? Dennis Meligonis: Yes. AI Henley: Thank you. Barry Knight: Are there any other questions or comments? Sir, I would like to note that it looks like there are some options on the table. Opening it up for vehicular traffic, which you all don't want, completely closing it for some sort of compromise. I've heard, so far and in some informal discussions that it looks like it would be appropriate to open it up for pedestrian traffic and trail traffic. And also, with what else is being discussed is possibly getting a city deeded right-of-way, a deed access in there because you don't know what is going to happen in 15 or 20 years but don't put a road in there now. There has also been some discussion and the Fire Department has some break away barriers or some gates that they can go through with keys or electronics that wouldn't be used by anyone except for an extreme emergency of a fire or something. So, I would just like to throw that out for some other residents that are going to speak to be aware that we have some options. It's maybe all or nothing or maybe some sort of compromise. Thank you sir. Joseph Strange: The next speaker is Renee Swinson. Barry Knight: Welcome ma'am. Please state your name for the record. Renee Swinson: Renee Swinson. I'm a seven year resident of Three Oaks and I live in the house adjacent to the proposed development on the end of Kindling Hollow Road. I do support Dennis' stand on opposing a road going through since I live right there but I would like to go further and say that I actually oppose the entire development. I am here to voice my opposition. As Dennis mentioned, currently there are numerous residential developments being proposed and built, and with this increase in density, I begin to question the need for this development. Over the past few years, the following have been considered for development within the Princess Anne section. Chelsea Place, Sherwood Lakes, Mayberry, Highcourt, Heritage Park, Victoria Park, Asheville Park, Nimmo's Quay and Seaboard Acres. On Sunday, June 11,2006, the Virginian Pilot published an article on the Pungo Village Public Hearings and reported that in the last three years over 800 homes have been approved for development in the Transition Area. One Tuesday, June 13, 2006, the Pilot ran another article on three proposed developments, two of which are in the Princess Anne Corridor. The article focused on the opposition of these developments particularly that the residents worry that the growth is outstripping the city's ability to repair for the roads and other services. As a 35 year resident of Virginia Beach, I concur with this opposition based on my concern with the city's inability to provide the necessary services proportional to the proposed density increases. Just last Item #16 & 17 Mathews Green Associates, L.L.c. Page 6 night, Sherwood Lakes development was approved by City Council. With all these developments and the hundred of houses they constitute, what is the need for another development? Kellam High School is already overcrowded. The new Three Oaks Elementary School is over booked for next year. With the increase in density these developments represent, these schools will have a difficult time accommodating the children. I have a daughter who will attend Three Oaks Elementary next year and I am disheartened to think that she may have to attend class in a portable in a two-year old school. A lot of citizens moved to the Transition Area to get away from the overcrowding of northern Virginia Beach. In talks with some other Three Oaks residents that have asked me when is growth and progress a detriment? The Transition Area serves as a land use buffer between the urban northern portion of the city and the rural southern portion of the city. Land use in density within this area should not be a continuation of either form but a transition from one to the other. I want to thank you for your time and consideration and I am opposed to this request. Barry Knight: Thank you ma'am. Are there any questions? Thank you. Joseph Strange: The next speaker BJ. Giancola. BJ. Giancola: My name is B.J. Giancola. Ed Weeden: Sir, identify yourself in the mic. B.J. Giancola: Good afternoon ladies and gentlemen. My name is B.J. Giancola. My wife and I have lived at Three Oaks at Kindling Hollow Road for the past 19 years. In the past six months we conducted a survey of Three Oaks homeowners and I would like to submit the original petition with 13 copies containing the signatures of 189 homeowners who oppose having a connection entry/exit from Mathews Green to Three Oaks community. This represents a majority of the homeowners. The proposed connection will only cause significant increase in traffic through our neighborhood, additional congestion to the entrance of Three Oaks and increase safety issues for children who ride bikes, motor scooters and walk our streets with no sidewalks. During several meetings of the Three Oaks Homeowners Association, Mathews Green developers stated they would agree to with the majority of the Three Oaks homeowners to move the proposed connection from the plans if they had permission from the City Planning Commission and Council. I would like to take this opportunity to thank Karen Prochilo for her outstanding feedback with the Three Oaks homeowners and Mr. Kenyon and Mr. Swinson for providing assistance in conducting the survey and Ms. Dalton for making copies of the petition. Thank you for your consideration in this matter. Before you make any decision I would just like to comment that as far as the emergency vehicles, I really don't see where it would gain any benefit by having any kind of access there. If they are going to have any problems it is going to be in either Three Oaks or it is going to be in Highgate Greens. I can't see where it is reasonable that if it is Mathews Green that they would be cutting through or going through Three Oaks in order to get to an a emergency in Item #16 & 17 Mathews Green Associates, L.L.c. Page 7 Mathews Green. We have been here for 19 years and I've never heard of any kind of block up in front entrance of Three Oaks where an emergency vehicle couldn't get through. I don't think that is a problem. In the past few days I heard all this talk about the pedestrian right of way. The people that I have talked they don't want any connection there. We already have a problem whether people that already live there know, there are a lot of children and they're not only riding bikes but they are motorized scooters. That would just add between the developments of increased traffic. Barry Knight: Thank you. Are there any questions? B.J. Giancola: Should I submit these? Barry Knight: Give them to Mr. Livas. That will be fine. Joseph Strange: That concludes the opposition of speakers. Barry Knight: Mr. Maynard. Jeff Maynard: I don't have anything else to add other than what we said in our primary presentation. I guess with regard to the opposition general to the development. While our applicant can't solve all the city's traffic or other problems, we are dedicating a substantial area for future right-of-way improvements, which is a considerable value as well as taking property that is zoned agricultural and adding it to the tax base or to a higher rate. I'll standby for any questions. Again, we understand the community and Mr. Giancola petition. He had informed us earlier that the community doesn't want any connectivity whether that be a pedestrian or vehicular. So, our applicant, again is willing to do that which that the Planning Commission recommends. I would ask for your direction on that. Barry Knight: Thank you. Mr. Maynard, about the right-turn in lane? Please address that. Jeff Maynard: Sure. There is not enough property for the benefit of everyone. The right turn in lane that Mr. Knight is referring to is on Princess Anne Road here. There is not enough land on the Mathews Green property to install a standard a right turn deceleration lane. However, our applicant is committed and our client is committed that during the site plan review process to install a right turn lane that allows for some vehicle stacking into the development. Barry Knight: Thank you Mr. Maynard. We all know that it is very, very congested in that neck of the woods. Anything that we can help do to facilitate traffic flow in that area is going to be somewhat of a help. Are there any questions for Mr. Maynard? Mr. Bernas? Item #16 & 17 Mathews Green Associates, L.L.C. Page 8 Jay Bernas: Is the applicant willing to work with staff prior to going to City Council on providing pedestrian access? As I understand it, and staff correct me if I am wrong that Three Oaks will have a pedestrian access to Sherwood Lakes that was recently approved. Correct me if I'm wrong if that is true or not? Karen Prochilo: Highgate Greens has a pedestrian access to LBH (Sherwood Lakes). Three Oaks does not have any connection currently with any developments. This is a proposed connection but it is a street tie connection. That is how it is being proposed. Jay Bernas: So is the applicant willing to work with staff, I guess on providing some sort of pedestrian access? Just like Mr. Henley had mentioned that Three Oaks would also have the benefit of this tremendous open space that this development will be providing? Jeff Maynard: The applicant is certainly willing to do it. In fact, the applicant is willing to install a road. However, as we represented to the community we would support their direction on this initiative. We understand that 189 members, a majority as Mr. Giancola has pointed out opposes the application for that reason, then we of course wouldn't want that. Barry Knight: Thank you. Mr. Ripley? Ronald Ripley: Mr. Maynard, the road that you designed to connect to Three Oaks, the street stub that is shown on the plat, that was an existing street stub that you designed too, I assume that you didn't have to acquire? Jeff Maynard: That is correct. Ronald Ripley: That was envisioned as a conductor when Three Oaks was platted? I assume? Jeff Maynard: Right. We reviewed the plat for Three Oaks at the time and there was no cul-de-sac provided at that time. We looked in fact to see if there were additional notes or anything that pointed to future connection but all that was shown on the original plat was a street stub and not a cul-de-sac. So we assumed that was provided for future connection. Ronald Ripley: Thank you. Barry Knight: Mr. Livas. Henry Livas: Did your original plan call for that connectivity or did you do it as a result of the city forcing you too? Jeff Maynard: Our original plan showed the connectivity and I don't know if it was the Item # 16 & 17 Mathews Green Associates, L.L.c. Page 9 city forcing us to do it because it was part of the requirement of the subdivision ordinance. I think Mr. Kellam and his engineering firm originally designed the application to comply with the subdivision ordinance. Barry Knight: Mr. Crabtree. Eugene Crabtree: Yes. If you do not put a vehicular connection there and it is just a bike and pedestrian, that would sort of connect your community as well as the Greenway to the Three Oaks neighborhood, and it would give the Three Oaks neighborhood a much larger area for their recreational purposes or whatever. Do you have any idea of what the City's 'Parks and Recreation plans to do with the open space or really what they plan to put in there other than just trails? Jeff Maynard: We haven't gotten an indication from the City on that. The only thing that we did discuss was at the time we agreed to dedicate that space to the city. We wanted it to remain as an urban forest. So we included a restriction that we didn't want ball fields or that type of recreation. Eugene Crabtree: No. But did you put any restriction on there as far as other leisure activities other than just biking and walking? Jeff Maynard: Right. What I included in the restriction, I think was the term "passive recreational use", which would be walking and hiking trails. Eugene Crabtree: Alright. But that is going to be Parks and Recreation? Jeff Maynard: Yes. As I understand it as I confirmed with Karen. Barry Knight: Are there any other questions of Mr. Maynard? Thank you Mr. Maynard. Jeff Maynard: Thank you. Barry Knight: I'll open it up for discussion. Mr. Henley. Al Henley: I would like to compliment the applicant as well as the staff and the ability to work and discuss the many issues that have arisen as a result of this application. I believe the application is an application that has been well thought out, well planned. It would certainly compliment the neighborhood of Three Oaks and the surrounding area. I may want to mention that very seldom we have an opportunity that a number of applicants will actually benefit the city, the neighborhood. The applicants have dedicated additional property that is directly across from the historical structure mainly called Nimmo Church. And I had a letter in possession that was signed by the church applauding that, which I thought was really gracious of the proposed development. Along with that the dedication, the deed, the proposed Princess Anne Road relocation is also very beneficial to the traffic Item #16 & 17 Mathews Green Associates, L.L.c. Page 10 situation that everyone is aware of. This will certainly benefit alleviating a lot of the traffic concerns in that particular cross intersection. The open space will also benefit the city, that particular neighborhood of Mathews Green, as well as Three Oaks, and the other surrounding neighborhoods to enjoy the open space and large canopy trees that are present in that particular area along with the trails that are proposed for that area. Understand that the street connection is a standard that the City of Virginia Beach has adopted years ago, and obviously was adopted for a purpose because at one particular time there were locked in neighborhoods and nobody could gain access. There was one way in and one way out. Unfortunately, life and loss of life and threatening of structures because of fire and staff had to get along with fire and rescue and they established this ordinance. We had a real neat year to be exercised and that is to open up neighborhoods to avoid unfortunate critical situations to avoid death, emergency situations, heart attacks, fire and rescue. As the gentlemen pointed out they never had that situation arise in Three Oaks. I think that is very fortunate and we all hope that we would never have that particular situation to occur. But it only takes one situation. One particular critical incident and people begin to think if that only other access would have been open and we would have had a clearer shot because minutes count when life is in limbo. Again, minutes count when a fire engine cannot get there appropriately in time. That is something that is real life situation. I can clearly understand the resident at the end of that particular street. I have had my solitude. I can clearly understand and appreciate where those individuals are coming from. However, when you look at the future of the city, and the future of well planned neighborhoods, I think it is the only way to go. Bottom line, City Council will be the one that will be listening to this to make a decision whether that street connection will, in fact be open to traffic or it will be closed or if it is an option possibly pedestrian and bikeway systems. I, for one, believe that bikeway and not encouraged to vehicular traffic. I am not in support of that even though it is against city staff, and I hate to go against city staff but I realize that on the books they had to recommend that for the public well being. But I can clearly sympathize with that neighborhood. If I lived there I would probably not want that myself but I would be delighted to have a cross connection or pedestrian as well as bikeways. The elevation that is proposed in this is an excellent opportunity for an upgraded upscale neighborhood that everyone can certainly be proud of. It is a close knit neighborhood with trails that they could enjoy, bikeways and the tremendous open space behind canopy trees that is present in that particular area. I can go on but I'm not going to delay any longer. I will say I will be supporting this for those reasons that I mentioned today. Thank you. Barry Knight: Thank you Mr. Henley. Are there any other comments? Eugene Crabtree: Just one quick one. I want to ditto AI's comments and say that as far as the pedestrian and bike connectivity, the Bike and Trails Committee that has been formed in the last year here in the city has worked very diligently and has made recommendations, and we've changed the Comprehensive Plan to try to connect the entire city with pedestrian and bike access so that we could go from one point in the city to the next. All over. No matter where it is, all the old neighborhoods, all the new Item #16 & 17 Mathews Green Associates, L.L.c. Page 11 neighborhoods and all. So, I too support the connectivity of the bike and trails. If for no other reason than for the continuity of us having our communities connected so that we can go and flow from one to the other throughout the city, which we hope some day to run from over the Amphibious Base Little Creek all the way down to the city line going towards Knotts Island. We hope someday to have connectivity. Barry Knight: Thank you Mr. Crabtree. Are there any other comments? Discussion? The Chair will entertain a motion. Al Henley: I'll make a motion to approve. Ronald Ripley: Second. Barry Knight: A motion to approve by Al Henley and a second by Ron Ripley. Mr. Henley, tell us again that you are approving it as stated or any changes between here and Council? Al Henley: I'm approving it as stated with the exception of not tying in the Three Oaks . street for vehicular traffic. However, I wanted it to be a dedicated right-of-way joining both neighborhoods with a pedestrian access and with also a bikeway. Those bikeways and pedestrian will be paved for concrete. Barry Knight: Thank you. Is that your second Mr. Ripley? Ronald Ripley: That is not my second. I withdraw my second. Barry Knight: Okay. There is a motion on the floor. Do I have a second? Janice Anderson: I'll second it. Barry Knight: Ms. Anderson. Is there any discussion? There is a motion on the floor with the adjustment made. We have a first by Al Henley and a second by Jan Anderson. I'll call for the question. Karen Prochilo: May we ask that the motion be with a surface approved by Parks and Recreation, if that is possible? Al Henley: Yes. I concur. Barry Knight: Ms. Anderson? Janice Anderson: That is fine. Barry Knight: Thank you. Call for the question. Item #16 & 17 Mathews Green Associates, L.L.c. Page 12 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 9 NAY 2 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE NAY NAY AYE AYE AYE Ed Weeden: By a vote of 9-2, the Board has approved the application of Mathews Green Associates as stated and as approved by Parks and Recreation. Barry Knight: Thank you Mr. Weeden. 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING THOSE PORTIONS OF MATHEWS 3 GREEN DESIGNATED AS uPORTION OF MATHEWS 4 GREEN TO BE VACATED (0.35 ACRES)" AND 5 uPORTION OF MATHEWS GREEN TO BE VACATED 6 ( 0 . 08 ACRES)" AS SHOWN ON THAT CERTAIN 7 PLAT ENTITLED uSTREET CLOSURE EXHIBIT 8 OF MATHEWS GREEN VIRGINIA BEACH 03-23- 9 06" 10 11 12 WHEREAS, Mathews Green Associates, L.L.C., a Virginia 13 limited liability company, applied to the Council of the City of 14 Virginia Beach, Virginia, to have portions of the hereinafter 15 described street discontinued, closed, and vacatedj and 16 WHEREAS, it is the judgment of the Council that the 17 portions of the said street be discontinued, closed, and 18 vacated, subj ect to certain conditions having been met on or 19 before one (1) year from City Council's adoption of this 20 Ordinance; 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the 22 City of Virginia Beach, Virginia: 23 SECTION I 24 That the hereinafter described portions of the street 25 be discontinued, closed and vacated, subject to certain 26 conditions being met on or before one (1) year from City 27 Council's adoption of this ordinance: GPIN: 2404-94-9948, 2404-95-3651, 2404-95-6764 1 28 All those certain pieces or parcels of land 29 situate, lying and being in the City of 30 Virginia Beach, Virginia, designated and 31 described as "PORTION OF MATHEWS GREEN TO BE 32 VACATED (0.35 ACRES)" and "PORTION OF 33 MATHEWS GREEN TO BE VACATED ( 0 . 08 ACRES)" 34 shown as the hatched area on that certain 35 plat entitled: "STREET CLOSURE EXHIBIT OF 36 MATHEWS GREEN VIRGINIA BEACH 03-23-06" 37 Scale: I" = 60', dated March 23, 2006, 38 prepared by Kellam Gerwitz, a copy of which 39 is attached hereto as Exhibit A. 40 41 42 SECTION II 43 The following conditions must be met on or before one 44 (1) year from City Council's adoption of this ordinance: 45 1. The City Attorney's Office will make the final 46 determination regarding ownership of the underlying fee. The 47 purchase price to be paid to the City shall be determined 48 according to the "Policy Regarding Purchase of City's Interest 49 in Streets Pursuant to Street Closures," approved by City 50 Council. Copies of said policy are available in the Planning 51 Department. 52 2. The applicant shall resubdivide the property and 53 vacate internal lot lines to incorporate the closed area into 54 the adjoining parcels. The resubdivision plat shall be 55 submitted and approved for recordation prior to final street 56 closure approval. 2 57 58 59 60 61 62 63 64 65 66 3. The applicant shall verify that no private utili ties exist wi thin the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within 67 one (1) year of the City Council vote to close the street, this 68 approval will be considered null and void. 69 SECTION III 70 71 72 73 74 75 76 77 78 1. If the preceding conditions are not fulfilled on or before August 21, 2007, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before August 21, 2007, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be 3 79 requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 SECTION IV 82 A certified copy of this Ordinance shall be filed in 83 the Clerk's Office of the Circuit Court of the City of Virginia 84 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 85 BEACH as "Grantor" and MATHEWS GREEN ASSOCIATES, L. L. C. , as 86 "Grantee. " 87 Adopted by the Council of the City of Virginia Beach, 88 Virginia, on this day of , 2006. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 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N\J I ~ ~ G) en (I) 0.. ......w (J1 en w (") -"~ )>0 :J ..., :J\J en . ::u 0. Mat> G-12 Mop NOt to Scole ~ N AG-1 (ITA) AG-2 (ITA) AG-2 (ITA) o az AG-1 (ITA) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Terry O'Donnell- Conditional Use Permit (commercial kennel), 3596 Landstown Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: August 22,2006 . Background: Application of Terry O'Donnell for a Conditional Use Permit for a commercial kennel on property located at 3596 Landstown Road (GPIN 1484643703). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant requests a Conditional Use Permit to allow a commercial kennel on the site. The applicant, in violation of the City Zoning Ordinance, began operation of the kennel several months ago, with the animals housed in an improvised kennel on the driveway to the home. The applicant was notified of the need for a use permit, and thus, this request to the City Council. The applicant proposes to breed and board dogs on the site within an 80-foot by 40-foot addition to his existing detached garage. The proposed addition will match the exterior of the existing building. The submitted drawing for the interior of the building depicts 28 pens for the animals. Hours of operation will be daily 8:00 a.m. to 5:00 p.m. There will be one employee on-site. The proposed kennel does not meet the required 100-foot setback from the property line, nor does the submitted drawing indicate that the new building is to be soundproof and air-conditioned, as the ordinance requires of a commercial kennel. The applicant has not provided information as to the method of waste disposal, nor provided parking for the use. Staff, therefore, has recommended conditions with the use permit requiring that these issues be satisfactorily addressed before the proposed kennel can begin operation. Also of note is that there have been and are several zoning violations on the site. First the applicant operates his business, O'Donnell Construction, Inc., from the site. While this is allowed as an accessory use, the storage of materials, commercial equipment, and more than one commercial vehicle is prohibited. The applicant also has several "containers" located on the site. There are also inoperative vehicles stored on the site. Generally, the site appears to be a bulk storage yard for many different items. Staff advised Mr. O'Donnell that the site Terry O'Donnell Page 2 of 2 needed to be cleaned up and organized, and he has accomplished some of the work needed to eliminate the violations. There was opposition to the request, expressed by letter and petition. . Recommendations: Planning Commission passed a motion by a recorded vote of 6-3 to deny this request. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manage . -'63 ~ REQUEST: AG-1 (ITA) TERRY O'DONNELL Agenda Item 18 April 12, 2006 Public Hearing MO~~' fo-{~ol. Staff Planner: Faith Christie Conditional Use Permit for a commercial kennel ~ AG- 1 (ITA) ADDRESS I DESCRIPTION: Property located at 3596 Landstown Road GPIN: 14846437030000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 5 acres The applicant requests a Conditional Use Permit to allow development of the site for commercial kennel. The applicant proposes to breed and board dogs on the site. The applicant proposes an 80-foot by 40-foot addition to his existing detached garage for the kennel. The proposed addition will match the exterior of the existing building. The submitted drawing for the interior of the building depicts 28 pens for the animals. Hours of operation will be weekly 8:00 am to 5:00 pm. There will be one employee on-site. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling, accessory structures, commercial vehicles and equipment, construction debris, inoperative vehicles, and dog pens occupy the site. SURROUNDING LAND USE AND ZONING: North: . City of Virginia Beach property (future athletic fields) / AG-1 Agricultural (ITA) . Landstown Road . City of Virginia Beach property (future athletic fields) / AG-1 Agricultural (ITA) . A single-family dwelling / AG-1 Agricultural (ITA) South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site lies within the Southern Watershed Management arei3,. Development must adhere to the Southern Watershed tl4all:a@~~t;th-A ,..~' ~ ,~-:, <::.. '.,. ,-" . ~w-' ,;,,',/,.': f~"- ,\.,,-, '-~/'-" L.., :;'-;~:/:);;;:'''''-: ',' ""~:2:~'" 'h" TER~Y O'DONNELL Agenda Jt ' 18 '~. 1 '",.' ~,..'V' "\" .'f' , Ordinance. Before any land disturbing activities take place a Southern Watershed Management Plan may be required. AICUZ: The site is in an AICUZ of less than 70-75 dB Ldn surrounding NAS Oceana. The United States Navy reviewed the request and finds it generally compatible subject to construction meeting the required sound attenuation standards. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): , Landstown Road in front of this request is a two-lane undivided local street. It is shown on the Master Transportation Map for future improvements as a 11 O-feet right-of-way. There is no project in the CIP for improvement to the roadway at this time. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Landstown Road 3,352 ADT 1 6,200 ADT 1 Existing Land Use 2 - 10 ADT Proposed Land Use 3 - No data available Average Dally Tnps 2 as defined by one single-family dwelling 3 There are no data available for an animal shelter WATER: This site has an existing water meter, which may be used or upgraded. There is a 12-inch City water main in Landstown Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 584 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 3-inch City vacuum sanitary sewer main in Landstown Road. The Comprehensive Plan recognizes this site to be within the Transition Area I 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 Staff recommends approval of this request with conditions recommended by staff, which are EVALUATION AND RECOMMENDATION ?~",.. '" "7:-'\":-"'0,; ~ ^ ~"'" ~., <, ,'~~-t~;x.":::\,< -'-..-'-;':,-; / ~. ,~ "', ,:~\,~,: ."."._v~"/" TERR~-()'DON~~iIi -..... ~~emdaJt '.' 18 . ." 2 designed to ensure compatibility of the proposed use with the surrounding area and to correct existing zoning violations on the site. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Comprehensive Plan recognizes that non-residential developments within the Transition Area should be scaled to accommodate local neighborhood needs and designed for compatibility with the surrounding neighborhood. The Comprehensive Plan also recognizes the need to protect natural resources and existing uses from adverse impacts of proposed development and land uses. In practical terms, this means making every effort to reduce densities, provide protective buffers and, where practical, retain the natural setting of the area to be developed. However there are several deficiencies with the request. The applicant is currently operating the kennel, with the animals housed in a makeshift kennel on the driveway to the home. The proposed kennel does not meet the required 100-foot setback from the property line, nor does the submitted drawing indicate that the building is to be soundproof and air-conditioned, as the ordinance requires of a commercial kennel. The applicant has not provided information as to the method of waste disposal, nor provided parking for the use. Additionally during the site visit, staff discovered several zoning violations. First the applicant operates his business, O'Donnell Construction, Inc., from the site. While this is allowed as an accessory use, the storage of materials, commercial equipment, and more than one commercial vehicle is prohibited. The applicant also has several "containers" located on the site. There are also inoperative vehicles stored on the site. Generally, the site appears to be a bulk storage yard for many different items. Staff advised Mr. O'Donnell that the site needed to be cleaned up and organized. CONDITIONS Conditions 1, 2, and 3 shall be accomplished within GO-days of City Council approval and before any building permits and or business license is issued. 