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HomeMy WebLinkAboutMARCH 10, 2009 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS,JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville -District 2 ROBERTM. DYER„ Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, Ai -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA 10 MARCH 2009 CITY MANAGER - JAMES K SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR- LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC I. CITYCOUNCIL'S BRIEFING A. STRIVING FOR EXCELLENCE James K. Spore, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW - Conference Room - V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757J 385-4303 FAX (75 7) 385-5669 E- MAIL: ctycncl@vbgov.com 2:30 PM 3:30 PM VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Clark Cundiff, Pastor Nimmo United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECT IZONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 24, 2009 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY a. 212 Gatewood Avenue, et al b 113 Middle Lane, et al 2. CAPITAL BUDGET AMENDMENT FOR FY 2007-08 Urban Area Strategic Initiative Interoperable Communications Technology Grant I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolutions REFERRING to the Planning Commission Ordinances to AMEND Section 201 of the City Zoning Ordinance (CZO) re setbacks: a. front porches and handicapped ramps b. enclosed piers 2. Ordinances re City Code: a. AMEND and REORDAIN Section 21-230 re traffic calming in Baycliff and Lakeview Park, effective January 27, 2009 b. UPDATE and CORRECT Sections 2-193,2-232,2-237 and 2-474 re City Government Administration 3. Resolutions to APPOINT: a. Christopher S. Boynton, Deputy City Attorney b. Michael A. Beverly and Terry L. Jenkins, Associate City Attorneys 4. Ordinances to DECLARE EXCESS City property and AUTHORIZE their sale: a. Ocean Bay Homes, Inc. for $320,500: 212 Gatewood Avenue 308 N. Oceana Boulevard 1512 New York Avenue 2248 London Street 1520 New York Avenue with 2216 Reuben Street one-half of 1516 New York Avenue 2217 Reuben Street 1548 Ohio Avenue b. Murray Homes, Inc. for $110,000: 113 Middle Lane 224 Middle Lane 1545 Ohio Avenue Ordinance to AUTHORIZE the City Manager to execute Management Agreements for the operation and management of the Sportsplex, the United States Field Hockey National Training Center, a Ground Lease and Option Agreement for the construction of a retail center adjacent to the Sportsplex. 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property (Rudee Inlet) for HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, to construct and maintain wooden piers at the rear of 232, 236 and 240 Indian Avenue. DISTRICT 6 — BEACH 7. Ordinance to AUTHORIZE the City Manager to REDUCE FY 2008-09 City Departments' operating budgets and reallocate funding to off -set increases in energy costs and increased participation in the Tax Relief Program for the elderly/disabled. 8. Ordinance to APPROPRIATE $600,000 from the Fund Balance of the General Fund designated for mental health to the Department of Human Services' FY 2008-09 Operating Budget and AUTHORIZE the City Manager to sign an Agreement with Biznet, Inc. re independent living housing. K. 9. Or& -.lance to APPROPRIATE $285,107 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Human Services' FY 2008-09 Operating Fund re additional services for Juvenile offenders and people with MR disabilities. 10. Ordinance to ACCEPT and APPROPRIATE $67,563 cash in -lieu -of park reservation payment from the Grassland Farms Subdivision to Neighborhood Park Acquisition and Development — Phase II. PLANNING 1. Application of JACK GLASER for the Expansion of a Nonconforming Use at 3751 DuPont Circle. DISTRICT 4 - BAYSIDE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION ALLOW WITHDRAWAL 2. Application of BEVERLY W. ARMSTRONG for the Expansion of a Nonconforming Use at 7300 73`d Street. DISTRICT 5 - LYNNHAVEN APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION ALLOW WITHDRAWAL 3. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) for th�-. Expansion of a Nonconforming Use at 215 67h Street re a new educational building, parking lot renovations and relocating two entrances from 67h Street. DISTRICT 5 - LYNNHAVEN DEFERRED MARCH 10, 2009 RECOMMENDATION APPROVAL 4. Applications of DAVID WILLIAM KOEHLER-PFOTENHAUER at 2180 McComas Way: a. Modification of Proffer No. 8 (approved by City Council on October 26, 1993) re a skate park b. Conditional Use Permit re an indoor recreational facility DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of OLIVIA DANIELS for a Conditional Use Permit re a home occupation (private school/daycare) at 3108 Macdonald Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL L. 6. Application of ALEXIS HOLDINGS L.L.C. for a Conditional Use Permit re motor vehicle sales, rental and service at 3962 Bonney Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 7. Application of PONTIAC ARMS APARTMENTS, INC. for a Conditional Use Permit re a commercial parking lot at 402 21" Street. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 8. Application of WOWII, L.L.C. for a Conditional Use Permit re public or private college or university and a beauty salon -spa at 1701 and 1707 Will O' Wisp Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 9. Application of THUMMEL ASSOCIATES, L.C. for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 1752 Virginia Beach Boulevard. DISTRICT 5 - BEACH RECOMMENDATION APPROVAL 10. Applications of 1250 CENTERVILLE, L.L.C. at 2120 Centerville Turnpike: a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District b. Conditional Use Permit re fuel sales with a convenience store re development of multi -family dwellings DISTRICT 1 — CENTERVILLE DEFERRED RECOMMENDATION OCTOBER 14, 2008 APPROVAL 11. Ordinances of the CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. DELETE Section 201(b) re setbacks from the ultimate right-of-way as shown on the Master Transportation Plan RECOMMENDATION INDEFINITE DEFERRAL b. AMEND Sections 211 and 230 re signage for religious uses RECOMMENDATION APPROVAL APPOINTMENTS HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS March 24 City Manager's Presentation of Budget Council Chamber — 6 p.m. and CIP to City Council April 7 Workshop Council Conference Room April 14 Workshop Council Conference Room April 16 Public Hearing Green Run High School — 6 p.m. April 21 Workshop Council Conference Room April 28 Workshop and Public Hearing Council Chamber — 6 p.m. May 5 Reconciliation Workshop Council Conference Room May 12 Public Hearing for Adoption 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 Agenda 03/05/2009gw www.vbgov.com I. CITYCOUNCIL'S BRIEFING - Conference Room - 2:30 PM A. STRIVING FOR EXCELLENCE James K. Spore, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 II VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM I, A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Clark Cundiff, Pastor Nimmo United Methodist Church 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 February 24, 2009 G. AGENDA FOR FORMAL SESSION 410 Itroalutiott 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 1. SALE OF EXCESS CITY PROPERTY a. 212 Gatewood Avenue, et al b. 113 Middle Lane, et al 2. CAPITAL BUDGET AMENDMENT FOR FY 2007-08 Urban Area Strategic Initiative Interoperable Communications Technology Grant PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess City property, Tuesday, March 10th, 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 located at 212 Gatewood Ave IGPIN 2407-03-4060); 1512 New York Ave (GPIN 2417-04-3750) together with '/s of 1516 New York Ave (GPIN 2417-04-2780); 1520 New York Ave (GPIN 2417-04-2629) together with lh of 1516 New York Ave (GPIN 2417-04-2780);1548 Ohio Ave (GPIN 2407-95-7225); 308 N. Oceana Blvd (GPIN 2417-06.6161 & 2417-16-6116); 2248 London Street (GPIN 2407-02-1454); 2216 Reuben Street tGPIN 2407-03-7090 & 2407-02-7635); and 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758). The purpose of this Hearing will be to obtain public input to determine whether these properties 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, _iii 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center at (757)385-4161. Ruth Hodges Fraser, AAMC City Clerk Beacon March 1, 2009 - 19906271 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess City propeity, Tuesday, March 10th, 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 located at 113 titiddle Lane 1GPIN 2407-94-9449); 224 Middle Lane (GPIN 2417-05-1302) 1"gether with 230 Middle Lane (GPIN 2417-05-130811; ;ind 1545 Ohio Ave (GPIN 2407.95-7191). The purpose of this Hearing will be to obtain public input to determine whether these properties 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, can, 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center at (7571385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon March 1, 2009 19906243 NOTICE OF PUBLIC HEARING Amendment of FY 2008-09 Capital Budget Appropriation Ordinance: Appropriation of $4,000,000 for the Urban Area Strategic Initiative Interoperable Communications Technology Grant On March 10. 2009, the Council of the City of Virginia Beach, Virginia will hold a public hearing on an amendment to the FY 2008-09 Capital Budget. The proposed amendment would appropriate a grant of $4,000,000 from the U.S. Department of Homeland Security for the Urban Area Strategic Initiative Interoperable Communications Technology Grant Project 1 CIP # 3-143). The grant funds would provide enhancements to the 700/8OOMHz regional communication network and the distribution of radios. The public hearing will be conducted at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Municipal Center.. Virginia Beach, Virginia. A copy of the proposed- amendment shall be available in the City Clerk's office for review. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually unpaired and need assistance at this meeting, please call 385-4303. Hearing impaired. call TCD only 711. Ruth Hodges Fraser, MMC City Clerk E 1990577 pacon March 1, 2009 I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolutions REFERRING to the Planning Commission Ordinances to AMEND Section 201 of the City Zoning Ordinance (CZO) re setbacks: a. front porches and handicapped ramps b. enclosed piers 2. Ordinances re City Code: a. AMEND and REORDAIN Section 21-230 re traffic calming in Baycliff and Lakeview Park, effective January 27, 2009 b. UPDATE and CORRECT Sections 2-193, 2-232,2-237 and 2-474 re City Government Administration 3. Resolutions to APPOINT: a. Christopher S. Boynton, Deputy City Attorney b. Michael A. Beverly and Terry L. Jenkins, Associate City Attorneys 4. Ordinances to DECLARE EXCESS City property and AUTHORIZE their sale: a. Ocean Bay Homes, Inc. for $320,500: 212 Gatewood Avenue 308 N. Oceana Boulevard 1512 New York Avenue 2248 London Street 1520 New York Avenue with 2216 Reuben Street one-half of 1516 New York Avenue 2217 Reuben Street 1548 Ohio Avenue b. Murray Homes, Inc. for $110,000: 113 Middle Lane 224 Middle Lane 1545 Ohio Avenue 5. Ordinance to AUTHORIZE the City Manager to execute Management Agreements for the operation and management of the Sportsplex, the United States Field Hockey National Training Center, a Ground Lease and Option Agreement for the construction of a retail center adjacent to the Sportsplex. 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property (Rudee Inlet) for HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, to construct and maintain wooden piers at the rear of 232, 236 and 240 Indian Avenue. DISTRICT 6 — BEACH 7. Ordinance to AUTHORIZE the City Manager to REDUCE FY 2008-09 City Departments' operating budgets and reallocate funding to off -set increases in energy costs and increased participation in the Tax Relief Program for the elderly/disabled. Ordinance to APPROPRIATE $600,000 from the Fund Balance of the General Fund designated for mental health to the Department of Human Services' FY 2008-09 Operating Budget and AUTHORIZE the City Manager to sign an Agreement with Biznet, Inc. re independent living housing. 9. Ordinance to APPROPRIATE $285,107 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Human Services' FY 2008-09 Operating Fund re additional services for Juvenile offenders and people with MR disabilities. 10. Ordinance to ACCEPT and APPROPRIATE $67,563 cash in -lieu -of park reservation payment from the Grassland Farms Subdivision to Neighborhood Park Acquisition and Development — Phase II. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission an Ordinance to Amend Section 201 of the City Zoning Ordinance Pertaining to Setbacks for Front Porches and Handicapped Ramps MEETING DATE: March 10, 2009 ■ Background: The ordinance referred to the Planning Commission by this resolution involves certain structures that will be allowed into the required setback areas. The amendments are needed to keep the City Zoning Ordinance up to date and in touch with the concerns of the citizens. ■ Considerations: These amendments will allow front porches and handicap ramps to extend into required yards under certain circumstances. The Board of Zoning Appeals (BZA) has granted numerous variances for front porches to allow for a covered entrance from the weather. The frequency of such variances suggests that a CZO amendment would better resolve the situation. This resolution will refer the amendments to the Planning Commission for its comments and recommendation. ■ Attachments: Resolution, Ordinance Recommended Action: Adopt Resolution Submitting Department/Agency: Planning City Manager �i.e�t /C/ DiL.� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACKS FOR FRONT PORCHES AND HANDICAPPED RAMPS FOR CONSIDERATION AND RECOMMENDATION WHEREAS, the public convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above -entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2008. APPROVED AS TO CONTENT: Planninj Department CA10962 R-2 January 23, 2008 APPROVED AS TO LEGAL SUFFICIENCY: i City Attorney's Office 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SETBACKS FOR FRONT 4 PORCHES AND HANDICAPPED RAMPS 5 6 Section Amended: § 201 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section §201 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 201. Yards. 18 19 (a) General. All required yards shall be unobstructed by any structure or other 20 improvement which exceeds sixteen (16) inches in height as measured from 21 ground elevation; provided, however, the following improvements may be located 22 in a yard: 23 24 .... 25 26 (6) Covered unenclosed front porches on single-family or duplex structures 27 constructed prior to the effective date of this ordinance, may extend into 28 the required front yard setback, provided, however, that: 29 30 a such porches shall have a maximum depth of six (6) feet, as 31 measured from the exterior wall of the main structure to the 32 exterior edge of the porch foundation and a maximum width 33 of twelve (12) feet: and 34 35 b. in no case shall the setback from the lot line to the exterior 36 wall of the porch foundation be less than five (5) feet: and 37 38 (7) Handicapped ramps to the extent necessary to perform their proper 39 function. 40 41 In addition, certain other structures, uses or accessories may be prohibited in 42 certain yards as set forth in the applicable district regulations. 43 44 COMMENT 45 46 These amendments will allow front porches and handicap ramps to extend into required 47 yards under certain circumstances. The Board of Zoning Appeals (BZA) has granted numerous 48 variances for front porches to allow for a covered entrance from the weather The frequency of 49 such variance!; suggests that a CZO amendment would better resolve the situation. 50 51 Handicapped ramps are normally required by the Americans with Disabilities Act and 52 should not be sin unreasonable intrusion into the setback. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 55 of '2009. AP OVq A TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PlanninA Ci y Attorney's Office CA10962 R-6 February 16, 2009 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission an Ordinance to Amend Section 201 of the City Zoning Ordinance, Pertaining to Setbacks for Piers MEETING DATE: March 10, 2009 ■ Background: The ordinance referred to the Planning Commission by this resolution involves unenclosed piers that will be allowed into the required setback areas. The amendments are needed to keep the City Zoning Ordinance up to date and in touch with the concerns of the citizens. ■ Considerations: These amendments will allow unenclosed piers to extend into required yards under certain circumstances. The Board of Zoning Appeals (BZA) has granted numerous variances for piers to allow for water access. The frequency of such variances suggests that a CZO amendment would better resolve the situation. This resolution will refer the amendments to the Planning Commission for its comments and recommendation. ■ Attachments: Resolution, Ordinance Recommended Action: Adopt Resolution Submitting Department/Agency:: Planning City Manager jC��C�itt GC/GZi k, Ctiuc z o�Li 1 A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION AN ORDINANCE 3 TO AMEND SECTION 201 OF THE CITY 4 ZONING ORDINANCE PERTAINING TO 5 SETBACKS FOR PIERS FOR 6 CONSIDERATION AND RECOMMENDATION 7 8 WHEREAS, the public convenience, general welfare and good zoning practice so 9 require; 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the above -entitled ordinance, a copy of which is attached, is hereby referred 15 to the Planning Commission for its consideration and recommendation. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, this 18 day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA11046 R-1 February 12, 2009 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SETBACKS FOR PIERS 4 5 Section Amended: § 201 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That %Section §201 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 201. Yards. 17 18 (a) General. All required yards shall be unobstructed by any structure or other 19 improvement which exceeds sixteen (16) inches in height as measured from 20 ground elevation; provided, however, the following improvements may be located 21 in a yarn: 22 23 .... 24 25 8 Uncovered piers, no more than four (4) feet in width, which are required to 26 access navigal)le water, may extend into required side or rear yards. 27 28 COMMENT 29 30 These amendments will allow piers to extend into required yards under certain 31 circumstances. 'rhe Board of Zoning Appeals (BZA) has granted numerous variances for piersto 32 allow for water :access. The frequency of such variances suggests that a CZO amendment would 33 better resolve the situation. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of --,2009. APP OVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c Planningk City Attorney's Office CA11036 R-2 February 16, 2009 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: March 10, 2009 ■ Background: On February 13, 2001, City Council enacted the Traffic Calming Ordinance to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets can be punished by a fine of up to $200. ■ Considerations: The Traffic Calming Program has four phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85 -percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of council -designated streets with signs warning drivers that speeding in this area could result in a fine up to $200. The following streets have qualified for inclusion in the Traffic Calming Program: 1. Baycliff — Baycliff Drive between Mill Dam Road and Stephens Road. 2. Lakeview Park — Cullen Road between Shell Road and Lakeside Road. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works/E gineering v �� City Manager: ZAO a4t.. �(,��(,� ti't t, � � - • — 1 AN ORDINANCE TO AMEND SECTION 21- 2 230 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 16 districts; penalty. 17 18 Pursuant -to § 46.2-878.2 of the Code of Virginia, any person who operates a 19 motor vehicle in excess of the maximum speed limit established for any portion of the 20 following highways located within the designated neighborhoods, on or after the 21 effective date, shall be guilty of a traffic infraction punishable by a prepayable fine of two 22 hundred dollars ($200.00), in addition to other penalties provided by law. No portion of 23 the fine shall be suspended unless the court orders twenty (20) hours of community 24 service. 25 26 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie 27 Avenue. 28 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, 29 Alton Road; Old Kempsville Road. 30 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 31 (4) Little Neck: Harris Road. 32 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; 33 Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 34 Smith Farm Road. 35 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 36 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake 37 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 38 (8) Country Haven: Stewart Drive. 39 (9) Fairfield: Lord Dunmore Drive. 40 (10) Bellamy Manor: Homestead Drive. 41 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge 42 Drive. 43 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery 44 Drive. 45 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 46 (14) Milburn Manor: Davis Street. 47 (15) Lake James: Lake James Drive. 48 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 49 50 Effective as of April 6, 2004: 51 52 (1) .roatan: Croatan Road. 53 (2) 13irdneck Point: Cardinal Road. 54 55 Effective as of April 5, 2005: 56 57 (1) "fhoroughgood: Thoroughgood Drive. 58 (2) Hermitage Road. 59 60 Effective as of September 12, 2006: 61 62 (1) Kings Grant: Oxford Drive. 63 64 Effective as of January 27, 2009: 65 66 M Elaycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 67 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: APPROVED A%S TO CONTENT: P lic Works CA10965 R-3 January 9, 2009 NO - -�_ -:� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Update and Correct Sections 2-193, 2-232, 2-237, and 2- 474 of the City Code Pertaining to the Administration of City Government MEETING DATE: March 10, 2009 ■ Background: Periodic review of the City Code has prompted this ordinance to correct out -dated references to the state code and replace an erroneous internal reference. ■ Considerations: Adopting this ordinance will update the City Code references to state law and to correct an erroneous internal reference to the City Code. ■ Recommendation: Approval of ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney City Manager: f 1 AN ORDINANCE TO UPDATE AND 2 CORRECT SECTIONS 2-193, 2-232, 2-237, 3 2-474 OF THE CITY CODE PERTAINING TO 4 THE ADMINISTRATION OF CITY 5 GOVERNMENT 6 7 SECTIONS AMENDED: §§ 2-193, 2-232, 2-237, and 2-474 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 2-193, 2-232, 2-237, and 2-474 of the Code of the City of Virginia 13 Beach, Virginia, are hereby amended and reordained to read as follows: 14 15 Sec. 2-193. Funds received under Title I of Housing and Community 16 Development Act of 1974. 17 18 .... 19 20 (c) The funds referred to in subsection (a) above are deemed federal funds 21 pursuant to section 15-ro-1 29.7 15.2-956 of the Code of Virginia, and shall not be 22 construed as part of the revenue of the city. 23 24 25 Sec. 2-232. Penalty and interest on past due accounts. 26 27 (a) Pursuant to section 15.2-105 of the Code of Virginia, as 28 amended, any person who fails to pay the city treasurer the amount due on any city 29 account on or before its due date shall incur a penalty thereon of ten (10) percent of the 30 amount due or ten dollars ($10.00), whichever is greater, which shall be added to the 31 amount of the account due from such person; provided, however, that in no case shall 32 the penalty exceed the amount of the account that is past due. No penalty shall be 33 imposed for failure to pay any account if such failure was not in any way the fault of the 34 debtor. 35 36 .... 37 38 Sec. 2-237. Applicability of division. 39 40 .... 41 42 (b) This division shall not apply to acquisitions by a city agency which are 43 voluntarily initiated or negotiated by the seller under no threat of condemnation, where 44 property is dedicated pursuant to the provisions of chapter 11 (section ' 5�T 15.2- 45 2200 et seq.) of title 454 15.2 of the Code of Virginia, or where property is voluntarily 46 dedicated or donated for no consideration; provided, however, that the provisions of this 47 division relatirg to relocation payments shall apply for the benefit of persons, other than 48 the owner, who are actually and lawfully occupying the real property to be acquired and 49 who have been occupants thereof for at least ninety (90) days prior to the initiation of 50 negotiations for acquisition. 51 52 53 COMMENT 54 55 These amendments delete references to obsolete state laws and replaces them with the 56 current state law references. 57 58 59 60 Sec. 2-474. Contracted auditors or other experts. 61 62 (a) The city auditor will coordinate and manage the audit contract of the City's 63 Comprehensive Annual Financial Report (CAFR) and related federal grants. Council 64 must approve the selection of a certified public accounting firm for the CAFR audit in 65 accordance wit City Charter Oede § 8.06. 66 67 .... 68 69 COMMENT 70 71 This amendment is a housekeeping matter to correct the reference to the City Charter 72 section. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2009. APPROVED A,3 TO CONTENT AND LEGAL SUFFICIENCY: City omey'610f rice CA10517 R-4 January 14, 2009 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Christopher S. Boynton to the Position of Deputy City Attorney MEETING DATE: March 10, 2009 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: The attached resolution appoints Christopher S. Boynton as a Deputy City Attorney, effective March 15, 2009. He will lead the City Attorney's Litigation Section. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney City Manager: 1 2 3 4 5 6 7 8 9 10 A RESOLUTION APPOINTING CHRISTOPHER S. BOYNTON TO THE POSITION OF DEPUTY CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Christopher S. Boynton is hereby appointed to the position of Deputy City Attorney, effective March 15, 2009. Adoptee by the Council of the City of Virginia Beach, Virginia, on the day of 2009. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA11053 R-3 February 18, 12'009 ' �Z) CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Appointing Michael A. Beverly to the Position of Associate City Attorney (2) A Resolution Appointing Terry L. Jenkins to the Position of Associate City Attorney MEETING DATE: March 10, 2009 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: The resolutions appoint Michael A. Beverly and Terry L. Jenkins as Associate City Attorneys, effective April 1, 2009. Both attorneys will fill vacancies in the City Attorney's Office Litigation Section. ■ Attachments: Resolutions Recommended Action: Adoption Submitting Department/Agency: City Attorney City Manager: 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING MICHAEL A. BEVERLY TO THE POSITION OF ASSOCIATE CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Michael A. Beverly is hereby appointed to the position of Associate City Attorney, effective April 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2009. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;0eL&'w City Attorney's Office CA 11059 R-1 February 25, 2009 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING TERRY L. JENKINS TO THE POSITION OF ASSOCIATE CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Terry L. Jenkins is hereby appointed to the position of Associate City Attorney, effective April 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2009. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Offic CA 11060 R-1 February 25, 2009 An Z1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 212 Gatewood Avenue; 1512 New York Avenue together with % of 1516 New York Avenue; 1520 New York Avenue together with % of 1516 New York Avenue;1548 Ohio Avenue; 308 N. Oceana Boulevard; 2248 London Street; 2216 Reuben Street; and 2217 Reuben Street to be in excess of the City's needs and authorizing the City Manager to sell the properties to Ocean Bay Homes, Inc. MEETING DATE: March 10, 2009 ■ Background: The City acquired 212 Gatewood Avenue, 1512 New York Avenue, 1516 New York Avenue, 1520 New York Avenue, 1548 Ohio Avenue, 308 N. Oceana Boulevard, 2248 London Street, 2216 Reuben Street and 2217 Reuben Street as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the nine parcels were developed with either single-family homes or duplexes. All of the properties were in severe disrepair and were demolished. The APZ-1 Disposition Committee has evaluated the properties and determined that it would be preferable to keep these properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceana Gardens). At the same time, density is being reduced through the merger of adjacent parcels and the requirement that only single-family development be permitted. Eight (8) building sites will be created for single-family development: (1) 212 Gatewood Ave; (2) 1512 New York Ave together with % of 1516 New York Ave; (3) 1520 New York Ave together with % of 1516 New York Ave; (4) 1548 Ohio Ave; (5) 308 N. Oceana Blvd; (6) 2248 London Street; (7) 2216 Reuben Street; and (8) 2217 Reuben Street. A Request for Proposal (the "RFP") including these eight (8) building sites was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. Ocean Bay Homes, Inc. was selected to develop the sites. ■ Considerations: Ocean Bay Homes, Inc. will be required to construct with enhanced noise attenuation. The Planning Department has reviewed the proposed building plans and has approved the proposed construction, finding that it will be consistent with the look and feel of the surrounding neighborhood. The proposed sale of these sites to Ocean Bay Homes, Inc. was approved by the Oceana Land Use Conformity Committee. If the City retains these properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ■ Public Information: Advertisement of City Council Agenda ■ Recommendations: Approve! the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. ■ Revenue restriction: The City funded the acquisition of the properties through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. The proceeds from the sale will be deposited into the Oceana and ITA Conformity and Acquisition Project (CIP 9-060) and fifty percent (50%) of the proceeds will be paid to the Commonwealth. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/ E City Manager: >CL�1.�.,(�. -Itk Z c 1 2 AN ORDINANCE DECLARING THE 3 PROPERTIES LOCATED AT 212 GATEWOOD 4 AVENUE; 1512 NEW YORK AVENUE 5 TOGETHER WITH Y2 OF 1516 NEW YORK 6 AVENUE; 1520 NEW YORK AVENUE 7 TOGETHER WITH Y2 OF 1516 NEW YORK 8 AVENUE; 1548 OHIO AVENUE; 308 N. OCEANA 9 BOULEVARD; 2248 LONDON STREET; 2216 10 REUBEN STREET; AND 2217 REUBEN STREET 11 TO BE IN EXCESS OF THE CITY'S NEEDS AND 12 AUTHORIZING THE CITY MANAGER TO SELL 13 THE PROPERTIES TO OCEAN BAY HOMES, 14 INC. 15 16 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 17 certain parcels of land located at (1) 212 Gatewood Avenue (GPIN 2407-03-4060); (2) 18 1512 New York Avenue (GPIN 2417-04-3750) together with Y2 of 1516 New York 19 Avenue (GPIN 2417-04-2780); (3) 1520 New York Avenue (GPIN 2417-04-2629) 20 together with Y2 of 1516 New York Avenue (GPIN 2417-04-2780); (4)1548 Ohio Avenue 21 (GPIN 2407-95-7225); (5) 308 N. Oceana Boulevard (GPIN 2417-06-6161 & 2417-16- 22 6116); (6) 2248 London Street (GPIN 2407-02-1454); (7) 2216 Reuben Street (GPIN 23 2407-03-7090 & 2407-02-7635); and (8) 2217 Reuben Street (GPIN 2407-02-8738 & 24 2407-02-7758) (the "Property', individually, or the "Properties", collectively), more 25 particularly described on Exhibit "A" attached hereto and made a part hereof; 26 27 WHEREAS, the City acquired the Properties pursuant to the APZ-1 28 Acquisition Program; 29 30 WHEREAS, the City funded the acquisition of the Properties through a 31 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 32 contributing fifty percent (50%) of the funds; 33 34 WHEREAS, the Properties are in the midst of other residences and at the 35 time of acquisition were improved with residential dwellings, which were demolished 36 due to their poor condition; 37 38 WHEREAS, City Council has elected to allow the reconstruction of a 39 single-family home of each of the eight Properties in order to maintain the integrity of 40 the neighborhood; and 41 42 WHEREAS, each such reconstruction is a grandfathered nonconforming 43 use allowed under current zoning law; 44 45 WHEREAS, the re -development of the Properties will be at a lesser 46 density than the original use of the Properties; 47 48 WHEREAS, a Request for Proposal ("RFP") was advertised for the 49 potential sale of the Properties; 50 WHEREAS, Ocean Bay Homes, Inc. was one of the respondents to the 51 RFP; 52 53 WHEREAS, the APZ-1 Disposition Committee has recommended that City 54 Council declare the Properties to be in excess of the City's needs and sell the 55 Properties to Ocean Bay Homes, Inc.; 56 57 WHEREAS, Ocean Bay Homes, Inc. will build a new single-family home 8 on each Property to prescribed standards acceptable to the City, including elevated 59 noise attenuation standards, and will thereafter convey the improved Property to an 60 owner -occupant; 61 62 WHEREAS, Ocean Bay Homes, Inc. will purchase the Properties in 63 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 64 hereof: 65 66 WHEREAS, the City Council is of the opinion that the property is in excess 67 of the needs of the City of Virginia Beach. 68 69 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY -70 OF VIRGINIA IBEACH, VIRGINIA: 71 -72 That the Properties located at (1) 212 Gatewood Avenue; (2) 1512 New 73 York Avenue together with Y2 of 1516 New York Avenue; (3) 1520 New York Avenue 74 together with ,112 0' of 1516 New York Avenue; (4) 1548 Ohio Avenue; (5) 308 N. Oceana 75 Boulevard; (6) 2248 London Street; (7) 2216 Reuben Street; and (8) 2217 Reuben '76 Street are hereby declared to be in excess of the needs of the City of Virginia Beach 77 and that the City Manager is hereby authorized to execute any documents necessary to 78 convey the Properties to Ocean Bay Homes, Inc., in substantial conformity with the 79 Summary of Terms attached hereto as Exhibit B and such other terms, conditions or 80 modifications as are deemed necessary and sufficient by the City Manager and in a 81 form deemed satisfactory by the City Attorney. 82 83 Further, that the revenue from the sale of the Properties in the amount of 84 $320,500 shall be received and appropriated to the Oceana and ITA Conformity and 85 Acquisition Project (CIP 9-060) and the City Manager shall thereafter refund the 86 Commonwealth's portion of such revenue and allocate the remainder for on-going 87 expenses of the City's BRAC program, but such appropriation shall not increase the 88 City's $7.5 million annual acquisition commitment. 89 90 This ordinance shall be effective from the date of its adoption. 91 92 Adopted by the Council of the City of Virginia Beach, Virginia, on the 93 day of , 2009. R-1 2/26/2009 CA -10995 V:\applications\citylawprod\cycom32\Wpdocs\D026\P004\00004493. DOC APPROVED AS TO CONTENT lnlfd' C• +��� PuW Works lea! Fzim�-- APPROVED AS TO LEGAL SUFFICIENCY City o y solice APPROVED AS TO CONT I T Management Services EXHIBIT A 212 Gatewood Ave WIN 2407-03-40601 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 16, as shown on the plat Entitled "Revised Plat Gatewood Park", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to City of Virginia Beach, by deed of John C. Cutrell and John C. Cutrell, Trustee, dated June 12, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070628000874700. 1512 & % 15116 New York Avenue (GPIN 2417-04-3750 & % 2417-04-2780) ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 10 and Y2 of Lot 9, in Ellock "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1520 New York_ Ave & % 1516 New York Ave WIN 2417-04-2629 & % 2417-04-27801 ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 8 and Y2 of Lot 9, in Block "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1548 Ohio Avenue (GPIN: 2407-95-7225 (Parcel One) & 2407-95-6272 (Parcel Two) GPIN: 2407-95-7225: All that certain lot, piece or parcel of land located at Oceana Gardens, Virginia Beach, (formerly Princess Anne County), Virginia, known, numbered and designated as the Southern one-half (1/2) of Lot Six (6), in Block Ten (10) of the Plat of Oceana Gardens, said half of lot fronting Sixty (60) feet on Ohio Avenue and running back between parallel lines One Hundred, Twenty-five (125) feet to the Northern half of said lot. GPIN 2407-95-6272: All that certain fourth of lot, piece or parcel of land located at Oceana Gardens, Virginia Beach 9formerly Princess Anne county), Virginia, and known, numbered and designated as the Eastern one-half (1/2) of the Southern one-half (1/2) of Lot five 95) in Block Ten (10) of the plat of Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach (formerly Princess Anne County), Virginia; the said property hereby conveyed, taken as a whole, fronts thirty (30) feet on Ohio Avenue and extends back between parallel lines One Hundred, Twenty-five (125) feet. IT BEING the same property conveyed to the City of Virginia Beach, Virginia by deed from Dalton E. Midgett and Peggy J. Midgett, husband and wife, dated December 10, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 20071217001659640. 308 N. Oceana Boulevard (GPIN 2417-06-6161 & 2417-06-6116) GPIN: 2417-06-6161 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in LYNNHAVEN BOROUGH, in the City of VIRGINIA BEACH, VIRGINIA, shown on plat entitled, "Property of Kenneth Cruiser, Located in Oceana Gardens - Princess Anne Co., VA., Scale 1" = 100', April 8, 1947, W. B. Gallup -County Surveyor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, 'Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: 13EGINNING at a stake in the Eastern side of East Lane, which stake is distant one hundred and fifty (150) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard; thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred and fifty feet (150) to a point; thence in a Northerly direction and parallel With East Lane, a distance of fifty (50) feet to a point; thence in -a Westerly direction and parallel with Virginia Beach Boulevard, one hundred and fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of Fast Lane in a Southerly direction fifty (50) feet to the point of beginning. GPIN: 2417-06-6116 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in LYNNHAVEN BOROUGH, in the City of Virginia Beach, Virginia, shown on plat entitled "Property of Kenneth Cruiser, Located in Oceana Gardens - Princess Anne Co., VA., Scale 1" = 100' April 8, 1947, W. B. Gallup -County Surveyor', which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: BEGINNING at a stake in the Eastern side of East Lane, which stake is distant two hundred (200) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard, thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a point; thence in a Northerly direction and parallel with East Lane, a distance of twenty-five (25) feet to a point; thence in a Westerly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of East Lane in a :southerly direction twenty-five (25) feet to the point of the beginning. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Nina F. Treiber, dated March 19, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080327000347240. 2248 London Street (GPIN 2407-02-1454) ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 43, as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK, VIRGINIA BEACH, VIRGINIA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 25, at Page 87 and in Map Book 34, at Page 16; reference to which plat is hereby made for a more particular description of said property. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Andrew R. Howerin and Tatsiana Baikova dated February 13, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070305000297790. 2216 Reuben Street (GPIN 2407-03-7090 and 2407-02-7935) ALL THOSE certain lots, pieces, or parcels of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot Twelve (12) and Thirteen (13) as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Geary H. Groman and Patricia A. Groman dated May 24, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070629000882390. 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) GPIN: 2407-02-8738 ALL THAT certain lot, tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated on a plat made by W.B. Gallup, County Surveyor, designated "Gatewood Park Extended", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 16, (erroneously referred to in Deed Book 2503 at Page 1570 as "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87), as Lot Numbered Thirty-three (33), more particularly bounded and described by reference to said plat, to which reference is hereby made. (PIN: 2407-02-7758 ALL THAT certain lot, tract, piece or parcel of land with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Eteach, Virginia, known and numbered and designated on a plat, made by W.B. Gallup, County Surveyor, July 1, 1947, designated "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 15, as Lot numbered Thirty- Nvo (32), more particularly bounded and described by reference to said plat, to which reference is hereby made and also as shown on the Revised Plat of Gatewood Park Extended recorded in the aforesaid Clerk's Office in Map Book 34, at page 16. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Cathy P. Lightfoot a/k/a Cathy P. Wilkinson dated April 21, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080507000530700. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 212 GATEWOOD AVE, 1512 NEW YORK AVE, 1516 NEW YORK AVE, 1520 NEW YORK AVE, 1548 OHIO AVE, 308 N. OCEANA BLVD, 2248 LONDON STREET, 2216 REUBEN STREET AND 2217 REUBEN STREET SELLER: City of Virginia Beach PURCHASER: Ocean Bay Homes, Inc., a Virginia corporation PROPERTY: 1) 14,984 square feet of property generally known as 212 Gatewood Ave (GPIN 2407-03-4060); 2) 11,335 square feet of property generally known as 1512 and %2 of 1516 New York Ave (GPIN 2417-04-3750 & %2 of GPIN 2417-04-2780); 3) 11,235 square feet of property generally known as 1520 and'/2 of 1516 New York Ave (GPIN 2417-04-2629 & 1/2 of GPIN 2417-04-2780); 4) 11,373 square feet of property generally known as 1548 Ohio Ave (GPIN 2407-95-7225); 5) 11,250 square feet of property generally known as 308 N. Oceana Blvd (GPIN 2417-06-6161 & 2417-16-6116); 6) 14,971 square feet of property generally known as 2248 London Street (GPIN 2407-02-1454); 7) 28,624 square feet of property generally known as 2216 Reuben Street (GPIN 2407-03-7090 & 2407-02-7635); and 8) 13,556 square feet of property generally known as 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) More particularly described as: 212 Gatewood Ave (GPIN 2407-03-4060) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 16, as shown on the plat entitled "Revised Plat Gatewood Park", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87. IT BEING the same property conveyed to City of Virginia Beach, by deed of John C. Cutrell and John C. Cutrell, Trustee, dated June 12, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070628000874700. 1512 & % 1516 New York Avenue (GPIN 2417-04-3750 & % 2417-04-2780) ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 10 and %i of Lot 9, in Block "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1520 New York Ave & % 1516 New York Ave (GPIN 2417-04-2629 & % 2417-04- 2780) ALL THAT certain lot, piece or parcel of land, with the buildings and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 8 and %2 of Lot 9, in Block "A", on the Certain plat entitled "Oceana Terrace," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. It being the same property conveyed to the City of Virginia Beach by deed of Thornton Properties #1, L.L.C., a Virginia limited liability company, dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080411000417840. 1548 Ohio Avenue (GPIN: 2407-95-7225 (Parcel One) & 2407-95-6272 (Parcel Two) GPIN: 2407-95-7225: All that certain lot, piece or parcel of land located at Oceana Gardens, Virginia Beach, (formerly Princess Anne County), Virginia, known, numbered and designated as the Southern one-half (1/2) of Lot Six (6), in Block Ten (10) of the Plat of Oceana Gardens, said half of lot fronting Sixty (60) feet on Ohio Avenue and running back between parallel lines One Hundred, Twenty-five (125) feet to the Northern half of said lot. GPIN 2407-95-6272: All that certain fourth of lot, piece or parcel of land located at Oceana Gardens, Virginia Beach 9formerly Princess Anne county), Virginia, and known, numbered and designated as the Eastern one-half (1/2) of the Southern one-half (1 /2) of Lot five 95) in Block Ten (10) of the plat of Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach (formerly Princess Anne County), Virginia; the said property hereby conveyed, taken as a whole, fronts thirty (30) feet on Ohio Avenue and extends back between parallel lines One Hundred, Twenty-five (125) feet. IT BEING the same property conveyed to the City of Virginia Beach, Virginia by deed from Dalton E. Midgett and Peggy J. Midgett, husband and wife, dated December 10, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 20071217001659640. 308 N. Oceana Boulevard (GPIN 2417-06-6161 & 2417-06-6116) GPIN: 2417-06-6161 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in LYNNHAVEN BOROUGH, in the City of VIRGINIA BEACH, VIRGINIA, shown on plat entitled, "Property of Kenneth Cruiser, Located in Oceana Gardens -Princess Anne Co., VA., Scale 1" = 100', April 8, 1947, W. B. Gallup -County Surveyor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: BEGINNING at a stake in the Eastern side of East Lane, which stake is distant one hundred and fifty (150) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard; thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred and fifty feet (150) to a point; thence in a Northerly direction and parallel with East Lane, a distance of fifty (50) feet to a point; thence in a Westerly direction and parallel with Virginia Beach Boulevard, one hundred and fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of East Lane in a Southerly direction fifty (50) feet to the point of beginning. GPIN: 2417-06-6116 ALL THAT certain piece or parcel of land, located in OCEANA GARDENS, near Oceana, in LYNNHAVEN BOROUGH, in the City of Virginia Beach, Virginia, shown on plat entitled "Property of Kenneth Cruiser, Located in Oceana Gardens -Princess Anne Co., VA., Scale 1" = 100' Apri18, 1947, W. B. Gallup -County Surveyor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 20, Page 33, said land being more particularly bounded and described as follows: BEGINNING at a stake in the Eastern side of East Lane, which stake is distant two hundred (200) feet in a Northerly direction from the Northern boundary line of Virginia Beach Boulevard, thence in an Easterly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a point; thence in a Northerly direction and pETallel with East Lane, a distance of twenty-five (25) feet to a point; thence in a Westerly direction and parallel with Virginia Beach Boulevard, one hundred fifty (150) feet to a stake in the Eastern side of East Lane; thence along the Eastern side of East Lane in a Southerly direction twenty-five (25) feet to the point of the beginning. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Nina F. Treiber, dated March 19, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080327000347240. 2248 London Street (GPIN 2407-02-1454) ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 43, as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK, VIRGINIA BEACH, VIRGINIA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 25, at Page 87 and in Map Book 34, at Page 16; reference to w:uch plat is hereby made for a more particular description of said property. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Andrew R. Howerin and Tatsiana Baikova dated February 12', 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070305000297790. 2216 Reuben Street (GPIN 2407-03-7090 and 2407-02-7935) ALL THOSE certain lots, pieces, or parcels of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot Twelve (12) and Thirteen (13) as shown on that certain plat entitled, "REVISED PLAT OF GATEWOOD PARK", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Geary H. Groman and Patricia A. Groman dated May 24, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070629000882390. 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) GPIN: 2407-02-8738 ALL THAT certain lot, tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated on a plat made by W.B. Gallup, County Surveyor, designated "Gatewood Park Extended", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 16, (erroneously referred to in Deed Book 2503 at Page 1570 as "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 87), as Lot Numbered Thirty-three (33), more particularly bounded and described by reference to said plat, to which reference is hereby made. GPIN: 2407-02-7758 ALL THAT certain lot, tract, piece or parcel of land with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known and numbered and designated on a plat, made by W.B. Gallup, County Surveyor, July 1, 1947, designated "Gatewood Park", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 15, as Lot numbered Thirty-two (3 2), more particularly bounded and described by reference to said plat, to which reference is hereby made and also as shown on the Revised PI at of Gatewood Park Extended recorded in the aforesaid Clerk's Office in Map Book 34, at page 16. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Cathy P. Lightfoot a/k/a Cathy P. Wilkinson dated April 21, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080507000530700. SALE PRICE: $43,500 (212 Gatewood Ave) $37,000 (1512 & % of 1516 New York Ave) $37,000 (1520 & % of 1516 New York Ave) $44,500 (1548 Ohio Ave) $33,500 (308 N. Oceana Blvd) $40,000 (2248 London Street) $42,500 (2216 Reuben Street) $42,500 (2217 Reuben Street) $320,500 CONDITIONS OF SALE • Properties are purchased "As Is, Where Is." • Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner -occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the properties with a plat restriction limiting each site to the development of one single-family dwelling unit, in perpetuity. • B uyer shall construct one single-family dwelling on each site, in a style that substantially matches the style approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Property, if more than one lot, to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) per Building Site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation, to include: o Roofing- Thicker, denser roof shingles with a 40 year warranty. o Attic- R-40 sound attenuation rated insulation at ceiling joist or bottom cord of truss. o Framing- 2 x 6 studs and plates or staggered 2 x 4 studs on 2 x 6 plates at exterior. o Insulation ■ Exterior Walls- R-19 rated batts or 2 inch rigid foam. ■ Interior Walls- Insulate each interior wall with R-13 rated batts. o Windows- Triple glazed vinyl or vinyl clad windows, properly caulked. o Doors- Solid insulated metal doors with storm doors if approved by each door manufacturer. o Foundation — Insulated concrete slab foundation is preferred. If a raised foundation with an unconditioned crawlspace is used, seal all penetrations through the foundation walls i.e. electrical, plumbing, HVAC, etc. and insulate foundation access with rigid insulation. o Floors — Insulate floors over unconditioned crawlspaces with R-30 rated batt insulation. Seal all penetrations through floors i.e. electrical, plumbing, HVAC, etc. o Exhaust fans — Use ductless kitchen exhaust range hood with electric cooking appliances. o Dryer Vents — Route vents through crawl space and exit to the exterior through the foundation wall. o Sealing and Caulking - Seal and/or caulk all exterior and interior wall penetrations through exterior walls including but not limited to those for: electrical, plumbing, HVAC, all wall/floor junctures where sheetrock meets sub -flooring and along entire base and top plates. Seal all penetrations through floors i.e. electrical, plumbing, HVAC, etc V:\applicationAcitylawprodcycom3ZWpdocs\DO08\POOZOO000499.DOC CITY COUNCIL ACTION TRANSMITTAL FORM PART I (FOR APPROWAUCONCURRENCE) February 23, 2009 1. Subject/Title/Name: An Ordinance declaring the properties located at 212 Gatewood Ave (GPIN 2407-03-4060); 1512 New York Ave (GPIN 2417-04-3750) together with % of 1516 New York Ave (GPIN 2417-04-2780); 1520 New York Ave (GPIN 2417-04-2629) together with'/ of 1516 New York Ave (GPIN 2417-04-2780);1548 Ohio Ave (GPIN 2407-95-7225); 308 N. Oceana Blvd (GPIIN 2417-06-6161 & 2417-16-6116); 2248 London Street (GPIN 2407-02-1454); 2216 Reuben Street (GPIN 2407-03-7060 & 2407-02-7635); and 2217 Reuben Street (GPIN 2407-02-8738 & 2407-02-7758) to be in excess of the City's needs, and authorizing the City Manager to sell the properties to Ocean Bay Homes, Inc. 2. Scheduled Council Date: March 10, 2009 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: ❑ Urgent? (Explain why) 5. COORDINATION/APPROVAL: Department Phil A. Davenport, Public Warks, Admin PhD (Based on Agenda Request Schedule) Date zj--�?YjP7 Receiving Departments/,Agencies: Complete Action Requested (below) and return transmittal form with signature of approving official in this box to requesting department. This approval constitutes department/agency head) approval of this issue. 6. Action Requested: (check off or fill in requested action) X Review/Approval ❑ Ordinance/Resolution Preparation ❑ Other (explain) 7. Agenda Issue Manager:(Name/Dept/Phone) Jackie Roles, PW Real Estate @ 416' PART II (FOR TRANSMITTAL TO THE CITY MANAGER) February 23, 2009 To: City Manager Submitted By: (Department for approval E. Cosby, Directors tment of Public Works,�C�l 223 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 113 Middle Lane; 224 Middle Lane together with 230 Middle Lane; and 1545 Ohio Avenue to be in excess of the City's needs and authorizing the City Manager to sell the properties to Murray Homes, Inc. MEETING DATE: March 10, 2009 ■ Background: The City acquired 113 Middle Lane, 224 Middle Lane, 230 Middle Lane, and 1545 Ohio Avenue as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the four parcels were developed with either single-family homes or duplexes. All of the properties were in severe disrepair and were demolished. The APZ-1 Disposition Committee has evaluated the properties and determined that it would be preferable to keep these properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceana Gardens). At the same time, density is being reduced through the merger of adjacent parcels and the requirement that only single-family development be permitted. Three (3) building sites will be created for single-family development: (1) 113 Middle Lane; (2) 224 Middle Lane together with 230 Middle Lane; and (3) 1545 Ohio Avenue. A Request for Proposal (the "RFP") including these three (3) building sites was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. The partnership of Murray Homes, Inc. and Richardson Homes, Inc. (collectively, "Murray") was selected to develop the sites. ■ Considerations: Murray will be required to construct with enhanced noise attenuation. The Planning Department has reviewed the proposed building plans and has approved the proposed construction, finding that it will be consistent with the look and feel of the surrounding neighborhood. The proposed sale of these sites to Murray was approved by the Oceana Land Use Conformity Committee. If the City retains these properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ■ Public Information: Advertisement of City Council Agenda ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached! Summary of Terms. ■ Revenue restriction: The City funded the acquisition of the properties through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. The proceeds from the sale will be deposited into the Oceana and ITA Conformity and Acquisition Project (CIP 9-060) and fifty percent (50%) of the proceeds will be paid to the Commonwealth. ■ Attachrrients: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public City Manager: Estate �O 1 2 AN ORDINANCE DECLARING THE 3 PROPERTIES LOCATED AT 113 MIDDLE LANE; 4 224 MIDDLE LANE TOGETHER WITH 230 5 MIDDLE LANE; AND 1545 OHIO AVENUE TO 6 BE IN EXCESS OF THE CITY'S NEEDS AND 7 AUTHORIZING THE CITY MANAGER TO SELL 8 THE PROPERTIES TO MURRAY HOMES, INC. 9 10 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 13 certain parcels of land located at (1) 113 Middle Lane (GPIN 2407-94-9449); (2) 224 14 Middle Lane (GPIN 2417-05-1302) together with 230 Middle Lane (GPIN 2417-05- 15 1308); and (3) 1545 Ohio Avenue (GPIN 2407-95-7191) (the "Property", individually, or 16 the "Properties", collectively), more particularly described on Exhibit "A" attached hereto 17 and made a part hereof; 18 19 WHEREAS, the City acquired the Properties pursuant to the APZ-1 20 Acquisition Program; 21 22 WHEREAS, the City funded the acquisition of the Properties through a 23 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 24 contributing fifty percent (50%) of the funds; 25 26 WHEREAS, the Properties are in the midst of other residences and at the 27 time of acquisition were improved with residential dwellings, which were demolished 28 due to their poor condition; 29 30 WHEREAS, City Council has elected to allow the reconstruction of a 31 single-family home of each of the three Properties in order to maintain the integrity of 32 the neighborhood; and 33 34 WHEREAS, each such reconstruction is a grandfathered nonconforming 35 use allowed under current zoning law; 36 37 WHEREAS, the re -development of the Properties will be at a lesser 38 density than the original use of the Properties; 39 40 WHEREAS, a Request for Proposal ("RFP") was advertised for the 41 potential sale of the Properties; 42 43 WHEREAS, the partnership of Murray Homes, Inc., and Richardson 44 Homes, Inc. ("Murray") was one of the respondents to the RFP; 45 46 WHEREAS, the APZ-1 Disposition Committee has recommended that City 47 Council declare the Properties to be in excess of the City's needs and sell the 48 Properties to Murray; 49 50 WHEREAS, Murray will build a new single-family home on each Property 51 to prescribed standards acceptable to the City, including elevated noise attenuation 52 standards, and will thereafter convey the improved Property to an owner -occupant; 53 54 WHEREAS, Murray will purchase the Properties in accordance with the 55 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 56 57 WHEREAS, the City Council is of the opinion that the property is in excess 58 of the needs of the City of Virginia Beach. 59 60 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 61 OF VIRGINIA BEACH, VIRGINIA: 62 63 That the Properties located at (1) 113 Middle Lane (GPIN 2407-94-9449); 64 (2) 224 Middle Lane (GPIN 2417-05-1302) together with 230 Middle Lane (GPIN 2417- 65 05-1308); and (3) 1545 Ohio Avenue (GPIN 2407-95-7191) are hereby declared to be in 66 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 67 authorized to execute any documents necessary to convey the Properties to Murray, in 68 substantial conformity with the Summary of Terms attached hereto as Exhibit B and 69' such other terms, conditions or modifications as are deemed necessary and sufficient 70 by the City Manager and in a form deemed satisfactory by the City Attorney. 71 72 Further, that the revenue from the sale of the Properties in the amount of 73 $110,000 shall be received and appropriated to the Oceana and ITA Conformity and 74 Acquisition Project (CIP 9-060) and the City Manager shall thereafter refund the 75 Commonwealth's portion of such revenue and allocate the remainder for on-going 76 expenses of the City's BRAC program, but such appropriation shall not increase the 77 City's $7.5 million annual acquisition commitment. 78 79 This ordinance shall be effective from the date of its adoption. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 82 day of _ , 2009. R-1 2/23/2009 CA10782 V:\applications\citylawrirod\cycom32\Wpdocs\D008\P007\00000609. DOC APPROVED AS TO CONTENT rl M APPROVED OWTO LEGAL SUFFICIENCY City A orrFy's O ice APPROVED AS TO CONT NT Management Services EXHIBIT A 113 Middle Lane (GPIN: 2407-94-9449) ALL THAT certain lot, tract or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being at Oceana, in Lynnhaven borough, in the City of Virginia Beach, State of Virginia, bounded and described with reference to a plat of Oceana Gardens, as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51, as follows, to -wit: BEGINNING at the southwest intersection of Middle Lane and New York Avenue; running thence westwardly along the south side of New York Avenue 120 feet; thence southwardly and parallel with Middle Lane 125 feet; thence eastwardly and parallel with New York Avenue 120 feet; and thence northwardly along the west side of Middle Lane 125 feet to the point of beginning; being the Northern half of Lots Numbers Nine (9) and Ten (10), in Block Five (5), as shown on the aforementioned plat. IT BEING the same property conveyed to City of Virginia Beach, by deed of Hazel A. Bentley, dated December 6, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20071214001652770. 224 Middle Lane (GPIN: 2417-05-1302) & 230 Middle Lane (GPIN: 2417-05-1308) 224 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. IT BEING the same property conveyed to City of Virginia Beach, by deed of Evelyn M. Field, dated January 18, 2008 and recorded in the aforesaid Clerk's Office as Instrument No.20080204000128400. 230 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. IT BEING the same property conveyed to City of Virginia Beach, by deed of Michael Hughes and Jacqueline Hughes, dated April 21, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080502000513300. 1545 Ohio Avenue IGPIN: 2407-95-71911 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered, and designated as the northern '/ of Lot 7, Block 9 (erroneously referred in deed as Block B) on the Plat of Oceana Gardens and on the southern line of Ohio Avenue and running back between parallel lines 125' which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51. IT BEING the same property conveyed to City of Virginia Beach, by deed of Earl E. Wise, Jr. and Mary Ann Wise, dated January 30, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080131000113720. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 113 MIDDLE LANE; 224 MIDDLE LANE TOGETHER WITH 230 MIDDLE LANE; AND 1545 OHIO AVENUE SELLER: City of Virginia Beach PURCHASER: Murray Homes, Inc., a Virginia corporation. PROPERTY: 1) 15,000 square feet of property generally known as 113 Middle Lane (GPIN: 2407-94-9449); 2) 19,067 square feet of property generally known as 224 & 230 Middle Lane (GPIN: 2417-05-1302 & 2417-05-1308); and 3) 7,336 square feet of property generally known as 1545 Ohio Avenue (GPIN: 2407-95-7191) More particularly described as: 113 Middle Lane (GPIN: 2407-94-9449) ALL THAT certain lot, tract or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being at Oceana, in Lynnhaven borough, in the City of Virginia Beach, State of Virginia, bounded and described with reference to a plat of Oceana Gardens, as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51, as follows, to -wit: BEGINNING at the southwest intersection of Middle Lane and New York Avenue; running thence westwardly along the south side of New York Avenue 120 feet; thence southwardly and parallel with Middle Lane 125 feet; thence eastwardly and parallel with New York Avenue 120 feet; and thence northwardly along the west side of Middle Lane 125 feet to the point of beginning; being the Northern half of Lots Numbers Nine (9) and Ten (10), in Block Five (5), as shown on the aforementioned plat. IT BEING the same property conveyed to City of Virginia Beach, by deed of Hazel A. Bentley, dated December 6, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20071214001652770. 224 Middle Lane (GPIN: 2417-05-1302) & 230 Middle Lane (GPIN: 2417-05-1308) 224 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. I1' BEING the same property conveyed to City of Virginia Beach, by deed of Evelyn M. Field, dated January 18, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080204000128400. 230 Middle Lane ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 17 & 18, as shown on that certain plat entitled, "Hillcrest" (erroneously referred to as "Hillcrest Forest"), said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. IT BEING the same property conveyed to City of Virginia Bach, by deed of Michael Hughes and Jacqueline Hughes, dated A-,pril 21, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080502000513300. 1545 Ohio Avenue (GPIN: 2407-95-7191) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered, and designated as the northern of Lot 7, Block 9 (erroneously referred in deed as Block B) on the Plat of Oceana Gardens and on the southern line of Ohio Avenue and running back between parallel lines 125' which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 51. IT BEING the same property conveyed to City of Virginia Beach, by deed of Earl E. Wise, Jr. and Mary Ann Wise, dated January 30, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080131000113720. SALE PRICE: $40,000 (113 Middle Lane) $40,000 (224 & 230 Middle Lane) $30,000 (1545 Ohio Avenue) $110,000 CONDITIONS OF SALE • Properties are purchased "As Is, Where Is." • Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner -occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the properties with a plat restriction limiting each site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each site, in a style that substantially matches the style approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Property, if more than one lot, to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) per Building Site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation, to include: o Roofing- Thicker, denser roof shingles with a 40 year warranty. o Attic- R-40 sound attenuation rated insulation at ceiling joist or bottom cord of truss. o Framing- 2 x 6 studs and plates or staggered 2 x 4 studs on 2 x 6 plates at exterior. o Insulation ■ Exterior Walls- R-19 rated batts or 2 inch rigid foam. ■ Interior Walls- Insulate each interior wall with R-13 rated batts. o Windows- Triple glazed vinyl or vinyl clad windows, properly caulked. o Doors- Solid insulated metal doors with storm doors if approved by each door manufacturer. o Foundation — Insulated concrete slab foundation is preferred. If a raised foundation with an unconditioned crawlspace is used, seal all penetrations through the foundation walls i.e. electrical, plumbing, HVAC, etc. and insulate foundation access with rigid insulation. o Floors — Insulate floors over unconditioned crawlspaces with R-30 rated batt insulation. Seal all penetrations through floors i.e. electrical, plumbing, HVAC, etc. o Exhaust fans — Use ductless kitchen exhaust range hood with electric cooking appliances. o Dryer Vents — Route vents through crawl space and exit to the exterior through the foundation wall. o Sealing and Caulking - Seal and/or caulk all exterior and interior wall penetrations through exterior walls including but not limited to those for: electrical, plumbing, HVAC, all wall/floor junctures where sheetrock meets sub -flooring and along entire base and top plates. Seal all penetrations through floors i.e. electrical, plumbing, HVAC, etc V:\applicationAcitylawl)rodcycom3ZWpdocs\DO08\PO07\00000499.DOC CITY COUNCIL ACTION TRANSMITTAL FORM PART I (FOR APPROVAUCONCURRENCE) February 23, 2009 1. Subject/Title/Name: An Ordinance declaring the properties located at 113 Middle Lane (GPIN 2407-94-9449); 224 Middle Lane (GPIN 2417-05-1302) together with 230 Middle Lane (GPIN 2417-05-1308); and 1545 Ohio Avenue (GPIN 2407-95-7191) to be in excess of the City's needs and authorizing the City Manager to sell the properties to Murray Homes, Inc. 2. Scheduled Council Date: March 10, 2009 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: ❑ Urgent? (Explain why) 5. COORDINATION/APPROVAL: Department Phil A. Davenport, Public Works, Admin PAD (Based on Agenda Request Schedule) Date ZLf) °% Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with signature of approving official in this box to requesting department. This approval constitutes department/agency head approval of this issue. 6. Action Requested: (check off or fill in requested action) X Review/Approval ❑ Ordinance/Resolution Preparation ❑ Other (explain) 7. Agenda Issue Manager:(Name/Dept/Phone) Jackie Roles, PW Real Estate @ 4161 PART II (FOR TRANSMITTAL TO THE CITY MANAGER) February 23, 2009 To: City Manager Submitted By: (Department for 169±1 S 6t.0 "At" lason E. Cosby, Dii6ctor Department of Public Works k Z s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the City Manager to execute (i) Management Agreements for the Operation and Management of the Sportsplex and the United States Field Hockey National Training Center; and (ii) a Ground Lease and an Option Agreement for the Construction of a Retail Center adjacent to the Sportsplex MEETING DATE: March 10, 2009 ■ Background: On October 4, 2007, City Council issued its Request for Statements of Interest and Qualifications Virginia Beach Sportsplex seeking qualified applicants to enter into a public-private partnership to design, construct and operate new indoor and outdoor sports facilities and associated sports service facilities (the "RFI"). Among the responsive applicants was Hometown Hero's Sports, LLC ("HHS"). City Council directed staff to attempt to finalize negotiations with the principals of HHS for the management of the existing Sportsplex and United States Field Hockey National Training Center ("USFH"), and the ground lease of property for the construction of a sports -themed retail center on property adjacent to the Sportsplex. Representatives from Hometown Sports Management, LLC, and Sportsplex Commons, LLC, each affiliated entities of HHS, have worked with the City Manager and City staff to develop non-binding term sheets for the management and operation of the Sportsplex and USFH (the "Management Agreements"). The parties have also developed a non- binding term sheet for the ground lease for construction of a retail center adjacent to the Sportsplex (the "Retail Lease"). The retail center will be between 50,000 and 100,000 square feet and be limited to sports -related and office uses. Sportsplex Commons, LLC will have a five-year option, at no cost to Sportsplex Commons, LLC, to begin construction on the retail center prior to the Retail Lease taking effect, as set forth in an Option Agreement. City Council approved the term sheets for the Management Agreements and Retail lease at their February 3, 2009 meeting. Copies of the proposed Management Agreements, the Retail Lease and the Option Agreement have been provided to City Council prior to their March 10, 2009 meeting. ■ Considerations: Both the Sportsplex and USFH have been operated by the City at a loss fir several years. One of the goals of the RFI was to locate a private operator for those facilities and relieve the City of the ongoing financial losses. As a part of the operation of the Sportsplex and USFH, Hometown Sports Management, LLC ("HSM") will make substantial improvements to those facilities, including the installation of an artificial turf field at the Sportsplex. These improvements will allow greater use of the Sportsplex and USFH, and should increase revenues generated by both facilities. On February 3, 2009, City Council approved the lease of approximately 13.6 acres , with an option to lease an additional 23.6 acres to Virginia Beach Field House, L.LC. (a co-respondent to the RFI with HHS) for the construction of an indoor field house adjacent to the existing Sportsplex and across the parking lot from the location of the property to be leased for the retail center. ■ Public Information: Advertisement of Public Hearing, held February 24, 2009, and Advertisement of City Council Agenda. ■ Alternatives: Approve the proposed Management Agreements, Retail Lease and Option Agreement as presented, alter the proposed terms, or decline to enter into the Management Agreements, Retail Lease and Option Agreement. ■ Recommendations: Approval ■ Attachments: Ordinance Location Map (Exhibit A) Sportsplex Management Agreement Term Sheet (3/10/09) USFH Management Agreement Term Sheet (3/10/09) Sportsplex Retail Center Option and Ground Lease Term Sheet (3/10/09) Submitting Department/Agency: Parks & Recreation City Manager:,;C�� 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER a TO EXECUTE (i) MANAGEMENT AGREEMENTS FOR THE 3 OPERATION AND MANAGEMENT OF THE SPORTSPLEX 4 AND THE UNITED STATES FIELD HOCKEY NATIONAL 5 TRAINING CENTER; AND (ii) A GROUND LEASE AND AN 6 OPTION AGREEMENT FOR THE CONSTRUCTION OF A 7 RETAIL CENTER ADJACENT TO THE SPORTSPLEX 9 WHEREAS, On October 4, 2007, City Council issued its Request for Statements 10 of Interest and Qualifications Virginia Beach Sportsplex seeking qualified applicants to 11 enter into a public-private partnership to design, construct and operate new indoor and 12 outdoor sports facilities and associated sports service facilities (the "RFI"); 13 14 WHEREAS, Hometown Hero's Sports, LLC ("HHS") responded to the RFI, and 15 City Council directed staff to attempt to finalize negotiations with the principals of HHS 16 for (i) the management of the existing Sportsplex and United States Field Hockey 17 National Training Center facilities, and (ii) a ground lease of property for the 18 construction of a sports -related retail center on 7.1 acres of City -owned property 19 adjacent to the Sportsplex; 20 21 WHEREAS, representatives from Hometown Sports Management, LLC, and as Sportsplex Commons, LLC, each affiliated entities of HHS, have worked with the City 23 Manager and City staff to develop non-binding term sheets for the management and 24 operation of the Sportsplex and United States Field Hockey National Training Center, 25 each dated January 27, 2009 (collectively the "Management Agreement Term Sheets"), 26 and a Term Sheet for an option agreement and ground lease for the construction of a 27 retail center adjacent to the Sportsplex, also dated January 27, 2009 (the "Retail Center 28 Term Sheet", and collectively with the Management Agreement Term Sheets, the "Term 29 Sheets"); 30 31 WHEREAS, the Term Sheets were approved by City Council at its February 3, 32 2009 meeting by Ordinance ORD3065M; 33 34 WHEREAS, as set forth in the Term Sheets, Hometown Sports Management, 35 LLC would take over the management and operation of the Sportsplex and United 36 States Field Hockey National Training Center, and Sportsplex Commons, LLC would 37 receive a five-year option to lease approximately 7.1 acres of property adjacent to the 38 Sportsplex for the purpose of constructing a retail center; 39 40 WHEREAS, a location map showing the property to be subject to the 41 Management Agreements as "Sportsplex Area" and "USFH Area", and the property to 42 be leased for the retail center as "Retail Center Area" is attached hereto as Exhibit A; 43 and 44 45 WHEREAS, the City Council finds that the actions contemplated by the Term 46 Sheets will further the goals identified in the RFI and promote the Athletic Village at 47 Princess Anne Commons. 48 49 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BE=ACH, VIRGINIA: 51 52 1. That the City Manager is hereby authorized to execute management 53 agreements for the management and operation of approximately 65 acres of property 54 consisting of the Sportsplex and the United States Field Hockey National Training 55 Center (the "USFH"), as shown on Exhibit A attached hereto and made a part hereof, 56 for the term of sixteen years with Hometown Sports Management, LLC in accordance 57 with the Sportsplex Management Agreement Tenn Sheet and the USFH Term Sheet, 58 each attached hereto as Exhibits B and C, which summarize the proposed Management 59 Agreements previously provided to City Council, and such other terms and conditions 60 deemed necessary and sufficient by the City Manager and in a form deemed 61 satisfactory by the City Attorney; 62 63 2. That the City Manager is hereby authorized to execute an option 64 agreement and a lease for 7.1 acres as shown on Exhibit A attached hereto and made 65 a part hereof, for the construction and operation of a retail center, for a total term of forty 66 years with Sportsplex Commons, LLC, in accordance with the Sportsplex Retail Center 67 Option and Ground Lease Term Sheet, attached hereto as Exhibit D, which summarizes 68 the proposed option agreement and lease previously provided to City Council, and such 69 other terms and conditions deemed necessary and sufficient by the City Manager and in 70 a form deemE!d satisfactory by the City Attorney; 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 73 of , 2009. APPROVED AS TO CONTENT 111 -a -le WIN CA -10990 V :\applications\citylawpro&cyrom32\Wpdocs\DOI IT005\00003288.DOC R-1 3/3/09 APPROVED AS TO SUFFICIENCY ANC City Attorney ON t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary property known as Lake Rudee located Avenue, Virginia Beach, Virginia, for Virginia, Inc., a Virginia corporation MEETING DATE: March 10, 2009 Encroachments into a portion of City at the rear of 232, 236 and 240 Indian property owner Home Associates of ■ Background: Home Associates of Virginia, Inc., a Virginia corporation, has requested permission to construct and maintain wooden piers upon a portion of the City's property known as Lake Rudee, located at the rear of 232, 236 and 240 Indian Avenue, Virginia Beach, Virginia, identified respectively as GPINS: 2417-91- 0713, 2417-81-9777 and 2417-81-9861. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments and permits issued by the City in Lake Rudee that date from several decades ago, some of these encroachments, but not all, have encroachment agreements filed with the City. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 10 -foot -wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline, adjoining Lots 2 and 3 of the applicant's property and a variable width, vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining Lot 1 is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The Department of Planning/Environmental Management Center has determined that the applicant shall make a FOUR HUNDRED AND FIFTEEN DOLLAR ($415.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the reduction in the typically required 15 -foot -wide riparian buffer area that cannot be established on Lot 1 of the applicant's property. This payment will be used to restore buffer areas on other City -owned property. The applicant has submitted a plan for establishing the vegetated riparian buffers across lots 1, 2 and 3 that has been reviewed and approved by the Department of Planning/Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plats, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estat&V City Manager: ��,� I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE RUDEE 7 LOCATED AT THE REAR OF 232, 236 8 AND 240 INDIAN AVENUE, VIRGINIA 9 BEACH, VIRGINIA, FOR PROPERTY 10 OWNER HOME ASSOCIATES OF 11 VIRGINIA, INC., A VIRGINIA 12 CORPORATION 13 14 WHEREAS, HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, 15 desires to construct and maintain three (3) wooden piers upon a portion of the City's 16 property known as Lake Rudee, located at the rear of 232, 236 and 240 Indian Avenue, 17 in the City of Virginia Beach, Virginia. 18 19 WHEREAS, Pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 20 amended, City Council may authorize temporary encroachments upon the City's 21 property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Home Associates of Virginia, 27 Inc., its assigns and successors in title, are authorized to construct and maintain a 28 temporary encroachments consisting of piers upon a portion of the City's property 29 known as Lake Rudee as shown on the map marked ENCROACHMENT EXHIBIT "A" 30 and entitled: "HAV, INCORPORATED 232, 236 & 240 INDIAN AVENUE VIRGINIA 31 BEACH, VA 23451," a copy of which is on file in the Department of Public Works. Said 32 exhibit plat consists of three (3) sheets, copies of which are attached hereto as Exhibit 33 "A" and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Home Associates of Virginia, Inc., a Virginia corporation (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as Home Associates of Virginia, Inc., a Virginia corporation and the City Manager 45 or his authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of .2009. CA -10988 V:\applications\citylowprod\(:ycom32\W pdocs\DOt 0\MO4\00003096.DOC R-1 PREPARED: 02/10/2009 APPROVED AS TO CONTENTS 1 PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM DAN . H EYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this / V day of flQ2J Ak' , 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HOME ASSOCIATES OF VIRGINIA, INC., a Virginia Corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lot 1, Lot 2 and Lot 3", as shown on that certain plat entitled: "SUBDIVISION OF LOT A, BLOCK 69 SHADOW LAWN HEIGHTS (M.B. 302, PG. 10) VIRGINIA BEACH, VIRGINIA JUNE 24, 2008" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081027001249400, and being further designated, known, and described as 232 Indian Avenue, 236 Indian Avenue and 240 Indian Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain wooden piers, the "Temporary Encroachment', in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and GPIN: 2417-91-0713-0000; (Lot 1, 232 Indian Avenue) GPIN: 2417-81-9777-0000; (Lot 2, 236 Indian Avenue) GPIN: 2417-81-9861-0000; (Lot 3, 240 Indian Avenue) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT "A" HAV, INCORPORATED 232, 236 & 240 INDIAN AVENUE VIRGINIA BEACH, VA 23451," Said exhibit plat consists of three (3) ;sheets, copies of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all cost:3 and expenses of such removal. It is Further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall defend, indemnify, and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specked herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintairo, the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline adjoining lots two (2) and three (3) and a fifteen (15) feet buffer reducing to five (5) feet, adjoining lots one (1) and two (2), and shall run the entire length of the shoreline, as shown on the aforesaid attached Exhibit "A", and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the 3 Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined solely by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. The Grantee shall, in addition, make a FOUR HUNDRED AND FIFTEEN DOLLAR ($415.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the reduction in the riparian buffer area that cannot be established on the property of the Grantee. Said payment is equal to the cost of plant material that would have been required on the lots in order to establish the full fifteen (15) feet of riparian buffer restoration required for shoreline encroachments as a standard condition of the City. Said payment will be used to restore buffer areas on other City owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to cant' comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Home Associates of Virginia, Inc. a Virginia Corporation, the said Grantee has caused this Agreement to be executed in its corporate name and on its behalf by Robert L. Prodan, II, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: IN Notary Public (SEAL) Home a Vird LIM Isociates of Virginia, Inc., I rporation (SEAL) rtrodan, II, President STATE OF V I2 9IA" /9- CITY/COUNTY OF�6k 0 W19 E1 to -wit: The foregoing instrument was acknowledged before me this %7 day of FZ"Z&1W , 2009, by Robert L. Prodan, II, President of Home Associates of Virginia, Inc., a Virginia Corporation. (SEAL) Notary PWbfic Notary Registration Number:,&23 '757 PTIA R' NOTARY PUBLIC Commonwealth of Virginia M Commission Expire r� �� Reg' #323757 My p My Commission Expires Feb. 28, 2011 APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM AN . H M YER, ASSISTANT CITY ATTORNEY 7 t W w ♦ w • r � r . .. w w .+ ♦ . r a r Y + • 'r r• s r Y W w +r ► Y ► >*, L1 1fFC13, r t • r ♦ r.,t_ r IJj((� 4, Y- . ,. >*, LG7 S(lu. S .. Qty' 2117- -07i] GWO 1 2#17- 1 3 PROPiOSW PIERS 232.286 a 240 INDUIN AVI=II TWO 6' WDE X 16' LONG OPON 31LE TPABER PIERS LEADW TO AN,I8' X IV " L ! 6rAD PLATFORM AT9W On> LO`tS 2 B3. O.NE 11) S' WIDE X 24' LONG OPEN -PILE TIMI PER LEADING TO AN B' X 16"'L" HEAL) PLA1 FORM AT END ON LOT 1. E NICROACHMI RXHbBTT "A" FPROPOSEDPtERS tN IUMENTID5r.5 Y PURPOSE. ACCESS 20m0616m7D9m HAV.INGORPaRATED OATUM: HAVO $6 III BOOK: 302 PAGE: 10 232.235 8.240 INDIAN AVENUE REVISED. 12-0248 VIRGINIA BEACH, VA 23461 DATE: 0#14848 SHEET N01 OF 3 L1 1fFC13, L5 LG7 S(lu. S .. Qty' 2117- -07i] GWO 1 2#17- 1 3 PROPiOSW PIERS 232.286 a 240 INDUIN AVI=II TWO 6' WDE X 16' LONG OPON 31LE TPABER PIERS LEADW TO AN,I8' X IV " L ! 6rAD PLATFORM AT9W On> LO`tS 2 B3. O.NE 11) S' WIDE X 24' LONG OPEN -PILE TIMI PER LEADING TO AN B' X 16"'L" HEAL) PLA1 FORM AT END ON LOT 1. E NICROACHMI RXHbBTT "A" FPROPOSEDPtERS tN IUMENTID5r.5 Y PURPOSE. ACCESS 20m0616m7D9m HAV.INGORPaRATED OATUM: HAVO $6 III BOOK: 302 PAGE: 10 232.235 8.240 INDIAN AVENUE REVISED. 12-0248 VIRGINIA BEACH, VA 23461 DATE: 0#14848 SHEET N01 OF 3 Im IE 4 l N :i0:35.B5" W 53 EDGE OF TER - t7 TOP OF BANK 171'7785" W 1396' -� 7C1 N 642906.85" W 12 11.38' ...� v 743," W 8. S 8!70'32.15" W 9.97' T :� �3 N,/F LAKE R110ff (M 9 7 PC. 14) OF WRG/N/A BEACH T3 EDGE OF WATER r ,. roP of B K ,3-7 N1B 40'10.85" W x7246' 10'. BUFFER _ - ll + LOT 3 O GPIN: 2417-81-9861 LOT 2 '*"0 00 FER GPIN:2417-81-9777 � O to LOT 1 GPIN: 2417- 91- 0713 N I �2 - � 19 .^ 0 3BUFFER `mss 0) 51 n 0 v _ 0 \ A EDGE OF WA TER n' 70P OF BANK ` O\J IN N 3471737.9934 E 12219043.5001 £ 0 31 68' S 13'35'23.85" E \ x x xx 224 SORT. BIOFILTER BED \ W/ 12 INKBERRY SHRUBS 3' ON CENTER x x PLANTED IN ACCORDANCE WITH CITY OF VA. BEACH STANDARDS b a E 12219016.7133 13.59' 13'35'23.L6" E - -19.777' TO 11M.. Lig J/a pQ'NT_ h%01AN AMWIF (JV- RIW) (UNIMPROIED) (MB. 7 PG 14) ,,*& �? 30 0 30 60 Nq� � 70/ \ 1 INCH = 30 FT SHEET LOT TABLE ENCROACHMENT EXHIBIT 'A' LOT SQUARE FEET ACRES GPIN 1 5,001 0.115 2417-91-0713 2 5,005 0.115 2417-81-9777 3 5,987 0.137 2417-81-9861 R/W 1,427 0.033 b a E 12219016.7133 13.59' 13'35'23.L6" E - -19.777' TO 11M.. Lig J/a pQ'NT_ h%01AN AMWIF (JV- RIW) (UNIMPROIED) (MB. 7 PG 14) ,,*& �? 30 0 30 60 Nq� � 70/ \ 1 INCH = 30 FT SHEET LANDSCAPE PLAN FOR ENCROACHMENT EXHIBIT 'A' DRAWN: - CPR MEP MSA, P.C. 2 or 3 INDIAN AVENUE FOR HAV, INC. CHKD: 10/27/08 5033 Rouse Drive, LOT A 232. 236 do 240 INDIAN AVENUE VIRGINIA BEACH, VA 23451 DATE: REV'D; 12/03/08 Virginia Beach, VA 23462 757-490-9264 (Ofc) LOT TABLE LOT SQUARE FEET ACRES GPIN 1 5,001 0.115 2417-91-07T3- 2 5,005 0.115 2417-81-9777 3 5,987 0.137 2417-81-9861 R W 1,427 0.033 LOT A SHEET f7 U A W N N ENCROACHMENT EXHIBIT A N !+1 INDIAN AVENUE FOR HAV, INC. CHKD: 10 DATE: /27/08 5033 Rouse Drive LOT A 232, 236 & 240 INDIAN AVENUE W VIRGINIA BEACH, VA 23451 REV'D: 12/03/08 757-490-9264 (Ofc) O O IA p � W_ p o c N a �. r- � o +� 1 o w m oQ 0 p- °c o n 3 w G p - VI 7 C N Z -n m o o w IE pw -UZ �_ m c m w o w % a G�CD c 3 onv S. n 3 C E7Q co m " v B o 0 3 c w14 c Z O n p oy D CL c c -n 0 oa o'_ o eb a Z D L o 0 w 7 O H' p So 0 3 n N n 0 m o N N N f7 • U U D (- D 3 A Z C'! eD Z N # pp N 07 U C' 1- 1 m .L7 a �• 3' S' 5' 9 3 3 >> _ m __ _ N m W ED 0 1 1 1 3 3 3 m S. s = A C7 [7 n fY n n OD m A -d W U U! N A W A D w D in O O O o O O S S � D n n n 9n n n f > f > m D Z A V P n V Q 0 0 0 ~ �y S O •n c C c - = - _ - n SHEET LANDSCAPE SCHEDULE DRAWN: CPR FOR ENCROACHMENT EXHIBIT A MEP 3 of 3 INDIAN AVENUE FOR HAV, INC. CHKD: 10 DATE: /27/08 5033 Rouse Drive LOT A 232, 236 & 240 INDIAN AVENUE Virginia Beach, VA 23462 VIRGINIA BEACH, VA 23451 REV'D: 12/03/08 757-490-9264 (Ofc) �Nue� !C "lbw �,..•�r`� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Authorization to Reduce FY 2008-09 City Departments' Operating Budgets and Reallocate Such Funding to Off -Set Increases in Energy Costs and Increased Participation in the Tax Relief Program for the Elderly/Disabled MEETING DATE: March 10, 2009 ■ Background: Despite increasing the budgeted amounts for fuel and utility costs and taking definitive steps to reduce consumption, the FY 2008-09 Operating Budget is anticipated to have a shortfall related to the increases in fuel, natural gas and electricity. In addition, the continued decline in the economy has spurred a significant increase in the number of applications to the Tax Relief Program for the Elderly and Disabled. For FY 2008-09, an additional 735 senior and disabled citizens enrolled in the tax relief program. Currently, the tax relief program benefits 7,143 senior/disabled home owners. In the fall, the estimated shortfall related to these two issues was anticipated to be about $7.5 million City-wide. In order to ensure that the City can meet these obligations, the City Manager asked departments to develop plans to reduce overall spending by 1.25% of their total budgets and set a goal of reducing energy consumption by 5%. Departments have taken steps to absorb increases due to the high fuel costs. However, additional funding is still needed to pay for higher utility bills and the increased enrollment in the Tax Relief Program. ■ Considerations: Reducing departmental spending by 1.25% has enabled the City to reserve enough funding to cover the $2.4 million shortfall due to energy increases and $0.8 million related to the Tax Relief Program. ■ Public Information: The public will be informed through the normal agenda process. ■ Alternatives: Other options, such as extending the hiring freeze and applying a higher percentage reduction to only operating accounts were considered; however, the departments indicated that this option provided the greatest flexibility for absorbing reductions. ■ Recommendations: Approve the ordinance to reduce departmental operating budgets and reallocate that funding to accounts dedicated to fuel and energy increases and Tax Relief for the Elderly and Disabled. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Management S City Manager:/- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,AUTHORIZATION TO REDUCE FY 2008-09 CITY DEPARTMENTS' OPERATING BUDGETS AND REALLOCATE SUCH FUNDING TO OFF -SET INCREASES IIN ENERGY COSTS AND INCREASED PARTICIPATION IN THE TAX RELIEF PROGRAM FOR THE ELDERLY/DISABLED WHEREAS, energy costs have increased substantially since the adoption of the FY 2008-09 Operating Budget; and WHERIEAS, the continuing decline in the housing market and economy has increased the number of applications to the Tax Relief for the Elderly and Disabled Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to reduce FY 2008-09 departmental operating budgets by a maximum of 1.25% and to reallocate such funding to address increased costs related to energy consumption and the Tax Relief Program for the Elderly and Disabled. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2009. Approved as to Content: Approved as to Legal Sufficiency: ,b D,-, �2:1� Management Services CA11052 R-3 March 2, 2009 C lCy A ey s O ice u� 04 . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from Fund Balance of the General Fund to the Department of Human Services' FY 2008-09 Operating Budget MEETING DATE: March 10, 2009 ■ Background: The Department of Human Services ("DHS") is requesting use of a portion of the fund balance that remains from when the department was classified as a special revenue fund. Since the elimination of the Mental Health Special Revenue Fund in FY 2004-05, these funds have been held in the fund balance of the General Fund and are designated for DHS. DHS would utilize the $600,000 to enter into an agreement whereby funds are provided to BizNet Inc., a non-profit agency that helps support independent living facilities for persons with mild to moderate disabilities. (Summary of material terms attached) The City funds will supplement funds provided by BizNet Inc. to purchase five town homes in one or two neighborhoods, which will provide subsidized housing to 10 individuals (two in each town home) with mild to moderate disabilities served by the Department of Human Services. There are not any viable alternatives for this type of housing and service support option for this target group in our community. Affordable housing for adults with mild to moderate disabilities, who require some service support, is only minimally available in Virginia Beach through Section 8 or Medicaid waiver programs. Section 8 certificates are difficult to obtain and are not accepted by many landlords. Medicaid waiver slots, with a waiting list of over 300, are only available to the most severely disabled citizens of our community. ■ Considerations: There are no additional FTEs required as part of this request and no additional City funds are required as a result of cost efficiencies achieved through the closure of the existing group home. ■ Public Information: The use of funds was endorsed by the Community Services Board at the January 29, 2009 meeting. Public information will be coordinated through the normal Council agenda process. ■ Alternatives: Not approve the ordinance and require the Community Services Board to approve an alternate use of funds. ■ Recommendations: Appropriate Funds from the Fund Balance of the General Fund designated for Mental Health to the Department of Human Services' FY 2008-09 Operating Budget, and authorize the City Manager to sign an agreement with the non-profit agency, Bizet, Inc. to provide funding for subsidized housing. ■ Attachments: Ordinance; Summary of Agreement Recommended Action: Approve Ordinance Submitting Department/Agency: Human Services,?