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HomeMy WebLinkAboutJANUARY 27, 2009CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAMD. SESSOMS,JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall -District 3 WILLIAM R. DeSTEPH, A! -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANt IEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA 27 JANUARY 2009 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- LESLIE L. LILLEY CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR- LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC I. CITY MANAGER'S BRIEFINGS - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com A. COMPREHENSIVE PLAN OPEN HOUSE Tom Pauls — Comprehensive Planning Coordinator — Planning B. PLANNING ITEMS — Pending City Council Agenda Jack Whitney, Director — Planning C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance D. FY2010 BUDGET REVENUE FORECAST and PRELIMINARY BUDGET Catheryn Whitesell, Director — Management Services II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL ' C. RECESS TO CLOSED SESSION 1:30 PM 3:30 PM V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM 11 A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Church of the Ascension, and Church of the Holy Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. LEASE OF CITY OWNED PROPERTY a. 1401 Southern Boulevard STABCO, Inc. b. 3425 Clubhouse Road Bow Creek Neighborhood Park 2. SALE OF EXCESS CITY PROPERTY — 12`f' Street I. CONSENT AGENDA January 13, 2009 ORDINANCES/RESOLUTION Ordinance to AMEND City Code Section 21-303 re penalties for parking violations. 2. Ordinances re the Department of Housing and Neighborhood Preservation re the FY 2008-2009 Operating Budget: a. AMEND and TRANSFER revenue to reprogram unused operational and administrative funds from prior years b. APPROPRIATE increased revenue of $745,000 from the Federal Housing Choice Voucher program 3. AGRICULTURAL RESERVE PROGRAM: a. Resolution to AUTHORIZE the City Manager to execute an Intergovernmental Agreement (IA) with the Department of Agriculture and Consumer Services re additional GRANT funds for the purchase of Agricultural Reserve Program (ARP) easements b. Ordinance to AMEND Section 11 of the Agricultural Lands Preservation Ordinance re findings for repurchases of development rights 4. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Stabco, Inc. at 1401 Southern Boulevard re storing equipment related to stockpiling and recycling crushed concrete, crushed brick and topsoil. DISTRICT 6 - BEACH 5. Ordinance to AWARD a Lease to nTelos a portion of City -owned property at 3425 Clubhouse Road (Bow Creek Neighborhood Park) re constructing, maintaining and operating wireless telecommunications facilities. DISTRICT 3 — ROSE HALL 6. Ordinance DECLARING two parcels at 12'h Street as EXCESS property and AUTHORIZE the City Manager to sell the property to WBM, L.L.C. DISTRICT 6 — BEACH 7. Ordinance to ACCEPT a 1986 Chevy Celebrity station wagon as a donation to be used in support of firearms training for the Police Department 8. Ordinance to APPROPRIATE $50,000 from the DEA Shared Asset Special Revenue Fund to the Police Department's FY 2008-2009 Operating Budget re the purchase of a comprehensive job task analysis. 9. Ordinance to TRANSFER $927,984 to fully fund an Interactive Internet Phase II system for Planning's Permits and Inspections. K. PLANNING 1. Ordinance of the CITY OF VIRGINIA BEACH to adopt the NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH AREA IMPLEMENTATION PLAN as an Appendix to the Comprehensive Pian. RECOMMENDATION APPROVAL 2. Application of LAWRENCE E. and JUNG Y. VALENTINE, CHARLES B. and DIANA SCHAFER for the closure of a portion of an unnamed, unimproved alley adjacent to the rear property line of 609 South Atlantic Avenue (Croatan Beach) to incorporate the right-of-way into their adjoining single-family residential lot. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of CHARLES EDWARD and AMY H. DRESCHER for Modification of Conditions (approved by City Council on June 23, 1980) at 1201 and 1209 Hill Road re relocation of the stem of the flag lot for better access to the property. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application -of BARBARA IRVING for a Conditional Use Permit re a residential kennel for Shiz Tzu dogs at 5568 Forestview Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of BARTON HERITAGE L.L.C. for a Conditional Use Permit re motor vehicle rentals ( low speed vehicles) at 665 Sandbridge Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of GATEWAY ENTERPRISES, L.L.C. for a Change of Zoning District Classification from AG -2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of PRINCESSBORO COMPANY, INC. for a Change of Zoning District Classification from AG -1 Agricultural District to Conditional 0-2 Office and Conditional B- 2 Community Business District at Princess Anne and Sandbridge Roads for office and retail space. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BIKEWAYS/TRAILS ADVISORY COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PERSONNEL BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Effective January 1, 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the Second and Fob Tuesdays of each month. Workshops will be scheduled for the F= and Third Tuesdays of each month per action taken November 18, 2008. HOWEVER, THE MEETING OF FEBRUARY 10, 2009 WILL BE HELD FEBRUARY 3, 2009, TO ALLOW CITY COUNCIL'S MID -YEAR RETREAT January 27 February 9, 10 March 24 April 7 April 14 April 21 April 16 April 28 May 5 May 12 Agenda 1/22/09gw www.vbgov.com PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS Revenue Projection Update Council Conference Room and Discussion of Balancing Options Workshop to Develop Program Priorities Economic Development Large Conference Room — 8 a.m.-5 p.m. City Manager's Presentation of Budget and CIP to City Council Workshop Workshop Workshop Public Hearing Public Hearing Reconciliation Workshop Adoption Council Chamber — 6 p.m. Council Conference Room Council Conference Room Council Conference Room Green Run High School — 6 p.m. Council Chamber — 6 p.m. Council Conference Room Council Chamber — 6 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM A. COMPREHENSIVE PLAN OPEN HOUSE Tom Pauls — Comprehensive Planning Coordinator — Planning B. PLANNING ITEMS — Pending City Council Agenda Jack Whitney, Director — Planning C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance D. FY2010 BUDGET REVENUE FORECAST and PRELIMINARY BUDGET Catheryn Whitesell, Director — Management Services II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Church of the Ascension, and Church of the Holy Apostles 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 January 13, 2009 G. AGENDA FOR FORMAL SESSION 46 arsalutiott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS LEASE OF CITY OWNED PROPERTY a. 1401 Southern Boulevard STABCO, Inc. b. 3425 Clubhouse Road Bow Creek Neighborhood Park 2. SALE OF EXCESS CITY PROPERTY — 120' Street Ad ID119755784 _ _J Date 101/12/2009Time 12:51 P i The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, January 27, 2009, 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 purpose of this Hearing will be to obtain public comment on the City's proposal to lease to STABCO, Inc. the following property: Approximately 9.734 acres of land located at 1401 Southern Blvd. if you are physically disabled or visually. impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired. Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, (757) 385 5659 at the Virginia Beach Municipal Center. Ruth Hodges Fraser, MMC City Clerk' Beacon Jan. 18, 2009 19755784 Ad shown is not actual print size Ad ID119765559 Date 101/14/2009 Time 14:06 PM j on January .27, 2009, at 6:00 p.m., in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed lease of a portion of City property (approximately 50' x 50', together with access thereto) located at 3425 Clubhouse Road (Bow Creek Neighborhood Park), in the Rose Hall District, to Richmond 20MHz, LLC, d.b.a. NTELOS, for the purpose of constructing, maintaining and operating wireless telecommunications facilities. Any questions concerning this matter should be directed to the Department of Parks and Recreation, Municipal Center, Building 21, 2408 Courthouse Drive, Virginia Beach, Virginia. Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 18, 2009 Ad shown is not actual print size 19755784 Ad ID 19755750 Date 101/12/2009 1 Time 2:48 PM The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of Excess City Properties located on 12th Street, Tuesday, January 27, 2009 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 properties are known as GPIN: 2417-845655 and GPIN: 2417-84.3615. The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, (757) 385-4161, at the Virginia Beach Municipal Center. Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 18, 2009 19755750 Ad shown is not actual print size I. CONSENT AGENDA ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 21-303 re penalties for parking violations. 2. Ordinances re the Department of Housing and Neighborhood Preservation re the FY 2008-2009 Operating Budget: a. AMEND and TRANSFER revenue to reprogram unused operational and administrative funds from prior years b. APPROPRIATE increased revenue of $745,000 from the Federal Housing Choice Voucher program 3. AGRICULTURAL RESERVE PROGRAM: a. Resolution to AUTHORIZE the City Manager to execute an Intergovernmental Agreement (IA) with the Department of Agriculture and Consumer Services re additional GRANT funds for the purchase of Agricultural Reserve Program (ARP) easements b. Ordinance to AMEND Section 11 of the Agricultural Lands Preservation Ordinance re findings for repurchases of development rights 4. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Stabco, Inc. at 1401 Southern Boulevard re storing equipment related to stockpiling and recycling crushed concrete, crushed brick and topsoil. DISTRICT 6 — BEACH 5. Ordinance to AWARD a Lease to nTelos a portion of City -owned property at 3425 Clubhouse Road (Bow Creek Neighborhood Park) re constructing, maintaining and operating wireless telecommunications facilities. DISTRICT 3 — ROSE HALL 6. Ordinance DECLARING two parcels at 12" Street as EXCESS property and AUTHORIZE the City Manager to sell the property to WBM, L.L.C. DISTRICT 6 — BEACH 7. Ordinance to ACCEPT a 1986 Chevy Celebrity station wagon as a donation to be used in support of firearms training for the Police Department Ordinance to APPROPRIATE $50,000 from the DEA Shared Asset Special Revenue Fund to the Police Department's FY 2008-2009 Operating Budget re the purchase of a comprehensive job task analysis. 9. Ordinance to TRANSFER $927,984 to fully fund an Interactive Internet Phase II system for Planning's Permits and Inspections. �l'•a'lyy�M�,RJ#J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-303 Pertaining to Penalties for Parking Violations MEETING DATE: January 27, 2009 ■ Background: City Code § 21-303 lists the various parking violations and sets forth the pre -payable fine for such violations. Currently, that section incorrectly indicates that the pre -payable fine for unlawfully parking in a fire lane is $35, however the fines should be $50. Additionally, for parking violations incorporated from the Code of Virginia under the provisions of City Code § 21-1, City Code § 21-303 (d)(i) refers to the fine amounts set forth in the Rules of the Supreme Court. The fine amounts set forth in the Rules of the Supreme Court, however, are only applicable when a parking citation is referred to the General District Court, not when the fines are pre -paid to the City Commissioner of the Revenue. ■ Considerations: This amendment corrects the penalty -provision of City Code § 21-303 by providing for a pre -payable fine of $50 when a vehicle is unlawfully parking in a fire lane. The amendment to sub -section (d)(i) clearly provides for a pre -payable fine of $35 for state code parking violations incorporated under the provision of City Code § 21-1. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Fire Department City Manager: V :Zq9)01 1 AN ORDINANCE TO AMEND SECTION 21- 2 303 OF THE CITY CODE PERTAINING TO 3 PENALTIES FOR PARKING VIOLATIONS 4 5 SECTION AMENDED: § 21-303 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-303 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 21-303. General parking prohibitions; penalties for violation. 14 15 (a) No person shall park a vehicle, except when necessary to avoid conflict 16 with other traffic or in compliance with the directions of a police officer or traffic -control 17 device, in any of the following places: 18 19 (1) Within any designated fire lane. 20 (2) At any place so as to block any fire department connection. 21 (3) Within seventy-five (75) feet of the driveway entrance to any fire station if 22 properly posted, or on the side of a street opposite the entrance to any fire 23 station. 24 (4) In front of a public driveway. 25 (5) On the roadway side of any vehicle parked at the edge or curb of a street 26 (double parking). 27 (6) Upon any bridge or other elevated structure upon a street or highway or 28 within a tunnel. 29 (7) On the left-hand side of roadway of a two-way street. The provisions of 30 this sub -section exclude those city vehicles operated by city employees 31 executing official duties that require repeated vehicle exit and entry. 32 (8) At any place so as to impede or render dangerous the use of any street or 33 highway. 34 35 (b) No person shall park a vehicle, except when necessary to avoid conflict 36 with other traffic or in compliance with the directions of a police officer or traffic -control 37 device, in any of the following places: 38 39 (1) On a sidewalk. 40 (2) On a crosswalk. 41 (3) Within twenty (20) feet of a marked crosswalk at an intersection. 42 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign 43 or traffic -control signal located at the side of a roadway. 44 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of 45 points on the curb immediately opposite the ends of a safety zone, unless a 46 different length is indicated by official signs or markings. 47 (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. 48 (7) Alongside or opposite any street excavation or obstruction, when such 49 parking would obstruct traffic. 50 (8) At any place where official signs prohibit, reserve or restrict parking. 51 (9) In a residential or apartment district (area), if such vehicle is a commercial 52 vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. 53 This restriction shall not apply to commercial vehicles parked while engaged in 54 the normal conduct of business or in the delivery or provision of goods or 55 services in a residential or apartment district (area). 56 (10) At any place so as to prevent the use of a curb ramp located on public 57 property or on privately owned property open to the public. 58 (11) At any place, angle parked or perpendicular to a curb, unless street 59 markings permit. 60 (12) On any street or highway or any city parking lot, displaying a sign or 61 lettering indicating that the vehicle is offered for sale or rent. 62 63 (c) No person shall park on any street or highway, or on any city parking lot, 64 any vehicle which fails to display valid and current state license plates. 65 66 (d) Penalties. 67 68 (1) When a notice or citation is attached to a vehicle found parked in violation 69 of any provision of this section or Section 21-1 incorporating the provisions of 70 Title 46.2 of the Code of Virginia, the owner of the vehicle may pay to the city 71 treasurer, in satisfaction of any such violation, a penalty fine as listed below 72 when such payment is postmarked or received by the city treasurer within 73 fourteen (14) calendar day after issuance of such a notice or citation. Such 74 payment shall constitute a plea of guilty to the violation in question. 75 76 (i) A penalty fine of 77 thirty-five dollars ($35) for all Darking violations ofcit_ ing City Code 78 Section 21-1 incorporating the parking provisions of Title 46.2 of 79 the Code of Virginia. 80 (ii) A penalty fine of thirty-five dollars ($35.00) for a violation of any 81 provision of subsection (a), except (a)(2.1), for each hour or fraction 82 thereof during which such vehicle was unlawfully parked. 83 (iii) A penalty fine of twenty dollars ($20.00) for a violation of any 84 provision of subsection (b) for each hour or fraction thereof during 85 which such vehicle was unlawfully parked. 86 (iv) A penalty fine of thirty-five dollars ($35.00) for a violation of 87 subsection (c) for each day or fraction thereof during which such 88 vehicle was unlawfully parked. 89 (v) A penalty fine of fifty dollars ($50.00) for a violation of subsection 90 (a)(2j) for each hour or fraction thereof during which such vehicle 91 was unlawfully parked. 92 93 94 95 96 97 98 99 (2) If such payment is not postmarked or received by the city treasurer within fourteen (14) calendar days after issuance of such notice or citation, the penalty fine shall increase to double that indicated above. (3) For failure to respond to notices or citations within thirty (30) days, refer to Section 21-312(b) below. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2009. APPROVED AS TO CONTENT: tc, 'Vb- Fire Department CA10957 R-2 December 16, 2008 APPROVED AS TO LEGAL SUFFICIENCY: Hu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2008-09 Operating Budget of the Department of Housing and Neighborhood Preservation Meeting Date: January 27, 2009 ■ Background: The Department of Housing and Neighborhood Preservation (DHNP) manages the Annual Plan for the Use of Federal Funds and operates programs and provides funding to non-profit organizations to operate housing programs. As part of the department's continuing evaluation of program progress, staff _ have identified budget and program changes that are necessary during the year. Both City policy and Federal regulations require that significant changes be approved by Council before they are implemented. In addition, as part of our review of prior year program budgets, staff have identified unused operational and administrative funds from prior years that can be reprogrammed and used to expand programs and services this year. Also, some revenue previously estimated will not be realized based on final federal funding allocations. A summary of the proposed changes is attached to this agenda request. ■ Considerations: The attached ordinance requests Council to authorize various transfers and appropriations within the DHNP's budget, and related amendments to the current "Annual Plan for the Use of Federal funds". In summary, these changes will: (1) reallocate funds to programs that are in need of additional funding and are progressing well, and away from programs that have less need; (2) appropriate prior year unexpended operational and administrative funds to housing programs to increase housing opportunities; (3) reduce estimate revenues to match revised federal estimates; and (4) reduce reserves to a desired level. ■ Public Information: In addition to providing public information through the normal Council agenda process, as required, an advertisement notifying the public of these proposed changes appeared in the Virginian -Pilot on Thursday, January 1, 2009. ■ Attachments: Ordinance and Summary of Funding Changes Recommended Action: Approval Submitting Department/Agency: Dep m of Housing and Neighborhood Preservation 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 AN ORDINANCE TO AMEND THE FY 2008-09 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That the Department of Housing and Neighborhood Preservation's FY 2008- 09 Operating Budget is amended by the amounts and purposes set forth below: (A) Estimated revenue to the Federal Housing Assistance Grant Fund (Home Program) has increased by $98,760 and is hereby appropriated for the purpose of providing housing services; (B) $316,218 is hereby transferred within the Federal Housing Assistance Grant Fund to maximize the provision of various housing services in the following amounts: (i) $41,240 is transferred from the First Time Home Buyer Program to the Reconstruction Program; (ii) $4,760 is transferred from the Home Repair Program for Existing Homeowners to the Reconstruction Program; (iii) $270,218 is transferred from the Home Repair Program for Existing Homeowners to the Tenant -based Rental Assistance Program; (C) $553,749 is hereby transferred from the Community Development Special Revenue Fund to the CD Loan and Grant Fund for the purpose of providing housing services; (D) Estimated income of $38,340 was not received for the CD Loan and Grant Fund, and as such, $38,340 of previously appropriated funds is hereby reduced within the CD Loan and Grant Fund; (E) $71,405 is hereby transferred from the Reserve for Contingencies within the CD Loan and Grant Fund to the Home Repair Program for rehabilitation of owner - occupied housing. 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Surno v O � M n CD S (NO LO c 7 r U Q 609 �► � kM9 0)y 69 � m C14 Go c U LL. o � (D w w 7 p� N aC C "'V 7 MC7 fes_ C C E` C ccm a v 1� C M O t LL O) C C !0 0 0 aN �3•toC=Q�r Yw.3L.NC�,.- 0�xNNI 3.r�-aEJcU00coo31' Oco�•E ='+p CL C3 U a-.) N aO LLE pE =NN E VyO OcaUOVOfO.oNO •p C. QNL LL Z o .G 9 cn VNp aEE�Y� w�om rr FE a°� Ec NlL.1 u• t0a �ON C�2 Cy 3 O>pE E paN•� f EEn yCO� y E O QT- CDO. Y2wa°0 x0 ? °°°°W°m US U- a. E U S L f) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Department of Housing and Neighborhood Preservation's 2008-2009 Operating Budget MEETING DATE: January 27, 2009 ■ Background: The Department of Housing and Neighborhood Preservation operates. the Housing Choice Voucher (previously Section 8) program that assists approximately 2,000 households with rental costs. This is a national program that allows households to move from place to place under certain conditions, which is known as "portability." As part of managing the finances of the program, the department is authorized to and has been "billing" housing authorities of jurisdictions where people have moved to Virginia Beach. Two types of revenues are received from this billing: (1) Administrative Fee Revenues paid by the sending locality to our jurisdiction for managing the households; and (2) The revenue received for reimbursement of the rental payments made on behalf of the households. ■ Considerations: During the current fiscal year, staff are billing for all households who move here to minimize overall program costs. The actual amount of this billing has exceeded the budget estimate, which was prepared in December of 2007 and, therefore, this appropriation is required to use the funds received. Without this action, the funds received from billing other housing authorities cannot be used and those costs cannot be supported from existing revenues. ■ Public Information: Public information will be coordinated through the traditional Council agenda process. ■ Recommendation: Approval of the attached ordinance. ■ Attachments: Ordinance Submitting Department/Agency: of Housing and Neighborhood Preservation City Manager: I`-, ek 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2008-09 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That estimated income to the Federal Housing Choice Voucher Program Portability Fund has increased by $745,000 and these same funds are hereby appropriated to the Department of Housing and Neighborhood Preservation's FY 2008- 09 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: -�g "e- (a P�A Management Services CAI 0975 R-3 January 20, 2009 APPROVED AS TO LEGAL SUFFICIENCY: ,City A e s Office CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: Agricultural Reserve Program: (1) Resolution Re: Intergovernmental Agreement (2) Ordinance Amendments MEETING DATE: January 27, 2009 ■ Background: In 2008, the Virginia Department of Agriculture and Consumer Services (VDACS) provided the City with a grant in the maximum cumulative amount of $403,219.75, as reimbursement for certain costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program (ARP). VDACS has now determined that the City is eligible for additional funding in the amount of $49,900.00. Subject to the approval of the City Council, the City Staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (IA) providing for the additional funding. Two items concerning this matter are on the City Council agenda. The first is a Resolution authorizing and directing the City Manager to execute the IA on behalf of the City; the other is an ordinance making technical amendments to Section 11 of the ARP Ordinance, regarding requirements for repurchases of development rights by property owners whose land is in the ARP. ■ Considerations: Intergovernmental Agreement: The agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easement; (2) the cost of one appraisal; (3) attorney's fees; (4) the costs of one survey; (5) title insurance fees; and (6) public notice costs. The IA also allows the City to be reimbursed for certain other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The IA also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of $49,900.00. A Summary of Material Terms is included in the agenda package for this item. ARP Ordinance Amendments: The proposed amendments to Section 11 of the ARP Ordinance, pertaining to the requirements for repurchases of development rights by owners of property in the ARP, do not make any substantive changes, but revise the section to make it easier to understand. ■ Public Information: No special advertising is required. ■ Recommendations: Adoption of Resolution and Ordinance ■ Attachments: Ordinance, Resolution and Summary of Material Terms Recommended Action: Approval of the Ordinance and Resolution Submitting Department/Agency: Agriculture Department�� / City Manager: S V— 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, AN INTERGOVERNMENTAL AGREEMENT 4 BETWEEN THE VIRGINIA DEPARTMENT OF 5 AGRICULTURE AND CONSUMER SERVICES AND THE 6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 7,798 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 879 of the 2008 Acts of 20 Assembly, has appropriated $500,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of 26 Farmland Preservation to develop methods and sources of revenue for allocating funds 27 to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to 30 receive contributions of funds from VDACS in reimbursement for certain costs the City of 31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program 32 easements; and 33 34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to 35 which VDACS will reimburse the City for certain costs incurred by the City in the course 36 of purchasing ARP easements, up to a cumulative maximum amount of $49,900, for a 37 period of two (2) years from the date of the agreement; and 38 39 WHEREAS, the complete agreement between the City and VDACS is set forth in 40 that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between 41 Virginia Department of Agriculture and Consumer Services and The City of Virginia 42 Beach," dated January 27, 2009, a true copy of which agreement is on file in the City 43 Clerk's Office; and 44 45 WHEREAS, a Summary of Material Terms of the said agreement is appended 46 hereto; and 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 WHEREAS, the City Council finds that the terms of the said agreement are fair and reasonable and would be of significant benefit to the City and its citizens by providing an additional source of funds for the purchase of Agricultural Reserve Program easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby expresses its appreciation to the Governor, the General Assembly and the Virginia Department of Agriculture and Consumer Services for their continued commitment to the preservation of agriculture within the Commonwealth and the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day Of , 2009. Approved as to Content: Agriculture Department CA -10985 January 13, 2009 Approved as to Legal Sufficiency: e - City Attorney's Office 1 AN ORDINANCE TO AMEND SECTION 11 OF THE 2 AGRICULTURAL LANDS PRESERVATION ORDINANCE, 3 PERTAINING TO REQUIREMENTS FINDINGS FOR 4 REPURCHASES OF DEVELOPMENT RIGHTS 5 6 Section Amended: Agricultural Lands Preservation 7 Ordinance (City Code Appendix J) Section 11 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 11 of the Agricultural Lands Preservation Ordinance (City Code 13 Appendix J) is hereby amended and reordained to read as follows: 14 15 APPENDIX J. AGRICULTURAL RESERVE PROGRAM 16 .... 17 18 Sec. 11. Nature of rights acquired; repurchases; exchanges. 19 20 .... 21 22 (r.) Upon the expimation of bventy five (25) yeaFs ftem the date -an wh*rh a 23 , the IaAdewseF OF skier. At. to the 24 25 26 rity r.9unGil may, by yete ef no less thaA thFae feuFths of all of its FnembeFs, an 27 28 ntemests On land, 29 30 , 31 32 33 34 ; 35 36 (2) The pFesewatien easement is Re IengeF needed f9F open spa 37 38 39 40 ; and 41 42 (4) No state OF fedeFal funds weFe used iR GonneGtieR with the 43 44 repumhase petitien. 45 46 47 Gp 48 49gFea' 50 as peffna%Rt epeR spaGe, aAd (iiii) 9f as Ready as feasible equivalent usefulness and 51 52 53 54 leAgeF needed, (,;) that substitution Of Gth8F pFeseFvat:eR easements is Rot and 55 feasible, Of the 56 57 58 (c) Upon the expiration of twenty-five (25) years from the date on which a 59 preservation easement is recorded the landowner or successor in interest to the 60 property which is subject to the easement may petition the city council to repurchase the 61 development rights and thereby extinguish the agricultural lands preservation easement 62 on such property. The city council may, by vote of no less than three-fourths of all of its 63 members, and in accordance with all other procedural requirements then governing the 64 sale of municipal interests in land authorize the repurchase of such development rights 65 bathe petitioning party at the then -current fair market value of such development rights 66 and upon such other terms and conditions as may be fair and reasonable Any such 67 repurchase of development rights shall be subject to the provisions of subsection (d) or 68 (dl), as the case may be. 69 70 (d) Where no state or federal funds were used by the city in connection with 71 the acquisition of the preservation easement that is the subject of the repurchase 72 petition, no repurchase of development rights shall be authorized unless other 73 preservation easements of (i) at least equal fair market value (ii) of greater value as 74 permanent open space, and NO of as nearly as feasible equivalent usefulness and 75 location for use as permanent open -space land as the property which is the subiect of 76 the petition are substituted. No such substitution however, shall be required if the city 77 council determines by ordinance that: 78 79 (1) The repurchase of such development rights is essential to the 80 orderly development and -growth of the city and in accordance with 81 the Comprehensive Plan then in effect: and 82 83 (2) The property that is the subject of the repurchase is no longer needed 84 for open -space purposes, and the substitution of other real property 85 is not feasible. 86 (d1) Where state or federal funds were used by the city in connection with the 87 acquisition of the preservation easement that is the subiect of the repurchase petition 88 no repurchase of development rights shall be authorized unless: 89 90 (1) The city council determines by ordinance that the repurchase of 91 such development rights is essential to the orderly development 92 and growth of the city and in accordance with the Comprehensive 93 _Plan then in effect: and 94 95 (2) Other preservation easements or open -space lands of (i) at least 96 equal fair market value (ii) greater value as permanent open space 97 and NO of as nearly as feasible equivalent usefulness and location 98 for use as permanent open -space land as the subject property are 99 acquired by the City. 100 101 .... 102 COMMENT 103 104 The amendments contain no changes that significantly affect the process for repurchasing 105 development rights sold to the City under the Agricultural Reserve Program; rather, they are made 106 for purposes of clarity and simplicity: 107 108 1. Subsection (c) is amended so as to retain the basic provisions authorizing property 109 owners whose property has been in the Agricultural Reserve Program for twenty-five years to 110 petition the City Council to repurchase the development rights to the property. It also retains the 111 basic requirements for such repurchases, such as the requirements that the repurchase be at fair 112 market value and that a three-fourths vote of the City Council is needed in order to authorize the 113 repurchase. 114 115 2. Because the requirements of State law for repurchases differ, depending on whether 116 state or federal funding, or no such funding, was used by the City to acquire the development rights 117 sought to be repurchased by the property owner, it is logical that the amendments treat each 118 situation in a separate subsection. The new Subsection (d) addresses repurchases where no state or 119 federal funding was used by the City to acquire the subject development rights, and the new 120 Subsection (di) applies to repurchases where the development rights were acquired by the City 121 without the use of state or federal funds. While the respective requirements of each situation are 122 not substantively changed, addressing each one in a separate subsection makes the ordinance 123 simpler and clearer. 124 125 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 126 , 2009. 127 3 APPROVED AS TO CONTENT: Agriculture Department CA10848 R-4 January 12, 2009 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive an additional $49,900 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP). The City of Virginia Beach was previously approved to receive $403,219.75 from the Virginia Department of Agriculture and Consumer Services (VDACS) on June 24, 2008. Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $49,900. Reimbursable costs include: • the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; • cost of title insurance; • cost of one appraisal; • one physical survey; • reasonable attorney's fees; • cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Cost: Utilize state funds to further protect working agricultural lands by purchasing development rights. Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. No associated costs are incurred by the City Duration and Termination: • Initial term is two years from the date of the agreement or January 27, 2011. • This agreement shall be merged with the previous agreement approved on June 24, 2008, so there are no inconsistencies. City may be recertified as eligible for future funding, but not guaranteed. The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for less than five years with Stabco Inc. for 9.734 acres of City -owned land located at 1401 Southern Blvd. MEETING DATE: January 27, 2009 ■ Background: The City owns a 9.734 -acre parcel of land (the "Property") located at 1401 Southern Blvd. The City acquired the Property for the Southeastern Parkway Project (CIP 2-089) in February of 2007. At the time of the acquisition, Stabco, Inc. was tenant on the Property. The City has let Stabco continue to lease the Property since the acquisition. Accordingly, Stabco is currently leasing on a month-to-month basis for business reasons, but now Stabco would like to enter into a formal written agreement. No formal written lease arrangement has ever been entered into between the City and Stabco for the Property. Stabco stockpiles and recycles crushed concrete, crushed brick and topsoil on the Property and stores on the Property equipment related to such stockpiling or recycling. Stabco's use is an acceptable use in APZ-1. ■ Considerations: This lease would be for a term of one year commencing on January 1, 2009 and expiring December 31, 2009. The City has the right to terminate the Lease for any reason by giving Stabco thirty (30) days' prior written notice. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement, or deny leasing of the Property ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Lease Location map Recommended Action: Approval Submitting Department/Agency: Management Management City Manager: S 1Z, ori eta Facilities Office I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH STABCO INC. FOR 9.734 4 ACRES OF CITY -OWNED LAND LOCATED AT 1401 5 SOUTHERN BLVD. 6 7 WHEREAS, the City of Virginia Beach ("the City") owns 9.734 acres of 8 land located at 1401 Southern Blvd. (the "Property"); 9 10 WHEREAS, the City acquired the Property for the Southeastern Parkway 11 Project (CIP 2-089) in February 2007; 12 13 WHEREAS, Stabco, Inc. ("Stabco") has been leasing the Property from 14 the City on a month-to-month basis since the City acquired it; 15 16 WHEREAS, Stabco has agreed to pay the City $36,000 for the use of the 17 Property for a twelve-month period commencing on January 1, 2009 and ending 18 on December 31, 2009; 19 20 WHEREAS, no formal written lease agreement has ever been entered into 21 between Stabco and the City, and Stabco would like to now enter into a formal 22 written lease arrangement with the City for the use of the Property; and 23 24 WHEREAS, the Property will be utilized by Stabco as a place of business 25 for the stockpiling and recycling of crushed concrete, crushed brick and topsoil, 26 and the storing of equipment related to such stockpiling and recycling, and for no 27 other purpose. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of less than five years, between Stabco, Inc. and the City for 9.734 acres of land 34 located at 1401 Southern Blvd., in accordance with the Summary of Terms 35 attached hereto and such other terms, conditions or modifications as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City 37 Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM /iiti\1111�. v." CA10783 V:\appliaationslcitylawprod\c)=ni32\Wpdocs\DO13\?MNO000OW2.DOC R-1 January 27, 2009 APPROVED AS TO CONTENT anage nt Servic — Facilities Management SUMMARY OF TERMS Lease With Stabco, Inc. for a 9.734 acre City -owned Lot located at 1401 Southern Blvd. LESSOR: City of Virginia Beach LESSEE: Stabco, Inc. PREMISES: 9.734 -acre lot located at 1401 Southern Blvd. in Virginia Beach, Virginia (GPIN 2417-24-1080) TERM: 12 months: January 1, 2009 through December 31, 2009 RENT: $3,000 per month ($36,000 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased property solely for stockpiling and recycling of crushed concrete, crushed brick and topsoil and storing equipment related to such stockpiling and recycling. Maintain leased property. Purchase commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the leased property for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • Reserve the right to enter upon the leased property without notice to Stabco in emergency situations, or upon 48 hours' prior notice to Stabco in non- emergency situations. TERMINATION: City may terminate the Lease for any reason by giving thirty (30) days' written notice. V:\applications\city) awprod\cycom32\W pdocs\DO07\P004\00071791.DOC o� �v CITY OF VIRGINIA BEACH AGENDA ITEM Item: Ordinance to Award Lease of a Portion of Bow Creek Neighborhood Park for a Communications Tower (nTelos) Meeting Date: January 27, 2009 ■ Background: In December 2008, the City Council directed the staff to seek bids for a lease of a portion of the Bow Creek Neighborhood Park as a site for a communications tower. One bid was received by the City, from 20MHz, LLC, doing business as nTelos. The bid offered a base rent of $15,000 per year, with annual increases of 3%, and one-half of all rent received from co -locators, with a minimum amount of $9,600 per year for each co -locator. ■ Considerations: The proposed lease contemplates the construction of a 130' high "slick stick" cell tower at the Bow Creek Neighborhood Park. The material terms of the lease are summarized on the attached Summary of Material Terms. NTelos will be required to obtain a conditional use permit authorizing the communications tower; and if the use permit is denied, the lease will have no effect. The revenue from the lease would be appropriated to the Golf Course Special Revenue Fund (175 Fund). ■ Public Information: The public hearing that is required for the granting of the lease has been advertised in accordance with applicable legal requirements ■ Alternatives: While the City may decline to enter into the lease, the proposed lease is in furtherance of the City's policy of making available publicly -owned property for use as communication tower sites under appropriate circumstances. ■ Recommendations: Adoption of ordinance. ■ Attachments: Ordinance Recommended Action: Adoption of Ordinance Submitting Department/Agency: Department of Parks & Recreation PC -- City Manage . 14 . 601, 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 3425 CLUBHOUSE 3 ROAD (BOW CREEK NEIGHBORHOOD PARK), IN THE 4 ROSE HALL DISTRICT, FOR THE PURPOSE OF 5 CONSTRUCTING, MAINTAINING AND OPERATING 6 WIRELESS TELECOMMUNICATIONS FACILITIES 7 8 WHEREAS, the Clerk has laid before the City Council an ordinance adopted 9 December 9, 2008, entitled "AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 10 A PORTION OF THE CITY PROPERTY LOCATED AT 3425 CLUBHOUSE ROAD (BOW 11 CREEK NEIGHBORHOOD PARK) FOR THE PURPOSE OF CONSTRUCTING, 12 MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES," 13 together with a certificate of due publication of the same once per week for two successive 14 weeks in a newspaper of general circulation in the City, in the manner prescribed by law; 15 and 16 17 WHEREAS, Richmond 20MHz, LLC, d.b.a. NTELOS has submitted the highest bid 18 for the award of such lease, which bid was delivered to the Mayor in open session on the 19 day and hour named in the advertisement and was read aloud; and 20 21 WHEREAS, the Mayor then and there inquired for any further bids, and none were 22 submitted; and 23 24 WHEREAS, in the opinion of the City Council, it is expedient and in the best 25 interests of the City that the said lease should be granted to Richmond 20MHz, LLC, d.b.a. 26 NTELOS; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the bid of Richmond 20MHz, LLC, d.b.a. NTELOS be, and hereby is, 32 accepted, and that the aforesaid lease be, and hereby is, awarded to Richmond 20MHz, 33 LLC, d.b.a. NTELOS upon the conditions set forth in such lease. 34 35 2. That the name of Richmond 20MHz, LLC, d.b.a. NTELOS shall be inserted 36 in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the 37 attached lease entitled "Communication Tower Lease Agreement (Bow Creek 38 Neighborhood Park), City of Virginia Beach, Lessor and Richmond 20MHz, LLC, d.b.a. 39 NTELOS, Lessee," a summary of the material terms of which is hereto attached and a 40 copy of which is on file in the Office of the City Attorney. 41 42 3. That the revenue from the lease shall be appropriated to the Golf Course 43 Special Revenue Fund (175 Fund). 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 _ , 2009. APPROVED AS TO CONTENT: CA10974 R-1 January 21, 2008 APPROVED AS TO LEGAL SUFFICIENCY: , -/Om _ City Attorney's Office Bow Creek Neighborhood Park Communications Tower Lease Summary of Material Terms Parties: City of Virginia Beach and 20MHz, LLC, d/b/a as nTelos Leased Area: 50'x50' portion of Bow Creek Neighborhood Park, plus access (3425 Bow Creek Boulevard, Rose Hall District). Tower height to be maximum of 130' (to be set by conditional use permit) Term: Initial 10 -year term; lessee has right to renew for three 5 -year terms Rent: Base rent of $15,000/yr with annual increases of 3%; additional rent of 1/2 of any rent received by lessee from co -locators, with minimum to City of $9,600 from each co -locator Contingency: Lease is contingent on granting of a conditional use permit and other governmental approvals; Insurance: Lessee required to maintain insurance, including $2 Million Combined Single Limit commercial general liability insurance Other: Conditions of conditional use permit are incorporated by reference into the lease; lessee also must comply with applicable provisions of City Zoning Ordinance, other ordinances and state or federal laws d vitt fes_ a F1Jill. _; f E: g�$ tit .. fl- y tit bR; � . Willi. I to a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring certain property located on 12th Street (GPINS 2417- 84-5655 and 2417-84-3615) to be in excess of the City's needs and authorizing the City Manager to sell the property to WBM, L.L.C. MEETING DATE: January 27, 2009 ■ Background: WBM, L.L.C. ("WBM"), proposes to acquire two (2) parcels located on 12th Street, currently owned by the City of Virginia Beach. WBM has completed construction of duplexes on the south side of 12th Street. WBM plans to construct the same type of units (a total of 6) on the north side of 12th Street, if permitted to acquire the City -owned parcels. GPIN 2417-84-5655 is zoned for four (4) units and GPIN 2417-84-3615 is zoned for two (2) units. The City acquired the parcels at public auction on August 8, 1938. A Request for Proposal ("RFP") was advertised on two consecutive Sundays in The Virginian -Pilot as well as the City of Virginia Beach website. The City received two responses to the RFP. In its response to the RFP, WBM offered the total sum of the City $430,000 for the two (2) parcels. ■ Considerations: The Excess City Owned Real Property Committee reviewed the applicant's request and recommended that City Council declare the property in excess of the City's needs and sell the property to WBM. WBM meets or exceeds the criteria as requested in the RFP. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Approve the sale of the property as submitted, re -advertise the RFP, or retain ownership ■ Recommendations: Approve the sale of the property to WBM. ■ Attachments: Ordinance, Summary of Terms, and Location Map. Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real City Manager: IL ,'<�&' V:\applications\citylawprod\cycom32\Wpdocs\DO08\PO07\00074130. DOC EO to,4"xr- I AN ORDINANCE DECLARING CERTAIN 2 PROPERTY LOCATED ON 12TH STREET (GPINS 3 2417-84-5655 and 2417-84-3615) TO BE IN EXCESS 4 OF THE CITY'S NEEDS AND AUTHORIZING THE 5 CITY MANAGER TO SELL THE PROPERTY TO 6 WBM, L.L.C. 7 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land located on 12th Street (GPINs 2417-84-5655 and 2417-84-3615) 11 (the "Property"), more particularly described on Exhibit "A" attached hereto; 12 13 WHEREAS, a Request for Proposals ("RFP") for the purchase of the 14 Property was advertised on two consecutive Sundays in The Virginian -Pilot as well as 15 on the City of Virginia Beach website; 16 17 WHEREAS, WBM, L.L.C. ("WBM") was one of the respondents to the 18 RFP; 19 20 WHEREAS, the Excess City Owned Real Property Committee has 21 recommended that City Council declare the property to be in excess of the City's needs 22 and sell the Property.to WBM; 23 24 WHEREAS, WBM will construct residential dwellings that meet all of the 25 applicable local, state and federal regulations; 26 27 WHEREAS, WBM will purchase the Property in accordance with the 28 Summary of Terms attached hereto as Exhibit "B"; 29 30 WHEREAS, the City Council is of the opinion that the Property is in 31 excess of the needs of the City of Virginia Beach. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINJA: 35 36 That the property is hereby declared to be in excess of the needs of the 37 City of Virginia Beach and that the City Manager is hereby authorized to execute any 38 documents necessary to convey the Property to WBM, in substantial conformity with the 39 Summary of Terms attached hereto and such other terms, conditions or modifications 40 deemed necessary and sufficient by the City Manager and in a. form deemed 41 satisfactory by the City Attorney. 42 43 This ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2009. CA10780 PREPARED: 1/15/2009 R-1 V:\applicationslcitylawprodlcycom32\Wpdocs\D00B\P007\00074132.DOC APPROVED AS TO CONTENT Public Works APPROVED AS TO LEGAL EXHIBIT "A" GPIN: 2417-84-3615 and GPIN: 2417-84-5655: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots thirteen (13), fourteen (14), fifteen (15), sixteen (16), twenty- three (23), and twenty-four (24) in Block one hundred twenty (120), as shown on the untitled plat known as "PLAT OF LAKEWOOD", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 100. IT BEING a part of the same property conveyed to the Town of Virginia Beach, Virginia, by deed of P. W. ACKISS and W. R. ASHBURN, Special Commissioners, dated September 30, 1938 and recorded in the aforesaid Clerk's Office in Deed Book 195 at Page 469. Exhibit "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON 12" STREET SELLER: City of Virginia Beach PURCHASER: WBM, L.L.C. PROPERTY: GPINS: 2417-84-3615 and 2417-84-5655 LEGAL DESCRIPTION: GPIN: 2417-84-3615 and GPIN: 2417-84-5655 ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots thirteen (13), fourteen (14), fifteen (15), sixteen (16), twenty-three (23), and twenty-four (24) in Block one hundred twenty (120), as shown on the untitled plat known as "PLAT OF LAKEWOOD", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 100. IT BEING a part of the same property conveyed to the Town of Virginia Beach, Virginia, by deed of P. W. ACKISS and W. R. ASHBURN, Special Commissioners, dated September 30, 1938 and recorded in the aforesaid Clerk's Office in Deed Book 195 at Page 469. SALE PRICE: Four Hundred Thirty Thousand and No/ 100 Dollars ($430,000) CONDITIONS OF SALE: • Property is purchased "As Is". • The Deed will contain a reverter (to expire upon completion of construction) to insure the completion of the construction in a timely manner. Summary of Terms WBM, L.L.C. Page 2 Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000) at the execution of the Purchase Agreement. The deposit shall be non-refundable. The deposit shall be applied to the Purchase Price at closing. The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. The sale of the Property shall be subject to any necessary encroachments required for utilities. V:\applications\citylawprod\cycom32\Wpdocs\D008\P007\00074133.DOC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of a 1986 Chevy Celebrity Station Wagon to the Virginia Beach Police Department MEETING DATE: January 27, 2009 ■ Background: The Police Department was recently offered a donation of a 1986 Chevy Celebrity station wagon. The Virginia Beach Police Department would use this four -door vehicle as an aid for live drill firearms training, and for FX Simunition scenario drills (marking cartridges). It is also possible this vehicle will be used to produce a Department training video demonstrating the ballistic capabilities of current duty ammunition through car windows and doors. ■ Considerations: The donated vehicle shall be used to improve law enforcement weapons training efforts. As such, this vehicle will not require insurance or maintenance funds. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department ,v' City Manager. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT A DONATION OF A 1986 CHEVY CELEBRITY STATION WAGON FROM JAMES R. MOCKENHAUPT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a donation of a 1986 Chevy Celebrity station wagon from James R. Mockenhaupt is hereby accepted. This vehicle will be used in support of firearms training for the Virginia Beach Police Department. The City of Virginia Beach shall not be responsible for replacement of this equipment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TQ LEGAL SUFFICIENCY: 177;0 Police Departt City t t&Qey's CA10968 R-2 January 16, 2009 w a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Police Department's FY 2008-09 Operating Budget MEETING DATE: January 27, 2009 ■ Background: The Virginia Beach Police Department and Fire Department solicited proposals for a qualified contractor to perform a comprehensive job task analysis. The Police Department will receive an analysis of all the sworn ranks and to identify and validate appropriate written and behavioral assessment instruments for the entry level officer. The updated job analysis from this study will also assist in developing appropriate promotional processes, identifying training needs and performing workforce planning. Funding of $100,000 was budgeted in the previous fiscal year and has been carried forward into the current operating budget of the Police Department for this study. However, up to an additional $50,000 is needed to fund the bid of the company that will be identified as the most suitable for completing this critical work. Adequate funding has been carried forward into the Fire Department's current operating budget. ■ Considerations: The $50,000 is available through the DEA Shared Asset Special Revenue Fund that provides law enforcement agencies monetary resources to assist in accomplishing their mission. ■ Public Information: Public information will be made available through the normal Council Agenda process. ■ Alternatives: Additional funding through the General Fund Operating Budget is not currently available. Without these additional funds, the project would need to be delayed. ■ Recommendations: It is recommended that $50,000 is appropriated from the DEA Seized Property Special Revenue Fund to purchase these items. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department City Manager: k- . wv% 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 POLICE DEPARTMENT FY 2008-09 OPERATING 3 BUDGET 4 5 WHEREAS, the Drug Enforcement Administration (DEA) Seized Property Special 6 Revenue Fund provides law enforcement agencies with monetary resources to assist in 7 accomplishing their mission. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That appropriations to the Police Department's FY 2008-09 operating budget 13 are hereby increased by $50,000 for the purchase of a comprehensive job task 14 analysis, with revenues from the Fund Balance of the DEA Seized Property Special 15 Revenue Fund increased accordingly. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia on the day 18 of , 2009. 19 20 Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: -Ta nagement Services CA10969 R-2 January 13, 2009 Approved as to Legal Sufficiency: �1� .. • rte'" � - yw �� M CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds to Fully Fund Capital Project 3-207 CIT — Phase II Permits and Inspections Interactive Internet MEETING DATE: January 27, 2009 ■ Background: To conduct business, the Planning Department's Permits and Inspections division currently relies upon a legacy mainframe application. It is not meeting their current business needs. This system replacement is a high priority City modernization initiative. Currently, customers must go to the Permits and Inspections office and apply for a permit. Certain permit applications and associated fees can be mailed to the office. In FY 2001-02, a capital project was established to secure a Web based permit application and payment processing system. In FY 2003-04, system enhancements provided for mainframe read only access to permit numbers, GPIN numbers, DSC numbers, contractors, and stop work orders. The Planning Department has reviewed alternative systems, assessed the functional requirements, and conducted vendor negotiations. ■ Considerations: Capital project 3-207 CIT - Phase II Permits and Inspections Interactive Internet has $1,000,000 appropriated to date. The total system cost is projected to be $2,084,547. Currently, there is a funding need of $927,984. To meet the need, other unused capital project funding has been identified. Portions of capital project 3-084 CIT - Digital Submission of Construction Plan's project management and business analysis funding will not be needed. This function will be performed by city employees. Capital project 3-051 CIT — 311/Customer Relationship Reporting will be cancelled. In anticipation of 311's internal expansion beyond a single city division, the project provided for acquisition of a 311 customer reporting system. Growth has not occurred; therefore, this system is not a high priority. Lastly, by leveraging technology investments funded within capital projects 3-096 CIT — Police — MDT Increased Functionality and 3-346 CIT - Automatic Vehicle Location System, savings of $480,000 has been generated within capital project 3-043 CIT - In -Vehicle Mapping. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. A public presentation to Council on this item was made on January 13, 2009. ■ Alternatives: An alternative is to continue using the mainframe legacy application. This would result in no on-line permit application capabilities and would significantly constrain the Planning Department's ability to meet customer needs. ■ Recommendations: The recommendation is for City Council to transfer funds to Capital Project 3-207 CIT — Phase II Permits and Inspections Interactive Internet from capital project: 3-084 CIT - Digital Submission of Construction Plans $122,984 3-051 CIT - 311/Customer Relationship Reporting $325,000 3-043 CIT In -Vehicle Mapping $480,000 ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Communications and Information Technology&i4 City Manager: k �qz—�6 VOL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO TRANSFER FUNDS TO FULLY FUND CAPITAL PROJECT 3-207 CIT — PHASE II PERMITS AND INSPECTIONS INTERACTIVE INTERNET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $927,984 is transferred from the following capital projects to fully fund capital project 3-207 CIT — Phase II Permits and Inspections Interactive Internet: (1) $122,984 from capital project 3-084 CIT — Digital Submission of Construction Plans. (2) $325,000 from capital project 3-051 CIT — 311/Customer Relationship Reporting. (3) $480,000 from capital project 3-043 CIT — In -Vehicle. Adopted by the Council of the City of Virginia Beach, Virginia, on the day Of .2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: Management Services CAI 0976 R-2 January 15, 2009 APPROVED AS TO LEGAL SUFFICIENCY: City Att ey s Office K. PLANNING 1. Ordinance of the CITY OF VIRGINIA BEACH to adopt the NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH AREA IMPLEMENTATION PLAN as an Appendix to the Comprehensive Plan. RECOMMENDATION 022960w, 11 2. Application of LAWRENCE E. and JUNG Y. VALENTINE, CHARLES B. and DIANA SCHAFER for the closure of a portion of an unnamed, unimproved alley adjacent to the rear property line of 609 South Atlantic Avenue (Croatan Beach) to incorporate the right-of-way into their adjoining single-family residential lot. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL Application of CHARLES EDWARD and AMY H. DRESCHER for Modification of Conditions (approved by City Council on June 23, 1980) at 1201 and 1209 Hill Road re relocation of the stem of the flag lot for better access to the property. DISTRICT 5 - LYNNHAVEN RECOMMENDATION 4. Application of BARBARA IRVING for a Conditional Use Permit re a residential kennel for Shiz Tzu dogs at 5568 Forestview Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION 5. Application of BARTON HERITAGE L.L.C. for a Conditional Use Permit re motor vehicle rentals ( low speed vehicles) at 665 Sandbridge Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of GATEWAY ENTERPRISES, L.L.C. for a Change of Zoning District Classification from AG -2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of PRINCESSBORO COMPANY, INC. for a Change of Zoning District Classification from AG -1 Agricultural District to Conditional 0-2 Office and Conditional B- 2 Community Business District at Princess Anne and Sandbridge Roads for office and retail space. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, January 27, 2009, at 6:00 P.M. The following applications will be heard: BEACH DISTRICT Lawrence E. and Jung Y. Valentine, Charles B. and Diana Schafer Application: Stre t Closure. portion of an unnamed, unimproved alley adjacent to the rear property line of 609 S. Atlantic Avenue. AICUZ is 65-70. LYNNHAVEN DISTRICT Charles Edward and Amy H. Drescher Application: Modification of Conditions (approved by City Council on June 23, 1980), 1201 and 1209 Hill Road. AICUZ is 65-70. BAYSIDE DISTRICT Barbara Irving Application: Conditional Use Permit (residential kennel) 5568 Forestview Drive. AICUZ is less than 65. PRINCESS ANNE DISTRICT Barton Heritage L.L.C. Application: Conditional Use Permit (motor vehicle rentals -low speed vehicles) 665 Sandbridge Road. AICUZ is less than 65. Gateway Enterprises, L.L.C. Application: Change of Zoning District Classification AG -2 Agricultural to Conditional 0-2 Office at 2084 Princess Anne Road Princessboro Company, Inc. Application: Change of Zoning District Classification, AG -1 Agricultural to Conditional 0-2 Office and Conditional B-2 Community Business at Princess Anne and Sandbridge Roads (GPINs 2414213872; 2414315138 -part of). Comprehensive Plan -Transition Area/Princess Anne. Purpose- develop office and retail. AICUZ is 65-70. CITY OF VIRGINIA BEACH Ordinance to adopt the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix to the Comprehensive Plan. All interested parties 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 htta://www.vbgov.com/ac. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon January 11 & 18, 2008 19723830 ii 1 nu I 14y�y�) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, An Ordinance to adopt the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix to the Comprehensive Plan MEETING DATE: January 27, 2009 ■ Background: The City is in the process of developing land use and implementation plans for the 12 Strategic Growth Areas identified by the 2003 Comprehensive Plan. Work on Strategic Growth Area #1, the Northampton Boulevard Corridor Area, began in April 2008 and development of the plan has progressed with significant public input. ■ Considerations: Urban Design Associates and the LandMark Design Group were selected to lead this effort with financial consultation services from Basile Baumann Prost Cole and Associates. The Planning Department and the Department of Economic Development have worked together to move this important plan forward. Although plans have been generated in the past for this area, those plans have not been implemented. This plan builds on previous plans, emphasizes implementation strategy and is designed to have a high probability of implementation. The proposed amendment to the Comprehensive Plan provides a vision for the Northampton Boulevard Corridor -Burton Station area, which was developed through a collaborative process with property owners, residents, citizens, and City staff, and the plan provides a series of strategic steps necessary to achieve the expressed vision. The City Council held a Public Comment session for this item at its January 13, 2009 meeting. ■ Recommendations: The Planning Commission passed a motion by a vote of 11-0 to recommend approval of the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan to the City Council. CITY OF VIRGINIA BEACH — NORTHAMPTON BOULEVARD CORRIDOR SGA IMPLEMENTATION PLAN Page 2 of 2 ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City Manager. ,�� CITY OF VIRGINIA BEACH AMENDMENT TO COMPREHENSIVE PLAN — NORTHAMPTON BOULEVARD / BURTON STATION SGA Agenda Item 13 December 10, 2008 Public Hearing REQUEST: An Ordinance to adopt the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix to the Comprehensive Plan SUMMARY OF AMENDMENT The City is in the process of developing land use and implementation plans for the 12 Strategic Growth Areas identified by the 2003 Comprehensive Plan. Work on Strategic Growth Area #1, the Northampton Boulevard Corridor Area, began in April 2008 and development of the plan has progressed with significant public input. Urban Design Associates and the LandMark Design Group were selected to lead this effort with financial consultation services from Basile Baumann Prost Cole and Associates. The Planning Department and the Department of Economic Development have worked together to move this important plan forward. Although plans have been generated in the past for this area, those plans have not been implemented. This plan builds on previous plans, emphasizes implementation strategy and is designed to have a high probability of implementation. RECOMMENDATION Staff recommends approval of the attached ordinance, which adopts the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an appendix to the Comprehensive Plan. The plan provides a land use plan for the development and redevelopment of this Strategic Growth Area including phasing, implementation strategy, design guidelines, infrastructure recommendations and an economic impact study. Copies of the Plan are available at the Planning Department. The Plan can also be viewed on the Planning Department's web site at www.vbgov.com/burtonstation under "Related Documents" on the right side of that Web page. V� CITY OF VIRGINIA BEACH - NORTHAMPTON SGA Agenda Item 13 Page 1 0�9•P'Fd � 9 0�G` OF 10N OUR NA1 PLANNING DEPARTMENT PHONE (757) 385.4621 FAX (757) 385-5667 TTY 711 City of 'Virginia Bach Northampton Boulevard Corridor Implementation Plan Public Input Summary V Rgovxom MUNICIPAL CENTER BUILDING 2, Room 115 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 234569040 April 1 and April 2, 2008 — Phase I of Public Meetings, Understanding Stakeholder interviews, small group meetings, bus tour, dinner prepared by City staff for public participants and an evening public meeting. Norfolk Academy April 29 and May 1, 2008 — Phase II of Public Meetings, Exploring Two day design charrette culminating in an evening public meeting. Lake Wright Hotel June 16, 2008 — Phase III of Public Meetings, Deciding Public meeting to explore plan options and the fiscal impact of the various options. Lake Wright Hotel 6:30 pm September 29, 2008 — Public Meeting Public meeting to present and further discuss fiscal information associated with the various plan options. Lake Wright Hotel 6:30 pm October 20, 2008 — Public Workshop #1 Topics included the Formal Public Hearing Process, Zoning Regulations and the Subdivision Process. 6:30 pm Bayside Elementary School 5649 Bayside Road School Library November 17, 2008 — Public Workshop #2 Topics included Private Development Options and the City's Capital Improvement December 3, 2008 Page 2 of 2 Program Process. 6:30 pm Bayside Elementary School 5649 Bayside Road School Library December 10, 2008 — Planning Commission Formal Public Hearing on the Plan. 12:00 noon City Council Chambers January 13, 2009 — City Council Formal Public Hearing on the Plan. 6:00 pm City Council Chambers February 15, 2009 — Celebration of Burton Station Burton Station property owners and residents are invited to share their oral history at the Bayside Library where all information and stories will be video and audio taped. Any old pictures and documents brought for sharing will be scanned. All material will become a permanent part of the library collection. Bayside Library 936 Independence Boulevard 2:30 — 5:30 pm 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY INCORPORATING THE NORTHAMPTON 3 BOULEVARD CORRIDOR STRATEGIC GROWTH AREA 4 IMPLEMENTATION PLAN AS AN APPENDIX 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 13 amended and reordained by the addition of that certain document entitled "Northampton 14 Boulevard Corridor Strategic Growth Area Implementation Plan" as an Appendix. Such 15 document is made a part hereof, having been exhibited to City Council and is on file in 16 the Department of Planning. 17 18 COMMENT 19 20 The ordinance amends the Comprehensive Plan by incorporating the Northampton 21 Boulevard Corridor Strategic Growth Area Implementation Plan, which provides general land use 22 policy guidance regarding the Northampton Boulevard area. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25 day of 2008. APPROVED AS TO CONTENT: ��, ��4 Planning Jjpartment CA10954 R-1 December 2, 2008 APPROVED AS TO LEGAL SUFFICIENCY: I I 1 11 It 101 1 Item #13 City of Virginia Beach An Ordinance to Adopt the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix To the Comprehensive Plan December 10, 2008 REGULAR Janice Anderson: We will start with the matters we're going to hear today. I'll let our Secretary call the first matter. Donald Horsley: The first matter is item 13, the City of Virginia Beach. It's an ordinance to adopt the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix to the Comprehensive Plan. Ms. Lasley will address us. Madam Chairman, we have five speakers today. Karen Lasley: Last Monday evening you were briefed pretty thoroughly by our consultant on the plan. We don't have anything further to add to that. We have about five people here who have put in a lot of hours working with us on the plan. None of them seem too eager to speak, but I hope they're going to get up and at least get up and say hello. It has been a great experience for the staff. Lloyd Jackson is here from Economic Development and Leslie Bonilla, and me, and Jack, and Warren Harris, Director of Economic Development, who couldn't be here are the main staff contacts on this. So, we're here if you have any questions. We also have the PowerPoint presentation if you would like to see any of the pictures. Janice Anderson: Thank you. It is very nice to finally have a plan. Karen Lasley: It is very nice. Janice Anderson: Thank you very much for everybody's work. We appreciate it so much. Donald Horsley: Our first speaker this afternoon is Robert Garris. Janice Anderson: I think it is a reluctant Mr. Garris coming up. Welcome sir. Robert Garris: Good evening Commissioners. It is an honor and a pleasure for me to be here today because as the lady just stated, we now have a plan. Ed Weeden: Please state your name for the record. Robert Garris: My name is Robert Gams. We have a plan, and I don't oppose it. It has been a long time coming. I've been to just about every meeting there was. I am satisfied. Janice Anderson: We appreciate your time and your effort in the plan, and it shows. Thank you so much. Item #13 City of Virginia Beach — Northampton Boulevard Corridor Plan Page 2 Robert Gams: Thank you. Donald Horsley: Thank you. Our next speaker is Russell Valentine. Janice Anderson: Welcome sir. Russell Valentine: My name is Russell Valentine. And I will go along with the plan that we got. Everything is working out just fine. Janice Anderson: Thank you Mr. Valentine. Thank you for your input to your plan. Thank you very much. Donald Horsley: Our next speaker is Jacqueline Morgan. Jacqueline Morgan: Hello. Janice Anderson: Hello. Welcome. Jacqueline Morgan: Thank you all for allowing us to be a part of this. I've grown up with this Burton Station issue from the time I was old enough to understand that I live in Burton. So, I really appreciate the fact that we have our input in it, and we're really excited that this is actually looking like it is going to happen. So, we're just thankful. Janice Anderson: Thank you. Thank you for all your help Ms. Morgan. Donald Horsley: Naomi Morgan. Naomi Morgan: I had no idea I had to do this. But I am Naomi Morgan. I'm glad I'm here because I have a water problem. My water has been out for one month. Everybody came out and fixed my water and charged me to fix that water, but they never fixed it. I got an old guy and he came out and fixed it for me. He charged me money, but he didn't fix my water. And I'm glad to have water and sewage. I am tired of carrying water like we're back in Africa. I have seen those people carry water from a lake; so, I'm borrowing water from my neighbors. And I've had one time so I'm glad to get the water and sewage just so I don't have to pay for it. But we want the most money for our property. We just don't want you to come in. I like the plan, but we want the very best plan and the best money for our property because that is my daughter. I have three kids. I want the best for my property. I love the plan. I think it is going to work out fine. Just don't forget the money.. Don't forget my water. Don't forget my sewage. I need it. Telephone wires were cut going into the hotel. They cut my wires and for two weeks the phone was out. You don't have anything to do with that. The car went out. Everything just went out. Come in and beautify our neighborhood. Give us things that we need, because I do have to pay those taxes every year. And I don't have the things that I need. So, please help us out. Janice Anderson: Thank you very much. Thank you for coming down today. Item #13 City of Virginia Beach — Northampton Boulevard Corridor Plan Page 3 Naomi Morgan: Thank you. Donald Horsley: David Reda. David Reda: Good afternoon. David Reda. I'm with Wolcott, River, and Gates. I'm a little further north. I represent the mobile home park, the Colonial Run Mobile Home Park, the owners of that park. They asked me to attend all of the meetings just to make sure that I keep an eye on you all. And, I don't get out much; so, I'm happy to do that. One thing that I want to make sure that you are all aware of is that the owners of this park are happy to do whatever needs to be done as long as it is in the interest of everyone. I know that the City has had some issues with respect to closing mobile home parks. This particular owner is very, and likes this park a lot. He hopes that we can find a place to relocate it. So, as part of this plan, and I know that we talked about it a little bit with Karen, and with the Economic Development Authority, but we're hoping that we can find a place to relocate the park within the City of Virginia Beach in order to make sure that the low income families that are living there now don't lose their places in Virginia Beach, and they can continue to live in Virginia Beach. So, we're really happy to see the plan be implemented in stages when it gets up that far, we're a player. We're happy to participate. I don't even know if "caveats", maybe that is too strong a word. I don't mean it to sound like that, but I'm just not articulate enough to think of a better one. But we do hope we are able to relocate those folks to another place in the city. Thank you very much. Janice Anderson: Thank you Mr. Reda. Donald Horsley: That is all the speakers. Janice Anderson: I'll open it up for discussion. Are there any comments? Go ahead Gene. Eugene Crabtree: Again, I don't think we need much discussion, because we've discussed it, and many of us went to most of the meetings that these folks have been too. We sat on them. We've listened to their comments. We've heard what they had to say. We've listened to the planner and the developers who were there. We listened to the City. I think we have been well briefed on it. I really don't think that there is anything we need to say further. 1 would like to make a motion that we approve it. Janice Anderson: Thank you. We have a motion by Gene Crabtree. Al Henley: Second. Janice Anderson: A second by Al Henley. Are there any further comments? Are we ready for the vote? AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE Item #13 City of Virginia Beach — Northampton Boulevard Corridor Plan Page 4 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the board has approved the application of the City of Virginia Beach for the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix to the Comprehensive Plan. Janice Anderson: Thank you all again for your help in the plan. Thank you very much. We just going to move on and get it implemented now. We'll take action on it. Thank you very much. Donald Horsley: I just saw Ms. Lasley say Hallelujah. 1 06/24/08 Street Closure Granted- ranted2 2 03/23/04 Street Closure Granted 3 07/11/00 Street Closure Granted ZONING HISTORY JUNG Y. & LAWRENCE E. VALENTINE Agenda Item 11 Page 7 4 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAWRENCE E. & JUNG Y. VALENTINE AND CHARLES B. & DIANA SCHAFER, Street Closure, portion of an unnamed, unimproved alley adjacent to the rear property line of 609 S. Atlantic Avenue. AICUZ is 65-70. BEACH DISTRICT. MEETING DATE: January 27, 2009 ■ Background: During the past 15 years there have been several street closure requests granted along the subject alleyway. The applicant requests a closure of the western 7.5 feet of a 15 -foot wide unimproved alley for the purpose of incorporating the right- of-way into their adjoining single-family residential lot. ■ Considerations: The portion of the alley proposed for closure is part of an undeveloped alley that runs north to south along the entire block. Other street closure requests similar to this request have been granted to homeowners within the same block. The Viewers met and determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way with a drainage and utility easement. City Council has an adopted policy aimed at disposing of undeveloped right-of- ways to adjoining property owners in the Croatan community. The proposed street closure is recommended for approval with the conditions below. The Planning Commission placed this item on the consent agenda because the Viewers determined there will be no public inconvenience from the closure of this portion of the alley and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's LAWRENCE E. & JUNG Y. VALENTINE AND CHARLES B. & DIANA SCHAFER Page 2of2 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement and the dedication of a public utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the Department of Public Utilities, respectively, and the City Attorney's office, which easements shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning C mmission recommends approval. Submitting Department/Agency: Planning Department City Manager: k- , 75� M->04- LAWRENCE E. & JUNG Y. VALENTINE Agenda Item 11 December 10, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Application for the discontinuance, closure and abandonment of a portion of an alley located adjacent to 609 South Atlantic Avenue, Lot 22, Block 22, Plat of Croatan Beach. ADDRESS / DESCRIPTION: Property located at the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 South Atlantic Avenue (Lot 22, Block 22, plat of Croatan Beach). COUNCIL ELECTION DISTRICT: SITE SIZE: BEACH 375 square feet SUMMARY OF REQUEST During the past 15 years there have been several street closure requests granted along the subject alleyway. The applicant requests a closure of the western 7.5 feet of a 15 -foot wide unimproved alley for the purpose of incorporating the right-of-way into their adjoining single-family residential lot. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Portion of an undeveloped alley between residential lots. SURROUNDING LAND North: . Single-family dwellings / R-10 Residential District USE AND ZONING: South: . Single-family dwellings / R-10 Residential District East: • Across South Atlantic single-family dwellings / R-10 Residential District West: • Across the alley single-family dwellings / R-10 Residential District JUNG Y. & LAWRENCE E. VALENTINE Agenda Item 11 Page 1 NATURAL RESOURCE AND This site does not have any known significant cultural, historical or CULTURAL FEATURES: environmental features. AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS — TRAFFIC ENGINEERING: No impacts. PUBLIC WORKS - STORMWATER MANAGEMENT: A drainage easement must be retained to insure proper drainage through this and adjacent lots. A drainage easement for review and approval by the City of Virginia Beach Public Works Department must be included on the subdivision plat. WATER & SEWER: Preliminary comments from the Department Public Utilities indicate there are no utilities affected by this closure. PRIVATE UTILITIES: Preliminary comments from private utility companies indicate there are no private utilities within the area proposed for closure. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The portion of the alley proposed for closure is part of an undeveloped alley that runs north to south along the entire block. Other street closure requests similar to this request have been granted to homeowners within the same block. The Viewers met and determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way with a drainage and utility easement. City Council has an adopted policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community.. The proposed street closure is recommended for approval with the following conditions. JUNG Y. & LAWRENCE E. VALENTINE Agenda Item 11 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a 2Utk drainage easement and a public utility easement on the final subdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. JUNG Y. & LAWRENCE.E. VALENTINE Agenda Item; 11 Pagan 3 AERIAL OF SITE LOCATION JUNG Y. & LAWRENCE E. VALENTINE Agenda Item 11 Page 4 107. v E N N tY O ; n t Y- t J co 2 z v E (IYld - -4KV YNnOSVO) avow NVIVONO k rA STREET CLOSURE EXHIBIT JUNG Y. & LAWRENCE.E. VALENTINE Agenda Item 11 Page 5 Ld J 01 a 'fi g N a ON 0 u] z �' N RW t22Q 1 1 00 K x � �v ri (IYld - -4KV YNnOSVO) avow NVIVONO k rA STREET CLOSURE EXHIBIT JUNG Y. & LAWRENCE.E. VALENTINE Agenda Item 11 Page 5 PHOTOGRAPH OF STRUCTURE JUNG Y. & LAWRENCE E. VALENTINE Agenda item 11 Page 6 1 06/24/08 Street Closure Granted 2 03/23/04 Street Closure Granted 3 07/11/00 Street Closure Granted ZONING HISTORY JUNG Y. & LAWRENCE- E. VALENTINE Agenda Item11. Page 7 0 a v 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) Lawrence E. Valentine & Jung Y. Valentine and Charles B. Schafer and Diana Schafer 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) 2. List all businesses that have a parent -subsidiary' or affiliated business entity 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 Street Closure Application Pape 17 of 13 Revised et113po4 JUNG Y. & LAWRENCE E. VALENTINE Agenda Item 11 Page 8 SURESTATEMENT 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 li�t�if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more then 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 1 "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 some 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 Print Name Property Owner's Signature (if different than applicant) Print Name Street Clowe Awlic aim Page it of 11 Rcw*ed 719M7 0 a U JUNG Y. & LAWRENCE E. VALENTINE Agenda Item, 11 Page 9 Item #11 Lawrence E. & Jung Y. Valentine and Charles B. & Diana Schafer Discontinuance, closure and abandonment of a portion of an Unnamed, unimproved alley adjacent to the rear property line of 900 S. Atlantic Avenue District 6 Beach December 10, 2008 CONSENT Joseph Strange: The next matter is agenda item 11. An application of Lawrence E. & Jung Y. Valentine and Charles B. and Diana Schafer for the discontinuance, closure and abandonment of a portion of an unnamed, unimproved alley adjacent to the rear property line of 609 South Atlantic Avenue, District 6, Beach, with five conditions. Eddie Bourdon: Thank you Mr. Strange. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicants. We appreciate being on the consent agenda. All five (5) conditions recommended by your staff are acceptable. Joseph Strange: Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Jay Bernas to review this item. Jay Bernas: Thank you. This application is for a street closure in the Croatan subdivision. And during the past 15 years, there have been several street closure requests along this subject alleyway. The applicant requests the closure of the western 7%2 feet of a 15 foot wide unimproved alley for the purpose of incorporating the right-of-way into their adjoining single-family residential lot. The applicant will also provide for a drainage and utility easement. The proposed closure will not result in a public inconvenience and therefore the Planning Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Chairman, I will make a motion to approve agenda item 11. Janice Anderson: A motion by Joe Strange. Barry Knight: Second. Janice Anderson: A second by Barry Knight. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE item #11 Lawrence E. & Jung Y. Valentine and Charles B. & Diana Schafer Page 2 KATSIAS AYE KNIGHT AYE LWAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 11 for consent. 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 43 44 APPLICATION OF LAWRENCE E. & JUNG Y. VALENTINE AND CHARLES B. & DIANA SCHAFER FOR THE CLOSURE OF '/z OF AN ALLEY ADJACENT TO 609 S. ATLANTIC AVENUE IN CROATAN. WHEREAS, Lawrence E. & Jung Y. Valentine and Charles B. & Diana Schafer (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described alley discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said alley be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described subject to certain conditions being met on adoption of this ordinance: alley be discontinued, closed and vacated, )r before one (1) year from City Council's All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as 7.50' X 50.00' PORTION OF ALLEY TO BE CLOSED (375 S.F./0.009 AC.)" shown as the cross -hatched area on that certain plat entitled: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 22, BLOCK 22 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA" Scale: 1"=20', dated SEPTEMBER 22, 2008, prepared by Gallup Surveyors & Engineers, LTD., a copy of which is attached hereto as Exhibit A. GPIN: 2426-39-5627-0000 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a public drainage easement and the dedication 60 of a public utility easement over the closed portion of the alley to the City of Virginia 61 Beach, subject to the approval of the Department of Public Works and the Department 62 of Public Utilities, respectively, and the City Attorney's office, which easement shall 63 include a right of reasonable ingress and egress. 64 65 3. The applicant shall verify that no private utilities exist within the right -of - 66 way proposed for closure. Preliminary comments from the utility companies indicate 67 that there are no private utilities within the right-of-way proposed for closure. If private 68 utilities do exist, the applicant shall provide easements satisfactory to the utility 69 companies. 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before January 26, 79 2010, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before January 26, 2010, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. 2 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 92 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 93 OF VIRGINIA BEACH as "Grantor" and LAWRENCE E. & JUNG Y. VALENTINE AND 94 CHARLES B. & DIANA SCHAFER, as "Grantee." 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 97 day of , 2009. CA10766 V:\applications\citylawprod\cycom32\ Wpdocs\D013\P004\00000930. DOC R-1 January 13, 2009 3' APPROVED AS TO CONTENT: lanning Ddoartment APPROVED AS TO LEGAL SUFFICIENCY: low City Attor EXHIBIT '• An ITEM II F. CONSENT AGENDA (continued) 8. Ordinance to appropriate funds, in the amount of $55,000, on SECOND READING, to extend a specialized Mental Health Grant for emotionally handicapped students. 9. Ordinance to appropriate funds, in the amount of $432,000, on SECOND READING, for the Tidewater Virginia Alcohol Safety Act- ion Program (TVASAP). G. PLANNING ITEMS 1. RECONSIDERATIONS a. Upon Court order, Application of National Pride Equipment Company, Inc., for a conditional use permit for a self- service car wash on a .48 acre parcel located at the south- east intersection of Brady Court and South Witchduck Road (Kempaville Borough). 2. DEFERRED ITEMS a. Deferred for 30 days on April 21, 1980 and for an additional 30 days on May 19, 1980. Application of Henry A. Shook for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the CZO. He wishes to subdivide a 1.18 acre site, located at the northwest intersection of Bay Colony Drive and Hill Road, into two lots. 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commissionfor approval. 3. NEW APPLICATIONS a. Application of CH & B Associates for a variance to Section 4.4.(b) of the Subdivision Ordinance which requires lot dimen- sions to conform to the CZO. This 1.29 acre site is located on the north side of Adam Keeling Road, west of Great Neck Road. This site currently consists of two lots, which if re - subdivided as proposed, would remain as two lots. 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for approval. -35 - ITEM 115286(a) Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of HENRY A. SHOOK for a variance to Section 4.4(b) of the Subdivision Ordinance, as per the following: Appeals from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Henry A. Shook. Property located at the Northwest intersection of Bay Colony Drive and a portion of vacated Hill Road. More detailed information is available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 1.18 acre site, located at the Northwest intersection of Bay Colony Drive and Hill Road, into two (2) lots. Voting: B-3 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None 06/23/80 CHARLES AND AMY DRESCHER !'I.n•.Inn Ti.i.........7 11..nn..7•n.. r..3 Ay.... T% n k«n^^ •nu Relevant Information: • Lynnhaven District • The applicant requests a Modification of Conditions for a Subdivision Variance approved in 1980. • The 1980 plan depicted the stem of Lot 1-B on the eastern side of Lot 1-A. For the convenience of the applicant, the applicant now requests relocation of the stem of Lot 1-B from the eastern side of Lot 1-A to the western side of Lot 1-A. • AICUZ is 65 - 70. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0). • Consent Agenda. • No opposition. Nu 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHARLES EDWARD DRESCHER AND AMY H. DRESCHER, Modification of Conditions of a Subdivision Variance (approved by City Council on June 23, 1980), 1201 and 1209 Hill Road. LYNNHAVEN DISTRICT. MEETING DATE: January 27, 2009 ■ Background: In 1980, City Council granted a Subdivision Variance to allow a minimum lot width of 15 feet for property at 1209 Hill Road and a minimum lot area of approximately 20,062 square feet for property located at 1201 Hill Road. That variance was conditioned to a specific plan, which depicted the stem of the flag for the rear lot, Lot 1-B, on the eastern side of front lot, Lot 1-A. ■ Considerations: The applicant now requests relocation of the stem of the flag lot, Lot 1-B, from the eastern side of Lot 1-A to the western side of Lot 1-A. The request is for the convenience of the applicant for access to the lot. There is an existing 15 -foot easement within what was the Hill Road right-of-way, located along the eastern property lines of both lots. This easement provides public pedestrian access to and from Crystal Lake and is required as a condition of the street closure of Hill Road, approved by City Council on February 26, 1979. The applicant must maintain this easement and keep it unobstructed so that public access is not impeded to and from Crystal Lake. The applicant will maintain the existing easement as part of this proposal. The proposed modification of conditions is not detrimental to adjacent properties. The request to reconfigure access to Lot 1-B does not change the density or intensity of land uses on-site. Additionally, the proposed reconfiguration of this subdivision is in keeping with minimum lot widths and lot areas approved by City Council on June 23, 1980. The Planning Commission placed this item on the consent agenda because the request is for a minor relocation of the stem of a lot created by a prior Subdivision Variance, an easement for public access to Crystal Lake will be maintained, and there was no opposition to the request. Charles Edward Drescher & Amy H. Drescher and Gregory W. Deaver & Lisa M. Deaver Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: 1. The property shall be configured substantially as shown on the submitted plat entitled "Resubdivision of Property of Lot 1A & Lot 1B & Portion of Vacated Hill Road 'Lake Shore Park"', dated July 23, 2008 by Hayden Frye and Associates, Inc. 2. A minimum 15 -foot easement shall be maintained within the formally known Hill Road right-of-way identified on Map Book 141 and Page 40. This easement shall be unobstructed and well maintained to allow public access for individuals traveling to and from Crystal Lake. 3. Crusher run or other porous material approved by the Planning Department / Development Services Center shall be utilized within the driveway for proposed Lot 1 B-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 Manager: " K— ' - CHARLES EDWARD DRESCHER & AMY H. DRESCHER AND GREGORY W. DEAVER & LISA M. DEAVER Agenda Item 10 December 10, 2008 Public Hearing Staff Planner: Faith Christie / Leslie Bonilla REQUEST: Modification of Conditions of a Subdivision Variance granted by City Council on June 23, 1980. The Subdivision Variance is to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: 1201 and 1209 Hill Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24185788710000 and LYNNHAVEN 51,368 square feet 24185789690000 The Subdivision Variance to allow a minimum lot width of 15 SUMMARY OF REQUEST feet for property at 1209 Hill Road and a minimum lot area of approximately 20,062 square feet for property located at 1201 Hill Road was approved by City Council on June 23, 1980. That June 23, 1980 subdivision variance was conditioned to a specific plan. The plan depicted the stem of flag lot, Lot 1-B, located on the eastern side of Lot 1-A. For the convenience of the applicant, the applicant now requests relocation of the stem of Lot 1-B from the eastern side of Lot 1-A to the western side of Lot 1-A. CHARLES EDWARD DRESCHER & AMY H. DRESCHER AND -GREGORY W. DEAVER & LISA M. DEAVER Agenda Item 10 Page 1 There is an existing 15 -foot easement provided within the former Hill Road right-of-way along the eastern property lines of both lots. This easement provides public pedestrian access to and from Crystal Lake and is required as a condition of a street closure of Hill Road, approved by City Council on February 26, 1979. The applicant must maintain this easement and keep it unobstructed so that public access is not impeded to and from Crystal Lake. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwellings. SURROUNDING LAND North: . Crystal Lake USE AND ZONING: . Single-family dwellings / R-30 Residential District South: . Bay Colony Drive • Single-family dwellings / R-30 Residential District East: . Single-family dwellings / R-30 Residential District West: . Single-family dwellings / R-30 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. Crystal Lake is CULTURAL FEATURES: located approximately 50 feet north of site. The northeast corner of property located at 1209 Hill Road is situated within the Chesapeake Bay Preservation Area. Both the proposed and existing locations for access to 1209 Hill Road are outside the Chesapeake Bay Preservation Area. AICUZ: The site is in an AICUZ of 65 -70 dB Ldn Sub -Area 3 surrounding NAS Oceana. IMPACT ON CITY SERVICES There are no significant impacts on City services. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. CHARLES EDWARD DRESCHER & AMY H. DRESCHER AND GREGORY W. DEAVER & LISA M. DEAVER Agenda Item 10 Page 2 Evaluation: The proposed modification of conditions is not detrimental to adjacent properties. The request to reconfigure access to Lot 1-B does not change the density or intensity of land uses on-site. Additionally, the proposed reconfiguration of this subdivision is in keeping with minimum lot widths and lot areas approved by City Council on June 23, 1980. The applicant will maintain the existing easement that currently provides public pedestrian access to and from Crystal Lake; therefore, Staff finds that there will be no impact on City services and recommends approval of the modification of conditions request to Subdivision Variance approved on June 23, 1980 with the conditions below. CONDITIONS 1. The property shall be configured substantially as shown on the submitted plat entitled "Resubdivision of Property of Lot 1A & Lot 1 B & Portion of Vacated Hill Road 'Lake Shore Park'", dated July 23, 2008 by Hayden Frye and Associates, Inc. 2. A minimum 15 -foot easement shall be maintained within the formally known Hill Road right-of-way identified on Map Book 141 and Page 40. This easement shall be unobstructed and well maintained to allow public access for individuals traveling to and from Crystal Lake. 3. Crusher run or other porous material approved by the Plannina Department / Development Services Center shall be utilized within the driveway for proposed Lot 1 B-2. 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. CHARLES EDWARD DRESCHER & AMY H. DRESCHER AND GREGORY W. DEAVER & LISA M. DEAVER Agenda Item 10 Page 3 Z 0 ,41 wj LOCA-flo" AERIAL 01: Sl TE H. Djp CHER & MAY ESCvAER ANDEWARD ORES'EAVER &LISA M. Or-A\'ER C,V4AR GREGORY \N. D Agenda Item 'o Page 4 Nil 4h Tk ,41 wj LOCA-flo" AERIAL 01: Sl TE H. Djp CHER & MAY ESCvAER ANDEWARD ORES'EAVER &LISA M. Or-A\'ER C,V4AR GREGORY \N. D Agenda Item 'o Page 4 ku X to Au , - 41cT VH,2,Y C -I-AAl.T ,,VAP 80OX 1.1��, 4fefr .i OAY COLONY VNIVE (so,*/w) CURRENT SUBDIVISION 14/F *CRYSTAL SM. OF SM 3A A 0 LAW ma SHM FAME�Ea4pr WO -115 PM Of *w r or 9,40,ow./ mmy"it, —fw4f" Pin (F) t I MPA LOT Jw-2 3UM SF/0.7% AC Kn (F) , _11, -- I DAY COLONY DRWE (60' R/W) Mlif P." (F) IV PL*k memtowftm, "- KV ftl III MZ* —s" Not# IL Z,. (f) PROPOSED SUBDIVISION CHARLES EDWARD DRESCHER & AMY H. DRESCHER AND GREGORY W. DEAVER & LISA M. DEAVER Agenda Item 10 Page 5 Ll " loaf � I ��! � �....� �- ten► � jj .. •); 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 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 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. 8 See next page tot footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 713107 CHARLES EDWARD DRESCHER & AMY H. DRESCHER AND GREGORY W. DEAVER & LISA M. DEADER Agenda Item 10 Page 7 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) ' "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. Y '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 some penton 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 Gose 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 undersignedp�tconsents to entry upon the subject property by employees of the Department of PI�{1nito raph and view the site for purposes of processing and evaluating this application. Signature (if different than applicant) Modification of conditions Application Page 11 of 11 Revised 7rM007 NW'n1 4C - Pnt Name C20 . Print Name CHARLES EDWARD DRESCHER & AMY H. DRESCHER AND GREGORY W. DEAVER & LISA M. DEAVER Agenda Item 10 Page 8 Item #10 Charles Edward Drescher & Amy H. Drescher Modification of Conditions 1201 and 1209 Hill Road District 5 Lynnhaven December 10, 2008 CONSENT Joseph Strange: The next matter is item 10. An application of Charles Edward Drescher & Amy H. Drescher and Gregory W. Deaver & Lisa M. Deaver for a Modification of Conditions approved by City Council on June 23, 1980 on property located at 1201 & 1209 Hill Road, District 5, Lynnhaven, with two conditions. Janice Anderson: Welcome Mr. Thompson. Brett Thompson: Good afternoon Commissioners. My name is Brett Thompson. I'm an attorney with the law firm with Kellum, Pickrell, Cox & Tayloe in Norfolk representing our applicants today in regards to the modification of this subdivision variance. Essentially, Commissioners were asking to flip the flag lot or the stem of the flag lot. It currently runs adjacent to the eastern side and we want to move it over to the western side, of the lot. Janice Anderson: Mr. Thompson this has been placed on the consent agenda. They had an extra condition placed. Can you see if this acceptable? I don't know if you had a chance, because I think they just did it between the informal and now. Brett Thompson: I'm getting old. Janice Anderson: I understand. I had that problem last night. Brett Thompson: The applicants will comply and agree with all the conditions. The plan is the driveway will be crusher run driveway. The subdivision will be in accordance with the resubdivision plat that has been submitted. The 15 foot public right-of-way will be maintained and unobstructed. Janice Anderson: Great. Thank you very much. Brett Thompson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Kathy Katsias to review this item. Kathy Katsias: This application by Charles Edward Drescher and Amy H. Drescher and Gregory W. Deaver and Lisa M. Deaver is for a Modification of Conditions. In 1980, there was a subdivision variance that was conditioned a specific plan. The plan depicted the stem Item #10 Charles Edward Drescher & Amy H. Drescher Page 2 of a flag lot, Lot 1-B, located on the eastern side of Lot 1-A. For the convenience of the applicant, the applicant now requests the relocation of the stem of Lot 1-B from the eastern side to the western side of the lot. The staff recommends approval. We concur with staff, so, therefore, we placed it on the consent agenda. Thank you. Joseph Strange: Thank you Kathy. Chairman, I make a motion to approve agenda item 10. Janice Anderson: A motion by Joe Strange. Barry Knight: Second. Janice Anderson: A second by Barry Knight. I need abstain from this agenda item 10. Our firm is working on the project. AYE 10 NAY 0 ANDERSON BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 1 ABSENT 0 ABS Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 10 for consent. BARBARA IRVING CUP - Residential Kennel Relevant Information: • Bayside District • The applicant requests a Conditional Use Permit to allow a residential dog kennel with up to six (6) adult Shih Tzu dogs. • Upon seeking a dog license for the animals, the applicant was notified that a Use Permit was required. • The applicant has four (4) adult dogs and one (1) puppy and plans to breed the dogs twice per year. • AICUZ is Less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0). • Consent Agenda. • No opposition. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BARBARA IRVING, Conditional Use Permit (residential kennel), 5568 Forestview Drive. BAYSIDE DISTRICT. MEETING DATE: January 27, 2009 ■ Background: The applicant requests a Conditional Use Permit to allow a residential dog kennel with up to six (6) Shih Tzu adult dogs, which are a small breed and typically weigh eight (8) to 13 pounds. The property is located in an established single- family residential neighborhood and is adjacent to the Little Creek Reservoir. The applicant currently has four (4) adult dogs and one (1) puppy; the applicant is allowed to have four adult dogs by -right. Upon seeking a dog license for her existing dogs, the applicant was notified that a Use Permit is required if more than four adult dogs are located on the property. Thus, the applicant is requesting this Use Permit. ■ Considerations: The applicant plans to breed the dogs twice per year. The applicant's dogs remain indoors much of the time. This is important since the property is adjacent to the Little Creek Reservoir. The property between the reservoir and the applicant's rear yard is wooded, predominately in a natural state. The "leaf litter" on the ground assists in filtering any stormwater runoff from this site. Staff is recommending a condition that all dog waste be picked up on a daily basis to aid in maintaining water quality for the reservoir. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, except where the animals are kept in soundproof, air-conditioned buildings. As the dogs are primarily indoors, the need for the kennel to be 100 feet from the property line is not necessary. The Planning Commission placed this item on the consent agenda because the proposal meets the requirements of Section 223 for this use, 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: Barbara Irving Page 2of2 1. No more than six (6) adult dogs (over six (6) months of age) shall be kept on the property at any time. 2. To protect the water quality of the adjacent Little Creek Reservoir, dog waste shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. ■ 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 • Ic ,�_ BARBARA IRVING Agenda Item 4 December 10, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for home occupation (residential dog kennel). ADDRESS / DESCRIPTION: 5568 Forest View Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14693614170000 BAYSIDE 0.36 acres The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST residential dog kennel with up to six (6) adult dogs. Specifically, the applicant breeds Shih Tzu which are a small breed and typically weigh eight (8) to 13 pounds. The applicant has four (4) adult dogs and one (1) puppy and plans to breed the dogs twice per year. Upon seeking a dog license for the animals, the applicant was notified that a Use Permit was required. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family dwelling / R-7.5 Residential District USE AND ZONING: South: • Single-family dwellings / R-7.5 Residential District East: . Little Creek Reservoir / P-1 Preservation District West: . Forestview Drive, single-family homes / R-7.5 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. The Little Creek CULTURAL FEATURES: Reservoir abuts the property to the east. There do not appear to be any cultural features on the property. BARBARA IRVING Agenda Item 4 Page 1 AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES TRAFFIC: The proposed use is not anticipated to generate traffic volumes beyond that of a typical residential use. WATER & SEWER: This site is already connected to both City water and sewer and City services are not impacted by the request. ENVIRONMENTAL HEALTH: This department does not have any objections to this use at the location. ANIMAL CONTROL: There have been no complaints or issues at this property related to the animals. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The request is acceptable to Staff subject to the conditions listed below. The applicant's dogs remain indoors much of the time. This is important as the property is adjacent to the Little Creek Reservoir. The property between the reservoir and the applicant's rear yard is wooded, predominately in a natural state. The leaf litter" on the ground assists in filtering any stormwater runoff from this site. Staff is recommending a condition that all dog waste be picked up on a daily basis to aid in maintaining water quality for the reservoir. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, except where the animals are kept in soundproof, air-conditioned buildings. As the dogs are primarily indoors, the need for the kennel to be 100 feet from the property line is not necessary. BARBARA IRVING Agenda Item 4 Page 2 CONDITIONS 1. No more than six (6) adult dogs (over six (6) months of age) shall be kept on the property at any time. 2. In an effort to protect the water quality of the adjacent Little Creek Reservoir, dog litter shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. 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. BARBARA IRVING Agenda Item 4 Page 3 w.--- 4RV1t�iG BARBARA item Page r THIS IS TO CERTIFY THAT ON .3f P!. l%j 1068 �1 {URYET[D THE /ROF[RTr SNOMN ON THIS PLAT AND THE TITLE LIN[! AND THE MALL$ OF THE BUILDINGS ARE !MOWN ON THIS PLAT THE BUILDINGS STAND STRICTLY WITHIN TIIE TITLE LINES AND THERE AR[ No ENCROACHMENTS OF OTHER BUILDINGS EXCEPT AS SHOWN ,OUB n/OR7N R- ZZs _ tOIN PlIv I/ o[oR F HOGSANO L E NO T$$` so I - I! --- 3 • CAD4/N 4,NA' ,"ENCS O./' CL44.4 I i .'�? 2 4 9 4•B OlIE NORTH (I R= 450' I FOREST pI V/EYY h. P/N DR. 1PEr" . PL 4 r A449 9P , o p/ V/RG/N,,4 BER Civ, ✓4 1, E P 00 £45t MC -Nr -, iht; AV4 BE.9G41, $14 A02 - )l-, Ate, wG ) SITE SURVEY BARBARA IRVING Agenda Item 4 Page 5 • p,oPlTtor-t� as N W • G.BS' N • 19.2 G5. ° 00 j' • jp ��, At ssL h Q A • n 0 Dceo i:p• �' � I i .'�? 2 4 9 4•B OlIE NORTH (I R= 450' I FOREST pI V/EYY h. P/N DR. 1PEr" . PL 4 r A449 9P , o p/ V/RG/N,,4 BER Civ, ✓4 1, E P 00 £45t MC -Nr -, iht; AV4 BE.9G41, $14 A02 - )l-, Ate, wG ) SITE SURVEY BARBARA IRVING Agenda Item 4 Page 5 No zoning History to Report ZONING HISTORY BARBARA IRVING Agenda Item 4 Page 6 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 entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is Nora 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 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 7/3/2007 BARBARA IRVING Agenda Item 4 Page 7 O V 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) ' "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. 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 hearin , nsible for obtaining and posting the required sign on the subject property at least 30 y the cheduled public hearing according to the instructions in this package. The dersia co ent to entry upon the subject property by employees of the Department of Pla in to ogra view the site for purposes of processing and evaluating this application. Ap n atu 6�,ca h •� u�.y,� MropertApmeks Signature (if cliff nt than applicant) Print Name —7T Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 BARBARA IRVING Agenda Item 4 Page 8 Item #4 Barbara Irving Conditional Use Permit 5568 Forestview Drive District 4 Bayside December 10, 2008 CONSENT Joseph Strange: The next matter is agenda item 4. An application of Barbara Irving for a Conditional Use Permit for a residential kennel on property located at 5568 Forestview Drive, District 4, Bayside, with three conditions. Janice Anderson: Welcome. Please state your name. Barbara Irving: Barbara Irving. Joseph Strange: Are the conditions acceptable? Barbara Irving: Yes. Joseph Strange: Okay. Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Dave Redmond to review this item. David Redmond, Thank you Mr. Strange. The applicant Barbara Irving requests a Conditional Use Permit to allow a residential dog kennel with up to six (6) adult dogs. Specifically, the applicant breeds Shih Tzus, which is a small breed and typically weigh eight (8) to thirteen (13) pounds. The applicant has four (4) adult dogs and one (1) puppy and plans to breed the dogs twice per year. However, upon seeking a dog license for the animals, the applicant became aware that a Use Permit was required. Staff recommends approval and the Commission concurs by consent. Joseph Strange: Thank you Dave. Chairman, I will make a motion to approve agenda item 4. Janice Anderson: A motion by Joe Strange. Barry Knight: Second. Janice Anderson: A second by Barry Knight. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE Item #4 Barbara Irving Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 4 for consent. BARTON HERITAGE CUP - Motor Vehicle Renta! Relevant Information: • Princess Anne District • The applicant requests a Conditional Use Permit to operate, primarily on a seasonal basis, a low speed, electric vehicle (LSV) rental business. • This business would cater to the weekly vacationers at Sandbridge, primarily during the summer, but also during winter as demand requires. • The vehicles will be brought into Sandbridge on trailers from the site at the beginning of the summer. If rented in advance of arrival to Virginia Beach, the LSV will be at the cottage upon arrival. • AICUZ is Less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0). • Consent Agenda. • No opposition. \Y Eyl j •Z) �`i�55555 ` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BARTON HERITAGE L.L.C., Conditional Use Permit (motor vehicle rentals — low speed vehicles), 665 Sandbridge Road. PRINCESS ANNE DISTRICT. MEETING DATE: January 27, 2009 ■ Background: The applicant requests a Conditional Use Permit to operate, on a seasonal basis, an electric low speed vehicle (LSV) rental business, which will be based on this property. The site has several existing buildings on it, one being a converted dwelling now used as a retail gift shop. The site is zoned B-2 Community Business. ■ Considerations: The application states that up to 30, six -seat, LSVs will be available for rent on a weekly basis. These vehicles are battery powered with a top speed of 25 miles per hour. The vehicles are legal on roads with a speed limit of 35 miles per hour or less. The LSV is equipped with seat belts and can only be operated by a licensed driver. No off-road use will be permitted. This business will cater to the weekly vacationers at Sandbridge, primarily during the summer, but also during winter as demand requires. The applicant will be marketing the vehicles as an environmentally sensitive means of traveling to parks, beaches, restaurants, and shops in Sandbridge. It should be noted that these vehicles are not permitted off-road and are subject to all laws that any motor vehicle must follow. The vehicles will be taken to Sandbridge on trailers from the subject site, 665 Sandbridge Road, at the beginning of the summer. If rented in advance of arrival to Virginia Beach, the LSV will be waiting at the cottage for the renter. In the event that all of the LSVs are not rented, the unrented vehicles will be distributed to vacationers in Sandbridge through promotional means. The vehicles will not leave the Sandbridge area until the end of September. No improvements to the site, other than some landscaping and painting of the existing office, are proposed with this request. This is important, as the site is located entirely within the 100 year floodplain. As no additional development is proposed, a variance to the Floodplain Ordinance is not required. There is no asphalt on the site, as the existing parking area is entirely graveled. The Barton Heritage, L.L.C. Page 2of4 applicant must submit a request for a waiver to keep the parking area gravel with the final site plan. It is recommended that the applicant, prior to final site plan submission, request a pre -submittal meeting, to be facilitated by the Development Services Center (DSC), to determine the specific requirements anticipated as necessary for submission. The plan submitted with the Use Permit application is not acceptable for that purpose. In order to ensure that renters of these vehicles understand the responsibility of operating a LSV in Virginia Beach, a condition of the Use Permit is recommended requiring a renter sign an Agreement acknowledging that all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use, licensure, permitted use areas (on roads less than 35 m.p.h., no off road), etc. A draft of the Agreement is included in the attached staff report. The Police Department has requested that a copy of the renter's valid, current driver's license be kept on file in the business office of the applicant as a means of validating that the operator(s) of the LSV does indeed have a driver's license. The Planning Commission placed this item on the consent agenda because the conditions listed below address the critical issues of screening and landscaping, signage, notification of rules of use, and other safety and ADA mandates, 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: 1. -A final site plan shall be submitted to the Development Services Center of the Planning Department that addresses applicable requirements of the Site Plan Ordinance and the conditions below. 2. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the parking lot/display area adjacent to Sandbridge Road. Landscaping for the winter storage area shall be installed along the length of the storage area, other than a path for ingress/egress. Landscape screening for the winter storage area may be large potted plants. All details of the landscaping shall be depicted on the final site plan. 3. The motor vehicle rental on this site shall be limited to no more than 30 low speed vehicles (LSV). 4. The LSV shall be parked only in areas designated as "Proposed Area for Static Display" and "Proposed Area for Winter Storage" as depicted on the plan entitled, "Barton Heritage, LLC, T/A Sandbridge Beach Buggies, Barton Heritage, L.L.C. Page 3 of 4 Application for Conditional Use Permit." Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 5. There shall be no display of any vehicles in the public right-of-way. Vehicles shall not be displayed on raised platforms anywhere on the site, nor shall any portion of the ground level of the site be raised for the purpose of increasing the height of a vehicle for display purposes. 6. There shall be no outside storage of parts or equipment. 7. There shall be no repair of any vehicles (beyond maintenance activity) on the premises. 8. Any exterior modifications, other than paint and roof work, to any of the existing buildings that will house the proposed office or other activities for this use, including awnings and signage, shall be submitted to the .Current Planning Division of the Department of Planning for approval prior to construction. 9. The proposed office structure shall be brought into compliance with the current edition of the Virginia Uniform Statewide Building Code for non- residential buildings. A Certificate of Occupancy shall be obtained for the proposed office and the parking lot, from the Building Official's Office, prior to issuance of the final occupancy and the issuance of the business license to operate the LSV rental business. 10. All renters of the LSV shall sign a "disclosure statement" that includes an acknowledgement that all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use, licensure, and permitted use areas (on roads less than 35 mph, no off road). Said disclosure shall also state that, just as with any other motor vehicle, failure to obey these laws and regulations will result in enforcement by the Police Department. A copy of the statement shall be submitted to the Planning Department during final site plan review for review by City Staff, including the Police Department, for comments. The language within the statement shall be approved by City Staff prior to the approval of the final site plan. 11.A copy of the renter's valid, current driver's license shall be kept on file in the business office of the applicant as a means of validating that the operator(s) of the LSV does indeed have a driver's license. 12. No off-road use shall be permitted on beaches or dunes or other environmentally sensitive areas or other areas restricted from motor vehicle use. Barton Heritage, L.L.C. Page 4 of 4 13. All signage on the site shall conform to all applicable Zoning Ordinance requirements. 14. The approval shall be granted for one (1) year at which time the Zoning Administrator shall confer with the Police Department to determine if the Conditional Use Permit should be administratively granted for an additional year. This review shall continue on a yearly basis to ensure that the LSV are not an inconvenience to the public or are an enforcement issue with the Police Department. ■ 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 .� . BARTON HERITAGE, L.L.C. Agenda Item 3 December 10, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for motor vehicle rental ADDRESS / DESCRIPTION: 665 Sandbridge Road Map N-12 Barton He CUP Votor GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24246036340000 PRINCESS ANNE 67,000 square feet The applicant requests a Conditional Use Permit to operate, SUMMARY OF REQUEST primarily on a seasonal basis, a low speed, electric vehicle (LSV) rental business. The application states that up to 30, six -seat, LSVs would be available for rent on a weekly basis. These vehicles are battery operated with a top speed of 25 miles per hour and are legal on roads with a speed limit of 35 miles per hour or less. The LSV is equipped with seat belts and can only be operated by a licensed driver. No off-road use will be permitted. This business would cater to the weekly vacationers at Sandbridge, primarily during the summer, but also during winter as demand requires. The applicant will be marketing the vehicles as an environmentally sensitive means of traveling to parks, beaches, restaurants, and shops in Sandbridge. It should be noted that these vehicles are not permitted off-road and are subject to all laws that any motor vehicle must follow. The vehicles will be brought into Sandbridge on trailers from 665 Sandbridge Road at the beginning of the summer. If rented in advance of arrival to Virginia Beach, the LSV will be at the cottage upon arrival. In the event that all of the LSVs are not rented, the unrented vehicles will be distributed to vacationers in Sandbridge through promotional means. The vehicles will not leave the Sandbridge area until the end of September. The rental office is proposed for an existing building at 665 Sandbridge Road, where the actual Conditional Use Permit is proposed. The applicant plans to upgrade the exterior of the building with paint and has explained that most transactions will actually occur outside, in the parking lot. BARTON HERITAGE Agenda Itefn 3 '. Page 1 The site layout depicts a 60 foot by 45 foot (60'x 45') display area along Sandbridge Road, as well as temporary landscaping, which will include potted palm trees. A renter stops at the office to pick up and drop off keys to the vehicle. A test drive in the parking lot is provided prior to renting. At the end of the rental period, the LSV is left at the rental cottage and the applicant's staff will move it to the next cottage. The LSVs will be stored during the winter behind the office in a 95 foot by 40 foot (95'x 40) paved area. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retail shop SURROUNDING LAND North: . Sandbridge Road, vacant woods / AG -2 Agricultural District USE AND ZONING: South: . Vacant woods / B-2 Community Business District, AG -1 Agricultural District East: . Sandbridge Road, vacant woods / B-2 Community Business District West: . Vacant woods / AG -1 Agricultural District NATURAL RESOURCE AND The property is within the Southern Watersheds Management Area and CULTURAL FEATURES: is entirely within the 100 year floodplain; however, as no new impervious surfaces are proposed, a variance to the Floodplain Ordinance is not required. 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): Sandbridge Road is considered a two (2) -lane minor suburban arterial in the vicinity of this site. This section of Sandbridge Road has a variable right-of-way width. It is not included in the MTP. There are no CIP projects scheduled for this segment of Sandbridge Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Sandbridge Road 7,556 ADT 13,600 ADT (Level of Existing Zoning —848 Service "C") —16,200 ADT ADT (Level of Service "E") Proposed Land Use 3— Weekday: 12 ADT Saturday: 60 ADT 'Average Daily Trips ' as defined by 67,000 square feet of B-2 zoning Sas defined by 3 employees and 30 LSVs WATER: This site currently connects to City water. There are two (2) existing 12 -inch City water lines in BARTON HERITAGE Agenda IWO 3 Page 2 Sandbridge Road. SEWER: City sanitary sewer service is not available. 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 area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agricultural and rural with uses related to farming, forestry, rural residential and other compatible uses. Commercial development in the Rural Area should be locally oriented retail, service, and community uses scaled to be compatible with the character of the rural landscape. Evaluation: No improvements to the site, other than some landscaping and painting of the existing office, are proposed with this request. This is important, as the site is located entirely within the 100 year floodplain. As no additional development is proposed, a variance to the Floodplain Ordinance is not required. The site has several existing buildings on it, one being a converted dwelling now used as a retail gift shop. There is no asphalt on the site, as the existing parking area is entirely gravel. A waiver to keep the parking area gravel must be submitted with the final site plan to the Development Services Center and is conditioned as such below. It is recommended that the applicant, prior to final site plan submission, request a pre -submittal meeting, to be facilitated by the Development Services Center (DSC), to determine the specific requirements anticipated as necessary for submission. The submitted plan is not acceptable for that purpose. The site and office must also comply with all Building Code requirements including handicap accessibility and safety issues. Required improvements to the site may include, but are not limited to, a paved handicap parking space, a hard surface path of travel between the parking lot and the office, and accessible bathrooms. The Building Official will make the ultimate determination as to the specific upgrades necessary to meet the applicable requirements. While the applicant requests that all landscaping be temporary, Staff recommends a condition that requires the installation of streetscape landscaping along Sandbridge Road. These vehicles are considered motor vehicles, and thus, they should be screened just as if they were automobiles. Potted plants are acceptable for screening the winter storage area, but not acceptable for the roadway landscape. In order to ensure that renters of these vehicles understand the responsibility of operating an LSV in Virginia Beach, Staff is recommending a condition requiring a renter sign a Disclosure Statement acknowledging that all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use, licensure, permitted use areas (on roads less than 35 m.p.h., no off road), etc. The Police Department has requested that a copy of the renter's valid, current driver's license be kept on file in the business office of the applicant as a means of validating that the operator(s) of the LSV does indeed have a driver's BARTON HERITAGE Agenda Item 3 Page 3 license. With the rigorous conditions listed below that address screening and landscaping, signage, notification of rules of use, and other safety and ADA mandates, the LSV rental operation is recommended for approval. CONDITIONS 1. A final site plan shall be submitted to the Development Services Center of the Planning Department that addresses applicable requirements of the Site Plan Ordinance and the conditions below. 2. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the parking lot/display area adjacent to Sandbridge Road. Landscaping for the winter storage area shall be installed along the length of the storage area, other than a path for ingress/egress. Landscape screening for the winter storage area may be large potted plants. All details of the landscaping shall be depicted on the final site plan. 3. The motor vehicle rental on this site shall be limited to no more than 30 low speed vehicles (LSV). 4. The LSV shall be parked only in areas designated as "Proposed Area for Static Display" and "Proposed Area for Winter Storage" as depicted on the plan entitled, "Barton Heritage, LLC, T/A Sandbridge Beach Buggies, Application for Conditional Use Permit." Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 5. There shall be no display of any vehicles in the public right-of-way. Vehicles shall not be displayed on raised platforms anywhere on the site, nor shall any portion of the ground level of the site be raised for the purpose of increasing the height of a vehicle for display purposes. 6. There shall be no outside storage of parts or equipment. 7. There shall be no repair of any vehicles (beyond maintenance activity) on the premises. 8. Any exterior modifications, other than paint and roof work, to any of the existing buildings that will house the proposed office or other activities for this use, including awnings and signage, shall be submitted to the Current Planning Division of the Department of Planning for approval prior to construction. 9. The proposed office structure shall be brought into compliance with the current edition of the Virginia Uniform Statewide Building Code for non-residential buildings. A Certificate of Occupancy shall be obtained for the proposed office and the parking lot, from the Building Official's Office, prior to issuance of the final occupancy and the issuance of the business license to operate the LSV rental business. 10. All renters of the LSV shall sign a "disclosure statement" that includes an acknowledgement that all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use, licensure, and permitted use areas (on roads less than 35 mph, no off road). Said disclosure shall also state that, just as with any other motor vehicle, failure to obey these laws and regulations will result in enforcement by BARTON HERITAGE Agenda Item 3 Page 4 the Police Department. A copy of the statement shall be submitted to the Planning Department during final site plan review for review by City Staff, including the Police Department, for comments. The language within the statement shall be approved by City Staff prior to the approval of the final site plan. 11. A copy of the renter's valid, current driver's license shall be kept on file in the business office of the applicant as a means of validating that the operator(s) of the LSV does indeed have a driver's license. 12. No off-road use shall be permitted on beaches or dunes or other environmentally sensitive areas or other areas restricted from motor vehicle use. 13. All signage on the site shall conform to all applicable Zoning Ordinance requirements. 14. The approval shall be granted for one (1) year at which time the Zoning Administrator shall confer with the Police Department to determine if the Conditional Use Permit should be administratively granted for an additional year. This review shall continue on a yearly basis to ensure that the LSV are not an inconvenience to the public or are an enforcement issue with the Police Department. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BARTON HERITAGE Agenda Itn 3 Page 5 m of: si*TF- LOCA AF -RI . . . . . . . . .. . ............................................ . . . . ........ ""' BARTON I-T#,GE Agenda item page 6 PROPOSPO SI -re PLAN HERITAGE 'TON �jFpj3 Agenda Its pat4e 7 1 02/27/01 Street Closure Granted 2 05/17/71 Change of Zoning AR to CI -2) Granted 3 04/14/70 Change of Zoning Granted ZONING HISTORY BARTON HERITAGE Agenda Item 3 Page 8 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) Rufrt 6609 4 ?AT +6Akrbd 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) \ ALt eft ?OOL SG�.d 1C � ES �� ) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 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. & 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 1/ 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 7/3/2007 BARTON HERITAGE Agenda Item 3 Page 9 z 0 c�3 a.. H W DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requesteroperty use,n-auding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessar-yj — I~ZICHOAD vittiT'r'►aeE PC NO ' 40.4'11T - U5 V sALi: s '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 (1) 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 some person own or manage the two entities; there are common or commingled funds or assets; the business entities shave 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 recelpt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the sub*d property at West 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. SAS )Dry Applicant' S n Print Name Z�i-Q '.'S' 4 Owner's Signature (If �Mmnt than applicant) Print Name Conditional Use Parmil Application Page 10 of 10 Revised 7rM007 BARTON HERITAAGE Agenda Item 3 Page10 Agreement # (office use) SANDBRIDGE BEACH BUGGIES **Not for Off -Road Use** Dear Vacationer, We are happy to enclose our Sandbridge Beach Buggies Rental Agreement and Reservation Form. Renting a 6 passenger electric vehicle for your Sandbridge vacation is a fun, economical and environmentally friendly way to move around the beach. Sandbridge Beach Buggies is owned and operated by three brothers whose family has maintained residency in Sandbridge since 1957. As the current generation of the family, we are investing in the community and working hard to preserve the beach that continues to give us so many happy memories. That said, in order for us to process your reservation and hold a LSV for you, we need the following; 1. Signed and initialed documents — all pages including this one 2. Your Credit Card details — You may call us with this information if you prefer 3. Details about your dates and your cottage rental 4. Acknowledgment that you have read and understood our cancellation policy (below) Upon acceptance of your reservation we will email you a confirmation with important details of your rental. Thank you for your business and we hope to see you and your family on the beach this summer! ******Important - Cancellation Policy****** In the event that your plans change, you may cancel your reservation up until the date we charge your CC (60 days prior to arrival). After that date no refund will be guaranteed. Sandbridge Beach Buggies will attempt to rent the vehicle and, if successful will refund the full amount less any difference in rental rate. We encourage the use of vacationers insurance to cover any potential loss. I have read and understood this cancellation policy. X Signature Agreement # (office use) LOW SPEED VEHICLE AGREEMENT In consideration for the rent of the low speed vehicle (LSV) provided by Barton Heritage LLC, trading as Sandbridge Beach Buggies, I, expressly agree to the following terms and conditions. 1. I acknowledge that I have been instructed in and am familiar with the operation and use of said low speed vehicle, have read and understand the "Low speed vehicle Information Sheet" and any other instructions provided to me regarding use and operation of the low speed vehicle and agree to operate the low speed vehicle in accordance with said instructions. If I have any questions or concerns about operation of the low speed vehicle, its safety or mechanical condition, I agree to promptly notify Sandbridge Beach Buggies at the following number: 757 777 7068. 1 agree to examine and inspect the safety and mechanical conditions of the LSV before each use and will promptly report any concerns or problems before driving the vehicle. 2. I .understand that operation of the low speed vehicle is subject to the same laws and regulations that pertain to operation of motor vehicles in the State of Virginia and agree that the low speed vehicle will be operated in accordance with these laws and the local laws of Virginia Beach, Virginia. This includes, but is not limited to, the requirement that anyone driving the low speed vehicle must hold a valid operators license and not be under the influence of alcohol and/or illegal drugs. I understand that I will be personally responsible for all moving and/or parking violations issued to myself or any other operators of the low speed vehicle during the time it is being leased to me or in my possession. I acknowledge and agree that only persons who are twenty one (21) years or older and possess a valid drivers license shall be permitted to drive the LSV. I further agree that the maximum occupancy of the low speed vehicle is six persons, including children. 3. 1 understand that Sandbridge Beach Buggies requires the operator to have appropriate insurance coverage for the LSV to cover any damages or injuries caused to the person or property of myself or others as a result of the operation of the low speed vehicle by myself or other permissive users, and that I am solely responsible for any claims which result therefrom. By signing this document I am representing that appropriate insurance coverage exists in this regard. X Initials E Agreement # (office use) 4. 1 will operate the low speed vehicle safely and responsibly, understand that I am legally and financially liable for all property damage or personal injury caused to myself, or to others as a result of my use and operation of the low speed vehicle. I understand that I am also responsible for any loss or damage caused to the low speed vehicle itself. I agree to promptly pay, indemnify and hold Sandbridge Beach Buggies harmless from any and all damages, claims or demands of any nature whatsoever that may arise from the use of the LSV during the time of my rental period and/or possession of the low speed vehicle, including, but not limited to, claims for personal injury, property damage, damage to the LSV itself, my person and property, and/or the persons and property of others. Should I default in performance of my obligations herein, I agree to be responsible for all costs incurred by Sandbridge Buggies in defending any such claims brought against them, enforcing the terms of this Agreement or seeking damages for its breach, including the payment of reasonable attorney's fees incurred by Sandbridge Beach Buggies in this regard, and interest from the date of breach at the rate of eight (8) per centum per annum. 5. 1 understand and agree that the low speed vehicle may not be operated on the beach or other off road use and that I am solely responsible for the costs of all repairs caused by breach of this condition. Should the low speed vehicle become inoperable through no fault of mine, Sandbridge Beach Buggies will take reasonable steps to have the vehicle repaired and if unable to do so, will provide a replacement vehicle or issue a refund towards the unused rent agreement at the sole discretion of Sandbridge Beach Buggies 6. In the event that I violate any of the conditions referenced above, I understand and agree that further use of the low speed vehicle may be revoked immediately and without notice and that Sandbridge Beach Buggies may repossess the low speed vehicle in their sole discretion. In such case, I understand that I shall not be entitled to any rent refund or deposit refund resulting from this revocation of privilege. X Signature X Print Name Drivers License# 3 Date State Agreement # (office use) LOW SPEED VEHICLE RENT & RESERVATION FORM Renter Name Address Email Address Home Phone# Cottage Address (Confirmation will be sent to this address) Cell Phone# Cottage Name TYPE OF LOW SPEED VEHICLE Electric 6 Passenger 4 Passenger N/A PAYMENT INFORMATION Rent Dates: / / till I I # Days Credit Card required for Reservation Credit Card Type: (Visa/MC) CC# Exp: / ZIP Auth# Your Credit Card number is required to hold your reservation. Your card will not be charged until 60 days prior to your arrival (same as your cottage rental agreement). Please see cover letter for cancellation policy. You will need to show the same CC as the one above at check in. Rental Amount: $400.00 Sales & Use Tax (10%): $40.00 Total Amount: $440.00 Renter Print: Date: Renter Signature: Date: ! / I understand that rental of the low speed vehicle is subject to the terms and conditions of the binding Low Speed Vehicle Agreement and I have read and understand same. X Initials 4 Item #3 Barton Heritage, L.L.C. Conditional Use Permit 665 Sandbridge Road District 7 Princess Anne December 10, 2008 CONSENT Janice Anderson: The next matters we will address on the agenda are those that we have placed on the consent agenda. Our Vice Chair Joe Strange will handle this portion for us. Thank you Joe! Joseph Strange: Thank you Madam Chair. This afternoon we have seven (7) items on the consent agenda. Or first matter is agenda item 3. This is an application of Barton Heritage, L.L.C. for a Conditional Use Permit for motor vehicle rentals - low speed vehicles on property located at 665 Sandbridge Road, District 7, Princess Anne, with 14 conditions. Janice Anderson: Welcome. Please state your name. Pat Barton: My name is Pat Barton and I represent Barton Heritage, L.L.C. Jopseh Strange: Are the conditions acceptable to you? Pat Barton: Yes sir. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? Janice Anderson: Thank you Mr. Barton. Pat Barton: Thank you. Joseph Strange: The Chairman has asked Barry Knight to review this item for us. Barry Knight: Barton Heritage, L.L.C. requests a Conditional Use Permit to operate primarily on a seasonal basis — a low speed electric rental business. We kind of know them as golf carts. I guess they are a little bit souped -up but the application states that up to 30, six -seat LSVs would be available to rent on weekly basis. These vehicles are battery operated with a top speed of 25 miles per hour and are legal on roads with a speed limit of 35 miles per hour or less. No off-road use will be permitted with these. This business would cater to the weekly vacationers at Sandbridge, primarily during the summer, but also during winter as demand requires. The applicant will be marketing the vehicles as an environmentally sensitive means of traveling to parks, beaches, restaurants, and shops in ( Sandbridge. It should be noted that these vehicles are again, not permitted off-road and are Item #3 Barton Heritage, L.L.C. Page 2 subject to all laws that any motor vehicle must follow. The vehicles will be brought to Sandbridge on trailers from 665 Sandbridge Road at the beginning of the summer. If rented in advance of arrival to Virginia Beach, the LSV will be at the cottage upon arrival. In any event that all of them are not rented, the unrented vehicles will be distributed to vacationers in Sandbridge through promotional means. The vehicles will not leave the Sandbridge area until the end of September. This rental office is proposed in an existing building at 665 Sandbridge Road, where the actual Conditional Use Permit is proposed. The applicant plans to upgrade the exterior of the building with paint and has explained that most transactions will occur in the parking lot. This is a land use on Sandbridge Road. We don't have any problem with it. The staff concurs. Since there is no opposition, we have placed it on the consent agenda. Joseph Strange: Thank you Barry. Chairman, I will make a motion to approve agenda item 3. Janice Anderson: A motion by Joe Strange. Barry Knight: Second. Janice Anderson: A second by Barry Knight. Ed Weeden: By a vote of 11-0, the Board has approved item 3 for consent. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 3 for consent. GATEWAY ENTERPRISES Relevant Information: • Princess Anne District • The applicant proposes to rezone the existing site, zoned AG -1 and AG -2 Agricultural District, to 0-2 Office District for the purpose of developing a two building office complex. • This property is to be developed in conjunction with the Conditional Rezoning of the Princessboro property to the north and east. • That rezoning will provide a loop road from which this property will have access instead of having a direct access from Princess Anne Road. • AICUZ is 65 — 70. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (10-0). • Consent Agenda. • No opposition. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GATEWAY ENTERPRISES, L.L.C., Change of Zoning District Classification, AG -2 Agricultural District to Conditional 0-2 Office District, 2084 Princess Anne Road. PRINCESS ANNE DISTRICT. MEETING DATE: January 27, 2009 ■ Background: The applicant proposes to rezone the existing 2.9 acre site, zoned AG -1 and AG - 2 Agricultural Districts, to 0-2 Office District for the purpose of developing a two building office complex. This property will be developed in conjunction with another property to the north and east, which is proposed for a Conditional Rezoning to Office and Business under a separate application (Princessboro Development). ■ Considerations: The proposed development consists of two office buildings with associated parking built in a phased approach. Since this is a corner lot the structures have been placed perpendicular to one another which provided better views of the buildings from both streets. This layout also moves the two buildings closer to the streets while separating the parking to avoid a sea of asphalt. The first phase office building faces Princess Anne Road with parking located behind a 75 foot wide landscaped buffer. The second phase building sits perpendicular to the initial building creating an L -shape. To accommodate the Phase II office building, additional parking will be provided behind the Phase I building. Access to the site is provided from a connector road being constructed with the Princessboro development, which will run between Princess Anne Road and Sandbridge Road. This road will also be connected to the existing retail center to the north and the future Munden Farms residential development to the south. This proposed office development is consistent with the recommendations of the Comprehensive Plan. This neighborhood office proposal, located in close proximity to a proposed residential development (Munden Farms to the south) and one under construction (Sherwood Lakes to west), offers an opportunity to walk or ride a bicycle to these services in lieu of driving. The applicant designed the site to provide a large landscape buffer with a multi -use path along Princess Anne Road that will connect to the future residential development to the south. be built with another forthcoming proposal. This revision keeps the landscape buffer and trail clear of = a potential conflict along Princess Anne road. Since this is a corner lot the structures have been placed perpendicular to one another which provided better views of the buildings from both streets. This layout also moves the two buildings closer to the streets while separating the parking to avoid a sea of asphalt. 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 entitled "PRELIMINARY SITE PLAN OFFICE OF MICHAEL L. KAHAN, DDS, HILLS CORNER, PRINCESS ANNE ROAD" dated June 30, 2008, prepared by Cox, Kliewer & Company, P.C., 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 "Conceptual Site Plan"). PROFFER 2: When the Property is developed, the office building designated "Phase 112,880 SF" on the Conceptual Site Plan shall have the architectural design and features substantially as depicted on the exhibit entitled "FRONT ELEVATION, OFFICES OF MICHAEL L. KAHAN, DDS HILLS CORNER, PRICNESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA", dated June 30, 2008, 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 "Elevation"). The primary exterior building surface shall be EIFS, glass and architectural shingles as depicted on the elevation. PROFFER 3: When the office building designated "PHASE II, 2 STORIES — 20,000 SF..." on the conceptual Site Plan is developed, it shall utilize substantially the same high quality architectural design and features, as well as exterior building materials, as those depicted on the Elevation. An elevation for the office building designated "PHASE I, 2 STORIES — 20,000 SF..." shall be submitted to the Director of the Virginia Beach Department of Planning or his designee, for review and approval, prior to issuance of a building permit for that building. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2008, and found it to be legally sufficient and in acceptable legal form. GATEWAY ENTERPRISES, :LLC Agenda Item_ 19 Page 4 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. GATEWAY ENTERPRISES, I.LC Agenda Item 19 Page 5 La RIA� of: sl �� CATloN AL i Y ��STEF�pFtISE�, ��� GATE�NA Agenda It 9e �Q Y'v 7 O 1••' 11 i� 11 11 •� 66 N �DW � l�Z2h 0 4 O N • i9 i0 S Z !Y # L iOL VO- uj o, o - N J SEp grTE PLp`� pRppO TE'��R1SE . GXTEWAY EN "Agenda rpage Wi UJ r LL - 0 Lu u C) PROPOSED BUILDING ELEVATION GATEWAY ENTERPRISES, LLC Agenda Item 19 Page 8 •l: 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) Gateway Enterprises, LLC, a Virginia limited liability company: Michael L. Kahan, D.D.S., 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) Shep Smith, Inc.: Kent A. Mote, President; Sharon H. Mote, Vice PresidenUSecretaryrTreasurer; Mary A. Menzer, Director 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. & ` See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revisetl 9/1f2d04 GATEWAY ENTERPRISES,,�LC Agenda Item 19 PaO 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURE$ 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) Cox, Kliewer S Co. Sykes, Bourdon, Ahem & Levy, P.C. Global Real Estate Investment, Inc. The Katsias Company ' '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 •AtRiated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when () one business entity has a controlling ownership Interest in the other business entity, (i) a controlling owner in one entity is also a controlling owner in the other entity, or QN) 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 dose working relationship between the entities.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon reoeipt 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. Gateway By:�Michael L. Kahan, DDS. Sore k4ember ApplicarO Signature Print � Shep Smith, Inc. By: Kent A. Mote, President Property Owners SignaWre (lir dist than applicant) Print Name Cmd oral Rwa tp ANWastioa Paps 12 of 12 GATEWAY ENTERPRISES, LLC Agenda Item 19 Pace 11 E:�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) Cox, Kliewer & Co. Sykes, Bourdon, Ahem & Levy, P.C. Global Real Estate Investment, Inc. The Katsias Company ' "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. Gateway Enterprises, LLC By: Michael L. Kahan, DDS, Sole Member Applicant's Signature Print Name Shp Smi Inc By: Kent A. Mote, President Prop rty Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 GATEWAY ENTERPRISES, SLC Agenda IterO 19 Page' 12 Item #19 Gateway Enterprises, L.L.C. Change of Zoning District Classification 2084 Princess Anne Road District 7 Princess Anne November 12, 2008 CONSENT Joseph Strange: The next item is item 19. An application of Gateway Enterprises, L.L.C. for a Change of Zoning District Classification from AG -2 Agricultural District to Conditional 0- 2 Office District on property located at 2084 Princess Anne Road, District 7, Princess Anne. Eddie Bourdon: Thank you Mr. Vice Chair. Again, for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant on this Conditional proffered rezoning. We, again appreciate all the work with Karen Prochilo and staff on this request. We appreciate being on the consent agenda.. I want to be clear that the Princessboro application which you deferred until December, when that comes forward this will be brought to City Council with that application, so they won't be folded together. We appreciate this being put through. Joseph Strange: Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Barry Knight to review this item. Eddie Bourdon: Thank you. Barry Knight: The applicant Gateway Enterprises, L.L.C. proposes to rezone an existing site which is currently AG -1 & AG -2 to 0-2 Office District for the purpose of development a two -building office complex. The property is to be developed in conjunction with another conditional rezoning which will happen next month at Planning Commission to the north and east of the office retail. The other rezoning will provide a loop road from which this property will have access instead of having direct access from Princess Anne Road. What it is, is you enter in behind the Bloom Store by the Rainbow Station so were eliminating direct access from Princess Anne Road, which we like. We also have, (if you can put up the pictures of the building up there), the design which is going to be somewhat of a transition from the shopping center on the north to what has been rezoned to single-family houses on the south. So, it looks like it is in keeping with that transition plus with the other rezoning (Princessboro) that is coming up, it is going to eliminate a curb cut, if you will on Princess Anne Road. It doesn't have any opposition and we have placed it on the consent agenda. We think it is a proper land use. Joseph Strange: Thank you Barry. Madam Chairman, I make a motion to approve agenda item 19. Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree. Item #19 Gateway Enterprises, L.L.C. Page 2 AYE 10 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 1 Ed Weeden: By a vote of 10-0, the Board has approved item 19. ABSENT In Reply Refer To Our File No. DF -7215 TO FROM RE: Leslie L..ley B. Kay Wilsop CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 15, 2009 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Gateway Enterprises, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 27, 2009. 1 have reviewed the subject proffer agreement, dated June 30, 2008 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/bm Enclosure cc: Kathlee Hassen GATEWAY ENTERPRISES, LLC., a Virginia limited liability company SHEP SMITH, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of dune, 2oo8, by and between GATEWAY ENTERPRISES, LLC, a Virginia limited liability company, party of the first part, Grantor; SHEP SMITH, INC., a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing 2.9 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG -2 Agricultural District to Conditional 0-2 Office 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 competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions 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 Grantor's rezoning application gives rise; and PREPARED BY: SWES. po[pjnON. 11 GPIN: 2414-11-9705 AIIM & LEVY. P.0 PREPARED BY: SYKES. $OURDON. AHERN & LEVY. P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the 0-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its 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.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 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 and assigns, grantees, and other successors in interest or title: i. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN OFFICES OF MICHAEL L. KAHAN, DDS, HILLS CORNER, PRINCESS ANNE ROAD", dated June 30, 2008, prepared by Cox, Kliewer & Company, P.C., 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 "Conceptual Site Plan"). 2. When the Property is developed, the office building designated "PHASE I, 12,88o SF" on the Conceptual Site Plan shall have the architectural design and features substantially as depicted on the exhibit entitled "FRONT ELEVATION, OFFICES OF MICHAEL L. KAHAN, DDS HILLS CORNER, PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA", dated June 30, 2oo8, 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 "Elevation"). The primary exterior building surface shall be EIFS, glass and architectural shingles as depicted on the Elevation. 3. When the office building designated "PHASE II, 2 STORIES - 20,000 SF..." on the Conceptual Site Plan is developed, it shall utilize substantially the same high quality 2 PREPARED BY: SYK£S. $OURDON. AHERN & LEVY. P.C. architectural design and features, as well as exterior building materials, as those depicted on the Elevation. An elevation for the office building designated "PHASE II, 2 STORIES — 20,000 SF ..." shall be submitted to the Director of the Virginia Beach Department of Planning or his designee, for review and approval, prior to issuance of a building permit for that building. 4. 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 AG -2 and 0-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the 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, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, 3 PREPARED BY: SUES. BOURDON, AHERN & LEVY, P.C. 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. 4 WITNESS the following signature and seal: Grantor: Gateway Enterprises, LLC, a Virginia limited liability company By: 1` (SEAL) Michael L. Kahan, D.D.S., Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this ist day of July, 2oo8, by Michael L. Kahan, D.D.S., Managing Member of Gateway Enterprises, LLC., a Virginia limited liability company, Grantor. , Notary Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SYKES. $OURDON. AHERN & LEVY, P.0 5 WITNESS the following signature and seal: Grantor: Shep Smith, Inc., a Virginia corporation By: �r (SEAL) Kent A. Mote, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this ist day of August, 2008, by Kent A. Mote, President of Shep Smith, Inc., a Virginia corporation, Grantor. 9 ' Notary Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY. SYKES, BOURDON. ARERN & LEVY. P.0 Rl EXHIBIT "A' ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate, lying and being in the princess Anne Borough of the City of Virginia Beach, Virginia, known, numbered and designated as 2.912 ACRES, on that certain plat of survey entitled "Subdivision of a Portion of Parcel C, Plat of Property of Ida V. James Heirs for David E. Kellam, Princess Anne Borough, Virginia Beach, Virginia", dated May, 1975, and made by Marsh and Basgier, Inc., P.C. Engineers, Surveyors, Planners, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 11o, at Page 19, reference to which plat is hereby made for a more particular description of said property. GPIN: 2414-11-9705 ConditionalRezone/GatewayEnterpriseds/Proffer PREPARED BY: SYK£S, BOURDON, AHERN & LEW P,C 7 J1 41A�1;01*14 VIP ToR /�!/�� 41,I �'���,�/��./ �r���N>�f �y�`�j���'��% r��'-r ���is .C�1r�1/!.J.0�l'i.✓f�`�Cu%JC(:,;'��1�4`J3�•%����t'���/j%l,�l�fI,��`i��`ir✓�r17:�•��i=%.�i�by��Lj J Am I ll ;*14, • ,l 40 6 , I I loop al I o0o, ♦,4 41111 11 11 -.1,11i 1 �,-..��.�.�•,��� Lam, �/..� �-�/%"� 41414141 110 z ,, f4 Oft f 6; mincirip twain I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESSBORO COMPANY, INC., Change of Zoning District Classification, AGA Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District. East side of Princess Anne Road, approximately 600 feet south of Sandbridge Road (GPINs 2414213872; 2414315138 — part of). PRINCESS ANNE DISTRICT. MEETING DATE: January 27, 2009 ■ Background: The applicant proposes to rezone to Conditional 0-2 Office District and B-2 Community Business District 23.122 acres of a larger 46.728 -acre parcel currently zoned AG -1 and AG -2 Agricultural Districts. The parcels are between the existing retail center at the intersection of Princess Anne and Sandbridge Roads to the north and the future Munden Farms single-family residential development to the south. The Comprehensive Plan designates this site as part of the Transition Area. The Plan states that commercial developments within the Transition Area should be scaled to accommodate local neighborhood needs and incorporate pedestrian friendly design techniques. Further, franchise stores, restaurants and other establishments should not employ their standard trademark architecture, but should make reasonable adjustments to conform to the community's design characteristics. Commercial buildings should be generally oriented toward the front of the lot within a well landscaped green area while locating the parking and loading areas to the rear of the lot (pp. 148-149). ■ Considerations: The applicant proposes a business and office park for the site. The design has proposed retail uses located adjacent to the existing retail to the north and lower intensity office uses closest to the future residential development to the south. The office and retail areas are separated by an internal connector road that connects Princess Anne Road with Sandbridge Road. This roadway will tie into the future connection of the Munden Farms residential development as well as connect into the existing retail area with stub roads. The applicant's conceptual site layout does not show actual building placements or parking areas of individual lots within the proposed development. The buildings and parking areas will be situated on the site to promote pedestrian Princessboro Company, Inc. Page 2of2 movement from business to business instead of vehicular movement in the form of moving from one parking space to another to get from one business to another. Access between parking areas on separate lots through use of shared - access easements will be required. Open space areas are to be included as part of the development, particularly in conjunction with an open space area on adjacent property. Specific site plans and architectural elevations were not provided for each proposed site. Instead, photographs of prototypical architectural styles and signs have been provided to indicate the intended styles. These will serve as a 'pattern book' for the development. This proposed development is consistent with the recommendations of the Comprehensive Plan. The development, located in close proximity to a proposed residential development (Munden Farms to the south) and one under construction (Sherwood Lakes to west), offers an opportunity to walk or ride a bicycle to these services in lieu of driving. In sum, the proposal is well -integrated with surrounding existing and future land uses, providing a high-quality development that will serve as a desirable land use transition between the commercial uses to the north and the low-density residential development to the south. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 with 1 abstention to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage,,;::: anage . k �� PRINCESSBORO DEVLOPMENT CO. INC. Agenda Item 14 December 10, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Zoning Change loon AG -1 and AG -2 to 9-2 Change of Zoning District Classification from AG -1 and AG -2 Agricultural Districts to Conditional 0-2 Office District and Conditional B-2 Community Business District ADDRESS / DESCRIPTION: Property located behind the property at the southeast corner side of Princess Anne Road and Sandbridge Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24142138720000 portion of PRINCESS ANNE Total site: 46.728 acres 24143151380000 portion of Portion to be rezoned: 23.122 acres SUMMARY OF REQUEST The applicant proposes to rezone a portion of existing agriculturally zoned properties to 0-2 Office District and Conditional B-2 Community Business District for a mix use of office and retail. The parcels are between the retail center at the intersection of Princess Anne and Sandbridge Roads to the north and the future Munden Farms single-family residential development to the south. The site was designed with the retail uses adjacent to the existing retail to the north and the lower intensity office uses closest to the future residential development to the south. These two uses are bisected by an internal loop road that connects Princess Anne Road with Sandbridge Road. This roadway will also tie into a future connection of the Munden Farms residential development as well as connect into the existing retail to the north. Specific site plans and architectural elevations were not provided for each proposed site, but photographs of prototypical architectural styles and signs were provided to give the intent of the project. PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site in cultivation SURROUNDING LAND North: . Retail center USE AND ZONING: . Child care education center / B-2 Community Business District Generated Traffic & AG -2 Agricultural District South: . Proposed single-family development / R-10 Residential District 11,300 ADT T & P-1 Preservation District East: . Undeveloped farm land & single-family development under Road construction / AG -2 Agricultural District & R-20 Residential Service "C" District West: . Across Princess Anne Road is undeveloped land / AG -2 Agricultural District NATURAL RESOURCE AND The majority of the site is farm field. There is a small cemetery with a 10 - CULTURAL FEATURES: foot wide private ingress -egress easement from Princess Anne Road Service "D" - Capacity that will remain. AICUZ: The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Sandbridge Road The proposed use is compatible within this AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road and Sandbridge Road are currently two-lane minor suburban arterial roadways. The intersection of Princess Anne Road/Sandbridge Road/Upton Drive is part of the Princess Anne Road Phase VII (CIP 2-195) roadway improvements project and is planned to be widened to provide additional capacity through the intersection. This project has been delayed due to funding issues and is now scheduled for construction in the 2013 -2015 time period. A buffer in accordance with the Master Transportation Plan should be provided. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 11,300 ADT T 13,600 ADT Level of Existing Land Use — Road (2007) Service "C" 100 ADT 15,000 ADT' Level of Proposed Land Use 3— Service "D" - Capacity 4,700 ADT Proposed Land Use 4— Sandbridge Road 10,100 ADT 13,600 ADT Level of (2007) Service "C" 7,824 ADT 15,000 ADT' Level of Service "D" - Capacity 'Average Daily Trips ' as defined by agricultural land (AG-1/AG-2) weekday 3 as defined by office and retail uses developer assumptions weekday 4 a defined by office and retail uses city planning weekday PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 2 Traffic Engineering has reviewed the Traffic Impact Study (TIS) dated October 2008 for the Sandbridge Marketplace development and has the following comments: The TIS does not include the traffic impacts of the proposed Gateway office development that is proposed on the southeast side of the development. This office development will generate 565 weekday trips and will have its sole access point on the proposed loop road. Thus, the TIS must be revised to include the Gateway office development. The TIS includes an assumption that the square footage of retail and office space would be developed at a rate of 5,000 SF per acre. Traffic Engineering believes that this assumption is significantly lower than what can be developed per acre for the office land use. Based on City of Virginia Beach Planning Department Trip Generation worksheets, the 9.6 acres of proposed office parcels will generate four times the amount of office space included in the TIS. Based on the higher rate of development for the office land use, Traffic Engineering is estimating that the Sandbridge Marketplace will generate a total of 7,800 trips per day, compared to the 4,700 total trips per day included in the TIS. This difference is significant and must be addressed by the Developer's Engineer. The TIS does not include the effects of the proposed connection from the Sandbridge Marketplace development to the proposed Munden Farms subdivision. Some traffic distribution must be through the Sandbridge Marketplace loop road to and from Munden Farms. Minor technical comments regarding the traffic analysis presented in the TIS also need to be addressed and given to the Developer's Engineer. The Conclusions of the TIS for the Sandbridge Marketplace state that the intersection of Princess Anne Road/Sandbridge Road/Upton Drive is currently operating under capacity and the proposed development will not significantly affect the delay at the intersection. Thus no improvements were proposed for the intersection. Traffic Engineering concurs with that conclusion and feels that even with the additional office generated traffic that needs to be added to the TIS, this intersection will operate at acceptable levels of service during the peak hours. However, because of the magnitude of the trip generation difference for the office parcels, Traffic Engineering will reserve final opinion on the impacts of the Sandbridge Marketplace development on the intersection until after the TIS is revised. The TIS states that left turn lanes will be required at both the Sandbridge Road and Princess Anne Road intersections with the proposed loop road and that a right turn lane will be required only on Princess Anne Road. Traffic Engineering believes that a right turn lane will also be required at the Sandbridge Road intersection after the traffic volumes are increased in the revised TIS. Traffic Engineering concurs with the recommendation to provide left and right turn lanes on the loop road at both the Princess Anne Road and Sandbridge Road intersections. The TIS did not disucss the cross section for the loop road other than the lane configuration at the intersections with Princess Anne Road and Sandbridge Road. Traffic Engineering assumes that the Public Works typical section associated with a 60 RNV section will be provided, but the typical section of the loop road must be clearly included in the proffers for this development. Finally, the TIS concludes that while the intersection of the Sandbridge Marketplace loop road at Princess Anne Road will show an unacceptable level of service as an unsignalized intersection in 2013, a traffic signal is not warranted based on the trip generation presented in the TIS. Traffic Engineering will require that the traffic signal warrant analysis be revised to show increased trip generation from the office parcels and to PRINCESSBORO DEVELOPMENT CO. INC. Agenda Iter l 14 Page 3 include the proposed Gateway office development which will contribute to the traffic at this proposed intersection. Given that a traffic signal could be warranted, Traffic Engineering will require the Developer to post a traffic signal bond to cover the entire cost of a traffic signal for this intersection ($175,000). WATER: City water does not front all the proposed parcels, but it may be extended for connection purposes provided hydraulic analysis supports the potential demand. Separately platted parcels must connect directly to City water. There is a 10 -inch City water line in Princess Anne Road. There is a 10 -inch City water main in Sandbridge Road. SEWER: City sanitary sewer is not available to the site (development) as proposed. Plans and bonds are required for construction extension of sanitary sewer system. Site is not within an existing pump station service area. Provide pump station analysis for potential receiving pump station. The Munden Farms (proposed residential to south) Master Sanitary Sewer Pump Station Plan (DSC File: K12-629) has not been approved. A 12 -inch sanitary sewer force main may be available in the future with construction of Sherwood Lakes subdivision (DSC File: K13-634). City Sanitary sewer does not front this site. STORMWATER: The existing BMP does not appear to be large enough to support the proposed development. Adequate stormwater will be shown on engineered plans for DSC review. FIRE: No Fire Department comments at this time. VIRGINIA DOMINION POWER: A double circuit pole line runs parallel to the property along the east side of Princess Anne Road. Any relocation of that line would be at the owner's expense. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with a revision to the Trafic Impact Study as requested by Traffic Engineering. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan states that commercial developments within the Transition Area should be scaled to accommodate local neighborhood needs and incorporate pedestrian friendly design techniques. Further, franchise stores, restaurants and other establishments should not employ their standard trademark architecture, but should make reasonable adjustments to conform to the community's design characteristics. Commercial buildings should be generally oriented toward the front of the lot within a well landscaped green area while locating the parking and loading areas to the rear of the lot (pp. 148-149). The Comprehensive Plan notes that direct access from Princess Anne Road to new development sites adjacent to the road is discouraged (p. 153). Access should be coordinated with or provided from the secondary street system or by cross -parcel access ways whenever possible. Pedestrian pathways should be located within a landscaped or natural area as described in the Existing Natural Features section (p. 154). PRINCESSBORO DEVELOPMENT CO..Wc. Agenda Item 14 Page 4 Parking arrangements in the Transition Area should not be dominant in nature. Parking areas should be located toward the rear of the site while locating buildings toward the front. Landscaping for the parking area should be strategically located to provide visual relief, shading of the lot, green areas, and screening while insuring that lines -of -sight are maintained (p. 154). Evaluation: The applicant proposes a business and office park between the retail center at the intersection of Princess Anne and Sandbridge Roads to the north and the future Munden Farms single-family residential development to the south. The design has proposed retail uses adjacent to the existing retail and lower intensity office uses closest to the residential development. These two use areas are bisected by an internal loop road that connects Princess Anne Road with Sandbridge Road. This proposal will tie into the future connection of the Munden Farms residential development as well as connect into the existing retail with stub roads. The applicant's conceptual site layout does not show actual building placements or parking areas of individual lots within the proposed development. The buildings and parking areas will be situated on the site to promote pedestrian movement from business to business instead of vehicular movement in the form of moving from one parking space to another to get from one business to another. Access between parking areas on separate lots through use of shared -access easements will be required. Open space areas are to be included as part of the development, particularly in conjunction with an open space area on adjacent property. Specific site plans and architectural elevations were not provided for each proposed site, but photographs of prototypical architectural styles and signs have been provided to indicate the intended styles. Staff recommends approval of this request with revisions to the Traffic Impact Study per the City of Virginia Beach Public Works Traffic Engineering request. 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 entitled "CONCEPT PLAN OF PRINCESSBORO DEVLOPMENT SANDBRIDGE" dated 10/08/08, prepared by Hoggard —Eure Associates, P.C., 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 "Conceptual Site Plan"). PROFFER 2: When those portions of the Property zoned B-2 Commercial are developed they shall be in accordance with the restrictions and requirements of the B-2 zoning district as specified in Article 9 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia at the time of development. In addition to those standards which are mandatory, all development, except that which can only take place upon the approval of a Conditional Use Permit by Virginia Beach City Council shall also adhere to the following provisions of Article II, Subsection D "DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING CENTERS" of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia: PRINCESSBORO DEVELOPMENT CO. INC. Agenda Itert`t 14 Page 5 A. Section 245(all applicable subsections); B. Section 246(d)(5); C. Section 246(e)(1). PROFFER 3: When any of the Property is developed, the architectural features, building materials and the quality level of the buildings constructed shall be comparable to the quality levels depicted in the renderings entitled "BUILDING TYPES — PHOTOGRAPHS & RENDERINGS, SANDBRIDGE MARKETPLACE, October 25, 2008" ("Commercial Rendering" and "Office Rendering"), which have been exhibited to the City Council and are on file in the Department of Planning. Deviations from the Renderings are anticipated and may be allowed provided that the quality levels are the same or higher than depicted in the rendering. The renderings are demonstrative of the quality intended by the Grantor. PROFFER 4: When any of the Property is developed, all freestanding signage shall be no greater than six feet (6) in height, shall not be internally illuminated and shall be of substantially similar design and quality as those depicted on the pictorial renderings entitled "FREESTANDING SIGN OPTIONS "A", "B" and "C" SANDBRIDGE MARKETPLACE, October 25, 2008" ("Freestanding Sign Rendering"), which have been exhibited to the City Council and are on file in the Department of Planning. PROFFER 5: When any of the Property is developed, a ten foot (10') wide Category IV Landscaping Buffer will be provided and planted in accordance with the City's "Landscape Screening and Buffering Specifications and Standards" adjacent to the southern property line. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated November 4, 2008, 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. PRINCESSBORO DEVELOPMENT CO. INC. Agenda Itecrt 14 Page 6 AERIAL OF SITE LOCATION PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 7 300186GNVS lWhdOIIAM OS liOSSMNIHdFl NVId 143:NQ-� PROPOSED SITE PLAN PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 8 Na v"R< PROPOSED SITE PLAN PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 8 PROPOSED SITE PLAN (ENLARGED) PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 9 F, PROPOSED SITE PLAN (ENLARGED) PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 9 IYF CAL SEC lJOIN B MJJI-PuRP,2S� ii�"AL iiPiLAi jL"ll"......N A -A Fir 60' R/V� ..... SITE PLAN DETAILS PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 10 Building Types/Photographs & Renderings SANDBRIDGE MARKETPLACE October25,2008 Building Types/Photographs & Renderings SANOBRIOGE MARKETPLACE October 25, 2008 PROTOTYPICAL DESIGN ELEMENTS TO BE USED PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 11 Building Types/Photographs & Renderings SANDBRIDGE MARKETPLACE October 25, 2008 SANDBRIDGE MARKETPLACE October 25, 2DI8 The simple design of this building combines both the rural and more traditional styles found in the area. PROTOTYPICAL DESIGN ELEMENTS TO BE USED PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 12 Building Types/Photographs & Renderings SANDBRIOGE MARKETPLACE October 25, ZOOS Building Types/Photographs & Renderings SAMOBRIDGE MARKETPLACE October 25, 2008 PROTOTYPICAL DESIGN ELEMENTS TO BE USED PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 13 FRUSTANDING SIGN OPIWN,S S&NDBRIMF Ma,ketplacp October 25, 20,18 FREESTANDING SIGN OPTIONS SANDEIRIDGE Marketplace October 25,2(m PROTOTYPICAL SIGNS TO BE USED 'PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 14 P RE ESTANDING SIGN OPTIONS SANDBRIDGE h--tarketptace October 25, 2008 PROTOTYPICAL SIGNS TO BE USED PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 15 j 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) Princessboro Development Company, Inc.: C. Michael Fisher, President; Elwood Parker, Vice President; David E. Kellam, Treasurer; Catherine F. Kellam, 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 Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 17 FE-----:::: 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, Ahern & Levy, P.C. Hoggard/Eure Associates, 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. Princessboro Deyelopmen Company, Inc. By; e--7'44 �� / � C. Michael Fisher, President Applicant's Sign lure Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 PRINCESSBORO DEVELOPMENT CO. INC. Agenda Item 14 Page 18 Item #14 Princessboro Company, Inc. Change of Zoning District Classification East side of Princess Anne Road District 7 Princess Anne December 10, 2008 REGULAR Donald Horsley: The next item is item 14, Princessboro Company, Inc. An application of Princessboro Company, Inc. for a Change of Zoning District Classification from AG -1 Agricultural District to Conditional 0-2 Office District and B-2 Community Business District on property located on the east side of Princess Anne Road, approximately 600 feet south of Sandbridge Road, District 7, Princess Anne. Mr. Bourdon? You heard our comments this morning? Eddie Bourdon: Thank you Mr. Horsley. I did and I will do my loving best to be brief. The property, as you are all aware, is a portion of a larger piece of property that really has good sand under it. Some of us have been around along time. We tried to do a borrow pit a couple of years ago. It didn't fly too well. Anyway, the key here behind this existing shopping center, we're trying to create an appropriate transition, innovative transitional area, where the Sandbridge Road is the northern boundary. The Munden Farm property which will be developing in the near future is Transition Area, residential development with significant open space buffers between that property and ours. This doesn't show it particularly well (pointing to PowerPoint) but it is absolutely there. The key is that we're trying to do a mixed use transitional development. What we're definitely not trying to do is a strip center. I heard what you stated this morning but when you're dealing with a situation where you're doing a strip center, we would be able to give you elevations all day long but we're actually trying to do here is create something a little less intense, a little more attractive but when you're doing individual developments, there is no way we can give you exactly what every one of the buildings is going to look like. We've got the commercial adjacent to the existing commercial in the inner loop, if you will. One of the main points here is transportation connectivity both by vehicular and pedestrian. So, we got the loop road here going between Princess Anne Road and Sandbridge Road, and all of us in the course of doing these a long time recognize a lot of intersections, major intersections, which we had these opportunity to create this loop type of road. Here it is being created by this developer to create ideal connectivity, also to break the.commercial to the less intense office followed by the open space, and then the low density residential. We've got a 50 foot buffer all along Princess Anne Road. There is no buffer on the existing shopping center. It is some basic landscaping. This will be a 50 foot buffer plus the additional right-of-way provided. As you recall, after the loop road on the Gateway Property, which is waiting for this to go to City Council, we got a 75 foot buffer, and then as we move over up to Munden, we're up to the full 100, so we're transitioning into a full buffer for the Transition Area that exists some where making that appropriate transition. The road will add sidewalks, cross -walks and all pedestrian connectivity. One of the things that we probably should have done and we will Item #14 Princessboro Company, Inc. Page 2 actually do, and I've talked to Mr. Eure, who's firm is the engineers on this, before City Council, we'll actually give a cross section of the roadway, and will colorize this so everyone can see what were talking about and how we got connectivity, sidewalks, the cross -walks, landscaping along the road. That is basically it. We agreed to the guidelines being mandatory. Not just guidelines, which we proffered, and we gave you some ideas as to what the buildings will look like. Obviously, staff has got to approve them when they come in. Again it's an individual site by site basis. We're fine with what Traffic Engineering has stated. I've clarified with them. One of the concerns that I had and it wasn't real clear this morning. If we do generate the need, and we're confident that we don't but Ric and his Department (Public Works) are doing what exactly they should be doing to protect the City's interest. These office buildings that we anticipate given the light absorption of the time it is going take, we will be very happy to 5,000 square feet of office per acre on these office sites. It is not going to be a high rise large intense offices, it is not demand out there in this part of the city. So, we think what's in the Traffic Impact Study is actually accurate but were happy, and it is being revised to go forward at a higher amount. If a traffic light is warranted, we'll certainly put in our bonds but we would only be paying the portion of the light that serves this property. There will be another arm on the property to the west, which will probably happen is there will be another loop road on what is city property to connect over but if that were to happen over on this side of Princess Anne Road then the city or whoever developed that property would be responsible for the rest of the improvements to that light. That is what we had some concern about. So, we really don't have any concerns. All the conditions are fine with us. We will provide a little more detail; in terms of the street section might be helpful. These are hypothetical. There may be four. There may be two. We don't know. It is going to depend on demand. What we do know is that the style. It is the rural and colonial. We're trying to make this no back lit signs. The things that we proffered and shown, I think clearly demonstrate that it is going to be a high quality and less intense type of commercial then what is caddy corner over on the Red Mill Commons. And frankly, we have done this type of proffering before. In a number of cases, and one that came to mind is Town Square up between Independence Boulevard and Holland Road. It is very, very similar set of proffers on the commercial section of that development. All of that has yet to be developed the commercial section. We've done General Booth, and this a older development at General Booth and Ferrell Parkway, the development that Mr. Bowles was involved in, between the Recreation Center and General Booth. There are number of little office buildings in there. That was a similar type of proffered developed, Jim Arnold at Rosemont Road, his little office industrial park. That same type of proffering as well as Linda Chapell, Wayne McCleskey at Dam Neck and General Booth, similar types of proffers on his commercial that has yet to be developed. So, it is not unusual at all. The city does have control over the appearance of the development that we've given you architectural guidance but when you're doing individual stand alone buildings, as opposed to a strip center, you are not in a position to give you what they're exactly going to look like. So, this is definitely not unusual. You can certainly inquire with staff on that but I don't think anyone, I hope no one believes this will be anything but top quality, given what we have proffered and the control. We're basically seeding over in terms of the architectural elevations of each of the proposed developments when they come in on these parcels as they are divided up. There is no access to Princess Anne Road. No access to Sandbridge Road Item #14 Princessboro Company, Inc. Page 3 other than the loop road, which is again an amenity for the Sandbridge marketplace, which is what we will call this. Most importantly, it will assist very much in moving traffic through that intersection as the years go forward. Janice Anderson: Any questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Janice Anderson: Do we have any other speakers? I'll open it up with discussion? Go ahead Jay. Jay Bernas: I understand that this is somewhat of a unique development and these out parcels and they don't know what is going to be coming so it is kind of difficult to show what exactly is going to be there. But, in my mind, there is too little here. I appreciate the applicant offering to provide additional cross sections of the roadway. I'll probably go to City Council but for me, looking at the site plan it is just enough information. Were requiring pedestrian friendly but I don't see sidewalks. I don't see any cross sections of the street way. I just think that we should be careful when we start to rezone agriculture property to either office or B-2 and that we have some control about the quality of the development that's going to occur. For me, looking at this plan it is not just enough information for me to even make any decision on. So, that is my biggest problem. It's not that I'm against it. I just don't have enough information to make a good valid quality decision that this is going to be fully developed based on what I have in front of me. Janice Anderson: Thank you Jay. Are there any other comments? Don? Donald Horsley: Jack, I guess this question is for you? With the information provided, staff is still comfortable that when the site plans come in and are reviewed, the quality and all that we have seen in some projects will be there. Jack Whitney: Yes sir. Mr. Bourdon is correct. It's more of a challenge when you have a commercial development which has free standing structures as opposed integrated shopping center type construction, which is a lot easier to development elevations and so forth for. What you've seen in the slides and I believe that Mr. Bourdon would agree that what's in the so to speak pattern book, a group of typical styles that may be included in the development. The developer and certainly the staff would agree that it's in the interest of the development and the community, that as the individual structures come in, that they be consistent in terms of quality, mass in scale, landscaping, allowing some variation to accommodate the needs and the type of tenant that is going in there. We will certainly work closely with the developer as it builds out to ensure the level of quality and more a rural vernacular type development, which is in keeping with the area, yet not typical that you might see elsewhere in the city. So, we are confident that through the pattern book and these examples we can achieve working with the developer and the site plans as they come in to get a consistent attractive looking product. Item #14 Princessboro Company, Inc. Page 4 Janice Anderson: Eddie, would you like to make a comment? Eddie Bourdon: We have spent a consumable amount of time working with your staff in the challenge that exists, with regard to that we don't want to see something like Kempsville Crossing. You want to do something that fits the area. We have a lot of elevations that are in your packets that are proffered that as Mr. Whitney has said,, an architectural form book. This is not something that lacks a lot of information. It lacks certainty but it doesn't lack information. We are certain that it is going to look exactly like this or any of the other attractive, again, little less intense development. We certainly don't think it's appropriate this juncture that there is anything wrong with the center that is there on the northern section adjacent to this property but we don't want to duplicate that back to back. We want to transition to something that's a little more worldly compatible as we move into the Transition Area. So, we have to have the approval and then bring in the retailers to buy. We're not going to do your typical whatever the retailer may be or whatever the restaurant maybe. We're not going to their typical prototype. We're going to have to do something that fits one of the types of rural compatible architecture. That's what we're trying to make happen here as opposed to, and I don't want to degrade anything, but we're not just going to do a typical strip center. And the type of signage that we proffered is not anything like what you will see at any of the commercial areas of the city but other than maybe Pungo. Again, we're trying to create something that is consistent with what we're going to see in the Transition Area. So, the last thing that I think is lacking here is information. We just don't have certainty. And, that's the facts that we can't show is going to looking just like this or just like that. Janice Anderson: Thank you. Eddie Bourdon: I appreciate it. Janice Anderson: A question for Eddie? I'm sorry. Eugene Crabtree: I neglected to act before and Jay brought it up when he said he didn't see anything that referred to pedestrian. Is this limiting your signs and since you got stables there and you got a park, I am going to presume that this is going to be a pedestrianibike and trails friendly community. Eddie Bourdon: On Princess Anne Road, we have the 50 foot Transition Area, a modified Transition Area because were moving in. And so, certainly it is there to bring the trail all the way through to the shopping center to our north. That's provided for. If there needs to be the portion of trail on that 50 feet, we certainly do that. On the loop road, there will be multi purpose on one side trail and there will be a sidewalk on the other. I would agree with Mr. Bernas it would be better if we had that cross section in here. We'll do that before it gets to City Council. But there will be a multi purpose trail on one side. There will be a sidewalk on the other. There will be crossings where the road crosses or loop road that goes into Munden Farm and goes north into the shopping center. So, there will be full cross walks there. Sense of place. Signage at the entrance for Sandbridge Market Place. Eugene Crabtree: I just want to clarify it for the record. Item #14 Princessboro Company, Inc. Page 5 Eddie Bourdon: Thank you. Janice Anderson: Thank you. Are there any other questions? How about comments? Al. Al Henley: Thank you Jan. Al Henley: I know it is difficult. We're always wanting more information and of course more information, and as the Commission we can make a decision. I will say that even though we lack some of the information today, and I know when Mr. Bourdon and his clients will be working pretty closely with staff. I will say that I have the highest confidence in staff that we can achieve what we want to achieve on this. I know their attorney Mr. Bourdon has reached the back as well in this area, so he knows what the community needs and what the community demands. I'm excited about the colonial architecture and we can talk about that as well as a colonial lighting. I think that would enhance this area that is going into the Transition Area, as well as with Munden Farm, and when that approach road ties into this, and they get pedestrian friendly with bike ways, as well as open landscaping. I think it will be really exciting to see this develop on that corner. If done right, and once again I have the highest confidence in staff because Mr. Bourdon, you know as well as I do you are going to be under a microscope as well as all of your clients, and your clients as well as all the residents go way back. So, I'm very confidence that it will go well of where the community demands of them. So, I'm excited that this is coming about. And, I look forward to its development. Janice Anderson: Thank you Al. Don. Donald Horsley: I kind of echo some of Al's comments. I guess I remember back when Mr. Bourdon, we did talk about a borrow pit here. I don't want to rekindle that conversation but I think everybody here is very in tune to what this area is going to be developed as Astro Park and the other developments that are occurring. The handicapped horse arena and all this is located at Heritage Park, I believe it is. The Equi -kids. That is what I was trying to say. I think all the connectivity, and Gene you probably don't want to ride a horse up to the office. I think we got an opportunity here, and sometimes when you try to tie somebody's hands too tight, they get drawn into things that may not be the best in the end. So, I think this gives a little bit of latitude and with the confidence that we have the staff and with the developer, I think we're heading in the right direction. And, when you're prepared, I'll make a motion. Janice Anderson: Okay. I'll take that as a motion. We have a motion by Don Horsley. Is there a second? Barry Knight: Second. Janice Anderson: A second by Barry Knight. Is there further discussion? I have to note my abstention to this one. The principals and the firm has an active matter with it and it doesn't involve this project at all but it's an active matter, so I will have to abstain. Item #14 Princessboro Company, Inc. Page 6 AYE 9 ANDERSON BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE NAY 1 ABS 1 NAY ABS ABSENT 4 Ed Weeden: By a vote of 9-1-1, the application of Princessboro Company, Inc. has been approved. Eddie Bourdon: Thank you all very much. Have a happy holiday season. Janice Anderson: Thank you. Mr. Secretary, is there anything further? Donald Horsley: No ma'am. Janice Anderson: Okay. If there is nothing further from anyone, this meeting is adjourned. Happy holidays! In Reply Refer To Our File No. DF -7261 TO: Leslie. Lilley FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 15, 2009 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Princessboro Development Company, Inc. The above -referenced conditional zoning application is scheduled to be heard'by the City Council on January 27, 2009. 1 have reviewed the subject proffer agreement, dated November 4, 2008 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/bm Enclosure cc: Kathlee assen PREPARED BY: SYK£S, 90U DON. t UEB & LEVY. P.C. PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 4th day of November, 2oo8, by and between PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of two (2) contiguous parcels of property located in the Princess Anne District of the City of Virginia Beach, designated as Parcel 1 containing 13.393 acres and Parcel 2 containing 9.72o acres and described in Exhibit "A" attached hereto and incorporated herein by reference, said properties being hereinafter referred together as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG -1 and AG -2 to Conditional B-2 Commercial District and Conditional 0-2 Office 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 uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2414-21-3872 2414-31-5138 (Part of) I PREPARED BY: SYK£S. BOURDON. ANERN & L£VY. P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 and 0-2 Zoning Districts 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 Grantor, for itself, its 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 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 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 entitled "CONCEPT PLAN OF PRINCESSBORO DEVELOPMENT SANDBRIDGE", dated to/o8/o8, prepared by Hoggard/Eure Associates, P.C., 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 "Conceptual Site Plan"). 2. When those portions of the Property zoned B-2 Commercial are developed they shall be in accordance with the restrictions and requirements of the B-2 zoning district as specified in Article 9 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia at the time of development. In addition to those standards which are mandatory, all development, except that which can only take place upon the approval of a Conditional Use Permit by Virginia Beach City Council, shall also adhere to the following provisions of Article II, Subsection D "DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING CENTERS" of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia: A. Section 245 (all applicable subsections); B. Section 246(d)(5); C. Section 246(e)(1). 2 PREPARED BY: SYKES, BOURDON. AHERN & LEVY. P.C. 3. When any of the Property is developed, the architectural features, building materials and the quality level of the buildings constructed shall be comparable to the quality levels depicted in the renderings entitled `BUILDING TYPES — PHOTOGRAPHS & RENDERINGS, SANDBRIDGE MARKETPLACE, October 25, 2008, ("Commercial Rendering" and "Office Rendering") which have been exhibited to the City Council and are on file in the Department of Planning. Deviations from the Renderings are anticipated and may be allowed provided the quality levels are the same or higher than depicted in the rendering. The renderings are demonstrative of the quality intended by the Grantor. 4. When any of the Property is developed, all the freestanding signage shall be no greater than six feet (6) in height, shall not be internally illuminated and shall be of substantially similar design and quality as those depicted on the pictorial renderings entitled "FREESTANDING SIGN OPTIONS "A", "B" and "C" SANDBRIDGE MARKETPLACE, October 25, 2008", ("Freestanding Sign Renderings") which have been exhibited to the City Council and are on file in the Department of Planning. 5. When the Property is developed, a ten foot (1o') wide Category IV Landscape Buffer will be provided and planted in accordance with the City's "Landscape Screening and Buffering Specifications and Standards" adjacent to the southern property line. 6. 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 AG -i, AG -2, B-2 and 0-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the 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 M PREPARED BY; SMS, BOURDON, ARON & LEVY. P.0 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, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Princessboro Development Company, Inc., a Virginia corporation By: 0'5�1: (SEAL) C. Michael Fisher, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 4th day of November, 2oo8, by C. Michael Fisher, President of Princessboro Development Company, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SYKES. BOURDON, AHERN R LEVY. P.C. 5 Notary Public PREPARED BY: SYKES. $OURDON. AIIERN & LEYY. P.C. EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land with any improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel D-1, as shown on that certain plat entitled, "SUBDIVISION OF PARCEL C -i -Y, PARCEL C-2 PROPERTY OF PRINCESSBORO DEVELOPMENT CO., INC.", prepared by MSA, P.C., dated August 5, 2005, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20051229002079030. GPIN: 2414-21-3872 PARCEL 2: ALL THAT certain portion or a parcel of land with any improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being a 9.720 acre portion of that property known and designated as PARCEL D-2, on that certain plat entitled, "SUBDIVISION OF PARCEL C -1-Y, PARCEL C-2 PROPERTY OF PRINCESSBORO DEVELOPMENT CO., INC.", prepared by MSA, P.C., dated August 5, 2005, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20051229002079030. Said portion of PARCEL D-2 is more particularly described as follows: BEGINNING at the southeast corner of Parcel D-2 as depicted on the plat entitled "SUBDIVISION OF PARCEL C -1-Y, PARCEL C-2 PROPERTY OF PRINCESSBORO DEVELOPMENT CO., INC.", dated August 5, 2005 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 2005122900207903o, and from this POINT OF BEGINNING running along the shared boundary between PARCEL D-2 and PARCEL D-1 as depicted on the afore referenced plat North 40° 29' 12" East, a distance of 741.25 feet to a point along the southern boundary of PARCEL D as depicted on the plat entitled "SUBDIVISION OF PARCEL C -1-Y, PARCEL C-2" as recorded in the afore referenced Clerk's Office as Instrument No. 20051229002075030; thence turning and running South 49° 30'48" East, a distance of 566.95 feet to a point; thence continuing in a southwesterly direction along the arc of a curve having a radius of 857.69 feet an arc distance of 37.01 feet to a point; thence continuing in a southwesterly direction along the arc of a curve having a radius of 172.42 feet an are distance of 112.44 feet to a point; thence continuing in a southwesterly direction along the arc of a curve having a radius of 425.76 feet an arc distance of 9.58 feet to a point; thence turning and running South 07° 26' 2o" East, a distance of 173.52 feet to a point; thence turning and running South 20° 39' 32" West, a distance of 311.40 feet to a point along the shared boundary between PARCEL D-2 as depicted on the afore referenced Subdivision of "PARCEL C -1-Y" and "PARCEL C-2" and property now or formerly owned by Munden & Associates, L.P.; thence turning and running along said shared boundary IZ North 630 22' 18" West, a distance of 774.61 feet to the POINT OF BEGINNING. Said Zoning Parcel contains approximately 9.72o Acres. GPIN: 2414-31-5138 (Part of) ConditionalRezone/PrincessboroDevelopment/Proffer4_Clean PREPARED BY: SYK£S, BOURDON, AHERN & LEW EC 7 L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BIKEWAYS/TRAILS ADVISORY COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PERSONNEL BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Effective January 1, 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the Second and Fourth Tuesdays of each month. Workshops will be scheduled for the First and Third Tuesdays of each month per action taken November 18, 2008. HOWEVER, THE MEETING OF FEBRUARY 10, 2009 WILL BE HELD FEBRUARY 3, 2009, TO ALLOW CITY COUNCIL'S MID -YEAR RETREAT PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS January 27 Revenue Projection Update and Discussion of Balancing Options February 9, 10 Workshop to Develop Program Priorities March 24 City Manager's Presentation of Budget and CIP to City Council April 7 Workshop. April 14 Workshop April 21 Workshop April 16 Public Hearing April 28 Public Hearing May 5 Reconciliation Workshop May 12 Adoption Council Conference Room Economic Development Large Conference Room — 8 a.m.-5 p.m. Council Chamber — 6 p.m. Council Conference Room Council Conference Room Council Conference Room Green Run High School — 6 p.m. Council Chamber — 6 p.m. Council Conference Room Council Chamber — 6 p.m. CITY OF VIRGINIA BEACH BRIEFINGS: SUMMARY OF COUNCIL ACTIONS Jack Whitney, 11 PERMITS and INSPECTIONS LEGACY V I SYSTEM MIGRATION Planning Planning DATE: 1/13/09 L D S L E D H E A W PAGE: I D S I E J S U N I A T E D N O S H U L W AGENDA V E Z Y L N 0 R E S 0 ITEM # SUBJECT MOTION VOTE I P E E E E MI V O 0 S H L R Y S S N A N D UA BRIEFINGS: Jack Whitney, PERMITS and INSPECTIONS LEGACY SYSTEM MIGRATION Planning Planning Gwen Cowart, Director — ComIT B FY2010 BUDGET — Cost Comparisons — David Bradley, Other Cities Management (Background, Information on Revenues and Services Costs II/IIFIVN CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VUE SESSION VII/F MINUTES APPROVED 8-0 A A Y Y Y Y A Y Y Y Y B B B Informal/Formal Sessions_ 12/9/2008 S S S T T T A A A I I I N N N E E E D D D Special Formal Session 1/5/09 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y B S T A I N E D G FORMAL SESSION AGENDA 11-0 Y Y Y Y Y Y Y Y Y Y Y Resolution to SUPPORT state legislation ADDED ADD ON to prohibit smoking in restaurants H/1 PUBLIC BID OPENING: ONE BID ACCEPTED/ ORDINANCE LEASE OF CITY PROPERTY — 3425 SCHEDULED Clubhouse Drive FOR 1/27/09 Cell Towers at Bow Creek Neighborhood Park ITY OF VIRGINIA BEACH PUBLIC HEARINGS: NO SPEAKERS MMARY OF COUNCIL ACTIONS CODE AMENDMENT — Sanitary Sewer Collection Fees V I SALE OF EXCESS CITY PROPERTY — NO SPEAKERS 1/13/09 L [AGENDA' 120 Lavergne Lane D S L E D FRANCHISE LEASE OF CITY OWED H E A W 2 D S I E J S U N I A T E D N O S H U L W V E Z Y L N O R E S 0 SUBJECT MOTION VOTE I P E E E E M I V 0 0 S H L R Y S S N A N D I/1 PUBLIC HEARINGS: NO SPEAKERS CODE AMENDMENT — Sanitary Sewer Collection Fees SALE OF EXCESS CITY PROPERTY — NO SPEAKERS 120 Lavergne Lane FRANCHISE LEASE OF CITY OWED NO SPEAKERS PROPERTY — Open Air Cafe 11 Giardino Ristorante — 910 Atlantic Avenue LEASE OF CITY OWNED PROPERTY — NO SPEAKERS 2e and Atlantic Avenue Maritime Museum, hic J/1 PUBLIC COMMENT: NORTHAMPTON CORRIDOR 5 SPEAKERS STRATEGIC GROWTH AREA: Burton Station K/I CITY COUNCIL BRIEFING Dr. Glen Snydes, Chair HEALTH SERVICES ADVISORY BD Infant Mortality in Virginia Beach L!M!1 Ordto AMEND City Code Sec 2814 re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Sewer Collection Fees CONSENT 2 Ord to AUTHORIZE Town Center, Phase ADOPTED 8-3 Y N N N Y Y Y Y Y Y Y IV/TRANSFER airspace/ r -o -w for Market St/Dev Ary (VBDA) to EXECUTE documents DISTRICT 4 - BAYSIDE 3 Ord to AUTHORIZE five-year (5) ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y lease of City -owned property with CONSENT MARITIME MUSEUM, INC. (Old Coast Guard Station at 24i° Atlantic Ave) DISTRICT 6 — BEACH 4 Ord to DECLARE EXCESS property at ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 120 Lavergne Lane/AUTHORIZE sale to CONSENT Robert/ Juanita Gordon 5 Ord to AUTHORIZE encroachments ADOPTED, BY l i-0 Y Y Y Y Y Y Y Y Y Y Y into portion of City -owned CONSENT property for PATRICIA GJBARRY D. KOVAL at 210 766 Street DISTRICT 6 — BEACH CITY OF VIRGINIA BEACH Ord to GRANT temporary Open Air ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Caf6 FRANCHISES at 910 Atlantic CONSENT Ave to THEME RESTAURANTS, V I INC. t/a II Giardino Restorante DATE: 1/13/09 L DISTRICT 6 — BEACH D S L E D Ord to ACCEPT/APPROPRIATE: H 11-0 E Y A W Y PAGE: 3 D S I Y E J S U N I A T E D N O S H U L W AGENDA V E Z Y L N O R E S O ITEM # SUBJECT MOTION VOTE I P E E E E M I V O O Y S H L R Y S S N A N D 6 Ord to GRANT temporary Open Air ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Caf6 FRANCHISES at 910 Atlantic CONSENT Ave to THEME RESTAURANTS, INC. t/a II Giardino Restorante DISTRICT 6 — BEACH 7/a Ord to ACCEPT/APPROPRIATE: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT $8,139,100 for COPS Phase 11 b $126,539 re Oyster Heritage re Oyster ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Reefs in Lynnhaven River a CONSENT g Resolution to EXPRESS support of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Autism treatments and therapies/Virginia CONSENT Legislators to mandate insurance coverage for this disorder ADD ON Resolution to SUPPORT State Legislation ADOPTED, BY 9-2 Y N N Y Y Y Y A A Y A to prohibit smoking in Restaurants CONSENT Ul HOWARD R. TABOR Modification MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y of Condition No YADD others CONDITION #3, (approved May 25, 1999) re LED BY CONSENT monument -style sign at 300 South Rosemont Road, DISTRICT 3 — ROSE HALL 2 O'DOHERTY ENTERPRISES CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y home occupation ("car trunks') at 345 CONDITIONED, Jacqueline Ave DISTRICT 4 — BY CONSENT BAYSIDE 3 FRANKEE LOVE CUP re Wedding APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Chapel at 2973 Shore Drive. DISTRICT 5 CONDITIONED, — LYNNHAVEN BY CONSENT M APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S BEACHES AND WATERWAYS COMMISSION COMMUNITY SERVICES BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEELA CITY OF VIRGINIA BEACH ARTS & HUMANITIES Appointed 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y COMMISSION Rose Daria Unexpired thru V I 6/30/11 DATE: 1/13/09 L ADDED PLANNING COMMISSION D 11-0 Y Y Y S Y L Y Y Y Y E D H E A W PAGE: 4 D S I E J S U N I A T E D N O S H U L W AGENDA V E Z Y L N O R E S O rFEM # SUBJECT MOTION VOTE I P E E E E M I V O O A S H L R Y S S N A N D ADDED ARTS & HUMANITIES Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Rose Daria Unexpired thru 6/30/11 ADDED PLANNING COMMISSION Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Ronald C. Ripley Unexpired thru 12/31/11 SOUTHEATERN PUBLIC SERVICE Appointed 10-0 Y Y Y Y Y Y Y Y A Y Y AUTHORITY (SPSA) John C. Barnes Unexpired thru 12/31/12 TIDEWATER REGIONAL GROUP Appointed 10-0 Y Y Y Y Y Y Y Y A Y Y HOME COMMISSION Barbara Brinson Unexpired thru 6130/10 VIRGINIA BEACH COMMUNITY Appointed 10-0 Y Y Y Y Y Y Y Y A Y Y DEVELOPMENT CORPORATION — Carolyn VBCDC McPherson Unexpired thru 12/31111 N/O ABSTRACT OF VOTES — Special CITY CLERK B' Y C O N S E N S U S Election - Member, House of Delegates, WILL CORD January 6, 2009 P ADJOURNMENT 6:50PM PUBLIC COMMENTS 3 SPEAKERS "Open Dialogue" 6:52-7:04PM Effective January 1, 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the Secon and Fourth Tuesdays of each month. Workshops will be scheduled for the First and Third Tuesdays of each month per action taken November 18, 2008. HOWEVER, THE MEETING OF FEBRUARY 10, 2009 WILL BE HELD FEBRUARY 3, 2009, TO ALLOW CITY COUNCIL'S MID -YEAR RETREAT CITY COUNCIL DISCUSSION — BUDGET PROCESS JANUARY 20T" 12:00 — 5:00 pm ECONOMIC DEVELOPMENT CONFERENCE ROOM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 1/13/09 L D S L E D H E A W PAGE: 5 D S I E I S U N I A T E D N O S H U L W AGENDA V E Z Y L N O R E S O ITEM # SUBJECT MOTION VOTE I P E E E E M I V O O S H L R Y S S N A N D CITY COUNCIL MID -YEAR RETREAT FEBRUARY 9T" AND 10TH 8:30. 5:00 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM