No preview available
HomeMy WebLinkAboutFEBRUARY 13, 2007 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S MCCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach — District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CI77 CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 13 FEBRUARY 2007 I. CITY MANAGER'S BRIEFINGS A. BUDGET EXECUTION REPORTS I Convention and Visitors Bureau James Ricketts, Director 2. Museums and Historic Preservation Lynn Clements, Director II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE. (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com - Conference Room - IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 2:00 PM 3:00 PM V. FORMAL SESSION - Council Chamber - 6:00 PM 11 A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Dan B. Goff Pastor, Calvary Assembly of God C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. EXCESS CITY -OWNED PROPERTY to Bil-Mar Construction, Ltd. Chesapeake Shores, Lake Joyce February 6, 2007 11 2. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement - 1800 Pleasant Ridge Road I. PUBLIC COMMENT 1. WORKFORCE HOUSING J. CONSENT AGENDA K. RESOLUTION/ORDINANCES 1. Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Naval Air Station Oceana re the evaluation of discretionary development applications within the AICUZ footprint; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. 2. Ordinance to AUTHORIZE the acquisition, by agreement, a portion of property adjacent to the Adam Thoroughgood House at 4337 Country Club Circle from Richard G. Parise; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 4 - BAYSIDE 3. Ordinance to AUTHORIZE the City Manager to EXECUTE documents re sale of EXCESS CITY -OWNED PROPERTY at Chesapeake Shores, Lake Joyce to Bil-Mar Construction, Ltd., for the construction of a three-story dwelling. DISTRICT 4 - BAYSIDE 4. Ordinance to AUTHORIZE the acquisition in fee simple, by agreement or condemnation, of property on Oceana Boulevard adjacent to Whitehurst Lake for the Southeastern Parkway/Greenbelt; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 6 — BEACH 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Nelson Scott Morris re an Agricultural Lands Preservation Easement (ARP) at 1800 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. WILLIAM R. and KAREN P. SCHONAUER at 2 Caribbean Avenue re the reconstruction and maintenance of the existing pier, float, ramp, riprap and mooring pile DISTRICT 6 — BEACH b. CARL D. and LORI A. PETERSON at 2021 Falling Sun Lane, Red Mill Farms, re removal and reinstallation of an existing fence, maintenance of an existing shed and construction and maintenance of riprap revetment DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE two (2) freestanding signs at 201 Market Street re Sandler Center for the Performing Arts in the Town Center. DISTRICT 5 — LYNNHAVEN Ordinances to APPROPRIATE and TRANSFER: a. $4,856,006 to the Virginia Aquarium Original Exhibit Gallery renovation re increased construction costs: 1. $206,006 from the General Fund Reserve for Contingencies 2. $4,000,000 from the Virginia Aquarium Animal Care Annex 3. $250,000 from the City Council Agenda Process Automation 4. $400,000 from Enterprise Data and Information Management Plan, Phase I b. $166,117 to Fire Facility Rehabilitation and Renewal, Phase II, re Building and Fire Code compliance during the repair and renovation of the Plaza Fire and Rescue Station: 1. $63,094 from Fire and Rescue Station — General Booth Corridor 2. $26,616 from Fire and Rescue Station — Sandbridge Relocation 3. $76,407 from Various Buildings Rehabilitation and Renewal, Phase II L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for REV. BARNETT K. THOROUGHGOOD at 172 South Birdneck Road re two (2) single family homes. DISTRICT 6 — BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 2. Applications of G&S DEVELOPMENT, L.L.C. re a bulk storage facility at 959 Virginia Beach Boulevard (approved on December 10, 2002 and modified on February 14, 2004): DISTRICT 6 - BEACH a. Modification of Proffer No. 2 on a Conditional Zoning A-12 Apartment District to Conditional B-2 Business District b. Modification of Condition No. 1 placed on a Conditional Use Permit RECOMMENDATION APPROVAL 3. Application of TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH for a Modification of Condition Nos. 1 and 2 at 301 Overland Road re a new gymnasium (approved on January 13, 1998). DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 4. Application of VIRGINIA BEACH RESORT AND CONFERENCE CENTER for a Conditional Use Permit at 2816 Shore Drive re a live recreational facility of an outdoor nature (music and entertainment). DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of ENTERPRISE RENT -A -CAR for a Conditional Use Permit re motor vehicle rentals at 3680 Holland Road. DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 6. Application of MEGAN A. HAMMOND for a Conditional Use Permit re boarding of horses and horseback riding at 1236 Princess Anne Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of CINGULAR WIRELESS for a Conditional Use Permit at 5638 Baccalaureate Drive (Campus East and Lake Edward) re installation of a wireless communications tower on an existing Dominion Power transmission tower. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Tallwood High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20 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 02/03/2007mb www.vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. BUDGET EXECUTION REPORTS Convention and Visitors Bureau James Ricketts, Director 2. Museums and Historic Preservation Lynn Clements, Director II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER — Mayor Meyers E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Dan B. Goff Pastor, Calvary Assembly of God 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 I. INFORMAL and FORMAL SESSIONS February 6, 2007 G. AGENDA FOR FORMAL SESSION ti U � � L ? 94r 9 op OUR NA11c,NS esti firsolution CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING 1. EXCESS CITY -OWNED PROPERTY to Bil-Mar Construction, Ltd. Chesapeake Shores, Lake Joyce 2. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement - 1800 Princess Anne Road I. PUBLIC COMMENT 1. WORKFORCE HOUSING PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC BEARING on the disposition and sale of property, Tuesday, February 13, 2007 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia..The portion of property is part of GPIN 1570-80-2438 and is located adjacent to the rear of Lot 8, Block 5, Chesapeake Shores (GPIN 1570-70-8629). 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. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Feb. 4, 2007 16498921 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CER- TAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing, which may be continued or adjourned, on February 13, 2007, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, with respect to the execution and delivery of an Installment Pur- chase Agreement for the acquisition of an agricul- tural land preservation easement with respect to land located on 1800 Pleasant Ridge Road, in the City of Virginia Beach, Virginia, pursuant to Ordi- nance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) pro- mote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural char- acter, (c) conserve and protect environmentally sen- sitive resources, (d) reduce and defer the need for major infrastructure improvements and the expendi- ture of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to the Installment Purchase Agreement for an estimated maximum purchase price of $632,145.00. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the pur- chase price as and when the same respectively become due and payable. Any person interested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 28 & Feb. 4, 2007 16461897 K. RESOLUTION/ORDINANCES Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Naval Air Station Oceana re the evaluation of discretionary development applications within the AICUZ footprint; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. 2. Ordinance to AUTHORIZE the acquisition, by agreement, a portion of property adjacent to the Adam Thoroughgood House at 4337 Country Club Circle from Richard G. Parise; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 4 - BAYSIDE 3. Ordinance to AUTHORIZE the City Manager to EXECUTE documents re sale of EXCESS CITY -OWNED PROPERTY at Chesapeake Shores, Lake Joyce to Bil-Mar Construction, Ltd., for the construction of a three-story dwelling. DISTRICT 4 - BAYSIDE 4. Ordinance to AUTHORIZE the acquisition in fee simple, by agreement or condemnation, of property on Oceana Boulevard adjacent to Whitehurst Lake for the Southeastern Parkway/Greenbelt; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. DISTRICT 6 — BEACH Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Nelson Scott Morris re an Agricultural Lands Preservation Easement (ARP) at 1800 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. WILLIAM R. and KAREN P. SCHONAUER at 2 Caribbean Avenue re the reconstruction and maintenance of the existing pier, float, ramp, riprap and mooring pile DISTRICT 6 — BEACH b. CARL D. and LORI A. PETERSON at 2021 Falling Sun Lane, Red Mill Farms, re removal and reinstallation of an existing fence, maintenance of an existing shed and construction and maintenance of riprap revetment DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE two (2) freestanding signs at 201 Market Street re Sandler Center for the Performing Arts in the Town Center. DISTRICT 5 — LYNNHAVEN 7. Ordinance to AUTHORIZE two (2) freestanding signs at 201 Market Street re Sandler Center for the Performing Arts in the Town Center. DISTRICT 5 — LYNNHAVEN 8. Ordinances to APPROPRIATE and TRANSFER: a. $4,856,006 to the Virginia Aquarium Original Exhibit Gallery renovation re increased construction costs: 1. $206,006 from the General Fund Reserve for Contingencies 2. $4,000,000 from the Virginia Aquarium Animal Care Annex 3. $250,000 from the City Council Agenda Process Automation 4. $400,000 from Enterprise Data and Information Management Plan, Phase I b. $166,117 to Fire Facility Rehabilitation and Renewal, Phase II, re Building and Fire Code compliance during the repair and renovation of the Plaza Fire and Rescue Station: 1. $63,094 from Fire and Rescue Station — General Booth Corridor 2. $26,616 from Fire and Rescue Station — Sandbridge Relocation 3. $76,407 from Various Buildings Rehabilitation and Renewal, Phase II M B,�c 3Y.>) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Authorizing and Directing the City Manager to Execute on Behalf of the City of Virginia Beach a Memorandum of Understanding with Naval Air Station Oceana MEETING DATE: February 13, 2007 ■ Background: In May 2005, the Virginia Beach City Council adopted the Hampton Roads Joint Land Use Study (JLUS). During the JLUS process, the City and Navy produced a Statement of Understanding in which, among other things, the parties agreed that the City would create a new process for Navy officials to review and comment earlier in the process on proposed development of property located within Air Installations Compatible Use Zones (AICUZ) and strengthen its working relationship with the Navy and create an ongoing, open dialogue to address the Navy's concerns about potential encroachment at NAS Oceana ■ Considerations: The proposed Memorandum of Understanding continues the dialog between the Navy and the City contemplated by the JLUS and the Statement of Understanding. In particular, it sets forth the process and principles by which the Commanding Officer of NAS Oceana and the City evaluate discretionary development applications for land within the AICUZ footprint. ■ Public Information: This Resolution has been advertised in the same manner as other City Council agenda items. The matter was the subject of a public briefing to the City Council on February 6, 2007. ■ Recommendations: Adoption of Resolution ■ Attachments: Proposed Resolution; Summary of Terms of MOU Recommended Action: Approval Submitting Department/Agenc - City Manager. . A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF VIRGINIA BEACH A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND NAVAL AIR STATION OCEANA WHEREAS, in May 2005, the Virginia Beach City Council adopted the Hampton Roads Joint Land Use Study (JLUS) and directed the City staff to take appropriate measures to implement the recommendations therein; and WHEREAS, during the JLUS Study process, the Navy and the City produced a Statement of Understanding dated March 15, 2005, in which, among other things, the parties agreed that the City would create a new process for Navy officials to review and comment earlier in the process on proposed development of property located within Air Installations Compatible Use Zones (AICUZ) and strengthen its working relationship with the Navy and create an ongoing, open dialogue to address the Navy's concerns about potential encroachment at NAS Oceana; and WHEREAS, the City and the Navy seek to further implement the goals of the Statement of Understanding set forth in the JLUS by stating, in detail, their respective responsibilities and expectations in the review of discretionary development applications for property within the footprint of both the Navy AICUZ Program and the City AICUZ Overlay Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute, on behalf of the City Of Virginia Beach, the Memorandum of Understanding dated February 13, 2007, a summary of the material terms of which is hereto attached and a copy of which is on file in the City Clerk's Office. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of 1 2007. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 CA -10269 V:\applications\citylawprod\cycom32\Wpdocs\D007\P001\00027833.DOC February 6, 2007 R-1 APPROVED AS TO LEGAL SUFFICIENCY: (YL�N , /vov�jl, City Attorney's Office 2 Summary of NAS Oceana - CVB Memorandum of Understanding Purpose: 1. Sets forth a process for the City and Navy Staff to evaluate discretionary development applications (DDAs) (rezonings, CUPs, etc.) for property located within AICUZ footprint; 2. Sets forth the responsibilities of each party, including the principles under which the parties will evaluate DDAs. Background: 1. Recites history of Navy - City actions since Joint Land Use Study; 2. March 2005 Statement of Understanding: parties agreed that City would (1) create a new process for Navy officials to review and comment earlier in the process on proposed development in the AICUZ; and (2) strengthen its working relationship with the Navy and create an ongoing, open dialogue to address the Navy's concerns about potential encroachment at NAS Oceana. Navy Responsibilities: 1. Evaluate DDAs according to applicable land use criteria, Comp Plan, and CZO, except if stated otherwise in MOU; 2. Consider redevelopment to the same or lower density or intensity to not be subject to AICUZ Guidelines; 3. Evaluate incompatible development per the Navy's priorities and concerns as expressed in the Statement of Understanding 4. Interpret narrowly the "no other reasonable use" exception in the AICUZ Overlay Ordinance; 5. Evaluate DDAs within the Resort Area primarily to determine if they conform to applicable CZO requirements (density, design, etc.); 6. Reserve discretion to comment on incompatible development within 65-70 dB DNL; 7. Appear annually before City Council to provide status report on NAS Oceana, etc.; 8. Acknowledge that the Navy has no authority to (and does not intend) to limit City Council's authority over DDAs); 9. Within limits of national security, force protection and operation requirements, keep City apprised of changes to the Navy's AICUZ Program, research and studies related to aircraft, modifications to course rules and changes in Oceana's mission requirements. City Responsibilities: 1. Direct its communications to the Commanding Officer (CO) of NAS Oceana and, if City wishes to communicate with higher authority, address the matter first to the CO; 2. Continue to implement and adhere to the recommendations of the JLUS; 3. Apply the AICUZ Overlay Ordinance in a consistent manner and in accordance with its terms; 4. In 65-70 dB DNL, encourage compatible development to the greatest extent practicable; 5. On land covered by AICUZ Overlay Ordinance (>70 dB DNL), provide DDA applicants with Reasonable Use Exception Package (which requires applicant to provide certain information and state why there is no reasonable use that is compatible with AICUZ Program); On land within the 65-70 dB DNL NZ) provide applicants with Navy AICUZ Program Advisory Notice; 6. In determining whether there is an alternative use that is reasonable and compatible with AICUZ Program, consider the following factors: • economic viability of alternative uses; • compatibility of alternative uses with nearby properties • treatment of other similarly situated properties; • extent to which alternative uses conform to Comp Plan; 4 • topography and environmental conditions; • size of the property and the extent to which a portion of it may be developed with an alternative use; • on properties within >1 NZ, the extent to which proposed uses can be shifted to area where they would be deemed compatible 7. The City and Navy may also consider any other facts or circumstances, consistent with good zoning practice, as may be necessary or advisable to fully evaluate the DDA. Communication: 1. Intent is to ensure that there is a uniform process by which the Navy and City can work toward a mutual understanding of their respective positions on DDAs; 2. Whenever the City receives a DDA for a use that is deemed incompatible under either the AICUZ Overlay Ordinance or the OPNAV Instruction, the City will provide the Navy with all application materials, including the completed Reasonable Use Exception Package. 3. Navy and City Staff to will meet at least 30 days before the Planning Commission meeting at which the DDA is to be heard. The main purpose of these meetings is to determine whether there is an alternative use for the property that is both reasonable and compatible. If the proposed use is the only reasonable, compatible use, then the navy and City will determine the least reasonable density or intensity for the use. 4. For DDAs in the Resort Area, no meeting will be required as long as the proposed use complies with CZO and applicable design criteria. 5. Additional meetings to be held on request of either party. May include the CO and City Manager. 6. Planning Department's evaluation shall contain (1) applicable language from OPNAV Instruction; (2) AICUZ Overlay Ordinance and; (3) if applicable, the JLUS. It shall also include the Navy's comments/recommendations as authorized by the CO. 3 Other: Parties may enter into amplifying documents (e.g., technical clarification); 2. MOU to be reviewed annually and amended as the parties may deem appropriate. Either party may terminate MOU at any time; 3. Effective upon both parties signing. 4 o 00 � o� IADAM TH.OROUCHGOOD TA �� HOUSE OFFICE ce P9$CEL . o ADAM THOROHCOOD ° HO E MAIN PARCEL • C)UNTRy <>>f CLUB CIR o CD o C�� BAYVILLE CREEK TO LYNNHAVEN RIVER LOCATION. MAP SHOWING - RICHARD G. PARISE GPIN #1489-13-1417 SCALE: 1" 200' COUNTRY CLUB.DCN PREPARED BY P/vV ENG. DRAFT. let .> �Z wry CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Purchase and sale agreement of an 2.45 acre site to expand the site of the Adam Thoroughgood House National Historic Landmark MEETING DATE: February 13, 2007 ■ Background: In January 2005, the Board of Governors overseeing the Adam Thoroughgood House wrote the City to request that the City acquire a 2.45 -acre parcel of land adjacent to the Adam Thoroughgood House. City staff evaluated the site currently owned by Mr. Richard Parise and recommended its acquisition to the Open Space Subcommittee in order to further preserve the context of the Adam Thoroughgood House National Historic Landmark; preserve and enhance the existing buffer to the Lynnhaven River; and potentially serve as a public non -motorized watercraft access point on the City's Bayside History Trail. The Open Space Subcommittee was briefed about the site on several occasions in 2005 and 2006 and endorsed its acquisition each time. In addition to the above Board of Governors, the Lynnhaven River 2007 Executive Committee, the Thoroughgood Civic League, the Daughters of the American Revolution — Adam Thoroughgood House Chapter, and the Princess Anne CountyNirginia Beach Historical Society have endorsed the acquisition of the subject site. City Council has been briefed on several occasions over the past two years to discuss the evolving aspects of the potential acquisition of the site. City Council eventually endorsed its purchase for the amount of $850,000. City staff has been working over the past several months to complete title examination, land surveying and final terms of sale with the property owner, Mr. Richard Parise. ■ Considerations: The City and the current owner have reached an agreement on the parcel's purchase price and the terms of the acquisition. The purchase price is $850,000 and is recommended to be funded from the CIP 4.004 Open Space Program Site Acquisition project. ■ Public Information: The potential acquisition of the subject site has been discussed in several meetings that the public has attended including the Francis Land House and Adam Thoroughgood House Board of Governors, the Lynnhaven River 2007 Executive Committee, Thoroughgood Civic League, and the Princess Anne CountyNirginia Beach Historical Society meetings. ■ Alternatives: If the site is not acquired, the property has the potential to be developed in accordance with its R-40 single-family residential zoning. ■ Recommendations: Authorize the City Manager to acquire the Parise property through the City's Open Space Acquisition Program in order to further preserve the context of the Adam Thoroughood House National Historic Landmark; preserve and enhance the existing buffer to the Lynnhaven River; and potentially serve as a public non -motorized watercraft access point on the City's Bayside History Trail. ■ Attachments: Summary of terms, acquisition plat and acquisition ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: �-- � SUMMARY OF TERMS AGREEMENT FOR THE SALE OF APPROXIMATELY 2.45 ACRES OF PROPERTY LOCATED AT 4337 COUNTRY CLUB CIRCLE, VIRGINIA BEACH, VIRGINIA OWNER: Richard G. Parise BUYER: City of Virginia Beach SALE PRICE: $850,000 at Settlement by check. SETTLEMENT DATE: On or before thirty (30) days after Agreement of Sale is fully executed. SPECIAL TERMS AND CONDITIONS: • Property must be conveyed free and clear of all leases, tenancies and right of possession of any and all parties other than the City. • Buyer shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. • City shall bear all other costs of closing. V i\applications\citylawprod\cycom32\Wpdocs\D008\P004\00026030.DOC C) c SO oy O �� �p 0 `cnzAA he n X° F 55zmF O8 =a §zF AFz O c A oP -o o mo °° ajf TO °s�� m z• o o �y go c n n Z A F 6a T° 8"o z a"�o« f 2; i 9 0- i�vau �= a PARISH ROADFa3 °i icn }Y15h R (MA 39 PG rO�R� Z S w �O O z � 7• '� � Z Z A M' �a� ZZ o os z ° 2 i i s o z J0 > as Q Z vT nv mz w p n y m rn • z an��F p: z m m w3! si gWK -r) ■ _i o • Ori 2 I I m ?C V 1 26• � a € o c^� ? '~=�••��. coo m p :m \\ pd: �T`` $ m sywscP �\ ti2 rmG��i c �! ��� n c oa \\\ n', m r m io ti, � u (a tm •\ 3nz �Z� o 40 a O + m 2 ma p r i Y `A % O 3 r>? , x o ti A � 8 � Q• � •\ \ �~%�v y y1' ray I ! O, $ n • \ gG; Vim' i yam' I i .. $ z O X O. ---------- c --------- 0� n p nF oz Z �A S F Qo 2 -MLM' z m I y 6 � Im•1 m / -. L s � m Ni LYNNHAVEN RIVER g pyo' FLOOD z O AIL p O warn) VAn n we c°apNATE SarEµp • �' _ \ ���C • C]OtgwiE VNL¢ pO�FSVD M YSStMMY Fow + t U •vIM'� w VIW y o0 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 2.45 ACRES OF REAL 3 PROPERTY LOCATED AT 4337 COUNTRY 4 CLUB CIRCLE, VIRGINIA BEACH, 5 VIRGINIA, ADJACENT TO THE ADAM 6 THOROUGHGOOD HOUSE FOR $850,000 FROM 7 RICHARD G. PARISE 8 9 10 WHEREAS, Richard G. Parise ("Parise") owns a parcel of real 11 estate located at 4337 Country Club Circle, in the City of Virginia 12 Beach, Virginia (the "Property"); 13 14 WHEREAS, Parise desires to sell the Property to the City of 15 Virginia Beach (the "City"); 16 17 WHEREAS, because of its proximity to the Adam Thoroughgood 18 property, the City's Open Space Subcommittee has identified the 19 Property as a parcel to be considered for acquisition as part of 20 the City's open space initiative, and has recommended that the 21 Property be acquired for such purposes; 22 23 WHEREAS, the City Council of the City of Virginia Beach, 24 Virginia (the "City Council") is of the opinion that the 25 acquisition of the Property would further the City's open space 26 initiative; 27 28 WHEREAS, funding for this acquisition is available in the Open 29 Space Acquisition CIP account (CIP 4-004). 30 31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 1. That the City Council authorizes the acquisition of the 35 Property by purchase pursuant to § 15.2-1800 of the Code of 36 Virginia (1950), as amended, which Property is shown on Exhibit A 37 and a Summary of Terms is shown on Exhibit B, each attached hereto. 38 39 2. That the City Manager or his designee is further 40 authorized to execute all documents that may be necessary or 41 appropriate in connection with the purchase of the Property, so 42 long as such documents are in accordance with the Summary of Terms 43 attached hereto and acceptable to the City Manager and the City 44 Attorney. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the day of , 2007. CA -10170 V:\applicationsktitylawprod\cycom32\ Wpdocs\DOOR\P004\00026029.DOC R-1 February 5, 2007 APPROVED AS TO CONTENT: Public Works/Real Estate APPROVED AS TO CONTENT: WMrmm� _, APPROVED AS TO ..-LEGAL .,, SUFFICIENCY: City Attorney's Office Exhibit A ADAM THOROUGHGOOD TA � HOUSE OFFICE U T5CEL 0 ADAM THORqD, HGOOD ° HO&SE MAIN PARCEL COU >> N7TRy CLUB CIR. f E�D a E-�D Q:D C:::�] CD a BAYVILLE CREEK TO LYNNHAVEN \ u RIVER C—� C3 LOCATION MAP SHOWING - RICHARD G. PARISE G PI N #1489-13-1417 SCALE: 1" = 200' COUNTRY CLUB.DGN PREPARED BY PNV ENG. DRAFT EXHIBIT B SUMMARY OF TERMS AGREEMENT FOR THE SALE OF APPROXIMATELY 2.45 ACRES OF PROPERTY LOCATED AT 4337 COUNTRY CLUB CIRCLE, VIRGINIA BEACH, VIRGINIA OWNER: Richard G. Parise BUYER: City of Virginia Beach SALE PRICE: $850,000 at Settlement by check. SETTLEMENT DATE: On or before thirty (30) days after Agreement of Sale is fully executed. SPECIAL TERMS AND CONDITIONS: • Property must be conveyed free and clear of all leases, tenancies and right of possession of any and all parties other than the City. • Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. • City shall bear all other costs of closing. V:\applications\citylawprod\cycom32\WpdocsUMS\PO04\00026030.DOC el 0 0 0 • • -0- CITY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess City Property located adjacent to the rear of Lot 8, Block 5, Chesapeake Shores and being a portion of the 20' strip around Lake Joyce to Bil-Mar Constr., Ltd., a Virginia corporation. MEETING DATE: February 13, 2007 ■ Background: Bil-Mar Constr., Ltd. ("Bil-Mar"), purchased Lot 8, Block 5, Chesapeake Shores, a single family lot located on Lee Avenue adjacent to the City's property known as the 20' strip around Lake Joyce. On February 2, 2005, the BZA granted a variance for lot coverage for the construction of a single family home on this lot. The variance was granted based on the survey furnished with the application. When the site plan was submitted for approval, staff found discrepancies in the location of the property lines as shown on Bil-Mar's survey and as shown on city survey records and the plat of Chesapeake Shores recorded in Map Book 8, page 82 in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Bil-Mar was unable to obtain site plan approval. Bil-Mar subsequently obtained a new survey showing the correct property lines. Bil-Mar is requesting that the City sell them 687 square feet of the City's 20' strip that adjoins the rear of Bil-Mar's property, which would then provide Bil-Mar with adequate lot coverage to construct the proposed three story dwelling. Over the years property owners adjacent to Lake Joyce have illegally filled the area lying between their platted lot lines and the 20' strip around the lake. BeWcause :of #lis.fileia[ fill. = e The City acquired title to Lake Joyce and the 20' strip around Lake Joyce and Lake Bradford and the 100' strip around Lake Bradford from the City of Norfolk by deed dated July 21, 1967. Council previously approved the sale of small portions of the strip around Lake Bradford to two adjacent property owners because each owner was able to demonstrate a hardship. In one case the house encroached 6' to 8' into the strip. The property owners died and their heirs could not sell the property without first acquiring a portion of the strip from the City. In the other case, the elderly property owners needed to sell their house so they could move into an assisted living facility. Their house also encroached into the strip and they were unable to sell their house without first acquiring a portion of the strip from the City. ■ Considerations: The Excess City Owned Real Property Committee reviewed the applicant's request and recommended that the portion of land containing 687 square feet and located adjacent to the rear of Lot 8, Block 5, Chesapeake Shores and adjacent to Lake Joyce be declared excess by City Council. There were no objections to conveying it to the adjoining property owner, Bil-Mar Constr., Ltd., a Virginia corporation. The appraised value is $14,000 ($20.37 S.F.). ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: • Sell the portion of the City's 20' strip adjacent to Lake Joyce, consisting of 687 square feet, to Bil-Mar Constr., Ltd. • Do not sell the portion of the City's 20' strip adjacent to Lake Joyce to Bil-Mar Constr., Ltd. and continue with the policy that the strips around Lake Joyce and Lake Bradford will not be sold, unless in extreme hardship cases. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Location Map, Summary of Terms, Agreement and Physical Survey Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate City Manager: V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\00027754.DOC I AN ORDINANCE DECLARING CERTAIN 2 PROPERTY LOCATED ADJACENT TO THE 3 REAR OF LOT 8, BLOCK 5, CHESAPEAKE 4 SHORES AND BEING A PORTION OF THE 5 20' STRIP AROUND LAKE JOYCE EXCESS 6 OF THE CITY'S NEEDS AND 7 AUTHORIZING THE CITY MANAGER TO 8 EXECUTE AN AGREEMENT OF SALE AND 9 CONVEY SAME TO BIL -MAR CONSTR., 10 LTD. 11 12 13 WHEREAS, the City of Virginia Beach acquired ownership 14 of Lake Joyce and the 20' strip around Lake Joyce from the City 15 of Norfolk by Deed recorded in the Clerk's Office of the Circuit 16 Court of the City of Virginia Beach, Virginia in Deed Book 1018, 17 page 154. 18 WHEREAS, the City of Norfolk released the reverter and 19 restrictions contained in Deed Book 1018, page 154 by that 20 Release of Reverter and Use Restriction recorded in Deed Book 21 4667, page 1642 in the aforesaid Clerk's Office; and 22 WHEREAS, the City Council is of the opinion that the 23 property identified as 112A" and 112B" (the "Property") on the 24 attached Exhibit "A" entitled "EXHIBIT PLAT SHOWING PROPERTY TO 25 BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH, VIRGINIA LOT 8, 26 BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES (M.B.8, P.82)" is in 27 excess of the needs of the City of Virginia Beach. 28 WHEREAS, Bil-Mar Constr., Ltd., a Virginia corporation 29 ("Bil-Mar"),has proposed to purchase the Property from the City. 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 THAT the Property is hereby declared to be in excess 33 of the needs of the City of Virginia Beach and that the City 34 Manager is hereby authorized to execute the Agreement of Sale 35 and any necessary documents to effectuate the sale of the 36 Property to Bil-Mar Constr., Ltd., a Virginia corporation; 37 THAT the Property and Bil-Mar's adjacent property 38 shall be resubdivided at Bil-Mar's expense to eliminate interior 39 lot lines for the Property and Bil-Mar's adjacent property; 40 THAT the Property shall be conveyed in accordance with 41 the attached Summary of Terms marked as Exhibit "B", and such 42 other terms, conditions or modifications as may be satisfactory 43 to the City Attorney. 44 This ordinance shall be effective from the date of its 45 adoption. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the day of 1 2007. CA -10175 X:\OID\REAL ESTATE\Excess\Bil-Mar Constr\Revised Ordinance Excess Property.doc V:\applications\citylawprod\cycom32\Wpdocs\D006\P001 \00027753.DOC R-1 PREPARED: 1/30/07 APPROVED AS TO CONTENT Q&nU C. 04--W 66 %- U Public Works, Real Estate APPROVED AS TO LEGAL SUFFICIENCY &a'a -a /U� ,(fes.) ity Attomey "EXHIBIT A" a_ Z LO w V w ry- co O N C, m w = N O N pp P�1 O I so Of ZZ � c m ~ LU h So Y ���U ��0� ^Qqq��++ Y`�ON^O ;Q� .'[ ul� �V 0 vai ® ow n Q oLJ mii� 0� m.."�.. x ks ��Cp 0]Uao U o ® �-0 Q ¢� IaJO� 1 U yN 3 Q o �qo m��z �0Om ¢N=OD Q� ,%'co H a v oY W t� m a x � o �R 0 ry- or 5; C7 mr. O OR o? m OR N =O m Wm $im CL LD �U UQ LL O > J O� C "n OR O O= Z aN = O W W V)Z C S fw/1 d OJ OF. Vi m o av a 7 O rw m 00 N I J J N W O V] N q N O Ln w W w N o fm d O g� l Z�/ GYM� 4�5►8 ARA 46 Q � � oz�nno II W tOn o W m .� N W Zz .iS'l9 ALBZ,mom I lad i.°.i S I1 N \.4J 1 ao.00' ' U foW Y �517'17'25'E z = W o 7.00' p =gym �aU �25Q m 26•nCt2.1 <NN DF4 �oc4 W AIA zg'a U �fi I I i (� b 1 00 0 Ail ^ I n OCW mR2 mm+ nHn U "EXHIBIT B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT LAKE JOYCE SELLER: City of Virginia Beach PURCHASER: Bil-Mar Constr., Ltd., a Virginia corporation PROPERTY: 687 square feet of property located within a portion of the 20' strip of property adjacent to Lake Joyce and adjacent to the rear of Lot 8, Block 5, Chesapeake Shores. LEGAL DESCRIPTION: All those certain lots, tract or parcels of land, together with any improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and designated and described as "2A" and "2B" and consisting of a total of 687 square feet as shown on that certain plat entitled: "EXHIBIT PLAT SHOWING PROPERTY TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH, VIRGINIA LOT 8, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES (M.B.8, P.82)", dated May 1, 2006 and revised through January 22, 2007, Scale: 1" = 20', prepared by The Spectra Group. SALE PRICE: FOURTEEN THOUSAND DOLLARS ($14,000.00), fair market value CONDITIONS OF SALE • The Purchaser shall, at the Purchaser's expense, resubdivide the property and vacate internal lot lines to incorporate the 687 square feet into Lot 8, Block 5, Chesapeake Shores. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to any construction. • The Purchaser shall adhere to all zoning ordinances. • The Purchaser shall provide a physical survey. V:\application�citylawprodcycom32Wpdocs\D006\P001\00027757.DOC CITY OF VIRGINIA BEACH A ITEM: Ordinance to authorize advance acquisition of property located on Oceana Boulevard (GPIN 2417-20-1699) in fee simple, for Southeastern Parkway/Greenbelt Project (CIP 2-089), either by agreement or condemnation. MEETING DATE: February 13, 2007 ■ Background: The Southeastern Parkway/Greenbelt project (the "Project") will construct 11.5 miles of four -lane divided highway in phases from 1-264 to the City line with Chesapeake. The Project is funded for site acquisition of right-of-way, corridor studies and preliminary environmental work. The Project is currently programmed and funded in the City's Capital Improvement Program, CIP 2-089. The Project is still in the early stages of design, but several sites within the alignment have already been acquired by voluntary acquisition or condemnation and the general preferred alignment has been established. The property to be acquired is comprising approximately 0.355 acres. Southern Boulevard to the north and the south (the "Property"). The Property is Lake" that are still privately owned. The the >75 Ldn noise zone. a ten -foot -wide strip (half of a private road) It is located along Oceana Boulevard, between main gate to Oceana Naval Air Station to the one of three remaining parcels on "Whitehurst Property is not located in the APZ-1; it is within In addition to being necessary for the Project, the Property is also necessary for a needed long-term navigational and storm water dredging disposal area. Over one million cubic yards of disposal capacity remain available in the lake, and such a disposal area could serve the City and its residents for years. The proposed use as a dredged material disposal site is in compliance with the Navy's restrictive easements, and was therefore approved by the Navy (see attached letter from Capt T. Keeley, USN dated September 28, 2005). Additionally, the City's consultant for the Western Branch Lynnhaven River dredging project assessed the site and offered a letter confirming their expectation that the site will be approved by the regulatory agencies as a dredged material disposal site (also attached — dated March 27, 2006). ■ Considerations: The City has agreements to purchase the Property and two adjacent parcels; however, title issues affecting the Property make condemnation necessary for this 10 -foot strip. The current owners of the Property are willing sellers at a purchase price of $7,000, and this would be a friendly condemnation. ■ Alternatives: (1) Authorize acquisition of the Property in its entirety; or (2) acquire the Property subject to the clouds on the title; or (3) do not acquire the site. ■ Recommendations: The staff recommends that City Council approve the attached acquisition Ordinance, which authorizes the acquisition of the needed property in fee simple by condemnation. ■ Attachments: 1) Acquisition Ordinance 2) Location Map, showing future alignment 3) Letter from Keeley 4) Letter from Waterway Recommended Action: Approval Submitting Department/Agency: Public Works PAD City Manager: V-, b-oZ 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY ON OCEANA 3 BOULEVARD (GPIN 2417-20-1699), IN 4 FEE SIMPLE FOR SOUTHEASTERN 5 PARKWAY/GREENBELT PROJECT (CIP 2- 6 089), EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia 11 Beach, Virginia, a public necessity exists for the construction of 12 this important roadway project to reduce traffic congestion and 13 improve transportation within the City, for the construction of a 14 dredged material disposal site, and for other related public 15 purposes for the preservation of the safety, health, peace, good 16 order, comfort, convenience, and for the welfare of the people in 17 the City of Virginia Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 Section 1. That the City Council authorizes the acquisition 21 by purchase or condemnation pursuant to Sections 15.2-1901, et 22 sec., Sections 33.1-89, et sec.., and Title 25.1 of the Code of 23 Virginia of 1950, as amended, of property in fee simple known as 24 GPIN 2417-20-1699 (the "Property"), and also described as: 25 2417-20-1699 26 27 All that certain lot, tract or parcel of land 28 together with the improvements thereon, 29 situate, lying and being in the City of 30 Virginia Beach, Virginia, designated and 31 described as shown as "PROPERTY OF MYRTLE G. 32 WHITEHURST (D.B. 2921, PG. 1334) GPIN: 2417- 33 20-1699" also collectively shown as "AREA 1" 34 and "'AREA 2" as shown on that certain plat 35 entitled: "PLAT SHOWING PROPERTY TO BE 36 ACQUIRED FROM MYRTLE G. WHITEHURST BY THE THE 37 [SIC] CITY OF VIRGINIA BEACH, VIRGINIA FOR 38 SOUTHEASTERN PARKWAY & GREENBELT VIRGINIA 39 BEACH, VIRGINIA", dated January 23, 2007, 40 Scale: 1" = 100', prepared by Patton Harris 41 Rust & Associates, Inc., to which reference is 42 made for a more particular description. 43 44 45 Section 2. That the City Manager is hereby authorized to make 46 or cause to be made on behalf of the City of Virginia Beach, to the 47 extent that funds are available, a reasonable offer to the owners 48 or persons having an interest in said Property. If refused, or if 49 the owner is unable to convey clear title to the Property, the City 50 Attorney is hereby authorized to institute proceedings to condemn 51 said Property. 