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DECEMBER 11, 2007 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY 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 ROBERT M. DYER„ Centerville - District 1 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 X SPORE CITY ATTORNEY - LESLIE L. LILLEY C17T CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 11 DECEMBER 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE. -(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 1:30 PM A. MINORITY BUSINESS COUNCIL — Annual Report Prescott Sherrod, Chair 11 11. CITY MANAGER'S BRIEFING A. PARKS AND RECREATION STRATEGIC PLANNING PROCESS — Status Report Cindy Curtis, Director 11111. CITY COUNCIL COMMENTS II IV. REVIEW OF AGENDA 11 V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Father Edward Richardson Retired Chaplain, SMA - Council Chamber - 6:00 PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 4, 2007 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. DOLPHIN'S PROMISE Cindy Graff, President Colonel Fred W. Greene, III, USA, Ret'd., Board Member I. PUBLIC HEARINGS 1. NORFOLK SOUTHERN RAILROAD Acquisition of Right -of -Way Newtown Road to Birdneck Road 2. INDIAN RIVER ROAD Project — Phase VII Acquisition of Easements Lynnhaven Parkway to Elbow Road 3. INSTALLMENT PURCHASE AGREEMENTS Acquisition of Agricultural Land Preservation (ARP) Easements: a. 3521 Robinson Road b. 3501 Baum Road 4. FY 2008 CAPITAL BUDGET — AMEND APPROPRIATION ORDINANCE $4,139,100 COPS Interoperable Communications Technology Grant — Phase II J. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition, by agreement or condemnation, a portion of City property for public transportation, linear park, multi -use trail, public utilities, parking and other public purposes of the abandoned Norfolk Southern Railroad right-of-way from Newtown Road to Birdneck Road; the acquisition of temporary and permanent easements; and, AUTHORIZE the City Manager to EXECUTE all documents pertaining thereto. 2. Ordinance to AUTHORIZE the acquisition, by agreement or condemnation, a portion of City property for rights-of-way for the Indian River Road Phase VII project; the acquisition of temporary and permanent easements; and, AUTHORIZE the City Manager to EXECUTE all documents pertaining thereto. DISTRICT 1 — CENTERVILLE 3. Ordinances to AUTHORIZE the City Manager to EXECUTE Installment Purchase Agreements re Agricultural Land Preservation Easements (ARP): DISTRICT 7 — PRINCESS ANNE a. David L. and Teresa L. Winfree at 3521 Robinson Road b. Barry D. and Paula W. Knight at 3501 Baum Road 4. Ordinance to AMEND § § 24-465 to 24-468 of the City Code and ADD § § 24-469 to 24-477 re creating the Office of the City Auditor (City Council Appointee) and abolishing the Department of Audit Services. 5. Ordinance to AUTHORIZE the acceptance of a property dedication in fee simple on North Palm Avenue from SHOREHAVEN ASSOCIATES, L.L.C., re the Thalia Creek Greenway. DISTRICT 5 — LYNNHAVEN 6. Ordinances to AUTHORIZE temporary encroachments into portions of City rights-of-way: a. TOWN CENTER ASSOCIATES 7, L.L.C., at Commerce and Market Streets re the maintenance of the existing canopy and porte-cochere with signs DISTRICT 4 — BAYSIDE b. EARL L. and MARO A. ROYER at 1460 Watersedge Drive re the maintenance of existing brick columns, electrical conduits, brick column mailbox and the construction and maintenance of six (6) additional brick columns DISTRICT 5 — LYNNHAVEN 7. Ordinance re the Community Oriented Policing Services (COPS) Interoperable Communications Grant re funding regional communication equipment and installation: a. CREATE the COPS Interoperable Communications Technology Grant — Phase II Capital Improvement Project b. ACCEPT and APPROPRIATE $3,000,000 from the U.S. Department of Justice, with revenue from the federal government increased accordingly C. APPROPRIATE $300,000 from the City of Norfolk, $300,000 from the City of Hampton and $200,000 from the City of Portsmouth, with revenue from the local governments increased accordingly 8. Ordinance re Operation Smile Headquarters and Tidewater Community College expansion: a. RENAME the Tidewater Community College expansion project to the Tidewater Community College Expansion/Operation Smile Headquarters project b. TRANSFER $3,500,000 from Various Site Acquisitions project to Tidewater Community College Expansion/Operation Smile Headquarters project C. AUTHORIZE the City Manager to EXECUTE the Term Sheet with Operation Smile L. PLANNING 1. Applications for Enlargements ONonconforminQ Use: a. CORY LANGLEY expansion to an existing single-family dwelling and duplex at 8006 and 8008 Atlantic Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL b. NANCY RICHARDSON expansion to an existing duplex at 7212 Atlantic Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 2. Applications of SOUTHEAST MARINE GROUP, LLC, re dry storage for boats and trailers, a restaurant, pool and recreational area at 2272 Old Pungo Ferry Road: DISTRICT 7 — PRINCESS ANNE a. Variance to §5B of the Site Plan Ordinance, Floodplain Regulations and to the Southern Watersheds Management Ordinance to allow fill re the proposed encroachments b. Modification of Conditions on a Conditional Use Permit approved April 11, 1966, to add certain facilities, parking and landscaping DEFERRED NOVEMBER 27, 2007 RECOMMENDATION APPROVAL 3. Applications for Modifications of Conditions: a. BROWN BUILDING CORPORATION on a Conditional Use Permit approved July 10, 2007, re the addition of a porte-cochere covered drop-off area at 4847 Dolton Drive DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL b. DELAWARE CORPORATION on a Conditional Use Permit approved May 23, 2006, re the addition of an apartment for a fulltime manager and to allow recreational vehicles during construction at London Bridge Road and Harpers Road DISTRICT 6 — BEACH RECOMMENDATION APPROVAL C. WAWA, INC. on a Conditional Use Permit approved November 26, 2002, re the addition of a drive -up food service and an outdoor trash receptacle at 2954 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Applications for Conditional Use Permits: a. WELLINGTON FARM, L.L. C., re boarding and training of horses at 3125 Hungarian Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL b. OCEANA CHURCH OF CHRIST re a church at 3073 Indian River Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL C. WILLIE DONALD MARTIN, JR., re an auto repair garage at 1128 Barrs Road. DISTRICT 4 — BAYSIDE STAFF RECOMMENDATION RECOMMENDATION INDEFINITE DEFERRAL APPROVAL 5. Applications of SYKES REAL PROPERTIES, L.L.C., at Birdneck Road and Beautiful Street: DISTRICT 6 — BEACH. a. Chan e of Zoning District Classification from R-10 Residential District to Conditional I-1 Light Industrial District b. Conditional Use Permit re a bulk storage yard RECOMMENDATION APPROVAL 6. Application of ANWARUL ISLAM and SHAHANA ISLAM for a Change ofZoninQ District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District re development of two-story retail and office building, parking and landscaping at 1308 and 1314 Kempsville Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL M. APPOINTMENTS COMMUNITY SERVICES BOARD RESORT ADVISORY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL'S SCHEDULE 2008 January 8 Briefing, Informal, Formal, Planning, Open Dialogue January 22 Briefing, Informal, Formal, Planning February 19 Location to be Announced — 7:15 pm Stormwater Plans and Funding If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 12/04/2007mb www.vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 1:30 PM A. MINORITY BUSINESS COUNCIL — Annual Report Prescott Sherrod, Chair II. CITY MANAGER'S BRIEFING A. PARKS AND RECREATION STRATEGIC PLANNING PROCESS — Status Report Cindy Curtis, Director V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Father Edward Richardson Retired Chaplain, SMA 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 December 4, 2007 'Z = s NS Cp SUR NP��O arsolutI460tt 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. MAYOR'S PRESENTATION 1. DOLPHIN'S PROMISE Cindy Graff, President Colonel Fred W. Greene, III, USA, Ret'd., Board Member WA ups Nod About the Project Welcome to A ' I Our dolphins, our city, our promise I>i�li}lllll`:� F'l i}1111:�C A Dolphin's Promise is a non-profit organization working in partnership with the city of Virginia Beach. Our goal is to bring hundreds of life size sculptures of dolphins to the shores and neighborhoods of our beautiful city. This is a project with a very important purpose; to raise one million dollars for cancer research and to help save and protect marine life. Ninety percent of all money raised will go to the Lance Armstrong Foundation with the remaining ten percent going to theVirginia Aquarium Stranding Response Program. Each uniquely decorated dolphin will serve as our city's promise to do all we can to help fight cancer. Private Citizens, groups, organizations, and corporations can all get involved in this exciting project. There are many levels of sponsorship, each with its own benefits and rewards. We encourage everyone to be involved in this "one of a kind" project. All funds will be handled by the Virginia Beach Foundation. We are proud to have them as one of our partners in this project. A Dolphin's Promise is led by a committed group ofvolunteers from many walks of life, together they share the common purpose of one day living in a world free of cancer. Come together, walk, ride and feel the healing powers of A Dolphin's Promise. Remember every dolphin you see represents our promise as a city and its people, to raise $1,000,000 to help find a cure for cancer. Join us in our quest to fulfill our promise. Together we can make it happen. OUR DOLPHIN'S, OUR CITY, OUR PROMISE. Join us, _oecr_ue a sponsor tc da ,, feel the power of giving. IT WILL CHANGE YOUR LIFE. .,y I. PUBLIC HEARINGS 1. NORFOLK SOUTHERN RAILROAD Acquisition of Right -of -Way Newtown Road to Birdneck Road 2. INDIAN RIVER ROAD Project — Phase VII Acquisition of Easements Lynnhaven Parkway to Elbow Road 3. INSTALLMENT PURCHASE AGREEMENTS Acquisition of Agricultural Land Preservation (ARP) Easements: a. 3521 Robinson Road b. 3501 Baum Road 4. FY 2008 CAPITAL BUDGET — AMEND APPROPRIATION ORDINANCE $4,139,100 COPS Interoperable Communications Technology Grant — Phase II NOTICE OF PUBLIC . HEARING ACQUISITION BY CONDEMNATION OR OTHER MEANS The Virginia Beach City Council will hold a PU13UC HEARING on the proposed authorization to acquire by condemnation or other means the 10.58 miles of abandoned Norfolk Southem railroad right of way from Newtown Road on the west to Birdneck Road on the east (the "Property"), on Tuesday, December 11, 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 Property is to be acquired for public purposes, including but not limited to future transportation use and/or a linear recreational park. The purpose of this Hearing will be to obtair public input to determine whether the Property should be acquired by condemnation or other means. 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 Smith, MMC City Clerk Beacon Dec. 2, 2007 17995818 i1.,,� OL'f• AAs -'x.1"6 PUBLIC HEARING ACQUISITION, BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition. by agreement or :;ondemnation. of property and easements necessary for the Indian River Road Phase VII Project (CIP #2-256), Tuesday, December 11, 2007 at 6:00 p.m., in the Council Chamber of the City Hall Bui;ding (Building 41) at the Virginia Beach Municipal Center, Virginia Beach. Virginia. The plans for the project are entitled: "C!P 2-256 INDIAN RIVER ROAD - PHASE VII" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. ,,,t purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. you are physically disabled or visually impaired and need assistance at this meeting, pie�.se call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this hearing should r_e Directed to the Office Real Estate. Building #2, Poon. 792, at The Virinia Beach Muric pal Center, 7571 ?85-4161. Ruth Hodges Fraser, NIMC City Clerk F e e her 2. `00 1.r. ,1 `. NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN 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 with respect to the execution and delivery of Installment Purchase Agreements for the acquisition of agricultural land preservation easements with respect to land located at 3521 Robinson Road and at 3501 Baum Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance 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) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easements will be purchased pursuant to Installment Purchase Agreements for an estimated maximum purchase price of $2,096,038. The City's obligation to pay the purchase price under the Installment Purchase Agreements 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 purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on December 11, 2007, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA By: Ruth Hodges Fraser, MMC Title: City Clerk Beacon Nov. 25 & Dec. 2, 2007 17 960697 NOTICE OF PUBLIC HEARING Amendment of FY 2008 Capital Budget Appropriation Ordinance: Appropriation of $4,139,100 for COPS Interoperable Communications Technology Grant - Phase 11 On December 11, 2007, the Council of the City of Virginia Beach, Virginia will hold a public hearing on an amendment to the FY 2008 Capital Budget. The proposed supplementa appropriation of $4,139,100 for COPS Interoperable Communications Technology Grant - Phase II !CIP #3-124) is for enhancements to the 700MHz regional communicatior. Network and the distribution of radios. The additional costs will be funded through an appropriation from the fund balance in the E-911 Communications Special Revenue Fund The public hearing will be conducted at 6:00 p.m. in Counc. Chamber on the second floor of the City Hall Building Municipal Center, Virginia Beach, Virginia. A copy of the proposed amendment shall be available in the City Clerk': office for review. Individuals desiring to provide writter comments may do so by contacting the City Clerk's office at. 385-4303. If you are physically disabled or visually impairea and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser. MMC. City Clerk Beacon Dec. 2, 2007 18007603 CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition, by agreement or condemnation, a portion of City property for public transportation, linear park, multi -use trail, public utilities, parking and other public purposes of the abandoned Norfolk Southern Railroad right-of-way from Newtown Road to Birdneck Road; the acquisition of temporary and permanent easements; and, AUTHORIZE the City Manager to EXECUTE all documents pertaining thereto. 2. Ordinance to AUTHORIZE the acquisition, by agreement or condemnation, a portion of City property for rights-of-way for the Indian River Road Phase VII project; the acquisition of temporary and permanent easements; and, AUTHORIZE the City Manager to EXECUTE all documents pertaining thereto. DISTRICT 1— CENTERVILLE 3. Ordinances to AUTHORIZE the City Manager to EXECUTE Installment Purchase Agreements re Agricultural Land Preservation Easements (ARP): DISTRICT 7 — PRINCESS ANNE a. David L. and Teresa L. Winfree at 3521 Robinson Road b. Barry D. and Paula W. Knight at 3501 Baum Road 4. Ordinance to AMEND § § 24-465 to 24-468 of the City Code and ADD § § 24-469 to 24-477 re creating the Office of the City Auditor (City Council Appointee) and abolishing the Department of Audit Services. 5. Ordinance to AUTHORIZE the acceptance of a property dedication in fee simple on North Palm Avenue from SHOREHAVEN ASSOCIATES, L.L.C., re the Thalia Creek Greenway. DISTRICT 5 — LYNNHAVEN 6. Ordinances to AUTHORIZE temporary encroachments into portions of City rights-of-way: a. TOWN CENTER ASSOCIATES 7, L.L.C., at Commerce and Market Streets re the maintenance of the existing canopy and porte-cochere with signs DISTRICT 4 — BAYSIDE b. EARL L. and MARO A. ROYER at 1460 Watersedge Drive re the maintenance of existing brick columns, electrical conduits, brick column mailbox and the construction and maintenance of six (6) additional brick columns DISTRICT 5 — LYNNHAVEN 7. Ordinance re the Community Oriented Policing Services (COPS) Interoperable Communications Grant re funding regional communication equipment and installation: a. CREATE the COPS Interoperable Communications Technology Grant — Phase II Capital Improvement Project b. ACCEPT and APPROPRIATE $3,000,000 from the U.S. Department of Justice, with revenue from the federal government increased accordingly C. APPROPRIATE $300,000 from the City of Norfolk, $300,000 from the City of Hampton and $200,000 from the City of Portsmouth, with revenue from the local governments increased accordingly 8. Ordinance re Operation Smile Headquarters and Tidewater Community College expansion: a. RENAME the Tidewater Community College expansion project to the Tidewater Community College Expansion/Operation Smile Headquarters project b. TRANSFER $3,500,000 from Various Site Acquisitions project to Tidewater Community College Expansion/Operation Smile Headquarters project C. AUTHORIZE the City Manager to EXECUTE the Term Sheet with Operation Smile c• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for public purposes, including, without limitation, future transportation, linear recreational park, multi -use trail, public utilities, parking and/or other future public purposes of approximately 10.58 miles of abandoned railroad right- of-way from Newtown Road to Birdneck Road in the City of Virginia Beach, the acquisition of the property to be either by agreement or by condemnation. MEETING DATE: December 11, 2007 Background: In 2003 Norfolk Southern Corporation announced that it would be abandoning approximately 10.58 miles (estimated 55,824 linear feet) of its railroad right-of-way from Newtown Road to Birdneck Road in the City of Virginia Beach. In 2003, City Council approved an ordinance authorizing a non-binding Memorandum of Understanding between Hampton Roads Transit (HRT) and the City of Virginia Beach relating to the negotiation process to acquire the right-of-way from Norfolk Southern. The negotiations through HRT were unsuccessful, and the City has been in negotiations with Norfolk Southern periodically since 2005. Considerations: The railroad extends from the Norfolk/Virginia Beach city line at Newtown Road (on the west) to Birdneck Road (on the east), where the City has already purchased a one -mile segment of abandoned right-of- way extending from Birdneck Road to Pacific Avenue for a multi -use trail. There are several public uses for the abandoned railroad right-of-way, including but not limited to public transportation and/or recreation, linear park, multi -use trail, public utilities, parking and other future public purposes. The right-of-way is approximately 66 feet wide along most of its length, but it varies in several locations from 45 feet wide to 160 feet wide. The line is encumbered with above -ground and below -ground public utilities. The City of Virginia Beach must maintain all options for improving public transportation. Portions of the line lie immediately adjacent to Southern Boulevard, 1-264, Bonney Road, Virginia Beach Boulevard, and other public rights of way and could be used for road widening and improvements or to relocate utilities in addition to the other public uses described herein. Public Information: Advertisement of City Council Agenda and advertisement of public hearing in the Virginian -Pilot's Virginia Beach Beacon Alternatives: Do not authorize acquisition by agreement or condemnation. Recommendations: Approve Ordinance .to acquire property by acquisition or, if necessary, by condemnation Attachments: Ordinance, Site Map Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works' CCk QRD City Manage lL ` 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR PUBLIC TRANSPORTATION, LINEAR 4 PARK, MULTI -USE TRAIL, PUBLIC UTILITIES, 5 PARKING AND/OR OTHER FUTURE PUBLIC 6 PURPOSES OF APPROXIMATELY 10.58 MILES 7 OF ABANDONED NORFOLK SOUTHERN 8 RAILROAD RIGHT OF WAY FROM NEWTOWN 9 ROAD TO BIRDNECK ROAD IN THE CITY OF 10 VIRGINIA BEACH, THE ACQUISITION OF THE 11 PROPERTY TO BE EITHER BY AGREEMENT 12 OR BY CONDEMNATION. 13 14 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 15 public necessity exists for acquisition of this abandoned railroad right-of-way for public 16 transportation, linear park, multi -use trail, public utilities, parking and/or other public 17 purposes to improve transportation within the City and for other related public purposes 18 for the preservation of the safety, health, peace, good order, comfort, convenience, and 19 for the welfare of the people in the City of Virginia Beach. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 Section 1. That the City Council authorizes the acquisition by purchase or 25 condemnation pursuant to Sections 1-219.1; 15.2-1901, et seq., Sections 33.1-91, et 26 seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real 27 property in fee simple (the "Property"), being described as all of that certain real 28 property and improvements thereon, now or formerly owned by Norfolk Southern 29 Corporation, constituting the length of the rail line abandoned in the City of Virginia 30 Beach, Virginia, identified in the abandonment proceedings filed with the Surface 31 Transportation Board as Case No.: AB -290-293-X and extending from the 32 Norfolk/Virginia Beach City Line at Newtown Road on the west to the terminus of the 33 abandoned rail line at Birdneck Road on the east. The Property is also described as 34 approximately station 256+19 eastward to approximate station 815+07 in the centerline 35 of what is shown on the Railroad Right of Way and Track Map as Seatack Road. 36 37 Section 2. That the City Manager is hereby authorized to make or cause to be 38 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 39 reasonable offer to the owners or persons having an interest in said Property. If 40 refused, the City Attorney is hereby authorized and directed to institute proceedings to 41 condemn said Property. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 2007. CA10540 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\W pdocs\D026\P002\00044267. DOC PREPARED: 11/26/07 APPROVED AS TO CONTENT: BLIC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM: -Z4/Z&j -"If I CITY ATTORNEY MI iy1,�8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for the Indian River Road Phase VII Project (CIP 2-256) and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: December 11, 2007 ■ Background: The Indian River Road Phase VII Project (the "Project") is an Urban Construction Initiative (formerly First Cities) project. The purpose of this Project is to construct a newly aligned four -lane divided roadway from Lynnhaven Parkway to Elbow Road relocated. The recommended alignment from the Corridor Study was adopted by City Council (March 2000) and the Commonwealth Transportation Board. This Project complements and enhances the recently completed Elbow Road Project IIA (CIP 2-065) and the programmed project Elbow Road II (CIP 2-152), which will complete the four -lane highway from Indian River Road to New Castle Elementary School. ■ Considerations: The proposed roadway is in accordance with the Master Transportation Plan, and the Project will address the traffic congestion and safety issues of the existing roadway and the surrounding developments. The new four -lane divided roadway will be constructed on an established corridor and will include multi -use paths for the safety of pedestrians and cyclists. The use of soundwalls, berms and an increased landscaping buffer area have been incorporated to address the issue of increased noise from the traffic. ■ Public Information: Advertising for a public hearing as required by law and advertisement of City Council Agenda. A Design Public Hearing was held on January 13, 2005, to update citizens on the traffic and environmental studies and to receive comments on the major design features of the roadway. There were approximately 152 citizens in attendance. A total of 15 written and oral comments were received. Of those who responded, a majority were in favor of the project. A variety of concerns were expressed. The concerns most mentioned were the increased traffic and 45 mph speed limits adjacent to neighborhoods. The 45 mph speed limit is appropriate for the four -lane major arterial. ■ Alternatives: Approve the ordinance as presented or deny the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with this Project. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements associated with the Project. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate Ak- ?NP City Manager: V 'blot 8 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR INDIAN RIVER ROAD PHASE VII PROJECT (CIP 4 2-256) AND THE ACQUISITION OF TEMPORARY 5 AND PERMANENT EASEMENTS, EITHER BY 6 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to improve transportation 12 within the City and for other related public purposes for the preservation of the safety, health, 13 peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia 14 Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 20 pursuant to Sections 15.2-1901, et seg., Sections 33.1-91, et seg., and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary 22 and permanent easements and entire tracts upon which such rights-ofway or easements shall be 23 located, within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as 24 amended (the "Property"), as shown on the plans entitled "CIP 2-256 INDIAN RIVER ROAD - 25 PHASE VII," (the "Project") and more specifically described on the acquisition plats forthe Project 26 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 27 Division, Department of Public Works, City of Virginia Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be made on 31 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to 32 the owners or persons having an interest in said Property. If refused, the City Attorney is hereby 33 authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2007. CA10161 R-1 V:\applications\citylawprod\cycom32\ Wpdocs\D004\P001 \00030986.DOC PREPARED: 11/30/2007 APPROVED AS TO CONTENT SIGNATURE �- APPROVED AS TO LEGAL SUFFICIENCY AND FORM -�ql CITY ATTO� X:\Projects\CIP\Indian River Rd. VII 2-256\Council Package\Revised Public Hearing Package\00030986.DOC �a 5 xj'G } 1-7 T i �.f 3M!� nW Y ■_ r �� 1 Rn ro� $ ...-� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $1,201,743.00 (Property of David L. and Teresa L. Winfree) MEETING DATE: December 11, 2007 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon 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 by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of three (3) parcels of land having approximately 85.23 acres outside of marshland or swampland. It is owned by David L. and Teresa L. Winfree. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, none of which would be reserved for future development as a 3 -acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located at 3521 Robinson Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,201,743.00. This price is the equivalent of approximately $14,100.00 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.207% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.207% 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: V-, 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $1,201,743.00 (Property of David L. and Teresa L. Winfree). 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of the material terms of which is hereto attached, and a true copy of 14 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 15 (as defined in the Installment Purchase Agreement) on certain property located in the City 16 and more fully described in Exhibit B of the Installment Purchase Agreement for a 17 purchase price of $1,201,743.00; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 4.207% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 6.207% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 0 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2007. CA -10539 V:\applications\citylawprod\cycom32\Wpdocs\D019\P002\00043961. DOC R-1 DATE: November 19, 2007 D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Agricultur epartment City Attorne 's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ,x Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2007-81 SUMMARY OF MATERIAL TERMS SELLER: WINFREE, David L. and Teresa L. PROPERTY LOCATION: 3521 Robinson Road, Princess Anne District PURCHASE PRICE: $1,201,743.00 EASEMENT AREA: 85.23 acres, more or less DEVELOPMENT POTENTIAL: 3 single-family dwelling sites DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.207% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.207% 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. City of Chesapeake CD w y (D ((D 5' ¢' (D � f�DCD CDID n • N O t S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $881,870 (Property of Barry D. and Paula W. Knight) MEETING DATE: December 11, 2007 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eleven (11) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 146.95 acres outside of marshland or swampland. It is owned by Barry D. and Paula W. Knight. Under current development regulations, there is a total development potential of fourteen (14) single-family dwelling building sites, two of which would be reserved for future development as 3 -acre building sites. 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 Knights are also reserving a strip of land approximately 30' wide along the western boundary of the property to establish a right-of-way from Baum Road to their property lying in the City of Chesapeake. The right-of-way encompasses approximately 1.75 acres. The purchase price reflects the reduction of the value of the right-of-way. The proposed purchase price for the remaining 145.2 acres, as stated in the ordinance, is $881,870. This price is the equivalent of approximately $6,073 per acre of easement acquired. The site, which is shown on the attached Location Map, is located at 3501 Baum Road, in the District of Princess Anne. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.0300% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.0300% 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. � V-, 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $881,870. (PROPERTY OF BARRY D. AND PAULA W. 7 KNIGHT) 8 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of the material terms of which is hereto attached, and a true copy of 15 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 16 (as defined in the Installment Purchase Agreement) on certain property located in the City 17 and more fully described in Exhibit B of the Installment Purchase Agreement for a 18 purchase price of $881,870; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.0300% per annum 37 or the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.0300% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 46 3. The City Council hereby expressly approves the Installment Purchase 47 Agreement and, subject to the determination of the City Attorney that there are no defects 48 in title to the property or other restrictions or encumbrances thereon which may, in the 49 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 50 Manager or his designee to execute and deliver the Installment Purchase Agreement in 51 substantially the same form and substance as approved hereby with such minor 52 modifications, insertions, completions or omissions which do not materially alter the 53 purchase price or manner of payment, as the City Manager or his designee shall approve. 54 The City Council further directs the City Clerk to affix the seal of the City to, and attest 55 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 56 incurrence of the indebtedness represented by the issuance and delivery of the Installment 57 Purchase Agreement. 58 59 4. The City Council hereby elects to issue the indebtedness under the Charter 60 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 61 the indebtedness a contractual obligation bearing the full faith and credit of the City. 62 63 Adoption requires an affirmative vote of a majority of all members of the City 64 Council. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 67 , 2007. CA10538 V:\applications\citylawprod�gcom32\W pdocs1D0141P002\00043764. DOC R-1 DATE: November 27, 2007 APPROVED AS TO CONTENT: Agricult Departmeht APPROVED AS TO LEGAL SUFFICIENCY: ky4"- &J City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: 1 D ri ector of Finance I% AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2007-83 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, Barry D. and Paula W. PROPERTY LOCATION: 3501 Baum Road, Princess Anne District PURCHASE PRICE: $881,870 EASEMENT AREA: 145.2 acres, more or less DEVELOPMENT POTENTIAL: 14 single-family dwelling sites (12 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.0300% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.0300% 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. m a 7 to tf1 C CD m c m N A a V M.MMMffo7l�%llilMM Ki AJ 111M� Di Ni o MM ano, NOOM =� r cr- c � 70 _y t C -.— O rivolit _ Mmr, y `C 0 Q. 0- ?���I N CD 03 Z -4a am mp Z ID C4r-0a L rn 0 > I� N u N C.) on 0 H C o• �. n Q o � CD C- M.MMMffo7l�%llilMM Ki AJ 111M� Di Ni o MM ano, HONEYB =� --niLps cr- c � 70 _y t C -.— rivolit _ Mmr, ff a. = 0- ?���I ❑ Z -4a am mp Z .� C4r-0a L rn 0 > I� > �z u D D LM AVN as I"- MM ano, HONEYB =� --niLps cr- c � 70 _y t C -.— rivolit as I"- MM ano, M cialml --niLps 70 0 LE. -S C -.— as I"- I= - Mwe cialml IN rivolit ON sign cialml IN Midi ��1■j9JWJIVtc7_ '�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acceptance of a dedication of 8,400 square feet of property, identified as GPIN 1477-84-3310, located on the west side of North Palm Avenue in Virginia Beach, in fee simple from Shorehaven Associates, L.L.C. MEETING DATE: December 11, 2007 ■ Background: In July 2007, the City's Department of Parks and Recreation received an offer of dedication from Mr. Wayne Beagle, a Manager of Shorehaven Associates, L.L.C., ("Shorehaven") for 8,400 square feet of property, identified as GPIN 1477-84-3310, located on the west side of North Palm Avenue in the planned Thalia Creek Greenway (the "Property"). Shorehaven acquired the property as part of a larger parcel of land in 1999. It subdivided the larger parcel but did not include the subject property in the subdivision. The subject property is located in the flood plain and is subject to CBPA regulations. There is a ditch located on the subject property that flows across the property adjoining the rear of the subject property to Thalia Creek. The ditch crossing the property to the rear was dedicated to the City as a drainage easement. Additionally, North Palm Avenue located along the front of the subject property is unimproved. ■ Considerations: Shorehaven proposes to dedicate the subject property to the City. The property is suitable for future use in connection with the Thalia Creek Greenway trail system. There would not be any cost for the land; however the City would obtain title insurance to be paid from CIP 4-004 Open Space Program Site Acquisition. No appraisal was performed, but the site is assessed for $1,000. All taxes are paid up to date. Although the site is zoned R -5D (residential duplex), it is located in the flood plain and is subject to CBPA regulations. Additionally, the site will abut the expanded pump station site located to the north of the subject property. ■ Public Information: The planned Thalia Creek Greenway and the proposed real estate dedication have been discussed at several of the Council -appointed Open Space Subcommittee public meetings. In addition, the real estate dedication will be advertised through the official process associated with public notification of the City Council meeting agenda. ■ Alternatives: Accept or decline the proposed dedication. ■ Recommendations: Authorize the City Manager to execute appropriate documents to accept the subject real estate dedication from Shorehaven Associates, L.L.C. ■ Attachments: Ordinance accepting real estate dedication and maps of the subject site. Recommended Action: Approval Submitting Department/Agency: Department of Parks and City Manager:<;(J*V,-Q-S k , �w-fL Recreation 1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE 2 OF A DEDICATION OF 8,400 SQUARE FEET OF 3 PROPERTY, IDENTIFIED AS GPIN 1477-84-3310, 4 LOCATED ON THE WEST SIDE OF NORTH PALM 5 AVENUE IN VIRGINIA BEACH, IN FEE SIMPLE FROM 6 SHOREHAVEN ASSOCIATES, L.L.C. 7 8 WHEREAS, Shorehaven Associates, L.L.C. ("Shorehaven") owns 8,400 square feet 9 of property, identified as GPIN 1477-84-3310, located on the west side of North Palm 10 Avenue in the planned Thalia Creek Greenway (the "Property"); 11 12 WHEREAS, Shorehaven has offered to dedicate the 8,400 square feet to the City of 13 Virginia Beach; 14 15 WHEREAS, the Department of Parks and Recreation has determined that the 16 Property is needed for public recreation purposes in connection with the planned Thalia 17 Creek Greenway trail project. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City Council authorizes the acceptance of the dedication of 23 the Property by Shorehaven Associates, L.L.C. to the City of Virginia Beach by Deed of 24 Dedication pursuant to section 15.2-1800, Code of Virginia of 1950, as amended. 25 26 2. That the City Manager or his designee is authorized to execute all 27 documents that may be necessary or appropriate in connection with accepting the 28 dedication of the Property, so long as such documents are acceptable to the City Manager 29 and the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 32 , 2007. CA -10543 V :\applications\citylawprod\cycom32\Wpdocs\D004\P002\00044854.DOC R-1 PREPARED: December 4, 2007 1 fcy4s GoG �ZC✓t— `"` DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTCffRNEY Ll r- __ P _1-777 -F-L7, M I Y s ■ C RN LOA f1CL' rA- ME L9 U a � J � U tl- O �co ECL J LLJ 0 0 QLjj V . � o d J J Z oc zz O O WCO_ti � N F Q4w (� Ql N— Vp Q LL, m x Q 7 Uw.C� U d C CD rn a z '' W 0 o Uui w c D ce Cl 4)uI ui 5 b 1 Cop ME L9 O tl- O d J J m N (� Ql U N U 0 O Cf) Q N (ll Q 7 d C CD rn a = 0 o Uui w c 4)uI m� iJ J Cop a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of City rights- of-way known as Commerce Street and Market Street, for the adjacent property owner, Town Center Associates 7, L.L.C., a Virginia limited liability company. MEETING DATE: December 11, 2007 ■ Background: Town Center Associates 7, L.L.C., a Virginia limited liability company, has requested permission to maintain: (i) an existing canopy over a portion of the City right of way know as Market Street and (ii) an existing porte-cochere with two (2) signs on top the porte-cochere extending over into portions of City right-of-way known as Commerce Street, all adjacent to property owned by Town Center Associates 7, L.L.C., a Virginia limited liability company. The terms and conditions of the temporary encroachments, if approved, will be set forth in an agreement between Town Center Associates 7, L.L.C. and the City (the "Agreement"). ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ 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, Plat,Agreement, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate pir 1 City Manager: �� D. AC. 0 � 1 Requested by Department of Public Works 2 3 AN ORDINANCE. TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO PORTIONS OF CITY RIGHTS -OF - 6 WAY LOCATED AT COMMERCE 7 STREET AND MARKET STREET BY 8 TOWN CENTER ASSOCIATES 7, 9 L.L.C., A VIRGINIA LIMITED LIABILITY 10 COMPANY 11 12 WHEREAS, Town Center Associates 7, L.L.C., a Virginia limited liability 13 company, desires to maintain an existing canopy extending over Market Street, an 14 existing porte-cochere extending over Commerce Street and two (2) signs each on the 15 porte-cochere, in the City of Virginia Beach, Virginia. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's rights -o€ -way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Town Center Associates 7, 26 L.L.C., a Virginia limited liability company, its assigns and successors in title are 27 authorized to maintain (i) the existing canopy extending over Market Street in the City 28 right-of-way as shown on the map marked Exhibit "A-1" and entitled: "EXHIBIT A-1 29 PLAT SHOWING CANOPY ENCROACHMENT OVER MARKET STREET RIGHT -OF - 30 WAY," and (ii) the existing porte-cochere extending over Market Street, and two (2) 31 signs on top of the porte-cochere in City right-of-way as shown on the map marked 32 Exhibit "A-1" and entitled: "EXHIBIT A-2 PLAT SHOWING CANOPY AND SIGN 33 ENCROACHMENT OVER COMMERCE STREET RIGHT-OF-WAY" copies of which 34 are on file in the Department of Public Works and to which reference is made for a more 35 particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Town Center Associates 7, L.L.C., a Virginia limited liability 40 company, (the "Agreement"), which is attached hereto as Exhibit B and incorporated by 41 reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 44 is hereby authorized to execute the Agreement; and 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 46 time as Town Center Associates 7, L.L.C., a Virginia limited liability company, and the 47 City Manager or his authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2007. CA10541 PREPARED: 11/30/07 V:\applications\citylawprod\cycom32\ Wpdocs\D029\P003\00044641.DOC R-1 PROVED AS TO CONTENTS 0. w4vm&�' — P BLIC WORKS, REAL ESTATE .APPROVED AS T EG SUFFICIEN M CITY ATTORNEY COIL YN811S STREET (VAR/ABLE MON RA) �/NS7 ? N0. 20031222021J.Y24) (MB 199, PG 51) (Y8 198, PG 19) OVERHEAD VIEW SCALE: 1 " = 30' EXHIBIT A-/ �m a 2Mi-. vz0 vp 5 z a ao Nowa Z Q:ir 0 �'' z It ENVIRONMENTAL SCIENCES •GEOSCIENCES PLANNING • SURVEYING -ENGINEERING PLAT SHOWING •LANDSCAPE ARCHITECTURE CANOPY ENCROACHMENT FDATE: 33 ROUSE DRIVE, VIRGINIA BEACH, VA 23, OVER 7-490-9264 (OFC) 757-490-0634 (F� MARKET STREET RIGHT-OF-WAY www.msoonline.com NO.: 99161T DRAWN: KCR VIRGINIA BEACH VIRGINIA11-06-2007 SCALE:AS SHOWN R.O.W. 0.60' IN 2.50' L 0 60' 3.14' ENCROACHMENT FACE OF 2.50 ENCR. , 0.37 0.37' I o BU/LD/NG N CANOPY --- - 3.10' 3.10' �` CANOPY 2.50' 0.60' ENCR. \ o I z Lo O j N� CD C9 00 y WZ� S/OEI�YALK y �Z FACE OF BUILD/NG I CANOPY DETAIL NOT TO SCALE COIL YN811S STREET (VAR/ABLE MON RA) �/NS7 ? N0. 20031222021J.Y24) (MB 199, PG 51) (Y8 198, PG 19) OVERHEAD VIEW SCALE: 1 " = 30' EXHIBIT A-/ �m a 2Mi-. vz0 vp 5 z a ao Nowa Z Q:ir 0 �'' z It ENVIRONMENTAL SCIENCES •GEOSCIENCES PLANNING • SURVEYING -ENGINEERING PLAT SHOWING •LANDSCAPE ARCHITECTURE CANOPY ENCROACHMENT FDATE: 33 ROUSE DRIVE, VIRGINIA BEACH, VA 23, OVER 7-490-9264 (OFC) 757-490-0634 (F� MARKET STREET RIGHT-OF-WAY www.msoonline.com NO.: 99161T DRAWN: KCR VIRGINIA BEACH VIRGINIA11-06-2007 SCALE:AS SHOWN I���5'� CG1WYMCE STREET (VAR/ABLE ` A0711 RIW) FORMERL Y CLFkFLAND STREET (MB 5, PO 201) 87.68' R.O.W. SIGN in o z, o: SIGN N w Ln. PORTE "' z 9.18' N 0 N W M 20.26' -j oN a.o 1.53' 87.68' 18.22' ENCROACH- 11.53' N cno Z Q 0 7.32' 84.62' Zczn z ,��• MASONRY FACE OF COL UMN (T) -E RU/LD/NO R.O.W. PORTE a o� COCHERE SIGN 0z v 9.18' N •7.13' M 20.26' -j oN a.o 0 20.05' ENCROACH- MENT N cno Z Q 510EWAZK D tq OVERHEAD VIEW SCALE: 1 " = 30' t vv SIDE VIEW SCALE: 1 " = 20' 160.25' :87.68' cl 04 In j �; �•: =2.50 x3.00. ,.... SIGN`• :iN m N SIGN..•PORTE*...:..:.:...:.:.'• . Gr.--.-'COCHERE1 o CONCRETE COL UMN (TYP) 510EHIALK REV. 11-30-2007 KCR CITY COMMENTS EXHIBIT A-2 PLAT SHOWING PORTE COCHERE AND SIGN ENCROACHMENT OVER COMMERCE STREET RIGHT-OF-WAY VIRGINIA BEACH VIRGINIA FRONT VIEW SCALE: 1" = 20' -w r 0 PORTE COCHERE SHEET 1 OF 1 MSA, P.C_ ENVIRONMENTAL SCIENCES • GEOSCIENCES PLANNING • SURVEYING -ENGINEERING •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 2346: 757-490-9264 (OFC) 757-490-0634 (FAX) PROJ. NO.: 99161T DRAWN: KCR DATE: 11-06-2007 SCALE: AS SHOWN a o� M coco0 0� 0z v q � % O ui Z W \ 0 -j oN a.o m N WON N cno Z Q D tq Zczn z O c�k-' 25 ~ W :87.68' cl 04 In j �; �•: =2.50 x3.00. ,.... SIGN`• :iN m N SIGN..•PORTE*...:..:.:...:.:.'• . Gr.--.-'COCHERE1 o CONCRETE COL UMN (TYP) 510EHIALK REV. 11-30-2007 KCR CITY COMMENTS EXHIBIT A-2 PLAT SHOWING PORTE COCHERE AND SIGN ENCROACHMENT OVER COMMERCE STREET RIGHT-OF-WAY VIRGINIA BEACH VIRGINIA FRONT VIEW SCALE: 1" = 20' -w r 0 PORTE COCHERE SHEET 1 OF 1 MSA, P.C_ ENVIRONMENTAL SCIENCES • GEOSCIENCES PLANNING • SURVEYING -ENGINEERING •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 2346: 757-490-9264 (OFC) 757-490-0634 (FAX) PROJ. NO.: 99161T DRAWN: KCR DATE: 11-06-2007 SCALE: AS SHOWN PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this day of December, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "Grantor', "City'; and TOWN CENTER ASSOCIATES 7, L.L.C., a Virginia limited liability company ("TCA 7"), TCA BLOCK 7 HOTEL, L.L.C., a Virginia limited liability company ("TCA 7 Hotel"), TCA BLOCK 7 RESIDENTIAL, L.L.C., a Virginia limited liability company ("TCA 7 Residential"), TOWN CENTER CONDOMINIUM 7 OWNERS ASSOCIATION, INC., a Virginia corporation (the "Master Association"), and TOWN CENTER RESIDENTIAL CONDOMINIUM 7 OWNERS ASSOCIATION, INC., a Virginia corporation (the "Residential Association"), "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the TCA 7 is the owner of the "Parking Unit", TCA 7 Hotel is the owner of the "Hotel Unit", and TCA 7 Residential is the owner of the "Residential Unit", all created under that certain Declaration of Condominium of Town Center Condominium 7 dated June 1, 2006, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), as Instrument No. 20060620000928680 and related instruments, as amended by that certain First Amendment dated November 29, 2007, recorded in the Clerk's Office as Instrument No. 20071129001591250 (as same may be further amended from time to time, the "Master Condominium Instruments"), pursuant to which a condominium known as "Town Center GPIN: 1477-44-7510-1000 (Parking Unit) 1477-44-7510-3000 (Hotel Unit) 1477-44-7510-4000 (Residential Unit) (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) Condominium 7" and having an address of 4545 Commerce Street, Virginia Beach, Virginia, 23462 (the "Master Condominium") was created (collectively, the "Grantee Property"); WHEREAS, the Master Association is a condominium owner's association which has been formed to perform certain administrative and operational functions on behalf of the Master Condominium and which is empowered to execute agreements for services for the Master Condominium; WHEREAS, TCA 7 Residential has established within the Residential Unit a condominium regime pursuant to that certain Declaration of Condominium of Town Center Residential Condominium 7 dated November 21, 2007, recorded in the Clerk's Office as Instrument No. 20071129001591280 and related instruments (as same may be amended from time to time, the "Residential Condominium Instruments"); WHEREAS, the Master Association is a condominium owner's association which has been formed to perform certain administrative and operational functions on behalf of the Master Condominium and which is empowered to execute agreements for services for the Master Condominium; WHEREAS, the Residential Association is a condominium owner's association which has been formed to perform certain administrative and operational functions on behalf of the Residential Condominium and which is empowered to execute agreements for services for the Residential Condominium; WHEREAS, TCA 7 has constructed the condominium building (the "Building") that includes certain structures which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being the rights-of-way for Market Street and Commerce Street (all areas on which the Temporary Encroachments (as 2 defined below) exist shall be collectively referred to herein as the "Encroachment Area"), which encroachments consist solely of the following: 1. 1. a canopy encroachment (the "Canopy"), the location of which is on the Market Street side of the Building and more particularly shown as "CANOPY" on Exhibit A-1 attached hereto; 2. a porte-cochere encroachment (the "Porte-Cochere"), the location of which is on the Commerce Street side of the Building and more particularly shown as "PORTE-COCHERE" on Exhibit A-2 attached hereto; 3. a sign ("Sign 1"), the location of which is on top of the eastern end of the Porte-Cochere and more particularly shown as "2.50 X 3.0 SIGN" on Exhibit A-2 attached hereto; and 4. a sign ("Sign 2"), the location of which is on top of the western end of the Porte-Cochere and more particularly shown as "SIGN" on Exhibit A-2 attached hereto. The Porte-Cochere, the Canopy, Sign 1 and Sign 2 are collectively referred to herein as the "Temporary Encroachments". WHEREAS, Grantee desires, and the City has agreed to permit Grantee, to temporarily retain the Temporary Encroachments in their respective areas on the Encroachment Area subject to terms of this Agreement; 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 3 hereby grants to the Grantee, to the extent of their respective interests in the Temporary Encroachments, temporary permission to retain and use the Temporary Encroachments in their present "AS -IS" conditions and locations. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and Grantee, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal, to the extent of their respective interests in the Temporary Encroachments. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense, to the extent of their respective interests in the Temporary Encroachments. M It is further expressly understood and agreed that the Grantee, to the extent of their respective interests in the Temporary Encroachments, 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, arising out of the construction, location or existence of the Temporary Encroachments. 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 the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same locations and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Area. G It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. 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 for the Temporary Encroachments, 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 covering the Temporary Encroachments. 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 such insurance policies. The Grantee, to the extent of their respective interests in the Temporary Encroachments, assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 2 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 Encroachments 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 Encroachments 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 Encroachments; 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 Encroachments are 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. The Master Association and the Residential Association execute this Agreement for the purposes of acknowledging its requirements and, to the extent they have, or either of them has or may have, any obligations hereunder pursuant to the Master Condominium Instruments or the Residential Condominium Instruments, accepting responsibility for same. 7 The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Parking Unit, the Hotel Unit and/or the Residential Unit (each, a "Unit"), the rights and obligations of the owner(s) of a Unit hereunder shall transfer automatically to the transferee of such Unit, and the transferor of such Unit shall be released from all liability arising from facts or circumstances arising after the date of recordation of the deed transferring such Unit. IN WITNESS WHEREOF, each Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by DESIGNEE OF THE CITY MANAGER. Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Registration Number: My Commission Expires: 9 Notary Public TOWN CENTER ASSOCIATES 7, L.L.C., a Virginia limited liability company By: Louis S. Haddad, Manager M Anthony P. Nero, Manager STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this day of , 2007, by Louis S. Haddad, Manager on behalf of Town Center Associates 7, L.L.C., a Virginia limited liability company. Notary Public Notary Registration Number: My Commission Expires: STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2007, by Anthony P. Nero, Manager on behalf of Town Center Associates 7, L.L.C., a Virginia limited liability company. Notary Registration Number: My Commission Expires: 10 Notary Public TCA BLOCK 7 HOTEL, L.L.C., a Virginia limited liability company By: Louis S. Haddad, Manager 0 Anthony P. Nero, Manager STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2007, by Louis S. Haddad, Manager on behalf of TCA Block 7 Hotel, L.L.C., a Virginia limited liability company. Notary Public Notary Registration Number: My Commission Expires: STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2007, by Anthony P. Nero, Manager on behalf of TCA Block 7 Hotel, L.L.C., a Virginia limited liability company. Notary Registration Number: My Commission Expires: 11 Notary Public TCA BLOCK 7 RESIDENTIAL, L.L.C., a Virginia limited liability company Louis S. Haddad, Manager in Anthony P. Nero, Manager STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2007, by Louis S. Haddad, Manager on behalf of TCA Block 7 Residential, L.L.C., a Virginia limited liability company. Notary Public Notary Registration Number: My Commission Expires: STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2007, by Anthony P. Nero, Manager on behalf of TCA Block 7 Residential, L.L.C., a Virginia limited liability company. Notary Registration Number: My Commission Expires: 12 Notary Public TOWN CENTER CONDOMINIUM 7 OWNERS ASSOCIATION, INC., a Virginia corporation Louis S. Haddad, President STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2007, by Louis S. Haddad, Manager on behalf of Town Center Condominium 7 Owners Association, Inc., a Virginia corporation. Notary Registration Number: My Commission Expires: 13 Notary Public TOWN CENTER RESIDENTIAL CONDOMINIUM 7 OWNERS ASSOCIATION, INC., a Virginia corporation By: Louis S. Haddad, President STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2007, by Louis S. Haddad, Manager on behalf of Town Center Residential Condominium 7 Owners Association, Inc., a Virginia corporation. Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT 5553\015\Encroachment Agreement - rdl (11-30-07).DOC 14 Notary Public APPROVED AS TO LEGAL SUFFICIENCY AND FORM r I yN I M r OF - ask F 11 1 rwcr�= ``•Sex l �iv'KY`_a.%-ia'�rC'. ` r .- /�:.` . I e 00 am! � pJ1:i�+ab i4`yp/�� �yA ��r y�■iS yH � ,p� yppY �,�(� lY��w¢ bis gHAVY 3�JrjrC.�L'1l� y��y _ •f .� :, t j � L EE rpt 14'p V � %"� G � �Ci �"' ?i'� J' NM�w+EY� WIN �' � �`y.FF •� �tPv��n tt�r �,e��.x SSS � ' .d' � ��.„�{tf, ,vw'viii �� i���h. �RJ�:�Y .� 3' Pt•'.. �h�m a �'��a�d��s9aa' 1lt11►NH►1I111:'�" .............'.rrea: - - - I �..y S�wt_ iJ r i Ml fjlr t J. ri H (trl t r ,'j rp°r �„ s,. „9 sy_ '•�� J 'fy r1X1 ,.r i ,' ilf �ih Cc r7y R` jt -j y i r . -�:. q.., F: F,i�'F3P't'7"n37?i�'.�',�'Y.�r=.'p,• t ... r.YHv✓ir 1? I .taulsulluNR W r s t r _ - f + i _ m ' } _ lYri'7!• 1 � csir,� a �- �t 'S - � _ "'4 111'. ��grwuw�n�• i� yq St' " [ � f• 54 tn� r' ................. iA p Ip - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as the 10 foot right-of-way in front of 1460 Watersedge Drive, for property owners Earl L. and Maro A. Royer MEETING DATE: December 11, 2007 ■ Background: Earl L. and Maro A. Royer have requested permission to construct and maintain six (6) brick columns, maintain fourteen (14) existing brick columns, maintain twenty (20) existing electrical conduits, and maintain one existing brick column mailbox in a portion of City property known as the 10 foot right-of-way located in front of 1460 Watersedge Drive, Virginia Beach, Virginia. By installing the brick columns and electrical conduits, the property owners are attempting to prevent further damage to their landscaping from vehicles, and, in addition, to encourage vehicles traveling on Watersedge Drive to reduce speed. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended denial because: Brick columns would create problems for maintenance and garbage collection crews that are in this area and would create a driving hazard to vehicular traffic along Watersedge Drive. 2. The clear zone will be reduced for bicyclists and pedestrians and increase the chance for biking accidents along Watersedge Drive. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Attachments: Ordinance, Agreement, Plat, Location Map and Pictures Recommended Action: Denial of the ordinance. Submitting DepartmentlAgency: Public Works/Real Estate pkp City Manager: k ,�� 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE 5 TEMPORARY ENCROACHMENTS 6 INTO A PORTION OF CITY 7 PROPERTY KNOWN AS THE 10 8 FOOT RIGHT-OF-WAY IN FRONT 9 OF 1460 WATERSEDGE DRIVE, 10 FOR PROPERTY OWNERS EARL L. 11 AND MARO A. ROYER 12 13 14 WHEREAS, Earl L. and Maro A. Royer desire to construct and maintain six 15 (6) brick columns, maintain fourteen (14) existing brick columns, maintain twenty 16 (20) existing electrical conduits, and maintain one existing brick column mailbox in 17 a portion of City property known as the 10 foot right of way, located in the front of 18 1460 Watersedge Drive, Virginia Beach, Virginia. 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments 22 upon the City's property subject to such terms and conditions as Council may 23 prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 29 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Earl L. and Maro 30 A. Royer, their heirs, assigns and successors in title are authorized to construct 31 and maintain six (6) brick columns, maintain fourteen (14) existing brick columns, 32 maintain twenty (20) existing electrical conduits, and maintain one existing brick 33 column mailbox in a portion of City property known as the 10 foot right-of-way in 34 front of 1460 Watersedge Drive as shown on the map labeled Exhibit "A" and 35 entitled: "EXHIBIT SHOWING PORTION OF LOT B-1 SUBDIVISION OF LOT B, 36 SUBDIVSION OF PARCEL NO. 6, SUBDIVISION OF EASTERN PART OF LAND 37 J.K. PARKER "PARKVIEW MANOR", a copy of which is on file in the Department 38 of Public Works and to which reference is made for a more particular description; 39 and 40 41 BE IT FURTHER ORDAINED, that the temporary encroachments are 42 expressly subject to those terms, conditions and criteria contained in the 43 Agreement between the City of Virginia Beach and Earl L. and Maro A. Royer (the 44 "Agreement"), which is attached hereto and incorporated by reference; and 45 46 47 48 49 50 51 52 53 54 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Earl L. and Maro A. Royer and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2007. R-1 PREPARED: 6/05/07 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY ND F RM W�J CITY ATTOMY CA -10300 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10300 Royer Ordinance.doc V:\applications\citylawprod\cycom32\Wpdocs\D028\P002\00030647. DOC PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE Exemption Pursuant to Section 58.1-811(C )(4) THIS AGREEMENT, made this Z5' day of Qc-6i -e ✓ , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and EARL L. ROYER and MARO A. ROYER, 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 B-1", as shown on plat entitled, "SUBDIVISION OF LOT B, SUBDIVISION OF NO. 6, SUBDIVISION OF EASTERN PART OF LAND J.K. PARKER "PARKVIEW MANOR"," and said plat is recorded in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 157 at Page 55, and being further designated and described as 1460 Watersedge Drive, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to construct and maintain six (6) brick columns, maintain fourteen (14) existing brick columns, maintain twenty (20) existing electrical conduits, and maintain one existing brick column mailbox, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN 1499-00-2012-0000 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as the 10 foot right of way in front of 1460 Watersedge Drive, the "Encroachment Area"; and 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: "EXHIBIT SHOWING PORTION OF LOT B-1 SUBDIVISION OF LOT B, SUBDIVSION OF PARCEL NO. 6, SUBDIVISION OF EASTERN PART OF LAND J.K. PARKER "PARKVIEW MANOR" VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particulalr 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 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location, construction, 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 understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 3 It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the. City as additional named insured or loss payee, as applicable. The Grantee also agrees to cant' 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. El 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, Earl L. Royer and Maro A. Royer, the said Grantee, have caused this Agreement to be executed by their signatures. 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. 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 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 Notary Registration Number: 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 Registration Number: My Commission Expires: _ 0 Notary Public %r Earl C Royer Maro . Royer STATE OF CITY/COUNTY OF 116t be&CA , to -wit: ff The foregoing instrument was acknowledged before me this cz 5Tday of 8C'*6,e10 , 2007, by Earl L. Royer. r La11'1�.1F' � • Notary Registration Number: 243 0 AYANNA R. WILLIAMS My Commission Expires: i (3 1,/0 Cl Notary Public Commonwealth of Virginia 240380 STATE OF My Commission Expires Jan 31, 2009 CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this ;Z571 day of 2007, by Maro A. Royer Notary Registration Number:2 0 My Commission Expires: 113110 APPROVED AS TO CONTENTS s C. 6�cas,, 41�NATURE A) REAI EGIAti DEPARTMENT 2A .c No ry Public AYANNA R. WILLIAMS Notary Public Commonwealth of Virginia 240380 MY Commission Expires Jan 31, 2009 APPROVED AS TO LEGAL SUFFICIENCY AND FORM t �7 G:ILISERSISHARED1WP801RE1Real Estate FormSIWORD DOCSIENCROACHMENTSIENCROACHMENT.AGREEMENT.doc 7 I NOTES �1 Al/ EX h{ r -B1 T i1) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL � _p\EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID �u' "- I PROPERTY AS SHOWN. ..0 2) THIS SURVEY DOES NOT GUARANTEE THE EXISTENCE v AND/OR LOCATION OF UNDERGROUND UTILITIES. Q 3) SURVEY PREPARED FOR EARL L ROYER. Gp (M.e koT.� ` PROPOSED B2tcK 1N. 1¢g9 Op,2r 6 Cet_uAws AND 62.00() 'a � ,LT'a � ELECTRICAL PIN FOUND U CONDUIT(1.65' E: of Corner) ' i{ (TYPICAL) 10. �'. S 7873,0 / ARRHOR 1. RON E , No. 1/43 � pQ •� ©14 *1 ' m .� oRR 4Ljj3Q 4 v �x�x O[T!,,.g �. x�x � PVC• .. 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'J• i', - i 4. � ♦ 710 '�.��> J 1V t� -3si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Amending City Code Sections 24-465 to 24-468 and Adding Sections 24-469 to 24-477 to Create the Office of the City Auditor and to Abolish the Department of Audit Services MEETING DATE: December 11, 2007 ■ Background: The City Code provides that the City Auditor and staff of the Department of Audit Services shall conduct financial and performance audits of City programs, functions and activities and provide advice and guidance on audit -related matters to the City Manager and all levels of City management. The Code provides that the City Auditor, like all department directors, shall be appointed by the City Manager. On April 3, 2007, City Council adopted a resolution endorsing the concept of converting the City Auditor to a City Council appointee and establishing a committee to make recommendations for implementing an independent internal auditor function. The committee, which includes Councilmembers Uhrin and Wood, the City Attorney, the City Manager, the City Auditor, and citizen member William Brunke have worked diligently to prepare an ordinance to convert the Auditor to a Council appointee. ■ Considerations: The ordinance abolishes the Department of Audit Services and instead creates the Office of City Auditor, to be filled by City Council's appointment of a City Auditor. Current deputy and assistant City auditors will retain their status as merit employees, but deputies and assistants hired after January 1, 2008 will be appointed by the Auditor as at -will employees. The Auditor will be authorized to conduct financial and performance audits of City departments, offices, boards, activities, agencies, programs and systems, in accordance with Government Auditing Standards. The ordinance provides the Auditor with access to employees, records, and property, and it establishes an Audit Committee comprised of two non-voting councilmembers and three voting citizen members appointed by Council (one must be a C.P.A. and the others must have a background in finance, accounting, or auditing). The Auditor will submit an annual audit schedule, and audit reports will be made available for public examination. The Auditor will continue to investigate allegations of fraud, waste and abuse and will provide records of resulting investigations in accordance with state law. ■ Public Information: This item will be advertised in the same manner as all other regular agenda items. ■ Recommendations: The advisory committee recommends approval. ■ Attachments: Ordinance Requested by City Council 1 AN ORDINANCE AMENDING CITY CODE SECTIONS 2- 2 465 TO 2-468 AND ADDING SECTIONS 2-469 TO 2-477 3 TO CREATE THE OFFICE OF THE CITY AUDITOR AND 4 TO ABOLISH THE DEPARTMENT OF AUDIT SERVICES 5 6 SECTIONS AMENDED: §§ 2-465 TO 2-468 7 SECTIONS ADDED: §§ 2-469 TO 2-477 8 WHEREAS, public officials, government managers and citizens want and need to 9 know not only whether government funds are handled properly and in compliance with 10 laws and regulations, but also whether public programs are achieving the purposes for 11 which they were authorized and funded, and, whether they are doing so efficiently and 12 economically; and 13 14 WHEREAS, an independent auditing function can provide objective information 15 on the operations of government programs, assist managers in carrying out their 16 responsibilities, and help ensure full accountability to the public; and 17 18 WHEREAS, Government Auditing Standards provide a framework for improved 19 government decision-making, oversight and accountability; and 20 21 WHEREAS, the independence and public accountability of the audit function can 22 be assured by provision of an appointed city auditor; and 23 24 WHEREAS, City Code Article XXVIII, sections 2-465 to 2-468 established a 25 department of Audit Services and assigned responsibilities, authority, and standards of 26 practices, and provided for access to records and property, the focus of which was to 27 provide guidance on audit -related matters to the city manager; and 28 29 WHEREAS, city council on April 3, 2007 endorsed the concept of converting the 30 city auditor to an appointee of the city council, and 31 32 WHEREAS, under this concept the city auditor would report directly to city 33 council but would work with an audit committee comprised of two councilmembers and 34 three citizens, one of whom is a certified public accountant and two of whom have 35 financial expertise; and 36 37 WHEREAS, City Charter § 3.05 vests the city council with the power to "create, 38 alter, or abolish departments ... [and] offices" and "to provide for the number, titles, 39 qualifications, powers, duties and compensation of all officers and employees of the 40 city." 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 ARTICLE XXVIII. DEPART-nnOFFICE OF THE CITY AUDITORAWDIT SERVICES 45 46 Sec. 2-465. Creation; purpose; composition. 47 48 (a) The office of the city auditor is hereby created with such office to be filled 49 by the appointment of a city auditor by a majority vote of city council, who shall report 50 to and serve as an at -will employee of the city council. The city auditor shall possess 51 adequate professional proficiency for the job and must be a licensed Certified Public 52 Accountant The city auditor's salary shall be set by the city council and reviewed 53 annually. 54 55 (b) The city auditor shall have the power to appoint employ and remove, 56 pursuant to budget authorization deputy and assistant auditors as deemed necessary 57 for the efficient and effective administration of the affairs of the office and to prescribe 58 their duties scope of authority and qualifications. Deputy and assistant auditors 59 employed after January 1 2008 shall be appointed by the city auditor and serve at the 60 pleasure of the city auditor. Deputy and assistant city auditors employed prior to 61 January 1 2008 shall retain their status as merit employees. Clerical and other 62 support staff of the city auditor shall be merit employees. 63 64 65 66 aGtiVitwes, 67 68 GGRdUGt SUGh audits shall e)deRd te all Gity depa*nw;ts and -------- as well ar, 69 70 71 72 73 74 75 76 , 77 78 Sec. 2-466. Powers and duties; scope of audits. Ro pensihili+ioc 79 80 The city auditor shall have authority to conduct financial and performance audits 81 of departments offices boards activities agencies programs and systems of the entity 82 to independently and objectively determine depending on the scope and type of audit, 83 whether: 84 85 (a) Activities and programs being implemented have been authorized by 86 government charter or code state law or applicable federal law or regulations and are 87 being conducted and funds expended in compliance with applicable laws and 88 regulations; 89 90 (b) The department office or agency is acquiring managing, protecting, and 91 using its resources including public funds personnel property, equipment, technology 92 and space, economically, efficiently, and effectively and in a manner consistent with the 93 obiectives intended by the authorizing entity or enabling legislation; 94 (c) The entity, programs, activities, functions, or policies are effective, 95 including the identification of anv causes of inefficiencies or uneconomical practices; 96 97 (d) The desired result or benefits are being achieved; 98 99 (e) Financial and other reports are being provided that disclose fairly, 100 accurately, and fully all information required by law, to ascertain the nature and scope of 101 programs and activities, and to establish a proper basis for evaluating the programs and 102 activities including the collection of, accountinq for, and depositing of, revenues and 103 other resources; 104 105 (f) Management has established adequate operating and administrative 106 procedures and practices, accounting systems or internal control systems and internal 107 management controls; and 108 109 (g) Indications of fraud, waste and abuse are valid and need further 110 investigation. 111 112 The resneReibilities of the deparFmeRt shall *RGI trio the fnllowinn- 113 114 115 and FnaRageFAeRt GGR#916, 116 eRSUre GGFnpIoaRGe with Gity, 6tate and fedeFal pgkies, plaRs, 117 ; 118 119 , 120 , 121 ; 122 123 ; 124 125 () AGG "*Ring the t +e Wh;Gh rit/ as,h},aFe aGGOUR} ed f9 -and 126 safeguarded; 127 128 7 teA\ GOR eAe � of the nity'S GoFnpFeheRG*\/e 129 � 130 131 fIfa\\/nr.-.+,Rg nr\mRlvintsonerRn the of f\\Rrlc__-+Rrl/nr 132 FesoUFGes and, of , deteFFniR;Rg the mt. of Ioss; 133 and aGtOGRG ReGessaFy to FedUGe Fisk. 134 135 Sec. 2-467. Standards. 136 137 Audits shall be conducted in accordance with Government Auditing Standards. 138 139 The Gity audotoF shall FepeFt to, and be diFeGted by, the Gity R;aRageF. All audits shall be 141 Sec. 2-468. Access to employees, records and property. 142 143 (a) All officers and employees of the City of Virginia Beach shall furnish to the 144 city auditor, or designee unrestricted access to employees information and records 145 (including electronic data) within their custody regarding powers duties, activities, 146 organization property financial transactions contracts and methods of business 147 required to conduct an audit or otherwise perform audit duties. In addition, they shall 148 provide access for the city auditor or designee to inspect all property, equipment and 149 facilities within their custody. 150 151 (b) All contracts with outside contractors shall contain a "right-to-audit" clause 152 and provide for city auditor access to the contractor's records relating to or pertaining to 153 the contract as well as property and equipment purchased in whole or in part with 154 governmental funds. 155 156 (c) Unless otherwise required by law, the city auditor shall not disclose any 157 confidential or proprietary information acquired during an audit. 158 159 160 auditro, 161 162 163 ir ditionall' 164 , 165 166 , 167 the ast: 168 169 170 171 172 Sec. 2-469. Audit committee 173 174 (a) To ensure independence of the audit function an audit committee is 175 hereby established The audit committee shall consist of five (5) members: two (2) non- 176 voting councilmembers and three (3) voting citizen members who shall be appointed by 177 the council At least one (1) of the citizen members shall be a licensed Certified Public 178 Accountant and the other two (2) citizen-members shall have a background in finance, 179 accounting and/or auditing. 180 years Of those first appointed one (1) member shall be appointed for a term of one (1) 181 year, one (1) for a term of two (2) years; one (1) for a term of three (3) years; and 182 thereafter all appointments shall be for a term of three (3) years. 183 184 (b) The audit committee shall consult with the city auditor regarding technical 185 issues and work to assure maximum coordination between work of the office of the city 186 auditor and external audit efforts. 187 188 (c) The audit committee shall meet as needed to perform its duties but shall 189 not meet less than three (3) times annually and shall be responsible for: 190, 1) Reviewing the city auditor's annual plan and budget before submission to 191 council. 192 2) Reviewing final audit reports before issuance: 193 3) Transmitting audit reports to council: 194 4) Monitoring follow-up on reported findings to assure corrective action is taken: 195 5) Reporting to council on problems or problem areas at such times as deemed 196 appropriate: 197 6) Performing an evaluation of the city auditor annually and reporting the results 198 of the evaluation and effectiveness of the audit function to council 199 7) Reviewing reports of the external auditors: and, 200 8) Evaluating the findings and recommendations of the peer review of the audit 201 function as required by Government Auditing Standards. 202 203 Sec. 2-470. Audit schedule. 204 205 (a) At the beginning of each fiscal year, the city auditor shall submit an annual 206 audit schedule to the audit committee for review and comment. The schedule shall 207 include the proposed plan, and the rationale for the selections, for auditing 208 departments, offices, boards, activities, contractors and agencies for the period. This 209 schedule may be amended after review with the audit committee, but the city auditor 210 shall have final authority to select the audits planned. City council shall be notified of 211 any amendments. 212 213 (b) City council may request an unscheduled audit depending upon newly 214 discovered facts provided however, that such request must be approved by a majority 215 of the members of city council. 216 217 Sec. 2-471. Agency response. 218 219 A draft of the audit report will be forwarded to the audited agency for review and 220 comment regarding factual content prior to its release. The agency must respond to the 221 city auditor, in writing within 30 days specifying (i) agreement with audit findings and 222 recommendations or reasons for disagreement with findings and/or recommendations: 223 (ii) plans for implementing solutions to issues identified: (iii) a timetable to complete 224 such activities. The city auditor will include the agency's response in the report. If no 225 response is received the city auditor will note that fact in the transmittal letter and will 226 release the audit report. 227 228 Sec. 2-472. Audit reports. 229 230 Each audit will result in a report, written or in some other retrievable form, and be 231 prepared in accordance with Government Auditing Standards. The report shall be 232 distributed to the audit committee city council and management and it shall also be 233 available for public examination. 234 235 Sec. 2-473. Annual follow-up. 236 237 The city auditor shall follow-up on audit recommendations as practical to determine if 238 corrective action has been taken and may request periodic status reports from audited 239 agencies regarding actions taken to address reported deficiencies and audit 240 recommendations. 241 242 Sec 2-474. Contracted auditors or other experts. 243 244 (a) The city auditor will coordinate and manage the audit contract of the City's 245 Comprehensive Annual Financial Report (CAFR) and related federal grants. Council 246 must approve the selection of a certified public accounting firm for the CAFR audit in 247 accordance with City Code § 8.06. 248 249 (b) Within budget limitations the city auditor may obtain the services of 250 certified public accountants or other professional experts necessary to perform audit 251 work An audit that is performed by contract must be conducted by persons who have 252 no financial interests in the affairs of the governmental entity or its officers. 253 254 Sec 2-475. Federal state and other grants. 255 256 City management shall notify the city auditor of any scheduled audits related issues or 257 violations of federal state or local laws and regulations pertaining to grants. 258 Sec. 2-476. Fraud, waste or abuse. 259 260 (a) The office of the city auditor will oversee and coordinate all actions taken in a 261 preliminary investigation of a suspected fraudulent activity. To the extent allowed by 262 law, the office of the city auditor shall review relevant information in a confidential 263 manner and shall conduct a prompt preliminary investigation of the alleged activity. If 264 evidence indicates possible fraud waste or abuse a full investigation shall follow 265 including coordination with appropriate law enforcement agencies. A summary of 266 investigative findings shall be communicated to the audit committee. 267 268 (b) In accordance with Virginia Code § 2.2-3705.3(7), records of a completed 269 investigation shall be disclosed upon request to any Virginia citizen or member of the 270 media unless such disclosure is prohibited by law. The information disclosed shall 271 include the name of the department or agency involved the nature of the complaint, the 272 job category of the subiect of the complaint a summary of the investigative procedures 273 and findings and what actions if any, were taken to resolve the complaint. If a person 274 is the subiect of the complaint the identity of that person shall only be disclosed if the 275 investigation results in corrective action or the person consents to release of his or her 276 identity. "Corrective action" consists of suspension demotion or termination. An 277 investigation shall be considered completed when all related investigatory activities 278 have been concluded With respect to an investigation that leads to criminal charges, 279 the investigation shall be considered completed upon exhaustion of all appeals. The 280 identity of complainants or persons supplying information to investigators shall not be 281 disclosed. 282 Sec. 2-477. Annual report. 283 284 The city auditor shall submit an annual report to council within 45 days after the fiscal 285 year indicating audits completed major findings, and corrective actions taken. 286 Adopted by the Council of the City of Virginia Beach, Virginia on the 287 day of , 2007. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA10495 December 4, 2007 R-9 �e+c 4-z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Create CIP 3-124 and Appropriate $4,139,100 from the Community Oriented Policing Services (COPS) Interoperable Communications Technology Grant for Procuring Services and Equipment Necessary in the Implementation of the Hampton Roads Overlay Regional Interoperability Network (ORION) Phase II MEETING DATE: December 11, 2007 ■ Background: In 2004, Virginia Beach secured funding and implemented Phase I of ORION (a regionally oriented communication interoperability system). The $6,000,000 COPS Interoperable Communications Technology Grant was awarded to the Hampton Roads region; moreover Virginia Beach provided the entire $2,163,500 match. Phase I consisted of the following components: • In Virginia Beach's Emergency Communication Center (Building 30), a digital master radio switch was installed; • Within Hampton Roads, seven (7) antenna sites with 700MHz radio communication equipment capability was installed; o Two (2) in Virginia Beach and one (1) each in Norfolk, Chesapeake, Suffolk, Hampton, and Newport News. Within Hampton Roads, seven (7) antenna sites had 900MHz high speed data equipment installed; o One (1) each in Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, Hampton, and Newport News. • Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, and Hampton received subscriber radios and high speed data modems. Phase II will allow for a more robust regionally oriented 700MHz network necessary to establish and maintain emergency communication continuity between intra -city departments and inter -city cooperation and support. Additional equipment will consist of the following components: • On the Peninsula, a redundant digital master radio switch, providing backup service to the Virginia Beach switch, will be installed; • Within Hampton Roads, up to seven (7) additional radio communication antenna sites will be erected; • Within Hampton Roads, up to twelve (12) antenna sites will be equipped with high speed data equipment. • Each subscriber city will receive approximately 115 radios. ■ Considerations: To facilitate the implementation of ORION Phase II, the ComIT/Emergency Communication and Citizen Services Division, in conjunction with the ORION Steering Committee and an existing professional engineering firm, will provide the required support, analysis and project management. The COPS Interoperable Communications Technology Grant award is $6,000,000 with a regionally required match of $2,139,100. The City of Virginia Beach's commitment is $339,100 from the fund balance of the E-911 Communication Special Revenue Fund. Total available funds will be $8,139,100 comprising: COPS Phase II Interoperable Communications Technology Funding Sources Fund Source FY 2007-08 FY 2008-09 FY 2009-10 Total Virginia Beach $ 339,100 - - $ 339,100 Norfolk 300,000 - - 300,000 Hampton 300,000 - - 300,000 Portsmouth 200,000 50,000 50,000 300,000 Suffolk - 300,000 - 300,000 Newport News - 300,000 - 300,000 Chesapeake - - 300,000 300,000 Federal Grant 3,000,000 1,860,000 1,140, 000 6,000,000 Total $ 4,139,100 $2,510,000 $1,490, 000 $ 8,139,100 ■ Public Information: Public Information will be handled through the normal Council agenda public information process. ■ Alternatives: An alternative would be to maintain the present communication system. By continuing with the status quo, optimal regional emergency interoperability would not be achieved; moreover future available funding is uncertain. ■ Recommendations: The recommendation is for City Council to authorize CIP 3- 124 and appropriate $4,139,100. For FY 2008-09 and 2009-10, the appropriations will be included in the proposed Capital Improvement Program, and the grant awards for these years will be encumbered until receipt of local matches. ■ Attachments: Ordinance and Grant Award Letter Recommended Action: Approval of Ordinance Submitting Department/Agency: Communications and Information Technology (ComlT4l, City Manage • V, - -� 1 AN ORDINANCE TO CREATE CIP 3-124 AND 2 APPROPRIATE $4,139,100 FROM THE COMMUNITY 3 ORIENTED POLICING SERVICES (COPS) 4 INTEROPERABLE COMMUNICATIONS TECHNOLOGY 5 GRANT FOR PROCURING SERVICES AND EQUIPMENT 6 NECESSARY IN THE IMPLEMENTATION OF THE 7 HAMPTON ROADS OVERLAY REGIONAL 8 INTEROPERABILITY NETWORK (ORION) PHASE II 9 10 WHEREAS, the U.S. Department of Justice has allocated an Interoperable 11 Communications Technology Grant to the City of Virginia Beach for supporting regional 12 efforts to provide for Phase II equipment supporting the regional communication 13 network. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1. That Capital Project # 3-124, COPS Interoperable Communications 19 Technology Grant - Phase II, is hereby established in the Capital Improvement Program 20 for the purpose of funding regional communication equipment and installation. 21 22 2. That $3,000,000 is hereby accepted from the U.S. Department of Justice 23 and appropriated to Capital Project # 3-124, COPS Interoperable Communications 24 Technology Grant - Phase II, in the FY 2007-08 Capital Budget, with revenue from the 25 federal government increased accordingly. 26 27 3. That $339,100 is hereby appropriated from the fund balance of E-911 28 Communications Special Revenue Fund to Capital Project # 3-124, COPS Interoperable 29 Communications Technology Grant - Phase II, to provide the required match funds. 30 31 4. That $300,000 from the City of Norfolk, $300,000 from the City of 32 Hampton, and $200,000 from the City of Portsmouth is hereby accepted and 33 appropriated to CIP #3-124, COPS Interoperable Communications Technology Grant — 34 Phase II, with revenue from the local governments increased according. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA10591 R-2 November 20, 2007 C Attorney's Office 11-Z _ 07 • U. S. Department of Justice Community Oriented Policing Services oa Grants Administration Division (GAD) Law Enforcement Technology Grant #: 2007CKWX0056 ORI #: VA 12800 Applicant Organization's Legal Name: Virginia Beach, City of OJP Vendor #: 540722061 Law Enforcement Executive: Chief of Police Alfred M. Jacocks Address: 2401 Courthouse Drive Building I I City, State, Zip Code: Virginia Beach. VA 23456 Telephone: (757) 385-4141 Fax: Government Executive: City Manager James K. Spore. Address: 2401 Courthouse Drive Building 1 City, State, Zip Code: Virginia Beach, VA 23456 Telephone: (757) 385-4242 Fax: Award Start Date: 9/l/2007 Award End Date: 8/31/2010 Award Amount: $ 6,000,000.00 AUG 3 1 2007 Carl R. Peed, Director Date Qhieff of Police Alfred M. Jacockss Signatur aw Enforcem fficial with the Typed Name and Title of Law Enforcement Date Author' to Accept this G nt Award Official Cit James K. Spore Y manager 4 0 N� 1 Sig ature f Government Officiall-w—M the Authority to Typed Name and Title of Government Official Dat Acck tthis rant Award False statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from Award 1D: 84739 participating in federal grants or contracts, and/or any remedy available by law to the Federal Government. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $3,500,000 from Capital Project # 3-368 Various Site Acquisitions to Capital Project # 3-262 Tidewater Community College Expansion/Operation Smile Headquarters to Provide Site Improvements for Tidewater Community College's Health Professions Building and Operation Smile's Headquarters and Authorize the City Manager to Execute a non-binding Term Sheet MEETING DATE: December 11, 2007 ■ Background: On December 11, 2001, the City Council adopted a term sheet that recognized the City's participation in the expansion of the Tidewater Community College campus in Virginia Beach. As part of the term sheet, City Council adopted capital project # 3-262 Tidewater Community College Expansion in the FY 2002-03 Capital Improvement Program. This capital project provided funding for site acquisition of several key parcels surrounding the campus as well as for site improvements associated with several new buildings proposed in Tidewater Community College's Master Plan. To date, approximately 29 acres have been acquired, and the City has provided funding for site improvements for the Sciences Building and the Health Professions Building — Phase I. On October 11, 2007 Operation Smile announced that its worldwide headquarters would be built in Princess Anne Commons adjacent to Tidewater Community College's Health Professions Building (Phase 1). Operation Smile teams around the world bring free reconstructive surgery to children suffering from physical and emotional distress caused by facial deformities in more than 30 developing countries. Operation Smile has 5,000 volunteers worldwide and has treated more than 100,000 children since 1982. The headquarters would be a LEED (Leadership in Energy and Environmental Design) certified state of the art headquarters of approximately 65,000-75,000 square feet for approximately 100 -125 full-time local staff. ■ Considerations: As part of the proposed agreement with Operation Smile, the City would convey land to both TCC and Operation Smile for the Health Professions Building and Operation Smile's headquarters. The City would also provide a maximum of $3,500,000 for site improvements for both buildings. The $3,500,000 million is in addition to $1,980,135 previously paid to Tidewater Community College for site improvements associated with the Health Professions Building. The City's commitment is for site improvements (i.e., utilities, sidewalks, parking, street lights at least five feet from the building) that will be compatible with the LEED certified Operation Smile headquarters. If Operation Smile does not begin construction of its headquarters building within three years from the date all necessary approvals are in place, the title could, at the City's option, revert back to the City at no cost. ■ Public Information: Public information will be provided through the normal Council agenda process. An announcement of the proposed Operation Smile Headquarters was held on October 11, 2007, and included representatives from both Operation Smile and the City of Virginia Beach. ■ Alternatives: The City could identify other site alternatives, but the location in Princess Anne Commons provides the most synergy with other organizations in Princess Anne Commons like Tidewater Community College, Old Dominion University, Norfolk State University, LifeNet and Sentara. The location also provides for the joint use of facilities like the Advanced Technology Center. ■ Recommendations: It is recommended that capital project # 3-262 Tidewater Community College Expansion be renamed to Tidewater Community College Expansion/Operation Smile Headquarters and $3,500,000 be transferred from capital project # 3-368 Various Site Acquisitions to capital project # 3-262 Tidewater Community College Expansion/Operation Smile Headquarters. It is also recommended that the City Council authorize the City Manager to execute a Term Sheet setting forth the details of the parties' intentions. Once an agreement implementing the terms of the Term Sheet is complete, that agreement will be brought back to City Council for approval. ■ Attachments: Ordinance Term Sheet Recommended Action: Approval Submitting Department/Agency: Department of Management Services ',)* City Manager:`:: anager: V, , zV 1 AN ORDINANCE TO TRANSFER $3,500,000 FROM 2 CAPITAL PROJECT #3-368 VARIOUS SITE ACQUISITIONS 3 TO CAPITAL PROJECT #3-262 TIDEWATER COMMUNITY 4 COLLEGE EXPANSION/ OPERATION SMILE 5 HEADQUARTERS TO PROVIDE SITE IMPROVEMENTS 6 FOR TIDEWATER COMMUNITY COLLEGE'S HEALTH 7 PROFESSIONS BUILDING AND OPERATION SMILE'S 8 HEADQUARTERS AND AUTHORIZE THE CITY MANAGER 9 TO EXECUTE A NON-BINDING TERM SHEET 10 WHEREAS, on December 11, 2001, City Council adopted a term -sheet that 11 recognized the City's participation in the expansion of Tidewater Community College; 12 13 WHEREAS, Operation Smile plans to locate its worldwide headquarters in Princess 14 Anne Commons adjacent to Tidewater Community College's Health Professions Building; 15 and 16 17 WHEREAS, the City and Operation Smile have reached agreement concerning 18 commitments contained in the attached non-binding term sheet setting forth the intent of 19 the parties as negotiations proceed (the "Term Sheet"). 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 (1) That capital project #3-262 Tidewater Community College Expansion is hereby 25 renamed to Tidewater Community College Expansion/Operation Smile 26 Headquarters. 27 28 (2) That $3,500,000 is hereby transferred from capital project # 3-368 Various Site 29 Acquisitions to capital project #3-262 Tidewater Community College 30 Expansion/Operation Smile Headquarters for site improvements associated with 31 the Health Professions Building and Operation Smile's headquarters. 32 33 (3) That the City Manager is authorized to execute the attached Term Sheet with 34 Operation Smile. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2007. Requires an affirmative vote by a majority of the members of the City Council. CA10519 December 5, 2007 V:\applications\citylawprod\cycom32\W pdocs\0005\P002\00044959.DOC R-1 APPROVED AS TO CONTENT 02� Management Services APPROVED AS TO LEG4 SUFFICIENGCE��r City Attorney's Office TERM SHEET OPERATION SMILE RELOCATION TO VIRGINIA BEACH Representatives of the City of Virginia Beach ("City") and Operation Smile have been discussing a possible partnership concerning the relocation of Operation Smile's headquarters to Virginia Beach on city -owned property adjacent to the Tidewater Community College ("TCC") campus. This Term Sheet is intended to reflect the shared understanding of both parties and their respective commitments. The Term Sheet is not intended to be a legally binding agreement, and all proposals outlined are subject to approval and future appropriation by the Virginia Beach City Council and funding commitments approved by the Board of Directors for Operation Smile. 1. The City will dedicate City -owned property adjacent to TCC for relocation of Operation Smile's headquarters to Virginia Beach (the "Property"). The property selected will be discussed with TCC to coordinate with their master planning efforts for the campus. 2 Similar to the City's commitment to TCC, the City will provide for site improvements beyond five feet from Operation Smile's proposed headquarters building, which includes construction of necessary outdoor lighting, sidewalks, landscaping, and parking lots. The City and Operation Smile will coordinate with Tidewater Community College to maximize shared site improvements, such as shared parking lots. The City has previously paid $1,980,135 to TCC for site improvement costs for phase I of the Health Professions Building. In addition to the $1,980,135, the City's commitment for the remaining costs of site improvements for both TCC (phase I) and Operation Smile is a maximum of $3.5 million. The City will pay TCC for its share of the additional site improvement costs ("Additional TCC Site Improvement Costs") based on the best available estimate of total costs. The City will pay Operation Smile subject to the conditions noted in #8 and #9 below. Operation Smile will be responsible for any site improvement costs that exceed $3.5 million less the Additional TCC Site Improvement Costs paid to TCC. 3. Operation Smile will pay for all costs associated with designing and constructing its headquarters building. 