1. All construction materials, equipment, debris, and vehicles shall be removed from the site except for one commercial vehicle not rated for more than one-ton carrying capacity, no taller than seven feet and no longer than 20-feet. 2. All wrecked, junked and inoperative vehicles shall be removed form the site. 3. All containers shall be removed from the site. 4. The applicant shall obtain a variance for the required 100-foot side yard setback from the Board of Zoning Appeals or shall move the proposed building to meet the required setback. 5. The applicant shall provide on-site parking for the use at a ratio of 1 parking space for every 400 square feet of building area. The parking area may be gravel provided the Building Code Official approves a waiver to on-site improvements. 6. The applicant shall install a commercial entrance to the site from Landstown Road. 7. The applicant shall provide building plans addressing sound attenuation as required in the Ul}jfqrm ,,,,.,:>,~'':,''>':'~:'::~ , ~;'::>>,w'_j;,,:_, " ,^'^ "" .:.~,.. ", ,;v,:'):",./~ ..,.N ""''':''''-' .,.~,'-,' ',' ".,.' >c,-"",., ,.,,' ~ . "< " ~;:;'''' '.' TERRyWO'DONNELL. Agenda It ..18 p M\:C.,,;"'._.,. Statewide Building Code, and soundproofing and air-conditioning as required in the City Zoning Ordinance for a commercial kennel. 8. The applicant shall provide information regarding the method of waste disposal for the kennel. 9. The applicant shall provide an evergreen screen along the northeastern property line, behind the proposed kennel and existing garage. 10. 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 Commercial Kennel needs additional consideration, based upon complaints or noncompliance with the conditions, 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. 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> _ '.,- _ ~, .~ ;" (~. \':'._-:;:~'~ ", .,'\~_,".J ".,:: i_'~::':'/~ /_':. ,\",' ,~ , < ", ~ {"'/ ';., /,' ' A , _ "" ~ " -","<' .....,....::,;....', PROPOSED SITE PLAN .- rlA1'lk~llrtJd'~t.ll~Nyf:JWiJ:::aii ~I:v:&~=mr. WlrHlN .nII' Tm.1' ",ND'ANtI T..... AMItO.EIICIf~,..."otf ",11Ua: . 'l'H""U''11PER,o.tMtD W17HOtn" THt.'RI"T~<.."rUIf;.OItT.NtO .DEl'fC'l' ALl. T~R8N"ECTIN."If:'.TlI~.'0It: 7" Nt..", r:.I!fOWII .... .V,f is t;t! . .. ..... .soff6A#il~' .';.t,I)S. /... . . . - . . .. t \ '. '. .' , ! . . KFlllltl SIIAt../' '/1/ PpIlDI; ~O() ~ ;:/tq/tl ,tt.I/).S/fjr', ". ;(,- NGI&,./lU~ , , .. .' .. :f ~ AIl~tt$ N"K fa). IT' ;VAM 1"0 .1~( ; .' I' 'L!:5 1 Mt .....-~ , . '",,"',~~ . --(0 ';:MP):>-, .."'" Slllc;. .-~.-":'. ....~t..~" .' . .. ....;.,.~.~.. no. rueT" t9CAl'C. .fN./lLOOo HotUltll ZQW'~ '. . JD2''=': II~. ."''''' 1"0,'~ 1:::f'::::r#',!M#'I~.' . . . D"r.D1"'M/..'~.~'.: .: . ,. . :,:.:") . . "'f. '.:. I r c' __:<;~" ,...<.' /~/_<', ,~- ~', '<""", <"".~ -, /' ,".::(',:..', '. -C",: -.;,,> '.- '---",,' '..c'_.,.,:.,.,_ ....-.._, TERRy:'()'bONNELL :Agenda Iterry 18 ..Pa9,~6 . "",-.:'>.,,'';< ':~>. .. \... ~_." .. ...-;.i....:__._--'---:-/. .. . . . Z' , " ! / 1 . ,. ~. . ~ ! . '~." /--- ._.~~~ ~ ! . ;' ~ ; o -j ~~l Y (- \.. \ .\ ..... :- ~. .~ . "~'j PROPOSED BUILDING ELEVATION . ' ',' r '. r " , '::J:' I ; " ' " L ~. "" 'l - . , .' .:._,:.....__..: ) .~. ..,,,w.... ..., " :;"l."c.l' . , 1Il .J ~'''''1 r::-\ ,~ ~ \~) H ~. ~ .~ ~. \.... ~ 'i ';'> \.~_.: J \. ,',0 Th"~." ~~~> !' -c;:: ,. ' ~~~~~ - ~.~.\4. .. ~..~...-..l ."It . ~ \,,~ '-!7~,,~ "'9 ~ .~ .:\\" ,.", '0 "'- .:'< .... -',. ~':) ~~.'. .~. ~. '" <\) . ... ,~ ~.~ ,..... ~ ~.c;) .. .~ , ~--;~,. . ";...: ";;:"'..>;;:::'--~,,:"''''';\ ..,.,:~;" ;';~". ,,,v...,v " ",_c,_,,, .'.' ..-:..-,-......,........".....,.-... ," ^',' :'<:':::_'~<~;:;;<''',,~,.-0'' TER~~O'DON~FLL ;~genda It ,.' 18 ZONING HISTORY Mab G-12 Mo NOt to Scole O'Donnell ~ N AC-1 1 (ITA) AC-2 (ITA) AC-2 (ITA) o 00 AC- 1 (ITA) OO€ 1. 5/27/97 Rezoning (0-2 Office, B-2 Business, R-10 Residential, P-1 Approved Preservation and H-1 Hotel to AG-1 Agricultural) 5/28/91 Rezoning (AG-1 & AG-2 Agricultural to Conditional 0-1 Office Approved and P-1 Preservation) 9/24/84 Rezonin AG-1 & AG-2 A ricultural to R-6 Residential Denied _i;-,."';~ ";;;:-?"',,'~>':~" .,,,,,", '-'-, , ",W,;_, ,,'Y'^. ;,," ;U;:,:,::./ _< -::<-:..,j'....- -,_.::.-' .,"":- ';':""c-'_: :,';"':.:;:.".~,,~, "":",,-,. ...._...;.... ,..';.,''1,:."";,::,,,~,:.x-::, '_~."""', "'c:";/, .,::."." ~;\{ ", .,,:". :,',"v'./"'" , ,F".; " . 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S ~$~ j~t $~i 0~a::: g ci. :l: e .. -2 ! g 'S ~ o '" .. 6g <1:"" .!!~ c _ III gg' ~j ~~ -0, ~8 diE .<:c ~: ~.! 00 I] '.>' Item #18 Terry O'Donnell Conditional Use Permit 3596 Landstown Road District 7 Princess Anne July 12,2006 REGULAR Joseph Strange: The next item is item 18, Terry O'Donnell. Application of Terry O'Donnell for a Conditional Use Permit for a commercial kennel on property located at 3596 Landstown Road, District 7, Princess Anne, with ten conditions. Barry Knight: Welcome sir. Please state your name. Terry O'Donnell: Terry O'Donnell. Barry Knight: Okay. You can go ahead and proceed. = Terry O'Donnell: Okay. The application today is for a commercial dog kennel. I had Labrador Retrievers for as long as I can remember. I really have had not more than 6 dogs at one time that are over the age of 6 months, which under the age of 6 months is not considered an actual dog. But, I do sell them in the Trading Post when they have pups and so forth, and I thought it would be a little better to go ahead. I can take care of my dogs a little better if I had an actual building. I thought, well, if I am going to build a building, then it would be nice to maybe have some stalls where I could board; so, hence the application. Because I do know there is a law that says that you can only have four dogs on one property, even though my property is 5 acres. The law is that you can only have four dogs in a townhouse or on my property, which is much larger. I don't understand the logic of that, but it is the law. That is why were here. I am thankful that I placed this even if it is not approved. You come home, and you go to and from your property. I bought a car for my daughter. Well, she didn't want it; so, it is sitting there. I got another vehicle, because it was good deal, and I was going to fIx it. Nah, I didn't get to that. Before long, after 15 years of this, I got a mess, and I have spent the last, well since this thing started, all this time pretty much cleaning up. I still have a little bit work to do but it is by far a much more pleasant place to come home to at the moment. I have taken loads of trash. I've gotten rid of vehicles. I have given vehicles away. I have done many different things to come into compliance. I was not here at the 9:00 am meeting, but somebody said, or I was told by a third party, and I might be wrong; somebody said that I stated that I wouldn't do anything unless this is approved. That is not the case. If you guys tell me to stand on my head, I will be glad to do that for whatever reason. I'm more than happy to comply with whatever you guys say. But evidence shows that I had taken, and there have been people to come back and check, and they have stated that I have been in compliance or that I am now in compliance. So, I'm more than willing, and Item #18 Terry O'Donnell Page 2 I have done everything that you guys mentioned that I need to do, with the minor exception that there is something stated in the rules that I have many containers. I don't have many. I have two actually. They are shipping containers. They are 40-foot containers. They are allowable according to AG-2, but it is one of the stipulations here that I get rid of those. I'd rather not if I could avoid that, but if I had a choice between the kennel or the two containers, well then I would get rid of them. But it would be helpful because I could store dog food and things and all those sort of things in there. The stipulation of the sound-proofing and the air conditioning. I will be more than happy to comply with that. I'm not exactly sure of the exact details of the sound-proofing, but I'm sure at the building permit office, I can get a real good handle on what is required there. 'Sewage. .. whether it be tying into the City sewer that is already existing or whether I put in a septic system just for the dogs, I'll do either one; whatever seems more reasonable. I guess that is about it. Barry Knight: Are there any questions of Mr. O'Donnell. Okay. Thank you sir. I'll open it up to discussion within Commission members. Who wants to start? Dorothy Wood: I didn't drive by it, but I understand that from some of my fellow Commissioners, it was still not cleaned up the way we would like to have it cleaned. Maybe we should defer? Ms. Katsias mentioned that to me before she left. = Eugene Crabtree: I wasn't on the last trip so I don't know. I wasn't there the first time we went out; so, I don't know what it looked like then. It hasn't been drastically improved over what was there, I would be reluctant to go forward with it. Barry Knight: Mr. Henley? Al Henley: I think it needs closure on it for the neighborhood as well as this gentleman. I think we ought to act on it today. Barry Knight: Okay. We've closed the public hearing portion of it. Is there any other discussion amongst the members? Mr. Livas? Henry Livas: I think it has been improved since the first time we saw it. It still needs a little bit more improvement, which the applicant admitted to; so, I think he is headed in the right direction. He has made a significant improvement. Barry Knight: Are there any other comments? The Chair will entertain a motion. Joseph Strange: Well, I still think it needs a deferral on it myself. I saw a lot of improvement there, and we've heard different versions of his attitude towards this whole thing. We've heard his version today. He seems to be cooperative, and it kind of looks like it could use a little bit more. So, I think a deferral is needed. That is just my opinion. Item #18 Terry O'Donnell Page 3 Barry Knight: The Chair will still entertain a motion to approve or to deny or to defer? AI Henley: I would like to make a motion to deny. Barry Knight: Mr. Al Henley made a motion to deny. Do I have a second to Mr. Henley's motion? John Waller: I'll second it. Barry Knight: Mr. Waller will second. Is there any discussion? Ms. Anderson? Janice Anderson: I was just going to say that I'm kind of half way on this between the deferral and the denial. I know it has been deferred once. There have been some improvements that I think are in the right direction. I think the condition said that the other conditions had to be done within 60 days. I wouldn't approve it that way. I would like to see it done before we approve it. But, the other thing that concerns me is the letter that we received today of the neighbors about the dogs getting loose, and not being picked up after the dogs in the neighbor's yards, and issues like that. I don't know if that couldn't have gotten addressed during the deferral. I'm just not quite sure which way. = Barry Knight: Is there any other discussion? Okay. There is a motion on the floor to deny by AI Henley and a second by John Waller. If you vote AYE, it is to deny. So we will call for the question. AYE 6 NAY 3 ABSO ANDERSON NAY BERNAS NAY CRABTREE AYE HENLEY AYE KATSIAS KNIGHT AYE LIVAS NAY RIPLEY STRANGE AYE WALLER AYE WOOD AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 6-3, the Board has denied the application of Terry O'Donnell. Barry Knight: Thank you. Mr. Secretary. Joseph Strange: Those all the items. Item #18 Terry O'Donnell Page 4 Barry Knight: Okay. If no other business, the meeting is adjourned. = Neighbors opposed to the proposal for a commercial Kennel on the O'Donnell property @ 3596 Landstown Rd. Topics of Concern : Decrease IN PROPERTY VALUES ~, ff d pTS.- f'"7 . ( ..,. ,.. h ' ., '1" . recal nmo . an- ...u K. O' Loonotlc ,contagIOus) Olsease Tor Lumans ar:.d Villu:.1Ie ami neighb':lrhood pets Noise -Barking Increased traffic 011 the street ',: * Puppy Mill concept ---30 kennels = 30 mother dogs = litters of 10-15 puppies = 400-500 dogs = History of Animal Control violations including dogs at large--chasing horses. nmning in traffic = Neighbors Opposed to the proposal for a commercial kennel on the O'Donnell property at 3596 Landstown Rd. Name And Address Concerns ()'l)U- S. Lft,,~ -e... I c~-(. C.hc..5:n hO(.)L-S .ei~ -eXU\D '\ /.....)) &:<; C IJ- A- J~'~ ii/ 2ccfp Neighbors Opposed to the proposal for a commercial kennel on the O'Donnell property at 3596 Landstown Rd. ijJ~ d--. Concerns = 0l.-~ III Loo ~ :; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Carol Case - Conditional Use Permit - home occupation (wildlife rehabilitator), 113 Matt Lane (DISTRICT 6 - BEACH) MEETING DATE: August 22,2006 . Background: Application of Carol Case for a Conditional Use Permit for a home occupation (wildlife rehabilitator) on property located at 113 Matt Lane (GPIN 2407743456). DISTRICT 6 - BEACH . Considerations: The applicant requests a Conditional Use Permit to allow a home occupation for wildlife rehabilitation on the site. The applicant has been a rehabilitator for five years, and is licensed through the State of Virginia, Department of Game and Inland Fisheries. The applicant is also associated with the Virginia Beach SPCA Wildlife program. The applicant specializes in the rehabilitation of ducks, geese, squirrels, opossums, and occasionally, rabbits. The applicant provides this service on a strictly volunteer basis. She has no employees. She does not expect to increase the number of pens and cages beyond the number that currently exists. There are no set days or hours of operation. The SPCA brings animals to the applicant daily, and the general public brings animals atvarious times of the day. The peak season is April through August. Most animals are contained outdoors in the rear yard. Some baby animals and birds are housed indoors. The number of animals varies from month to month. The pens and aviary all have hay bedding, which is cleaned out once a week, with spot cleaning of excess droppings at least every other day. The ponds for the waterfowl are drained and cleaned weekly, and chlorinated to reduce the potential for odors and mosquito breeding. Staff recommended approval of the request, concluding the proposal, with the recommended conditions, is compatible with the adjacent residential neighborhood and the business areas. The applicant provides a valued service to the community. The conditions recommended by staff are intended to ensure minimal impact of the use on the surrounding residential area. Carol Case Page 2 of 2 There was opposition to this request, expressed to the Planning Commission through a letter. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 to deny this request, due to concerns regarding the potential negative impact of the activity on adjoining properties. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Departmen City Manage~ \L--. C:e~ REQUEST: CAROL CASE Agenda Item 7 July 12, 2006 Public Hearing Staff Planner: Faith Christie Conditional Use Permit for a home occupation (wildlife rehabilitator) ADDRESS I DESCRIPTION: Property located 113 Matt Lane GPIN: 24077434560000 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 8,064 square feet The applicant requests a Conditional Use Permit to allow a home occupation for wildlife rehabilitation on the site. The applicant has been a rehabilitator for five years, and is licensed through the State of Virginia, Department of Game and Inland Fisheries. The applicant is also associated with the Virginia Beach SPCA Wildlife program. The applicant specializes in the rehabilitation of ducks, geese, squirrels, opossums, and occasionally rabbits. SUMMARY OF REQUEST There are no set days or hours of operation. The SPCA brings animals to the applicant daily, and the general public brings animals at various times of the day. The peak season is April through August. Most animals are contained outdoors in the rear yard. Some baby animals and birds are housed indoors. The number of animals varies from month to month. The pens and aviary all have hay bedding, which is cleaned out once a week with spot cleaning of excess droppings at least every other day. The ponds are drained and cleaned weekly, and chlorinated to reduce the potential for odors and mosquito breeding. The applicant provides this service on a strictly volunteer basis. She has no employees. She does not expect to increase the number of pens and cages beyond the number that currently exists. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling ''''> "'x ';--:" '-':',::~:'" ,.--, /N' " ~,.,:" -,. ,."'^' ~v". . "" "eAROL CASE ... Agenda It~tn 7 .. .". PagE?J ^' -::'N: ""'_, SURROUNDING LAND USE AND ZONING: North: South: East: . Duplex dwellings I R5-D Residential · Single-family dwelling I R-5D Residential . Matt Lane · Across Matt Lane is a bulk storage facility I B-2 Business . Duplex dwellings I R-5D Residential West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is landscaped with mature trees and shrubs. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Greater than 75dB Ldn and an Accident Potential Zone (APZ) 1 surrounding NAS Oceana. The requested use is compatible with airfield operations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTP) I CAPITAL IMPROVEMENT PROGRAM ICIP): Matt Lane is a residential street. There are no plans for improvements to the street. WATER and SEWER: This site is connected to City water and sewer. COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being within the Primary Residential Area. The land use planning principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of stable neighborhoods located in the area. Staff recommends approval of this request with conditions recommended by staff. The recommended conditions are provided below. EVALUATION AND RECOMMENDATION The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal, with the conditions below, is compatible with the adjacent residential neighborhood and the business areas. The applicant is licensed by the State of Virginia as an animal rehabilitator. She provides a valued service to the community. The conditions recommended by staff below ensure minimal impact of the use on the surrounding residential area. ""'''>''v':~Y';J<';:.~::::\,,,y,::\. -- :l ~'""" \, . ,;",/4.',/;:':; _"po -,"\ \ "'.....:;,.-,..: . ,~",,' -i".h ">"':<:;'<~,::':Z:;_.,.:, ". .' ,," ~....~,'.< ',,-' . ,CAROL CASE - Agenda Item 7 .ea.g~2 <~'y, CONDITIONS 1. Position all cages and structures to meet zoning setback requirements. 2. Provide a five-foot (5'-0") wide organic mulch planting bed four to six inches (4" - 6") in depth along the perimeter of the activity and enhance the planting beds with landscape plantings. 3. The conditions listed above shall be accomplished within 30 days of City Council approval. 4. The pens and aviary shall be cleaned daily to minimize odors caused by waste. 5. 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 Commercial Kennel needs additional consideration, based upon complaints or noncompliance with the conditions, 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. 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. "-'x-'--'-" ,-,.,,-, -,< ' <> L..(~ .z::"" ,,,,,"', ,/ ';0..,." <>.'x_. 'p AERIAL OF SITE LOCATION ',- --- ;", . ,:,..,>L>d ,..__U,'_, ^,' ; ')3 L'~.,;:~:,::~~<:~.", ';....-.~~'::<,.c"..:__" -_/- ""(,:>':::, .,n.'..~::>_""'-::,,'" "'-.......6& &.&41101 &. Vi.... ....... lOon ~I '~l71 ,:SUJ:'I.VlSTliU "flUS Jo'tcUJo'.taf~HU1fN ON TH[S PLAT, AND ;t'IIE:TITLE IJNES AND THE 1I'AIJ.S OF '. ,BUILDINGS,ARE SH01'/N ON THIS PLA1 THE Bllll INGS STA.~D 1I'ITHl THE TITLE IJNES AND THERE ARE NO EhCROACHMENTS OF OTH~R BUILDINGS ON THE. IlUPE -.. CEPT AS 511 SIGNED: ~.... Q . y ~ j '"", FiNeCO. IS' /NSIOE t 72' STOCKAOE F<NCf .() ~ "B' flJ~ '? ~.~ ct~ 4Jlf! ~~ J....~ ~~ O~ II,) -125.17' J.86' :: "''' !H LOT 92 91 ~ ~ It) >>'10' 6.1 ~ I I ~ ~ s: "'3 11/2 STY fRo n;/V1Nn ~ 6A:C. '" '" "- ~ i ~ o ...,~ 50.0' S 02'21' E MA TT LANE FLOPO I'lFORMAl1Ot+ THE PROPER1Y SHOWN HEREON APPEARS TO FAlL WITHIN FLOOD ZONE "X' (OUTSIDE) (AR DETE~MINED TO BE OUTSIDE 500-YEAR FLOOO PlAIN) As SHOWN ON F.E.IIA'S FLOOD INSURANCE RATE MAP (F.tR.M.) FOR THE CJ1Y OF VIRGINIA BEACH, VIRGINIA, COMlAUNITY PANEL NO. 515531 0032E DATED DECEMBER 5,1996. NOTES. WIlFRED P. lARGE INC. IS NOT A PAR1Y IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPER1Y SHOWN HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING, FOR FURTHER INFORMATION, CONTACT THE LOCAL CDlAllUNITY FLOOD OFFICIAL. THIS SURVEY WAS PERFORMED WITHOUT THE BENEfIT OF A .TlTLE REPORT !\NO MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. ~~ StlRVlmNG-ElfGINIIIlING , PLANNING . 244 MUSTANG TRAIL - SUITE 6 VJRGINIA. BEACH. VJRCJNIA fJJ:: \~~~\ ~~;:~~~ PHYSICAL SURVEY OF LOT-92 PLAT "11" OF AIlDmONAL LOTS WEST OCEANA GARDENS PLAT RECORDED IN 'M'.B. 34, PGA9, IN THE CLERK'S OFFICE' OF THE CIRCUIT COURT, VmGINL\. BEACH, VA LYNNHAVEN BOROUGH - p~GINIA BEACH, VIRGINIA CAROL ANN KING SCALE: 1"= 20' BOROUGH: LYNNHAVEN F.B. 563 PG. 16 SITE SURVEY PHOTOGRPAH OF REAR YARD , '"' ~': ':~ ).~."~:::\~-,- ,-:<:,,-,,,<\ ~-,-- -,'''' "j >_'/"': . ';v-----:~.~,/.:~c~~ ,._-~...:<\ :-',/ ';"" ;. .', ".~ "/-. :'.- .... " ^ . ~<{j ~1 ~ ',':::;''':; 1 . 6/8/93 Conditional Use Permit (Bulk Storage and Automotive Re air Conditional Use Permit Automotive Re air Alterations to a Nonconformin Use Approved 2. 8/13/91 3. 1/23/89 A roved A roved ZONING HISTORY ~';",('/':';"~;,'~~""'\.:.~::; \ "';'" , ,".;.......,.x, ,'".'. " .;_ ;,', ,",:N; , .... 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"0 O~ IS- '" DISCLOSURE STATEMENT ~", ~ ' .~/,,_.,~. ,<:;:;~-< BAROl CASE Agenda Item? p~~~ 8 Item #7 Carol Case Conditional Use Permit 113 Matt Lane District 6 Beach July 12, 2006 REGULAR Joseph Strange: The next item is item 7, Carol Case. Application of Carol Case for a Conditional Use Permit for a home occupation (wildlife rehabilitator) on property located at 113 Matt Lane, District 6, Beach, with five conditions. Barry Knight: We1come ma' am. Carol Case: Hi. How are you? Barry Knight: Please state your name for the record. = Carol Case: My name is Carol Case. Thank you. I'm in front of you to apply for a Conditional Use Permit as a wildlife rehabilitator. As it states in the summary, I have actually been rehabilitating for five years. I've rehabbed ducks, geese, squirrels, and possums. I'm about the only one, I think in Hampton Roads area, not just Virginia Beach, but the area that is actually rehabbing ducks and geese right now. I do have one other person, and she has health issues right now that normally some of my geese go to, which is the main topic of the smell in my yard. I will concur with the need for the smell reduction. I do not like the smell myself. I have read the conditions and I do agree with them. I don't have a problem with that. It will take a little bit financially to get it done, but I will get that done. My only main question would be the back pen that I have in my yard, and I would need some clarification from, I guess zoning, which I will need to talk with them, as far as what the actual code would be as far as that pen, how far I have to have it from my fence now? Right now, it is right up against the fence. Barry Knight: Ms. Christie, could you address that? Faith Christie: Ten feet. Barry Knight: Ten feet. Carol Case: Ten feet. Okay. I have read some of the zoning and it was five feet for a certain size. Faith Christie: Less than 150 square feet. Item #7 Carol Case Page 2 Barry Knight: She said ten feet. Carol Case: Okay. We will get that done. I'm not going to be here long. I'm just here. Barry Knight: Are there any questions? Ms. Wood, did you have a question? Dorothy Wood: I have a comment. I certainly appreciate what you do, and I know that it is important to work with our wildlife, and take care of the possums, and the duck and the geese. My only concern is I would not particularly like to have this next to my house on a small lot. Could you not do this in an area like the ASPCA where there is a lot of land and it is not a residential area? I think most people like the quiet, maybe the fragrance of a rose bush, rather than an animal. I wonder if it was a possibility that you could do this in another area? = Carol Case: Okay. As far as the ASPCA, my main thing right now is all wildlife rehabilitation for the most part in this area is volunteers and people who do it in their homes. There is not a rehabilitation center in the area that this can be done at. I am actually, to tell the truth, investigating trying to do this. There is a lot involved in order to get a rehab center. Number one, you have to have a place, like you said, and also volunteers and financial backing in order to do this. You also have to get the IRS and your 501C3. That is a very long process. I am trying. I am in the incubation stage for trying to do this myself. I am discussing it with my peers, and looking through avenues in order to do this. Unfortunately, that is something that is probably years before it will happen. Every animal that comes into my care is temporary. As a matter of fact, before I came here, I had a gentleman come and take 50 ducks that are releaseable. Another issue, especially with the City of Virginia Beach right now and Mount Trashmore, are the Muscovy Ducks that nobody seems to like. Every Muscovy duck that comes into my care goes to a farm. I have people in Suffolk, Smithfield, Ivor and a couple of farms in North Carolina where all Muscovy ducks that come into my care go to. Dorothy Wood: What is the top number of animals that you have had at anyone time? Carol Case: At one time, between the animals that I have indoors, which are anywhere... Dorothy Wood: Those are your pets? Carol Case: No. When the first come into my care normally, they are anywhere from one day to two or three weeks old. I am talking about ducks that can fit in the palm of your hand. I have separate caging areas that I have to clean twice a day. Believe me, I know the smell issue. I do my best to keel? and keep that smell issue down. At one time, I've probably had 150, and that is when I said that no more, unfortunately, especially when you're talking Muscovy's or any kind of domestic. Item #7 Carol Case Page 3 Barry Knight: Ms. Katsias. Kathy Katsias: The length of time that they stay in this facility? Carol Case: From hatch to release, a duck is eight weeks old. Kathy Katsias: And do you get compensated? Carol Case: No ma'am. None whatsoever. All ofthis comes out of my pocket. Barry Knight: Are there any other questions? Mr. Crabtree. Eugene Crabtree: Just a statement. I am not in favor of home rehabilitation. I believe in rehabilitation. I think animals need to be taken care of, but I am in favor of what you said rehabilitation center, an individual home to do it in mass. If you've got more than 10 animals in your yard, you've got too many. That is my opinion. And consequently, I am not for this. I'm for what you are doing, but I am not for it in a neighborhood. I will be honest with you. I can't support it in a neighborhood. If you had it any place other than the neighborhood, I would back you 100 percent. But I can't do it in the neighborhood. = Barry Knight: Are there any other questions for the applicant. Thank you ma' am. Carol Case: Just one quick response. The closest rehabilitation center is the Wildlife Center of Virginia, which is in Waynesboro. Barry Knight: Thank you ma' am. I will open it up for discussion for any of the Commission members. Dorothy Wood: Well I agree with Gene in that there are too many animals. I do feel for the neighbors. I wish that Ms. Case could work with the ASPCA to keep the animals there or in some other area. I understand this is not available now. I'm on the side of the neighbors who are suffering because of the animals. Because of that I won't be able to support it ether. Barry Knight: Mr. Strange? Joseph Strange: I'm pretty much in agreement with them, because I think all of us have compassion for sick animals. I think society as a whole demonstrates by donating millions and millions of dollars to help take care of animals every year. But I think it is unfair to ask this lady's neighbors to bear the smell of this. It is not our place to do this, but I just wonder why some of these other people who are donating millions and millions of dollars to every year can't seem to get together and find a place to take care of these animals. It is just a statement I would like to make. Item #7 Carol Case Page 4 Barry Knight: Thank you. Mr. Livas? Henry Livas: Yes. I would be on the side of the neighbors to, and I certainly hope we can find other ways to take care of these animals. For the meantime, I would have to support the neighbor's position. Barry Knight: Okay. Ms. Anderson? Janice Anderson: I would support the application with the new condition 5 for an annual review. I believe this is needed in the area. I'm very glad that we have her at the Beach, and she will do it, and take care of these animals. We have animals allover. Virginia Beach is developing, and unfortunately, the wildlife gets caught. So, she is there to rehabilitate. I believe that condition 5 as rewritten protects the neighbors. It is a year review. This is not just a year review upon the conditions. If they have continued issues, they can put additional conditions, and if the neighbors still have problems, they could terminate the use permit. I would be supporting, with how it is written now. Barry Knight: Is there any other discussion? Mr. Bernas? = Jay Bernas: I got a question for staff. How many complaints were received? Is there a log of how many complaints were received based on the current operation? Faith Christie: I don't have that information. Barry Knight: Is there any other discussion? The Chair will entertain a motion. Joseph Strange: I would like to make a motion that the application be denied. Eugene Crabtree: I'll second it. Barry Knight: There is a motion on the floor to deny agenda item 7, Carol Case. There was a first was made by Joseph Strange and a second made by Gene Crabtree. Is there any additional discussion? I'll call for the question. AYEl NAY 9 ABSO ABSENT 1 ANDERSON NAY BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS AYE KNIGHT AYE LIV AS AYE RIPLEY ABSENT Item #7 Carol Case Page 5 STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 9-1, the application of Carol Case has been denied. Barry Knight: Thank you. = FROM : FAYE RA I NES FAX NO. 757-463-1967 Jun. 30 2006 08:02AM P2 June 30, 2006 To Whom It May Concern: RE: Carol Case - 113 Matt Lane, Virginia Beach, VA (GPIN 2407743456) District 6 - Beach I am the property owner of 2 duplexes located at 108 and 104 Bob Lane, Virginia Beach, VA. The back of 113 Matt Lane joins both of my properties. I have received several complaints from the tenants concerning odors from the animals and = frequent noise during the evening and daylight hours. When the tenants are in the back yard having a cookout or the children are playing, the animals continue to make annoying noises. The noise and odor are so bad that the tenants cannot stay outside. Your attention to this matter would be greatly appreciated. Yours truly, ~~.R. E. M. Raines Gerald Freeman o G-2 AG-2 726 C:::J CJ 753 AP= 0 I I 753 Conditional Zoning Change from AG-2 to B-2 CUP - Automobile Repair Garage CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Gerald Freeman - Change of Zoning District Classification and Conditional Use Permit (automobile repair garage), 5677 and 5881 Morris Neck Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: August 22, 2006 . Background: a) Application of Gerald Freeman for a Chanqe of Zoninq District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located at 5677 and 5681 (portion of) Morris Neck Road (GPINs 2309916281 and 2308992274 [portion of)). DISTRICT 7 - PRINCESS ANNE b) Application of Gerald Freeman for a Conditional Use Permit for an automobile repair garage on property located at 5677 and 5681 (portion of) Morris Neck Road (GPINs 2309916281 and 2308992274 [portion of]). DISTRICT 7- PRINCESS ANNE . Considerations: The applicant proposes to rezone an existing parcel, zoned AG-2 Agriculture, to B-2 Community Business District. The applicant also requests a Conditional Use Permit for an automobile repair garage. The existing building will be used for the general maintenance, service, and repair of engines and other mechanical systems of automobiles. The hours of operation requested are 8:00 AM to 7:00 PM on Monday through Saturday. As proposed, this use is in keeping with Comprehensive Plan's recommendations for limited locally-oriented development and, as proffered and conditioned, is compatible with surrounding uses. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the requests as proffered and with the following conditions: 1. The property shall be developed and used in substantial conformance with the conceptual site plan entitled "Re-subdivision Plat of the Beulah Freeman Estate" dated October 1 0, 2005, prepared by Mel Smith & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Gerald Freeman Page 2 of 2 Virginia Beach Department of Planning. Site improvements and landscaping shown on said plan shall be installed within six (6) months of the approval of the use permit by the City Council. 2. The exterior of the building shall be cleaned and painted within sixty (60) days of the approval of the use permit by the City Council. 3. As long as an automobile repair garage is operated on the property, its hours of operation shall be limited to 8:00 a.m. until 6:00 p.m. Monday through Saturday. 4. No use of the property for dwelling purposes shall be allowed anywhere on the property, including within the building. 5. All auto repairs shall take place inside the building. 6. No body work or painting of automobiles, other than minor touch up painting, shall take place on the property. 7. All storage of materials and equipment shall be within the buildings. 8. No outside storage or display of tires, other than in a "casing enclosure" for tire reclamation, shall be permitted. 9. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 1 O.lndustrial waste shall be disposed of properly and the dumpster shall be emptied on a regularly scheduled basis. 11 . Only six vehicles, in need of repair, shall be parked outside of the building. 12. An administrative review shall take place one year from the date of approval by City Council. . 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 ?s8~ GERALD FREEMAN Agenda Items 14 & 15 July 12, 2006 Public Hearing o Map K-Zl Moo Not to SC.:lleo G-2 AG-2 o Staff Planner: Karen Prochilo '" REQUESTS: 14) Chanae of Zonina District Classification from Ag-2 Agricultural District to Conditional B-2 Community Business District. A - 15) Conditional Use Permit for an automobile repair garage. ADDRESS I DESCRIPTION: 5677 and 5681 (portion of) Morris Neck Road GPIN: 2309916281 and 2308992274 [portion of] COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: Site size: 27,629 square feet SUMMARY OF REQUEST The applicant proposes to vacate internal property lines and rezone an existing agriculturally zoned parcel to B-2 Community Business District. The applicant also requests a Conditional Use Permit for an automobile repair garage. This application is the result of a zoning violation involving auto repairs being conducted on property zoned for an agriculture use. The existing building will be used for the general maintenance, service, and repair of engines and other mechanical systems of automobiles. The hours of operation requested are 8:00 AM to 7:00 PM on Monday through Saturday. The garage will be open to the public and employ four individuals for repair and service. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Non-residentially developed site with an existing building and parking. SURROUNDING LAND USE AND ZONING: North: South: East: West: . Rural farm fields and woods / AG-2 Agricultural District . Close to the intersection of Princess Anne Road and Morris Neck Road, the rural area known as Creeds. . Across Morris Neck Road, old retail building and single-family residential use / B-2 Community Business District & AG-2 Agricultural District . Rural farm field / AG-2 Agricultural District . Rural single-family home and fields / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is developed. The site is within the area encumbered by the Southern Watersheds Management Ordinance. Additionally the City maps indicate much of the site is within the floodplain subject to special restrictions. The applicant was made aware of this issue. There are no known cultural features associated with this site. The site was once used as a public fire station. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Ocean a and Fentress. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in front of this site is a minor suburban arterial roadway. There are currently no Capital Improvement Projects scheduled for this section of Princess Anne Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 3,531 ADT 13,600 ADT 1 (Level of Existing Land Use ~- Road Service "C") unknown 15,000 ADT 1 (Level of Proposed Land Use 3 - 30 Service "0") ADT Average Dally Tnps 2 not available, as the current use of the property is not pennitted 3 as defined 9,000 SF auto repair garage WATER & SEWER: The site is served by well and septic systems. Health Department approval is required. ENVIRONMENTAL HEALTH: Approval for an onsite sewage disposal system and water supply is needed from the Virginia Beach Department of Public Health. .,):<---.." /". -, o;,:"..,):~'(,~;,:\,\~;,~ ;': ,~ v.:J ~,,):::-,( ,,,.::,',,, ~..,_.; ~"",,,-:,. >;~-' :'(:;>"j " ........;:" GER~t[)FF1U~E AgendEl';lt~ms 14., FIRE: No additional comments at this time. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this site as being within the "Rural Area." The Rural Area is defined as agricultural/rural with uses related to farming, forestry, and rural residential, and other rurally compatible uses. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important," (p.161, Policy Document). Commercial development in the Rural Area should consist of locally oriented retail, service, and community uses scaled to be compatible with the character of the rural landscape. As stated in the Comprehensive Plan, Chapter 6, "Commercial retail development should be located in existing defined rural commercial centers, such as Creeds and Blackwater, for supporting the rural community in lieu of strip shopping center development." EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the proffers submitted by the applicant and with the conditions recommended by staff. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. As proposed, this use is in keeping with Comprehensive Plan's recommendations for limited locally oriented development and, as proffered and conditioned, is compatible with surrounding uses. Staff, therefore, recommends approval of the requests subject to the proffer agreement and the conditions listed below. 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," (9107(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: The property will be developed, in substantial conformance with the conceptual site plan entitled "Re- subdivision Plat of the Beulah Freeman Estate" dated October 1 0, 2005, including but not limited to vacating the property lines as depicted in the attached Exhibit B, which shall provide for a lot meeting the dimensional 7'\>'<'" ' ,;,';':;;~. ,';~-' ...;^""':, GERAl:DFREE Agend~nems1 ,:,i'R... ';"';""'-., .:'.::,; "-"<', requirements for the B-2 zoning district. PROFFER 2: No living arrangements shall be allowed in, on or about the premises. PROFFER 3: As long as an automobile repair garage is operated on the property its hours of operation shall be limited to 8:00 a.m. until 6:00 p.m. Monday through Saturday. PROFFER 4: No body work or painting of automobiles, other than minor touch up painting shall take place on the property. PROFFER 5: All auto repair must take place inside the building. PROFFER 6: If lighting fixtures are installed for illumination purposes, any such fixtures shall be of an appropriate height and design, and angled appropriately as to prevent any direct reflection toward adjacent uses and city streets. Any such lighting shall be directed and deflected down at the ground, and not out horizontally or up in the air. 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 the compatibility of the use with the surrounding area and its consistency with the policies of the Comprehensive Plan for the Rural Area. . The City Attorney's Office has reviewed the proffer agreement dated May 31, 2006, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1 . The property shall be developed and used in substantial conformance with the conceptual site plan entitled "Re-subdivision Plat of the Beulah Freeman Estate" dated October 10, 2005, prepared by Mel Smith & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Site improvements and landscaping shown on said plan shall be installed within six (6) months of the approval of the use permit by the City Council. 2. The exterior of the building shall be cleaned and painted within sixty (60) days of the approval of the use permit by the City Council. 3. As long as an automobile repair garage is operated on the property, its hours of operation shall be limited to 8:00 a.m. until 6:00 p.m. Monday through Saturday. c,J __, GERAI:D FRE Agend~:ltemst 4. No use of the property for dwelling purposes shall be allowed anywhere on the property, including within the building. 5. All auto repairs shall take place inside the building. 6. No body work or painting of automobiles, other than minor touch up painting, shall take place on the property. 7. All storage of materials and equipment shall be within the buildings. 8. No outside storage or display of tires, other than in a "casing enclosure" for tire reclamation, shall be permitted. 9. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 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. '~"'" _A_ ,,"-"";'. <:~"~~::\.,...~:, ,,,,",;"',/,:' {N.,~ . . -. . ~- .--~-,,-- ~ ~:' .~";,,.,~ ~::'< .......; ./"- " k"._ . '--... ~;; GER,AI:[)FREEftAN Agend~1tems1 15 p '~" ''::~',~ " 3,.... ""v".'~"', ,.,,/J;'c AERIAL OF SITE LOCAjION"",<:j;'; .. ~: ,'^-'~ .'.... GERAt~'FHEE~AN Agendfl,:1temsJ4/: ",15 .6 t PAR eEL 1 fl,,::! Zone AE{l!7 $) Fl.----.....' - OOd Zone X "- GPIN 2308-99-1577 " St8'52'13"W 91.35' PARCEL 2A Area = 27629 sq ft or 0.6343 oc r / 6Pprox~oc --1 Droinfield ... . PARtONC f3'Cl~ ~~'\ N09'S1'13"E 98000' 27SO SQFTftlOO-. SPCS 9'.Jltp~ SPACES . t2'lc35" I.OAlllNG SPACE 1 PRtlI>O!IB) PARlaNC g.j()WJoI, 9'lCl8' PARKING SPACES tl 12'x3S' I..OADlNC SPACE 1 ).; "- j- ':4> _ -----r - _ _ _Nl101O'1z"ll- ~ <2li8:"9OJ - - - _ 2.00' --- '- 'l~'\ N .138!J212158 C-122O!1219.274 2' R/W fIERE8Y OEDICA.lED 'TO 1Ht QTY OF 'o1RGlNlA BEACH. VlRGINlA (518 SQ;fT. OR 0Jl069 AC.) l.AHOSCAPING. NOm AU. PAAl<lNG l.OT. BUllIlIlG. LOT F1DITAGE: ~SCRmllNG ~lOBE IN ACCORONWE II1H 1HE VA.BCH. SItE IUN ClAIlIllANCE. ItORJus NEex "'..~.___ _ R/) (48' Rhl ~-- ~ 2lfl7) " I) l~n S09"59'11"W 188.23" ~OO' N 3JB92Q2.426 CI220!JJ88.958 GPlN p.J()~...91...G281 PARCEL 3 N/F 8EUl..AH Eo F'REEUAN Es- W.8, 101. P'G. 1103 (M.B.4. PG. 257) Rf:SlOtIIIL ARt"A .. !27.-IJ X(TA. GPtN P.J()9- NOT A 8U/LD/NG $I 'lllEI.l'tClERSlGNEOCER"II ON 'lHlSl'tATCClNl"<lIlUS 11) lHESUBDMSlON OF LAND ~ 9Y - S\JOK-N'PROVAL, 1H CORREC1NES$ OF -.JIlE-1lOUIll APPR'O\'ED: Pl..ANNIHG CIllEC AI'PROVl:D : DIREC'ltlR ClFPl APPROVE!) : WlGINIA .~ BEL PROPOSED SITE LA YOtJ;f(~~:\B;>;':\< ?:'"-~';; ;_. -~,\"" ,<: '-,,-,.-. - ~"-'./":,t\ ,.:;;",," /, ,-""'~- <;~~\x~ GER~[) FREE~AN Agend~:1t~ms14' -- 15 EXTERIOR BUILDING PHOTOGMRff~3:{:;':~\"\" ;> "~"''>.' ' , t-.,.-- ""< ^".,,:. -" ">-"-":"";-;'~-::'::'_';:;,.'",...',. Map K-21 Me Not to Scele Ii fG-2 Gerald Freeman G-2 00 (;:;\ AG-2 72& C;:] CJ 753 AP~3 0 4 I 7Sl 729 A - Conditional Zoning Change from AG-2 to B-2 CUP - Automobile Repair Garage 1 12/20/05 Conditional Rezoning from AG-2 to B-2 Granted 2 12/10/02 Conditional Rezoning from AG-2 & B-2 to B-2 Granted Conditional Use Permit (Mini-warehouse & self storage facility) Modification of Conditions (car wash & expanded fuel sales) 3 11/13/01 Conditional Rezoning from AG-2 to B-2 Granted Conditional Use Permit (car wash & expanded fuel sales) 4 03/14/00 Subdivision Variance Granted 5 12/07/99 Conditional Use Permit (Gas sales) Granted 6 06/14/94 Conditional Use Permit (Altemative residential) Granted ~B' '-f'W>""-- ZONING HISTQav5;\:":'~:x/,<.~; '::-" :" ,> ."" Y""'A~;/C>i ;; ':: ,_'.: .>2~;-'''' /'.; C)~/~ . C:"';'/ :! w < I- (1) w IX ::> (1) .9 u (1) is .' . ,g ih t.I 8 &ia~ !3 ~ u_ =J!llll '~~j' B~-g .~ 0 '" eo> ~II>~ .. 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"'tII ZCti 0= i~ .~~ ~:2 ,g.~ 1i.~ !!,~ ....I.~ U N c:.9 - ~ga ! .!!iij'E I e.8:i@ g..i.. "'! ~ 2' ~,g=~ ...~~.c II 2_"ii.!.l .. i8:&.~ ~ .6 1D"2 0. z ~~"']l :s .::<6 ~;:, ir. ""=ell l:ei~ 8~a~ I ,g 1:; .9 -.e.g i ~,g~o. J o88.~ :s~!~ ~ ~C:E~ 1 j 'OlIl_O ~s.~j I {' 'fl "" ~~ai 'lii ~l e 8g!i'" \ .3 ! -.!.l ~~... !liP z~~~.5 .a 0') 0- Q.Q.... IS -; I1hU f c (.)"2;:51$ ': ~ ii:!~i:.$ E i ~lI>l~~ .~ "2 - ~Ci ~;)",6= ~ no ~ 0: :c l!! Q C "C .. 0. C .2 e 8- 8 (ll ~g z::: ~;s '-"c l~ ~]l &e [~ 08 =.!: ~s e~ .,,,, ""= .~ ~ CI'lO 5= <l> C ~~ .. ~ ;.; ~ li t x ~ ! oi:I i ! ~ I ~ " DISCLOSURE STATEMEN:( 'i/;"/~'; ~ <>..::: ,::.." ~ _,,' > ,C~', ,';. <~"V," <'.....;~ ~:>~,:' GERAt:[)FREE~AN Agenda:ltems 14"~t5 ::1::>gg~1.o Item #14 & 15 Gerald Freeman Change of Zoning District Classification Conditional Use Permit 5677 and 5681 (portion of) Morris Neck Road District 6 Beach July 12, 2006 REGULAR Barry Knight: Mr. Secretary. Joseph Strange: The next item we are going to hear is item 14 and 15, Gerald Freeman. An application of Gerald Freeman for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community District on property located at 5677 and 5681 (portion of) Morris Neck Road, and an application of Gerald Freeman for a Conditional Use Permit for an automobile repair garage on property located at 5677 and 5681 (portion of) Morris Neck Road, District 7, Princess Anne, with seven proffers and nine conditions. = Barry Knight: We1come ma' am. Shepelle Watkins-White: Good afternoon Mr. Chairman. My name is Shepelle Watkins- White, and I'm the attorney representing Mr. & Mrs. Freeman on this request for rezoning and Conditional Use Permit. I thank you for the opportunity to appear before you this afternoon. Just to give you a little bit of background information, the Freemans settled in this area back in 1948. With some years, it became evident that the Creeds area had a need for a fire department, and so Mr. and Mrs. Freeman, who are children and daughter- in-law to the Freemans decided to deed the property over to the Creeds Fire Department, for their volunteer fire department. They donated the land for that purpose and had a clause in the deed, which indicated that once the property was once no longer needed for that purpose, it would revert back to the family. That happened about 7 or 8 years ago. Since that time the old Creeds Fire Department building has remained on the site. An opportunity was presented to Mr. Freeman's brother-in-law to utilize the property for auto repair work. Unfortunately, Mr. Freeman, at that time, did not realize that he needed to have the property rezoned. They incorrectly preceded under the assumption that it has been used by the fire department and that they could continue to use it in that matter. Once it was brought to their attention in the early part of last year that was not the case, and it had been cited with zoning violation, they then contacted Ms. Prochilo in the Planning Department, and then came to see me and asked if I would represent them in seeking the rezoning. We've done that. I filed a zoning application, and as a result of my discussions with Ms. Prochilo, who was very helpful and shared quite a bit of insight on the application, which brings us to the application we have before you today. We have provided several proffers and,conditions on how the property is to be utilized. There is Item #14 & 15 Gerald Freeman Page 2 some opposition in regards to, not necessarily proposed use, but maybe some of the activities that have gone on with regards to the property. And some of the proffers and conditions have been included as a result of those concerns being brought forward to the Zoning Department as well as the Planning staff. There are just a few proffers that I wanted to mention to you. We did agree to limit the hours of operation, which we originally said 8:00 to 7:00 pm, Monday through Saturday. We did agree to reduce that to 8:00 to 6:00 pm. We also had some reports that people may have been living in the building. There is a proffer now that prohibits anybody using the building for residential purposes. And in addition, we limited that the work is to take place inside, and that all equipment is to be stored inside the building. In anticipation of hopefully receiving your recommendation for approval and City Council's approval, substantial work has been done with regard to cleaning up the property. It has been a long afternoon, so I won't take too much more of your time, but if you have any specific questions, I'm available to answer them. I also have Mr. and Mrs. Freeman in the audience who are available as well. I thank you for your time. Barry Knight: Thank you. Are there any questions? Not at this time. Shepelle W atkins-White: Thank you. = Joseph Strange: Speaking in opposition we have Neal and Janet Chaves. Barry Knight: We1come. Janet Chaves: Good afternoon. I'm Janet Chaves. Neal Chaves: I'm Neal Chaves. Janet Chaves: I live at 5660 Morris Neck Road, across the street diagonally. Do you want me to use this? Right there. I'm not actually opposed to the business, but they have been in violation for over a year. It has only been in the last 2 or 3 days that we have compliance. My concern is that I'm asking for the Commission and the applicant to comply with the City's rules and regulations, and also the business rules and regulations for the City of Virginia Beach. I know, I only have three minutes, so I just want to go down some of the condition 5. Being addressed is auto detailing. Is that going to be inside? Where are they going to wash? They mention in condition 6 minor touch up. Does that mean compressed paint sprayers? Will it be sales of vehicles? What about deliveries? Supplies? What about deliveries of the vehicles on the carriers? What about industrial waste disposal? There has been an army truck or a military truck for months, and that is their dumpster. It has never been dumped. It is filled with trash. Personally, they have been there 7 days a week, 24 hours a day, almost for over a year. So at 6:00,. does that mean they close the bay doors, and then just the men work on their personal vehicles? They have used Morris Neck Road, Fitztown Road, and Princess Anne Road as a test track for their engines. The fact is that when they work on their vehicles, they Item #14 & 15 Gerald Freeman Page 3 screech out and peel out. They go up to Fitztown Road and do the loop down Princess Anne Road. Recently, there have been four wheelers and dirt bikes going around and around the property, and on the adjacent fields that Mr. Freeman owns. He said he wasn't aware of that. They haven't had a business license at that location since they have been there. And, I would like to see sound buffers and landscaping, because I have full side and full view. We don't know how many employees are going to be allowed. What are the number of vehicles that would be allowed outside? They have lived in, on, and about the premises for over a year. And, it was mentioned this morning about students. Until the end of May, there were a lot of young people over there. I never saw any adult supervIsIon. Neal Chaves: During this past year, we were concerned that the City has not been able enforce any of the regulations about living on the property and about the unlicensed business and so on. Janet Chaves: We would like to see compliance. We would like for them to use their property and make money with it but we would like to see compliance. We would like to know that someone is going to make them come into compliance with that. = Barry Knight: Thank you. Are there any questions? Ma'am. You live catty-corner. I know exactly where you live. Janet Chaves: One of Jones' old houses. Barry Knight: With your line of sight, I guess your more concerned with the west side. Janet Chaves: The west side and the full front. As soon as I walk out my door, that is all that I see. For the past year, I have seen nothing but a sea of vehicles, congregations of people, a lot of people coming and going at night, lots of partying. If they want to use it for a legitimate business and have regular business hours, I don't have a problem with that, as long as they meet all the conditions and proffers. A lot of things that I mentioned in here were not even in the conditions for the proffers. What about garbage disposal? There is no dumpster out there. Where would they put the dumpster? What hours would they dump that commercial dumpster? Barry Knight: The applicant's attorney is going to come up here, and we are certainly going to ask her some of those questions. Are there any more questions? Thank you ma'am and sir. Joseph Strange: That is all the speakers. Barry Knight: Okay. Welcome back. Item #14 & 15 Gerald Freeman Page 4 Shepelle W atkins-White: Thank you again. Shepelle W atkins-White. In regards to some of the concerns that she raised, and the first being with the auto detailing, we did restrict that the auto repair would take place only inside, but I'm assuming if they are going to be washing cars that would take place outside. In regards to bodywork, we did agree to limit it to minor touch up. Extensive body detailing work would be taken care of, such as if you got a big dent in your car, so you won't have the noise associated with those type of auto repairs. The sale of vehicles... no sale of vehicles are permitted. That is not the purpose of what the repair shop is for. The industrial waste, and when I spoke to Mr. and Mrs. Chaves last week, I did learn there was a truck there. I actually went out, and it does look they are using that to store what their debris is, but I don't know if anybody has had an opportunity to go out to the site, but it is a very clean site. I certainly don't see that as being a big issue. With regard to the buffering, our site plan calls for buffering, which we will address those issues. As for the ongoing compliance, I've given the Chaves my number as a way to contact if there are concerns. Additionally, Mr. Freeman's brother lives in the house that is directly next-door. The Freemans live in the area. They have indicated to me, and I am not certainly minimizing the concerns raised by Mr. & Mrs. Chaves, but the activity they certainly have not observed anything to the extent that has been before you. And, certainly with Mr. Freeman's brother living next door that would certainly present an issue to comply about it as well. Again, I thank you for your time, and I just ask you to support this matter and vote positively for it. = Barry Knight: Are there any questions? I've got a few. As far as trash disposal is concerned, nobody doesn't want to see a dump truck sitting there, is there anything to be done as far as the trash collection or disposal? Shepelle- W atkins-White: I was just thinking off the top of my head. We could certainly agree to a condition that would require regular disposal of waste in an appropriate matter rather than having it stored outside sitting in the truck. I'm not opposed to that, and I don't think the Freeman's would have an objection to that. Barry Knight: As far as, and probably the appropriate thing there since it is going to be a business there, is going to have a small dumpster. We certainly don't want that dumpster being cleaned or dumped anytime other than the business hours. These business hours, when it says close at 6:00 pm, it is going to mean close at 6:00 pm. It is time for them to go home. Shepelle Watkins-White: That is the understanding that I had. That you just don't pull down the gates and go inside working. The business is closed at that time. Barry Knight: That's right. Has there been any discussion about the number of vehicles there? I think we need to put a number of vehicles as far. We don't want a hundred there of course. You can't operate if you only have two, but if you come up with an appropriate number and if somebody comes by and counts cars, we will know that they are out of compliance. Item #14 & 15 Gerald Freeman Page 5 Shepelle Watkins-White: Okay. I don't have a number off the top of my head. The gentleman that would actually be running it is not here today. I'm certainly amenable to it. It is a small site to start with, so I don't think we can have more than 25 cars. That is probably pushing it. Barry Knight: That is right. I think outside of the building, I would think 15 would be a maximum for outside the building. Shepelle Watkins-White: Outside and then? Karen Prochilo: There is parking shown on the site layout. There are six spaces shown outside the building. Barry Knight: What is you recommendation Karen? Karen Prochilo: We haven't spoken to them either. That is why we designatged six parking spaces to ensure that they would be parking in the spaces and not on the grass or any place. Barry Knight: I think that is our limit right there then. Six outside the building. = Karen Prochilo: Right. Outside the building. Barry Knight: Six outside the building. A little background. The Freemans were nice enough to offer this property for many, many years as a fire station. It was very noisy back in the old days. The siren went off, and the fire trucks were banging their bells and going back and forth. It was a needed service. It was just a wonderful use of the property back there. As soon as they get this building cleaned up, it is going to look a whole lot better than the new fire station we have there, as far as the design. Shepelle W atkins-White: I had nothing to do with that. Barry Knight: I understand. Glen Freeman, who lives next door, he works a whole lot. He is a hard working man. He works a whole lot. If Glen, because I know Gerald and June Kay, they go out of town a lot, but if Glen will keep a close eye on this property by living next door, as the neighbors, Glen would walk over there and make sure that is in compliance, and we invite the neighbors to call if they see any discrepancies whatsoever, because in the Comprehensive Plan, in rural south, this is a commercial node. They specifically identify the little town of Creeds. So it is a proper use of zoning down there if they stay in compliance with these conditions. And, they just need to pay attention. It is a rural community down there. There is a need for some repair down there but they have to follow within these guidelines. Item #14 & 15 Gerald Freeman Page 6 Shepelle W atkins-White: I certainly stressed that, once the issues were brought to my attention. I spoke with the Freeman's regarding that as well as Mr. McGuire. And intended to follow up my discussion with him with a nice little letter that spelled out specifically what the stipulations are and the adherence to those stipulation of what we required. Barry Knight: It is going to be because the people down there who live in our neck of the woods. If they don't like what they see, they are going to take issue with it. We will have further discussion, but I certainly hope that some of the Commissioners take in mind that we have nine conditions now. If is in their purview, I would like to see them add a condition for a dumpster, and also a condition that no more than 6 cars are kept outside. Mr. Waller? John Waller: On the six cars, that is in front. Usually with a garage, they certainly like to park cars in the back. Is there a preference on how many cars they can put in the rear? Barry Knight: Ms. Prochilo? Karen Prochilo: We do need to accommodate for employee parking. = John Waller: This is just for repair or waiting to repair them and they store them and put them in the back. Karen Prochilo: There really isn't any paved area in the rear. It is a grassed in area. So we weren't anticipating having anyone having parking in the rear, only the designated parking. Shepelle Watkins-White: That is correct. That is a grassy area. Barry Knight: Mr. Henley? Al Henley: I would like to address one of the comments from the speakers earlier. I lived across the street, and they mentioned one of the concerns of four-wheelers that were utilizing the field around the property across the street. If I remember correctly, that is agricultural field, and more than likely it is grandchildren may be utilizing it, and that is one of the rights of the property owner. They can four-wheeler it. So that mayor may not be permitted. I'm sure if they are trespassing, the owners will take that into consideration. Barry Knight: Are there any other ~uestions? Mr. Crabtree? Eugene Crabtree: You mentioned a dumpster. I'm looking to see what they are going to do with their industrial waste. How are they going to dispose of their industrial waste to comply with OSHA. Does the City have provisions to check these uses regular for Item #14 & 15 Gerald Freeman Page 7 disposal waste? I don't know. I think most car dealers and most car repair places have to have something like that. Barry Knight: Mr. Crabtree, I can answer that for you. Down at the Back Bay Auto Repair, and also at the brand new Pleasant Ridge Auto Parts, they are going to have recycling for motor oil and antifreeze. So, they will have to, of course, have to dispose of it properly, but they will accept it for them. Eugene Crabtree: Okay. Shepelle W atkins-White: There is one other thing, and we do have a condition that limits no storage of tires and those sorts of things. Barry Knight: Ms. Wood? Dorothy Wood: Could we add a condition that it is administratively reviewed after one year to make sure that there are no parties and other activities that would bother the neighbors? Barry Knight: It is certainly would be in within the purview of the Commission. = Dorothy Wood: If I could make amotion? Barry Knight: Sure. Dorothy Wood: I would like to make a motion to add three conditions. The first one would be the dumpster, and it would be emptied regularly. Number two would be only six vehicles on the outside; and, number three, an administrative review after one year. With that, I would like to make a motion for approval. Barry Knight: We have a motion on the floor. Do we have a second? AI Henley: I'll second it. Barry Knight: Mr. AI Henley seconds it. Is there any more discussion? There is a motion to approve items 14 and 15, Gerald Freeman, with twelve conditions as stated. First one was made by Dot Wood and second by Al Henley. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item #14 & 15 Gerald Freeman Page 8 KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD ABSENT AYE AYE ABSENT AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved the application of Gerald Freeman. Barry Knight: Thank you. = CITY OF VIRGINIA BEACH ThITER-OAACECORRESPONDENCE I n Reply Refer To Our File No. DF-6435 DATE: August 9, 2006 FROM: Leslie L. Lille~ B. Kay Wilson DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Gerald Freeman, Gary Freeman and Marvin Freeman The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 22, 2006. I have reviewed the subject proffer agreement, dated May 31, 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/als Enclosure cc: Kathleen Hassen / GERALD FREEMAN, GARY FREEMAN, AND MARVIN FREEMAN 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 May, 2006, by and between GERALD FREEMAN, GARY FREEMAN, AND MARVIN FREEMAN, the party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, the party of the second part WIT N E SSE T H: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 27,629 square feet and described' in "Exhibit A" (The "Property") attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part is the owner of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-2 to conditional B-2 Zoning District; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain This document prepared by: Kaufman & Canales, P .C. 524 Johnstown Road Chesapeake, VA 23322 1 GPIN: 2309-91-6281 reasonable conditions governing the use of the Property for the protection ofthe 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 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 B-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, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title and which will not be required of the Grantors until the Property is used for the aforementioned purposes: 1. The Property will be developed in substantial conformance with the conceptual site plan entitled "Resubdivision Plat of the Beulah Freeman Estate" dated October 10,2005, 2 including but not limited to, vacating the property lines as depicted in the attached Exhibit B, which shall provide for a lot meeting the dimensional requirements for the B-2 zoning district. 2. No living arrangements shall be allowed in, on or about the premises. 3. As long as an automobile repair garage is operated on the property its hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Saturday. 4. No body work or painting of automobiles, other than minor touch-up painting, shall take place on the property. 5. All auto repair must take place inside the building. 6. If lighting fixtures are installed for illumination purposes, any such fixtures shall be of an appropriate height and design, and angled appropriately as to prevent any direct reflection toward adjacent uses and city streets. Any such lighting shall be directed and deflected down at the ground, and not out horizontally or up in the air. 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. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of 3 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, Vir~inia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writiI.1g, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these proVIsIOns, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show, by an appropriate symbol on the map, the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: GRANTORS: GERALD FREEMAN /I .1' By: ./'~A.A,.t/ ,9--t>/~~- Gerald Freeman (SEAL) GARY FREEMAN By~8~ . F eman (SEAL) MARvm~ By:W. · . ~ Marvin Freeman (SEAL) . STATE OF V~ @/COUNTY OF'YL""t~ti C~ , to-wit: The foregoing instrument was acknowledged before me this 3 A.'~ day of ~ ,2006, by Gerald Freeman. Q~O~ Notary Phblic My Commission Expires: ~ 3 I ) D ( 5 . , STATE OF ~~ @/COUNTY OF"{A,~A ~ (( ~ , to-wit: \\, ,;:; . foregoing instrument was acknowledged before me this ~ day of ~, 2006, by Gary Freeman. My Commission Expires: ~:5 I ) 01 ., I STATEOF-1~~ ~OUNTY OF't'~ (kad. , to-wit: ~. The foregoing instrument was acknowledged before me this 3 ~1. .1 J,rf\...L , 2006, by Marvin Freeman. - day of My Commission Expires: Cl/3 \ I 0 1 ::ODMA\PCDOCS\DOCSCHES\7024426\1 6 EXHIBIT A ALL THAT certain lot, piece or parcel of land, an area of approximately 27,629 square feet, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, commencing at a point which is approximately 288.90 feet east of the northeast intersection of Morris Neck Road and Princess Ann Road along a line having a bearing of North 80010'12" West and from such point running North 09051 '13" East a distance of 2.00' to the true point of beginning of the parcel herein described and from such true point of , beginning running North 09051 '13" East a distance of 98.00' to a point; thence North 18052'13" East a distance of 91.35' to a point; thence South 80010'12" OI"U"+ n A;S~"'_""'o _+ 1f\1 0"::' +_ ,... __.:_+. ..t......._........ C....n+'L O"011\)1"l" Ti__4. _ ..:1.:_....____ _L:' .....a~L a U~ Lau,-,,-, V~ ~ v ~ .OJ LV a PV11lL, L11l;;l1\,,1;; o..JUUL11 OU 1 U 1"'- DCl.::iL Cl. Ul::iLCl.U\;C VI 34.28' to a point; thence South 09059'11" West a distance of 188.23'to a point; thence North 80010'12" West; said point being the POINT OF BEGINNING. AG.) (ITAi Conditional Zoning Change: {rom AG-1/AG-2 to B-2 ~~ ~~~. ~~{~ ~l.. .~~ ~i:li . .. 1>, ..;'!""""< --z., t~\ --" ilJ C'~.,,'- ~~.r.l 'it~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Vistacor Partners, L.L.C. - Change of Zoning District Classification, Northeast intersection of Dam Neck Road and Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: August 22, 2006 . Background: Application of Vistacor Partners, L.L.C. for a Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District on property located at the northeast intersection of Dam Neck Road and Princess Anne Road (GPINs 1485909486; 1485901501; 1485807898; part of 1485910167;part of 1485910006; 1484999748; 1484091664; 1484092567). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant proposes to consolidate six parcels, and portions of two others, and to rezone the combined 57 acres to B-2 Business. The purpose of the rezoning is to develop a retail and office center designed to contain an environment where people can come together to work, eat, and shop. The proposed development contains approximately 40,000 square feet of office and 482,000 square feet of retail and restaurant uses. There are also two outparcels of approximately 1 acre each. The conceptual site layout shows a plaza area at the southwestern corner of the site, with a large water feature at the Princess Anne Road and Dam Neck Road intersection. The plaza has retail on both sides and the retail on one side includes second floor offices. The plaza is enhanced with special paving treatments, a fountain, flags, lighting, and street 'furniture' to create a "Main Street" atmosphere. Connected to the plaza area are "streets" of shops, which face intemal1y to the site, creating a sense of enclosure. Further discussion regarding the details of the plan is provided in the attached staff report. Consistent with the design guidance provided by the Comprehensive Plan, the site plan depicts open space and landscaped areas. These landscaped areas include wide landscaped berms parallel to Princess Anne and Dam Neck Roads, creating aesthetically pleasing views from those roadways while also screening any service areas of buildings. A wide landscaped buffer and a lake separate the Vistacor Partners, L.L.C. Page 2 of 2 project from the adjoining residential neighborhood. The proffered plan also depicts landscape areas in the parking lot, a large stormwater lake, and a water feature that acts as a focal point for the project. This feature, located at the corner of the site adjacent to the intersection of Princess Anne and Dam Neck Roads, provides a pond with a fountain that serves as part of the anchoring element at the western end of the "Main Street" plaza. The plaza itself is designed such that it can serve as a public gathering place. The architecture proposed for the buildings within the project is also consistent with the recommendations of the Comprehensive Plan, using a combination of contemporary retail styling with Colonial-style architectural detailing, including cornices, pediments, columns, and dentil elements. A variety of quality materials are used, as well as a variety of colors, on both the front and the rear of the buildings that parallel Princess Anne and Dam Neck Roads. Since this site is located at the northem end of the Princess Anne Corridor, the architectural design and styling is appropriate. The more contemporary elements of the design are compatible to the modem and, in some respects, "high-tech" styling of the Sentara offices, LifeNet, and the Higher Education Center. However, the design also integrates the Colonial elements and materials found at the southern end of the Princess Anne Corridor within the Municipal Center. In sum, the proposal meets the intent of the Comprehensive Plan's guidance for this site, addresses the traffic-related issues generated by the development (as described in the Traffic section of the attached staff report), and provides land uses compatible with the AICUZ and the area of APZ 2 located at the northern portion of the site. It is, therefore, Staff's recommendation that this request be approved as proffered. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-2 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recomm~nds approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department'- City Manager: ~\L. ~ ~ VIST ACOR PARTNERS, L.L.C. Agenda Item 5 July 12, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Chanae of Zonina District Classification from AG-1 & AG-2 Agricultural District to Conditional B-2 Community Business District ADDRESS I DESCRIPTION: Property located on the northeast quadrant of the intersection of Dam Neck Road and Princess Anne Road. COUNCil ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 57 Acres Total GPIN: 14849997480000 14940916640000 14940925670000 14859094860000 14859015010000 14858078980000 14859100060000 portion of 14859101670000 portion of SUMMARY OF REQUEST The applicant proposes to consolidate agriculturally-zoned properties and rezone the combined properties to B-2 Business. The purpose of the rezoning is to develop a retail and office center designed to contain an environment where people can come together to work, eat, and shop. The proposed development contains approximately 40,000 square feet of office and 482,000 square feet of retail I restaurant area and two outparcels of approximately 1 acre each. The conceptual site layout shows a plaza area at the southwestern corner of the site, with a large water feature at the Princess Anne Road and Dam Neck Road intersection. The plaza has retail on both sides and the retail on one side includes second floor offices. The plaza is enhanced with special paving treatments, a fountain, flags, lighting, and street 'furniture' to create a "Main Street" atmosphere. ,;,,-.,.;'. ,;j;..,',.-<:- ..,.- ,,,,.(,,_:>.C " ',:':--'.,:_ VISTACOR PARi~ERS, L.L.C. ..Agenda Item 5 , ,'. P~g~1 "<<> " Connected to the plaza area are "streets" of shops, which face internally to the site, creating a sense of enclosure. The site design is not similar to typical 'big box' retail centers, where a large retail center (150,000 square foot or larger typically) anchors the site and is fronted by a 'sea of parking' that runs between it and the street or outparcels located on the street. Instead of such a scenario, the applicant's site design places parking areas between two shopping promenades - one being the specialty shops and retail spaces running outward from the large retail space in the center of the site, and the second being a similar row of specialty shops and retail spaces running parallel to Princess Anne Road and Dam Neck Road. Additionally, the parking areas between the two promenades are not as deep as those typically seen in retail centers, particularly those anchored by 'big boxes.' Finally, pedestrian pathways cross the parking areas at strategic points, further reducing any 'sea of parking' affect that could exist. The resulting affect of all of these factors is one of enclosure and connection. The proffered plan also includes wide landscaped berms parallel to Princess Anne and Dam Neck Roads, creating aesthetically pleasing views from those roadways while also screening any service areas of buildings. A wide landscaped buffer and a lake separate the project from the adjoining residential neighborhood. Exterior building finishes use a variety of brick, stone, and Exterior Insulating Finish System (EIFS) in selected groupings of color palettes. Changes in the building facades to create the visual interest necessary in a development of this size. The buildings are designed in a mixture of contemporary retail commercial style with neo-classical and colonial detailing. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site used primarily for agriculture. Two single-family homes on parcels at the southern end of the site. East: . Across Dam Neck Road is the City-owned Farmers Market, single-family dwellings and City-owned offices and warehouses / B-2 Community Business District, R-5D Residential District and 1-2 Industrial District. . Across Princess Anne Road is a cemetery and single-family rural residential home sites / AG-2 Agricultural District . Across the intersection of Dam Neck Road and Princess Anne Road is a City-owned park / P-1 Preservation District . Single-family dwellings / R-5D Residential District SURROUNDING LAND USE AND ZONING: North: South: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the properties are undeveloped vacant farmland with a small stand of trees in the northwest corner. There are two single-family homes at the southern end of the site. There are no known significant cultural features associated with the site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn with a portion of the site within APZ II surrounding NAS Oceana. The Navy's Air Installation Compatible Use Zone Program considers the uses proposed for this development compatible with this AICUZ and APZ. .,V:., <, ',^~,..< ;"...);~~ ".{, ',.,~ VIST ACOR PARTNERS, Agenda! "",,'~ " IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently an eight-lane divided major urban arterial to the north of this site and a two lane undivided major suburban arterial south of the site. The two lane section of Princess Anne Road is scheduled to be widened to a four-lane divided roadway beginning in 2009. Dam Neck Road in the vicinity of the site is a four-lane divided major suburban arterial. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 51,000 ADT 1 56,240 ADT (Level of Existing Land Use <.- Road (north of (2004) Service "0") less than 100 ADT site - 8 lane weekday divided) Proposed Land Use 3 - Princess Anne 26,219 ADT I 17,100 ADT (Level of 19,494 ADT weekday Road (south of (2006) Service "0") - Capacity site - 2 lane 18,400 ADT 1 (Level of divided) Service "E") Princess Anne 26,219 ADT 1 32,500 ADT (Level of Road (south of (2006) Service "C") site - proposed 34,900 ADT 1 (Level of 4 lane divided) Service "0") - Capacity Dam Neck Road 39,290 ADT 1 34,900 ADT (Level of (4 lane divided) (2005) Service "0") - Capacity 37,100 ADT 1 (Level of Service "E") Average Dally Tnps 2as defined by AG-1 & AG-2 3 as defined by 480,400 SF shopping center & 40,000 SF general office The developers provided a Traffic Impact Study (TIS) at the request of Public Works / Traffic Engineering. Staff reviewed and commented on the initial TIS. Based on the comments, a revised TIS dated May 19, 2006 was submitted. The Department of Public Works / Engineering and Public Works / Traffic Engineering worked with the developer during the production of the TIS to develop preliminary roadway improvements plans that are feasible and will be compatible with the upcoming roadway improvements project for Princess Anne Road. The conclusions and recommendations of the TIS generally are acceptable, and any outstanding issues will be addressed at detailed site plan review through the Development Services Center, should this application be approved by the City Council. At that time, adjustments to the plan may be necessary to satisfy staff requirements. WATER: This site must connect to City water. There is a 20-inch City water main fronting a portion of the site in Princess Anne Road. There is a 12-inch and a 16-inch City water main in Dam Neck Road fronting the site. There are 8-inch water lines in Allaben Drive, Nettle street and in a portion of Winterberry Lane. SEWER: This site is not within an existing pump station service area. The applicant will be required to provide pump station analysis for a potential receiving pump station to ensure future flows can be accommodated. There are 8-inch City gravity sanitary sewer lines in Allaben Drive, Nettle Street, a portion of Winterberry Lane and in Dam Neck Road. POLICE: A photometric plan must be submitted for review during site plan submission to the Development Services Center. FIRE: The proposal will be reviewed in detail during site plan review. EVALUATION AND RECOMMENDATION Recommended Action: Staff recommends approval of this request with the submitted proffers, which are listed below. Comprehensive Plan: This parcel is designated by the Comprehensive Plan as being within the Princess Anne Corridor, and is identified as Sub-Area 1. Recommended land use for Sub-Area 1 consists of "non-residential uses including retail, service, office, educational and institutional," (Pg 12 Princess Anne Corridor Study). Residential use is neither appropriate nor recommended for this site due to its location within the 70 to 75 dB Ldn AICUZ, at the end of Accident Potential Zone II, and along the flight path between NAS Ocean a and NALF Fentress. Evaluation: The proposal, as proffered, is consistent with the Comprehensive Plan's recommendations for Sub-Area 1 in regard to both site and building design. The guidance provided in the Plan suggests that a plan proposed for this site should incorporate as a significant part of the development a "main street" of specialty shops with wide, attractively landscaped sidewalks or clusters of "pedestrian scale" commercial retail shops, services, and effectively landscaped parking areas. The Plan also suggests that the "main streef' affect should provide the major focus of the development, rather than the typical single, large commercial structure served by a large and relatively unbroken parking lot flanked by auto dependent, single use outparcels. The applicant's site design consists of a principal "Main Street" plaza, flanked by specialty shops. The plaza (street) is enhanced with special paving treatments, lighting, and street 'furniture' (benches, trash receptacles, flags, etc.). The theme developed at the plaza (street) is then carried throughout the remainder of the development, primarily through the pedestrian pathways that split the parking areas and link the principal plaza with the four other shopping 'streets,' two of which are on the Dam Neck Road side of the site and the other two of which are on the Princess Anne Road side. The retail spaces along these >v_l>'''';- ,-_.. -~ ,"";-"'..","; <'",",',',/i ",~.~ ~::-'. <",,>..' v'" ',... ,., ,,-.---\ .:" -':':""<.,' . .--," ':",:,'- VISTACOR PA~~NERS, L.1.^6. ..^^^ Agenda Item 5 . ^ ...p;~ge4 ':,',_. ">" promenades continue the theme developed at the principal 'Main Street' plaza through the use of similar building materials and design details and wide sidewalks with similar landscaping, lighting, and street furniture. The affect will be similar to that achieved at other quality retail centers in the city, such as Hilltop and Red Mill Commons. Also consistent with the design guidance provided by the Comprehensive Plan is the inclusion in the site design of significant open space and landscaped areas. The proffered plan depicts wide landscaped buffers, landscape areas in the parking lot, a large stormwater lake, and a water feature that acts as a focal point for the project. This feature, located at the corner of the site adjacent to the intersection of Princess Anne and Dam Neck Roads, provides a pond with a fountain that serves as part of the anchoring element at the western end of the "Main Street" plaza. The plaza itself is designed such that it can serve as a public gathering place. Finally, the architecture proposed for the buildings within the project is a combination of contemporary retail styling with Colonial-style architectural detailing, including cornices, pediments, columns, and dentil -elements. A variety of quality materials are used, as well as a variety of colors, on both the front and the rear of the buildings that parallel Princess Anne and Dam Neck Roads. Since this site is located at the northern end of the Princess Anne Corridor, the architectural design and styling is appropriate. The more contemporary elements are compatible to the modern and, in some respects, "high-tech" styling of the Sentara offices, LifeNet, and the Higher Education Center. However, the design also integrates the Colonial elements and materials found at the southern end of the Corridor within the Municipal Center. In sum, the proposal meets the intent of the Comprehensive Plan's guidance for this site, addresses the traffic-related issues generated by the development (as described in the Traffic section of this report), and provides land uses compatible with the AICUZ and APZ 2. It is, therefore, Staff's recommendation that this request be approved 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," (~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: The site layout for the retail buildings, parking areas, drive aisles, storm water retention areas, and other site features of the shopping center shall substantially conform with the Conceptual Site Plan (the "Conceptual Site Plan") shown on Sheet 2 of the Design Handbook for Landstown Commons, dated June 1, 2005, and prepared by Wakefield Beasley & Associates (the "Design Handbook"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: The buildings shown and labeled on the Conceptual Site Plan as buildings "LF-1", "LF-2", "LF-3" and "LF-4" (collectively, the "Lifestyle Buildings") and those shown and labeled on the Conceptual Site Plan as buildings "A" through "I", "K" through "V" and"W" through "Z' (collectively, the "Shops and Anchors") shall be designed and constructed as follows: ;.,:,)>-,/:~~\:.. "-"':;- ....v. ^,.-/. \"< ",:,., '-"/~,,"-' ,cO, '-'. <.<> . v..... VIST ACOR PAI?1NER$, > Agenda! p (a) the Lifestyle Buildings shall be constructed in substantial conformity with the elevations for the Lifestyle Buildings shown on Sheets 8 through 13 of the Design Handbook; (b) the Shops and Anchors shall be constructed using multiple building articulations and elevations of the quality and style shown in the elevations for the Shops and Anchors, shown on Sheets 14 through 19 of the Design Handbook; and (c) the Lifestyle Buildings and Shops and Anchors shall be constructed using multiple architectural materials, finishes and colors of the quality and type shown as the Building Finishes on Sheet 20 of the Design Handbook. PROFFER 3: The rear portions of the Lifestyle Buildings and Shops and Anchors visible from Princess Anne Road and Dam Neck Road shall be constructed using multiple building articulations and colors, in substantial conformity with Perspective Rendering 2, set forth on Sheet 4 of the Design Handbook. The rear of the Lifestyle Buildings shall be constructed in substantial conformity with the designs depicted in the elevations for the Lifestyle Buildings, shown on Sheets 12 and 13 of the Design Handbook, and the rear of the Shops and Anchors visible from Princess Anne Road and Dam Neck Road shall display design elements and features in substantial conformity with those shown in the elevations for the Shops and Anchors shown on Sheets 18 and 19 of the Design Handbook. PROFFER 4: The uses of any portion of the Property located within the "APZ Limit", as shown on the Conceptual Site Plan, shall be limited to those uses deemed compatible with those listed on Table 2 of Section 1804 of the City of Virginia Beach Zoning Ordinance. PROFFER 5: The primary shopping center identification signs shall be located along Princess Anne Road and Dam Neck Road in the locations shown on the Monument Sign rendering, which appears on Sheet 22 of the Design Handbook, and such signs shall be constructed using materials and designs substantially similar to those shown in the rendering. PROFFER 6: The outparcels shown and labeled on the Conceptual Plan as "OutparceI1.31AC" and "Outparcel +/-0.9AC" shall be developed using building designs and architectural materials substantially similar to and compatible with designs and materials used in the remainder of the shopping center in light of the intended use. PROFFER 7: At the time of completion of all phases of development, Grantor shall have developed 40,000 square feet of space designated for office use upon the Property, which may be located also upon any additional property acquired by Grantor and incorporated into the shopping center. PROFFER 8: Grantor shall install a variable width buffer containing a combination of landscaping, berming, and storm water retention facilities reasonably necessary to accomplish a screening effect between Grantor's development and the adjacent residential neighborhood known as "Landstown Meadows", located adjacent to the northeastern boundary of the Property, substantially as shown in the Conceptual Site Plan. ,....,~.,.;:, ' , A "/ "'..,. 'vf>' " <,'<>';;: VISTACOR PA8lNERS, H~'C. Agendalt~915 ;..~~9~".~ , ~'''^.''...".-, PROFFER 9: The buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be set back a distance of at least one hundred ten feet (110') from the northeastern property line of the Property. PROFFER 10: The rear portions of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be painted neutral, earth-tone colors. PROFFER 11: All dumpsters located at the rear of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be enclosed on at least three sides. PROFFER 12: All site lighting installed along the rear portions of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be directed away from the Landstown Meadows neighborhood and shall be downward-directed and shielded to minimize light seepage into the Landstown Meadows neighborhood. PROFFER 13: All deliveries by truck or van to the rear areas of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall occur between the hours of 7:00 a.m. and 10:00 p.m. PROFFER 14: At the time Grantor installs the stormwater detention facilities shown on the Conceptual Site Plan, Grantor shall install a solid, maintenance-free fence in the landscape buffer located between the shopping center and the residences located along Barberry Lane and the adjacent park. PROFFER 15: At the time each section or phase of the shopping center is developed, Grantor shall install a combination of landscaping and berming of at least thirty feet (30') in width along Princess Anne Road and at least thirty feet (30') in width along Dam Neck Road, each in substantial conformity with the landscaping shown on the Conceptual Site Plan and the Street Section exhibit set forth on Sheet 7 of the Design Handbook. Notwithstanding the preceding sentence, landscaping along the front of the parcel shown and labeled as "Outparcel +/-0.9AC" on the Conceptual Site Plan shall be a width of no less than fifteen feet (15'). PROFFER 16: At the time the Lifestyle Buildings are constructed, Grantor shall install a pedestrian plaza in substantial conformity with the Hardscape Plan and Street Furniture Selection shown on Sheet 21 of the Design Handbook and the Conceptual Site Plan. The pedestrian plaza shall include a fountain, flagpole, light fixtures and sidewalk furniture, each in substantial conformity with the Hardscape Plan and Street Furniture Selection. Sidewalks within the pedestrian plaza shall be constructed using stained or stamped concrete, and other pedestrian walkways within the pedestrian plaza shall be constructed using either stained or stamped concrete or asphalt. PROFFER 17: Grantor shall install pedestrian walkways to provide pedestrian connectivity between the retail buildings, in substantial conformity with the pedestrian walkways shown on the Conceptual Site Plan. ;>/1' .~. VISTACOR PAI;INERp, L'Ji..C. Agenda I PROFFER 18: Grantor shall be responsible for the installation of any required deceleration lanes, turning lanes, or median improvements for the shopping center, as may be reasonably required or approved by the Director of Planning, or his designee. PROFFER 19: Grantor shall install traffic signals at the primary entrance to the shopping center along Dam Neck Road and the primary entrance to the shopping center along Princess Anne Road, as may be reasonably required or approved by the Director of Planning, or his designee. PROFFER 20: All right of way improvements to be installed by Grantor shall be made according to plans prepared in consultation with the Department of Traffic and Engineering and reasonably approved by the Director of Planning or his designee. All right of way improvements to be installed by Grantor shall be substantially completed or bonded on or before the date the first building permit is issued by the City for a building to be . constructed within the shopping center. PROFFER 21: Further conditions lawfully imposed by applicable development ordinances 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. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the two proffer agreements dated December 1, 2005 and June 30, 2005, and found them 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. '~:':"". _,_''''-_', c ,- ^., '" """~ ""-,"', VISTACOR PAffllNERS, L Agenda It . .-. AERIAL OF SITE LOCAtFJ€lN:-, .:- .",Y'^ , "-. '-' .,. '.: ::' -,....~-.,<-_..,.':: ,. ';:, ~'~;. -.^,~"><__>,w,;::,.::::\::~:.:;:'-;' ":, >;'" :;.;:;" . ''.;;;' ,w. "~ VISTACOR PABINER$, h~t.C. A~endalt~~5 ......~a~.9 .,-;,-- ,_::",,,,:,,,:,::1~,-;::_ ;;:> .c.I':) z, o ~ ;E o u j ---- ~ - PROPOSED SI!~]~LAN~:':~:<:.,: ~: ,,<~ '" '. ^'''::':~'>' 'B/;t:,:,"t VISTACOR PA,?;rNER$,.. ;:A,gendaJ Pa ~..,-' V".) z o ;3 ~ o u Z ~ o E-=t ~ Q Z < ~ RENDERING OF LIFESTYLE BUI'l~9l~~;~:~.c':'; ..... Y'~ > :.,,,-,. ,~,-:';/,<;':':':::.....",::;;;;:,:, <^'x; .~ z o ~ o u Z ~ o ~ CIj ...Q z ~ , -";<",~"."."?-'----...;~ RENDERING OF LlFESTYLEj,~wi~~ij'N<i$;,j.:, T'; ,. ^-- .~, " .<- >---<:~'-'-- i,,:;:< """':~.,..-c:<::' ~ ~ ::";~:~,;-""; ',.':'::'^"': -::;s VISTACOR PAR!NERS,.L~l.C'. . Agenda Iter:nS . Page 12 .........' '.-' '-, ._..-w....-.-,---..,'..".. , - .... '.. "".,:~' m '2 e> :> t/) ~ o ~ ~ o u Z .~ o ~ r..f:) o z :5 (. 1 iY ".11/ ....' . (V;.. ,; ,l l .~. :;, , ~. ~ ( I,.: , li.~. l 1< ;. I . , C> J'- . z ,., G1 : "l~, Ul . \. l oS> . !l. W.' .... I. ~: . dl~ , . IU' ' ..... , . . . , , , . . , I ~ ~ . . . I . . . I . . : I , , , . , . , . . . ~ . , , . . , , , , ~ ~ "' U <l> '" I'. t ". ' .. t f It t ~.- ~: t 'l~r';,:t._ ~:r I, p...... t I .i ~ \ t " . . , , ' , ~ SECTION AT STREET & REAR OF BUll.;:piNG$'( , .... " ....,,;-.- <;-~;";>);':'<;:,:~; ~"",.{;:::;:;.''. ',-';;:';':'\.,,:;:;:;., VISTACOR PARINER$,..Lal.C. ....Agendalt~f5 .......Pg~1~ .~ .5: ~ 5 CIj ~ o ~ ~ o u Z ~ o ~ C/) o z ~ ~ .'.+-..__,.-A'>.:'-""";~,:__;> TWO-STORY ELEV A~i:O~~~.;;).~~;~";::::~'" /., 'c_",.; > :...,./:::: -'-,:;"'" VISTACOR PAR"fNERS, L:L.C. " Agenda . Item 5 . .'. PageJ4 v '.'_',~ ..~ c e> :> C.I") ~ o ~ ~ o u Z ~ o ~ C.I"). o z ~ ~ ~'-"" --'--', ANCHOR STORE ELE)1:ATIClNF/\c "< -:A,.;_. ;;'_'<:'::'~"""/:':/:':~':~;;.> VISTACOR PA8~~ERS, Hl'C, .Agendalt~!'r' 5 Pa.gei1!j ><;:'-'''''.::::",::'':''7::' .... '5) .... :> lZ) Z d ~ :E o u Z ~ o ~ lZ) o z ~ ~ REAR ELEVATIO:N::"" ~ ~ . '",', _ '_~c' '''d ,^'.( <~:':,_,~:-:>' ;-- .,'-.....~', ""',,; <::> '" c AG-1 (ITA) 1 2 3 4 04/22/03 07/07/98 02/24/98 08/11/92 10/24/88 01/08/91 08/21/90 12/07/87 12/07/87 09/16/85 09/16/85 5 6 7 AG-2 (ITA) Conditional Zoning Change: from AG-1/AG-2 to B-2 Chan e of zonin from R-5D to conditional 1-1 Conditional Use Permit communications tower Conditional Use Permit communications antenna Change of zoning from R-5D to conditional 0-1 Chan e of zonin from R-5D to conditional B-2 Chan e of zonin from R-5D to conditional A-12 Conditional Use Permit communications tower Change of zoning from Ag-1 to conditional R-6 Change of zoning from Ag-2 to conditional B-2 Change of zoning from Ag-2 to conditional B-2 Chan e of zonin from A -2 to conditional B-3 Granted Granted Granted Granted Withdrawn Granted Granted Granted Denied Withdrawn Withdrawn ~'~'.:>~":f~(":"'>:::':\ ,,"::'::., . ~"/"";;/;::< '.....,..; ( ,. 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'<> <S> <J: ~ or, ", :!; i~~I~_ ~o5~~:g o>:;~~.....:: ~ ::;'G,;;i~;~ ~ .z .... -a..z :;< ~~j!~~;; 6 Z ~ o '" - '" c: 3: o ~ ~ i ""4 ;; i: .:f ~ ~ <.. ,.(~ ~ , :, v,~,,<.( ,~ -i. ~ ;:; ~ '" c: ~ o ;;- i l:. $2 g,!i ~s ,,- ~~ "0 ::: '~ ~ Q,.. Ie S:! ~ o '" '" 8- l V",j ,; c":-.,...\,.: .._..../ .c_ ...... ",c' VISTACOR PA'7l!NERS, i Agenda! 1?g' ,,:~- Propert!" Owner Signature Page and Required Disclosure for Conditional Rezoning Application of Vistac:orPartners, LLC The undersigned party ("Owner") is an owner of the property described above and consents to the Conditional Rezoning Application filed by Vistacor ~artners. LtC. Ovmer is an individual and bas no "parent-subsidiary relationship" or "affiliated business entity relationship" with Vislaror Partners, LLC, as those terms are defined in the Conditional Rezoning Application. Owner understands and agrees that Vistacor Partners, LLC may make revisions or modifications to. the Conditional Rezoning Application materials d1.uing the rezoning process,.. and VislaCOr Partners, LLC. is authorized to make such changes or revisions onbeha.lf of Owner, as may be required fur approval oftbe Conditional Rezoning Application. Property: 3609 Dam Neck Road (+1- m acres) GPIN No.: 1485-91-?oo6-OOOO :- FolJv~ /i;1J3!Utl~ 3/tf{(p(, Doris M, Broussard {Lt,1-<'....J Jr- 'tn ~ ~/({; t." Adrean W. Moody '- t.~'i\.~ \....~&~ PDP.3JI.f[II(P Evelyn N. Larkins ' ~. [jJJ~ Alvin E. Williams 3-"" -Coh JM~~ 1nezM.' a /1'/18 t, .,.. I. ~J~'~~ b~ ~~\&<'O.....-.J. flt>A all,!'I.~ j E. Williams Property: Northeastern comer of the intersection Princess Anne Road and Dam Neck Road in Virginia Beach. Virginia, GPIN Nos.: 1485-80-7898 and 1485-90-1501 ~"'~ 0. .~~ Sandra A. Lahren ". _ 0 I - cl.:> ~~ Senior ce PreSIdent 0: ' /0-:-1/ l'! >IJ~ y' J.<r:'~:f:i/Jt-..;-;hJ' . Kathryn D, . ard. Trustee for Anderson Jefferson Ward Trust GPIN No.: 1494-09-1664 MY\ 0 l 1 I~ (~7C- , 'm<\L Fuller ~ ~'j /1;) I /' /1;111/ \ tl'; , 1 ~. non. 1. Full"" jI Property: 3284 Princess Anne Road Property: +/- 1.876 Acres Along Princess Anne Road PRINCESS ANNE CUSTOM DESIGN CONSTRUCTION. INc', a Virginia corporation GPIN No.: ~9-1664 Ilt.N BY:k~~",--,,_ , "^::::-;-;'-..-.;, -,,~"" , ,.<,.",\-:N:', . "'~<". ,.:.,:. ","',."','-. <./- ..~ VISTACOR PA8TNERS, WiIL.C. Agenda It 1 i l~ .( 8> DEPARTMENT OF THE NAVY NAVAl.. AIR STATION OCEANA 1750 TOMCAT BOUlEVARD VIRGINIA BEACH, VIRGINIA 2346G-2191 IN REPLy REFER TO: 5726 Ser 33/ 170 March 29, 2006 Ms. Karen prochi11o planning Department City of Virginia Beach 2405 Courthouse Drive, Building 2 Virginia Beach, VA 23456-9040 I " Dear Ms. Prochillo: Thank you for the opportunity to review the Conditional Rezoning Application by Vistacor Partners, LLC, to develop a retail center at the intersection of Dam Neck and princess Anne Roads. The site is located approximately three miles southwest of Naval Air Station (NAS) Oceana in the 70 to 75 decibel day-night average noise zone, with a small portion of the property in Accident potential Zone Two. The Navy's Air Installations Compatible Use Zone Program considers this retail development comPatible with airfield operations. If you have any questions, contact my Community planning . Liaison Officer, Mr. Ray Firenze. at (757) 433-3158. Sincerely, n, R~. Navy ding Officer Copy to: COMNAVREG MIDLANT (00/N02) Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission' VISTACOR PARTNERS, L.L.C. Agenda Item 5 Page 21 Item #5 Vistacor Partners, L.L.c. Change of Zoning District Classification Northeast intersection of Dam Neck Road and Princess Anne Road District 7 Princess Anne July 12,2006 REGULAR Joseph Strange: The next item is item 5, Vistacor Partners, L.L.c. Application of Vistacor Partners, L.L.c. for a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts to Conditional B-2 Community Business District on property located at the northeast intersection of Dam Neck Road and Princess Anne Road, District 7, Princess Anne, with 21 proffers. Barry Knight: Mr. Nutter? = R.J. Nutter: Thank you very much. It is a pleasure being here. For the record, my name is R.J. Nutter. I'm an attorney, representing the applicant Vistacor. As you know, you have been briefed on this application on more than one occasion, including this morning by your staff. There are a couple of things that I would like to point out to you on this application that Mr. Scott elaborated on great length this morning, but I would like to touch on it some more. First, is that this property is currently zoned Agricultural. The point of this story is that if there is anything certain about it is that the current zoning of this property is really out of keeping with what is currently in this area. I would suggest to you that rezoning this property from Agricultural is now in order. As Mr. Scott pointed out to you, we have had the expansion of ODD. We've had the expansion of TCC. We've had the City's Higher Education Center built there. We've had a major facility built by Sentara directly across the intersection, which is under construction, and which will employ over 4,000 people. This property is segregated from other properties, surrounded by residential, office, City uses, and so forth. I would suggest to you an inappropriate site for agricultural zoning in its current context. The second thing that I would like to point out to you about this application is that we take for granted, and I did myself until last night, and that is that one piece of property. It is not. This application represents three years of work to assemble eight parcels and a large number of property owners. Mr. Scott pointed out to you earlier this morning that there have been prior applications for this property, and in fact, he is partially correct. There have been prior applications for portion of this property. There has never been an instance where this property has been accumulated in one piece. That is very significant. One of the very things your Comprehensive Plan calls for at this site is to try to accumulate these properties so they can be developed in a beautiful fashion and not a haphazard fashion. It is also significant, because if they were developed individually, you would have any number of access points by-right allowed on both Princess Anne and Dam Neck Road. Item #5 Vistacor Partners, L.L.c. Page 2 This application has attempted to deal with those. So, beyond all the beauty of the application, all the issues you are going to hear about today, I just didn't want you to forget those two points. The zoning of this property is really appropriate today. The assemblage of this property is in itself a significant event that we should take full advantage of through this application, and finally, on to the developer. This developer, Vistacor, actually is a combination of partners. Many of them are Virginia Beach, but the major developer in this is Goodman & Company. Goodman & Company is new to Virginia Beach. They are based in West Palm Beach, Florida. They have a stellar reputation. They have over 20 million square feet of retail properties currently owned by them today. Their owners are some of the original founders of the ICSE Program, and the closest project they have to this in Virginia, is a project they built called Jefferson Common Shopping Center, in the City of Newport News, which has been well received. I am going to pass out a letter from the City of Newport News - if I could, Mr. Livas, I will start with you and pass it around -- highlighting the quality and how well it has been received. It's a strong tax based incentive for the city, and most importantly, how Goodman & Company delivered on every single promise that they made to the city. I think it is important to know whom you are dealing with. Thank you. Those are some of the things that I would like to comment on at the beginning. Let me tell you some of the cooperation we've had on this application, because I'm afraid that the opposition is really opposition, in my opinion, for all the worst reasons rather than all the right reasons. I = think it is important that you look at whom we have worked with. First, it is the U.S. Navy. As Mr. Scott pointed out to you, one of the incidents or one ofthe events affecting this property, and not just this property, but the property across the street, with the JLUS Study, and in large measure, as you know the Comprehensive Plan of this property, and other properties throughout the entire city, along with the entire zoning ordinance of this city had to be modified to affect the changes resulting from that JLUS Study, and in part by the BRAC group. I'll be happy to tell you that the U.S. Navy has looked at a full set of plans that were shown. They are in full support, as much as the Navy can be in support. By that, I mean they have indicated in writing that is fully compatible with the guidelines, and they have no objection to it whatsoever. That, for a major piece of property in the Interfacility zone is no small matter, as well, and for those who are interested in maintaining a good strong relationship with the U.S. Navy. Finally, we have worked in close cooperation with the adjacent neighborhood. This case is an accumulation of neighborhoods, the Landstown Civic Association. It is a number of neighborhoods. Over 952 homes in those residential areas. We have worked with them for over six months. I am happy to say that their president, Nick Siewers, is here, and he is going to speak to you shortly. Several of his residents are here with him as well. They are in full support of this application. In addition to that, and perhaps and no disrespect to the Navy or the civic league, we have worked in close cooperation with Mr. Scott, even to the point of being vilified for having done so. But I would tell you that in this process, we have worked very closely with Bob to make sure that the Comprehensive Plan guidelines were met. I can guarantee you that this would not be on your agenda if those guidelines were not met. He would have recommended that. We wouldn't have put it on. We wouldn't be here if that were the case. There may be disagreement, and I respect the fact that there = Item #5 Vistacor Partners, L.L.e. Page 3 could be a disagreement of anything. Lord knows that is what lawyers do. However, sooner or later somebody has to make a decision, and that is why the Planning Department is there, to guide us. They are the authors of the Comprehensive Plan, not myself. They are the interpreters of the Comprehensive Plan, not myself. We all vote on that, and I recognize that. I'm asking you to confirm the conformance with that plan by your vote today. So, I also want to thank him, because we've had a number of changes as a result of this application based on Bob's input, based on the input from the Navy, and based on the input from the residents. What you see is not a plan that we have proposed - -take it or leave it. What you see is a plan that has been an accumulation of the Navy, the neighbors, and the City's own departments. We have met with the major players in the corridor including Sentara, ODU, and TCe. All of them have said they like this application. They are happy to see it go forward, and they were anxious to make sure that we got approved. Having said all those things, with the big picture, I want to turn now to the application itself, if I could, and point out the factors and try to address some of the questions you raised in your session this morning. As you know, this is a fully proffered application. All of the things that we have shown you and that you have in the books there before you are fully proffered, laid out for you in elaborate detail. So there will be no change in those unless we have to come back to you all. Let me tell you some of the highlights of this application that are completely unique to a commercial development of this nature in Virginia Beach. Bob asked us to make sure that several things occurred. First, he said, I want a dynamic feature here at this intersection. It is a major intersection as he indicated, eight lanes and six lanes. I want a dynamic water feature. I want it open. I want it inviting. I want it lifestyle. I want to visibly see through this site. I want to be able to have something exciting and destination-oriented at this location. He pointed out to us that cars going by this site go to the amphitheatre. They go to the Sportsplex site. They will be going to Sentara's site. They will be going to points further west, and of course, not to mention the fact they would be going to the entire Municipal Center right down the road. So, it has to be a dynamic entranceway. The second thing that Bob asked us to do was to consider putting the buildings up against the right-of-way. I know, Mr. Waller, that this is an issue with you. I respect your opinion very much, as you know. One of the features, quite frankly is to comply with the Comprehensive Plan so you do not have a sea of parking down here. By the way, it is also very expensive to do, because now instead of one side of a building to dress up, you've got four sides of the building you have to dress up. It is four times as expensive to address that kind of use, as it is another type of use. By the way, the buildings are here. I'll address this in just a second for you. The same is true along here. The other things that staff is pointing out is that it also results in having much smaller, again, more community oriented, more pedestrian- oriented parking fields. You don't have the long parking field like you do in many retail centers. In addition to the shorter field, we have four separate pedestrian walkways here, here, here, and here. These are all elevated. They are pavers. They are landscaped. Very inviting so that the public can easily walk. Ed Weeden: RJ., you have about 45 seconds left. Item #5 Vistacor Partners, L.L.c. Page 4 RJ. Nutter: You might have to give us a little discretion today. Mr. Weeden, I appreciate that, and I know you follow that more than anybody in the whole City. But having said that, we provided all those features for you. Finally, Mr. Scott asked us, and asked us 75 percent of the time on this item, about the design and architecture of this structure. We have designed them, and staff has helped us. We thumbed through five different designers for this. What I found, and Mr. Henley, I have a hard appreciation for heavy colonial architecture, and we're not going to find anything like this. We went through five different designs, and I will tell you that there wasn't a person in the ring who could gear up in any situation. What we did find was this -- this was a transitional site that had colonial features to the south of us and more contemporary features to the north of us. Barry Knight: Mr. Nutter? R.J. Nutter: Yes sir. Barry Knight: You are out of time, but Ms. Katsias said she would sponsor you for another couple of minutes. RJ. Nutter: Thank you. I will just try to address as much as I can in a short period of = time if I could. But I would note the architecture is fully pointed out in your books. A couple of things to point out, because I know Mr. Waller, Mr. Knight, and Mr. Henley you all asked this question. If you're going to put the buildings up against the back we have to make sure they look really good. Unfortunately, we only have one of the elevations on the Powerpoint. This is the back of one of the buildings. There is another elevation in your booklet. It is on Page 4 if you have your booklet that depicts the backs ofthese buildings along these roadways and with long berming structures. Now, I want to point out to you that we have the full three-dimensional route structures, varying height designs, full detail, which is very expensive to do. We've also added brick and stone features across the back of those features as well, even though in a large measure, they won't be visible. Mr. Knight, you asked about the berm system along Princess Anne Road. I will just tell you that we have designed this so that you won't be able to see anything but the tops of those buildings. Right now, the design is about 6 to 7 feet of height of those berm and that is not including the landscaping that goes on top 0 fit. I believe you have the exhibits, Stephen, that shows the berming, if I could. Thank you. They are designed, and we are proffered to do it by the way, so that the visibility of the person in the car is 3Yz feet. That is where the visibility line is, and most cars are about 4Yz feet tall. That doesn't include Mr. Knight's truck, but I point out to him that doesn't include his helicopter either, so he is going to see it.one way or the other. But it does include a majority of vehicles driving down here, so this is going to be 6 or 7 feet, but you are only going to see the tops of these buildings and not the bottoms. Nonetheless, we are still adding the details across the top and the landscaping. So, again it is designed to hide the parking, make it internally oriented. That is expensive, especially to do these treatments of the buildings like that. You can see there is one row of parking for Item #5 Vistacor Partners, L.L.c. Page 5 employees along the back. Those will be completely hidden by the berrning system. So as you are driving down Princess Anne Road, that is what you will see and not the buildings, which puts all the parking on the inside, and that is what we intended to do Mr. Waller. I'm just trying to address your concern. We have a lot of things in here. We haven't even touched upon traffic. But I did want to tell you that our signage is laid out in the process as well. One thing about the office? We have, and Mr. Scott has specifically addressed this question. I'm trying not to talk to fast but I'm trying to get it all in. Ed Weeden: RJ., You are out oftime. RJ. Nutter: I know. Barry Knight: Mr. Nutter? I will ask you about the offices. RJ. Nutter: Would you mind? Thank you Mr. Knight. It is a question that Mr. Scott raised. The office, as you know, first, the Comprehensive Plan does not require this being a mixed used development at all. This could be all retail. It could be all office. It could be all industrial in some degree. But, what I'm pointing out to you is that what we've done is that we've proffered 40,000 square feet of office. We have proffered the location = of about 20,000 to 25,000 square of that office right here. We show the depictions of how that will be placed. This south parcel, right now, is that we were able to zone by a separate owner. We do not have full control of this parcel. Weare swapping land with this individual. He retains ownership, so I don't have the ability to tell you what is going to be on that piece. It is going to be zoned commercial. I can tell you that he agreed to comply by the architectural features and the landscape features across the front because we have to give additional land back to make sure that could be done. This parcel is APZ-2Iand. This line runs along here. We've agreed with the Navy that we would comply with the APZ-2 guidelines and the table of compatible uses in 1804 of the Zoning Ordinance. So as a result of that, office in this was a difficult siting. Some types of offices are allowed and other types of office are not under Navy regulations, which make marketing and finance of this site a little bit more difficult. With the other area that we were looking at the office for, in fact, we promised the City and the neighborhood we would do this right in this area right here. This is a portion of the property that we are acquiring. This parcel right now is owned by the City of Virginia Beach. The City has asked us to take a look at a road from Winterberry, which is the entrance way into the neighborhood, run it in to the center so that it would be accessed out to this light for residents to that neighborhood. We have discussed that with the residents of that neighborhood. They understand that. They are in support of that idea. In the process of that, we told them that we would rather then use this for road that we would convert in these, in this area to office uses. So this will be the secondary office location in the event that we don't or that does not happen for whatever reason, the City decides that it doesn't want to do that, then we are committed to add another 15,000 square foot of office, in which case it would probably be in line office space. Now, I would tell you that this is Item #5 Vistacor Partners, L.L.C. Page 6 their preference. This is what the neighborhood wants. We know that the City wants this. The City acquired this property only recently. So, when it did so it was to prevent a commercial use of the property to a 7 -Eleven type of operation. So they don't want that type of use there. We don't want that type of use there. We can put an office use right here. It might even be a little bit larger than 15,000 square feet. But I would tell you that the Comprehensive Plan does not require a mixed use at this location. This site is uniquely suited for that, and the other important part of this is the availability of other office space in and around this area, which Mr. Scott touched upon today. The City has across the street, and it is wise to recognize that those uses across the street are currently in use for existing city services. However, I would submit to you that even though the ULI Studies are completed and approved by the City just recently, I should say recently paid for the by the City, that just a few weeks ago recommended the relation of this very facility out to points further west of the intersection. So the history of the Farmers Market is always going to be an issue. But I will tell you that there is available land for additional office expansion. In addition to that, the City's Public Utilities facility is there on almost 25 acres, representing additional office expansion there. Finally, I will tell you that Sentara has over 15 acres that have not been fully planned as part of its first phase. There are 15 acres there. Finally, I point out to you that across the street, this is also in the Interfacility zone, where residential has been largely limited. Thus, there also is an enormous amount of land available for office use. Why is that important? Because quite = frankly this use can help generate and spur additional office development in this area, and this is a use that is missing in the corridor, and it is the only major use for business in the corridor. I will give you a good example of that. Lynnhaven Parkway. When the City developed Lynnhaven Parkway for the Development Authority, do you know the first anchor used? Lynnhaven Mall. It is a great success story for the city. It is a great use. It is a great generator of jobs. This will be the same, but I don't want to mislead you that retail and nice retail like this plays a big factor in helping generate these very jobs and uses. Barry Knight: Thank you Mr. Nutter. Are there any other questions for Mr. Nutter? Mr. Crabtree? Eugene Crabtree: I got just one thing that I want to get in for the record. You and I have already discussed. R.J. Nutter: Oh, yes sir. Please. Eugene Crabtree: That is you and the developer, I believe are in accordance to building bicycle lockers in this area that are nice and suitable to encourage more pedestrian andtbicycle friendly use. Am I correct? R.J. Nutter: We are looking at this. Yes sir. We have no problem with that at all. As a matter of fact, you gave us a website to try and find one. Item #5 Vistacor Partners, L.L.c. Page 7 Eugene Crabtree: I just wanted to get it into the record. RJ. Nutter: I understand that. I would also point out to you that the sidewalks that we are putting along are eight feet wide at the perimeter. The interior sidewalks, by the way, for bike purposes, are 12 feet wide. So, these are not narrow areas left alone. Barry Knight: Are there any other questions for Mr. Nutter at this time? Thank you sir. RJ. Nutter: Yes sir. Thank you. Joseph Strange: Speaking in support we have Nick Siewers. Nick Siewers: Good afternoon. I'm Nick Siewers. I'm the new president of the civic league. And what I wanted to say was just a couple of things, which I promise not to go over the time. Anyway, basically I got involved back in February both on the support and the opposing side. Both sides. The opposition said what their concerns were. John and RJ., they chose what they showed you. There have been a few changes. It looked very good. The opposing side sounded like a little bit of competition, which had to do with Red Mill. But in April, which is when we had our fIrst general meeting, and after we met with both sides, and we put out our newsletter on what was exactly going on here. This is = your chance to speak up. Come on out. Well, some folks showed, and RJ. Nutter, John Dow, and John Richardson were there. They both spoke from both sides. There were a few concerns that came up after that, and shortly after that, I met with RJ. Nutter and John Dow just to get a little bit more background information, and to talk to them about our concerns. Some of the concerns were the lighting and where it was going and even the traffic. Those were some of the big concerns. How we would be affected. What would our neighborhood look like afterwards? So anyway, that was in April. In June, which we are right in the middle of our next membership drive, and I am now officially the president. But anyway, I received an emai1 from a public relations fIrm trying to stir things up, which I was just lucky to get that email. I made a couple of calls. I met with John Dow, as well as with the public relations firm, and kind of got a little bit more insight of what was going on, what their real concerns were, and again it looks like a competition issue. So, we had our meeting. And just Monday of this week, we had our last general meeting again, they were represented, and that would be John Dow and RJ., just to make sure that the neighborhood knew what was going on. They answered their questions, and the bottom line is that the community is looking very fully into this. There might be a handful that are opposed, but overall, I haven't received a flood of emails saying, "Hey, we need to shut this thing down", if we can. But anyway, it looks like something that is going to be very welcoming, and not just for the community, but really the city. It is a beautiful development. I'm looking forward to it. Barry Knight: Thank you Mr. Siewers. Are there any questions? Thank you sir. Joseph Strange: Speaking in opposition we have John Richardson. Item #5 Vistacor Partners, L.L.c. Page 8 John Richardson: Thank you Mr. Strange. Barry Knight: Welcome John. John Richardson: My name is John Richardson, for the record. I'm a local attorney, and I represent Armada Hoffler Developer. I represent Commercial Real Estate Services, Ellis Gibson Development, Lakeside Construction Company, David Kellam, who believed this property probably should be rezoned to commercial. It is zoned Agriculture, and of course, this Board and Council, there is no duty upon you to recommend it be rezoned. We believe that this property is zoned Agricultural, and people can do what they did with it for the past many years. Is that a purview at this point? Probably not. That is not what the Comprehensive Plan envisioned. The competition issue which was raised by Nick Siewers has been raised with us a number of times as we have looked at this application as it has progressed. It is not a matter of competition. It is a a matter of people to play by the same rules we had to play by when we developed Red Mill and we developed the Harris Teeter Shopping Center not too far from here. That Harris Teeter store is the most expensive store in the chain, because we have to follow the City's rules and regulations. We do not believe this development does that, and therefore, at the end of this presentation, we ask that the matter be deferred with the applicant's consent to go back to the drawing board and try to bring this application to where it should be in = accordance with the Comprehensive Plan, or that you deny it. If I may, I would like to pass out a copy of the Comprehensive Plan, which you may have in your package, but I'm going to quote you a couple of lines. Mr. Livas. There is also a letter from the Comprehensive Planning staff of March 7th of this year concerning this plan. The change you see before you was an extraordinary effort on behalf of Mr. Scott and his staff. When BRAC came along the City scrambled to comply with the BRAC order. The city did so, and as I say, I think Mr. Scott and his staff moved mountains to try to achieve that; so, the City modified the Comprehensive Plan. On December 20 of last year, the City Council adopted the modifications. If I could direct your attention to Page 20, this is Sub-Area 1. The requirements are this. Significant, well programmed, and landscaped open space. If you look there, you will see a BMP, a mandatory pond. They are required for stormwater purposes, a fountain, and another small pond to the left. I will take issue of this not being received. Maybe it is a great lake for parking, but it is a parking lot surrounding a big box shopping center in the right hand corner of this almost 20,000 square foot shopping center. The next item calls for reverse frontage. On Page 20, reverse frontage means that you have the storefront facing the street. You have an attractive presentation to the Streetscape, and you have an interior communication for shoppers and parking, so it is all hidden. It is the way Shore Pond was done in Richmond. It is very attractive. It goes on to say that a significant specialty shops so forth and so on rather than the typical single large commercial structures served by a large and relative unbroken parking lot framed auto dependent single use out parcels. If you take out that small plaza in the front left corner, which is about 3 or 4 acres of the project, what you have is a typical big box shopping center left, and that is what we think is not appropriate for this development. If you take that front left corner and multiply that about 5 times, you have a very, very Item #5 Vistacor Partners, L.L.C. Page 9 attractive, very commercial development that would meet the city's Comprehensive Plan, and that is all that we ask. If you note on Page 21, Item 3B, you will see that the interior streets and other areas should have chambered parking. Chamber parking means you have divided parking with curbs being between so you can't take a car and drive through one of the parking areas like you can do at Lynnhaven Mall. I believe that is what you can do here. There is no chambered parking. Twenty percent of the Sub-Area B attractively landscaped open space. That will be about eleven acres. The only open space is the pond, so if you get a latte Starbucks, I don't know what you will be able to use that pond to sit and drink your latte, which would be with your back facing units, the garbage dumpsters, and then the liquor areas in the back. It is not going to be attractive open space area. This is not the open area that they want you to accept. When the plan was reviewed in March of this year, the staff already submitted that the proposed development has not been designed in accordance with the land use policies outlined in the Comprehensive Plan. It is recommended that large commercial structures and expansion of parking be redesigned to incorporate all pedestrian scale development, which we are asking you to consider today. And again, we need to send them back to the drawing board, or deny this application. Bill Cashman is here. He was with Langley McDonald many years ago when Dam Neck Road was designed. He is now with URS Corporation, which is a 29,000 employee international company. He is the manager of a branch in Richmond. He has looked at the V AB Study of the applicant, and I ask that he comment = on the traffic issues, which we think are very, very critical to this application. Mr. Cashman ? Barry Knight: We1come sir. Bill Cashman: Good afternoon. Bill Cashman with URS, 5540 Fountain Street in Richmond, Virginia. I would like to talk about the impact of the proposed development on the flow of traffic on Dam Neck Road. This is sort of a brainy exhibit, but it is a blow-up of the Master Transportation Plan, and in red, I show Dam Neck Road going from General Booth, and it actually goes farther all the way over to Indian River. Essentially by plan, Dam Neck is the arterial going east/west across this part of the city. The City is expanding that. It is one of their projects to add the extension of Dam Neck Road beyond the amphitheater over to Indian River Road to complete it. So the City is putting money into this roadway. In addition, and you mentioned my time with Langley McDonald, we were involved in the design of Dam Neck Road as a City project, City funds from Holland over just close to General Booth. That road was designed so that it would operate efficiently as traffic and access came in. People drive along that road, and they wonder why they see turn lanes here and there. In the design, we put the turn lanes there so that when signals came in there would be adequate spacing so that traffic progression could be maintained along in both directions during the peak periods. In other words, it was designed to operate efficiently. We come now to the proposal that is befor.e you. It includes a traffic signal at Landstown Court, which is only 850 apart from Princess Anne Road, and generally to maintain progression and City traffic engineering will tell you this, you want spacing of a signal to be about 1,200 feet. The 850 foot means Item #5 Vistacor Partners, L.L.C. Page 10 there is some exception to this, and we looked at the numbers. Traffic has told you that they think they can maintain progression in there, and whether I agree with that or not, we'll take that at their word. In their word they add though in the review letter in April, they also state that they can maintain progression provided that South Rosemont remains a three-way intersection, which means there will be no access coming from the south. We look at the application. We say that we accept that analysis that you can make this work with this being a three-way intersection. So, that creates a need. This rezoning essentially creates a need for that to stay a three-way intersection. We do not see any proffer that will ensure that will stay that way. And without something to insure that we must assume that will become a four-way. When we analyze a four-way, the system ,crashes. This intersection does not work well and the queue of vehicles coming westbound on Dam Neck backs up about 15 to 20 vehicles deep in the p.m. peak. So what we suggest, and going back to staffs review letter, is that for this to achieve the purpose that staff said, which is it can be maintained progression, but it must be a three- way. We suggested that the proffer should consider including a no ingress/egress easement along the south side of Rosemont Road on that approach to Dam Neck, and that way, if we stay a three-way intersection and achieve the combination of purposes that staff suggests in their review letter. Without that, as I said, there will be concerns with the progression of traffic, and essentially to accommodate this then you must say that there will be a cost to the public in terms of additional delay. Thank you. = Barry Knight: Are there any questions of Mr. Richardson? Mr. Richardson, you have a few more seconds left. John Richardson: No sir. Just as we've said, we don't think this application meets any of the requirements in the Comprehensive Plan. We simply ask that the matter of the application be denied or the applicant accepts a deferral and goes back to the drawing board and make this a true "Main Street" type of shopping center that would be a very attractive use here. Barry Knight: Ms. Wood. Dorothy Wood: John, you mentioned that you represented Amada Hoffler. Mr. Dodd, who was with Armada Hoffler, talked to me, I guess at a meeting, and he told me that as long as it was high quality, he did not object to this. John Richardson: He was the President of Armada Hoffler. Dorothy Wood: Not Mr. Dodd. John Richardson: No ma'am. Dorothy Wood: Thank you. Item #5 Vistacor Partners, L.L.c. Page 11 Barry Knight: Are there any other questions? Mr. Waller? John Waller: I got a concern. I've heard back and forth that this does comply with the Comprehensive Plan, and the other says it doesn't. I know that the City Council has given us a lot of flack because we haven't run along with the Comprehensive Plan. Does this or does it not comply? John Richardson: Mr. Waller. I am going to take a leap into Mr. Scott's book, and he said it's kind of like the Supreme Court, that you can interpret it, and quoting my "worthy opponent", lawyers can argue about what time of day it is looking at the clock. But, I think if you look at what I quoted from the Comprehensive Plan on pages 20 and 21, there is not chambered parking. There is not 20 percent of pedestrian friendly open space in this area. It is a pond, a walk in the pond. You got a big box, 500,000 square foot shopping center, and not the "Main Street" style shopping center that the Comprehensive Plan seemed to envision. Prior to BRAC, this was all residential. BRAC made that go away. So, legitimately, it should be a commercial enterprise. But as it is couched now, you simply have another big box store, a 500,000 square foot big box shopping center, with a pretty front. Not the "Main Street" type of development that seemed to be contemplated by the plan, as we read it. = Barry Knight: Are there other questions of Mr. Richardson? Mr. Bernas. Jay Bernas: I got a question for Mr. Cashman. Barry Knight: Mr. Cashman. John Richardson: Bill. Jay Bernas: Based on your analysis of the Traffic Impact Study, the only deficiency you saw was a no egress/ingress for Rosemont to stay three-way. That was your only conclusion based on the deficiency? Bill Cashman: That was the principal conclusion. Yes. Jay Bernas: But everything else you agree with? Bill Cashman: Everything else looks like it was conducted in accordance with the standard practice. I did not take issue with it. We have, I think, as Mr. Lowman and I both had, some interpretive differences, but I think basically that is the main concern -- the progression of traffic on Dam Neck essentially comes to a screeching halt here if Rosemont becomes a four-way intersection. Jay Bernas: Thank you. Item #5 Vistacor Partners, L.L.c. Page 12 Barry Knight: Are there any other questions? Mr. AI Henley? AI Henley: Not a question. Just a comment, and Twill reiterate what my comments were at the informal session, I just think to remember when in 1980, when Dam Neck Road was built, and I was employed with the City of Virginia Beach at the time, and involved in the ultimate construction for 38 years in the city. So, I'm real familiar with the moving of traffic. And, I'm a stickler on traffic, and I think every application that comes up here, I have a comment on traffic. Dam Neck Road is going to be relief roadway from east to west and vice versa, and if we put these additional traffic control devices, stop lights at this particular intersection, I believe it is going to hamper adequate movement of traffic in years to come. Once in, it becomes difficult to remove. That is one thing that sits in my crawl today. I really don't like it in this project, along with some of the other comments that I made earlier. I think, overall, the zoning for this is great. The architecture, I can live with, but that's minor compared to some of the, and I'm talking about, and we have over 400,000 people in the City of Virginia Beach right now, and everyday you don't hear any positive comments on traffic flow. Everything is gridlock, and I think this is another gridlock. Thank you. Barry Knight: Are there any other questions or comments? Thank you sir. Mr. Strange? = Joseph Strange: There are no other speakers. Barry Knight: Mr. Nutter? RJ. Nutter: I appreciate the opportunity. A couple of things that I would like to point out to you about the presentation, and it probably boils down to the three points that he made, and that I would like to address. First, that it doesn't comply with the Comprehensive Plan. Well, I think your staff has already told that it does. That is the most important thing that I can tell you about that. It is the best evidence that it does comply, and is known very well to this Commission. If not, I will be happy to remind you. The opposition to this case is solely competition. Please make no bones about that. If you think this is about an admirable attempt to try to save the city from the Comprehensive Plan amendment somewhere, we are all misleading ourselves. This is about competition, pure and simple. The best evidence it does comply with the Comprehensive Plan is because the opposition went through extraordinary historic measures to try and change the Comprehensive Plan before we got here. So if there some concern that it doesn't comply with the Comprehensive Plan, why would they go to Council? Why would they come to Planning Commission? Why would they go to the City Manager and City Attorney to try and get the Comprehensive Plan changed? The best evidence that it does comply are their own actions. Notwithstanding that, you have a professional and responsible Planning Director, and'he is well known not to just say what he wants to get by here. Bob is well known for his well thought out views that he's looked at carefully. So, first of all it does comply with the Comprehensive Plan. Second, they want to play by the same rules. Well my concern for that is that we can look at Red Mill. Red Mill, and Item #5 Vistacor Partners, L.L.c. Page 13 these are very nice. They operate well. They're doing well, and I invite them to compete with us on that fair stage and not on a political stage. Red Mill was zoned, as you know, over 30 years ago. It was supposed to be a racetrack. It is unconditional B-2. So, if you want to play by the rules, come in and submit a conditional application for the rest of your B-2. We'll play by the rules. They have an unconditional B-2, and they developed it by- right. They never had to come to this Commission for approval. Second, is the Harris Teeter Shopping Center. It is a great shopping center. My point to you there is that was not in compliance with the Comprehensive Plan. Your staff will tell you that. That was not done that way either. It is a beautiful store. It is a beautiful location. But play by the same rules we will. Most important is traffic. Let me tell you why, and I am a big fan of Bill Cashman, but let me tell you why. With the premise to his concern is not applicable in this case. Jan, I know you're a big proponent of looking at the details with traffic issues. Let me tell you why I disagree with his assessment. I shouldn't say. Why the concern he raises, in my opinion is purely hypothetical. It is likely to never occur. Jay Bernas: I'll sponsor. R.J. Nutter: Thank you. Let me tell you why. Right now, Rosemont Road, which is right up here, is a three-way intersection. The reason it is three-way is that it was planned, as you know, to be a full intersection. There are two reasons why this scenario Mr. = Cashman raised cannot occur, and the first is, by the way, there is only one parcel left out there for development. It's a small parcel. It is completely in the APZ-2 zone. It is impacted by APZ-2 zone. It is also impacted by the 100-foot wide utility easement. The development of that property is not going to generate a large amount of usage. So, what they're talking about, the full intersection was intended to come down all the way down here like it was meant to be. First of all, if anyone was to develop this one piece of property, they would by the same ordinances, as we live by, have to control the traffic generated by that development just like we did. So that can't happen for that reason. But I will tell you the other reason it can't happen. Council voted, because this neighborhood went in mass to Council, to oppose the extension of Rosemont Road. That has been permanently cut off as a result of the hard work of the civic league behind us. In fact, they want to make sure that we didn't even come close to their bike path, which now runs up that area. So, Council has voted not to extend Rosemont Road, number one; number two, if development does occur in there, they have to comply and meet the same criteria that we would have to comply, which they are going to manage that issue. What Bill didn't tell you is that we're putting in almost 4 million dollars in public road improvements and dedications to make this work. This is not just us adding a light. So, I will tell you the scenario that Mr. Cashman raised could not occur for the two reasons that I've indicated to you. Other than that, that is their major concern. Your staff has told you this is fully acceptable. They have no problem whether this could work. So, I'm trying to get you to not go off on a cloud. Yes. Rosemont Road might be rebuilt if they tear out the whole neighborhood. Y es. We might decide to cut off Princess Anne Road from the rest of the courthouse. Not likely to occur. Possibilities nonetheless, but I think what we brought to you is an application that addresses the realities, and I would represent it does Item #5 Vistacor Partners, L.L.c. Page 14 the same. So, as a result, we ask for your support in this application. Mr. Scott, I want to thank you personally. You have been wonderful to deal with, and to our applicant who is out of town who had to face opposition that we've never seen before. So, we appreciate it and we would like your support. Thank you very much. Barry Knight: Are there any questions for Mr. Nutter? Mr. Waller? John Waller: On Dam Neck Road, where is your berm to hide the backside of the brown building? R.J. Nutter: It is along that landscaped area through there. We have the same type of stuff that Dam Neck Road is going to be there. John W aller: You have a lot of space there. RJ. Nutter: Yes sir. We don't have as much there, but we can accomplish the same purpose. I can tell you right now, that the staff will make us meet that criteria. John Waller: Are you going to move the buildings in? = RJ. Nutter: We'll have to size that berm and landscaping to shield the back ofthose buildings. John Waller: My other question is on the two buildings. Are they shops on the front and the back or is there parking? Where is the berm that protects the back of that building or do we have a berm or is that back of the building? RJ. Nutter: This is the back of the building here. The berm runs along Princess Anne Road here. So, this building, it actually is dressed up a little bit more than these guys, but there is no berm. John Waller: So the berm is not going to hide the back of the building? R.J. Nutter: It shields a lot of it, but in this, you're going to want to see. Can I show the back of the building? This is the back of the building. We show this to you to show you that it shows several features. One, you don't see loading docks. These are all individual single-access doors and they are for fire purposes. They are not loading doors. You have brick along the base. We have stone columns. We have articulation along here. We have cornice work across the top, and we have two different height elevations along the full length. John Waller: Where do you collect your trash from? Item #5 Vistacor Partners, L.L.c. Page 15 RJ. Nutter: Trash is fully enclosed in cubicles, and most of them are in the inside of many of these shops. Where we do have dumpsters, we have to fully enclose them on three sides. It is a center for commercial. This is a commercial center. I don't want to mislead you. But, by the same token, we are hiding more here than we have anywhere else in the city. John Waller: I'm not opposed to the shopping center. I'm just opposed to what you're to going put there. Like everyone has said, that is going to be a main intersection -- probably one of the most used in the city. I just have a real problem looking at the back of those buildings. RJ. Nutter: These you won't see along here. These you will see a little bit. You will have berm here as well. I drive down Interstate 264 all the time. You might remember when we did the Carmax application. We came in with a six-foot high fence along the interstate that hides the cars in the rear. We found out that if we made that fence and lower it to four feet it, would block the height of the building, which was several hundred feet the distance. They had a graphic just like we do to show that. I showed it you. It looked surreal to me. I kind of held my breath to see what was going to happen when they put in that four-foot high wall. And sure enough, if you drive there today, you will only see the top of the Carmax building, even though that wall is four feet high from that right- = of-way. I will tell you that a six foot berm structure has a much bigger effect on properties behind it than you might think. That is the best evidence that I can give. I know I held my breath for that application, to see what really was going to happen, but it really came out okay. I think you are going to be very pleased with this. Newport News wouldn't have written a letter. We told them what was going on. John Waller: It is very similar to what they did. You got a lot of back doors. RJ. Nutter: They didn't have the criteria that we did.. They have a traditional center with more outparcels in the front. We didn't have that issue. We dealt with that issue. We only have few outparcels that we've shown you. We put the parking internally. They didn't have to do that. They did it more traditionally. They made the parking visible from the right-of-ways. So frankly, we addressed these issues. That is the best answer that I can give you. I can tell you this -- that there isn't a single center, including the two that are concerned about this, that meet this criteria, even though they are very nice centers, and they done their own way of architecture controls and landscape. Nothing to be taken away from them, this is new. This is the fIrst that has been done. Barry Knight: Mr. Crabtree has a question for you. NO. Are there any other questions for Mr. Nutter? Thank you sir. RJ. Nutter: Yes sir Mr. Knight. Barry Knight: We'll open it up for discussion. Mr. Crabtree? Item #5 Vistacor Partners, L.L.c. Page 16 Eugene Crabtree: What I wanted to say, and I think Mr. Scott said it this morning in our brief, this center here as proposed is going to supply a great need to that corridor that is already developing as a business and industrial part of our city. Education and medical, we got it. It is a great thing, along with the neighborhood that is behind it. There are not many houses out there. I think that is something that is needed. I think it is an appropriate use of that, and since it is in the corridor that has some APZ, and some of the ramifications that we've gone through with BRAC, and the Department of Defense doesn't have any problem with this, it is a good use for this. When time comes, I would like to make a motion that we approve the application as submitted. Barry Knight: Mr. Crabtree. We will accept your motion. Do we have a second? Dorothy Wood: I'll second it. Barry Knight: Ms. Wood has seconded the motion. We will open it back up for discussion now. Mr. Waller? = John Waller: I feel that they need to go back to the drawing board and make that shopping center an attractive center from the street. But, I just have a strong feeling that the backside of the building, on a main thoroughfare, is just not going to fit. When the wintertime comes and the leaves falloff the trees, they are going to see back doors, loading trucks, trash dumpsters. It is just right for that other section. I'm opposed to it. Barry Knight: Thank you Mr. Waller. Mr. Bernas? Jay Bernas: I think that it is a nice application. It is very quality development. I appreciate the fact that Mr. Cashman's only concern was the four-way intersection at Rosemont Road. He is a very well respected traffic engineer, and I think that I feel very satisfied with our City staff, and with Mr. Cashman, that was his only concern. So, I'm satisfied with the recommendations of the traffic impact. So, hopefully that is not an issue. My only real concern is that I would have liked to have seen, and I guess you call it the Lifestyle Center, where you have the walking path and the fountain. That small little area could have been a little bit bigger. I think that is a great feature. I think that is really neat. Essentially, what you have behind it is really the big box. But, I don't think there is anything like this in the city as far as development is concerned. It is very high quality. I appreciate that all the public right-of-way infrastructure that they're putting in. Barry Knight: Thank you Mr. Bernas. Ms. Anderson? Janice Anderson: I just want to address what Mr. Richardson brought up with regard to whether it does comply with the plan or doesn't. I think that everybody spoke to it. You can have two different sides, and they will disagree looking at the same thing. But, I do believe that all, and all the interpretation from the staff that it does comply with the plan is position that I would take. I believe that our staff does a great job on every applicant Item #5 Vistacor Partners, L.L.C. Page 17 that comes in to make sure that they comply, and applicants work with them for long periods of time to make sure that things are changed and that they comply with the plan. So, I don't think one applicant is treated differently than the other. I think that staff does a real good job of making sure that all applicants, when they put their approval on it, has generally complied with the plan; so, that is my comment on that issue Barry Knight: Is there any other discussion? There is a motion on the floor to approve agenda item 5, Vistacor Partners. A motion was made by Gene Crabtree and seconded by Dot Wood. I'll call for the question. AYES ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY = STRANGE AYE WALLER WOOD AYE NAY 2 ABSO ABSENT 1 NAY ABSENT NAY Ed Weeden: By a vote of 8-2, the Board has approved the application of Vista cor Partners, L.L.c. Barry Knight: Thank you. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6470 DATE: August 9, 2006 FROM: Leslie L. Lilley , B. Kay Wilson ~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Vistacor Partners, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 22, 2006. I have reviewed the subject proffer agreements, dated June 30, 2005, and December 1, 2005, and have determined them to be legally sufficient and in proper legal form. A copy of both agreements are attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen / Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 1st day of December, 2005 by and between DORIS M. BROUSSARD, JAMES E. WILLIAMS, EVELYN N. LARKINS, INEZ M. LARRY, ADREAN W. MOODY, AND ALVIN E. WILLIAMS; KATHRYN D. WARD, TRUSTEE FOR ANDERSON JEFFERSON WARD TRUST. SANDRA A. LAHREN, and CITIZENS FINANCIAL SERVICES. FSB, a Federal Savings Bank (coilectively, the "Owners", each of whom are to be indexed as grantors); VISTACOR PARTNERS. LLC, a Virginia limited liability company (the "Purchaser", to be indexed as a grantor), the purchaser of the Property; and the CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee", to be indexed as grantee). WIT N E SSE T H: WHEREAS, Owners own the property located at or near the northeastern corner of the intersection Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). WHEREAS, the Owners and the Purchaser (hereinafter collectively referred to as "Grantor") have entered into one or more agreements providing for Purchaser's acquisition of the Property. WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from AG-1 and AG-2 to Conditional B-2; and GPIN Nos. 1485-91-0006-0000 1485-80-7898-0000 and 1485-90-1501-0000 Page 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- Page 2 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid pro QUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: See Exhibit B Attached Hereto And Made a Part Hereof All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Page 3 Property on the map and that the ordinance 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 that 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 Grantee. IN WITNESS WHEREOF, the undersigned Owners and Grantor execute this Agreement as of the date first written above. [Separate Signature Pages Follow) Page 4 DORIS M. BROUSSARD ~h 4,~ Doris M. Broussard STATE OF V it.-Gt./\ilolt J COUNTY/CITY OF 'V j t2..61 J\lj A- B~f\-( 1:1:-, to-wit: The foregoing instrument was acknowledged before me this I (p ~y of .p~{ "./V'\f\, ~ , 2005, Doris M. Broussard who is personally known to me or has producedpa "5":; J) of2- 1- as identification. a~~ ?~ My Commission Expires: 9/32/ tJC( Notary Public Signature Page Of James E. Williams Page 5 J~;s E. Willia';~ ._--..... STATEOF~6IN )/t ; COUNTY/CITY OF V I 'i,('" I AI) ~ 6'~ At:.t-L, to-wit: The foregoing instrument was acknowledged before me this ll.9tkt of e~(Yl;JGr./y 2005, by James E. Williams who is personally known to me or has produced as identification. (t~([~J rpAo/iL~~~ a My Commission Expires: q /30 I D '1 Notary Public Page 6 Signature Page Of Evelyn N. Larkins a ~ ~ c...v ~ ""L. \1 ) ~""" Evelyn . Larkins STATE OF V i ~ l./'IIPr ; COUNTY/CITY OF '1;0-6 LN J It Be.;rc.H , to-wit: '1'"V~ The foregoing instrument was acknowledged before me this jlY day of --. /h'L ~ 2005, by Evelyn N. Larkins who is personally known to me or has produced -:I CiS~.OO r-. as identification. (~ ~ ," ~ ;, . J 1/ 1 I,-/a~~et,-~h~/r~ My Commission Expires: 9\/.su ( ijel Notary Public Page 7 Signature Page Of Inez M. Larry STATE OF Vi~0\'(~ ; COUNTY/CIT F jf5'i (\ ic'l (~acJr\ , to-wit: The foregoing instrument was acknowledged before me thiJ l.t~y of '" . r, Yh" , 2005, by Inez M. Larry who is personally known to me or has produced Ll Q.' . as identification. ayi~~c 9~~ My Commission Expires: 9)30 { 01 Notary Public Page 8 Signature Page Of Andrean W. Moody ill~~~ .!l/'lt~fU" Adrean W. Moody / ) ~. STATE OF HI) IG, COUNTY/C F" i (1 i'l) I"CI E)Poch , to-wit: v . . The foregoing instrument was acknowledged before me this Jloihy of ])vtP/YVL 'eve- ,2005, by Andrean W. Moody who is personally known to me or has produced Dr I ve/(.5 L! U n ':)--{ as identification. (l r qj .J(ft . l ..' II } ,! !iVj0-/,V \.Y____L / 7 ~/'J~ My Commission Expires: 1/-30 / D cr Notary Public Page 9 Signature Page Of AIvin E. Williams ~ E- d~ Alvin E. Williams STATE OF Yi Yai n ;.0. ; COUNTY/CITY F V /v~ i"lli(l€;eaeJ., ,to-wit: '- . ;;/1r} The foregoing instrument was acknowledged before me this 1. ~y of j)( [D,yt bU'2- , 2005, by Alvin E. Williams who is personally known to me or has produced Dr I. \J err' ~ I ~ i ( 0 f) SR as identification. aIA~~Lu t?~f'/~ My Commission Expires: 9/$ 0 I DC( Notary Public Page 10 Signature Page for Trustees of Anderson Jefferson Ward Trust ~~l 10. >r~ Kathryn D. rd, Trustee for Anderson Jefferson Ward Trust .f) STATE OF U/I~/NJIt COUNTY/CITY OF Ul/:Z~A.///:J ~C/f , to-wit: The foregoing instrument was acknowledged before me this 9d day of b ~ A-c"u , 2005, by Kathryn D. Ward, as Trustee for Anderson Jefferson Ward Trust, on behalf of the Trust. She is personally known to me or has produced as identification. My Commission Expires: /1.:3/ /e { Page 11 Signature Page of Sandra A. Lahren ~a.~~ ~andra A. Lahren STATE OF \j'f5tf\i'ct , COUNTY/CITY OF '~r~t\ta ~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of La::et\\ber , 2005, by Sandra A. Lahren, who is personally known to me or has produced 'BCf'1 ~trtx~ as identification. ~9~ c:r-SMWES K. MOREHEAD My Commission Expires: -JOTARY PUBLIC -c':"',lonwealth of Virginia My ,,'Y ",,: ~"oo E,pi"" Oct, 31, 2006 Page 1 2 Signature Page of Citizens Financial Services, FSB CITIZENS FINANCIAL SERVICES, FSB, a fede savings bank ~ By: Its: Senior Vice President STATE OF INDIANA; COUNTY/CITY OF LAKE, to-wit: The foregoing instrument was acknowledged before me this first day of December, 2005, by Jeffiey C. Stur, as Senior Vice President of Citizens Financial Services, FSB, a federal savings bank, on its behalf He/She is personally known to me or has produced as identification. ~NtQ~-tt~ Notary Pub c My Commission Expires: 1_'~Tt 0 DANA HOLLINGSWORTH .. 0.. Notary Public, State of Indiana < .'- ;.. Lake County .. . , My Commission Expires f. March 06, 2013 j , Page 1 3 Signature Page Of Vistacor Partners, LLC VIST ACOR PARTNERS, LLC, a Virginia limited liability company ~he v- STATEOF \)'\(~\,,\Q.. COUNTY/CITY OF \J\(q\C\',o ~e(.LU\ , to-wit: The foregoing instrument was acknowledged before me this ~ day of b((,t,e<<\n~(' , 2005, by )~~S ~. e..o.(r - , as {'(\{}.~\~ <<'i;l('(\ne:\ of Vistacor Partners, LLC, a Virginia limited liability company, on its behalf. . e/she is personally known to me or has produced ri~\lQ,(~ \~tu'C:f , as identification. My Commission Expires: ~U!1t<\~ 3\, Q.tl()C\ ~j-~~ Notary Public 292037 Page 1 4 EXHIBIT A Parcell: GPIN No. 1485-91-0006-0000 - Owner: Broussard, et al) THAT CERTAIN tract of land in Kempsville Magisterial District, containing 1.20 acres, more or less, fronting on the South side of Landtown Road and more particularly bounded and described as follows: BEGINNING at a point in the South side of the Landtown Road 656.4 feet from the East side of the Court House Road, thence North 62 degrees 24 minutes East along the South side of the Landtown Road 76 feet to a pin; thence turning and running South 26 degrees 56 minutes East 527.0 feet to a pipe in a line ditch; thence turning and running South 4 degrees 13 minutes East along said line ditch 174.0 feet to an angle iron; thence turning and running South 79 degrees 4 minutes West 12.2 feet to an angie iron in another ditch; thence turning and running North 26 degrees 41 minutes West 683.3 feet to the point of BEGINNING on Landtown Road. LESS AND EXCEPT that portion of the property conveyed to the Conunonwealth of Virginia by Deed from Melissa D. Williams, widow, recorded May 29, 1991 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2989, at Page 1472. IT BEING a portion ofthe same property conveyed to George W. Williams by Deed from Arthur C. Hargrove, unmarried, dated September 29, 1945, and recorded October 1, 1945 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 230, at Page 543. The said George W. Williams died intestate September 16, 1987 and pursuant to his List of Heirs recorded in Will Book 97, at Page 1169, his only heir is his wife, Melissa Dora Williams. Affidavit of Melissa D. Williams recorded May 29, 1991 in Deed Book 2989, at Page 1471 states she is the surviving widow of George Washington Williams who died September 16, 1987 without a will. They were married December 23, 1935 and lived together as husband and wife during the entire period until the death of Mr. Williams. During their marriage, they had seven children. The six surviving children are: James Edward Williams, Evelyn W. Larkin, Alvin E. Williams, Inez W. Larry, Doris W. Broussard and Adrean W. Moody. Another son, Johnson P. Williams died June 5, 1988 and left two surviving children, Melissa Williams and Michelle Diggs. The said Melissa Dora Williams died intestate January 10, 1997 and pursuant to her List of Heirs recorded in Will Book 97, at Page 1170, her only heirs are Doris M. Broussard, Evelyn N. Larkin, Inez M. Larry, Adrean W. Moody, Alvin E. Williams and James E. Williams. Page 15 Parcel 2: (GPINNos. 1485-80-7898-0000 and 1485-90-1501-0000 - Owner: Ward et a1) ALL THOSE certain lots, pieces or parcels of land with the improvements thereon lying, situate and being in the City of Virginia Beach, Virginia and designated as Parcel B and Parcel C on the plat entitled "SUBDMSION OF PROPERTY OF DAVIS R. DALBY ET ALS", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 141, at page 32. LESS AND EXCEPT that portion of the property taken by the Commonwealth Transportation Commissioner of Virginia pursuant to Certificate of Take recorded in Deed Book 2986 at page 1998,.with Order recorded in Deed Book 3265, at page 2061. IT BEING the same property in which an undivided one-third interest was conveyed to Anderson J. Ward and Kathryn D. Ward, Trustees for Anderson Jefferson Ward Trust by Deed of Anderson J. Ward, dated February 13, 1998 and recorded August 19, 1998 in Deed Book 3937 at page 1210; and BEING the same property in which an undivided one-third interest was conveyed to Sandra A. Lahren by Deed of Martha C. Austin, widow and unremarried, dated September 20, 1995 and recorded September 28, 1995 in Deed Book 3543 at page 1731; and BEING the same property in which an undivided one-third interest was conveyed to Citizens Financial Services, FSB, a Federal Savings Bank by Deed of Anderson J. Ward a/kIa Anderson Jay Ward, dated September 30,2003 and recorded February 3, 2004 in Instrument Number 200402030019720. Page i6 EXHIBIT B Proffers to be Attached to and made a part of the Proffer Agreement for Landstown Commons Prepared in Connection with the Conditional Rezoning Application of Vistacor Partners, LLC 1. The site layout for the retail buildings, parking areas, drive aisles, storm water retention areas, and other site features of the shopping center shall substantially conform with the Conceptual Site Plan (the "Conceptual Site Plan") shown on Sheet 2 of the Design Handbook for Landstown Commons, dated June 1,2005, and prepared by Wakefield Beasley & Associates (the "Design Handbook"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. The buildings shown and labeled on the Conceptual Site Plan as buildings "LF-1", "LF-2", "LF-3" and "LF-4" (collectively, the "Lifestyle Buildings") and those shown and labeled on the Conceptual Site Plan as buildings "A" through "I", "K" through "V" and "w" through "Z" (collectively, the "Shops and Anchors") shall be designed and constructed as follows: (a) the Lifestyle Buildings shall be constructed in substantial conformity with the elevations for the Lifestyle Buildings shown on Sheets 8 through 13 of the Design Handbook; (b) the Shops and Anchors shall be constructed using multiple building articulations and elevations of the quality and style shown in the elevations for the Shops and Anchors, shown on Sheets 14 through 19 of the Design Handbook; and (c) the Lifestyle Buildings and Shops and Anchors shall be constructed using multiple architectural materials, finishes and colors of the quality and type shown as the Building Finishes on Sheet 20 of t.lJ.e Design Ha..TJ.dbook. 3. The rear portions of the Lifestyle Buildings and Shops and Anchors visible from Princess Anne Road and Dam Neck Road shall be constructed using multiple building articulations and colors, in substantial conformity with Perspective Rendering 2, set forth on Sheet 4 of the Design Handbook. The rear of the Lifestyle Buildings shall be constructed in substantial conformity with the designs depicted in the elevations for the Lifestyle Buildings, shown on Sheets 12 and 13 of the Design Handbook, and the rear of the Shops and Anchors visible from Princess Anne Road and Dam Neck Road shall display design elements and features in substantial conformity with those shown in the elevations for the Shops and Anchors shown on Sheets 18 and 19 of the Design Handbook. Page 17 4. The uses of any portion of the Property located within the "APZ Limit", as shown on the Conceptual Site Plan, shall be limited to those uses deemed compatible with those listed on Table 2 of Section 1804 of the City of Virginia Beach Zoning Ordinance. 5. The primary shopping center identification signs shall be located along Princess Anne Road and Dam Neck Road in the locations shown on the Monument Sign rendering, which appears on Sheet 22 of the Design Handbook, and such signs shall be constructed using materials and designs substantially similar to those shown in the rendering. 6. The outparcels shown and labeled on the Conceptual Plan as "Outparcel1.31AC" and "Outparce1 +/-0.9AC" shall be developed using building designs and architectural materials substantially similar to and compatible with designs and materials used in the remainder of the shopping center in light of the intended use. 7. At the time of completion of all phases of development, Grantor shall have developed 40,000 square feet of space designated for office use upon the Property, which may be located also upon any additional property acquired by Grantor and incorporated into the shopping center. Proffers for Landstown Meadows 8. Grantor shall install a variable width buffer containing a combination of landscaping, benning, and storm water retention facilities reasonably necessary to accomplish a screening effect between Grantor's development and the adjacent residential neighborhood known as "Landstown Meadows", located adjacent to the northeastern boundary of the Property, substantially as shown in the Conceptual Site Plan. 9. The buildings shown and labeled as buildings "A" through "1" on the Conceptual Site Plan shall be set back a distance of at least one hundred ten feet (110') from the northeastern property line of the Property. 10. The rear portions of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be painted neutral, earth-tone colors. 11. All dumpsters located at the rear of the buildings shown and labeled as buildings "A" through "1" on the Conceptual Site Plan shall be enclosed on at least three sides. 12. All site lighting installed along the rear portions of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be directed away from the Landstown Meadows neighborhood and shall be downward-directed and shielded to minimize light seepage into the Landstown Meadows neighborhood. Page 18 13. All deliveries by truck or van to the rear areas of the buildings shown and labeled as buildings "A" through "r' on the Conceptual Site Plan shall occur between the hours of 7:00 a.m. and 10:00 p.m. 14. At the time Grantor installs the stormwater detention facilities shown on the Conceptual Site Plan, Grantor shall install a solid, maintenance-free fence in the landscape buffer located between the shopping center and the residences located along Barberry Lane and the adjacent park. Landscauine: and Pedestrian Imurovements 15. At the time each section or phase of the shopping center is developed, Grantor shall install a combination of landscaping and berming of at least thirty feet (30') in width along Prin~ess Anne Road and at least thirty feet (30') in width along Dam Neck Road, each in substantial conformity with the landscaping shown on the Conceptual Site Plan and the Street Section exhibit set forth on Sheet 7 of the Design Handbook. Notwithstanding the preceding sentence, landscaping along the front of the parcel shown and labeled as "Outparcel +/-0.9AC" on the Conceptual Site Plan shall be a width of no less than fifteen feet (15'). 16. At the time the Lifestyle Buildings are constructed, Grantor shall install a pedestrian plaza in substantial conformity with the Hardscape Plan and Street Furniture Selection shown on Sheet 21 of the Design Handbook and the Conceptual Site Plan. The pedestrian plaza shall include a fountain, flagpole, light fixtures and sidewalk furniture, each in substantial conformity with the Hardscape Plan and Street Furniture Selection. Sidewalks within the pedestrian plaza shall be constructed using stained or stamped concrete, and other pedestrian walkways within the pedestrian plaza shall be constructed using either stained or stamped concrete or asphalt. 17. Grantor shall install pedestrian walkways to provide pedestrian connectivity between the retail buildings, in substantial conformity with the pedestrian walkways shown on the Conceptual Site Plan. Rie:ht of Wav Imurovements 18. Grantor shall be responsible for the installation of any required deceleration lanes, turning lanes, or median improvements for the shopping center, as may be reasonably required or approved by the Director of Planning, or his designee. 19. Grantor shall install traffic signals at the primary entrance to the shopping center along Dam Neck Road and the primary entrance to the shopping center along Princess Anne Road, as may be reasonably required or approved by the Director of Planning, or his designee. 20. All right of way improvements to be installed by Grantor shall be made according to plans prepared in consultation with the Department of Traffic and Engineering and reasonably approved by the Director of Planning or his designee. All right of way improvements to be Page 19 installed by Grantor shall be substantially completed or bonded on or before the date the first building permit is issued by the City for a building to be constructed within the shopping center. 21. Further conditions lawfully imposed by applicable development ordinances 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. VB315299v1 Page 20 Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 30th day of June, 2005 by and between RUSSELL D. GALLUP. JR.. ROBERT V. GALLUP. JACK K. MOULTON, JR., and STEPHANIE MOULTON. husband and wife, ROBERT B. KENDALL and VICKI KENDALL, husband and wife; DAVID S. ITALIANO and TERESSA A. ITALIANO; PRINCESS ANNE CUSTOM DESIGN & CONSTRUCTION. INC.. a Virginia corporation; MAURICE L. FULLER and DORA J. FULLER; and WILLIAM L. WALKE and ERIN WALKE (collectively, the "Owners", to be indexed as grantor), the current owner of that certain property located at or near the northeastern corner of the intersection of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); VISTACOR PARTNERS. LLC. a Virginia limited liability company (the "Purchaser", to be indexed as a grantor), the purchaser of the Property; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee", to be indexed as grantee). WIT N E SSE T H: WHEREAS, Owners own the property located at or near the northeastern comer of the intersection Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). WHEREAS, the Owners and the Purchaser (hereinafter collectively referred to as "Grantor") have entered into one or more agreements providing for Purchaser's acquisition of the Property. GPIN Nos. 1485-90-9486-0000, 1485-91-0167-0000; 1484-99-9748-0000; 1494-09-1664-0000; and 1494-09-2567-0000 Page 1 WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from AG-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the cOIIununity that are not generally applicabie io iand similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of Page 2 ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro qUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: See Exhibit B Attached Hereto And Made a Part Hereof All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 !'-dministrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the Page 3 review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that 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 Grantee. IN WITNESS WHEREOF, the undersigned Owners and Grantor execute this Agreement as of the date first written above. [Separate Signature Pages Follow] Page 4 Signature Page Of Jack K. Moulton, Jr. and Stephanie Moulton ~~ :'11fcri~ Stephan;_~olllton v ~ STATE OF COUNTY , to-wit: ~ The foregoing instrument was acknowledged before me this /1 rI. day of A vewiJJ/ ,2005, by Jack K. Moulton, Jr. and Stephanie Moulton, husband and wife who are personally known to me or has produced dr i V.tr~ /r'atAt.~ as identification. My Commission Expires: ~3t!1 'J.oo'7 t" -,",' ~ " .. r /, ,.:,' SUTp "/ ..~~.'., ~'...........It~. "'-;. ~ r..". , "" . ~'" # ::' ~""o'~' e "'.' ~_ ... ~, . '.: -1(.._ ~ """" ~.~' ' ~..... ..u;< _. ~ ~. 0 .Or -- ~ - ~_ '.U ~.()~ - ..... VIR n. \~~. :.'~ --;.f ..... ,;I' "'. . \iJ .." .\~ , -""".'0 lA'n:i' ~'V.;~. ~II. '. \ \"....... ';;;IIP r" ,\ Page 5 Signature Page Of Robert B. Kendall and Vicki l\4:etlIt8&. ~V\&tt U !? U-IJ,,~C/~ Robert B. Kendall g ~ " STATE OF {l~~ QnT WT..y/c~nll./J..Jl.L/ , to-wit: The foregoing instrument was acknowledged before me this i!J!!' day of IOJ1iJfJ.tv , 2005, by Robert B. Kendall and Vicki Kendall, husband and wife who are personally known to me Q{-D.3S pwdncpti 83 idcl'ltifi~OIT. (I;~ J, tkP~ Notary Public My Commission Expires: 5/J II ()" Page 6 ./ Signature Page Of Russell D. Gallup, Jr. ~oOQcft~t Russell D. Gallup, Jr. . - . STATEOF \Jt~t~c4 ; COCNTY/CITY ~u..FFOLK.. ,to-wit: ~ The foregoing instrument was acknowledged before me this l~ -rl1 day of ~ . 2006. by Russell D. Gallup, Jr. who is personally known to me or has ~:l> L as identification. My Commission Expires: ~Lj~ /-'3l -20Cfj' ..' Page 7 Signature Page Of Robert V. Gallup RrkI iI/7~ . Robert V. Gallup . STATE OF \J,raJn)~ : COUNTY~ OF . '-..1' fJe fe r 5 ha ('I i , to-wit: The foregoing instrument was acknowledged before me this 0 3 day of ~) 0 /J (> W) be, , 2005, by Robert V. Gallup who are personally known to me or has produced l! tl . Or; u ( r s L I ( e (I \ e.. as identification. My Commission Expires: 0 I - 3 I - tJ ~ fJlar~ f ~ Notary Public Page 8 Signature Page of Vistacor Partners, LLC VIST ACOR PARTNERS, LLC, a Virgi ~a limited liability company STATE OF VIRGINIfr fL C-Q.BNfY/CITY OF V I ~"'ll"}' /':)?-4-0L---' , to-w~t: The foregoing instrument was acknowledged before me th~s~-i~ day of April, 2006, by Jame;;D. Carr, personally known to me to be the Manager of Vistacor Partners, LLC, a Virginia limited liability company, on its behalf, or has produced as identification. , I My Commission Expires: jO/3'{o':r /J Q t . l~(,..~ / .. Notary Public Page 9 Signature Page for Maurice L. Fuller and Dora J. Fuller >~ STATE OF \) ;~1\~ rOT TNTY WTTY F ' \ \ ~., _ ,_ _ 0 0.. - - - . - -. -- - - - ....., ,.,. (j' "'--, ~~<4..o " The foregoing instrument was acknowledged before me this i If*'h day of March, 2006, by Maurice L. Fuller. tn_u,.it. ,....... ........ My CommissionlUJll'lAN JAY SEGAL ~ NOTARY PUBLIC COMMoNWEALTH OF VIRGINIA · My Commission ExpiI8S June 30. ZlO9 \'".......,1... ."" .,, .....~,.., :)",.\., '~...1. _".,"'>,~ 0........ 0.- '......, .. '" . ':. .,~.... ~~. .- '._~'3:' ~ ~ "~ LL ... ~ o 0 ;. :: \ .~ ~,': : >'10" " .:- "", ',- - ....'1....... ~~-.. "',1' '\. (;"'^,\~ v$i,'V .' .~..' ,,'........... , to-wit: The foregoing instrument was acknowledged before me this iWh da Dora J. Fuller. ublic ..'"....",. '" . ,.' ',\ ~. . I"" 'v ...-.. >, i ;> ~ :1",-, ,. ..~ 0, . /) , > .-.t."" 1/ ., " ~ . ,..J.. ~ . "-:. ;.. ~.LJ :~~ ". " :. ~ en i ll..I ~ ~. : = =)0::3: 0(: ":&-.-t:- ,-~ ~. w -~ . i'J"IF 0 ~ "'- ~;: ,:; ~, '..~ .; (' " .1',.....', ,oe I,. ~" "~il;ll'" My Commission Expires: '~"'''''''!-{AN .JAY SEGAL Q) :TARY PUBUC . .....:wEAL'IH OP VIRGINIA · '_'I ';cm;nission ~.- ao. alQ9 Page 1 0 Signature Page of David S. Italiano and Teressa A. Ita "/ o~ ~A-~~ essa A. Italiano STATE OF VIRGINIA ~W/CITY OF VIRGINIA BEACH , to-wit: June The foregoing instrument was acknowledged before me this26th day of May, 2006, by David S. Italiano. .A,,$ j/fJr&t& Notary Pub ic My Commission Expires: August 31, 2006 STATE OF VIRGINIA x:IOODmnr /CITY OF VIRGINIA BEACH , to-wit: June The foregoing instrument was acknowledged before me this26th day of Ma)C, 2006, by Teressa A. Italiano. _-40/;1 -{jI m~ otary Public My Commission Expires: August 31, 2006 Page 11 Signature Page for Princess Anne Custom Design & Construction, Inc. PRINCESS ANNE CUSTOM DESIGN & CONSTRUCTION, INC., a Virginia corporation By: .aJd~7~aL4- Its: Pr-es ~de4'\.f- STATE OF \j ; rh'"'''''' . rOT Tl\TTV /rTTV 0 \' /.... ~...(L ^ '^ ti"\_nr;t. ~~~.'A.'~AAA ~A- "'''\~'''''''~'''''.JlI'' ,'~ ..... The foregoing instrument was acknowledged before me this 14#.day of March, 2006, by Will i a. M L. Wed Ke , as -Pre c.,;J ~n +- of Princess Anne Custom Design & Construction, Inc., a Virginia corporation, on be fthe corporation. My Commission Expires: ,',uu....", ,.." '" ......' \.. '" ... 010 eoo v', ~ <r/ ...~ '\ \-I .... y,,, '<%> 0 t--v '0 ~"\.- ~ t:'O <V'C ?~~ \.Y ':. :)... :."4. ~';' "" :::> ~ E ::; ~:; L'_ 0 ~ 'J_ ~ :. ~o 0 0-:)...= ~ -;: -0 "j:, ~'~., ~ ....... z ~ iL .0 /-::. 0' ,':"f .: ~,~), eOll~PJ 0..0 ~6'~,..::- '.. ~i ....003.. \......- ,,-' '" .;"I'!.,-.~"'" ~il:' a'\~' i"i"IO"~' NATHAN JAY SEGAL ~ NOTARY PUBLIC COMMoNwEALTH OF VIRGINIA My CGmn1issio.l Expir8s June 30. 2009 Page 1 2 Signature Page for William L. Walke and Erin Walke 4/)~?;(~c~ William L. Walk-t" 'I1Vl LJtL€~ rin Walke STATEOFV ~~~ COUNTY/CITY ~i~""~~J.\ ' to-wit: The foregoing instrument was acknowledged before me this i4~ day of March, 2006, by William L. Walke. , to-wit: \O.'UU~U" ~~ I" ...". / (> I\L '"'' ~ .....:-:.....-:. ..~.~'"'..<o",., '" -" u ~ $.00 ~ ; ~~ ~ cO: {I '7~ ::> ; c: 4' ~ : ..:.~. 0 r~: J. E ~ ._;~ ~';~ ~.~ ~: ~:..:,.... ........'./0 ~....,. .cc- ~ ..., \: i. '''''0. Q ..0. ~ ~ ~"j';'/l/ ...oa.O. O~~", "1 ~ ,(A' li1h,ua..,a,a NATHAN .JAY SEGAL Cl> NOTARY PUBLIC COMMoNwEALTH OF VIRGINIA · My Commission Expires June 30, ~ My Commission Expires: STATE OF ~~~~ COUNTY/CITY F ~ ~''"' ~Q~ The foregoing instrument was acknowledged before me this 14#1day of March, 2006, by Erin Walke. ".,.....", ,a' '" , '. ,.~ '2:> .... ... ." otary Pu~\ ..... fl..LT H..... ''', : o;r .' ~ <(,. ". u ~ ~ ':i .. ~... e. ;...0"', ~ .. "'~ 4.....,..,.. : 2 : 0 t., _: CO = : c::( ~ ~ 0' ~: ::> : ': ~ '0 ~ (:): Q ~ ..; .-P ~ . ~\".6.- ...00 ~,..o~ ~ -; /' .0. .0- < ~ ,'v ......... ~~..' " ....,0 " "i, ,..... ........" 11"'U,,'I~a' NAT~j.wn~~aitXP~'re . NOTARY PUBLIC ~ONWEALTH OF VIRGINIA . -, Commission Expires June 30, ~ Page 1 3 EXHIBIT A Parcell: (GPIN No. 1485-90-9486-0000 - Owner: Gallup, et al) ALL THAT certain tract, piece or parcel of land, being a part and parcel of the farm on the McPherson resided, lying at or near Land's Station, Seaboard District, Princess Anne County, Virginia, and bounded as follows: Commencing at Landtown Road at the point of line between said McPherson and Sarah Fisk's land, and pursing the line of the ditch at said point, and in the direct line of said ditch in a Soutwardly course until you strike the line of Stephen J. Wilcox; thence pursuing the dividing line between said parcel and the said Wilcox, until you strike the land of Solomon A. Bonney; thence pursuing the division line between said parcel of said BO!mey until you strl..ke the land of Hillary E. Land on the Land Town Road; thence along the division line on said road to the point of beginning, containing sixty (60) acres, more or less, together with its appurtenances, drains, water course, etc. LESS AND EXCEPT that portion of the property taken by the Commonwealth Transportation Commission of Virginia by Certificate of Take recorded in Deed Book 2988 at page 801A; amended in Deed Book 3005 at page 156 and Order recorded in Deed Book 3025 at page 2043; corrected in Deed Book 3126 at page 1811. LESS AND EXCEPT that portion of the property conveyed to Russell D. Gallup, Jr., Robert V. Gallup, Robert B. Kendall and Jack K. Moulton by Deed dated September 23, 1981 and recorded in Deed Book 2162 at page 59. LESS AND EXCEPT that portion of the property conveyed to Commonwealth of Virginia in Deed Book 3182 at page 757. IT BEING the same property conveyed to Russell D. Gallup, Jr. and Robert V. Gallup, Robert B. Kendall and Jack K. Moulton, Jr. by Deed from R and R Corporation, a Virginia corporation, dated June 28, 1982, and recorded June 30, 1982 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2206, page 1420. AND FURTHER BEING a part of the same property conveyed to Jack K. Moulton, Jr. by Deed from Patti G. Moulton, single, and Phillip J. Moulton, single, dated April 16, 1991, and recorded May 22, 1991 in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, in Deed Book 2988, page 319. Page 14 Parcel 2: (GPINNo. 1485-91-0167-0000 - Owner: Italiano) ALL THAT certain tract, piece or parcel ofland, situate, lying and being near Land's Station, in Seaboard Magisterial District, Princess Anne County, Virginia, lying on the South side of the road leading to Land's Station, and is more particularly described as follows: BEGINNING at an iron axle on the South side of the Landstown Road, which is distant from the East side of the State Highway leading from the Princess Anne Courthouse to Kempsville 732.4 feet, more or less, and from said point of beginning running along the Southern Edge of the Landstown Road North 64 degrees East 214.1 feet to a pipe; thence turning and running along the center of a ditch South 4 degrees 43 minutes East 565.5 feet to a pipe in the center of a ditch; thence turning and running North 26 degrees 56 minutes West 577.0 feet to an iron axle in the Southern edge of the Landstown Public Road, the place of the beginning, said tract of land containing 1.30 acres. LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, on September 24, 1990, in Deed Book 2940, at Page 813. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2000, at Page 621 and shown on plat recorded in Map Book 138, at Page 40. IT BEING the same property conveyed unto David S. Italiano and Teressa A. Italiano, husband and wife, by Deed from John A. Johnson and Patricia A. Johnson, husband and wife, dated August 1, 1996 and recorded August 14, 1996 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3649, at Page 636. Page 15 Parcel 3: GPIN No. 1484-99-9748-0000 - Owner: Princess Anne Custom Design) ALL THAT certain lot, piece or parcel of land, lying, situate and being in Seaboard Magisterial District, Princess Anne County, Virginia, and bounded and described as follows: BEGINNING in the northern side of the highway from Princess Anne Courthouse to Kempsville; thence North 39 degrees 55 minutes East 8.9 feet to a pin; thence South 69 degrees 59 minutes East along a ditch 379 feet; thence South 52 degrees 29 minutes East 305 feet to a gum; thence South 49 degrees 24 minutes East 107.5 feet; thence along a ditch South 53 degrees 30 minutes East 170 feet to a pin; thence South 45 degrees 35 minutes West 251.4 feet to the pin in said highway; thence along said highway North 44 degrees 25 minutes West 916.2 feet to the point of beginning, containing 3.64 acres as shown on a plat and survey made by W.B. Gallup, County Surveyor, March 6, 1947, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 20, at Page 53. LESS AND EXCEPT property known as Lots A and B as shown on plat entitled "Subdivision of Part of Property Shown on Plat Entitled 'Property of John W. Shackleford Located Near Landtown' (M.B. 20, Pg. 53) Virginia Beach, VA for William Wesley Walke", which plat is recorded in the above Clerk's Office in Map Book 77, at page 6. LESS AND EXCEPT 0.354 Ac. conveyed to Commonwealth of Virginia by Deed recorded in Deed Book 3028, P. 681 and shown on State Highway Plat Book 9, Pages 328 and 328 A. IT BEING the same property conveyed to Princess Anne Custom Design & Construction, Inc. by Deed from William L. Walke and Erin Walke dated August 12,2000, and recorded September 5, 2000 in the Clerk's Office ofthe City of Virginia Beach, Virginia in Deed Book 4291, at Page 2123. Page 16 Parcel 4: (GPINNo. 1494-09-1664-0000 - Owner: Fuller) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, numbered 3284 Princess Anne Road, Virginia Beach, Virginia, known, lettered and designated as Lot "B," as shown on that certain plat entitled "SUBDIVISION OF PART OF PROPERTY SHOWN ON PLAT ENTITLED 'PROPERTY OF JOHN W. SHACKLEFORD, LOCATED NEAR LANDTOWN, VIRGINIA BEACH, VIRGINIA' FOR WILLIAM WESLEY WALKE, DATED AUGUST 29, 1969," and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 77, at Page 6; reference to said plat is hereby made for a more particular description of said property. IT BEING the same property conveyed to Maurice L. Fuller and Dora J. Fuller, husband and wife, by Deed dated August 9, 1996 from William L. Walke, as Administrator of the Estate of William W esley Walke, deceased, and as Sole Devisee of the Estate of William W esley Walke, deceased, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3649, at Page 1766. Page 17 Parcel 5: (GPIN No. 1494-09-2567-0000 - Owner: Walker) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia; and being known, numbered and designated as Lot A, as shown on that certain plat entitled Subdivision of Part of Property Shown on Plat Entitled "Property of John W. Shackleford Located Near Landtown, Virginia Beach, Virginia for William Wesley Walke", dated August 29, 1968, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at Page 6. IT BEING the same property conveyed to William Wesley Walke, widower, by Deed from William L. Walke and Erin Walke, husband and wife, dated October 1, 1992 and recorded November 3, 1992 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3145, at Page 1120. The said William Wesley Walke died intestate April 13, 1996 leaving William L. Walke, his son and only heir at law.t VB315298v1 Page 18 EXHIBIT B Proffers to be Attached to and made a part of the Proffer Agreement for Landstown Commons Prepared in Connection with the Conditional Rezoning Application of Vistacor Partners, LLC 1. The site layout for the retail buildings, parking areas, drive aisles, storm water retention areas, and other site features of the shopping center shall substantially conform with the Conceptual Site Plan (the "Conceptual Site Plan") shown on Sheet 2 of the Design Handbook for Landstown Commons, dated June 1,2005, and prepared by Wakefield Beasley & Associates (the "Design Handbook"), a copy of which is on file with the Depa.rtment of Pla.1ll1ing a.l1d has been exhibited to the City Council. 2. The buildings shown and labeled on the Conceptual Site Plan as buildings "LF- I", "LF-2", "LF-3" and "LF-4" (collectively, the "Lifestyle Buildings") and those shown and labeled on the Conceptual Site Plan as buildings "A" through "I", "K" through "V" and "W" through "Z" (collectively, the "Sl).ops and Anchors") shall be designed and constructed as follows: (a) the Lifestyle Buildings shall be constructed in substantial conformity with the elevations for the Lifestyle Buildings shown on Sheets 8 through 13 of the Design Handbook; (b) the Shops and Anchors shall be constructed using multiple building articulations and elevations of the quality and style shown in the elevations for the Shops and Anchors, shown on Sheets 14 through 19 of the Design Handbook; and ( c) the Lifestyle Buildings and Shops and Anchors shall be constructed using multiple architectural materials, finishes and colors of the quality and type shown as the Building Finishes on Sheet 20 of the Design Handbook. 3. The rear portions of the Lifestyle Buildings and Shops and Anchors visible from Princess Anne Road and Dam Neck Road shall be constructed using multiple building articulations and colors, in substantial conformity with Perspective Rendering 2, set forth on Sheet 4 of the Design Handbook. The rear of the Lifestyle Buildings shall be constructed in substantial conformity with the designs depicted in the elevations for the Lifestyle Buildings, shown on Sheets 12 and 13 of the Design Handbook, and the rear of the Shops and Anchors visible from Princess Anne Road and Dam Neck Road shall display design elements and features in substantial conformity with those shown in the elevations for the Shops and Anchors shown on Sheets 18 and 19 of the Design Handbook. Page 19 4. The uses of any portion of the Property located within the "APZ Limit", as shown on the Conceptual Site Plan, shall be limited to those uses deemed compatible with those listed on Table 2 of Section 1804 of the City of Virginia Beach Zoning Ordinance. 5. The primary shopping center identification signs shall be located along Princess Anne Road and Dam Neck Road in the locations shown on the Monument Sign rendering, which appears on Sheet 22 of the Design Handbook, and such signs shall be constructed using materials and designs substantially similar to those shown in the rendering. 6. The outparcels shown and labeled on the Conceptual Plan as "Outparcel 1.31AC" and "Outparcel +/-0.9AC" shall be developed using building designs and architectural materials substantially similar to and compatible with designs and materials used in the remainder of the shopping center in light of the intended use. 7_ At the time of completion of all phases of development, Grantor shall have developed 40,000 square feet of space designated for office use upon the Property, which may be located also upon any additional property acquired by Grantor and incorporated into the shopping center. Proffers for Landstown Meadows 8. Grantor shall install a variable width buffer containing a combination of landscaping, berming, and storm water retention facilities reasonably necessary to accomplish a screening effect between Grantor's development and the adjacent residential neighborhood known as "Landstown Meadows", located adjacent to the northeastern boundary ofthe Property, substantially as shown in the Conceptual Site Plan. 9. The buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be set back a distance of at least one hundred ten feet (110') from the northeastern property line of the Property. 10. The rear portions of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be painted neutral, earth-tone colors. 11. All dumpsters located at the rear of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be enclosed on at least three sides. 12. All site lighting installed along the rear portions of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall be directed away from the Landstown Meadows neighborhood and shall be downward-directed and shielded to minimize light seepage into the Landstown Meadows neighborhood. 13. All deliveries by truck or van to the rear areas of the buildings shown and labeled as buildings "A" through "I" on the Conceptual Site Plan shall occur between the hours of 7:00 a.m. and 10:00 p.m. Page 20 14. At the time Grantor installs the stormwater detention facilities shown on the Conceptual Site Plan, Grantor shall install a solid, maintenance-free fence in the landscape buffer located between the shopping center and the residences located along Barberry Lane and the adjacent park. Landscapin2: and Pedestrian Improvements 15. At the time each section or phase of the shopping center is developed, Grantor shall install a combination of landscaping and berming of at least thirty feet (30') in width along Princess Anne Road and at least thirty feet (30') in width along Dam Neck Road, each in substantial conformity with the landscaping shown on the Conceptual Site Plan and the Street Section exhibit set forth on Sheet 7 of the Design Handbook. Notwithstanding the preceding sentence, landscaping along the front of the parcel shown and labeled as "Outparcel +/-O.9AC" on the Conceptual Site Plan shall be a width of no less than fifteen feet (15'). 16. At the time the Lifestyle Buildings are constructed, Grantor shall install a pedestrian plaza in substantial conformity with the Hardscape Plan and Street Furniture Selection shown on Sheet 21 of the Design Handbook and the Conceptual Site Plan. The pedestrian plaza shall include a fountain, flagpole, light fixtures and sidewalk furniture, each in substantial conformity with the Hardscape Plan and Street Furniture Selection. Sidewalks within the pedestrian plaza shall be constructed using stained or stamped concrete, and other pedestrian walkways within the pedestrian plaza shall be constructed using either stained or stamped concrete or asphalt. 17. Grantor shall install pedestrian walkways to provide pedestrian connectivity between the retail buildings, in substantial conformity with the pedestrian walkways shown on the Conceptual Site Plan. Ri2:ht of Wav Improvements 18. Grantor shall be responsible for the installation of any required deceleration lanes, turning lanes, or median improvements for the shopping center, as may be reasonably required or approved by the Director of Planning, or his designee. 19. Grantor shall install traffic signals at the primary entrance to the shopping center along Dam Neck Road and the primary entrance to the shopping center along Princess Anne Road, as may be reasonably required or approved by the Director of Planning, or his designee. 20. All right of way improvements to be installed by Grantor shall be made according to plans prepared in consultation with the Department of Traffic and Engineering and reasonably approved by the Director of Planning or his designee. All right of way improvements to be installed by Grantor shall be substantially completed or bonded on or before the date the first building permit is issued by the City for a building to be constructed within the shopping center. 21. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration Page 21 of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Page 22 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ventureast Two Corporation - Change of Zoning District Classification, Cleveland Street at Newtown Road (DISTRICT 2 - KEMPSVILLE) MEETING DATE: August 22,2006 . Background: Application of Ventureast Two Corp., a Virginia Corporation for a Chanoe of Zonino District Classification from 0-2 Office District to H-1 Hotel District on property located on the south side of Cleveland Street, approximately 450 feet east of Newtown Road (GPIN 1467260472 - existing; 1467261339 - after subdivision). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant is requesting a change of zoning for this parcel from the existing 0- 2 Office District to Conditional H-I Hotel District. The purpose of the change of zoning is to develop the site with a hotel. The submitted preliminary site plan depicts a 122 room suite style hotel, 134 parking spaces, 6 handicap accessible parking spaces, a swimming pool, a courtyard, and a putting green. The proposed building is situated 140 feet from Cleveland Street, 65 feet from Interstate 264, 20 feet from the western property line, and 50 feet from the eastern property line. The submitted elevation drawing of the building depicts a six-story structure constructed of brick veneer (first and second floors levels) and exterior insulation finish system (EIFS). The proposed roofing material is shown as architectural grade shingles. Cultured stone veneer, standing seam metal on roof details, and canvas awnings above some of the windows provide architectural relief and interest to the building. The Comprehensive Plan designates this area as being within Strategic Growth Area 3 - Newtown Area. The Comprehensive Plan recommends that "development in this area should include a mix of mid to high-rise office buildings as well as lower intensity light industrial and other non-residential uses," The Plan suggests that uses scaled to support the local employment base are also appropriate. The proposal is consistent with the Comprehensive Plan's guidance for this area, particularly since the proposal provides lodging and related uses that support the concentration of offices in the immediate area. The site design and building design are of high quality and compatible to the surrounding area. Ventureast Two Corp. Page 2 of 2 The Planning Commission placed this item on the consent agenda because the proposed use is consistent with the recommendations of the Comprehensive Plan for this area, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 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 Departmen'- City Manager: ~ 'It.. ,~~ VENTUREAST TWO CORPORATION Agenda Item 1 July 12, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Chanae of Zonina District Classification from 0-2 Office District to Conditional H-1 Hotel District Zoning Change rom 02 to H1 ADDRESS I DESCRIPTION: Property located on the south side of Cleveland Street, approximately 450-feet east of Newtown Road (Parcel AA4) GPIN: COUNCIL ELECTION DISTRICT: 1467260472 (existing) 2 - KEMPSVILLE 1467261339 (after subdivision) SITE SIZE: 2.45 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing 0-2 Office District to Conditional H-I Hotel District to develop the site with a hotel. The submitted preliminary site plan depicts the building footprint for the proposed hotel, 134 parking spaces, 6 handicap accessible parking spaces, a swimming pool, a courtyard, and a putting green. The proposed building is situated 140 feet from Cleveland Street, 65 feet from Interstate 264, 20 feet from the western property line, and 50 feet from the eastern property line. The applicant proposes 122 suite type hotel units. The permitted density is 196 units. The submitted elevation drawing of the building depicts a six-story structure constructed of brick veneer (first and second floors levels) and exterior insulation finish system (EIFS). The proposed roofing material is shown as architectural grade shingles. Cultured stone veneer, standing seam metal on roof details, and canvas awnings above some of the windows provide architectural relief and interest to the building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site 1/'- ,.:_~" \-., "-",::,"'" >,. .,";"-'"( VENTUREAST TWO ee>RPORA"ElON ....Agendalt@!'n1 ~~g~,1 SURROUNDING LAND USE AND ZONING: North: . Cleveland Street . Across Cleveland Street are office buildings / 0-2 Office . Interstate 264 . Office building / 0-2 Office . Hotel/Conditional H-1 Hotel South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: Currently the site is treed. It is located within the Resource Management Area of the Chesapeake Bay Preservation Area. There are no natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Cleveland Street in front of this site is a two-lane undivided minor urban arterial. It is not designated on the Master Transportation Plan, and there are no CIP projects scheduled for this right of way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use 2 - 0 Cleveland Street 3,882 ADT 1 7,300 ADT 1 ADT Proposed Land Use 3 - 727 ADT Average Dally Tnps 2 as defined by a vacant parcel 3 as defined by a hotel and accessory uses WATER: This site must connect to City water. There is an 8-inch City water main in Cleveland Street in front of the site. SEWER: This site must connect to City sanitary sewer. Analysis of Hampton Roads Sanitation District (HRSD) Pump Station 7 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8-inch City sanitary sewer gravity main in Cleveland Street fronting the site. , .;/';"...t:;~",;:; Y ("0"-'" ,-<).;:,./ . ~,;..., "~' . ':: --;-.,. "'j L~/;, _,,~,~'<:. /:/ ";"'C' ~-, ~".:::- -'~ VENTUREAST TWO OeRPORA Agendalt ;~,- " ,( ,_,' c,. ~,., EVALUATION AND RECOMMENDATION Recommended Action: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this area as being within Strategic Growth Area 3 - Newtown Area. The Comprehensive Plan recommends that "development in this area should include a mix of mid to high- rise office buildings as well as lower intensity light industrial and other non-residential uses," (p. 67). The Plan suggests that uses scaled to support the local employment base are also appropriate. Evaluation: Staff concludes that the proposal is consistent with the Comprehensive Plan's guidance for this area, particularly since the proposal provides lodging and related uses that support the concentration of offices in the immediate area. The site design and building design are of high quality and compatible to the surrounding area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (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 utilized as a hotel catering to the extended stay market. In connection therewith, the Grantor may also operate a bakery, confectionary and delicatessen offering products for sale only at retail and only on the premises. PROFFER 2: Grantor shall install street frontage landscaping as approved by the Planning Director in the existing ten foot wide green spaces between the sidewalk and the parking lot along Cleveland Street. PROFFER 3: Further conditions mandated by applicable development ordinances 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. PROFFER 4: The property shall be developed in substantial conformity with that certain plan entitled "PRELIMINARY SITE PLAN, HOMEWOOD SUITES - HILTON, VIRGINIA BEACH, VIRGINIA" made by ISOM Associates, P.A., Architecture, Engineering, Planning dated April 10, 2006, and the development of the Property shall ,'- "y.,', ' ;;v},<'~ .,,< ,;,-",,--':,~' -, ._F'^ < < ,U', __"....,';, "V'", -"" "-"". '/ VENTUREAST TWO GOAPORA~fON Agendal~~~1 gc!ig~3 adhere to same with regard to layout, ingress/egress, elevations. Said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia hereinafter the "Site Plan". PROFFER 5: The exterior of the hotel shown on the Site Plan shall be substantially similar in appearance to the elevation entitled "PRELIMINARY SITE PLAN, HOMEWOOD SUITES - HILTON, VIRGINIA BEACH, VIRGINIA" made by ISOM Associates, P.A., Architecture, Engineering, Planning dated April 10, 2006", said exhibit being the same exhibit as the color coordinated exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia, hereinafter the "Rendering". STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, parking layout and traffic control and circulation within the site. The submitted preliminary elevation plan depicts a building of high quality materials that is complementary to existing buildings in the area. The City Attorney's Office has reviewed the proffer agreement dated May 1, 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 c.ontact 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. /".:,.,~, _".C:,:":".,,,;:,, ""oo.^ <"'.",,:/">i-:-, , , "~.:::'''i: -"". '<,.r VENTUREAST TWO Ge)RPOHAlipN Agend~J~~~l. ,......I%~g~:..f1: -:;.;'. .,\' AERIAL OF SITE LpeA1F1Q~":"; .~~ .;..^./ . -..." . ., .; .,,;:"""",<~<"'''~~ -', "":-.,-"<~'\ ~ .:.. '-'.~'<' ."",, ',,' ~,- . .,..-. VENTUREAST TWO e<3RPORA .i :Agendal. t -.... ~~ ~'.. ~, PROPOSED SITE PLAN VENTUREAST TWO aeFiPORAilC>N ;A.gendaJt 1 ,I ~ d ~~ . <! w 8 m~ i ~ Ilf~i ~ !~i I ind~ i ~~j*i ~e~~1 e '~~I ~m~ ~~!n~ . 0 ~ ~ Ig IIi ~~~~ d~ij~ S~~2 ~5li.2 ~~inl ~nn, ~tU~ ~~~n~ ..( Q: ~I ~~ U~ SU 1Il~ < w. . ~~ og !a~ ~ o o 000 ::>~ s:l ;;> E-c g ~S.~ ::Eoo o. :::t I I . 15 , ~ 11= ~I~ ~~I...l N W ...l r- &:I~ c.. ex: <( u. <t 2 ~ a: ... :::> J: ~ W a:l :$. z ~ :> PROPOSED BUILDING ELEVAtI(:)N>"~~"' ,..,:"~~',:::,::.>.)""': ';~'. '. , \,/ -< . ":";:'::::'::~:':::0I[Z\,<,.::~:/-' \,.._",:_,;~ ,,;;:~, ""..' c A~ VENTUREAST TWO Ge~paRA. 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''-,,'' y-,;.,;~::,:- DISCLOSURE STA1eaE.mc'::~'i .or'__,'---- ':" ,--. . ,,",";:,.:.," " ' "--' -- ,,',,',,",', VENTUREAST TWO G0RPQRAllON Agendalt~~1 ~~g~~ Item #1 Ventureast Two Corp., A Virginia Corporation Change of Zoning District Classification South side of Cleveland Street District 2 Kempsville July 12, 2006 CONSENT Barry Knight: Our next order of business will be the consent items. The Vice Chair, Jan Ander$on will handle this portion of the agenda. Janice Anderson: Thank you Mr. Chairman. We have five items on the consent agenda this morning. When I call the item, if the representative would come to the podium. The first item is agenda item 1, Ventureast Two Corp. This is a request for a Change of Zoning from 0-2 Office District to H-1 Hotel District. It is located on the south side of Cleveland Street, approximately 450 feet east of Newtown Road, in the Kempsville District. Is there a representative on this application? Welcome Mr. Richardson. = John Richardson: Thank you Ms. Anderson. My name is John Richardson. I'm a local attorney, and I represent the applicant this matter. We have reviewed the proffers and they are acceptable. We appreciate being on the consent agenda. Janice Anderson: Thank you. There are five proffers. John Richardson: Yes ma'am. Janice Anderson: Thank you. Is there any opposition to this application? Thank you. Mr. Livas will review this for us. Henry Livas: This request is for a Change of Zoning District Classification from 0-2 Office District to Conditional H-l Hotel District. The 2.45-acre property is located on the south side of Cleveland Street, approximately 450 feet east of Newtown Road. The proposed hotel will be in a six -story structure constructed of brick veneer and exterior insulation finish system. The applicant proposes 122 suite type hotel units, supported by 134 parking spaces and 6 handicap parking spaces. The site will also have a swimming pool, a courtyard, and a putting green. The proposed Homewood Suites Hilton Hotel will cater to the extended-stay market. Therefore we recommend approval of this project. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the consent agenda item 1. Item #1 Ventureast Two Corp., A Virginia Corporation Page 2 Barry Knight: Thank you. There has been a motion made by J an Anderson. Do I have a second? We have a second by Kathy Katsias. Is there any discussion? We'll call for the question for approval of the consent item. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY STRANGE AYE WALLER AYE WOOD AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 1 for consent. = CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-64 7 4 DATE: August 9, 2006 TO: FROM: Leslie L. Lilley B. Kay WilS~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Ventureast Two Corp., Cleveland Street The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 22, 2006. I have reviewed the subject proffer agreement, dated May 1, 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 lals Enclosure cc: Kathleen Hassen / VENTUREAST TWO CORP., A Virginia corporation To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") made this 1st day of May, 2006, by and among VENTUREAST TWO CORP., a Virginia corporation (the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Gr~'1tee").. RECITALS: A. Grantor is the owner of a certain parcel of property located in the City of Virginia Beach being briefly described as Parcel AA-4 "SUBDIVISION OF RESIDUAL OF SITE -AA AS SHOWN ON PLAT ENTITLED 'SUBDIVISION PLAT OF SITE -AA THE KROGER CENTER' (M.B. 265, P. 21-22, VIRGINIA BEACH, VIRGINIA SCALE: I" = 50'- SEPTEMBER 1,2005" which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060426000632680, and more particularly described upon Exhibit A attached hereto and made a part hereof. B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the property from 0-2 to Conditional H-1 Hotel District. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date ofthis Agreement (the "City Zoning Ordinance"). PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW GPIN NO. 1467-26-1339-0000 C. Grantee's policy is to provide for the orderly development ofland for various purposes, including commercial purposes, through zoning and other land development legislation. D. Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned H-1 as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. F. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordinance for the H-l zoning district, reasonable conditions outlined in this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned H-1 and are needed as a result of the rezoning. G. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning the Property; provided, however, that such conditions shall continue if the subsequent amendment is party of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the City Zoning Ordinance. 2 NOW, THEREFORE, Grantors, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, his heirs, personal representatives, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. When the Property is developed, it shall be utilized as a hotel catering to the extended stay market. In connection therewith, the Grantor may also operate a bakery, confectionary and delicatessen offering products for sale only at retail and only on the premises. 2. Grantor shall install street frontage landscaping as approved by the Planning Director in the existing ten foot wide green spaces between the sidewalk and the parking lot along Cleveland Street. 3. Further conditions mandated by applicable development ordinances 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. 4. The property shall be developed in substantial conformity with that certain plan entitled "PRELIMINARY SITE PLAN, HOMEWOOD SUITES - HILTON, VIRGINIA BEACH, VIRGINIA" made by 180M Associates, P .A., Architecture, Engineering, Planning 3 dated April 10, 2006, and the development of the Property shall adhere to same with regard to layout, ingress/egress, elevations said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia hereinafter the "Site Plan". 5. The exterior of the hotel shown on the Site Plan shall be substantially similar in appearance to the elevation entitled ""PRELIMINARY SITE PLAN, HOMEWOOD SUITES - HILTON, VIRGINIA BEACH, VIRGINIA" made by ISOM Associates, P.A., Architecture, Engineering, Planning dated April 10, 2006", said exhibit being the same exhibit as the color coordinated exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia, hereinafter the "Rendering". All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance ofthe City of Virginia Beach, in force as of the date of the conditional rezoning amendment is approved by the Grantee. 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 specified in this Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (d) the failure to meet all conditions 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 4 Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that 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 Grantee. WI1NESS the following signature and seal: By Alec Harwin, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, '\Y\.J. \0. \U..u';! rLi. ~ , the undersigned, a Notary Public in and for the City and State aforesaid, d hereby certIfy that Alec Harwm, whose name is signed to the foregoing instrument as President ofVentureast Two Corp., has sworn to, subscribed, and ac~o~l~dged the same b or~ me in my City and State afor~said on beha.lf ?f sai<!-corporation, thIS d~a.o day of vV'l.'-.>..- , 2006. The SaId Alec Harwm IS L personally known to me; or _ has produced for identification purposes. Y'{l,t\o.JU ~i \\) Cu.btl~ Notary Public \ . '. Q My Commission Expires: \~. ~\- 200 l 5 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Parcel AA-4 as shown on that certain plat entitled "SUBDIVISION OF RESIDUAL OF SITE - AA AS SHOWN ON PLAT ENTITLED 'SUBDIVISION PLAT OF SITE-AA, THE KOGER CENTER (M.B. 265, P. 21-22) VIRGINIA BEACH, VIRGINIA SEPTEMBER 1,2005" made by The Spectra Group and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20060426000632680. IT BEING a part of the same property conveyed to Ventureast two Corp., a Virginia corporation by deed from Ajax Properties, L.L.C., a Virginia limited liability company dated l\1arch 25, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 200504060050683. 6 N. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS - New Construction BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY PARKS AND RECREATION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS .' O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: August 8, 2006 D C E L PAGE: I E D H C R A W S I E J L N U N 1 AGENDA T E D N 0 A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 0 H L R Y S N F N A N D I-A BRIEFING: RETIREE BENEFITSfUNFUNDED Susan Walston, LIABILITIES Chief of Staff Patricia Phillips, Director- Department of Finance IIIIII/ IVN/ VI-E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y B S T A I N E D F-I MINUTES- July 18,2006 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H MA VOR'S PRESENTATION I. 2006 Little Miss Virginia Beach Blair Morgan 2. 2006 Preteen Miss Virginia Beach Mary Lukasiewicz 3. 2006 Teen Miss Virginia Beach Courtney Nicole Rodgers 4. 2006 Miss Virginia Beach Ashlev Christian Smith I/J-I Resolution rePre-Opening Services for Sandler STAFF 11-0 Y Y Y Y Y Y Y Y Y Y Y Center Performing Artg))EVELOP BRIEFING/ Agreement with Global Spectrum LP ADOPTED BY CONSENT 2 Ordinance to TRANSFER $765,608 from STAFF 11-0 Y Y Y Y Y Y Y Y Y Y Y Museums and Cultural to management fund re BRIEFING/ SCPA ADOPTED BY CONSENT Ordinance to AUTHORIZE encroachmert into 3 portions of City's fO-W at Brasileno Court by ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y PATRICKJJLISA M. HENEGHANre CONSENT bulkheadldocklboat lift 4-a Ordinances to ACCEPT/ APPROPRIATE: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y .$34,156 Grant from VaEMS to EMS re CONSENT defibrillators in "FouHor-Life" b $15,000 from Depart of Criminal Justice for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Byrne/JAG RecruitinglRetention of Criminal CONSENT Justice Professionals to Polio: CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: August 8, 2006 0 C E L PAGE: 2 E 0 H C R A W S I E J L N U N I AGENDA T E 0 N 0 A 0 H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 0 H L R Y S N F N A N 0 Old Dominion University's foufYear campus ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y at Virginia Beach Higher Education Center ADOPTED K-I ROBERT M. ROUSSEAU Enlarf!ement of a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforminf! Use at 403 161h St re existing CONDITIONED duplex dwelling damaged by fire/single-family BY CONSENT dwelling with second story deck over existing porch (DISTRICT 6- BEACH) 2 OCEAN BAY HOMES, L.L.C. Variance to ~ 5B APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Site Plan Ordinance/FloodplainRegulations/at CONSENT 314 A & B 2~ St to confonn with FEMA regulations. (DISTRICT 6- BEACH) 3 JANET KOTIKE ModificationofConditionsre MODIFIED' 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP approved February 12, 1990/September 12, CONDITIONED, 1995), at 5009 Providence Road to extend the BY CONSENT hours of operation to 6 P.M. (DISTRICT 2- KEMPSVILLE) 4 ST. MICHAEL LUTHERAN CHURCH MODIFIED' 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions re CUP approved CONDITIONED, October 12, 2004/ modified August 9,2005, at BY CONSENT 2208 Princess Anne Road to reduce maximum number to 100 children (DISTRICT 7 - PRINCESS ANNE) 5 NEW JERUSALEM CHURCH CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y addition at 118 Erie Avenue CONDITIONED, (DISTRICT 6- BEACH) BY CONSENT L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BEACHES AND W A TERW A YS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS- New Construction BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY PARKS AND RECREATION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COf\MITTEE (COG) SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS MIN/ ADJOURNMENT 6:48 PM 0