52 Adopted by the Council of the City of Virginia Beach, 53 Virginia, on the day of , 2007. CA10172 V:\applications\citylawprod\cycom32\Wpdocs\D023\PO01\00026709.DOC R-1 February 5, 2007 APPROVED AS TO CONTENT 111 L UBLIC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND -'FORM CITY ATTORNEY DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2191 Mr. S. Van Essendelft, P.E. City of Virginia Beach Office of Beach Management Municipal Center, Building 2, Room 340 2405 Courthouse Drive Virginia Beach, VA 23456-9031 Dear Mr. Van Essendelft: IN REPLY REFER TO: 5726 Ser 33/577 September 28, 2005 Thank you for the opportunity to review your letter dated August 16, 2005., concerning the city's proposed use of property along Oceana Boulevard adjacent to the northeast border of the base. A Real Estate Contracting Officer at Naval Facilities Engineering Command, Mid -Atlantic has completed a thorough review of the proposed request. I have reviewed and support the attached copy of the Review and Findings which has determined the proposed use of the property as a dredge material placement site to be in compliance with the terms and conditions of the restrictive easement, as long as, the facility does not exceed the 172 feet above mean sea level height restriction. Be aware that our determination is based on representations of the use of the property. Any change in use from that represented will render this determination void. Please be advised that the Navy will periodically conduct random reviews, in the field, of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. If you have any questions, please contact Mrs. Patty Hankins, at 444-3346, ext. 316. Sincerely T. K ' ,,EY Cap in, Enclosure: Real Estate Contract Findings and very respectfully, S . Navy Officer cer's Review And Copy to: COMNAVREG MIDLANNT NAVFAC MIDLANT (Codes ARE 73, 82 and RES) EI -00348/0352/0544 12 September 2005 REAL ESTATE CONTRACTING OFFICER'S REVIEW AND FINDINGS MOW RecGivedr City of Virginia Beach, Office of Beach Management ltr dated 16 August 2005 Proposed PYoint-- City's proposed expansion of an existing disposal area along Oceana Boulevard Background: The City of Virginia Beach is in the preliminary stage of considering the expansion of an existing disposal area located along Oceana Boulevard adjacent to the northeast border of NAS Oceana. City proposes use of the lake area to the north as a dredge material Placement site. The City provided GPIN numbers (GPIN: 2417-22-6139, GPIN: 2417-20- 3952, GPIN: 2417-20-1699 and GPIN: 2417-22-3629) for the proposed projects and requested Navy confirm the existence of restrictive'use easements and determine whether or not the potential use as a dredge material' disposal site would'be allowed for those parcels. Review of xe� �ta,.e r���- Review of Navy records identify the proposed site considered .for development to be Parcels 460/A, 461 and 475. The United States acquired certain rights over Parcel 460/A. by Grant of Easement.dated 31 August 1982 and is recorded in Deed Book 2216, Page 1392, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The United States acquired certain rights .over Parcel 461 by Grant of Easement dated 22 September 1982 and is recorded in Deed Book 2218, Page 1559, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The United States acquired certain rights over Parcel 475 by Declaration of Taking filed 18 October 1983 and is recorded in Deed Book 2303, Page 1009, in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Review. of the aforementioned easements and Declaration of Taking confirms the wording is the same for the prohibited and permitted uses in all three documents. Also, all three documents contain height restrictions that restricts and prohibits .the owner from erecting, constructing, growing, installing; creating or continuing, whether pubic or private, any structure, building, antenna, tower, wire, tree, or other obstruction, whatever its nature, extending more than 172 feet above mean sea level on the properties. Based on the description provided by the City Development Review, and review of the easements and Declaration of Taking, it is noted that a dredge material placement site is not identified in the list of prohibited uses. While it is not specifically identified in the allowed uses it appears to similar to uses identified Paragraph 4.n. 1 EI -0.0345/0352/0544 12 September 2005 which allows "...bulk storage yards. -including, without limitation, the delivery of merchandise by truck, van, ship; railroad, or any .combination thereof, except as prohibited herein". Since a dredge material disposal site is not prohibited, it is therefore allowed. Conclasion: Based on the proposed use of the City, identified by Mr. S. Van'Essendelft, and the rights acquired by the United States in the above-described easements and Declaration. of Taking, the proposed use of the parcel.s for a dredge material placement site is found to be in compliance and therefore allowed, as long as, the building does not exceed the height restrictions in the Declaration of Taking. MATTHEW D. KURT Real Estate Contracting Officer 2 Surveys & Engineering, Ltd. Phone (757) 490-1691 1348 March 27, 2006 Stephen Van Essendelft, P.E. Office of Beach Management Department of Public Works 2405 Courthouse Drive Virginia Beach, VA 23456 321 Cleveland Place, Virginia Beach, VA 23462 Re: Proposed Future Use of Whitehurst Lake in Virginia Beach, Virginia Dear Mr. Van Essendelft, Fax (757) 490 - The reclamation of Whitehurst Lake appears to be an extremely beneficial and cost effective solution to the disposal of dredged materials. Disposal options are often extremely limited and directly impact the design and cost of most dredging projects. The potential for Whitehurst Lake as a long term dredged material management facility would be a major asset to the City of Virginia Beach. Because the City is not yet prepared to make a complete application, it is difficult to determine the exact regulatory authority and permitting requirements for the use of Lake Whitehurst as a dredged material disposal site. However, based on general research and our experience in working with dredging and disposal projects, it is of our opinion that this endeavor will be permitted through the various regulatory agencies and will help solve many of the municipal disposal issues. In fact, several discussions have ensued to suggest that the regulatory agencies are interested in the selection of a site for long-term disposal of dredged material. Once the permits have been issued for the reclamation of Whitehurst Lake, then this could in fact help to expedite permitting the dredging of municipal storm water facilities and possibly navigation channels. The permitting time frame may be lengthy and will probably require at the minimum a wetland delineation, closure plan and mitigation for impacts to fringe wetlands. These are routine environmental procedures and once accomplished the benefits will be immediately realized. If you have any other questions regarding the potential future use of Whitehurst Lake, please do not hesitate to contact Waterway Surveys & Engineering, Ltd. Sincerely, Rebecca S. Francese, REM Sr. Environmental Scientist J IAa� 6: 0 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement over Property Identified as GPINs 2412-31-8710 and 2412-41-4277 and the Issuance by the City of its Contract Obligations in the Maximum Amount of $632,145. (Property of Nelson Scott Morris) MEETING DATE: February 13, 2007 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the encouraging the purpose of promoting and g g preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied b perpetual agricultural land preservation easements pursuant to which only agricultural uses,as ' defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers b the City ty t o purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of two(2) It arcels of land havin approximately 68.34 acres outside of marshland or swampland.It is owned by Nelson Scott Morris. Under current development regulations, there is a total development potential of six (6) single-family dwelling building sites, one (1) of which would be reserved for future development as a 3 -acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Pleasant Ridge Road, in the District of Princess Anne. The proposed purchase $632,145. This price is the equivalent of a price, as stated in the ordinance, is acquired. approximately $9,675 per acre of easement W�j The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.9400% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.9400% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: IN 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT OVER 4 PROPERTY IDENTIFIED AS GPINS 2412-31-8710 AND 5 2412-41-4277 AND THE ISSUANCE BY THE CITY OF 6 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM 7 PRINCIPAL AMOUNT OF $632,145 (PROPERTY OF 8 NELSON SCOTT MORRIS) 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights as 17 defined in the Installment Purchase Agreement) on certain property 18 located in the City identified as GPINs 2412-31-8710 and 2412-41- 19 4277 and more fully described in Exhibit B of the Installment 20 Purchase Agreement for a purchase price of $632,145; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 3.9400% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 5.9400% unless the approval of 43 the City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further -determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 49 Installment Purchase Agreement and, subject to the determination of 2 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 54 and deliver the Installment Purchase Agreement in substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The city council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 Adoption requires an affirmative vote of a majority of all 70 members of the City Council. 3 71 Adopted by the Council of the City of Virginia Beach, 72 Virginia, on this day of CA -10171 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\00026607.DOC R-1 DATE: 1/25/07 APPROVED AS TO CONTENT: Agricu ture Departm nt CERTIFIED AS TO AVAILABILITY OF FUNDS: x'!21 ibig - . - 2007. APPROVED AS TO LEGAL SUFFICIENCY: City Atto ey's Office 4 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-78 SUMMARY OF MATERIAL TERMS SELLER: Nelson Scott Morris PROPERTY LOCATION: 1800 Pleasant Ridge Road, Princess Anne District PURCHASE PRICE: $632,145. EASEMENT AREA: 68.34 acres, more or less DEVELOPMENT POTENTIAL: 6 single-family dwelling sites (5 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.9400% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.9400% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. 0 ry m m N 4-1L N O L- CL CL L O O U U) NOSH epo in rf- a a N X CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Rudee located at the rear of 2 Caribbean Avenue, for property owners, William R. Schonauer and Karen P. Schonauer. MEETING DATE: February 13, 2007 ■ Background: William R. and Karen P. Schonauer purchased their property in 2002. At the time of purchase there were existing encroachments that were not reviewed or approved by the City of Virginia Beach. In 2003 the existing encroachments were damaged by Hurricane Isabelle. Mr. and Mrs. Schonauer are now asking permission from the City to reconstruct and maintain the existing pier, float, ramp, riprap, and mooring pile upon the City's property known as Lake Rudee located at the rear of 2 Caribbean Avenue. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachment agreements and permits issued by the City in Lake Rudee, which is where the Schonauer's have requested to encroach. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Location Map and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate rob �Cae �6 City Manager: �t 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY PROPERTY KNOWN AS LAKE 6 RUDEE LOCATED AT THE REAR OF 7 2 CARIBBEAN AVENUE, FOR THE 8 PROPERTY OWNERS, WILLIAM R. 9 AND KAREN P. SCHONAUER 10 11 WHEREAS, William R. Schonauer and Karen P. Schonauer desire 12 to construct and maintain a pier, float, ramp, riprap, and 13 mooring pile upon City property known as Lake Rudee located at 14 the rear of 2 Caribbean Avenue, Virginia Beach, Virginia. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 17 authorize temporary encroachments upon City property subject to 18 such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof 22 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 23 as amended, William R. Schonauer and Karen P. Schonauer, their 24 heirs, assigns and successors in title are authorized to 25 construct and maintain temporary encroachments for a pier, 26 float, ramp, riprap, and mooring pile on City property known as 27 Lake Rudee as shown on the map marked Exhibit "A" and entitled: 28 "REAL ESTATE ENCROACHMENT REQUEST FOR: WILLIAM R. AND KAREN P. 29 SCHONAUER GPIN: 2427-00-1851 LOT E, SHADOW LAWN HEIGHTS (INST. 30 200212233084516) BEACH DISTRICT DATE: DEC. 3, 2006," a copy of 31 which is on file in the Department of Public Works and to which 32 reference is made for a more particular description; and 33 BE IT FURTHER ORDAINED, that the temporary encroachments 34 are expressly subject to those terms, conditions and criteria 35 contained in the Agreement between the City of Virginia Beach 36 and William R. Schonauer and Karen P. Schonauer (the 37 "Agreement"), which is attached hereto and incorporated by 38 reference; and 39 BE IT FURTHER ORDAINED, that the City Manager or his 40 authorized designee is hereby authorized to execute the 41 Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 43 effect until such time as William R. Schonauer and Karen P. 44 Schonauer and the City Manager or his authorized designee 45 execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the day of 2007. CA -10167 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA 10167 Schonauer.doc V:\applications\citylawprod\cycom32\Wpdocs\D025\P001\00026928.DOC R-1 PREPARED: 1/25/07 APPROVED AS TO CONTENTS G WIL IC WORKS, REAL ESTATE APPROVED AS TO LEGAL FICIEN Y AND F/gRM C T`N ATT0RN PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ��. ' day of 2007, by and � between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM R. SCHONAUER, and KAREN P. SCHONAUER, and THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot E", Shadow Lawn Heights Subdivision, as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 1 THRU 5 — BLOCK 53 MAP OF SHADOW LAWN HEIGHTS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200211223068923, and being further designated, known, and described as 2 Caribbean Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a pier, float, ramp, riprap, and mooring pile, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and GP1N (CITY PROPERTY — NO GPIN) 2427-00-1851 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain plat entitled: "REAL ESTATE ENCROCHMENT REQUEST FOR: WILLIAM R. and KAREN P. SCHONAUER GPIN: 2427-00-1851 LOT E, SHADOW LAWN HEIGHTS (INST. #: 200212233084516) BEACH DISTRICT DATE: DEC. 3, 2006," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of 3 the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William R. Schonauer and Karen P. Schonauer, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the El City of Virginia Beach has caused this Agreement to be executed in their names and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk William R. Sc onauer Karen P. Schonauer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit - The foregoing instrument was acknowledged before me this day of . 2007, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF ss, `� CITY/COUNTY OF V1�Z.i�' U , to -wit: The foregoing instrument was acknowledged before me this day of 1, '" o dayle , 2007, by William R. Schonauer. 1� "1 otary Public My Commission Expires: ! W STATE OF , 4 CITY/COUNTY OF LCl tt,iW , to -wit: The foregoing instrument was acknowledged before me this 64'h day of 2007, by Karen P. Schonauer. 1 Itu Notary Public My Commission Expires: 2 APPROVED AS TO CONTENTS SI NATURE F kW c �f DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM t 1� X:\Projects\EncroachmentsWpplicants\Schonauer, William & Karen - KMJ\Agreement.doc EXHIBIT "A" CHANNEL LINES AND POINTS WITHIN THIS DRAWING WERE ROTATED/TRANSLATED FROM THE ORIGINAL NAD27 U.S. SURVEY FOOT ORIENTATION TO NAD83 INT. FT. HOLDING PT.351 (0+00) AND ROTATING AND STRETCHING TO FIT TO PT.358 (41+00). COORDINATED WERE TRANSLATED VIA CORPSCON v5.11.08, RESULTING INTERMEDIATE STATIONS COORDS CHECK WITHIN 0.001' WHEN COMPARED WITH CORPSCON CONVERTED VALUES m �y 3 1a 60 hry 9 CARIBBEAN . 1 9� AVENUE (50') Ff y FG8.2 ? FG8.30 16 IPF FL7.3 FL 7. 160' TO CLOSE AVE. / 0 Lu Lu Li �yy J a Cl Z Z I- J Z) N z 0 U z 0 tL rY 3 0 0 N 0 N/F II X DELMAS JAMES 0 0 Lo 3 0) Lo 0 N LOT F �1 IPF .ti e�l 10 IPF AT • LOT E PROPOSED RAMP �'•�i�'1''� 0o a X ,1PGo00 QF' �r �A a1* 01 ►p FA ---_-_ ---jam--5 I N / FREDERICK R. LEVITI4 APO 2 1 .1p J kr 3 �PROPOSED 12' 19' ?pp, (O N01' NJ PROPOSED MOORING OQ PILE �a 3 ?0 0 1 � N/F p P R POS D CITY OF VIRGINIA BEACH J REAR PROPERTY LINE TABLE 1 30.00' N 85'37'16" W 2 30.00' N 72'05'47" W 3 29.65' N 67'32'33" W 4 24.83' N 58.45'11" W 5 7.03' N 41'09'05" W -PLAN VIE W SCALE I" = 25' WATERFRONT REAL ESTATE ENCROACHMENT REQUEST CONSULTING, INC FOR: WILLIAM R. and KAREN P. SCHONAUER 1112 JENSEN DRIVE, STE. 206 GPIN: 2427-00-1851 VIRGINIA BEACH, VA 23451 LPH: (757) 425-8244 FAX: (757) 216-6687 LOT E, SHADOW LAWN HEIGHTS ENGINEERING SERVICES PROVIDED BY. (INST. #: 200212233084516) BEACH DISTRICT PCC, LLC (757) 773-8084 SHEET 1 OF 1 DATE: DEC. 3, 2006 meq, �m C1_ � %w ' r�DAM NECK47 �1� S\ LOCATION MAP ENCROACHMENT REQUEST FOR CARL AND LORI PETERSON 2021 FALLING SUN LANE GPIN 2414-44-9678 Prepared by RW./Eng./Eng. Support Servioes Bureau 8/14/06 X:\Projects\ARC Files\Agenda Maps AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property in Red Mill Subdivision known as the 100' drainage right of way located at the rear of 2021 Falling Sun Lane, for property owners, Carl D. Peterson and Lori A. Peterson. MEETING DATE: February 13, 2007 ■ Background: Carl D. Peterson and Lori A. Peterson have requested permission to remove and reinstall an existing fence, maintain an existing shed and construct and maintain 100 linear feet of rip rap revetment upon City property known as the drainage right of way at Red Mill Farm subdivision located at the rear of 2021 Falling Sun Lane, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the drainage right of way at Red Mill Farm subdivision. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add- conditions ddconditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Location Map and Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manageeg �_ 7�� 6-10� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY IN 6 RED MILL FARM SUBDIVISION 7 KNOWN AS THE 100' DRAINAGE 8 RIGHT OF WAY LOCATED AT THE 9 REAR OF 2021 FALLING SUN LANE 10 FOR THE PROPERTY OWNERS CARL 11 D. PETERSON AND LORI A. 12 PETERSON 13 14 WHEREAS, Carl D. Peterson and Lori A. Peterson desire to 15 remove and reinstall an existing fence, maintain an existing 16 shed and construct and maintain 100 linear feet of rip rap 17 revetment in a portion of City property known as the drainage 18 right of way at Red Mill Farm subdivision located at the rear of 19 2021 Falling Sun Lane, Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments upon the City's property 23 subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Carl D. Peterson and Lori A. Peterson, their heirs, 29 assigns and successors in title are authorized to remove and 30 reinstall an existing fence, maintain an existing shed, 31 construct and maintain 100 linear feet of rip rap revetment in a 32 portion of the City's property known as the 100' drainage right 33 of way at Red Mill Farm subdivision as shown on the maps marked 34 Exhibits "A" and "B" and titled: "ENCROACHMENT SCALE: 1" = 20' 35 FOR LORI PETERSON 2021 FALLING SUN LANE VIRGINIA BEACH, VA 36 2345411, and dated May 12, 2006, revised October 19, 2006, a copy 37 of which is on file in the Department of Public Works and to 38 which reference is made for a more particular description; and 39 BE IT FURTHER ORDAINED, that the temporary encroachments 40 are expressly subject to those terms, conditions and criteria 41 contained in the Agreement between the City of Virginia Beach 42 and Carl D. Peterson and Lori A. Peterson (the "Agreement"), 43 which is attached hereto and incorporated by reference; and 44 BE IT FURTHER ORDAINED, that the City Manager or his 45 authorized designee is hereby authorized to execute the 46 Agreement; and 47 BE IT FURTHER ORDAINED that this Ordinance shall not be in 48 effect until such time as Carl D. Peterson and Lori A. Peterson 49 and the City Manager or his authorized designee execute the 50 Agreement. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the day of 2007 2 CA -10164 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10164 Peterson.doc V:\applications\citylawprod\cycom32\Wpdocs\D029\P001\00024033.DOC R-1 PREPARED: 10/31/06 APPROVED AS TO CONTENTS kGNATURE .� Gay � ~ � L '_�► DEPA-TMENT APPROVED AS TO LEGAL FICIENC LFORM CITY ATTORNEY 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this lqfk day of 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CARL D. PETERSON and LORI A. PETERSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 885, Section 15, Red Mill Farm, as shown on that certain plat entitled: "SHEET 2 OF 2 SUBDIVISION OF RED MILL FARM SECTION FIFTEEN PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1" = 60' APRIL, 1986," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 2555, at page 1864, and being further designated, known, and described as 2021 Falling Sun Lane, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to remove and reinstall an existing fence, maintain an existing shed and construct and maintain 100 linear feet of rip rap revetment, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as the drainage right of way at Red Mill Farm subdivision, "the Encroachment Area"; and GPIN: 2414-44-7699 (100' drainage right of way at Red Mill Farm subdivision) 2414-44-9678 WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT: 1" = 20' FOR LORI PETERSON 2021 FALLING SUN LANE VIRGINIA BEACH, VA 23454", and dated May 12, 2006, revised October 19, 2006, a copy of which is attached hereto as Exhibits "A" and `B," to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and 2 expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. W, It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CARL D. PETERSON and LORI A. PETERSON, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk C! CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Carl D. Peterson ori A. Pete son STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA Vol-QQ CITY/�`r' OF (�eaCh, to -wit: n The foregoing instrument was acknowledged before me this day of Jam, , 2007, by Carl D. Peterson. Notary Public My Commission Expires: / 3 1/ / 5 STATE OF VIRGINIA /� Q _ _ CITY/G��/AT OF V B,(� , to -wit: The foregoing instrument was acknowledged before me this 2�ndday of Jou) aaV , 2007, by Lori A. Peterson. My Commission Expires: 11311.2 b0 9 APPROVED AS TO CONTENTS SIGNATURE ,- ZJ Pial � 2=all_ DEPARTMENT �.. �.' 7q. Notary. APPROVED AS TO LEGAL CIENCY AND FORM GAUSERS\SHARED\WP80\RE\Rea1 Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc I CIT?'Of.l�Ll.gER4ll1UOt1! TIpQL O2A0.GE CR90L a yil `'>tdar6C�0g f_ r� !/ATG M5T :. _ . }?JZ4 ' ... .20 +�44.1A .---� '2.9 � L ` ZX15% AT c5l7Y x c - >t _ A>I1 F1,11"r .Qom' -ply [:Z"E/��t » . -- • - 40.52'1 " v1V, �. � ; � . pK u v 34.2' o 0 0 0) O 3 to • Id r 2021 0 � .�• �„ la, X n I No 33 rW ? L=63.23' R=225.00' NOTE: A stu FENCE SHALL BE PROPERLY INSTALLED AND MAINTAINED SEAWARD OF ALL 5ISTUR6ED AREAS AT THE CONCLUSION OF E;CH W ORKDAY. AND WILL REMAIN Um It rRE SITE is STABILIZED WITH A VEGETAT1Yc COVER. These plans are for permit purposes only. No geotsohnical or structural borings have taken plats at this site. Contractor alidlor owner shall verity -jottom conditions: It shall be the owner's and/or contractor's responsibility to locate and mark any underground utilities or spftler systems." 'URPOSE: PREVENTEROSION IN: NON -TIDAL DRAINAGE CANAL ENCROACHMENT DATUM—. O.H.W. 00 SCALE:V = 20 AT: RE'D MILL FARM FOR LORI PETERSON Crrr VIRGINIA BEACH 4DSACENT PPOEERTr OWNERS: 2021 FALLING SUN LANE SATE: VIP.GfN1A 1) YANNEF VIRGINIA BEACH, VA 23454 2) 'A"IMBERI-EY _ DAit: 5/12/2006 SKEET NO. I. OF i FLINT CONSTRUCTION COMPAN 3712 ADAMS STREET PORTSMOUTH, VIRGINIA 23703 TEL. 75T-468-2277 EXHIBIT "B" �" `' • � ori, r--1 ` SA 'db ;'!LL- I �" F1'L7-6-,z- Cl-cr-H RICHARll T. SAR'I'ILM we, 1€335 y�A�tDL1tl1S.. F69 - NOTE: A SILT FENCE SHALL BE PROPERLY INSTALLED AND MANTAINED SEAWARD OF ALL DISTURBED AREAS ATTHE CONCLUSIDWOF EACH WORK DAY, AND WILL RE MAIN UNTIL IHE SITE IS STABILIZED WITH A VEGETATIVE COVER. "BULKHEAD AND OR PIER DESIGN IS BASED ON STANDARD DESIGN PRACTICES. ATYPICAL SITE CONDITIONS NOT VISIBLY APPARENT, HAVE NOT SEEN TAKEN INTO ACCOUNT " IURPOSE: PREVENT EROSION RIF' RAP SECTION � IN: NON -TIDAL DRAINAGE CANAL FOR DATUM. O.H,W. 0,00 LORI PETERSON AT: RED MILL FARM 2021 FALLING SUN LAKE GTi : VIRGINIA BEACH ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VA 23454 STATE: VIRGINIA 1) VJINIJE iT 2) VJIIv18ERLEY ! DATE : 5/12/2006 SHEET NO. �., OF ;L FLINT CONSTRUCTION 3712 ADAMS PORTSMOUTH VIRGINIA 23703 TFL. 737-468-2277 �r t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Sandler Center for the Performing Arts, Request for City Council Approval of Two Freestanding Signs, 201 Market Street, District 5 - LYNNHAVEN MEETING DATE: February 13, 2007 ■ Background: The Sandler Center for the Performing. Arts is located in the B -3A Pembroke Central Business Core District where the City Zoning Ordinance, Section 905(d)(4), requires that any freestanding signs must be approved by City Council. Two freestanding. signs, both of which would be located on the same lot as the Center property, are proposed. The first sign is proposed to be located at the corner of Independence Boulevard and Commerce Street and is designated as "M-1" on the attached site plan. It contains 46 square feet of sign face, including a 4'9" x 6'9" message board. The height of the proposed sign is 12 feet. It should be noted that this sign is proposed with one face and will be visible only to north bound traffic. A rendering of the proposed sign is attached. The second sign proposed will be near the corner of Commerce and Market Streets, at the entrance to the Plaza and is designated as "M-2" on the site plan. This plaza marquee is proposed at a height of 10.75 feet with a 70 square foot electronic message panel that wraps around the three sided, triangular sign. A rendering of the proposed sign is attached. This sign is a donor opportunity and will not be installed unless a donor is found to sponsor the sign. ■ Considerations: Section 905(d)(4) of the City Zoning Ordinance requires all freestanding signs in Town Center to be approved by City Council as being consistent with the general purpose and intent of the design provisions presented in the Pembroke Central Business District Master Plan. The Central Business District Design Review Committee approved the proposed signs on January 11, 2007 as being in keeping with the design criteria. The proposed signs meet the 12 foot maximum height restriction for freestanding signs in Virginia Beach. Attractively designed and reasonably sized, they will be a positive addition to the streetscape of Town Center and inform the public regarding performances at the Sandler Center. ■ Recommendations: Approval is recommended. ■ Attachments: Site Plan, Sign Elevations, Ordinance Recommended Action: Central Business District Design ReAew Committee recommends approval. Staff recommends approval. Submitting Department/Agency: Planning Department City Manage � � 1 AN ORDINANCE APPROVING TWO 2 FREESTRANDING SIGNS TO BE LOCATED 3 AT THE SANDLER CENTER FOR THE 4 PERFORMING ARTS, IN THE TOWN 5 CENTER 6 7 8 WHEREAS, the Virginia Beach Development Authority 9 (hereinafter "VBDA") is the present owner of the property upon 10 which the Sandler Center for the Performing Arts (hereinafter 11 the "Center") is located; and 12 13 WHEREAS, VBDA has made application to the City Council 14 for approval of two (2) free-standing signs to be located at the 15 Center; and 16 17 WHEREAS, Section 904(d)(4) of the City Zoning 18 Ordinance states that "all freestanding signs shall be approved 19 by the City Council, as consistent with the general purpose and 20 intent of the design provisions presented in the July, 1991, 21 Pembroke Central Business District Master Plan"; and 22 23 WHEREAS, the City Council has this day viewed 24 renderings and plans concerning the proposed signs, and is of 25 opinion that such signs are consistent with the general purpose 26 and intent of the design provisions presented in the July, 1991, 27 Pembroke Central Business District Master Plan; and 28 29 WEHEREAS, the City Council is further of the opinion 30 that the proposed signs are reasonable in size and height and 31 are attractive in design, and will be a"positive addition to the 32 streetscape of the Town Center; 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 35 CITY OF VIRGINIA BEACH, VIRGINIA: 36 37 That the City Council hereby approves the two (2) 38 proposed free-standing signs that are the subject of the 39 application, upon the condition that such signs conform to the 40 proposed renderings, including the design, size and height shown 41 thereon, and upon the further condition that the proposed signs 42 are located as shown on the plans exhibited to the City Council. 43 44 Adopted by the Council of the City of Virginia beach, 45 Virginia, on the day of 2007. 46 47 Approved as to Content: 48 49 50 51 52 Plannin I Departme',t Approved as to Legal Sufficiency: City Attorney's Office CA -10257 OID/ordres/towncentersignordin.doc R-1 January 31, 2007 2 ' �Hu'BEtc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate and Transfer Funds to CIP #3-322, Virginia Aquarium Original Exhibit Gallery Renovation, to Cover Increased Construction Costs and Enable Award of the Low -Bid Contract MEETING DATE: February 13, 2007 ■ Background: The City and the Aquarium Foundation entered into an agreement for the renovation of the original exhibits at the Virginia Aquarium and Marine Science Center. The City agreed to provide funding for the design and construction of the facility improvements to support the new Restless Planet exhibits and habitats. The Foundation agreed to provide funding for the design, construction, and. installation of the exhibits, habitats, and associated support components. In the FY 2006-07 CIP, the project cost estimate totaled $14,734,182, of which $6,234,182 was the City's share and $8,500,000 was the Foundation's share. On December 7, 2006, the City opened the bids for its general construction contract for the facility improvements. The bids for the City contract came in $5,167,117 higher than estimated and budgeted. To provide a 10% contingency for the project, a total of $5,606,006 is needed above the budgeted amount. Using a 4% contingency reduces the additional need to $4,856,006. The project was expected to be within budget back in August when the final estimate was prepared. The reasons for the higher than budgeted bids are varied, but suggest that the bids reflected the difficulties of the project that were not captured in the project estimate, such as: the project site is very inaccessible for materials and large equipment; inefficiencies of the phased construction necessary to keep the facility open for the twenty -month construction duration; the construction risk to accomplish the structural modifications to the building; the lack of available working and storage area in the immediate vicinity; and having to work out and over Owls Creek. The exhibit's portion of the construction bids came in at $1.5 million over budget. The Foundation has agreed to cover this amount. ■ Considerations: Since bid opening, the project has been reviewed to determine if any significant cost reductions are possible without impacting the intent and theme of the Restless Planet exhibits and habitat. Since the renovation is a "system" of exhibits and activities that are interdependent and are all necessary to tell the journey of water story through the Restless Planet exhibits, an exhibit cannot be eliminated without total redesign. Further, since the facility improvements are in direct support of those exhibits and habitats, there is very limited opportunity to reduce cost without a major redesign of the entire theme and concept. However, staff and the Aquarium Foundation are committed to doing everything to keep the project as tight as possible to reduce the costs. Staff requests City Council fund the $4,856,006 cost increase for the project with the appropriation of $206,006 from the General Fund Reserve for Contingencies and $4,650,000 of transfers from existing capital projects. The balance of the Reserve for Contingencies is $1,049,182 as of January 12, 2007 including the amount requested here. Transfer of appropriations from existing capital projects include: $4,000,000 from CIP #3-292, Virginia Aquarium Animal Care Annex. Despite this transfer of funds, design for the stranding center is still funded and will continue. Note that this project is now funded at $6,890,145, but is anticipated to require an additional $2,820,211. Staff is working to reduce the costs. To proceed to construction, this funding will need to be replaced and most likely increased in the FY 2007-08 CIP. ■ $250,000 from CIP #3-044, CIT - City Council Agenda Process Automation, which is now on hold. To proceed with this project, funding will need to be replaced in the FY 2007-08 CIP. $400,000 from CIP #3-045, CIT - Enterprise Data & Information Management Plan - Phase I, which is not scheduled to begin until July, 2007. To proceed with this project, funding will need to be replaced in the FY 2007-08 CIP. It should be emphasized that transferring funding from existing projects with the intent to replace in the FY 2007-08 CIP may be difficult given the overall issues that we will face in the CIP update. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Recommendations: Approve the ordinance in order to fully fund the Aquarium exhibit renovation project to avoid construction delay and further increased cost. ■ Attachments: Ordinance Recommended Action: Approval � Submitting Department/Agency: Departments of Museums and Public Works r nQpr City Manager: QI-YS �—/' .-C "' L-, I AN ORDINANCE TO APPROPRIATE AND TRANSFER FUNDS 2 TO CIP #3-322, VIRGINIA AQUARIUM ORIGINAL 3 EXHIBIT GALLERY RENOVATION, TO COVER INCREASED 4 CONSTRUCTION COSTS AND ENABLE AWARD OF THE 5 LOW -BID CONTRACT 6 7 WHEREAS, due to the difficulty and complexity of CIP #3-322, 8 Virginia Aquarium Original Exhibit Gallery Renovation, an 9 additional $4,856,006 must be appropriated to the project to cover 10 increased construction costs and allow the awarding of the low -bid 11 contract for this project; and 12 WHEREAS, the additional amount needed may be appropriated from 13 the General Fund Reserve for Contingencies and transferred from CIP 14 #3-292, Virginia Aquarium Animal Care Annex, CIP #3-044, CIT - City 15 Council Agenda Process Automation, and CIP #3-045, CIT - Enterprise 16 Data and Information Management Plan - Phase I. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 (1) That $206,006 from the General Fund Reserve for 20 Contingencies is hereby appropriated to CIP #3-322, Virginia 21 Aquarium Original Exhibit Gallery Renovation. 22 (2) That $4,000,000 is hereby transferred from CTP #3-292, 23 Virginia Aquarium Animal Care Annex, $250,000 is hereby transferred 24 from CIP #3-044, CIT - City Council Agenda Process Automation, and 25 $400,000 is hereby transferred from CIP #3-045, CIT - Enterprise 26 Data and Information Management Plan - Phase I, to CIP #3-322 27 Virginia Aquarium Original Exhibit Gallery Renovation. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the day of 1 2007. Approved as to Content: Manag ent Services Approved As To Legal Sufficiency: City Attorney's fice CA10253 V:\applications\citylawprod\cycom32\Wpdocs\D022\P001\00026655.DOC R-3 January 29, 2007 s s R CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds to CIP #3-365, Fire Facility Rehabilitation and Renewal — Phase Il, to Cover Increased Construction Costs for the Repairs and Renovations of the Plaza Fire and Rescue Station MEETING DATE: February 13, 2007 ■ Background: The City entered into a construction contract on November 2, 2006 for general repairs and renovations to the Plaza Fire and Rescue Station in the amount of $496,500. These repairs and renovations consist of replacement of the heating and cooling systems, replacement of building lighting fixtures, replacement and upgrades to the interior finishes (including new ceilings), and removal of asbestos materials. Additionally, the contract includes a new fire suppression system and a new second -floor fire escape exit to comply with the current building code. The Plaza Fire and Rescue Station was originally constructed in the early 1960's, and this project is the first renovation of this facility. The asbestos removal and demolition was the initial phase of the work. When the ceilings and walls were opened, numerous deficiencies in the electrical systems were discovered. To properly correct these electrical issues, some of which are required to meet the building code, the station needs to be completely rewired with new conduits, receptacles, and electric panels. Additionally, after demolition, the City's Fire Marshall identified the need to expand the new fire suppression system to meet the building code. ■ Considerations: Upon discovery of these concealed electrical deficiencies, the Fire Department and Public Works staffs, working with the architect and engineers, have prepared a scope of work to address these issues. The prudent decision is to replace the electrical system in conjunction with this repair and renovation contract while this contractor has access to those usually concealed spaces. This additional work is estimated at $166,117. Staff requests that City Council approve this contract amendment and fund the additional $166,117 via transfers from existing capital projects as follows: ■ $63,094 from CIP #3-404, Fire and Rescue Station — General Booth Corridor, which is a completed project and can be closed out. ■ $26,616 from CIP #3-424, Fire and Rescue Station — Sandbridge Relocation, which is a completed project and can be closed out. ■ $76,407 from CIP #3-367, Various Buildings and Rehabilitation and Renewal — Phase II, which covers major repairs of City facilities. Transfer of these funds may entail re -prioritizing or delaying some projects, but will not significantly impact other programmed renovation projects. The General Booth Fire and Rescue Station and Sandbridge Fire and Rescue Station projects have remained active for legal and project -related issues. Lingering legal issues with the construction contractor ended in liquidated damages for both projects, and final payments were made December, 2004 for General Booth and May, 2005, for Sandbridge. Since opening, General Booth has had interior moisture and mold issues that were mainly resolved by May, 2006. The Sandbridge project continued incurring costs or the potential for costs through January, 2007 including: a developer cost participation related to a traffic signal in December, 2005, potential costs for an exhaust system for EMS that were ultimately funded with a grant by Fall, 2006, and payment for an emergency radio transmitter in January, 2007. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Recommendations: Approve the ordinance in order to fully fund the additional repair and renovation work to avoid construction delay and further increased costs. ■ Attachments: Ordinance Recommended Action: Approval of the Ordinance Submitting Department/Agency: Fire Department -"6k6 City Manager: I- ,� 1 AN ORDINANCE TO TRANSFER FUNDS TO CIP #3-365, 2 FIRE FACILITY REHABILITATION AND RENEWAL - 3 PHASE II, TO COVER INCREASED CONSTRUCTION 4 COSTS FOR THE REPAIRS AND RENOVATIONS OF THE 5 PLAZA FIRE AND RESCUE STATION 6 7 WHEREAS, during the repairs and renovations to the Plaza Fire 8 and Rescue Station, various deficiencies in the electrical system 9 were discovered that require replacement of the electrical system 10 while the contractor has access to those usually concealed spaces; 11 and 12 WHEREAS, the replacement of the electrical system will require 13 an additional $166,117 to cover these increased construction costs; 14 and 15 WHEREAS, the additional amount needed may be transferred from 16 CIP #3-404, Fire and Rescue Station - General Booth Corridor, CIP 17 #3-424, Fire and Rescue Station - Sandbridge Relocation, and CIP 18 #3-367, Various Buildings Rehabilitation and Renewal - Phase II. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 (1) That $63,094 is hereby transferred -from CIP #3-404, Fire 22 and Rescue Station - General Booth Corridor, $26,616 is hereby 23 transferred from CIP #3-424, Fire and Rescue Station - Sandbridge 24 Relocation, and $76,407 is hereby transferred from CIP #3-367, 25 Various Buildings Rehabilitation and Renewal - Phase II, to CIP #3- 26 365, Fire Facility Rehabilitation and Renewal - Phase II. 27 (2) That the City Manager is authorized to amend the contract 28 to repair and renovate the Plaza Fire and Rescue Station to provide 29 for additional work as described above. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Vnnt)/Ser4vicZe-s ManaCity Attorney's fice CA10260 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\00027325.DOC R-3 February 1, 2007 L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for REV. BARNETT K. THOROUGHGOOD at 172 South Birdneck Road re two (2) single family homes. DISTRICT 6 — BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 2. Applications of G&S DEVELOPMENT, L.L.C. re a bulk storage facility at 959 Virginia Beach Boulevard (approved on December 10, 2002 and modified on February 14, 2004): DISTRICT 6 - BEACH a. Modification of Proffer No. 2 on a Conditional Zoning A-12 Apartment District to Conditional B-2 Business District b. Modification of Condition No. 1 placed on a Conditional Use Permit RECOMMENDATION APPROVAL 3. Application of TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH for a Modification of Condition Nos. 1 and 2 at 301 Overland Road re a new gymnasium (approved on January 13, 1998). DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 4. Application of VIRGINIA BEACH RESORT AND CONFERENCE CENTER for a Conditional Use Permit at 2816 Shore Drive re a live recreational facility of an outdoor nature (music and entertainment). DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of ENTERPRISE RENT -A -CAR for a Conditional Use Permit re motor vehicle rentals at 3680 Holland Road. DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 6. Application of MEGAN A. HAMMOND for a Conditional Use Permit re boarding of horses and horseback riding at 1236 Princess Anne Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of CINGULAR WIRELESS for a Conditional Use Permit at 5638 Baccalaureate Drive (Campus East and Lake Edward) re installation of a wireless communications tower on an existing Dominion Power transmission tower. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 14,41"u -1-11-1+111t. Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2409. Courthouse; Drive, Tuesday, February 13, 2007; at 6:00 p.M. The following applications will be heard: DISTRICT 2 - KEMPSVILLE Trustees of Tidewater Korean Baptist Church Appli- cation: Modification of Conditions for a request approved by City Council on January 13, 1998 at 301 Overland Road (GPIN 1467608153). DISTRICT 6 - BEACH Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision OrdL nance. Subdivision for Rev. Barnett K. Thorough - good, at 172 South Birdneck Road (GPIN 2417520966). G&S Development, L.L.C. Application: Modification of Proffers on a Conditional Zoning A-12 Apartment to Conditional B-2 Business granted by City Council on December 10, 2002 and modified by City Coun- cil on February 14, 2004 at 959 Virginia Beach Bou- levard. The Comprehensive Pian designates this site as being within, the Resort Area, suitable for a vari- ety of resort -related land uses. (GPIN 249.77515701. G&S Development, L.L.C. Application: Modification of Conditions placed on a Conditional Use Permit for a Bulk Storage Facility that was approved by City Council on December 10, 2002 and modified by City Council on February 14, 2004 at 959 Virginia Beach Boulevard (GPIN 2417751570). DISTRICT T - PRINCESS ANNE Megan A. Hammond Application: Conditional Use Permit for boarding of horses at .1236 Princess Anne Road (GPIN 2401819887). DISTRICT 5 - LYNNHAVEN Virginia Beach Resort and Conference Center Appli- cation: Conditional Use Permit for a recreational facility of an outdoor nature (music and entertain- ment) at 2816 Shore Drive (GPIN 15903164719530). All interested citizens are invited to attend. Ruth dodges Smith, MMC City Clerk Copies of the proposed ordinances, resolu- tions and amendments are on file and may be examined in the Department of Planning or online at hfa://www.vbgov.com/Pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meet- ing, please call the CITY CR RK'S OFFICE at 385-4303. Beacon Jan_ 28 & Feb. 4, 2007 16457159 Subdivision Variance L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Rev. Barnett K. Thoroughgood. Property is located at 172 South Birdneck Road (GPIN 2417520966). DISTRICT 6 — BEACH MEETING DATE: February 13, 2007 ■ Background: The existing lot is 25,911 square feet and contains two (2) homes. The property is zoned R-7.5 Residential. It is the intent of the applicant to subdivide the site into two (2) lots. Parcel A is proposed with 12,022.1 square feet and Parcel B is proposed with 13,889.4 square feet, both of which meet the minimum 7,500 square feet of lot area required for the R-7.5 District: Neither lot, however, meets the minimum lot width requirement of 75 feet for the R-7.5 District The granting of a subdivision variance, therefore, is necessary before the proposed subdivision can be recorded. It should also be noted that the rear yard setback for the structure on Parcel B does not meet the requirement of the R-7.5 District, as the existing structure is within 0.1 feet from the eastern property line. ■ Considerations: Currently, one (1) parcel exists at 172 South Birdneck Road with two (2) older dwellings on it. City records indicate that the original house was built around 1940. The second house was moved onto the property in 1969. The City Zoning Ordinance does not permit two (2) single-family dwellings on one (1) lot; thus, the existing situation is considered non -conforming. The applicant wishes to correct the non -conforming situation by creating two (2) lots, one (1) for each home. To create two (2) conforming lots, however, a total of 150 linear feet is required along the street frontage. The existing parcel has a lot width of only 78.7 feet, which is just over the minimum requirement of 75 feet for one (1) lot. As is typical of a nonconforming situation, the goal is to encourage the nonconforming use or structure to be removed from the property. In this case, the existing two (2) dwellings are not in conformance with the City Zoning Ordinance. Staffs position is that one (1) of the nonconforming dwellings should eventually be removed from the property, thereby creating a conforming situation. The request does not meet the criteria provided in Section 9.3 of the Subdivision Ordinance for the granting of a variance, and, thus, the Planning Department recommended denial of this request to the Planning Commission. The Barnett K. Thoroughgood Page 2 of 2 commission, however, unanimously voted to recommend approval of this variance to the City Council. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. 5 �-`t BARN ETT K. THOROUGHGOOD Agenda Item January 10, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: -7.5 1.A Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: 172 South Birdneck Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24145209660000 6 — BEACH 25,911 square feet Existing Lot: The existing lot is 25,911 square feet and SUMMARY OF REQUEST contains two (2) homes. The property is zoned R-7.5 Residential. Proposed Lots: It is the intent of the applicant to subdivide the site into two (2) lots. Parcel A is proposed with 12,022.1 square feet and Parcel B is proposed with 13,889.4 square feet, both of which meet the minimum 7,500 square feet of lot area required for the R-7.5 District. Neither lot, however, meets the minimum lot width requirement of 75 feet for the R-7.5 District, as noted below. The granting of a subdivision variance, therefore, is required before the proposed subdivision can be recorded. It should also be noted that the rear yard setback for the structure on Parcel B does not meet the requirement of the R-7.5 District, as the existing structure is within 0.1 feet from the eastern property line. lam Required Parcel A Parcel B Lot Width in feet 75 62.85' 15.85" Lot Area insquare feet 7,500 12,0221.1 13,889.4 `Variance required LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two (2) single-family dwellings on one lot. SURROUNDING LAND North: . Vacant property / R-7.5 Residential District USE AND ZONING: South: Church / R-7.5 Residential District East: . Single-family dwellings / R-10 Residential District West: . South Birdneck Road, church, single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resource or cultural features on this site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and within Accident Potential Zone (APZ) 2 surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Birdneck Road in the vicinity of this application is a two lane undivided minor suburban arterial. The Birdneck Road widening project is scheduled to begin construction in 2007. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Birdneck Road 18,954 ADT 13,600 ADT (Level of Existing Land Use 2 —20— 20Service Service "C") - 16,200 ADT ADT ' (Level of Service "E") Proposed Land Use 3- 20 ADT Average Daily Trips s as defined by 2 single-family dwellings 3 as defined by 2 single-family dwellings WATER & SEWER: These sites must connect separately to City water and sewer. There is an existing 12 - inch water distribution main and a 30 -inch water transmission main in South Birdneck Road. A connection to the transmission main will not be permitted. There are two (2), eight (8) -inch sanitary sewer gravity mains in South Birdneck Road. These mains will be abandoned and combined into a single main with the Birdneck Road project. All installation of service lines must be coordinated with the proposed Birdneck Road CIIP project. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. rdye e C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends denial of this request. Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as part of the Primary Residential Area. The site is also located just outside of the East Oceana - Strategic Growth Area 8. The Comprehensive Plan identifies this area as constrained by floodplain, high noise and accident potential zones. Evaluation: Currently, one (1) parcel exists at 172 South Birdneck Road with two (2) older dwellings on it. City records indicate that the original house was built around 1940. The second house was moved onto the property in 1969. The City Zoning Ordinance does not permit two (2) single-family dwellings on one (1) lot. The applicant wishes to rectify this situation and create two (2) lots, one (1) for each home; however, the property does not have sufficient lot width to accommodate both dwellings. A total of 150 linear feet is required for the creation of two (2) lots, and this existing parcel has a lot width of only 78.7 feet, which is just over the minimum requirement of 75 feet for one (1) lot. As is typical of a nonconforming situation, the goal is to encourage the nonconforming use or structure to be removed from the property. In this case, the existing two (2) dwellings are not in conformance with the City Zoning Ordinance. Staff's position is that one (1) of the nonconforming dwellings will eventually be removed from the property, thereby creating a conforming situation. It is Staff's position that the request does not meet the criteria for the granting of a Subdivision Ordinance, and, as such, Staff must recommend denial of this request for the Subdivision Variance. 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 and Standards. 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. NOW OR FORMERLY RAYMOND U. STEVERSON INSTR. NO. 200306260097483 M.6.208 P. 89 GPIN: 2417-53-2107 R/w) - 8' PERPETUAL DRAINAGE EASEMENT (M.B. 207 P. 99) NOW OR FORMERLY REHOBETH BAPTIST CHURCH D.B. 1027 P. 232 INSTR. NO. 200504280063278 GPIN:2417-52-0768 PROPOSED SUBDIVISION 1 10/24/06 CHANGE OF ZONING (R-10 to Conditional 1-1 Granted 2 04/22/03 CONDITIONAL USE PERMIT (church expansion) Granted 3 02/10/98 CHANGE OF ZONING R-10 to 1-1 Granted 4 12/10/91 CONDITIONAL USE PERMIT (church addition Granted 5 02/27/89 CHANGE OF ZONING R-10 to 1-1 Granted ZONING HISTORY mm -to It, f, T t r w ;w W. LISH 0 0UR 7f] sI$�O Gp GG ��� Al mcra�y .: •3�m � � m c3 r,,�opm�> °' i �rpp'4�z+3'$ rumppoa Zi a mcc t°g°o c1O a�4 MH poi r c Z C� HL weGsV ^C�mcCZpa�a'a 'mtl3 �4 .� LL.9 m'pcp. a. c� r O.m '.00 TO Om 7r? e - K -3.$o c J>—m V N-�ari m myCi _Gwp� iOC�B�`_� m� r nim C = mm� d ani � a O�°�°L°o�ioca4oZStl O —05c.r� 5 � m=u3W mr J e cy i "ma•rw a� �z d Ws�a CRC m �Cc W QO � 'W_ ��C miir p�O�m� 7N cmff 072 C G� p V o U�N m _ N W .Gy p CO�Op bL'm�m C OGC 'ED N J O CDC o M Ymmr�i 5 0 Oa i 0r$ N Q mom ���¢mmgm�mo a c m Q q ONw m bFiV a D0.0 m�fV WIN 1z V 7f] sI$�O Al mcra�y .: o�cEmm X21 � Wrr' O pC^p i �rpp'4�z+3'$ rumppoa Zi a MH poi r c Z C� HL m t LL.9 m'pcp. a. c� r 1z V ° a m i d 2 c W c $ m t E c m C = a d a w Q c 'W_ a N W � _° N C OGC 'ED N J O CDC y m 0 Oa [A� o OE a c m Q q w m Zm FN ,.m Q� Vic, ro U W 3'oa ;m tiC Oy,c©C mos ro Z .per Utca ay 00t OO.0o CL a� b O •C O � C W P m��� m ;A O g. a400 �a WoO• ppcc$ �•n a £ wm U Q,' >� G1 O am O. 20- m mGU 8 dL C G U LO °�Ol�m % __ N.G yL o nCLC m3 �g m3o`S� h O i m3 'c° o0 C C O am r W L sO� O C V'.0 6 1d r L m 0 G. mn m U O c Nm 3 J 04 = O r NOI�Id'JTTdd�' H3NMANojSjAjaqnC DISCLOSURE STATEMENT Item #2 Rev. Barnett K. Thoroughgood Subdivision Ordinance 172 S. Birdneck Road District 6 Beach January 10, 2007 REGULAR Barry Knight: Mr. Secretary, the next item to be heard. Joseph Strange: The next item is item #2, Reverend Barnett K. Thoroughgood. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Reverend Barnett K. Thoroughgood. The property is located at 172 South Birdneck Road, District 6, at the Beach. Barry Knight: Welcome Reverend. Reverend Thoroughgood: Good afternoon Mr. Chairman and members of the Commission. May I just indulge you or a minute or two to say to Mr. Scott, whom I served for many, many years, and he has done a remarkable job for this great city, and one of my colleagues, who is serving again for punishment. Don Horsley and I served for many years on this Commission, and to help this city to be what it is today. Barry Knight: Reverend, for our secretary, would you identify yourself please. Reverend Thoroughgood: I'm Barnett Thoroughgood. Barry Knight: Thank you. Reverend Thoroughgood: The property that is concerned today is the place where I was born and raised. My father and mother back in 1938-1939 and 1940's, they started building on this property, and they built the house that is up front here. Then in 1969, they gave my older brother this parcel of the back where he has constructed a house. My father and mother both are gone and they didn't do business, as they should have done back then as to have it properly deeded to him. We are getting older and we don't want to die off the scene and tie up with a whole lot of heirs. So, we have come to divide it so that he will have a clear title to the rear parcel, and of course the rest of the heirs will have the front parcel. We want to create it in remembrance of our parents. That is basically what we are up to and that is to subdivide it so we can have a proper deed and be given the rights to the back of the rear parcel. = Barry Knight: Thank you Reverend. Are there any questions for Reverend Thoroughgood at this time? Okay. Item #2 Rev. Barnett K. Thoroughgood Page 2 Reverend Thoroughgood: Thank you. Barry Knight: Do you have any other speakers signed up? Joseph Strange: No other speakers. Barry Knight: Okay. We'll open it up for discussion amongst the Commission members. Mr. Crabtree. Eugene Crabtree: If I understand this right, and other than looking at this. This property falls in the AICUZ area of 75 dBs and falls under the ordinance and the zoning changes that we have made in the last year or so concerning the increase in density in and around the Naval Base of Oceana and their flight zones. I believe that this falls within that area. If we subdivide this parcel, and we are increasing the density on this, which is as I understand it a violation to our current zoning and our ordinances. Am I correct in that Mr. Macali? Bill Macali: After all, we reviewed the ordinance again, and the AICUZ Overlay ordinance really does not apply to subdivision variance because it is not really a discretionary development application like a Rezoning or a Conditional Use Permit. The AICUZ Overland Ordinance, which ordinarily would apply to greater than 75 dB noise zone and APZ-2, really doesn't apply, so that is not something that the Commission needs to be concerned with at this point. Eugene Crabtree: Do we need a statement from the powers to be at Oceana as far as their feelings on this piece of property one way or the other? Bill Macali: I don't believe so. No sir. Eugene Crabtree: We do have a letter. Bill Macali: There are already two homes on the site. There would not be an increase in density as a result of granting this subdivision variance unless the Navy has already expressed an opinion or sent a letter in. Eugene Crabtree: We do have a letter. Bill Macali: I don't believe they have really expressed any particular interest in the matter. Barry Knight: Thank you. Mr. Crabtree? Are you done? Eugene Crabtree: Yes. Item #2 Rev. Barnett K. Thoroughgood Page 3 Barry Knight: Ms. Anderson? Janice Anderson: With that cleared up and thank you Mr. Macali. From the application, the subdivision variance requires that there be a hardship, and several other factors to meet, and I don't believe this is a unique situation. This situation has been 1968, and I think it was intended to divide the property then, but the proper steps haven't been taken. Since this is a unique situation the properties have been existing as two different houses, and two different properties. I would be supportive in granting this subdivision variance to clear title and declare issue with this property. Barry Knight: Okay. Would you like to put that in a motion? Janice Anderson: Yes. Dorothy Wood: I'll second that motion Ms. Anderson. Barry Knight: There is a motion on the floor by Jan Anderson and seconded by Dot Wood to approve agenda item #2, Reverend Barnett K. Thoroughgood. Is there any other discussion? I'll call for the question. Ed Weeden: By a vote of 11-0, the Board has approved the application of Reverend Barnett K. Thoroughgood. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Reverend Barnett K. Thoroughgood. -48 - Item V -J. 7. PLANNING ITEM # 50579 Attorney Howard Gordon, Phone: 622-5366, represented the applicant (Seaside Mobile Park), Whitt Sessoms, 109 43'd Street, Phone: 428-1469, the applicant Tom Musumeci, resident of Seabridge Square, and Chair of the Civic League, advised of the Civic League's support The following registered in OPPOSITION: Jerry Chaplain, 913 Virginia Beach Boulevard, Phone: 418-3222 Upon motion by Councilman Maddox, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of WHITT G. SESSOMS for a Conditional Change of Zoning District Classification and Conditional Use Permit APPLICATION OF wHITT G. SESSOMS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROMA-12 APARTMENT DISTRICT TO CONDITIONAL B-2 COMMUA=BUSINESS DISTRICT Z012022129 BE IT HEREBY ORDAINED BY TTIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of Whitt G. Sessoms for a Change of Zoning District ClassificationfromA-12 Apartment District to Conditional B-2 Community Business District on the south side of Virginia Beach Boulevard, 195.07 feet east of Seabridge Road. The Comprehensive Plan recommends use of this parcel for resort uses, including lodging, retail, entertainment, recreational, cultural, and other compatible uses (GPIN241 77515 70). Said parcel is located at 949 Virginia Beach Boulevard and contains 4 acres, more or less. DISTRICT 6 — BEACH. The following condition shall be required: L An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. A ND, APPLICATION OF WHITT G. SESSOMS FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R012023108 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH Ordinance upon application of Whitt G. Sessoms for a Conditional Use Permit for a bulk storage yard on the south side of Virginia Beach Boulevard, 195.07 feet east of Seabridge Road (GPIN 2417751570). Said parcel is located at 949 Virginia Beach Boulevard and contains 4 acres, more or less. DISTRICT 6—BEACH. The following conditions shall be required: 1. The property shall be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall be limited to a period of either five (5) years from the time of issuance of this conditional use permit or when the new Convention Center to be located on the site of the existing Pavilion on 19th Street opens for business to the public, whichever is less. The Planning Director shall review the towing portion of the operation administratively on a yearly basis. 2. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. December 10, 2002 -49 - Item V -J. 7. PLANNING ITEM # 50579 (Continued) 3. The bulkstorageyard may be gravel, exceptfor necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. 4. Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site. -w thm&a-r aftd Vehicle towing shall only occur Monday through Friday, between the hours of 8:00 a.m. and 8:00 p.m., and on Saturday from 9:00 a.m. to 8: 00 p.m. There shall be no towing on Sunday. 5. The hours of operation for the overall storage yard shall be Monday through Saturday, 6:00 a.m. to 8:00 p.m. and Sunday, 9:00 a.m. to 8: 00 p.m. 6. There shall be no disposal of remnant sewage from recreational vehicles on the site. There shall be no sewage within a recreational vehicle brought onto the site for storage. 7. If the existing building is to be used for the office and or caretaker's quarters the applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of Planning and the Fire Department. A certificate of occupancy shall be obtained from the Building Code Official before a business license is issued. These Ordinances shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of December, Two Thousand Two. Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 10, 2002 Item V -J. 7. PLANNING -48 - ITEM # 52235 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED Proffers and Conditions of the Ordinances upon application of GS DEVELOPMENT, L.L.C. (Approved: December 10, 2002) : ORDINANCE UPON APPLICA TION OF GS DEVELOPMENT L. L. C. FOR A MODIFICATION OF PROFFERS Ordinance upon Application of GSDevelopmentL.L. C. for a Modification of Proffers for a request approved by City Council on December 10, 2002. Property is located at 959 Virginia Beach Boulevard (GPIN 24177515700000). The following condition shall be required: AND Agreement encompassing modified proffers shall be recorded with the Clerk of Circuit Court and is hereby made apart of the record. ORDINANCE UPON APPLICA TION OF GS DEVELOPMENT L. L. C. FOR A MODIFICATION OF A CONDITIONAL USE PERMIT Ordinance upon Application of GSDevelopmentL.L.C. for a Modification of a Conditional Use Permit approved by City Council on December 10, 2002. Property is located at 959 Virginia Beach Boulevard (GPIN 24177515700000). DISTRICT 6 — BEACH All conditions with the exception of Number 1 and Number 5 attached to the Conditional Use Permit granted by the City Council on December 10, 2002 remain in affect. 2. Condition Number I of the December 10, 2002 Conditional Use Permit is deleted and replaced with the following: Recreational boats, trailers, landscape and contractor vehicles shall not be parked on the west side of the site between the office / apartment building and the rear of the site. Storage of plants, mulch, soil and decorative stone shall be limited to the rear (southern end) of the site. There shall be no chipping or mulch processing on the site. Said conditional use shall terminate five (5) years from the time said conditional use commenced or when the new convention center to be located on the site of the existing Pavilion on 19th Street opens for business to the public, whichever is less. The Planning Director shall review the towing portion of the operation administratively on a yearly basis. February 10, 2004 -49 - Item 49 - Item V -J. 7. PLANNING ITEM # 52235 (Continued) 3. Condition Number 5 ofDecember 10, 2002 Conditional Use Permit is deleted and replaced with the following: The hours of operation for the overall storage yard shall be Monday through Sunday, 6.00 a. m. to 8: 00 p.m. Voting: I1-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 10, 2004 Modifications of Proffers CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of G&S Development, L.L.C. for the Modification of Proffers on a Conditional Zoning A-12 Apartment District to Conditional B-2 Business District granted by City Council on December 10, 2002 and modified by City Council on February 14, 2004. Property is located at 959 Virginia Beach Boulevard. (GPIN 2417751570). DISTRICT 6 - BEACH b) Application of G&S Development, L.L.C. for the Modification of Conditions placed on a Conditional Use Permit for a Bulk Storage Facility that was approved by City Council on December 10, 2002 and modified by City Council on February 14, 2004. Property is located at 959 Virginia Beach Boulevard (GPIN 2417751570). DISTRICT 6 — BEACH MEETING DATE: February 13, 2007 ■ Background: A Conditional Rezoning from A-12 Apartment District to Conditional B-2 Community Business District was approved by the City Council on December 10, 2002. On February 14, 2004, the City Council granted a modification of that original rezoning. A Conditional Use Permit for a bulk storage yard was approved at the same time. The applicant requests modification of the provisions of Proffer 2 of the rezoning and Condition 1 of the Use Permit. Both pertain to the expiration of the Use Permit by the time that either (1) the Convention Center fully opens for business or (2) five years have elapsed since the commencement of the use (which is March 26, 2008). ■ Considerations: The Comprehensive Plan recommends this area as a mixed-use corridor, which is a mix of commercial, residential and civic uses. The applicant, with the December 2002 approval, proposed a temporary use of the subject parcel until such time that either (1) the new convention center is fully opened or (2) five years have passed since the commencement of the use permit (building permits representing the commencement of the use were issued on March 26, 2003). The allowed use, a bulk storage yard, is not the type of use envisioned by the Comprehensive Plan for this area; however, the use is temporary. During the last two years, the applicant has been endeavoring to secure a developer for the site that will redevelop it with a higher quality project consistent with the vision of the Comprehensive Plan and the Resort Area Plan for this area. As an example of these attempts, a developer has submitted to the Department G&S Development, L.L.C. Page 2 of 3 of Planning an application for rezoning the property and redeveloping it for office, residential units, and a restaurant. Establishment of a permanent use for the site, however, will take longer than allowed under the terms of the rezoning proffer and the condition of the use permit. The applicant, therefore, is requesting deletion of the provision in the proffers of the rezoning and the conditions of the Use Permit that require the use to cease at the time the Convention Center fully opens to the public. The modified proffer will refer to the Conditional Use Permit conditions as guidance regarding the termination of the Use Permit. That modified use permit condition states that the use will terminate on February 1, 2007, and that the Planning Director will be allowed to grant administrative extensions in intervals of six (6) months thereafter. This will allow the applicant and the prospective developer the time to secure necessary approvals from the City Council and City agencies for redevelopment of the site. The Planning Commission placed these items on the consent agenda because the requests are reasonable, staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests as proffered and with the following conditions: The property shall be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall terminate on February 1, 2007, except that the Planning Director may grant administrative extensions in intervals of six (6) months until March 23, 2008. The Planning Director shall review the towing portion of the operation administratively on a yearly basis to ensure conditions are being met and no unresolved complaints are pending. 2. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. 3. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. 4. Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site without a valid service ticket outlining the work to be performed and date that the project is promised to be delivered to the customer. Vehicle towing shall only occur Monday through Friday, between the hours of 8:00 G&S Development, L.L.C. Page 3 of 3 a.m. and 8:00 p.m., and on Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on Sunday. 5. The hours of operation for the overall storage yard shall be Monday through Sunday, 6:00 a.m. to 8:00 p.m. 6. There shall be no disposal of remnant sewage from recreational vehicles on the site. If the existing building is to be used for the office and or caretaker's quarters the applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division. ■ 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: W1021 GS DEVELOPMENT Agenda Items 10 & 11 January 10, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: 10) Modification of Proffers on a Conditional Zoning A- 12 Apartment District to Conditional B-2 Business District granted by City Council on December 10, 2002 and modified by City Council on February 14, 2004. 11) Modification of Conditions placed on a Conditional Use Permit for a Bulk Storage Facility that was approved by City Council on December 10, 2002 and modified by City Council on February 14, 2004. ADDRESS / DESCRIPTION: 959 Virginia Beach Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 2417751570 6 - BEACH 4 acres SUMMARY OF REQUEST The Conditional Rezoning from A-12 Apartment District to Conditional B-2 Community Business District was approved by the City Council on December 10, 2002. The City Council granted a modification of that original rezoning on February 14, 2004. The current proffers read as follows: 1. The property maybe used for all principal uses and any conditional uses specifically authorized by City Council with a Conditional Use Permit, within the B-2 Community Business District as set forth in the Zoning Ordinance (as defined herein), except for the following uses, which shall not be permitted: • Automobile Repair Garage; • Boat Sales with Outside Storage of Boats; • Body Piercing Establishments: • Borrow Pit; • Eating and Drinking Establishments with Drive-thru pick-up windows: • Flea Markets: • Furniture Repair and Upholstering; • Marinas, commercial; • Mini -warehouses; • Mobile Home Sales; M fir% District granted by City Council on December 10, 2002 and modified by City Council on February 14, 2004. 11) Modification of Conditions placed on a Conditional Use Permit for a Bulk Storage Facility that was approved by City Council on December 10, 2002 and modified by City Council on February 14, 2004. ADDRESS / DESCRIPTION: 959 Virginia Beach Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 2417751570 6 - BEACH 4 acres SUMMARY OF REQUEST The Conditional Rezoning from A-12 Apartment District to Conditional B-2 Community Business District was approved by the City Council on December 10, 2002. The City Council granted a modification of that original rezoning on February 14, 2004. The current proffers read as follows: 1. The property maybe used for all principal uses and any conditional uses specifically authorized by City Council with a Conditional Use Permit, within the B-2 Community Business District as set forth in the Zoning Ordinance (as defined herein), except for the following uses, which shall not be permitted: • Automobile Repair Garage; • Boat Sales with Outside Storage of Boats; • Body Piercing Establishments: • Borrow Pit; • Eating and Drinking Establishments with Drive-thru pick-up windows: • Flea Markets: • Furniture Repair and Upholstering; • Marinas, commercial; • Mini -warehouses; • Mobile Home Sales; • Motor Vehicle Sales; • Passenger Transportation Terminals for Buses; • Passenger Vessels permitted by the U.S. Coast Guard regulations; • Personal Watercraft Rentals; • Public Utility Storage or Maintenance Installations; • Tattoo Parlors; and • Wholesaling and Distribution as a stand-alone use. 2. The Property, upon issuance of a Conditional Use Permit, may be used as a bulk storage yard in accordance with the conditions set forth in the Application for Conditional Use. Said conditional use shall be limited to a period of either five (5) years from the time said conditional use commences or when the new convention center to be located on the site of the Pavilion on 19th Street opens for business to the public, whichever is less, as set forth in the Conditional Use Permit. The Conditional Use Permit permitting a Bulk Storage Facility was approved by the City Council on December 10, 2002, and was modified on February 14, 2004. The Conditional Use Permit has seven (7) conditions: The property shall be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall be limited to a period of either five (5) years from the time of issuance of this conditional use permit or when the new convention center to be located on the site of the existing Pavilion on 19th Street opens for business to the public, whichever is less. The Planning Director shall review the towing portion of the operation administratively on a yearly basis. 2. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. 3. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. 4. Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site without a valid service ticket outlining the work to be performed and date that the project is promised to be delivered to the customer. Vehicle towing shall only occur Monday through Friday, between the hours of 8:00 a.m. and 8:00 p.m., and on Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on Sunday. 5. The hours of operation for the overall storage yard shall be Monday through Sunday, 6:00 a.m. to 8:00 p.m. 6. There shall be no disposal of remnant sewage from recreational vehicles on the site. 7. If the existing building is to be used for the office and or caretaker's quarters the applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of Planning and the Fire Department. A certificate of occupancy shall be obtained from the Building Code Official before a business is issued. The applicant requests modification of the provisions of Proffer 2 of the rezoning and Condition 1 of the Use Permit pertaining to the expiration of the Use Permit by the time that either (1) the Convention Center fully opens for business or (2) five (5) years have elapsed since the commencement of the use (expires March 26, 2003). LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is being used for bulk storage consistent with the proffers and conditions in effect. SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Across Virginia Beach Boulevard is the parking lot for the Convention Center/ RT -3 Resort Tourist South: . Mobile Home Park and Multiple -Family dwellings / A-12 and A- 18 Apartment East: . Mobile Home Park / A-12 Apartment West: . Gas Station and Convenience Store and a Townhouse Community/ B-2 Business and A-12 Apartment NATURAL RESOURCE AND A two-story structure, gravel parking pads, and drive aisle occupy the CULTURAL FEATURES: site. The rear portion of the site is lawn and mature trees. The site is in the Owls Creek watershed. AICUZ: The southwestern portion of the site is in the greater than 75 dB Ldn AICUZ surrounding NAS Oceana. The northeastern portion of the site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this site is a four -lane major collector roadway. There are no plans to improve the roadway in the CIP project list. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 9,644 ADT 12,100 ADT No Change Daily Trips WATER: There is a twenty-four (24) inch and a twelve (12) inch water main in Virginia Beach Boulevard fronting the property. The site has an existing two (2) inch meter that may be used. SEWER: There is a twenty (20) inch sanitary sewer force main in Virginia Beach Boulevard. The site is connected to City sewer. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request. Evaluation: The Comprehensive Plan recommends this area as a mixed-use corridor, which is a mix of commercial, residential and civic uses. The applicant, with the December 2002 approval, proposed a temporary use of the subject parcel until such time that either (1) the new convention center is fully opened or (2) five years have passed since the commencement of the use permit (building permits representing the commencement of the use were issued on March 26, 2003). The allowed use, a bulk storage yard, is not the type of use envisioned by the Comprehensive Plan for this area; however, the use is temporary. During the last two years, the applicant has been endeavoring to secure a developer for the site that will redevelop it with a higher quality project consistent with the vision of the Comprehensive Plan and the Resort Area Plan for this area. As evidence of the fruitfulness of those efforts, a developer has submitted to the Department of Planning an application for rezoning the property and redeveloping it for office, residential units, and a restaurant. However, that application and the subsequent site plan and building plan review, should the rezoning be approved, will not be completed prior to the full opening of the Convention Center in early -2007. The applicant, therefore, is requesting deletion of the provision in the proffers of the Conditional Change of Zoning and the conditions of the Use Permit that require the use to cease at the time the Convention Center fully opens to the public. The modified proffer will refer to the Conditional Use Permit conditions as guidance regarding the termination of the Use Permit. That modified condition states that the use will terminate on February 1, 2007, and that the Planning Director will be allowed to grant administrative extensions in intervals of six (6) months thereafter. This will allow the applicant and the prospective developer the time to secure necessary approvals from the City Council and City agencies for redevelopment of the site. Based on the applicant's sincere endeavors during the last two years to find a quality development for the site and the fact that a Change of Zoning application has been submitted for such a development, Staff concludes that the applicant's request is reasonable and should be granted. CONDITIONS 1. The property shall be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall terminate on February 1, 2007, except that the Planning Director may grant administrative extensions in intervals of six (6) months until March 23, 2008. The Planning Director shall review the towing portion of the operation administratively on a yearly basis to ensure conditions are being met and no unresolved complaints are pending. 2. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. 3. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. 4. Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site without a valid service ticket outlining the work to be performed and date that the project is promised to be delivered to the customer. Vehicle towing shall only occur Monday through Friday, between the hours of 8:00 a.m. and 8:00 p.m., and on Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on Sunday. 5. The hours of operation for the overall storage yard shall be Monday through Sunday, 6:00 a.m. to 8:00 P.M. 6. There shall be no disposal of remnant sewage from recreational vehicles on the site. If the existing building is to be used for the office and or caretaker's quarters the applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to `offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer 2 is hereby amended to read: The Property, upon issuance of a Conditional Use Permit, may be used as a bulk storage yard in accordance with the conditions set forth in the Application for Conditional Use. Said conditional use shall be limited to a period of five (5) years from the time said conditional use commences as the same may be extended from time to time in accordance with the provisions set forth in the Conditional Use Permit. PROFFER 2: All of the terms, covenants and conditions set forth in the Declaration of Conditions and Restrictions dated October 31, 2002, and recorded in the Clerk's Office as Instrument Number 200212233084232, as modified by Amendment to Conditions dated December 29, 2003, and recorded in the Clerk's Office as Instrument Number 220402190029621, save and except Proffer 2, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through Grantor, its assigns, tenants and other successors in interest or title. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement, 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 and Standards. 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. ask" & � { 5.- y l� y✓ SI Y4S=.3-::. �' �_,'�^"�" SiT "�_•y-�`r� -: `( A 4 go AVA IN a 11 Wit✓__..--r_���--� \ �' � k -. rr,,. - "i �.- ��] s� � f � � �- � . �� � _rte � .,< \�� �r�l ��'� �•,,,..=-`"'...a!��'4 s = 4 upai� TI • • 1 6-23-93 Enlargement of a Nonconforming Use Approved 12-10-42 Rezoning (A-42 Apartment to Conditional Approved B-2) and a Conditional Use Permit (Bulk Storage) 2-14-04 Modification of Use Permit and Conditional Approved Change of Zoning 2 10-10-88 Rezoning (B-2 Commercial to A-12 Approved Apartment) and a Conditional Use Permit (Group Home 3 8-14-89; 2-11-92; Conditional Use Permit (Group Home — Approved 10-28-93; 10-24- Addition) 95; 4-25-00 19 m Z w 'L W VJw 0 U T a � � i � i i iii NOLLdJl7ddVNOLLMJL�IIQON[ SNOWN03 10 L Is ILI z SE si Mg ar Li 0 oil NOLLdJl7ddVNOLLMJL�IIQON[ SNOWN03 10 Mol. 0 —ro It Ls IU 02 10 IOU J5 p f- PL m ve no SI je ci 06 In NOLLdJl7ddVNOLLMJL�IIQON[ SNOWN03 10 Item #10 & 11 G&S Development, L.L.C. Modification of Proffers on a Conditional Zoning Modification of Conditions on a Conditional Use Permit 959 Virginia Beach Boulevard District 6 Beach January 10, 2007 CONSENT Janice Anderson: The last items are together. They are agenda items #10 & 11, the application of G&S Development, L.L.C. It is for Modification of Proffers that were placed on a Conditional Rezoning A-12 Apartment to Conditional B-2 Business that was granted by City Council back in 2002, and then again modified in 2004. It is on property located at 959 Virginia Beach Boulevard, and also Modification of Conditions that were placed on a Conditional Use Permit for bulk storage that were approved by City Council and modified at the same time on the same property located at the Beach District. Is there an application representative? Thank you. Whitt Sessoms: My name is Whitt Sessoms. I appreciate being put on the consent agenda. I approve of the conditions. Janice Anderson: Thank you Mr. Sessoms. Whitt Sessoms: Thank you. Janice Anderson: Is there any objection these matters being placed on the consent agenda? The Chairman has asked Jay Bernas to please review this matter. Jay Bernas: Thank you. This is located in the Beach District at 959 Virginia Beach Boulevard. Basically, the existing Conditional Change of Zoning and conditions of the Use Permit require that this bulk storage use cease at the time the Convention Center fully opens to the public, but the applicant have been endeavoring to redevelop this site and find a developer to develop this site. But they do not feel that with the site plan review required and if the rezoning needs to be approved, that they will not be able to complete this prior to the Convention Center opening in early 2007. So, the applicant is requesting to modify the condition that states that the Use will terminate on February 1, 2007, and that the Planning Director will be allowed to grant administrative extensions in intervals of 6 months thereafter. This should allow the applicant to allow for the necessary city approval from city agencies to redevelop this site. The Commission felt like this was approvable, and therefore, it is on the consent agenda. Janice Anderson: Thank you Jay. Mr. Chairman, I have a motion for the approval of agenda items #10 & 11 with two proffers and six conditions. Item #10 & 11 G&S Development, L.L.C. Page 2 Barry Knight: Thanks. There is a motion to approve. Do I have a second? Okay. Is there any discussion? There is a motion to approve consent agenda items #10 & 11 by Jan Anderson and seconded by Kathy Katsias. I'll call for the question. Ed Weeden: By a vote of 11-0, the Board has approved items #10 & 11 for consent. Barry Knight: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved items #10 & 11 for consent. Barry Knight: Thank you. In Reply Refer To Our File No. DF -6624 TO: Leslie L. Lilley FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 31, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: G&S Development, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 13, 2007. 1 have reviewed the subject proffer agreement, dated December 5, 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 AMENDMENT TO CONDITIONS THIS AMENDMENT TO CONDITIONS ("Amendment"} made this 61�N day of �N ,Ember, 2006, by and between GS DEVELOPMENT, LLC, a Virginia limited liability company , successor -in -title to SEASIDE MOBILE PARK, LC., a Virginia limited liability company ("Owner'), GRANTOR, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, provides and states as follows: WITNESSETH: WHEREAS, GRANTOR is the owner of a certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 959 Virginia Beach Boulevard, GPIN NO: 2417-75-1570, more particularly described in Exhibit A, attached hereto and incorporated herein by reference, said property being referred to herein as the "Property"; and WHEREAS, GRANTOR has initiated modifications to a conditional amendment to the Zoning Map of the City of Virginia Beach by petition addressed to GRANTEE so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, GRANTOR has requested GRANTEE to permit this modification to the previously proffered covenants and conditions dated October 31, 2002, recorded as Instrument Number 200212233084272, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, (the "Clerk's Office'l, as modified by Amendment to Conditions dated December 29, 2003, recorded as Instrument Number 200402190029621, in the Clerk's Office, to reflect the amendments applicable to the land use plan on the Property; and WHEREAS, GRANTEE's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and GPIN: 2417-75-1570 Prepared by: Williams Mullen, P.C. 999 Waterside Drive, Suite 1700 Norfolk, Virginia 23510 tU4497vi WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before the GRANTEE, as part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Properly to be adopted which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modification. NOW, THEREFORE, the GRANTOR, its 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this Amendment to Conditions 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, assigns, grantees and other successors in interesfor title: 1. Proffer 2 is hereby amended to read: The Property, upon the issuance of a Conditional Use Permit, may be used as a bulk storage yard in accordance with the conditions set forth in the Application for Conditional Use. Said conditional use shall be limited to a period of five (5) years from the time said conditional use commences as the same may be extended from time to time in accordance with the provisions set forth in the Conditional Use Permit. 2. All of the terms, covenants and conditions set forth in the Declaration of Conditions and Restrictions dated October 31, 2002, and recorded in the Clerk's Office as histnanent Number 200212233084232, as modified by Amendment to Conditions dated December 29, 2003, and recorded in the Clerk's Office as Instrument Number 200402190029621, save and except Proffer 2, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through GRANTOR, its assigns, tenants and other successors in interest or title. GRANTOR further covenants and agrees that: Any references herein to B-2 Business District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Amendment by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRAN'T'EE as part of the Amendment to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Amendment is approved by the Virginia Beach City Council ("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 GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing before GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attached 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 m the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of GRANTOR and GRANTEE. WITNESS the following signature and seal. GRANTOR: GS DEVELOPMENT, LLC a Virginia limited liabilitycompany By- U eager STATE OF VIRGINIA -% CITY OF 90-t eAC JO-WIT: The for in & g ' w a�1mowledged before me this 6 day of 2006, b a 1 , � )Tl Manager of GS Development, LLC, on its y - behalf. He/ is personally known to me or has produced a driver's license as identification. N8vy Public r , My commission expires: �'/Q EDIT A PARCEL ONE: ALL THAT certain tract, piece or parcel of lazed, situate, lying and being near the City of Virginia Beach, in Lymihaven Borough of the City of Virginia Beach, Virginia, and more particularly described and bounded as follows: BEGINNING at a point on the southern line of Virginia Beach Boulevard 200 feet distance in a westerly direction from its intersection with the dividing line between the property now or formerly belonging to Vernon Drink -water and the property of the City of Virginia Beach, upon which is erected its water tower, and running thence South 5 degrees 28 minutes East 777.5 feet to a pin; thence South 55 degrees 18 minutes West 164.3 feet to a pin; thence North 5 degrees 28 minutes West 857.8 feet to a pin on the southern line of said Virginia Beach Boulevard; thence along the southern line of said Virginia Beach Boulevard North 84 degrees 32 minutes East 143.4 feet to a pin, the point of beginning, containing two and seven -tenths (2.7) acres according to plat of property made April 17, 1946 by W.B. Gallup, County Surveyor, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 18, at Page 3 and referred to in Deed Book 236, at Page 43 and reference to the same is hereby made for a more particular description. PARCEL TWO: ALL THOSE certain lots, pieces or parcels of land, with the appurtenances thereunto belonging or in anywise appertaining, situate, lying and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known, numbered and designated on the amended plat of "Virginia Beach Annex" made by Raymond C. Almond, C.L.S., May, 1956, and duly recorded in the Clerk's Office of the Circuit Count of the City of Virginia Beach, Virginia, in Map Book 41, at page 41, as Lots Twenty (20) to Thirty-four (34), both inclusive, in Block Thirteen (13). EXCEPTING: The property sold to Willie E. Sawyer and Florence W. Sawyer by deed dated October 10, 1962 and described as follows: ALL THOSE certain lots, pieces or parcels of land with the appurtenances thereunto belonging, or in otherwise appertaining, situate, lying and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known, numbered and designated on the amended plat of Virginia Beach Annex, made by Raymond C. Almond, C.L.S., May, 1956, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at Page 41 as Lots 20, 21, 22 and the eastern one-half of Lot 23, in Block 13. WHICH SAID PROPERTY IS FURTHER DESIGNATED AS: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "Resubdivision of Parcel Designated as Vernon Drinkwater, 2.7 acres" as shown on plat titled "Property of Vernon Drinkwater located near Va. Beach in Princess Anne Co., Va., and the Western one-half of Lot 23, all of Lots 24 thru 34, inclusive, Block 13, Virginia Beach Amex, Princess Arnie County amended plat", which said plat is duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Map Book 230, Page 38. IT BEING the same property conveyed to SEASIDE MOBILE PARK, L.C., a Virginia limited liability company by deed of Mulberry Corporation dated August 1, 1994, recorded in the Circuit Court Clerk's Office of the City of Virginia Beach in Deed Book 3420, at page 1097. TOGETHER VaM all rights of the Grantor to an easement for a sewer line benefitting the property described above as set forth in that certain agreement dated October 10, 1962, by and between Willie E. Sawyer and Florence W. Sawyer and Virginia Beach Trailer Village, Incorporated, which agreement is filed for record in Deed Book 753, page 259, and as set forth in that certain Deed of Easement dated July 3, 1957, by and between R. Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 503, page 224, and that certain Deed of Easement dated June 26, 1958, by and between R. Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 581, page 551. 1149497x3 -34 - Item VI -%3. PUBLICHEARING ITEM # 43099 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES FOR A CONDITIONAL USE PERMIT RO1982160 BE Tl HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLI BEACH, VIRGINL4 Ordinance upon application of Tidewater Korean Baptist Church Trustees for a Conditional Use Permit fora church expansion at the southwest intersection of Overland Road and Oakengate Drive. Said parcel is located at 301 Overland Road and contains 2.779 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled `Preliminary Site Plan for Building Addition to Tidewater Korean Baptist Church, " dated October 23, 1997, and on file with the Planning Department with the following revisions: * The 18.5' proposed drive aisle shown on the submitted site plan shall be reduced to a maximum 15' in width. * The 16 angled parking spaces shall be replaced with parallel parking spaces extending along the length of the drive aisle. 2. The building additions shall be constructed in accordance with the submitted elevations entitled, Elevations, Addition to Korean Baptist Church of Tidewater" and on file with the Planning Department. 3. Existing vegetation shall remain on the northern, western and southern boundaries of the property. This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of January. Nineteen Hundred and Nine -Eight. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 . =r Map -Not to Scale Trustee ojjwff!17-MM7?=,,- 37MUN.-M-EgAffamm JIM L �P P Modification of Conditions CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Trustees of Tidewater Korean Baptist Church for a Modification of Conditions for a request approved by City Council on January 13, 1998. Property is located at 301 Overland Road (GPIN 1467608153). DISTRICT 2 — KEMPSVILLE MEETING DATE: February 13, 2007 ■ Background: The Tidewater Korean Baptist Church is requesting to modify the conditions of their 1998 Conditional Use Permit to allow for the addition of a new 5600 square foot gymnasium. The Conditional Use Permit was approved by the City Council on January 13, 1998 with the following three conditions: Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled "Preliminary Site Plan for Building Addition to Tidewater Korean Baptist Church", dated October 23, 1997 and on file with the Planning Department, with the following revisions: The 18.5' proposed drive aisle shown on the submitted site plan shall be reduced to a maximum 15' in width. The 16 angled parking spaces shall be replaced with parallel parking spaces extending along the length of the drive aisle. 2. The building additions shall be constructed in accordance with the submitted elevations entitled, "Elevations, Addition to Korean Baptist Church of Tidewater' and on file with the Planning Department. 3. Existing vegetation shall remain on the northern, western and southern boundaries of the property. ■ Considerations: Condition 1 of the 1998 Use Permit describes a specific site plan and is requested for modification by referencing the revised site plan depicting a new gymnasium to the rear of the existing building. Condition 2 describes specific building elevations, which do not show the proposed gymnasium. The condition is requested for modification by referencing the new building elevations that show a gymnasium. Trustees of Tidewater Korean Baptist Church Page 2 of 3 This site has an existing church, social hall and meeting area with parking to the side of the building. The existing church buildings consist of a stucco exterior sanctuary and pre-engineered metal buildings for the remaining buildings. The requested modification does not result in a significant intensification of the use of the property as a church and associated activities. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood. The exterior building materials proposed for the gymnasium are similar to the materials used on the existing buildings. The Planning Commission placed this item on the consent agenda because the proposed addition to the existing church is appropriate, the proposal is compatible to the surrounding area, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. All conditions, with the exception of Number 1 and 2, attached to the Conditional Use Permit granted by the City Council on January 13, 1998 remain in affect. a. Condition Number 1 of the January 13, 1998 Conditional Use Permit is deleted and replaced with the following: Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled "Preliminary Site Plan and Landscape Plan for Building Addition to Tidewater Korean Baptist Church", dated October 16, 2006 and on file with the Planning Department. b. Condition Number 2 of the January 13, 1998 Conditional Use Permit is deleted and replaced with the following: The building additions shall be constructed in accordance with the two submitted building elevations and perspective rendering entitled, "Front Elevation (Parking Lot),Front Elevation (Overland Road) and Perspective View" and on file with the Planning Department ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Plan in Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. IL Trustees of Tidewater Korean Baptist Church Page 3of3 TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH Agenda Item 8 January 10, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: "°D Trustee of Tidewater Korean Baptist Church ', hlotlirKdUon o: COnCibonc Modification of the Conditional Use Permit approved by the City Council on January 13, 1998. ADDRESS/ DESCRIPTION: 301 Overland Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1467608153 2 -- KEMPSVILLE 2.78 acres SUMMARY OF REQUEST A Conditional Use Permit permitting a church expansion was approved by the City Council on January 13, 1998. That Conditional Use Permit has three (3) conditions: 1. Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled `Preliminary Site Plan for Building Addition to Tidewater Korean Baptist Church", dated October 23, 1997 and on file with the Planning Department, with the following revisions: The 18.5' proposed drive aisle shown on the submitted site plan shall be reduced to a maximum 15' in width. The 16 angled parking spaces shall be replaced with parallel parking spaces extending along the length of the drive aisle. 2. The building additions shall be constructed in accordance with the submitted elevations entitled, "Elevations, Addition to Korean Baptist Church of Tidewater" and on file with the Planning Department. 3. Existing vegetation shall remain on the northern, western and southern boundaries of the property. ��a•� p �T' � i I hlotlirKdUon o: COnCibonc Modification of the Conditional Use Permit approved by the City Council on January 13, 1998. ADDRESS/ DESCRIPTION: 301 Overland Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1467608153 2 -- KEMPSVILLE 2.78 acres SUMMARY OF REQUEST A Conditional Use Permit permitting a church expansion was approved by the City Council on January 13, 1998. That Conditional Use Permit has three (3) conditions: 1. Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled `Preliminary Site Plan for Building Addition to Tidewater Korean Baptist Church", dated October 23, 1997 and on file with the Planning Department, with the following revisions: The 18.5' proposed drive aisle shown on the submitted site plan shall be reduced to a maximum 15' in width. The 16 angled parking spaces shall be replaced with parallel parking spaces extending along the length of the drive aisle. 2. The building additions shall be constructed in accordance with the submitted elevations entitled, "Elevations, Addition to Korean Baptist Church of Tidewater" and on file with the Planning Department. 3. Existing vegetation shall remain on the northern, western and southern boundaries of the property. Condition 1 describes a specific site plan and is requested for modification to describe the revised site plan depicting the proposed gymnasium. Condition 2 describes specific building elevations, which do not show a proposed gymnasium. The condition is requested for modification to depict revised building elevations that show a gymnasium. This site has an existing church, social hall and meeting area with parking on one side. The existing church buildings consist of a stucco exterior sanctuary and preengineered metal buildings for the associated buildings. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is developed with buildings and parking. SURROUNDING LAND North: • Across Okengate Drive are single-family dwellings/ R-10 USE AND ZONING: Residential District South: • Single-family dwellings/ R-10 Residential District East: • Across Overland Road are single-family dwellings/ R-10 Residential District West: . Single-family dwellings/ R-10 Residential District NATURAL RESOURCE AND The majority of the site is developed. No, significant cultural or historical CULTURAL FEATURES: features are known to be associated with this site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Overland Road in the vicinity of this application is considered a two-lane undivided local street. Two Capital Improvement Projects are slated around this area (CIP No. 2-048 and 2-931); however, this Use Permit Modification will not be directly affected by either CIP project. CIP 2-048 involves the reconstruction of the Princess Anne Road/Kempsville Road/Witchduck Road intersection to increase the capacity of the intersection and eliminate current congestion problems. Currently, construction is scheduled between 6/2008 and 6/2010. CIP 2-931 involves the improvement of South Witchduck Road from Princess Anne Road to 1-264, creating a six -lane divided facility with aesthetic improvements. Currently, construction is scheduled between 7/2011 and 7/2013. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Overland Road No counts are No counts are available Existing Land Use — available for this for this roadway 772 ADT (Sunday) roadway. Proposed Land Use 3— 977 ADT (Sunday) Average Daily Trips 2 as defined by church Sas defined by church WATER AND SEWER: This site has an existing 1 -inch water meter (Meter 55396593) which may be used or upgraded. The site is already connected to the public water and sewer system. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The requested modification does not result in a significant intensification of the use of the property for a church and associated activities. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood. The exterior building materials used reflect the materials used within the rest of this property which had not been opposed previously. CONDITIONS 1. All conditions, with the exception of Number 1 and 2, attached to the Conditional Use Permit granted by the City Council on January 13, 1998 remain in affect. a. Condition Number 1 of the January 13, 1998 Conditional Use Permit is deleted and replaced with the following: Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled "Preliminary Site Plan and Landscape Plan for Building Addition to Tidewater Korean Baptist Church", dated October 16, 2006 and on file with the Planning Department. b. Condition Number 2 of the January 13, 1998 Conditional Use Permit is deleted and replaced with the following: The building additions shall be constructed in accordance with the two submitted building elevations and perspective rendering entitled, "Front Elevation (Parking Lot),Front Elevation (Overland Road) and Perspective View" and on file with the Planning Department 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 and Standards. 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. /ll!!lIiF/IImmi-i-Ino=MMET WA 6ic-, Its' A -Wo nZt^�c MR6 WZ STS IM3 MEMO W9 r7l Ap it Rm mo �3t fix oil LA min IS W?� lei .......... lei .......... A M G W 3 LL y x Q- ya p43 Z = �z 5$�= Z = r rx rL Q f Q i11 Y: z 0 iu J it._i._i r z 0 w Ll 0 0 N z FS- z LuzN A uj Lb 0 Q = Z Z affE d� 7< z O H C J W H ;- z OIL W 4 LL PROPOSED BUILDING ELEVATION (from Parking Lot), TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH Agenda Item 8 Page 8 PROPOSED BUILDING (Perspective Drawing) TRUSTEES OF TIDEWATER KOREAN 1 1/13/1998 1 Conditional Use Permit church Granted ZONING HISTORY NOIIV)flddV SNOILICN03 dO NOUDMIGOW D z u.i LU co 0 U U? O Z w 2 w Q w w D co 0 V a I NolIV3rlddV SNOIlICN03 10 NOUDIJEW 0 3 Zi z =ua N sC m_p�Qc s 45 a cXc„it 16 G .'� 5 G sear ciy Wz ° S" Ymi�r. m N— N Moo � •> N� V m Ri v � m O q m >� o 'o � a C? �° c o � c � 1 ,rs r..sr, c-oi •car tt�_oc 3`a� � Oman 7 qmm y��m:;t9ar`o�mE J>_ a C PIC C v C L .0 5m5 } C . to � j�' p fn C_.0 co 0 o L L � G mC ?`2 {J J-S.0Na a m Gs ,� L pNp .e G>c"4 G Tc'ox .c�c°gym°um�a onDCc°iQ `; O HE` G G O Q fl O TCU a m w Q � T�i m c S a `y' p— N c c sv S II. Oo# Cy+ry 'c q.Qc°io cn-4 ar °> � L n° o E ar..c_ c= ccL=v I NolIV3rlddV SNOIlICN03 10 NOUDIJEW I4 iS7 •� "' ,c1 N sC a L sear ciy Wz ° c ,icy Ya`C]�ti Moo � ac m O 1 ,rs It V ... u � a 7 _- � � � b,\+• � !- ccs j�' I NolIV3rlddV SNOIlICN03 10 NOUDIJEW I4 � a L G } N t m O Q O E ... u L 9 B _- G a Oma" U L pNp mB rna O Q Z'0 1 6 U �,E C C onDCc°iQ `; � T�i c II. Oo# Cy+ry 'c q.Qc°io i >� ] oo °a gouoa u q_ W u O. `0 c.mc ; m��''� 14 mums � 'an ammo `=�o �2•va � s n nE _b } i V a G m Q m •C � i L 4 �� Q T Lf 1 a+ �_ 1 ^� L n `o �r ro m^3 i i.�a � c3 -o s aa vmio°ate .�iomai aN se =m@ vi I ae m I NolIV3rlddV SNOIlICN03 10 NOUDIJEW Karen Prochilo -rom: rogjan@netscape.com Sent: Tuesday, January 09, 2007 5:56 PM To: Karen Prochilo Subject: Tidewater Korean Baptist Church Karen M. Prochilo Thank you for your information on the Tidewater Korean Baptist Church project After looking at the drawings, I have a few concerns. The proposed 65 ft x 83.5 ft gymnasium with 29 ft side walls will be as big as the Kemps Landing Gym. If they use the same construction as they have in other additions, it will be a standing seam metal building. It will look like an industrial building in a residental area. The 5600 sq ft area could be used as additional parking for a growing church. This neighborhood is a very quite one and I am concerned that the gym will be used late at night and also may be used to generate additional revenue for the church by renting it out. Both of the above concerns couldc create night time noise. Also, I don't want to see an industrial building every time I leave my house. Due to the above reasons, I am opposed to their project. Thanking you, I am, Very truly yours, Roger W. Gilbert 233 Oakengate Turn Virginia Beach, VA 23462 Netscape. Just the Net You Nee 1 Item #8 Trustees of Tidewater Korean Baptist Church Modification of Conditions 301 Overland Road District 2 Kempsville January 10, 2007 CONSENT Janice Anderson: The next matter is agenda item #8. That is the application of Trustees of Tidewater Korean Baptist Church. It is for a Modification of Conditions for a Use Permit that was approved by Council back in January 1998. The property is located at 301 Overland Road in the Kempsville District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson, again, for the record, Eddie Bourdon representing the Trustees of the church. A good number of the church members have come down this afternoon and I want to recognize them and thank them for coming. We appreciate being on the consent agenda. I wanted to address very briefly a couple of things that were brought up in the informal. The church has no objection to a condition being added that there won't be any chain link fencing, i.e., existing chain link fencing will be removed. They do anticipate they will replace it with a wrought iron style open fence at 4 feet in height but that is their option. The question regarding the gymnasium? It will never be open past 10:00 p.m., and it is only for members in the church. It will never be rented out to non-members of the church, which I think those were the two questions that came up this morning. I just wanted to put that on the record. Janice Anderson: Thank you Mr. Bourdon. Eddie Bourdon: Thank you very much. Janice Anderson: Is there any objection to this application being placed on the consent agenda? The Chairman has asked Henry Livas to review the application. Henry Livas: This application is for a Modification of a Conditional Use Permit approved by the City Council on January 13, 1998. The January 13, 1998 Conditional Use Permit allowed for a church expansion and this Use Permit has three conditions, which reveal the building addition along with the site plan revisions. Currently this site has an existing church social hall and meeting area with parking on one side. The existing church buildings consisted of a stucco exterior sanctuary and pre-engineered metal buildings for the associated buildings. The requested Conditional Use Permit modification is necessary to depict the proposed gymnasium. Consequently, Conditions #1 & #2 will be replaced with new conditions, which reflect the new gymnasium. Therefore, we recommend approval of the requested Use Permit modification. Item #8 Trustees of Tidewater Korean Baptist Church Page 2 Janice Anderson: Thank you Mr. Livas. Thank you Jay. Mr. Chairman, I have a motion for the approval of agenda item #8 with two conditions. Barry Knight: Thanks. There is a motion to approve. Do I have a second? Okay. Is there any discussion? There is a motion to approve consent agenda item #8 by Jan Anderson and seconded by Kathy Katsias. I'll call for the question. Ed Weeden: By a vote of 11-0, the Board has approved item #8 for consent. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #8 for consent. 02/05/2007 12:04 FA% 7574961081 CANON Lgjuuz 2830 Shore Drive, #801 Virginia Beach, VA 23451 January 27, 2007 Mayor Meyera Oberndorf City of Virginia Beach Dear Mayor Oberndorf and Members of the City Council, I'm writing in regards to an issue coming before the City Council on Tuesday, February 13th, 2007 regarding a request made by the Virginia Beach Resort and Conference Center located at 2800 Shore Drive, Virginia Beach, VA. The request is for a Conditional Use Permit to be used for outdoor music and entertainment, to take place on their outdoor deck which is open to the beach and neighbors_ The Planning Commission approved this recently, however, Seagate Colony owners were not properly represented to bring out reasons for our disapproval. it appeared by those who attended the hearing, that a decision had already been made to approve their request. The next action is to be taken with the City Council on the 10. The Conference Center often has receptions, parties, etc., on their deck which has indeed disturbed the neighbors. The music is always so loud that often we have to close our doors. Occasionally, I have called them to ask them to lower their sound. Their guests are also loud and the noise carries out a good distance. I also question their parking. With the Resort guests, their friends, the restaurant customers, the employees, the receptions and music guests, do they have adequate parking? They added an addition to their restaurant, did they add parking spaces? My wife and I have lived in Seagate Colony for eleven years and moved here because of the beautiful quiet beach in a residential neighborhood. We have concerns not only for the noise nuisance, but for our security with people hanging around the beach, trash left around, parking along the street areas, the volume of cars to be added driving on Shore Drive, and the safety along Shore Drive. We sincerely request these reasons be taken into consideration on the 13th of February and disapprove the request being made by the Virginia Beach Resort and Conference Center. Sinc ly yours, George J. Pappas -51 - Item V -L.4. PLANNING ITEM # 55986 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of CINGULAR WIRELESS for a Conditional Use Permit to install a wireless communications tower on an existing transmission tower at 5638 Baccalaureate Drive (Campus East and Lake Edward). ORDINANCE UPON APPLICATION OF CINGULAR WIRELESS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER Ordinance upon application of Cingular Wireless for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive (GPIN 1468230888). DISTRICT 2 — KEMPSVILLE Voting: I1-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: r rm, Council Members Absent: None January 9, 2007 CUP - for Outdoor Rec. and Amusement Facility v u'Bea� �ost� r .g� tnG w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Virginia Beach Resort and Conference Center for a Conditional Use Permit for a recreational facility of an outdoor nature (music and entertainment) on property located at 2816 Shore Drive (GPIN 15903164719530). DISTRICT 5 — LYNNHAVEN MEETING DATE: February 13, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow music and entertainment on the rear deck of the establishment adjacent to the Chesapeake Bay. The deck area is 2,356 square feet with 1,600 square feet covered by an awning. The applicant proposes live entertainment up to three (3) nights a week and up to 12 special events during the year. ■ Considerations: On October 6, 1982, the applicant received a variance from the Board of Zoning Appeals for a reduction in the required number of parking spaces from 424 spaces to 340 spaces, and to allow all the parking spaces to be delineated at 8 - feet by 18 -feet instead of 9 -feet by 20 -feet. The on-site parking does not appear to be adequate to handle a significant increase in patrons for these functions. There is no available on -street parking on Shore Drive at this location. The Landings neighborhood to the east of the site has very limited on -street parking, which is used by their residents. The Cape Story neighborhood located a couple of blocks east of the site (on both sides of Shore Drive) could also be impacted by parking. Additionally, due to the high level of concern for pedestrian safety on Shore Drive and to the desire to maintain a high quality of life for the residents of The Landing and the Cape Story neighborhoods, adequate on-site parking is critical to the safety of patrons to these events. The applicant feels that the outdoor music will complement his existing functions and will not significantly increase the need for parking. In 2002, the applicant erected a tent structure on the western side of the site. The area was used for special events, such as weddings. Staff received numerous complaints from adjacent property owners regarding the loud music. The applicant applied to the Board of Zoning Appeals for a side yard reduction from 15 -feet as required to a zero setback so a multi-purpose room could be built. The Board of Zoning Appeals granted the variance on February 19, 2003, based upon discussions with the applicant, staff, and adjacent neighbors that the multi- purpose room would be used for the special events and would eliminate the problem of the loud music audible from adjacent properties. Virginia Beach Resort and Conference Center Page 2 of 3 On May 23, 2005, the applicant was issued a building permit to install a canopy over the existing rear deck. The permit was conditioned such that there would be no amplification of music, no heating and air conditioning, and would not be enclosed. Staff has since received numerous complaints from the adjacent residential areas regarding loud music coming from the deck. The applicant was notified to cease live music and entertainment on the deck and to apply for a conditional use permit provided he could address the building and fire code issues. Staff continues to have reservations regarding the proposed outdoor music due to the facility's close proximity to residential uses and the tight parking situation. The applicant believes that he can conduct the outdoor music without negatively impacting the quality of life for adjoining residential neighbors. Staff agrees that if properly managed with respect for the neighbors, the use could be successful. The key is how the use is managed. Limiting the number of outdoor music events and putting a one-year time limit on the use, will allow the proposal to be monitored for compatibility. If approved, the attached conditions should be required. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. Occupancy of the deck area is limited to no more than 50 patrons unless the applicant can meet all requirements of the Virginia Uniform Statewide Building Code that will allow greater use. 2. Floor and egress plans shall be submitted to the Fire Official and Building Official for review and approval. 3. All parking for patrons shall be met on-site. 4. Live entertainment events and any outdoor amplification shall be limited to no more than two (2) evenings per week and shall conclude at 9:00 p.m. In addition, a maximum of 12 special events shall be allowed per year with no more than two of these special events occurring during any one month. These events shall end at 10:00 p.m. 5. The applicant shall provide trash receptacles on the deck area and the adjacent sand area during live entertainment events. The applicant shall also provide for necessary cleanup of trash after events. 6. This conditional use permit is for a one-year period to be renewed administratively. Virginia Beach Resort and Conference Center Page 3 of 3 8. A minimum of two security guards shall be at all events to monitor patrons and the amplification of the music. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . �- • 64'"L VIRGINIA BEACH RESORT AND CONFERENCE CENTER Agenda Item 17 January 10, 2007 Public Hearing Staff Planner: Karen Lasley REQUEST: Conditional Use Permit for a recreational facility of an outdoor nature (music and entertainment) ,. Conference Center Chesap,Oe Bay 00—WW---- 1W �W A l U.► /O/ii//i l .�� J ICA ��,�"� "` i+ �� � ♦=� s . Vic. � Ilfal`s E� �L4�! �t `s ��r •a` �� �' � � Zig i 1��/ ADDRESS / DESCRIPTION: Property located at 2816 Shore Drive GPIN: COUNCIL ELECTION DISTRICT: 15903164719530 5 - LYNNHAVEN CUP .tor Outtloor Rec. arid Amusement Facility SITE SIZE: 4.05 acres (176,228.08 square feet) APPLICATION HISTORY: This application was deferred on August 9, 2006 to provide the applicant time to address several outstanding issues. The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST music and entertainment on the rear deck of the establishment adjacent to the Chesapeake Bay. The deck area is 2,356 square feet with 1,600 square feet covered by an awning. The applicant proposes live entertainment up to three (3) nights a week and up to 12 special events during the year. The applicant proposes limiting the hours to no later that 10:00 p.m. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Virginia Beach Resort and Conference Center Hotel occupies the site. SURROUNDING LAND North: . Chesapeake Bay USE AND ZONING: South: 0 Shore Drive East: . The Landings / B-4 (SD) Mixed Use (Shore Drive Corridor Overlay) West: . Mariner's Mark / B-4 (SD) Mixed Use (Shore Drive Corridor Overlay) NATURAL RESOURCE AND The site is located on the Chesapeake Bay and is within both the CULTURAL FEATURES: Resource Protection and Management areas of the Chesapeake Bay Preservation Area. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIE): Shore Drive is a four -lane divided major urban arterial. This section of roadway is shown on the Master Transportation Plan as a 150 -foot wide divided roadway. The Shore Drive Phase Demonstration Project, Phase III, is a planned Capital Improvement Program project that includes the section of Shore Drive in front of the applicant's site. This project will increase capacity of the Shore Drive / Great Neck Road intersection and improve pedestrian safety through the corridor. This project is scheduled to begin construction in 2010. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 44,395 ADT 27,300 ADT Existing Land Use — 1,747ADT Average Daily i rips 2 as defined by 2951odging units during peak generator hours WATER and SEWER: The site is connected to City water and sewer. BUILDING CODES: Occupancy of the existing deck is limited to no more than 50 patrons unless the applicant can provide adequate egress to a public way and adds additional restroom facilities in accordance with the Virginia Uniform Statewide Building Code. Introduction of live music will change the Building Code use of the deck from an accessory to the hotel to a nightclub, as defined by the Virginia Uniform Statewide Building Code. The applicant must then address egress, fire protection systems, and restroom facility issues. The applicant has met with the Building Code Official and has submitted a plan to address the issues. FIRE: If the deck is enclosed with more than an awning, an extension of the fire sprinkler system is required. Floor and egress plans and proposed occupancy loads must be submitted to the Fire Official and Building Official for review and approval. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Bayfront area is a unique resort residential community. A prominent current trend in the Shore Drive Corridor is the rezoning of commercial properties to residential uses, emphasizing the attractiveness of the area for residential uses. A goal of the Shore Drive Corridor Plan is to protect and enhance the quality of residential communities in the corridor. This site has residential uses on both sides of the property with little more than 15 feet to 20 feet of area between uses. Introduction of live entertainment on this site will do little to protect the adjacent residential uses or enhance the relationship between the residential and commercial uses. Evaluation: On October 6, 1982, the applicant received a variance from the Board of Zoning Appeals for a reduction in the required number of parking spaces from 424 spaces to 340 spaces, and to allow all the parking spaces to be delineated at 8 -feet by 18 -feet instead of 9 -feet by 20 -feet. The on-site parking does not appear to be adequate to handle a significant increase in patrons for these functions. There is no available on -street parking on Shore Drive at this location. The Landings neighborhood to the east of the site has very limited on -street parking, which is used by their residents. The Cape Story neighborhood located a couple of blocks east of the site (on both sides of Shore Drive) could also be impacted by parking. Additionally, due to the high level of concern for pedestrian safety on Shore Drive and to the desire to maintain a high quality of life for the residents of The Landing and the Cape Story neighborhoods, adequate on-site parking is critical to the safety of patrons to these events. The applicant feels that the outdoor music will complement his existing functions and will not significantly increase the need for parking. In 2002, the applicant erected a tent structure on the western side of the site. The area was used for special events, such as weddings. Staff received numerous complaints from adjacent property owners regarding the loud music. The applicant applied to the Board of Zoning Appeals for a side yard reduction from 15 -feet as required to a zero setback so a multi-purpose room could be built. The Board of Zoning Appeals granted the variance on February 19, 2003, based upon discussions with the applicant, staff, and adjacent neighbors that the multi-purpose room would be used for the special events and would eliminate the problem of the loud music audible from adjacent properties. On May 23, 2005, the applicant was issued a building permit to install a canopy over the existing rear deck. The permit was conditioned such that there would be no amplification of music, no heating and air conditioning, and would not be enclosed. Staff has since received numerous complaints from the adjacent residential areas regarding loud music coming from the deck. The applicant was notified to cease live music and entertainment on the deck and to apply for a conditional use permit provided he could address the building and fire code issues. Staff continues to have reservations regarding the proposed outdoor music due to the facility's close proximity to residential uses and the tight parking situation. The applicant believes that he can conduct VIRGINIA BEACH RESORT AND CONFERENCE CENTER Agenda Item 17 Page 3 the outdoor music without negatively impacting the quality of life for adjoining residential neighbors. Staff agrees that if properly managed with respect for the neighbors, the use could be successful. The key is how the use is managed. Limiting the number of outdoor music events and putting a one-year time limit on the use, will allow the proposal to be monitored for compatibility. If approved, the following conditions should be required: 1. Occupancy of the deck area is limited to no more than 50 patrons unless the applicant can meet all requirements of the Virginia Uniform Statewide Building Code that will allow greater use. 2. Floor and egress plans shall be submitted to the Fire Official and Building Official for review and approval. 3. All parking for patrons shall be met on-site. 4. Sound amplification and all live entertainment of any kind shall cease at 10:00 p.m. 5. Live entertainment events and any outdoor amplification shall be limited to no more than two (2) evenings per week and shall conclude at 9:00 p.m. In addition, a maximum of 12 special events shall be allowed per year with no more than two of these special events occurring during any one month. These events shall end at 10:00 p.m. 6. The applicant shall provide trash receptacles on the deck area and the adjacent sand area during live entertainment events. The applicant shall also provide for necessary cleanup of trash after events. 7. This conditional use permit is for a one-year period to be renewed administratively only if the City receives no complaints. The Zoning Administrator shall start the revocation process at any time during that year if the conditions above are not being met. 8 A minimum of two security guards shall be at all events to monitor patrons and the amplification of the music. 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 and Standards. 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. ..=3-4 WA PHOTOGRAPH OF BUILDING ZONING HISTORY 1. 2/19/03 BZA Variance ("0" Side yard setback) Approved 7/17/02 BZA Variance ("0" Loading spaces) Withdrawn 7/9/96 Conditional Use Permit (Rooftop Communication Facility) Approved 317/83 Street Closure Denied 10/6/82 Variance Number and Size of Parking Spaces) Approved 2. 2/26/90 Conditional Use Permit Home for the Aged) Approved 3. 8/22/95 Reconsideration of Conditions Approved 6/27/95 Conditional Use Permit (Home for the Aged) Approved 6/22/93 Rezoning (B-2 Community Business to Conditional B-4 Resort Approved Commercial) and Conditional Use Permit Home for the Aged) 4. 1/4/94 Rezoning (B-2 Community Business to Conditional A-18 Apartment Approved with a PD -H2 Planned Unit Overlay) 5. 7/6/99 Conditional Use Permit (Boat Sales and Service) Approved 10/23/89 Street Closure Approved 3/20/89 Subdivision Variance and Street Closure Approved 6. 8/21/90 Conditional Use Permit Billiards Approved 7. 6/27/00 Rezoning (B-4 Resort Commercial / Shore Drive Corridor Overlay to Approved Conditional A-12 Apartment with PD -H2 Planned Unit and Shore Drive Corridor Overlays 8. 4/24/90 Conditional Use Permit (Miniature Golf and Ice Cream) Approved':" VIRGINIA BEACH RESORT 1p PAP Noilvalliddv li-pRl3d gsfl rIVN011Ii NO3 vL`• iy — ` � �77, C. 171 R: T G u 4 s � s v „ ..- TZ C t a v v E v � _ u k J Y I L. _ u —tr t E U L = aA t4= k Y • 3 � :� = a.i�aE..�ao 45 ,; k y i x ✓� _ Y 5 N IT c -2 Noilvalliddv li-pRl3d gsfl rIVN011Ii NO3 C. 171 R: T G 4 � s ..- c c $ t E v � _ u k I L. _ t Noilvalliddv li-pRl3d gsfl rIVN011Ii NO3 DISCLOSURE STATEMENT VIRGINIA BEACH RESORT AND CONFERENCE CENTER Agenda Item 17 Page 10 E v s DISCLOSURE STATEMENT VIRGINIA BEACH RESORT AND CONFERENCE CENTER Agenda Item 17 Page 10 Item #17 Virginia Beach Resort and Conference Center Conditional Use Permit 2816 Shore Drive District 5 Lynnhaven January 10, 2007 REGULAR Barry Knight: Mr. Strange, the next agenda item to be called. Joseph Strange: The next agenda item is item 17, Virginia Beach Resort and Conference Center. An application of Virginia Beach Resort and Conference Center for a Conditional Use Permit for a recreational facility of an outdoor nature (music and entertainment) on property located at 2816 Shore Drive, District 5, Lynnhaven, with seven conditions. Barry Knight: Thank you. Mr. Nutter, if you would, just for a second. Ladies and gentlemen, as you know, this is probably going to be a highly debated issue, and we want to give everybody the opportunity to speak, and you will have three minutes. Our timekeeper is going to hold you to that, but if you feel that you need to speak, we absolutely welcome you to speak. Please come forward if you like to concur with the previous speakers. You're more than welcome to do that. Thank you. Mr. Nutter. Welcome. R.J. Nutter: Thank you very much Mr. Chairman. First off, congratulations on the election, and Mr. Scott, it is hard to imagine having this meeting today like this, and I always wanted to know what it would be like to have my last Planning Commission, and what I would really say, at any rate.. For the record... Donald Horsley: You do like I do. You keep on coming back. R.J. Nutter: Good pennies always come back. Anyway for the record, my name is R.J. Nutter. I'm an attorney representing the applicant, Virginia Beach Resort and Conference Center. Actually, this application, I think, has come an enormous distance since it appeared before you in August of last year. During that time period, a significant amount of debate, discussion and adjustment has been made both by the applicant and in meetings with the adjacent property owners. So, I think it comes before you today in a very different light. I want to give you a little history on this so you will understand why it is before you, because it is unusual. First the hotel, it is located on property zoned B-4, a permitted use. This hotel has 295 rooms. I say that because it is one of the largest hotels in the city. It is a big part of Virginia Beach's effort to attract business and conventions to the City of Virginia Beach on a year round basis. It is, like I say, I believe, it is the largest hotel in the city. By way of comparison, the standard hotel at the Oceanfront, for Item #17 Virginia Beach Resort and Conference Center Page 2 the most part is about 150 rooms; so, you can see the benefit of having a facility this size on the Chesapeake Bay, in the City of Virginia Beach. You will hear speakers later attest to how many attractions and conventions that could not come to this city, but if it was not for this hotel and convention center. It also has an outstanding reputation, as almost 25 years old. It has been operation for an excess of 20 years. It has won virtually every award that you can win the hotel business. It is family owned and operated, and has been, so it is not owned by a chain. The owners of this hotel are long time residents of the City of Virginia Beach, and have operated this business, as Mr. Henley said in the early session, very proudly and rightfully so. Now, the reason why we are here today, quite frankly, is because consistent with the hotel business, they have had occasions for events at the hotel. People would lease the space at the hotel for, quite frankly, conventions. They would have people who would have marriages at the hotel. There are wedding receptions. There are any number of Rotary Clubs that have meetings at this facility. The Shore Drive Coalition of Community Associations will have meetings at this facility. They will lease this facility. And the purpose for which we seek this permit today is not for the general public at large. It is for those associated with the hotel. There are guests at the hotel and the convention that have leased this facility for an event at the hotel. It is not an independent restaurant acting independently as the Duck -In was, so; I want you to distinguish that very clearly. It is not a restaurant. The restaurant is only in conjunction with the hotel. Second, it operates as a hotel. It is a condominium hotel, which means they are individually owned, but they are operating 100 percent as hotel rooms, which may help your analysis of this. This is a full-service convention hotel. What led to this, quite frankly, over the course of years, the City has been issuing special event permits for outdoor entertainment, as they do here or for any other place in the city for a number of years. So, much of what is occurring on this property has occurred for a period of excess of 20 years. And you say why? I have questions all the time. Why are you coming if it has been coming on all that time? I will tell you why. The City really changed its policy with regard to special events. When the Duck -In went away, the City decided, frankly if there was more than two events to be held at a distinctive location in the city, they would view that as really requiring a Use Permit now and not just a special event permit. So, even if this has been going on for a continued period of time. You can gauge that today by the people who are going to speak in favor of it. It has been going on for years, and we have had no trouble. And, thee are those who said it has been going on for years, and we've had all kinds of trouble. So, the common denominator in both those presentations is that this has been going on for a long time. This is not something that is beginning today. And, so we have a track record from that and a very good one, I'm happy to tell you. But, I want to let you know that this has been going on for a long. But for that change, we wouldn't really be applying today. We would be applying for a special events permit as we have in the past. So, in this case, the Use Permit does, however, allow us to gauge this in a very nice way. What we have to do, and we have to do this a lot in the city as it get more mature, we have an existing, very significant commercial use. As a matter of fact, it is one of the highest grossing taxpayers in the venue of Shore Drive, located right where it is supposed to be, right around a resort beach. Right on the Chesapeake Bay overlooking the Bridge Tunnel. Adjacent to that, also frankly, with permitted uses Item #17 Virginia Beach Resort and Conference Center Page 3 that are residential. So we have two permitted uses in close proximatity to one another. And the question is how we put those two together in a way they can operate so that both lawful purposes can function in an integrated manner. I believe that the application that we have before you today does that. It has been a result of quite a bit of outreach. I will tell you that we have had a number of meetings with adjacent property owners, different civic associations, and that has resulted in, and I believe Karen passed out to you earlier, or should be passing that out shortly, a large list. We have a petition signed by over 500 residents in the City of Virginia Beach in support of this application. Many of whom are in close proximatity of this facility. And, in addition to that petition, we have letters signed by no fewer than 10 residents of Mariner's Mark here. We have a letter from the president of The Landings, located right here, in support of the application. We have a letter from Todd Solomon in his capacity as president of the Cape Story by the Sea Civic Association in support of this application. And, in addition to that, numerous letters from adjacent residents who have lived here for some time, all saying that we've come here on many occasions; we support this; this a good use of this property. I want to make some specific notes in some of these letters because this is a lot of information. I kind of like some of the comments made. I think in Todd Solomon's letter for instance. He points out that this will not abuse their privilege, and they have always, and will continue to be a good steward to the community. They are not asking for anything more than what has taken place in the past, and therefore we urge your approval of this. He goes on to say how many occasions that the hotel has reached out and been a good neighbor. A similar letter from Charles Smith, president of The Landings Homeowners Association in support of this application. He goes into the conditions and restrictions, some of which are already contained in your staff recommendations and some we are going to be adding, as I indicated to you in your early session we would be doing. We have, therefore, a wide variety of support for this. I am certain that along Shore Drive, it is rare that an unanimity of opinion is probably an impossibility. But, I would tell you that there is overwhelming support for this. It is by a very strong, well known, well liked, operators of this facility who have a strong history of this property for some time. Can I go over just briefly the conditions on this application, because they are important as they form the basis for why this makes perfect sense? We have a couple of amendments that we would like to place to them, in part in relation to doors, as indicated earlier this morning. The first conditions are fine. I see that staff has amended number 5. That amendment is fine. If I could go back to amend condition 4, and it indicated that we would have no sound amplification or live entertainment. The times we shall cease at 10:00 pm. We would have that 10:00 pm on Friday and Saturday night. Ten pm will be the limitation of time on Friday and Saturday evenings. On Sunday evening through Thursday evening, it will be 9:00 pm. We indicate that to the residents, and we would follow through with that submission as well. The other change in the conditions is that in condition 7, there will be an administrative review on a one-year basis, assuming you receive no complaints. Mr. Redmond, I couldn't agree with you more. There is a foregone conclusion there will be complaints. And, after discussing it with staff, it was really never intended by us that this would be the basis of a complaint issue. It would be continued on a basis of one year, providing we comply with the conditions. If we have more events than we are supposed Item #17 Virginia Beach Resort and Conference Center Page 4 to and music is going to shut down by 9 or 10 o'clock, if all those things are not met, then fine. That would be the intent of this and that is why I believe for the one-year period it makes perfect sense. Finally, we would add condition 8, and this is from the comments this morning from Mr. Henley, who attended last night's meeting, namely that, in this case, we would add security. There would be at least two security representatives from the hotel at each outdoor event. There is security at the hotel 24 hours anyway, but I wanted you to know that there will be at least two security people involved at any outdoor event in addition to those conditions. With these conditions, I think you then have a really strong merit of events here, and that the facility has been operating a full functional hotel, and the other one that accommodates residences in proximity to it. I urge you, and I know you have a lot of speakers today, but I want you to take a look at some of the letters and petitions, and you will see a wide, wide range of support for this, so we appreciate it. I know that I'm over my limit Mr. Weeden. I apologize, and I'm happy to answer questions Mr. Knight that you and the others might have. Barry Knight: Mr. Livas has one. Henry Livas: Just want to clarify condition 7. Are you proposing that we take out the first sentence? R.J. Nutter: I'm actually proposing that you amend that instead of receives no complaints. Henry Livas: I agree that it should be changed. R.J. Nutter: I proposed that instead of a one year period for it to be renewed administratively, only if the City does not have evidence of violation of the conditions. So, as long as we don't violate the conditions, then it would be approved. If we do violate the conditions, then staff can either revoke it as she indicates or bring us back. That, we think, is very reasonable. Barry Knight: Ms. Katsias? Kathy Katsias: It is my understanding that the Resort and Conference Center is one of the very few properties that haven't signed the easement with the City of Virginia Beach. Can you tell me why? R.J. Nutter: Yes. I'm happy. We have been in negotiations with the City, as have the adjacent neighborhood of Mariner's Mark also has not signed those easements, as I might point out. So, at any rate, we have advised that City. We have met with, I have not, but the owners have, told the City that they are happy to work out the conditions of the easement that would facilitate that. Kathy Katsias: Would you make that one of the conditions? Item #17 Virginia Beach Resort and Conference Center Page 5 R.J. Nutter: We prefer not to make it a condition. I can tell you that it can be solved through the conditions that are in here today, because one of the requirements of the Fire Code on this is that we have to provide access or access to a public space. The fact that we have, right now, access off the back of the deck on to the beach is deemed insufficient. If there is an easement, and we have access to that easement, that would be sufficient. So, that will give you some idea of the connection. And, the reason for that, I'm being told, is what difference would it make if you get under the beach if it is public or private. From a Fire Code perspective, it appears that as long as it is a public easement, then there couldn't be any intrusions. There could be no structures built that would block that access way. So, I think you will find that we can deal with in that fashion. There are a number of other things that are going on at the hotel, which the city is involved in negotiations and that is one of them. That is why we were reluctant to make it part of this particular application, although I think that as Karen has told you earlier, we have every intent of resolving that issue favorably. Kathy Katsias: Thank you. Barry Knight: Are there any other questions of Mr. Nutter at this time? Okay. Thank you. Bill Macali: Mr. Chairman? May I mention one thing? Barry Knight: Mr. Macali. Bill Macali: Ordinarily, I wouldn't get into what the conditions should be, but there is a specific code procedure which is in the CZO where administrative renewal of a Conditional Use Permit, and unless Ms. Lasley sees some reason for not going straight by what the City Code says about the administrative renewal of Use Permits, I'm not sure we need to change that with particular applications. Barry Knight: So what you are saying is that if it violates the conditions of the Use Permit, you can jerk it anyway basically. Bill Macali: That is right, and also just for the renewal process, there is a special procedure as well. Barry Knight: Ms. Lasley? Karen Lasley: My concern is that he can read all these conditions perfectly, and it still cannot be a good situation for the neighbors. My idea was to give it more of a one-year trial basis, and have it come back and let everyone hear it again. Either way. Barry Knight: We discussed this prerogative with the Commission to leave the conditions for an administrative review, or if we want to, we can make this a one year Item #17 Virginia Beach Resort and Conference Center Page 6 Conditional Use Permit. And they would have to come back in a year. We will discus that later when we get into our discussion phase. Are there any other questions for Mr. Nutter? Thank you. R.J. Nutter: Yes sir. Thank you very much. Joseph Strange: Does Dr. Shifflet want to speak also? Dr. Harvey Shifflet speaking in support. Barry Knight: Welcome sir. Harvey Shifflet: Thank you. I really appreciate you having us here today. This has been a very long process. Ed Weeden: State your name for the record please. Harvey Shifflet: I'm Dr. Harvey Shifflet. I'm the managing owner of the Virginia Beach Resort Hotel. I'm one of the original developers. It was in the planning works for over five years. We have been in operation for over 20 years. I can say as Al came and heard us talk, we're very proud of the hotel. We have brought many people in this city that have been a tremendous benefit to our city. I will give you one example. Last night, I went into the bar area, and there were maybe five people there. The heads of Pepsi-Cola were in our bar. The person who designed our hotel designs every Pepsi-Cola manufacturing plant in the country. And that is who was there. They are friends of mine, and Jerry Cox, who is the architect. That is the kind of relationship we have with so many people. Another person is Lorraine Vernon, the Chairman of Lillian Vernon. When Lillian Vernon first came to Virginia Beach, she stayed at the penthouse at our hotel. I met her. We are the corporate hotel for Lillian Vernon. She has since sold the business but now the Chairman of Lillian Vernon, a whole group. It is not just Lillian Vernon. They are brining everybody to our city. They are transferring them here. We, feel we have been a part of that. When the people at his company talked to my daughter, Stacy who makes every reservation, she said our chairman is the best public for the hotel in the world. He tells everybody what a great place it is to stay. I can tell you I have had a place at The Landings. We only use it occasionally. Our neighbor, who is like there on the weekends, and I have a place sitting there. I lived there for three years with my wife. I live at that property. All I can say is that if you were to read this packet, we got tremendous, tremendous support. One other little thing that I would like to say is Henry Livas has played a high level of quality tennis. The tennis club that I developed, which is associated with the hotel. And we bring the highest tennis level people here every year throughout the country. They played a national girls tournament. I bring it to the city. I brought national television to the city. What is Lindsey Davenport? She made number 1 in the world. She won our tournament. That is the type of people that we bring. We were the number 1 tennis club out of 6,000 clubs in the whole United States. You can only win it once. I've- done that, or we have done that, on our own. One daughter, who Item #17 Virginia Beach Resort and Conference Center Page 7 runs the hotel, and my other daughter runs the tennis club. I've developed Meadow Ridge. I've developed Wimbledon. It isn't a thing that I'm not proud of this city. I also built the Rose Hall Professional Building, Rose Hall Shops. Everything that I've done is quality. I just want to let you know that. I do care about the city very much. Thank you so much. Barry Knight: Thank you. Are there any questions for Dr. Shifflet? Kathy Katsias: I would sponsor him if he wanted to say more. Barry Knight: Is there something pertinent? Ms. Katsias will sponsor you if you need to speak for a few more seconds to just to finish something. Harvey Shifflet: I would like maybe a little closing because this is a big issue. For 20 years we have had music. It isn't something new. We were there first. We have many Mariner's Mark people who endorse this music. We have many Landings people that endorse it. We got people in Seagate that endorse it. As Todd Solomon, and all of us know Todd Solomon, his civic league endorses it. He has also said in his letter, and I hope you read, what a good neighbor we are. So, I just want to let you know that we are here. We're going to be here. We're here because of complaints. We had 24 police complaints since 2003, and twenty-three were unfounded. I was there for half of them. My daughter was there for the rest of them. They apologized for coming to our hotel. The police have got better things to do. So, we're here because of an unfounded complaint. Number 1 is that they see a problem with outdoor music. And that is why we are going through this whole process. It has taken a long time and a lot of energy. I think it really has been harassment to our business. All I want to do is a good business for our city. So, I thank you for listening to me. Barry Knight: Mr. Bernas? Jay Bernas: A question. Barry Knight: Mr. Shifflet? We have a question for you. Harvey Shifflet: I apologize. Barry Knight: No. That is fine. Mr. Bernas has a question for you sir. Jay Bernas: I'm sorry but I may have nnissed this when R.J. was doing his original talk. The purpose for the outdoor venue. Is that for the existing hotel guests? Is that for the neighborhood, for your restaurant, the purpose of the outdoor music? Is that to generate more business or is that just to entertain your existing hotel guests? Item #17 Virginia Beach Resort and Conference Center Page 8 Harvey Shifflet: I would say 95 percent is the hotel guests. I can promise you that the reason why we are going to 9:00 during the week and 10:00 on the weekend is because of our guests, and also the neighbors. The Landings suggested going to 11:00 on the weekend, Friday and Saturday. We don't want to do that. Our guests, who pay in the summertime close to $200 - $400 a night, we want them to come back. We want to have the amenity. Unfortunately, one of our guests told me this summer, and I know a lot of them, they said it seems dead here. We are going to have one speaker that comes play the guitar. He has become friends of the many neighbors in the area. But 95 percent of our guests, that is where we make our money. We don't make it on food and beverage. A hotel needs amenities. If you don't have them, they will go to another city. Barry Knight: Ms. Katsias? Kathy Katsias: If the parking lot is filled with residents of the hotel and you have all these activities, where do you have any adjacent parking that you are going to be using? Harvey Shifflet: Fortunately, we have been good neighbors, and Kal Kassir is going to speak. We have worked out in our neighborhoods that when people don't need parking that we can get parking. We have never turned our guests away when they can't park on property but our employees can park on property. We have made that arrangement. So, we have more parking than any hotel in the city of Virginia Beach. The other thing that I want to state, and I've told the people that are going to say that we are going to be a Duck -In. The worse thing our hotel can be is a Duck -In. I do not want a Duck -In. I'll never have a Duck In. So, I just want to make that a fact. So, we don't have people coming to listen to our music. One nice letter. That lady spoke last night, she wrote us a letter. She couldn't be here today. But she said they enjoyed our music. They walk. They are neighbors. That is what we want. We want mature music. She also put in there that it isn't for the young people. When young people hear the type of music we play, they just take off. We're gearing to the middle age, and that is the clientele that we do at the hotel. We do have special groups like tennis to the young people. We do have soccer. The CAA. The commission I'm a friend of. The athletic director is my best friend. They come and have meetings at our hotel. That is the type of people. So, that is the people, and the music we play, are conducive to them. Some people just don't like music. But we got plenty of people here today, and over 100 people that do like music. I can promise you we're not going to do anything that is offensive to our guests because if we do, we won't have them as repeat business. Kathy Katsias: Thank you. Barry Knight: Ms. Wood has a question for you. Harvey Shifflet: Dr. Shifflet? I wanted to ask you about following up on Kathy's question to R.J. Would it bother you if we put in there about having the public beach Item #17 Virginia Beach Resort and Conference Center Page 9 access as a condition. It is really something I think that is important to many of the commissioners. Harvey Shifflet: I have some things going on that I would like to work out with the City. I have been in touch with pretty much high level City officials on this issue. They know I want to work it out with them. It will be worked out. I just don't want to pin it to this one condition. I'm a businessman. I've developed 100 million dollars of property for the city. I'm one of the highest taxpayers. The hotel is one of the highest taxpayers in the city. I want to work it favorable for the city. I want the beach replenished. I want the easement. I want that. I just need reasonability from the city with me. And, I don't just want to pin it on this one issue. But I can promise you that it will happen. Dorothy Wood: By next summer you think? Harvey Shifflet: Yes. I would like to have it by March, before then. I think it a great thing we need to do. We need to protect our beaches. It is something that I want very badly. And I'm sure it can be worked out. Dorothy Wood: Thank you. Barry Knight: Mr. Macali has a question. Bill Macali: Mr. Chairman. I think our office would prefer that the issues be separated as well. We do think that the easement will be obtained, but probably it is best done separately from this. Barry Knight: Thanks for the clarity. Are there any other questions? Kathy Katsias: Thank you Mr. Shifflet. Harvey Shifflet: Thank you. Barry Knight: Thank you sir. Harvey Shifflet: Thank you so much. I'm glad to be here. Barry Knight: Mr. Strange? Joseph Strange: The next speaker in support is Stacy Patrick. Barry Knight: Welcome ma'am. Stacy Patrick: I'm Stacy Patrick. I'm the General Manager at the Virginia Beach Resort Hotel and Conference -Center. I would first like to thank my management staff for being Item #17 Virginia Beach Resort and Conference Center Page 10 here today in support and ask them to stand. Thank you. I have been at the hotel full- time for 16 years. The other four years I was in college, and I worked in the summer times. I just wanted to stress what R.J. any my dad have said that we do not want to be Duck -In. Our first and foremost obligation is to our guests, and we have 295 guest suites that sit on top of our hotel on our first floor. And, if you think the complaints and the concerns that you will hear today from our neighbors are bad, I would be hearing that times 295 every night for the two nights a week, and the additional twelve from our hotel guests. So, I want you all to know that we will. Bob is going to speak. I can't define "Bob like", but that is the type of music that we will have. It was brought up last evening about us not being able to control the music. I cannot control the volume, nor does the City have a decibel reading for the volume. But, I will do my best, and we contract for those two nights a week. I am paying them. I certainly can control whether they continue if we have a problem or a concern. The additional twelve nights, we're willing to work into our contracts with those groups that if there are concerns from the community, as well as our hotel guests, regarding the noise level that they will be asked to keep that down, and if they cannot do that, they will be asked to stop, and that will be part of that contract. Thank you very much. Barry Knight: Are there any questions? Thank you ma'am. Mr. Strange? Joseph Strange: Our next speaker is Bob Linsly. Barry Knight: Welcome sir. Please state your name for the record. Bob Linsly: Robert Linsly. I'm Bob Like. It is hard to describe me. It is hard to describe my music. I describe it as a Caribbean redneck sound. It is quiet. It is calm. It is a lot of fun, and I enjoy my self. Greeting to all here. My name is Robert Linsly. I'm a 50 -year old local resident, 28 years in the school system from classroom to administrative experience. I am currently teaching Elementary P.E. I am having a great time doing it. I live a half -mile from the hotel. I know the neighborhood, the area and the city, and I have been a professional musician since 1981. I am the music guy they want to put in for the summer. I have been there a lot. Seen a lot. Done a lot. I have a great relationship with the neighbors on both sides of the hotel. A few examples are the President of Mariner's Mark, who used to sit on his balcony and write on an erasable sign, "Bob, play this". I would do that and it would be kind of neat. His wife, name Laura. They both love that I did. Because of his job, he has since moved back to Arizona. I consider that a loss for the neighborhood and our family. There are two other families that I waive to and talk to all the time. They were right behind where I was playing in the same building as Peter and Laura. I can turn around and waive to them and ask them what they're having for dinner. It's gotten to the point where I've gotten very close to the number of people there, and they are in the building directly behind me. I tell them its AT&T. Reach out and touch someone. That is how close they are. Concerning Seagate, I played a retirement party at Seagate. I'm 50 years old and I played a retirement party. What does that tell you? I have residents come over and listen to my music. I have one resident who Item #17 Virginia Beach Resort and Conference Center Page 11 actually comes over and sings with me on occasion. "We do the `Lion Sleeps at Night"'. "He is awesome". "He is great, and things like that". Concerning The Landings on the other side, it is on the east side of the hotel. I have a regular group that comes over to listen from there. I have also played their neighborhood Labor Day party with over 100 guests for the last two years. That is right outside the hotel. They seem to like what I do. I've been with the hotel for seven seasons. It would have been eight this year, but it was cancelled, and I lost a lot of money because of the various reasons. On the Fourth of July, they took a large contingent of Portuguese people coming from Washington, DC. They see me every year and say "Bob, Bob, Bob". We have a great time. It's a reunion. I see them. I watched their kids grow up. I've established relationships with hotel guests to the point where they come back each year. I see them and their families. Their children sing and dance quite often when I play. I'm a neighborhood fixture playing for a number of Shore Drive Oyster Roasts and Cape Story by the Sea Fourth of July celebrations. In closing, I am mature enough and wise enough to know what is appropriate and acceptable or not in an outdoor restaurant location. I have performed on the Boardwalk for numerous summers, and I think this situation is different now that it is not as wide open as the resort strip, and we have much more control on what goes on here. We also have been doing this for a long time. I've been an asset to the hotel and an ambassador for the City of Virginia Beach. I pride myself on being a tourist specialist. The Virginia Beach Resort Hotel is not making an unreasonable request. They are bending over backwards to accommodate their neighbors, who by the way moved in next to a "hotel" and now want to dictate what an established business can do or not do, ignoring fairness plus tolerance on something they perceive to be bad. Thank you for your time. I hope this matter will be resolved quickly to the benefit of both sides. Barry Knight: Thank you. Are there any questions? Mr. Bernas as a question. Jay Bernas: I just have a quick question. In your opinion, do you think the opposition is because of the volume that you play, or is it just the type of music? Just in your opinion. Bob Linsly: I don't know. I really don't know for sure. I mean, I think there were issues with bands a year or so ago, and I think that set them off. As a result, I've been here enough time, and we've been fine. So, I think it's a matter of what was in there, and I think they're nervous. I think they're worried about what's coming in, and that is what we're trying to establish. That is the only answer that I can give you on that. There might have been some volume complaints. I don't think I am. I don't think that I am that loud. Barry Knight: Are there any other questions? Okay. Thank you sir. Bob Linsly: Thank you. Joseph Strange: The next speaker is Mark Landers. Barry Knight: Welcome sir. Item #17 Virginia Beach Resort and Conference Center Page 12 Mark Landers: I have two issues with the hotel. First of all, I'm a neighbor. I live in The Landings condos to the east of the hotel. I don't mind them being there at all. Actually, I like the fact that they are there. It gives me someplace close to go. I can go down and listen to some music, get something to eat; and not have to drive after I'm done. Secondly, I'm also a tenant. I represent Safeway of Hampton Roads. We rent a retail office space from them and conduct business in there. We found it to be very good for our business to be at the Resort Hotel. We found the demographics to be favorable from what we would get down at the Oceanfront in terms of the guest that come to the hotel. We think that what they have to offer with respect to outdoor entertainment would be an asset to our neighborhood and to my business both. Thanks very much. Barry Knight: Thanks. Are there any questions? Thank you sir. Joseph Strange: The next speaker is Jamie Caron. Barry Knight: Welcome sir. Jamie Caron: Welcome. Thank you. My name is Jamie Caron. I'm the Director of Sales for the Virginia Beach Resort Hotel and Conference Center. I'm pleased to be here. I want to first explain that I have a total of 21 years experience in the hospitality industry in the Hampton Roads area. Of those 21 years, ten of those have been at the Virginia Beach Resort and Hotel, and not at the current time, I actually left that property and have worked with local area hotels, the Cavalier, the Marriott and in Norfolk Waterside. So, I've worked for some big hotels in the area. I just bring that up just to give a little credibility to my perspective on the issues that we're talking about today. I'm very much aware with this background, with the types of customers and events that we want to attract. I really feel that the ownership exemplifies integrity and reputation, which carries through all aspects of our business. In order to get repeat business, you have to have integrity in order to have a good reputation. I believe that this issue follows through with all aspects from a personal standpoint, as I see the ownership and the management deal with the local people in the area. I think they have been very fair. Some of the things that I've been hearing that they're doing for this issue, I think is extremely fair. So our goal with our guests is to share the virtues of the location. We're not bringing concerts and were not trying to attract the bar crowds and that type of thing. We're trying to utilize the attraction of the Oceanfront or Bayfront, in this case, to attract business to our hotel. Most of the people that we are bringing here are enjoying the waterfront and that type of thing. Simply, it is just the sharing of the fresh air and the waterfront. And, again it is on a very structured and on periodic basis. Some of the clients that we entertain, as has been mentioned, are very high profiled people. The Planning District Commission, the Virginia Association of Realtors, the Department of Education, and again, my personal affiliation with the Cape Henry Rotary Club, which we enjoy that as well. They have one event in the summer. They would like to continue utilizing it. That is all that I have for you today. Do you have any questions? Item #17 Virginia Beach Resort and Conference Center Page 13 Barry Knight: Are there any questions? Thank you sir. Jamie Caron: Okay. Joseph Strange: The next speaker Scooter Brown. The next speaker is Valerie Neff. Barry Knight: Welcome ma'am. Valerie Neff: Hi. I'm Valerie Neff and I live at Mariner's Mark, the building right next door to the resort hotel. My husband are I are Unit 403. We enjoy the music. We've enjoyed the hotel. We've enjoyed it from our balcony. We enjoy by being at the facility. We feel that the Shifflets, and the Resort have been a very good neighbor to Mariner's Mark. I would reiterate also that I feel they have been neighbors of ours. They have been there for, as they stated before, 20 years. We're in favor of the music. We like the restrictions with it. We also feel, and I know it has been said, that our other neighbors who live on the block right next to it, do have problems, and I think they were given consideration before they bought knowing that. And when they put in the new building, there was sound barriers put in. I'm not sure if they do work. However, we do enjoy the music, and I can say that my windows, when the music is playing, do not rattle. They do not rattle, and I can hear myself think. So, we are in favor of it. Thank you. Barry Knight: Thank you. Ma'am, Mr. Henley has a question. Valerie Neff: Yes. Al Henley: Could you point out with the pointer what unit you do live in? Barry Knight: Ma'am, there is a laser right there. You can pull that up and press the button. Valerie Neff: I live in this building (pointing with laser). Al Henley: Point to the entertainment center. Valerie Neff. Yes. Right there (pointing to building on map). Al Henley: Thank you. Valerie Neff: Thank you. Barry Knight: Are there any other questions? Thank you ma'am. Joseph Strange: The next speaker is Charles Smith. Item #17 Virginia Beach Resort and Conference Center Page 14 Voice from audience: He had to leave. Joseph Strange: The next speaker Dale Meyer. Barry Knight: Welcome sir. Dale Meyer: Mr. Chairman and members of the Commission, my name is Dale Meyer. I presently live in The Landings. That unit right there in the middle (pointing to map). The Landings are 78 units. I've lived there for 23 years from day one. Even though Mr. Shifflet has been there for 20, I lived through 500 plus pilings of 40 feet being driven in when the hotel was there. We didn't move out. We're still there. We enjoy it. Mariner's Mark has been there probably for five years. We didn't move out when they moved in. Back in the early fall, I sent out an email to all the homeowners that we had email addresses at The Landings telling them what the proposal was, and to get in contact with me or another member of the Homeowners' Association to let us know what their feelings were on the proposal. The results that we got back were more than highly favorable for the proposal to go through. There were a few that were on the negative side, or they wanted to have further information about what was exactly going on. We've been visiting the hotel, as you can see, we come right off of our boardwalk, walk down the beach, come into the hotel area, and have spent many nights and evenings there having a light meal and listening to the music, having a drink or so, then we walk back. We don't have to drive any place, very nice. There are a lot of members from The Landings that go there all the time. A couple of other things. The hotel, we figure, has always been a plus to us. Like I said, I've been there for 23 years. I'm not quite the complaint owner, but almost to it. You're going to hear some negatives, I'm sure from the other side about the sound of the music. I have yet to hear the music sound loud or boisterous or make you go away. I think if Guy Lombardo was hired by Mr. Shifflet there would still be some negatives. I thank you very much. Barry Knight: Thank you sir. Are there any questions? Thank you. Joseph Strange: The next speaker is Norm Carrick. Barry Knight: Welcome sir. Norm Carrick: Thank you very much. I'm Norm Carrick. I live on Chesapeake Bay Shores. We're not necessarily adjacent to the hotel, but we are just right down the beach from there. I've lived there for 27 years. I've been on Shore Drive since way back in the 60's when no one in the city wanted to build a Shore Drive, but of course it has changed a little bit today. I'm here to support Dr. Shifflet's request for a Conditional Use Permit. It would be very easy to expand on the many contributions that the Virginia Beach Resort _. and Conference Center have made to the city, and the Shore Drive and Great Neck community, since it opened in 1986. 1 can go on at great lengths about the almost dozen start up churches who- have found the hotel a place to meet at one-fourth the cost of what Item #17 Virginia Beach Resort and Conference Center Page 15 city facilities would charge. The organization's two members, to mention, who ask for goods and services to support their causes, and they always receive a positive response from Dr. Shifflet and his group. It provided a place for the Shore Drive Community Coalition to have their annual oyster roast, and whose president supports this application in writing. But these and many more, all are things that you all are well aware of. My concern, and the concern of many great number of my friends and neighbors, is that an entity that has been an outstanding member of the community for years should have to restrict their operations to conform to the wishes of a recently arrived neighbor, who arrived with full knowledge that he was moving next to a hotel, whose business is to entertain guests. If one follows this line of accommodation in their thinking, what is next? I don't like the fact that my neighbor has small children who noisily play outside and who were doing that before I became his neighbor? Is he then to rid himself of his children because I find them a mild nuisance? One would hope not. I implore you to grant Dr. Shifflet's request. Thank you very much for your time. Are there any questions that I can answer? Barry Knight: No questions. Thank you sir. Joseph Strange: The next speaker is Kal Kassir. Barry Knight: Welcome Kal. Kal Kassir: Good afternoon, Mr. Chairman and members of the Commission. My name is Kal Kassir. I live at 2009 Alphine Road, in the Lynnhaven District. I'm here this afternoon representing myself. I was a business neighbor of the Virginia Beach Resort and Conference for more than 25 years. I can certainly vouch for them being an excellent corporate citizen. The owners have been very instrumental, and have a lot of initiative to improve in what we hope to be the Renaissance of Shore,Drive in the very near future. I also am in the restaurant business and the catering business. I can tell you that it is very important to be able to have some sort of entertainment in your facility to attract convention and catering business. I feel comfortable in that I see this as a Conditional Use Permit. That is exactly what it is meant for, and I'm sure if they did not live by the commitment that they made, you and the City staff will be able to review it. That is all that I have to say. Again, I would like to speak in support of the application Barry Knight: Thank you sir. Kal Kassir: I'll be glad to answer any questions. Thank you. Joseph Strange: That is all the speakers that I have in support. Representing the opposition is Ann Crenshaw. Barry Knight: Welcome Anne. Item #17 Virginia Beach Resort and Conference Center Page 16 Anne Crenshaw: Good afternoon, Chairman Knight. I'm here today on behalf of the Mariner's Mark Homeowners Association. Excuse my voice. They are not business owners. They own condominium units that they purchased, properly zoned, and property authorized by the Planning Department and the City Council. They are individuals. They do not know the head of Pepsi-Cola. They don't know the head of Lillian Vernon. They live in a condominium unit that they have purchased. They are taxpaying citizens of the City of Virginia Beach. We are here today strictly on a matter of a Conditional Use Permit set forth by the terms of our zoning ordinance, and your decisions based thereon. We are not here on a popularity contest. We're here on an attestation as to who is the most successful contributor to the well being of our city. Our folks have rights too. I would like to draw your attention to the fact that in 2002, there was a tent located on this facility. The tent became a place with a closed -in facility that has a zero setback line. There is absolutely no setback variation between the structure that housed this establishment and my neighbors or my clients. The purpose for this was so a multi- purpose room could be built. It is in your application, to eliminate the problem of loud music audible from the adjacent properties. They came before and asked for relief and you granted it. May 2005, the applicant, again asked for a building permit to extend an awning. That was conditioned upon no amplification of music. No heating. No air conditioning. The staff itself has pointed out that they have received numerous complaints. We are in a city that does not have a noise ordinance that spells out by decibels what constitutes a nuisance. I have found earlier this afternoon that there were 24 complaints, and all but two were unfounded. I dare say that in a city without an ordinance that measures noise violation by decibel, that there is a matter of degree. I would also tell you that my folks have a history of filing complaints with the management, and the management advising them they can't control the noise. I think that the management tries, and in fact, our folks are crazy, and they call him "Guitar Bob", the schoolteacher who was just before you or the Calypso Group. They are not the problem. The problem is the twelve special events where the space is leased to somebody, and they choose to bring in a band with several levels of amplification and stereo components. This space has then been leased to these folks. And while, I certainly understand, and encourage by the fact that the applicant would seek to include in its contract language that would provide some sort of monitoring capability, I would like to see how that contractual provision could be drafted to permit somebody to go to bed, and to permit the roof and the windows from shaking. I think my folks have tried to be good neighbors. I know I have been to several of the meetings and listened. It is all a matter of being proactive as opposed to being responsive. It is a matter of monitoring the type of entertainment that is put before and put out to the air. I think if you look at some of the pictures that are contained in your handout, you will see how close these units really are. And to back up, I do want to address the issue that we were there first because all of these parcels were zoned to be Seagate One, Seagate Two, and Seagate Three. These folks built a hotel, which is fine. I think they coexist fine until the volume picked up, until the Duck -In closed. I don't think they trying to be another Duck -In. I just think things happen and music taste changes. The Conditional Use Permit runs with the property. There is no restriction- as to who will be operating this property tomorrow. I would simply Item #17 Virginia Beach Resort and Conference Center Page 17 ask that this Commission give some compassion and understanding to people who bought property at whatever rate. Whether it be at a diminished rate, as one of the speakers spoke earlier, so be it. But they are citizens of the City of Virginia Beach, and they deserve the same respect as any corporate or other individual citizen herein. I'm happy to answer any questions. Barry Knight: Are there any questions for Ms. Crenshaw? Mr. Bemas? Jay Bemas: Based on what you said, it sounded like you're okay with the schedule, events that they have two evenings a week. Your main concern is the special events? Ann Crenshaw: Well, the events that had been their normal events were generally acceptable to my folks. In the meeting last night, a question was asked to when we know what type of entertainment would be, and the answer was, we'll let you know on a month to month basis as we book ahead. The major issues have come when they have had these larger groups. I think, Bill Deal and the Rondells were there, and some other large bands, with a lot of amplification equipment. And, as any of you know, if you pull up to a stop light next to a car that has got a kid in it with those big, big speakers, you can see the cars move. They indeed do have some adverse impact. Those are the issues that our folks are concerned about. Barry Knight: Are there any other questions? Mr. Strange? Joseph Strange: Were both the complaints after 9 or 10 o'clock at night? I mean, a lot of times, I think people complain when they start to go to bed. Anne Crenshaw: I don't have the answer to that question. I'm relying on what the applicant put forth in terms of it being 24 complaints. Actually, that raises a point Mr. Strange. According to these conditions, my folks would need to know who they make the complaints to? Obviously, calling the Police Department to come out and verify whether music is loud or not or too loud is an outrageous waste of our public safety resources. We believe this is a component of the zoning ordinance and the office of the Zoning Administrator to decide that. I think there could have been a happy medium. Unfortunately, these events that are uncontrolled, unchecked, the twelve events that generally oppose the issue. Barry Knight: Mr. Strange? Joseph Strange: I'm done. Barry Knight: Ms. Katsias? Kathy Katsias: You said that could have been a happy medium. What would that have been? Item #17 Virginia Beach Resort and Conference Center Page 18 Ann Crenshaw: I think if there had been something that would have been, perhaps encompassed, some control over these other events rather than leasing the space and saying to the 16 year old tennis folks "you go hire your band". Well, the last I looked, the 16 year old tennis people are not going to like the same sort of music as perhaps that somebody like Guitar Bob would play. But once you lease your premises to somebody, and you give them an opportunity to pre -select whomever they wish to play, and not to restrict the equipment they use and what not, you got a problem. Kathy Katsias: Don't you think that the Shifflet's and the Patricks have been good neighbors, and they tried to be good neighbors with the adjacent property owners? And do you think the adjacent property owners should constrict them or tell them what kind of bands they need to play and what kind of food they need to serve? Ann Crenshaw: No ma'am. I only know through my clients, and they have probably been good corporate citizens. But, I also point madam commissioner to the Comprehensive Plan for the Shore Drive area, which is "to protect and enhance the quality of residential communities in the corridor". They happen to be there too and be there legally. And, as Mr. Nutter said early on, there needs to be some sort of interface or understanding that we're both there legitimately. It is not when newcomers come to the block. The city permitted these structures to be built and permitted them to be sold. The problem then arises until the Duck -In closed. Kathy Katsias: So, do you think if we restricted the amplification on the deck, that would make the residents of Mariner's Mark happy? Ann Crenshaw: Well, Ms. Katsias? I asked this summer could there be some sort of measure of sound attenuation, in terms of, and there are various products as I understand it that are out there, sound walls or some sort of buffering. Waffling type. I'm way out of my area of expertise. But there are things that are available that could have been explored or offered up as alternatives, and they were not. Kathy Katsias: I'm just thinking. Ann Crenshaw: I specifically asked when we had the meeting at the fire station this summer, can you not find something that would at least mitigate against the winds blowing, and with a zero setback line. And, I think even representatives at the hotel indicated that they know how well the sound attenuation works inside the building, much less outside. Kathy Katsias: Going back to Mr. Bob or whatever. I'm sorry. Ann Crenshaw: I think my residents call him Guitar Bob. Kathy Katsias: Guitar Bob and the calypso music that he plays is satisfactory? Item # 17 Virginia Beach Resort and Conference Center Page 19 Ann Crenshaw: They have not had a problem with him. Kathy Kathsias: So back to my original question. If they were to diminish or had eliminated the amplification on the twelve other venues, would that satisfy you? Ann Crenshaw: I think if we can enter into a dialogue with the other side that would permit us to have some sort of regulations for those things, yes indeed. You can peacefully coexist on that part of Shore Drive. But, to have it dictated to you that we're going to rent it out for twelve special events, and it is outside of our control other than how we can narrow it into our contract is not a good solution for somebody who is trying to go to sleep at night, and it is not without comment. Kathy Katsias: Thank you. Barry Knight: Ms. Wood? Dorothy Wood: I know, that Ms. Crenshaw, they are trying to be real good neighbors. I think, perhaps would you be happy if they had the bands without amplification? Ann Crenshaw: I think that the amplification is the heart of the problem. And, if the amplification were inside the facility itself with the doors shut, it wouldn't have the problem. The amplification is on the deck. It is outside. Dorothy Wood: Is that Guitar Bob also on the deck or not? Ann Crenshaw: I think he is, and I don't think he bothers our folks. He has a limited amount of equipment, but it is not these great big bands. Getting back to that as well, it is being proactive and managing these crowds as well, and not letting it get out of hand that cause the problem. Dorothy Wood: I'm sure since Dr. Shifflet owns a family business, I know that he would make sure that if you all contacted him, that he would work and make sure that the complaints were handled. Ann Crenshaw: Well, all that I can relay to you Ms. Wood is what my clients have told me. I've never been there to partake. They have indicated to me that they have made complaints on numerous occasions, and they have not been heeded. That is all that I can say. Barry Knight: Mr. Redmond? David Redmond: Ms. Crenshaw, just to clarify. You're not a resident of Mariner's Mark? Item #17 Virginia Beach Resort and Conference Center Page 20 Ann Crenshaw: I'm an attorney with Kaufman and Canoles, Virginia Beach office. I'm sorry. David Redmond: Thank you. That's all. Barry Knight: Are there any other questions? Ms. Crenshaw? Mr. Livas? Henry Livas: The complaints that you have received in the past, were they for excessively loud noise after 10:00 and after 9:00? Now that the reduced the time to 9:00 and 10:00? Ann Crenshaw: I think the noise level, and the bass particularly, that boom -boom sound, was not restricted by time. It was a product of the amplification itself, and it was sometimes earlier than the hours you suggested. I am told by some of my folks that have a difficulty in carrying on a conversation. HenryLivas: So, it is not just a matter of sleeping then? Ann Crenshaw: Correct. When the amplification is outside on the deck. That is what I've been advised. BarryKnight: Are there any other questions of Ms. Crenshaw? Thank you. Ann Crenshaw: Thank you. Joseph Strange: Also, speaking in opposition we have Russell Brown. Barry Knight: Welcome sir. Russell Brown: Good afternoon. My name is Russell Brown. I represent Seagate. I am the manager over at Seagate. I do not live at Seagate, but I have the concerns from everybody on a daily basis. I'm going to start off. I'm prior retired Navy. I did 20 years. I was over there during all the wars; so, if I have to stand up here and get your blessing of doing an outstanding job for the citizens, I think I have proven that already. I'm not taking anything away from the good doctor. I was in his establishment listening to his meetings. The problem I got, and the problem that I receive from my tenants, or from the people that I work for, back in 2002, they asked for a permit to put up a tent on the west side of their building. It was approved_ They put the tent up. After several complaints from the local areas in the residential area, he came back to put up a zero tolerance leeway next to Mariner's Mark, and construct a building to house his special events and keep his music inside so we would not have a noise problem outside the hotel. Then he _ turned around in February 19, 2003, asked to put an awning on his deck that was already there. Again, it was approved to put the awning on. Now, were asking to move his music outside once again on -the deck to amplify throughout the beach area and the residents. Item #17 Virginia Beach Resort and Conference Center Page 21 We got this problem back five years ago. All we're doing is reverting back to the problem we had before. You are well aware of the safety issues that Shore Drive already has with people crossing, getting hit. A recent incident happened down there at CB Shuckers. A person came out of there. I'm not saying if he was drunk or not, they crossed the road, and the individual was killed. The safety on Shore Drive is going to decrease if more people come to this establishment. Why can't the music stay inside where his special events is already been built and set aside? Thank you. Barry Knight: Are there any questions for Mr. Brown? Thank you sir. Joseph Strange: The next speaker in opposition is Ray Mechling. Barry Knight: Welcome sir. Ray Mechling: Thank you. My name is Ray Mechling. I live on the same place where Ms. Neff lives. Right there on that outside building overlooking the deck. And, I'm not against the hotel operating their establishment to do the things that they do. There is a couple of issues that cause our problems. One is the prevailing wind off the bay that comes across and pushes the music into the Mariner's Mark facility, not necessarily so to the folks on the east side because the hotel shields the music getting on that side. We're concerned about the noise. When the ballroom was built, they came to Mariner's Mark, the VBRC for us not to oppose the zero lot line so they could build their ballroom on the back, because they said it wasn't economical to build it if they couldn't get a zero line variance. We didn't oppose that because they told us they would move their music inside, which was part of our concern. I understand now that the awning that was put on the back of the resort's place was put there again saying that the music would be put inside and not continue to be on the deck. Mr. Shifflet doesn't agree that he told us that, but he would never agree to move his music inside. There were two incidents here, and I talked to City officials, and they also recall that was part of the conditional use to be given that permit and specially the zero lot line to build on the ballroom itself. I live there, with the music playing until 10:00 to 11:00 at night, and they have played until midnight. It does get to be very annoying. If you go over there, you can have dinner and listen to the music. If you don't like it, you can get up and leave and go home, but when you live next door, and it is still playing, and you want to go to bed, you can't, because the music is still there. But, I believe the two things that we have done already to not oppose the zero lot line and also to put up the awning should give us some substance here that the outdoor music is annoying and should not be continued. Thank you. Barry Knight: Are there any questions of Mr. Mechling? Mr. Bernas? Jay Bernas: So, is your opposition the volume of the music or the time that it is being played? Is it both? Item #17 Virginia Beach Resort and Conference Center Page 22 Ray Mechling: It is more the volume of the music and the permit that they are asking for. They tell us they are not going to put anything out there. There is noting in the permit that says that Guitar Bob and the calypso are the only people they are going to put on the deck. Virginia Beach doesn't have a noise ordinance that defines the amount of decibels that come off the adjoining property before it becomes a noise nuisance. I've called the hotel several times complaining. I refuse to call the Police Department because I don't think our Police Department should be answering noise complaints. I think a lot of resident feel the same way. So, I'm against the music because we have already given the zero lot line to build the ballroom. We've given them the variance to give them permission to put up the awning. Every time we do that, we still come back here and put music on the deck. Jay Bernas: One more question. So, when you called management and complained, did they do anything about it right away or did they ignore your complaint? Ray Mechling: Stacy responded to that, but as soon as she gets down there and turns the music down, before she gets back to her office, they got the music back up. The ballroom was suppose to be sound proof. It is not sound proof. There were supposed to be no windows on the west side of the building, which is the Mariner's Mark side, but there are windows. The windows allow music to come through. They have done things to pull that down. I would like, and I don't know how this thing is going to turn out but if it does turn out to where they get their Conditional Use Permit that whatever music they say they're going to play is put in writing. How loud it can be should be put in writing. What they can and can't do should be put in writing. We go to these meetings and we get told one thing, and they end up doing some other issue. Barry Knight: Are there any other questions for Mr. Mechling? Ms. Wood? Dorothy Wood: I was reading quickly, and we received this big handout today, so it is kind of hard to look at it all. Ms. Neff was here from your unit. I see that we have several letters in here from Mariner's Mark supporting, so I guess the units are pretty divided. Ray Mechling: Yes ma'am. We have almost 100 units. Dorothy Wood: I didn't know it was that big. Ray Mechling: They have ten letters from almost 100 residents. Dorothy Wood: Thank you. Ray Mechling: Most of the residents can't hear the music because the building shields them. Item #17 Virginia Beach Resort and Conference Center Page 23 Barry Knight: Ms. Katsias? Kathy Katsias: So, you live adjacent to Ms. Neff, and she doesn't have a problem and you do? Are they side-by-side units? Ray Mechling: I'm on the same side. Kathy Katsias: She is in 403. Ray Mechling: I'm in 401. Kathy Katsias: So it is right next-door? Ray Mechling: All I can tell you is that the music was a problem, and they built the ballroom. They said they wouldn't have an outdoor deck unit. They put the awning up. They said they wouldn't have the outdoor decking. Which is it? I don't find Guitar Bob's music offensive, but the bands with the loud bass, and the high volume that comes out of the ballroom, sometimes is very offensive. Barry Knight: Are there any other questions? Thank you. Do you have any other registered? Joseph Strange: Looks like we have one more that is registered to speak. Barry Knight: Sir, you can speak and fill out the card as soon as you get done. Bill Pritchett: Thank you. I didn't sign up. Barry Knight: Welcome sir. State your name for the record please? Bill Pritchett: My name is Bill Pritchett. I live in Mariner's Mark. I live under Mr. & Mrs. Neff. As far as I know, everybody has got their rights to do whatever they want to do. But this hotel has been a frustration for years. I lived between Seagate for a long time. Then we moved to Mariner's Mark the first year. They have been a frustration for a lot of people for many years. The problem started in 2005 in September. That is when the Duck -In closed. In September and October of that year, the hotel booked all these big bands, and they played every weekend for eight weeks in September and October. Mostly on Friday night, and weeks they didn't play on Friday nights, they played on Sunday. Now lets talk about the petitions? We sent in 93 signatures from Mariner's Mark people who live there. I went to the Shore Drive Advisory Committee some months ago. The hotel turned in a stack of petitions, which we were able to look at. There were hundreds of names. There were none from Mariner's Mark. They were from Ocean View and Kempsville, and I don't know what the rule is with people signing petitions. There were over 25 letters written -by Mariner's Mark people just in this particular phase of the Item #17 Virginia Beach Resort and Conference Center Page 24 problem. We have been writing letters for years and years. The Landings, as it was already pointed out to you, is east of the hotel and back a long ways, so I wouldn't think anyone would be bothered by it at all. I guess they are here just to support it. The big problem is the loud noise, knowing that there isn't a problem with Guitar Bob. They like him. It is just these big bands that come. What we're trying to get them to do is to eliminate the big bands outside and put them into their ballroom, which was made for that purpose. Thank you. Barry Knight: Thank you Mr. Pritchett. Are there any questions for Mr. Pritchett? Thank you sir. Mr. Nutter? R.J. Nutter: As I began this presentation, I told you that you were going to have speakers who were in favor and opposed. But most importantly there was effort here to try to merge a very real existing business with residents next door to it. We were not proposing limitations on the days of the week and the times of the days and restricting them to 9:00 pm and 10:00 pm. When adjacent property owners said they would even stay up later, then I would understand their concerns, because we have tried to adjust them. We wouldn't have agreed to a condition of a one year review of the nature of these conditions were complied with. We wouldn't have gone on to all of these stipulations about all the things that the City wants to have happen, our wall for fire protection and access easements to the beach. All these things wouldn't have been done if we weren't trying to accommodate everyone here. But, I would tell you that you got support from the people from Mariner's Mark. You got support from Seagate. You got support from Cape Henry Story by the Sea, further down the street. You got The Landings support. By the way, somehow the notion of somehow they're different. They don't hear it is really just flat wrong. They hear it. They come over there. They walk over there. You just got a difference in lifestyles. You are going to have a wide variety of lifestyles along Shore Drive. But, also we got a very busy business here, and you have heard speaker after speaker tell you the importance of having outdoor entertainment in the hotel business. So, I would tell you that they even had complaints of Guitar Bob. I would tell you that the hotel received complaints about Guitar Bob. So, my point is that we are never going to make everybody happy. But, what the hotel has tried to do is come away with restrictions that they can live with that will accommodate those, and that is a one-year time period, a 10:00 pm closing time on a weekend for an event. I will tell you, when you're having your wedding or your anniversary, you are going to think one or two things. You are going to think twice about booking that facility. That is what is going to happen. We can live with that. We're going to make that work, and 9:00 pm on weekends. We wouldn't have agreed to those conditions if we didn't have theses concerns. My point to you is that I think those are the conditions, as I said at the beginning of this, those conditions make this application fit. That is why we believe they are reasonable, and the security to address some of the concerns. Frankly, I'm glad that we're doing security, because it will be able to show our people and independent parties that come forward that we have security there. There were no problems with people at this facility. We're very happy to agree to that condition. They want that to happen. But, this is a hotel, a convention hotel. Item # 17 Virginia Beach Resort and Conference Center Page 25 It has been there. It is going to operate along time. The last speaker, and I couldn't believe that Mr. Pritchett indicated that he lived further down the beach, was bothered by this music, and then moves right next door to the music. So, I don't understand that. But, I will tell you this. I don't know what he can say. I don't know how to respond to that except that he sure knew it was there, but if he didn't like it down the street? It has been a successful project. It is a beautiful facility as are most of the properties along Shore Drive. But, it has to co -exist with a business that has been there and operating. These are very reasonable restrictions and we would ask that you adopt these restrictions. I'll be happy to answer any questions. Barry Knight: Mr. Crabtree has a question. R.J. Nutter: Yes sir. Eugene Crabtree: R.J. When these twelve events that they have throughout the year, are they actually the bands and the entertainment hired by someone who leases the space that the hotel management has no say so in the contract of those, or does the hotel contract the entertainment? Because if the hotel contracts the entertainment, it appears to me that they contract entertainment that would be appropriate and would be suitable to the surrounding neighbors without all the amplification. As Dr. Shifflet said, he intends to cater to the middle age people plus, which would indicate that the contracts to be limited to those in use that would be suitable to everyone, and would appease the entire community. I just wonder how it is done. R.J. Nutter: What happens is that first of all, the hotel has to approve the deal. The hotel has to approve the band. They are not going to let, probably Kiss is not going to play here. That is fair to say. Kathy Katsias: Who are they? R.J. Nutter: I know. Eddie knew that band. At any rate, having said that the individual groups book the band, but the hotel has to approve it. That is one, but I will tell you that there are incidents where there is going to be disagreement no matter what it is. Bill Deal and the Rondells play all over town. They are well known. They are very popular. They don't play to kids below 40, I suspect. Give them your kids. It used to be an old guy when I used to appear at this podium, but nonetheless, those are how things have changed. So, I think no matter who you book, there are going to be incidents when somebody is going to like them more than others, even a group that is well known to this area such as Bill Deal and the Rondells. That was one of the groups that came along this whole time period that raised all the trouble. I will tell you that they play for the state convention and the state treasurers. They said if they couldn't have the Rondells, they would have to go somewhere else. And, at that time, there were no limitations on the time period. So, there are going to be groups that want to have bands that you can dance to. It is going to be amplified, but we felt like that if we restrict the time down to 10:00 Item #17 Virginia Beach Resort and Conference Center Page 26 pm, that is really being very, very reasonable to a neighborhood. That is the best that we can do to try to accommodate these two real uses right next to each other. And, that is why. The decibel, while they are nice to look at the problem with them, is how do you measure them? What about a spike? How do you deal with a spike? Where do you measure it? Do you measure it over an average period of time? Which end of the property? There is a million. I wish there was an easy answer. I really do. We feel like very restricted time restrictions. Most nightclubs don't start until 10:00 pm or midnight. We're shutting down at 10:00 pm and 9:00 pm. So, that will show you how far the hotel has tried to go, and with the one-year limitations to try to make this work. Barry Knight: Mr. Henley has a question. R.J. Nutter: Yes sir. Al Henley: Not a question but a comment. R.J. Nutter: Yes, Mr. Henley. Al Henley: When I attended the meeting last night, there were people who agreed to actually speak on both sides. I was implying that I would sit back and listen, If you will. I never had the privilege of meeting Dr. Shifflet or any members of the family. But, I can say this. Due to professionalism is that I was one of the inspectors when this complex was under construction as well as the tennis club. We had a number of concerns and violations from contractors who were working through complaints. I would call Dr. Shifflet's office, and he took care of it immediately. Needless to say that I was impressed by that, and I cannot always say that to every contractor. So that was impressive to me as an inspector. I think what we have here is a great opportunity for a well established business to carry on business as they would like to, as they have in the past, for their clientele and for their well deserving neighbors in the neighborhood. One thing is quite evident last night at the meeting is that Dr. Shifflet's daughter, I believe it is, who is a manager of the complex has more than she can handle in everyday events. That complex is quite large and she knows a lot of things she has to do on a daily and nightly basis. And, I can clearly understand why he may have a band that is louder than other bands that would like loud music especially in the later evenings. I have been to different events myself, and the manager would come down and ask them to lightly control that. They would do that, and as soon as they leave, it would go back up again. One thing that I wanted to emphasize when I said security, and I appreciate the compromise on that, and you're willing to do that, is that they are not just a security for the public safety, and obviously it is for their liability for witnesses and so forth, but also a security to make sure that when that when that manager comes out, and says "I want that volume cranked down", that security officer makes sure that it doesn't crank back up. So, there is going t be cross -training in there, and not just some officer with a badge, whoever you hire, but there needs to be some cross -training in there. I think you know where I'm coming from. They would control the noise level, as well as if there were some foul language that I Item #17 Virginia Beach Resort and Conference Center Page 27 heard from the adjoining neighbors. Also, some events that occur in the sand dunes that are not conducive to the public. And, so there were a lot of concerns, and it wasn't just the music. There was trash and beer bottles and what have you. These security officers will be there whether they be in uniform or not. I think that needs to done to make the general public say this is security and he means business. And, he gets the support from management that he needs. I think with that, once again, I think you have a great opportunity to show the neighbors that your word is your bond. And, you will adhere to that. I feel confident that it is. R.J. Nutter: We have no problem Mr. Henley. Al Henley: Okay. R.J. Nutter: I'm looking back Stacy, and she is nodding her head in support to exactly what you're saying. Al Henley: But, I can see clearly from both sides of sitting there and listening to everyone's comments. I tried to put myself in other people's positions if I lived next door. I'm a Rondell man. I love the music cranked up. However, I know there is a reasonable addendum for someone to live next door, because I know if I lived next door, then it would not be to my pleasing, especially if I had a hard day at the office and I want to get some sleep at 9:00 o'clock at night. So, I think there is a good opportunity here for a compromise. And, I think the language in here accomplishes that. That is all that I have. Barry Knight: Thank you Mr. Henley. R.J. Nutter: Thank you Mr. Henley. Barry Knight: Mr. Bernas has a question. Jay Bernas: I've got a couple of questions. Does the hotel ever, like you said Bill Deal and the Rondells, do they ever have a ticketed event where they advertise or typically for special occasions they bring in? Or do they have ticketed events that people come? R.J. Nutter: The only one that I am aware of, and I'll ask real quick, is the rotary club. Cape Henry Rotary Club is an event in which they advertise. You buy tickets to support the Cape Henry Rotary Club. I believe that is the only event. Other than that, it is the only ticketed event. Jay Bernas: And my other question is that based on the concerns that I've heard from a lot of the residents, it has almost been separate to me, being separated out from, like let's say a certain degree from, I guess, Guitar Bob, who is like an individual guy. I guess he plays guitar. You got -Bill Deal and the Rondells, which is a full -armed band. Is there Item #17 Virginia Beach Resort and Conference Center Page 28 anything that you offer up after hearing all the resident's concerns today, that could help us formulate some sort of condition that would address concerns that we can develop some sort of compromise that both sides would be happy, or do you think, based on the conditions that are presented right now, that is as much as you got? R.J. Nutter: I think the conditions do that, and I will tell you why Mr. Bernas. I think the majority of the events that you are going to have at the hotel are weekly events where you're going to have a routine, normal entertainment, less amplified entertainment. You will, twelve times a year, because it is a hotel and conference centers events that they want to have a band. And those, by the way, are subject to the same restrictions as the other ones, 9:00 to 10:00 that they have to shut down. So, they have tried every way they can. Imagine your business saying that we are only going to operate everything that we do down to "X" days, and then we are going to put a time period on it that is under virtually any other commercial establishments operating along Shore Drive. And, so those are big things. I don't want to diminish them. Then on top of that, I think Mr. Henley has a great idea. The guards carrying an opportunity to really make sure things are kept in place and the neighbors are not interfered with and with no problems with people on the beach and so forth. It is a great idea. I think those are very reasonable things. What is happening is that the Cavalier and all these other facilities are doing these events, and so we have to compete with them. We know that we're different, because we're in a residential area. I hate to say that "we were there first", but the residents came to this use. We didn't move into the middle of residential area. And, so that is a nicer way of saying it. So, we have to operate, and we think the conditions are okay. In fact, we wanted more days, and the staff was the one who came down. We think those are acceptable. Mr. Bernas, we apologize. We think they do accomplish that. Everyone you heard speak in the residences, and a majority of the residents speak, said, "We like this." So, I can tell you that there is a certain percentage of the people who don't, and I can't change that. But, there is a larger percentage of who do. Barry Knight: Ms. Anderson? Janice Anderson: R.J. In the restrictions, it does limit patrons to 50. So, my guess is that we're looking at a smaller venue? R.J. Nutter: Jan, I want to explain that to you. If we limit it to 50 unless he complies to the building code for this, which we intend to do. We got this access easement restriction; so, there will be larger events than 50. I apologize. Janice Anderson: How big are we talking about this deck? R.J. Nutter: This deck is 2,360 square feet. So, it is a little less than 2,400 square feet. It _ is not a big deck. Our roof garden in our Fern Room is 1,800 square feet; so, that will give you some basis of comparison. It is about 25 percent larger than our roof deck right on the beach. So, it is -not insignificant, but it is a long way from a big feature. It is no Item #17 Virginia Beach Resort and Conference Center Page 29 way near the size of Cavalier's out -door patio area on the Oceanfront. So, it would accommodate, and I don't know the numbers. I guess it is based on the Fire Code requirement. But it would probably accommodate at least 200 people. Janice Anderson: Okay. If you had any amplified music out there, that is the group that you're entertaining? It doesn't flow into the attached facility? R.J. Nutter: There is the attached building they had used for bands in the past. In the winter, you might want to be in there. Janice Anderson: Right. R.J. Nutter: In the summer, a lot of people are going to want to be on the outside. And, so you're going to have some combination of those two. But the 50, is not really a limitation. Janice Anderson: So, it could go up to 200? R.J. Nutter: Yes. I'm just throwing out a number. I apologize. It would be larger than 50. Janice Anderson: This mainly is going to be a summer time? R.J. Nutter: It is predominately warm weather oriented event. Janice Anderson: Okay. This was deferred maybe a year ago. It was to work out these conditions. This is a lot less than you requested. R.J. Nutter: This is a lot less than we wanted. There is no question. We had to meet with the Building Official, and a number of issues were heard on access with the City officials on easement issues; so, a lot has transpired. In addition, we met with a lot of neighbors. When we began this, we didn't have the letters from The Landings. We didn't have the letters from Todd Solomon. We didn't have the letters from all these people on the petitions. So, it has been a lot of outreach. There have been at least two meetings with the Mariner's Mark people, in addition, during this time period as well. There has been a lot of outreach in trying to come to a compromise. In fact, we held the last meeting because there had been such a time gap, we felt like people weren't really aware of the new conditions that we were willing to agree upon. So, that is why they had the most recent meeting. You may have heard from different people hearing different things. We decided we must have another meeting and tell them here are the latest conditions. Here is what we're trying to do. Janice Anderson: A majority of the neighbors happy that you had limited the times? Item #17 Virginia Beach Resort and Conference Center Page 30 R.J. Nutter: I think a majority of the people at Mariner's Mark might still be opposed to it, but there are certainly members of Mariner's Mark who were in favor of it. I think, a majority of these people in the area are in favor. I think that is what these petitions and the speakers have come before you today have demonstrated. Barry Knight: Are there any other questions of Mr. Nutter? Thank you R.J. R.J. Nutter: Thank you very much. Dorothy Wood: I would like to sponsor that lady who said she had one comment please. Ann, the lady behind you? She has one comment. Ma'am, I'm just sponsoring your for one comment. Mary Bouschell: Ladies and gentlemen, my name is Mary Bouschell. I'm just a resident there. I own a condo at Seagate. Our space faces directly toward the nightclub. I love the music. I have to tell the hotel owners that I love their hotel. I eat there, and I love it. It is a great place. The only thing is that the nightclub belongs inside not outside. That is what the whole problem is. Everybody is going around about the buildings and everything. It is not that at all. They got it right there on the open deck. It is open. Dorothy Wood: Thank you. Mary Bouschell: It blast right through everything. Now, I love the music. The only thing is this. Sometimes you want to go to sleep at 9:00 o'clock. You can't. You know you don't feel well when you can't go to sleep. I love the music. Let me tell you what happened one night. My grandchildren were visiting. Dorothy Wood: Ma'am, I just sponsored your for one sentence. Mary Bouschell: Okay. Dorothy Wood: Thank you very much. Mary Bouschell: You don't want to hear about the profanity? Okay. Fine. Alright fine. Dorothy Wood: But thank you very much ma'am. Mary Bouschell: The nightclub belongs inside the building. They have a beautiful building. Dorothy Wood: Thank you. Mary Bouschell: A lot of empty rooms. Item #17 Virginia Beach Resort and Conference Center Page 31 Barry Knight: Thank you ma'am. Ann Crenshaw: Mr. Knight? Barry Knight: Ms. Crenshaw? Ann Crenshaw: I know this is out of order, and I neglected to have my folks stand up and I would ask them. Janice Anderson: I will sponsor them. Barry Knight: Sure. That is fine. Ann Crenshaw: My folks from Mariner's Mark who are in opposition to the application please be permitted to stand. Thank you. Barry Knight: Thank you for coming. We will close the public hearing session of this, and we'll open it up for discussion among the Commission members. Who wants to start? Jay? Jay Bernas: I'll start. Honestly, I love music. I have no idea who Guy Lombardo is. Hopefully, he is some football player, I guess. I'm struggling with this, because I'm very sensitive to the residents concerns, because regardless of who was here first, I guess we can make that argument. But the reality is that they both have to co -exist. And, I wish there was some other way that we could kind of compromise, and maybe during the discussion, someone can offer something else up. But, I'm kind of on the fence on it because, you know, sounds like there is a lot of opposition. They gave them the zero setback. They let them put their music in the building. It seems like it keeps on adding on, and they keep on asking for more and more. Okay. I'm just really sensitive to that. I'm interested in hearing what some of the other concerns of the Commissioners are, because I'm really on the fence. I do like music. I do understand that Dr. Shifflet owns and operates a family business and they do good things for the community. But we also got the residents' concerns and their quality of life. We really need to take their quality of life into account along with the business and try to find some way to kind of compromise, and find something that they can both co -exist, because it sounds like a lot of the residents like the music. They like Guitar Bob, I guess. I have no idea what kind of music he plays, but it is just a certain degree. To me, it really is going to come down to management. It is good to hear like what Al was saying that Dr. Shifflet is very responsive. And when I asked a question, how responsive they are when they do receive complaints. This is really going to become a management issue if it is approved that the residents and the music can co -exist. Hopefully, management, after hearing the discussion today will take to heart that if it is approved, that they will mange it well and take into consideration the citizens concerns. Item #17 Virginia Beach Resort and Conference Center Page 32 Barry Knight: Thank you Jay. Ms. Katsias? Kathy Katsias: I would like to respond on that. I think all the people who spoke today were of the Resort and Conference Center and Dr. Shifflet and his daughter Stacy, and exactly what Al said. Management of the Resort and Conference Center has been superb. So, in answer to your question, I'm also struggling with the application, because I'm cognizant of the adjacent property owners. I like to sleep early, but I also like music. As far as Dr. Shifflet and being a fine citizen in supportive of Virginia Beach and a good steward to his community, I feel confident that management will try and monitor especially with the added condition 8 with having security monitoring the amplification of the twelve venues that they plan to have. Therefore, I support the application on that note. Barry Knight: Thank you. Mr. Henley? Al Henley: One last comment. I'll read an excerpt from the report. It says, "the applicant believes that he can conduct outdoor music without negatively impacting the quality of life for adjoining residential neighbors". Staff also agrees that if properly managed, with respect to the neighbors, the use could be successful. And, to answer to Jay's comments, I think these conditions are a way to reach a compromise for the adjoining neighbors, because they want quality of life, as well as I. We have a business that wants to be successful. I will make one last comment. Maybe one of these days, if this particular permit is granted, they may have a Commissioner there that may be visiting you, and if that noise is cranked up, he or she may go over there and unplug that amplifier. So, what I'm saying to you today is you have a great opportunity to continue to be a good neighbor, because if you're not, and if these conditions are not adhered to, that permit can and will be pulled. Thank you very much. Barry Knight: Thank you Mr. Henley. Mr. Crabtree? Eugene Crabtree: I'm just sitting here thinking. Location has a lot to do with this. They say in business that location, location, location has a lot to do with what you do and how much you make and how you do. When we say location, we're talking about something that is on a beach. Recreation goes on totally. Music is also a recreation. If you live in an area of recreation, you have to expect the recreation to be there, and if you purchase in an area of recreation. I'll use the example of this morning. If you buy property on a golf course, you got to expect golf balls in your yard. If you buy property, and live on a recreational area like the public beach, you got to expect the things that go on in the recreational things. The music and the things that the hotel is doing are trying to add to this recreation on the beach. I think now that if this was in the middle of one our residential areas, King's Grant, it is a residential area, but it is also on a beach — recreational. If it was in the middle of King's Grant, right in the middle of that, it might be little different story, because the people that go there don't expect recreation. If you Item #17 Virginia Beach Resort and Conference Center Page 33 live on the beach, you got to expect the recreation; so, therefore, I'm going to support the application. Barry Knight: Thank you. Mr. Livas? Henry Livas: Yes. I want to say that we can never get this down to zero complaints. There are always going to be a few complaints here and there. Also, some of these complaints are based on the past when they had music there at 12:00 midnight and later hours than the 10:00 pm. So, now the hotel has reduced the hours to 10:00 for special events, and even 9:00 o'clock during the week. So, I think the hotel has been reasonable in trying to work with the community and get an agreement that everybody can live with. Also, I think we do give some credibility to these calls that the hotel was there first. So, that makes a difference. Security concerns? They decided to ensure that they have security there. And, I think in the last response from the hotel is that they own up to responsibility for any band that plays, there because they are the ones that lease the space. So, I think in that regard, they are going to be sensitive to what organizations they lease to and probably indicate that they have to be careful about the volume of the music from the bands. So, from that point of view, I would support the application. Barry Knight: Thank you. Mr. Redmond? David Redmond: In answer to Jay's question, I do think this is a very reasonable compromise. It is not a lot of nights. They are not late hours. Fifty people is not a lot of people for an entertainment venue. I'm one of those people who like to go to bed early too. So, I'm extremely sensitive to that, and that bothers me. Nonetheless, I don't know how you craft any compromise that is all workable beyond what we have here. If you assume nothing can be perfect in this, I think this is about how good that it gets. I agree to some extent to Ms. Katsias' judgment, because she knows the place well. I just don't know how we can do any better than this. Barry Knight: Thank you Mr. Redmond? Is there any other discussion? Ms. Wood? Dorothy Wood: I also agree with Kathy that this is a good use for the hotel. They have compromised. I know it certainly changed from when they first brought it to us. And, also, I support it because of Mrs. Neff. I don't remember the names, but I've hard from several people in the hotel. I know one was a Ms. Lynch. This is off the top of my head. But there are several people who live there who do support. And, I know that Stacy and her parents will make sure that they answer the complaints of the residents, because they know that this is a one-year trial. They are good citizens. And, Jay asked about the ticketed event. It is a Cape Henry Rotary Oyster Roast Jay, and it is an afternoon event. It is over like by 3:00 or 4:00. Barry Knight: Thank you. Mr. Strange? Item #17 Virginia Beach Resort and Conference Center Page 34 Joseph Strange: Well, the biggest problem that I have with this application is the fact that I feel like the residents entered into a deal. They granted some compromise in order to not have the loud music on the deck. It bothers me that people would enter into an agreement with people and then want to back out of it. So, having said that, this is a business, and is a one-year. I'm going to go ahead and support the application reluctantly because of the deal that was struck with these people. As far as I'm concerned, they reneged on it. But, I think the message has got to be sent to the Resort Hotel that they got to take into consideration, if these people show up again next year, it will be hard to approve this thing again. Barry Knight: Is there any other discussion? A motion will be in order. Ms. Katsias? Kathy Katsias: I move that we accept the application with condition of the hours changed from Tuesday and Thursday to 9:00 o'clock and then the twelve venues to 10:00 o'clock. And, also adding condition 8 about having security guards that will monitor the constituents, as well the amplification of the music. Dorothy Wood: Second. Karen Lasley: Do you want to change condition 7 about the one-year time limit? Barry Knight: Ms. Katsias? Kathy Katsias: Yes. Barry Knight: You see condition 7, Ms. Lasley said, because had discussed that. We can leave that the way it is, or we can change that. What is your motion? Kathy Katsias: I would like to review it in one year. Barry Knight: Administrative review, or would you like for the Conditional Use Permit to be one year? That means they would have to come back before us again. Kathy Katsias: Administrative review. Barry Knight: That is your motion? Kathy Katsias: Yes. Barry Knight: Okay. Ms. Wood, do you concur with that motion? Dorothy Wood: I will second her motion. Barry Knight: Okay. -I'll open it back up for discussion. Mr. Redmond? Item #17 Virginia Beach Resort and Conference Center Page 35 David Redmond: I have a question about that. The way this reads, "The Zoning Administrator shall start the revocation process at any time during that year. Did we just not agree to change that, or did we just add this language to stand? I don't have a problem with an administrative review, but I don't want it to start 20 days for now. Barry Knight: I think what it means, and Mr. Scott can address it if I'm not correct, is when you have a Conditional Use Permit, they can pull your Conditional use Permit and start proceedings at anytime that you don't meet the conditions of this Use Permit. Is that correct Mr. Scott? Robert Scott: Yes. The administrative review is going to be the purpose of seeing whether it adheres to the conditions or not or whether that is enough. The revocation process is going to be in place in case they are found not to adhering to the conditions that are in place. They are relatively two separate processes. Naturally, we all hope that it all works out for both. Time will tell. Barry Knight: Thank you sir. Is there any other discussion? Okay, there is a motion on the floor to approve by Kathy Katsias and seconded by Dot Wood, agenda item 17, Virginia Beach Resort and Conference Center, with the added language on the expanded hours and added condition 8, I believe at least two security guards be at the events at all times to monitor the situation. I'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote 11-0, the Board has approved the application of Virginia Beach Resort and Conference with the conditions as amended. nl/ln/'LI7n! 1L: 11 /:)/b4nnl.Jb IYUUN MtL rHur- ril 'Ni .,Lit �� v-v� vlzi l/''�"""v' `"` P & N ASSOCIATES, L.L.C. September 7, 2006 Dr. Harvey Shiflet Virginia Beach Resort Hotel & Conference Center 2800 Shore Drive Virginia Beach, VA 23451 RE: Virginia Beach Resort Hotel & Conference Center Dear Dr. Shiflet: Per your request, the purpose of this letter is to confirm several points regarding P & N Associates, LLC, the developers of Mariner's Mark Condominiums and our relationship with you as the majority owner in the adjoining Virginia Beach Resort Hotel & Conference Center. We did approach you to request that you replace the original striped tent with a more attractive tent. 2. We did offer to provide you with $40,000 to help defray your cost to change the tent. 3. You did agree to replace the tent. In fact, you replaced the tent with a much more expensive and substantial structure. 4. We did support your efforts to gain the necessary City approvals for the more substantial structure because we believed thatthe structure you were going to provide would provide a better looking structure and better sound attenuation than just a cloth tent. 5. We did request, and you agreed, to allow us to put up lattice screening on the parking garage to help visually shield the cars, equipment and dumpsters from our project. 4460 Corporation Lane, Suite 300 - Virginia Beach, Virginia 23462-3103 (757) 490-3141 - (757) 490-0206 (FAX) Dr. Harvey Shifflet Page two September 7, 2006 6. You never told us that there would not be any outdoor music. We accepted the fact that the Resort & Conference Center was there before our project and did not expect you to stop operating because of our development. 7. We did, generally, marketthe units on the Resort & Conference Center side of the property for less than those further away in recognition of the fact that those units would be facing a commercial -type of use rather than. additional residential development. I hope you find the above responsive to your request. I should remind you that P & N was the entity that developed the project. We cannot speak for individual unit owners or the Condominium Association. You may use this letter at the public hearing to clarify these points. Sincerely, William L. Toner Senior Vice President Pembroke Enterprises, Inc. for P & N Associates, LLC W LT/sf Jan 09 07 03:29p Shiflet Cox & Morgan (757)340-8609 p.2 i.EADINIG EDGE REALTY www.leacliniaedgerealty.com October 25, 2006 Dr. Haney Shiflet Virginia Beach Resort and Conference Center Hotel 2800 Shore Drive Virginia Beach, Virginia 23451 Dear Dr. Shiflet, It has come to my attention that there may be some question as to how the real estate agents representing the Mariner's Mark developer may have discussed the existence of outside music at the neighboring Resort and Conference Center Hotel with prospective buyers. As broker for Leading Edge Realty, the listing agent for P & N Associates, the developer, I am confident that my agents never made a claim that there would be no outside music from your hotel. If there was any response to a question of music, the answer was that it did occur but with some restrictions for hours. Sincerely, Scott P. Aye President/Bro - r 3149 Shore Drive, Suite A 0 Virginia Beach, VA 23451 Phone: 757.671.3343 0 Fax: 757.473.3410 O Toll Free: 800.476.3343 email: homes@leadingedgerealty.com 7 5720/6090 Cox. Khewer & Comaan Cox, Khe\ver & Company. PC 08 12 46 a m 10-03-2006 213 February 12, 2004 Mr. Harvey H. Shiflet Virginia Beach Resort and Conference Center 2800 Shore Drive Virginia Beach, VA 23454 Re: Yluilti-Purpose BWlding Addition Virginia Beach Resort and Conference Center Virginia Beach, Virginia Dear Harvey: "IA -1 e Following our meeting on the 10`' and our conversation yesterday (11'') regarding the concerns raised by Mariner's Mark residents over the height of the Multi -Purpose Building Addition, I offer the following with regard to the final, approved height and the various design theories implemented. Per your directions, the height of the original fabric structure was used as a guideline while we developed our multiple concepts. In all cases, the concepts for the new construction were all 21'- 0" in height above the deck and in varying shapes and slopes. As far as we can determine, -by interpolation, the fabric tent structure was approximately the same height (above the deck). Therefore, the stipulation over the design that we have been working with was that the addition be no higher than 21'-0". In all cases, the multiple concepts presented maintained that stipulation and differed in various ways, with various positives and negatives for your consideration. While multiple concepts were reviewed, three (3) were focused upon for further study: o Flat roofed structure 21'-0" above the deck o Barrel vault structure 21'-0" at the center peak (high point) o Shed roofed structure 21'-0" high at the west peak (next to Manner's Mark) When the outline of the original fabric structure was overlaid upon the three (3) options presented, all three optional concepts show that the -selected concept is actually the one resulting in the least surface area outside of and above of the original fabric structure and, therefore, the least intrusive of alL In order of areas, the Flat roof concept was the largest (at 285 sf of additional surface area), the Barrel vault concept was second (at 230 sf of additional surface area), and the Shed roof concept was least (at only 215 sf of additional surface area). Therefore, the selected concept offers 25% less blockage than the flat roof and 7% less blockage than the barrel vault. Note that these "blockage" studies refer to the visual blockage of all Mariner's Mark units, not just the adjacent ones, as we wanted to be sensitive to the entire project, not just the benefit of a select few, to others' detriment. With regard to noise, and the methods employed to minimize its exterior impact, you have also asked that "above and beyond" methods be implemented to be sensitive to your neighbors. incorporated into this final design, we have included materials and methods that will serve to 2 5 3 3 Virginia Beach Boulevard Virginia Beach Virgini a 234S2-7635 Phone: 757.431.0033 Facsimile: 757.463.0380 Email:jerryc@coxkliewer.com 75720;60 0 Cox. Klie:vet & Compan Cox. Khe:veT & Company, PC 08-13 18 a m 10-03-2006 3!3 Air. Harvey H. Shiflet Febmary 12. 2004 Page 2 reduce noise penetrating the exterior. These additional improvements solely for sound protection toward Mariner's Mark include: o A secondary sound wall, only along Mariner's Mark, heavily insulated and isolated for a high STC rating. o Additional layers of drywall, only along Mariner's Mark, for extra sound deadening. o A second layer of R-19 insulation in the ceiling. o A second layer of roof membrane for sound deadening. 0 6" of batt insulation in the exterior walls (well beyond the requirements of the Energy Code). o Spray -on insulation on the steel structure above the acoustical ceiling. o Slanting the roof itself to not only direct the roof drainage back toward the hotel, but to angle penetrating roof noise away from the neighbors, as well as shielding noise from HVAC units. o No windows were located outside of a Mariner's Mark building. The only windows on the west side were specifically located and reduced in length so that they would not be next to a unit. o The only exit door (required for deliveries and fire exiting) was located on the south wall, as far from Mariner's Mark as feasible, tucked into the addition and covered by a roof, such that it was completely segregated visually and acoustically from Mariner's Mark. All these methods are known to be successful at reducing noise penetration and have been incorporated into this project. There remains no question in my mind, given the parameters of budget, zoning, applicable requirements for the model codes in effect at the time, as well as being clearly sensitive to your neighbors, that you have asked for and been given the most effective solution available for the program requirements. Kindest personal regards, CO", 'LI:.C�R OI C�l�rANY, P. C. C*n4 GAC/rml a c: File 20228.03.05 2 5 3 3 Virginia Beach Boulevard Virginia Beach. Virgini a 23452-7635 Phone: 757.431 0033 Facsimile: 757 .463.0380 Email:jerryc@coxkliewer.com ... .�., -- --- ----- . .. ......a. --. IJr4a1 YJ C> C> Y. bS .. 09/1012006 03:48 7574124314 GJNTEi2 PAGE 1311 01 1 of 1 Milam Gunter . T � From: TorbM & Ronn* HOOV 4bhe8th 4MXfwt> To: -4ep o4vbpov.cxml>; %=bemdoQVb9M.tx ?P' cecuatdf99 o ►l► nui>: �jlwppd®ypDpv.COCf1>: arOw�QOWIN .4 RwnuoVbgw=f &- <bdo t ooVbVV.=p; <p mjy- QvbgaV.aofrn; "MWSGVtgov MP- ,quhrinovbgov c offP; ch 6OA)goV.CorI>; eh &bgov.rany: <xrw MlOa4aoi.CDm>; <j.anderson111Cerizon.net>;Zdpbyestratldenveb:raerwecoorr+>; slriayia22 Mottles•: yQ > on-wl -, 4dotwQwx.nGt'; <el•heMay �ne�t': <bartyclimigMChool cort benl@4prsd-can' Sent: $unday, Sepb nbw 10. 2M 4:6 PM $int VORCC Condi omd Use Fannia Dear Cky COMM Menaben do llmmmaug Coombmloso We bans lived at the Mariner's Mark Condmislatma, Whkt Is next to the WORM awk Rmn amd Coiarwinee Cestw, since May, 2001. It has beet peat lwvtsg me resort cou+Plex &#jaraut to w for &"WNW meat rooaaa. dkoon at To4swlnds, mud 4487109 MOB sa thak b$wbtto't dads. Wo m Wasbe, gtat the Rswrt hm rvqu o tad a CondMon st L4$ p salt tar outdomr sow k mud estertafuamant. During the pwt s years, we Uva IN Caw aJ"" tho alots *VY bwo bad the outdoor IxVde. We plana hoar the Magic nvw oar vw& -ars Vasa go down to our beach walkway b order m lit+. Ta SOm like the wo'c w =ft stop► by or lops at the Iatss4. We teo tail pwaLit sbonld be approved w#ft some rftdd<•tlosn- U girder b Mpeed vdxm la aur CoMManttq who da not fie the Musk, we suggest the Rmri be a8mved to hie ostdoer mswk saes wee# Mds that mesio amt tau Pam lops a W sat weelm" per week that wGW NO rem pas! S or Spm. We mpdwo"d Hae hotd has a brsfaaala to ran and prebmbty etbw tr severs) groups &man Oks summer bewim orthelr beantibi k adorn ad ability m enumtMlrt as theiar vot kw deck- We kd llka we should try to be good sNghbort and not try to toady reswm tk m. Thank you, R4r1Mra & Raurk Hath 2!01 Marloces Marc Wray Uldt 30 VWORW 8eae6. Vm. 23451 9/10/2006 J HN -MJ 7-.4 YJ l7 f b0 :'4 f 1"1'1 bM 1 r Lt 1 09!08/2806 22:02 7574124314 Oubini From; 'Al Harlley" cathanluy®mncnat? To.. j Wiffigm Guars'" lewmpunterMooXMIP. 2006 8.02 PM Subject RE: MARGAAR T, LVWE FORWARD THI8 To THE VR Bili. f574810664 1 understand them are a number of people tdgOat this proposal and t m voiced tF members of the commission and intend to speak before the commission, if you kno to a decibel meter and could provide rWings as (information) it would be very heli Also R has been reported the ban plays until 2:00 a.m. (this needs to be conflrmsd) H this is true, I personally think k Is too late and should be limited to a more reasorm I ba'ieve !hero is room for negotlativns for the facility and hopefully a majority will a Is t w A fpr everyone. .....ml" — Fr w WUpam GurmP.r ImadtnnVrr►punberlpmxJ)d] soft Friday, Sepw%ber cA xt)M 5:46 PM To: Mayans cratmw; DaroMy wood john Waller, Ronald RJp , Ka 8errim; Anice P. Anderson; Henry t.ivas; Berry Knot; Albert Henley Subject: Fw: MARGARET, PLEASE FORWARD IMS TO THE VB PIAN — Original Message From h{Q,r ajymo To: Y t1jW Alit r Sent Friday, September 08, 20061:N RM Subject MARGARET, PLEASE FORWARD THIS TO THE VS TO WHOM IT MAY CONCERN, MY NAME IS THOMAS LYNCH AND UNTIL A YEAR A OF MARINER'S MARK ALONG WITH MY WIFE PEWY. WI DLDG 2313 FACING THE RESORT HOTEL. WE WERE THE MUSIC PLAYING OUT ON THEIR DECIK.1 CAN I4 ONESTLV BOTHERED MY WIFE OR I AND IN FACT WE COULD HAR ONLY WAY WE COULD ENJOY IT WAS TO GO TO THE HC BY THE REACH TO LISTEN. I WAS A MEMBER OF THE BI MARK WHILE LtVING THERE AND 1 CAN ASSURE YOU IF WOULD VOTE IN FAVOR OF LETTING HARVEY SHIFLET ENTERTAINMENT. IF YOU HAD ONE OF YOUR CITY ENGI WITH A DECIDE. METER IT WOULD NOT TAKE HIM VER1 THAT THE: NOISE FROM THE TRAFFIC ON SHORE DRIVE A LOT MORE ANNOYING THAN ANY MUSICAL SOUNDS I HOTEL. SUBMITTED, X•1IT,I P.04 PAGE 01/01 Page l of 2 r concerns with other of someone who has a=ss A* to ibe commisstbn. ams. to an agreemert on what vm"; straw:3ay COMM. '00 WAS A RESIDENT LIVED IN UNIT 404, tE WHEN THEY HAD SAY THAT IT NEVER LY HEAR IT. THE I EL OR TO GO DOWN ARD AT MARINER'S STILL LIVED THERE I ONTINUE WITH HIS IE:ERS COME OUT LONG TO CONCLUDE s A LOT LOUDER AND IOM THE VA. BEACH ULLY THOMAS LYNCH 6�Tt!.14.4 Teresa Poston From: William Gunter [wmgunter@cox.net] Sent: Wednesday, September 06, 2406 6:46 PM To: Harvey Shiflet Subject: Fw: VBRCC Permit for outdoor music (hearing Wed. 9-13-06) --- Original Message From: AI Henle To: Wiliam Gunter Sent: Wednesday, September 06, 2006 623 PM Subject: RE: VBRCC Permit for outdoor music (hearing Wed. 9-13-06) Bill: Thank you for your supporting comments AL Page i of l -----Original Message ---- From: William Gunter JmailtD:wmgunter@Cox-neQ Sent: Wednesday, September 06, 2006 4:34 PM To: Albert Henley; Barry Knight; Eugene Crabtree; Henry Livas; 3anice P. Anderson; Jay Berms; 3oseph Strange; Kadin ine Katsias; Ronald RiPley; John Waller; Dorothy Wood Subject: VBRCC Permit for ouW= music (hearing Wed. 9-13-06) Dear VB Commissioners, We live in Mariners Mark which is the bklgs. next door to the Virginia Beach Resort and Conference Center. We are in support of them getting their Conditional Use Permit to &Now them to have music and entertainment on their outdoor deck. They are good neighbors and we believe they deserve this request. Thank you for your consideration in this matter. Bits & Margaret Gunter 2317 Mariner's Mark Way #502 0 CR 9/7/2006 September 29, 2006 The Honorable Meyera Oberndorf and Members of Virginia Beach City Council Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach VA 23456 Dear Madam Mayor, Members of the Virginia Beach City Council, and Members of the Planning Commission: I am writing this letter today in support of a Conditional Use Permit that is being requested by the Virginia Beach Resort Hotel and Conference Center. The Virginia Beach Resort Hotel and Conference Center has been providing amplified entertainment as an amenity to its guests for the past twenty years that the hotel has been in operation. Contracted groups also are permitted to have bands/music on the hotel deck as part of their on -property functions. The Board of Directors of the Virginia Beach Hotel Motel Association is in support of this Conditional Use Permit, so that the Virginia Beach Resort Hotel and Conference Center can provide entertainment on the deck of their property. Thank you for your consideration. Sincerely, Linwood Branch President Virginia Beach Hotel Motel Association FROM : Bill Gartland PHONE NO. : 44 e704 e7e753 07 Sep. 2006 01:11PM P1 lanning Meeting on September 13th {- 4 )6 Subject- Planning Meeting on September 13th From: William Gartland <william.g@'Virgtn•net> Date: Thu, 07 Sep 200613:55:45 +0100 To: barydknight@aol.com CC: Meyera E Oberndorf'<moberndo@�gov.com>, Louis -net> Jones <Y ones@VBgov•com>, Albert N Henley <anhpcomm@cox Dear Chairman Knight we are owners of a unit in the Va. Beach Resort Hotel and conference center - support the granting to the Hotel of a We should like to strongly pp you and the Conditional Use Permit that we upprovalnonwSeptember tl3th. planning commission members for app t 20 years The hotel is a real asset to Va. beach and has been an great employer, tax payer and supporter local economy- We believe that the request fo permit is reasonable, in keeping with both the destination of the property and considerate of of the surrounding area. for almos of Va. Beach and the r a conditional use tourist and meeting the needs and desires As we live in the United Kingdom it is not possible for us all the members of the committee r the CitycCouccil wi to th message and do hope that you, can thoughts to your colleagues prior to the meeting. Best wishes for a successful session sincerely Bill and Maura Gartland Walton -on -Thames United Kingdom 4�} ] of l to contact this these 9/7/20061:561 Teresa Poston prom: William Gunter [wmgunter@cox.net] int: Thursday, September 14, 2006 8:34 PM To: Harvey Shiflet Subject: Fw: use permit VBCC shore dr.] ----- Original Message ----- From: <willj320@bellsouth.net> To: <wmgunter@cox.net> Sent: Wednesday, September 13, 2006 5:02 PM Subject: [Fwd: use permit VBCC shore dr.] > Bill/Margret > I had a flyer in my mail box here with the email address below on it. > You > can see my response. I believe the hearing might have been today. Do you > know the outcome? > Jim >> From: <willj320@bellsouth.net> Date: 2006/09/13 Wed PM 04:59:15 EDT To: <fchristi@vbgov.com> >> Subject: use permit VBCC shore dr. >> Dear Faith, >> I live in Seagate condos, two doors down from the property in >> question. >> I have been here all summer & have never heard the first sound of music >> from there. I believe the only way residents in our bldg might find the >> music objectional is if they have their hearing aids turned up to Max. >> I believe from what I notice around the property, that the residents >> here >> are fearful that it might turn into a "Duck Inn" situation, with improper >> parking/noise/etc. It is my opinion that they fail to realize that the >> VBCC's first order of business is to rent their suites out at very nice >> prices. The Duck Inn was not connected to any hotel and therefore may >> not have been as concerned about the noise or improper parking. >> As an independent businessman myself, I feel that the VBCC owners >> would >> not want to jeopordize their hotel business by loud music/parking or >> anything else that might cause their hotel guests to leave early or flood >> their front desk with complaints!!!!!!!! I would think a permit for >> music would have absolutely no immediate effect on the surrounding >> properties. >> Jim Williams townhouse 5 Seagate Colony VB, Va. i 1 Page 1 of 2 Teresa Poston From: William Gunter [wmgunter@cox.net] Sent: Sunday, September 17, 2006 9:15 PM To: Harvey Shiflet Subject: Fw: MARGARET, PLEASE FORWARD THIS TO THE VB PLANNING COMM & RESORT Hotel — Original Message From: Valerie Neff To: William Gunter Sent: Sunday, September 17, 2006 4:55 PM Subject: Re: MARGARET, PLEASE FORWARD THIS TO THE VB PLANNING COMM & RESORT Hotel Dear City Council Members & Planning Commission, We understand that the Virginia Beach Resort Hotel & Conference Center have requested a conditional use permit for outdoor music and entertainment. We feel this permit should be aproved with conditions of time limitations. As I believe this is already a city ordiance. We understand the concerns of our community, however the Resorts Hotel has been here prior to Mariner's Mark condos. We feel that Resorts Hotel have been good neighbors and we feel we should also be good neighbors. We need to work together. We live in the building right next door to Resorts (2316 Mariner's Mark Way) on the northwest comer on the 4th & 5th floor. Our windows DO NOT shake or rattle. We can also hear our television. We actually find the weddings, parties and music enjoyable. It is nice seeing people celebrate. Thank you for taking this into consideration for approving Resorts permit. Sincerely, Valerie & Walter Neff 2316 Mariner's Mark Way, VABeach, VA 23451 481-2396 — Original Message From: William Gunter To: Walter & Valerie Neff Sent: Sunday, September 10, 2006 6:33 PM Subject: Fw: MARGARET, PLEASE FORWARD THIS TO THE VB PLANNING COMM. — Original Message From: thomas lynch To: William Gunter Sent: Friday, September 08, 2006 1:56 PM Subject: MARGARET, PLEASE FORWARD THIS TO THE VB PLANNING COMM. TO WHOM IT MAY CONCERN, MY NAME IS THOMAS LYNCH AND UNTIL A YEAR AGO WAS A RESIDENT OF MARINER'S MARK ALONG WITH MY WIFE PEGGY. WE LIVED IN UNIT 404, BLDG 2313 9/25/2006 s,n-d 3'aSf1 rage L of L FACING THE RESORT HOTEL. WE WERE THERE WHEN THEY HAD MUSIC PLAYING OUT ON THEIR DECK. I CAN HONESTLY SAY THAT IT NEVER BOTHERED MY WIFE OR I AND IN FACT WE COULD HARDLY HEAR IT. THE ONLY WAY WE COULD ENJOY IT WAS TO GO TO THE HOTEL OR TO GO DOWN BY THE BEACH TO LISTEN. I WAS A MEMBER OF THE BOARD AT MARINER'S MARK WHILE LIVING THERE AND I CAN ASSURE YOU IF I STILL LIVED THERE I WOULD VOTE IN FAVOR OF LETTING HARVEY SHIFLET CONTINUE WITH HIS ENTERTAINMENT. IF YOU HAD ONE OF YOUR CITY ENGINEERS COME OUT WITH A DECIBEL METER IT WOULD NOT TAKE HIM VERY LONG TO CONCLUDE THAT THE NOISE FROM THE TRAFFIC ON SHORE DRIVE IS A LOT LOUDER AND A LOT MORE ANNOYING THAN ANY MUSICAL SOUNDS FROM THE VA. BEACH HOTEL. RESPECTFULLY SUBMITTED, THOMAS LYNCH Add Emo#ion icons to your Emails 9/25/2005 �) woasDgsnS $*�)$INOMSM Gayle J. Howell 2830 Shore Drive — Unit 611 Virginia Beach, VA 23451 757-412-4497 Dr. Harvey H. Shiflet Virginia Beach Resort Hotel 2800 Shore Drive Virginia Beach, VA 23451 Dear Harvey, I heard the familiar music coming from the direction of the Resort Hotel a few weeks ago. It is always what I think of as my own harbinger of summer, and indeed, a delightful one. I haven't heard it since and was wondering if I may have been hearing the music of a wedding reception or something special. My friends wonder when they can be party again to the music as well. My main reason for writing is to thank you for all everything we enjoy of VBRHCC. I have started reserving suites as special gifts for friends & relatives and wanted to pass their thanks on to you, as well. My stepdaughter, Lynn, comes down from Boston at least two or three times a year. She so loves your hotel that, even though I live two blocks away on the bay, she wants to spend some of her vacation there instead of with me or with her brother. My former neighbor, Judge William Dudley & his wife, Dottie spent two nights there at my expense for his birthday. I also added a bottle of wine and a tray of cheese & fiuit from Tradewinds. They still tell people what a sumptuous two nights it was and have started making reservations as gifts for their own friends and family, as well as treating themselves to more nights. A two -night stay was also a wedding gift for another former neighbor, Police Officer Todd Jones. The Jones' thank -you note to me should have gone straight to the Hotel because it was all a rave about the accommodations and Tradewinds. No doubt, they will want to spend their anniversaries there as well. How could I not thank you especially for the absolutely fabulous birthday party in one of your parry rooms for my late husband, Robert! There may not have been people from every state of the Union, but a lot of states, as well as Puerto Rico, were represented. You know, I still have people commenting on the accommodations, the view and the food, even though it was nine years ago. And of course, when anyone is at my condo on a Sunday morning they want to have brunch at "Best of the Beach", Tradewinds. My grandson, Carl, now a student of Florida Institute of Technology, especially loves the brunch. I can almost taste that delicious food now! Calvin always makes the perfect Host. The activities on the bay from your jet skies, etc. add even more enjoyment. Again, thank you for everything. I hope to see you, Beezie and any or all of your family at brunch soon. Sincerely, qzt, Li, J��: .,�-i C Gayle Howell On The Chesapeake Bay "Life's A Beach" The Landings Homeowners Association Shore Drive & Croix Drive Virginia Beach, Virginia 23451 November 3, 2006 Dr. Harvey Shiflet Virginia Beach Resort and Conference Center 2800 Shore Drive Virginia Beach VA 23451 Dear Dr. Shiflet: Pursuant to our discussions regarding the playing of either live or recorded music on the outside deck at the beach side of the hotel, The Landings does not object to the musical entertainment according to the schedule you have agreed to. That is, • deck music will not be played on more than three nights a week with the exception that there may be an additional twelve special events held between May and October • during the week (Sunday through Thursday), music will be stopped no later than 9:00 pm • on the weekend (Friday and Saturday), music will be stopped no later than 10:00 pm • the type of music will be in keeping with the kind traditionally provided at the hotel (Bob the guitarist, The Rondels, Eddie Sal, etc.), not hard rock, heavy metal, or rap Harvey, given these restrictions, I do not think you will overly burden anyone at The Landings and, hopefully, you will receive the support and business of many of our residents. I wish you much success in all your ventures regarding the hotel. It is a fine asset to our neighborhood. Thank you for your cooperation and willingness to help find a mutually acceptable solution to this issue. Kindest regards, C�� A. 4nt., Charles M. Smith, Jr. President The Landings Homeowners Association cc: Ms. Karen Lasley, City of Virginia Beach, Department of Planning U69a51L+ November 6, 2006 Virginia Beach Resort Hotel and Conference Center Shore Drive Virginia Beach, VA 23451 Attn: Dr. Shifflett or Stacey Patrick Dear Dr. Shifflett and Mrs. Patrick, Cape Story by the Sea Civic Assoc. P. O. Box 700 Virginia Beach, VA 23451 Cape Story by the Sea Civic Association (CSBTS) is a neighborhood civic group consisting of about 200 paid members representing 670 homes along Shore Drive between North Great Neck Road and First Landing State Park. On October 9, 2006, CSBTS voted to support the Virginia Beach Resort Hotel and Conference Center's (VBRHCC) request for a Conditional Use Permit (CUP) for amplified outdoor entertainment. The VBRHCC has been an excellent neighbor and very mindful in the role it plays in the community. The VBRHCC has partnered with the CSBTS neighborhood watch program to help identify and stop crime. The VBRHCC also participates in the Welcome Home program for soldiers stationed at Fort Story. If the August 9/Sept 13 Item#15 CUP is granted, it is the belief of CSBTS that the VBRHCC will not abuse this privilege and that they will continue to be good stewards to the community. CSBTS also feels that the CUP is not asking for anything more than what has taken place in the past. Therefore, we feel the CUP should be approved. A copy of this letter has been sent to the City's Planning Staff for their records. Please feel free to reproduce it and use it as necessary. Sincerely, Todd R. Solomon Todd R. Solomon -- Cape Story by the Sea Civic Association -President P(MrfSM0U1ii October 12, 2006 The Honorable Meyer Obetndorff, Mayor City of Virginia Beach 2401 Courthouse Drive 'Virginia Beach, VA 23456 Reference: Virginia Beach Resort Hotel and Conference Center "Music on the Deck" Dear Mayor Oberndorff: This letter is written requesting that the City Council of the City of Virginia Beach give strong, favorable consideration to Dr. Harvey H. Shiflet's request on behalf of the Virginia Beach Resort and Conference Center's desire to provide music on their outside deck overlooking the Chesapeake Day. in 2004, The Treasurers Association of Virginia held its Annual Conference at the "Conference Center." We engaged Bill Deal's Band, LLC for our opening night "Beach Party." The setting was beautiful, and t11e deck offered the attendees from tluoughout Virginia the opportunity to enjoy one of Virginia Beach's finest facilities. Needless to say, if we had bwn unable to have the "Beach Parry" on the deck at the Conference Center, we would have chosen another facility, possibly in another city. I remember very well the residents of the adjoining property sitting on their balconies enjoying the music. We honored Dr. Shiflet's request that the "Beach Party" and music conclude at 1 i:00 p.111. There were no complaints presented to me as Chairman of the Conference. Thank you for allowing me to express my concern that if the Conference Center is denied this amenity to those choosing to visit. the Conference Center, that it will remove one of its biggest sellii g poitlts. Y - verytruly, James L. Williams Cc: Dr. Harvey H. Shiflet Virainia Iieael) Resort and Conference Center James L. "Jimmy" Williams, City Treasurer City Treasurer's Office SU 1 Crawford Street * ro rtsmoutil, V. 23709--:3872 • P110171e: (757) 3f43-8051 • Fax: (757) 393-5095 Jan 09 07 03:29p Shiflet Cox & Morgan (757)340-8609 p.3 10/26/2006 09:08 7573935095 PORTS TREASURER PAGE 02/02 MEYERA E. C18ERNDORF MAMR C: its <A, Vi r W. x-I.ia October 20, 2006 Mr..Iames I. Williams City Treasurer 801 Crawford Street Portsmouth. Virginia 23 704-36 72 Dear Mr. Williams: VBgov..r.om WII WPAL C?NTER 2M11 CDUATHOUSE DA#VC VIAGINVA Q4ArJ4. VAm-;e4w (T57M7.1581 FAX(Wi a;rtMv MOKANDOOVtdC+CV.COM Thank ymi for your letter in support of a use permit application by Dr. Shiflett, on behalf of the Virginia Beach Resort and Conference Center, to provide music on their outside deck. 1 u"derstand the applicant requested d tferral of this item to address building code issues that mutt he overcome the use permit is 4pproved. It 1.v anticipated 0 MY return to the Planning Commission in December or AnVary. Your inpru is greatly appreciated and),.,ill be given awrious consideration when this appliration is brought before (:ity Counic for a final decision. Sincerely, - ,Wyera E. Oberndorf Miz)vr N/EO/KDN/tnkm Kathleen Hassen From: Stephen J_ white Sent: Tuesday, February 06, 200712:33 PM To: Kathleen Hassen S"Ject: F1N_ Mrs. McClanan Question Impotence: High Kathleen. Please pass this on to Mrs. McClanan. She wants the language I suggested below concerning the sign for Enterprise Rent A Car. THANKS! Jnr= Stephen I White Sent: Tuesday, January 23, 200710:51 AM To: KM:hleen Hassen Subject RE: Mrs. McClanan Question Enterprise will do whatever the Council desires in regard to the sign. Mrs. McClanan can add a condition that states, 'A,ny free-standing sign must be monument style. not to exceed eight (81 feet in hpinhr rr.e e,.1-2 s From: Kathleen Hassen Serer Tuesday, January 23, 200710:48 AM To: Ste0en I White Subjeclr Mrs. McClanan Question Mrs. McClanan is concerned that the Enterprise Rent A Car application does not contain any conditions regarding the sign. She feels the existing tall sign is not appropriate and it is shown in the picture. Kathleen D. Hassen Assistant to the City Manager for Community Affairs 2401 Courthouse Drive Building 1, Room 234 Virginia Beach, Virginia 23456 757-386-4242 757-385-8190 (voice mail) 757.427-5626 (fax) khassenft.vbgov.com 216/2007 -)I- CUP for Motor Vehicle Rental r• 2 J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Enterprise Rent-A-Car for a Conditional Use Permit for motor vehicle rentals on property located at 3680 Holland Road (GPIN 1486543888). DISTRICT 3 — ROSE HALL MEETING DATE: February 13, 2007 ■ Background: On January 23, 2007, the City Council deferred this application to provide the applicant time to respond to questions from the Council. The applicant is proposing to operate a motor vehicle rental establishment in an existing building, previously used for motor vehicle repair, on a developed site. ■ Considerations: The applicant proposes to rent no more than ten automobiles at any one time. Hours of operation are Monday through Friday 8:00 am to 6:00 pm, Saturday 9:00 am to 12:00 pm. The business will not be open on Sunday. A maximum of 4 full-time and 2 part-time employees will be working at any one time. "Light washing" of the automobiles will be done on the paved surface in the rear of the building. Vacuuming will occur in the service bays. Currently, there are 16 parking spaces on site, leaving ample parking for employees and prospective customers. The existing building on the site will be renovated to reflect the Enterprise corporate colors and image. The colors are earth -tones and are an improvement over the distracting color scheme used on the existing building. The operation of the motor vehicle rental is acceptable, as the site is separated from the neighborhood to the north by Alabama Avenue, which is a 50 -foot wide undeveloped right-of-way and is actually classified as a park on the recorded plat. Since the neighborhood is buffered by this right-of-way, and since the use is located on the edge of an established neighborhood, it is in keeping with the recommendations of the Comprehensive Plan pertaining to commercial uses in the Primary Residential Area. Additionally, the preexisting use of the property was an auto repair facility with direct access on Holland Road. The change of use from auto repair to auto rental provides a less intensive use, and thus, a lessened impact to the adjacent community. The Planning Commission placed this item on the consent agenda because they felt it is an appropriate use for the site and there was no one in opposition. Enterprise Rent-A-Car Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The hours of operation shall be Monday through Friday, 8:00 am until 6:00 pm, Saturday, 9:00 am until 12:00 pm. 2. The vehicles shall be parked and cleaned in designated areas on site. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent at this site. 4. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 5. There shall be no signs placed within the windows or on the doors. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 6. The proposed building elevation shall be in substantial adherence with the submitted rendering. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentiAgency: Planning Departmen City Manag l� Vol. ENTERPRISE RENT - A -CAR Agenda Item 1 December 13, 2006 Public Hearing Staff Planner: Jeff Manuel REQUEST: Conditional Use Permit for motor vehicle rental ADDRESS / DESCRIPTION: 3680 Holland Road GPIN: 1486543888 00, °OOo R a CUP for Motor Vel COUNCIL ELECTION DISTRICT: SITE SIZE: 3 — ROSE HALL 20,608 square feet N The applicant is proposing to operate a motor vehicle rental SUMMARY OF REQUEST establishment in an existing building on a developed site. The applicant proposes to rent no more than 10 automobiles at any one time. Hours of operation are Monday through Friday 8:00 am to 6:00 pm, Saturday 9:00 am to 12:00 pm. The business will not be open on Sunday. A maximum of 4 full-time and 2 part-time employees will be working at any one time. "Light washing" of the automobiles will be done on the paved surface in the rear of the building. Vacuuming may occur in the service bays. Currently, there are 16 parking spaces on site, leaving ample parking for employees and prospective customers. The amount of projected traffic is not anticipated to negatively impact the area. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Developed site with a vacant structure that previously contained an auto repair facility. SURROUNDING LAND North: USE AND ZONING: South East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Townhouse Dwellings /A-12 • Bank / B-2 Community Business District • Auto Repair/ B-2 Community Business District • Auto Repair / B-2 Community Business District There are no significant environmental resources on the site, as it is developed and almost entirely impervious. ENTERPRI AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a four -lane divided major suburban arterial. It is shown on the Master Transportation Plan as a 130 -foot wide right-of-way. A CIP project (2-008) for improvement of the roadway is in the Requested but not Funded" category. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 31,898 ADT 34,900 (Level of Service Existing Land Use — 0 "D") ADT Proposed Land Use s - unknown Average uaiiy Trips z as defined by vacant business 3Traffic Engineering reports there are no known traffic generation standards for a motor vehicle rental business WATER AND SEWER: This site is already connected to City water and sewer. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The operation of the motor vehicle rental is appropriate, as the site is separated from the neighborhood to the north by Alabama Avenue, which is a 50 -foot wide undeveloped right-of-way and is actually classified as a park on the recorded plat. Since the neighborhood is buffered by this right-of-way and since the use is located on the edge of an established neighborhood, it is in keeping with the recommendations of the Comprehensive Plan pertaining to commercial uses in the Primary Residential Area. Arthur Avenue, directly to the east of the site, is a paved street that terminates at Alabama Avenue, preventing traffic from the site and Holland Road from entering the neighborhood directly behind it. The ingress and egress points from the site on to Arthur Avenue and Holland Road will not change as a result of this use. The preexisting use of the property was an auto repair facility with direct access on Holland Rd. The change of use from auto repair to auto rental provides a less intensive use, and thus, a lessened impact to the adjacent community. CONDITIONS 1. The hours of operation shall be Monday through Friday, 8:00 am until 6:00 pm, Saturday, 9:00 am until 12:00 pm. 2. The vehicles shall be parked and cleaned in designated areas on site. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent at this site. 4. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 5. There shall be no signs placed within the windows or on the doors. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 6. The proposed building elevation shall be in substantial adherence with the submitted rendering. 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 and Standards. 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. ENTERPRIS A=LIJwilmaIM_`i■I=EaIMA I 3680 HOLLAND RD � EXHIBIT A 1 f Facility Elements Exterior Colors The exterior color palette is comprised of the core logo and Swipe calors plus other light neutral colors. Examples appear throughout this guide. Color Samples Color Name Shervrin y",illiams ICI (Europe) PROPOSED BUILDING ENTERPRIS Light Beige Moderate White -TN 6140 40YY751084 Brown Carnelian - SW 2708 90RR 491060 Building White Pure White -SW7005 90YY831036 Dark Beige Cubist Gray - SIN 1022 30YY 58;082 PROPOSED BUILDING ENTERPRIS 1 2/25/2003 Use Permit fuel sales Granted 6/10/2003 Use Permit car wash Granted 2 9/26/1988 Rezoning A-12 Apartment to B-2 Business Granted 9/26/1988 Use Permit Auto Repair) Granted 3 4/23/1996 Use Permit Auto Repair) Granted 4 7/5/2000 Use Permit (Motorcycle Sales Granted 5 11/28/1988 Street Closure Granted 6 1/9/1996 Rezoning A-18 Apartment to R -5S Residential Granted 7 4/23/1996 Rezoning A-18 Apartment to R -5S Residential Granted 8 12/3/19961 Rezoning A-18 Apartment to R -5S Residential Granted 9 11/14/1995 1 Use Permit Fuel Sales with Convenience Store Granted ENTERPR T f(ou "a 1,19 —4 1 C.t CImC y.�. L A R �• +9�i RO 6� S U- 1 0� b 5 E� z g$ °�_ O"MA $ i t In r� ills S� gills b W-2 mg '= gwUs OLD »�' 3S 211 a VOA a wS C9 q �v�H � R�a e�md E?'�° S- , _ �.__�. pC _ ¢�yr.._lei T f(ou "a 1,19 —4 1 Item #1 Enterprise Rent-A-Car Conditional Use Permit 3680 Holland Road District 3 Rose Hall December 13, 2006 CONSENT Barry Knight: The next item of business will be the consent items. These are items, which we deem to be on consent. The Vice Chair will handle this portion of the meeting. Janice Anderson: Thank you Mr. Chairman. Today, we have six items on the consent agenda. The first item is agenda item #1, Enterprise Rent-A-Car. It is for a Conditional Use Permit for motor vehicle rentals on property located at 3680 Holland Road, in the Rose Hall District. Is there any representative on this application? Please come forward. Welcome. Could you please state your name? Trish Mohar: Trish Mohar. Kyle Ellis: It's Kyle Ellis. Janice Anderson: Welcome. This is placed on our consent agenda with six conditions. We added one last item during the informal. Have you reviewed those, and are they acceptable? Kyle Ellis: Yes Trish Mohar: Yes. They're fine. Janice Anderson: Okay. Thank you very much. Kyle Ellis: Thank you. Janice Anderson: Is there any opposition to this application being placed on the consent agenda? The Chairman has asked Gene Crabtree to review this application for us. Eugene Crabtree: This application is a proposal to operate a motor vehicle rental on Holland Road. The existing business there now is an auto repair shop. The Enterprise rental agency will greatly improve the appearance of the property. Visually, it will fit in to the area. It is an appropriate use for this property. In back of this is a housing development, but there is a 50 -foot easement or right-of-way behind this building, between the building and existing residential area, which serves as a good buffer; so, it won't disturb any of the residents. The hours of operation for this business also will be Item #1 Enterprise Rent-A-Car Page 2 such that it will not disturb any of the residents in the area. It is in conformance with the Comprehensive Plan, and therefore, we put it on the consent agenda. Janice Anderson: Thank you Gene. Mr. Chairman, I have a motion to approve the following item on the consent agenda. It is agenda item #1. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? Kathy Katsias: Second. Barry Knight: There is a motion on the floor by Jan Anderson and a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #1 for consent. triuy A%-1 i Moo Not to Scale t % � a i AG -2 / D � 13,500 more Or o Afess to 1!R-gha, Rd. f ff A TT 1 Ivle un n. x1am nunu nr-i AG -1 CUP Norse Boarding Facility AG -1 U i„ 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Megan A. Hammond for a Conditional Use Permit for boarding of horses on property located at 1236 Princess Anne Road (GPIN 2401819887). DISTRICT 7 — PRINCESS ANNE MEETING DATE: February 13, 2007 ■ Background: The site is located south of Gum Bridge Road in an Agriculturally zoned district. It is surrounded on the north, south, and east by farmland. Princess Anne Road borders the front of the property to the west. The site size is 23 acres; located on the site are a one and one-half story barn, a ranch style house, and a detached garage. The house is situated 1,200 feet from Princess Anne Road, with the barn being more than 200 feet behind it. A small riding ring is in front of the house. ■ Considerations: The proposed use will offer horseback riding lessons and full boarding facilities for a maximum of 19 horses within an existing barn. A maximum of three (3) employees are expected to be working on site at any time. Currently, there is enough room for parking 5 vehicles by the barn. A small riding ring directly in front of the house will have overhead lighting for nighttime riding. The lights will be turned off at 8:00 pm. The Comprehensive Plan deems the boarding of horses and horse riding academies are desired and appropriate uses in the Rural Area. The City Zoning Ordinance (CZO) requires that such use be evaluated through a Conditional Use Permit process to ensure that the number of horses is appropriate to the size of the site and the activity is not intrusive to surrounding areas. Section 241 of the CZO provides regulations for this use, noting that there cannot be more than three (3) horses for each acre of land within the site and that all corrals and stables where horses are concentrated (boarded) must be at least 100 feet from any property line. The applicant is requesting 19 horses, far short of the 69 horses that the CZO allows. The stabling barn shown on the submitted site plan, however, is only 48.3 feet from the property line to the north and slightly more than that from the eastern property line. Staff though concludes that distance between the barn and the property lines is acceptable since the land use adjacent to those property lines is cropland. Section 221(i) of the City Zoning Ordinance allows the City Council to approve a use permit with such deficiencies if it is determined that the deficiencies are offset by the proposal itself, which Staff finds to be the case here, or by attached conditions that ensure the proposal is compatible to the surrounding area. In this case, it is staff's opinion Megan A. Hammond Page 2 of 2 that the situation of the proposal itself offsets the requirements of Section 241 regarding distance from property lines. The Planning Commission placed this item on the consent agenda because it is in keeping with the Comprehensive Plan, is appropriate for the rural nature of the southern part of the city, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. There shall be no more than 19 horses kept on the property. 2. Any lighting fixtures illuminating the riding area shall be turned off no later than 8:00 pm. 3. The applicant shall consult with the City of Virginia Beach, Department of Agriculture pertaining to the most efficient and appropriate method of waste collection and disposal. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1 City Manager: `d— • "'" MEGAN A. HAMMOND Agenda Item 9 January 10, 2007 Public Hearing Staff Planner: Jeff Manuel REQUEST: Conditional Use Permit for a Horse Boarding Facility ADDRESS / DESCRIPTION: Property located 1236 Princess Anne Road, approximately 1,800 feet south of Vaughan Road on the east side of Princess Anne Rd. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24018198870000 7 — PRINCESS ANNE 23 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a Horse Boarding Facility. The proposed use will offer horseback riding lessons and full boarding facilities for a maximum of 19 horses within an existing barn. A maximum of three (3) employees are expected to be working on site at any time. Currently, there is enough room for parking 5 vehicles by the barn. A small riding ring directly in front of the house will have overhead lighting for nighttime riding. The lights will be turned off at 8:00 pm. The site is located south of Gum Bridge Road in an Agriculturally zoned district. It is surrounded on the north, south, and east by farmland. Princess Anne Road borders the front of the property to the west. This is a twenty-three acre site with a one and one-half story barn, a ranch style house, and a detached garage. The house is situated 1,200 feet from Princess Anne Road, with the barn being more than 200 feet behind it. The small riding ring is in front of the house. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Agriculturally zoned farm with a residence and two accessory buildings. SURROUNDING LAND North: . Agricultural uses / AG -1 and AG -2 District USE AND ZONING: South: . Agricultural uses / AG -1 and AG -2 District East: . Agricultural uses / AG -1 and AG -2 District West: . Single-family dwelling / AG -2 District NATURAL RESOURCE AND The majority of the site is a grass field with a few trees on the perimeter MEGAN HAMMOND Agenda Item 9 Page 1 CULTURAL FEATURES: of the property. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES FIRE: The site needs to provide an adequate road for Fire Department access since structures are some distance from the paved road. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions listed below. Comprehensive Plan: The request for a conditional use permit for horse boarding with future pasture and jumping course improvements is in keeping with the planning objectives outlined in Chapter 6 of the City's Comprehensive Plan; #2 Recognize the rural character and the need to preserve open space and scenic beauty. "Rural areas may be characterized as a balance between the natural environment and human uses with farms, horse boarding, campgrounds, wineries and open space activities" (Pg.164) Evaluation: The boarding of horses and horse riding academies are desired and appropriate uses in the Rural Area, as noted above with the quote from the Comprehensive Plan. The City Zoning Ordinance (CZO) requires that such use be evaluated through a Conditional Use Permit process to ensure that the number of horses is appropriate to the size of the site and the activity is not intrusive to surrounding areas. Section 241 of the CZO provides regulations for this use, noting that there cannot be more than three (3) horses for each acre of land within the site and that all corrals and stables where horses are concentrated (boarded) must be at least 100 feet from any property line. The applicant is requesting 19 horses, far short of the 69 horses that the CZO allows. The stabling barn shown on the submitted site plan, however, is only 48.3 feet from the property line to the north and slightly more than that from the eastern property line. Staff though concludes that distance between the barn and the property lines is acceptable since the land use adjacent to those property lines is cropland. Section 221(i) of the City Zoning Ordinance allows the City Council to approve a use permit with such deficiencies if it is determined that the deficiencies are offset by the proposal itself, which Staff finds to be the case here, or by attached conditions that ensure the proposal is compatible to the surrounding area. In this case, it is staff's opinion that the situation of the proposal itself offsets the requirements of Section 241 regarding distance from property lines. Staff, therefore, recommends approval with the conditions below. CONDITIONS 1. There shall be more than 19 horses kept on the property. 2. Any lighting fixtures illuminating the riding area shall be turned off no later than 8:00 pm. 3. The applicant shall consult with the City of Virginia Beach, Department of Agriculture pertaining to the most efficient and appropriate method of waste collection and disposal. 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 and Standards. 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. YOM" ia3soa AIN $n too .: p y4 E trz -, It !y c ca J m + 1 � -,n � •eol �i ;G ale jj Mme � s i ► •�x � k ' Do 8900 I ( rm W Orr >5 .' V yl D o�lzo P.O. ..Kv, ].mAa.Hw �A r � g •.. �,... — r 00//u, fNA �nn� Cc5waln�' Y G ti YYCC'jl{j y..4Q� Z lwaciA T/ W YTLb SIT• SS30 �0D v<�� EXISTING STABLE EXTERIOR AND 1. 6/25/90 Conditional Use Permit (Church) Approved 10/12/93 Conditional Use Permit (Church) Approved 8/27/96 Conditional Use Permit (Church) Approved 6/23/98 Conditional Use Permit (Pre -School) Approved 6/22/99 Conditional Use Permit (Church Addition) Approved 7/3/01 Conditional Use Permit (Child Care Education Center) Approved 11/25/03 Conditional Use Permit (Classrooms, Gymnasium) Approved IF, La I W I IN D U) U) 5 grit FREI to u va-bil Ai WNW 9 i Le In c -. a 1 s z W 2g, eli g. 45 V�w s if <92 to Af 11 g 0 Vx lo 72 -a 1:oz uj z .1 Ile 1 EL lu it grit FREI to u va-bil c - V DISCLOSURE STATEMENT Ai J�l 0 Vx lo 72 -a 1:oz uj z .1 Ile c lu it cc c :2 L M= CL c - V DISCLOSURE STATEMENT Item #9 Megan A. Hammond Conditional Use Permit 1236 Princess Anne Road District 7 Princess Anne January 10, 2007 CONSENT Janice Anderson: The next agenda item is agenda item #9. That is the application of Megan Hammond. This is for a Conditional Use Permit for boarding horses on property located at 1236 Princess Anne Road in the Princess Anne District. Is there a representative on this application? Megan Hammond: I'm Megan Hammond. Janice Anderson: Welcome Ms. Hammond. Megan Hammond: Thank you. I've read the conditions and I see no problem facilitating them. Janice Anderson: They are satisfactory? Megan Hammond: Yes. Janice Anderson: Thank you. Megan Hammond: Thank you. Janice Anderson: Is there any objection to this application being placed on the consent agenda? The Chairman has asked Don Horsley to please review this application. Donald Horsley: Thank you Jan. The application is a Conditional Use Permit for a horse boarding facility. Along with this will go horseback riding lessons and full-time boarding in a barn that already exists. There will be a maximum of 19 horses on the property at one time. This is in keeping with the current Comprehensive Plan, and blends well into the rural nature. It is in the southern end of the City. We don't have any problem with it. The staff has recommended approval, and so for those reasons, we placed this item on the consent agenda today. Janice Anderson: Thank you Don. Mr. Chairman, I have a motion for the approval of agenda item #9 with three conditions. Item #9 Megan A. Hammond Page 2 Barry Knight: Thanks. There is a motion to approve. Do I have a second? Okay. Is there any discussion? There is a motion to approve consent agenda item #9 by Jan Anderson and seconded by Kathy Katsias. I'll call for the question. Ed Weeden: By a vote of 11-0, the Board has approved item #9 for consent. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #9 for consent. •T 1, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Cingular Wireless for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive (GPIN 1468230888). DISTRICT 2 — KEMPSVILLE MEETING DATE: February 13, 2007 ■ Background: The applicant requests a Conditional Use Permit to install a tower for wireless communication antennae and related equipment within an existing Dominion Virginia Power transmission tower. The existing tower is located within a Virginia Power easement that runs through the Campus East and Lake Edward neighborhoods. ■ Considerations: This site is within a Dominion Virginia Power easement in a multi -family dwelling neighborhood. The antennae and equipment will be located on a tower within this easement. The communications tower has been designed to accommodate up to twelve (12) antennae. The proposed tower will be located on an existing Dominion Virginia Power structure, satisfying the criteria for less intrusive locations for wireless communication facilities. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. The top of the existing Dominion Virginia Power tower is at a height of 111 feet. The proposed low profile rotatable platform panel antennas will extend above the existing tower for a total height of 126 feet. The proposed equipment cabinets will be located within the footprint of the existing Dominion Virginia Power tower on a concrete slab. The cabinets will be encompassed by a chain-link fence woven with vinyl slats, eight feet in height with an access gate (the chain-link fence was requested by the adjoining residents). The equipment cabinets and fence will be located within the footprint of the existing tower base. The Planning Commission placed this item on the consent agenda because the tower will be placed on an existing Dominion Virginia Power structure, thereby making it less intrusive, and the proposal meets the criteria specified in Section 232 of the City Zoning Ordinance. Cingular Wireless Page 2 of 3 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The tower shall be constructed substantially as shown on the site plans entitled "Cingular Wireless Collocation on Existing Transmission Tower Distribution Structure Frame # 27/290", prepared by BC Architects Engineers, dated 07/25/06. The plans have been exhibited to City Council and are on file with the Department of Planning. There shall be no barbed wire on the fence. 2. The tower including antennae shall not exceed 126 feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(b)(8) of the City Zoning Ordinance. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Cingular Wireless Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �-� . CINGULAR WIRELESS Agenda Item 9 November 8, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a wireless communications tower within an existing Virginia Power transmission tower. M,�Nft S-1, Cin FTZAFM- w � •♦ I♦I�: j/mss ` �. ai' I . y� � t � w �� _ � n � , asst•. % �s � i CUP for Communications Tower ADDRESS / DESCRIPTION: Property located at 5638 Baccalaureate Drive. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14682308880000 2 - KEMPSVILLE Total site 13,630 square feet Tower area 625 square feet The applicant requests a Conditional Use Permit to install a SUMMARY OF REQUEST tower for wireless communication antennae and related equipment within an existing Dominion Virginia Power transmission tower. This site is within a Dominion Virginia Power easement in a multi -family dwelling neighborhood. The antennae and equipment will be located on a tower within this easement. The top of the existing Dominion Virginia Power tower is at a height of 111 feet. The proposed low profile rotatable platform panel antennas will extend above the existing tower for a total height of 126 feet. The proposed equipment cabinets will be located within the footprint of the existing Dominion Virginia Power tower on a concrete slab. The cabinets will be encompassed by a chain-link fence woven with vinyl slats, eight feet in height with an access gate (the chain-link fence was requested by the adjoining residents).The equipment cabinets and fence will be located within the footprint of the existing tower base. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Residential site with a Dominion Virginia Power easement over a portion of it. SURROUNDING LAND North: . Dominion Power Easement/ R-10 Residential District CINGULAR WIRELESS Agenda Item 9 Page 1 USE AND ZONING: South: . Across Baccalaureate Drive are multi -family dwellings /A-12 Apartment District East: . Multi -family dwellings / A-12 Apartment District West: . Multi -family dwellings / A-12 Apartment District NATURAL RESOURCE AND A majority of this residential site is grass field within an easement area. CULTURAL FEATURES: There are no cultural features associated with this site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The communications tower has been designed to accommodate up to twelve (12) antennae. The proposed tower will be located on an existing Dominion Virginia Power structure, satisfying the criteria for less intrusive locations for wireless communication facilities. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Since the property abuts residentially zoned property and is on a residential site, Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback requirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower. This would require the property line to be 138.6 feet away from the tower. However, in this case, the property line is directly under the Dominion Virginia Power tower with the equipment located entirely on one property. The next closest property line is approximately 95 feet away from the existing tower's base. Section 232 also specifies that no communication tower may be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower and antennae. In this case, application of this provision would require that the tower should be at least 157.5 feet from any residential structures. The existing base of the Dominion Virginia Power tower appears to be approximately 81 feet from the nearest structure. Staff, however, concludes that both of these deficiencies are adequately offset by the fact that the Virginia Dominion Power tower, within which the new monopole for the wireless antennae will be placed, already exists, and in reality, existed prior to the residential dwellings being constructed. Section 221(i) of the City Zoning Ordinance allows the City Council to approve a use permit with such deficiencies if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. In this case, it is staff's opinion that the situation of the proposal itself offsets the requirements of Section 232 regarding setbacks based on height. The recommended conditions are provided below. CINGULAR WIRELESS Agenda Item 9 Page 2 CONDITIONS 1. The tower shall be constructed substantially as shown on the site plans entitled "Cingular Wireless Collocation on Existing Transmission Tower Distribution Structure Frame # 27/290", prepared by BC Architects Engineers, dated 07/25/06. The plans have been exhibited to City Council and are on file with the Department of Planning. There shall be no barbed wire on the fence. 2. The tower including antennae shall not exceed 126 feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(b)(8) of the City Zoning Ordinance. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 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 and Standards. 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. CINGULAR WIRELESS Agenda Item 9 Page 3 E 1�s mp= W -w .:a •r.. cow - 4r ou *lt"C Oak* offow ow w r.mpu Mmm µ`1R'.0 a n't RCM-" W -4k, —WOWA2 MWWW V�4-v gwA AWA PROPOSED SITE PLAN CINGULAR WIRELESS Agenda Item 9 Page 5 9-1 CINGULAR WIRELESS Agenda Item 9 Page 6 I f I■ � - 2 fi z -i r' , i' iii[[[ . rolt wrk poa }ly2ar 10 V� } .f 1� ryry��yy��ppM ff.yya�q tOW 27/290 `�! V M01 --5m coR i 1 f afw. MAX M C €U SECt M . F%T ME caCE r1 INVAN XXX —'PEED =OCR Mn SAM MAWS CAakCZSC= SUS ELE4 146' PROPOSED BUILDING ELEVATION CINGULAR WIRELESS Agenda Item 9 Page 7 CINGULAR WIRELESS Agenda item 9 Page 8 1 11/09/04 Conditional Use Permit Church Expansion) Granted 2 12/09/03 Conditional Rezoning from R-10 to A-12 Granted 3 08/28/01 Modification of Conditions Granted 12/16/97 Conditional Use Permit Church Granted 02/11/92 Conditional Use Permit (Church) Withdrawn 4 1 02/22/94 1 Conditional Use Permit Private school Granted ZONING HISTORY CINGULAR WIRELESS Agenda Item 9 Page 9 r>SIT Gd ,11 ULAIR A J •j r a — � 3 � .7,'L`y jigs 3 x mz mom m ' �� a to ,Yv l.%CjC CS 101 ac >s"-=gc W Z102 %BabY sc 1201 say sp tic s'A Y 1 C 0 M all, pC''i"aCrb. 6v i NOIJ,�'JlTddd IIWUffd �Sf11VN0Id,IQNOD DISCLOSURE STATEMENT CINGULAR WIRELESS Agenda Item 9 Page 10 � AIM! milli �$ Z� cz DISCLOSURE STATEMENT CINGULAR WIRELESS Agenda Item 9 Page 10 VP1371 CON.1.88 APPLICATION TO ATTACH TO TRANSMISSION / TELECOMINf[7NICATIONS STRUCTU"S 3114106, rec'd specs 3123/06 Virginia Electric and Power Company ("Virginia Power") Attn: Paul Feeley, 5th floor 120 Tredegar Street Richmond VA 23219 Re: APPLICATION FOR ANTENNA ATTACB'bi TENT Dear Mr. Feeley: Lessee wishes to lease space on Lessor's transmission 1 communication structures (as described below) pursuant to the terms of the Lease between New Cingular Wireless PCS, LLC a Delaware limited liability company, formerly known as Washington/Baltttnore Cellular Limited Partnership and Virginia Electric and Power Company dated March 27, 1997. Please pmceess this Application in accordance with the terms of the Lease. Customer Site Name: Baker Rd./Wesleyan Customs Site Number. NF350 B VA Power Structure *: 271290 LongUt: 36 52 04.6 -76 10 41.7 Street address or nearest intersection: Baker & Baccalaureate City, State, Zip code: Norfolk. VA 23456 Existing VA Power structure height Proposed rad center for antennas (ft): TBD Antenna Type: Panel Model No. RV-90-17-XXDP No. of Antennas 12 (4 per senor) Antenna Orientation: 0. 120.240 Antenna Mounting System: Ft. '%forth Size and Quantity of Coax: 12 runs of 1518" Andrew Coax Requested Construction Target Date (from Carrier): 6130106 Anticipated Date of final approvals from local authority (city or county): 5131106 Requested Virginia Power Date of Completion: 6130106 Contact Person: Mary Lee Roberts Phone: (757) 965-6411 E-mail address: maryleeroberts@towerplay.com Comments: Lingular is retluesting a FT Worth with a 10-15' extension Application to include 6 TMA Model LGP175OX — Specifications attached, Sincerely, Mary Lee Roberts Agent fur New Cingular Wireless PCS, LLC Page 1 of 3 CINGULARWIRELESS Agenda Item 9 Page 11 VP1371 CON 1.88 LESSOR APPROVAL: ® APPROVAL: Lessor hereby grants APMOVAL to Lessee to install its Equipment at the specified location subject to the conditions of the Lease between Virginia Power and New Cingular Wireless PCS, LLC a Delaware limited liability company, formerly known as Washington/Baltimore Cellular Limited Partnership dated March 27, 1997, payment of the rental feces and costs indicated below and further subject to the special conditions described, if any. This approval is also contingent upon Lessee's providing proof that it has acquired any permits or authorizations required by local authorities as identified under Special Conditions below_ Please indicate your acceptance of and agreement to these terms by signing in the space provided below. Rental Fee For This Location: (annually) Lessor's Estimated Construction Costs: Site # NF35013 — This site has been approved for the installation of twelve (12) EMS RV90-17XXDP panel antennas and twelve (12)1-1l4" coax cables on tower 271290, 67113 in Virginia Beach, Virginia. This system will be mounted on a FWT Powermount 15' above the top of the structure so that the rad center will be approximately 126 feet above ground. This tower is 111 feet tall. This approval is subject to the following conditions: 1. Cingular shall furnish the antennas, coax, and connectors and Dominion Vin-girii a Power will install. 2. Cingular shall furnish and install the equipment shelter, shelter foundation, and ground ring. 3. No permitting costs have been included. Triton is to do all required permitting. 4. These costs are estimates only. The customer will be billed from actual costs incurred at this site. 5. No cost is included for access road work. 6. The cost of providing electric and phone service to the site is additional and shall be coordinated by Cingular. 7. Cingular shall do the cable testing with support from Dominion Virginia Power. FOR DONNM14ION VIRGINIA POWER: Charles D. Har Title: Manager — Transmission Right -of --Way Date: Ayri13.2006 Page 2 of 3 CINGULAR WIRELESS Agenda Item 9 Page 12 vP1371 CON.1.8$ LESSEE'S ACCEPTANCE OF TERMS Lessee hereby accepts and agrees to the teens set forth above. For New Cingular Wireless PCS, LLC a Delaware limited liability company, formerly lmown as WashingtonlBaltimore Cellular Limited Partnership: Warrants that all approvals have been executed including but not limited to licenses, easements or other appropriate agreements from the owners of the lands upon which the equipment will be located ash set f@rth in 14 a. in the Master Lease: By: — Name c ert.D.Y ung N Director oilic:fxsgisin9 Title: antape'rat m Date: Page 3 of 3 CINGULAR WIRELESS Agenda Item 9 Page 13 Item #9 Cingular Wireless Conditional Use Permit 5638 Baccalaureate Drive District 2 Kempsville November 8, 2006 CONSENT Janice Anderson: The next application is agenda item#9. It is the application of Cingular Wireless. This is for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive in the Kempsville District. Is there a representative from Cingular? This matter was placed on the consent agenda with seven conditions. Is there any opposition to this application? Therefore, the Chairman has asked Kathy Katsias to review this matter. Kathy Katsias: This is a request for a Conditional Use Permit to install a tower for wireless communication antenna and related equipment within an existing Dominion Virginia Power transmission tower. The proposed tower will be located on an existing Dominion Virginia Power structure satisfying the criteria for less intrusive locations for wireless communication facilities. The top of the existing Dominion Virginia Power tower is at a height of 111 feet. The proposed low profile rotatable platform panel antennas will extend above the existing tower for a total height of 126 feet. This proposal does have some zoning ordinance setback issues. However, these deficiencies are adequately offset by the fact, that the tower within the new monopole, for the wireless antenna that will be placed already exist. Therefore, we recommend approval of this Conditional Use Permit. Janice Anderson: Thank you Ms. Katsias. Mr. Chairman, I make a motion to approve item #9 for consent. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY ABSENT KATSIAS ' AYE KNIGHT AYE LIVAS AYE Item #9 Cingular Wireless Page 2 RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item #9 for consent. M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Tallwood High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20 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 02/03/2007mb www.vbgov.com CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING: SUMMARY OF COUNCIL ACTIONS A VOLUNTEER ANNUAL REPORT Mary Russo, Director, Office V O I of Volunteer DATE: February 6, 2007 M B L D Services C E L E D II/ H C R A W PAGE: 1 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D I/ CITY COUNCIL BRIEFING: A VOLUNTEER ANNUAL REPORT Mary Russo, Director, Office of Volunteer Services II/ CITY MANAGER'S BRIEFINGS: A CONVENTION CENTER HOTEL — Unsolicited Ray Garfield, PPEA President, Garfield -Traub B CITY/NAVY MOU William Macali, Deputy City Attorney C VA AQUARIUM — Exhibit Gallery Renovation Charles Meyer, Chief Operating Officer D BUDGET EXECUTION REPORTS Deferred B Y C O N S E N S U S Convention and Visitor Development Museums City Attorney's Office III/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y NN/ VI/ VII -E F -I MINUTES — January 23, 2007 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H-1 PUBLIC HEARING: NO SPEAKERS VOTING PRECINCTS — Adding/Changing Boundary Lines Hillcrest North Landing Seatack I/J/K- Ordinance to AMEND§ 10-1 of City Code re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I adding two voting precincts (Hillcrest/North CONSENT Landing)/ moving one polling location (Seatack) CITY OF VIRGINIA BEACH Ordinances to AUTHORIZE encroachments APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y into portions of City's r -o -w: CONDITIONED, BY CONSENT V O 1 MICHAEL T./PATRICIA B. DUNHAM, to DATE: February 6, 2007 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM #1 SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D 2/a Ordinances to AUTHORIZE encroachments APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y into portions of City's r -o -w: CONDITIONED, BY CONSENT MICHAEL T./PATRICIA B. DUNHAM, to construct/maintain retaining wall/2 piers at 2078 Tazewell Road (Lynnhaven Promenade) (DISTRICT 4 — BAYSIDE) b LAPLAYA INVESTMENT ASSOC to APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y maintain existing sidewalks/landing/steps/ CONDITIONED, irrigation/landscaping on the Boardwalk at 3209 BY CONSENT Atlantic Avenue (33rd Street/Ocean Avenue) (DISTRICT 6 — BEACH) 3 Ordinance to AUTHORIZE City -State ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y. Agreement with VDOT re Birdneck Road BY CONSENT Phase II 4 Resolution to AUTHORIZE recertification of ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Certified Crime Prevention Community BY CONSENT Program in behalf of Virginia Beach Police Department 5 Resolution appointing Roderick R. ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ingram/Rebecca D. Kubin as Deputy City CONSENT Attorneys 6/a Ordinances to ACCEPT/APPROPRIATE: ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y $33,000 from U.S. Criminal Justice TRANSFER $11,000 from DEA Seized Property Special Revenue Fund Police re Forensic Services Unit b $25,000 from Albermarle Pamlico National APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Estuarine Program to Planning re restoration of SUBJECT TO Riparian Buffers at Red Mill Elementary School STAFF DISTRICT 5 — LYNNHAVEN PROVIDING COST ESTIMATES PERIOR TO COMMENCE- MENT OF ANY PROJECTS CITY OF VIRGINIA BEACH $175,000 from Va Dept of APPROVED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Conservation/Recreation re water quality SUBJECT TO enhancement projects in Back Bay/Little STAFF V O I Creek/Elizabeth/Lynnhaven/North Landing PROVIDING DATE: February 6, 2007 M B L D COST C E L E D H ESTIMATES C R A W PAGE: 3 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V 0 O H L R Y S N F N A N D c $175,000 from Va Dept of APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Conservation/Recreation re water quality SUBJECT TO enhancement projects in Back Bay/Little STAFF Creek/Elizabeth/Lynnhaven/North Landing PROVIDING Rivers Watersheds COST ESTIMATES PERIOR TO COMMENCE- MENT OF ANY PROJECTS L APPOINTMENTS INVESTMENT PARTNERSHIP ADVISORY RESCHEDULED B Y C 0 N S E N S U S COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE REMOVED B Y C 0 N S E N S U S FROM AGENDA COMMUNITY SERVICES BOARD — CSB John T. McGrann 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed Unexpired thru 12/31/09 HAMPTON ROADS ECONOMIC Page Lea 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE Appointed 1 Yr. 1/1/07— 12/31/07 HEALTH SEANCES ADVISORY BOARD Kathryn Hill Appointed 3 Yrs. 4/l/07-3/31/10 HUMAN RIGHTS COMMISSION Deborah 11-0 Y Y Y Y Y Y Y Y Y Y Y "Debbie" Dunford Appointed Unexpired thru 3/31/07 PLUS 3 yrs. 4/1/07 — 3/31/10 M/N ADJOURNMENT 6:53 PM PUBLIC COMMENTS 3 SPEAKERS Non -Agenda Items CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I DATE: February 6, 2007 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D TOWN HALL MEETINGS June 19 Location To Be Announced — 7:15 pm September 18 Location To Be Announced — 7:15 pm November 20 Location To Be Announced — 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Tallwood High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m.