�WA,_;q � City Manager: IS. ;a)aZiZ-t � /C/, J� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE FUNDS FROM FUND BALANCE OF THE GENERAL FUND TO THE DEPARTMENT OF HUMAN SERVICES' FY 2008-09 OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $600,000 from the Fund Balance of the General Fund designated for Mental Health is hereby appropriated to the Department of Human Services' FY 2008-09 Operating Budget to assist with purchasing independent living housing for clients with disabilities, with revenue from local sources increased accordingly. 2. That the City Manager, or his designee, is hereby authorized to sign an agreement to provide funding for Biznet, Inc., funding which Biznet, Inc. will use to purchase housing to serve people with disabilities. 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 of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: I?" a'�6 JIA- 1 Management Services City Att's Offs CA11066 R-2 February 26, 2009 Summary of Agreement between City of Virginia Beach ("City") and Biznet, Inc. ("Biznet") Summary of P4aterial Terms Purpose: Outlines the terms for an Agreement between the City through the Department of Human Services ("DHS") and Biznet to provide affordable housing in the form of 5 (or more) townhomes/condominiums ("Units") where persons with mild to moderate intellectual disabilities ("Clients") may live semi -independently. Premises: The Units would be located in the same subdivision or, in the alternative, would be located near an existing location where Biznet provides housing for persons with mild to moderate intellectual disabilities. Term: The Agreement shall be in effect from the date of execution and continue for twenty years. At the conclusion of the term, the City would release Biznet of its obligations under this Agreement. Responsibilities of the City: • Provide the funds ($600,000); • Approve the condition and location of properties prior to Biznet purchase; • Provide eligibility screening for lessees of the townhomes/condominiums; and • Provide DHS services to Clients utilizing the Units. Responsibilities of Biznet, Inc.: • As a precondition to accepting the funds, Biznet shall secure financing or provide f1mding for any amount in excess of the funds being granted; • Purchase the Units; • Biznet shall have sole responsibility for all expenses related to the Units, such as, mortgage, property insurance and maintenance; • No more than three (3) tenants shall reside in each Unit, regardless of that property's size; • Require Clients to participate in services offered by DHS; • Rent properties to Clients referred by the Department of Human Services, Irtellectual Disability Division; such Clients to pay rents not to exceed 30% of the Client's gross adjusted income; and • Reports to the City/DHS: ■ Quarterly until the Units are occupied to DHS; ■ After the Units are occupied, yearly reporting to DHS; and ■ After the 20 year term, report to the City summarizing the utilization of the Grant. mU sei� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Department of Human Services' FY 2008-09 Operating Budget MEETING DATE: March 10, 2009 ■ Background: Since the adoption of the City's FY 2008-09 budget, additional State and Federal revenue is available for various Human Services' programs. First, the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services has approved $147,000 in Jail Diversion Funding for the remainder of FY 2008-09. The funding will be utilized in contracted manpower to divert an estimated 90 individuals annually with mental illness from the criminal justice system and facilitate successful community integration for individuals identified in the jail with mental health and co-occurring disorders. This amount represents a partial year of funding. Second, the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services has approved one time federal funding of $138,107 to serve infants and toddlers with disabilities, and their families, in Virginia Beach. The funding will help localities to meet increased service mandates. Contracted Manpower will be hired to provide evaluation and speech therapy services to 117 eligible children. Third, the Department of Human Services and Virginia Beach Court Services Unit have jointly applied for a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services. The grant is awarded in the amount of $49,642 in federal funds and a local match of $5,516 is available within the department's operating budget, to provide service on reducing juvenile delinquency for people with intense mental health disabilities. Fourth, the Department of Human Services receives donations from the community to provide additional services to clients through the Mental Health Gift Fund. The VSA Arts of Virginia Beach organization has requested $2,000 from these funds to support participation in the 2009 theater production. An estimated one hundred people with Mental Retardation disabilities will benefit from the art production. ■ Considerations: Notification of these additional State and Federal funds was received subsequent to the City Council's approval of the FY 2008-09 Operating Budget. There are no new FTEs as part of this request. A local match of $5,516 is required to support the programs, but will be transferred within the department's existing operating budget. Without the jail diversion funds, individuals with mental illness in need of treatment will continue to be incarcerated for longer periods of time for minor crimes as opposed to receiving needed treatment. Without the Part C funds, Virginia Beach would be non- compliant with state part C regulations. Without the Juvenile Block Grant funds, needed multi -systemic; therapy (MST) services for youth in the Juvenile Court Services Unit would not be provided. ■ Public Information: The use of funds was endorsed by the Community Services Board at its January 29, 2009 meeting, and public information will be coordinated through the normal Council agenda process. ■ Recommendations: Approve Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: IJ" -744- J —744 J 7-(-)4V- 2 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 DEPARTMENT OF HUMAN SERVICES' FY 2008-09 3 OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $285,107 from the Virginia Department of Mental Health, Mental 9 Retardation and Substance Abuse Services is hereby accepted and 10 appropriated to the Department of Human Services' FY 2008-09 Operating 11 Budget to provide additional services to Mental Health, Mental Retardation 12 and Substance Abuse clients, with revenue from the Commonwealth 13 increased accordingly. 14 15 2. a. That $49,642 from the United States Department of Justice is hereby 16 accepted and appropriated to the Department of Human Services' FY 17 2008-09 Operating Budget to provide additional services to juvenile 18 offenders, with federal revenue increased accordingly; and 19 20 b. That $5,516 is hereby transferred within the Department of Human 21 Services' FY 2008-09 Operating Budget to provide the required local 22 match. 23 24 3. That $2,000 from the fund balance of the Mental Health Gift Fund is hereby 25 appropriated to the Department of Human Services' FY 2008-09 Operating 26 Budget to support arts participation for people with Mental Retardation 27 disabilities, with revenue from local sources increased accordingly. 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 of the members of City Council. Approved as to Content: � 1 Management Services CA11065 R-3 March 2, 2009 Approved as to Legal Sufficiency: City rney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the CIP #4-023, Neighborhood Park Acquisition and Development — Phase II MEETING DATE: March 10, 2009 ■ Background: The Grassland Farms development is a proposed residential subdivision of 30 lots on a 5.2 acre parcel of land at 3217 Holland Road. It is a relatively small single-family residential infill subdivision that is insufficient to require a large park dedication. City Council adopted a policy in 1995 to allow for cash payments in lieu of park reservations, particularly when park land dedications would be less than one acre in size. The proposed development would yield a park dedication of only .31 acres, significantly less than the 1 to 5 acre minimum size preferred for a neighborhood park. In this case, both staff and the developer agree that a cash payment in lieu of park reservation is the most appropriate option for addressing the subdivision's recreational impact. ■ Considerations: Representatives of the Grassland Farms subdivision have agreed to the Cash Payment in Lieu of Park Reservation (attached). The amount of the payment is based on the .31 acre dedication requirement of the subdivision multiplied by the assessed value per acre of the entire site ($217,946), as determined by the Real Estate Assessor. The dedication requirement of .31 acre x $217,946 = $67,563 cash payment in lieu of park reservation. ■ Public Information: Public information will be coordinated through the normal City Council agenda process. ■ Alternatives: City Council may require the developer of the Grassland Farms subdivision to reserve or dedicate parkland/open space instead of making the cash payment. ■ Recommendations: Accept and appropriate the $67,563 cash -in -lieu -of -park - reservation payment from the Grassland Farms subdivision to Capital Improvement Program Project 4-023, "Neighborhood Park Acquisition and Development — Phase II" ■ Attachments: Ordinance; Cash Payment in Lieu of Park Reservation; and map of the Grassland Farms subdivision Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation - City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE CIP # 4-023, NEIGHBORHOOD PARK ACQUISITION AND DEVELOPMENT — PHASE 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: (a) $67,563 is hereby accepted in lieu of a park reservation from the Grasslands Farm development, with local revenues increased accordingly; and (b) $67,563 is hereby appropriated to CIP # 4-023, Neighborhood Park Acquisition and Development — Phase 11. Adopted by the Council of the City of Virginia Beach, Virginia on the day of Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: Q 1 Management Services CA11064 R-3 February 26, 2009 APPROVED AS TO LEGAL SUFFICIENCY: i At ney's Office F-0 10:58 FAX NOV-13-2008 17,28 FROM:Ve PARKS & RF-C/PDMrN 757 3135 1130 SECTION 4S OF CASH PAYMNT IN LIEU OF P PLAMNlM/DSC FILE 0- ---B IQ:§g SUBDIV310N NAME.; Grassier ZONING: R --5d Residential Zo i ide -nine TOTAL SUBDIVISION ACREAGfJAV DEDICATION REQUIREMMT-, ASSESSED VALUE PER ACRE: R002/002 TO:95189265 P.4114 City of Virginia Beach WPARTMEW1 OF PARKSAND "XRFATION. DESIGN AND DEVELOPMENT DIVL,;I0N MUNICIPAL CENTER VIRUINIA BEACH. VA 23456 PHONE: (757) 385-1 IIXYFAX (757) 383-1130 P, SUBDIVISION ORDINANCE RESERVATION MY COUNCIL POLI( -'y LOT SIZE: M, I (Total site acre -age x %) /21 ASSESSED VALUE FOR DEWCATIONREQUIREWNT* I 5�3 (Do&wion requirement xmsvmmed value 3cr acre) The undersigned representing �, Y., Alw, dt to 1he following cash X /I Company Rcpr-csmtafiveaM Title 6f--5j-r-'=9 hmeby e this dote in lieu of pink reservation: Pa and n state A-mmessor Plaming/bSd I "kC, jvv Works/Real Estarc Ciry Attomey'stfficc K. PLANNING 1. Application of JACK GLASER for the Expansion of a Nonconforming Use at 3751 DuPont Circle. DISTRICT 4 - BAYSIDE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION ALLOW WITHDRAWAL 2. Application of BEVERLY W. ARMSTRONG for the Expansion of a Nonconforming Use at 730073 d Street. DISTRICT 5 - LYNNHAVEN APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION ALLOW WITHDRAWAL 3. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) for the Expansion of a Nonconforming Use at 215 67`h Street re a new educational building, parking lot renovations and relocating two entrances from 67`h Street. DISTRICT 5 - LYNNHAVEN DEFERRED RECOMMENDATION MARCH 10, 2009 APPROVAL 4. Applications of DAVID WILLIAM KOEHLER-PFOTENHAUER at 2180 McComas Way: a. Modification of Proffer No. 8 (approved by City Council on October 26, 1993) re a skate park b. Conditional Use Permit re an indoor recreational facility DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of OLIVIA DANIELS for a Conditional Use Permit re a home occupation (private school/daycare) at 3108 Macdonald Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of ALEXIS HOLDINGS L.L.C. for a Conditional Use Permit re motor vehicle sales, rental and service at 3962 Bonney Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 7. Application of PONTIAC ARMS APARTMENTS, INC. for a Conditional Use Permit re a commercial parking lot at 402 21" Street. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 8. Appliication of WOWII, L.L.C. for a Conditional Use Permit re public or private college or university and a beauty salon -spa at 1701 and 1707 Will O' Wisp Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 9. Application of THUMMEL ASSOCIATES, L.C. for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 1752 Virginia Beach Boulevard. DISTRICT 5 - BEACH RECOMMENDATION APPROVAL 10. Applications of 1250 CENTERVILLE, L.L.C. at 2120 Centerville Turnpike: a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District b. Conditional Use Permit re fuel sales with a convenience store re development of multi -family dwellings DISTRICT 1 — CENTERVILLE DEFERRED RECOMMENDATION OCTOBER 14, 2008 APPROVAL 11. Ordinances of the CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. DELETE Section 201(b) re setbacks from the ultimate right-of-way as shown on the Master Transportation Plan RECOMMENDATION INDEFINITE DEFERRAL b. AMEND Sections 211 and 230 re signage for religious uses RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, March 10, 2009, at 6:00 p.m. The following applications will be heard: BAYSIDE DISTRICT Jack Glaser Application: Expansion of a Norcoat 3751 DuPont Circle. LYNNHAVEN DISTRICT Beverly W. Armstrong Application: E2�pansion of a Nonconforming Use at 7300 73rd Street. ,association for Research and Enlightenment, Inc. (A.R.E.) Application: Expansion of a Nonconforming Use at 215 67th Street. WOWII, L.L.C. Application: Conditional Use Permit for public or private college or university and hair care center (spa) at 1701 & 1707 Will 0' Wisp Drive. AICUZ is 70.75. CENTERVILLE 1250 CENTERVILLE, L.L.C. Application: Change of Zoning District Classification from B-2 Community Business to Conditional A-24 Apartment and Conditional Use Permit (fuel sales with a convenience store) at 2120 Centerville Turnpike. AICUZ is less than 65. Comprehensive Pian: Primary Residential Area. The purpose of rezoning is development of multi -family dwellings. KEMPSVILLE DISTRICT Olivia Daniels Application: Conditional Use Permit for a home occupation (private school/daycare) at 3108 Macdonald Road. AICUZ is less than 65. PRINCESS ANNE DISTRICT David William Koehler-Pfotenhauer Application: Modification of Conditions (approved by City Council on October 26, 1993) and Conditional Use Permit for an indoor recreational facility at 2180 McComas Way. AICUZ is 65-70, Subarea 2. ROSE HALL DISTRICT Alexis Holdings L.L.C. Application: Conditional Use Permit for motor vehicle sales, rental and service at 3962 Bonney Road. AICUZ is less than 65. BEACH DISTRICT Pontiac Arms Apartments, Inc. Application: Conditional Use Permit for a parking lot at 402 21st Street. AICUZ is 65-70, Subarea 1. THUMMEL ASSOCIATES, L.C. Application: Conditional Use Perrnit for motor vehicle sales, service and bulk storage at 1752 Virginia Beach Boulevard. AICUZ is greater than 75, APZ-1. CITY OF VIRGINIA BEACH Ordinance to delete Section 201(b) of the City Zoning Ordinance pertaining to setbacks from the ultimate right-of-way as shown on the Master Transportation Plan. Ordinance to amend City Zoning Ordinance, Sections 211 and 230, re signage for religious uses. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, .esolutions and amendments are on file and may be examined in the Department of Planning or online at http:/Zwww.vbgov.com/uc 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. B« ,icon Feb. 22& M,irclt 1. 2009 11-880703 JACK GLASER A+on-Conforming Structure Applicant requests withdrawal u{� Rii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MR. JACK GLASER, A Resolution authorizing the Enlargement of a Nonconforming Structure on property located at 3751 Dupont Circle. BAYSIDE DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The purpose of this request is to make alterations and additions to an existing nonconforming structure at 3751 Dupont Circle. The duplex was built in 1979 and is nonconforming with respect to the required setbacks, lot coverage for structures, lot impervious coverage, and allowed floor area for duplex dwellings in the R -5R Residential Resort District. ■ Considerations: The applicant has agreed to and requests a withdrawal of this application. ■ Recommendations: Allow withdrawal of the application. ■ Attachments: Location Map Recommended Action: Allow withdrawal Submitting Department/Agency: Planning Department City Manager: `Z, 641 MR. BEVERLY ARMSTRONG Relevant Information: • Applicant requests withdrawal CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MR. BEVERLY W. ARMSTRONG, A Resolution authorizing the Enlargement of a Nonconforming Structure on property located at 7300 73`d Street. LYNNHAVEN DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The purpose of this request is to make alterations and additions to an existing structure at 7300 73rd Street. ■ Considerations: The applicant has agreed to and requests a withdrawal of this application. ■ Recommendations: Allow withdrawal of the application. ■ Attachments: Location Map Recommended Action: Allow withdrawal Submitting Department/Agency: Planning Department City Mana 3 k ,� -54 - Item V K.1. PLANNING ITEM # 58559 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED, until the City Council Session of March 10, 2009, Application of ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC. (A.R.E.), for an Expansion of a Nonconforming Use at 215 67`h Street: RESOLUTION AUTHORIZING APPLICATION OF ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (A.R.E.), FOR AN EXPANSION OF A NONCONFORMING USE: Application of ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC. (A.R.E.), for an Expansion of a Nonconforming Use at 215 676 Street DISTRICT 5 — LYNNHAVEN Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Mayor Sessoms ABSTAINED re ASSOCIATION FOR RESEARCH AND ENGLIGHTMENT, INC. as the applicant is a customer of TowneBank. Mayor Sessoms is President of TowneBank. February 24, 2009 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 215 67th Street. LYNNHAVEN DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The applicant requests alterations to a nonconforming use, the Association for Research and Enlightenment. The Association was founded around 1928 in the present location of 67th Street, Atlantic Avenue, 68th Street, and Holly Road. A conditional use permit was approved to enlarge an existing non-profit private institution on July 10, 1961. A conditional use permit was approved for a non- profit institution library and related facilities building and parking area on September 10, 1973. Another conditional use permit was approved to expand a non-profit institution (health services and office) on October 17, 1983. With the adoption of the City Zoning Ordinance in April 1988 conditional non-profit uses were deleted from the residential districts. Thus the site is now nonconforming and requires approval from City Council for alterations. ■ Considerations: The applicant is proposing the following alterations to the buildings and site: A new education center building between the existing buildings on the western side of the site. The new building will connect to the existing flat - roofed "Wynne" building. The existing Wynne building will be enhanced and modified with a new roofline to complement the new education center addition. This building will also house a campus coffee shop. The parking area located on the western side of the site, behind the existing Cayce Hospital and Wynne building will receive extensive renovations including pavement, curb and gutter, and landscaping. The parking area on the southern side of the site, adjacent to 67th Street, will also be renovated and landscaping installed. The two entrances from 67th Street into the parking area will be relocated to the eastern property line along the feeder road which runs parallel to Atlantic Avenue. The buildings on the site consist of several architectural styles. The Cayce Hospital is one of the few surviving beach cottage style designs at the North End of the beach. The existing Visitors Center is a modern building with virtually little detail except for vertical windows. The existing Wynne building is two-story block A.R.E. Page 2of2 construction with a flat -roof. The proposed addition to the Wynne building and refurbishment of the existing building is traditional beach cottage design. ■ Recommendations: The proposed alterations, therefore, with the conditions recommended below, are acceptable. The Cayce Hospital and the A.R.E. have coexisted with the surrounding neighborhood at this location for decades. The request for alterations to the nonconforming use and structures, involving the refurbishment, enhancement, and expansion of the building and parking areas is compatible with the Comprehensive Plan's recommendations for this area. In sum, the proposed enlargement is reasonable, will have a minimal impact, and should Ibe as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the conditions below. 1. The site improvements, building addition, and landscaping shall be developed substantially in accordance with the submitted plans entitled "COMBINED PARKING EDGAR CAYCE A.R.E.", dated February 24, 2009, and prepared by WPL Civil Engineers, Land Surveyors, and Landscape Architects. The plans are labeled plan 1 and plan 2 in the report. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. The proposed building addition and renovations to the existing Wynne Building shall be constructed substantially in accordance with the submitted photograph simulation entitled "NEW EDUCATION CENTER, ADDITION TO EXISTING WYNNE BUILDNG", prepared by folck-west architects. Said photograph simulation has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall submit to the Planning Department / Development Services Center a photometric plan as part of the detailed site plan review. 4. The coffee shop shall not be available to the general public. 5. The applicant shall delete the proposed parking lot entrance closest to the intersection of 67th Street and the Atlantic Avenue feeder road. ■ Attachments: Staff Review Disclosure Statement Resolution Location iMap Recommended Action: Approval. Submitting Department/Agency: Planning Department � Manager: City Ma age /,4Lr1C., v , J - i �)M,` &� - 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 215 67TH 4 STREET 5 6 WHEREAS, the Association for Research and Enlightenment (hereinafter the 7 "Applicant") has made application to the City Council for authorization to enlarge a 8 nonconforming use by making additions to and alterations on their non-profit institution 9 on a lot or parcel of land having the address of 215 67th Street, in the R-5R Residential 10 Zoning District; 11 12 WHEREAS, the said use is nonconforming, as the parcel contains a non-profit 13 institution constructed and operated prior to the adoption of zoning regulations 14 prohibiting such use in the R-5R Residential Zoning District; and 15 16 WHEREAS, pursuant to Section 105 of the city Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing use. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. The site improvements, building addition, and landscaping shall be 35 developed substantially in accordance with the submitted plans entitled 36 "COMBINED PARKING EDGAR CAYCE A.R.E.", dated February 24, 2009, 37 and prepared by WPL Civil Engineers, Land Surveyors, and Landscape 38 Architects. The plans are labeled plan 1 and plan 2 in the report. Said plans 39 have been exhibited to the City of Virginia Beach City Council and are on file 40 in the Planning Department. 41 42 2. The proposed building addition and renovations to the existing Wynne 43 Building shall be constructed substantially in accordance with the submitted 44 photograph simulation entitled "NEW EDUCATION CENTER, ADDITION TO 45 EXISTING WYNNE BUILDNG", prepared by folck-west architects. Said 46 photograph simulation has been exhibited to the City of Virginia Beach City 47 Council and is on file in the Planning Department. 48 49 3. The applicant shall submit to the Planning Department / Development 50 Services Center a photometric plan as part of the detailed site plan review. 51 52 4. The coffee shop shall not be available to the general public. 53 54 5. The applicant shall delete the proposed parking lot entrance closest to the 55 intersection of 67th Street and the Atlantic Avenue feeder road. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 58 of _ , 2009. APPROVED AS TO CONTENT Planning CA11061 R-1 February 26, 2009 APPROVED AS TO LEGAL SUFFICI NCY: City Attorney's Office REQUEST: Enlargement of a Nonconforming Use ADDRESS I DESCRIPTION: 215 67th Street ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A. R. E.) March 10, 2009 City Council Meeting STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24196462990000; LYNNHAVEN 4.25 acres Less than 65 dB DNL 24196442810000; 24196450120000 The applicant requests alterations to a nonconforming use and SUMMARY OF REQUEST structures, known as the Association for Research and Enlightenment. The Association was founded around 1928 at the present site, bounded by 67th Street, Atlantic Avenue, 68th Street, and Holly Road. On November 17, 1958, a request to rezone the site from R -D2 Residence Duplex to R -D2 Residence Duplex with a T-2 Motel, Tourist, and Restaurant overlay was denied. A Conditional Use Permit was approved to enlarge an existing non-profit private institution on July 10, 1961. A Conditional Use Permit was approved for a non-profit institution library and related facilities and parking area on September 10, 1973. Another Conditional Use Permit was approved to expand a non-profit institution (health services and office) on October 17, 1983. With the adoption of the City Zoning Ordinance in April 1988, conditional non-profit uses were deleted from the Residential zoning districts. The subject site, therefore, is now nonconforming and requires approval from City Council for alterations. On January 26, 1999, the site received approval for enlargement to a nonconforming use, but never acted on the approval. ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 1 The applicant is proposing the following alterations to the buildings and site: A new education center building between the existing buildings on the western side of the site. The new building will connect to the existing flat -roofed "Wynne" building. The existing Wynne building will be enhanced and modified with a new roofline to complement the new education center addition. This building will also house a campus coffee shop. The parking area located on the western side of the site, behind the existing Cayce Hospital and Wynne building will receive extensive renovations including pavement, curb and gutter, and landscaping. The parking area on the southern side of the site, adjacent to 67th Street, will also be renovated and landscaping installed. The two entrances from 67th Street into the parking area will be relocated to the eastern property line along the feeder road which runs parallel to Atlantic Avenue. The buildings on the site consist of several architectural styles. The Cayce Hospital is one of the few surviving beach cottage style designs at the North End of the beach. The existing Visitors Center is a modern building with virtually little detail except for vertical windows. The existing Wynne building is two- story block construction with a flat -roof. The proposed addition to the Wynne building and refurbishment of the existing building is traditional beach cottage design. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Association for Research and Enlightment, related parking, and landscaping SURROUNDING LAND North: . 68th Street USE AND ZONING: . Across 68th Street are single-family and duplex dwellings / R -5R Residential Resort South: • 67th Street • Across 67th Street are single-family and duplex dwellings / R -5R Residential Resort East: . Atlantic Avenue West: . First Landing State Park NATURAL RESOURCE AND The Cayce and Wynne buildings and the western parking area sit on a CULTURAL FEATURES: sand dune. The site is in the Resource Management Area of the Chesapeake Bay Preservation Area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Atlantic Avenue at this, location is a four -lane undivided minor urban arterial. Currently, access to the A.R.E. site is from 67th Street and 68th Street, which are both local streets. Traffic Engineering will approve moving access ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 2 for the main A.R.E. parking area from 67th Street to the Atlantic Avenue feeder road, but will not approve the southernmost proposed access point to the parking area. This access point would be located too close to the stop sign and operational problems would arise because of the traffic signal located at the Atlantic Avenue / 67th Street intersection. TRAFFIC: Street Name Present Volume Present Capacity Atlantic Avenue 22,100 ADT 22,800 ADT WATER: This site is connected to City water. The two (2) existing 2 -inch meters (City ID# 46696302 and ID# 53315751) may be used or upgraded to accommodate the proposed development. SEWER: This site is connected to City sanitary sewer. The applicant shall provide analysis of Pump Station #101 and the sanitary sewer collection system to ensure future flows can be accommodated. SCHOOLS: School populations are not affected by the request. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The Comprehensive Plan Map designates this site as being within the Primary Residential Area — North Virginia Beach Site 11. The North Virginia Beach community encompasses a predominantly residential area located on both sides of Atlantic Avenue from 42nd Street to 89th Street. It is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R).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 Comprehensive Plan also states, "Limited commercial or industrial activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities," (Page 91). The proposed alterations, therefore, with the conditions recommended below, are acceptable. The Cayce Hospital and the A.R.E. have coexisted with the surrounding neighborhood at this location for decades. The request for alterations to the nonconforming use and structures, involving the refurbishment, enhancement, and expansion of the building and parking areas is compatible with the Comprehensive Plan's recommendations for this area. In sum, the proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the conditions below. ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 3 CONDITIONS 1. The site improvements, building addition, and landscaping shall be developed substantially in accordance with the submitted plans entitled "COMBINED PARKING EDGAR CAYCE A.R.E.", dated February 24, 2009, and prepared by WPL Civil Engineers, Land Surveyors, and Landscape Architects. The plans are labeled plan 1 and plan 2 in the report. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department 2. The proposed building addition and renovations to the existing Wynne Building shall be constructed substantially in accordance with the submitted photograph simulation entitled "NEW EDUCATION CENTER, ADDITION TO EXISTING WYNNE BUILDNG", prepared by folck-west architects. Said photograph simulation has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall submit to the Planning Department / Development Services Center a photometric plan as part of the detailed site plan review. 4. The coffee shop shall not be available to the general public. 5. The iapplicant shall delete the proposed parking lot entrance closest to the intersection of 67th Street and the Atlantic Avenue feeder road. 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 ,Por crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 4 AERIAL OF SITE LOCATION ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 5 -1 41 T110) C� swum" ON N=mm � mvogw..] �-- WWMiAV CW4W-LLW IS to a1 fig .. ....... EXISTNG PHYSICAL SURVEY ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 6 PROPOSED SITE PLAN #1 ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 7 wd X" V3 r. PRpPO SEp SITE P�-A #2 pRE MENT, INCet�ni TEN_ SEARCH ANS EN0' 2009 ow Council peage ASS�C�ATION VOP RE March EXISITNG BUILDING ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 9 I: PROPOSED BUILDING ELEVATION ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 10 �Q S tl. Q All I: PROPOSED BUILDING ELEVATION ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 10 1. 1928 Association founded 11/17/58 Rezoning (R -D2 Residence Duplex to R -D2 Residence Denied Duplex with a T-2 Motel, Tourist and Restaurant overlay) 7/10/61 Conditional Use Permit (enlarge an existing non-profit Approved private institution) 9/10/73 Conditional Use Permit (non-profit institution library and Approved related facilities building and parking area) 10/17/83 Conditional Use Permit (health services and office) Approved 1/26/99 1 Enlar ement to a nonconforming use Approved 2. 6/23/98 1 Subdivision Variance Approved ZONING HISTORY ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Association for Research & Enlightenment, Inc.: Kevin J. Todeschi, Executive Director; Eileen Malo, Director; Lauren Suarez, 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. & See next page for footnotes Non -Conforming Use Application Page 8 of 9 Revised 9/1/2004 ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) WPL Folck West, Architects Sykes, Bourdon, Ahern & Levy, P.C. t "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. Association r Research & Enl* htenment, Inc. E —) Kevin J. Todeschi, Ex. Director Applica 's Signature Print Name Property Owner's Signature (if different than applicant) Non -Conforming Use Application Page 9 of 9 Revised 9/1 /2004 Print Name ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 13 NORTH VIRGINIA BEACH CIVIC LEAGUE Post Office Box 1676 Virginia Beach, VA 23451 E -Mail: info(QNVBCL.org Fla�ea.r arybrro January 8, 2009 TO: All Members of the Planning Commission and City Council The North Virginia Beach Civic League's (NVBCQ Zoning Review Committee as well as the North Virginia Beach Civic League General Membership has reviewed the merits of this request and "take no exception" to the modification and expansion of a non -conforming use as presented. On March 11, 2008 representatives of A.R.E., their architects and landscape architects, made a detailed presentation to the NVBCL Board outlining their proposed changes and additions to the A.R.E. campus. The NVBCL board voted in favor of bringing the project to the full civic league membership at the next membership meeting. A notice of the meeting, the A.R.I.. plan and the announcement that a detailed presentation would be made followed by a vote, was sent via our civic league newsletter to ALL residents of the North End of Va. Beach. On April 15, 2008 the A.R.E. their architects and landscape architects presented the detailed plan to the NVBCL General Mem bership. Anyone opposed was allowed time to present their position. At the conclusion of the presentations and a question & answer period, a hand vote was taken. By a vote of 1 I 1 in favor and 28 opposed the proposal was passed; those in favor being more than our required majority. Durir g this presentation, the A.R.E. proffered site plans, landscape plans, and architectural plans as part of their proposal. They also proffered extensive landscape development, consideration for the parking locations, and the implementation of parking controls for the 68" street parking lot restricting it to staff and conference attendees. Considering the fact that the original historic dwelling was constructed in the 1920's prior to any current zoning ordnance, and given the various proffers, it appears the modification and additions to the existing campus and structures will not have a negative impact on the overall neighborhood. As acknowledged at both the Board and General Membership meeting, the A.R.E. has always been a good neighbor and helpful to the civic league since we began. Should there be any questions please contact me at 437- 1677. Since,*) Dave .tester President NVBCL CIVIC LEAGUE LETTER ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. (ARE) March 10, 2009 City Council Meeting Page 14 -31 - PUBLIC HEARING ITEM S 37337 PLANNING A N D, ADOPTED an Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATES, INC. FOR A CONDITTONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACILITY (SKATING RINK) 8010931860 BE IT HEREBY ORDAINED BY 7HE COUNCIL OF 771E CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Use Permit for an indoor recreational facility (skating rink) on certain property located on the north side of Ferrell Parkway, 700 feet more or less west of General Booth Boulevard Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Monument style sign will have external lighting. 2 Bicycle racks will be provided on site. These Ordinances shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Bead, Virginia, on the Tlvenly-sf*fh of October, Nineteen Hundred and Nmc&-Thee Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis A Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. None October 26, 1993 -30 - PUBLIC HEARING ITEM B 37337 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant The following spoke in OPPOSITION. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council AUTHORIZED the Amended PROFFERS of the April 24, 1989, approved application to limit height of any structure to thirty-five (35) feet, revise site plan and authorize the new location for the entrance way: Ordinance upon application of FERRELL PARKWAY ASSOCIATES, INC for a Reconsideration of Proffers: RECO10DERA7I0N OF PROFFERS on certain property located at the northwest corner of Ferrell Parkway and General Booth Boulevard, zoned 0-2 Office District The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 15.7 acres. PRINCESS ANNE BOROUGH. The following condition shall be required. 1. The Amended Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. A N D, ADOPTED an Ordinance upon application of FERRELL PARKWAY ASSOCIATE$ INC, for a Conditional Change of Zoning: ORDIMINCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATES, INC FOR A CONDITIONAL CHANGE OF ZONING DISnUCT CLASSIFICATION FROM CONDITIONAL 0-2 TO B-2 ZO109311397 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Change of Zoning District Classification from Conditional 0-2 Ofice District to Conditional B-2 Community Business District on certain ,property located on the north side of Ferrell Parkway, 700 feet more or, less west of General Booth Boulevard The proposed Zoning classification change to B-2 is for community -wide business land use. Du Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. The Amended Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court (DELETE PROFFER 83). October 26, 1993 Mo ■ 1A w �Vvv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID WILLIAM KOEHLER-PFOTENHAUER, Modification of Proffers attached to a Change of Zoning approved by City Council on October 26, 1993, and Conditional Use Permit, indoor recreational facility, 2180 McComas Way. PRINCESS ANNE DISTRICT. MEETING DATE: March 10, 2009 ■ Background: A Conditional Rezoning from 0-2 Office District to B-2 Community Business District was approved by the City Council on October 26, 1993. That Conditional Rezoning has 10 proffers. Currently the site is zoned for use as a skate rink and any uses allowed in the 0-2 Office District that also are permitted uses in the B-2 District. The applicant desires to modify Proffer 8 to include the use of a skate park as an allowable use. In addition to the modification to the proffer, the applicant is also requesting a Conditional Use Permit to allow the proposed skate park as an indoor recreational facility. ■ Considerations: The site is currently occupied by a commercial building and associated parking lot. The northernmost unit of the building is proposed for the skate park. The proposed skate park would include structures such as skate ramps and rails. The proposed skate park is compatible with the surrounding office, business, and institutional uses. The proposal is also in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area. The site is currently zoned to allow a skating rink, and staff finds that expanding the use of the site to allow a skate park is appropriate. Skate parks have gained popularity over the past few years, and this rezoning expands the original use of the facility for a skate rink to include other skating activities that were not as popular when City Council last approved uses for this site. There is sufficient parking on the site for the proposed use. ■ Recommendations: The Planning Commission placed this application on the Consent Agenda, passing a motion by a recorded vote of 11-0 to approve the Modification of the Change of Zoning as proffered and the Conditional Use Permit with the following condition: David William NCoehler-Pfotenhauer Page 2of2 1. There shall be a sign posted on-site prohibiting loitering. ■ 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• M','A tq?f ■ February 11, 2009 Public Hearing APPLICANT: DAVID W. KOEHLER- PFOTENHAUER PROPERTY OWNER: KROLL ENTERPRISES STAFF PLANNER: Leslie Bonilla REQUEST: Modification of Conditional Change of Zoning approved by the City Council on October 26, 1993 Conditional Use Permit (indoor commercial recreation facility — skate park) ADDRESS / DESCRIPTION: 2180 McComas Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2404977494 PRINCESS ANNE Total site size: 87,275 square feet 65 — 70 dB DNL Lease space: 10,000 square feet Sub -Area 2 A Conditional Rezoning from 0-2 Office District to B-2 SUMMARY OF REQUEST Community Business District was approved by the City Council on October 26, 1993. That Conditional Rezoning has 10 proffers with proffer 3 shown as struck -through within the document recorded at the Circuit Court. Proffers approved by City Council on October 26, 1993 are provided on the following page. Currently the site is zoned for use as a skate rink and any uses allowed in the 0-2 Office District that also are permitted uses in the B-2 District. The applicant desires to modify Proffer 8 to include the use of a skate park as an allowable use. The proposed skate park would include structures such as skate ramps and rails. The northernmost unit of the building will be used for the skate park. In addition to the modification to the proffer, the applicant is also requesting a Conditional Use Permit to allow the proposed skate park as an indoor recreational facility. The proposed hours of operation will be Monday through Thursday, 11:00 a.m. to 9:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 10:00 a.m. DAVID KOEHLER-PFOTENHAUER / KRC)LL Agenda Items 4'& 5 Page 1 to 11:00 p.m., and Sunday 10:00 a.m. to 9:00 p.m. Customers of all ages and abilities will be welcomed at the skate park and the facility will offer skate parties and skate lessons. October 26. 1993 proffers are provided below: 1. Structures on the property shall not exceed thirty-five (35) feet in height. 2. A 6 fi:)ot sidewalk shall be constructed by the grantor, to provide access from the Public R/W cul- de-sac to the Family Skating Center and to the exterior access road around the Recreation Center parking lot. 3:--Vehn; shall 4ne-ai;d shall be insWed with aR easement 9f ideRtiGal width ever its entiFe IeRgth. 4. With the exception of the actual entrance way, foundation landscaping to exceed that required by current ordinances shall be installed along the entire frontage of the skating center site. 5. With the exception of the southern property line, a 15 foot building and parking lot setback shall occur on all side and rear lot lines and shall be landscaped to equal or exceed category IV screening. 6. The free-standing sign located at the extreme western comer of the skating center site shall be of monument style construction of similar materials as that of the Family Skating Center. 7. Dumpster to be fully enclosed with a solid permanent structure of similar materials as the Family Skating Center and shall be no less than 6 foot in height. 8. The only B-2 Business District use available to this site shall be for a skating rink. All other uses for the property shall be limited to those uses allowed in the 0-2 Office District Zoning, which are also uses permitted in the B-2 District. 9. The two (2) site plans prepared by Talbot Group, dated September 2, 1993 and September 8, 1993, entitled "Family Skating Center at Ferrell Parkway Associates, Inc. Site - Conditional Zoning Exhibit and Conceptual Site Plan" has been exhibited to the Virginia Beach City Council and arc on file with the Virginia Beach Department of Planning, shall be substantially adhered to 80 that there shall be coordinated design and development of the site in terms of access, circulation, parking, landscaping, best management practices as landscape features, signs setback and building location consistent with or superior to the applicable Design Standards for General Booth Boulevard contained in the Comprehensive Plan. 10. Buil&ng materials used to construct visible exterior surfaces of the structures shall be primarily either brick, stone, stone faced block, stucco or wood. The exterior facade of the skating center shall be brick veneer. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commerial — office building SURROUNDING LAND North: . Strawbridge Elementary School / R-20 Residential District USE AND ZONING: South: . McComas Way • Office / 0-2 Office District DAVID KOEHLER-PFOTENHAUER / KROLL Agenda Items 41, 5 Page 2 East: . Mini- warehouse facility/ B -1A Limited Community Business District West: . P. A. Recreation Center / R-20 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. The site is completely developed. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): General Booth Boulevard is a four -lane divided minor urban arterial. Nimmo Parkway is a four -lane divided major suburban arterial. There are no projects in the current CIP for General Booth Boulevard or this section of Nimmo Parkway. Nimmo Parkway to the west is scheduled to begin construction in 2010 on an extension of the roadway from its current terminus point at the recreation center to Princess Anne Road at the Municipal Center. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume General Booth 39,900 ADT 22,800 ADT (Level of Existing Land Use — 430 Boulevard Service "D") ADT Proposed Land Use 3— 430 Nimmo Parkway 12,300 ADT 34,900 ADT (Level of Service "D" Average Daily Trips Y as defined by 10,000 square foot facility 3 as defined by 10,000 square foot facility WATER & SEWER: The site is already connected to City water and sewer services. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted modified proffers. The proffers are provided below. Evaluation: The request for a Conditional Use Permit and Modification of Proffers to allow a skate park is acceptable. The proposal skate park is compatible with the adjacent office, business, and institutional uses. The proposal is also in conformance with the Comprehensive Plan's recommendations for this area. The site is currently zoned to allow a skating rink and staff finds that expanding the use of the site to allow a skate park is appropriate. Skate parks have gained popularity over the past few years, and this rezoning expands the original use of the facility for a skate rink to include other skating activities that were not as popular when City Council last approved uses for this site. There is sufficient parking on the site for the proposed use. DAVID KOEHLER-PFOTENHAUER / KROLL Agenda Items 4r& 5 ge Pa3 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 (replaces Proffer 8 of the 1993 Rezoning — all other proffers remain in affect): The only B-2 Business District use available to this site shall be for an indoor skate park. All the uses for the property shall be limited to those uses allowed in 0-2 Office District Zoning, which are also uses permitted in the B-2 District. STAFF COMMENTS: The proffer listed above is acceptable as they maintain the level of quality of the site while providing a desired recreational use. The City Attorney's Office has reviewed the proffer agreement dated January 28, 2009, 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. CONDITIONS 1. There shall be a sign posted on-site prohibiting loitering. DAVID KOEHLER-PFOTENHAUER / KROLL Agenda Items 4 5 Page 4 AERIAL OF SITE LOCATION` DAVID KOEHLER-PFOTENHAUER / KROLL Agenda Items 4 5 Page 5 PROPOSED SITE 'PLAN DAVID KOEHLER-PFOTENHAUER / K Agenda Items Page 6 W i ' oil 01 yy�� y1�,y✓ q r✓ i ,\ n �n�Sf r Cl ►� ^i it+ � ' isi ��, A3 ppyp■Q■ppy w 3 ff■ O� `a• � yl Y�yi���i�i fee jibso v 7p 6 46,,.{flay p+, 1S p���.." fit V�LM^dgAq. YY^� ill ` 4 t b � 11M, n 5d ori As `� Q p D B G PROPOSED SITE 'PLAN DAVID KOEHLER-PFOTENHAUER / K Agenda Items Page 6 PHOTOGRAPH OF BUILDING DAVID KOEHLER-PFOTENHAUER / KRJLL Agenda Items 4A 5 Page 7 fir, `�-� , 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) P& W. le(- Uxei- e(- n '' 2. List all businesses that have a parent -subsidiary' or affiliat d business entity, relationship with the applicant: (Attach list if necessary) �Lp Wryuc"li(]D( pa -&k ❑ 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) / _Kr-ott Elat, of�l<i &w JEPC001 �. R�fot/ Al-Stwe'd 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. & 1 See next page for footnotes Does an official or employee of th ity 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 713/07 DAVID KOEHLER-PFOTENHAUER / KROLL Agenda Items 44 5 Page 9 DIS��LOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural servicaes, real estate services, financial services, accounting services, and legal ' "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 !j 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 entibeii. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship . between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Appliciint's Signature Modification of Conditions Application Page 110111 Revised 7/3/2007 1), V.IlA Kioehter - P'rotten hnu Print Name (if different than applicant) DAVID KOEHLER-PFOTENHAUER / KRQLL Agenda Items 4�A 5 Pag ` 10 Items #4 & 5 David William Koehler-Pfotenhauer Modification of Conditions Conditional Use Permit 2180 McComas Way District 7 Princess Anne February 11, 2009 CONSENT Joseph Strange: The next item are items 4 & 5, an application of David William Koehler- Pfotenhaufer for a Modification of Conditions approved by City Council on October 26, 1993 and for a Conditional Use Permit for an indoor recreational facility on property located at 2180 McComas Way, District 7, Princess Anne with one proffer and one condition. James Noble: I'm James Noble, here to represent Mr. Pfotenhauer in this proposal. Janice Anderson: Thank you. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review these items. Al Henley: Thank you. The address is 2180 McComas Way, an application for Modification of Conditional zoning from 0-2 Office District to B-2 Community Business District. Currently the site is zoned for use as a skating rink and any uses allowed under the 0-2 Office District but are also permitted uses in B-2 district. The applicant desires to modify proffer 8 to include the use of a skate park an allowable use. A proposed skate park would include structures such as a skate ramps and rails. The northern most unit of the building will be used for the park. Hours of operation are Monday through Thursday, 11:00 am to 9:00 pm, Friday 11:00 am to 11:00 pm, Saturday 10:00 am to 11:00 pm, and Sunday 10:00 am to 9:00 pm. The request for a Conditional Use Permit to modify the proffers to allow a skate park is acceptable. The proposed skate park is compatible with the adjacent office business and industrial uses. The proposal also conforms with the Comprehensive Plan recommendations for this area. The site is currently zoned to allow a skating rink, and staff finds that expanding the use of the site to allow this skate park is appropriate. Staff recommends approval, so therefore the Planning Commission has placed this on the consent agenda. Thank you. Joseph Strange: Thank you Al. Madame Chairman, I make a motion to approve items 4 & 5. Janice Anderson: We have a motion by Joe Strange and a second by Gene Crabtree. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE Items #4 & 5 David William Koehler=Pfotenhauer Page 2 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved items 4 & 5 for consent. In Reply Refer To Our File No. DF -7336 TO: Ma4. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 25, 2009 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Kroll Enterprises, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 10, 2009. 1 have reviewed the subject proffer agreement, dated January 28, 2009 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: Kathl en Hassen KROLL ENTERPRISES, INC. TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFIED PROFFER AGREEMENT, made this 28`h day of January, 2009, by and between KROLL ENTERPRISES. INC. , Grantor, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee; WITNESSETH THAT: WHEREAS, Grantor's predecessor in title and Grantee are parties to previous Proffer Agreements recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Dei -d Book 2823, at page 679 and Deed Book 3297 at page 65 in connection with and as a condition of the rezoning of Grantor's property described on Exhibit A attached hereto from 0-2 Office District to conditional B-2 Business District; and WHEREAS, Grantor has initiated an application to modify the terms and conditions of the Proffer Agreements described in the previous paragraph; and WHEREAS, Grantor and Grantee acknowledge and agree that the terms of this Modified Proffer Agreement shall amend the terms and conditions of the Proffer Agreement in Deed Book 3297 at Page 0069, under Section No. 8 and shall not supercede any other sections; and Prepared by: Kevin M. Brunick, Esquire Stallings & Bischoff; P.C. 2101 Parks Avenue, Suite 801 Virginia Beach, VA 23451 (757) 422-4700 GPIN# 2404-97-7494-0000 WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, including a specific conditional purpose for the development of the property with strictly limited uses rather than the existing uses allowed by the existing B-2 zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the B-2 zoning classification are needed to cope with the situation to which the Grantor's proposed development gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the conditional amendment to the Zoning Map, in addition to the regulation provided for in the B-2 Zoning District or zone by the existing overall City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the modification to the conditional amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for himself, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or -title, namely: The following, which is a modification to only Section No. 8 in the Proffer recorded in Deed Book 3297 at Page 0069, shall be substantially adhered to, however, 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, including the City Arborist, to meeting all applicable city Code requirements: The only B-2 Business District use available to this site shall be for an indoor skate park. All the uses for the property shall be limited to those uses allowed in 0-2 Office District Zoning, which are also uses permitted in the B-2 District. No other changes are made to either previous Proffers recorded in Deed Book 2823 at Page 679 or Deed Book 3297 at Page 65. All other provisions in previous Deed Books are to remain in full force and effect and this Proffer is only to amend Section No. 8 in Deed Book 3297 at Page 69. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. 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, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to 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 subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and Grantee. Witness the following signatures and seals. KROLL By: Jeffrey A. COMMONWEALTH OF VIRGINIA , INC. CITY OF VIRGINIA BEACH, to -wit: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that Jeffrey A. Kroll, President of Kroll Enterprises, Inc., a Virginia corporation, whose name is signed to the foregoing instrument, bearing date on the 2S da: y of � lA� , 2009, has acknowledged the same before me in the jurisdiction aforesaid and who is personally known to me. Given under my hand this 2-�_ day of `�J O ^ . 20 () /. Notary Public My commission expires: 11 STEVEN J. MARINO Notary Public Commonwealth of Virginia 195637 My CommiSsion Expires Aug 31. 2009 LEGAL DESCRIPTION OF 2180 McComas Way ALL THOSE certain condominium units know and numbered as Unit 1 and Convertible Space Are of Convertible Space, in that certain condominium entitled Strawbridge Condominium, located in the City of Virginia Beach, Virginia , together with a proportionate interest in the common elements appertaining to said unit, all as more particularly described, designated and shown in the certain Condominium Declaration entitled " Declaration of Condominium of Strawbridge Commons Condominium" dated May 21, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20070605000752890, hereinafter referred to as the "Declaration", to which Condominium Declaration and exhibits thereto reference is hereby made for a more particular description of said units. IT BEING the same property conveyed to Kroll Enterprises, INC., a Virginia Corporation by deed from Strawbridge Family Skating Center, LLC, a Virginia Limited Liability Corporation, dated January 31, 2005, and recorded February 7, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200502070020177 OLIVIA DANIELS CUP - Private School with Day Care Relevant Information: • Kempsville District • The applicant proposes a faith -based, nonprofit school and home daycare facility (Destiny Academy of Learning), serving up to 12 children between the ages of 2 and 11 years. • Building will be upgraded to meet Building and Fire codes for this use. • Applicant has extensive community support for the proposal. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0). • Consent Agenda. • No opposition. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OLIVIA DANIELS, Conditional Use Permit, home occupation (private school/daycare), 3108 Macdonald Road. KEMPSVILLE DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The applicant requests a Conditional Use Permit to operate a faith -based, nonprofit school and home daycare facility (Destiny Academy of Learning), serving up to 12 children between the ages of 2 and 11 years. The quarter -acre property, situated at the corner of Mineola Lane and Chesapeake's Macdonald Road, currently has a one (1) -story, single-family dwelling on it. The City of Chesapeake border with Virginia Beach is located adjacent to the front property line of the lot. The site is zoned R-10 Residential with A-18 Apartment and B-2 Business zoning on the opposite side of Mineola Lane to the north. ■ Considerations: The applicant, a retired educator with 30 years of experience, desires to employ up to four (4) part-time assistants for this nonprofit school and home daycare. While the home daycare provisions of the Zoning Ordinance limit daycare to only one (1) employee, the proposed private school allows additional personnel. The proposed hours of operation are 7:30 a.m. to 6:00 p.m. An after-school program would be geared towards children who are at least two (2) grade levels behind in reading and who have difficulty with math. Several positive letters of support and interest in the daycare and school facility, as well as a petition of support, were submitted by residents in the area. Two (2) driveways, one on each right-of-way, provide access to the site. The driveways are adequate to accommodate parking for both employees and the homeowner. It is also reasonable to expect that parents would use the driveway for pick-up and drop-off as well. In addition, the existing Mineola Lane right-of- way is of substantial width to accommodate parking for pick-up and drop-off of the children. The applicant has been working with the Building Official's Office to determine what upgrades are necessary for disability (ADA), fire safety, and other applicable requirements. In addition, the applicant is working with Social Services through their program to become licensed and certified for this type of daycare. The Department of Social Services is responsible for ensuring quality Olivia Daniels Page 2of2 care for the children. Condition 5 below requires that the applicant receive the license from the State; therefore, inspections and requirements of that agency must be met. The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children who come to this daycare and private school will be from the immediate and surrounding neighborhoods. ■ Recornmendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. A Certificate of Occupancy shall be obtained from the Building Official's Office prior to occupancy of the structure by any children participating in the daycare or school. 2. Verification of an existing connection to the sanitary sewer system from the City of Chesapeake shall be provided prior to issuance of the Certificate of Occupancy. 3. The combination of participants of the daycare and private school shall be limited to no more than 12 children other than children living in the home. There shall be no more than five (5) children under the age of 2'/ in the home at one time as required by the Department of Social Services. 4. The applicant shall obtain within six (6) months of the approval of this request for <a daycare and private school the applicable license(s) with the Commonwealth of Virginia and shall maintain said license(s) in good standing. Failure to maintain applicable license(s) shall result in revocation of this Conditional Use Permit. 5. The existing fence along Mineola Lane shall be brought into compliance with the City of Virginia Beach Zoning Ordinance and be maintained in good condition at all times to ensure a safe outdoor play area meeting the requirements of the Department of Social Services. ■ Attachments: Staff Reiview Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Managers , , ' CUP - Private School with Day Care REQUEST: Conditional Use Permit (private school and daycare) ADDRESS / DESCRIPTION: 3108 MacDonald Road GPIN: 1446956407 ELECTION DISTRICT KEMPSVILLE # 7 February 11, 2009 Public Hearing APPLICANT / PROPERTY OWNER: OLIVIA DANIELS STAFF PLANNER: Carolyn A. K. Smith SITE SIZE: AICUZ: 12,944 square feet Less than 65 dB DNL The applicant, a retired educator of 30 years, requests a SUMMARY OF REQUEST Conditional Use Permit to operate a faith -based, nonprofit school and home daycare facility (Destiny Academy of Learning), serving up to 12 children between the ages of 2 and 11 years. The applicant would like to employ up to four (4) part-time assistants. The typical hours of operation are proposed as 7:30 a.m. to 6:00 p.m. The after school program would be geared towards children who are at least two (2) grade levels behind in reading and who have difficulty with math. LAND USE AND ZONING INFORMATION EXISTING LAND USE: single family dwelling SURROUNDING LAND North: . Mineola Lane USE AND ZONING: . Rental townhomes /A-18 Apartment District • Rental apartments / B-2 Community Business District OLIVIA DANIELS Agenda Itefn 7 Page 1 MINE lid t CUP - Private School with Day Care REQUEST: Conditional Use Permit (private school and daycare) ADDRESS / DESCRIPTION: 3108 MacDonald Road GPIN: 1446956407 ELECTION DISTRICT KEMPSVILLE # 7 February 11, 2009 Public Hearing APPLICANT / PROPERTY OWNER: OLIVIA DANIELS STAFF PLANNER: Carolyn A. K. Smith SITE SIZE: AICUZ: 12,944 square feet Less than 65 dB DNL The applicant, a retired educator of 30 years, requests a SUMMARY OF REQUEST Conditional Use Permit to operate a faith -based, nonprofit school and home daycare facility (Destiny Academy of Learning), serving up to 12 children between the ages of 2 and 11 years. The applicant would like to employ up to four (4) part-time assistants. The typical hours of operation are proposed as 7:30 a.m. to 6:00 p.m. The after school program would be geared towards children who are at least two (2) grade levels behind in reading and who have difficulty with math. LAND USE AND ZONING INFORMATION EXISTING LAND USE: single family dwelling SURROUNDING LAND North: . Mineola Lane USE AND ZONING: . Rental townhomes /A-18 Apartment District • Rental apartments / B-2 Community Business District OLIVIA DANIELS Agenda Itefn 7 Page 1 South: . Single-family dwellings / R-10 Residential District East: . Single-family dwellings / R-10 Residential District West: . MacDonald Road • City of Chesapeake, single-family dwellings NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant cultural or environmental features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): MacDonald Road is a two (2) lane collector located within the City of Chesapeake. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic MacDonald Road No Data 6,200 ADT (Level of Existing Land Use 2 —10 Available Service "C") —11,100 ADT ADT' (Level of Service Proposed Land Use 3 -40 "E" ADT Average Daily Trips Z as defined by a single-family dwelling s as defined by 12 students in daycare/private school in conjunction with 1 dwelling WATER: This site must connect to City water. There is a six (6) inch City water main along Mineola Drive. Utilities within MacDonald Road are within the City of Chesapeake limits. SEWER: City of Virginia Beach sanitary sewer is not available. There appears to be a sanitary sewer system hook-up from the City of Chesapeake. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area as the Primary Residential Area. The land use planning policies and principles established 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 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. OLIVIA DANIELS Agenda Item 7 Page 2 Evaluation: The request for a home daycare and a private school, for up to 12 children, is acceptable subject to the conditions below. The quarter -acre property, situated at the corner of Mineola Lane and Chesapeake's MacDonald Road, currently has a one (1) -story, single-family dwelling on it. The applicant, a retired educator of 30 years, proposes to convert the dwelling into a private school and home daycare use. While the home daycare provisions limit the use to only one (1) employee, due to the proposed private school, additional personnel is acceptable. Several positive letters of support and interest in the daycare and school facility as well as a petition of support were submitted by residents in the area. Two (2) driveways, one on each right-of-way, provide access to the site. The driveways are adequate to accommodate parking for both employees and the homeowner. It is also reasonable to expect that parents would use the driveway for pick-up and drop-off as well. In addition, the existing right-of-way is of substantial width to accommodate parking for pick-up and drop-off of the children. Recently, a solid, privacy fence was installed to enclosure the rear yard. This fence creates a safe, large, outdoor play area for the children; however, it was installed contrary to the requirement of the Zoning Ordinance. A fence within the setback can be no higher than four (4) feet. The portion of the fence along Mineola Lane is approximately five (5) feet from the street and is six (6) feet high. Staff recommends a condition that the fence either be moved out of the 30 foot setback or reduced in height to four (4) feet. The traffic generated by the proposed daycare and private school is in keeping with typical in-home Conditional Use Permit requests for a home occupation. The applicant has been working with the Building Official's Office to determine what upgrades are necessary for disability (ADA), fire safety, and other applicable requirements. In addition, the applicant is working with Social Services through their program to become licensed and certified for this type of daycare. The Department of Social Services is responsible for ensuring quality care for the children. Condition 5 below requires that the applicant receive the license from the State; therefore, inspections and requirements of that agency must be met. The existing 1,960 square foot, single-family dwelling, and the fenced rear yard, is of ample size to accommodate the requested use. There is no specific requirement for floor area per child, but a reasonable amount of both indoor and outdoor space must be available for children's activities. A "rule of thumb" used by providers and Social Services is to plan on at least 25 square feet of indoor activity space for each child in care. In this case, as the applicant is requesting up to 12 children, the amount of area for the children equates to 300 square feet. As the applicant's home is 1,960 square feet, the home is large enough to accommodate the children. The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children who come to this daycare and private school will be from the immediate and surrounding neighborhoods. It is not anticipated that the daycare or the school on this site will adversely impact any surrounding properties, and, therefore, it is recommended for approval subject to the following conditions. CONDITIONS 1. A Certificate of Occupancy shall be obtained from the Building Official's Office prior to occupancy of the structure by any children participating in the daycare or school. 2. Verification of an existing connection to the sanitary sewer system from the City of Chesapeake shall be provided prior to issuance of the Certificate of Occupancy. 3. The combination of participants of the daycare and private school shall be limited to no more than 12 OLIVIA DANIELS Agenda Item 7 Page 3 children other than children living in the home. There shall be no more than five (5) children under the age Df 2'/2 in the home at one time as required by the Department of Social Services. 4. The applicant shall obtain within six (6) months of the approval of this request for a daycare and private school the applicable license(s) with the Commonwealth of Virginia and shall maintain said license(s) in good standing. Failure to maintain applicable license(s) shall result in revocation of this Conditional Use Permit. 5. The existing fence along Mineola Lane shall be brought into compliance with the City of Virginia Beach Zoning Ordinance and be maintained in good condition at all times to ensure a safe outdoor play area meeting the requirements of the Department of Social Services. 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. OLIVIA DANIELS Agenda Item 7 Pace 4 Yi, R 8 } Al, _ mF be 113 rill. 9 DNMS J. MTZ 15W rA GUST 21, 2008 SURVEYED THE PROPERTY SHOWN ON RFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 'G ON THIS SURVEY ARE THOSE WHICH WERE SHOWN PLAT. MACCIONALDR00 60! 0 10 SITE SURVEY OLIVIA DANIELS Agenda Item 7 Page 6 1 1 12/09/08 1 CUP church Granted ZONING HISTORY OLIVIA DANI.ELS Agenda Item 7 Page 7 E.S--ZILOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organiza1on, complete the following: 1. List ttie applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necesarrry Destiny Academy of Learning: feskct-c. ,,A- � cc( ac i C-41 4,uyu t - �c . 1c� {� Uxt TeuuY v�- 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. See n ext page for footnotes �s Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No L If yes, what is the name of the official or employee and the nature of their interest? Condlt*ml use Permit Application Page 9 of 10 Revised 7/3/2007' OLIVIA DANIELS Agenda Item 7 Page 8 IF- 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. 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 gnd view the site for purposes of processing and evaluating this application. out.t )ICOcant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name cmiditkmw Use P. -t Application DISCLOSURE STAIT OLIVIA DANIELS Agenda Item 7 Page 9 Item #7 Olivia Daniels Conditional Use Permit 3108 MacDonald Road District 2 Kempsville February 11, 20C19 REGULAR Donald Horsley: Our next item is item 7, Olivia Daniels. Application of Olivia Daniels for a Conditional Use Permit for a home occupation (private school/daycare) on property located 3108 MacDonald Road, District 2, Kempsville. Janice Anderson: Welcome. Olivia Daniels: (hank you. Good afternoon everyone. Donald Horsley: Good afternoon. Olivia Daniels: Madame Chairman. I would like to thank you for taking the time to listen to me. I thank Carolyn Smith for all her advice and help. Janice Anderson: Please state your name for the record. Olivia Daniels: My same is Olivia Danicls, 1427 Chocaw Lane. Janice Anderson: Thank you. We've review your application. Do you have some concerns with the conditions, I understand. Olivia Daniels: no. I agree to all of the conditional terms with an explanation of number 4, if I may? Janice Anderson: Okay. Olivia Daniels: I just would like to say that concerning the fence, I had the fence put up in the wrong location without me being aware of it. Okay? I'm more than willing, if you would allow me to keep the fence as is, I'm more than willing to maybe add some shrubs to beautify it, put little flowers around the fence and things like that to make the property more up to standards. Also, being on the corner lot with multi -family across the street, and not single family, the fence does not appear out of place. So, I'm asking permission to keep it in its current location, and like I said, I'll plant evergreen shrubs to soften the look. Okay? Janice Anderson: Okay. It is my understand that due to the location that you're right next to a right-of-way, it should be a four foot fence instead of six foot fence. The company that you Item #7 Olivia Daniels Page 2 had install it, should have been aware of those requirements. Have you contacted them that they could either move the fence or shorten the fence that you purchased? Olivia Daniels: Yes. I have made contact with them but I also would like to add. The fence was put up three days after I purchased the property. I purchased the property on the 17`h and I put the fence up on the 201h because someone came in on my property and stole the air conditioner. That is when I put up a six foot fence. Also, it is also there for the security of the children because with four feet on the side someone could just come over, reach over and take a child so for security reasons, as well as for me. Janice Anderson: Are there any questions? Thank you. If I can get Ms. Lasley to come up. Is she here? Henry Livas: She is here. Janice Anderson: Could you address the fence issue. This is normally a variance that comes up in front of BZA. Karen Lasley: No. We don't really even get many of them because they don't grant them. Do you know what the setback of your fence is? How far it is from your actual property line by any chance? The inspector went out. Did you know? Olivia Daniels: About five feet from the property line. Karen Lasley: About five feet in. Yeah. Okay. So, the regulations allow, again like she said for a four foot high fence. If she wants to keep the solid privacy fence that is supposed to meet the 30 foot setback. We take our fence regulations pretty seriously in Virginia Beach. We don't want our streets lined with fences. It creates kind of a canyon kind of look. Janice Anderson: How far off is her fence from the street? Karen Lasley: She thinks it is about five feet off. That is about what the inspector thought too. I don't have a survey of it. I can't tell you exactly but we estimate it to be about five feet from the property line. So, it would not be in keeping with other fences in the area. Everybody wants to have more fenced in backyard. I think it would set a precedent. Donald Horsley: So, what you're saying it needs to either be lowered to four foot or removed? Karen Lasley: Or moved back to 30 feet. Ronald Ripley: Karen, can you point where the fence physically is with the pointer? Item #7 Olivia Daniels Page 3 Karen Lasley: Yeah. It comes out to like about right here (pointing to PowerPoint). This is about a 35 foot setback from the corners of Mineola & MacDonald, so legally she can have it right in that area, Is there anything else for me? Janice Anderson: No. Thank you. Karen Lasley: Thank you. Donald Horsley: I got one other question for Karen. Don't people who install fences aren't they supposed to know about the regulations? Karen Lasley: Absolutely. They are supposed to get a permit. If they would just call our office before they start. .1 sure would like to get that word out there so maybe this would help. Please call us before you put up a fence or a shed. Yeah. Donald Horsley: So, really she can go back to the company that put the fence up and make them rectify the situation.. Right? Karen Lasley: I don't know what was in her contract. Some of the contracts say it is up to the property owner to get the permit but possibly yes. Janice Anderson: Al. Al Henley: Karen, to your knowledge? No permit was issued which is a requirement. To your knowledge, no permit was ever issued by this company or to the fence companyl Karen Lasley: No. It is required when a fence is along a public street and it was not issued. Al Henley: Okay. It certainly goes to the owner. It is really a lack of the responsibility or professionalism of the company that installed the fence. And technically, they are in violation of the ordinance by now obtaining the necessary permits. If they would have done so, you would of have a four foot fence or at least been notified properly as a property owner but instead put up, which appears to be a six foot stockade fence. Now technically, it is now in violation. They violated those conditions. Karen Lasley: I'll be glad to give you my card if you want to have them call me. I can explain. Maybe I can help a little bit. Janice Anderson: Okay. Karen Lasley: Okay. Janice Anderson: Are there any other questions? Go ahead Ron. Item #7 Olivia Daniels Page 4 Ronald Ripley: I wonder if the applicant had a preference instead of leaving it like it is to do one or the other. Janice Anderson: You can come back up to the podium ma'am. Thank you. I'm sorry. Ronald Ripley: Either lower it to four feet or move it back to the setback. Would you have a preference of either one of those two items? Olivia Daniels: I'm sorry. Lower it to four? Ronald Ripley: Lower the portion of the fence that is out of the setback, lower that to four feet or move it back to the 30 foot setback, which would put it back in the area that Ms. Lasley showed on the corner of your house. Isn't that the two options? Karen Lasley: Yes. Ronald Ripley: Is there one that you prefer? Olivia Daniels: To lower it four feet. Janice Anderson: That probably gives more area in the back for the children to play. I think probably that would be the best one too. Olivia Daniels: There is more than enough room for the children to play. But I am really concerned about their safety. Security reason is why. I do understand what you're saying about this a six foot fence and it should be a four foot but because of the security reasons and because of the fact that my air conditioner was stolen right after I closed on the property. Janice Anderson: Thank you. I think what Mr. Ripley was trying to say if you want to keep the enclosed area, the area that you have, you would have to reduce it to four but if you wanted to keep it up to the six feet because of your security you would just have to move it in. So, I guess it would be your option on which one you prefer on that. Donald Horsley: Until this situation is rectified, our only choice is that we're going to have to defer. Do you agree with this Henry? Henry Livas: Well, I think they could probably satisfy that in between now and City Council. If we're going to take a hard line that she has to do one or the other without giving her a waiver, and actually the fact that she is keeping the kids, probably ought to qualify for a waiver. I know Karen said she didn't want to set a precedent but I don't think this would be setting a precedent because not every house has child care. Janice Anderson: I think we should vote on it then and then we could put it as a condition that the fence will comply to our current setback and zoning requirements. And then approve it that way. Okay. Thank you ma'am. Item #7 Olivia Daniels Page 5 Olivia Daniels: Thank you. Janice Anderson: We'll take a vote on this shortly. Is there any opposition? Donald Horsley: No. Janice Anderson: Okay. Dave? David Redmond; I was just going to say it always pains me when you have people who are stuck in these situations and whether she misunderstood or the contractor wasn't watching his "P's" and "Q's", whatever. I'll just ask the staff if they could do whatever possible to help Ms. Daniels sort of identify the best and the most economical way of meeting what her needs are. I think her goal, which is to say protecting these children is the Lord's work; so, whatever you can do to help her, and I would hope that you could do that. And I agree with Henry's solution too. If she needs more time than that she can always before City Council or take more time before City Council. So, I'm ready. Janice Anderson: Do I have any further discussion or a motion to approve the application as presented by staff with the requirement? Henry Livas: I move that we approve it as presented. And you said that you wanted to add the condition? Janice Anderson: No. I think the condition says it must comply with the current fence ordinance. Henry Livas: Okay. I move that we approve it. Janice Anderson: A motion by Henry and a second by Dave Redmond. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 1 ABSENT t Ed Weeden: By a vote of 10-0, the Board has approved the application of Olivia Daniels. Item #7 Olivia Daniels Page 6 Janice Anderson: Thank you Ms. Daniels. f-....1-. I -? U--Xvk,n OAod'S Petition for a P,reschooUDaycare I am wking for your signature below if you are in favor of having a Preschool/Daycare in your community. Having a preschool would be a great convenience for working parents and would allow the children to take a personal interest in the care of their neighborhood. Name Address 17 3 Vgfi� 5. nick) Ot 10 � LA 7. WIf 8. Al n Living Again Ministries (DBA) Destiny Academy of Learning - - --------- tiq a _..vwTGY • iy rr'�son �afn MU 11 �u F{ ZSR CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALEXIS HOLDINGS L.L.C., Conditional Use Permit, motor vehicle sales, rental and service, 3962 Bonney Road. ROSE HALL DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The applicant requests a Conditional Use Permit for an expansion of the Lexus automobile sales and service facility currently located adjacent to the subject site. The site is currently occupied by a vacant building previously used as a bakery. The site is zoned B-2 Business. The North Rosemont Area is defined by a complex arterial roadway pattern that is further complicated by the confluence of a railroad crossing and an interchange ramp system in close proximity to one another. Studies are underway to consider alternative interchange configurations. The land use of this area is characterized by suburban strip commercial with some multifamily residential uses along Virginia Beach Boulevard. Revitalization of developed commercial sites and private redevelopment has occurred on property located along 1-264 in this area. The improvements to property and changes in land use have reinforced the suburban character of this area. ■ Considerations: The applicant plans to renovate the vacant 11,000 square foot building on the site to match the exterior appearance of the existing facility to the east. The exterior materials will be a mix of beige exterior insulation finishing system (E.I.F.S.) and neutral -color metal panels. Approximately half of the facade will consist of windows. The rear of the building is proposed as a repair shop, while the front will be remodeled as a parts and accessory sales center and for motor vehicle rental. The site plan depicts an upgrade of the existing gravel area on the northern portion of the site with 44 parking spaces. The parking lot in the front of the building, along Bonney Road, will be re -striped and upgraded with landscaping. Ingress and egress to the site will be via South Kentucky Avenue and Bonney Road, using existing access points. The site plan depicts the applicant's intent to vacate the existing interior property lines to create one (1) large parcel. Alexis Holdings, LLC Page 2 of 3 Several automobile related uses exist in the vicinity of this request, including the existing automobile service and repair facility immediately adjacent to the east. Based on the upgrades proposed by the applicant and the compatibility with surrounding uses, the proposal is acceptable. ■ Recommendations: The Planning Commission placed this item on their Consent Agenda, passing a motions by a recorded vote of 11-0 to approve this request with the following conditions: Recognizing that improvements to Bonney Road will ultimately impact the parking lot configuration in the front of the building along this right-of-way, when the property is redeveloped, the improvements shall be in substantial conformance with the plan entitled, "Preliminary Site Plan of 3962 Bonney Road, Charles Barker Lexus Dealer," prepared by John E. Sirine & Associates, Ltd., dated August 22, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Ingress and egress shall be upgraded and/or installed to meet the following unless otherwise approved by the Department of Public Works (following shall be depicted on the final site plan): a. The entrance apron on Bonney Road shall be upgraded to meet current City of Virginia Beach Public Works Specifications and Standards b. Since the entrance on South Kentucky Avenue is not wide enough for two-way traffic, said entrance must either be widened to 30 feet with an updated entrance apron or treated as a one-way entrance with appropriate signage and pavement markings. 3. When the building is renovated, the exterior building improvements shall be in substantial conformance with the elevation entitled, "Concept Elevations of Charles Barker Lexus, 3962 Bonney Road", prepared by Porterfield Design Center, which has been exhibited to the City Council and is on file in the Department of Planning. 4. The existing free-standing sign shall be removed. Any new sign shall be a monument sign, which shall be in substantial conformance with the sign elevation shown on the plan entitled, "Concept Elevations of Charles Barker LeXLIS, 3962 Bonney Road", prepared by Porterfield Design Center, which has been exhibited to the City Council and is on file in the Department of Planning. No moveable copy shall be permitted on the sign. 5. There shall be no outside storage or display of tires, parts, equipment, or merchandise. Alexis Holdings, LLC Page 3 of 3 6. There shall be no repair work, detailing, or car washing performed outside the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. 9. No vehicles shall be displayed on raised platforms, earthen berms, or any other structure intended to display a vehicle higher than the elevation of the main parking lot. 10. A fence shall be installed along the northern property line and shall be an all weather fence, minimum height of six (6), and shall match, to the applicant's best ability, the existing fence on the applicant's property immediately adjacent to the east. ■ 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 . 1KM REQUEST: Conditional Use Permit (motor vehicle sales, service and rentals) ADDRESS / DESCRIPTION: 3962 Bonney Road February 11, 2009 Public Hearing APPLICANT / PROPERTY OWNER: ALEXIS HOLDINGS, LLC GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1487133867 ROSE HALL 1.51 acres Less than 65 dB DNL The applicant requests a Conditional Use Permit for an SUMMARY OF REQUEST expansion of the automobile sales and service facility currently located adjacent to the subject site. The applicant plans to renovate the vacant 11,000 square foot building on the site to match the existing facility to the east. The exterior will be a mix of beige exterior insulation finishing system (E.I.F.S.) and neutral metal panels. Approximately half of the facade will consist of windows. The rear of the building is proposed as a repair shop while the front will be remodeled as a parts and accessory sales center and for motor vehicle rental. The site plan depicts an upgrade of the existing gravel area on the northern portion of the site with 44 parking spaces. The parking lot in the front of the building, along Bonney Road, will be re -striped and upgraded with landscaping. Ingress and egress to the site will be via South Kentucky Avenue and Bonney Road, using existing access points. The site plan depicts the applicant's intent to vacate the existing interior property lines to create one (1) large parcel. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant retail bakery shop ALEXIS HOLDINGS, LLC Agenda Item 8 Page 1 SURROUNDING LAND North: . Southern Boulevard USE AND ZONING: . Shopping center with mixed retail / B-2 Community Business District South: a Bonney Road • Apartments / A-18 Apartment District East: . Auto repair & service / B-2 Community Business District West: . Fuel sales / B-2 Community Business District • Restaurant and market / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in the vicinity of this application is considered a four (4) -lane undivided minor urban arterial. The MTP proposes an undivided facility within a 70 -foot right-of-way. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. Bonney Road / Kentucky Avenue Intersection Improvements Project (CIP 2- 018.002) consists of the reconstruction of the Bonney Road / Kentucky Avenue intersection. Improvements will include dedicated left turn lanes on eastbound and westbound Bonney Road as well as a dedicated southbound right turn lane on Kentucky Avenue. In addition, a new mast arm signal system will be installed to include video detection and emergency pre-emption. Pedestrian signal poles and crosswalks will also be installed with the intersection. The applicant's proposed development will be directly impacted by this CIP project. A right-of-way and a temporary construction easement will be needed for the completion of the project. Construction is tentatively schedule for February 2010. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 18,552 ADT 14,800 ADT (Level of Existing Land Use — 634 Service "C") — 27,400 ADT ADT' (Level of Service Proposed Land Use 3— 377 "E" ADT Average Daily Trips ' as defined by 11,310 square foot bakery Sas defined by auto parts, service, and rental WATER: This site must connect to City water. There is an existing 10 -inch City water main along Bonney Road and an existing 42 -inch City water transmission main along Southern Boulevard, SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #264 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. Construction bonds and plans will be required. There is an existing 8 -inch City sanitary sewer main along Bonney Road within a 20 -foot public utility easement. There is an existing 10 -inch City force main along South Kentucky Avenue and an existing 24 -inch HRSD force main along Southern Boulevard. ALEXIS HOLDINGS, LLC Agenda Item 8 Page 2 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The North Rosemont Area is defined by a complex arterial roadway pattern that is further complicated by the confluence of a railroad crossing and an interchange ramp system in close proximity to one another. Studies are underway to consider alternative interchange configurations. The land use of this area is characterized by suburban strip commercial with some multifamily residential uses along Virginia Beach Boulevard. Revitalization of developed commercial sites and private redevelopment has occurred on property located along 1-264 in this area. The improvements to property and changes in land use have reinforced the suburban character of this area. Evaluation: Staff recommends approval of the request for a Conditional Use Permit for an automobile sales and service facility. The existing building is dated and the site is in need of renovation. The improvements proposed by the applicant include: the renovation of the now vacant 11,000 square foot building to match the existing facility to the east; an upgrade of the existing gravel area on the northern portion of the site with 44 parking spaces; the enhancement of landscaping along Bonney Road; and, the re -striping of the parking area adjacent to Bonney Road. It should be noted that the parking lot adjacent to Bonney Road will be impacted by the proposed CIP 2- 018.002 inteirsection improvement project. A right-of-way and a temporary construction easement are needed for the completion of the project. Construction is tentatively scheduled for February 2010. City staff has been negotiating with the applicant to purchase 1,939 square feet of property along Bonney Road for intersection improvements at Kentucky Avenue and Bonney Road. Staff recommends a condition that all development/redevelopment on this site adhere to setbacks from the future and imminent right-of-way. Several automobile related uses exist in the vicinity of this request, including the existing automobile service and repair facility immediately adjacent to the east. Based on the upgrades proposed by the applicant and the compatibility with surrounding uses, Staff recommends approval subject to the conditions below. CONDITIONS 1. Recognizing that improvements to Bonney Road will ultimately impact the parking lot configuration in the front of the building along this right-of-way, when the property is redeveloped, the improvements shall be in substantial conformance with the plan entitled, "Preliminary Site Plan of 3962 Bonney Road, Charles Barker Lexus Dealer," prepared by John E. Sirine & Associates, Ltd., dated August 22, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Ingress and egress shall be upgraded and/or installed to meet the following unless otherwise ALEXIS HOLDINGS, LLC Agenda Item 8 Page 3 approved by the Department of Public Works (following shall be depicted on the final site plan): a. The entrance apron on Bonney Road shall be upgraded to meet current City of Virginia Beach Public Works Specifications and Standards b. Since the entrance on South Kentucky Avenue is not wide enough for two-way traffic, said entrance must either be widened to 30 feet with an updated entrance apron or treated as a one-way entrance with appropriate signage and pavement markings. 3. When the building is renovated, the exterior building improvements shall be in substantial conformance with the elevation entitled, "Concept Elevations of Charles Barker Lexus, 3962 Bonney Road", prepared by Porterfield Design Center, which has been exhibited to the City Council and is on file in the Department of Planning. 4. The existing free-standing sign shall be removed. Any new sign shall be a monument sign, which shall be in substantial conformance with the sign elevation shown on the plan entitled, "Concept Elevations of Charles Barker Lexus, 3962 Bonney Road", prepared by Porterfield Design Center, which has been exhibited to the City Council and is on file in the Department of Planning. No moveable copy shall be permitted on the sign. 5. There shall be no outside storage or display of tires, parts, equipment, or merchandise. 6. There shall be no repair work, detailing, or car washing performed outside the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. 9. No vehicles shall be displayed on raised platforms, earthen berms, or any other structure intended to display a vehicle higher than the elevation of the main parking lot. 10. A fence shall be installed along the northern property line and shall be an all weather fence, minimum height of six (6), and shall match, to the applicant's best ability, the existing fence on the applicant's property immediately adjacent to the east. 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. ALEXIS HOLDINGS, LLC Agenda Item 8 Page 4 AERIAL OF SITE LOCATION ALEXIS HOLDINGS* LLC Agenda Itern 8 Pa_ 5 Hyl auHr swiow'v�sy +aa��a a S # 900 83MV8 8"WHO ovou AaNmos cm It do c. it PROPOSED SITE PLAN ALEXIS HOLDINGS, LLC Agenda Item 8 Page 6 PROPOSED BUILDING ELEVATIONS ALEXIS HOLDINGS, .LC Agenda It 8 Page 7 I I;_ i �ya:=:� 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) S o►1ir,s C&PES 4C.a dt- Susaa RA.?40-9- ET's B Mot, 2. List all businesses that have a parent -subsidiary' or affiliated business ent42 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 0xi 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. ' & 2 See ne;d page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 ALEXIS HOLDINGS,:LC Agenda Itn 8 Page 9 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) �T vcft4m oaS4 ' "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 pCVording to the instructions in this package. Signature Ct6A0 —&izk'- Print Name Property Owner's Signature (if different than applicant) Print Name conditional Use Permit Application Page 10 of 10 Revised 9/112004 ALEXIS HOLDINGS,11-C Agenda Itn 8 Papt,10 Item #8 Alexis Holdings, L.L.C. Conditional Use Permit 3962 Bonney Road District 3 Rose Hall February 11, 2009 CONSENT Joseph Strange: The next application is item 8, an application of Alexis Holding Holdings, L.L.C. for a Conditional Use Permit for motor vehicle sales, rental and service on property 3962 Bonney Road, District 3, Rose Hall with ten (10) conditions. Billy Garrington Thank you very much Chairwoman Anderson and members of the Planning Commission. For the record, I'm Billy Garrington. It is my pleasure to be here today on behalf of the applicant Mr. Charles Barker and Charles Barker Lexus. The ten (10) conditions as noted in the staff write up, we are in total agreement on. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Gene Crabtree to review this item. Eugene Crabtree: This piece of property has always been the same. Most recently it was a bread store which went out of business. And since it is next door to the Lexus automobile people, it is ideal for them to acquire in order to make it a used car lot, and also a repair facility. The ten conditions that they have agreed to include landscaping and fencing around it, and improving the area. It has two entrances. One off of Kentucky Avenue and one off of Bonney Road, which makes it a very good in and out type of situation for this type of operation. They are going to do improvements to the building itself to bring it up to where it will be in conformity to their other buildings that they have in their operation of their business related to it. Staff has recommended approval for it. It does conform with the Comprehensive Plan, and the plans for this particular area along Bonney Road, and do to that, we put it on the consent agenda. Joseph Strange: Thank you Gene. Madame Chairman, I make a motion to approve item 8. Janice Anderson: We have a motion by Joe Strange and a second by Gene Crabtree. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE ABS 0 ABSENT 0 Item #8 Alexis Holdings, L.L.C. Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 8 for consent. ►1 E?. a -my 1-0 p0- R1,15" +� CIO FIR - Pik MAI 00 NO ;IM toI ti 'I oo ,r.1r, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PONTIAC ARMS APARTMENTS, INC., Conditional Use Permit, parking lot, 402 21St Street. BEACH DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a commercial parking lot. The site is zoned RT -3 Resort Tourist and is vacant. The Comprehensive Plan Map designates this area of the city as the Resort Area, an area planned for resort uses including lodging, retail, entertainment, recreational, cultural, and other uses. The Oceanfront Resort Area Plan adopted December 20, 2005 and amended as part of the City's Comprehensive Plan, identifies, on page 32, seven (7) primary points of arrival and departure for those visiting the Resort Area. One of those identified is 21St Street. The plan also recommends as one of its Planning Objectives for the Oceanfront Resort Area the reorganization of parking for the Resort Area. "The availability and number of public parking spaces should be increased significantly. The best place to locate these additional spaces is in or near the gateways to the oceanfront, to maximize efficiency." ■ Considerations: The submitted site plan depicts 23 parking spaces and one gated ingress -egress access along Arctic Avenue. The Resort Advisory Commission's Planning and Design Review Committee (PDRC) reviewed the initial proposal and recommended that additional landscaping be added to the western property line and that hours of operation match that of City public parking lots and garages. Subsequently, the applicant added additional landscaping and agreed to a condition of the Use Permit that the hours match the City public parking lots. ■ Recommendations: The Planning Commission placed this item on their Consent Agenda, passing a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Site Plan 21St Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers., dated October 28, Pontiac Arms Apartments, Inc. Page 2 of 2 20013, which has been exhibited to the City Council and is on file in the Department of Planning. 2. If fence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance -free materials shall be provided around the perimeter of the parking lot, with the exception of the gated ingress -egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and 15 feet from the 20 Y2 Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. ■ 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 )L. REQUEST: Conditional Use Permit for commercial parking lot. ADDRESS / DESCRIPTION: 402 21" Street. GPIN: 2427086210 #11 February 11, 2009 Public Hearing APPLICANT / PROPERTY OWNER: PONTIAC ARMS APARTMENTS, INC. STAFF PLANNER: Karen Prochilo ELECTION DISTRICT: SITE SIZE: AICUZ: BEACH 12,780 square feet 65 dB to 70 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a commercial parking lot. The plan depicts 23 parking spaces and one gated ingress -egress access along Arctic Avenue. The Resort Advisory Commission's Planning and Design Review Committee (PDRC) reviewed the initial proposal and recommended that additional landscaping be added to the western property line and that hours of operation match that of City public parking lots and garages. Additional landscaping was provided and hours conditioned to match the City public parking lots. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . 21St Street USE AND ZONING: . Multifamily dwellings / A-36 Apartment District South: • Alley PONTIAC ARMS APARTMENTS, INC. Agenda Item 11 Page 1 • Parking, lodge / RT -3 Resort Tourist District East: . Artic Avenue • Retail / RT -3 Resort Tourist District West: . Single-family dwelling and hotel / RT -3 Resort Tourist District NATURAL RESOURCE AND The site is a vacant, grassed area with no environmental or cultural CULTURAL FEATURES: significance. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): 21St Street in the vicinity of this application is a four lane one-way minor urban arterial. Arctic Avenue in this vicinity is a two-lane undivided minor urban arterial. There are currently no CIP projects scheduled for this section of 21St Street or section of Arctic Avenue. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 21 s' Street 12,200 ADT 14,800 ADT (Level of Existing Land Use — 0 ADT (2007) Service "C") — (empty lot) 22,800 ADT' (Level of Existing Land Use 2— 490 ADT Service "D") - Ca acit (RT -3 property) Proposed Land Use 3— Not Arctic Avenue 4,600 ADT 7,300 ADT (Level of (2007) Service "C") — available based on proposed 10,700 ADT' (Level of land use but will be lower than Service "D°) -Capacity I a RT -3 commercial use. Average Daily Trips gas defined by empty lot or 0.3 acre of RT -3 property 3 as defined by 23 space aritin lot TRAFFIC E14GINEERING: Continuation of sidewalk will be required across the Arctic Avenue frontage with ttuS site plan. There is currently a sidewalk on Arctic Avenue to the south that would tie into this piece of sidewalk. TRAFFIC ENGINEERING: This proposal represents a significant increase in impervious area. Stormwater quantity and quality should be addressed POLICE (C ITEM : A lighting plan should be submitted during site plan review. The plan should include the height of poles located in the parking lot along with the location of all pole -mounted and building -mounted lighting fixtures. The plan should also list the lamp type, wattage and type of fixture. It is recommended that full cut-off fixtures be used for parking lot lighting Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. PONTIAC ARMS APARTMENTS, .INC. Agenda Item 11 Page 2 Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as the Resort Area, an area planned for resort uses including lodging, retail, entertainment, recreational, cultural, and other uses. The Oceanfront Resort Area Plan adopted December 20, 2005 and amended as part of the City's Comprehensive Plan, identifies, on page 32, seven (7) primary points of arrival and departure for those visiting the Resort Area. One of those identified is 21St Street. The plan also recommends as one of its Planning Objectives for the Oceanfront Resort Area the reorganization of parking for the Resort Area. "The availability and number of public parking spaces should be increased significantly. The best place to locate these additional spaces is in or near the gateways to the oceanfront, to maximize efficiency." Evaluation: The Conditional Use Permit application to locate a surface parking lot along 21St Street with appropriate landscaping is in conformance with the Comprehensive Plan recommendations. The entrance will meet the requirements set forth in the Public Works Standards and Specifications Manual. CONDITIONS 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Site Plan 21St Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers., dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. If fence is installed provide a non-opaque fence no taller than four (4) feet, constructed of maintenance -free materials around the perimeter of the parking lot, with the exception of the gated ingress -egress. Include landscaping as required in the City's Parking Lot Landscaping Specifications and Standards outside of the fence. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and 15 feet from the 201/2 Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. PONTIAC ARMS APARTMENTS, INC: Agenda Item 11 Page 3 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all appdcable 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. PONTIAC ARMS APARTMENTS,NC. Agenda Itern,11 Page 4 AERIAL OF SITE LOCATION PONTIAC ARMS APARTMENTS, INC. Agenda Item 11 Page 5 20 112 STREET CONCEPTUAL SITE PLAN OCTOBER 2& 2M 21st STREET PARKING LOT Pontiac Arms Apartments, Inc.Virginia Reach, Virginia WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS PROPOSED SITE PLAN PONTIAC ARMS APARTMENTS, INC. Agenda Item, 11 Paola 6 PROPOSED ATTENDENTS KIOSK, PONTIAC ARMS APARTMENTS, INC. Agenda Item 11 Page 7 r� 1 401: 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) lem P. ,&feC6r4S. U, l ar . P SIT 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 2 See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 PONTIAC ARMS APARTMENTS, INC. Agenda Item 11 Page 9 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) Com. ' "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 sche4thfor p lic hearing, I am responsible for obtaining and posting the required sign subj ct pperty at least 30 days prior to the scheduled public hearing accoo the nstr ctions in this package. Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 9/1/2004 PONTIAC ARMS APARTMENTS, INC. Agenda Item 11 Pag6 10 Item #11 Pontiac Arms Apartments, Inc. Conditional Use Permit 402 21St Street District 6 Beach February 11, 2009 CONSENT Joseph Strange: The next item is item 11, an application of Pontiac Arms Apartments, Inc. for a Conditional Use Permit for a parking lot on property located at 402 21St Street, District 6, Beach with nine (9) conditions. Billy Garrington: Thank you very much. Members of the Planning Commission for the record again, I'm Billy Garrington on behalf of the applicant Pontiac Arms Apartments, Inc. The nine (9) conditions as contained in the staff write up, the owner is in total agreement with those conditions. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. The applicant wishes to build a commercial parking lot located on 21" Street. The plan depicts 23 parking spaces and one (1) gated ingress/egress access along Arctic Avenue. The RAC reviewed this application and recommended additional landscaping be added and that the hours of operation match the City public parking lots. And that has been provided, and therefore the Planning Commission has placed this on our consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I make a motion to approve item 11. Janice Anderson: We have a motion by Joe Strange and a second by Gene Crabtree. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board approved item 11 for consent. CUP for Public or Private College or University Relevant Information: • Lynnhaven District • Applicant requests a Use Permit to allow for a public or private college or university and beauty salon- spa. • The existing building is 55,746 square feet. • The applicant desires to operate in 6,000 square feet of the building. The balance of the building square footage will be used for office space. • AICUZ is 70-75. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (10-0-1). • There was opposition. J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WOWII, L.L.C., Conditional Use Permit, public or private college or university and hair care center (spa), 1701 & 1707 Will O' Wisp Drive. LYNNHAVEN DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for a public or private college or university and a beauty salon -spa. The existing building, constructed in 1973 as a psychiatric hospital, is 55,746 square feet. The site is zoned 0-2 Office. Medical office uses are situated to the west, Sentara Virginia Beach Hospital is located to the north, and single-family residential uses are located to the east and south. The Comprehensive Plan designates this area of the city as part of the Primary Residential / First Colonial Road Medical Corridor Area. The area includes a hospital and doctors' offices that provide a wide range of specialized medical care, numerous rehabilitation centers, and centers for independent, assisted, and nursing care of older adults. The area also includes a good mix of non-medical uses such as banks, general offices, places of worship, and other neighborhood based services. ■ Considerations: The applicant currently operates the Virginia Institute of Esthetics, the Society of Virginia SkinCare Specialists, the University of Esthetics and Research, and the Saponaria Skin Therapy Center. The proposed private school educates students in image consulting. The applicant desires to operate in 6,000 square feet of the 55,746 square foot building. The balance of the building will be used for office space. The applicant proposes to have 65 students and 10 professors on site. Hours of operation will be from 7:00 a.m. to 10:00 p.m., seven days a week, and the beauty salon -spa will be open to the public. WOWII, LLC Page 2 of 2 The request conforms to the Comprehensive Plan recommendations for the area and is in keeping with the medical and office uses existing to the north and west of the site. The provision for a beauty salon -spa is complementary to the residential uses existing to the east and south of the site. Sufficient parking exists to support the existing office uses and the proposed uses. There was opposition to the request from a neighborhood resident who was concerned about the effect of the proposal on parking along Wildwood Drive and Lindsley Drive. The resident noted that when there is parking on both sides of the roadways, two-way traffic on the roadways is very difficult. The Planning Commission concluded that this is a pre-existing issue but agreed that it needed to be addressed. The Department of Public Works / Traffic Engineering is studying the issue for the purpose of determining if "No Parking" signs on one side of the roadway are necessary. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following condition: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning / Permits and Inspections Division and the Virginia Department of Health. ■ Attachments: Staff Review DISCIOSUre Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Managerr ,� 6y,2' CUP for Public or Private College or University # 17 February 11, 2009 Public Hearing APPLICANT: WOWII, LLC PROPERTY OWNER: SHIPPING BOXES 1, LLC STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (public or private college or university and beauty salon -spa) ADDRESS / DESCRIPTION: 1701 and 1707 Will O' Wisp Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2408639112;2408626959 LYNNHAVEN 7 acres 70-75dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for a public or private college or university and beauty salon- spa. The existing building, constructed in 1973 as a psychiatric hospital, is 55,746 square feet. The applicant desires to operate in 6,000 square feet of the building. The balance of the building square footage will be used for office space. There are no plans in the immediate future to construct a proposed four-story office building, which is depicted on the submitted site development plan. The applicant currently operates the Virginia Institute of Esthetics, the Society of Virginia SkinCare Specialist, the University of Esthetics and Research, and the Saponaria Skin Therapy Center. The proposed private school educates students in image consulting. The applicant proposes to have 65 students and 10 professors on site. Hours of operation will be from 7:00 a.m. to 10:00 p.m., seven days a week, and the beauty salon -spa will be open to the public. WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is occupied by a 55,746 square foot office building, 275 parking spaces, and landscaping. SURROUNDING LAND North: . Will -O -Wisp Drive USE AND ZONING: . Across Will -O -Wisp Drive is Sentara Virginia Beach General Generated Traffic Hospital / 0-2 Office South: . Wildwood Drive • Across Wildwood Drive are single-family dwellings / R-15 Residential East: . Lindsley Drive Existing Land Use — 2,014 • Across Lindsley Drive are single-family dwellings / R-20 Residential West: . Offices / 0-2 Office NATURAL RESOURCE AND The western portion of the site is grassed. No significant natural CULTURAL FEATURES: resources exist on the site. There are no cultural features associated Proposed Land Use 3- with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Will -O -Wisp Drive, Lindsley Road, and Wildwood Drive are two-lane undivided local streets. There are no existing traffic counts for these roadways. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume First Colonial Road 45.473 ADT 17,300 ADT (LOS C) Existing Land Use — 2,014 — 31,700 ADT (LOS E) ADT Proposed Land Use 3- 1,962 ADT There is no traffic count data available for Will -O -Wisp Drive, Wildwood Drive, or Lindsley Road Average Daily Trips Y as defined by 55,746 SF office building 3 as defined by 49,746 SF office and 6,000 SF 'college' WATER and SEWER: This site is connected to City water and sewer. SCHOOLS: School populations are not affected by the request. WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area of the city as part of the Primary Residential / First Colonial Road Medical Corridor Area. The Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods. The plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the primary residential area. The Sentara Virginia Beach General Hospital anchors a major medical complex along First Colonial Road from Mill Dam Road south to Republic Drive. The area includes doctors' offices that provide a wide range of specialized medical care, numerous rehabilitation centers, and centers for independent, assisted, and nursing care of older adults. The area also includes a good mix of non-medical uses such as banks, general offices, places of worship, and other neighborhood based services. The proposal conforms to the Comprehensive Plan recommendations for this area. Evaluation: The request for a public or private college and beauty salon -spa is acceptable. The request conforms to the Comprehensive Plan recommendations for the area and is in keeping with the medical and office uses existing to the north and west of the site. The provision for a beauty salon -spa is complementary to the residential uses existing to the east and south of the site. Sufficient parking exists to support the existing office uses and the proposed request. Staff, therefore, recommends approval of the request subject to the condition listed below. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning / Permits and Inspections Division and the Virginia Department of Health. 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. WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 3 I I CONCEPTUAL WE PLAN Folk VM(MA BEACH HEALTH PAVILMN No mss &Rpm EXISTING (AND FUTURE) SITE PLAN WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 5 r Page 1. 11/10/99 Conditional Use Permit (dining hall) 8/10/70 Conditional Use Permit (psychiatric hospital) Approved Approved 2. 5/27/03 Conditional Use Permit (hospital) Approved 3. 1/11/00 Conditional Use Permit home occupation) Approved ZONING HISTORY WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 7 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) WOWII. LLC Members: Gale Levine Higgs: Scott Higgs 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List Ithe property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Shipping Boxes 1. LLC 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 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 7/3l2D07 WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 8 ODISCLOSURE STATEMENT PM=y �A 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) Trautman Sanliarc — I anal Sprvirac Burgess & Niple — Engineering Services 1 1 1011 111 1101 /VUDIII I ILII ofyyarkulialu - LJIVMGIdyO 0wIyILt:zi t "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of �PI nning to photograph and view the site for purposes of processing and evaluating this application. OWtt, L pplicant's Signature Print Name Shy ipptn xos 1, LLC „� 101 l Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/312007 WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 9 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 H necessary) Troutman Sanders — Legal Services CMSS. Inc. — Architectural Services Burgess A Niole — Engineering Services Thalhimeduxhman A Wakefield — Brokerage Services corporation directly or indirectly owns shares possessing more than So 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, (u) a controlling owner in one entity is also a controlling owner in the other entity, or (1) there is shared management or control between the business entiliw. 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 share the use of the same offices or employees or otherwise shave 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 § 2.23101. CERTIFICATION: I cw* that the information contained herein is true and accurale. 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 teest 30 days prior to the scheduled public hearing according to the instructions In thk package The ttrtderslgned also consents to entry upon the subject property by employees of the Department of Ptaruting to photograph and view the $ite for purposes of processing and evaluating this application. WOWO, LLC By: B � Applicant's Sig Print Mame 9hipping 80 .LLC csy- Property re�(Ifdffwent appitcant) Print Name Cordal W use Panna Appacdon Page 10 of 10 Revised 7i3f2007 WOWII LLC / SHIPPING BOXES 1, LLC Agenda Item 17 Page 10 Item #17 WOWII, L.L.C. Conditional Use Permit 1701 & 1707 Will O' Wisp Drive District 5 Lynnhaven February 11, 2009 REGULAR Donald Horsley: The next item to be heard today is item 17, WOWII, L.L.C. for a Conditional Use permit for a public or private college or university on property located on 1701 & 1707 Will O' Wisp Drive, District 5, Lynnhaven. Janice Anderson: Welcome Mr. Maynard Jeff Maynard: Thank you Madame Chairwoman and members of the Planning Commission. For the record, my name is Jeff Maynard and I'm a Virginia Beach attorney. I'm here on behalf of the applicant, Virginia Institute of Aesthetics, the tenant of the building. The applicant's name is WOWII. It stands for Will O' Wisp, which is where the property is located. I also have with me today Saphagee. She is the president of Virginia Institute of Aesthetics. I'll be explaining what her business is about, because she is with us in the audience today and I wanted to let you know that. The property, as you all probably know is located off of Will O' Wisp Drive, which is in the First Colonial corridor. It is the site of old Charter Behavioral Health Psychiatric Center exactly. Right now, this portion of the property is developed, and this portion of the property is vacant. You will see some shadowed lines in there and I'll get in to things in a minute because I think there are some questions on the future of this property. I represented my client when she purchased the property, about a year ago from Charter. She has had a lot interest. Initially, I think she thought she could seek a rezoning and maybe do a multi -family project there. Then as people knew that the prominent property, people know this facility because it has been around so long, people approached her with a variety of different interests, everything from new office buildings to converting the old hospital into an office facility, for now. Presently, that is what she intends to do is lease the existing facility with this current economic status of what's going in. There is a lot of new development projects coming out of the ground and financing for a project of this site, which I wouldn't say wouldn't be impossible but it is not likely to happen in the next several months. So in the meantime, she has decided to basically start leasing out this property for office. Her intention is to lease it for medical offices and things that are related to providing medical services, which is how Virginia Institute of Aesthetics comes to the board today. The shadowed lines, I believe are plans on the site plan. I don't thing she has submitted, but I will ask Faith. She has submitted a site plan, which would extend the parking. There has been some discussion with going forward with some structured parking on this site. I think the parking counts go way up when she starts converting this building to an office building. That is sort of in a future date. Where we are today is that we have the first tenant of a 55,000 square foot existing facility. Virginia Institute of Aesthetics wants to use 6,000 square feet. There are 200, I believe, and 25 parking spaces on site, so we are sort Item #17 WOWII, L.L.C. Page 2 of the first tenant in the building under the new ownership. Let me tell you a little bit about the tenant while 1 have it on my mind. I think it is important to understand. The staff report says it is a beauty salon or a spa. It is not the traditional type of spa where you would see members of the general public coming and going. That is not her operation. She is a school, and a training facility in part, and also a spa in part. She does offer some services to what she would call "VIP'" members. She offers training classes in anything from make up artistry to spa management, hair removal, skin care techniques, and dermatology, and those types of general self esteem image building services. So, during the week, her business is going to have about 65 students a day that will take classes. She offers a variety of curriculum in different disciplines. As I just explained, those curriculum involves anywhere from 100 hours a semester to 60C hours a semester, that is anywhere from 19 weeks to 26 weeks, depending on the discipline of the students. This is what is going to happen during the weekend. On the weekend, she will have what she calls "VIP" folks, who be friends and family members of her trainees who would come in and be basically the test subjects for the massage therapy and laser hair removal, and those types of things. I also wanted to point out that she does do some work with some charity groups. For example she has worked with four kids as sort of an outreach program to bring youths in that program to come through and help build their self esteem and get used to having a facial or a massage or something like that as a part of their business. It '3rovides good training and good subjects for her students to train on. It is sort of two -fold purpose. One it is providing educational services and training people who are going to be licensed providers for other types of professional imaging enhancement services. And the; other side is bringing and working with people for having test subjects to come by on the weekend. Her school is state accredited. She is licensed by the Board of Cosmetology and many of the students when they come in, they will come in and they have a high school diploma, or a OED or a college diploma, and as they progress they will work towards getting their appropriate licensure as well. Again, during the week there is going to be about 65 students there during the course of the day. Not at any given time. And about 10 staff members or instructors. And that's about it. I wanted to standby for any questions. I know we have a speaker in opposition, and I'll let her speak for herself. We think the Use is a good use. It fits with the office zoning as well as the medical uses around there, although she is not technically medical in the sense of performing surgery. We think it is in keeping with the types of ruses that are up and down that corridor. So, with that I'll be happy to answer any questions that you may have. Janice Anderson: Thank you. Are there any questions for Jeff? Thank you. Donald Horsley: Are you taking the place of Alyssa Embree? Jeff Maynard: Alysa Embree is with me today. Donald Horsley: Okay. We had her name down. That is fine. Jeff Maynard: Okay. Thank you. Donald Horsley: We have one speaker in opposition. Ms. Bricksler? Item # 17 WOWII, L.L.C. Page 3 Mari Bicksler: Bicksler, Donald Horsley: Bicksler? Okay. Mari Bicksler: It's Mary with an "I". Janice Anderson: Help him out with the name. Mari Bicksler: Good afternoon ladies and gentleman. My name is Mari Bicksler. I reside at 1652 Wildwood Drive. Although we have enjoyed our community being primo profile, it has been inundated, gosh for a decade with the ongoing high traffic volume generated by Sentara Hospital. We only have two entrances in access going into our community, going down Wildwood, Will O" Wisp, and across the street Lindsey. When the First Lab of Virginia, or Virginia First Lab, was there we had an awful lot of traffic congestion back up and the residents, including myself, are currently concerned with the safety issues that are presented going through our neighborhood as far as the high volume of cars. I've gone out and taken pictures in regards to primarily Lindsey Drive, as far as the people that are parking on both sides of the street. You are not able to really drive through that street without having to drive down the middle. You have on coming traffic as far as emergency vehicle event. You have nowhere else to go. And, this is becoming more and more of an issue. You go ahead and again, we want this to be a win-win situation for everybody. With the beauty spa coming over, and there is only 275 parking spaces right now, currently at the building at 1701 Will O' Wisp, it is going to compound the situation. As they start filling up that building with more and more tenants. And yes, they do have on the books to go ahead with that parking lot. We could actually end up with another 300 to 400 people in addition to what is already there as far as the people who live there trying to come and go from their homes. Also with Sentara, with their emergency vehicles, something needs to be done. So, at this point in time, they are asking to possibly have a traffic study done in regards to all those four streets. Also, post some no parking signs. Also, too, with that spa being open seven days a week from 7:00 am to 10:00 pm, they're asking that those hours be adjusted possibly to only having it open for half day on a Saturday and closed on a Sunday to minimize the mount of traffic flow going through the residential section, and also for residents and in conjunction with Sentara hospital. That is it? Janice Anderson: Thank you. Are there any questions of Ms. Bicksler? Would you like to pass those around? If you could give those to Mr. Redmond, he will take them. Mari Bicksler: I did want to add that I went out and measured the width of that street to approximately 32 feet across. When you have cars parking on the left and right hand side of the street, there is only about 15 feet that you could travel down the center of that. Again, that does pose a huge problem when you are traveling down there and you have an emergency vehicle coming in either direction. Where are you going to go? There is really no way to get off that street. . Janice Anderson: Is that Will O' Wisp or Wildwood? Item #17 WOWII, L.L.C. Page 4 Mari Bicksler: 'Chat would be on Lindsey Drive. Janice Anderson: The one in the back? Mari Bicksler: Yes, the one in the back. We only have one traffic light when you are at Wildwood Drive and First Colonial Road. There are medical offices there on both sides near that corner along with a bank. At any point in time during the day people are coming and going. The traffic starts backing up and backing up and backing up on Wildwood Drive. And, it literally makes it impossible. The people who do live on Wildwood Drive that are near that corner, they constantly complain because they can't get into their driveways, and they can't back yup of their driveways without the fear of getting hit. In mind, there are two Norfolk Police Officers that live in the first house behind that medical building there on the right (pointing to PowerPoint). Actually, I talked to them yesterday, and they said that was their biggest complaint they had too. What are they going to do? Janice Anderson: Okay. Thank you. Are there any questions of Ms. Bicksler. Thank you. Mari Bicksler: Thank you. Bye. Donald Horsley: There are no other speakers. Janice Anderson: Ric, can I ask you a question? I know you probably hadn't studied this too much. I guess there is on street parking. Are you aware of any of that on street parking on Lindsey Drive? Ric Lowman: Well, on street parking is allowed on residential streets. It is just like any other street in an;y other neighborhood. With it being 32 feet wide, that is the standard width for a residential street. Now commercial streets and industrial streets are required to be 36 feet from face to face, and that is because you see more concentrated traffic. In neighborhoods sometimes you hide behind another car while passes. But when you have a high volume of commercial traffic, that is when you really want to keep two lanes frees so you don't kind of have to hide out like she says when a car is trying to pass. You have to wait to pass you. We could take a look at that situation to see if it there is a lot of commercial traffic parked in there. If it is commercial traffic, then what they may say is they may restrict parking to one side of the street. Janice Anderson: So, that is something that she could ask your department to do? Ric Lowman: She; can call Traffic Engineering. If anybody has problems with traffic on residential streets or on streets where there is commercial parking and it is meant to be a residential street, you can call Traffic Engineering and we will come out and do a parking study. We will take a look at the situation. Janice Anderson: Okay. Great. Item #17 WOWII, L.L.C. Page 5 Ric Lowman: But the only remedy, and again it is just a potential remedy, we'll be eliminating parking on side of the street so you can have 20 to 22 feet, so two cars can pass without having to kind of duck. Janice Anderson: Okay. Go ahead Al. Thank you. Al Henley: Ric, to answer some of her concerns on Lindsey Drive, the east side of that is residential I believe, the western part, of course is this property were looking at today. I know the city has a policy. Can those residents who reside on the east side of Lindsey Drive, can they petition the city and request that no parking on one side of the road take place? Then your department would investigate that to see if that is allowed? Ric Lowman: Yes. Absolutely. That is something that our department does take a look at. They can petition. Obviously, it would have to be a safety kind of a thing for us to prohibit parking. It is a public street, so just like in the neighborhood, you have the right to park on either side of a public street, unless it is so narrow that it is unsafe to do so. So, we will go out and take a look at it. We will determine whether we feel it is a safety issue, and if it is a safety, not necessarily a nuisance because you always have cars there, but if it is a safety factor for the street, we will consider eliminating parking on one side of the street. Al Henley: With those residents who front on Lindsay Drive, would it have to a 100 percent participation? Ric Lowman: I don't think so. Al Henley: You don't? Ric Lowman: It would certainly go along ways towards our decision, but again our primary focus there is going to be safety. Al Henley: Okay. Thank you. Ric Lowman: Sure. Janice Anderson: Are there any other questions? Thank you Ric. Ric Lowman: Thank you. Janice Anderson: Mr. Maynard? Jeff Maynard: Thank you Ms. Anderson. I don't know if I have anything else to add. I think some of the concerns that have been raised are probably valid. I've seen some other photographs that are being passed around. But those are much larger issues than are related to a 6,000 square foot tenant who occupies only 6,000 square feet of a 55,000 square foot �� building. There is adequate parking on site for her use. For that reason, I don't know if there Item #17 WOWII, L.L.C. Page 6 is anything that the tenant can offer. I'm happy as my client the landlord continues with her plans. Hopefully those issues will be flushed out at any site plan approval or she comes back to this body for a rezoning or any future use permit, maybe those issues can be addressed from the development of the properties as a whole if and when that occurs. Janice Anderson: Could you tell me how you access this property? Is if off of Wildwood and Lindsey? Jeff Maynard: Yes. Actually the overhead doesn't show it as well. There is an entrance here (pointing to PowerPoint). There is a small delivery entrance back here. And, I think there is one both here anal here. Janice Anderson: So all three. Jeff Maynard: I think they are here and here off of Will O' Wisp. But the future plans, if you switch to the one, there is an entrance here, so I think there is a small parking lot here. I've been out to the site but I don't remember this entrance. Frankly, it's been a little bit, and then an entrance here. This is Lindsey Drive and this is the delivery entrance. Speaking with the tenant a second ago, she said she would be happy to agree to some sort of condition where she would direct her students and the folks that are with her business to use the entrance on Wildwood Drive. I don't know how much that would help but she is willing to do that. Janice Anderson, Okay. Are there any questions of Mr. Maynard? Jeff Maynard: Thank you. Janice Anderson: Thank you. Go ahead and open it up for discussion. Gene? Eugene Crabtree: I think what is being proposed today is a minimal impact on the property and the streets around it. Granted, if the property is developed fully and is rented, then the parking and the parking lots and the street traffic would become and issue. But what is before us today would just be a small amount of the building that is going to be occupied for what is currently proposed. I think it is minimal. I don't think any of these parking concerns or traffic concerns apply to our application today. So, therefore I'm going to support the application as presented. Janice Anderson: Are there any other comments? I'll probably make the same observation. That this is an existing office space and this is an appropriate use in that office space. I think it mixes in the corridor. I agree with the pictures that there appears to be a parking issue on the roads around. As Ric Lowman stated, if you talk to Traffic Engineering, and see if they can't alleviate that problem for her. That would probably be the best avenue, but so far there is adequate parking at this office space. I would be in support of it also. Eugene Crabtree: I'll make a motion that we approve the application. Item #17 WOWII, L.L.C. Page 7 Janice Anderson: A motion to approve by Gene Crabtree. Donald Horsley: I'll second it. Janice Anderson: A second by Don Horsley. Ronald Ripley: Madame Chairman? Janice Anderson: Yes. Ronald Ripley: I'm going to vote on this, but I do want to disclose that Scott Hicks and Gale Hicks are members and we do business with them. I have no relationship with this property at all. Janice Anderson: Thank you. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved the application of WOWII, L.L.C. THUMMEL ASSOCIATES Thumel Associates, L. C. Relevant Information: • Beach District • Applicant requests a Conditional Use Permit to allow motor vehicle sales and service on the front portion of the property and bulk storage in a designated area on the rear portion of the property. • The existing building and the site will be extensively upgraded. • AICUZ is Greater than 75. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was no opposition. • Consent agenda. t y� si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THUMMEL ASSOCIATES, L.C., Conditional Use Permit, motor vehicle sales, service and bulk storage, 1752 Virginia Beach Boulevard. BEACH DISTRICT. MEETING DATE: March 10, 2009 ■ Background: The applicant requests a Conditional Use Permit to allow motor vehicle sales and service on the front portion of the property and bulk storage in a designated area on the rear portion of the property. The site is zoned B-2 Business and is located along an area of Virginia Beach Boulevard that is largely under -developed. The Comprehensive Plan designates this area as part of Strategic Growth Area # 7 — Hilltop/North Oceana Area. The Comprehensive Plan identifies the First Colonial Road corridor from 1-264 to Hilltop and Laskin Road through the Hilltop area as an area that is considerably undeveloped. The plan recommends non- residential uses because of the influence of AICUZ high noise in this area. Special attention should be paid to quality site and building design, including signs, to increase the overall attractiveness of this area. ■ Considerations: There is an existing vacant building toward the front of the site that would be remodeled for the motor vehicles sales and service. The applicant will not be operating a body shop, and there will be no storage of junked or inoperative vehicles in the storage compound. The site will be improved and landscaping will be installed. The hours of operation will be Monday through Saturday, 7:00 a.m. until 8:00 p.m. The proposed sales and service facility is compatible with the surrounding uses in the area, which include other automobile -related businesses, warehouse uses, and sales. The proposal is an upgrade to a vacant lot that has fallen into disrepair. The existing building is dated, and the site is in need of renewal. The improvements proposed by the applicant, which include the renovation of the vacant building, an upgrade of the existing parking including re -striping of the parking area, and the enhancement of landscaping, are seen as a step in the right direction for this area. Thumel Associates Page 2 of 3 ■ Recommendations: The Planning Commission placed this request on their Consent Agenda, passing a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "PRELIMINARY SITE PLAN V.B. MOTOR SPORTS" prepared by Gallup Surveyors and Engineers, LTD., dated August 13, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Who:n the building is renovated, the exterior building improvements shall be in substantial conformance with the elevations entitled, "1752 VIRGINIA BEACH BLVD ELEVATION VIRGINIA BEACH MOTOR SPORTS" and "PARKING LOT ELEVATION VIRGINIA BEACH MOTOR SPORTS", dated July 28, 2008, prepared by Covington Hendrix Anderson Architects, which has been exhibited to the City Council and is on file in the Department of Planning. 