4. All design and construction plans must be reviewed and approved by the City and TCC. 5. TCC must consent to and approve the conveyance of the Property to Operation Smile. 6. The Property shall be used only for non-profit purposes consistent with the mission of Operation Smile. Operation Smile will apply for tax-exempt status with the City. 7. The Property may not be sold or otherwise conveyed to another entity unless approved by the City. 8. Operation Smile will contract for the design and construction of its headquarters building and necessary site improvements, including the site improvement costs noted in #2 above. Upon written notification of contract award, the City will reimburse Operation Smile for its share of the site improvement costs if Operation Smile has posted the surety bond described below. If Operation Smile does not post the surety bond, the City shall reimburse Operation Smile, monthly, for actual costs of the site improvements In either event, Operation Smile shall document actual costs for site improvements and provide such documentation to the City. If the site improvements cost less than the City's contribution, the remaining funds shall be returned to the City. 9. If Operation Smile elects to receive its portion of the $3.5 million for the site improvements less the Additional TCC Site Improvement Costs paid to TCC on the award of the construction contract, Operation Smile will post a surety bond. The surety bond will be in form and substance satisfactory to the City and in the amount of the site improvement costs to secure its use of the site improvement costs for their intended purpose. 10. Operation Smile will be responsible for all future operating, maintenance, and replacement costs associated with the headquarters building as well as all site improvements noted in #2 above. 11. Operation Smile will work with TCC, Old Dominion University, and Norfolk State University to develop joint programs that will enhance the educational experiences of their students. 12. Operation Smile agrees to provide appropriate documentation to the City verifying that City -provided funds were expended for the intended purpose. This documentation may include, but shall not be limited to, copies of bids, contracts, and final payments. 13. If Operation Smile has not begun construction of its headquarters' building within three years from the date all rezoning and approvals by the City, ODU, TCC, and the Southeastern Public Service Authority (SPSA) have been obtained, the title may, at the City's option, revert back to the City at no cost. 14. Operation Smile will work with the City's Media Communications Group to discuss joint marketing and public relations endeavors that will promote Operation Smile and its location in Virginia Beach. 15. Both the City and Operation Smile agree to meet and confer as necessary in furtherance of the objectives expressed in this Term Sheet. 16. The parties recognize and agree that if the proposal outlined in this Term Sheet moves forward, there will be negotiated and prepared a more detailed development agreement that will contain additional terms, conditions and obligations to the terms stated herein. 17. The City will grant Operation Smile an option to purchase approximately three acres bordering Rosemont Road and Concert Drive, which is a portion of the property currently operated by SPSA (the "SPSA Property"). The option will vest if the SPSA Property: (i) is no longer occupied by SPSA, and (ii) is no longer operated as a transfer station. The option would be at no cost to Operation Smile and the land would only be used for the expansion of Operation Smile's non-profit mission. Signed this day of , 2007. CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia James K. Spore, City Manager V : \applicat ions\citylawprod\cycom32\ W pdocs\D005\P002\00044958. DOC OPERATION SMILE, a Virginia corporation LO -R Howard Unger, Board of Directors L. PLANNING 1. Applications for Enlargements of Nonconforming Use: a. CORY LANGLEY expansion to an existing single-family dwelling and duplex at 8006 and 8008 Atlantic Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL b. NANCY RICHARDSON expansion to an existing duplex at 7212 Atlantic Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION Ey'"', 0I1J."11 2. Applications of SOUTHEAST MARINE GROUP, LLC, re dry storage for boats and trailers, a restaurant, pool and recreational area at 2272 Old Pungo Ferry Road: DISTRICT 7 — PRINCESS ANNE a. Variance to §5B of the Site Plan Ordinance, Floodplain Regulations and to the Southern Watersheds Management Ordinance to allow fill re the proposed encroachments b. Modification of Conditions on a Conditional Use Permit approved April 11, 1966, to add certain facilities, parking and landscaping DEFERRED NOVEMBER 27, 2007 RECOMMENDATION APPROVAL 3. Applications for Modifications of Conditions: a. BROWN BUILDING CORPORATION on a Conditional Use Permit approved July 10, 2007, re the addition of a porte-cochere covered drop-off area at 4847 Dolton Drive DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL b. DELAWARE CORPORATION on a Conditional Use Permit approved May 23, 2006, re the addition of an apartment for a fulltime manager and to allow recreational vehicles during construction at London Bridge Road and Harpers Road DISTRICT 6 — BEACH RECOMMENDATION APPROVAL C. WAWA, INC. on a Conditional Use Permit approved November 26, 2002, re the addition of a drive -up food service and an outdoor trash receptacle at 2954 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Applications for Conditional Use Permits: a. WELLINGTON FARM, L.L. C., re boarding and training of horses at 3125 Hungarian Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION n9:2:Z6lil:1I b. OCEANA CHURCH OF CHRIST re a church at 3073 Indian River Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL C. WILLIE DONALD MARTIN, JR., re an auto repair garage at 1128 Barrs Road. DISTRICT 4 — BAYSIDE STAFF RECOMMENDATION RECOMMENDATION INDEFINITE DEFERRAL APPROVAL 5. Applications of SYKES REAL PROPERTIES, L.L.C., at Birdneck Road and Beautiful Street: DISTRICT 6 — BEACH. a. Change of Zoning District Classification from R-10 Residential District to Conditional I-1 Light Industrial District b. Conditional' Use Permit re a bulk storage yard RECOMMENDATION APPROVAL 6. Application of ANWARUL ISLAM and SHAHANA ISLAM for a Change of Zoning District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District re development of two-story retail and office building, parking and landscaping at 1308 and 1314 Kempsville Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet In the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, December = 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 5 - LYNNHAVEN Cory Langley Application: Expansion of a Nonconforming 41,gg at 8006,8008 Atlantic Avenue (GPIN 2419587844). Nancy Richardson Application: Expansion of a Nonconforming Use at 7212 Atlantic Avenue (GPIN 2419664177). Wawa, Inc. Application: Modification of Conditions for a request approved by City Council on November 26, 2002 at 2954 Virginia Beach Boulevard (GPIN 1497266065). AICUZ is 70 to 75. DISTRICT 6 - BEACH Sykes Real Properties, LL.C. Application: Change of Zoning District Classification from R•10 Residential to Conditional Id Light Industrial at Birdneck Road and Beautiful Street (GPIN 2417427222). The Comprehensive Plan designates this area as Strategic Growth Area 8 - East Oceans Area, suitable for low rise, Iight-industhal uses. AICUZ is APZ J. and Greater than 75. Sykes Real Properties. L.L.C. Application: Conditional Use Permit for a bulk storage yard at Birdneck Road and Beautiful Street (GPIN 2417427222). Delaware Corporation Application: Modification of Conditions for a request approved by City Council on May 23, 2006 at London Bridge and Harpers Road (GPIN 24054222428). AICUZ is 70 to 75. DISTRICT 7 - PRINCESS ANNE Wellington Farm, Ll. C. Application: Conditional Use Permit for boarding and training of horses at 3125 Hungarian Road (GPIN 1388743606;. AICUZ is Les than 65. Ocean Church of Christ Application: Conditional Use Perm for a church at 3073 Indian River Road (GPIN 1483926900). AICUZ is 70 to 75. DISTRICT 2 - KEMPSVILLE Brown Building Corporation Application: Modification of Condition for a request approved by City Council on July 10. 2007 at 4847 Dolton Drive (GPIN 1477205567). AICUZ is Less than 65. Anwarul Islam and Shahan Islam Application: Change of Zoning District Classification from 0.2 Office to Conditional B-1 Neighborhood Business at 1308 and 1314 Kempsville Road (GPINs 1465481825; 1465481974). DISTRICT 3 - ROSE HALL South Hampton Roads Habitat for Humanity, Inc. Application: Change of Zohing District Classification from R-7.5 Residential to Conditional A-12 Apartment at Zurich Arch, south of 1.264 (GPIN 1487939540). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at hftw//www.vbolov.can/oc For information call 385.4621. If you are physkaNy dhm&W or vh"ly Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385 4303. Beacon Nov. 25 & Dec. 2, 2007 17962055 . a. �. W Wim• J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property located at 8006 and 8008 Atlantic Avenue. DISTRICT 5 — LYNNHAVEN MEETING DATE: December 11, 2007 ■ Background: The applicant requests approval to enlarge a nonconforming use. The site was developed in 1950 with two structures: (1) a single-family dwelling and (2) a single-family dwelling containing a garage and an apartment (since there are two dwelling units in this second structure, it is classified as a duplex). There are a total of three units located on this one parcel; the Zoning Ordinance allows only a single-family or a duplex within the R -5R District. Since there are three units, the units are non -conforming, and any modification requires approval from the City Council under the provisions of Zoning Ordinance. Considerations: The applicant wishes to alter the second structure — the duplex. The structure contains a garage and a dwelling unit on the first floor and a dwelling unit on the second floor. The applicant proposes demolition of an existing workshop and second floor deck, and additions of a 21 -foot by 19 -foot (21' x 19') theatre room and a 14 -foot by 13 -foot (14' x 13') room on the first floor, and a 14 -foot by 16 - foot (14'x 16') sunroom and a 14 -foot by 13 -foot (14'x 13') room on the second floor. A five-foot to eight -foot wide deck is also proposed on the second floor. As a result of these alterations, the unit will be converted to a single-family dwelling. Staff has recommended the addition of a condition to City Council's approval that will ensure the structure consists of only one dwelling unit. One of the goals for the North End, as often expressed by the North End Civic League, is to reduce the mass and scale of buildings in the area. Another goal is to encourage single-family dwellings instead of duplex dwellings. This parcel is 12,000 square feet in size and easily supports the two separate structures. If the applicant, however, demolished the existing structures, he could, by -right, build a duplex of 8,400 square feet of floor area, three stories in height. Currently the floor area of both structures is 2,826 square feet. The proposed additions to the structure will increase the floor area by 1,162 square feet for a total of 3,988 square feet on the site. Cory Langley / Nonconforming Use Application Page 2 of 3 Staff concludes that the proposed additions to the structure are in keeping with the surrounding properties and meet the goal of reducing building mass and scale in this neighborhood. ■ Recommendations: The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The neighborhood is an eclectic mix of single-family bungalows and cottages, and two and three story duplexes. 1. The existing structure shall be converted to a single-family dwelling. The first floor apartment shall be eliminated. 2. The applicant shall submit a tree preservation plan to the Current Planning Division of the Planning Department before any land disturbance or construction begins. If any of the trees are damaged or removed from the site without approval of the Current Planning Division of the Planning Department, they shall be replaced with the same species at a 2:1 ratio. 3. The additions shall substantially adhere to the submitted first and second floor "after" plans (pages 2 and 3), which were submitted with the application and are part of this report. They have been exhibited to the City Council and are on file in the Virginia Beach Planning Department. 4. The applicant shall submit a list of proposed building materials and colors to the Current Planning Division of the Planning Department during detailed site plan review. The applicant shall use high quality building materials such as hardi-plank siding, brick, and architectural grade roofing shingles. Exterior trim shall be wrapped with vinyl. The use of vinyl siding on the body of the building is strongly discouraged. 5. The applicant shall submit a re -subdivision plat vacating the interior property line before final building inspections are performed. ■ Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Approval. / Submitting Department/Agency: Planning Department / City Manage . 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 8006 AND 8008 ATLANTIC AVENUE, LYNNHAVEN 4 DISTRICT 5 WHEREAS, Cory Langley (hereinafter the "Applicant"), has made application to 6 the City Council for authorization to enlarge a nonconforming use with an addition to a 7 duplex structure on a certain lot or parcel of land having the address of 8006 and 8008 8 Atlantic Avenue, in the R -5R Zoning District; and 9 10 WHEREAS, the said use is nonconforming, as the parcel contains both a single - 11 family dwelling and a duplex, which is not presently allowed in the R -5R Zoning District 12 but was constructed prior to the adoption of the Zoning Ordinance; and 13 14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 15 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 16 City Council authorizing such action upon a finding that the proposed use, as enlarged, 17 will be equally appropriate or more appropriate to the zoning district than is the existing 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing use. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 That the proposed enlargement of the duplex dwelling is hereby authorized, upon 30 the following conditions: 31 32 1. The existing structure shall be converted to a single-family dwelling. The first 33 floor apartment shall be eliminated. 34 35 2. The applicant shall submit a tree preservation plan to the Current Planning 36 Division of the Planning Department before any land disturbance or 37 construction begins. If any of the trees are damaged or removed from the site 38 without approval of the Current Planning Division of the Planning Department, 39 they shall be replaced with the same species at a 2:1 ratio. 40 41 3. The additions shall substantially adhere to the submitted first and second floor 42 "after" plans (pages 2 and 3), which were submitted with the application and 43 are part of this report. They have been exhibited to the City Council and are 44 on file in the Virginia Beach Planning Department. 45 46 4. The applicant shall submit a list of proposed building materials and colors to 47 the Current Planning Division of the Planning Department during detailed site 48 49 50 51 52 53 54 55 56 57 58 plan review. The applicant shall use high quality building materials such as hardi-plank siding, brick, and architectural grade roofing shingles. Exterior trim shall be wrapped with vinyl. The use of vinyl siding on the body of the building is strongly discouraged. 5. The applicant shall submit a re -subdivision plat vacating the interior property line before final building inspections are performed. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of December, 2007. APPROVED AS TO CONTENT: Planning CA10593 R-1 /November 27,, 2007 APPROVED AS TO LEGAL SUFFICIENCY: , f '41- f0 atu� N /') - I City Attorney's Office CORY LANGLEY December 11, 2007 City Council Meeting Staff Planner: Faith Christie REQUEST: Enlargement of a Nonconforminq Use for an addition to a duplex on a lot where a duplex and a single-family dwelling exists. Map 43 r rint Landing State Nark ADDRESS / DESCRIPTION: Property located at 8006 and 8008 Atlantic Avenue GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24195878440000 5 - LYNNHAVEN 12,000 square feet The applicant requests approval to enlarge a nonconforming SUMMARY OF REQUEST use. The site was developed in 1950 with two structures: (1) a single-family dwelling and (2) a single-family dwelling containing a garage and an apartment (since there are two dwelling units in this second structure, it is classified as a duplex). There are a total of three units located on this one parcel; the Zoning Ordinance allows only a single-family or a duplex within the R -5R District. Since there are three units, the units are non -conforming, and any modification requires approval from the City Council under the provisions of Zoning Ordinance. The applicant wishes to alter the second structure — the duplex. The structure contains a garage and a dwelling unit on the first floor and a dwelling unit on the second floor. The applicant proposes demolition of an existing workshop and second floor deck, and additions of a 21 -foot by 19 -foot (21' x 19') theatre room and a 14 -foot by 13 -foot (14'x 13') room on the first floor, and a 14 -foot by 16 -foot (14' x 16') sunroom and a 14 -foot by 13 -foot (14'x 13') room on the second floor. A five-foot to eight -foot wide deck is also proposed on the second floor. As a result of these alterations, the unit will be converted to a single-family dwelling. Staff has recommended the addition of a condition to City Council's approval that will ensure the structure consists of only one dwelling unit. The applicant proposes minimal land disturbance in order to save the mature live oaks on the site. CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling and a duplex dwelling exist on the site SURROUNDING LAND North: . Duplex and single-family dwellings / R -5R Residential USE AND ZONING: South: . Duplex and single-family dwellings / R -5R Residential East: . Atlantic Avenue West: . Duplex and single-family dwellings / R -5R Residential NATURAL RESOURCE AND The site is heavily treed and vegetated. There are numerous live oak CULTURAL FEATURES: trees on the site which will be protected during construction. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There is no impact to City Services. Staff recommends approval of this EVALUATION AND RECOMMENDATION request subject to the conditions listed below. One of the goals for the North End, as often expressed by the North End Civic League, is to reduce the mass and scale of buildings in the area. Another goal is to encourage single-family dwellings instead of duplex dwellings. This parcel is 12,000 square feet in size and easily supports the two separate structures. If the applicant, however, demolished the existing structures, he could, by -right, build a duplex of 8,400 square feet of floor area, three stories in height. Currently the floor area of both structures is 2,826 square feet. The proposed additions to the structure will increase the floor area by 1,162 square feet for a total of 3,988 square feet on the site. Staff concludes that the proposed additions to the structure are in keeping with the surrounding properties and meet the goal of reducing building mass and scale in this neighborhood. The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing condition. It is paramount, however, that the first floor apartment is removed, thereby reducing the density on the site to two single-family dwellings A condition ensuring the elimination of the apartment is recommended below. CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 2 CONDITIONS 1. The existing structure shall be converted to a single-family dwelling. The first floor apartment shall be eliminated. 2. The applicant shall submit a tree preservation plan to the Current Planning Division of the Planning Department before any land disturbance or construction begins. If any of the trees are damaged or removed from the site without approval of the Current Planning Division of the Planning Department, they shall be replaced with the same species at a 2:1 ratio. 3. The additions shall substantially adhere to the submitted first and second floor "after" plans (pages 2 and 3), which were submitted with the application and are part of this report. They have been exhibited to City Council and are on file in the Virginia Beach Planning Department. 4. The applicant shall submit a list of proposed building materials and colors to the Current Planning Division of the Planning Department during detailed site plan review. The applicant shall use high quality building materials such as hardi-plank siding, brick, and architectural grade roofing shingles. Exterior trim shall be wrapped with vinyl. The use of vinyl siding on the body of the building is strongly discouraged. 5. The applicant shall submit a re -subdivision plat vacating the interior property line before final building inspections are performed. 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. CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 3 PROPOSED 2ISTORYAMMON_ LOT 8 RE14OVE EX DECK RELOCATED STEPS FROM FRONT — [--REMOVE WORKSHOP L0T 7 EX. 2-F RESD. #8008 J EXIST. STEPSUNE OF _ RELOCATE DOG FLOOR DECK 2nd STEPS TO SOUTH SDE IE OF NEW 2n(L FLOOR N I Z V V [A 8 O of LOT 4 n f ^ Oa a.Y H n ¢m W E)L 1 STY SR. RESD.I #8006 z ATLANTIC AVENUE (120' R/W) M.B. 7 P. 79 VARIANCE EXHIBIT LOT 3 & SOUTHERN 30' OF LOT 2 BLOCK 16 - SEC11ON D CAPE HENRY SYNDICATE M.B. 7 P. 79 VIRGINIA BEACH, VIRGINIA SCALE: l'-20' JUNE 28, 20107 GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 PROPOSED SI TE PLAN CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 5 m CL L a M!rf_= a N — o O a J LV �. W 4 NW = a �m m g L C. M!rf_= a o _ 4 1; L C. 3 Y �o W 1!S � r N M d L �? X ,p O V N N tea° EXISTING CONDITIONS CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 6 d G dQ X ,p O V QJ a qQ e 460 • N N N uQG PROPOSED FIRST FLOOR PLAN CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 7 erf e N di G I- G a C m r ami da a, ti Clad as N NNS aaa�o �O N 09C "'«Or CC CF G93 A G0 aa0C- O Op 0x 0 E .0"O"'Ia. +�L O Q um V O d N x 4,0 �► C Q � LU V t 7 d m -d YrEE> o iii � _ N > xV ^uOrco .r �. E en � 41 iii C 5 v -'c OIYaa�sd°'ia CL H Q = Q 6mar^Eacci2 O. ih 8 AL =is OUV.9&.2 L6 � 16 Z Ntsp aZCICI L �r.yaraai33d.a+ ar Qwv 3 V�at+41tCCGO s s s s s s s s s -- d u ... G a ,. V-16 IY C d d V .' Cf a a N � to � G d G dQ X ,p O V QJ a qQ e 460 • N N N uQG PROPOSED FIRST FLOOR PLAN CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 7 PROPOSED SECOND FLOOR PLAN CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 8 EY 00 0 pa9 C E O 0 sN9 Z =se O y a � � y • UM Q aXNC E—O� LA.N O_ O°°> LY m � 10a 3L3Y 0 "' 4 cdas3 N $ CC V m .0 7 O ME O Q NE 3 e � O 9 Y Q V O O- i +O' "nM77 O 4;v Y�� / I'S V E •0 � N = 6 L7TM N d V GC PROPOSED SECOND FLOOR PLAN CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 8 m I 1. 8/28/89 1 Subdivision Variance I Denied ZONING HISTORY CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 11 z C) c�3 a.. w DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business. or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) © Check here if the applicant is NOT a corporation. partnership, firm, business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership. firm. business. or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers. members. trustees. partners. etc. below: (Attach list if necessary) Cory Langley 2. List all businesses that have a parent -subsidiary' or affiliated business entity= relationship with the applicant: (Attach list if necessary) ® Check here if the property owner is NOT a corporation. partnership. firm, business. or other unincorporated organization. & - See next page for footnotes Non -Conforming Use Application Page 8of9 Revised 7 11,06 CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services. real estate services, financial services, accounting services. and legal services: (Attach list if necessary) Right Coast Consulting. William Gambrell, Land Planner ' "Parent -subsidiary relationship" means -a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.- See State and Local Government Conflict of Interests Act. Va Code § 2.2-3101. - "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 22-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view tl3g site for purposes of processing and evaluating this application. r Non -Conforming Use Application Page 9 of 9 Revised 7,11:06 J than applicant) I ► / �5 F Tint Name Print Name CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 13 CORY LANGLEY / NON -CONFORMING USE MODIFICATION December 11, 2007 City Council Meeting Page 14 .�.:. y iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property located at 7212 Atlantic Avenue. DISTRICT 6 — BEACH MEETING DATE: December 11, 2007 ■ Background: The properties along Atlantic Avenue from 72nd Street to 73rd Street were developed as one entity. The buildings are laid out in a courtyard style with shared gardens and walks. A lane runs behind the buildings providing access to garages and parking areas. Most of the buildings are situated on separate lots without any encroachments, except for this application and the structure at 7216 / 7220 Atlantic Avenue. The site is made nonconforming because there is a large detached garage that straddles the property line between this lot, Lot 3, and the lot to the south, Lot 4. The garage was constructed at the same time the dwellings were built and provides parking for six (6) vehicles. Considerations: The applicant desires to add a 10 -foot by 22 and 1/2 foot (10' x 22.5') sunroom addition to her existing duplex dwelling. The applicant desires to construct the proposed sunroom on the side of her dwelling adjacent to the feeder road along Atlantic Avenue. The proposed sunroom will encroach 10 -feet into the front yard setback. The North End Planning and Design Review Committee reviewed the proposal and are supportive of the request. A similar sunroom exists at 7112 Atlantic Avenue. ■ Recommendations: The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The sunroom shall be constructed substantially in accordance with the site plan and building elevations, which were submitted with the application and are part of this report. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. Building materials shall substantially conform to the existing dwelling materials and surrounding uses. Nancy Richardson / Nonconforming Use Application Page 2 of 2 ■ Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: '` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 7212 ATLANTIC AVENUE, BEACH DISTRICT WHEREAS, Nancy Richardson (hereinafter the "Applicant"), has made application to the City Council for authorization to enlarge a nonconforming use with an addition to a duplex structure on a certain lot or parcel of land having the address of 7212 Atlantic Avenue, in the R -5R Zoning District; and WHEREAS, the said use is nonconforming, as the parcel contains both a duplex structure and a shared garage structure, which is not presently allowed in the R -5R Zoning District but was constructed prior to the adoption of the Zoning Ordinance; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the duplex dwelling is hereby authorized, upon the following conditions: 1. The sunroom shall be constructed substantially in accordance with the site plan and building elevations, which were submitted with the application and are part of this report. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. Building materials shall substantially conform to the existing dwelling materials and surrounding uses. 2. Building materials shall substantially conform to the existing dwelling materials and surrounding uses. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of December, 2007. APPROVED AS TO CONTENT: Plannir CA10592 R-1/November 28, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City A IflAk A'NVAl orney's Office NANCY RICHARDSON December 11, 2007 City Council Meeting Staff Planner: Faith Christie REQUEST: Alteration to a Nonconforming Use for an addition to an existing duplex. ADDRESS / DESCRIPTION: Property located at 7212 Atlantic Avenue GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24196641770000 5 - LYNNHAVEN 7,500 square feet The applicant desires to add a 10 -foot by 22 and 1/2 —foot (10' SUMMARY OF REQUEST x 22.5') sunroom addition to her existing duplex dwelling. The properties along Atlantic Avenue from 72nd Street to 73 Street were developed as one entity. The buildings are laid out in a courtyard style with shared gardens and walks. A lane runs behind the buildings providing access to garages and parking areas. Most of the buildings are situated on separate lots without any encroachments, except for this application and the structure at 7216 / 7220 Atlantic Avenue. The site is made nonconforming because there is a large detached garage that straddles the property line between this lot, Lot 3, and the lot to the south, Lot 4. The garage was constructed at the same time the dwellings were built and provides parking for six (6) vehicles. The applicant desires to construct the proposed sunroom on the side of her dwelling adjacent to the feeder road along Atlantic Avenue. The proposed sunroom will encroach 10 -feet into the front yard setback. The North End Planning and Design Review Committee reviewed the proposal and are supportive of the request. A similar sunroom exists at 7112 Atlantic Avenue. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is occupied by a duplex dwelling and a portion of a detached garage that is shared with the lot and dwellings immediately south of the site. SURROUNDING LAND North: . Duplex dwelling / R -5R Residential USE AND ZONING: South: . Duplex dwelling / R -5R Residential East: . Atlantic Avenue (feeder road) West: . Two single-family dwellings / R -5R Residential NATURAL RESOURCE AND The site is landscaped with mature shrubs and trees. There are no CULTURAL FEATURES: known cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There is no impact to City Services. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the conditions below. CONDITIONS 1. The sunroom shall be constructed substantially in accordance with the site plan and building elevations, which were submitted with the application and are part of this report. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. Building materials shall substantially conform to the existing dwelling materials and surrounding uses. 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. PROPOSED 1. 6/23/98 1 Alteration to a Nonconforming Use I Appi7oved ZONING HISTORY NANCY RiCHARDSQN December 11, 2007 City :Council Meeting, Rage 7. ADOMONAL DISPLOSURF$ mvontonlralftorg or b. uc-r'tip' sw.$.Ih 8- t -have or Mli pwovd.e - ser%kes Wi!�' refsp--ct to Oe Services. real. es'asle servi4M4� acc6wiving servilmi and lfmpl iist if rmfmnary) WPL, Landscape Architecture, Land Surveying, and Civil Engineering GPC, Agent for Applicant ............................. V W.-FIAM ';3 rROtiMSN c-omwzilifw1 ;Jes-';Ay 3;--xf3i3 :iihnres pmmos'si'19- room thW 5.0: morcomf :- f 'JoWtj -V �f Rn(')tbq-? o'�rm!nai-'WC Sot., Staglo and L*m' Gowmman! 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'aa& .O. 63y -s 1>111-1T to -me --&I 'iia rwmzit; ht -wing accosoir-�.qb-: lki':S Ibe 3jf'o to -mtry 14.),)a i#ia %Wer.l rwop�'54S by empic<yem of v14 Lledm:'kmismf of I 3nn".Tv Io rk's.-Inamp3' •3f i 'mvwt?v for wo?vsme; V _q andmwa* w-irig ft& j Prid f me: Modification of Conditions CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of Southeast Marine Group, L.L.C. for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at 2272 Old Pungo Ferry Road (GPINs 2309236398; 2309336649). DISTRICT 7 — PRINCESS ANNE. b) Application of Southeast Marine Group, L.L.C. fora Modification of Conditions for a request approved by City Council on April 11, 1966. Property is located at 2272 Old Pungo Ferry Road (GPINs 2309236398; 2309336649). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: December 11, 2007 ■ Background: A Conditional Use Permit permitting recreation facilities, 53 cabins, marina, and marine sales and service was approved by the City Council on April 11, 1966. The applicant wishes to modify that Conditional Use Permit to include dry storage for boats and trailers, a restaurant, and a pool / recreational area for boaters. The existing restaurant will be demolished and replaced with a smaller building. The parking areas on the site will be paved and landscaped, and a stormwater management facility will be installed. With the addition of the dry storage building and the paving of the parking areas, a floodplain variance for minor fill and no mitigation, and a variance to the Southern Watersheds Management Ordinance for encroachments into the required 50 -foot buffer are required. On November 27, the City Council deferred these applications to the December 11 City Council meeting, providing time for the applicant and the staff to meet to discuss revisions to the building elevations. The staff has met with the applicant, and revised elevations introducing more architectural elements and increased detail have been provided. ■ Considerations: The submitted plan depicts a 92,307 square foot boat storage facility situated 98 - feet from Old Pungo Ferry Road and 30 -feet from the property to the east. The proposed 3,000 square foot restaurant and pool / recreation area will be located on the foundation of the existing restaurant. Two hundred (200) parking spaces will be provided for customers and staff. Street frontage landscaping, parking lot landscaping and buffering adjacent to the rural residential area is also depicted on the plan. Southeast Marine Group, L.L.C. Page 2 of 4 The exterior of the proposed dry storage building will be metal panels with different ribbing width to provide some architectural relief on the building walls. Decorative window -like accent panels are proposed, some with light fixtures and some with awnings, to further break up the mass of the building walls. Raised towers are depicted over some of the double doors of the building and are reminiscent of older designs for Coast Guard Stations in the region. The proposed building height is 59 -feet, 2 -inches at the top of the towers. Proposed height at the eaves of the building is 39 -feet, 6 -inches. The overall average height of the building is 49 -feet, four inches. The proposed dry storage facility will accommodate up to 648 boats. The variance request is to allow fill within the floodplain to accommodate the proposed dry storage building, the re -paving of existing parking areas and paving of proposed parking areas, and general rehabilitation of the site. The applicant cannot mitigate at a one for one replacement on the site as there is insufficient area outside of the floodplain to allow mitigation. The applicant's request, therefore, is to allow a variance such that no mitigation is provided on the site. The proposed request to construct a boat and trailer dry storage facility, restaurant, and a pool and recreational area for boaters is a valuable service for the area. The existing facility is a traditional stopping point for many boaters using the Intracoastal Waterway and is in need of rehabilitation. The proposed repaving of existing parking areas, provision for additional parking, installation of a stormwater management facility and landscaping will do much to improve the appearance of the site and provide for stormwater management where none currently exists. Installation of a pump -out facility for remnant sewage will help improve water quality adjacent to the site. The proposed building will be fully sprinkled and have at least one internal fire wall. The fire suppression system will be supplied by an on-site water storage facility that will be completely concealed from public view. There was opposition to the request. Condition 13 was revised during the hearing to address the concern of the opposition pertaining to potential damage to wells in the area. ■ Recommendations: The Planning Commission passed a motion by a motion by a recorded vote of 11-0 to approve the requests with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 11, 1966 remain in affect, except the applicant may not construct the allowed 53 cabins. 2. The site shall be developed and rehabilitated in substantial conformance with the submitted plan entitled "CUP Exhibit for Pungo Ferry Marina Expansion, Southeast Marine Group, L.L.C. Page 3 of 4 Virginia Beach, Virginia," prepared by SIA Site Improvement, Civil Engineers, Surveyors and Site Contractors, dated 7/20/07, except for modifications enumerated in the conditions that follow. 3. The applicant shall use porous pavers or porous concrete in the parking areas adjacent to the proposed restaurant (38 spaces), the existing general store (86 spaces), and the rear of the proposed dry storage (30 spaces). 4. The applicant shall install a four -foot high white PVC picket fence with evergreen trees along the entire length of the eastern property line adjacent to the rural residential homes and 125 -feet westerly along the frontage adjacent to Old Pungo Ferry Road. 5. Within the proposed buffer area adjacent to the eastern property line, the applicant shall plant a row of six to eight foot tall evergreen trees limbed to the ground, such as Leyland Cypress or Deodar Cedar, 10 -foot on center, and a row of three to four -foot tall evergreen shrubs, such as rhododendrons or wax myrtles, four -foot on center. Perennial and /or seasonal annual flowers shall also be planted. 6. The proposed buildings on the site (dry storage and restaurant) shall be constructed in substantial conformance with the submitted plan entitled "PUNGO FERRY MARINA", Sheet A-1, prepared by Martin and Martin Architects, except a third cupola shall be added on the eastern side of the building. The cupolas should be spaced approximately 100 -feet apart on the building. The building shall not exceed 60 -feet at the highest point and at the eave shall not exceed an average height of 39 -feet. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. The primary building colors shall be earth toned, tan and cream with white trim or light and dark gray with white trim. The proposed standing seam roofing shall be blue, gray, white, or green. 7. Before any land disturbing activity takes place, a Southern Watershed Management Plan must be submitted for review and approval. 8. The existing shed(s) adjacent to the eastern side of the site shall be removed before construction of the dry storage building. 9. There shall be no disposal of remnant sewage from users of the site. The applicant shall install a sewage / wastewater pump -out facility sufficient to accommodate users of the site. The applicant shall obtain Health Department approval for the system. 10. The applicant shall submit a photometric lighting plan, with emphasis on the use of full cut-off fixtures for all parking lot lighting and any outside building mounted lighting (wall packs). The building mounted lighting shall have Southeast Marine Group, L.L.C. Page 4 of 4 appropriate shielding that directs light downward. The plan shall also include provisions for implementing low-level security lighting for non -business hours. Low-level security lighting shall be implemented along the residential areas adjacent to the site from 11:00 p.m. to 7:00 a.m. All lighting on the site should be consistent with the standards recommended by the Illuminating Engineering Society of North America. 11. Hours of operation for the dry storage building shall be from 7:30 a.m. to dark; for the restaurant (bar, tiki hut) shall be 10:00 a.m. to 10:00 p.m., Sunday through Thursday, and 10:00 a.m. to 11:00 p.m., Friday and Saturday; for the pool and recreation area 9:00 a.m. to dark. 12.AII repairs shall be conducted within the building. There shall be no inoperable or junked boats or trailers stored outside. 13. Based on well failures during the construction of the Pungo Ferry Bridge, water samples shall be taken from homeowners' wells west of the "Drainfield Parcel", identified as GPIN 2309-33-6649-0000 and north of Pungo Ferry Road. If such sampling demonstrates any damage to the wells or declines in water potability during construction and rehabilitation of the site, the developer / applicant shall be responsible for replacing impacted wells. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentfAgency: Planning Department City Manager: S6ri� 'C"V SOUTHEAST MARINE GROUP, LLC Agenda Items 16 & 17 October 10, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: 16) Modification of the Conditional Use Permit approved by the City Council on April 11, 1966 17) Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations ADDRESS / DESCRIPTION: Property located at 2272 Old Pungo Ferry Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 23092363980000 7 — PRINCESS ANNE 20.55 acres (19.08 within the floodplain) 23093366490000 and 2.37 acres APPLICATION HISTORY: The request was deferred at the September 12, 2007 Planning Commission meeting so the applicant could address concerns raised by adjacent property owners. The applicant met with adjacent property owners and the concerns have been addressed. The Conditional Use Permit permitting recreation facilities, 53 SUMMARY OF REQUEST cabins, marina, and marine sales and service was approved by the City Council on April 11, 1966. The Conditional Use Permit has two stipulations: • Dedication of 40 -feet from the center line along 1,250 -foot frontage (north side), 2,530 -foot frontage (south side) of Pungo Ferry Road. • Departmental review and approval in accordance with the site plan ordinance. The applicant wishes to modify the existing Conditional Use Permit to include dry storage for boats and trailers, a restaurant, and a pool / recreational area for boaters. The existing restaurant will be demolished and replaced with a smaller building. The parking areas on the site will be paved and landscaped, and a stormwater management facility will be installed. With the addition of the dry storage building and the paving of the parking areas, a floodplain variance for minor fill and no mitigation, and a variance to the Southern Watersheds Management Ordinance for encroachments into the required 50 -foot buffer are required. The submitted plan depicts a 92,307 square foot boat storage facility situated 98 -feet from Old Pungo Ferry Road and 30 -feet from the property to the east. The proposed 3,000 square foot restaurant and pool / recreation area will be located on the foundation of the existing restaurant. Two hundred (200) parking spaces will be provided for customers and staff. Street frontage landscaping, parking lot landscaping and buffering adjacent to the rural residential area is also depicted on the plan. The exterior of the proposed dry storage building will be metal panels with different ribbing width to provide some architectural relief on the building walls. Decorative window -like accent panels are proposed, some with light fixtures and some with awnings, to further break up the mass of the building walls. Raised towers are depicted over some of the double doors of the building and are reminiscent of older designs for Coast Guard Stations in the region. The proposed building height is 59 -feet, 2 -inches at the top of the towers. Proposed height at the eaves of the building is 39 -feet, 6 -inches. The overall average height of the building is 49 -feet, four inches. The proposed dry storage facility will accommodate up to 648 boats. Variance to Section 5B of Site Plan Ordinance, Floodplain _Reaulations Section 5B.5(c): This section of the Site Plan Ordinance does not permit filling within the floodplain subject to special restrictions. A variance to Section 5B of the Site Plan Ordinance (floodplain variance) is necessary to allow the fill of the existing area of the floodplain on the property. Total Surface Area of the site = 894,585 square feet (20.54 acres) • Total Surface Area within the Floodplain = 831,027 square feet (19.08 acres) • Total Surface Area covered by Fill within the Floodplain = 244,160 square feet (5.61 acres) • Percentage of Floodplain Surface Covered by Fill = 29.40% The Site Plan Ordinance also requires that mitigation be provided at a one for one replacement for the flood storage volume of the floodplain filled, and that the areas of mitigation or replacement must be contiguous to the existing floodplain. • Existing 100 -year floodplain storage volume = 3,125,603 Cubic Feet (C.F.) • Volume of fill within the floodplain = 549,360 Cubic Feet (C.F.) • Mitigation Areas for fill volume = "0" Cubic Feet (C.F.) • Post Developed 100 -year floodplain storage volume = 2,576,243 Cubic Feet (C.F). The variance request is to allow fill within the floodplain to accommodate the proposed dry storage building, the re -paving of existing parking areas and paving of proposed parking areas, and general rehabilitation of the site. The applicant cannot mitigate at a one for one replacement on the site as there is insufficient area outside of the floodplain to allow mitigation (only 1.46 acres). The applicant's request, therefore, is to allow a variance such that no mitigation is provided on the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Marina, convenience store, and vacant former restaurant SURROUNDING LAND North: • A finger of the North Landing River, wetlands and woods / AG -1 USE AND ZONING: Agricultural South: • Old Pungo Ferry Road • Across Old Pungo Ferry Road is a single-family dwelling, farm fields and woods / AG -2 Agricultural East: . A finger of the North Landing River and single-family dwellings / AGA and AG -2 Agricultural West: . North Landing River NATURAL RESOURCE AND The site is located within the Southern Watershed Management Area, CULTURAL FEATURES: North Landing River watershed. The site has a sandy beach adjacent to the river. There is minimal vegetation on the site. Land records indicate the site was developed in 1919. Residents living in the area before the site was developed crossed the North Landing River, between Pungo and Blackwater, via a barge that was pulled back and forth with an underwater cable. The Pungo Ferry swing bridge was built in 1953 and was replaced in 1992 with a new bridge span. Several historic homes and outbuildings exist in the immediate 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 (CIP): Old Pungo Ferry Road is a two-lane collector road, and Princess Anne Road, near the site, is a two-lane rural highway. There are no Capital Improvement Program projects scheduled for either roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Old Pungo Ferry Road Not available 8,700 ADT Existing Potential Land Use z-15,938 ADT Princess Anne .Road 5,100 ADT (327 peak hour) 8,700 ADT (460 peak hour) Proposed Land Use 3— 1,037 (Sunday - peak) ADT nveiagn Wa uy Ii PS las defined by 22.90 acres of B-4 Mixed Use Districtzoning 3as defined by 22.90 acres Marina, 3,00 square foot restaurant, and 1,500 square foot store WATER and SEWER: There is no City water or sewer available to the site. The site relies upon on-site sewage disposal and water supply wells. The applicant will need approval from the Virginia Department of Health for upgrading or replacing these systems. FIRE: An approved water supply capable of supplying the required fire flow for fire protection is required by the Uniform Statewide Fire Prevention Code. The water supply system shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other approved fixed systems capable of providing the required fire flow to a fire hydrant system. An approved automatic water supply is also needed for the fire sprinkler system that will be required for the boat storage facility. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification and floodplain variance, as conditioned below. Comprehensive Plan: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agricultural/rural with uses related to farming, forestry, rural residential and other rurally compatible uses. "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). The Plan recognizes this site's continual use over the years for marine -related uses. Its continued use for such purposes is appropriate within the Rural Area if properly designed to be compatible to the surrounding area. Evaluation: The proposed request to construct a boat and trailer dry storage facility, restaurant, and a pool / recreational area for boaters is a valuable service for the area. The existing facility is a traditional stopping point for many boaters using the Intracoastal Waterway and is in need of rehabilitation. The proposed repaving of existing parking areas, provision for additional parking, installation of a stormwater management facility and landscaping will do much to improve the appearance of the site and provide for stormwater management where none currently exists. Installation of a pump -out facility for remnant sewage will help improve water quality adjacent to the site. The proposed building will be fully sprinkled and have at least one internal fire wall. The fire suppression system will be supplied by an on-site water storage facility that will be completely concealed from public view. The proposed building, while large in size, should blend in with the area once the proposed landscaping is mature. Staff, therefore, recommends approval of the requests subject to the conditions listed below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 11, 1966 remain in affect, except the applicant may not construct the allowed 53 cabins. 2. The site shall be developed and rehabilitated in substantial conformance with the submitted plan entitled "CUP Exhibit for Pungo Ferry Marina Expansion, Virginia Beach, Virginia," prepared by SIA Site Improvement, Civil Engineers, Surveyors and Site Contractors, dated 7/20/07, except for the following: 3. The applicant shall use porous pavers or porous concrete in the parking areas adjacent to the proposed restaurant (38 spaces), the existing general store (86 spaces), and the rear of the proposed dry storage (30 spaces). 4. The applicant shall install a four -foot high white PVC picket fence with evergreen trees along the entire length of the eastern property line adjacent to the rural residential homes and 125 -feet westerly along the frontage adjacent to Old Pungo Ferry Road. 5. Within the proposed buffer area adjacent to the eastern property line the applicant shall plant a row of six to eight foot tall evergreen trees limbed to the ground, such as Leyland Cypress or Deodar Cedar, , 10 -foot on center, and a row of three to four foot tall evergreen shrubs, such as rhododendrons or wax myrtles, four -foot on center. Perennial and /or seasonal annual flowers shall also be planted. 6. The proposed buildings on the site (dry storage and restaurant) shall be constructed in substantial conformance with the submitted plan entitled "PUNGO FERRY MARINA", Sheet A-1, prepared by Martin and Martin Architects, except a third cupola shall be added on the eastern side of the building. The cupolas should be spaced approximately 100 -feet apart on the building. The building shall not exceed 60 -feet at the highest point and the height at the lowest shall not exceed an average height of 39 -feet. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. The primary building colors shall be earth toned, tan and cream with white trim or light and dark gray with white trim. The proposed standing seam roofing shall be blue, gray, white, or green. 7. Before any land disturbing activity takes place, a Southern Watershed Management Plan must be submitted for review and approval. 8. The existing shed(s) adjacent to the eastern side of the site shall be removed before construction of the dry storage building. 9. There shall be no disposal of remnant sewage from users of the site. The applicant shall install a sewage / wastewater pump -out facility sufficient to accommodate users of the site. The applicant shall obtain Health Department approval for the system. 10. The applicant shall submit a photometric lighting plan, with emphasis on the use of full cut-off fixtures for all parking lot lighting and any outside building mounted lighting (wall packs). The building mounted lighting shall have appropriate shielding that directs light downward. The plan shall also include provisions for implementing low-level security lighting for non -business hours. Low-level security lighting shall be implemented along the residential areas adjacent to the site from 11:00 p.m. to 7:00 a.m. All lighting on the site should be consistent with the standards recommended by the Illuminating Engineering Society of North America. 11. Hours of operation for the dry storage building shall be from 7:30 AM to dark; for the restaurant (bar, tiki hut) shall be 10:00 AM to 10:00 PM, Sunday through Thursday, and 10:00 AM to 11:00 PM, Friday and Saturday; for the pool and recreation area 9:00 AM to dark. 12. All repairs shall be conducted within the building. There shall be no inoperable or junked boats or trailers stored outside. 13. Given the fact there were so many well failures during the construction of the Pungo Ferry Bridge, water samples shall be taken from homeowners' wells OR ttie i•~^leddi to aFea west of the Drainfield Parcel identified as 2309-33-6649-000 and north ofPungo Ferry Road, and if any damage occurs or water quality potability declines during construction and re -habilitation of the site the developer/ applicant shall be responsible for replacing the wells. 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 (CPTEO) concepts and strategies as they pertain to this site. PROPOSED FLOODPLAIN PLAN PROPOSED BUILDING ELEVATION (from Old Pungo Ferry VIEW OF BUILDING (from Pungo Ferry Bridge) SOUTHEAST MARK Agen VIEW OF BUILDING (showing design details) 1. 4/11/66 Conditional Use Permit (Cabins, marina, marine sales and Approved service 2. 5/9/06 -Conditional Use Permit (Alternative Residential Development) Approved 2/22/05 Conditional Use Permit (Communication Tower) Approved 8/14/01 Conditional Use Permit Borrow Pit Denied ZONING HISTORY SOUTHEAST .. . ....... I . ..... ..... ..... - .... ...... 11.11 ........ - ... - ..... .hOl�d'JiIddF �NOIZ[QN4� d4 N011YJI�IQON jo VOIZtrJI3IQOs� NOUNT70110011 M HIM OME N. VILA ;PAJ thf-Aw Im AMP A M. 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Sul ME—an show Z A W 521ovs va"AN R9 z 21 Ova "Enema E aw an, I coca-, a AT -TW_ W 515" 1 A ny S, a Aw"A oil M�Sf _ Q goo C i I SO assuRs ti sm jW a Q n f too= a A %Kaz A A colas 010- 0 Hills. IS won Items #16 & 17 Southeast Marine Group, L.L.C. Flood Plain Regulations Modification of Conditions 2272 Old Pungo Ferry Road District 7 Princess Anne October 10, 2007 I -M01l fi 7 Joseph Strange: The next items are items 16 and 17. Southeast Marine Group, L.L.C. An application of Southeast Marine, L.L.C. for a Variance to Section 5B of the Site Plan Ordnance, Floodplain Regulations on property located at 2272 Old Pungo Ferry Road and an application of Southeast Marine, L.L.C. for a Modification of Conditions approved by City Council on April 11, 1966. The property is located at 2272 Old Pungo Ferry Road, District 7, Princess Anne, with 13 conditions. Barry Knight: Welcome Eddie. Eddie Bourdon: Thank you Mr. Chairman. For the record, Eddie Bourdon, a Virginia Beach attorney representing Southeast Marine Group, L.L.C, and also down here this afternoon are Mr. Paul Martin, the architect on the project, and Mr. Claude Lem with Site Improvements Associates, the engineer on the project. I recognize that this application was slated for the consent agenda, and I'll try to keep this very brief. You see the Pungo Ferry Marina site, where Captain's George has operated for many years. It is a nice beach area, and the marina that was approved by a Use Permit 41 years ago, and parts of the property looked like they, and haven't been improved since that application was approved 41 years ago. The applicants have contracted to purchase the property, and have invested some substantial sum of money in upgrading the facility, as they are acquiring and operating other facilities along the Intracoastal Waterway from New England to Florida. The proposal involves the construction of a dry storage building, and a dry storage building is basically a barn for boats. A very attractive one, I would assert, along with taking down the existing restaurant and building a smaller restaurant on the same footprint of the concrete foundation, and also providing a full playground. The property is a jewel in the southern part of the city, and it is certainly in need of some refurbishment, and this what application involves. We have been fortunate enough to have had the opportunity to work with staff, Faith Christie, and the Planning staff, as well as with two of the neighbors to the property, both Mr. Yoder and Mr. Styron, and have come up with the conditions that you see in your staff evaluation. There are a couple of wording issues that I'm going to talk about in just a second. The end result is that you have a marina that's right up to standards and most importantly these improvements are going to include providing a dump station for effluent from the boats, not just at this marina but those that utilize the river, which is very, very, very significant and very needed, and it is an expensive addition that the client has agreed to install. I think that is something that is worth noting especially in terms of water quality. The entire property is in a flood plain. We will minimize those will have to be regrade and upgrade the parking. It involves some minimal to Items #16 & 17 Southeast Marine Group, L.L.C. Page 2 fill the floodplain. That is all summarized, and it is recommended for approval. With that, the only issues that I want to raise, between our issues, and there are two wording questions. The first deals with the fact that during construction of the new bridge, the Pungo Ferry Bridge, that is too tall for Mr. Knight to jump off of, without fear of injury, there were apparently some problems with some well impacts in the area with the driving of those pilings. This building, which is going to be entirely made of non combustible material, is entirely sprinkled. It will be built on pilings, not nearly the same level of construction to put them in as was the case with the bridge, but because of the potential there might be impact, and condition 13 is acceptable. We would ask that the limitation be basically 500 -feet from the restaurant site. What we are trying to accomplish in terms of protecting wells. Could you put up the aerial? The house here and the houses here from the potential that their might be an impact from the well, and we will test their well water and provide the tests to them and to the City before construction. If there are any afterwards, we'll again test for any problems with the wells, and we will replace them. We don't anticipate that at all but as a precaution, we are certainly willing to do that but the idea is to protect everybody's well around, because construction is not anywhere near that intense. The second issue is a slight wording change. Condition 6, the second sentence which begins towards the right hand margin of the fourth line states that "the building shall not exceed 60 -feet at the highest point and the height at the lowest eave shall not exceed an average height of 39 -feet". First of all, the word lowest shouldn't be included in there. It should be the eave height or the height at the eave shall not exceed an average height of 39 feet, and it is 39 feet six inches. And that is referenced over in the write up itself on page 2 of the write up where it says the "height of the eaves of the building is 39 -feet, 6 -inches". That is the average height of the eaves of the building. That is every one's understanding. I've already reviewed that with Ms. Christie. You can certainly speak to her about that. I also want to point out that my clients have agreed to limit the hours of operation of the restaurant, even though it s a by -right use on that piece of property, the marina is the only part that needs a Use Permit. There is no provision here for a facility to do boat repair work. But any minor repair that might be done to a boat will be done inside the building per one of the conditions. But this is not a repair facility. Barry Knight: Thank you. Are there any questions of Mr. Bourdon at this time? Thank you. Eddie Bourdon: Thank you. Joseph Strange: Yes. We have one speaker who is signed up to speak in opposition. Mike Yoder. Barry Knight: Do you care to speak or address us? You are more than welcome to. Mike Yoder: Hello folks. I'm not good at speaking amongst a bunch of people. Barry Knight: Welcome. Just state your name for the record. Mike Yoder: Mike Yoder. I live at 2424 Old Pungo Ferry Road. Items #16 & 17 Southeast Marine Group, L.L.C. Page 3 Barry Knight: Mr. Yoder? Just take that laser in the comer and just point over there and show everyone where you live. Mike Yoder: Right there. Barry Knight: Mr. Styron lives in front of you. Mike Yoder: I live here, and Mr. Styron lives there. Barry Knight: Right. Okay. Mike Yoder: The only objection I have is what Mr. Bourdon just said, 500 feet from the old restaurant. My house is more than 500 feet from the old restaurant. Barry Knight: We'll get your house included Mr. Yoder. Mike Yoder: Faith and I were just talking a minute ago. Why don't we say something like, Eddie, from the septic tank field west? Eddie Bourdon: I mentioned that. I apologize. Mike Yoder: That's okay. Barry Knight: Why don't we include the Styron house, the Bright House, and the Yoder house? Eddie Bourdon: Anything west of the drain field. Mike Yoder: That is the only thing west of the drain field. Barry Knight: Sure. We'll make sure that you're noted in the conditions. Mike Yoder: That is wonderful. Thank you. Barry Knight: Are there any other concerns Mr. Yoder? Mike Yoder: No sir. Everybody did a great job. They have all done everything they said they were going to do. I don't like the building, but it is better than 50 kids chasing my horses around so, we're in good shape. Thank you. Barry Knight: Thank you Mr. Yoder. Are there any other speakers Mr. Strange? Joseph Strange: That concludes our speakers. Barry Knight: Mr. Bourdon? Do you have anything to add? Items #16 & 17 Southeast Marine Group, L.L.C. Page 4 Eddie Bourdon: I'm sorry for my lack of measure. Barry Knight: Could you help us structure condition 13? Would you just like to include the three homes and name them by owners? Would that make it as easy? Eddie Bourdon: I think the easiest way to do would be to suggest any wells located to the west of the drain field site of this property, which is this here. All these houses would all be located to the west. And we could say north of Pungo Ferry Road, north of Pungo Ferry Road and west of the drain field for this facility, which is located to the east of the property that is in question. Barry Knight: Okay. Are there any questions for Mr. Bourdon? Eddie Bourdon: That way if they change ownership. Barry Knight: Okay. Is there any discussion? Donald Horsley: That map there says Old Pungo Ferry Road over there. Eddie Bourdon: I'm sorry. That's the old one. North of Pungo Ferry Road. Donald Horsley: The only comment that I would like to make is that I think it is an outstanding project, that people in the area have been wondering what is going to happen to this site for the last couple of years since Captain George's closed. The restaurant amenity down there is really being missed by a lot of the local people who like to do. I'm glad that some sort of restaurant is being put back down there. I'm sure it is going to be great. With that said, I'm ready to make a motion that the application be approved, item 16 the Use Permit and item 17 the variance to the floodplain regulations be approved. Barry Knight: Mr. Horsley with the change to condition 6, 39 -feet 6 -inches and scratch out lowest. Donald Horsley: Right. And condition 13. Barry Knight: North of Pungo Ferry Road and west of the draining field. Donald Horsley: Right. Barry Knight: Okay. Mr. Henley seconds it. Is there any discussion? There is a motion on the floor to approve by Don Horsley and a second by Al Henley, agenda item 16 and 17. No discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE Items #16 & 17 Southeast Marine Group, L.L.C. Page 5 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 applications of Southeast Marine Group, L.L.C. with the conditions as modified. Barry Knight: Mr. Secretary, are there any more items? Joseph Strange: There are no other items. Barry Knight: The meeting is adjourned. Iowulat -A MNIStu -W MMKMWWHOO 0 vmow 1-10vm Mom 3" 39 ION AYR N= w IN a ? NOISWcD(3 VNNM AWEH 0DNfW WIM Am A NMWUW" 3111 W 1WJ m No 310" m wou3nODHd3W 3RI 'ON1 'S3LLV*OSSV IN3PGAOUM 31am wm'usae a���'mw o •0'"� � tl9JFJHA'HOtl3B VPfJk1A � d o § � a � � SEE -6062 �Jiwd l 86E9-fR�OE;L 8r9dJ g : � � 31 5 ,S� n 9 SNDUXNW ON SDS � � R � - 2 s b a I x� I I I I I I I I Map E-' Brown Buildinz Corp. C�9\] R-5 1 \ B-2 Modifications of Conditions CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Brown Building Corporation for a Modification of Conditions for a request approved by City Council on July 10, 2007. Property is located at 4847 Dolton Drive (GPIN 1477205567). DISTRICT 2 — KEMPSVILLE. MEETING DATE: December 11, 2007 ■ Background: A Conditional Rezoning from R5 -D Residential District to Conditional B-2 Business District was approved by the City Council on July 13, 1993, and has been subsequently modified four times. The most recent modification, approved on July 10, 2007, proffered the development of the site for a day care facility. The applicant requests a Modification of Proffers to allow the shifting of the approved day care facility building toward the rear lot line, which will allow for the addition of a porte-cochere (covered drop-off area) in the front of the building. Since the site plan and the building elevation were proffered as part of the July 10, 2007 Modification of Proffers under Proffer 3, the requested changes require approval from the City Council through a further Modification of Proffers. ■ Considerations: The Comprehensive Plan recognizes this site to be within the Strategic Growth Area 4 of the City of Virginia Beach. Mixed uses are recommended for this area, offering an efficient use of land resources, full use of urban services, detailed human -scale design and a compatible mix of uses including office, retail, service, hotel and, where appropriate, residential uses. The request modifies the previous proffer agreement to allow the shifting of the building toward the rear of the lot for the addition of a porte-cochere in the front of the building. The porte-cochere will allow parents to drop off children in a covered area. The property behind the site is zoned 1-1 Light Industrial; therefore, the shift of the building toward that property will not create an incompatible situation. The Planning Commission placed this item on the consent agenda because the shifting of the building toward the rear property line will not impact surrounding properties, the proposed modification is minimal, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. Brown Building Corporation Page 2 of 2 ■ 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 • j l�-- BROWN BUILDNG CORPORATION Agenda Item 6 November 14, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Modification of Proffers from the Conditional Change of Zoning from R5 -D Residential to C A;+;11 1 6 2 6 a roved b the Cit Map F-' Brown Buildin Co Lj\/jam( - g- 2 1tr• 'SPD-H� R-510 . motiy 12 i 12 F� A B-2 U ioa - usmess pp y y Council on July 13, 1993, and modified on June 13, 2000, November 14, 2000, February 11, 2003, and July 10, 2007. ADDRESS / DESCRIPTION: Property located 4847 Dolton Drive Modifications of Conditions GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14772055670000 2 — KEMPSVILLE 0.8270 acre (36,024 square feet) The applicant requests a Modification of Proffers to allow the SUMMARY OF REQUEST shifting of the building toward the rear lot line, which will allow for the addition of a porte-cochere (covered drop-off area) in the front of the building. Since the site plan and the building elevation were proffered as part of the July 10, 2007 Modification of Proffers under Proffer 3, the requested changes require approval from the City Council through a further Modification of Proffers. The Conditional Rezoning from R5 -D Residential District to Conditional B-2 Business District was approved by the City Council on July 13, 1993, and has been subsequently modified four times. The current Proffer Agreement, modified on July 10, 2007, has the following proffers: 1. Lighting on the property shall be directed inward and not toward surrounding properties. 2. The following uses shall not be permitted on the Property or any improvements constructed thereon: animal hospitals, veterinary establishments, commercial kennels, automobile sales or repairs, automobile service stations, boat sales, borrow pits, bulk storage yards, bulk storage of hazardous chemicals or materials, commercial parking lots or garages or auto storage, drug stores, beauty shops and barber shops, eating and drinking establishments with drive-through windows, funeral homes, grocery stores, liquor stores, mini -warehouses, nightclubs, bars, taverns, dance halls. 3. When the Property is developed, it shall be developed substantially in conformance with that exhibit entitled, "PRELIMINARY LAYOUT PLAN FOR DRS DEVELOPMENT DAY CARE FACILITY", dated 02-14-07, prepared by S.I.A. (the Site Plan"), and the building and BROWN BUILDING CORPORATION Agenda Item 6 Page 1 improvements will have the architectural features and appearance substantially as depicted on the exhibit entitled, "DRS DEVELOPMENT PROPOSED DAY CARE CENTER', prepared by EYG Architects, P.C. (the "Architectural Rendering"). The Site Plan and Architectural Rendering have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Category IV landscaping shall be installed on the northeast side of the property as required by the landscape ordinance. 5. The conditions set forth herein supersede all conditions contained in the previous Proffer Agreements between the parties hereinabove recited. 6. The Grantor covenants and agrees that: a. 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 non-compliance 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 proceedings. b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any required building or occupancy permits as may be appropriate. c. If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions, the Grantor shall petition the governing body of the Grantee for the review of such decision prior to instituting proceedings in court. d. Further conditions may be required during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all the applicable City code requirements. e. The Zoning Map shall show, by an appropriate symbol on the map, the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection at the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and the Grantee. The applicant is now making detailed site and building design changes in preparation for site development and would like to modify the Proffer Agreement as follows to allow the shifting of the building for the addition of a porte-cochere (covered drop-off area) in the front of the building: Condition numbered "3" as contained in the Amended Proffer Agreement dated February 27, 2007 is hereby deleted and the following condition is added to govern development of the property: When the Property is developed, it shall be developed substantially in conformance with that exhibit entitled, "LAYOUT PLAN FOR DRS DEVELOPMENT DAY CARE FACILITY AT DOLTON DRIVE, VIRGINIA BEACH, VIRGINIA", dated08-10-7, prepared by S.I.A. (the "Site Plan"), and the building and improvements will have the architectural features and appearance substantially depicted on the exhibit entitled, "DRS DEVELOPMENT/PROPOSED DAY CARE CENTER, VIRGINIA BEACH, VIRGINIA", dated August 10, 2007, prepared by EYG Architects, P.C. (the "Architectural Rendering"). The Site Plan and Architectural Rendering have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. BROWN BUILDING CORPORATION Agenda Item 6 Page 2 2. Except as expressly modified herein, those proffered covenants, conditions and restrictions contained in the Amended Proffer Agreement dated February 27, 2007, recorded as Instrument #20070717000961870 remain in full force and effect and are hereby reaffirmed. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site — vehicles have been parking on the site. SURROUNDING LAND North: . Dolton Drive USE AND ZONING: . Across Dolton Drive is the Cornerstone residential development (under construction) / Conditional A-24 Apartment with a PD -H2 Planned Development Overlay South: . Woods / 1-1 Light Industrial East: . Duplex (under construction) / R5 -D Residential West: . Office and storage / B-2 Business NATURAL RESOURCE AND The site is partially wooded and located within a Chesapeake Bay Area CULTURAL FEATURES: Resource Management Area. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dolton Drive in front of this application is a two-lane undivided local street. A Capital Improvement Program project is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. As part of the long-term improvements, there are currently several conceptual alignments that utilize a portion of Bonney Road for a new roadway that bypasses around the Independence Boulevard / Interstate 264 interchange, heading toward Virginia Beach Boulevard. Although this proposed site will not be directly impacted by the roadway alignment, Dolton Drive may see an increase in traffic with vehicles destined for Witchduck Road and points west of Independence Boulevard. It is important to note, however, that none of the proposed alternatives have been approved to this date and the study is ongoing. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume BROWN BUILDING CORPORATION Agenda Item 6 Page 3 ' Average Daily Trips estimated for the year 2008 when the Cornerstone development is built out 2 as defined by typical uses under B-2 zoning 3 as defined by Child Day Care (49 Morning Peak Hour Vehicles / 45 Afternoon Peak Hour Vehicles) • There are no existing traffic counts available for Dolton Drive. The Traffic Impact Assessment for the Cornerstone development (dated August 13, 2004) estimates an ADT for Dolton Drive in the year 2008 of 3,000 vehicles upon build -out of Cornerstone. • Right-of-way improvements will be required during Site Plan review and approval. Improvements include, but are not limited to, pavement widening, curb & gutter, roadway lighting, and sidewalk. These improvements must follow the City's 30 -foot typical roadway section requirements and coincide with the surrounding proposed developments. • All entrances must provide a 30 -foot throat length, measured from the right-of-way line to the first internal aisle way or parking space. Since all right-of-way improvements will be completed with the development of this site, the throat length can be measured from the proposed edge of pavement to the first internal aisle way or parking space. • In order to limit the number of vehicular and pedestrian conflicts both on and off site, the eastern entrance must be limited to a one-way access for exiting vehicles. The entrance must measure between 18 -feet and 22 -feet in width. STORMWATER: The referenced subdivision must develop a stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The area being dedicated for the proposed stormwater facility (BMP) appears to be minimal in size and may need to be enlarged after the BMP is designed. It must be recognized that approval of the Preliminary Layout Plan Exhibit as part of this rezoning does not permit the proposed BMP from being adequately sized to meet the City Stormwater Management requirements. WATER: This site must connect to City water. There is an existing ten (10) -inch water main along Dolton Drive. SEWER: This site must connect to City sanitary sewer. The applicant must conduct an analysis of Pump Station 507 and the sanitary sewer collection system to ensure future flows can be accommodated. There is a ten (10) -inch City gravity sanitary sewer main along Dolton Drive. POLICE: A Lighting Plan (Photometric Diagram Plan) should be submitted during detailed site plan review. Said plan should include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting should overlap and be uniform throughout the parking area. The plan should include provisions for implementing low-level security lighting for non -business hours. SCHOOLS: School populations are not affected by the request, except that the proposed use provides child care and child education services, thus reducing potential demand on the Public School system to provide such services. BROWN BUILDING CORPORATION Agenda Item 6 Page 4 Dolton Drive 3,000 ADT 9,900 ADT Existing Land Use — 455 ADT Proposed Land Use 3- 579 ADT ' Average Daily Trips estimated for the year 2008 when the Cornerstone development is built out 2 as defined by typical uses under B-2 zoning 3 as defined by Child Day Care (49 Morning Peak Hour Vehicles / 45 Afternoon Peak Hour Vehicles) • There are no existing traffic counts available for Dolton Drive. The Traffic Impact Assessment for the Cornerstone development (dated August 13, 2004) estimates an ADT for Dolton Drive in the year 2008 of 3,000 vehicles upon build -out of Cornerstone. • Right-of-way improvements will be required during Site Plan review and approval. Improvements include, but are not limited to, pavement widening, curb & gutter, roadway lighting, and sidewalk. These improvements must follow the City's 30 -foot typical roadway section requirements and coincide with the surrounding proposed developments. • All entrances must provide a 30 -foot throat length, measured from the right-of-way line to the first internal aisle way or parking space. Since all right-of-way improvements will be completed with the development of this site, the throat length can be measured from the proposed edge of pavement to the first internal aisle way or parking space. • In order to limit the number of vehicular and pedestrian conflicts both on and off site, the eastern entrance must be limited to a one-way access for exiting vehicles. The entrance must measure between 18 -feet and 22 -feet in width. STORMWATER: The referenced subdivision must develop a stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The area being dedicated for the proposed stormwater facility (BMP) appears to be minimal in size and may need to be enlarged after the BMP is designed. It must be recognized that approval of the Preliminary Layout Plan Exhibit as part of this rezoning does not permit the proposed BMP from being adequately sized to meet the City Stormwater Management requirements. WATER: This site must connect to City water. There is an existing ten (10) -inch water main along Dolton Drive. SEWER: This site must connect to City sanitary sewer. The applicant must conduct an analysis of Pump Station 507 and the sanitary sewer collection system to ensure future flows can be accommodated. There is a ten (10) -inch City gravity sanitary sewer main along Dolton Drive. POLICE: A Lighting Plan (Photometric Diagram Plan) should be submitted during detailed site plan review. Said plan should include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting should overlap and be uniform throughout the parking area. The plan should include provisions for implementing low-level security lighting for non -business hours. SCHOOLS: School populations are not affected by the request, except that the proposed use provides child care and child education services, thus reducing potential demand on the Public School system to provide such services. BROWN BUILDING CORPORATION Agenda Item 6 Page 4 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Strategic Growth Area 4 of the City of Virginia Beach. Mixed uses are recommended for this area, offering an efficient use of land resources, full use of urban services, detailed human -scale design and a compatible mix of uses including office, retail, service, hotel and, where appropriate, residential uses. Evaluation: Staff finds the request acceptable. The request modifies the previous proffer agreement to allow the shifting of the building toward the rear of the lot for the addition of a porte-cochere in the front of the building. The porte-cochere will allow parents to drop off children in a covered area. The property behind the site is zoned 1-1 Light Industrial; therefore, the shift of the building toward that property will not create an incompatible situation. 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: Condition numbered "3" as contained in the Amended Proffer Agreement dated February 27, 2007 is hereby deleted and the following condition is added to govern development of the Property: When the Property is developed, it shall be developed substantially in conformance with that exhibit entitled, "LAYOUT PLAN FOR DRS DEVELOPMENT DAY CARE FACILITY AT DOLTON DRIVE, VIRGINIA BEACH, VIRGINIA", dated 08-10-07, prepared by S.I.A. (the "Site Plan"), and the building and improvements will have the architectural features and appearance substantially as depicted on the exhibit entitled, "DRS DEVELOPMENT/PROPOSED DAY CARE CENTER, VIRGINIA BEACH, VIRGINA", dated August 10, 2007, prepared by EYG Architects, P.C. (the "Architectural Rendering"). The Site Plan and Architectural Rendering have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 2: Except as expressly modified herein, those proffered covenants, conditions and restrictions contained in the Amended Proffer Agreement dated February 27, 2007, recorded as Instrument #20070717000961870 remain in full force and effect and are hereby reaffirmed. The City Attorney's Office has reviewed the proffer agreement dated August 31, 2007 and found it to be legally sufficient and in acceptable legal form. BROWN BUILDING CORPORATION Agenda Item 6 Page 5 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. BROWN BUILDING CORPORATION Agenda Item 6 Page H N W Z 2O 0 I �c A3ntiC� "n PROPOSED SITE PLAN BROWN BUILDING CORPORATION Agenda Item 6 Page 8 �1 � e�M�t 1 �, � ,- ��� 1� � l: �_ y � �la�: i �'�. 5 A' `� _ +fir — � �. ' -- ,�M,t � �� �..�� ff�, j { 7 V� � i �� : ,�.� �.�� �ar� I '�-' .t� i' t ;� ,� 3^ � � ,, - � 1. ' . '�''1i�►.' � J � _ �. ' (� �: i ��. j i � K �� � � t .�_ ter-+: — � 1 _ � ; _.f, ;�r-,u '�', � ! ``�``r` P�t�f # Date Description Action 1 07/10/07 Modification of Conditions Approved 02/11/03 Modification of Conditions Approved 11/14/00 Modification of Conditions Approved 6/13/00 Modification of Conditions Approved 7/13/93 Rezoning (R -5D Residential to Conditional B-2 Commercial) Approved 09/15/86 Rezoning R-8 to B-2 Denied ZONING HISTORY BROWN BUILDING CORPORATION Agenda Item 6 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) rown Building Corporation: Ronald K. Brown, President/Treasurer; David S. Brown, Vice President/Secretary 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following.- 1. ollowing:1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' 8 See next page for footnotes i Modification of Conditions Application Page 10 of 11 Revised 91.2004 BROWN BUILDING CORPORATION Agenda Item 6 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) SIA Engineers EYG Architects, P.C. Sykes, Bourdon, Ahem & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Brown Building Corporation By. Ronald K. Brown. President Applicants Signature Print Name Property Owners Signature (if different than applicant) Print Name t:lodiflcabon of Conditions Appucaacn Page 11 of 11 Revised 91 2004 BROWN BUILDING CORPORATION Agenda Item 6 Page 12 Item #6 Brown Building Corporation Modification of Conditions 4847 Dolton Drive District 2 Kempsville November 14, 2007 CONSENT Janice Anderson: The next matter is agenda item 6. That is the application of Brown Building Corporation. This is for a Modification of Proffers that were approved by City Council on July 10, 2007. The property is located at 4847 Dolton Drive. That is in the Kempsville District. Mr. Bourdon? Eddie Bourdon: Thank you. Again, Eddie Bourdon representing the applicant on agenda item 6. This is simply to add a porte-cochere (covered entrance) to the building with aesthetic controls that we get with proffers now, when we want to modify them, we get to see them again. We appreciate being on the consent agenda. Thank you. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application being placed on the consent agenda? Thank you. The Chairman has asked Henry Livas to review this for us. Henry Livas: Okay. This request for a Modification of Conditions from the Conditional Change of Zoning from R-51) Residential to Conditional B-2 Business District. The Change of Zoning was approved by City Council way back on July 13, 1993, and subsequently modified several times, with the last modification on July 10, 2007. The current request of Modification of Proffers is to allow the shifting of the building towards the rear lot line to allow for addition of a covered drop-off area in front of the building. The property behind the site is zoned Light Industrial, therefore, the shift of the building towards the property will not create an incompatible situation. Therefore, we recommend approval of this Modification of Proffers. Janice Anderson: Thank you Henry. Mr. Chairman, I would like to make a motion to approve agenda item 6. Dorothy Wood: Second. Barry Knight: Thank you. There is a motion on the floor to approve agenda item 6 by Jan Anderson and a second by Dot Wood. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE Item #6 Brown Building Corporation Page 2 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 6. In Reply Refer To Our File No. DF -6880 TO: Leslie L. Lilley FROM: B. Kay Wilson "&J CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 29, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Brown Building Corporation The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 11, 2007. 1 have reviewed the subject proffer agreement, dated August 31, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen PREPARED BY: SYKES. BOURDON. MU AHERN & L£VY. P.C. AMENDED PROFFER AGREEMENT THIS AGREEMENT made this 31st day of August, 2007, by and between BROWN BUILDING CORPORATION, a Virginia corporation, hereinafter called "Grantor"; and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". The purpose of this agreement is to modify prior Proffer Agreements between the parties hereto dated January 7, 1993, April 21, 2000, August 15, 2000, November 1, 2002, and February 27, 2007. RECITALS: R-1 The Grantor is the record fee simple owner of the property (the "Property") located in Kempsville District, City of Virginia Beach, Virginia and described in Exhibit "A" hereto and incorporated within this Agreement. R-2 Roda Associates, a Virginia general partnership, ("Roda") predecessor in title to Grantor, previously initiated an amendment to the zoning map of the City of Virginia Beach, Virginia, (the "Zoning Map") by petition addressed to the Grantee, so as to change the zoning classification of the property from R -5D Residential District to Conditional B-2 Business District. This amendment was made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia adopted April 18, 1988, as amended (the "Zoning Ordinance") and was granted by City Council action on July 13, 1993• In connection with the foregoing, by Agreement dated January 7, 1993, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3242, at Page 2172, Roda did voluntarily offer, in writing, as part of the zoning amendment to the Zoning Map with respect to the Property, certain conditions related to the physical development, operation and use of the Property which was adopted as part of said amendment to the Zoning Map and made applicable to the Property. These conditions were to remain in full force and effect until amended by following the procedures and recording the documents as outlined and required in the Zoning Ordinance. GPIN: 1477-20-5567 Prepared By: K Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 R-3 Grantor previously initiated four (4) modifications to the conditions of the aforesaid amendment to the Zoning Map referenced in paragraph R-2 above and in connection with the foregoing, by agreements dated the ist day of April, 2000, the 15th of August, 2000, the 1st day of November, 2002, and the 27th of February, 2007, and recorded in the Clerk's Office aforesaid in Deed Book 4257, at Page 119; Deed Book 4324, at Page 966; as Instrument #20030227002951o; and as Instrument #200707170oo961870, respectively, Grantor voluntarily proffered, in writing, as part of the modification of the conditions with respect to the Property, certain conditions related to the physical development, operation and use of the Property which were adopted as part of said modification of the conditions applicable to the Property. These modified conditions were to continue in full force and effect until amended by the procedures and recording the documents as outlined and required in the Zoning Ordinance. R-4 Grantor has initiated another modification of the conditions referenced in Paragraphs R-2 and R-3 above in order to change certain conditions that were previously placed upon the Property in connection with the amendment to the Zoning Map as to the Property. R-5 The Grantee's policy is to provide only to the orderly development of land, for various purposes, including business purposes, through zoning and other land development legislation. R-6 The Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation which the Grantor's request for modification of conditions gives rise to. R-7 - The Grantor has voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed modification of the conditions previously attached to the amendment to the Zoning Map with respect to the PREPARED BY: Property, in addition to the regulations provided for in the existing B-2 zoning district by SYKES. $OURDON. the Zoning Ordinance, the following reasonable conditions related to the physical M AHM & LWY. P.C. development, operation and use of the Property to be adopted as part of modification of 2 PREPARED BY: SYKES, BOURDON, A14ERN & LEVY. P.0 the conditions applicable to the Property, which have a reasonable relation to the modification of the conditions and the need for which is generated by the modification of the conditions. R-8 The conditions outlined in this Agreement have been proffered by the Grantor and allowed and accepted by the Grantee as part of the modification to the conditions and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee, in writing, as evidenced by certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSETH: NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives and assigns, grantees and other successors in title and interest, voluntarily without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of amended conditions and amended restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title. 1. Condition numbered "3" as contained in the Amended Proffer Agreement dated February 27, 2007 is hereby deleted and the following condition is added to govern 3 PREPARED BY. WIM SYKES, BOURDON, 6MI AHERN & LEVY. P.C. development of the Property: When the Property is developed, it shall be developed substantially in conformance with that exhibit entitled, "LAYOUT PLAN FOR DRS DEVELOPMENT DAY CARE FACILITY AT DOLTON DRIVE, VIRGINIA BEACH, VIRGINIA", dated o8-10-07, prepared by S.I.A. (the "Site Plan"), and the building and improvements will have the architectural features and appearance substantially as depicted on the exhibit entitled, "DRS DEVELOPMENT/PROPOSED DAY CARE CENTER, VIRGINIA BEACH, VIRGINIA", dated August 10, 2007, prepared by EYG Architects, P.C. (the "Architectural Rendering"). The Site Plan and Architectural Rendering have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Except as expressly modified herein, those proffered covenants, conditions and restrictions contained in the Amended Proffer Agreement dated February 27, 2007, recorded as Instrument #2007071700o96187o remain in full force and effect and are hereby reaffirmed. II WITNESS the following signature and seal: Grantor: Brown Building Corporation, a Virginia corporation ocvBy: C(SEAL) Ronald . Brown, President STATE OF VIRGINIA CITY/COUN'TY OF----(-i(,t .4;M -QLa-�/, to -wit: I,,J,, � , a Notary Public in and for the City and State aforesaid, do hereby certify jt4at R—on—aM K. Brown, President of Brown Building Corporation, a Virginia corp ration, whose name as such is signed to the foregoing instrument bearing date on the 31st day of August, 2007, has acknowledged the same before me in my said City and State. GIVEN under my hand this T day of Septem er, 2007. f ' F r 7 Notary Public My Commission Expires:' ' C`1 Notary Registration No.: 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, in Kempsville Magisterial District, and being the northeast corner of Lot Six (6), as shown on the map of A.W. Cornick's Kempsville Subdivision, dated January, 199o, also being known and designated as "Joseph Mosley", as shown on the Map Book A.W. Cornick's Kempsville Farm, Kempsville Borough, Virginia Beach, Virginia", and is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 48, at Page 43 is more particularly bounded and described as follows: BEGINNING at a point on the southern line of Eastern Shore Road to Kempsville on the line between Tracts Four (4) and Six (6) and running thence in a southerly direction along said dividing lie between the two said tracts one hundred seventy-six (176) feet; thence in a westerly direction two hundred nineteen (219) feet; thence in a northerly direction and parallel to the dividing line between Tracts Four (4) and Six (6) two hundred eighteen (218) feet to the Eastern Shore Road to Kempsville One hundred sixty (16o) feet to the point of beginning. LESS AND EXCEPT that property to City of Virginia Beach in Deed Book 2812, at Page 673, dated March 20,1988; corrected in Deed Book 2896, at Page 376. GPIN: 1477-20-5567 ModConditions/BrownBuilding/DoltonDrive_9.04.o�/Proffer PREPARED BY: SYKES, BOURDON, 90 tl1I1RN & LEVY. P.0 N Mmp Not to Scale Delaware se �-�t�..�? {j1 re�Ml•+ri�`�:Y�•8�^i.W�„�]; 1i er «,' ��i ��;; �����_'(1!.,,-�� � _.: `..-�;•_i��7 up ,,•�:C wi=g ;�i. . ��� � �� �.� 11 All {'- �1 Q :••' `r r•,fzk" Imo, ♦� i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Delaware Corporation for a Modification of Conditions for a request approved by City Council on May 23, 2006. Property is located on northeast side of London Bridge Road, approximately 130 feet southeast of Harpers Road (GPIN 2405422428). DISTRICT 6 — BEACH. MEETING DATE: December 11, 2007 ■ Background: A Conditional Rezoning from R-10 Residential District to Conditional 1-2 Industrial District was approved by the City Council on May 23, 2006. The purpose of that rezoning was to allow development of the site for an office -warehouse, self - storage, and bulk storage facility. Proffers submitted with that rezoning tie the development of the site to those uses and to specific site and building plans. The applicant now seeks a Modification of Proffers to allow the addition of an apartment for a full-time manager on the property and to allow several recreational vehicles on the property during construction of the office -warehouse project. Since the 2006 Conditional Zoning Agreement does not allow those uses, a modification to the proffers is required. ■ Considerations: The submitted site plan depicts a second floor addition to the first self -storage building for the requested manager's apartment. The building materials will match that shown on the building elevations proffered in 2006, with a mix of white siding and green metal roof panels. The apartment will have a footprint of 30 feet by 40 feet (30'x 40'). The request for the recreational vehicles, up to three (3), will provide a temporary construction office and on-site security prior to the issuance of the Certificate of Occupancy for the storage building designated E-1 on the Concept Plan. The use of the RVs would be in lieu of construction trailers on the site. The Navy has reviewed the request and has deemed the addition of the residential unit as consistent with the restrictions of the easement that the Navy holds over the property. The Planning Commission placed this item on the consent agenda because the caretaker's apartment and recreational vehicles in lieu of construction trailers will not result in any negative impacts, and there was no opposition to the proposed modifications. Delaware Corporation Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentfAgency: Planning Department City Manager: 1L'` DELAWARE CORPORATION Agenda Item 5 November 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of Proffers from the Conditional Change of Zoning from R- 20 Residential District to Conditional 1-2 Industrial District granted by the City Council on May 23, 2006. ADDRESS / DESCRIPTION: Property located on the north side of London Bridge Road, east of Harpers Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24054223320000 7 — PRINCESS ANNE 43.2 acres The applicant is seeking a Modification of Proffers to allow a SUMMARY OF REQUEST manager/caretaker apartment on the property and several recreational vehicles on the property during construction. Since the approved Conditional Zoning Agreement does not allow those uses, a modification to the proffers contained in the original Conditional Zoning Agreement is required. A Conditional Rezoning from R-10 Residential District to Conditional 1-2 Industrial District was approved by the City Council on May 23, 2006. The Conditional Rezoning has seven (7) proffers: PROFFER 1: When the Property is developed, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF LONDON BRIDGE RV/BOAT STORAGE, London Bridge Road, Virginia Beach, VA," dated 01/27/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan). PROFFER 2: The area of this parcel depicted as "Bulk Storage" on the Concept Plan shall only be utilized for storage of registered/operable recreational vehicles ("RV"), watercraft, trailers, all terrain vehicles (ATV), motorcycles and motor vehicles. DELAWARE CORPORATION Agenda Item 5 Page 1 PROFFER 3: When the Property is developed, the exterior of the buildings designated as "TYPE A BUILDING" on the Concept Plan shall be substantially similar in architectural features, building materials and appearance to the elevations shown on the exhibit entitled, "TYPE A BUILDING PLAN/ELEVATION FOR LONDON BRIGE RV/BOAT STORAGE," dated 01/27/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Office Storage Elevations"). PROFFER 4: When the Property is developed, all freestanding signs shall be no greater than eight (8) feet in height and shall be substantially similar in architectural design, appearance, and building materials as depicted on the Concept Plan. All identification signs of occupants facing London Bridge Road shall limit their identification signage to lettering on the awnings of their units. Additional signage for such units may be placed on the northern side of such units. PROFFER 5: The buildings built on the Property will not exceed thirty-five feet (35) in height. PROFFER 6: The following uses will not be permitted on the Property: a. Airports, heliports, and helistops; b. Bingo halls; C. Borrow pits; d. Car wash facilities; e. Childcare and childcare education centers; f. Eating and drinking establishments; g. Firewood preparation facility; h. Hotels and motels; i. Mobile home sales; j. Personal watercraft rentals; k. Public schools, colleges and universities and private schools, colleges and universities; I. Public utility transformer stations and major transmission lines and towers; M. Radio or television transmission, cellular telephone antenna and relay stations; n. Satellite wagering facility; o. Vocational, technical, industrial and trade schools; P. Solid waste management facilities; q. Wholesale and retail establishments dealing primarily in bulk materials delivered by ship or by ship and railroad or ship and railroad and truck in combination; r. Storage or processing of salvage, scrap or junk; S. Facilities for construction, maintenance and repair of vessels; or t. Heavy equipment sales and service. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements DELAWARE CORPORATION Agenda Item 5 Page 2 The applicant's request for the recreational vehicles (RV's), up to three (3) in number, is simply to provide a temporary construction office and onsite security prior to the issuance of the Certificate of Occupancy for the storage building designated E-1 on the Concept Plan. The use of the RV's would be in lieu of construction trailers on the site. The submitted site plan depicts a second floor addition to the first storage building for the requested caretaker's apartment. The building materials will match that of the previously approved building elevations with a mix of white siding and green metal roof panels. The apartment will have a footprint of 30 feet by 40 feet (30' x 40'). LAND USE AND ZONING INFORMATION EXISTING LAND USE: Site under construction for office -warehouse and self -storage, bulk storage of recreational vehicles, boats, and similar equipment. SURROUNDING LAND North: . Housing development under construction / R-20 Residential USE AND ZONING: District Agricultural field / AGA Agricultural District South: . London Bridge Road Open space, single-family dwellings / R-20 Residential District, PD -H2 with R-10 overlay East: • Self -storage facility under construction / Conditional 1-1 Light Industrial District Housing development under construction / R-20 Residential District. West: . Agricultural fields / R-20 Residential District NATURAL RESOURCE AND The property lies within the Southern Watersheds Management Area. CULTURAL FEATURES: The property currently exists as a cultivated agricultural field. This site is devoid of any trees or any other significant environmental features. AICUZ: The site is in an AICUZ of 70 - 75 dB Ldn surrounding NAS Oceana. The United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site. Warehousing, storage yards, and wholesaling are all permitted activities. Correspondence from the Navy indicates that the proposed caretaker's apartment is in compliance with the restrictions of the easement. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road is a four -lane suburban arterial roadway. There are no current projects in the CIP to further DELAWARE CORPORATION Agenda Item 5 Page 3 improve this roadway TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic London Bridge 24,001 ADT 28,200 ADT (Level of Existing Land Use — Road Service "C") — 32,800 ADT 1,471 ADT ' (Level of Service "D") Proposed Land Use 3— No change expected Average Daily Trips 2 as defined by office warehouse, self storage and bulk storage facility 3 as defined by proposed changes WATER: This site must connect to City water. There is an existing 16 -inch City water main on London Bridge Road. SEWER: This site must connect to City sanitary sewer. There is an existing 10 -inch force main along London Bridge Road that the applicant may possibly connect to. A private grinder pump and a private force main may be an option. Virginia Department of Environmental Quality approval is required for private sanitary pumps. Also, an encroachment agreement would be required for the private force main within the right-of-way. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this area as being within the Strategic Growth Area (SGA) 10 -The South Oceana Area. This area is a large hour glass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. The eastern region of this SGA is recommended for high quality, well -landscaped low to mid -rise offices and corporate parks, especially within those areas located adjacent to existing stable residential neighborhoods. The Plan calls for attractive building design and materials particularly for projects along key arterials and close to the Southeastern Parkway and encourages limited access to Dam Neck and London Bridge Roads for light industrial uses. Rezoning property within this SGA to non-residential is supported by the Plan. Page 83 states that non-residential land uses support the City's goal of achieving proportional growth of its non- residential tax base and will aid in reducing traffic congestion by improving the balance between residential and non-residential uses. It also notes that non-residential uses are appropriate and compatible with military operations at NAS Oceana. Evaluation: Staff recommends approval of the request for a modification to the 2006 proffer agreement. The existing agreement does not permit a manager/caretaker's apartment on the property nor does it permit several recreational vehicles on the property during construction. Therefore, a modification to the original agreement is required. The request for the recreational vehicles, up to three (3), is simply to provide a temporary construction office and onsite security prior to the issuance of the Certificate of Occupancy for the storage building designated E-1 on the Concept Plan. The use of the RVs would be in lieu of DELAWARE CORPORATION Agenda Item 5 Page 4 construction trailers on the site. The Navy has reviewed the request and has deemed the addition of the residential unit as consistent with the restrictions of the easement. The architecture of the caretaker's apartment is consistent with the approved elevations from the 2006 approval. 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 number "2" in the 2006 Proffers is amended to read: The area of this parcel depicted as "Bulk Storage" on the concept Plan shall only be utilized for storage of registered/operable recreational vehicles ("RV"), watercraft, trailers, all terrain vehicles (ATV), motorcycles and motor vehicles. In addition, living quarters for an onsite security/facility manager shall be permitted in the storage building designated E-1 as depicted on the Site Plan. Grantor shall also be permitted to temporarily utilize three (3) RVs on the Property during development in lieu of construction trailers in order to provide a temporary construction office and onsite security prior to the issuance of the Certificate of Occupancy for the storage building designated E-1 on the Concept Plan. PROFFER 2: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2006 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060531000821930, save and except, Proffer 2, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, 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 dated August 31, 2007, 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. DELAWARE CORPORATION Agenda Item 5 Page 5 AERIAL OF SITE LOCATION DELAWARE CORPORATION Agenda {tem 5 Page 6 APPROVED Ps ., l DELAWARE CORPORATION Agenda Item 5 Page 7 PROPOSED SITE PLAN DELAWARE CORPORATION Agenda Item 5 Page 8 PROPOSED BUILDING ELEVATION DELAWARE CORPORATION Agenda Item 5 Page 9 Ej DISCLOSURE STATEMENT l APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Delaware Corporation: Oscar M. Barber, President/Secretary 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 911/2004 DELAWARE CORPORATION Agenda Item 5 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. MSA, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the Nect property at least 30 days prior to the scheduled public hearing accordin , o tk�e instructions in this ackagef, Delaw C rporation By. Oscar M. Barber, President Applicant's Signature rint Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9112004 DELAWARE CORPORATION Agenda Item 5 Page 12 Item #5 Delaware Corporation Modification of Conditions North side of London Bridge Road, approximately 130 feet Southeast of Harpers Road District 6 Beach November 14, 2007 CONSENT Janice Anderson: The next matter is agenda item 5. That is the application of Delaware Corporation. This is a Modification of Conditions, approved by City Council, back on May 23, 2006. The property is located at the corner of London Bridge Road and Harpers Road, in the Princess Anne District. Mr. Bourdon? Eddie Bourdon: Ms. Anderson. Again, Eddie Bourdon, a Virginia Beach attorney, representing the applicant. Mr. Barber, the President of Delaware Corporation is here. We appreciate being placed on the consent agenda. The modifications contained in the amended proffer are obviously our request, and we appreciate staff working with us on this. Thank you. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application being placed on the consent agenda? Seeing none, the Chairman has asked Jay Bernas to review this application for us. Jay Bemas: Thank you. This is Modification of Proffers to allow two things. One, a manager/caretaker apartment on the property; and the second is to allow recreational vehicles on the property in lieu of construction trailers. Both of these items were not allowed based on the existing proffers. Staff feels that this request for the modification to the 2006 proffers is acceptable. The recreational vehicles are in lieu of trailers, and the Commission felt like this was deemed approvable and placed it on the consent agenda. Janice Anderson: Thank you Jay. Mr. Chairman, I would like to make a motion to approve the item 5. Dorothy Wood: Second. Barry Knight: Thank' you. There is a motion on the floor to approve agenda item 5 by Jan Anderson and a second by Dot Wood. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE Item #5 Delaware Corporation Page 2 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 5. In Reply Refer To Our File No. DF -6881 TO: Leslie L. Lilley FROM: B. Kay Wilso i�) CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 29, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Deleware Corporation The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 11, 2007. 1 have reviewed the subject proffer agreement, dated August 3, 2007 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. B KW/ks Enclosure cc: Kathleen Hassen PREPARED BY: MIR SYKES. BOURDON, UN A AERN & LEW. P.0 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS DELAWARE CORPORATION, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of August, 2007, by and between DELAWARE CORPORATION, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing a total of 43.278 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel is referred to herein as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated January 30, 20o6 (hereinafter "2oo6 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 240.5-42-2428 Prepared By: R. Edward Bourdon, Jr., Esq. Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: SYKES. BOURDON. AHERN & LEVY. P.C. WHEREAS, the 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 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number "2" in the 2oo6 Proffers is amended to read: The area of this parcel depicted as "Bulk Storage" on the Concept Plan shall only be utilized for storage of registered/operable recreation vehicles ("RV'), watercraft, trailers, all terrain vehicles ("ATV"), motorcycles, and motor vehicles. In addition, living quarters for an onsite security/facility manager shall be permitted in the storage building designated E-1 as depicted on the Site Plan. Grantor shall also be permitted to temporarily utilize three (3) RV's on the Property during development in lieu of construction trailers in order to provide a temporary construction office and onsite security prior to the issuance of the Certificate of Occupancy for the storage building designated E-1 on the Concept Plan. 2 PREPARED BY: MM SYKES. BOURDON, MH AHERN & LEVY. P.0 2. All of the terms, conditions, covenants, servitudes and agreements set forth in the 20o6 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #2oo60531000821930, save and except, Proffer 2, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the I-2 Industrial 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 Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, 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 M PREPARED BY: SYKES, $OURDON. UM AffM & LEVY, P.0 conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 0 WITNESS the following signature and seal: Grantor: Delaware Corporation, a Virginia corporation E4 (SEAL) Oscar M. Barber, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 4th day of September, 2007, by Oscar M. Barber, President of Delaware Corporation, a Virginia corporation. He is personally known to me. Nota Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SWES. $OURDON. M AHI RN & LEVY, P.C. 61 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel B -i -A, containing 43.278 acres, as shown on that certain plat entitled "SUBDIVISION OF PROPERTY OF THE TAYLOR GROUP, LLLP PARCEL B-1 INSTRUMENT # 200504280063311 JUNE 1, 2005 VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20o6oi1i00o62490. GPIN: 2405-42-2428 ModitionstoProffers/DelawareCorporation/Proffer PREPARED BY: M SYKES. ROURDON. Fail ■ A149ZN & LEVY, P.0 X r=s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Wawa, Inc. for a Modification of Conditions for a request approved by City Council on November 26, 2002. Property is located at 2954 Virginia Beach Boulevard (GPIN 1497266065). DISTRICT 5 — LYNNHAVEN. MEETING DATE: December 11, 2007 ■ Background: The Conditional Use Permit permitting fuel sales was approved by the City Council on November 26, 2002. Condition 6 requires that the site be developed in accordance with a specific plan. The plan referenced in that condition did not depict a drive -up food service canopy and an outdoor trash receptacle. As such, a modification to Condition 6 is required in order for a portion of the parking lot to be removed to accommodate a canopy that will cover menu service boards permitting customers to order food, such as sandwiches and drinks, and have the items delivered, while remaining in the car. Wawa, Inc. has chosen to test market this concept on this site. In contrast to a drive-thru, cars will park in designated spaces, under the proposed 14 -foot high canopy. ■ Considerations: The site plan depicts 17 spaces for drive -up food service. In addition, a patio area with seating is shown. Additional landscape islands are also proposed. The City Zoning Ordinance requires a minimum of 30 parking spaces for this use. The plan depicts 36 spaces, counting the 17 drive-in spaces. The proposed canopy mimics the design, materials and colors of the existing fuel canopy. While the convenience store is open 24 hours a day, seven (7) days per week, the expectation is to cater primarily to breakfast and lunch customers and to remain open during the evening hours. As this is a test site, the applicant has not made any decisions pertaining to the exact hours of operation for the drive -up food service. Security cameras are proposed outside the building to monitor the site. The Comprehensive Plan designates this parcel as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Wawa, Inc. Page 2 of 2 The Planning Commission placed this item on the consent agenda because the proposal is complementary to the existing use and building design, the use will have minimal impact on the surrounding area, 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. All conditions with the exception of Number 6 attached to the Conditional Use Permit granted by the City Council on November 26, 2002 shall remain in affect. 2. Condition Number 6 of the November 26, 2002, Conditional Use Permit is deleted and replaced with the following: The site shall be developed in substantial accordance with the site plan entitled "Exhibit for Wawa Food Market," dated 09/07/07, prepared by MSA, PC. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 3. When the food service canopies are constructed, they shall be in substantial conformance with the elevations entitled, "Proposed Wawa, 2954 Virginia Beach Boulevard, Virginia Beach, Virginia," prepared by lynchmartinez ARCHITECTS, LLC., dated September 13, 2007, a copy of which has been exhibited to City Council and is on file in the Planning Department 4. When the trash compound is constructed, it shall be in substantial conformance with the elevations entitled, "Proposed Wawa, 2954 Virginia Beach Boulevard, Virginia Beach, Virginia," prepared by lynchmartinez ARCHITECTS, LLC., dated September 13, 2007, a copy of which has been exhibited to City Council and is on file in the Planning Department. 5. Security cameras shall be installed on the exterior of the building to monitor activity associated with the outdoor food service area. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:S Wa WAWA, INC. Agenda Item 7 November 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of the Conditional Use Permit approved by the City Council on November 26, 2002. ADDRESS / DESCRIPTION: Property located at 2954 Virginia Beach Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14972660650000 5 - LYNNHAVEN 2.87 acres The Conditional Use Permit permitting fuel sales was SUMMARY OF REQUEST approved by the City Council on November 26, 2002. The conditions of that Use Permit are listed below. Condition 6 requires that the site be developed in accordance with a specific plan. The plan referenced in that condition did not depict a drive -up food service canopy and an outdoor trash receptacle. As such, a modification to Condition 6 is required in order for a portion of the parking lot to be removed to accommodate a canopy that will cover menu service boards permitting customers to order food, such as sandwiches and drinks, and have the items delivered, while remaining in the car. Wawa, Inc. has chosen to test market this concept on this site. In contrast to a drive-thru, cars will park in designated spaces, under the proposed 14 -foot high canopy. The site plan depicts 17 such spaces for drive -up food service. In addition, a patio area with seating is shown. Additional landscape islands are also proposed. The City Zoning Ordinance requires a minimum of 30 parking spaces for such as use. The plan depicts 36 spaces, counting the 17 drive-in spaces. The proposed canopy mimics the design, materials and colors of the existing fuel canopy. While the convenience store is open 24 hours a day, seven (7) days per week, the expectation is to cater primarily to breakfast and lunch customers and to remain open during the evening hours. As this is a test site, the applicant has not made any decisions pertaining to the exact hours of operation for the drive -up food service. Security cameras are proposed outside the building to monitor the site. The 2002 Conditional Use Permit has 11 conditions: 1. There shall be only one vehicular entrance on Virginia Beach Boulevard and an exit only on the western part of the site. The entrance to the site opposite the existing median crossover shall be WAWA Agenda Item 7 Page 1 centered on the median crossover and shall be 40 feet in width at the property line. This entrance shall be marked for two twelve (12) foot lanes exiting the site (left and right) and a sixteen (16) foot lane entering the site. The entrance shall have 25 -foot radial flares. 2. There shall be right and left turning lanes on North Lynnhaven Road at the site's access point on North Lynnhaven Road. 3. A variable width right-of-way reservation along North Lynnhaven Road shall be provided for an ultimate roadway width of 70 feet as shown on the Master Transportation Plan. No parking or structures may be located within the reservation area. Setbacks for the stormwater management facility and the building shall be measured from the ultimate right-of-way width. 4. Revisions to the landscape plan in the form of additional plantings and revisions to the stormwater management plan in the form of additional pollutant removal measures shall be required during the detailed review of the site plan to mitigate for Chesapeake Bay Preservation Area buffer encroachment. 5. A five foot wide on-site pedestrian walkway from the sidewalk along Virginia Beach Boulevard to the convenience store shall be provided. Where the walkway crosses a drive aisle, it shall be distinguished from the driving surface by using brick pavers, stamped asphalt or similar treatment. 6. With the exception of conditions 1 through 5 above, the site shall be developed in substantial accordance with the site plan entitled "Conceptual Site Layout and Landscape Plan for Wawa @ 2954 Virginia Beach Boulevard" dated August 8, 2002 and prepared by MSA, PC. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 7. Lighting on the site shall be the minimum necessary for site security. A detailed lighting plan shall be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. 8. The building and canopy shall be developed in substantial accordance with the architectural elevations entitled "Wawa Food Market, Virginia Beach Boulevard and North Lynnhaven Road" dated July 16, 2002 and prepared by Lynchmartinez Architects, LLC. A copy of the elevation has been exhibited to City Council and is on file in the Planning Department. 9. Tree preservation areas shall be clearly marked with appropriate tree protection barriers prior to any land disturbance occurring on site. 10. All fuel deliveries to the property shall utilize Virginia Beach Boulevard as the sole point of ingress and egress. 11. At the ingress/egress point to North Lynnhaven Road, the applicant will post signs which indicate that there will be NO LEFT TURNS from the site onto North Lynnhaven Road between the hours of 7:00 a.m. and 10:00 p.m. and from 4:00 p.m. to 6:00 p.m., Monday through Friday. WAWA Agenda Item 7 Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Convenience store with fuel pumps SURROUNDING LAND North: Office buildings, shopping Center / B-2 Community Business District USE AND ZONING: South: Virginia Beach Boulevard East: City of Virginia Beach Pump Station / B-2 Community Business District West: Retail shops / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. The Chesapeake Bay CULTURAL FEATURES: Preservation Area (CBPA) impacts the site as there is a tidal ditch adjacent to the east of the site that feeds into a creek on the north side of North Lynnhaven Road. Buffer areas for the ditch feature extend onto the eastern edge of the site, near the proposed stormwater management facility. Also, buffer areas for the creek itself extend onto the northwest corner of the site. The land disturbance within these buffer areas does not require a variance from the Chesapeake Bay Preservation Area Board. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. The use is compatible with this AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM MIN: Virginia Beach Boulevard in the vicinity of this application is an eight (8) lane divided mayor urban arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 45,700 ADT 56,240 ADT Existing Land Use — Boulevard 5,000 ADT 3— Proposed Land Use No anticipated change Average daily Trios 2 as defined by existing convenience store with fuel pumps 3 as defined by the addition of the 17 food service spaces WATER: There is a 20 -inch main in North Lynnhaven Road fronting the north side of the property and in Virginia Beach Boulevard fronting the south side of the property. There is a 16 -inch main on the south side of Virginia Beach Boulevard fronting the south side of the property. The site has an existing 5.8 -inch meter that i ' 'l Agenda Item 7 Page 3 may be upgraded. SEWER: There is a 10 -inch main in Virginia Beach Boulevard fronting the south side of the property. There is a 12 -inch main in North Lynnhaven Road fronting the north side of the property. The site is already connected to City sewer. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan designates this parcel as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non- residential, in and around these neighborhoods should serve as a guide when considering future development. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Evaluation: Wawa, Inc. has chosen this site to test market a drive -up food service concept. Specifically, a canopy that will cover menu service boards to permit customers to order food, such as sandwiches and drinks, and to have the items delivered while remaining in the car is proposed. The 14 -foot high canopies will mimic the fuel pump canopy design with aluminum, gray roof panels; white, steel painted trusses; and white steel columns. The Conditional Use Permit that was approved in 2002 for the fuel sales on this B-2 zoned property addressed some significant site issues including traffic circulation and safety, aesthetics, and landscaping. Only one (1) condition of this approval is requested for modification. The modification includes the addition of two (2) canopies for 17 drive -up food service parking spaces and the construction of a "trash disposal compound," which is necessitated by the need to eliminate the trash room inside the building as a result of the outside food service. The modification is recommended for approval subject to the conditions listed below. CONDITIONS 1. All conditions with the exception of Number 6 attached to the Conditional Use Permit granted by the City Council on November 26, 2002 shall remain in affect. 2. Condition Number 6 of the November 26, 2002, Conditional Use Permit is deleted and replaced with the following: The site shall be developed in substantial accordance with the site plan entitled "Exhibit for Wawa Food Market," dated 09/07/07, prepared by MSA, PC. A copy of this site plan has been exhibited to WAWA Agenda Item 7 Page 4 City Council and is on file in the Planning Department. 3. When the food service canopies are constructed, they shall be in substantial conformance with the elevations entitled, "Proposed Wawa, 2954 Virginia Beach Boulevard, Virginia Beach, Virginia," prepared by lynchmartinez ARCHITECTS, LLC., dated September 13, 2007, a copy of which has been exhibited to City Council and is on file in the Planning Department 4. When the trash compound is constructed, it shall be in substantial conformance with the elevations entitled, "Proposed Wawa, 2954 Virginia Beach Boulevard, Virginia Beach, Virginia," prepared by lynchmartinez ARCHITECTS, LLC., dated September 13, 2007, a copy of which has been exhibited to City Council and is on file in the Planning Department. 5. Security cameras shall be installed on the exterior of the building to monitor activity associated with the outdoor food service area. 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. WAWA Agenda Item 7 Page 5 AERIAL OF SITE LOCATION WAWA Agenda Item 7 Page 6 143Ma E It's E m SO rho PROPOSED FOOD SERVICE AREA i • 1 F � � Is pit I IN 5� j T !!to - um . St a t * l 3 t m PROPOSED SITE PLAN WAWA Agenda Item -7 Page 7 PROPOSED BUILDING ELEVATION WAWA Agenda Item 7 Page 8 7 7 ƒ PROPOSED CANOPY ELEVATION.\\. \/ WAWA Agenda §§m 7 Page 9 PROPOSED TRASH COMPOUND WAWA Agenda Item 7 Page 10 f, s -u PROPOSED TRASH COMPOUND WAWA Agenda Item 7 Page 10 •1. DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Wawa, Inc. — See Attached List of Officers 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Pine Tree Inn Associates, L.L.C.: J.E. Causey Davis; C. Cullen Davis; Katherine Davis Moore; Bank of America, Trustee under Will of J.E. Clayton Davis, deceased 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 WAWA Agenda Item 7 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. MSA, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instruct' his package. ya Inc. -rwa A ' A i nt's gnature Print Na e B' y; J.E. Causey Davis Prope wner's Signatur (if different t an applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 WAWA Agenda Item 7 Page 13 «'ANN -A, SNC. Co crate Officers Chief Executive Officer hovard B Stoeckel — �glon Circle 6' 4 Stomr North Wales. PA 194;4 President The]`. du Pont P O. Box 39-, ,-naoinrille . ?A 19 Senior Vice President - Real Estate Joseph C. Losal. Assistant Secretar., S;6 Penn's 'A, aN West Chester. ?A 19352 Senior Vice President - Store Hewn J McHugh Operations 578 '\khiLflord Hills Re -ad Exton. PA 19',41 Senior Vice President - Chief Marketing Robert L. Price Officer 1344 Valle% Road Villanova, PA 1909; Senior %'ice President ChieflFriancia; Daeid:k Johnston Officer 301 Windsor Avenue Wa%mc. PA 19087 Vice President - Chief People Carol E Jensen Officer 328 N. Fairfield Road Devon, PA 19333 cc President - Logistics Turd -bello Tames K 131= Procurement QC- Indian Springs Road Upper Providence,PA 19063 \ice President - Information Neil F %IcCarth:v Technology -v 1031 Buckul Was -.a: est Chester, PA '.9352 General Counsel and Secretar% Mark N* Sapreiiant 5S5 Empress Road -,A, est Chester, PA 19352 n! and Tieasue- Anne 19 Lea Drive Cl -,adds Fon-4. PA 19 r', iii son KaLherin� J Dick, Post Office Box; -1 (:h:,dJs Ford. ?A 19' 1 Mi,,:Iiael J EckhaLit 602 Patriot Lwie West Pike WAWA Agenda Item 7 Page 14 Item #7 Wawa, Inc. Modification of Conditions 2954 Virginia Beach Boulevard District 5 Lynnhaven November 14, 2007 CONSENT Janice Anderson: The next matter is agenda item 7. This is the application of Wawa, Inc. It is for a Modification of Conditions, approved by City Council on November 26, 2002. The property is located at 2954 Virginia Beach Boulevard, Lynnhaven District. Mr. Bourdon? Eddie Bourdon: Thank you again. On behalf of Wawa, we want to express our appreciation for the compliments that you all expressed this morning regarding the high operating standards. We appreciate the modification being placed on the consent agenda for this test market in the area, with the patio and curb side food service at this location. We think that it will be a big success and appreciate your endorsement of it. Thank you. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application being placed on the consent agenda? Seeing none, the Chairman has asked Kathy Katsias to review this for us. Kathy Katsias: Good afternoon. This property, located at 2954 Virginia Beach Boulevard, was approved by City Council on November 26, for fuel sales. Wawa has chosen this as a test market site for a drive-in food service concept. Specifically, a canopy that will cover menu service boards to permit customers to order food, such as sandwiches and drinks, and have these items delivered while you remain in your car. The modification includes the addition to two canopies and 17 drive -up food service parking spaces. The staff has recommended approval subject to five conditions. Therefore, we put it on the consent agenda. Janice Anderson: Thank you Kathy. Mr. Chairman, I would like to make a motion to approve agenda item 7. Dorothy Wood: Second. Barry Knight: Thank you. There is a motion on the floor to approve agenda item 7 by Jan Anderson and a second by Dot Wood. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE Item #7 Wawa, Inc. Page 2 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 7. CUP - Horse Boarding & Training CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Wellington Farm, L.L. C. for a Conditional Use Permit for boarding and training of horses on property located at 3125 Hungarian Road (GPIN 1388743606). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: December 11, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow horse boarding and training on the site. The applicant provides competitive horse training for dressage competition. Dressage involves guiding the horse through a series of complex maneuvers by slight movements of the rider's hands, legs, and weight, and is often referred to as "horse ballet". Once the horse has been trained, the horse returns to its home stable. The farm is not open to the general public for boarding and riding. The applicant does, however, host five to six fundraising events during the year for local charities. Typically 30 to 50 people attend the fundraisers. ■ Considerations: The submitted plan shows an existing 120 -foot by 40 foot (120' x 40) barn, 200 - foot by 80 -foot (200'x 80) indoor riding arena, 210 foot by 80 -foot (210' x 80') outdoor riding arena, storage hut, gravel parking areas, and two-story brick and frame dwelling. The barn and riding arena are of an architectural style typical in the horse boarding and training field. The boarding barn has 15 stalls, each with an automatic stainless steel horse watering system. The boarding barn is also equipped with heat sensors directly connected to the Fire Department. The indoor riding arena has mirrors installed on the walls so the rider may watch the performance of the horse. The farm uses Eurofelt in the arenas. It is a fabric based material that is worked into the sand making the riding surface more stable and consistent. Misting systems have also installed in the indoor and outdoor arenas to keep the dust down. The Planning Commission placed this item on the consent agenda because they concluded the proposal is appropriate and compatible with the surrounding area, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Wellington Fane, L.L.C. Page 2 of 2 1. If this Use Permit is approved by the City Council, the applicant shall have six (6) months from the date of City Council action to obtain approval from the Department of Planning / Permits and Inspections and the Health Department for the required sewage disposal system and water supply well for the barn operation. If determined necessary by the Building Official, the Building Official may grant one (1) extension of six (6) months for the applicant to obtain said approval. Failure to obtain the required approvals shall result in action by the Zoning Administrator to pursue revocation of the Conditional Use Permit. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning / Permits and Inspections Division of the Planning Department for the boarding barn and the indoor arena. Any special requirements with regard to the fundraising events shall also be met. The applicant shall obtain a Certificate of Occupancy from the Building Official for the boarding barn and the indoor arena. 3. Fundraising events shall be limited to six (6) times a year. 4. All parking for the attendees of the fundraising events shall be met on site. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency- Planning Department City Manage • S t� WELLINGTON FARM, L.L.C. Agenda Item 3 November 14, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for horse boarding and training ADDRESS / DESCRIPTION: Property located at 3125 Hungarian Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 13887436060000; 7 — PRINCESS ANNE 78.538 acres 13888413680000 The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST horse boarding and training on the site. The applicant provides competitive horse training for dressage competition. Dressage involves guiding the horse through a series of complex maneuvers by slight movements of the rider's hands, legs, and weight, and is often referred to as "horse ballet". The applicant also hosts five to six fundraising events during the year for local charities. Typically 30 to 50 people attend the fundraisers. The submitted plan depicting improvements on the site shows a 120 -foot by 40 -foot (120'x 40) barn, a 200 -foot by 80 -foot (200' x 80') indoor riding arena, a 210 -foot by 80 -foot (210' x 80') outdoor riding arena, a storage hut, gravel parking areas, and a two-story brick and frame dwelling. The existing barn and riding arena are of an architectural style typical in the horse boarding and training field. The boarding barn has 15 stalls, each with an automatic stainless steel horse watering system. The boarding barn is also equipped with heat sensors directly connected to the fire department. The indoor riding arena has mirrors installed on the walls so the rider may watch the performance of the horse. The farm uses Eurofelt in the arenas. It is a fabric based material that is worked into the sand making the riding surface more stable and consistent. Misting systems have also installed in the indoor and outdoor arenas to keep the dust down. WELLINGTON FARM, L.L.C. Agenda Item 3 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: A newly constructed single-family dwelling, farm outbuilding, boarding barn, outdoor and indoor riding arenas exist on the site. SURROUNDING LAND North: . Single-family dwellings and cultivated farm fields / AG -2 USE AND ZONING: Agricultural South: . Single-family dwellings and cultivated farm fields / AG -2 Agricultural East: . Single-family dwellings and cultivated farm fields / AG -2 Agricultural West: . Single-family dwellings and cultivated farm fields / AG -2 Agricultural NATURAL RESOURCE AND The site is comprised of Arcedale soil, which is poorly drained. The site CULTURAL FEATURES: is nearly level and consists of paddock areas for the horses. 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): Hungarian Road is a two-lane rural roadway. There are no plans to improve this roadway. Hungarian Road is currently a 30 -foot right-of-way. The applicant will be required to reserve approximately 15 -feet of right-of-way along the property frontage. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Hungarian Road No data 7,400 ADT Existing Land Use —10 available ADT Proposed Land Use 3— No data available Average uauy i rips 2 as defined by an agricultural use 3 no professional trip generation is available for the proposed use WATER and SEWER: On April 27, 2005, the Health Department received an application from Morton Buildings for a Riding -Pole barn for 3125 Hungarian Road. Included with that application was a letter from Dave Reed that stated the riding arena was for personal use and there would be no boarding horses or riding academies. A letter dated May 5, 2005 was issued from the Health Department approving the application with the condition that the riding ring shall not generate any sewage and shall be constructed in the approved location. The department discovered that a sewage disposal system and water supplies had been constructed to serve the above application. The WELLINGTON FARM, L.L.C. Agenda Item 3 Page 2 sewage disposal system and the water supply well were installed without the required permits. A meeting was held at the City of Virginia Beach, Building Permits and Inspections Office to discuss the above issue. Present were Cheri Hainer, Building Codes Administrator, Faith Christie, Planning Department, City of Virginia Beach, Frank Scanlon, Environmental Health Manager, Clifton D. Horne, Environmental Health Supervisor, and Mr. and Mrs. Dave Reed, 3125 Hungarian Road. Mr. Scanlon informed Mr. Reed to stop generating any wastewater from the facilities and to use the well only on a temporary basis for the horses. Mr. Scanlon stated that the site and soil conditions would not meet the Commonwealth of Virginia Sewage Handling and Disposal Regulations. Mr. Scanlon informed Mr. and Mrs. Reed not to cause or allow the construction, operation, expansion or modification of a sewage disposal system without a written construction permit from the Health Department. As of this date, no sewage disposal system construction permit and / or operation permit has been issued by the Department of Health for the above referenced facilities. The applicant contacted staff concerning the temporary use of a 'porta-john' system pending the approval by the Health Department of a well and septic system. The Building Official advised staff that she would grant a permit modification provided the Heath Department agreed to the modification. The applicant also has purchased an additional 56.207 acres of property to the east of the site and is working with a soil scientist to determine if there is a site within the 56 acres that will support a well and septic system. AGRICULTURE: The applicant is encouraged to contact the Agricultural Department with regard to the Agricultural Reserve Program. The site is a prime candidate for the program. SCHOOLS: School populations are not affected by the proposed use. FIRE: There are no Fire Department concerns at this time. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the "Rural Area". The physical character of this area is low, flat land with wide floodplains and altered drainage. It contains working farms, farm related businesses, limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agricultural and other rural -based economic activities in this part of Virginia Beach. This presence is reflected in the diversity of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with surrounding uses. Equestrian facilities are a desired activity in the rural area. According WELLINGTON FARM, L.L.C. Agenda Item 3 Page 3 to recent newspaper articles, the horse industry in the rural portion of the city has increased dramatically over the past several years, and this facility has been featured in several articles. This facility is unique in that it provides a specialized training known as dressage, which guides a horse through a series of complex maneuvers by slight movements of the rider's hands, legs, and weight. The applicant boards the horse while in training. Once the horse has been trained, the horse returns to its home stable. The farm is not open to the general public for boarding and riding. The applicant does host several fundraising events during a typical year with 30 to 50 attendees. There is ample area to park vehicles, and staff believes the events do not place any undue hardships on surrounding properties. Therefore the staff recommends approval subject to the following conditions. CONDITIONS 1. If this Use Permit is approved by the City Council, the applicant shall have six (6) months from the date of Council action to obtain approval from the Department of Planning / Permits and Inspections and the Health Department for the required sewage disposal system and water supply well for the barn operation. Failure to obtain the required approvals shall result in action by the Zoning Administrator to pursue revocation of the Conditional Use Permit. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning / Permits and Inspections Division of the Planning Department for the boarding barn and the indoor arena. Any special requirements with regard to the fundraising events shall also be met. The applicant shall obtain a Certificate of Occupancy from the Building Official for the boarding barn and the indoor arena. 3. Fundraising events are limited to six (6) times a year. At each event, there shall be no more than 50 attendees or the number of attendees determined by the Building Code Official (the lower of the two numbers shall be the maximum number of attendees at any one event). 4. All parking for the attendees of the fundraising events shall be met on site. 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. WELLINGTON FARM, L.L.C. Agenda Item 3 Page 4 AERIAL OF SITE LOCATION` WELLINGTON FARM, L.L.C. Agenda Item 3 Page 5 fit a ��a At! 4113 ce so ti a c 'r x"°w'° cwa+ .wy�s M9wQCaes In sVAw c ��s :Oro �.a owo P C xfl� i �j tr7.0 'L 'CS Wits 4�aLVCi006LtiLWL +o?a, t>h4 ¢£�„ap'ri�� OYt '60MN � P_ PROPOSED SITE PLAN` WELLINGTON FARM, L.L.C. Agenda Item 3 Page 6 EXISTING FACILITY WELLINGTON FARM, L.L.C. Agenda Item 3 Page 7 EXISITNG BOARDING BARN WELLINGTON FARM, L.L.C. Agenda Item 3 Page 8 EXISTING INDOOR ARENA WELLINGTON FARM, L.L.C. Agenda Item 3 Page 9 There is no zoning activity in the immediate area to report. ZONING HISTORY WELLINGTON FARM, L.L.C. Agenda Item 3 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Wellington Farm, L.L.C.: David Reed, Member, Taunia Reed, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) El Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) David Reed and Taunia Reed, individually 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9!1/2004 WELLINGTON FARM, L.L.C. Agenda Item 3 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) NDI Basgier & Associates -Sykes, Bourdon, Ahern & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. YV,e"�on Farrm L.L.C. • \; �, �_ ,�.y� R. Edward Bourdon, Jr.. Attorney for Applicant Property Owner's Signature (if different than applicant) Print Name David Reed Taunia Reed Print Name Conditional Use Permit Application Page 10 of 10 Revised 911/2004 WELLINGTON FARM, L.L.C. Agenda Item 3 Page 12 Item #3 Wellington Farm, L.L.C. Conditional Use Permit 3125 Hungarian Road District 7 Princess Anne November 14, 2007 CONSENT Barry Knight: Our next order of business will be our consent items. Our Vice Chair will handle this portion. Janice Anderson: Thank you Mr. Chairman. This afternoon we have 7 items on the consent agenda. The first one is agenda item 3. That is the application of Wellington Farm, L.L.C., for a Conditional Use Permit for boarding and training horses on property located 3125 Hungarian Road, Princess Anne District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson. For the record, Eddie Bourdon, a Virginia Beach attorney, representing the applicants. Dave and Taunia Reed, the owners are here. First of all, we would like to express our appreciation for the kind compliments that we heard this morning. It truly is a very beautiful facility. I want to thank Faith and Cheri Hainer and Karen Lasley for their patience and professionalism in working with us on this matter. We will work diligently to solve the human offal and disposal issue on the property. We hope to do that within six months, but any additional time would likely be beneficial, but we're doing everything we can to get that resolved. I thank you for putting us on the consent agenda. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Don Horsley to review this application for us. Donald Horsley: Thanks Jan. The applicant requests a Conditional Use Permit for horse boarding and training. They raise horses and train them in dressage. Dressage is characterized by the under knowledge person of the horse industry, like myself, as horse ballet. I think it speaks well. It takes some good training, doesn't it Ms. Katsias, to train dressage. They started doing it on their own, and it came to be that they needed to train horses for other people; so, it required a Use Permit for a boarding of other horses while they are there in training. So, this is really what the Comprehensive Plan says that we would like to occur in the southern end of the City. We can take property that is farmland and convert it to other agricultural uses such as the horse industry, and use it for those uses and keep our agricultural industry surviving, and keeping our little heritage the way that we all want it to be. Mr. and Mrs. Reed have consented to do a lot of things to make this happen, and we would like to make this happen. You see a picture of their home that they just built there within the last 30 days, I believe. There is no opposition to this application. It has four conditions for approval. The first condition states the one about the six months, and Mr. Bourdon was speaking of. I understand that is according to the Building Code, and that has Item #3 Wellington Farm, L.L.C. Page 2 to stay six months, but I would like it to be publicly known that six months is kind of hard to get a lot of things done, and that is probably going to need to be stretched. I hope that somewhere during the process that we can have either an automatic renewal of a second six months or either get this stretched to at least twelve months. The other concern that I had was about the fund raising events that the Reeds have on their property. They have approximately six fund raising events a year. We had put down there no more than 50 people. There probably won't be anymore than 50 people, but I just would hate to see numbers put in an application where nobody is really worried about numbers for events like this. I think they leave that number open ended so I would like for number three to just stop with the fund raising events are limited to six times a year and leave that last sentence out of there of the conditions. That is the way that I would like to have it read. So, with no complaints, we would like to have it put on the consent agenda, and if at all possible, have those statements one removed and the other one just on the record that they would like to have it extended, if possible. Janice Anderson: Thank you Mr. Horsley. Mr. Chairman, I would like to make a motion to approve agenda item 3. Dorothy Wood: Second. Barry Knight: Thank you. There is a motion on the floor to approve agenda item 3 by Jan Anderson and a second by Dot Wood. Item 3, has two condition changes made by Mr. Horsley, and were made with the consensus of the rest of the Commission. Is there any discussion? I'll call for the question. Ed Weeden: By a vote of 11-0, the Board has approved item 3, with the changes so noted. AYE 11 NAY 0 ABS 3 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 3, with the changes so noted. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Oceana Church of Christ for a Conditional Use Permit for a church on property located at 3073 Indian River Road (GPIN 1483926900). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: December 11, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a 342 seat sanctuary and future 6,671 square foot gymnasium. The existing, 40 year old church was, until recently, located at the intersection of Virginia Beach Boulevard and Oceana Boulevard. A severe mold and mildew problem at that location has forced the church to relocate. According to the application, the church membership currently consists of 30 families. ■ Considerations: The subject site is very deep and has approximately 318 feet of frontage along Indian River Road. A portion of the rear of the property is encumbered by APZ-2 for Fentress Airfield, floodplain (approximately 1/3 of the site), and potentially, other environmental issues. However, the majority of the site is outside of the 100 year floodplain and is suitable for development, provided that approval is obtained from the Health Department for water and sewer needs. The site plan depicts the sanctuary, approximately 9,000 square feet in size, 160 feet from the existing Indian River Road right-of-way. A 20 -foot wide reservation for the expansion of Indian River Road will be required during final site plan review; therefore, the parking that is depicted on the submitted plan will need to be redesigned in order to meet the 50 -foot wide setback from the reservation (a condition to that affect is recommended below). The minimum required parking for a church this size is 69 spaces. The site plan depicts 83 parking spaces. The gymnasium is depicted behind and connected to the proposed church. The submitted building elevations indicate a contemporary design constructed with textured cement block in various colors. The proposed canopy provides architectural interest with the use of etched glass, columns and a covered walk. The church will be no higher than 30 feet. The Comprehensive Plan recognizes this area as rural with uses related to farming, forestry, rural residential and other rurally compatible uses. The Oceana Church of Christ Page 2 of 3 proposed self -standing church on a roughly 17.2 acre wooded site is a compatible use in the rural area of the city. The parcel is located within the 70-75 dB Ldn AICUZ. A church and gymnasium are conditionally compatible uses within the 70-75 AICUZ, provided sound attenuation is installed to reduce the noise levels inside the building. The rear portion of the property that is APZ-2 cannot be used for church buildings. The submitted site plan shows no buildings or other site improvements within that area. The Planning Commission placed this item on the consent agenda because they concluded the use is appropriate and compatible with the surrounding area, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: When the property is developed, the site layout shall be in substantial conformance with the plan entitled, "Preliminary Site Plan, 17.216 acre parcel, located on Indian River Road" dated 8/31/07, prepared by Engineering Services, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department, with the exception of conditions listed below and that neither the sanctuary nor the gymnasium shall be any closer than 100 feet from the reservation required by the Department of Public Works. The final size of the reservation (approximately 20 feet in width) shall be determined by the Department of Public Works during final site plan review. 2. When the building is constructed, it shall be in substantial conformance with the elevation entitled, "Oceana Church of Christ, New Construction," dated 08/31/07, prepared by Ionic Dezign Studios. 3. In an effort to aid in achieving the desires of a Princess Anne Area Buffered Roadway, all parking shall be no closer to the right-of-way than the front of any fagade facing Indian River Road. The site plan referenced in Condition 1 may be adjusted to meet this requirement. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A Photometric Lighting Plan depicting such lighting shall be submitted to the City of Virginia Beach for review and approval with the final site plan submission. Said Lighting Plan shall be void of any wall mounted lighting that just directs light outward and upward. ■ Attachments: Staff Review Disclosure Statement Oceana Church of Christ Page 3 of 3 Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage; c\`� OCEANA CHURCH OF CHRIST Agenda Item 4 November 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for church ADDRESS / DESCRIPTION: Property located on the south side of Indian River Road at 3073 Indian River Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 148392690000 7 — PRINCESS ANNE 17.216 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a 342 seat sanctuary and future 6,671 square foot gymnasium. The existing, 40 year old church was, until recently, located at the intersection of Virginia Beach Boulevard and Oceana Boulevard intersection. A severe mold and mildew problem at that location has forced the church to relocate. According to the application, the church membership currently consists of 30 families. The subject site has approximately 318 feet of frontage along Indian River Road and is very deep. It appears that a portion of the rear of the property is encumbered by APZ-2 for Fentress Airfield, floodplain (approximately 1/3 of the site), and potentially, other environmental issues. However, the majority of the site is outside of the 100 year floodplain and is suitable for development, provided that approval is obtained from the Health Department for water and sewer needs. The site plan depicts the sanctuary, approximately 9,000 square feet in size, 160 feet from the existing Indian River Road right-of-way. A 20 -foot wide reservation for the expansion of Indian River Road will be required during final site plan review; therefore, the parking that is depicted on the submitted plan will need to be redesigned in order to meet the 50 -foot wide setback from the reservation. Since the site is over 17 acres, this is not an issue that needs to be addressed prior to final site plan review. The minimum required parking for a church this size is 69 spaces. The site plan depicts 83 parking spaces. The gymnasium is depicted behind and connected to the proposed church. The submitted building elevations depict a contemporary design constructed with textured cement block with changes in color. The proposed canopy provides architectural interest with the use of etched glass, columns and a covered walk. The concept plan indicates that the church will be no higher than 30 feet. OCEANA CHURCH OF CHRIST Agenda Item 4 Page 1 Oceana Church of Christ M- N- �',�I�j ur`��',i J7Gj�► i �j ,L W a ADDRESS / DESCRIPTION: Property located on the south side of Indian River Road at 3073 Indian River Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 148392690000 7 — PRINCESS ANNE 17.216 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a 342 seat sanctuary and future 6,671 square foot gymnasium. The existing, 40 year old church was, until recently, located at the intersection of Virginia Beach Boulevard and Oceana Boulevard intersection. A severe mold and mildew problem at that location has forced the church to relocate. According to the application, the church membership currently consists of 30 families. The subject site has approximately 318 feet of frontage along Indian River Road and is very deep. It appears that a portion of the rear of the property is encumbered by APZ-2 for Fentress Airfield, floodplain (approximately 1/3 of the site), and potentially, other environmental issues. However, the majority of the site is outside of the 100 year floodplain and is suitable for development, provided that approval is obtained from the Health Department for water and sewer needs. The site plan depicts the sanctuary, approximately 9,000 square feet in size, 160 feet from the existing Indian River Road right-of-way. A 20 -foot wide reservation for the expansion of Indian River Road will be required during final site plan review; therefore, the parking that is depicted on the submitted plan will need to be redesigned in order to meet the 50 -foot wide setback from the reservation. Since the site is over 17 acres, this is not an issue that needs to be addressed prior to final site plan review. The minimum required parking for a church this size is 69 spaces. The site plan depicts 83 parking spaces. The gymnasium is depicted behind and connected to the proposed church. The submitted building elevations depict a contemporary design constructed with textured cement block with changes in color. The proposed canopy provides architectural interest with the use of etched glass, columns and a covered walk. The concept plan indicates that the church will be no higher than 30 feet. OCEANA CHURCH OF CHRIST Agenda Item 4 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped, wooded, vacant site SURROUNDING LAND North: . Indian River Road USE AND ZONING: . Cultivated field / AG -2 Agricultural District South: . Floodplain, undeveloped / AG -2 Agricultural District East: . Forest / AGA & 2 Agricultural District West: . Single-family dwelling / AG -2 Agricultural District NATURAL RESOURCE AND The majority of the site is wooded. The rear portion of the property is CULTURAL FEATURES: located within the 100 year floodplain. No development is proposed within the environmentally sensitive portion of the site. AICUZ: The site is in an AICUZ of 70-75 and slightly within the greater than 75 dB Ldn surrounding NAS Oceana. The rear of the site is within APZ-2 of Fentress Airfield. Churches are conditionally compatible within this AICUZ (sound attenuation is required). The rear portion of the property that is APZ-2 may not be used for church buildings. The submitted site plan shows no buildings or other site improvements within that area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is a two (2) -lane suburban arterial. This section of the roadway is shown on the MTP as a Princess Anne Area Buffered Roadway. Improvements are planned within CIP 2-504; however, the project status is requested but not funded at this time. This Buffered Roadway designation calls for: "Significant buffers to accommodate aesthetic treatment and/or setback should be integrated along these designated roadway segments consistent with the adopted planning policies of the Princess Anne Area." This road is to include landscaping, aesthetic enhancements, multi-purpose paths and bike lanes. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River 5,700 ADT 8,800 ADT (Level of Existing Land Use —10 Road Service "C") ADT Proposed Land Use 3— 84 ADT Weekday 337 ADT Sunda Average Daily Trips 2 as defined by agricultural use 3 as defined by 9,195 square foot church OCEANA CHURCH OF CHRIST Agenda Item 4 Page 2 WATER & SEWER: City water and sewer do not front this site. Heath Department approval is required for private wells and for required septic systems. The applicant is aware of this requirement and has been in contact with the Health Department. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Comprehensive Plan recognizes this area as agricultural/rural with uses related to farming, forestry, rural residential and other rurally compatible uses. It is Staffs position that the proposed self -standing church on a roughly 17.2 acre wooded site is a compatible use in the rural area of the City. In addition, a church and gymnasium are conditionally compatible uses within the 70-75 AICUZ, provided measures are installed to reduce the noise levels inside the building. The rear portion of the property that is APZ-2 may not be used for church buildings. The submitted site plan shows no buildings or other site improvements within that area. This section of Indian River Road is shown on the Master Transportation Plan as a Princess Anne Area Buffered Roadway. Specifically, this designation notes that "significant buffers to accommodate aesthetic treatment and/or setback should be integrated along these designated roadway segments consistent with the adopted planning policies of the Princess Anne Area." This road is to include landscaping, aesthetic enhancements, multi-purpose paths and bike lanes. The 20 foot reservation that will be required during final site plan review along with the minimum 50 foot front setback from the ultimate right-of-way will aid in meeting this goal. In addition, Staff has recommended a condition that all parking be no closer to the right-of-way than the front facade of the structure. In terms of calculating the trips generated by the church and the gymnasium, Traffic Engineering Staff estimates that the future church gymnasium will generate approximately 50 additional weekday trips and 50 additional Saturday trips. Sunday trips, solely for the gymnasium are estimated at 25. In light of these trip numbers, Staff did not see a need for traffic studies nor does Staff expect any negative impacts to the existing roadway. CONDITIONS When the property is developed, the site layout shall be in substantial conformance with the plan entitled, "Preliminary Site Plan, 17.216 acre parcel, located on Indian River Road" dated 8/31/07, prepared by Engineering Services, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department, with the exception of conditions listed below and that neither the sanctuary nor the gymnasium shall be any closer than 100 feet from the reservation required by the Department of Public Works. The final size of the reservation (approximately 20 feet in width) shall be determined by the Department of Public Works during final site plan review. 2. When the building is constructed, it shall be in substantial conformance with the elevation entitled, "Oceana Church of Christ, New Construction," dated 08/31/07, prepared by Ionic Dezign Studios. OCEANA CHURCH OF CHRIST Agenda Item 4 Page 3 3. In an effort to aid in achieving the desires of a Princess Anne Area Buffered Roadway, all parking shall be no closer to the right-of-way than the front of any facade facing Indian River Road. The site plan referenced in Condition 1 may be adjusted to meet this requirement. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A Photometric Lighting Plan depicting such lighting shall be submitted to the City of Virginia Beach for review and approval with the final site plan submission. Said Lighting Plan shall be void of any wall mounted lighting that just directs light outward and upward. 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. OCEANA CHURCH OF CHRIST Agenda Item 4 Page 4 AERIAL OF SITE LOCATION OCEANA CHURCH OF CHRIST Agenda Item 4 Page 5 73�2iVd32i�il9ti'lt uaeFd a3fS Aif U Wd 3 �, t s �t tt a PROPOSED SITE PLAN OCEANA CHURCH OF CHRIST Agenda Item 4 Page 6 s � m �, t s �t tt a PROPOSED SITE PLAN OCEANA CHURCH OF CHRIST Agenda Item 4 Page 6 RAN) 'OND (31V if 1 Ep,4.rH LANE BRIOL " Dl - PROPOSED SITE PLAN OCEANA CHURCH OF CHRIST Agenda Item 4 Page 7 OCEANA CHURCH OF CHRIST Agenda Item 4 Page 8 MR OCEANA CHURCH OF CHRIST Agenda Item 4 Page 8 WROPOSED BUILDING RENDERING OCEANA CHURCH OF CHRIST Agenda Item 4 Page 9 PROPOSED BUILDING RENDERING (Canopy) OCEANIA CHURCH OF CHRIST Agenda Item 4 Page 10 1 12/05/05 Subdivision Variance Granted 2 06/22/93 Amendment to the Land Use Plan Granted 3 01/11/05 CUP horse boarding) Granted 4 10/24/06 CUP firewood rep Granted ZONING HISTORY OCEANA CHURCH OF CHRIST Agenda Item 4 Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Trustees: Steve Beam and Wes Ray: Elders: Stan Paradowski and D. Eugene Thompson 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NONE X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Leon Vincent Amis 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NONE X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 71312007 OCEANA CHURCH OF CHRIST Agenda Item 4 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Ionic Dezigns (D Eugene Thompson AIA) _Engineering Services Inc (Christopher T Aebel P E ) Inman & Strickler PLC (Vincent R Olivieri Esquire) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. —Contract of Purchase Attached in Lieu of Signature Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 OCEANA CHURCH OF CHRIST Agenda Item 4 Page 13 Item #4 Oceana Church of Christ Conditional Use Permit 3073 Indian River Road District 7 Princess Anne November 14, 2007 CONSENT Janice Anderson: The next matter on the consent agenda is item is agenda item 4. This is the application of Oceana Church of Christ. It is for a Conditional Use Permit for a church located at 3073 Indian River Road, in the Princess Anne District. Welcome sir. Vincent Olivieri: Good afternoon. My name is Vincent Olivieri. I'm the attorney for the applicant. We have reviewed the staff report, and we are okay with all the requirements and conditions that were put in there. There is plenty of room on the site to be able to accomplish the reservation for the widening of Indian River Road and parking issues. I don't believe there is any opposition. We have Mr. Eugene Thompson, who is the representative from the church here to any specific questions. They are very happy that they have been able to find a site. They kind of had some problems with their old location, and they have been looking for a long time. I appreciate your support. Janice Anderson: Thank you Mr. Olivieri. Is there any opposition to this application being placed on the consent agenda? Seeing none, the Chairman has asked Gene Crabtree to review this application. Eugene Crabtree: This church has been at its current site at the corner of Oceana Boulevard and Virginia Beach Boulevard for some 40 years. But due to the structure of the building and all, there were some problems with the buildings which caused it to relocate. The church has approximately 30 families which attend services there, and I said they are in dire need to move another site. The site that they are moving to is primarily wooded. However, the rear portion is in a floodplain but that portion will not be used for any building whatsoever. It is also in the increased noise zone but the increased noise zone that it is in, is compatible with sound attenuation built into the building as far as the Department of Defense is concerned within that noise zone. The church and the gym will have these capabilities. There are four conditions that are with this particular application. Staff has approved the application. It is alliance with the Comprehensive Plan, and therefore, we put it on the consent agenda. Janice Anderson: Thank you Gene. Mr. Chairman, I would like to make a motion to approve agenda item 4. Dorothy Wood: Second. Barry Knight: Thank you. There is a motion on the floor to approve agenda item 4 by Jan Anderson and a second by Dot Wood. Is there any discussion? I'll call for the question. Item #4 Oceana Church of Christ Page 2 AYE 11 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE NAY 0 ABS 0 ABSENT Ed Weeden: By a vote of 11-0, the Board has approved item 4. lhap Ma NA !t.le Willie Don'ald Martin, Jr. s �1 CUA for: Automotive Repair (Body Shop) IA- ro{ s a� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Willie Donald Martin, Jr. for a Conditional Use Permit for an automobile repair garage on property located at 1128 Barrs Road (GPIN 1459700591). DISTRICT 4 — BAYSIDE. MEETING DATE: December 11, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for an automobile repair garage. The applicant currently operates his business on Connie Lane and Connie Way. A street closure and conditional rezoning recently approved at that location to allow development of a multi -family project necessitates the need for the applicant to relocate. It is the applicant's desire to relocate to the subject property, which has been in his family for over 70 years. The site is located within Strategic Growth Area 1 — Northampton Boulevard Corridor Area. The Plan's policies for Strategic Growth Area 1 recognize that this area has evolved into a major employment center in South Hampton Roads with exceptional transportation access that serves its corporate and industrial clientele. A study has been undertaken jointly by the City of Virginia Beach, the City of Norfolk, and the Norfolk Airport Authority to assess the potential for comprehensive development of the area in which this rezoning request is located. The study, known as The Northampton Boulevard Corridor Master Plan Study, is currently in draft form and has not yet been approved by the City Council. City staff is currently in the process of determining implementation measures that will allow the recommendations of the Comprehensive Plan for this area to proceed. The draft study assemblage of land for high-intensity development, specifically multi -story class A and B office Campus Park with mixed uses to include flex/office, research and development, and light industrial and retail. The City Council deferred this application on October 9, 2007, allowing the applicant time to secure a letter of approval from the Federal Aviation Administration (since the site is within the Crash Zone of Norfolk International Airport). The applicant has secured the letter, and it is attached. The City Council also directed the staff to work with the applicant to either purchase the applicant's site or to locate a new site for the applicant. Staff has strived to achieve either of those solutions, but there was no result which was agreeable to both parties. Willie Donald Martin, Jr. Page 2 of 3 ■ Considerations: The applicant proposes to construct an 8,000 -square foot building, 12 parking spaces, landscaping, and a six-foot chain link fence enclosing the site. The proposed building is a steel system building, 100 -feet in width by 80 -feet in depth. The proposed height ranges from 12 -feet to 20 -feet. While the proposed automobile repair facility would, at first glance, appear consistent with the development policies established for Strategic Growth Area 1, a continuation of uncoordinated development efforts such as this are not consistent with the City's long-term vision and strategy for making this area an important and evolving office / industrial park. Unlike any of the other office - industrial parks in the city, the Airport Industrial Park is served by excellent Interstate and arterial highway access and a key railroad link that provides access to major external markets located in the region, state, and nation. The pending Northampton Boulevard Corridor Master Plan / Airport Industrial Park Expansion Plan for this office / industrial park corridor does not support the uncoordinated singular land use efforts that are starting to emerge in this office park. Staff cannot support this application at this time, and recommends indefinite deferral to provide staff time to finalize implementation strategies for Strategic Growth Area 1. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve this request with the following conditions: 1. The applicant shall file the "Notice of Proposed Construction", Federal Aviation Administration (FAA) Form 7460-1 as required by Federal Aviation Regulation Part 77 with regard to development in the Runway Protection Zone of Norfolk International Airport. A copy of the FAA approval shall be submitted to the City of Virginia Beach Planning Department before any site development and building construction plans are accepted for review. 2. If approved by the FAA, the site shall be developed substantially in accordance with the submitted "BOUNDARY AND PARTIAL TOPOGRAPHIC SUREVEY OF 1128 BARRS ROAD — SITE 12, CORNICK FOARM — 2.71 ACRES for WILLIE MARTIN", prepared by East Coast Hydrographic Surveyors and Consultants, and dated 9/12//06, unless modification to the plan is required by the FAA approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Willie Donald Martin, Jr. Page 3 of 3 3. If approved by the FAA, the proposed building shall substantially conform to the General Steel Corporation Building Systems elevations submitted with the request. The sides and rear of the building may be steel building system. The front of the building shall be a combination of block and steel as depicted on the elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The applicant shall work with the Virginia Beach Fire Department and the Permits and Inspections Division of the Department of Planning to obtain approval for the required fire protection systems. 5. Any proposed fencing around the building or site shall meet the requirements of the City Zoning Ordinance Landscape Screening and Buffering regulations. 6. All parking shall meet the dimensional requirements of the City Zoning Ordinance parking regulations. 7. All automotive repairs shall take place inside the building. 8. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. There shall be no outside storage of equipment, parts, or materials. 9. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. The plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. The plan shall also include provisions for implementing low-level security lighting for non -business hours. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends an indefinite deferral. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: Obi, WILLIE DONALD MARTIN, JR. Agenda Item 26 September 12, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for an automobile repair garage '►�► a_+ W2WW Donald Martm IT. R -s1 .,fir �l�,rr ,,• F-z� : � . I t LT kw: AWOMNA* &-P*y M64v MOP) ADDRESS / DESCRIPTION: Property located at 1128 Barrs Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14597005910000 4 - BAYSIDE 2.71 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for an automobile repair garage. The applicant currently operates his business on Connie Lane and Connie Way. A street closure and conditional rezoning recently approved to allow development of a multi -family project on that site necessitates the need for the applicant to relocate. An 8,000 -square foot building, 12 parking spaces, landscaping, and a six-foot chain link fence enclosing the site is shown on the submitted site development plan. The proposed building is a steel system building, 100 -feet in width by 80 -feet in depth. The proposed height ranges from 12 -feet to 20 -feet. Application History: This request was deferred indefinitely at the June 13, 2007 Planning Commission meeting due to several issues: A study has been undertaken jointly by the City of Virginia Beach, the City of Norfolk, and the Norfolk Airport Authority to assess the potential for comprehensive development of the area in which this rezoning request is located. The study area is bound by Lake Wright on the west, Northampton Boulevard on the south, Baker Road on the east, and Norfolk International Airport on the north, and comprises approximately 400 acres. The study, known as The Northampton Boulevard Corridor Master Plan Study, is currently in draft form and has not yet been approved by the City Council. City staff is currently in the process of determining implementation measures that will allow the recommendations of the Comprehensive Plan for this area to proceed. The draft study assemblage of land for high-intensity development, specifically multi -story class A & B office Campus Park with mixed uses to include flex/office, research and development, and light industrial and retail. Staff is continuing to work on the proposed plan; however it is not ready for public presentation at this time. WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 1 • The applicant must file the appropriate paperwork with the Federal Aviation Administration (FAA) to construct the building on the site, as the site is within the Runway Protection Zone (Clear Zone) of Norfolk International Airport. The applicant has tiled the Notice of Proposed Construction or Alteration with the FAA as requied. • The applicant must work with the Fire Department and the Permits and Inspections Division of Planning to install the required fire protection systems for the proposed use, as there is no public water service at this loctaion. The applicant met with Fire Department Officials on-site to determine a method for fire protection. The site is not served by public water or sewer, and the nearest water and sewer lines are over a half -mile away in Burton Station Road. This issue is not yet resolved. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Three small sheds, totaling 712 square feet, an office trailer, and several semi -truck containers currently exist on the property. SURROUNDING LAND North: . Wooded parcel / 1-1 Light Industrial USE AND ZONING: South: . Wooded Parcel / 1-1 Light Industrial East: • Norfolk and Southern Railroad West: • Barrs Road NATURAL RESOURCE AND The site is partially wooded and partially cleared, and is located within a CULTURAL FEATURES: Chesapeake Bay Area Resource Management Area. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. The site, however, is located within a Runway Protection Zone (previously the Clear Zone) for Norfolk International Airport. Additional information from the Norfolk Airport Authority is provided at the end of this report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Barrs Road in front of this site is a two-lane undivided local street. There is no Capital Improvement Program projects are slated for this area. In order to comply with current City standards, the following will be required during detailed site plan review: • Dedicate 15 -feet of right-of-way to further bring the ultimate right-of-way width to a 50 -foot WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 2 minimum standard. • Provide right-of-way improvements in accordance with the City's 30 -foot typical roadway section. This may include pavement widening, curb and gutter, drainage, and street lighting. • Replace the existing gravel entrance with a VDOT standard entrance apron. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Barrs Road No traffic No traffic counts available Existing Land Use — counts 206 ADT available Proposed Land Use 3- 49 ADT Average Limy i nps 2 as defined by typical land uses in 1-1 Light Industrial zoning 3 as defined by automobile repair WATER and SEWER: City water and sewer are not available to the site. Health Department approval is required for the use of a private well and septic system. FIRE: The Uniform Statewide Fire Prevention Code requires an approved water supply capable of supplying the required water flow for fire protection be provided to the premises upon which the facilities, buildings or portions of buildings are constructed (Section 508.1). The closest approved water supply is a fire hydrant in front of 5805 Burton Station Road. It is located over 3,000 -feet from the proposed automotive repair facility, which is well over the maximum travel distance of 400 -feet for commercial buildings. Based upon this the Fire Department does not recommend approval of the request. STORMWATER: The referenced project must develop a stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The Preliminary Site and Landscape Plan do not show a stormwater Best Management Practice (BMP) for the proposed request. It should be recognized that approval of this plan does not permit the exclusion of installing and adequately sizing a BMP for the site. If including a BMP impacts the proposed plan, the plan may be required to be resubmitted for revision approval. The project will need to identify adequate offsite receiving drainage systems. The proposed stormwater management plan must be designed in accordance with the Virginia Pollution Discharge Elimination System Permit. The operations of the proposed facility must not impact the water quality of the downstream receiving storm drain systems. This property is located within a City of Norfolk watershed area and thus may be forward to the City of Norfolk for their stormwater review. Recommendation: EVALUATION AND RECOMMENDATION Staff cannot recommend approval of this application at this time. An indefinite deferral is in order. Comprehensive Plan: The site is located within Strategic Growth Area 1 — Northampton Boulevard Corridor Area. The Plan's policies for Strategic Growth Area 1 recognize that this area has evolved into a major employment center in South Hampton Roads with exceptional transportation access that serves its corporate and industrial clientele. Proposals located near Norfolk International Airport must meet or exceed local, state, and federal aviation regulatory requirements as they apply to the proposed use, height, and stormwater management facility design. WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 3 Evaluation: Staff recommends deferral of this request. A study has been undertaken jointly by the City of Virginia Beach, the City of Norfolk, and the Norfolk Airport Authority to assess the potential for comprehensive development of the area in which this rezoning request is located. The study area is bound by Lake Wright on the west, Northampton Boulevard on the south, Baker Road on the east, and Norfolk International Airport on the north, and comprises approximately 400 acres. The study, known as The Northampton Boulevard Corridor Master Plan Study, is currently in draft form and has not yet been approved by the City Council. City staff is currently in the process of determining implementation measures that will allow the recommendations of the Comprehensive Plan for this area to proceed. The draft study assemblage of land for high-intensity development, specifically multi -story class A and B office Campus Park with mixed uses to include flex/office, research and development, and light industrial and retail. While the proposed automobile repair facility would, at first glance, appear consistent with the development policies established for Strategic Growth Area 1, it is unclear how, in the long-term, a continuation of uncoordinated development efforts such as this will match up with the City's long-term vision and strategy for making this an important and evolving office / industrial park. Unlike any of the other office -industrial parks in the city, the Airport Industrial Park is served by excellent Interstate and arterial highway access and a key railroad link that provides access to major external markets located in the region, state, and nation. The pending Northampton Boulevard Corridor Master Plan / Airport Industrial Park Expansion Plan for this office / industrial park corridor does not support the uncoordinated singular land use efforts that are starting to emerge in this office park. Additionally, the applicant has several other hurdles to overcome. First, the applicant must obtain approval from the Federal Aviation Administration (FAA) to construct the building on the site. Second, the applicant must work with the Fire Department and the Permits and Inspections Division of Planning to install the required fire protection systems for the proposed use. Finally, the site is not served by public water or sewer, and the nearest water and sewer lines are over a half -mile away in Burton Station Road. In sum, Staff cannot support this application at this time due to these outstanding issues, and recommends continued indefinite deferral, providing the applicant an opportunity to address the obstacles above and staff time to finalize implementation strategies for Strategic Growth Area 1. If those obstacles cannot be overcome, the application should be denied. 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. WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 4 13 & Soso PROPOSED SITE PLAN WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 6 PROPOSED BUILDING ELEVATION WILLIE DONALD MARTIN,. JR. Agenda Item 26 Page 7 PROPOSED BUILDING ELEVATION WILLIE DONALD MARTIN, JR. Agenda Item-26 Page 8 There is no zoning history to report for the site. According to zoning maps the site was zoned M-1 1 General Industrial District before 1973, and has been zoned 1-1 Light Industrial since 1973. ZONING HISTORY WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 9 0 0 � ! I ;o N W Q T 0 C d Q C qC U L m Q L V m 1 •a t � O= O h f6 m C m IC �L O R Ip ym O -O 2Nis I I ° tCa Oi R C iD IE4 » Oi $cc L 0 G Q �efA�o�, m5; d �Cu yoy53m m G C c 9 7 O q C v. r E O L C 3 � U ao W a8 a 9 \V; r. -c CL�8':t"�yA° 2..6 11 °'mE m t ' b m c E` dco R; c 8 p U 7F5 c E co o m 0!In G11t ni m m me rs ta� m�.�R� NoE Oma LD `C Rw c m c� ° „�m zm°N y b 0 Emm m j m J = R y G y = R N . Q � m G N m t O .0.. m m .` V ♦ i. 1' R" A C Q O O Z� 2 -`=LN ��'Q XI'' � I,1jgR�I D 4 C N m O O o- 0 •• O�tOr tC fO � p O._T.006O Omymy u- mmyV CD G d N L � CCN » L N No�iv�naav IMHJ aSfl rIvx011laxoo 0 �o T ;o N N T 0 C d � ` O 1 •a O E � m L p O I r E t G» m m _ rg loo NO y G 0 m m J = C) L a i m y G y = R N . Q � D N ' D W 9� .= • D r Z� 2 -`=LN I D 4 ti. `C m O O o- 0 •• a ;. O O C D L O. Y C 3 c= E C p f�i j = `° �v R is c °^ ✓ QI C�' M ti ° J - m L 0- \7V C O OE N y r N E C V o GN m C asm 1'� t L C m m z a '- " m m c a O U mil L � DISCLOSURE STATEMENT WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 10 N111,Lt_K Hltc1AY1 H.31H ha,:May -SU :Wf' 14:1M F. 0i NORFOLK A)RPORT AUTHORm \ertolk 1nt6ruuoua1AsrPm f 22kv %'--A-- I -Nodolx. Vi:rina 23318.560: 757-857.335', I far 757857-3:65 Via Facsimile - 385-5667 &USmail May 30, 2007 The Planning Commission City of Virginia Beach Municipal Center, Budding #2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456 RE: Proposed Conditional Use Permit Request for Willie Donald Martin, Jr., on Property Located at 1128 Barrs Road, Virginia Beach Members of the Planning Commission: On behalf of the Norfolk Airport Authority, owner of property and a neighbor interested in the overall development of the Burton Station area of Virginia Beach, I offer the following comments regarding the suthject application: It is our understanding that the property is subject to all zoning requirements applicable to "height regulations' and, specifically, the Federal Aviation Regulation Part 77 (FAR Part 77). This federal regulation requires the owner of the property to file the applicable 'Notice of Proposed Construction' (FAA Form 7460-1) with the Eastern Region of the Federal Aviation Administration. Time Airport Authority is not In a position to render any opinion regarding the determination of height restrictions in the Runway Protection Zone (previously clear zone) or other applicable surfaces in the vicinity of the Airport. Those determinations can only be made by the FAA. 2. The property is also subject to an easement applicable to the Airport which was granted by the Circuit Court of the City of Virginia Beach on March 24, 1967 and is recorded in Deed Book 1000, Page 104. 3. The Airport Authority would prefer to see this property developed in keeping with an overall plan approved by the City of Virginia Beach for the entire Burton Station area rather than in a piecemeal manner that appears to be occurring. Our Authority has supported a number of studies undertaken by the City of Virginia Beach to determine the best approach I� AIRPORT AUTHORITY LETTER WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 11 N &ULK HLWW,; HUiH 'Uy xJ 1UJt 14: US 11. U2 to Coordinating the development of this critical area of the City. Without such a comprehensive plan for the orderly development of the subject area, the City will face a potential hodgepodge of development through piecemeal zoning. The Airport Authority urges the Planning Commission to deny the subject application and actively pursue the preparation of an aggressive comprehensive development plan for the entire Burton Station and surrounding area. The Authority is prepared to continue its support of that effort. We appreciate being advised of this matter and for the opportunity to provide our comments. Please advise if you have any questions or if we Can be of further assistance. Sincerely, enneth R. =Scott KRS4pj WILLIE DONALD MARTIN, JR. Agenda Item 26 Page 12 Item #26 Willie Donald Martin, Jr. Conditional Use Permit 1128 Barrs Road District 4 Bayside September 12, 2007 REGULAR Joseph Strange: The next item is item 26, Willie Donald Martin, Jr. An application of Willie Donald Martin, Jr., for a Conditional Use Permit for an automotive repair garage on property located at 1128 Barrs Road, District 4, Bayside. Barry Knight: Welcome ma'am. Joyce K. Martin: Good afternoon to the Planning Commission and staff members as well. My name is Joyce Keeling Martin, and I've read the conditions that have been handed to me today, and they are in compliance and right in alignment with what we have received previously. The only thing that I have to address is that I did send the application to the Federal Aviation Administration, and I sent that by certified mail. I do have a signature and a receipt copy here, but I haven't received anything from them. My only concern is how long it will take them to approve it, because I'm ready to move on. This property has been in our family for I would say for 100 years or so or close to it. We actively anticipating seeing our elder son, Willie Jr., continue to be an economic asset in the City of Virginia Beach, where he has been operating for seven years in the auto body and paint business. And, with the FAA and any time possible, I'll have to add that, I will make all efforts to get that process and speed it up since those conditions 1 and 3 are directed in that direction. Barry Knight: Do you have anything to add Ms. Martin? Joyce K. Martin: Well, as I look at the conditions, and as I have already fore stated to some of the staff planners, item 4, 1 think was a standout in the original submission for the request for the Conditional Use Permit. And, in modern day technology, they no longer have a requirement for access to fire hydrant to provide water. Because the auto body and paint industry now, they use what they call an "industrial automatic fire suppression system", and my son basically explained it to me, since he has been doing it now for, I guess since he was about 15 or 16 years old and involved with the vocational program out of high school; so, he's been pretty much knowledgeable having to work for other persons who utilize this concept because it has the capability of doing more than watering things down. And, then in combination with that, we also have to meet the requirements of OSHA, as well as the EPA requirements, being that the type of work that we're doing in utilization of the product lines that we use with paints and polymers we use today, we have to meet certain requirements to protect the environment as such. We are doing a lot of that right now in our present operation. And, we know of the fact that we will be submitting a request to the Health Department of Virginia Beach to reactivate, which is already on the premises, a septic tank system as well as well water. Item #26 Willie Donald Martin, Jr. Page 2 Barry Knight: Do you have anything to add Ms. Martin? Joyce K. Martin: I have a lot to add, but I've been with you all day. I've enjoyed your presence, and I wanted an opportunity to get up here and share, believe you me, because I've waited along time for this. Barry Knight: It might be appropriate. I don't believe we have any opposition. Joseph Strange: Do you have anyone else in support? Joyce K. Martin: All of them had to leave, unfortunately, because they had other commitments which they had to address. Barry Knight: Now would probably be a good time to ask Ms. Martin any questions? Mr. Redmond? David Redmond: Mrs. Martin, how long have you been in this kind of line of work? Joyce K. Martin: Well, my son has been on his own now for 7 years going into 8, and all of his operations have been in the City of Virginia Beach. Being that he has poured some monies back into the economic climate of Virginia Beach, and he employs persons in the City of Virginia Beach, as well as for a long range plan, we're looking at providing a benefit that was afforded him in high school, and that is to provide a summer work program, as well as apprenticeship avenues for young men and women who desire to enter into this occupation as well, because it worked so well for him. My desire was that he would go to college and do something else but he fell in love with this when he took it as a vocation in high school. And, as I aforementioned, this property, where it is situated, has been in our family for some 90 something years or 100 years, if you go back and being very accurate and trying to go back and streamline the process. David Redmond: This is your principal means of support, this business? Joyce K. Martin: Yes it is. It is supports my son, his wife and his daughters. David Redmond: Thank you. Joyce K. Martin: Thank you. Barry Knight: Mr. Whitney, I think I see which way this may be going. I note there are no conditions on here or the conditions will be applied at site plan review? Maybe I missed them. Excuse me. David Redmond: Faith seemed to have disappeared. Barry Knight: No, she is there. Item #26 Willie Donald Martin, Jr. Page 3 David Redmond: Oh there she is. She is right behind Stephen. Okay. She has got a copy of that and she has handed it out. Barry Knight: You gave me too many pieces of paper today. Mr. Redmond, you have looked at the conditions? David Redmond: Yes. I've looked at the conditions, and unless Mrs. Martin has an objection to them, they seem appropriate to me. My view is that they owned this property, and I think Ms. Christie said since 1912. That would be 95 years. We have been developing a plan for this corridor for also about 95 years. I don't mean to be a smart aleck, but I think it is time that they had the opportunity to make the most productive use of this land that they can, unless there is some compelling reason why they shouldn't, and I can't find any compelling reason why they shouldn't. The staff's recommendations for a deferral not withstanding, and so, I understand, and I heard in the informal this morning from the gentleman from Economic Development who said that we continue to work on this plan. My fear is that we could be, and as he indicated, five years from now, still be working on the plan, and still have this family and a number of other families in limbo. I don't think it is fair to them to leave them in limbo. This is a concrete proposal. What they are proposing is not substantially different from what they are able to do by-right with the current zoning-that they have. It just seems to me a fundamental issue of fairness that they be able to do that. So, at the appropriate time, I'm going to make a motion that we approve their application. Barry Knight: I'll get Ms. Anderson. Janice Anderson: Thank you. I understand your point David, and it is well thought of, and you brought up a lot of issues. But, I just can't support it, mainly because of the commitment that Economic Development is making towards this area. I would have to go along with the recommendation of the Planning staff for a deferral on any use that requires a Conditional Use Permit to be issued on the property. I would just have to defer it until the Master Plan comes out. Economic Development can give you a time when it is gong to be and actually put into place. But they are committed to it, and there seems to be some issues with the Norfolk Airport Authority, which haven't been worked out quite yet. So, I would take the position for a deferral. Barry Knight: Mr. Crabtree and then Mr. Livas. Eugene Crabtree: I agree with David that this has gone on for years. And, we have penalized the people for not using their property over these current years. We don't know how long it will take Economic Development people to get a plan that is agreeable between the City of Virginia Beach and Norfolk and the airport all three. So, my position is to support it and let them go ahead with their business. And when, and if, this plan comes about between the three cities, then we will address to what happens to their property at that time. Barry Knight: Mr. Livas? Item #26 Willie Donald Martin, Jr. Page 4 Henry Livas: Yes. I want to state that I support the project too, and we are talking about our staff's recommendations. They indicated they wouldn't approve it, and this is because they're waiting on the Economic Development report along with the City of Norfolk and the City of Virginia Beach. In my notes here, it says that is not a real reason not to approve something because we're waiting on studies. And, as he has stated, those studies could take five or ten more years; so, I'm of the inclination to go ahead and support the project, and I agree with David. Barry Knight: Mr. Redmond? David Redmond: Mr. Chairman, I make a motion that we approve the application of Willie Donald Martin, Jr., agenda item 26 with the nine conditions that were provided by staff. Barry Knight: Mr. Livas? Henry Livas: I'll second it. Barry Knight: There is a motion on the floor to approve agenda item 26, Willie Donald Martin, Jr., made by Dave Redmond and seconded by Henry Livas. Is there any discussion? I'll call for the question. Ed Weeden: By a vote of 9-2, the application of Willie Donald Martin, Jr. has been approved. Barry Knight: Mr. Secretary? Joseph Strange: There are no other items on the agenda. Barry Knight: Thank you. The meeting is adjourned. AYE 9 NAY 2 ABS 0 ABSENT 0 ANDERSON NAY BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE NAY WOOD AYE Ed Weeden: By a vote of 9-2, the application of Willie Donald Martin, Jr. has been approved. Barry Knight: Mr. Secretary? Joseph Strange: There are no other items on the agenda. Barry Knight: Thank you. The meeting is adjourned. Federal Aviation Administration Air Traffic Airspace Branch, ASW -520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 11101/2007 VVTLLIE DONALD MARTIN JR MARTIN'S AUTO REPAIR 5445 CONNIE LANE VIRGINIA BEACH, VA 23462 Aeronautical Study No. 2007-AEA4524-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C, Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Location: VIRGINIA BEACH. VA Latitude: 36-53-11.420N NAD 83 Longitude: 76- 11-41.150W Heielzts: 22 feet above ground level (AGL) 43 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and %would not be a Hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking andlor lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 0510 1 `2009 unless: (a) extended. revised or terminated by the issuing office. (b) the construction is subject to the licensing, authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed. as required by the FCC, within 6 months of the date of this determination. In such case. the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based. in part, on the foregoing description which includes specific coordinates. heights. frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power %vill void this determination. Any future construction or alteration. including increase to heights, power. or the addition of other transmitters, requires separate notice to the FAA. Page 1 of This determination does inch,& #meaty construction equipment such as cranes, derricks, etc., which my be used during actual construction of ttte structure.flowever, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of mvigable airspace by aircraft and does not relieve the spah! M Ofc office teqxomsibilities relating to any taw, ordinance, or regulation of any Federal, State„ or local government body. A copy of this determination will be forwarded to the Federal Communications Ca n uission if the sere is subject to their licensing authority. If we can be of further assistance, please 'contact our office at (817) 8384995: on any fiitu, e correspondence concerning this matter, please refer to Aeronautical Study Ntunber 20*7_AEA-4524 QE, Signature Control No: 536759-187968 AIice Yett Technician Page of (DW Form 7460-1 for ASN: 2007AEA45.24-OE overvkAv ? Study (ASN): 2007 -AEA -45240E Received Data Prior Study: Eased Dainec 09111/20t}7 States: Determined cin Date 11Ml/2007 Lattas: Dm,inaor,'@ 6gairaitiar Deb= t NOW %ftw Sponsor Intormatlon moors R1* We to" nZooWmaltion Sponsoi : MARTIN'S AUM REPAIR Rep i W JOYCE & WU11E HAFJM SR Attention OF. WILLIE DONALD *ARTIW lR Attention Oft, Address: 5445 CONtIiE LANE Address: 3632 PAMUCO CIRCLE. City: VIRGINIA BEACH City: NORFOLK State: VA sly VA Postal Coda 23462 Postal Codes 23513 Country: USA Country. USA Phone: (757) 490-9194 Phone: (757) S57-1184 Fax: (757)490-9194 Fax: Construction Inft Structure Summary Notice Of: Construction Structure Type: Building Duration: Permanent (Months: 0 Bays: 0) Other Description: Work Schedule: NACO Number. Date Built: FCC Number: Structure Details Height and Elevation Latitude (NAD 83): 360 53` 11.42' N Proposed DNE DET Longitude (NAD 83): 760 11'41.15'W Site Elevation: 21 Daturn: NAD 33 Structure Height: 22 0 22 Accuracy° Total Height (ASItL): 43 0 43 Harking/Lighting: None Other Description: NOT SPECIFIED Frequencies Name: Low Freq High Freq Unit ERP unit City: VIRGINIA BEACH State: VA Nearest Airport: ORF Distance to Structure: 3504 feet On Airport: No Direction to Structure: 147.33 Description of Location: Description of Proposal: hrtps:/''oeaaa.faa.Qo\-I;oeaaa%external searcliActioii jsp`'action=displayOECasekoeCase1D=... I I!5i2007 Imps:i oeaaa.faa.aov!oeaaalextenlat-map\'ie«verBlob.jsp?oeCaselD=-5367-59 I Ii 'i007 l—Vilu tfuiidi "—";firb- 411<tifbv . —'— I- I - av r . r •VW _ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of Sykes Real Properties, L.L.C. for a Change of Zoning District Classification from R-10 Residential District to Conditional 1-1 Light Industrial District on property located on the west side of Birdneck Road, approximately 650 feet south of Beautiful Street (GPIN 2417427222). DISTRICT 6 — BEACH. b) Application of Sykes Real Properties, L.L.C. for a Conditional Use Permit for a bulk storage yard on property located on the west side of Birdneck Road, approximately 650 feet south of Beautiful Street (GPIN 2417427222). DISTRICT 6 — BEACH. MEETING DATE: December 11, 2007 ■ Background: The applicant proposes to rezone 0.26 acres of an 11.38 -acre site from R-10 Residential to Conditional 1-1 Light Industrial District. The area proposed for rezoning is located adjacent to South Birdneck Road, and if rezoned to 1-1 Light Industrial, will provide access to a proposed "eco -industrial' park. Without the rezoning to 1-1, access to the site would be from an existing right-of-way that connects with Beautiful Street to the north, which then connects to South Birdneck Road. The applicant is also requesting a Conditional Use Permit allowing bulk storage within the eco -industrial park. A portion of the site is designated by the Comprehensive Plan as Primary Residential Area and a portion is designated as Strategic Growth Area 8 — East Oceana, which is an area suitable for industrial uses consistent with the AICUZ. The AICUZ at this location is Greater than 75 dB Ldn and the site is within Accident Potential Zone 2. ■ Considerations: The parcel is irregularly shaped with approximately 80 feet of frontage along South Birdneck Road. The proposed buildings are set back almost 750 feet from South Birdneck Road due to the configuration of the site. The property is heavily impacted by the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area, and thus, approval from the City of Virginia Beach Chesapeake Bay Preservation Area Board was necessary and has been obtained. The site plan depicts five (5), one (1) -story buildings, Sykes Real Properties, L.L.C. Page 2 of 3 associated parking, and two (2) areas labeled as "Bulk Storage Yard." The total proposed floor area of office -warehouse space is 77,840 square feet. The plan depicts infiltration/bioretention stormwater management structures for use throughout the site. Four (4) of the five (5) buildings have been proffered to the Chesapeake Bay Preservation Area Board to be constructed with "green" roofs as part of the stormwater management strategy. The applicant claims that 80 percent of all rainfall onto these roofs will be released back into the atmosphere via evaporation/transpiration. Details pertaining to the bioretention structures and the green roofs are provided in the attached staff report. The site plan depicts a 40 -foot wide buffer between the existing residential lots in the neighborhood to the north and the proposed improvements on the subject site. In addition to the 40 -foot wide buffer (only 25 feet is required by ordinance), a solid, six (6) -foot high privacy is also required around the bulk storage areas. In addition to the site's location within the highest AICUZ and APZ-2, the property is also encumbered by a restrictive easement -owned by the United States Navy that limits the uses and development of the site. The Navy's legal department has reviewed the request and has determined that the proposal is consistent with the terms of the easement. The preferred uses in the higher noise zones and certainly within the accident potential zones are industrial in nature. Therefore, this proposal is consistent with the City's desire to transition residential property in these areas to uses compatible with naval flight operations. This is not to say that the existence of the residential to the north should be ignored. In fact, the conditions recommended below are designed to protect those properties while permitting the applicant to use the property in a manner compatible with flight operations. There was opposition to the requests. ■ 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: 1. When the property is developed, the site layout shall be in substantial conformance with the plan entitled, "Concept Plan Chatham Business Park V- 7," dated June 28,2007, prepared by Gallup Surveyors & Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. In addition to the 40 -foot wide buffer and the six (6) -foot high privacy fence depicted on the concept plan, Category II landscaping shall be installed within this buffer adjacent to lots N, M, L, K, J, I, H, G, F, E and D, also as depicted on the concept plan. Sykes Real Properties, L.L.C. Page 3of3 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A Photometric Lighting Plan depicting such lighting shall be submitted to the City of Virginia Beach for review and approval with the final site plan submission. Said Lighting Plan shall be void of any wall mounted lighting that directs light outward and upward. 4. Although depicted on the concept plan, the Public Works Department has indicated that this site will not have access to a median opening when the right-of-way improvements are completed along South Birdneck Road. All ingress/egress and right-of-way improvements shall be determined by the Department of Public Works during final site plan review and shall be shown, as determined by the Department of Public Works, on the final site plan prior to its approval. 5. Planting surrounding any freestanding sign located on the east side of the property near South Birdneck Road shall be double the minimum requirement required by the City Zoning Ordinance. 6. When the property is developed, all construction activities and any other operations conducted on an area of the property which is not completely enclosed (i.e. not within a building) shall be limited to between the hours of 7:00 a.m. and 8:00 p.m. ■ 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 . % tom. 7�w;t SYKES REAL PROPERTIES LLC Agenda Items 1 & 2 November 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUESTS: 1) Change of Zoning District Classification from R-10 Residential District to Conditional 1-1 Light Industrial District 2) Conditional Use Permit for bulk storage ADDRESS 1 DESCRIPTION: Property located on the west side of South Birdneck Road, approximately 650 feet south of Beautiful Street GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24174272220000 6 - BEACH 11,337 square feet for rezoning 24173280090000 11.38 acres for CUP The applicant proposes to rezone 11,337 square feet of SUMMARY OF REQUEST existing R-10 property located along South Birdneck Road to Conditional 1-1 Light Industrial District and to combine it with an adjacent parcel to the west, which is already zoned 1-1. The combined 11.38 acres is proposed to be used as an "eco -industrial" park, and the applicant is requesting a Conditional Use Permit for bulk storage as a component of that proposal. There is an existing residential neighborhood to the north, zoned R-10, and a cemetery. The site plan depicts a 40 -foot wide buffer between the existing residential lots in the neighborhood and the proposed improvements on the subject site. In addition to the 40 -foot wide buffer (only 25 feet is required by ordinance), a solid, six (6) -foot high privacy is also required around the bulk storage areas. The City's Zoning Ordinance requires Category VI landscaping surrounding all bulk storage yards. As the southern portion of the property abuts a marsh that separates this site from the adjacent, wooded, industrially zoned property adjacent to the south, a waiver to this requirement is requested. Staff is supportive of such a waiver. SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 1 The parcel is irregularly shaped with approximately 80 feet of frontage along South Birdneck Road. The proposed buildings are set back almost 750 feet from the right-of-way due to the configuration of the site. The property is heavily impacted by the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area, and thus, approval from the City of Virginia Beach Chesapeake Bay Preservation Area Board was required. The site plan depicts five (5), one (1) -story buildings, associated parking and two (2) areas labeled as "Bulk Storage Yard." The total square footage of office -warehouse space proposed is 77,840 square feet. The plan depicts infiltrationtbioretention stormwater management structures for use throughout the site. Bioretention Filters are generally suited for almost all types of development, from single-family residential to fairly high density commercial projects. They are attractive for higher density projects because of their relatively high removal efficiency (50 to 65 percent). The structure proposed along the drive aisle will be designed to treat both on and off-site stormwater. A detail from the State Stormwater Manual is included at the end of this report as well as pictures of typical bioretention filters. Bioretention Filter located in required parking lot green space. Bioretention Basins in office setting parking lot. SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 2 Four (4) of the five (5) buildings have been proffered to the Chesapeake Bay Preservation Area Board to be constructed with "green" roofs as part of the stormwater management strategy. The applicant claims that 80 percent of all rainfall onto these roofs will be released back into the atmosphere via evaporation/transpiration. A green roof system is an extension of the existing roof which involves a high quality water proofing and root repellant system, a drainage system, filter cloth, a lightweight growing medium and plants. Green roof systems may be modular, with drainage layers, filter cloth, growing media and plants already prepared in movable, interlocking grids, or, each component of the system may be installed separately. Green roof development involves the creation of "contained" green space on top of a human -made structure. This green space could be below, at or above -grade, but in all cases. the plants are not planted in the "ground'. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped, vacant, wooded site SURROUNDING LAND North: . Single-family dwellings, cemetery / R-10 Residential District USE AND ZONING: South: . Single-family dwelling, vacant woods/ R-10 Residential District, 1-1 Light Industrial District East: . South Birdneck Road, single-family dwellings, vacant woods 1 R-10 Residential District, 1-1 Light Industrial District West: . Vacant City owned, wooded, property / 1-1 Light Industrial District NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed with portions in CULTURAL FEATURES: the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). The application has been before the CBPA Board and was approved on July 23, 2007 with SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 3 the following conditions: 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 2. Wire reinforced 36" erosion and sedimentation control measures (silt fences) shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. 3. A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 4. Permanent and / or temporary soil stabilization as determined by staff shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 5. All vertical building construction shall lie a minimum of 15' landward of the top -of -bank. All stormwater management rain gardens and access roads shall lie a minimum of 5' landward of the top -of -bank. 6. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 7. Stormwater from proposed impervious cover shall be conveyed to stormwater management facilities. 8. Green roofs (vegetative roofs) shall be installed on Buildings 100, 200, 300, 500, and 600 and shall remain in place / operational as long as the development exists. 9. Consideration shall be given to installation of a fore -bay near Birdneck Road and bio -retention BMP facility for the downstream portion of the proposed BMP facility on Parcel B. 10. All disturbed areas 5' seaward of any improvement shall be restored with vegetative cover inclusive of trees, shrubs, ornamental grasses, organic floor, etc. 11. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $13,362 and is based on 25% of proposed impervious cover within the first 100' buffer. Said payment shall provide for the equivalent of an approximate 14,577 square foot, 12 -inch deep oyster shell plant within the Lynnhaven River Basin. 12. Tree compensation shall be at a .5 to 1 ratio and shall be comprised of 50% deciduous and 50% evergreen species. The required trees shall be evenly distributed throughout the lots to the greatest extent practicable. Said restoration shall be installed prior to the issuance of the certificate of occupancy with said condition so noted on the site plan. 13. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate infilling of required restoration areas with shrubs, ornamental grasses, trees, etc. to the greatest extent practicable. SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 4 14. The conditions and approval associated with this variance are based on the revised site plan dated June 28, 2007 prepared by Gallup. 15. It is the opinion of the Bay Board that the approval granted is the maximum impervious cover the site can support. 16. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and within Accident Potential Zone 2 surrounding NAS Oceana. The property is encumbered by a restrictive easement. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Currently, there is a road construction project underway in this area of Birdneck Road (CIP 2-149) with completion expected in April of 2011. TRAFFIC: y.. Street Name Present Volume Present Capacity Generated Traffic South Birdneck 15,444 ADT 8,800 ADT (Level of Existing Land Use — Road Service "C") —13,200 ADT 873 ADT ' (Level of Service "E") Proposed Land Use 3- 386 ADT A.- n..:lT.. Ave age Wal i ..p las defined by11.38 acres of 1-1 zoning and 11,337 square feet of Residential zoning 3 as defined by 77,840 square feet of office -warehouse and bulk storage WATER: This site must connect to City water. There is an eight (8) -inch, a 12 -inch and a 30 -inch water main in Birdneck Road. SEWER: This site must connect to City sanitary sewer. There are two (2), eight (8) -inch sanitary sewer mains in Birdneck Road. Analysis of Pump Station 119 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an HRSD force main also in the vicinity of this site. SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 5 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. Comprehensive Plan: The site is designated by the Plan as both part of the Primary Residential Area and the Strategic Growth Area 8 — East Oceana. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. The plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. The Plan states that "Limited commercial or industrial activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities" (page 91). In addition, a portion of the property is also located in the East Oceana Area 8, which is an area suitable for industrial uses consistent with the AICUZ. Evaluation: The proposed rezoning to 1-1 Light Industrial for a small area of Residential zoning adjacent to South Birdneck Road and the requested Conditional Use Permit for bulk storage is recommended for approval. Much of the property is currently zoned 1-1 Light Industrial District. It is only the 11,337 square feet along South Birdneck Road that is proposed for rezoning. That parcel will be combined with the existing, larger site to the west, and will provide access from South Birdneck Road to the larger site. The bulk storage areas will be well distanced and buffered from the existing residential neighborhood to the north. Those residential properties are generally on rather deep lots and the existing homes will be quite a distance, generally 100 feet, from the proposed development. In addition, there is an existing wooded buffer along the property line that separates the industrial property from the neighborhood. It was impossible to determine during the field visit as to how much of the woods would likely remain. Based on this, Staff has recommended a condition that the required landscaping (a mix of evergreen trees and shrubs) be installed. This requirement for screening and fencing is requested to be waived along the southern property line where the site gives way to an existing marsh and then faces additional industrially zoned property. The banks of the lot, leading to the marsh, are required to stay in their natural state and are off- limits to any land disturbance. This leads Staff to support the waiver of the landscape buffer along the southern property line. This site is located within the AICUZ of Greater than 75 dB Ldn and within Accident Potential Zone 2 surrounding NAS Oceana. The property is also encumbered by a restrictive easement owned by the United States Navy that limits the uses and development of the site. The Navy's legal department has reviewed the request and has determined that the proposal is consistent with the terms of the easement. The preferred uses in the higher noise zones and certainly within the accident potential zones are industrial in nature. Therefore, this proposal is consistent with the City's desire to transition residential property in these areas to uses and zonings compatible with Naval flight operations. This is not to say that the existence of the residential to the north should be ignored. In fact, as mentioned above, the conditions recommended are designed to protect those properties while permitting the applicant to use the property in a manner compatible with flight operations. SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 6 It should be noted that although depicted on the concept plan, the Public Works Department has indicated that this site will not have access to a median opening when the right-of-way improvements are completed along South Birdneck Road. The correct alignment of the right-of-way and any required improvements will be addressed during final site plan review. Currently, there is a road construction project underway in this area of Birdneck Road (CIP 2-149) with completion expected in April of 2011. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it will be used for vehicular ingress and egress, landscaping, drainage, utilities, and entrance signage to an adjoining parcel substantially as depicted on the exhibit entitled, "CONCEPT PLAN CHATHAM BUSINESS PARK V-7 AN ECO INDUSTRIAL PARK A COMMERCIAL DEVELOPMENT PROJECT BY J.M. SYKES, INC. VIRGINIA BEACH, VA," dated Dec. 8, 2006, Rev. June 28, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. (hereinafter "Concept Plan"). PROFFER 2: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated, July 27, 2007, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. When the property is developed, the site layout shall be in substantial conformance with the plan entitled, "Concept Plan Chatham Business Park V-7," dated June 28,2007, prepared by Gallup Surveyors & Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. In addition to the 40 -foot wide buffer and the six (6) -foot high privacy fence depicted on the concept plan, Category II landscaping shall be installed within this buffer adjacent to lots N, M, L, K, J, I, H, G, F, E and D, also as depicted on the concept plan. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A Photometric Lighting Plan depicting such lighting shall SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 7 be submitted to the City of Virginia Beach for review and approval with the final site plan submission. Said Lighting Plan shall be void of any wall mounted lighting that just directs light outward and upward. 4. Although depicted on the concept plan, the Public Works Department has indicated that this site will not have access to a median opening when the right-of-way improvements are completed along South Birdneck Road. All ingress/egress and right-of-way improvements shall be determined by the Department of Public Works during final site plan review and shall be shown, as determined by the Department of Public Works, on the final site plan prior to its approval. 5. Planting surrounding any freestanding sign located on the east side of the property near South Birdneck Road shall be double the minimum requirement required by the City of Virginia Beach Zoning Ordinance. 6. When the property is developed, all construction activities and any other operations conducted on an area of the property which is not completely enclosed (i.e. not within a building) shall be limited to between the hours of 7:00 a.m. and 8:00 p.m. 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. SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 8 AERIAL OF SITE LOCATION SYKES REAL PROPERTIES Agenda Items 9 & 2 Page 9 q* K( g6�s� 't 4 1 E PROPOSED SITE PLAN SYKES REAL PROPERTIES Agenda Items i & 2 Page 10 LES OR PIPE— E-Ivc CLAN OU NT EVAPO-TRANISPRATION I i W " AN��L- NAVIMLO ave \A NO -_--S: 1\ VAR!\"-, LAY ARDS T 0 S / y R; � AND ',*wR AREAS lNrF'--:RATS\ IS \01 V'- A\D F:t-7p, VAN<VLE BY �'� 7 --, 1 RA:\, �LLEC-'-R PF - I CDW 0.-R TOM.WFAN PER. BIORETENTION DETAIL SYKES REAL PROPERTIES Agenda | ms1 & 2 Page 11 1 02/13/07 Subdivision Variance Granted 2 04/22/03 CUP church expansion Granted 3 04/22/03 CUP bulk storage) Granted 4 02/25/03 CUP bulk storage & bodyshop)Granted 5 02/10/98 Change of Zoning R-10 to 1-1 Granted 6 12/10/91 CUP church expansion I Granted j 7 08/14/89 ; CUP auto re air Granted 8 10/24/06 Change of Zoning R-10 & 1-1 to 1-1 Granted ZONING HISTORY SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 12 3URE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization. complete the following: 1. List the applicant name followed by the names of all officers, members. trustees, partners, etc. below. (Attach list if necessary) Sykes Real Properties, L.L.C., a Virginia limited liability company: James M, Sykes, Sole Member Z List all businesses that have a parent -subsidiary' or affiliated business entity`_ relationship with the applicant: (Attach list if necessary) 71 Check here if the applicant is NOT a corporation. partnership. firm. business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees. partners, etc, below: (Attach. list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm., business. or other unincorporated organization. & ' See next page forfootnotes C aRezoringArp'ic-avon Page 1 e` 2 Revised 9il Z004 SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 13 DISCLOSURE STATEMENT IF_ ___] ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Gallup Surveyors & Engineers. Ltd. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the s bject property at least 30 days prior to the scheduled public hearing accordi to a instructions in this package. 1M.h yke ii3m 5 ke ea Properties, L.L.C. By. James M. Sykes, fc'.teski App nt's Signature Print Name Member Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1120134 SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 14 iiiiiiiiii 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sykes Real Properties, L.L.C.: James M. Sykes, Sole Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following; 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 15 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Gallup Surveyors & Engineers, Ltd. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on th 4ect property at least 30 days prior to the scheduled public hearing accordii to t e instructions in this package. >dxliibc �yF&I Properties, L.L.C. By: James M. Sykes, RiWdIM Appli 's Signature Print Name `9ember Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 9/1/2004 SYKES REAL PROPERTIES Agenda Items 1 & 2 Page 16 Items #1 & 2 Sykes Real Properties, L.L.C. Change of Zoning District Classification Conditional Use Permit West side of Birdneck Road, approximately 650 feet South of Beautiful Street District 6 Beach November 14, 2007 REGULAR Barry Knight: That concludes our deferrals and consent. Now, we'll open the public hearing section. Mr. Secretary, will you call the first item to be heard. Joseph Strange: Sure. The first applicant is item 1 and 2, Sykes Real Properties, L.L.C. Application of Sykes Real Properties, L.L.C. for a Change of Zoning District Classification from R-10 Residential District to Conditional I-1 Light Industrial District on property located on the west side of Birdneck Road approximately 650 feet south of Beautiful Street, District 6, Beach, with two proffers and four conditions. Barry Knight: Welcome back. Eddie Bourdon: Thank you Mr. Chairman. Again, for the record, Eddie Bourdon, a Virginia Beach attorney representing Sykes Real Properties, L.L.C. and Mr. Jim Sykes, who is with us this afternoon. Briefly, the application involves two pieces of property totaling 11.33 acres. One piece is this large oddly shaped parcel which is zoned is unconditional I-1 Light Industrial District. The second piece of property is a very elongated parcel that fronts on Birdneck Road that actually has two zoning categories. The first 11,000 square feet is zoned R-10, the remainder of the property is also zoned I-1 Light Industrial District. The second property in the back and the one I spoke of first, the road frontage of that property is a paper street, an undeveloped, unimproved paper street here that comes off of Beautiful Street, which is an improved residential street off of South Birdneck Road. The entire property is in the highest noise zone surrounding NAS Oceana. A portion of the property is in the APZ-2. Actually all of it is in the APZ-2 surrounding NAS Oceana. Mr. Sykes has acquired both of these pieces of property and he's coming forward. He is going to develop the property as an "eco -industrial" park. The principal building is one for his business, a mill working business for his construction business where he does trim work. He retained a very well respected and well known architect but of Charlottesville called the "Folsom Group." They are architects and environmental planners whose expertise is in sustainable development. It is development that utilizes as little energy as possible, and preserves our water and air quality to the greatest degree practical. We went through a very lengthy process on this property with the Chesapeake Bay Preservation Area Board, and the Chesapeake Bay staff hardily endorsed this project, and this proposal. The buildings with the exception of the mill working building will all have green roofs, approximately 60,000 square feet of green roof area. The mill working building is one that will be constructed with solar panels, solar Items #1 & 2 Sykes Real Properties, L.L.C. Page 2 energy. Also they recycle everything that is used, and it is part of the design of the building. The saw dust and the other wood products will be burned and will create energy to help power the building. The property also has designed bio retention beds, and with rain gardens. It really is a very, very top of the line project from the standpoint of the environment. If you could see the site plan and the only reason why we are here is first of all, this fact that this area out along Birdneck is zoned R-10, so in order for the entrance to come into this site off of Birdneck as opposed as to coming through the neighborhood, we have to rezone this little R-10 portion to 1-1 to match the rest of the parcel, and the rest of the development. So, that is number one. The other reason why we are here is that it is anticipated that there may be some utilization of the parking area here or paved area here and here, around the north side and south side, for temporary storage of materials or equipment. So, there is a bulk storage Conditional Use Permit for these two areas. The bulk storage area will be enclosed with a six foot solid wood fence. Along our northern boundary, we have provided a 40 foot buffer when the zoning only requires a 25 foot buffer. That buffer will be entirely landscaped. We will preserve as many trees as possible along here, but some will come down during construction. We do need to provide a rain garden here to collect stormwater from the paved area, and treat that stormwater. It will all be a natural growth. It won't be mowed and overtime, it will grow up it, and then we will supplement existing trees in that buffer with additional trees so there is a solid landscape buffer along the northern property line. From the aerial photo, it is very clear that there are trees on the back of these lots. These are also quite deep lots to the north and none of this treed area will be affected because it is not our property. That was one of the issues that you all had asked about this morning, and all of the conditions, as well as the two new conditions that were added, and we have no problem whatsoever with planting landscaping at the entrance. We hope to be able to use some of the access right-of-way of Birdneck Road to do that because there is not a tremendous amount of frontage the property has on Birdneck Road but we certainly have no objection to do that. The last condition, as far as restricting outdoor construction activities to 7:00 am to 8:00 pm is totally acceptable. We have no objection to that whatsoever. All of the other conditions as recommended by your staff are acceptable to us. I'll be happy to answer questions that any of you may have. Barry Knight: Ms. Wood? Dorothy Wood: Eddie, would you show us where they would go in through the neighborhood if this is not approved? Eddie Bourdon: This property's dedicated access is a platted but unimproved street, a public right-of-way that comes off of Beautiful Street to this piece of property. Otherwise, this piece of property is a land locked parcel. This is a separate piece of property here with two zonings on it. There will be no use of this whatsoever to access this piece of property and no use of Beautiful Street to access this property whatsoever. That is not going to be done. But that is the legally existing means of access to this parcel. No one believes that is a good idea, and my client included. I'm not trying to paint him as a saint for not using it. I don't think anyone would want to use it but that is the reality from a legal perspective. That's the access Items #1 & 2 Sykes Real Properties, L.L.C. Page 3 to this property. And, this is the only access that makes sense or is the access that makes the most sense. Let's put it that way. Dorothy Wood: So, again, Mr. Bourdon, that will be built regardless? Is that correct? Eddie Bourdon: That's correct. There is not a rezoning of this whatsoever. Dorothy Wood: It is going to be built. It is just where it is going to be accessed? Eddie Bourdon: That's right. All this is about is the access come from here rather than there. Dorothy Wood: Rather than there. Eddie Bourdon: And, that we screen the bulk storage and have the appropriate conditions. Dorothy Wood: It would be less of a disturbance, I think, for the neighborhood that way. Eddie Bourdon: We believe that Ms. Wood. During the Chesapeake Bay process, my client went door to door, sent out flyers. As a matter of fact, we had 4 or 5 of the residents along Beautiful Street who participated in that process come to the hearings. We spoke to them and they said they were comforted by what were doing. They obviously would like to see it stay woods like everybody else. They had no objection. We also, and my client has met with Reverend Thoroughgood and other leaders of the community. Everyone said it is high quality. It is what we're going to see, and it is jobs. That is the other thing that we heard from more than one person is employment opportunities. We all need those. Not just this neighborhood but every neighborhood. Dorothy Wood: Thank you. Barry Knight: Are there any other questions of Mr. Bourdon? Thank you. Eddie Bourdon: Thank you all. Joseph Strange: Speaking in opposition we have Bruce Hughes, Sr. Barry Knight: Welcome sir. Please state your name for the record. Bruce Hughes Sr.: My name is Bruce Elliott Hughes, Sr. Thank you all for the opportunity to speak. I was talking with Mr. Wilson, who is sitting back there in the rear, and we thank you for the presentation. You are making things crystal clear for us. However, he doesn't live in the neighborhood. People can say what they want to say but like Mr. Wilson was saying that there was noise and he retired after working for over 26 years. We just want to live in peace and tranquility. Not only him but there are a lot of older people that live in the neighborhood who value their property. I know from a business perspective if it doesn't make dollars it doesn't make sense but to us it doesn't make sense to bother our community. Why don't they take it somewhere else? My mom, when she was living, she used to say Items #1 & 2 Sykes Real Properties, L.L.C. Page 4 "No, means no." Basically, what we're saying here today and we ask the question over and over again, mom, can we have this? "Mom, can we do that?" She said what part of "No" don't you understand? So, I'm standing here in Virginia Beach to let you know that we're saying "No." What part of "No" don't you understand? We understand that things need to happen. Things need to take place but there are a lot of pioneers. There is a cemetery within the neighborhood and all that. People can say what they want to say but until you actually live in the neighborhood but build a bulk storage in your neighborhood or something like that? Thank you for the opportunity to speak. Barry Knight: Mr. Hughes? Bruce Hughes Sr.: Yes. Barry Knight: Are there any questions for Mr. Hughes? Ms. Wood. Dorothy Wood: Mr. Hughes, I understand what you're saying, and I'm sure that I wouldn't want it either. I think what Mr. Bourdon told us is that it will be there because that property is already zoned. Bruce Hughes, Sr.: I understand it. This thing here is about rezoning from a residential to industrial. Dorothy Wood: I don't think Mr. Bourdon said if they don't do it there on Birdneck, they would be coming through Beautiful. So, would Mr. Wilson prefer that they come through Beautiful Street? Bruce Hughes, Sr.: No. Isn't there something in here about rezoning? Dorothy Wood: Only that little piece of property. Bruce Hughes, Sr.: We don't want anything changed. If you start off with a little thing you continue on doing other things over and over again. Dorothy Wood: So, you would rather it come through Beautiful Street where they don't have to rezone it? Bruce Hughes, Sr.: Well, they're not coming through Beautiful Street either. Then you got children running through the neighborhood. Dorothy Wood: That is what they're saying sir. That is where they would come if they will come, if it is not rezoned. Bruce Hughes, Sr.: But they are not coming through Beautiful Street. You can't bring an industrial park through a residential neighborhood. We're saying "No" to Beautiful Street. We're saying "No" to both. We're saying "No" overall. Items #1 & 2 Sykes Real Properties, L.L.C. Page 5 Dorothy Wood: Thank you. Barry Knight: Mr. Hughes? Mr. Whitney, can you clarify the situation for us from the City's perspective. It is zoned I-1, and it if is zoned I-1, we believe they can use their property. Clarify that. And, what's on the table now is actually how they are going to access the I -l. Jack Whitney: That is exactly right. Staff would feel that it would be more compatible with the surrounding neighborhood if that access came off of the stem that is shown there in color (Powerpoint) rather than through Beautiful Street and the neighborhood. Bruce Hughes, Sr.: Yes. I saw that. Jack Whitney: Again, the zoning won't change as part of that. We feel that the proposal is more compatible to the neighborhood than one that would allow access through the little stem to Beautiful Street. Barry Knight: Did you get clarity on that Mr. Hughes? Bruce Hughes, Sr.: I understand that. I thought that during the last session that this was opposed anyway? You're just saying voting for this little strip of land to be rezoned from residential to light industrial. Barry Knight: Yes sir. Bruce Hughes, Sr.: Okay. What about the part of application number two? The Conditional Use Permit for bulk storage? Barry Knight: Mr. Whitney? Jack Whitney? I'm sorry. The question again would be? Bruce Hughes, Sr.: The question about the bulk storage. Jack Whitney: The Use Permit would allow the bulk storage. It is already zoned industrial. There are a number of other uses that could go in there but for this particular proposal for bulk storage that is why the need is here for a Conditional Use Permit. Bruce Hughes, Sr.: Right. We're here to oppose that because of the noise factor. Mr. Wilson and all the others are concerned about the value of their property, as well by putting bulk storage. Anything comes in when you bring bulk storage. Barry Knight: Mr. Whitney, could you tell us some other obtrusive uses that could be used on this property by -right that may be more noise intensive? Items #1 & 2 Sykes Real Properties, L.L.C. Page 6 Jack Whitney: Manufacturing assembly. Other kinds of industrial oriented uses would be allowed to go in there by right. They would not have to come back before the Planning Commission for approval. There are conditional uses in the industrial districts such as bulk storage, which has the advantage over the others to allow for public comment and for the Council and Planning Commission to attach conditions that would be appropriate to that particular use to soften any perceived impact on the surrounding neighborhoods. So, a use such as bulk storage gives the Planning Commission again, the opportunity and the community an opportunity to raise issues, and then conditions can be developed, which would mitigate those issues. Barry Knight: Okay. Thank you. Are there any other questions for Mr. Hughes? Ms. Anderson? Janice Anderson: Mr. Hughes, did you have a copy of the two additional conditions that we have placed since the original printing? Were you given a copy? Bruce Hughes, Sr.: No. I don't have it. Barry Knight: Mr. Hughes? You can come have these if you would like too? They are the last two. Janice Anderson: They are the last two that are underlined. That was after out meeting where the small portion right next to Birdneck Road that is changing to I-1 so you can access it. Number 5 makes sure that has a lot of landscaping around it. There is not going to be any feature or structure built on that property, and so that one will make it so the neighbors will have nice landscaping on either side. Then number 6, limit the hours of any outdoor activities. Bruce Hughes, Sr.: Even with bulk storage, people come through there and do everything. You can have nice beautiful plants and all that but people throw trash and stuff all around it and everything like that. Janice Anderson: Okay. Bruce Hughes, Sr.: But again for the opportunity. Barry Knight: Mr. Hughes? Mr. Bernas, did you have a question? Jay Bernas: Just real quick. I know you said no means no but part of the conditional use process is that we want to hear from you. Is there something that you're looking for specifically? We've tried to navigate landscaping, hours of operation that would help soften your concerns. Bruce Hughes, Sr.: Well, like I said, some of the older people they are just satisfied with the neighborhood the way it is. They want to keep it the way it is. Items #1 & 2 Sykes Real Properties, L.L.C. Page 7 Barry Knight: Are there any other questions? Thank you Mr. Hughes. Bruce Hughes, Sr.: Thank you. Barry Knight: Mr. Secretary? Joseph Strange: There are no other speakers. Barry Knight: Mr. Bourdon? Eddie Bourdon: I appreciate Mr. Hughes coming and the other gentleman who came. We did offer to sit down and try to go through a lot, which you all went through. I thought that Mr. Whitney did a good job of explaining the circumstances. It is obvious that it can be that the use of the parcel's access to the public right-of-way as it exists today is not appropriate. The rezoning of this small section, which technically, is we were told, it has to be rezoned in order for it to be an access and that makes all the sense in the world. I don't think anyone would disagree with that. This is a significant investment that Mr. Sykes is making in this property. He has hired the best people to do a very high quality project. That is very clear. I think anyone who takes the time to review it. It is not a transfer station for garbage or trash. That is not what this is at all. The storage area is for building materials, which is generally for wood. There may also be some equipment that is stored in that area but not anything of any consequence. The time and hours of operation are not a problem. That applies to the entire site and without the bulk storage Use Permit. If that wasn't a part of this, all we would be talking about is just a simple straight rezoning of that little bar. There's no reason for any conditions to be attached to that. It's the Use Permit that gives you the opportunity to address concerns. Everyone we've spoken to attempted to address their concerns with the appropriate conditions. And, I think the recommendation from your staff with the modified conditions addresses all the concerns that we've heard. I don't want to suggest that others are illegitimate but legitimate is the word that comes to mind. I don't know what conditions can be placed and it is far better, and as Mr. Whitney said, to have had the opportunity to come through this process then it is by -right. Barry Knight: Mr. Bourdon, Mr. Henley. Al Henley: I think you really answered my question. What you're telling is the bulk storage will consist of lumber. Eddie Bourdon: That is essentially it. Al Henley: I was thinking if there were going to be bulk storage of mulch, for instance and they create a dust problem where we could put restrictions on that but you answered my question. Eddie Bourdon: If you wish to restrict that there won't be mulch that is perfectly fine. We don't have any problem with that because there won't be. That was my point earlier. All of Items #1 & 2 Sykes Real Properties, L.L.C. Page 8 the wood chips and what have you are recyclable. It is not mulch facility. There won't be any mulch there. We have no objection to such a condition if you want to add that. But you're right. Barry Knight: Ms. Wood? Dorothy Wood: Eddie, since you know this is only a recommendation to Council, I was wondering, if we decide to vote for this, if you would be willing to talk to Mr. Wilson and maybe something could be worked out between now and Council, if it is like additional landscaping for him so that he could have quiet enjoyment of his house. I'm sure we would all appreciate it. Eddie Bourdon: We have nothing but the desire to work with the community, and have with everyone in the community. Dorothy Wood: Thank you. Barry Knight: Mr. Crabtree? Eugene Crabtree: Just a couple of comments. Number one, this entire facility is going to be environmentally friendly. So, number one, with bulk storage, there is not going to be any noise or any of these things or any of these disturbances because with it being environmentally friendly it can't be. Plus, your facility is not going to make nearly as much noise as they got already because it is in an APZ-2, and they are lucky that BRAC didn't direct the APZ-2 and say that you got to remove all these existing buildings. So, what they are getting is much less than intrusive than what they already have, if I'm correct to say. I just want to get this on the record before it goes to Council. Eddie Bourdon: I would also add that the buildings are one-story buildings. I think that is really important because the I-1, you could be building a 35 -foot tall building by -right. So, these one story buildings also are helping in terms of any intrusiveness. Thank you. Barry Knight: Are there any other questions of Mr. Bourdon? Thank you Mr. Bourdon. I'll open it up for discussion. Is there any discussion? Ms. Anderson? Janice Anderson: As we discussed earlier in the informal, I'm going to be in support of this application, and especially with the two added conditions. I believe that the applicant and staff have tried to make as many buffers in the conditions to protect the neighborhood. I would encourage Mr. Hughes and Mr. Wilson, if they could talk to staff if there are any additional conditions that they think might help? But the main thing that I would like to point out is the widened buffer. If you have an industrial next to a residential neighborhood it is only required to be 25 feet. And the applicant has increased there. They are going to fence it. That is required. They are going to put some additional plantings in there. I think now with the extra landscape requirement near the roads, near the residential areas, right off of Birdneck Road, and then with the limited hours that definitely will encourage that there Items #1 & 2 Sykes Real Properties, L.L.C. Page 9 would not be a negative impact on the neighborhood that you live in. It is a very nice neighborhood, a private neighborhood there on Beautiful Street. Thank you. Barry Knight: Is there any other discussion? The Chair will entertain a motion. Janice Anderson: I make a motion to approve. Barry Knight: A motion to approve and a second by Kathy Katsias. Is there any added discussion? There is a motion to approve by Jan Anderson and seconded by Kathy Katsias agenda items 1 and 2 with two proffers and six conditions. I'll call for the question. Ed Weeden: By a vote of 11-0, the Board ahs approved the application of Sykes Real Properties, L.L.C. Eddie Bourdon: Thank you. Barry Knight: Mr. Secretary? Are there any other items? Joseph Strange: There are no other items. Barry Knight: Okay. The meeting is adjourned. 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 ahs approved the application of Sykes Real Properties, L.L.C. Eddie Bourdon: Thank you. Barry Knight: Mr. Secretary? Are there any other items? Joseph Strange: There are no other items. Barry Knight: Okay. The meeting is adjourned. In Reply Refer To Our File No. DF -6853 TO: Leslie L. Lilley FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 29, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Sykes Real Properties The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 11, 2007. 1 have reviewed the subject proffer agreement, dated July 27, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen PREPARED BY: SYKES, $OURDON. M AHERN & LEVY. P.C. PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS SYKES REAL PROPERTIES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 271h day of July, 2007, by and between SYKES REAL PROPERTIES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of certain property located in the Beach District of the City of Virginia Beach, containing approximately 11,337.9 square feet that is zoned R-10 Residential District ("Eastern Portion") and is a portion of a larger parcel containing approximately 1.159 acres; which larger parcel is described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Eastern Portion from R-10 Residential District to Conditional I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the 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 Grantor's proposed rezoning, 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 Grantor's rezoning application gives rise; and GPIN: 2417-42-7222 1 PREPARED BY: SYKES. ROURDON. AHFRN & LEVY, P.C. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid Fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it will be used for vehicular ingress and egress, landscaping, drainage, utilities and entrance signage to an adjoining parcel substantially as depicted on the exhibit entitled, "CONCEPT PLAN CHATHAM BUSINESS PARK V-7 AN ECO -INDUSTRIAL PARK A COMMERCIAL DEVELOPMENT PROJECT BY J.M. SYKES, INC. VIRGINIA BEACH, VA', dated Dec. 8, 20o6, Rev. June 28, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 2. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-io and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of j 2 PREPARED BY: SYICES, ROURDON. M ARERN & LEVY. P.0 Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 3 WITNESS the following signature and seal: Grantor: Sykes Real Properties, L.L.C. By: (SEAL) James M. Sykes MM- Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of July, 2007, by James M. Sykes, Member of Sykes Real Properties, L.L.C., a Virginia limited liability company, Grantor. T� Notary Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 a.•','<Ppk�%+ J! O 11 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and known and designated as Parcel "E",1.91 Acres on that certain plat entitled "Plat of Property of Gabor, Inc., Lynnhaven Borough, Virginia Beach, Virginia, Scale: 1" = 200', June 1967", made by Frank D. Tarrall, Jr. and Associates, Surveyors and Engineers, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 72, at Page 40. LESS AND EXCEPT that portion of property taken by the City of Virginia Beach as shown upon plat recorded as Instrument No. 200502240029268. GPIN: 2417-42-7222 ConditionalRezone/Sykes.JM/Proffer PREPARED BY: SYKES. ROUPDON. M A i©2N & LEVY. P.C. 5 Fli UTFW� MAIN WA w 006 A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Anwarul Islam and Shahana Islam for a Chancre of Zoning District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District on property located at 1308 and 1314 Kempsville Road (GPINs 1465481825; 1465481974). DISTRICT 2 — KEMPSVILLE. MEETING DATE: December 11, 2007 ■ Background: The applicant proposes to rezone existing 0-2 Office District property to Conditional B-1 Neighborhood Business District for the purpose of clearing the existing structures on the site and developing the site with a two-story retail / office building, parking and landscaping. ■ Considerations: The submitted site plan depicts a two-story building of 20,160 square feet situated 42 feet from the front property line, 42 feet from the northern side property line, 43 feet from the southern side property line, and 280 feet from the eastern rear property line. A single entrance from Kempsville Road is depicted on the northern side of the site. A drive aisle runs parallel to the front of the building and along both sides to the parking behind the building. Ten foot planting areas are shown along the front and sides of the site. A 39 -foot wide planting area is depicted along the rear of the site, buffering the use from the residential area behind the property. Interior parking lot landscaping and foundation screening are also depicted on the submitted plan. The proposed two-story building is neo-classical in style. The facade is symmetrical with archways in brick and trimmed pre -cast concrete arches with keystones. An entablature (parapet) of hardi plank separates the building and the proposed flat roof. The parapet will shield the mechanical equipment. The proposed building will be factory finish white with blue canopies and light blue tinted glass. This site is located in a Primary Residential Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. Development adjacent to stable neighborhoods should generally try to reinforce rather than change the positive character of neighborhoods. The Plan reinforces the suburban characteristics of commercial Anwarul Islam and Shahana Islam Page 2of2 centers and other non-residential areas that make up part of the Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility. The Plan document also states that appropriate changes to existing land use on certain sites that are at -risk and have effectively outlived their usefulness or may have become blighted should be considered. Such changes may apply to vacant or underdeveloped commercial properties. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed redevelopment of the site provides for a good reuse of a site that has outlived its usefulness and is underdeveloped. The applicant has incorporated many of the Comprehensive Plan's Community Appearance and Design recommendations into the site development. The proposed building will be located toward the front of the site with the parking in rear. The proposed parking area is broken up with large landscaped areas. The proposed building is two -stories in height and situated 280 feet from the residential property to the east. Proposed canopies over shop entrances provide a human scale to the building. Landscaping is proposed around the entire perimeter of the site, except for the access from Kempsville Road. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. The Planning Commission placed this item on the consent agenda because the proposal provides an excellent redevelopment of an underutilized site, the proposed building is located on the property to provide minimal impact to the residential area to the rear, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manage . k ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 November 14, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Change of Zonin4 District Classification from Conditional Zoning Change from 0-2 to 8-1 0-2 Office District to Conditional B-1 Neighborhood Business District. ADDRESS / DESCRIPTION: Property located at 1308 and 1314 Kempsville Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14654818250000; 2 - KEMPSVILLE 1.927 acres (83,952 square feet) 14654819740000 APPLICATION HISTORY: The applicant deferred the request at the October Planning Commission meeting in order to revise the proffers. The applicant proposes to rezone the existing 0-2 Office SUMMARY OF REQUEST District property to Conditional B-1 Neighborhood Business District and develop the site with a two-story retail / office building, parking and landscaping. The submitted site plan depicts a two-story building of 20,160 square feet situated 42 feet from the front property line, 42 feet from the northern side property line, 43 feet from the southern side property line, and 280 feet from the eastern rear property line. A single entrance from Kempsville Road is depicted on the northern side of the site. A drive aisle runs parallel to the front of the building and along both sides to the parking is behind the building. Ten -foot planting areas are shown along the front and sides of the site. A 39 -foot wide planting area is depicted along the rear of the site. Interior parking lot landscaping and foundation screening are also depicted on the submitted plan. The proposed two-story building is classical in design. The facade is symmetrical with archways in brick and trimmed pre -cast concrete arches with keystones. An entablature (parapet) of hardi plank separates ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 1 the building and the proposed flat roof. The parapet will shield the mechanical equipment. The proposed building will be factory finish white with blue canopies and light blue tinted glass. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two single-family dwellings which were converted to office uses exist on the site. SURROUNDING LAND North: . Office and single-family dwellings / 0-2 Office and R-15 USE AND ZONING: Residential Districts South: . Karate studio / Conditional B-2 Community Business District East: . Single-family dwellings/ R-15 Residential and PD -H1 Planned Unit Districts West: . Kempsville Road Across Kempsville Road are commercial uses / B-2 Community Business District NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the sites. 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): Kempsville Road in front of this request is a four -lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 150 -foot wide right-of-way. A Capital Improvement Program project is slated in the vicinity of this site. Indian River Road Phase VIII includes construction of an eight -lane divided highway within a 155 -foot wide right-of-way from Centerville Turnpike to Kempsville Road and full improvements at the Indian River Road / Kempsville Road intersection. The limits on the Indian River Road / Kempsville Road intersection improvements may extend to this site. Currently, this project is on the "Requested But Not Funded Project" list. This section of Kempsville Road is not considered over capacity; however, it is surrounded by nearby roadways that are considered over capacity. Much of the traffic generated by this site will need to travel through the over capacity segments in order to reach this destination. Although tenants have not been selected, some of the retail within the structure can be assumed as attracting pass -by trips. Therefore, some of the traffic will already be on the roadways, which does not add new trips to the congested roadway network. At this point, the number of trips cannot be determined. A dedication of 20 feet such that the ultimate right-of-way of 150 feet, in accordance with the Master Transportation Plan, amended 10/12/04, is achieved will be required during detailed site plan. ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 2 The entrance must be designed according to the City of Virginia Beach Public Works Specifications and Standards. This includes a 30 -foot wide entrance with 15 -foot curb line radii and a 30 -foot entrance throat length measured from the right-of-way line to the first internal drive aisle or parking space. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 30,114 ADT 32,700 ADT Existing Land Use — 33 ADT Proposed Land Use 3- 893 ADT T' Average Daily nps Y as defined by general office 3 as defined by retail center (0 AM peak hour, 24 PM peak hour) WATER: The sites are connected to City water. One of the existing 5/8 -inch meters may be used or upgraded for the proposed development. There is a 16 -inch and a 24 -inch City water main along Kempsville Road. SEWER: The sites are connected to City sanitary sewer. Analysis of Pump Station #444 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is eight -inch City gravity main and a 16 -inch City force main along Kempsville Road. STORMWATER MANAGEMENT: A stormwater management plan addressing water quantity and quality measures will be required during detailed site plan review. POLICE: A photometric lighting plan, with emphasis on the use of full cut-off fixtures for all parking lot lighting and any outside building mounted lighting (wall packs) must be submitted during detailed site plan review. The building mounted lighting must have appropriate shielding that directs light downward. The plan must also include provisions for implementing low-level security lighting for non -business hours. Low-level security lighting must be implemented along the residential areas adjacent to the site from 11:00 p.m. to 7:00 a.m. All lighting on the site should be consistent with the standards recommended by the Illuminating Engineering Society of North America. SCHOOLS: School populations are not affected by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: This site is located in a Primary Residential Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 3 neighborhoods in the Primary Residential Area. Development adjacent to stable neighborhoods should generally try to reinforce rather than change the positive character of neighborhoods. The Plan reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility. The Plan document also states that appropriate changes to existing land use on certain sites that are at -risk and have effectively outlived their usefulness or may have become blighted should be considered. Such changes may apply to vacant or underdeveloped commercial properties. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed redevelopment of the site provides for a good reuse of a site that has outlived its usefulness and is underdeveloped. The applicant has incorporated many of the Comprehensive Plan's Community Appearance and Design recommendations into the site development. The proposed building will be located toward the front of the site with the parking in rear. The proposed parking area is broken up with large landscaped areas. The proposed building is two -stories in height and situated 280 -feet from the residential property to the east. Proposed canopies over shop entrances provide a human scale to the building. Landscaping is proposed around the entire perimeter of the site, except for the access from Kempsville Road. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit A-1 entitled, "DR. ANWARUL ISLAM PROPERTY 1308 AND 1314" and dated 6/27/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). PROFFER 2: The exterior of the retail shop shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building material as designated on the exhibits A-2, A-3, and A-4 entitled "1308 and 1314 KEMPSVILLE ROAD" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). Any roof mounted mechanical equipment shall be screened from view. The bottom panels (rectangular panels)of the second floor windows on the east (rear side) of the building shall be opaque glass (the larger arched window panels can be of regular glass). PROFFER 3: When the Property is developed, only freestanding monument style signage may be erected on the ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 4 Property, constructed with a base matching the material and predominant color of the retail shoppes. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. PROFFER 4: A photometric plan (i.e. lighting plan) for the parking area shall be submitted for review with the Site Plan. Lighting that is consistent with the property's proximity to residential dwellings shall be low level (i.e. both height and wattage. Any lighting plan will be thoroughly scrutinized prior to approval by the City to ensure not only there is no spillover of lighting, but to ensure that it is appropriately designed for this commercial parking lot adjacent to the backyards of seven (7) residential homes. PROFFER 5: The dumpster shall be located on the southern half of the property and must be setback a minimum of 200 feet from the rear or eastern property line of the subject property. The dumpster enclosure shall match the color and materials of the building exterior and shall be screened with landscaping. The servicing (i.e. pickup and tipping) of dumpsters on the Property shall not be permitted prior to 8:00 AM or after 4:00 PM. PROFFER 6: An 8 foot solid privacy fence shall be located along any property line shared with a residentially zoned property which does not currently have a solid privacy fence as of the date of this proffer. The wooded area in the thirty-nine (39) foot wide buffer zone adjacent to the residential property located immediately east of the property will be maintained and supplemented with a row of 4 to 5 foot high Leyland Cypress planted on ten foot (10') centers on the inside of the 8 foot solid privacy fence adjacent to the residentially zoned properties. An irrigation system shall be installed to maintain the Leyland Cypress and any of the landscaping in the buffer adjacent to the residential property. PROFFER 7: At the time of submission of this proffer, no tenants for the property have been identified; however, use of the property will be limited to only those purposes permitted for B-1 Business Districts by the Municipal Code of the City of Virginia Beach, Virginia, Appendix A Zoning Ordinance, Article 9, Section 901. PROFFER 8: Businesses that shall not be permitted on the property include a. Automobile repair establishments b. Automobile service stations c. Bars and nightclubs d. Any establishment serving beer, wine or alcoholic beverages e. Car wash facilities f. Flea markets g. Tattoo parlors PROFFER 9: All retail / commercial establishments shall close by 10:00 PM. STAFF COMMENTS: The proffer agreement is acceptable as it dictates the level of quality of the project. The proffers insure the project will be developed in a coordinated manner in terms of vehicular circulation and parking, landscaping, building design and location, and open space areas. The proffers also insure the proposed uses and hours of operation will be compatible with adjacent residential properties. ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 5 The City Attorney's Office has reviewed the proffer agreement dated October 11, 2007, 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. ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 6 AERIAL OF SITE LOCATION ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 7 7 - - - - - - - - --- TTT a -m- 111 Lot S�Zci 8--",9H SF ..9,� Acreq Recohd Number ^,*' 2 2 ' / " 50 27 Bi,,flding Size: SF Required P4,rkrg Spoce: Nombe, of Twes 2060/200 =, l?C`1 ProKem 30, QcQed G-een Space: NC -Li �/C Spaces Requled= L 109 x 30 = 2,270 SF Pcrxir,,rq Socce P,ovioec: 07 'CLUDINIC Pr3v,ze G�ee�� 'Spcc,--: j/C Spaces 5 ybeq Powny 2 � orr.:)cct Pcrk?nq Spcccs: 15 PROPOSED SITE PLAN ANWARUL ISLAM AND SHAHANA ISLAM Agenda Rem 10 Page 8 ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 9 MENNE■ ®■ PROPOSED BUILDING ELEVATION ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 10 0 M Zoning Change from 0-2 to B-? L13A 005 1. 12/2/03 1 Conditional Use Permit (Church) Approved 1/11/94 Conditional Use Permit (Church) Approved 9/14/81 Rezoning (R-4 Residential to 0-1 Office) Approved 6/27/60 Rezoning (R -S 3 Residence Suburban to C -L 2 Limited Denied Commercial) and a Conditional Use Permit (dog kennel 2. ' 10/26/04 Rezoning 0-2 Office to Conditional B-2 Businessl I Approved 3. 5/26/95 Rezoning 0-2 Office to Conditional B-2 Business Approved 4. 1/26/93 Conditional Use Permit Truck rentals A roved 5. 9/28/93 Conditional Use Permit (Automotive Repair) Approved 5/29/90 Conditional Use Permit (Automotive Repair) Approved 11/13/89 Conditional Use Permit Automotive Repair)_Withdrawn ZONING HISTORY ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) NONE 2. List all businesses that have a parent -subsidiary' or affiliated business entity 2 relationship with the applicant: (Attach list if necessary) NONE ® Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicgnt. If the property owner is a corporation, partnership, firm, busipess, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity 2 relationship with the applicant: (Attach list if necessary) ❑ Check rere if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? Conch onai Rezoning Applicaton Page 11 of 12 Revised 11116/2006 ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 12 so IF-- DISCLOSURE STATEMENT ]I ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ARCHITECTURAL SERVICES: A. LABIDI, 757-553-0706, ablabidi@cox.net LEGAL SERVICES: LUCIAN B. COX 111, 1306 HILLTOP WEST EXEC CTR, STE 306 VA BCH, VA 23451, 757-502-4799, Ibcox3@cox.net ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Property Owner's Signature (if different than applicant) Anwarul Islam and Shahana Islam Print Name Print Name Conditional Rezoning Application Page 12 or 12 Revised 11 tl 6120 06 ANWARUL ISLAM AND SHAHANA ISLAM Agenda Item 10 Page 13 Item #10 Anwarul Islam and Shahana Islam Change of Zoning District Classification 1308 & 1314 Kempsville Road District 2 Kempsville November 14, 2007 CONSENT Janice Anderson: The next matter is agenda item 10. That is the application of Anwarul Islam and Shahana Islam. This is for a Change of Zoning District Classification from 0- 2 Office District to Conditional B-1 Neighborhood Business District. The property is located at 1308 and 1314 Kempsvlle Road, in the Kempville District. Welcome sir. John Allsbrook: Thank you. I'm John Allsbrook, an attorney in Virginia Beach, representing the applicant, who is here with his architect this morning. We appreciate you placing this on the consent agenda. We look forward to working with you. Janice Anderson: Thank you Mr. Allsbrook. Is there any opposition to this application being placed on the consent agenda? Seeing none, the Chairman has asked Henry Livas to review this for us. Henry Livas: This request is for a Change of zoning from 0-2 Office District to Conditional B-1 Neighborhood Business District. This change of zoning is required since the applicant proposes to develop the site for retail in addition to an office building. Currently, no tenants for the proposed two-story building have been identified. However, the building elevations indicate shops, offices, and a restaurant. The proposed building will be located towards the front of the site with parking in the rear. This proposal, with this adjacent residential neighborhood, is in conformance with the Comprehensive Plan's recommendations for this area. Also, the compatibility with the adjacent residential property is enhanced by a wooded area buffer zone and 8 foot privacy fences. Therefore, we recommended approval of this change of zoning. Janice Anderson: Thank you Henry. Mr. Chairman, I would like to make a motion to approve agenda item 10. Dorothy Wood: Second. Barry Knight: Thank you. There is a motion on the floor to approve agenda item 10 by Jan Anderson and a second by Dot Wood. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE Item #10 Anwarul Islam and Shahana Islam Page 2 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 10. Barry Knight: Thank you Mr. Weeden. In Reply Refer To Our File No. DF -6850 TO: Leslie L. Lilley FROM: B. Kay Wilson* CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 29, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Anwarul Islam and Shahan Islam The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 11, 2007. 1 have reviewed the subject proffer agreement, dated October 11, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen ANWARUL ISLAM and SHAHANA ISLAM, husband and wife, TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 11th day of October, 2007, by and between ANWARUL ISLAM and SHAHANA ISLAM, husband and wife, parties of the first part, Grantors, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, parry of the second part, Grantee. WITNESSETH: WHEREAS, the parry of the first part is the owner of two (2) parcels of property located in the Kempsville District of the City of Virginia Beach, containing a total of approximately 1.927 acres, which parcels, as described in Exhibit "A" attached hereto and incorporated herein by this reference, are hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as owners of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from 0-2 Office District to Conditional B-1 Neighborhood Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of GPIN:1465-48-1974-0000 GPIN: 1465-48-1825-0000 Prepared by: Lucian B. Cox III, Esq. 1604 Hilltop West Executive Center, Ste 306 Virginia Beach, Virginia 23451 Telephone: (757) 502-4799 Fax: (757) 5024830 the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-1 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning: NOW, THEREFORE, the Grantors, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit A-1 entitled, "DR. ANWARUL ISLAM PROPERTY 1308 AND 1314" and dated 06/27/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. The exterior of the retail shops shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibits A-2, A-3, and A-4 entitled "1308 and 1314 KEMPSVILLE ROAD" which have been exhibited to the Virginia Beach City 2 Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). Any roof mounted mechanical equipment shall be screened from view. The bottom panels (rectangular panels) of the second floor windows on the east (rear side) of the building shall be of an opaque glass (the larger arched window panels can be regular glass). 3. When the property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the retail shops. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 4. A photometric plan (i.e. lighting plan) for the parking area shall be submitted for review with the Site Plan. Lighting that is consistent with the property's proximity to residential dwellings shall be low level (i.e. both height and wattage. Any lighting plan will be thoroughly scrutinized prior to approval by the City to ensure not only that there is no spillover of lighting, but to ensure that it is appropriately designed for this commercial parking lot adjacent to the backyards of seven (7) residential homes. 5. The dumpster shall be located on the southern half of the property and must be setback a minimum of 200 feet from the rear or eastern property line of the subject property. The dumpster enclosure shall match the color and materials of the building exterior and shall be screened with landscaping. The servicing (i.e. pickup and tipping) of dumpsters on the Property shall not be permitted prior to 8:00 AM or after 4:00 PM. 6. An 8 foot solid privacy fence shall be installed along any property line shared with a residentially zoned property which does not current 1 y have a solid privacy fence as of the date of this proffer. The wooded area in the thirty-nine (39) foot wide buffer zone adjacent to the residential property located immediately east of the property will be maintained and supplemented with a row of 4 to 5 foot high Leyland Cypress planted on ten foot (10') centers on the inside of the 8 foot solid privacy fence adjacent to the residentially zoned properties. An irrigation system shall be installed to maintain the Leyland Cypress and any of the landscaping in the buffer adjacent to the residential property. 7. At the time of submission of this proffer, no tenants for the property have been identified; however, use of the property will be limited to only those 3 purposes permitted for B-1 Business Districts by the Municipal Code of the City of Virginia Beach, Virginia, Appendix A Zoning Ordinance, Article 9, Section 901. 8. Businesses that shall not be permitted on the property include a. Automobile repair establishments b. Automobile service stations c. Bars and nightclubs d. Any establishment serving beer, wine or alcoholic beverages e. Car wash facilities E Flea markets g. Tatoo parlors 9. All retail/commercial establishments shall close by 10:00 PM. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-1 Neighborhood 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 Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the 4 governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 111 WITNESS the following signatures and seals: Grantors: (SEAL) Anwarul Islam � (SEAL) Shahana Islam STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 17th day of October, 2007, by Anwarul Islam and Shahana Islam, Grantors. Notary Public. Notary Registration No. 195238 Lucian B. Cox III My Commission Expires: Feb. 28, 2010 6 EXHIBIT A PROPERTY DESCRIPTION Parcel 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate. and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 044 as shown on that certain plat entitled "R/W Acquisition Plat, KEMPSVILLE ROAD PH I for CITY OF VIRGINIA BEACH", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146 at Page 40. GPIN: 1465-48-1974-0000 Parcel 2: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 045 as shown on that certain plat entitled "R/W Acquisition Plat, KEMPSVILLE ROAD PH I for CITY OF VIRGINIA BEACH", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146 at Page 40. GPIN: 1465-48-1825-0000 M. APPOINTMENTS COMMUNITY SERVICES BOARD RESORT ADVISORY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL'S SCHEDULE 2008 January 8 Briefing, Informal, Formal, Planning, Open Dialogue January 22 Briefing, Informal, Formal, Planning February 19 Location to be Announced — 7:15 pm Stormwater Plans and Funding F VIRGINIA BEACH CITY MANAGER'S BRIEFING: Y OF COUNCIL ACTIONS A CITIZEN FOCUS GROUP FEEDBACK Andrew Friedman Director, Housing V O I And FFDATE:ber 4,2007 M B L D Neighborhood C E L E D H Preservation C R A W S I E J L N U N I T E D N O A D H U L W 11-0 E Z Y L N N O R E S 0 ITEM # SUBJECT MOTION VOTE p E E E E A R I V 0 0 H L R Y S N F LN LA LN D I/ CITY MANAGER'S BRIEFING: A CITIZEN FOCUS GROUP FEEDBACK Andrew Friedman Director, Housing And Neighborhood Preservation II/III/ IV/ V/VI/ E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F MINUTES Informal/Formal Sessions 11/2707 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G ADD ON ITEM: ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y Resolution re Virginia Tuition Assistance Grant Program H/I/I Ordinances to ACCEPT donations: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT Artwork"Heron Trio" from Armada a Hoffler be installed atop the fountain at Town Center Fountain Plaza b Pole Camera Search Systemfrom Tactical ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A Electronics Corp re PoliceSWAT Team/ CONSENT B Bomb Squad S T A I N E D c $3500 from Friends of the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Juvenile/Domestic Relations Court re Police CONSENT Gangs Task Force 2 Ordinance to MODIFY CIP project ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y "Stumpy Lake Golf Course Infrastructure CONSENT Improvements" to include, water and sewer/on-course improvements/entrance road/causeway CITY OF VIRGINIA BEACH Resolution toRECEIVE/ACCEPT the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Green Ribbon Committee CONSENT report/APPOINT the Green Ribbon V O I Implementation Committee DATE: December 4, 2007 M B L ADDED D ADOPTED, BY 11-0 YY C E Y L Y Y Y E D H CONSENT C R A W PAGE: 2 S I E J L N U N I Y C 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 3 Resolution toRECEIVE/ACCEPT the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Green Ribbon Committee CONSENT report/APPOINT the Green Ribbon Implementation Committee ADDED Resolution re Virginia TuitionAssistance ADOPTED, BY 11-0 YY Y Y Y Y Y Y Y Y Y Grant Program CONSENT J APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S COMMUNITY SERVICES BOARD RESORT ADVISORY COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE BOARD OF ZONING APPEALS (BZA) Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 5 Yr. term 1/1/08-12/31/12 James A. Wood CHESAPEAKE BAY PRESERVATION Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y AREA BOARD 3 Yr. term I/1/08-12/31/10 Michael H. Levinson COMMUNITY MEDICAL ADVISORY Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION 5 Yr. term 9/l/07-8/31/12 Patrick C. Devine, Jr. Patricia Ann Warner CITY OF VIRGINIA BEACH GREEN RIBBON IMPLEMENTATION Appointed 1 Yr. 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y COMMITTEE (re Water Quality) term 12/4/07- 12/3/08 V O I Citizen DATE: December 4, 2007 M B L D Members C E L E D H Peter Schmidt 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 OLD H L R Y S N F N A N GREEN RIBBON IMPLEMENTATION Appointed 1 Yr. 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE (re Water Quality) term 12/4/07- 12/3/08 Citizen Members Peter Schmidt Karen Forget, Andrew S. Fine R. Edward Bourdoq Jr. William D. Almond June Banet- McDaniels Wayne McCoy Noah Hill Staff Members Karen Lasley Charlie Hassen Bill Johnston Clay Bernick Phil Pullen Meredith Ching Barry Frankenfield HAMPTON ROADS ECONOMIC Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE i Yr. term 1/1/08-12/31/08 Sanford M. Cohen Warren Harris Donald V. Jellig Meyera E. Oberndorf, Stephen R. Romine HISTORIC SITES ORGANIZATING DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE INDEFINITELY, BY CONSENT PENDLETON PROJECT Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y MANAGEMENT BOARD 3 Yr. term 1/1/08.12/31/10 James R. Bergdoll CITY OF VIRGINIA BEACH PLANNING COMMISSION Reappointed 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y 4 Yr. term 1/1/08-12/31/11 V 0 I Barry D. Knight— DATE: December 4, 2007 M B L D At Large, C E L E D H Joseph E. Strange C R A W PAGE: 4 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE p E E E E A R I V 0 0 H L R Y S N F N A N D PLANNING COMMISSION Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 Yr. term 1/1/08-12/31/11 Barry D. Knight— At Large, Joseph E. Strange — Centerville Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 Yr. term 1/1/08-12/31/11 Philip Russo, Jr. RESORT AREA STRATEGIC ACTION Will not be City PLAN ADVISORY COMMITTEE Council B Y C 0 N S E N S U S appointment— Committee will be invited by Councilman Uhrin SENIOR SERVICES OF Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y SOUTHEASTERN VIRGINIA— SEVAMP 2 Yr. term 1/1/08-12/31/09 Glenny N. Harrington Delceno C. Miles TIDEWATER REGIONAL GROUP Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y HOME COMMISSION Unexpired thru 6/30/09 Michael Sawyer VIRGINIA BEACH COMMUNITY Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION— 4 Yr. term VBCDC 1/1/08-12/31/11 Elsie Bames Ann K. Crenshaw Denise M. Howard Helen Moore ADD ON RECESS TO CLOSED SESSION @ 6:22 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y PM RE PERSONNEL ADD ON CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y @ 6:55 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 DATE: December 4, 2007 M B L D C E L E D H C R A W PAGE: 5 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 K/ /M ADJOURNMENT 6:52 pm PUBLIC COMMENTS 6:15— 6:22 PM ONE SPEAKER re Conflict of Interest Concern CITY COUNCIL'S SCHEDULE 2007 December 11 Briefing, Informal, Formal, Planning 2008 January 8 Briefing, Informal, Formal, Planning, Open Dialogue January 22 Briefing, Informal, Formal, Planning February 19 Location to be Announced — 7:15 pm Stormwater Plans and Funding