3. When the property is developed, the landscaping shall be in substantial conformance with the plan entitled, "LANDSCAPE PLAN V.B. MOTOR SPORTS" prepared by Gallup Surveyors and Engineers, LTD., dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. Category VI screening is required around the bulk storage. Stone shall not be used in lieu of mulch for the landscaping or sign areas. 4. Ingr4:ss and egress shall be upgraded and/or installed to address the following unless otherwise approved by the Department of Public Works (following shall be depicted on the final site plan): The entrance to 1748 Virginia Beach Boulevard and the proposed site overlap. This entrance will be blocked by proposed on-site parking. The applicant shall install curb and gutter, landscaping, and sidewalk up to the adjacent property (1748 Virginia Beach Boulevard). Reestablishment of the entrance radius at the property line is required. 5. Vehicles for sale shall be limited to twelve (12) defined parking spaces to be determined and located within the area designated for display within the paved parking lot. No vehicles shall be displayed on raised platforms, earthen berms, or any other structure designed to display a vehicle higher than the elevation of the main parking lot. 6. All repairs will be prepared inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition Thumel Associates Page 3 of 3 require storage, then such vehicles shall be stored within the building. 7. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 8. The hours of operation will be Monday through Saturday, 7:00a.m. to 8:00 p.m. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S # 73 February 11, 2009 Public Hearing APPLICANT / PROPERTY OWNER: THUMEL ASSOCIATES STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (motor vehicle sales and service and bulk storage) ADDRESS / DESCRIPTION: 1752 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2407762017 LYNNHAVEN 1.23 acres Greater than 75 dB DNL APZ -1 The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST motor vehicle sales and service on the front portion of the property and bulk storage in a designated area on the rear portion of the property. There is an existing vacant building toward the front of the site that would be remodeled for the motor vehicles sales and service. The applicant will not be operating a body shop and there will be no storage of junked or inoperative vehicles in the storage compound. The site will be improved and landscaping will be installed. The hours of operation will be Monday through Saturday, 7:00 a.m. until 8:00 p.m. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant commercial site SURROUNDING LAND North: • Undeveloped property adjacent to 1-264 / B-2 Community THUMEL ASSOCIATES, LC. Agenda Item 13 Page 1 USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: Business District • Across Virginia Beach Boulevard is retail / B-2 Community Business District • Auto repair / B-2 Community Business District • Motel / B-2 Community Business District There are no known significant natural resources or cultural features associated with the site. The site is about half impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is a four -lane minor urban arterial. The MTP proposes a divided facility within an ultimate right-of-way of 100 feet. Capital Improvement Project 2.072: First Colonial Road / Virginia Beach Boulevard Intersection Improvement is currently scheduled for this segment of Virginia Beach Boulevard. This project will improve the First Colonial Road / Virginia Beach Boulevard intersection with the addition of turn lanes and traffic signalization improvements. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 31,836 ADT 14,800 ADT (Level Existing Land Use z-13 ADT Boulevard 1,389 Peak Hour of Service "C") Proposed Land Use s-87 22,800 ADT' (Level ADT 4 AM / 3 PM peak hour of Service "D") entering (weekday) 27,400 ADT' (Level of Service "E" Average Daily Trips ' as defined by 2,639 SF furniture store 3 as defined by 2,639 SF auto sales / bulk storage Sidewalk improvements must be installed within the right-of-way along the front of the property on Virginia Beach Boulevard. The entrance to the adjacent site at 1748 Virginia Beach Boulevard and the proposed site overlap. This entrance will be blocked by proposed on-site parking. The installation of curb and gutter, landscaping, and sidewalk up to the adjacent property at 1748 Virginia Beach Boulevard is required. Re- establishment of the entrance radius at the property line is required. A dedication of eight feet is requested to achieve the ultimate right-of-way for Virginia Beach Boulevard in accordance with the Master Transportation Plan. WATER: This site must connect to City water. There is a 12 -inch City water line in Virginia Beach Boulevard. SEWER: This site must connect to City sanitary sewer. Pump Station #262 the receiving pump station for this site has had capacity issues and may require system, modification. An engineering hydraulic analysis of Pump Station #262 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are two 8 -inch City gravity sanitary sewer mains in Virginia Beach Boulevard. FIRE: No Fire Department comments at this time. THUMEL ASSOCIATES, LC. Agenda Item 13 Page 2 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area as part of Strategic Growth Area # 7 — Hilltop/North Oceana Area. The Comprehensive Plan identifies the First Colonial Road corridor from 1-264 to Hilltop and Laskin Road through the Hilltop area as an area that is considerably undeveloped. The plan recommends non-residential uses because of the influence of AICUZ high noise in this area. Special attention should be paid to quality site and building design, including signs, to increase the overall attractiveness of this area. Evaluation: This request for a Conditional Use Permit for motor vehicle sales and service as well as bulk storage in the rear is acceptable. The proposed sales and service facility is compatible with the surrounding uses and current character of this area, which includes other automobile -related businesses, warehouse uses, and sales. S`.aff views this request as an upgrade to a vacant lot that has fallen into disrepair. The existing building is dated, and the site is in need of renewal. The improvements proposed by the applicant, which include the renovation of the vacant building, an upgrade of the existing parking including re -striping of the parking area, and the enhancement of landscaping, are seen as a step in the right direction for this area. CONDITIONS 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "PRELIMINARY SITE PLAN V.B. MOTOR SPORTS" prepared by Gallup Surveyors and Engineers, LTD., dated August 13, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. When the building is renovated, the exterior building improvements shall be in substantial conformance with the elevations entitled, "1752 VIRGINIA BEACH BLVD ELEVATION VIRGINIA BEACH MOTOR SPORTS" and "PARKING LOT ELEVATION VIRGINIA BEACH MOTOR SPORTS", dated July 28, 2008, prepared by Covington Hendrix Anderson Architects, which has been exhibited to the City Council and is on file in the Department of Planning. 3. When the property is developed, the landscaping shall be in substantial conformance with the plan entitled, "LANDSCAPE PLAN V.B. MOTOR SPORTS" prepared by Gallup Surveyors and Engineers, LTD., dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. Category VI screening is required around the bulk storage. Stone shall not be used in lieu of mulch for the landscaping or sign areas. 4. Ingress and egress shall be upgraded and/or installed to address the following unless otherwise approved by the Department of Public Works (following shall be depicted on the final site plan): THUMEL ASSOCIATES,,: LC. Agenda Item 13 Page 3 The entrance to 1748 Virginia Beach Boulevard and the proposed site overlap. This entrance will be blocked by proposed on-site parking. The applicant shall install curb and gutter, landscaping, and sidewalk up to the adjacent property (1748 Virginia Beach Boulevard). Reestablishment of the entrance radius at the property line is required. 5. Vehicles for sale shall be limited to twelve (12) defined parking spaces to be determined and located within the area designated for display within the paved parking lot. No vehicles shall be displayed on raised platforms, earthen berms, or any other structure designed to display a vehicle higher than the elevation of the main parking lot. 6. All repairs will be prepared inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 8. The hours of operation will be Monday through Saturday, 7:00a.m. to 8:00 p.m. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. 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. THUMEL ASSOCIATES, LC. Agenda Item 13 Page 4 AERIAL OF SITE LOCATION THUMEL ASSOCIATES, LC. Agenda Item 13 Page 5 a' ✓ wws. d E14STING CREPE MYRTIES 70 REMAIN Nat.1 MKQow Pl. 'orh. PROPOSED ..'1ARRGiNIA BEACH BLVD. (80' R/W) 9 APRON PROPOSED SITE LAYOUT THUMEL ASSOCIATES,: LC. Agenda IteM 13 Page 6 FUTURE RETENTION POND TO BE CONSTRUCTED COVE CIP 2-072 tir 8 auanwrKr a r d d +r d d r�r c °r ti M'7"t� � a► d ara►os�o r NIaX d d soW wom s'd� d d,. of xy d , � auaxassnw wast wrimottas aGoo'oww� ^w� r MMW r d N 7i'1 '► N 7a11vw ~••_•1— auaw f ry� Y M NfN �IA a0WAM d oun V TENS AREA TO BE USED FOR VEHI STORAGE wwocp�re°ra d d� ar d ►�° w.r+.armaRua aamprrw d d OwRrM+a'O +ewr' now & som �+r r a uaul a art $ ■ W ars a-+ rnrw wI a n waw laud` ttauAa d d n xsrr+ d a EXISTING ONE—STORY a+ BLOCK BUILDING TO w' BE REMODELED a d w a PROPOSED CG -2 CURB �+r"r a' ✓ wws. d E14STING CREPE MYRTIES 70 REMAIN Nat.1 MKQow Pl. 'orh. PROPOSED ..'1ARRGiNIA BEACH BLVD. (80' R/W) 9 APRON PROPOSED SITE LAYOUT THUMEL ASSOCIATES,: LC. Agenda IteM 13 Page 6 Aw mow #. —Am ouo FUTURE RETEN71ON POND M BE CONSTRUCTED COVE CIP 2-072 aAMa nu v wr d Maq`rr,Ca CAN N W ��o�wwe raiwa"` Nita tid v ma ares«. Ma away a MMP esw w 4r MA' r A r wrowuw c mat awsbf rAmw Ar TMsrr` "wwa MMpw ow. WT rN 11- ry L w' � rax u+t nc r ca, fm MEW am urge -m WWt ' emm air MW arm W LVO$C*^ iMi MEA FM L*JV9CWC KM BEACH BLVD. (80' R/W) 0 e sf PROPOSED DEMOLITION PLAN THUMEL ASSOCIATES, LC. Agenda Item... 13 Page 7 -.--- RGINIA BEACH BLVD. (SO- R/W) PROPOSED LANDSCAPE PLAN THUMEL ASSOCIATES, LC. Agenda Items 13 Pane 8 14 PROPOSED LIGHTING PLAN THUMEL ASSOCIATES, I -C. Agenda Item 13 Page 9 mop M� � fN\it\x\ L humet Associates z.G. IA. $ -2, n uo ow rm east jff� P ko Six, a M 0 0 CLIP for Motor Vehicles Sales & Service Bulk Storage 1 12/14/04 Conditional Use Permit automobile service station Granted 2 08/24/04 Conditional Use Permit motor vehicle sales Granted 3 02/11/03 Conditional Use Permit motor vehicle sales Granted 4 05/28/02 Conditional Use Permit cellular telephone antenna Granted 5 11/13/01 Conditional Use Permit motor vehicle sales Granted 6 11/13/01 Conditional Use Permit tattooparlor) Denied 7 08/28/01 Conditional Use Permit (automobile repair establishment — minor repair & bulk storage) Granted 8 11/09/99 Conditional Use Permit motor vehicle sales Granted 9 09/08/98 Conditional Use Permit bulk storage and Granted 10 02/25/85 Conditional Use Permit bulk storage and Granted 11 - APZ auto sales & services ZONING HISTORY THUMEL ASSOCIATES,, LC. Agenda Item 13 Page 10 FDISCLOSURE 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) 1 � - LP,. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NIA ❑ 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 t e City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the Acial or employee and the nature of their interest? CondltionA Use Permit Application Pape 9 of 10 Revised 7/3/2007 THUMEL ASSOCIATES,11C. Agenda Item 13 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship' means "a relationship that a xists 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. Z "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 according to the instructions in this package. The undersigned also consents to entry upprfihe sub property by employees of the Department of Planning to photograph vie t site for pu es of processing and evaluating this application. V .,VI cw, I aU-At _ Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/312007 THUMEL ASSOCIATES,,LC. Agenda Item 13 Page 12 Item #13 Thumel Associates, L.C. Conditional Use Permit 1752 Virginia Beach Boulevard District 6 Beach February 11, 2009 CONSENT Joseph Strange: The next item is item 13, an application of Thumel Associates, L.C. for a Conditional Use Permit for motor vehicle sales, service and bulk storage on property located at 1752 Virginia Beach Boulevard, with nine conditions. Billy Garrington: Thank you Madame Chairman and members of the Planning Commission. For the record, Evilly Garrington, here on behalf of the applicant Mr. Bill Thumel, Thumel Associates. Mr. Thumel is also in the audience today. There are nine (9) conditions contained in the staff write up on this and Mr. Thumel is in agreement with those conditions. Joseph Strange: Okay. Thank you very much. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Ron Ripley to review this matter. Ronald Ripley: ;foe. Thank you. This is a redevelopment of a site. It is a Conditional Use Permit for sales, service and bulk storage. Mr. Thumel, has been in this business for a while, I think. He's proposed to the Commission a real improvement to this challenged stretch of road between the expressway, and I guess down at the Oceana area. The area is limited any way from the AICUZ to A non-residential use. I commend this proposal is a real good use of the land. It is really improving this stretch of the area, and staff has recommended approval and we've placed it on consent. Joseph Strange: Thank you very much Ron. Madame Chairman, I make a motion to approve item 13. Janice Anderson: We have a motion by Joe Strange and a second by Gene Crabtree. Thank you. I need to abstain from agenda item 13. AYE 10 NAY 0 ANDERSON BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE ABS 1 ABSENT 0 ABS Item #13 Thumel Associates, L.C. Page 2 Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 13 for consent. REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 13 for consent. -46- V-L.S.a/b. PLANNING ITEM # 58150 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinances upon application of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District re townhouse -style multi family dwelling units and a Conditional Use Permit re fuel sales with a convenience store: A ND, ORDINANCE UPON APPLICATION OF 1250 CENTERVILLE, L.L.C., AT 2120 CENTERVILLE TURNPIKE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY BUSINESS DISTRICT TO CONDITIONAL A-24 Ordinances upon application of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District, (GPIN.- 14640816830000) DISTRICT 1- CENTERVILLE ORDINANCE UPON APPLICATION OF 1250 CENTERVILLE, L.L.C., AT 2120 CENTERVILLE TURNPIKE FOR A CONDITONAL USE PERMIT RE FUEL SALES Ordinances upon application of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike for a Conditional Use Permit re fuel sales (GPIN.• 14640816830000) DISTRICT I - CENTERVILLE Voting: 11-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: WIT.r Council Members Absent: None October 14, 2008 C ty C� -r. �7& l J _Tore } 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1250 CENTERVILLE, L.L.C., Change of Zoning District Classification (B-2 Community Business District to Conditional A-24 Apartment District) and Conditional Use Permit (fuel sales with a convenience store), 2120 Centerville Turnpike, CENTERVILLE DISTRICT MEETING DATE: March 10, 2009 ■ Background: The applicant requests a rezoning of 11.11 acres of a portion of a 16.12 acre parcel, currently zoned unconditional B-2 Community Business District, to Conditional A-24 Apartment District. The applicant proposes to develop the site with 100 townhouse -style multi -family dwelling units. The balance of the 16.12 acre site will be developed with several commercial uses, consistent with the current B-2 Business zoning of the site. The residential and commercial components will be integrated, as the sites will share access and the proposed buildings will be complementary to each other with regard to building materials and design. The City Council deferred these items on October 14, 2008 to allow the applicant the opportunity to meet with the community to discuss the applications. That discussion occurred during a Centerville Town Hall Meeting at Tallwood High School on January 7, 2009. Based on those discussions, the applicant requests that these applications now be heard by the City Council. The items have been re -advertised and new public notice signs have been posted on the property. ■ Considerations: The proffered site plan submitted as part of the rezoning depicts 100 units contained within 18 buildings in groups of five -unit and six -unit buildings and one four -unit building. The proposed density is 10.77 units to the acres. If the land area within the 120 -foot Virginia Dominion Power easement that nuns along the northern edge of the site is included in the density calculation, the proposed density would only be 9 units to the acre. The units facing Lynnhaven Parkway will have parking in the rear and paver -surface parallel parking along the front of the units to simulate an urban area. The units along the northern portion of the site will face the proposed lake, which will act as an amenity and a stormwater management feature. The units in the middle of the site are clustered around open space green areas which have paver -surface walking trails. The proposed development features 43 percent open space throughout the site. All of the units will have two parking spaces and garages. Additional parking is scattered 1250 Centerville, L.L.C. Page 2 of 4 throughout the site. The main access to the development will be via Lynnhaven Parkway, and the residents will have an access to the commercial site that fronts on Centerville Turnpike. The applicants are seeking to achieve a high-end townhome dwelling with a price range of $250,000 to $300,000. The proposed units are two-story with several different: and interesting architectural features. The roofs will be architectural grade shingles. Half round gutters with full round downspouts will drain into terra cotta pots. The gutters will be secured with decorative brackets. The exterior of the dwellings will be a mix of brick and hardi-plank siding. Textured masonry blocks in the brickwork add visual interest to the frontage of the dwellings. Exterior accents such as columns, corner boards, railings and trim will be of low mainterance materials. Windows will have textured masonry heads and sills. Suspended canopies will cover the front entrances to the units. Garage doors will be raised panel doors with vision lights, and the doors will have a textured masonry surround. Textured masonry walks will connect the driveways to the front doors. Staff concludes that the request to rezone a portion of the 16.12 acre parcel currently zoned unconditional B-2 Community Business district to Conditional A- 24 Apartment district for the purpose of developing 100 townhouse style dwellings is reasonable. As previously stated in the report, the proposed site will be 11.11 acres with a density of 10.77 units to the acres. Property to the west of the site, across Centerville Turnpike, was rezoned in December 2006 and modified in January 2008 to allow the development of a mixed-use project with a density of 17 units to the acre. The density of the Magnolia Run apartments to the east of the subject site is 12 units to the acre. Thus, the proposed density is in keeping with the surrounding uses. The proposed site design provides for adequate traffic circulation, sufficient parking, and open space areas. The proposed building designs are in keeping with the surrounding uses and the exterior finish materials are of high quality. The applicant also requests a Conditional Use Permit to allow development of a portion of the B-2 zoned area of the site for fuel sales in conjunction with a conveniience store. The applicant also proposes a drug store and several restaurants on the site, all of which are permitted by -right. The submitted site plan depicts a 5,000 square foot retail space (convenience store) and a gas pump canopy with six (6) fueling stations underneath. An additional retail building of 14,500 square feet and two restaurants totaling 8,400 square feet are also depicted on the plan. One hundred ninety-one parking spaces and associated landscaping are also depicted on the plan. The request for fuel pumps in conjunction with a convenience store is appropriate for this location. Across Centerville Turnpike, a proposed mixed-use development has commercial uses at the intersection of Centerville Turnpike and Lynnhaven Parkway. That development combined with the proposal for the subject site 1250 Centerville, L.L.C. Page 3 of 4 provides a core at the intersection of commercial retail and services oriented to the adjacent neighborhoods. The applicant has taken care to design the proposed use so that it is complementary to surrounding uses. An important consideration of these two requests pertains to the reduction of potential traffic impact that will occur through 'downzoning' 11.11 acres of this 16.12 acre site from Business zoning to Apartment zoning. As currently zoned, by -right commercial development of the site could generate 6,110 or more Average Daily Trips (ADT). With the proposed Apartment zoning, the number of generated ADT drops to 586. Moreover, these rezoning and use permit applications provide the opportunity to control access to Lynnhaven Parkway and Centerville Turnpike and to secure roadway improvements that would likely not be available if the site was developed by -right with existing zoning. There was opposition to the requests. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests as proffered and with the following conditions: 1. The site shall be substantially developed as depicted on the submitted "Preliminary Layout of the Woods at Lynnhaven" prepared by SAI Site Improvements and dated July 24, 2008. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Adjustments to vehicular site entrances and turn lanes may be made in conjunction with Public Works / Traffic Engineering comments. 2. The proposed retail store (convenience store) and gasoline pumps canopy shall be constructed substantially in accordance with the submitted elevations entitled "The Woods at Centerville, Site Improvements, Inc. and Martin and Martin Architecture, Inc.", except there shall be no chimney element on the convenience store. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The dumpster areas shall be enclosed with a solid brick and or block wall to match the building and landscaping, in accordance with Section 245(e) of the zoning ordinance. 4. Category IV landscaping shall be provided along the property line between the commercial portion of the site and the condominium portion of the site. 5. A Photometric Lighting Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards 1250 Centerville:, L.L.C. Page 4 of 4 recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 6. Lighting on the canopy shall be recessed and shall not spillover to other properties. Lighting for the canopy shall be included on the required photometric plan and shall include provisions for low-level lighting for non- business hours. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance. Additionally, pedestrian walkways shall be provided from the convenience store to the condominium development to be constructed to the east of the site. The walkways shall be of a different material than that of the parking lot and drive aisle areas. 8. No outdoor vending machines and / or display of merchandise shall be allowed. 9. Video cameras and signage indicating that there is site surveillance by camera shall be installed on the site. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. r Submitting Department/Agency: Planning Department City Manager-,- , �JJ w VIO ZRI I MIAMI, OP.r "I", I�t1 �,/4 � �' ��r1,= r_t.\Rim s O� `a► ��/� i;':.li��•+j 1250 CENTERVILLE, L.L.C. Agenda Item 10 September 10, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District. ADDRESS / DESCRIPTION: A portion of the property located at 2120 Centerville Turnpike GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14640816830000 CENTERVILLE 11.11 acres SUMMARY OF REQUEST The request is a portion of a 16.12 acre parcel currently zoned unconditional B-2 Community Business district. The applicant proposes to rezone 11.11 acres of the larger parcel to Conditional A-24 Apartment District and develop the site with 100 townhouse style multi -family dwelling units. The applicant plans to develop the balance of the site with several commercial uses. The residential and commercial components will be integrated, as the sites will share access and the proposed buildings will be complementary to each other with regard to building materials and design. The submitted preliminary site plan depicts 100 units contained with 18 buildings in groups of five -unit and six -unit buildings and one four -unit building. The proposed density is 10.77 units to the acres. If the applicant were allowed to use the land area within the 120 -foot Virginia Dominion Power easement that runs along the northern edge of the site, the proposed density would only be 9 units to the acre. The units facing Lynnhaven Parkway will have parking in the rear and paver -surface parallel parking along the front of the units to simulate an urban area. The units along the northern portion of the site will face the proposed lake, which will act as an amenity and a stormwater management feature. The units in the middle of the site are clustered around open space green areas which have paver -surface walking trails. The proposed development features 43 percent open space throughout the site. All of the units will have two parking spaces and garages. Additional parking is scattered throughout the site. The main access to 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page 1 the development will be via Lynnhaven Parkway and the residents will have an access to the commercial site that fronts on Centerville Turnpike. The applicants are seeking to achieve a high-end townhome dwelling with a price range of $250,000 to $300,000. The proposed units are two-story with several different and interesting architectural features. The roofs will be architectural grade shingles. Half round gutters with full round downspouts will drain into terra cotta pots. The gutters will be secured with decorative brackets. The exterior of the dwellings will be a mix of brick and hardi-plank siding. Textured masonry blocks in the brickwork add visual interest to the frontage of the dwellings. Exterior accents such as columns, corner boards, railings and trim will be of low maintenance materials. Windows will have textured masonry heads and sills. Suspended canopies will cover the front entrances to the units. Garage doors will be raised panel doors with vision lights, and the doors will have a textured masonry surround. Textured masonry walks will connect the driveways to the front doors. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A portion of the site is used for a golf driving range; the balance of the site is undeveloped. SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential USE AND ZONING: South: . Lynnhaven Parkway Across Lynnhaven Parkway are single-family dwellings / R-7.5 Residential East: . Multi -family dwellings / A-12 Apartment West: . Currently a grass field; however, proposed retail area with restaurants, convenience store and gasoline sales / B-2 Business NATURAL RESOURCE AND A portion of the site is occupied by a golf driving range with the balance CULTURAL FEATURES: of the site being undeveloped. There are no known significant natural resources or cultural features related to the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Centerville Turnpike adjacent to this application is a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four -lane divided facility with bikeway within a 145 foot right-of- way. There is a Capital Improvement Program (CIP) project slated for this area. Centerville Turnpike — Phase II (CIP 2-851) is for construction of a four -lane divided highway with bikeway and scenic buffer 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page 2 from Kempsville Road to the Chesapeake city limits. This project is currently on the "Requested but not Funded" CIP listing. Lynnhaven Parkway adjacent to this application is a four -lane divided major suburban arterial. The Master Transportation Plan proposes a four -lane divided facility with bikeway within a 110 foot right-of- way. There is a Capital Improvement Program (CIP) project slated for this area. Lynnhaven Parkway — Phase XI (CIP 2-167) is for the reconstruction of the existing roadway to provide an ultimate four -lane divided highway with bikeway from Indian River Road to Centerville Turnpike. Due to VDOT funding issues, this project has slipped out of the current VDOT six-year plan for construction. The applicant has submitted a Traffic Impact Analysis (TIA) to Public Works / Traffic Engineering, which has reviewed the TIA and is in general agreement with the recommendations of the study. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Centerville Elementary 659 Centerville 18,379 ADT 15,000 ADT Existing Land Use — 0 1,248 Turnpike 4 4 ADT 2,001 2,143 8 8 Existing Zoning 3 — Lynnhaven No counts 34,900 ADT 6,110 ADT Parkway available Proposed Land Use 4_ ADT 586 ADT 'Average Daily Trips as defined by abandoned golf driving range a as defined by 11.11 acres of B-2 zoned property 4 a defined by 100 multi -family condo units WATER: This site is currently connected to City water. The existing 5/8 -inch meter (City ID# 55525885) may be upgraded to accommodate the project. There are existing 16 -inch City water lines along both Lynnhaven Parkway and Centerville Turnpike. SEWER: This site is currently connected to City sanitary sewer. The applicant must provide an analysis of Pump Station # 471 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an existing 16 -inch City force main in Lynnhaven Parkway and a 20 -inch City force main in Centerville Turnpike. There is an existing 10 -inch City gravity sanitary sewer stub at the southeastern corner of the property which connects to the existing 10 -inch gravity sanitary sewer main along Lynnhaven Parkway. SCHOOLS: School Current Enrollment Capacity Generation' Change 2 Centerville Elementary 659 694 8 8 Brandon Middle 1,248 1,198 4 4 Tallwood High 2,001 2,143 8 8 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page 3 "m generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehen:rive Plan: The Comprehensive Plan identifies this area a Primary Residential Area. The overriding objective of the Plan's policies for the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the area. In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Developing a mix of compatible uses either within well-designed structures or well-designed tracts of land should also be considered in this area, provided such action contributes to the quality, attractiveness and livability of the neighborhood. Evaluation: The request to rezone a portion of the 16.12 acre parcel currently zoned unconditional B-2 Community Business district to Conditional A-24 Apartment district for the purpose of developing 100 townhouse style dwellings is retasonable. As previously stated in the report, the proposed site will be 11.11 acres with a density of 10.77 units to the acres. Property to the east of the site, across Centerville Turnpike, was rezoned in December 2006 and modified in January 2008 to allow the development of a mixed-use project with a density of 17 units to the acre. The density of the Magnolia Run apartments to the east of the subject site is 12 units to the acre. Thus, the proposed density is in keeping with the surrounding uses. The proposed site design provides for adequate traffic circulation, sufficient parking, and open space areas. The proposed building designs are in keeping with the surrounding uses and the exterior finish materials are of high quality. 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: The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director. 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Pale 4 PROFFER 2: The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The landscaping shown on the plan for the residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director. PROFFER 3: An exhibit entitled, "The Woods at Centerville", prepared by Martin and Martin Architecture, Inc. is proffered as part of the Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The buildings on the residential portion of the Property shall be developed in general conformance with the exhibit, in arrangement, material shown, and material specified on the exhibit. Modifications to the buildings are permitted as approved by the Planning Director. PROFFER 4: The Property to be rezoned to Conditional A-24 — Apartment District shall be developed into no more than 100 units. PROFFER 5: [NOTE: The following struck -through text was removed after the Planning Commission hearing]. Alone of Newpwt News, ViFginia MetFepelitan StatistiGal AFea (MSA) published by the U.S. DepaFtment of Heusing and LlFban Development (HUD). None of the units will be Wted tG WRants using "PFejeGt Based SeGtiGR 8 GeFtiftsates". [NOTE: The following underlined text was added after the Planning Commission hearing to address a concern of the Planning Commission] The Grantor will mount security cameras within the developed commercial portion of the Property at locations to be coordinated with Planning Commission staff members. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The design and building material of the proposed commercial buildings and townhomes are in keeping with surrounding properties. The City Attorney's Office has reviewed the proffer agreement dated August 20, 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. 1250 CENTERVILLE, L.L.C. / Change of Zooing Agenda Itert� 10 P. age 5 wp PROPOSED SITE PLAN 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Iters 10 Page 6 _ - v' i i 1 tis �. est 8 I? eaa st t JiIOU f # $ ase d o 10" t0491111311 �—�.-......_ E t A i PROPOSED S TE PLAN. 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page 7 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page 8 FRONT ELEVATION 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page 9 BUILDING PERSPECTIVE 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Iterrf 10 Page 10 I REAR ELEVATION WITH DETAIL NOTES 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page11 � s .... a a'r REAR ELEVATION WITH DETAIL NOTES 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page11 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, yartners, etc. below: (Attach list if necessary) V/ 50 Centerville, LLC L Lillel Farms Inc.. Allan Gibbs, Jeffrey Hebenstreit, Douglas Kahle 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from 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, ,--itustees, partners, etc. below: (Attach list if necessary) LRW Farms, Inc. ose Anne Coker, Anne D. Wood, Sara W. Hewett, W. Vincent Wood 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ 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 ZL No ❑✓ If yes, what is the name of the official or employee and the nature of their interest? Conddional Rezoning Application Page 11 of 12 111/16/2006 DISCLOSURE STATEMENT 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item. 10 Page 13 r� U 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) )MIliam E. Wood Realty, Real Estate Sales Improvement Associates, Inc., Land Surveying, Engineering, Design, Construction rtin & Martin Architecture, Architectural Design cion Associates, Inc., Construction 4ender & Coward, Attorneys at Law ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. r Print Name Llhll.qAtatRbc AtyAl O k eg iture (;f di fjq t than applicant) Print Name 1�u 1- Conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 DISCLOSURE STATEMENT 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Itern 10 Page 14 1250 CENTERVILLE, L.L.C. Agenda Item 11 September 10, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for fuel sales in conjunction with a convenience store ADDRESS / DESCRIPTION: A portion of the property located at 2120 Centerville Turnpike GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14640816830000 CENTERVILLE 5.01 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for fuel sales in conjunction with a convenience store. The applicant also proposes a drug store and several restaurants on the site. The 5.01 acre site is a portion of a 16.12 acre site currently zoned unconditional B-2 Community Business district. The applicant has also applied for a rezoning on the 11.11 acre balance of the site to develop 100 townhome style condominiums. Combined, the proposals provide for an integrated development of the sites, which will share access and similar design elements in regard to building materials and design. The submitted site plan depicts a 5,000 square foot retail space (convenience store) and a gas pump canopy with six (6) fueling stations underneath. An additional retail building of 14,500 square feet and two restaurants totaling 8,400 square feet are also depicted on the plan. One hundred ninety-one parking spaces and associated landscaping are also depicted on the plan. The submitted elevations for the convenience store and canopy depict a brick building with a block water table around the bottom of the building and a block accent strip around the building above the doors. The proposed building has a double front, one facing into the proposed condominium project and one facing Centerville Turnpike. The proposed gas pumps canopy is supported by brick columns matching the design of the convenience store. 1250 CENTERVILLE, L.L.C. Agenda Item 11 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: A portion of the site has been used for a golf driving range; the balance of the site is undeveloped. SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential USE AND ZONING: South: . Lynnhaven Parkway Across Lynnhaven Parkway are single-family dwellings / R-7.5 Residential East: . Multi -family dwellings / A-12 Apartment West: . Centerville Turnpike • Across Centerville Turnpike, the site has been proffered as a proposed mixed-use project / B-4 Mixed Use NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is grass field. 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): Centerville: Turnpike adjacent to this application is a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four -lane divided facility with bikeway within a 145 foot right-of- way. There is a Capital Improvement Program (CIP) project slated for this area. Centerville Turnpike — Phase II (CIP 2-851) is for construction of a four -lane divided highway with bikeway and scenic buffer from Kempsville Road to the Chesapeake city limits. This project is currently on the "Requested but not Funded" CIP listing. Lynnhaven Parkway adjacent to this application is a four -lane divided major suburban arterial. The Master Transportation Plan proposes a four -lane divided facility with bikeway within a 110 foot right-of- way. There is a Capital Improvement Program (CIP) project slated for this area. Lynnhaven Parkway — Phase XI (CIP 2-167) is for the reconstruction of the existing roadway to provide an ultimate four -lane divided highway with bikeway from Indian River Road to Centerville Turnpike. Due to VDOT funding issues, this project has slipped out of the current VDOT six-year plan for construction. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Centerville 18,379 ADT 15,000 ADT Existing Land Use — 0 Turnpike ADT Proposed Land Use 3— Lynnhaven No counts 34,900 ADT 1,953 ADT Parkway available ADT ' 1250 CENTERVILLE, L.L.C. Agenda Item 11 Page 2 Average Daily Trips ' as defined by abandoned golf driving range Sas defined by 12 -pump gas station with conv. store WATER: This site is currently connected to City water. The existing 5/8 -inch meter (City ID# 55525885) may be upgraded to accommodate the project. There are existing 16 -inch City water lines along both Lynnhaven Parkway and Centerville Turnpike. SEWER: This site is currently connected to City sanitary sewer. The applicant must provide an analysis of Pump Station #471 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an existing 16 -inch City force main in Lynnhaven Parkway and a 20 -inch City force main in Centerville Turnpike. There is an existing 10 -inch City gravity sanitary sewer stub at the southeastern corner of the property which connects to the existing 10 -inch gravity sanitary sewer main along Lynnhaven Parkway. SCHOOLS: School populations are not affected by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan identifies this area a Primary Residential Area. The overriding objective of the Plan's policies for the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the area. In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Developing a mix of compatible uses either within well-designed structures or well-designed tracts of land should also be considered in this area, provided such action contributes to the quality, attractiveness and livability of the neighborhood. Evaluation: Staff finds the request for fuel pumps in conjunction with a convenience store acceptable subject to the conditions listed below. Across Centerville Turnpike, a proposed mixed-use development has commercial uses at the intersection of Centerville Turnpike and Lynnhaven Parkway. That development combined with the proposal for the subject site provides a core at the intersection of commercial retail and services oriented to the adjacent neighborhoods. The applicant has taken care to design the proposed use so that it is complementary to surrounding uses. Thus, Staff concludes that the request conforms to the Comprehensive Plan recommendations for the area, and therefore, recommends approval with the conditions below. CONDITIONS 1. The site shall be substantially developed as depicted on the submitted "Preliminary Layout of the 1250 CENTERVILLE, L.L.C. Agenda Item 11 Page 3 Woods at Lynnhaven" prepared by SAI Site Improvements and dated July 24, 2008. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Adjustments to vehicular site entrances and turn lanes may be made in conjunction with Public Works / Traffic Engineering comments. 2. The proposed retail store (convenience store) and gasoline pumps canopy shall be constructed substantially in accordance with the submitted elevations entitled "The Woods at Centerville, Site Improvements, Inc. and Martin and Martin Architecture, Inc.", except there shall be no chimney element on the convenience store. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The dumpster areas shall be enclosed with a solid brick and or block wall to match the building and landscaping, in accordance with Section 245(e) of the zoning ordinance. 4. Category IV landscaping shall be provided along the property line between the commercial portion of the site and the condominium portion of the site. 5. A Photometric Lighting Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 6. Lighling on the canopy shall be recessed and shall not spillover to other properties. Lighting for the canopy shall be included on the required photometric plan and shall include provisions for low-level lighting for non -business hours. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance. Additionally, pedestrian walkways shall be provided from the convenience store to the condominium development to be constructed to the east of the site. The walkways shall be of a different material than that of the parking lot and drive aisle areas. 8. No outdoor vending machines and / or display of merchandise shall be allowed. 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. 1250 CENTERVILLE, L.L.C. Agenda Item 11 Page 4 PROPOSED SITE PLAN 1250 CENTERVILLE, L.L.C. Agenda Item11 Page 5 T -E t' CCD5 A' CEN-F..WV41- E PROPOSED SITE and ELEVATION PLANS 1250 CENTERVILLE, L.L.C. Agenda Item 11 Pate 6 V, r-? EIISCLOSURIESTATEMENT 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) 1250 Centerville, LLC Liltel Farms, Inc., Allan Gibbs, Jeffrey Hebenstreit, Douglas Kahle 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from 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) Lillel Farms, Inc. Rose Ann Coker, Anne D. Wood, Sara W. Hewett, W. Vincent Wood 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Ncne. ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Dces 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 )of 10 Rewsod 7WO07 DISCLOSURE STATEMENT 1250 CENTERVILLE, L.L.C. Agenda Item 11. Page 8 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) Site Improvement Associates, Inc., Land Surveying, Engineering, Design, Construction Martin & Martin Architecture, Architectural Design Orion Associates, Inc., Construction Pander & Coward, Attorneys at Law ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. '61— AAManills Signature Print Name C44L _ko5e A w Clckef- Pr pert, Ownenature (if diff rent than applicant) Print Name 7� Conditional Use Permit Application Page 10 of 10 Revised 7!3/2007 DISCLOSURE STATEMENT 1250 CENTERVILLE, L.L.C. Agenda Item 11 Page 9 Item #10 & 11 1250 Centerville Turnpike, L.L.C. Change of Zoning District Classification Conditional Use Permit 2120 Centerville Turnpike District 1 Centerville September 10, 2008 REGULAR Donald Horsley: Now we go to agenda items 10 & 11. It is an application of 1250 Centerville, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District: to Conditional A-24 Apartment District on property located at 2120 Centerville Turnpike, District 1 Centerville, and for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 2120 Centerville Turnpike, District 1 Centerville. Janice Anderson; And you thought that would take one minute. Donald Horsley: We did too. Douglas Kahle: My name is Douglas Kahle representing the applicant. Madam Chairperson, members of the Planning Commission, a few minutes of your time. I want to address just maybe four or five points about this project. Hopefully you agree that this is a really a project that you really should embrace. Why? First of all, it is consistent and is compatible with the Comprehensive Plan, which calls for this to be a primarily residential district. We want to take the '16 acres we have, leave a third of it in its' current zoning B-2 Commercial zoning, and take about two-thirds of it and change it over to Conditional A-24 to build 100 town homes in this area. So, we think first it is compatible with the overall Comprehensive Plan. We've been responsive to the civic league. We had a meeting back in July with the Charlestown area civic league. It was a very nice cordial meeting. We talked about their concerns. We shared their concerns. They wanted to have assurances that we wouldn't do any kind of low income housing in this area. We certainly gave them our assurances, and that is now referenced in the proffers. They are concerned about there being bars opened. We also agreed to and have incorporated that thought in to our game plan to the extent that one of the commercial structures will be used as a restaurant. It is going to be a restaurant not a bar. So we did listen to what they told us were their concerns. One thing that they expressed concerned traffic. Well, we talked about, and talked about and we had a traffic study done, and 1 appreciate this as a driving range. You have all been out there. It is a golf course driving range, and I know you all want to leave it that way, but short of that, the current zoning, the traffic impact would result in something over 10,000 cars per day if we developed it all B-2. The proposed plan really cuts it just about down in half. So, if you want to look at the glass half full or half empty, we're basically reducing the potential traffic impact to half or otherwise it could be based on the current zoning. Another point. It fits. It's a project that fits within the neighborhood. The 100 town home we want to build there, Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 2 we have not maxed out the density as you other can see within the A-24. We're talking about 100 town homes. We've got some "pocket parks" within the project. We have some open spaces in there. It is not going to be a dense townhouse project. It is going to be compatible with the surrounding area. The same folks that are involved in this project have an interest in Woodbridge. It is going to be compatible with the greater neighborhood as far as quality, and the type of folks that live there. It will be two car garages, three or four bedroom town homes. There is a lot of brick on the outside, hopefully in the price range of $250,000 or $300,000, which is value housing in a good part of the city. Lastly, there is a comment observation. Can we go to the slide that shows one of the renderings, scroll though? Pause right there. This is a neat feature. I'll give credit to where credit is due, which is Faith Christie. This structure here is the back of the proposed convenience store, which is proposed for this area right here. This is Centerville Turnpike here. It would be in this are here and during the previous discussions with the staff, we listened to the staff. And they observed that we're going to have residential back here. Here is that little pocket park that I talked about. And, we have residential here, and we're going to have commercial up here, but we need to be sensitive to what is going on. And what that led to is her suggestion, which we embraced. This is the back of the convenience store, which certainly doesn't look like the back of what you are used to seeing historically. You can look around and see the back of the 7 -Eleven. Pick one of them. Hopefully, with the ugly structures and all, it looks like the front. We are able to do that because since we are building the town homes, we're concerned about it being an overall integrated project to where these folks are looking at a nice area. And where there is commercial is it gets stuck on there. It's built sensitive to what's happening. So, we listened to the civil league. We do what we can do and control the commercial. We appreciate the further suggestion about the designing of the commercial. We also talked about that meeting with the civic league. It was a great meeting. They didn't like the traffic, but actually something in that meeting, something came out of it which we weren't expecting. They were talking about the commercial and the positive usages, and we got talked about the area down there. We're saying, hopefully, probably a drug store, a convenience store. Maybe a family type restaurant. How about one of those doc-in- boxes? How about one of the emergency care facilities? And we are all over that now, because they were saying that is what is lacking in this whole community, in that area is an emergency medical facility, and so the point is we appreciate that from them because if it makes sense for the area, it makes sense for us. So, those are my comments. If you have any questions that get into the engineering aspects, Mark Ricketts from Site Improvements Associates is here to answer questions and Paul Martin is the architect if you have any questions on that. Otherwise, I'll answer any questions. Janice Anderson: Thank you. Are there any questions for Mr. Kahle? Not at this time sir. Douglas Kahle: Thank you. Donald Horsley: Our first speaker is John Bulger. John Bulger: Madam Chair and members of the Commission, my name is John Bulger. I live at 944 Hodges Place in Virginia Beach. Actually, I kind of got this a little mixed up. I'm in Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 3 favor for the town homes and apartments. My reservations are basically the ingress/egress to these apartments. The site plan calls for an entrance on Lynnhaven Parkway on the north side in the westbound lane. And, your inspectors do note there is an issue about not having a right-of-way there. Just recently, Lynnhaven Parkway was redone very nicely. To the east it is not connected. I'm sure you are all aware of that. To the west it is connected to the city of Chesapeake. I don't see anyway that if he does not have a right of access to put an entrance lane here, which would cause a slight problem with getting into this complex. Otherwise, I do agree. This is what we need to be going towards is keeping this area of Kempsville residential. I can reserve my comments for the next section, which is under the agenda, which is the commercial part, which I do object to. Janice Anderson: If you could go ahead. They are going to be heard together. John Bulger: okay. Thank you. My objections to the second part of the commercial thing is you all recall over the years, our neighborhoods, which would include Alexandria, Charles Landing South, Brigadoon, and then recently Woodbridge Point have all objected to commercialism in this area. Do we need it? No. We do not need anymore commercialism. If we were to draw a one mile radius around here, we have six gas stations all with convenience stores. We have two shopping centers, all with other various store fronts, and all those store fronts don't have 100 percent occupancy. They are always having open store fronts and lots of turnover. Restaurants, within that one mile radius, we have six restaurants. If we increase this out to two miles, we are talking eleven gas stations and we're talking Kemps River Shopping Center, which again has even more retail space. And again, not every storefront is full. We also have three day cares, not including all the private home daycares. So, this area of Kempsville, I bought my home, and residents I'm sure, bought their homes because of the lack of commercialism. We don't need it. Safety is also another concern. What this site plan doesn't show on the pictures is that Centerville Elementary is definitely within :less than 1000 feet and probably less than 500 feet of a gas station. Gas stations are dangerous. Not only with a traffic issue, but with pedestrians walking. We have fire hazards of gas stations. We also have the issue of having these other retail businesses that would possibly attract robberies and places for gang activities to occur. And, my family is opposed to having any type of commercial endeavors this close, in and around our neighborhoods. We feel that the contractor and developer is on the right course with the town homes and apartments, but on the wrong course with commercialism. This is a neighborhood. This is a community. We have the services around us and not only in Virginia Beach because we are connected and right on the Chesapeake line, we have all the services we need. We do not need any additional retail spaces or gas stations, and we don't want to incur any possible safety hazards. Janice Anderson: Thank you. Are there any questions for Mr. Bulger? Barry Knight: Mr. Bulger, I think and maybe Mr. Whitney can back me up on this, I hear you talking about the gas station. But I think that is the only thing that is on the table. I believe it has been zoned for many, many, many years for businesses, and so the only thing that we're discussing is the gas station. Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 4 John Bulger: Correct. I just wanted to make sure. It seems the gas station is a focal point because it contains not only a gas station storage tanks but a convenience store. I am also pointing out that we have that. It's there. Janice Anderson: Okay. Thank you sir. John Bulger: Thank you. Janice Anderson: Don't go anywhere. Al? Al Henley: Maybe I misunderstood you. Did you state that on Lynnhaven Parkway there was no right-of-way, because you mentioned the ingress/egress easement? John Bulger: Yes, on the westbound lane. Al Henley: Centerville or Lynnhaven Parkway? John Bulger: Lynnhaven. I didn't even approach the Centerville issue because of time but on Lynnhaven, where this site plan is pointing to, it is two lanes. I don't know the exact measurements, but the lanes look to be about 14 foot each. So, we're about 28 feet from curb to curb. And, the sidewalk is right there at the entrance. There is maybe a 6 or 7 foot island in there. Unless the developer has the right-of-way to make storage lane into this development, they are going to have just a plain old apron with nowhere for cars to slow down, make an entrance and/or leave this apartment complex or town house complex. In the future, which is Planning Department's task, when this section of Lynnhaven is connected with the other section of Lynnhaven is going to cause a huge traffic issue because now we're going to be connected, or I should say that Chesapeake will be connected with Virginia Beach, a direct beeline between two malls, Greenbrier Mall and Lynnhaven Mall. And, at least for the westbound lane, this is going to cause a problem. Al Henley: Okay. I understand that. I misunderstood you earlier. That is a dedicated 110 foot right-of-way if I remember correctly. It has been that way for a number of years but what you're saying is that regardless of the two lanes, the possibility of the insufficient turn lanes is what you're concerned with. John Bulger: Correct. From what I could review of the site plan, that's the main entrance into that facility. Al Henley: Okay. Thank you. John Bulger: Thank you. Janice Anderson: Thank you sir. Donald Horsley: Lester Wahrenburg. Item #10 & 1 I 1250 Centerville Turnpike, L.L.C. Page 5 Lester Wahrenburg: Good afternoon. Janice Anderson; Good afternoon. Lester Wahrenburg: My name is Lester Wahrenburg and I live right in back of what is proposed. I am riot against the apartments or townhouses. There are some there. They did do a good job on both sides there. But I'm vividly opposed to anymore commercialization on the property there for a couple of reasons. As previously stated from the gentlemen before me, we have a number of gas stations. We've owned property there ever since that development was built for residential. As a matter of fact, Woods Corner Shopping Center where the Farm Fresh is, that wasn't even there. That was supposed to be our park, which later on William E. Wood developed that into commercial property. Also on that particular spot, there have been three murders over there. There are gang related incidents. The shopping center people in that particular shopping center, the managers of the store were complaining at our civic league that there are gangs up there. My wife and I we don't even go up to that shopping center after dark because there are people, teenagers that are 5 and 6 abreast that take the whole sidewalk up. We actually see them go into the stores and remove stuff from the stores. The store managers are afraid to say something. So, that is why I'm opposed to anymore commercialization there. There are a number of shopping centers in that area that are still vacant, so why are we building more? Why are we building more? And this gas station, from what I understand has 12 pumps. We don't need 12 pumps there because of all the other gas stations. Down further on Volvo Parkway heading into Chesapeake, there were five gas stations, two of which have gone out of business. Now, I don't know if they are back in business or not. But they have gone out of business because I talked to the business who operated the stores, and they say there just isn't enough business from residents. Also, on Centerville Turnpike heading north, there is a light at Volvo and there is a light coming out of the other side of the road there. It is just two lanes. In the mornings and afternoons, it is really hectic because I live there. To get in and out of that section because we don't have a stop light that goes into private development there. I'm just asking the Commission, why are do we need to build more and more gas stations. More and more strip malls when. they are not being filled. They cause crime. And again, just like my predecessor talked that there is a school right there. Thank you very much for hearing me. I appreciate it. Janice Anderson: Thank you Mr. Wahrenburg. Donald Horsley; Kevin Marcondes. Janice Anderson: How close did he get? Kevin Marcondes: He got it exactly right. Congratulations. My name is Kevin Marcondes. I'm here in two capacities, one to represent the Centerville Elementary PTA and the other as a local resident of Woodbridge Point. The previous two speakers kind of took basically everything that we had to say and ran with it. Obviously, from the PTA perspective we're concerned with the safety and well being of the children after school. And we feel that any Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 6 commercial on that spot is a concern because of the safety of the kids. Obviously, we understand that it zoned as B-2 and we don't have that much control over it, but we do have it over this Conditional Use Permit, and we will request that the Commission consider that in putting a gas station on that piece of property is not something that we consider a good idea. The second thing and I will go briefly why. Again, we have six within a mile radius. We don't need another one. We have them extended out 2 or 3 miles and you get eight or more. There is no reason to have the other one there. As a resident, again we do not need to have a gas station on this property. There is plenty of that around there. The crowd is a concern. Obviously the traffic would be a concern. Where as I'm looking through this here and I'm looking at the volume of Centerville Turnpike, I'm concerned of the viability of the gas station at this location. The plans are not there to expand the roadway so I'm not sure that gas station would be able to sustain the volume of business to support its operation, which would lead me to believe that we would end up with a vacant lot, which is even more of an issue. The other thing that I would ask you to consider, and I don't know as far as regulations go but there is a high tension wire running along this area here. I don't know whether that is an issue having adding a fuel station that close to high tension wires. But again, I would offer that up as something to consider from a safety standpoint. I think that is about it. I think everything else has been covered already. Janice Anderson: Thank you very much. Donald Horsley: That is all the speakers. Janice Anderson: Mr. Kahle? Do you want to come back? Is Ric Lowman here? Oh, there he is. Mr. Kahle? We will call Ric Lowman to address on some issues first and some questions we might have and then bring you back up. Ric Lowman: Ric Lowman, City of Virginia Beach Traffic Engineering. Janice Anderson: Ric, some of the speakers have brought up at least two issues I would like for you to address. There might be some others that the Commissioners might want to address also. One is the issue of access and egress on Lynnhaven Parkway. Ric Lowman: Okay. Janice Anderson: And the second one is if you could address this traffic that is generated by gas station. Ric Lowman: Okay. The first question and I had to go back to make sure that we were looking at the right area. I believe we're talking about this entrance right here. That was the question. Janice Anderson: Yes. Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 7 Ric Lowman: Lynnhaven Parkway is four lane divided roadway. It does end but the City and the State have phais to connect that in the future. The other question into Kempsville. The other side of Lynrnhaven Parkway, I guess it currently ends at both ends. But the issue at hand here is whether it being turn lanes for this entrance, there would be an opportunity here to put in a full left turn lane, what to take or if the city accelerate into the left turn turning into the site. Even though it is not really going to come into play to much now, because again it dead ends, is that they will be able to add a right turn lane. There was a question, and it was put into our comments that they would be able to do it but I have talked to the engineer and the traffic engineer has to let you that they can get the property to build a right turn lane coming here as well. So, there will be left and right turn lanes going into there. This would be a full access. 'The reason why it is allowed because of the distance between here and the intersection is such we can allow that type of access. It's a safe distance. Janice Anderson: Okay Ric Lowman: Left and right turn lanes. Janice Anderson: Are there any questions for Ric on that issue? Okay. Ric Lowman: I guess you had questions about the gas station? Janice Anderson: The gas station. Because I guess they worried about the gas station, the additional traffic that development will bring. Ric Lowman: Okay. I took a look at that and tried to isolate that because again the report we did was for the entire development. Even further, the report that we took a look at was coordinated between not only this development but the development across the street, the Cascades Development, or the proposed development across the street. So, what we took a look at was the site in general. If you break out the gas station, I mean just the gas station with the convenience store that would generate total trips. And again, these are not new trips but total trips is about 2000 trips a day, about 160 trips and that is coming and going in the afternoon peak hour. And what the report goes on to say is that if you take a look at how many of these are new trips, I mean typically gas stations you don't drive to a gas station and then drive back home. You make it part of your trip. I mean it is a convenience. That is why it is a convenience store. But you now generate about half the traffic or half the traffic is not new traffic. 'It is traffic that is on the streets anyway. So, total new trips would be in the range of about 1000 a day. So, the break out of the total traffic for both sides, this development right here is about 6000. So, it is about 1/6 of that development is the gas station. So, it does account for a good amount of the traffic generated by this type of development but new trips are about 1000. Janice Anderson: Okay Jay. Jay Bernas: So in your profession opinion, one of the citizens talked about the safety of having an elementary school close by to a gas station. Even though it is pass by trips, in your professional opinion do you see that as a safety issue? Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 8 Ric Lowman: I can't answer that as a traffic engineer. As a professional engineer, that is public safety and its other issues besides traffic engineer, so luckily for me on this one, I'm not going to answer it. Jay Bernas: Okay. Janice Anderson: Go ahead Joe. Joseph Strange; You say it is gong to generate an additional 1000 by itself, and if it was any other B-2 in there, what would that change to? Let me rephrase the question. An additional 1000 over what it is already zoned for. Ric Lowman: No. That is why the one specific site. They can certainly come in with another B-2 use that could be even more intense than a gas station. I don't really think, I see where you're going Mr. Strange. I don't think the question is this gas station going to cause traffic problems. If you take a look at the report you will see that it is zoned for the entire amount. What they're cutting their trip generation in general by is incredible. I think you said half but just in that one piece that they are going from B-2 to the apartment that is cutting traffic on that one piece 10 fold. Joseph Strange: They could possibly put in something by right that would generate more traffic then the gas station. Ric Lowman: Yes. They would have to mitigate that traffic on site. We would certainly make a revised traffic study to show us that they are going to mitigate whatever traffic they produce because even if they do it by -right, they still have to come to see us. And they still have to get their permits. We are still going to hold their feet to the fire as far as what they're responsible for regarding impacts to the roadway, but we're comfortable that with the development that is shown with the specific uses that traffic is going to be mitigated with the improvements that they have shown. Joseph Strange: Okay. Janice Anderson: Any further questions? Thank you Ric. Ric Lowman: Thanks. Janice Anderson: Okay Mr. Kahle. Douglas Kahle: I've learned something. I was wrong, so we are reducing the otherwise traffic impact by 10 fold and not just by half. I hate traffic. We all hate traffic, but in terms of what it otherwise could be, I stand corrected. It is one-tenth of what the neighbors could be faced with. But staying with traffic, and the concern and we don't want any more commercialization, we didn't want and we don't want 16 acres of commercial development. We don't think that makes sense. What we do think makes sense is the five acres that we Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 9 propose, because what we have in mind, also understanding that these same folks are involved with this apartment complex, which is Magnolia Chase, involved with the project over here Magnolia Run, involved with the Cascades project here. They are involved with Woodbridge Point down here. And, it doesn't show right but I think the site plan does it is anticipated that there be pedestrian access. People can walk amongst these apartments and these town homes to this drug store, to this convenience store, if it is a restaurant or a emergency medical care facility. And we want throughout the project walkways that connect by design these 100 town homes to the apartment complex so it is all sort of one small neighborhood that has pedestrian access to these commercial services, and we understand that there is some number of shopping centers within 2 or 8 miles radius but as this aerial photograph shows if you went up higher and looked they are a distance away, and we don't want a shopping center. We want just to focus on in very small scale services that respond to these new apartments that are recently built and to be built town homes to their sort of localized needs. We think that makes sense. I hope you think that makes sense. It didn't come out clear, but again since my clients own this tract of land here we have the ability to put in a storage lane and a turn lane into the project when the time comes. I think the staff knows that and we can accommodate that right turn lane off Lynnhaven when the time comes. So, hopefully I responded to the various questions raised. Janice Anderson: Are there questions for Mr. Kahle? Gene? Eugene Crabtree: You mentioned that you were going to make it pedestrian friendly. I haven't head the word bicycle friendly. We ask that all new developments in the city be both pedestrian and bicycle friendly. Douglas Kahle: You know that came up in that meeting. From the homes back here, but I guess you can have walkways also be bicycle ways. Eugene Crabtree;: We are bicycle friendly. Douglas Kahle: Pardon me? Eugene Crabtree: If the walkways were bicycle friendly. Faith Christie: Excuse me. Could I interrupt for one second? Janice Anderson: Yes Faith. Faith Christie: Parks and Recreation Department requested that they install an eight foot bike path as a continuation of the bike paths that are exiting in that area, and they have agreed to do that. Douglas Kahle: Thanks for the help. Janice Anderson: Is that good Gene? Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 10 Eugene Crabtree: Yes. Janice Anderson: Okay. Al? Al Henley: As you heard earlier, there was a couple of citizens that were concerned with the, I guess crime in the neighborhood. Fortunately down in Pungo, we kind of take care of it ourselves. Don't we? But seriously, in this, and I understand through the police department there have been reported gangs in the Kempsville area, and Kempsville is a pretty large area. But with that in order, would your clients be willing to install some video cameras at the rear of this complex or in areas that are suitable, and I'm not talking about the condos or the apartments, but I'm talking about the commercial section. And these videos would be accompanied by signage saying that the property is under surveillance. And we have found through the police department that does curtail some of the crime. And these individuals, undesirables who see those cameras, they are not as willing to go through some illegal operations or drug dealing or things of that nature because the area is well lit as well as video cameras. Do you think your clients would be willing to do that? Douglas Kahle: No question. We'll be happy to add that to the proffers if need be. And what is happening and to take this one step further, I have another client who is involved in that industry, and now what they have is not just for a person to go and be seen by the camera but communicate toward the recipient who might be viewing or monitoring the camera, and listen back when a person says yes were sending help right a way. It now becomes a two-way communication, which is available as we speak. It makes a lot of sense. Al Henley: I just think it says a lot for your clients in that area. If I lived in that neighborhood I would be concerned with that. I think if a business entity that you're representing would be willing to do that, I think it says a lot for the people you're representing. Douglas Kahle: I think it is important for you to understand because of the nature of my clients and their invested interest, they have a tremendous invested interest in surrounding properties because they own a lot of them. They don't want to do anything that is going to hurt their surrounding properties because they belong there and they own it. They want to enhance value. They are the developers in Woodbridge. I understand one of the folks is here from Woodbridge. But there is a lot of Woodbridge to be developed and we're not going to do anything on this property that in anyway hurts the remaining value and the remaining homes to be built and sold in Woodbridge. So, anything and everything that makes sense to do here we're going to do because we're concerned not just with blinders on with these 16 acres, but we're concerned about the impact to the adjacent apartment projects that we also own. Al Henley: Thank you very much. Douglas Kahle: Thank you. Item #10 & 11 1250 Centerville 'Turnpike, L.L.C. Page 11 Janice Anderson: Are there any future questions? Thank you Mr. Kahle. Douglas Kahle: Thank you. Janice Anderson: I'll open it up for discussion. Joe? I'll just pick on you now. Joseph Strange: No. I was just waiting for the other comments. After studying the development and looking at the by -right that can be done there, and looking at the quality of the development, looking at the traffic impact study, surely I do realize that the neighborhood doesn't want anymore traffic. I don't want anymore traffic anywhere. He does have a by - right development there. And, the neighbors don't seem to be objecting to the high quality of the homes that are going to be developed, but it is primarily the traffic, and of course the safety issues that have to do with the service station. Overall, I think this is a good land use, and I'm going to be supporting it. Janice Anderson: Is there anybody else? Gene. Eugene Crabtree: Al, just a while ago was asking about security cameras and all. Do we need to add that as a proffer? , Barry Knight: It would be a condition, wouldn't it? Joseph Strange: It would be a condition. Eugene Crabtree: It would seem to make more sense. Al Henley: I would like to add another condition that the video cameras be installed on the property along with adequate and proper signing indicating that for security purposes, a video camera is on the property. Janice Anderson: Video cameras and signage. And that would be proffer 6. And that is just for the commercial. Barry Knight: I believe it would condition 9 on agenda item 11. Janice Anderson: Am I on the wrong page? Yes, I am. Thank you. I'm on 10. Thank you Barry. Is there any further discussion? Don? Donald Horsley: This piece of property has been around f or along time. It was kind of sitting in limbo for a long time. I can remember years ago back in the 70s we used to farm this piece of property. So it goes back a long time. And I remember the piece of property across the street. Barry used to work for Brown. He used to farm that piece of property. These properties have kind of been in limbo for many years. And as time went on the piece of property that v re're talking about today had a Use Permit for a driving range. The Barefoot family put it in. We knew that was going to be a temporary use, but over the years, Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 12 and after watching them, and I'm telling my age, but after watching that piece of property, I think the property owners have done a very good job in trying to minimize the effect on the community. And the gas station and the gas pumps really don't concern me. I think they really better fit this site then they do at the major intersection at Kempsville Road and Centerville Turnpike. I think that's more of a traffic congestion there. I think this will be just an in and out deal for passerby traffic. So, we don't have a major intersection. I'll support Joe when he makes a motion. I support it because I think this property has been waiting around for a long time to get developed. I think it is being developed in the right manner. Barry Knight: Ms. Anderson? Janice Anderson: Yes. Barry Knight: I would like to add a little correction of Mr. Horsley. I farmed the land in the 70s. Mr. Horsley farmed it in the 60s. Janice Anderson: I agree with both Joe and Don on this application. It sounds like the residents do not want the commercial. This has limited the commercial to a very small portion of it which abuts just Centerville Turnpike. The only question is the gas station. I don't think there is a safety issue really, and the only issue would be additional traffic, and I think Ric has explained that. Mainly the gas station picks up passing traffic. It is not going to generate traffic itself. So, if there is a convenience store there by -right, that is mainly the generator of traffic and not the gas station pumps itself. And, then the applicant has upgraded the residential development, which is a very good asset for this site. I will take a motion if anyone is ready. Joseph Strange: I make a motion that we approve items 10 & 11. Donald Horsley: Second. Janice Anderson: A motion by Joe Strange and a second by Don Horsley. And this is with the addition on agenda item 11, condition 9 the installation of video cameras and signage for the commercial. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 13 REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a, vote of 11-0, the Board has approved the application of items 10 & 11 of 1250 Centerville, L.L.C. with a new condition 9 by adding the installation of video camera and signage. Janice Anderson: Thank you. Thank you all for coming down. Is there anything else to come before? The meeting is adjourned. Faith Christie From: cgeiger7@cox.net Sent: Wednesday, September 10, 2008 8:24 AM To: Faith Christie Cc: DKAHLE@PenderCoward.com; cdaniels@roseandwombie.com Subject: 1250 Centerville LLC Dear Ms. Christie, Please present this to the Virginia Beach Planning Commission: On July 21, 2008 Site Improvements, Inc., presented our Civic League the proposed plan for development of the project known as 1250 Centerville, LLC. The League's concerns about this project were addressed in a letter to the Planning Commission. Since that time, I have spoken with both you (Ms. Christie) and Mr. Kahle concerning this project. You explained to me that the Traffic Department has approved the project since there would be 50% fewer vehicles than a commercial property. As residents of this area, the League is still concerned that Centerville cannot handle the traffic flow, particularly during rush hours. Has the Traffic Department studied this? Mr. Kahle addressed the issues of low income housing and nightclubs. Both of these concerns have been satisfactorily addressed. It is the League's understanding that this will be a residential area that does not allow low income housing or boisterous clubs and that this has been presented to the Commission in writing. One objection that the League still has to this project is the traffic flow. We are requesting that the Traffic Department review their approval of this project. As residents in the area, we know the traffic flow is a problem. The other objection the League has to this project cannot be addressed by Site ?mprovements but by the City. How can the City keep adding more housing but not adding pore emergency services? Again, this has been pre -approved by the City. Is there a plan the City uses to estimate how many emergencies can be handled by the same number of personnel when you add another 200-300 homes to the area? Our concerns have been met by Site Improvements but not by the City of Virginia Beach. We understand that these issues cannot be addressed once the City has approved. We respectfully request that the City notify the surrounding Civic organizations prior to approval of any future projects. Charlene Geiger, President Charlestowne Area Civic League 5328 Beaufain Boulevard Virginia Beach, VA 23464 479-2038 Charlene Geiger 5328 Beaufain Boulevard Virginia Beach, VA 23464 479-2038 1 Charlestowne Area Civic League July 31, 2008 Virginia Beach Planning Commission 2405 Courthouse Drove, Room 115 Municipal Center, Building 2 Virginia Beach, VA 23456 Email: plan<Ldmn@vbgov.com To Whom It May Concern: On August 13, 2008 the Planning Commission will consider the proposed development of the site located at the corner of Centerville Turnpike and Lynnhaven Parkway. The Charlestowne Area Civic League would like to express our concerns regarding this project. At a presentation given by Site Improvement to our members on July 21, 2008 it was stated that this commercial/residential development would contain 100 townhouses that would be sold at $300,000 plus. It was also stated that the commercial area would include a gas station/convenience store and a family restaurant. Our Civic League is concerned that these additional townhouses would overtax our current emergency services. These services are stretched with the existing homes they currently service. The Police Department and Emergency personnel are not adequately staffed to provide service to an additional 100 homes. The current traffic flow is very heavy on Centerville Turnpike, especially at the corner of Centerville and Kempsville, which has been the scene of numerous traffic accidents. In addition, this property is located directly across from Centerville Elementary. We're concerned about crowding at the school, as well as the congestion at this intersection when the school buses are added to the morning traffic mix. The gas station will also further complicate the traffic pattern, creating more hazardous stop and go traffic. We have not been made aware of any proposed changes to alleviate this situation or to ensure the safety of our children and all who travel on Centerville Turnpike. The :League is also concerned that the family restaurant may include a bar which could be open until 2 a.m. thereby causing noise and nuisance problems in the neighborhood. We do not need more bars in our area. At our meeting, we asked Site Improvement to put in writing their plans stating that there will not be any low income housing, Section 8 or bars in the development. At this time, this has not been done. We respectfully request that the Planning Commission address our concerns and delay approval of this project until all aspects of the problems we've outlined have been rectified. Sincerely, Charlene Geiger President, Charlestowne Area Civic League Faith Christie From: Mark Ricketts [MRicketts@siteimprovement.net] Sent: Friday, August 01, 2008 12:16 PM To: Faith Christie; Claude Lym Cc: Doug Kahle; Paul Martin; Robert Sawyer Subject: RE: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Hi Fai, Based upon our conversations with you and Kay Wilson, on behalf of our client, we request Items 1 and 2 of the August 13, 2008 Planning Commission Agenda be deferred until the September 10th meeting. We will be happy to accommodate the 8 foot wide multi -use path as a part of the project. In addition to our conversation a few minutes ago, I would also like to further address a few of the items contained in the open Charlestowne Area Civic League letter from its president Ms. Charlene Geiger to the Planning Commission dated July 31, 2008. 1. The price point discussed with you as well as that presented at our meeting with the civic league is $250,000 to $280,000. If the market will bear it and some owners want upgrades, a few prices may exceed $300,000. 2. Impact on Emergency Services was not discussed during our meeting with the Civic League meeting. I believe the area is within existing service areas for police, fire, and rescue. The residential use) is also likely to place less demand on police that the commercial that could be construction the 11 acres for which the rezoning is sought. We welcome input from the Police and Fire Departments that will be generated by your e-mail to them regarding this issue. 3. Traffic flow and generation was extensively discussed with the Civic League. The traffic study that was subrnitted with the application package addresses all of the traffic related issues. The study indicates the traffic generated by the residential use is approximately one-half (1/2) that which would be generated by the commercial use for which the property is currently zoned. Additionally, turn lanes and other right-of-way improvements along Centerville Turnpike will be constructed to address the Civic League's concerns related to stop and go traffic. 4. Overcrowding at the schools was not discussed in any significant detail at the meeting. According to our conversation, your responses from the city staff review indicate the additional students generated by the proposed residential units are within the capacity of the are elementary and high schools and the middle school population increase is within acceptable limits for the middle school. 5. We discussed with the civic league the concern about bars. Although it is allowed by right in the existing B-2 Business Zoning Classification, our client stated the there was no intent to have a stand alone bar in the development. It is simply not in keeping with the current development concept of those involved in the project. A family type restaurant, i.e. Applebee's, Ruby Tuesday's, etc:., which have bars in them was discussed; however, these restaurant are not typically open until 2:00 a.m. and the type of clientele, about whom the Civic League seemed concerned, is different than that of a stand alone bar. 6. It was also discussed that given the price point stated above, there is no intention to set aside residential units for Section 8, low income, or other similar type housing units within the project. Although the tone of the letter seems to indicate that we have not addressed the Civic League's concerns, we believe that we have discussed and addressed the concerns brought to our attention. We are also willing, within reason, to consider and address those issues about which we were previously unaware and work with the Civic League, as well as the city, in a spirit of cooperation and n i11 i11nno rage z of -i unity. We want this project to be successful and be an enhancement to the area and the city as a whole. We will continue to work with you and the other staff to appear before the Planning Commission at the September 10, 2008 public hearing. We welcome any additional feedback or comment. As always, thank you for your assistance. 77 SITE�IMPRO' r e4 Mark Houston Ricketts, PE, LS Site Improvement Associates, Inc 800 Juniper Crescent, Suite A Chesapeake, VA 23320 Phone: (757) 671-9000 Fax: (757) 671-9288 e-mail: mrickettsasiteimprovement.net From: Faith Christie [mailto:FChristi@vbgov.com] Sent: Friday, August 01, 2008 10:20 AM To: Claude Lym; Mark Ricketts Subject: FW: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Since this is being deferred any chance you can accommodate Barbara's request below? Faith Christie, CZA, CBO Planner, City of Virginia Beach 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 757-385-6379 From: Barbara Duke Sent: Tuesday, July 22, 2008 4:24 PM To: Faith Christie Subject: FW: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Don't know if it is too late, but for the project on Lynnhaven and Centerville, it would be great if the site plan could show an 8' multi -use path on Centerville, a sidewalk on Lynnhaven is fine, since the path is on the other side on this road. Can you let me know if you think this will be a problem? From: Stephen J. White Sent: Tuesday, July 22, 2008 9:09 AM Subject: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Attached is the FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing. If you have any questions or comments pertaining to any of the items, please contact the Planner listed with the item(s) of interest. Regards, stelpAen,J WA%te, PA -D, AICD Planning Coordinator Department of Planning n1^ innnn iff 5596 Magnolia Run Circle #206 • Virginia Beach, VA 23464 • 757.817.5524 • sbrown@abbacan.com Planning Commission—City of Virginia Beach Attn: Current Planning 2405 Courthouse Drive Room 115 Municipal Center, Bldg. 2 Virginia Beach, VA 23456 August 6, 2008 RE: Combined Conditional Rezoning Application (B-2 to A-24) and Conditional Use Application (Convenience Store with Fueling Facility) Location: 2120 Centerville Turnpike (Corner of Lynnhaven Parkway and Centerville Turnpike) ("The Woods at Lynnhaven") Owner: Lillel Farms, Inc. Applicant: Site Improvement Associates, Inc. Dear Planning Commission: I write becausE! I am unable to attend the scheduled Planning Commission Hearing on August 13, 2008, regarding this matter. I have a real property interest in property adjacent to the property subject to the Application. As a former county planning board member, I know that well -thought-out comments from community members can help the Planning Commission to make proper recommendations. My comments are supplemented by photographs of the actual conditions (see Appendix). I also provide a'Locator Map to aid your evaluation. While the Applicant only provides some quick sketches of a proposed site plan, the photographs provided here immediately demonstrate the serious problems with the Applications. The photographs, accompanied by the written comments below, illustrate convincingly why DENIAL of both Applications is proper. Out of full respect for your time, I intentionally keep my comments very brief and to -the - point. I am, however, available to answer any questions in more detail. I can also provide much higher rE!solution copies of the enclosed photographs to the Planning Commission (and additional photographs) if necessary. 1 of 15 Q\Documents and Settings\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment I. Residential uses are not permitted in the B-2 zoning district, the Applicant fails to provide any compelling reason to substantially alter the B-2 USE of the property from commercial to high-density apartment residential use (B-2 to A-24), and thus DENIAL of the proposed rezoning is proper. The Conditional Rezoning Application is fundamentally about the applicant's unilateral request to substantially change the current zoning from a commercial/business (B-2) district to a very -high-density apartment/residential use district (A-24). Thus, while the Applicant focuses on and appears to make a "big issue" of the proposed development density, the predicate issue is a significant USE change. The property is entirely within a B-2 district.' Residential uses are not a principal use (permitted "by right") or a conditional use in the B-2 zoning district.2 Therefore, the Applicant must compellingly demonstrate why a significant change in use is necessary prior to any discussion of density. The Applicant fails to do so. A. The Applicant fails to provide any compelling data to support the proposed USE change—a change that is specifically contrary to the City Comprehensive Plan and Zoning District—and thus DENIAL for this reason alone is proper. Since the USE, not density, is the predicate issue, the Applicant must first overcome a significant burden of demonstrating why a SIGNIFICANT USE change, that directly contradicts the City Zoning Code and City Comprehensive Plan, is necessary. The Applicant wholly fails to do so. The site is not within, for example, a Strategic Growth Area, which might justify a rezoning.3 There is no evidence that the local real estate market demands 100 additional housing units—to the contrary, recent reports convincingly and universally indicate that the market is flooded with excess housing units 4 Adding additional units may further depress housing values for adjacent property owners. Since these proposed residential units CANNOT be built on the site now because the site is properly zoned B-2 Commercial, the Owner/Applicant has not expectation or presumption of such use. Therefore, DENIAL of the Application is proper. B. The proposed residential site does not have a demonstrably safe and proper ingress -egress, and thus DENIAL is proper. Sometimes, simple common sense prevails. The proposed site has several, inherent restrictions on ingress -egress due to its location. ' ZONING MAP § C 11 (June 10, 2008). 2 CITY OF VIRGINIA BEACH CODE, Appendix A, Article 9, § 901. 3 CITY OF VIRGINIA BEACH, 2003 COMPREHENSIVE PLAN POLICY DOCUMENT, at Chapter 2 (2003). 4 E.g., Tom Shean, Glutted Market, Wary Buyers Hit Region's Homebuilders Hard, THE PILOT, Aug. 1, 2008. 2 of 15 Q\Documents and Settings\Shannon\My Documents\My Mlsc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use,doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment While an entrance to the residential project is proposed for Lynnhaven Parkway at the southwest corner of the proposed site, this entrance has Significant, common sense limits. (See Appendix Locations A and B). ■ First, Lynnhaven is now a divided road. There is no access to the Applicant's site heading east on Lynnhaven. Second, the only access from Lynnhaven would require someone to drive east on Lynnhaven from Centerville Turnpike, do a U-turn at an UNCONTROLLED residential intersection (with at least two bus stops), then proceed approximately a quarter mile (.25 miles) west on Lynnhaven around a notable bend in the road before getting access. (See Appendix Location B.) Third, the roadway precludes exiting the project and heading east on Lynnhaven (turning left out of the project). The only alternative would be turning right, heading west on Lynnhaven, and then trying to do a U-turn at the very busy and congested Lynnhaven and Centerville intersection (newly re -aligned). (See Appendix, Location C.) A "cut" in Lynnhaven, just re -aligned in 2006-07and significantly improved, is also not practical or desired. The Applicant apparently proposes a second entrance to the residential area through the proposed commercial development in the northwest area of the plan. Fourth, this second entrance is also highly problematic. The exit onto Centerville Turnpike would focus traffic at an already congested area of Centerville Turnpike. (See Appendix Locations D and E and Section III Discussion below). The Applicant apparently proposes this additional ingress -egress point through the parking lot of the proposed commercial space fronting on Centerville Turnpike. Any residential ingress -egress, internally via the commercial area,5 and emptying onto Centerville Turnpike simply does not adequately resolve the problem of access into the proposed site for traffic heading south on Centerville Turnpike (and does not resolve the problem with Lynnhaven at all). Centerville (see Appendix, Locations D and E and Locator Map) is already very congested at this point. The Applicant apparently proposes placing a significant volume, left turn across the north -bound traffic on Centerville in this already congested area. The left turn will potentially impede the Centerville/Lynnhaven intersection turning lanes JUST BUILT LAST YEAR AT SIGNIFICANT TAXPAYER EXPENSE. The point here is: there is inadequate ingress -egress for the newly proposed, and not permitted, RESIDENTIAL purposes.6 'See Conditional Rezoning Application, Preliminary Layout of the Woods at Lynnhaven (site plan). 6 The traffic issues here are complex and confusing. As noted throughout this letter, simply seeing the site immediately makes the numerous issues clear. The photographs in the Appendix also attempt to illustrate these significant issues. 3 of 15 Q\Documents and Settings�Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment Even a cursory review of the proposed residential site (or a review of the photographs in the Appendix, Locations D and E) shows that SIGNIFICANT UNRESOLVED PROBLEMS exist. Common sense justifies DENIAL of a USE change due to these problems. II. The proposed, and grossly excessive, rezoning density (B-2 to A-24) squarely contradicts both the City Zonina Ordinance and City Comprehensive Plan, and thus the Plannina Commission is left with no choice but to recommend a DENIAL of the application for rezoning from B-2 to A-24. The zoning density discussion here is for comprehensiveness. As noted in Section 1 (above), the predicate issue is a USE issue. That is, the density discussion is moot/pointless until the Applicant FIRST provides compelling justification to change the USE of the propertyfrom Commercial to Residential. The Applicant fails to do so. However, as noted below, due to the plain statements in the controlling Zoning Ordinance and Comprehensive Plan, the Planning Commission is left with no choice but to recommend DENIAL of the Application to change the zoning to A-24. The Applicant proposes rezoning 11.11 acres of a total 16.12 acre parcel from B-2 to A-24. The property subject to the Application is surrounded by lower density, R-7.5, residential housing and a limited number of A-12 apartment units.' No A-24 or A-36 Districts are already developed or exist in the vicinity of the proposed rezoning.8 The property is currently a golf driving range, and the current golf range use is consistent with the surrounding neighborhood. As exists, the property is largely grassy and tree -lined and is bordered on the north by a high-voltage electric line. Importantly, the Planning Commission is tasked with only evaluating the Applicant's actual Application—that is, a request to rezone from B-2 to A-24. While the nature of the Applicant's request is usually obvious, in this case, the issue is potentially confusing. The confusion arises because the Applicant "suggests" a "potential use" for the property and even supplies some quick, general illustrations of a townhouse development, BUT those suggested drawings and site plan show a much lower density development than the Applicant actually requests in the Application. To emphasize, the Planning Commission, per the Application, is asked to consider rezoning from B-2 to A-24 and is not tasked with considering the "suggested," and potentially highly misleading, site plans and drawings showing a lower (10.77 units9 per acre) density development. See ZONING MAP § C1 I (June 10, 2008). s ZONING MAP § CI I (June I0, 2008). 9 The Applicant notes that the density is "9" units per acre if the high-voltage electric line easement is considered. 4of15 C:\Documents and Settings\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment A. The City Zoning Ordinance plainly states the NO ADDITIONAL A-24 Districts are to be created or enlarged, and thus DENIAL is required. The City Zoning Ordinance plainly states: It is not the intention to create additional A-24 or A-36 Districts or to enlarge the limits of existing A-24 or A-36 Districts except in cases to promote infilling in areas that are already zoned or developed at densities between twenty-four (24) and thirty-six (36) dwelling units per acre.10 According to the current (as of this writing) City of Virginia Beach Zoning Map," no A-24 or A-36 Districts exist anywhere near the property subject to this application. In fact, all of the densities are at least half of the requested density, and most densities are almost one-third of the proposed density. The Planning Commission and City Council are bound by these plain statements (in code) of the express legislative intent of the City Council in adopting this section of the Zoning Ordinance. Thus, a recommendation of DENIAL is required and proper. B. The Applicant expressly demonstrates that the A-24 density is entirely unnecessary by proposing a use that would require, at most, 10.77 units per acre, and thus DENIAL is required and proper. The Applicant summarily forecloses any claim of undue "burden" from a denial or any claim for "necessity" because the Applicant proposes a project that would require a unit density of only 10.77 units per acre (9 units per acre if the Dominion Virginia Power Easement is included). Nevertheless, the .Applicant requests a rezoning that is OVER 2.5 TIMES THE REZONING DENSITY NECESSARY per the Applicant's own development proposal. 'The Applicant's request is grossly excessive at best. The Applicant fails to demonstrate any reasonable necessity for such high density. The Applicant also undeniably demonstrates that A-24 is ABSOLUTELY NOT NECESSARY by its own plan. A recommendation of DENIAL of the Application is proper and required. C. The .Applicant/Owner's property does not meet the narrowly drawn "exception" for "in -fill" development13 because there are no A-24 or A-36 density districts already developed in the area, and thus DENIAL is required. ,As noted above, the City Zoning Ordinance regarding A-24 and A-36 Districts ;plainly reads: It is not the intention to create additional A-24 or A-36 Districts or to enlarge the limits of existing A-24 or A-36 Districts except in 1° CITY OF VIRGINIA BEACH CODE, Appendix A, Article 6, § 600. 11 ZONING MAP § C 11 (June 10, 2008). 1' See ZONING MAP § C11 (June 10, 2008). 13 The City of Virginia Beach formally defines "in -fill" development. See the CITY OF VIRGINIA BEACH, 2003 COMPREHENSIVE PLAN POLICY DOCUMENT, at 91 (2003). The City's definition clearly and unambiguously states that in -fill development specifically must be consistent with current use patterns and use densities. 5of15 C:\Documents and Settlngs\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Usedoc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment cases to promote infilling in areas that are already zoned or developed at densities between twenty-four (24) and thirty-six (36) dwelling units per acre. 14 The City Council strongly and plainly states its express intention that NO A- 24 Districts be created or enlarged. Even the narrowly drawn exception is very carefully qualified to 1) ONLY allow A-24 additions or expansions in 2) ONLY the already very limited situations where parcels are 3) ALREADY DEVELOPED at such very -high densities. In the Applicant's case, no such areas in the vicinity of the Applicant Site are "already developed" at A-24 or A-36 density (and none are believed to even exist).15 Thus, the Applicant absolutely does not meet the narrowly -drawn exception. DENIAL is required and proper. For these reasons, among others, the Planning Commission is required to recommend DENIAL of the application to rezone from B-2 to A-24. III. Because of the significant traffic problems and the incompatibilities with the surrounding residential neighborhood uses, DENIAL of the convenience store with fueling facility (GAS STATION), conditional -use -permit application is proper. The Applicant, proposes a convenience store and fueling facility (gas station), along with other commercial uses, amounting to an estimated 27,900 sq. ft. of commercial space on approximately 5.01 acres of land fronting on a TWO-LANE SECTION of heavily -travelled Centerville Turnpike. The property and proposed gas station site is diagonal to the Centerville Elementary School and is surrounded on three sides by strictly residential uses. Note, only the gas station conditional use is subject to review in this Application; however, the additional uses proposed are inextricably linked to the overall significant problems with the proposed, conditional use. The gas station proposal requires a conditional use permit and thus is not a "use by right" in the B-2 zoning district. Conditional uses carry a presumption that some uses are incompatible with 1) the zoning district, 2) current uses, and 3) future uses, and thus the Applicant must demonstrate compelling facts to overcome this presumption.16 The Applicant wholly fails to do so. The Applicant provides no 14 CITY OF VIRGINIA BEACH CODE, Appendix A, Article 6, § 600 (emphasis added) 15 ZONING MAP § CI 1 (June 10, 2008). 16 CITY OF VIRGINIA BEACH CODE, Appendix A, Article 2, § 200. "The purpose of this section (Conditional Use] is to recognize certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a given zoning district. These uses as described may be allowed to be located within given designated districts under the controls, limitations and regulations of a conditional use permit. It shall be the duty of the city council under the provisions of this article to evaluate the impact and the compatibility of each such use, and to stipulate such conditions and restrictions including those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in ternis of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the 6of15 C:\Documents and Settings\Shannon\My Documents\My Mlsc\2120 Zontng\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment compelling facts to demonstrate any unique needs or compelling community benefit from a project that is NOT permitted "by right." The Applicant demonstrates no ability to mitigate the significant negative effects of the project on community character, traffic, and community safety (including elementary school). A. The gas station is not compatible with the largely residential and ELEMENTARY SCHOOL uses in the area, and thus DENIAL is proper. .As noted, the uses in this area are largely residential. There is also an ELEMENTARY SCHOOL diagonal from the proposed gas station site. Further, ,and somewhat ironically, the Applicant proposes additional residential uses For the immediately adjoining property (WITH NO BUFFER WHATSOEVER). A gas station is a per se incompatible use 17 with such LONG-ESTABLISHED residential and child -focused uses in the vicinity. There is no indication in the Application that a gas station is sustainable or necessary at this site. In fact, there are at least four gas stations within easy access of the proposed gas station site (and all are properly compatible uses unlike this project). There i.s no provision of adequate screening or buffering of this per se incompatible use from adjacent properties. Further, due to the density of the proposed site elan, there is also little room for such screening or meaningful buffers. ]ironically, the proposed A-24 residential uses proposed by the Applicant in the related Application are not adequately screened or buffered at all from the gas station.18 Thus, the Applicant wholly fails to demonstrate that reasonable conflicts with surrounding uses resulting from a gas station are mitigated, and thus DENIAL is proper. B. Traffic issues, as discussed in Section I, further support the denial of the gas station Application as an incompatible use. The proposed project, as noted before, is fronted on heavily travelled, two- lane19 Centerville turnpike with most ingress and egress for the gas station on Centerville Turnpike. This section of Centerville Turnpike, along with Lynnhaven Parkway, were notably improved in 2006-07 at significant taxpayer expense. Centerville at this location (heading north from the intersection of Lynnhaven Parkway), is heavily travelled, is very congested, and is a two-lane road for through -traffic. To compound the traffic issues, the section is travelled by school buses carrying ELEMENTARY SCHOOL AGE children originating from Centerville Elementary School located diagonal to the gas station site. Further, a bike lane and pedestrian path, with surprisingly active use, directly fronts on the proposed gas station site. use as not being in accordance with the adopted comprehensive plan or as being incompatible with the surrounding neighborhood." (emphasis added). " Thus, the necessity for a conditional use permit. See CITY OF VIRGINIA BEACH CODE, Appendix A, Article 2, § 200; CITY OF VIRGINIA BEACH CODE, Appendix A, Article 9, § 900. 18 Conditional Use Application, Preliminary Layout of the Woods at Lynnhaven (site plan). 19 Centerville Turnpike did recently (2006-07) receive upgrades including turning lanes. Nevertheless, the road remains a heavily travelled, two-lane road of actual traffic flow. 7of15 C:\Documents and Settlngs\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment Admittedly, conveying the serious problems with this section of Centerville Turnpike is difficult with words (and is difficult with even with a site plan). The problems are immediately evident with a site visit or, hopefully, by reviewing the appended photographs (see especially Appendix, Locations C, D, and E and the Locator Map). For example, Centerville now has a left hand turning lane heading south towards the Lynnhaven Parkway intersection to allow traffic to turn left to head east on Lynnhaven (see Appendix, Location D). The proposed ingress and egress to the gas station will impede this just -completed, turning -lane project. Traffic heading south on Centerville will queue for the gas station to turn left in the area now provided for left hand turns onto Lynnhaven (see Appendix, Locations C, D, and E) --creating a very dangerous situation because cars will need to slow in the turning lane to try to cross the HEAVY, SINGLE -LANE traffic heading north on Centerville competing with cars trying to use the turning lane for the intersection. Further, gas station traffic trying to exit the gas station to head north on Centerville would be faced with heavy traffic channeled IN A SINGLE LANE heading north on Centerville (not to mention trying to dodge competing cars trying to enter the gas station from heading south). The egress from the gas station to head north on Centerville is further impeded by the traffic light immediately north of this project at Glen View Drive, which queues well -into the proposed project area. Finally, trying to exit and turn left to head SOUTH on Centerville is practically impossible (and highly dangerous) given the fundamental limits of this stretch of road (and probably not readily correctable).Z0 To even further compound the problems, the gas station ingress -egress is reasonably expected to be HIGHEST at the times when the road is MOST congested—that is, morning commute, lunch time traffic, and afternoon commute. Thus, the gas station will generate or re -focus traffic on this TWO LANE span at precisely the time of highest overall usage (and at times of concurrent usage by ELEMENTARY SCHOOL CHILDREN in buses). The dangers for pedestrians and bicyclists are also readily apparent.21 One simply needs to look at this site to immediately see these issues (as photographs in the Appendix attempt to demonstrate). For these reasons, and by sheer COMMON SENSE, the conditional use permit should be DENIED. 20 These issues are not at a critical or problematic level with the light -use of the golf range and highest uses at off- peak hours. off- peak I can only provide anecdotal information, the bike -pedestrian path in this section is, perhaps surprisingly, very well -used. 22 Letter from Pender & Coward, Certificate of Title for 2120 Centerville Turnpike, March 27, 2008 (Rezoning Application). 8of15 C:\Documents and Settings\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment For the reasons provided, recommending DENIAL of both Applications is proper or required. Common sense and a fuller picture of the proposed project, and surrounding area, demonstrate numerous, unresolved problems with the proposed project. These problems preclude the approval of the Applications. As such, I trust that the Planning Commission will properly recommend DENIAL of both Applications since the evidence for denial is compelling. In the unlikely event, however, that the Planning Commission does not recommend denial of both Applications, I request prompt, written notice of the Commission's action(s) along with written justification for any action other than recommending denial. I also request prompt, written notification of any appeals by the Applicant/Owner (or successors) or any subsequent actions (for example, subsequent Applications) by the Applicant/Owner (or successors). As a former planning board member, I always appreciated the value of a "second set of eyes" reviewing an Application. I hope that my comments and insights are helpful to the Commission. If I can supply additional insights, please do not hesitate to contact me. I thank you for thoughtfully considering these issues. Sincerely, SL�- sl�� Shannon Brown CC: Faith M. Christie, CZA, CBO 9of15 C\Documents and Settings\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment—Appendix I: Photographic Proofs Appendix I: Photographic Support for Denial Map copyright GoogleMaps. Note that the photographic imagery in this map does not reflect the recent upgrades. Location A: Intersection of Lynnhaven Parkway, Magnolia Run Circle, and Heald Way. Approximately .25 MILES east of the proposed site. Location B: Approximate site of the entrance (ingress and egress) from proposed residential development (arrow denotes approximate entrance/exit). NOTE: The proposed ingress -egress (B) is approximately .25 miles west of the newly DIVIDED, Lynnhaven Parkway. That is, there is no general access to this proposed entrance. Also, note the significant CURVE to Lynnhaven Parkway to the east (between B and A) that potentially limits safe sight -lines for traffic entering or exiting the proposed entrance at Location B. Location C. Intersection of Lynnhaven Parkway and Centerville Turnpike. Significantly improved in 2006-07. Centerville Elementary on southwest corner. Location D: Approximate location of ingress -egress to proposed gas station (see arrow). Location E: Northern edge of property. Note traffic light on Glen View Drive immediately north of the proposed main ingress -egress for the project (see photos showing significant vehicle queue even on a Sunday afternoon). 10 of 15 C;\Documents and Setdngs\Shannon\ My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment—Appendix I: Photographic Proofs Location A: Lynnhaven Parkway at the intersection of Magnolia Run Circle and Heald Way. Looking west TOWARDS the proposed project. The proposed residential project site is approximately .25 miles to west of this point. Uncontrolled, residential intersection with at least two bus stops. Likely a dangerous U-TURN site if the project is built. Location A -B (,approximately half -way between A and B at city park): Looking WEST on Lynnhaven in east -bound lane. Note road curve and DIVIDED lanes. Even at this location, the problems with sight lines and lack of ready access are IMMEDIATELY apparent. 11 of 15 Q\Documents and Settings\!;hannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment—Appendix I: Photographic Proofs Location B-1: On DIVIDED media on Lynnhaven Parkway looking LAST towards Magnolia Run Circle and Heald Way intersection. NOTE CURVE AND GENERAL LACK OF ACCESS. Nearest turning access approximately .25 miles east from this location at uncontrolled intersection. Speed limit 35 MPH. Location B-2: At approximate location of PROPOSED ENTRANCE on Lynnhaven Parkway looking EAST towards Magnolia Run Circle and Heald Way. NOTE CURVE. No access from Lynnhaven heading EAST. Speed limit 35 MPH. 12 of 15 C:\Documents and Settlngs\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment—Appendix I: Photographic Proofs Location C-1: Generally BUSY intersection of Lynnhaven Parkway and Centerville Turnpike near the southwest corner of the proposed site. Centerville Elementary School visible in center - left of image. INTERSECTION RECENTLY SIGNIFICANTLY IMPROVED (2006-07). Location C-2: Intersection of Lynnhaven Parkway and Centerville Turnpike looking NORTH. Note TWO-LA1vE road and TURNING LANES. Recently significantly realigned in 2006-07. Approximate gas station entrance before the fire hydrant in this image (fire hydrant marks current golf range entrance). Note bike path and walk -way. 13 of 15 C:\Documents and Settings\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment—Appendix I: Photographic Proofs Location D-1: Approximate entrance for gas station looking NORTH. Note substantial traffic queue backed up to edge off proposed project on a SUNDAY, in the early afternoon (approximately 12:45PM). Weekly queue here can easily backup well into the proposed site. Location D-2 zoom image): Approximate entrance for gas station looking NORTH. Note heavy traffic queue backed up to edge of proposed project on a SUNDAY, in the early afternoon (approximately 12:45PM). Also note well -used bike and pedestrian path that would be impeded by the proposed project. 14 of 15 C:\Documents and Settlngs\Shannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike—Conditional Use and Rezoning Application Public Comment—Appendix I: Photographic Proofs Location E-1: Northern corner of proposed project under high-voltage power lines looking NORTH on Centerville Turnpike. Note TRAFFIC LIGHT at Glen View Ave. immediately north of proposed site. Note significant traffic queue on an early Sunday afternoon. Approximate site of main egress from residential project. (Note, a different bicyclist on this well -used bike path.) Location E-2: Northern corner of proposed project under high tension power lines looking SOUTH on Centerville Turnpike towards proposed project site. Note heavy traffic queue on an early Sunday afternoon. ELEMENTARY SCHOOL visible in background. Note turning lanes. 15 of 15 C:\Documents and SettlnS*,Skannon\My Documents\My Misc\2120 Zoning\2120 Centerville Tpk Rezoning & Conditional Use.doc In Reply Refer To Our File No. DF -7106 TO: Mar . Stiles FROM:B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 25, 2009 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application, 2150 Centerville, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 10, 2009. 1 have reviewed the subject proffer agreement, dated October 3, 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: Kathie Hassen PROFFER AGREEMENT THIS :PROFFER AGREEMENT ("Agreement") made this day of , 2008, by and between 2150 CENTERVILLE, L.L.C. (formerly known as 1250 CENTERVILLE, L.L.C.), A Virginia limited liability company, ("Centerville"), LILLEL FARMS, INC. ("Lillel"), a Virginia stock corporation (collectively "GRANTOR"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("GRANTEE,") provides and states as follows: WITNESSETH: WHEREAS, Lillel owns, and Centerville is the contractor purchaser of, that certain parcel of land (the "Property"), containing approximately sixteen and twelve-hundreths (16.12) acres, located at the northeast corner of the intersection of Centerville Turnpike and Lynnhaven Parkway, in the City of Virginia Beach, Virginia, as depicted in that plan entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc. and dated July 24, 2008 ("Plan"); and WHEREAS, Grantor requests a change of zoning for a portion of the Property (legal description attached as Exhibit A) from B-2 — Community Business District to Conditional A-24 — Apartment District, for the purpose of developing the property into an area of residential townhouse style condominium parcels, with approximately one hundred (100) residential townhouse style condominium units on the rezoned portion, all as depicted on the Plan. PREPARED BY: PENDER & COWARD, P.C. 222 CENTRAL PARK AVENUE, SUITE 400 VIRGINIA BEACH, VA 23462 GPINS: 1464-08-1683-0000 1 NOW, THEREFORE, the GRANTOR, their successors, assigns, GRANTEE and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this 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, their successors, assigns, GRANTEE and other successors in interest or title: 1. The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director; 2. The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The landscaping shown on the plan for the residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director; 2 3. An exhibit entitled, "The Woods at Centerville", prepared by Martin and Martin Architecture, Inc., is proffered as part of this Agreement. The document was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The buildings on the residential portion of the Property shall be developed in general conformance with the exhibit, in arrangement, material shown, and material specified on the exhibit. Modifications to the buildings are permitted as approved by the Planning Director; 4. The Property to be rezoned to Conditional A-24 — Apartment District shall be developed into no more than 100 units, 5. The Grantor will mount security cameras within the developed commercial portion of the Property at locations to be coordinated with Planning Department staff members. 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 writir:g, 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; or 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. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 WITNESS the following signatures and seals. GRANTOR: 2150 Centerville, L.L.C. A Virginia Limited Liability Company By: LILLEL FARMS, INC. Its: Authorized Member By. ah Rose Ann Coker, President LILLEL FARMS, INC. A Virginia Stock Corporation BY (�U Rose Ann Coker, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH I, 2)M,\M -T VkC1= , a Notary Public in and for the City and State aforesaid, do hereby certify that Rose Ann Coker, as President of Lillel Farms, Inc., on behalf of itself and as Authorized Member of 2150 Centerville, L.L.C., whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and State aforesaid this �$d day of ((',)LjtCk , 2008. She is personally known to me or has produced identification. ,Z127ZZ17V �19MW4 Notary Public My commission expires: %,=n=, ?f_) , ?n\ My Registration Number is: 12M CR C! T. W. •..•...� �'i .•��P?-Y P(/�•.L Z MY COMMISSION C1 : NUMBER 7205708 • ��•..'`'EAITH tAy Commission Expires November 30, 2012 EXHIBIT A Legal Description Beginning at ail iron pin found along the easterly right-of-way line of Centerville Turnpike in the City of Virginia Beach, Virginia, said point being located approximately 682.17 feet north of the intersection of -the northerly right of way line of Lynnhaven Parkway and the easterly right-of- way line of Centerville Turnpike, said point being a common corner with Lot 61 of Section 4 of the Charlestowne Lakes subdivision, said subdivision plat being recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Map Book 122 at Page 12; thence, along the southerly and common boundary line of Lots 61, 60, and a portion of Lot 59, Section 4 of the Charlestowne Lakes subdivision N 71" 50' 01" E for a distance of 287.46 feet to the POINT OF BEGINNING OF THE property to be described. From said POINT OF BEGINNING, along the southerly and common boundary lines of the remaining portion of Lot 59, Lot 50, Lot 49, Lot 47, Lot 46, Lot 45, Lot 44, and a portion of Lot 43, Section 4, Charlestown Lakes subdivision, N 71' 50' 01" E for a distance of 663.25 feet to an iron pin found and common corner with the parcel, now or formerly, owned by Magnolia Run Apartments, L.L.C. by deed recorded in the Clerk's Office of the Ciircuit Court of Virginia Beach, Virginia in Deed Book 4372 at Page 1221; thence, along the westerly and common line with Magnolia Run Apartments, L.L.C., S 18" 09' 57" E for a distance of 73 6.98 feet to an iron pin found along the northerly right-of-way line of Lynnhaven Parkway; thence, along the northerly right-of-way line of Lynnhaven Parkway S 71' 48' 52" W, 2.84 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 18" 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lyrmhaven Parkway, S 71" 48' 53" W, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 18" 11' 07" E, 4.92 feet to a point; thence, continuiing along the northerly right-of-way line of Lynnhaven Parkway, S 71 ° 48' 53" W, 225.06 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 18`' 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 71 ° 48' 53" W, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 18" 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 74° 49'40" W, 224.72 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 18° 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 75° 37' 44" W, 4.93 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 18° 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 75" 14' 12" W, 159.40 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 18" 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 75° 23' 28" W, 5.26 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 18" 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 71 ° 48' 53" W, 31.80 feet tc a point; thence, along a zoning separation and differentiation line as well as proposed property line, N 18° 09' 59" W, 714.48 feet to the point of beginning of the property described herein, containing approximately 483,871 square feet or 11.11 acres situated in the City of Virginia Beach, Virginia. 5 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Zoning Ordinance Amendment, Setbacks from the Ultimate Right -of -Way MEETING DATE: March 10, 2009 ■ Background: An Ordinance to delete Section 201(b) of the City Zoning Ordinance pertaining to setbacks from the ultimate right-of-way as shown on the Master Transportation Plan. ■ Considerations: The amendments repeal the requirement that setbacks be measured from the ultimate right-of-way line where the subject property abuts a street shown on the Master Transportation Plan. As a result, such setbacks will be measured from the property line, as indicated by the definition of the term "yard" found in the City Zoning Ordinance. ■ Recommendations: Staff requests an indefinite deferral of this amendment to provide the opportunity for staff to discuss several issues pertaining to the implementation of this amendment should it be eventually approved. Recommended Action: Staff requests indefinite deferral. Submitting Department/Agency: Planning Department City Manager. k V� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Zoning Ordinance Amendment, Signage for Religious Uses MEETING DATE: March 10, 2009 ■ Background: An Ordinance to amend City Zoning Ordinance Sections 211 and 230, pertaining to signage for religious uses. This ordinance amendment was requested by Councilman William R. DeSteph. IN Considerations: The amendment allows religious uses to have the same signage as other uses in the same zoning district. The current Zoning Ordinance allowance for a religious use (one sign per entrance not exceeding 24 square feet per face) is retained in Residential Districts. In addition, a provision is added that allows the City Council to vary signage for religious uses in Residential Districts as part of the conditional use permit. ■ Recommendations: The Planning Commission placed this item on their Consent Agenda, passing a motion by a recorded vote of 10-0 to approve this amendment. ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: # 15 February 11, 2009 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO CZO SEC. 211 AND 230 (SIGNS FOR RELIGIOUS USES) REQUEST: An Ordinance to amend City Zoning Ordinance Sections 211 and 230, pertaining to signage for religious uses. SUMMARY OF AMENDMENT The amendment allows religious uses to have the same signage as other uses in the same zoning district. The current Zoning Ordinance allowance for a religious use (one sign per entrance not exceeding 24 square feet per face) is retained in Residential Districts. In addition, a provision is added that allows the City Council to vary signage for religious uses in Residential Districts as part of the conditional use permit. RECOMMENDATION The amendments are recommended for approval. CITY OF VIRGINIA BEACH - SIGNS FOR RELIGIOUS USES Agenda Item 15 Page 1 1 REQUESTED 13Y COUNCILMEMBER WILLIAM R. DESTEPH 2 3 4 AN ORDINANCE TO AMEND CITY ZONING 5 ORDINANCE SECTIONS 211 AND 230, 6 PERTAINING TO SIGNAGE FOR RELIGIOUS USES 7 8 Sections Amended: City Zoning Ordinance Sections 9 211 and 230 10 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That Sections 211 and 230 of the City Zoning Ordinance, pertaining to signage 19 for religious uses, is hereby amended to read as follows: 20 21 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 22 TO ALL DISTRICTS 23 24 .... 25 26 Part B. SIGN REGULATIONS 27 28 29 Sec. 211. Signs permitted in all districts. 30 31 The following types of signs are exempted from all of the provisions of this 32 ordinance, except for illumination, construction, and safety regulations and the following 33 standards: 34 .... 35 36 (i) Rem' 37 squaF8 feet peF faGe. No GUGh 649R shall have MGFe than two (2) faGeS. 38 39 .... 40 41 COMMENT 42 43 Subsection (i) is removed from Section 211 and is added, with other amendments, to Section 44 230, which specifically pertains to religious uses. 45 46 47 48 Part C. CONDITIONAL USES AND STRUCTURES 49 50 .... 51 52 Sec. 230. Religious uses. 53 54 In addition to general requirements, the following special requirements and 55 limitations shall apply to religious uses in districts in which they are generally permitted: 56 57 (a) Minimum lot area. The minimum lot area shall be three (3) acres. 58 59 (b) Off-street parking. At least one space per five (5) seats or bench seating 60 spaces in the main auditorium. Provided, however, that the requirement for any church 61 located in a shopping center shall be as specified in the conditional use permit allowing 62 such church. 63 64 (c) Signs shall be permitted in accordance with the regulations of the district 65 in which the use is located; provided however, that in residential districts religious uses 66 shall be allowed one (1) sign per entrance not to exceed twenty-four (24) square feet 67 per face or such other signage as may be specified in the conditional use permit No 68 such sign shall have more than two (2) faces. 69 70 COMMENT 71 72 The amendment would allow religious uses to have the same signage as other uses in the 73 same zoning district. The current CZO allowance (one sign per entrance not exceeding 24 square 74 feet per face) for religious uses in Residential districts is retained. In addition, a new provision is 75 added that would allow the City Council to determine the signage as part of the conditional use 76 permit for the religious use. Adopted by the City Council of the City of Virginia Beach on the day of , 2009. APPROVED AS TO CONTENT: J Planning epartment CA -10960 January 12, 2009 R-3 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Item # 16 City of Virginia Beach An Ordinance; to amend Section 110 of the Chesapeake Bay Preservation Bay Area Ordinance establishing a deferral fee February 11, 2009 DEFERRED Janice Anderson: It has come to the Chair's attention that agenda item 16. That is the application of the City of Virginia Beach regarding an ordinance change to Chesapeake Bay Preservation Act? Does anyone have any objection to that matter being deferred? Okay. Is there a motion? Joseph Strange: Madame Chair, I make a motion to approve deferring item 16. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has deferred item 16. L. APPOINTMENTS HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFINGS: SUMMARY OF COUNCIL ACTIONS VOLUNTEER RESOURCES — Annual Mary Russo, Director Report V I REAL ESTATE ASSESSMENT— Annual Jerald Banagan, DATE: 2/24/09 L Report D S L E D CITY MANAGER'S BRIEFINGS H E A W PAGE: 1 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 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 VA CITY COUNCIL BRIEFINGS: VOLUNTEER RESOURCES — Annual Mary Russo, Director Report B REAL ESTATE ASSESSMENT— Annual Jerald Banagan, Report City Assessor IVA CITY MANAGER'S BRIEFINGS Susie Walton, 2010 HEALTH CARE PLANNING Deputy City Manager Kenneth Jeffries, Principal — Mercer B INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance C PLANNING ITEMS PENDING Jack Whitney, Director - Plannin IIVIV/VVV CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y E SESSION VII/F/G MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Informal/Fortnal Sessions 2/3/09 Special formal session 2/17/09 H/I PUBLIC HEARINGS: LEASE OF CITY PROPERTY - NO SPEAKERS SPORTSPLEX 218 land 2257 Landstown Road POLLING PLACE CHANGE — Magic NO SPEAKERS Hollow Precinct CITY OF VIRGINIA BE4CH Ords to AMEND City Code ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y CONSENT § 10-1 re location of Magic Hollow Voting V I Precinct DATE: 2/24/09 L b §2-348 re destruction of paid personal D 11-0 Y Y Y S Y L Y Y Y Y E D property tax records H E A W PAGE: 2 D S I E J S U N I Y Y 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 MMNA Y Y O O Y S H L R Y S SN D J/K/1/a Ords to AMEND City Code ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT § 10-1 re location of Magic Hollow Voting Precinct b §2-348 re destruction of paid personal ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property tax records CONSENT c Chapter 28/ADD Artr.cle IV re reqs for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y discharge into public sewer system CONSENT 2 Resolution to EXECUTE MOA with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y HRSD re grease control devices CONSENT 3 Resolution to APPOINT Mark D. Stiles as ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Attorney, eff March 1, 2009 CONSENT 4 Ord to AUTHORIZE Housing Choice ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Voucher Adm Plan with HUD re Section 8 CONSENT 5 Resolution to REFER to Planning Com ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Chesapeake Bay Preservation Area Ord CONSENT re swimming pool as impervious/ESTABLI[SH uniform buffer mitigation stds 6 Ord to APPROPRIATE $9,826 from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Francis Land House Trust to Museum re CONSENT Adam Thoroughgood House 7 Ord to APPROPRIATE initiative grant of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 1416,754 from HomeLutd Security to Police CONSENT 8 Ord to TRANSFER $128,650 to ComIT ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re City's websites CONSENT K/1 A.R.E., for Expansion of a DEFERRED TO 10-0 Y Y Y Y Y Y A Y Y Y Y Nonconforming Use at 215 67& St - 3/10/09, BY B DISTRICT 5 — LYNNHAVEN CONSENT S T A I N E D CITY OF VIRGINIA BEACH Variance to §4.4(b) of Subdivision Ord APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y that all lots meet CZO for CHARLES CONDITIONED, H. DAWSON re lot width at 4300 BY CONSENT V I Charity Neck Road - DISTRICT 7 - DATE: 2/24/09 L PRINCESS ANNE D S L E D Variance to §4.4(b) of Subdivision Ord H 10-0 E Y A W A 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 S H L R Y S S N A N D 2 Variance to §4.4(b) of Subdivision Ord APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y that all lots meet CZO for CHARLES CONDITIONED, H. DAWSON re lot width at 4300 BY CONSENT Charity Neck Road - DISTRICT 7 - PRINCESS ANNE 3 Variance to §4.4(b) of Subdivision Ord APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y that all lots meet CZO for BRUCE & CONDITIONED, B KELLIE HENLEY re flag lot at Charity BY CONSENT S Neck/North Muddy Creek Roads - T DISTRICT 7 - PRINCESS ANNE A I N E D 4/a JOHN RODGER BURNS at 3477 Muddy APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Creek Road - DISTRICT 7 - PRINCESS CONDITIONED, ANNE: BY CONSENT D I Variance to §4.4(b) of Subdivision Ord that S all lots meet CZO re dwelling in floodplain C L O S E D b Floodplain Variance re fill/mitigation APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED, BY CONSENT D I S C L O S E D 5 STEPHEN C. SWAIN Expansion of APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforming Use re dwelling at 1107 CONDITIONED, Cedar Point Drive - DISTRICT 5 — BY CONSENT LYNNHAVEN 6 WAL-MART REAL ESTATE MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y BUSINESS TRUST Modification of PROFFERS Proffers Nos. 4/6/10 (approved May 14, 1990) at 657 Phoenix Drive - DISTRICT 3 - ROSE HALL 7 RE -BIRTH INTERNATIONAL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MINISTRIES ai�UP re church at 5249 CONDITIONED, Chaffedon Drive - DISTRICT 2 — BY CONSENT KEMPSVILLE CITY OF VIRGINIA BEACH CRESCENT COMMUNITY CENTER APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y for a CUP re church at 1401 Lynnhaven CONDITIONED, Parkway - DISTRICT 3 - ROSE HALL BY CONSENT V DATE: 2/24/09 1 CARLA L. GRAHAM for a CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y L Y Y Cosmetology School at 5760 Princess Anne D S L E D Road - DISTRICT 2 - KEMPSVILLE H E A W PAGE: 4 D S I E J S U N I Y Y A T E D N O S H U L W AGENDA V E Z Y L N O R E S O TI EM # 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 8 CRESCENT COMMUNITY CENTER APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a CUP re church at 1401 Lynnhaven CONDITIONED, Parkway - DISTRICT 3 - ROSE HALL BY CONSENT 9 CARLA L. GRAHAM for a CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Cosmetology School at 5760 Princess Anne CONDITIONED, Road - DISTRICT 2 - KEMPSVILLE BY CONSENT 10 RICHMOND 20MHZ, L.L.C. d/b/a N APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y TELOS a CUP re tower at 345 North CONDITIONED, Great Neck Road - DISTRICT 6 - BEACH BY CONSENT 11 ATTOM DONUTS, INC. a COUP re drive- ALLOWED 10-0 Y Y Y Y Y Y Y Y Y Y A through at 501 Laskin Road - DISTRICT 6 WITHDRAWAL, B - BEACH BY CONSENT S T A I N E D 12 BURGER KING CORPORATION a APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y COP re drive-through at 524 Laskin Road - CONDITIONED DISTRICT 6 - BEACH FOR 15 YEARS 13 METROTEC ASSOC/ARVIND APPROVED AS 10-0 Y Y Y Y Y Y A Y Y Y Y GOWDA COZ from R-10 to Conditional PROFFERED, B A-12 on Shumey Lane: - DISTRICT 4 - BY CONSENT S BAYSIDE T A I N E D 14 PRINCESSBORO COMPANY, INC. APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y COZ from AG -1 to Conditional 0-2 B-2 PROFFERED, at Princess Anne and Sandbridge Roads - BY CONSENT DISTRICT 7 -PRINCESS ANNE 15 REQUEST TO WITHDRAW AN ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y APPLICATION of WELDENFIELD OF WITHDRAWAL, VIRGINIA, L.L.C. -CQZ, from I -1/R- BY CONSENT 5D/0-2 to Conditional R-7.5 at Regent University Drive/Jake ,Sears Road - DISTRICT 1 - CENTERVILLE CITY OF VIRGINIA BEACH APPOINTMENTS: SUMMARY OF COUNCIL ACTIONS Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y HEALTH SERVICES ADVISORY Suzanne S. Love V I BOARD Esther A. Martin DATE: 2/24/09 L D S L E D H E A W PAGE: 5 D S 1 E J S U N I Y Y A T E D N O S H U L W AGENDA V E Z Y L N 0 R E S O ITEM # SUBJECT MOTION VOTE I P E E E E M I V 0 O S H L R Y S S N A N D L APPOINTMENTS: Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y HEALTH SERVICES ADVISORY Suzanne S. Love BOARD Esther A. Martin 3 Yr. Terns 4/1/09 - 3/31/12 HUMAN RIGHTS COMMISSION Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Alicia C. B. F. Bobulinski William A. Dyson, Sr. Fay B. Silverman 3 Yr. Terms 4/1/09 - 3/31/12 PLANNING COUNCIL Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Glenn R. Davis 1 Yr. Term 4/1/09/3/31/10 M/N/O ADJOURNMENT 6:55pm Effective January 1, 2009.- Virginia 009: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 CITY COUNCIL DISCUSSION — BUDGET PROCESS JANUARY 20TH 12:00 — 5:00 Pm ECONOMIC DEVELOPMENT CONFERENCE ROOM CITY COUNCIL MID -YEAR RETREAT FEBRUARY 9TH AND 10TH 8:30 - 5:00 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM