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Home My WebLink AboutAPRIL 14,2009 AGENDA I I I' CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIl\1E" CITY COUNCIL MAYOR WIWAM D. SESSOMS .JR., At-Large VICE MAYOR WUlS R. JONES, Bayside - District 4 GLENN R. DA VIS, Rose Hall - District 3 WIWAM R. DeSTEPH, At-Large HARRY E. DlEZEI. Kempsville - District 2 ROBERT M. DYER.. Centerville - District I BARBARA M. HENLEY. Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VIllANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERAW BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 14 APRIL 2009 I. CITY COUNCIL LIAISON REPORTS - Conference Room - II. CITY COUNCn... COMMENTS III. CITY COUNCIL AGENDA REVIEW N. CITY COUNCIL WORKSHOP FY 2009-2010 and 2010-2011 Operating Budget FY 2009-2010 and 2010-2011 Capital Improvement Program 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 II CITY HALL BUILDING 2401 COURTHOUSE DRNE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 1:00 PM 4:30 PM I II VI FORMAL SESSION AGENDA . - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Howard Pastor, Brook Baptist 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 SESSION March 24, 2009 G. FORMAL SESSION AGENDA H. PRESENTATIONS 1. VIRGlNIA MUSICAL THEATER Barbara Lewis, Board Member 2. NATIONAL AGENCY RE-ACCREDIT A TION AWARD Cindy Curtis, Director - Parks and Recreation I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Beac:h Events Office Space at 302 22nd Street 2. LEASE OF CITY PROPERTY Famler's Market, spaces 30-33 3. SALE OF EXCESS CITY PROPERTY Restrictive Easement - 4337 Country Club Circle (DISTRICT 5 - BA YSIDE) I " I' II J. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AMEND ~2-321 of the City Code re increasing membership of the Social Services Advisory Board from five (5) to seven (7) 2. Ordinances re LEASE of City property: a. Chris and Cathie Sale t/a BACK BAY MINING COMPANY re spaces 30-33 at Farmer's Market b. INTEGRATED MANAGEMENT GROUP, LLC re office space for Beach Events at 302 22nd Street 3. Ordinance to ADOPT the 2009 Annual Housing Choice Voucher Agency Plan (formerly Section 8) and AUTHORIZE the City Manager to execute and submit the Plan to the U.S. Department of Housing and Urban Development (HUD) 4. Ordinances re the Southeastern Public Service Authority (SPSA) a. PROPOSED Financial Assistance Plan b. APPROPRIATE $11,200,000 to Public Works FY 2008-09 Budget re disposal costs 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER funds re FY 2008-09 Budgets: a. $425,000 grant from the Virginia Land Conservation Foundation to Parks and Recreation re one-half of the May 2007 purchase ofland adjacent to the Adam Thoroughgood House b. $750 donation from the Farm Bureau to Agriculture re controlled agricultural burn signs and stickers to identify legitimate "farm use" vehicles c. $194,424 to the General Registrar re Primary Elections on June 9,2009 d. $375,000 to Finance to meet STOP Program contractual obligations with the Division of Motor Vehicles (DMV) e. $17,500 grant from FEMA to Fire re reimbursement for 2009 Presidential Inauguration f. $183,963 within Human Resources and Communications and Information Technology (COMIT) re Payroll (InSITE) system g. $738,228 grant from Homeland Security re purchase of Electrocardiogram monitors and a driving simulator; TRANSFER $184,557 as matching funds within the Fire Department I ii 6. Ordinance to REIMBURSE legal fees incurred by an Animal Control Officer in defending a criminal charge resulting from the performance of her duties which case was dismissed L. PLANNING 1. Application of BRADLEY CAPPS for an Expansion ofa Nonconforming Use re a bedroom- bathroom one-story addition at 316 16th Street - DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application ofDA VID C. LANDIN for an Expansion of a Nonconforming Use re a porch and patio enclosure at 6202 Oceanfront Avenue - DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 3. Variance to ~4.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for MICHAEL MEGGE and L YNNETTE HUME re lot width at 2032 Hackberry Road - DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 4. Application of OLD BEACH FARMER'S MARKET for a Conditional Use Permit re an outdoor Farmer's Market at 620 19th Street - DISTRICT 6 - BEACH RECOMMENDA nON APPROVAL 5. Application of CASEY WELSH for a Conditional Use Permit re a firewood preparation at 3445 West Neck Road - DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDATION RECOMMENDATION DENIAL APPROVAL 6. Applications of BARRY D. and PAULA W. KNIGHT re Conditional Use Permits- DISTRICT 7 - PRINCESS ANNE a. Private Heliport at 1852 Mill Landing Road b. Private Helistop at 3501 Baum Road RECOMMENDATION APPROVAL 7. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District Classification. from R- 5D Residential District to Conditional B-1 Business District at 1945 Cent,erville Turnpike - DISTRICT 1 - CENTERVILLE APPLICANT REQUESTS DEFERRAL TO APRIL 28, 2009 8. Application of GATEWAY ENTERPRISES, LLC for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne - DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL 9. Ordinance to further EXTEND the date for satisfying conditions in the closing of a portion of Grimstead Road for JOSEPH W. FREEMAN, JR. (approved/conditioned by City Council October 23,2007 and time extension granted October 14, 2008) RECOMMENDATION . APPROVAL M. APPOINTMENTS AUDIT COMMITTEE ARTS AND HUMANITIES COMMISSION CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM (ASAP) MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROAD (HRT) TOWING ADVISORY BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS April 14 April 21 April 16 April 28 May 5 May 12 Workshop Workshop Public Hearing Workshop and Public Hearing Reconciliation Workshop Public Hearing for Adoption Council Conference Room Council Conference Room Green Run High School- 6 p.m. Council Chamber - 6 p.m. Council Conference Room Council Chamber - 6 p.m. ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 4/14/0951 www.vbgov.com I ' I. CITY COUNCIL LIAISON REPORTS - Conference Room - 1:00 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW N. CITY COUNCIL WORKSHOP FY 2009-2010 and 2010-2011 Operating Budget FY 2009-2010 and 2010-2011 Capital Improvement Program v;. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. 4 :30 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I " .psulutinu 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 exempt€:d 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. 4'\: VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Howard Pastor, Brook Baptist 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 SESSION March 24, 2009 G. FORMAL SESSION AGENDA H. PRESENTATIONS 1. VIRGINIA MUSICAL THEATER Barbara Lewis, Board Member 2 . NATIONAL AGENCY RE-ACCREDIT A nON AWARD Cindy Curtis, Director - Parks and Recreation I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Beach Events Office Space at 302 22nd Street 2. LEASE OF CITY PROPERTY Farmer's Market, spaces 30-33 3. SALE OF EXCESS CITY PROPERTY Restrictive Easement - 4337 Country Club Circle (DISTRICT 5 - BA YSIDE) - 33 - Item V-J.4. ORDINANCES/RESOLUTION ITEM # 58322 Emily Spruill, Director of Cultural Affairs, introduced Margaret Eure, President - Virginia Musical Theatre Board of Directors, Stephen Test, Board Member - Virginia Musical Theatre, Nancy Creech, Second Vice President - Virginia Musical Theatre Board of Directors and Barbara Lewis, Board Member - Virginia Musical Theatre and President - Town City Club. Virginia Musical Theatre Background . Founded in Virginia Beach in 1991, non-profit local arts organization . Produced more than 300 performances in the Pavilion Theatre . Virginia Musical Theatre (VMI) was the single largest user of the Pavilion Theatre . The need to provide them, and other local groups, a new home drove the development and construction of the Sandler Center . Experienced hardship due to the demolition of the Pavilion Theatre because earned revenue from ticket sales dramatically decreased due to the lower seating capacity of the Contemporary Art Center . Created a $75,000 roll-over deficit before they moved into the Sandler Center First Season at the Sandler Center . Strong attendance - average of 72% capacity . More than 19,000 attended 22 performances . By far most prolific tenant of the Sandler Center . 23 performances plannedfor 08-09 Season . Rents Miller Studio Theatre for two weeks for rehearsals before each production and the Performance Hallfor one week prior to each production . $306,111 already paid in admission taxes, rent and other revenue to City. . Integral to the success of the Sandler Center . Provides quality, low cost entertainment . Activity at the Center and Town Center . Rental income . Direct revenue back to the City Current Situation and Actions Taken . Over past few months VMT Board of Directors has taken action to address and change current financial situation . Board has increased their fundraising goal by 5% through additional sponsorships, annual solicitations and created three fundraising events. Red Carpet Gala in October raised $15,000 net revenue . Restructured Board to provide more direct oversight of spending and finances . Reduced budget for AIDA in October 2008 by $20,000 and has committed to reduce all upcoming production budgets by at least $20,000 to live within their means . Will reduce costs by using more local actors in their productions . Sandler Center staff have reviewed each line item with VMT and explored ways to reduce costs such as institute a new rental category to further reduce rental costs of rehearsal hall . Moved administrative offices yesterday to utilize free rent December 2, 2008 I I I I - 34- Item V-lA. ORDINANCES/RESOLUTION ITEM # 58322 (Continued) Patricia Phillips, Director of Finance, advised the proposal is for a $200,000 loan to the Virginia Musical Theatre to catch them up on loses incurred prior to moving to the Sandler. Loan . Needed to "catch up" on losses prior to Sandler Center · New Board has made efficiency improvements and committed to fund raising . Promissory Note - Business Terms: . Repayment over 10 years, supports future success . Interest if late . First priority lien on assets . Personal property collateral . Right to audit . Requires Board to fundraise and reduce costs . Repay Sandler Center immediately . VMT provide quarterly status reports Use of Loan Proceeds . Global Spectrum/Sandler Center: . Debbie Reynolds - Artist Fee, Lodging & Transportation: . Royaltiesfor past productions: . Advertising/Marketing: . Prior production expenses: $ 99,000 $ 50,000 $ 19,000 $ 26,500 $ 5,500 $200,000 Total: Board Members - Virginia Musical Theatre Steve Test, Margaret Eure and Barbara Lewis spoke in SUPPORT. The following registl?red in OPPOSITION: Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, advised he is taxpayer and member of the Tidewater Musical Theatre. The tax dollars are not a bank to issue to private ventures, when they are in an adverse cash flow situation. The entity should raise the funds or apply to a Bank. Robert K Dean, 1204 Shawn Drive, Phone: 427-6606, represented the Virginia Beach Taxpayer Alliance, The Virginia Symphony today announced being $1.5-MILLION in debt and cutting salaries by 20%, as well as canceling some Spring concerts. December 2, 2008 I: - 35 - Item V-J.4. ORDINANCES/RESOLUTION ITEM # 58322 (Continued) Upon motion by Councilman Diezel, seconded by Vice Mayor Jones, City Council ADOPTED: Ordinance to APPROPRIATE $200,000 to the Virginia Musical Theatre (VMT) re an interest free loan to support operational and production costs Voting: 9-2 Council Members Voting Aye: William R "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Obemdorf John E. Uhrin. Ron A. Villanueva Council Members Voting Nay: Rosemary Wilson and James L. Wood Council Members Absent: None December 2, 2008 I I I I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE VIRGINIA MUSICAL THEATRE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. $200,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Virginia Musical Theatre '0 support operational and productions costs, contingent upon execution of the attached promissory note; and 2. This loan is to be repaid by the Virginia Musical Theatre over ten (10) years, pursuant to the terms of the attached promissory note. Adopt1ed by the Council of the City of Virginia Beach, Virginia on the ?nd day of OOC91R91eE--' 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: ,/ Ma~i~~ j ~.~ L.---- City Attorn s Office CA 10906 R-2 November 1 ~~, 2008 . PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the proposed leasing of City-owned property on Tuesday, April 14, 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 purpcse of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 1.485 square feet of office space on the second floor of the building located at 302 nnd Street, Virginia Beach, Virginia if you are physlcallydlaabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ; Hearing Impaired, call TDD 711 (TOO Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The FacIlities Management Office telephone number is 385 5659. Ruth Hodges Fraser, MMC City Clerk Geacon April 5, 2009 20024910 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of Clty-owned property for the following parcel on Tuesday, April 14, 2009, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing wilt be to obtain public comment ~egarding the proposed lease agreement of City-ownedi, property located at the Virginia Beach Farmers Market, as~ defined below: 1) Spaces #30, 31, 32, & 33: Chris and Cathie Sale (Va Back Bay Mining Company) Any questions concerning this matter should be directed to Melvin Atkinson, Farmers Market Manager, by calling 385-8886. If you are phYSically disabled or visually Impaired and ':eed assistance at this meeting, please call the CITY CLERK'S OFFICE at 385 4303; Hearln. Impaired, call TDD only 385 4305 (TOO Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon April 5. 2009 20024855 I' PUBLIC HEARING . SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the proposed granting of a restrictive easement over city property acquired through the City's Open Space Acquisition Program (CIP 4-(04), Tuesday, April 14, 2009 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the. Municipal Center, Virginia Beach, Virginia. The easement will cover approximately 2.5 acres located 4337 Country Club Circle (GPIN: 1489-13-1417). The purpose of this Hearing will be to obtain public input to determine whether this restrictive easement should be conveyed as a requirement of the Virginia Land Conservation Foundation grant program. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 381-4303; Hearln. Impaired, call 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center (757) 3854161. Ruth Hodges Smith, MMC City Clerk 3eacon April 5, 2009 20006863 1. CONSENT AGENDA K. ORDINANCES 1, Ordinance to AMEND ~2-321 of the City Code re increasing membership of the Social Services Advisory Board from five (5) to seven (7) 2. Ordinances re LEASE of City property: a. Chris and Cathie Sale t/a BACK BAY MINING COMPANY re spaces 30-33 at Farmer's Market b. INTEGRATED MANAGEMENT GROUP, LLC re office space for Beach Events at 302 22nd Street 3. Ordinance to ADOPT the 2009 Annual Housing Choice Voucher Agency Plan (formerly Section 8) and AUTHORIZE the City Manager to execute and submit the Plan to the U.S. Department of Housing and Urban Development (HUD) 4. Ordinances re the Southeastern Public Service Authority (SPSA) a, PROPOSED Financial Assistance Plan b. APPROPRIATE $11,200,000 to Public Works FY 2008-09 Budget re disposal costs 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER funds re FY 2008-09 Budgets: a. $425,000 grant from the Virginia Land Conservation Foundation to Parks and Recreation re one~ half of the May 2007 purchase of land adjacent to the Adam Thorougbgood House b. $750 donation from the Farm Bureau to Agriculture re controlled agricultural burn signs and stickers to identify legitimate "farm use" vehicles c. $194,424 to the General Registrar re Primary Elections on June 9, 2009 d. $375,000 to Finance to meet STOP Program contractual obligations with the Division of Motor Vehicles (DMV) e. $17,500 grant from FEMA to Fire re reimbursement for 2009 Presidential Inauguration f. $183,963 within Human Resources and Communications and Information Technology (COMIT) re Payroll (InSITE) system g. $738,228 grant from Homeland Security re purchase of Electrocardiogram monitors and a driving simulator; TRANSFER $184,557 as matching funds within the Fire Department 6. Ordinance to REIMBURSE legal fees incurred by an Animal Control Officer in defending a criminal charge resulting from the performance of her duties which case was dismissed CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Amend City Code 92-321 Pertaining to the Social Services Advisory Board MEETING DATE: April 14, 2009 . Background: The Social Services Advisory Board ("SSAB") acts in an advisory capacity to the Director, Department of Human Services with respect to duties and functions in Title 63.2 that provides for Welfare (Social Services) matters. This amendment increases the composition of the SSAB from five (5) to seven (7) members. The SSAB requested this change during its March meeting. The goal is to receive more community participation and input. . Considerations: . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Department of Human serviceC,f;rt City Manager~k,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND CITY CODE 92-321 PEHTAINING TO THE SOCIAL SERVICES ADVISORY BOARD SECTION AMENDED: 92-321 BE IT OHDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA BEACH, VIRGINIA: That Section 92-321 of the City Code is hereby amended and reordained to read as follows: Sec. 2-321. Creation of social services advisory board; general function; powers and duties. (a) There is hereby created a social services advisory board for the city, which shall consist of ~~ seven (7) members appointed by the city council. The director of human services shall be an ex officio member, without any voting privileges. (b) The board shall act in an advisory capacity to the director of human services with respect to the duties and functions imposed by title 63.2 of the Code of Virginia. (c) The powers and duties of the board shall be as enumerated in section 63.2-305 of the Code of Virginia. COMMENT This amendment increases the composition of the Social Services Advisory Board ("SSAB") from five (5) to seven (7) members. The SSAB requested this change during its March meeting. The goal is to receive more community participation and input. Adopted by the Council of the City of Virginia Beach, Virginia, on the .,2009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~~s CA11077 R-1 March 24, 2009 Ci;;:~J- ITEM: An Ordinance Authorizing the City Manager to Execute a 1-Year Lease with Chris and Cathie Sale (tla Back Bay Mining Company) for Spaces #30, 31, 32 and 33 in the Virginia Beach Farmers Market. MEETING DATE: April 14, 2009 . Background: Chris and Cathie Sale (tla Back Bay Mining Company) ("Back Bay") would like to lease Spaces #30,31,32 and 33 in the Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). Back Bay would be a new tenant at the Virginia Beach Farmers Market. . Considerations: The term of the lease is one (1) year, and the lease has a sixty (60) day termination clause in the event the City needs the property prior to the termination of the lease for any public purpose. Back Bay will pay rent in the amount of $434 per month ($5,208 per year). The other lease terms are set forth in the attached Summary of Terms. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. . Recommendation: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting DepartmentlA~e_ncy: Department of Agriculture ;f~ City Manage . I JL. , 1:$glJV'1z. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 1-YEAR LEASE WITH CHRIS AND CATHIE SALE (T/A BACK BAY MINING COMPANY) FOR SPACES #30, 31, 32 AND 33 IN THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of Virginia Beach Farmers Market located at the comer of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Farmers Market"); WHEREAS, Chris and Cathie Sale (tla Back Bay Mining Company) ("Back Bay") would like to enter into a formal lease arrangement with the City for Spaces #30,31,32 and 33 in the Farmers Market (the "Premises"); WHEREAS, the Premises will be utilized as a retail establishment selling natural stones and gems, and providing educational and entertainment programs about gem mining, and for no other purpose; WHEREAS, Back Bay has agreed to pay the City $434 per month ($5,208 per year) for the use of the Premises for a one-year term; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA I3EACH, VIRGINIA: That the! City Manager is hereby authorized to execute a lease for a term of one (1) year betwel3n Chris and Cathie Sale (tla Back Bay Mining Company) and the City, for the PremiSE!S in accordance with the Summary of Terms attached hereto and made a part hereof, c:md such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009: day of APPROVED AS TO LEGAL SUFFICIENCY AND FORM C;Ali"~I~~ ~ APPROVED AS TO CONTENT ~4 'Department of griculture CA11004 v :lapplications\citylawprodlcycom32\ WpdocsID0251POO4\OOOO7364.DOC R-1 March 31 , 200~} I SUMMARY OF TERMS LEASE FOR SPACES #30,31,32 AND 33 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chris and Cathie Sale (t1a Back Bay Mining Company) PREMISES: Spaces #30, 31, 32 and 33 12 months: May 1, 2009 - April 30, 2010 $434 per month ($5,208 per year) TERM: RENT: RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the retail sale of natural gems and stones, and providing educational and entertainment programs about gem mining, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . Keep Premises open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday during the months of March, April, May, June, July and August. Keep Premises open from 10:00 a.m. to 4:00 p.m. Tuesday through Saturday, and from 12:00 p.m. to 4:00 p.m. on Sunday during the months of September, October, November and December. Lessee will always be closed on Mondays, and Lessee will not be open during the months of January and February. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 8 months, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V:lapplications\citylawptodlcycom32\ Wpdocs\D011 \P005\OOOO3215.DOC ~ ~. ~ V' V\ ~ ~ C'l GJ ~ \ ,::.a.... ... y:-, l I '" I l '1 { U \ '\ \ ,- ~ r . .J.. ' (., L ,..- , (-' , ". ~ ~~ ~I~ [j --" "J'~ " , I . ../ ..t'\A.- .., ft.. \I 0 "" A , ~ """Ill (~) ~ CITY OF VIRGINIA BEACH AGENDA ITEM \.. ~ ITEM: An Ordinance authorizing the City Manager to execute a lease for one year with Integrated Management Group LLC for approximately 1,485 square feet of City- owned property located at 302 22nd Street. MEETING DATE: April 14, 2009 . Background: Integrated Management Group LLC, a Virginia limited liability company ("Integrated Management"), operates Beach Events ("Beach Events"). Beach Events coordinates resort area activities and entertainment. Beach Events was formerly operated by LiveNation, and LiveNation had a lease with the City for 1,485 square feet of office space (the "Premises") on the second floor of the City's building located at 302 22nd Street (the "Building"). The City has owned the Building since 1972. Integrated Management has been operating Beach Events in the Premises under the terms of the prior LiveNation lease and would like to continue using the Premises for such purposes. Accordingly, Integrated Management would like to enter into a formal lease arrangement with the City solely for its operation of Beach Events in the Premises. . Considerations: This lease would be for a term of one (1) year, from April 1 , 2009 through March 31,2010, and would be renewable for up to four (4) additional one-year terms. The City has a thirty (30) day termination clause in the event the City needs the property prior to the termination of the lease. For . more specific terms, see attached Summary of Terms. . Public Information: Advertisement of Public Hearing in The Virginian-Pilot Advertisement of City Council Agenda . Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of subject premises. . Recommendations: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval J:i) /' Submitting Department/Agency: Management ~s J Facilities Management Office City Manager:~ K. ~~ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR WITH INTEGRATED MANAGEMENT GROUP 4 LLC FOR APPROXIMATELY 1,485 SQUARE FEET 5 OF CITY-OWNED PROPERTY LOCATED AT 302 6 22ND STREET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain building located at 302 22"d Street, Virginia Beach, Virginia (the 10 "Building"); 11 12 WHEREAS, Integrated Management Group LLC, a Virginia limited liability 13 company ("Integrated Management"), currently occupies 1,485 square feet of 14 office space (the "Premises") on the second floor of the Building for the operation 15 of Beach Events; 16 17 WHEREAS, Integrated Management succeeded LiveNation as the 18 operator of Beach Events; 19 20 WHEREAS, LiveNation previously had a lease with the City for the 21 Premises for the operation of Beach Events; 22 23 WHEREAS, Integrated Management has agreed to pay the City $1.00 per 24 year to operate Beach Events in the Premises and would like to enter into a 25 formal lease arrangement with the City for use of the Premises; 26 27 WHEREAS, the lease would be for a one-year period and would be 28 renewable for up to four (4) additional one-year terms; and 29 30 WHEREAS, the Premises will be utilized as an office for the operation of 31 Beach Events by Integrated Management and for no other purpose; 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a lease for the term 37 of one (1) year, with four (4) one-year renewal terms, between Integrated 38 Management Group LLC, a Virginia limited liability company, and the City, for the 39 use of approximately 1,485 square feet of space located on the second floor of 40 the building located at 302 22no Street in accordance with the Summary of Terms 41 attached hereto and made a part hereof, and such other terms, conditions or 42 modifications as may be acceptable to the City Manager and in a form deemed 43 satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 46 day of ,2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~~ City AttomE!Y ~~ CA \\00\ SUMMARY OF TERMS Lease with Integrated Management Group LLC (operating as "Beach Events") for 1,485 square feet of office space located at 302 22"d Street, Virginia Beach, VA 23451 LESSOR: City of Virginia Beach LESSEE: PREMISES: Integrated Management Group LLC 1 ,485 s~uare feet of office space located on the second floor of 30222" Street, Virginia Beach, Virginia (GPIN 2427-18-0657) TERM: 12 months: April 1 , 2009 through March 31, 2010. Lessee may renew for up to four (4) one-year periods. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use Premises solely for the operation of Beach Events. . Pay for all water, sewage, HV AC and electricity provided to the Premises. . Maintain the Premises (excluding mechanical systems and items of a structural nature). . Procure and maintain public liability insurance with limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain structural portions of, and all mechanical systems serving, the Premises. . Reserves right to enter upon the Premises without notice to Lessee in emergency situations, or upon reasonable prior notice to Lessee in non- emergency situations. TERMINATION: Lessor and Lessee may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. V:\applications\citylawprodlcycom32\ Wpdocs\D031 \P003\OOOO7880,DQC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2009 Annual Housing Choice Voucher Agency Plan and to Authorize the City Manager to Execute and Submit the Plan to the U.S. Department of Housing and Urban Development MEETING DATE: April 14, 2009 . Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit (1) a five-year plan; and (2) an annual plan for each fiscal year in which DHNP receives federal funding for its HCV program. DHNP submitted a five-year plan to HUD in 2005. . Considerations: The purpose of the annual plan is to update HUD on DHNP's progress in achieving the goals in the five-year plan. As required by HUD, DHNP prepared a 2009 Annual Plan ("Annual Plan"). The Annual Plan describes the operation of the HCV program, and details the strategies employed in satisfying affordable rental housing needs in the City. The Annual Plan consists of a mission statement, long term goals, and a series of strategies to accomplish those goals. In addition to goals and strategies, the Annual Plan contains a description of the various policies used to operate the HCV program. The DHNP is also required by HUD to include a certification in the Annual Plan demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. Most of the information contained in the Annual Plan was previously reviewed and adopted by City Council on February 24, 2009, when City Council approved an ordinance authorizing the City Manager to submit an Administrative Plan for the HCV program. The Annual Plan incorporates the previously adopted Administrative Plan, and provides additional plan elements and certifications that are required by HUD annually. The approved Annual Plan must be electronically submitted to HUD no later than April 17, 2009. . Attachments: Ordinance, Executive Summary Recommended Action: Adopt Ordinance J Submitting Department/Agency: Departmen f Preservation \ I ~ City Manage~ ~ '\J~'~l, ing & Neighborhood 1 AN ORDINANCE TO ADOPT THE 2009 ANNUAL 2 HOUSING CHOICE VOUCHER AGENCY PLAN AND TO 3 AUTHORIZE THE CITY MANAGER TO EXECUTE AND 4 SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF 5 HOUSING AND URBAN DEVELOPMENT 6 7 WHEREAS, the City's Department of Housing and Neighborhood Preservation 8 ("DHNP") opE~rates the federally-funded Housing Choice Voucher program ("HCV 9 program"), formerly known as the Section 8 Program; and 10 11 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 12 requires agencies that operate HCV programs to submit (1) a five-year plan; and (2) an 13 annual plan for each fiscal year in which DHNP receives federal funding for its HCV 14 program; and 15 16 WHEREAS, a five-year plan is submitted by DHNP to HUD every five years; and 17 18 WHEREAS, the purpose of the five-year plan is to inform HUD of DHNP's 19 mission, and DHNP's long range goals and objectives for achieving its mission over the 20 subsequent five years; and 21 22 WHEREAS, the purpose of the annual plan is to update HUD on the DHNP's 23 progress in achieving the goals stated in the five-year plan; and 24 25 WHEREAS, DHNP submitted a five-year plan to HUD in 2005; and 26 27 WHEREAS, as required by HUD, DHNP has prepared a 2009 Annual Plan 28 ("Annual Plan"); and 29 30 WHERf:AS, the Annual Plan describes the operation of the HCV program, and 31 details the strsltegies employed in satisfying affordable rental housing needs in the City; 32 and 33 34 WHEREAS, the DHNP is also required by HUD to include a certification in the 35 Annual Plan demonstrating DHNP's compliance with applicable laws, and HUD rules 36 and regulations, in order to continue to operate the HCV program; and 37 38 WHEREAS, an executive summary of the Annual Plan is attached hereto, and a 39 copy of the full Annual Plan is on file with the City Clerk. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEAICH, VIRGINIA: 43 44 DHNP's Annual Plan for the Housing Choice Voucher Program is hereby ratified 45 and adopted, and the City Manager is hereby authorized and directed to execute and 46 submit the Annual Plan to the U.S. Department of Housing and Urban Development. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 49 day of I 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ri ~ r L City Attorne? \. CA11079 R-2 April 2, 2009 Executive Summary Housilng Choice Voucher Program - 2009 Annual Agency Plan Department of Housing and Neighborhood Preservation The U.S. Department of Housing and Urban Development ("HUD") requires organizations that operate the Housing Choice Voucher program to submit a Five-Year Plan ("Plan"), and an Annual Plan that updates progress on achieving the stated goals in the Five-Year plan. The Plan consists of a mission statement, long term goals and a series of strategies to accomplish those goals. On a yearly basis, an agency is allowed to adjust the goals and/or strategies. For example, DHNP modified the Plan last year to allow for the temporary transfer of families from the Housing Choice Voucher program to a newly created Tenant Based Rentall Assistance program. In addition to goals and strategies, the Plan must contain a description of: Eligibility, selection and admissions policies, including deconcentration and wait list procedures Financ~ial resources Rent determination procedures Operations and management Grievlmce procedures Self-sufficiency programs (FSS) Civil lights certifications Fiscal year audit Housing needs for the area Strategy for meeting housing needs Progrc:::ss in meeting mission and goals Any significant amendment and substantial deviations or modifications Any plan elements that have been revised since the last Annual Plan certification A listing of the locations where key elements of the Plan can be found Many of the above elements have already been reviewed and adopted by City Council when Council approved an ordinance authorizing the City Manager to submit an Administrative Plan for this program on February 24, 2009. The Annual Plan incorporates the Administrative Plan, and provides the additional plan elements and I~ertifications required annually by HUD. The Annual Plan was made available for public review by advertisement on February 21, 2009. A publ.ic hearing on the Annual Plan will be held on April 7, 2009. In addition, the Resident Advisory Board of the program, consisting of program participants, reviewed the Annual Plan at a meeting on March 24, 2009. All comments received as a result of these proceedings will be incorporated into the final submittal to HUD. The approved Annual Plan must be electronically submitted to HUD no later than April 17,2009, which is the required seventy five (75) days before the beginning of the City's fiscal year on July 1,2010. 2 II ~~ :$ -;1 ~, [5- '~~ \:.\-~-- ',' j} t.....~'., ".il..J '1:\.....,.;;;r...,..'~.,:oy -..........-~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Approve the Proposed Financial Assistance Plan for the Southeastern Public Service Authority (SPSA) (2) An Ordinance to Appropriate Funds to the FY 2008-09 Public Works Operating Budget MEETING DATE: April 14, 2009 . Background: The Southeastern Public Service Authority (SPSA) has developed budgetary challenges as a result of several issues, including the loss of commercial waste revenues. As a result, the Chief Administrative Officers of the member communities have worked over the last few months to develop a financial assistance plan to ensure the financial soundness of SPSA ("Financial Assistance Plan"). This multi-faceted strategy involves raising the municipal tipping fee from the current $104/ton to $1701ton, the refinancing of some of SPSA's outstanding debt with a guarantee from five of the communities, a guarantee of a line of credit by two communities, and a deferral of reimbursement amounts by the City of Virginia Beach. A copy of the Financial Assistance Plan is attached, and the chart below shows the ways in which the member communities will participate: LOCALITY COMMITMENT ON BLENDED STRATEGY Chesapeake Franklin Isle of Wight Norfolk Portsmouth Southampton Suffolk Virginia Beach Notes 1 As host city to the landfill, no tipping fee is imposed. 2 Virginia Beach will pay the increased tipping fee and defer the rebate it would normally receive under the Ash & Process Residue Agreement. Locality IDgher Deferral of Tipping fee payments GO Pledge- Guarantee VRA L.O.C Refinancing x X X X X X I x X X x X X X X2 X2 Disposal costs of solid waste collected by the City and delivered to SPSA for processing are paid by the City through the Department of Public Works' operating budget. The City pays the same per ton tipping fee as other SPSA member localities, but then is , , , entitled to receiv.~ a refund equal to the difference between the blended average tipping fee paid and a "cap amount" set forth in the Ash and Process Residue Agreement. The FY 2008-09 bud~,et for waste disposal fees contemplates SPSA's timely reimbursement of the amounts dlue under this agreement. However, SPSA has been unable to make these payments due to its current financial difficulties. As part of the Financial Assistance Plan, the City would agree to continue deferring receipt of these payments for a time subject: to SPSA's agreement to pay them in the future. Assuming that SPSA raises its tipping 'fee from $104 per ton to $170, as contemplated, continuing deferral of these payments through the end of FY 2008-2009 will require an additional appropriation of $i11,200,ooO to the FY 2008-09 Public Works Operating Budget. · Considerlltions: The amount requested is funded through revenue expected to be received from SPSA after June 30, 2009. Therefore, the undesignated fund balance in the General Fund will be reduced until such time that the revenue is realized. This will result in the General Fund fund balance dropping below the 10% Council target, but still within the 8 tC112% policy range. SPSA is currently indebted to the Virginia Resources Authority ("VRA") in the amount of approximately $1:29 million in bonds. VRA is willing to restructure a portion ofthe bonds in accordance wi1th the Financial Assistance Plan, provided that the member localities approve the Financial Assistance Plan by April 14, 2009. Finally, a Forbeslrance Agreement is being developed setting forth the tenns and conditions under which the City would agree to delay reimbursement payments. The Agreement will be! placed on City Council's agenda for consideration at its May 12, 2009 meeting. The approval of the Financial Assistance Plan would be contingent upon acceptance of the Forbearance Agreement. . Public Infc)rmation: Public infonnation will be provided through the nonnal City Council agenda process. . Attachmer1lts: Ordinances, Financial Assistance Plan Recommended ALction: Approval of both ordinances Submitting Deparbnenls Finance and Management Services~ City Manage~~ k .~bJ.l"\, II 1 AN ORDINANCE TO APPROVE THE PROPOSED 2 FINANCIAL ASSISTANCE PLAN FOR THE SOUTHEASTERN 3 PUBLIC SERVICE AUTHORITY (SPSA) 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 (1) That the City Council hereby approves the proposed Financial Assistance 7 Plan for the Southeastern Public Service Authority, a copy of which is attached to this 8 ordinance. 9 10 (2) The approval of the Financial Assistance Plan is contingent upon (1) the 11 agreement of the other SPSA member localities to fulfill their respective obligations as 12 detailed in the Financial Assistance Plan; and (2) the successful negotiation and execution 13 by SPSA and the City of Virginia Beach of a forbearance agreement by May 15, 2009, as 14 referenced in the Financial Assistance Plan. of Adopted by the Council of the City of Virginia Beach, Virginia on the 2009. day Approved as to Content: Approved as to Legal Sufficiency: Qt:M~d O~ Finance -- R~ City Attorney's Offir CA11095 R-2 April 7, 2009 , , I 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2 2008-09 PUBLIC WORKS OPERATING BUDGET 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That $11 ,200,000 is hereby appropriated to the FY 2008-09 Public Works Operating 6 Budget to provide additional funding for SPSA disposal costs, with a corresponding 7 increase in Ge.neral Fund balance reserve for loans to SPSA. of Adopted by the Council of the City of Virginia Beach, Virginia on the 2009. day Requires an affirmative vote by a majority of all members of the qity Council. Approved as to Content: Approved as to Legal Sufficiency: 9~Q- ;::e~ ~ City Attorney's Office CA11093 R-2 April 6, 2009 I II FINANCIAL ASSISTANCE PLAN FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) As Proposed by the Eight-Member Localities' Chief Administrative Officers (CAOs) March 16, 2009 , , , Draft. Confidential City Manager Working Paper - March 16, 2009 PROPOSED REGIONAL PLAN FOR SPSA's FINANCIAL CHALLENGES The goal of this plan is to address the short and long term financial needs of SPSA, in a fiscally sound manner, through an approach that permits flexibility in how each of the eight communities participates. This plan recognizes and blends each community's individual policy positions with regard to SPSA and unique financial conditions, recognizing that there is not a "one size fits all" contribution that each community can make. LOCALITY COMMITMENT ON BLENDED STRATEGY it. Chesapeake Franklin Isle of Wight Norfolk PortsmoUlth Southampton Suffolk Virginia 8each Notes 1 As host city to the landfill, no tipping fee is imposed. 2 Virginia lBeach will pay the increased tipping fee and defer the rebate it would normally receive under the Ash & Process Landfill Agreement. x X X X X X 1 X X X X X X X X2 X2 PROPOSAL COMPONENTS 1. Reasonable Tip Fee Increase In combination with other measures, a moderate increase in the tip fee is fiscally responsible. Hecognizing the difficult economic situation facing the region, each member's partiGipatior.l has a common goal - to "buy down" the tip fee to a more moderate and sustainable level in both FY2009 and into FY2010 versus the proposed $245/ton. This tip fee increase is indicative of the member cities ability to make tough business decisions and commitment to meeting SPSA's obligation to its creditors and safeguarding the Commonwealth of Virginia's bond rating. It will also protect the member jurisdiGtions who will agree to provide General Obligation guaranties for SPSA's debt restructuring. A fiscally responsible SPSA can protect those guaranties from being called upon. A condition of the plan is that tipping fee would be at level to sustain operations and debt service through June 2010 as condition of this proposed financial strategy and that the tipping fee lovel would be re-evaluated when refinancing is in place and with sale of WTE to determine if could be lower. Based on information currently available and this four part plan described herein, a $170/ton the tip fee is proposed for the remainder of FY 2009 and FY2010, with current contractual arrangements unchanged. The $170/ton tip fee would be retroactive to February 1, 2009. Lastly, each community would pay amounts in advance, as -2- II i I Draft. Confidential City Manager Working Paper - March 16, 2009 necessary, to ensure positive cash flow at SPSA through the end of FY2009. This proposed plan complies with existing agreements; therefore, it does not adjust the tipping fee arrangements for Suffolk and Virginia Beach. 2. VRA Restructuring In combination with other measures, a restructuring of debt through VRA is proposed. Five localities have indicated a willingness to guaranty a VRA restructuring estimated at $72 million. These five localities possess strong credit ratings which exceed SPSA's current credit rating. A share of the restructured debt would be allocated to each of the five cities. The share of debt allocable to each of the 5 is left to be determined amongst the five, as they deem acceptable; however, an approach discussed by the CAOs has been a 50-50 weighting of tonnage and population. The attachment with this proposal illustrates an allocation based on this 50-50 weighting to tonnage and population. Once the restructuring is complete and debt service payment savings are "in the bank," a condition of the guaranties is to re-evaluate the tip fee level to provide further relief as made possible by actual savings realized by the restructuring. The CAOs believe that there are a number of goals and objectives that must be considered in connection with the debt restructuring: a. The ultimate size of any restructuring should be minimized and not exceed approximately $72 million. b. Debt service savings in FY 2009 and FY 2010 should approximate $15.2 million. c. The specific maturities restructured should be optimized to produce acceptable savings at the least cost to SPSA. d. The guaranties are to be restructured debt and the remaining VRA previously issued debt will remain secure with the Use and Support agreements. The specific bonds that would be a part of any restructuring through VRA will need to be thoroughly analyzed by the member jurisdictions, VRA and its advisors. An optimal restructuring will take into account, among other factors, tax regulations restrictions, the current credit market, and current interest rate environment. With the advice of our financial advisors, the CADs have identified bonds that after preliminary review will produce necessary savings. See Attachment 5 for a list of bonds and maturities that could constitute a restructuring bond issue based on our preliminary analysis. 3. Credit Support for Working Capital Lines In combination with other measures, it is important to keep SPSA's lines of credit in place for working capital needs through FY2010. An essential component of the Use and Support Agreements is that SPSA must provide service and then the localities are obligated to pay in accordance with the agreements. SPSA must remain operational day to day and working capital is needed for this to be so. Until such time as the cash flow improves or SPSA becomes independently more credit worthy, the cities of Norfolk and Chesapeake will use their moral obligation or other acceptable form of guarantees to ensure that these lines of credit (totaling $17.2 million) will remain in place for SPSA's benefit. -3- Draft - Confidential City Manager Working Paper - March 16, 2009 4. Cash FloW' Relief In combination with other measures, creating near term cash flow relief is important to addressing SIPSA's financial challenges. To aid in this regard, Virginia Beach will defer payments it neceives from SPSA (including any retroactive adjustments) under its Ash Disposal Agneement to create cash flow relief. Amounts payable to Virginia Beach during FY2009 is estimated to total $11.2 million by year's end. Additionally, Virginia Beach will defer amounts estimated to total $16 million in FY2010. Payment to Virginia Beach of these deferrals will be phased. 5. Other AcUon Steps The CAOs have contracted for an independent valuation of all of SPSA's major assets. This valuation will assist in determining the fair market value of these major assets as SPSA moves forward with the evaluation of proposals received from potential purchasers of the Waste-to-Energy ("WTE") facility located in Portsmouth. The SPSA Board of DirE~ctors and the CADs recognize that there are a variety of approvals, consents, and permits required to allow for the sale of such a significant asset. Furthermore, the fact that municipal bonds were utilized to finance the construction and ongoing maintenance at the WTE facility requires a thorough legal and financial review of the debt instruments that remain outstanding for this major asset. The legal and financial review is a critical step that must be undertaken prior to (1) a restructuring of select existin~1 obligation or (2) the sale of the WTE facility; as the covenants contained in the various financing documents will have an impact on whether the existing bonds related to the WTE facility, or any other asset, are the best candidates for a restructuring including how the proceeds from the sale of assets will be applied to the tax-exempt, taxable and the alternative minimum tax bonds outstanding. Conclusion The attachmE!nts to this document estimate the value of each community's form of participation in this partnership for a regional solution. The value of each contribution cannot be valued in dollars alone, as the nature of each dollar - whether through an upfront expenditure or a contingent guaranty - is not the same. The contributions by each locality does show all eight are committed to the viability of SPSA. In developing this proposal members have agreed time is of the essence and will move in a deliberate and timely fashion to transition the SPSA operating model from its current form to one that is a contract for service operation which will entail both the evaluation and divestiture of SPSA assets, starting with the sale of the WTE Plant. - 4- I' II Draft - Confidential City Manager Working Paper - March 16, 2009 Attadlment 1 Tip Fee Increase from $104/ton to $170jtoll Incremental Revenue Generated by $66/toll FY2010 Revenue Total Revenue 09 & 10 Tonnage Revenue Per Feb - June 09 IFY09 Population Month Revenue Revised} Chesapeake 11 1.238 219.154 $1311,8010 53.059,041:. Fr.lnklin 4.gS7 a,gOe 27,421) 137,143 Isle of Wight 19,131:.1 35,025 108,081 540.402 Norfolk SO,532 235.747 442,Q26 2.214,Cl3D Portsmouth 411.351 '101.957 25""',931 1,274.053 Southampton 9.210 17,654 50,655 253.275 Suffolk 65,Om: 81.322 0 Q Va Beach 138.027 434.743 !l 2 Total 474.9ge UJ-L,52,8 51.495,a:m $7,479, 148 $7,34,.708 3:20.142 1.2'ol6.lff!o!1 5.316.112 3.059,166 fKl7.86(J {) o $17.Q49,954 $10,400.753 460,285 l,837.311il 7.52;.742 4,333.Blil 861.135 o o $25,429,102 - 5- Draft - Confidential City Manager Working Paper - March 16, 2009 Attaclunent 2 Guaranties \IRA Sha...e S hare of Lines Total Guaranties ChesaPt~ake .$8.600.GllD sa,eOD,OOO Franklin 2.541.5Q2 0 2.541.592 ISle of Wight ~D,006.403 D 10,Oae,403 Norlo-lk 8.600.000 ,EU300,OOO P ort-smouth 26,439,157 D 26,43g,157 Southampton 4.870.874 0 4,;1370,874 S uffo.lk 28.a26.Q74 D 28,026, t17 4 Va 8eacb - Q. Q - Total $71,B8!:.,[]OO S17,200,[}DD $e9.08.5,OOO -6- II Draft - Confidential City Manager Working Paper - March 16, 2009 Attachment 3 Deferrals Total Loans & Deferra Is Deferral FY2009 Deferral FY2010 Chesapeake Franklin Isle ofWi~ht Norfolk Portsmouth Southampton Suffolk Va Beach c o C Q C o C D o o o o o n o o o o o o o 127 285 7QQ $27 .285. 79~;;l Total S 11 2fiB 1M $ 11.2E.8. 11:4 5160276Q!'i S16.D27,695 -7- Draft - Confidential City Manager Working Paper - March 16, 2009 Attachment 4 FY2010 Estimate Assumptions: 1. $170/OOn tip fee 2. FY201l0 Budget Need to be filled by Municipal Tip Fee = $76.9 (see below) 3. $18 million of pay-as-you-go funded capital expenditures 4. $13.2 maturity of line extended from Sept 2009 to Sept 2010 based on Norfolk & Chesapeake credit enhancement. 5. $4 mln line is paid down & then capacity continues to be available, revolving to Sept ~m10 based on Norfolk & Chesapeake credit enhancement. Operating Expenses Working Capital CapEx IDebt Service (inel $4 mln line) Subtotal ILess Commerdal Revenue Less other Revenue Base Budget Need Amount ($millions) $56.3 0.0 18.0 43.7 $118.0 (15.2) (26.0) $76.9 Tip Fee Shortfall Va Net Refinancing After Beach Amount Savings Refinancing Amount Rebate ($miUions) (Est. ) ($millions) (Est.) CUlTent ($41.1) $6.9 ($34.2) $15.2 ($19.0) ($104/ton) $170/tol1 (23.1) 16.0 ($7.1) 15.2 8.1 Maximum (2.7) 26.3 23.5 15.2 38.7 ($245/ton) -8- II Draft - Confidential City Manager Working Paper - March 16, 2009 Attachment 5: Preliminary List of Restructured Bonds S:JMM.U.Y 01 Bo:t.;)S.~D SPSA. R.u:r~ Oplillll. ] Mwritr 1IuIINrt Par CiII Cd Bead. Dm ulD J\u:Dual DIbI ~D VR.,\.21Xll SIai.<< AM'rBaa.dl. OlSLWT: SIUU..s ]H~]] HCC"-i 1.330,O~~,!):' VLol2.m Sllba:dlaa1. AMI' 3o=ds. ~3S'lJB.urr: SEIl.o\I..s ]):E~m JJ7,t.. 180,000.00 VU 2OOl-B Subard:m AMI':sa:.k 043SBA),rr: SllU.o\I.S ll'l'~/l]] J .~'~i 485,0"0.00 VU~X*B SIIIIilIx .oU,CJ'Baad.s,IHBSJlAM7: SllU.oU..S ]] <J!211HI ~CCC~'i U35,O~H:1 ]]:]!Y.l]] !.COO~'i I,CI',/JOO,oo 2.1:!O,ODO:X' \'Lo\. 200M SulxudiuJm AM:' BIIIIIh. 06.\SJLW1': SEIl.o\LS ]] -1!2ll]] !CCOC:. l1S,ooO.)) 11.'J '20U M~'i 9S5,OO/),OO lJ:l'Y.JB !OOO'\.. 860,000,00 2, '60,0)0.00 \'U2C(l6A SubcudiIum SEW TlIUbla.. Cl6..o\.SB,],~"-~ SllU.4LS ]] '1')0]] l~~'. m,OllO,OO VUX06A. Smlior .Un'!IcE.ik, COASR..Un': SElU.o\LS ]H'~m HCC~ L,66',OO-O:XI J JI]/2(/]2 1~'. 'UlS,ooo.OO ]):112013 ~~i 4.L40,ll-:)l),OO 9,&20,000,00 \'Lol X06A. Saiar SuiK 11l1l1ba Baad.s. OUSll'!:AX: SEIIl.4LS ]],]..):)]] l.n~,. 410,000.00 SPSA Sln.tl m3 B;am, i993SPSA: SEIIl.4.L 7ol'Y.ll)9 u,~.. t:l.110,OOO.OO I..J~,'~ 100.000 7'1~W !2'~ 12.7IO,0)0..XI ~'U:2009 JOO.('OO 24,910.0:10,0) Wat'l:mJa SlIIIial2\."I)jAA B Bcods, ~OD7WAC: 2007A 7.'],'2009 4000".. 1,'160,000.00 ,,' n'2tlll9 JOO.roJ 1:1'2<OJO 4OCC">io 2.9",000.00 ,"']:\11009 lOD.OC(l 71].120]] 4..oo~'i U35.000'w ':lS.'~ 1110.000 7;Jl20J2 4.00c--i 1,400,ooll,oo !iJ:S..~ lll:l.l:OO 7,']120]3 4.cc(l~ 2.eOO,OO3.00 !;']S,2Dll9 lDO:X(l 2CG7B 1'J!~ 5 2'~'. l.m,O"..)) !iHI2'm m:m L4.E15,000.00 \\'Ii.:.lllrill SlI:ias2OOiA.Baads. 2OlISU'AC: 20G6A 16'9t~0l] J9S~i [2,100,00',00 !!JS.2Dl)9 JI/I/.COO ~.1l].lI'JD,OO -9- 'I ~"" ~..' ".Pftb kf1t~' ,.... .a,l, (E. ' 'c l'r" (u. \ I>) \'\'!!!"'. . ',> 0;.,,-.:..'" :-.; ,'lo Z'I:, '~~~~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Grant Agreement with the Commonwealth for a 2.5 Acre Site Adjacent to the Adam Thoroughgood House, and to Accept and Appropriate Grant Funds to CIP # 4-070 MEETING DATE: April 14, 2009 . Background: On January 7, 2009, the Virginia Land Conservation Foundation awarded grants for conservation and historic preservation. Parks and Recreation applied for and received a two-year grant, totaling $425,000 to reimburse one-half of the May 2007 purchase of 2.5 acre site adjacent to the Adam Thoroughgood House. The acquisition effectively expanded the adjacent land area by over 50% from 4.25 acres to 6.75 acres, further preserving the context of the Adam Thoroughgood House, a National Historic Landmark. The site also has the potential for archeological resources and will provide public canoe/kayak water access to the Lynnhaven River. . Considerations: The grant is to be dispersed over a two-year period, with $91,305 awarded in FY 2008-09 and $333,695 available in FY 2009-10, and will partially reimburse the City's Open Space Acquisition Program for the initial purchase. The grant agreement requires the City to provide an open space easement to the Commonwealth. This deed of easement will not change the purpose for which this property was acquired. However, the deed of easement is a disposition of property. Therefore, a public hearing is required, and adoption requires a % supermajority vote by the Council. Last, while the total amount of the grant has not changed, the yearly distribution of grant funds was altered. In the Council reconciliation budget, staff will reflect the updated amount for the FY 2009-10 CIP Budget. . Public Information: Governor Kaine announced the award of the grant to Virginia Beach during a January 16, 2009 press release. In addition, an advertisement of a public hearing appeared in the April 5 edition of the "Beacon," and other public information will be coordinated through the traditional Council agenda process. . Recommendations: Approve the ordinance, . Attachments: Ordinance; Virginia Land Conservation Foundation Grant Program Project Agreement; Map of Adam Thoroughgood House and Adjacent Subject Site. Recommended Action: Approval of attached ordinance ~. Submitting DepartmentlA~e,"cy: Parks and Recreation . City Manager~ ~ . ~O\4t , , , 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A GRANT AGREEMENT 3 WITH THE COMMONWEALTH FOR A 2.5 ACRE SITE 4 ADJACENT TO THE ADAM THOROUGHGOOD 5 HOUSE, AND TO ACCEPT AND APPROPRIATE 6 GRANT FUNDS TO CIP # 4-070 7 8 9 BE IT OIRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 (1) The City Manager, or his designee, is hereby authorized to execute a grant 13 agreement and deed of easement with the Commonwealth of Virginia for a 2.5 acre site 14 adjacent to the Adam Thoroughgood House; and 15 16 (2) That $91,305 in State revenue is hereby accepted, with State revenues 17 increased accordingly, and appropriated to CIP # 4-070, Open Space Site Acquisition - 18 Phase II. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , :2009. Requires e three-fourths supermajority vote by all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~A--~ Ity A mey's ~ CA11070 R-3 March 25, 2009 Sponsoring Agency: Project Number: Project Title: Project Period: Project Scope: Total Project Cost: Grant Amount: II THE VIRGINIA LAND CONSERVATION FOUNDATION GRANT PROGRAM PROJECT A GREEMENT (ACQUISITION) City of Virginia Beach VLCF - 06 (09) Adam Thoroughgood House National Historic Landmark addition Two Years from Execution of Grant Agreement Acquisition of2.5 +/- acres located in the City of Virginia Beach $ 850,000.00 $ 425,000.00 VLCF funds The Virginia Land Conservation Foundation (VLCF) and the Sponsoring Agency named herein mutually agree to perfonn this agreement in accordance with the Virginia Land Conservation Foundation Act, V irginia Code 9 I 0.1-1 0 17 through 9 I 0.1-1 026, the provisions and conditions of the VLCF Grant Manual dated November 29,2007, with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps and assurances attached hereto or obtained by the state and listed below. The sponsoring agency hereby agrees to provide the following documents as requirements for grant disbursement: I. A survey plat, preferably in digital form, showing the metes and bounds of property. 2. A Phase 1 Environmental Site Assessment satisfactory to VLCF, showing no major or significant environmental problems on the site. 3. Evidence of title - title report showing clear ownership and title to property. 4. An appraisal of the property by a certified appraiser that meets USPAP standards and that was done within six months of the property acquisition. 5. A copy of the draft deed, the form of which has been approved by VLCF. This may be either a deed of sale or a deed of easement. · The property must be dedicated in perpetuity as open-space land under the Open-Space Land Act (Virginia Code 99 10.1-1700 to 10.1-1705), specifying one or more of the purposes described in the Virginia Land Conservation Fund Act, 9 10.1-1020 of the Code of Virginia. 6. Verification of eligible expenditures including: copies of invoices, bills of sale, cancelled checks (both sides), etc. These documents must be in hand and approved before grant payments will be made. . The following special project terms and conditions are agreed to by the parties hereto: The property must be acquired by deed, the form of which has been approved by VLCF prior to recordation. A copy of the recorded deed showing the locality, deed book, and page of recordation must be provided to VLCF no later than one month after the date of recording. VLCF grant funds for fee simple acquisition projects shall not exceed 50 percent of appraised value, not to exceed the total grant amount of $425,000.00. If the value of another piece of property is used as any part of the match for the grant, that piece of property must meet the same requirements as identified in I through 6 above. . . . , , , If the property is ever sold, VLCF will be reimbursed. The reimbursement will be equal to the original amount or the grant award's percentage of the original purchase price, whichever is greater. The Executivl~ Secretary of VLCF reserves the right to seek independent appraisal reviews on all appraisals prior to grant payment. The Sponsoring Agency agrees to hold the Commonwealth of Virginia harmless from all legal liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 United States Code SS 9601 et seq, The property will be made accessible to Commonwealth of Virginia stafffor site inspection for compliance with the terms of the Virginia Land Conservation Fund Program. Progress reports will be submitted two times a year on status of grant implementation, with the first report due sbe months after execution of the grant agreement. Applicant agr(~es to post at least one informational sign in a prominently visible position at the project site, to provide notice that preservation of the property was made possible, in part, by VLCF; this sign will be provided by VLCF. . The parties understand that VLCF funding may be subject to rescission by the General Assembly. In such a case, VLCF reserves the authority to cancel this agreement. Grant-award winners should contact OCR several months ahead of the desired closing date to ensure that the Department will have sufficient revenue available for reimbursement costs. Reimbursement will not proceed until DCR receives sufficient appropriations for the project. . . . . . . In witness whereof, the parties hereto have executed this agreement as ofthe dates entered below. The Virginia Land Conservation Foundation Commonwealth of Virginia By Joseph H. Maroon Executive Secretary Date City of Virginia :Beach Name of Sponsor/Grantee: By Date [Signature] Please print name here: Title VLCF - 06 (09) Page 2 ~ 1:: (1) c. o ....1"- D..~ (1)~ tn~ .~ ('f') CO~ D..' (j) ICX) C:~ O~ . en :;t: c: c CO.- c.a.. >< . W(9 (1) Q) .... - .- U tni- .- (1)() tn..c ::J :J 0_ :I:() "C~ 0....... o C C):J .cO C)() ::J e en o Q) .c i- ....~ EC\! CON "C <( ~. Jit'. '.,. .. .... . .. . , !,<"b .. .~. ' " 1 "0 8 ',', OQ) o~ Ou (/)"10 C) IE ~ "0 't: '5>0 ~ ~ ~ ' ::J Q) _ '" ._ ,.oIt Ee~~~5-E eaoom 'ue "O.t:.....o.......<(_ <(I-... Q) () I- ea ('t) '00.. 0 8c (/)0 C>'- co Q) C\l ..cco('t).....,o C>~ co u Q).::t:. :::l Q)"- ea .: (5 E e I/J co ~ 5-'t: eaose .()o ~ ~ I '0 C\l <( z II E e - en Q) ~ II t!~.~":~, ~,,~~ ;bJ ~. . ... o,.ClIIIt,,~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation from the Virginia Beach Farm Bureau and Appropriate Funds to the FY 2008-09 Operating Budget of the Department of Agriculture MEETING DATE: April 14, 2009 . Background: The Virginia Beach Farm Bureau has agreed to donate at total of $750 to the City to be used for the improvement of awareness of approved, controlled agricultural burns to our citizens ($250 donated for this purpose) and to identify legitimate "farm use" vehicles ($500 donated for this purpose). The Agricultural Advisory Commission previously identified these two areas as requiring improved awareness. . Considerations: The Fire Department expressed a concern that they were receiving numerous 911 calls from citizens regarding brush fires, which had previously been approved by both the Fire and Agriculture Departments, in agriculture fields requiring a response at a considerable expense. In an effort to reduce this problem, it was suggested having farmers place a sign in the field where a controlled burn is taking place thereby reducing or eliminating the Fire Department's response to such calls. The donation will defray the cost of the Agriculture burn signs. The Police Department expressed a concern about the improper use of Farm Use vehicles by non legitimate farmers. A program managed by the Department of Agriculture was established to register legitimate farmers who wish to participate. A registry of participants will be maintained by the department and access will be provided to the Virginia Beach Police department. Participants will receive stickers for legitimate Farm Use vehicles in an effort to make them easier to identify. The donation will defray the cost of printing the stickers. . Public Information: Public information will be provided through the normal City Council agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting De pa rbnentf Agency: Agriculture /I?(. City Manege~l k .~D<>i i I I 1 AN ORDINANCE TO ACCEPT A DONATION FROM THE 2 VIRGINIA BEACH FARM BUREAU AND APPROPRIATE 3 FUNDS TO THE FY 2008-09 OPERATING BUDGET OF THE 4 DEPARTMENT OF AGRICULTURE 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 A donat.ion of $750 is hereby accepted and appropriated to the FY 2008-09 8 Department of Agriculture Operating Budget from the Virginia Beach Farm Bureau to be 9 used by the Virginia Beach Department of Agriculture for the Agriculture Burn Sign 10 Program and the Farm Use Tag Vehicle Identification Program, with estimated revenues 11 increased accordingly. of Adopted by the Council of the City of Virginia Beach, Virginia on the 2009. day Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: I)~O. cR~rnce"- Management Slervices CA11078 R-2 April 1, 2009 II r ~.\lIA'~~~ ~~ ~... "*"'.f~., i1i~/~':PI ..1::: ' " ,\'t.I ~~\~-" ;~,~ ,,<;.,.-w:,;,:.,- -'.lIJ ~~~~~:;Ji ....".,.... "'" \... CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance Transferring Funds from the FY 2008-09 General Fund Reserve for Contingencies to the FY 2008-09 Operating Budget of the General Registrar MEETING DATE: April 14, 2009 . Background: Primary elections have been ordered for June 9, 2009 in the City of Virginia Beach in accordance with 99 24.2-516 and 517 of the Code of Virginia. Per Virginia Code 9 24.2-518, the locality shall pay the costs of primary elections. The FY 2008-09 Operating budget for the General Registrar's Office does not include funding for a primary election. . Considerations: The total cost for the primary elections is $206,530. The General Registrar's Office will absorb $12,106 within their FY 2008-09 Operating budget. The remaining amount of $194,424 would be transferred from the General Fund Reserve for Contingencies. The balance remaining in the Reserve for Contingencies after this transfer is $349,092. . Public Information: Public information will be provided through the normal Council Agenda process. . Alternatives: Without adequate funding, election duties required by law for the primary elections cannot be conducted. . Recommendations: It is recommended that Council transfer $194,424 to fund the primary eJections for the Democratic and Republican Party primary elections to be held on June 9, 2009. . Attachments: Ordinance, General Registrar letter Recommended Action: Approval Submitting Department/Agency: General Registrar City Manager~ ~ \ ~ I i I' 1 AN ORDINANCE TRANSFERRING FUNDS FROM 2 THE FY 2008-09 GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO THE FY 2008-09 OPERATING 4 BUDGET OF THE GENERAL REGISTRAR 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 That $194,424 is hereby transferred from the FY 2008-09 General Fund Reserve 10 for Contingencies to the FY 2008-09 Operating Budget of the General Registrar to fund 11 the June 2009 primary elections. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Approved as to Content: Approved as to Legal Sufficiency: .B~Q Management Services v~ City Atto ne s Office CA11083 R-2 April 1 , 2009 City e>f Virgi:r1ia Beach VBgov.com EDITH M. HARRINGTON VOTER REGISTRAR P.O. BOX 6247 VIRGINIA BEACH. VIRGINIA 23456.0247 (757) 385-8683 FAX (757) 385-5632 TOO 711 www.vbgovcorn/voter March 27, 2009 The Honorable William D. Sessoms, Jr. and Members of City Council City Hall Building #1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, On your agenda for April 14, 2009, is an ordinance to fund the June 9, 2009 Democratic and Republican Party Primary Elections that have been ordered in accordance with ~~ 24.2-516, 24.2-517, and 24.2-518. Typically the fiscal year budget for th~~ Voter Registrar's Office does not include funding for a primary election. Therefore, we are requesting additional monies to cover these expenses. Thank you for your continued support. Please contact me at 385-8683 or pharring@vbgov . com if I can offer additional information or assistance. Sincerely, Edith M. "Pat" Harrington Voter Registrar I " II , ~ie.t"'\:'\ tt:'~;,:k, ;,;,r;[,,' ",' '-\) 15 ' .. ~>~ ~<~ r:lJj ~~.~....y -....~...., ""'" \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Appropriate Funds to the FY 2008-09 Department of Finance Operating Budget to Meet STOP Program Contractual Obligations MEETING DATE: April 14, 2009 . Background: The City has a contractual agreement with the Division of Motor Vehicles (DMV) to collect the local vehicle registration fee. In addition, to aid in the collection of local personal property taxes, if an applicant is delinquent, DMV will refuse the renewal of the delinquent applicant's state and local vehicle registration. This program is referred to as the "STOP" program. DMV imposes an administrative fee to operate and enforce the program. The City incurs the cost and charges the administrative fee back to the taxpayer along with payment of the delinquent taxes. The STOP fee is a budget neutral arrangement. Actual revenues collected by the City match the STOP expenditures to the State. To date, for FY 2008-09, 34,028 individual STOPS have been placed, and $2,072,051 of delinquent personal property taxes have been collected. . Considerations: After the FY 2008-09 Budget was adopted, DMV initiated a new contract and raised the administrative fee from $5 to $20. The original STOP program was based on a $5 fee. With the increase in this fee, the STOP revenues and expenditures are considerably higher than the budgeted amount. While the Treasurer administers the contract and is responsible for delinquent collections, the expenditures (remittance of fees collected) are reflected in the General Fund's budget. The higher STOP fee requires an increased appropriation. . Public Information: Public information will be coordinated through the traditional Council agenda process. . Recommendation: It is recommended City Council appropriate $375,000 to the Department of Finance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finan~ City Manager:~ l, ~IS)?( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2008-09 DEPARTMENT OF FINANCE OPERATING BUDGET TO MEET STOP PROGRAM CONTRACTUAL OBLIGATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $3~r5,OOO of STOP revenue is hereby appropriated to the FY 2008-09 Department of Finance Operating Budget with local revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the _' 2009. day of Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J;)~c.. ~ Management Services ~{'~ CA11080 R-3 April 3, 2009 I I, II ~~~~ ~:I~,' .....+.~ ~....f~,., "?-@ (,; ,<I!iI "\"" ~5: ,'. " !~~ ("\~ . '.> ,\\"-,... Ifl "~~~--::.:i' -...:.~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Reimbursement Funds to the FY 2008- 09 Operating Budget of the Fire Department MEETING DATE: April 14, 2009 . Background: The City of Virginia Beach is the sponsoring agency for VA-TF 2, FEMA Urban Search and Rescue Team. An individual from the Red Incident Support Team was activated into service for the 2009 Presidential Inauguration January 17th through 27th. After activation and deployment, the Department of Homeland Security ("DHS"), Federal Emergency Management Agency ("FEMA"), provides funding to reimburse participants for eligible equipment, supplies and overtime supporting these deployments (from activation through demobilization). FEMA has sent the City the award form containing the authorized spending limit for this deployment ($24,000). . Considerations: As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, DHS/FEMA had authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of VA-TF 2. The Fire Department has finalized expenditure reporting for the 2009 Presidential Inauguration at $17,500. . Public Information: Public Information will be handled through the normal agenda process. . Recommendations: Approve and appropriate the following amounts to cover expenses of VA-TF2 for the assistance provided for the 2009 Presidential Inauguration ($17,500). . Attachments: Ordinance Recommended Action: Approval of ordinance Submitting Department/Agency: Fire Department 11 ht [4,. City Manager: )( · Ocs~ (j 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 REIMBURSEMENT FUNDS TO THE FY 2008-09 3 OPERATING BUDGET OF THE FIRE DEPARTMENT 4 5 BE IT OHDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $17,500 is hereby accepted from the U.S. Department of Homeland Security, 9 Federal Emerglency Management Agency, with estimated revenues increased 10 accordingly, and appropriated to the FY 2008-09 Operating Budget of the Fire 11 Department for costs related to the deployment of an individual from the VA-TF2 12 Team's Red Inciident Support Team for the 2009 Presidential Inauguration. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: ~~N~~~ y/Z~_-- City Attorney's Office CA11081 R-2 April 1, 2009 I I, II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Transferring Funds within the FY 2008-09 Operating Budgets of Department of Human Resources and the Department of Communications and Information Technology MEETING DATE: April 14, 2009 . Background: In FY 2000-01, the City established the "City Human Resources/Payroll System" (Capital Improvement Program #3-280) to replace the last payroll system (PAYPER) which was over 10 years old and could not provide the necessary reporting requirements. InSITE replaced the previous payroll system and is the current Human Resources and Payroll system. The previous payroll system was unable to meet the demands for managing the workforce needs and lacked the functionality to address future challenges efficiently. Additional contracted staff hours and application expertise is needed in order to have the system accommodate reporting requirements and software application usage. . Considerations: The total cost for the additional contracted staff hours is $183,963. This work will ensure that InSITE is successfully providing accurate information to users. The Department of Human Resources is transferring $90,000 for this purpose. The Department of Communications and Information Technology (ComIT) is transferring $93,963 for this purpose for a total requested amount of $183,963. The Departments have available funds for this transfer due to vacancy savings accrued during FY 2008-09. . Public Information: Public information will be provided through the normal Council Agenda process. . Alternatives: Without the additional funding, the InSITE system will be unable to provide reporting and software application needs to the City to obtain and record accurate data. . Recommendations: It is recommended that Council transfers $183,963 to fund the InSITE system. . Attachments: Ordinance Recommended Action: Approval ~ ;// LJJ. j Submitting Department/Agency: Human Resources/ Com IT '" l().Jt' City Manager~ '\L.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TRANSFERRING FUNDS WITHIN THE FY 2008-09 OPERATING BUDGETS OF THE DEPARTMENT OF HUMAN RESOURCES AND THE DEPARTMENT OF COMMUNICATIONS AND INFORMATION TECHNOLOGY BE IT OIRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $18:3,963 is hereby transferred within the FY 2008-09 Operating Budgets of the Department of Human Resources and the Department of Communications and Information Technology to fund additional reporting requirements and software usage for the HR Payroll (InSITE) system. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Approved as to Content: Approved as to Legal Sufficiency: EJ C1J\~1 Management SHrvices D;t~ ___ City Attorney's ~ce CA11088 R-2 April 1, 2009 I I, Ii ,. A';~, '.{.\~..l'''' ..,~~, fO/'} -\V, (5: i~' (,t_ r.; \-\- ,"> ~\_... "~--",l./t "\..'''-''~,..~<1"~ \.~~~ "" \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2008-09 Operating Budget of the Fire Department and to Transfer Funds for a Required Local Match MEETING DATE: April 14, 2009 . Background: The Fire Department has been awarded a $922,785 grant by the U.S. Department or Homeland Security ("DHS"), Federal Emergency Management Agency ("FEMA") under the 2008 Assistance to Firefighters Grant ("AFG"). The proposed use of these grant funds is to purchase Electrocardiogram monitors and a portable driving simulator. The Electrocardiogram monitors will replace and upgrade approximately 26 units located on front-line apparatus that are about 10 years old. Currently, the department has 34 units (31 on fire apparatus, 1 in the Fire Training Center, and 2 in Resource Management). This equipment has a useful life of about 8 years, and the goal is to replace them every 7 years. The total cost of the monitors is $510,000. The driving simulator includes a 36-foot enclosed trailer containing two stations and related computer equipment and software. The simulator utilizes the cab, chassis and handling characteristics of a fire engine to simulate real-world driving conditions on various types of roads and in various weather conditions. Use of this driver training and improvement tool to train, evaluate and certify drivers may lead to reduced number and severity of accidents as well as reduced risk management costs. The cost of the simulator is $412,785. . Considerations: Of the total approved cost of $922,785 the Federal share is 80 percent ($738,228) and the City's share is 20 percent ($184,557). The Fire Department will provide the local match by transferring funds from its State Fire Programs/Aide to Localities allocation appropriated in its FY 2008-09 Operating Budget in the Grants Consolidated Fund. The performance period is February 20,2009 to February 19, 2010 for obligation of funds, and May 19, 2010 (90 days after performance period) to complete expenditures and finalize the close out reporting process. . Public Information: Public Information will be handled through the normal Council agenda process. . Recommendations: Accept and appropriate $738,228 from a U.S. DHS, FEMA Assistance to Firefighters Grant, and transfer $184,557 from the Fire Department's FY 2008-09 Operating Budget State Fire Programs Grant as the local grant match. . Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Fire Department 2r1r- ~ City Manage~ k . ~dI4f,: () 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2008-09 OPERATING 3 BUDGET OF THE FIRE DEPARTMENT AND TO 4 TRANSFER FUNDS FOR A REQUIRED LOCAL 5 MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) $738,228 is hereby accepted from the U.S. Department of Homeland 11 Security, Federal Emergency Management Agency for a 2008 Assistance to 12 Firefighters Grant, and appropriated to the FY 2008-09 Fire Department 13 Operating Budget for the purchase of Electrocardiogram monitors and a 14 driving simulator, with estimated revenues increased accordingly. 15 16 2) $184,557 is hereby transferred within the Fire Department's FY 2008-09 17 Operating Budget, from State Fire Programs Grant to Assistance to 18 Firefighters Grant, as the local grant match for this new grant. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: MQ~C~.~ ~ ~~df1 -- ity ttorney's ice CA11082 R-3 April 2, 2009 I ~\A?ii'" ~""...~"."..' ......';~..~' ~ <fl!;"':::~ ;,:. ."" .';.' \'...' (5 - fi>~ ~,i~' ;:t l.\ ~- .l''l .~~ ~~~~.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Reimbursement of Legal Fees and Expenses Incurred by an Animal Control Officer in Defending a Criminal Charge that Resulted From the Performance of Her Duties MEETING DATE: April 14, 2009 . Background: A Virginia Beach Animal Control Officer was charged with the misdemeanor offense of assault and battery. The charge resulted from the officer's performance of her duties as an Animal Control Officer. The charge against the officer was subsequently disposed of by a dismissal in the Virginia Beach Juvenile and Domestic Relations District Court. The City Attorney's Office has reviewed the circumstances of the case and determined the fee charged is reasonable. . Considerations: In situations where a law-enforcement officer is investigated, arrested, indicted or prosecuted for an alleged criminal act committed in the discharge of official duties, Section 15.2-1711 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by such officer if no charges are brought, the charges are dismissed, or at trial the officer is found not guilty. . Recommendations: Approval of ordinance. . Attachments: Ordinance Recommended Action: Approval !yr Submitting Department/Agency: Police Department City Manager: ~. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF LEGAL FEES AND EXPENSES INCURRED BY AN ANIMAL CONTROL OFFICER IN DEFENDING A CRIMINAL CHARGE THAT RESULTED FROM THE PERFORMANCE OF HER DUTIES WHEREAS, a Virginia Beach animal control officer was charged with assault and battery for actions resulting from the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach Juvenile and Domestic Relations District Court, the charge against the officer was disposed of by dismissal; WHEREA.S, in the defense of said charge, the officer incurred legal fees and expenses in the amount of$2,831.40 and has requested the City to reimburse her for such fees and expenses; WHEREA.S, Section 15.2-1171 of the Code of Virginia provides that U(i)f any law- enforcement officer shall be investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such investigation or Gharge"; WHEREJ.\.S, the City Attorney's Office has reviewed the circumstances ofthis case, assessed the itemized bill submitted by the officer's legal counsel, and determined that the legal fees and expenses incurred by the officer are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Police Department is hereby authorized to expend funds in the amount of $2,831.40 from the FY 2008-09 Operating Budget of the Police Department for the purpose of reimbursing an animal control officer for legal fees and expenses incurred by her in her defense of a criminal charge brought against her that resulted from the performance of her official duties. Adopted by the Council of the City of Virginia Beach, Virginia, on the , ~~009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~.~ !):r ft 'fi~~ Police DepartmE~nt CA11071/ R-1/ Mluch 31,2009 I L. PLANNING 1. Application of BRADLEY CAPPS for an Expansion of a Nonconforming Use re a bedroom- bathroom one-story addition at 316 16th Street - DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application ofDA VID C. LANDIN for an Expansion ofa Nonconforming Use re a porch and patio enclosure at 6202 Oceanfront Avenue - DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 3. Variance to g4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for MICHAEL MEGGE and L YNNETTE HUME re lot width at 2032 Hackberry Road - DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 4. Application of OLD BEACH FARMER'S MARKET for a Conditional Use Permit re an outdoor Farmer's Market at 620 19th Street - DISTRICT 6 - BEACH RECOMMENDA nON APPROVAL 5. Application of CASEY WELSH for a Conditional Use Permit re a fIrewood preparation at 3445 West Neck Road - DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDA nON RECOMMENDA nON DENIAL APPROVAL .6. Applications of BARRY D. and PAULA W. KNIGHT re Conditional Use Permits - DISTRICT 7- PRINCESS ANNE a. Private Heliport at 1852 Mill Landing Road b. Private Helistop at 3501 Baum Road RECOMMENDA nON APPROVAL 7. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District ClassifIcation. from R- 5D Residential District to Conditional B-1 Business District at 1945 Centerville Turnpike - DISTRICT 1 - CENTERVILLE APPLICANT REQUESTS DEFERRAL TO APRIL 28, 2009 8. Application of GA TEW A Y ENTERPRISES, LLC for a Change of Zoning District ClassifIcation from AG-2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne- DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL 9. Ordinance to further EXTEND the date for satisfying conditions in the closing of a portion of Grimstead Road for JOSEPH W. FREEMAN, JR. (approved/conditioned by City Council October 23,2007 and time extension granted October 14,2008) RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at Cily Hall. MUnH;IfJal Center, 2401 Courthouse Drive, Tuesday. April 14, 2009, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT Bradley CappS Application: Expansion of a Nonconforming Structure at 316 16th Street. Old Beach Farmers Market Application: Conditional Use Permit for an outdoor farmers' market at 620 19th Street. L YNNHAVEN DISTRICT David C, Landin Application: Expansion of a Nonconforming Structure at 6202 Oceanfront Avenue. Michael Megge & Lynnette Hume Application: SubdiviSion Variance at 2032 Hackberry Road. PRINCESS ANNE DISTRICT Barry D. and Paula W. Knight Application: Conditional Use Permit for a heliport (private) at 1852 Mill Landing Road. Barry D. and Paula W. Knight Application: Conditional USE Permit for a helistop (private), 3501 Baum Road. Gateway Enterprises, 1.1.C. Application: Change of Zoning District Classification from AG-2 Agricultural to Conditional 0-2 Office at 2084 Princess Anne Road. Casey Welsh Application: Conditional Use Permit for a firewood preparation facility at 3445 West Neck Road. AICU2 is 65-70. ' CENTERVIu.E DISTRICT Seven Cities Electric, Inc. Application: Change of Zoning District Classification from R-5D Residential to Conditional B-1 Business at 1945 Centerville Turnpike. Comprehensive Plan: Primary Residential Area. Purpose of rezoning: Contractors office. AICUZ is Less than 65. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and dmendments are on file and may be examined in the Department of Planning or online at httD:/ /www.vbe:ov.com/DC For information call J85-4621. If you are physically disabled or visually Impaired and nl~ed assistance at tl1is meeting, please call t"'e CITY CLERK'S OFFICE at 385-4303. , , , BRADLEY CAPPS M M B dl c Mep :,ft to -tele ra e' , a~ ~1Js ~. l\,~~' ~;; Jtr~1 t '~~tll:3!f ~ UI\ Jc r ~ "J...'~ ~ ,., ~ -~ 0 p ~ .,.... ~ li l~ ~ ~l '" ~ ~yq;~ Ii l- ,::'1p 0 \1 :~] r.' ~~.. 'v- ~:::\ ~ ..... ...."" ci\ ~ 0 ~ .-""\ -- =:= l-- ~ sol ~ ~ ~ ~ ~ ,C'iA "-.-s ~ ~ ] I ~ ~ ~i~ - j a ,r~ ;.-t ~~ ~ ,\..<e, V oil'\ " ~. ~ ______- ~ ~i: . ~ ~ i\1t' ~ ~ ::;... __ --- .~ "1""'., ~\ ~ ~'QI~ )';1 - ~:t~ -;;;;0 ~ ;m: ~ :'l \ iIt~ ,. - l. C'> - ~ =-- Li ~ ~~ ,~/l- g ~",..." ...--:b-. ,-- J.' Jl\ '" ~ ~ ),..0" ~ '- ~"'" , V t'~ 'p ~ \, : i~' ~ V -.j.. /" ~ -- \ i( ~ -: J \ ~\--; ~ tn ~ w.-'l \\ .., !!: ....' :l c.\ P8. I ~ 1\ ~I--' ~(== 1> ,- i-""' ~ L1 -..,), ".W..ifI.\r"" \ I'.... . ~ ~ ~~~r~~~J ~~ --~~ "\ ~ - ~ '1 \ ..- , ~~ ,,~. . ~ ~ ~ .~ . ~ _iiii L /" ~' [4 ~ 41 ,...:;;. '"' '1' V--" ..;:; '- 4j ~~ ~ - ~ ~ ~ ea 1 -.;;; ~ ~ ~ 4 " - ~ I '\-, 4 11~ ~ tsl1 I> UKf ~O LY ~~ . ,~)\ ~ _, \ i1- ~ il~ ~1E~~"fJ~~~ ~~ ~ t~ ~ 1\ \ ~'~ \t.\ Non-Conformin Use;": g Relevant Information: · Beach District . The existing duplex structure is two stories in height and typical of the "oUd beach cottage" design prevalent in this area. . The applicant occupies the first floor of the duplex and desires to add a master bedroom and bathroom to the structure. . The addition will be one-story in height and consist of 600 square feet of floor area. Proposed building design and materials will match the existing structure. · AICUZ is 65 - 70 (Sub-Area 1). Recommendation: · Appro1lfal I 'I ftrIj~~~'~ ~~ - .) \, --- ;,; ~ .!t ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Expansion of a Nonconforming Use on Property Located at 31616th Street. BEACH DISTRICT. MEETING DATE: April 14, 2009 . Background: The purpose of this request is to make alterations and additions to an existing nonconforming structure. The site is developed with a duplex and garage apartment, which according to the Real Estate Assessor's office were constructed in 1940. The current zoning of A-12 Apartment District permits two dwelling units on the site, either a duplex or semi-detached units. Thus the site is nonconforming because it contains three dwelling units, the duplex and garage apartment. Moreover, the existing duplex and garage apartment do not meet the required setbacks and are slightly over the permitted lot coverage for duplex dwellings in the A-12 Apartment District. Since the structures are nonconforming, any addition to the structures requires City Council approval. Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity". . Considerations: The existing duplex structure is two stories in height and typical of the "old beach cottage" design prevalent in this area. The applicant occupies the first floor of the duplex and desires to add a master bedroom and bathroom to the structure. The addition will be one-story in height and consist of 600 square feet of floor area. Proposed building design and materials will match the existing structure. The proposed addition meets the required setbacks for a duplex in the A-12 Apartment District. . Recommendations: Staff finds that the proposed alterations are 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 following conditions. , , , BRADLEY CAPPS Page 2 of 2 1. The proposed addition shall be constructed substantially in accordance with the submitted physical survey entitled "Lot 16, Block 20, Virginia Beach Development Co., Plat 2", dated October 29,2008, and prepared by John E. Sirine and Associates, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted building elevations entitled "A Master Suite Addition to the residence of Brad & Ginger Capps, 316 16th Street, Virginia Beach, Virginia", dated January 2009 and prepared by Richard L. Grimstead, Architect. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Proposed building materials shall match the existing building materials. . Attachments: Staff Review Disclosure Statement Resolution Recommended Action: Approval. Submitting Department/Agency: Planning Departmen'- City Manager~L ~~ . BRADLEY CAPPS April 14, 2009 City Council Meeting Staff Planner: Faith Christie REQUEST: II Exoansion of a Nonconformina Use for the addition of a one-story 600 square foot master bedroom and bathroom ADDRESS I DESCRIPTION: 316 16th Street GPIN: 24271624780000 COUNCIL ELECTION DISTRICT: BEACH SITE SIZE: 7,000 square feet SUMMARY OF REQUEST The purpose of this request is to make alterations and additions to an existing nonconforming structure. The site is developed with a duplex and garage apartment, which according to the Real Estate Assessor's office were constructed in 1940. The current zoning of A-12 Apartment District permits two dwelling units on the site, either a duplex or semi-detached units. Thus the site is nonconforming because it contains three dwelling units, the duplex and garage apartment. Moreover, the existing duplex and garage apartment do not meet the required setbacks and are slightly over the permitted lot coverage for duplex dwellings in the A-12 Apartment District. Since the structures are nonconforming, any addition to the structures requires City Council approval. The existing duplex structure is two stories in height and typical of the "old beach cottage" design prevalent in this area, The applicant occupies the first floor of the duplex and desires to add a master bedroom and bathroom to the structure, The addition will be one-story in height and consist of 600 square feet of floor area. Proposed building design and materials will match the existing structure. The proposed addition meets the required setbacks for a duplex in the A-12 Apartment District. BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 1 , , , LAND USE AND ZONING INFORMATION EXISTING LAND USE: A duplex dwelling, a garage apartment, parking, and landscaping. A six-foot.privacy fence enCIOSE!S the eastern portion of the lot. SURROUND~NG LAND USE AND ZONING: North: . 16th Street . Across 16th Street is a multi-family dwelling, a parking lot, and a hotel! RT-3 Resort Tourist and A-12 Apartment . Multi-family dwellings! RT -3 Resort Tourist . Multi-family dwelling! RT-3 Resort Tourist . Multi-family dwelling! A-12 Apartment South: East: West: NATURAL RI:SOURCE AND CULTURAL F=EA TURES: The site is mostly impervious covered by buildings and parking. There are no natural resources or cultural features associated with the site, AICUZ: The site is in an AICUZ of 65-70dS Ldn Sub-Area 1 surrounding NAS Oceana, The request does not increase density or occupant load; it is merely to add an addition to an existing structure. The provisions of the City Zoning Ordinance, Article 18 Special Regulations In Air Installations Compatible Use Zones (AICUZ), and Section 1804 (d) do not apply to discretionary development applications for the redevelopment of property where the proposed dwelling unit density is the same as or lower than the actual dwelling unit density existing at the time the application is submitted. IMPACT ON CITY SERVICES City services clre not impacted by the request. EVALUATION AND RECOMMENDATION Staff recomme~nds approval of this request. The proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the district as the existing non-conforming use. The request, therefore, is acceptable as submitted. CONDITIONS 1. The proposed addition shall be constructed substantially in accordance with the submitted physical survey entitled "Lot 16, Block 20, Virginia Beach Development Co., Plat 2", dated October 29,2008, BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 2 , I and prepared by John E. Sirine and Associates, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted building elevations entitled "A Master Suite Addition to the residence of Brad & Ginger Capps, 316 16th Street, Virginia Beach, Virginia", dated January 2009 and prepared by Richard L. Grimstead, Architect. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Proposed building materials shall match the existing building materials. 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. BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 3 AERIAL OF SITE LOCATION BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 4 , I 13 _I'" .....1. AMIIIlaIIk Thlolo.. cettlfy .......... OCTOBER:It, tide .... _ ... .... ., doe lNoIWiap ... .. ........ ... IhIt ....1 Th. bell"lnl. .1..... ..,Icily .llhln Ih. lill. IIn.. .. ...-rtY. -.... AI ......... , Olh., hlt"i... o. th. ... :: .' i I J.!.. I:! .. ! ~.. . ':, I, .. 14 18 TWO STORY FRAME 113111 .. . . , " ~ <~: '.':11-'.::, : . ; ....4 -,,' :.. ., w ::l Z w ~ U g 0= < Cllo 100' IIOTII t. MOPIIU't'''''''' 10 PA&J.... _X~__ M_ONIIA-.R.OClD-...-. _____cm'0IYA....... DECI. ,_COMIfiIO.,.t 00II I 16TH (80') STREET J. 1HIIWIfIIfl'tWM~WI1HOUT,,* IEJ8ft'CIPA Tm..II8ICfIIT /tHJ MAY at....v __OI.I.IlI\~OI'I1TUiAFPECTllG ..-sm__ PHYSICAL SURVEY OF LOT 16, Bl.OCK 20. VIRGINIA BEACH DEVELOPMENT CO.. PLAT 2 FOR . {..... .... -, BRADL Y CAPPS VIRGINIA BEACH. VIRGINIA OCT08ER:It.2OOI SCALE: 1"2'1/1 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS' ENGINEERS. PLANNERS VIRGINIA BEACH, VIRGINIA P,S, 840. P. 40 ''''.4 A"" PROPOSED SITE PLAN BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 5 {\ , \ . ~ '., ;!~Y, l! it ~..1 d '-. 11: toO: '11 :1" f' ,;;: 'I' HE it! H ij~ 11\ ~}~ ;l! ;"t ;t~ l; ~11 it! 1; .>. ~.. ..' 1" · l":. ,:'. 'a: .~ l- .1., .,. i' $,~, H~ m iH Hi t! \,.' \, .c,\ .,----- . \-- ..-/-- -'.--- h~ il liS \ . ~~~! ~ d5 i~ ! ;re,,' '! ; i I J: . i i" . 1& !!! 1<> @ ~-- /"'/--'" . I ,. Hi :!l ,1} '- ,j'ii' ill ~i' I.!! >,~ 'ti I I J . ... , 1., " ~\, ,;1 ~~~1 i!: ., ~ It. ~ 6 ~ ,:., Hi 'l( '.. I:; ~S~_ ~:.. ~;~ ;11 ~1f t.,r 71.- 0. g~ H~ ri! ~~~ \~~--- ,/// " BRADLEY CAPPS - Nonconforming Structure April 14. 2009 City Council Meeting Page 6 , I ~ . I' i:~)' ~ dl j{ ! '1011..1 II ~ 0 I'll ...i= i i I ..I . !I ii. fU \S7 -=~t~ -'-....~-rl-- ; I ; h ~ ! 'r _~J~ . -:~: ... !~ .~ "i " ! \...../ ~~' . =-.: I .u____~ ~?~Ji . .~ ~ ~~: r---- ---, _____:_J i : , , I , I ; :r--- ~ . .: I ,J 1 " "'" - BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 7 Map M'-6 B"adleJ~' Ca'''''~'''s ~:~\\Not to ~ole, \ IU ,~~. I " ~~ 1"1~~V~J"" H\~, ',\' ~ ~..~ -;u.u.. ul~' J dlifl- p. n. fm I\l' : \ i\~'"} '" ....~ , 0 ~ I' ~p --- - ~V "\ IT ~ l..II "......-;.... 0 ~fFf~~-J~ ~~ ~ [t\ ~~1 \ I~ ~~~rii~ i~~ j ~ ~:;.- ~~ ~ ~l (; M ,t" < t- ~ ~\. ~~ ~~~ PS'!~~~ j ~ ~ ti.\~ 'J~ ~~ __~ _11\ J .\.g - ~~ ~~~ I'"" ~ ,_.--:~~\\rl., ~ I) ~ ~)~ ~ ~(- (\.11\' \(UI\W n -- -- i-1 ~ L-"~ ~,\ g 'Wt i\ 1\ ~ ~~,.... --s.'" ---=~ _v 1; -., rl Dr A \ -~ ~ ~, ~~ ~. / ~~ \ ~ i[ ~ \~~ ... -'" ~\ ~\!~ \ ~__ "1. t ~ =\ _ 1> _ ~~ _\ 1Jr1"'~~ ~~ ~I\ ~~( j; ~ ~ ~ .~",.,. ,.- .l.. 1"""11. { .... ~ u -} e) ~ j .)II ~ . ........ ~.::l ' --- ~ -'\ r\ ,: ~ ~ ~ -~ . ~~t~ :J~~~~~~ ~~ (4!)\~ __ ~~41~-:::~ I. ~!i-~ ~a 1 .......~~~~ ,/ ~ - ~ (J.H"'I ~ fl. '\..0: 41 l~ !ll'A V UKf -/0 LY ~6A: .~""2):; n~,\t- ~1 .~;\J ~~~~l\~r~~~~ '2;i~ ~t<i2 ~ ~\ \ ~& '\~l\ Non-Conforming Use 6. 8/15/01 7. 6/26/01 8. 7/5/00 Rezonin A-1 A artment to 8-4 Resort Commercial Alteration to Nonconformin Use Alteration to Nonconformin Use Street Closure Rezoning (A-12 Apartment,R-5S Residential to Conditional RT-3 Resort Tourist) and a Conditional Use Permit (Church) Modification of Conditions (Outdoor Recreational Facility) Conditional Use Permit (Parking Lot) Conditional Use Permit (Parking Lot) roved roved roved 1, 12/9/85 2, 8/8/06 3. 9/11/02 4. 12/16/97 5. 11/9/04 Approved Approved A roved ZONING HISTORY BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 8 z o I . ~ U I . ~ o. ~ ~ CIj p C-::) z ~ o ~ z o u . Z o z , I 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: (Attac/llist if necessary) 2. List all businesses that have a parent-subsidiari or affiliated business entlt/ relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation, partnership, firm. bUSiness. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thIs section only if property owner IS different from applicant If the property owner is a corporation, partnership, firm, bUSiness, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers members trustees, partners, etc below: (Attac/l list if necessary) 2 List all businesses that have a parent-subsidiari or affiliated bUSiness entltl relationship with the applicant: (Attach list if necessary) l&J Check here if the property owner IS NOT a corporation. partnership firm. business, or other unincorporated organization 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an Interest In the subject land? Yes _ No.L- If yes, what is the name of the official or employee and the nature of their Interest? Non.(.oniorITHng use Application Page 8 of 9 R.e'Jlsed 7;3/07 BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 9 z o .- '.- -"ll ( ADDITIONAL DISCLOSURES H List all known contractors or businesses that have or will provide services with respect ..-:.-.-c to the requested property use. including but not limited to the providers of architectural --...a.....c services. real estate services, financial servIces. accountmg services. and legal r ""\ s vices. (Attach Irst if necessary) ~ RICHARD L. GRIMSTEADu AlA - ARCHITECT I t J 0 H rl E. SIR Irl EArl 0 Ass 0 C I ATE S. L T D - SUR V E Y 0 R S ~ ~( ~ ~ cr::J ~ <:;..:) Z I t ~ 10 i [T I Z o u . Z o Z II DISCLOSURE STATEMENT I "Parent-subsidiary relationship" means 'a relationship that eXists wtlen one corporation directly or Indirectly owns shares possessmg more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act Va. Code S 2 2-3101 'Affiliated bUSiness entity relationship" means'a relalionship, other than parent- subSidiary relationship. that exists when (I) one business entity has a controlling ownership interest In the other bUSiness entity. (il) a controlling ow ner III one entity IS also a cOrHrolllllg owner in thl~ other entity or (iil) there IS shared management or control between the bUSiness entities Falctors that should be con sidered 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 entitles 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 workmg relations t\lP . between the entities." See State and Local Government Conflict of Interests Act, Va Code S 22-3101 CERTIFICl~ TION: I certify that the Information contained herem IS true and accurate t understand that. upon receipt of noliflcatlon (postcard) that the application has been schedulea for publiC heafln!~. I am responSible for obtaining and pO Sling the reqUired sign on the subject property at least 30 days prior to the scheduled public hearing according to the InstructIOns Ifl 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 processlrlg and evalualing this appLcal10n Applicant, s,g~~M BRADLEY CAPPS Print Name Property Own.~(s Signature (If different than applicant) Print Name Non,Conlormll"\g Us.., Appllr.ahon rag" 9 of 9 Re~"M 7 '3:07 BRADLEY CAPPS - Nonconforming Structure April 14, 2009 City Council Meeting Page 1 0 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 316 16th 4 STREET 5 6 WHEREAS, Bradley Capps (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge a nonconforming use by makini additions 8 to the duplex dwelling on a lot or parcel of land having the address of 316 16 Street, in 9 the A-12 Apartment Zoning District; 10 11 WHEREAS, the said use is nonconforming, as the parcel contains a duplex and 12 a garage apartment, three dwelling units, constructed prior to the adoption of the Zoning 13 Ordinance. The current ordinance prohibits more than two dwelling units on a single 14 parcel in the A-12 Apartment 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 proposed addition shall be constructed substantially in accordance 35 with the submitted physical survey entitled "Lot 16, Block 20, Virginia 36 Beach Development Co., Plat 2", dated October 29,2008, and prepared 37 by John E. Sirine and Associates, Ltd. Said plan has been exhibited to the 38 Virginia Beach City Council and is on file in the Planning Department. 39 40 2. The proposed addition shall be constructed substantially in accordance 41 with the submitted building elevations entitled "A Master Suite Addition to 42 the residence of Brad & Ginger Capps, 316 16th Street, Virginia Beach, 43 Virginia", dated January 2009 and prepared by Richard L. Grimstead, 44 Architect. Said plan has been exhibited to the Virginia Beach City Council 45 and is on file in the Planning Department. Proposed building materials 46 shall match the existing building materials. 47 48 49 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO CONTENT: ~ APPROVED AS TO LEGAL SUFFICIENCY: !JJ~/f/~ City Attorney's Office CA11087 R-2 March 31, 2009 DAVID LANDIN ~ -; c. ('"\ o ~ ~ p~ Non-Conforming Use Relevant Information: · Lynnhaven District · The applicant proposes to enclose the existing first-floor rear screened-in porch with glass and to screen-in the roofed concrete patic>>. The alterations do not change the footprint of the structure. · The enclosure of a porch is normally required to meet the yard setback; however, in this case, meeting the setback is not possible. Thus, since the setback is nonconforming, City Council approval is needed to allow construction to proceed. · AICUZ is Less than 65. Evaluation and Recommendation: · Approval ~ w~ ~P' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Expansion of a Nonconforming Structure for Property Located at 6202 Ocean Front Avenue. L YNNHAVEN DISTRICT. MEETING DATE: April 14, 2009 . Background: The applicant desires to make alterations to a two-story single-family dwelling built in 1940. Since the structure was built in 1940, the setbacks are nonconforming, as they do not meet the current required setbacks for the R-5R Residential District. Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity". . Considerations: The applicant proposes to enclose the existing first-floor rear screened-in porch with glass and to screen-in the roofed concrete patio. The alterations do not change the footprint of the structure. The enclosure of a porch is normally required to meet the yard setback; however, in this case, meeting the setback is not possible. Thus, since the setback is nonconforming, City Council approval is needed to allow construction to proceed. . Recommendations: Staff finds that the proposed alterations are 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 following conditions. 1. The alterations to the single-family dwelling shall substantially adhere to the submitted architectural sheet not titled depicting a partial plan labeled First Floor and three building elevations labeled Beach Elevation, South Elevation, and North Elevation. 2. The alterations may not extend beyond the footprint shown on the floor plan. DAVID C. LANDIN Page 2 of 2 . Attachments: Staff Review Disclosure Statement Resoluti<on Recommended! Action: Approval. Submitting Department/Agency: Planning Departmen~ City Manager: April 14, 2009 City Council Meeting APPLICANT AND PROPERTY OWNER: DAVID C. LANDIN STAFF PLANNER: Karen Prochilo REQUEST: Alteration and Enlaraement of a Nonconformina Structure ADDRESS I DESCRIPTION: 6202 Ocean Front Avenue GPIN: 2419729589 ELECTION DISTRICT: L YNNHAVEN SITE SIZE: 7,207 square feet AICUZ: Less than 65 dB DNl SUMMARY OF REQUEST The applicant desires to make alterations to a two-story single-family dwelling built in 1940. Since the structure was built in 1940, the setbacks are nonconforming, as they do not meet the current required setbacks for the R-5R Residential District. The applicant proposes to enclose the existing first-floor rear screened-in porch with glass and to screen-in the roofed concrete patio. The alterations do not change the footprint of the structure. The enclosure of a porch is normally required to meet the yard setback; however, in this case, meeting the setback is not possible, Thus, since the setback is nonconforming, City Council approval is needed to allow construction to proceed, LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: · Single-family dwelling I R-5R Residential District DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 1 USE AND ZO'NING: South: East: West: · Single-family dwelling I R-5R Residential District · Atlantic Ocean · Across Oceanfront Avenue are single-family homes I R-5R Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located adjacent to the sand dunes, beach, and Atlantic Ocean. There are no known cultural features associated with the site, IMPACT ON CITY SERVICES No impacts to City Services. EVALUATION AND RECOMMENDATION Staff recommends approval of the request of an enlargement to the residential structure subject to the conditions below. This residential structure is located in the R-5R residential district. The setbacks for this existing structure are less than the eight feet from the side property line and less than 20 feet from the rear property line, which do not meet our current City's Zoning Ordinance. The structure was built in 1940, and the setbacks are, therefore, nonconforming. The applicant desires to enclose a screened-in porch and screen-in an existing covered concrete patio. Since the setback is nonconforming, City Council approval is necessary before the applicant can proceed with the proposal. Staff concludes that the proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the district as the existing non-conforming use. The proposed design will blend in with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subjE~ct to the conditions below. CONDITIONS 1. The alterations to the single-family dwelling shall substantially adhere to the submitted architectural sheet nelt titled depicting a partial plan labeled First Floor and three building elevations labeled Beach Elevation, South Elevation, and North Elevation. 2. The alterations may not extend beyond the footprint shown on the floor plan. DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they perlain to this site. DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 3 AERIAL OF SITE LOCA liON DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 4 :r I. ClNJN/IJN('( ......1lIWIMD 'Ill! I'IIlI'IRlYIltDWIl lMIl'IlIRIm' JIPPEi1lM'lO fIlU. II _~wrM:1Ul'nE..-n'Cll'A1l1U 1'UlIlD~x. W(tI}&\IIiCt11 ~ClII_...,.".1ItclE- MIHCMICClNMlIA'I'IClNo1lLl'UlClIl IEllClIIlm ~ I'Un'lN.8I~1IJIID, .....................PllII.1IIi CXlYCll'~IIMlH_ 1IIQ......IDllID_ _1IJ!lM1IIIN to.lI&11.11 eM lHIIllQflIM>>'8) ~fUllIlt""""14A. PIGII' DOOR fIIWIl_ --..,. ,c;, ~ - - A 1l.AN1IC BOUILVARD flf (\IIIIlIMIl1 G.1 Location f first floor alte ations 3o.t loX 5 I'IlLClQ( "1M!. o.r 0.2' j:l q 2 S1Ol'I fIMIE .. Pl.ASJI: HOllE ... F!IlCE 0.5' I ... Q.r . l I .' J Ii .. .. . . . . . . . . . . . . . . . . . . J' lILOCk WM.L , , . . . .' . . ...(F) ,.,....'.,.', .,' . D.I' l' N GI'1OW' 5O.lIO' 111O.0Il' 1D _ $WET OCEAN FR<J4T A'IE. 7lf (Iaa _ IDOl DIll fIMDL_ot- F.&:1 -~ 1lllU:""1Il' __olIO LOT 4, IUICIt 1 .. VJMDIIA IIUaI c:o. ~1fIQl, YIIllIIM.... ,JD - LOaILYN ~'''''II, u.c Ftant~ lJISI2lD:I:21:i5N~ EXISTING SITE SURVEY DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 5 ;- (4) ~1l!~~----- ICCII'E tWlMlIlK 1. fNI..AblII'MMeuslrIC4I4p1G1S loaMleSun RDomal -'""",,,,",,_11. _2J8-.""ncI_3O<l>2 _.""11'"-2(\02.0_.._....._ _. , tAd.1\I8l81I.itlM.lDiIs~dIOilor.,eIlnlXJf(:h. 1l.MU~ _.._...4_.._~___. 2J8_ ",1...111 ',J.u- haWll " ~ .___l'.._.=_.:~, ,.',,,,_,:_cc-.'L.____ ~"" (' -'. ~__Dam__\JIt SUN ROOM ("'rc- pardt) I i _(;__'-7-U~~~ ., .~ ./~ 2llIlSud_I"I' II _/r __~~>'- ~:-:_.. , // / ~<lo4 ......" ,/ .SCMENPClRCIt-' -. .._3~~1.",,~~~ - -- - -----~ ~-----~._---_. -.. ._.~.=""'_--~l ----- -..- , - -- --~~- C- _:..->-::/:"'~~~~-;;~ ""______\ 4-0' ! ~_. 4-0" 4-0' 4-.fT . - -- 2rJ.(]' ~-- . 4'.(r -.--. iJ 9 ,., -+ b .; c' .~ l? .. ~l c .. ~. . ~ ~~ I '? .. ~. ~$l' ;. ;;, .. .. . . . PROPOSED FIRST FLOOR ALTERATION DAVID C. LANDIN - NON-CONFORMING April 14,2009 City Council Meeting Page 6 ~r~~ 2Iroi.1Dr,,*~ Flrstf.~'-' .\>!<lUn<I~."!g!~ t'l~~~a!ign .. 114',1'-0" .~{~~ E:lrisIInI4I41'tJ1bl. F'~AMh$tlel!Nlg ..,' i-.~DrtnkJb' ---'I FH"stf.~['" Gr9und ~ '\I ,_2..~~~ :'Mj[);"R;i, ~r{!; ~ F~~'1~"':f' i I ~'.'..i. Flr~t!,..~~'. ,] G"""'" Level . . - - 0'. O' .3' ~~~1~~ PROPOSED BUILDING ELEVATIONS DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 7 1; ...- ~ ";:l ,=. ("\ o ~ ,~ p~ Non-Conforming Use 1 2 06/24/08 01/08/08 Non-conforming Subdivision Variance Granted Granted ZONING HISTORY DAVID C. LANDIN - NON-CONFORMING April 14. 2009 City Council Meeting Page 8 z o I I ~ U I I ~ ~ ~ ~ c.I:J ;:::J t..::) z ~ o ~ Z o u . Z o Z ~ DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation. partnership, firm, business, or other unincorporated organization, complete the following: 1, List the applicant name followed by the names of all officers. members, trustees. partners, etc, below: (Attach list if necessary) ,VA 2. List all businesses that have a parent-subsidiary1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) tlA J 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) tv'A 2. List all businesses that have a parent-subsidiary1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) NA urCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of thE;'tity 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? Non.Conformlng Use Application Page 8 of9 Revised 7/3107 DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 9 ~DISCLOSURESTATEMENT II 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) ~\c.' ':t.A.Tc::-r ;'0.- ~ ~, , .Parent-subsidiary relationship" means "a relationship that exists when one corpmation directly or indirectly owns shares possessing more than 50 percent of the voting powE,r of another corporation," See State and Local Government Conflict of Interests Act, Va, Code 9 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (H) 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 businlE!ss 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. tJVv ~~1f t~, LM~ Applicant's Signature DfrV;') c- LANt)i-tJ Print Name Property Owner's Signature (if different than applicant) Print Name Non-Gonia m,ing Use ApplicatIon Page 9 of 9 Reyised 7/3~)7 z o I I ~ U I I ~ ~ ~ ~ c.I:} ~ t..:) Z ~ o ~ Z o u . Z o Z DISCLOSURE STATEMENT DAVID C. LANDIN - NON-CONFORMING April 14, 2009 City Council Meeting Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 6202 OCEAN FRONT AVENUE WHEREAS, David C. Landin (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming structure by making additions to a single-family dwelling that is nonconforming as to setbacks on a lot or parcel of land having the address of 6202 Ocean Front Avenue, in the R-5R Residential Zoning District; WHEREAS, the said structure is nonconforming, as the dwelling does not meet the setback requirements for the R-5R Residential Zoning District and was constructed prior to the adoption of Zoning Ordinance; and WHEREAS, pursuant to Section 105 of the city Zoning Ordinance, the enlargement of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming structure is hereby authorized, upon the following conditions: 1. The alterations to the single-family dwelling shall substantially adhere to the submitted architectural sheet not titled depicting a partial plan labeled First Floor and three building elevations labeled Beach Elevation, South Elevation, and North Elevation. 2. The alterations may not extend beyond the footprint shown on the floor plan. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO CONTENT: CA 11086 R-2 Mclrch 31, 2009 NCY: MICHAEL MEGGE & L YNNETTE HUME N j BROAD BAY Relevant Information: · Lynnhaven District . The applicant requests a Subdivision Variance for the purpose of creating an additional lot from one existing lot. . The ordinance requires that all lots have frontage on a public right- of-way. Hackberry Road is a private road. Thus, the proposed lots haVEt no frontage, and can only be created if a variance is granted. . If HCllckberry Road was public, a variance would not be needed, as the lots otherwise meet all the requirements of the ordinance. · AICUZ is Less than 65. Evaluatictn and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (11-0). · There was opposition. I i, I' 4.A~ ,{~?~;... "':;."'f~?l. <'0"/. \rl l&i -'!" (.~~ :.) \- .--- .." ~~:~ ~ij 1.~~4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL MEGGE & L YNNETTE HUME, Subdivision Variance, 2032 Hackberry Road. L YNNHAVEN DISTRICT. MEETING DATE: April 14, 2009 . Background: The existing lot consists of 0.641 acre (27,927 square feet) and has one (1) single-family dwelling on it. It is the intent of the applicant to subdivide this site into two (2) residential lots and to construct a single-family dwelling on each lot. Access to the site is proposed via Hackberry Road, which is a 12-foot wide private street. Since Hackberry Road is not a public right-of-way, neither the existing lot nor the proposed lots meet the requirement of the R-10 Residential District for 80 feet of lot width on a public right-of-way. Thus, a Subdivision Variance to lot width must be obtained to create the proposed new lot. . Considerations: Due to topography and natural resource constraints, lots throughout Broad Bay Island vary in regard to size and shape, with many being larger than the minimum required for the R-10 Residential District. Additionally, the dwellings in the area also vary in age, style, and size. The subject lot has an older home on it that the applicants plan to demolish for the purpose of subdividing the lot for two new homes. Hackberry Road is a 12-foot wide private street, and, as such, all lots along this street do not meet the minimum lot width requirement of 80 feet on a public right-of-way. By ordinance, these lots have zero (0) feet of lot width. Although Hackberry Road is private, it functions as a public right-of-way. If Hackberry Road were a public street, a Subdivision Variance would not be necessary since the lot width along the street for the proposed lots would be 80 feet and 111 feet. Both lots are over the minimum lot area requirement of 10,000 square feet, as Lot 13B is proposed with 16,450 square feet and Lot 13A is proposed with 11,477 square feet. The applicant's proposal is also similar to a Subdivision Variance request approved by City Council in 1997 for the adjacent property to the east. Staff concludes that due to the unique natural character of Broad Bay Island and the past practice of situating lots on private rights-of-way, evidence of a hardship justifying a variance to the requirements of the Zoning Ordinance exists. Michael Megge and Lynnette Hume Page 2 of 2 There was opposition to this request. . Recommt:mdations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. When the property is subdivided, it shall be subdivided in substantial confonl1ance with the plan entitled, "Subdivision of Lot 13," prepared by WPL, Landscape Architecture, Land Surveying, Civil Engineering, dated December 16, 2008, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the existing house on the site is demolished, the applicant shall meet with the adjoining property owners to determine a style of six-foot high privacy fence acceptable to the said owners. Such fence shall be installed along the property line between the subject site and the adjacent property owners. Said fence shall be installed within 45 days after the demolition of the house. 3. Prior to obtaining a building permit for a house on either of the two proposed lots, the developer shall meet with the adjacent property owners and the owners of the properties on the western side of Hackberry Street for the purpose of reviewing the plans for the house and site. . AttachmEtnts: Staff ReviE!W Disclosure Statement Planning Commission Minutes Location Map Recommended Jl~ction: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ City Manilger~-..(!.~ l-. ~~ II #1 March 11, 2009 Public Hearing APPLICANT: MICHAEL MEGGE & L YNNETTE HUME PROPERTY OWNER: MICHAEL LAMAINE STAFF PLANNER: Carolyn A. K. Smith REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS I DESCRIPTION: 2032 Hackberry Road GPIN: 1499680186 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 27,927 square feet AICUZ: Less than 65 dB DNL Existing Lot: The existing lot consists of 0.641 acre (27,927 square feet) and has one (1) single-family dwelling on it. SUMMARY OF REQUEST Proposed Lots: It is the intent of the applicant to subdivide this site into two (2) residential lots and to construct a single-family dwelling on each lot. In order to construct the dwellings, the existing house would need to be demolished, as the proposed lot line goes through the house. Access to the site js proposed via Hackberry Road, which is a 12-foot wide private street. Since Hackberry Road is not a public right-of-way, neither the existing lot nor the proposed lots meet the requirement of the R-10 Residential District for 80 feet of lot width on a public right-of-way. Thus, a Subdivision Variance to lot width must be obtained to create the proposed new lot. Item Lot 13A Lot 138 Lot Width in feet 80 0" 0" Lot Area in square feet 10,000 11,477 16,450 "Variance required MICHAEL MEGGE AND LYNN HUME I MICHAEL LAMAINE Agenda Item 1 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAt~D USE: Single-family dwelling SURROUNDINlG LAND USE AND ZO~nNG: North: South: East: . Single-family dwelling / R-10 Residential District . Single-family dwelling / R-10 Residential District . Hackberry Road . Single-family dwellings / R-10 Residential District . Single-family dwellings / R-10 Residential District West: NATURAL RESOURCE AND CULTURAL FIEATURES: The site is located within the Chesapeake Bay watershed. There are no known significant natural resources or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Hackberry Road is a private street with a 12-foot wide right-of-way. No plans for acquisition or upgrade of the street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Hackberry Road No Data Available No Data Available Existing Land Use ~ - 10 ADT Proposed Land Use 3 - 20 , Average Daily Trips 2 as defined by one single-family dwelling 3 as defined bv two single-familv dwellinas WATER: This site has an existing water tap that may be used or upgraded. There is a four-inch City water line in Hackberry Hoad. The proposed new homes must connect to City water. SEWER: This site is currently connected to City sanitary sewer. There is a six-inch City gravity sanitary sewer main in Hackberry Road. The new homes must connect to City sanitary sewer. Section 9.3 of the Subdivision Ordinance states: No variance slhall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. MICHAEL MEGGE AND LYNN HUME I MICHAEL LAMAINE Agenda Item 1 Page 2 I I, Ii C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self. inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. Comprehensive Plan: The Comprehensive Plan designates this site as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non- residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: Due to topography and natural resource constraints, lots throughout Broad Bay 'sland vary in regard to size and shape, with many being larger than the minimum required for the R-10 Residential District. Additionally, the dwellings in the area also vary in age, style, and size. The subject lot has an older home on it that the applicants plan to demolish for the purpose of subdividing the lot for two new homes. Hackberry Road is a 12-foot wide private street, and, as such, all lots along this street do not meet the minimum lot width requirement of 80 teet on a public right-of-way. By ordinance, these lots have zero (0) teet ot lot width. Thus, a Subdivision Variance to lot width is necessary to legally create the proposed additional lot, as it will have no lot width on a public right-ot-way. While Hackberry Road is private, it functions as though it were a public right-ot-way. If Hackberry Road were a public street, a Subdivision Variance would not be necessary since the lot width along the street for the proposed lots would be 80 teet and 111 feet. Both lots are over the minimum lot area requirement of 10,000 square feet, as Lot 138 is proposed with 16,450 square teet and Lot 13A is proposed with 11,477 square feet. The applicant's proposal is also similar to a Subdivision Variance request approved by City Council in 1997 for the adjacent property to the east. Staff concludes that due to the unique natural character of Broad Bay Island and the past practice of situating lots on private rights-ot-way, evidence of a hardship exists; therefore, staff is supportive of the request and recommends approval with the conditions below. MICHAEL MEGGE AND LYNN HUME I MICHAEL LAMAINE Agenda Item 1 Page 3 CONDITIONS 1. When the property is subdivided, it shall be subdivided in substantial conformance with the plan entitled, "Subdivision of Lot 13,. prepared by WPL, Landscape Architecture, Land Surveying, Civil Engin1eering, dated December 16, 2008. which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Furthttr 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 appHcable City Codes and Standards. MICHAEL MEGGE AND LYNN HUME I MICHAEL LAMAINE Agenda Item 1 Page 4 I I, " II AERIAL OF THE SITE MICHAEL MEGGE AND LYNN HUME / MICHAEL LAMAINE Agenda Item 1 Page 5 o a.. 01( ~~ z- o~ j::.:.; 01(>1 0:': o ..J (...,"__..~_'"__ l~ avo", " VB aVO"'B .1 ,r It ~. ~ IN I!~ ,,11m 'i1iat -<< , .~ ~_&', !!~! <!.i , <V' ~ S~.(>>I ~;. !II, 'i!!iil' ;'i ,,~ ","II~ ~G..I .....lIi~ ~& ;~ oJ t '"' o ~I~:; - rn ~ ~b ili lil..J :> rn Eo- .. z ;;: o_\; ~ .... ..... ,..> ........ - ..... ..'" < .~ a:I =m ~ a!:! < Z!!i o li! ~ - I:tl > 1=1 'I- ;J aOG .t, IW~ ,,;, ill -I' ~II M ,I. il!1 1111 lirg ,llr 1~lli illl_, :'11: i i sI 3 . L ~ ~ 2~~~ ~:~? PROPOSED SUBDIVISION : ~ j'= "11 ...!i, .9~' I~ .<< .. ~ ~ < o III ~ . 0 f Q. < o a: (!J d. ..."IIJI "9"" 1i ; ~.. ! I-i ~ ~ J .!~ii I I ,,~d t i. · '.1<111 if i' U.I~ U il~b;! " !.~~- l Ii . I"gr- l "; p. il;~~ r Ir ;1 bU.~' ,~ ~"I i:'i~ II ~ 1I IdSi!-:; -a i:1511 iI, 'I ;il,r I! I! I I.'a' ~~ Ii i f& !I~ei I! I~ . 15 "I'tl -w " ~ II I"~.~ if wi ~ ge Bill! -II; ! ~ i i il II~.~:I · ~ ~ : i ~2. I I ~i 1;1;1; i: !: I ' Ii · lb. ~B i I 9'"' it " i t i .hl ! I. !X i:i : ~, MICHAEL MEGGE AND LYNN HUME I MICHAEL LAMAINE Agenda Item 1 Page 6 ~ . l'~ t:...2t~ .9~f Ji.<< I I, " Ii Michael Me N j BROAD BAY 1 2 01/28/97 05/13/97 Subdivision Variance Subdivision Variance Granted Granted ZONING HISTORY MICHAEL MEGGE AND LYNN HUME / MICHAEL LAMAINE Agenda Item 1 Page 7 ~ DISCLC)SURE STATEMENT I APPLICANT DISCLOSURE If the applic~nt is a corporation, partnership, firm, business, or other unincorporated organizatioln, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) 2, list all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A [{] Check here if the applicant is NOTa 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. trusteels, partners. etc. below: (Attach list if necessary) 2. list all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) [2] Check here if the property owner is NOT a corporation. partnership, firm, business. or other unincorporated organization. , & 'J. See next page for footnotes Does an .:>fficial or employee of the City of Virginia Beach have an interest in the subject land? Yes J:L No JZL If yes. what is the name of the official or employee and the nature of their interest? Subclivision Variance AppIiC8tion Page 9 of 10 Revised 3/11108 z o I I !< u I t ~ ea ~ u ~ Z o I I CI":) EE Q ~ ;:::J CI":) MICHAEL MEGGE AND LYNN HUME I MICHAEL LAMAINE Agenda Item 1 Page 8 I Ii" II z o I I ~ U ~ ~ ~ U ~ z o I t CI':J E ~ e:Q ~ c:I':J I 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 i1 necessary) Remax Realty WPL - Landscape Architects, Land Surveyors, and CMI Engineers Sykes, Bourdon, Ahem & Levy, P.C 1 "Parent-subsidiary relationshlp"means -a relationship that exists when one corporation directly or Indirectly owns shares poseesslng more than 50 peroent of the voting power of another corporation: See State and Local Government Conflict of Interests Act, Va. CocIe f 2.2-3101. 2 "Affiliated business entity relaticmshlp. means -a relationship, other than parent- SUbsidiary relationship, that exlatl when 0) one buslnessenttty has a controlling ownership Interesl In the other business entity, (U) a con1rOllingowner In one enll1Y Is also a controlUng owner in the other entity, or (iii) there Is Shared management or control between the bUsiness entities, Factors that should be considered In delennlnlng the existence of an affiliated business entity relationship include that the same per80n or substantially the same person own or manage the two entitles; there are common or commingled funds or .assets; the business entities share the use of the same offices or employees or oIherwlseshare adMtles, resources or personnel 00 a regular basis; or there Is otherwise a ct068 working relaUonshlp between the entities." S.. State and Local Government Contlk:t of Interests Act, Va. CodeS 2.2-3101. CERTIFICATION: I certify that the intormalion contained hentln Is true and ac:wsate. I understand that, upon reoeIpt of notificatiOn (postcard) that the application haS been scheduled for public hearing, I am respclI"l$ible for Obtaining n posting the ntqUred sign on the llIbjed property at Iebt 30 days pl'iortothelCtleduled publlchearing.ec:cordIng to the in8tn.IelIonIln.thIa package. The undersigned also consents to entry upon the tubjeCt property by employees of the Department of Planning to photograph and view the slle for PUf'POM$ of processing and evaII.1atlng this applicatiOn, .~~~/ Appllcent's SIgnature 'i M<';ii7::~ Property r's SIgnature (If different than applicant) Mlchael Megge PrInt Name MichaellamaIne Print Name SUbdlvillon van.oce Apf.'lIlcaljon Page 10 of 10 RlMIIed 711112006 '" f f-: . ......... ~ MICHAEL MEGGE AND LYNN HUME I MICJo::fAEL LAMA1NE . ~~. ry q Agenda Item 1 P~g~ 9 ~ ~":j::-'\. '\.. '<~ Item # 1 Michael Megge and Lynnette Hume Subdivision Variance 2032 Hackberry Road District 5 LYzmhaven March II, 2009 REGULAR Donald Horsley: The next item on the agenda is item 1, Michael Megge and Lynette Hume. Eddie Bourdon: Mr. Secretary, for the record, my name is Eddie Bourdon, I'm a Virginia Beach attomey and I'm representing on this application the Rutger Family who haven own this piece ofpropelty for approximately 50 years. Michael Lamaine is the son-in-law of the Rutgers, who built that house that is there, and Bob Rutger their son, as well Michael Megge and Lynnette HUffile, who are the purchasers of the property, who are also the neighbors. Mike and Lynn livle here (pointing to PowerPoint). This is the Rutger property on Hackberry Road that is proposed to be divided into two lots. If you could leave that map up there, I will be referring to that from time to time. The two proposed lots, the northern most lot 13B, has III feet of frontag1e or width on Hackberry Road. The southern Lot 13-A, has 80 feet of frontage. This southern lot has over 11,400 square feet of flat area. The northern lot has over 16,400 square feet of lot area. Both exceed all the requirements of the R-I0 zoning district to ( which all the prope:rty that you see on that zoning map is located. Now, Broad Bay Point was subdivided in 1948 by Clyde Absolom. When I was awful young actually, I knew Mr. Absolom, family rfelations, etc. He is quite a character. When he did this subdivision, there was no subdivision ordinance in Princess Anne County. None existed. The roads are shown on the plat, and I have the original plat, a copy of it, these roads are shown as 12 foot right- of-ways., but in thf;l notes they indicate that they are "private roads". There are no easements or anything of that nature. That is what they show on the old plat. The reality of it is that the City of Virginia Bleach, which came to exist some 15 years after this plat was recorded, the City has maintain this road, as well as the others you see on here. There is City water and City sewer in these roads. Most importantly, and I have th.e plat, and I'll be happy to share it with everyone who wants to see it. I will start here with Long Creek Road. You see here five homes. On the original plat there were three lots. It has been subdivided since that time on this private road. I don't believe any variances were obtained to do so. On this block, originally, there were a total of five lots, now there are nine. Nine homes through subdivision also on this similar right-of-way shown on the plat. Whether they are public or private they are maintained by the city. There is City water and City sewer in all ofthem. These lots, in particular, are similar to what you see here. And there was another division here and division here. On Bay Road, there were originally three lots and this was a subdivision that was done on Bay Road, for there was a variance, as is the case being required here because this road arguably wasn't a public right-of-way. That is what we are doing here, which is actually the last of those opportunities that exist here. There has also been a division of this lot at some point. That is not on the original plat. The area has ( completely been re-subdivided since 1948 to create lots that are in keeping with the R -10 I " I' Item # 1 Michael Megge and Lynnette Hume Page 2 zoning category. Dividing this lot into two lots is exactly in keeping with the character of the area, as you can see what has happened for the last 60 years on this piece of property. In addition, there is something that is called the "Byrd Act," which I've used in the past. I didn't file this application to argue that these are actually public streets to begin with, because of the City's maintenance of those streets and the City's sewer and City water that is in those streets. I'm not going get into all that. Anyway, that is why we are here. The fact this property was divided in these right-of-ways are of some question, as to whether they are private or public? Even though they are used by the public and maintained by the public. Water and sewer are public utilities that are in them. That is the only reason why we are here. The lots meet every other requirement. It is consistent with the character of the neighborhood. The traffic is, at least by both the Rutgers. They've deceased, their son and son-in-law and his wife. They will tell you that there is no traffic issues out here, as well as Mr. Megge and his wife, who live there. Traffic is really hard-pressed to be considered a significant issue in this particular case. And the hardship is because this plat was recorded before there was a subdivision ordinance, and back when things weren't done, I guess as cleanly or professionally as we presume that we do things today. The lot meets all the requirements other than the fact that it is on this 12-foot road that was "private" according to notes on that plat. No one owns it. There is no GPIN number for it. I'll be happy to answer any questions that any of you may have. The conditions that staff has recommended to you. They are favorable recommendations and are acceptable to the applicants. Janice Anderson: Thank you. Are there any questions for Mr. Bourdon? Eddie Bourdon: Thank you very much. Donald Horsley: The first speaker in opposition is Cory Hill. Janice Anderson: Welcome ma'am. Please state your name. Cory Hill: My name is Cory Hill. I live at 2712 Broad Bay Road, which is the comer home. This is Hackberry Road. I live there. Janice Anderson: Okay. Cory Hill: I would like to address what this attorney just said about who he is representing. The son or the son-in-law, and neither one of them live at the property. The mother lived there and she died recently. The son lives out of state and has lived out of state for over 20 years. And, the son-in-law lives somewhere, I believe in the Princess Anne District. So, neither one of them live there. When they address that there are not traffic issues, in fact there are many traffic issues that I've heard complaints from the son-in-law, who is around a lot. The fact is that there is very little room to park on this street. Mike subdivided this property right here (pointing to PowerPoint) and there is a like a ten. It is exactly 10 feet from there to the garage. If the car is a little bit out of place, you can't drive down the street. You have to come on to my property or beep the people out of way. And Mike has lived at this end property for about 2 years while he was subdividing this property. He actually goes ( ( ( Item # 1 Michael Megge and Lynnette Hume Page 3 35 mph down the street. Dogs and children have been in the way, and have been at risk of people coming down the street primarily Mike and his wife, because they have changed the flavor of the neighborhood greatly. I don't know how long they plan on living there. They think they are permanent residents or would like people to think they are permanent. I doubt that highly. They try to subdivide the property but it was on the water so they have been prevented from doing that. They had the one home where they now reside. They come fairly quickly down Haekberry. They are not neighbors. They don't wave. They don't say hello. They pretty much ignore everybody on that street. Let me tell you how many homes are on that street. There is my home. There is the home that is looking to be subdivided. There are three homes. The: King's home, who have pretty much there an elderly couple, and I believe they have agreed to sell the property to Mike if they pass on. This house is really on White Hill. That house is really on White Hill, so they don't count. And this house is about to buy is like Hackberry.. There are five homes that we are talking about. If two homes are built, it will nearly doublc~ the traffic on this road. Because lets say they each have three cars. These are fairly big homes. So you have two cars, two cars, six cars. I don't use the road and they have two cars. So they Can potentially double the traffic coming down that road. I want to do an analogy wi1th working with Mike and living through a subdivision for the last three years with these two properties and his own. I am going to relate it back to being school. If you're in a classroom, and there is one kid that acts out, the only way that kid remains under control is when the teacher is in the classroom monitoring them. And they try to get away with as much as they can when that teacher leaves the classroom. And you walk in and everyone gets in trouble because of this one kid. Then people will be perturbed. It happens in camp. People will be ignored. If it happens a third time, people with that kid would be removed from the classroom. My experience with Mike is that he follows the rules and regulations in building when he is monitored. I've had to call on his building maybe 20 or 30 times to find the different regulatory bodies to make sure that he is following the rules correctly on his building. His trucks have ripped up my property when he was subdividing when he was buill ding his house instructed his vendors not to park on property at the end of the road, but to park on my property or at the end of the road. They ripped up my yard three times. Twice I replanted it, and then I gave up. He has his heavy trucks parking up and down the street but nowhere where it affects his property. He is hard to work with. Not only was there not a variarlce sign put up to inform the neighborhood of this variance. You know the orange sign that you are required to put up. You know that orange sign that the Planning office has pictun~s of, drops down flat. Now Mike goes up and down the street probably 10 times a day. Fivle times up and five times down. He saw that this sign was knocked down. He did nothing to go and put it back up. Where's the house? Right there? So, the sign was right there. It was lying flat. It is still lying flat. He has never gone to correct it. He sees it all the time. He never goes to hang it back up. So, until he is told to put it back up, he won't take it upon his own diligence to correct the matter. Janice Anderson: Ms. Hill you are past the time. Could you wrap up? Cory Hill: Yes. I want to say that the Planning Commission based it on when it was subdivided, but this was 10 years ago. The flavor of the neighborhood has changed greatly since then. There were absentee owners in all the houses surrounding that. There are owners I i j Ii Item # 1 Michael Megge and Lynnette Hume Page 4 ( that live out of state. There is nobody to say that they didn't want that to happen. I will be the house most affected by the building of this home. It will take away all the privacy. They will, and I'm concerned with and ifhe is given the go ahead, I want HV AC on the interior property. I would like a very tight height regulation made. He likes to build them higher or three stories. I would like it to be kept to two-stories, which is what should be in the neighborhood. No more than 35 feet. I would like a privacy fence so the flavor of the neighborhood does not change. A privacy fence with outside landscaping with evergreens, no decks put on all floors so that they can overlook the surrounding property because they will put decks on three floors. I would like the garages mandate that they face Hackberry Road, or that they are also interior parking for the driveway so that I can have a driveway facing my house and have potential oflooking out over trashcans. Another parking lot and driveways, and all vehicles, if it is under construction to be parked on that property, and that any damage that they do, the repair must be made to landscaping. All landscaping must be repaired surrounding homes or building damage or otherwise because I asked Mike to replace landscaping. He never will go around to the neighbors and let them ask for this variance. He is very much to himself. One house he did subdivide. They had major damage done to their property. They had to research it and find out that he was responsible for it. While I was being flooded, his wife and him went by and all he said to them is that you're blocking the road. They didn't wave to them and ask them if everything was alright. They had to deal with $50,000 worth of damage one year after moving into their home. Janice Anderson: Thank you Ms. Hill. Are there any questions? Cory Hill: If you have any questions, I'll be happy to answer them. Janice Anderson: Thank you ma'am. Donald Horsley: Kevin and Marianne O'Rourke. Marianne O'Rourke: Good afternoon: I'm Marianne O'Rourke. I live at 2009 Bay Road in the back of the house that is being proposed. My husband and I are just concerned more or less height-wise because our land is right up to it. We do have a pool in the backyard. I mean, height-wise, I would not like to see a big thing staring out at me. So, we were just wondering if we could defer for at least 30 days so we can see what Mike has planned. Just to see what kind of plans he has and understand what he might be putting back there, and how he is going to do it for drainage purposes in keeping with the neighborhood. We have just a couple of concerns on how it is going to impact us. I would ask the Commission just see if we could postpone it for 30 days and he can kind of give us an idea of what he proposes. Janice Anderson: Your request is to see the elevation of what he wants to put there? ( Marianne O'Rourke: Yes. I would like too. I have a big house next to me where we purchased the land. We purchased it and subdivided it and it is fairly. I mean it's on the side of me. So it really doesn't affect me. This is going to be right smack of my backyard. Ifit's Item # 1 Michael Megge and Lynnette Hume Page 5 ( great, then fine. I don't want to see a big three-story. I prefer not to see a big three-story house in the backyard. Janice Anderson: Okay. Are there any questions? Go ahead David. David Redmond: Can you show us with that pointer where your house is ma'am. Marianne O'Rourke: Yes. I'm on Bay Road. David Redmond: That aerial will work just as well. Marianne O'Rourke: I think I am right here. I'm number 14. This house right here is a three-story home, which was built after the owner we bought it from subdivided it. I think this is going to backup right to our fence, which we do have a pool area. I'm more just concerned what I am going to be staring at so to speak. David Redmond: Stephen, can you back to the aerial for a minute please? Where are you on that? Can you see your roofline? Thank you again Mr. Bourdon for the second time. Marianne O'Rourke: Thank you. That is really my main concern. Ifwe can just see what he has planned in the next couple of days or whatever, and height-wise maybe we can put a height requirement on it that he go not so high. Janice Anderson: Okay. I believe Mr. Henley has a question for you. Al Henley: Yes. Is your home the one that is under reconstruction now? Marianne 0 'Rourke: Yes. Al Henley: How many stories are you adding? Marianne O'Rourke: Just a single floor. Now it is only going to be two. Al Henley: Two stories. Okay. Are you going to have any decks or anything on yours? Marianne O'Rourke: No. We already have a deck already existing. It is going to come off and we're having a small deck that is going to be facing our road. It is not going to be in the back. We haven't done anything to the back except add a master bedroom and another bedroom on top. Al Henley: Okay. Thank you. Janice Anderson: Go ahead Gene. ( Eugene Crabtree: Looking at your house and looking at the left back corner of it on the Ii, II : I Item # 1 Michael Megge and Lynnette Hume Page 6 backside of your house, how far is that away from your property line? How close does that comer come to your property line? Marianne O'Rourke: I think it is very close. I'm not sure of the actual. Eugene Crabtree: You've built almost on top of the property line to the back of your property? Marianne O'Rourke: We haven't built anything. Eugene Crabtree: No. But the way the house sits there shows that corner sits just about on the property line or pretty close to it. Marianne O'Rourke: Right. We didn't change any of that. Eugene Crabtree: So, you are to the rear of your property? Marianne O'Rourke: Right. We're to the rear of the property and our roof was a flat and we just popped something on top. Eugene Crabtree: Okay. ( Janice Anderson: Thank you. Marianne O'Rourke: Thank you much. Janice Anderson: Okay. Thank you. Are there any other speakers? Donald Horsley: There are no other speakers. Mr. Bourdon? Eddie Bourdon: Thank you. Let me talk about one thing and then I'll get into some of the more constructive things. And that is I've known Mike Megge, and our firm has represented him for many, many years, and he has a excellent reputation. If ariyone wants to check with the Building Inspection folks in Virginia Beach and determine ifhe's ever been cited for any violation, I would suggest to them that hasn't happened. So some of the things that were said, and the idea that he "instructed' his people to park on Ms. Hill's property, that is just a fabrication. Now it is unfortunate. Cody Hill: No it's not according to the construction people. I'm not a liar. I'm not. Eddie Bourdon: It's unfortunate. Janice Anderson: Ma'am, one speaker at a time. Item # 1 Michael Megge and Lynnette Hume Page 7 Eddie Bourdon: So, let's dispense with that. If you look at the fact that on Hackberry with this division of property, there will be a total of five homes that utilize Hackberry. If we look at Bay Road, similar circumstances, completely similar, there are at total of nine homes versus five that use Bay Road similarly Long Creek Road. It's the same scenario. And again, a total of nine homes that use that road versus there will only be five that use Hackberry Road. These properties are not in the CBP A. There cannot be any division of this property along the: water now because of the CBP A restrictions. So, this is the last of that potential, so five would be it. The estate is selling the property. The Rutgers, who lived there for 50 years,. as Ms. Hill was correct, recently passed away. The estate is selling the property. My client has no intention of developing these two lots immediately It could very well be a number of years before that happens. They are doing it as an investment, and similarly, they are: living here, and intend to live there for years and year to come. So, they don't actually have a plan to develop the property. They have no aversion whatsoever to sharing the plans for the two homes prior to the construction of either of them before doing so with all of the neighbors. They have no objection to when this property is redeveloped, placing a privacy fence along the boundary line with Ms. Hill's property or whoever owns that property when this property is developed. The pool on the O'Rourke's property in this area, which is pretty visible from the aerial, again the house that will be built on this lot, which is a lot that is almost 50 percent larger than the R-I 0 zoning, it certainly would place the house in a way that should not impact. Actually, their house shields their pool from the way it is situated. But none of those plans are done at this point. Frankly, they won't be for some time to corne. But the estate, in order to sell the property, and get the highest and best use that is what this is for. If we had a plan, we would be happy to show it. But we do not a plan. At this point, as to how the houses will be situated. The height limitation in the R-IO district is 35 feet. And, the way our Zoning Administrator measures height, you measure that from the lowest point on your property, which actually results in heights being held down without going to get a variance because of the topographic conditions. So, I don't see where the height issue is a question. At this point, we don't know what the houses will look like, and they may be built a custom basis for a buyer until we are in that position to show them a plan. But we will be happy to share it with them. We will be happy to put up a privacy fence when the property is redeveloped. Janice Anderson: Are there any questions for Mr. Bourdon? So, you don't have any elevations to share right now? Eddie Bourdon: No. Frankly, it is very unlikely, very, very unlikely that anything will happen for at least 18 months with regard to this piece of property. It could very well be longer than that. Janice Anderson: Thank you. Ms. Hill, do you have any new information? Cody Hill: I just want to say that... t, Janice Anderson: No ma'am. You have new information? I i l II I, I Item # 1 Michael Megge and Lynnette Hume Page 8 Cory Hill: Yes I do. Janice Anderson: Do I have a sponsor for Ms. Hill? Please come up forward. Cody Hill: I just wanted to say that it is questionable. Ed Weeden: Ma'am, state your name for the record again. Cory Hill: Cory Hill. It is questionable if there is really room to subdivide two homes. Where this home ends, there is hill that slopes down probably 12 feet. And there is a flat piece of land here. In order to put two homes there, he would probably have to put this second home up on the pilings, which would make it even with where there was room to make it two lots so he could make it even with where the hill is. And that could potentially make this home three or four stories, it could totally block my entire privacy. All I would have is one rooming house in my backyard, a house that will engulf everything. That is all that I would see with no privacy. Janice Anderson: Thank you. I believe, and you can check with Planning, there is height restriction. Cory Hill: Unless they got a variance. Janice Anderson: That is correct. Then they would have to come back, and you would get notice of the variance. That is correct ma'am. Cory Hill: I would like it to be put down no variances. Janice Anderson: There is no variance before us today that I understand. It is well noted. Cory Hill: I don't want to go by somebody's word. That is so uncomfortable. Janice Anderson: There are inspectors that come out and verify the height of the new construction. Cory Hill: When they were subdividing these two houses, the inspector retired immediately after it, so I don't even know if that inspector came out as often as he said he did. He just left. Janice Anderson: You can give him a call, and they will come out there. Cory Hill: Unless he is not retiring. Janice Anderson: Ms. Katsias has a question. Item # 1 Michael Megge and Lynnette Hume Page 9 { Kathy Katsias: Ms. Hill, would it be agreeable if the applicant and put up a fence now prior to construction. Cory Hill: You have to know how all that house is going to be. Kathy Katsias: VVe're not talking about a fence to block the house. I'm talking about a fence to create some sort of privacy between you and the other house until construction commences. Cory Hill: No. That is all there is. There is privacy now. There is a lot of privacy. A fence would not make lmy sense. Kathy Katsias: Okay. Cory Hill: You have to see the topography to understand. Kathy Katsias: .We've been up there. We've seen it. Cory Hill: So you know that it slopes down and where would they put the fence? On the flat part or on the hilJl? Kathy Katsias: I was just asking the question. Cory Hill: That is what I'm saying. Where would the fence go? Janice Anderson: Mr. Crabtree? Eugene Crabtree: One thing. This application before us today has nothing to do with building. It has to do wi,th nothing but subdividing that lot. Cory Hill: And that is what I'm talking about. Eugene Crabtree: The building has no implication whatsoever; so, talking about houses or future building that will have to come back at a later date. Weare not even accepting that; so, anything you say to that is on deaf ears. Cory Hill: Thank you. Thank you for reminding me. When they subdivide those things... Okay. Thank you. I wish you would have told me that earlier, because maybe I wasted a lot of time. It is has everything to do with subdividing. Eugene Crabtree: That's all. ( Janice Anderson: Thank you. Thank you Ms. Hill. I'll go ahead and open it up for discussions. There are no further speakers. Jay? I ,. I' i,1 Item # 1 Michael Megge and Lynnette Hume Page 10 ( Jay Bernas: Since this is a subdivision variance and, you know we can attach conditions, I mean what can we do from a condition standpoint to alleviate some of the adjacent neighbors concerns? I don't know how they are going to regrade the lot. I know Eddie had kind of rattled off a bunch of different things that he thinks his client would be amenable to doing, but I'm just not sure of how to craft that. Janice Anderson: Mr. Bourdon would there be any conditions? Eddie Bourdon: One that you can certainly place on it that we have no objection to is, well two. The first would be when the property is redeveloped, when a house is built, a new house is built and the existing house is torn down. That would have to happen before anything could be built on it. When the existing house is demolished that we would put, first off, we would meet the neighbors and agree on the type of privacy fence, and we're happy to put up a privacy fence on the boundary line between us and Ms. Hill's property. And I don't know that the thoughts are with regard the two homes on Bay Road. We certainly don't have a problem with, at that time, putting up a privacy fence if one is desired by the owners of the adjacent properties. The other thing that we would have no problem whatsoever doing, and I don't know how you put it in a condition, is going over the plans with all of the adjacent property owners, as well as the property owners on the opposite side of Hackberry so they see what is planned. I don't have any problem with that. Beyond that, I don't know what other conditions. We haven't done engineering to detennine how the drainage is going to work: That is going to happen well down the road. Beyond that, and we can certainly go over those plans with the neighbors at that time, but that is the same thing with the building plans. We can go over the drainage plans. That is not a problem. Janice Anderson: Thank you. Does that answer your questions? Eddie Bourdon: And on these infill situations, that is what we encourage, well at least I do, the builders to do all the time. Go over and talk to the neighbors, and tell them what is going to be happening. They may not like it, but at least they have it up front rather than being in the dark. Janice Anderson: Thank you. Are there any other comments? Eugene Crabtree: I make a motion that we approve the application as submitted. Janice Anderson: Do you want to add conditions? Eugene Crabtree: Yes. ( Janice Anderson: Your motion would include approval of the subdivision, but with conditions that once the existing home is demolished on the site, that the owner of the property would meet with adjacent property owners with regard to installation of a fence, if desired. And secondly, also give notice to adjacent property owners of the plans for construction. Item # 1 Michael Megge and Lynnette Hume Page 11 Eugene Crabtree: Yes. Janice Anderson: Okay. So, we have a motion by Gene Crabtree and a second by Kathy Katsias. I would just like to make a statement. I know that I support the subdivision, but I hope that the applicant will take care in building this site. It is a very narrow road so any kind of construction or extra car on the road does cause huge congestion. It is a beautiful area. It is a great neighborhood so extra care could be done during the construction not to disturb the other neighbors. Cory Hill: No. Kathy Katsias: I'll sponsor Ms. Hill. Janice Anderson: Is there any other comment? Cory Hill: Yes. I do. Janice Anderson: Ma'am, we're already finished. No more comments. Cory Hill: You didn't take into an account the third person on this block that is opposing this. There are three houses that are opposing it. We're all opposing it. You didn't even hear their comments. There is nobody that wants this on their block. Janice Anderson: Ms. Hill we heard everyone that came up ma'am. We're in discussion now. Thank you ma'am. You can have time at Council. This will be heard then. Cory Hill: You didn't take into account any of my concerns asking a man who doesn't care and lies to me to take responsibility for something that he never wanted to take responsibility for isn't good enough. Janice Anderson: Thank you ma'am. Are there any other comments? Donald Horsley: We only had two speakers registered. Cory Hill: Why did you question me? You knew that you were going to approve it Janice Anderson: Ma'am. That is out ofline. Thank you ma'am Cory Hill: Some democracy. Janice Anderson: She got to speak didn't she? Are there any other comments? No. There is a motion on the floor. ( AYE 11 NAY 0 ABSO ABSENT 0 I I, II Item # 1 Michael Megge and Lynnette Hume Page 12 ( ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS LIVAS REDMOND RIPLEY RUSSO STRANGE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Michael Megge and Lynnette Hume with the additional condition. Janice Anderson: Thank you. OLD BE,ACH FARMERS' MARKET Map L-6 M c: 1 Old Beach Farmers' Market OD Not to ~co e \' ~ ~~\~~ ~~~~~~~\~r~~~ Pd ~ ~7 ~..., ~ )'t ~ \" !=' 0 ~ '~~ II ,re'~ ~ ~~7.{ ~_~' ~ F1 ~ I ~ '" iIl.l ~ II \~ ~.. ~ . .... ~~ ..- I' ~ k- ~ ~~' ~! 191h':'"1:J ~ ~ ~ '" ~ ~ -=--.C) \1 \ ~ ill ;;! ~ ~ ,r rrJ.-l; ~ cr. (" ~ " -{ ~ "'~ =- --=oil ,j 5d~ t;: n 1.\... ,- ::...- .....\~ '" II ~- ~~~~"~-~~~~~ ~ l,~~~ J :~~ ~ " ~,\ ~ I""'" -. "1 'f ~ f'_ '" 1,"'\ '- "" U7l~~~ 1 n ~~c ~~ t(" ~ 1 ~~i ""'" I :~ ~ ~ ~ fll-~\ _____~ ~ ~~tr r ~ __~ ffR:\O\ CUP - (Outdoor Farmers' Market) Relevant Information: · Beach District · The ~lIpplicant requests a Use Permit for an Outdoor Farmers' Market. · Marklet vendors sell regular and organic fruit and vegetables, all- natur'al meat products, and similar products. · Marklet will operate on Saturdays from Memorial Day through mid- December. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. I I, Ii , ~~.":'\~ .{~~~% fll':I. \..'€ (f: - ~r,.) \u. .~, .\- :., \~~::~ - .A.t~!/ ~.4.'''''''''.'....#~ l..~~.:.~-.# """ \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: OLD BEACH FARMERS MARKET, Conditional Use Permit, outdoor farmers' market, 620 19th Street. BEACH DISTRICT. MEETING DATE: April 14, 2009 . Background: The applicant requests a Conditional Use Permit to allow use of a portion of the parking lot at 620 19th Street (Crocs 19th Street Bistro) for an outdoor farmers' market. The market, which calls itself the Old Beach Farmers' Market, is a non- profit organization that is dedicated to providing a place in the Resort Area for residents and visitors that accomplishes the following: . Encourages people to eat locally grown or produced foods and educates people about local, fresh, and sustainable foods; . Promotes local family farms, watermen, and Virginia wineries; and . Connects local sources to chefs, restaurateurs, and the public. The market operated at this location during the 2008 season (May to September) with a Peddler's License. That license expired, and the Zoning Administrator determined that a Use Permit is necessary for this use to continue. . Considerations: Products sold at the market include vendors selling regular and organic fruit and vegetables, all-natural meat products, home-grown flowers, home-baked goods and pastries, local seafood, clams, and oysters, homemade cookies, Virginia wine, organic herbs, and similar natural items. Craft items and other 'hard goods' are not sold at the market. All of the items are grown or produced within Virginia or the Outer Banks of North Carolina. The market is located outside within the confines of the existing parking lot on the eastern side of Crocs 19th Street Bistro. Parking for users of the market is located on the southern side of the restaurant building and across 19th Street within the parking lot for Wave Riding Vehicles and across Cypress Avenue within the parking lot for Wareings Gym. The applicant submitted letters from those property owners agreeing to their use of any surplus parking they may have available. Experience during the 2008 operation of the market indicates that this parking arrangement is adequate. Furthermore, there are a significant number of Old Beach Farmers' Market Page 2 of 3 patrons of the market who arrive on foot or bicycle, alleviating the potential for a negative impact on the surrounding area due to insufficient parking. The market operates each week on Saturday from Memorial Day weekend to the December. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Resort Area Strategic Action Plan (RASAP) designates this area of the Resort as the Central Beach /19th Street Corridor. The arei::\ is planned for pedestrian-oriented, mixed-use development that consists of restaurants, entertainment, retail, residential and similar uses that will serve to transform the area, particularly 19th Street, into an urban corridor connectiing the Oceanfront area with the Convention Center area. An Outdoor Farmers' Market will provide an additional amenity to the residents of this area, as well as an attraction for tourists and visitors to the Oceanfront during the Resort Season. The conditions below will ensure the continued success of the market while maintaining its compatibility with the surrounding area. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The activities of the Farmers' Market shall occur in the area of the parking lot on the eastern side of the main building. 2. Operation of the market shall occur only once per week, on Saturday, between dawn and dusk, during the period between the traditional Memorial Day weekend and the third Saturday in December. 3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at thl9 end of each market day. 4. Parking for the market shall occur in the parking area on the south side of the main building and within the parking lots of Wave Riding Vehicles and Wan~ings Gym, as allowed by agreement between the applicant and those property owners. 5. The market shall not sell craft items or any other 'hard good' type of item. The market shall be only for the sale of agricultural, seafood, and related food products. 6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation I ,. I' Old Beach Farmers' Market Page 3 of 3 that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department LAmJ1l\ CitYManage~ ~ . ~~ ~ REQUEST: Conditional Use Permit (Outdoor Farmers' Market) #10 March 11, 2009 Public Hearing APPLICANT: OLD BEACH FARMERS' MARKET PROPERTY OWNER: 620 19TH STREET ASSOCIATES STAFF PLANNER: Stephen J. White ADDRESS I C'ESCRIPTION: 620 19th Street (Parking lot of Croc's 19th Street Bistro) GPIN: 2417973134 ELECTION DISTRICT: BEACH SITE SIZE: 21,000 square feet AICUZ: 70 to 75 dB DNL SUMMARY OF REQUEST The applicant re~uests a Conditional Use Permit to allow use of a portion of the parking lot at 620 19th Street (Crocs19t Street Bistro) for an outdoor farmers' market. The market, which calls itself the Old Beach Farmers' Market, is a non-profit organization that is dedicated to providing a place in the Resort Area for residEmts and visitors that accomplishes the following: . EncoLlrages people to eat locally grown or produced foods and educates people about local, fresh, and sustainable foods; . Promotes local family farms, watermen, and Virginia wineries; and . Connl~cts local sources to chefs, restaurateurs, and the public. The market operated at this location during the 2008 season (May to September) with a Peddler's License. That license expired, and the Zoning Administrator determined that a Use Permit is necessary for this use to continue. Products sold at the market include vendors selling regular and organic fruit and vegetables, all-natural meat products. home-grown flowers, home-baked goods and pastries. local seafood. clams, and oysters, homemade cookies, Virginia wine, organic herbs, and similar natural items. Craft items and other 'hard OLD BEACH FARMERS' MARKET /620 19TH STREET ASSOC. Agenda Item 10 Page 1 " I goods' are not sold at the market. All of the items are grown or produced within Virginia or the Outer Banks of North Carolina. The market is located outside within the confines of the existing parking lot on the eastern side of Crocs 19th Street Bistro, Parking for users of the market is located on the southern side of the restaurant building and across 19th Street within the parking lot for Wave Riding Vehicles and across Cypress Avenue within the parking lot for Wareings Gym, The applicant submitted letters from those property owners agreeing to their use of any surplus parking they may have available. Experience during the 2008 operation of the market indicates that this parking arrangement is adequate. Furthermore, there are a significant number of patrons of the market who arrive on foot or bicycle, alleviating the potential for a negative impact on the surrounding area due to insufficient parking. The market operates each week on Saturday from Memorial Day weekend to the last Saturday in September. There are also two 'Holiday Market' days, which consist of one Saturday in November and another in December. LAND USE AND ZONING INFORMATION . EXISTING LAND USE: Restaurant and associated parking lot. SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: North: South: . Retail / RT -3 Resort Tourist District · Restaurant and Residential Dwellings I RT -3 Resort Tourist District · Multifamily Dwellings / RT-3 Resort Tourist District · Athletic Club and Retail I RT-3 Resort Tourist District East: West: The site is mostly impervious with pavement and a one-story structure, An area of trees is located in the southeast corner of the site. There are no known significant cultural features located on the site. OLD BEACH FARMERS' MARKET / 620 19TH STREET ASSOC. Agenda Item 10 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): 19th Street in this location is a four~lane undivided minor urban arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 19m Street 4,325 AOT ' 14,800 AOT ' (Level of Existing Land Use ~ - 270 Service "C") - 22,800 AOT / 283 AOT AOT 1 (Level of Service Proposed Land Use - No "Oil) trip generation is available for the proposed farmers' market. Trips will be dependent on number of venders and' the success of the market in attracting customers. Average Daily Trips 2 as defined bv 3,000 SF restaurant (weekday I Saturday) WATER AND SEWER: Site is connected to the City water and sewer systems, POLICE AND FIRE: No comments. Recommendaltion: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Resort Area Strategic Action Plan (RASAP) designates this area of the Resort as the Central Beach /19th Street Corridor. The area is planned for pedestrian-oriented, mixed-use development that consists of restaurants, entertainment, retail, residential and similar uses that will serve to transform the area, particularly 19th Street, into an urban corridor connecting the Oceanfront area with the Convention Center area. Evaluation: An Outdoor Farmers' Market will provide an additional amenity to the residents of this area, as well as an attraction for tourists and visitors to the Oceanfront during the Resort Season. The conditions below will ensure the continued success of the market while maintaining its compatibility with the surrounding area. Staff, therefore, recommends approval of the request with the conditions below. OLD BEACH FARMERS' MARKET /620 19TH STREET ASSOC. Agenda Item 10 Page 3 " I CONDITIONS 1. The activities of the Farmers' Market shall occur in the area of the parking lot on the eastern side of the main building. . 2. Operation of the market shall occur only once per week, on Saturday, between dawn and dusk, during the period between the traditional Memorial Day weekend and the last Saturday in September. The market may, however, also operate a special 'Holiday Market' on one Saturday in November and one Saturday in December. 3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 4. Parking for the market shall occur in the parking area on the south side of the main building and within the parking lots of Wave Riding Vehicles and Wareings Gym, as allowed by agreement between the applicant and those property owners. 5. The market shall not sell craft items or any other 'hard good' type of item. The market shall be only for the sale of agricultural, seafood, and related food products. 6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. 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. OLD BEACH FARMERS' MARKET / 620 19TH STREET ASSOC. Agenda Item 10 Page 4 AERIAL OF SITE LOCATION OLD BEACH FARMERS' MARKET /620 19TH STREET ASSOC. Agenda Item 10 Page 5 III Area of parking lot to be used by Old Beach Farmers' Market Parking at Wareing's Gym ~ __w 19TH STREET (80' R/W) Parking at Wave Riding E Vehicles ~ . fARMERS MARKET SITE PLAN OLD BEACH FARMERS' MARKET /620 19TH STREET ASSOC. Agenda Item 10 Page 6 PHOTOGRAPH OF PARKING LOT AREA TO BE USED PARKING LOT IN USE AS FARMERS' MARKET 1ft OLD BEACH FARMERS' MARKET /620 19TH STREET ASSOC. Agenda Item 10 Page 7 " I MOP~~f t~coJe Old Beach Farmers' Market 'X' /~ ,v~~~~~~ ~~~~~ ~~~~JI' ': ~~~ ~'~\' '~I~)~~ ~~~c- ,~O" ~ .~~lfst ~~ ..\~ ,\~- ~ l~ ~~ ~ i~f! 1~'~.J 1W~ .... ~ ~;~L~ -~ k~~ t<1."" .. ~ ~ ! ~ \\ }~~ ~ \10""1 ~ ,tM C1", ..- '" l~ liiC~ =-~I-'~ T ~ ' ~'1\. ->~t:.--:-::::.c-- \\{ 1- ~ ~ \ _ nl" ~ ~~\D" ,\\'~ \ ~\U l} ~ ~-i'!\~l\ tll~, -\~ \ l\nII~ -- -:dP' Jr;,,~ r~A <'"- · \ I \~ ~ ~~ I~. ItJ:f~~ ~~_'~,-~~ ~ 1llr\J.\ \1 _;:r->- ~ ~~'~l ~~ ~ 0 \ cUP - (Outdoor Farme~' Market} 1 07/05/2000 2 02/09/1993 02/09/1987 3 04/28/1992 4 11/22/1988 5 04/13/1987 6 11/19/1984 Granted Granted Granted Granted Granted Granted Granted ZONING HISTORY OLD BEACH FARMERS' MARKET I 620 19TH STREET ASSOC. Agenda Item 10 Page 8 I DISCLOSURE STATEMENT I APPLICANT DISCLOSURE If the aplPlicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) LAWRENCE W. KLIEWER, JR. - STEERING COMMITIEE CHAIRMAN; BRUCE E, PENSYL, -Sl'4ERING COMMITTEE MEMEBER AND .:r~-ANN.WRIGHTTCOMMIn:EE-MGMSER;-- LAURA W, HABR, COMMITIEE MEMBER 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relath:mship with the applicant: (Attach list if necessary) THERE ARE NONE -------------------------------------------------------------------- o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Completl~ 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 necess~ary) r~~/L1ffm' - -.2k~-f- ~A;' ~2L &i~ ~--------------- 2. list all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) __~~-42L~----------------------- --------------------------------------------------------------------- o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, 1&T See-;lext p;ge for fo~t;ot;s- Does an l>fficial or employee of the City of Virginia Beach have an interest in the subject land? Yes ____ No _2<__ If yes, what is the name of the official or employee and the nature of their interest? ------------------------------------------------------------------ Conditional Use Pennit Application Page 9 of 10 Revised 7/312007 z o I I !< u I I ~ ~ ~ H ~ ~ ~ ~ C,I";) ;::::J ~ o I I F-t I I ~ Z o u OLD BEACH FARMERS' MARKET I 620 19TH STREET ASSOC. Agenda Item 10 Page 9 Z <:> I I ~ (.J I I I , ~ ~ E-t ~ J:;I;:I ~ J:;I;:I CI':) t=:> ~ <:> I I E-t I I ~, Z <:> u " I II 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 jf necessary) KAUFMAN & CANDLES, P.C" PRO BONO LEGAL SERVICES MMA BOOKKEEPING SERVICES, PRO BONO ACCOUNTING SERVICES , "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. CERTlFICA liON: 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 properly by employees of the Department of Planning to Photor#.? th?7-Si r urposes of processing and evaluating this application. _~ &~_ _______ _LAWA:NC:~~L1~~~:~~__ Applicant's Signature Print Name :L.uf~ilk.i&:__~ ,.. _________ ./ /./ Ii.~~__________ Property Owner's Signa~(if different an applicant) ~~ Condibonal Use Pennrt ApplicatIOn Page 10 of 10 ReVised 7/3/2007 OLD BEACH FARMERS' MARKET /620 19TH STREET ASSOC. Agenda Item 10 Page 10 Item # 10 Old Beach Farmt::rs' Market Conditional Use lPermit 620 19th Street District 6 Beach March 11, 2009 CONSENT Joseph Strange: The next matter is agenda item 10. An application of Old Beach Farmers' Market for a Conditional Use Permit for an outdoor farmers' market, on property located at 620 19th Street, District 6, Beach with six conditions. Janice Anderson: Is there a representative for Farmers' Market? Welcome. Doug Cleaver: Good afternoon. I'm Doug Cleaver, Chairman of the Steering Committee for Old Beach Farmers' Market. We thank the staff and the Planning Commission for putting us on the consent agt:~nda and understand and will abide by all conditions set thereto. Janice Anderson: Great. 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 Don Horsley to review this item. Donald Horsley: Okay. The applicant requests a Use Permit for the operation of a farmers' market at 620 19th Street or the Crocs 19th Street Bistro parking lot for outdoor farmers' market known as the Old Beach Farmers' Market. This is a non-profit organization that is dedicated to providing a place in the Resort Area for residents and visitors to accomplish things like eating local grown produce as produced in the area, learning about local produce, and learning about fresh and sustainable foods. It promotes the family farms, which is something that is near and dear to all our hearts. It also provides the connection for local chefs and restaurants in the area. Last year, they operated this very successfully with a peddler's license. But the Zoning Administrator has advised them that the Use Permit would be a more proper way to handle this; so, they are before us today. So, I think we have amended one condition to provide that they may stay open on Saturdays from May through the third week in December anytime. Last year, you just needed two fall Saturdays, but we have provided that opportunity that if you need more Saturdays it would be there. You wouldn't have to come back and ask for it later, so hopefully that will help you out a whole lot. There was no opposition. We think it is a great thing. I know that the Agriculture Department is pushing these types of activities, taking the produce to the people instead of people having to come out. So, we thought it was worthy of putting it on the consent agenda today. Thank you. l. " I Item #10 Old Beach Farmers' Market Page 2 Joseph Strange: Thank you Don. Madame Chairman, I make a motion to approve agenda item 10. Janice Anderson: A motion by Joe Strange. Do I have a second? Donald Horsley: Second. Janice Anderson: I have a second by Don Horsley. ( AYE 11 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 10 for consent. t. CASE~' WELSH Map }-15 Mo Not to Scole Welsh .., AC-l AG-l Relevant ~nformation: · Princ:ess Anne District · The applicant requests a Conditional Use Permit to allow firewood preparation and storage on the site. · Applicant typically picks up the logs in a small dump truck and stores the wood in a partially wooded area located toward the rear of the stite. · The fwrewood is for sale by delivery only. There are no sales on the site. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent agenda · There was no opposition. I III I ~;~~ .{-l''';'I'.... ...J;<\(~, ,f.oil- \~! (5: - m L\~ !:) ''''.....", ^ ,l/l ~(~:....,...:;~ ...~~...,. CITY OF VIRGIN~A BEACH AGENDA ITEM ITEM: CASEY WELSH. Conditional Use Permit, firewood preparation facility, 3445 West Neck Road. PRINCESS ANNE DISTRICT. MEETING DATE: April 14, 2009 . Background: The applicant requests a Conditional Use Permit to allow firewood preparation and storage to occur on this agriculturally zoned site. There is a single-family home on the site. . Considerations: The applicant indicates that typically she picks logs in a small dump truck and stores the wood in a partially wooded area located toward the rear of the site. There may be times that logs are delivered by a tree removal company or other persons. In all cases, access to the rear of the site is via the existing driveway. The firewood is for sale by delivery only. The application states that a single chain saw and log splitter will run during the hours of 9:00 a.m. and 7:30 p.m., Monday through Saturday and 12:00 p.m. to 7:30 p.m. on Sunday. There is a residential dwelling unit on the lot to the north and across West Neck Road to the east. As this is the case, application of the provisions of the Statewide Fire Prevention Code become increasingly important. Such provisions may include all outside storage of combustible materials be located at least 10 feet from any property line or buildings and open storage, such as wood piles, can not exceed 20 feet in height. The location criteria provided in Section 233.2 of the City of Virginia Beach Zoning Ordinance notes that firewood preparation facilities should be located only where the traffic, noise and other effects of the operation will not adversely affect nearby residents. Staff finds that the operation of a chain saw and a log splitter cannot be done in harmony with residential dwellings in close proximity to the property. Based on the location of existing dwellings in the vicinity and the noise associated with preparing firewood for resale, staff recommended denial of this application to the Planning Commission. There was no opposition to this request. Casey Welsh Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve lthis reql,Jest with the following conditions: 1. The hours of operation shall be Monday through Friday, 8:00 a.m. until 5:00 p.m. 2. There shall be no commercial deliveries to this site. The only deliveries to and from the site shall be via the applicant's truck. 3. The rE~ar half of the site shall be utilized for the firewood preparation opera1tion. 4. There shall be a one (1 ) year administrative review of the use from the date of approval by City Council. . Attachments: Staff ReviElw Disclosure Statement Planning Commission Minutes Location Map Recommended A.ction: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~<,. ~ .~~ II' MGp J-/5 MD N...t t.c Scela Welsh #19 AG-I ~ AGo' March 11, 2009 Public Hearing APPLICANT: CASEY WELSH AG-I PROPERTY OWNER: LORI & PETER DELANEY REQUEST: Conditional Use Permit (firewood preparation facility) ADDRESS I DESCRIPTION: 3445 West Neck Road GPIN: 2402173382 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 1 .85 acres AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow firewood preparation and storage to occur on this agriculturally zoned site. The applicant indicates that typically she will pick up the logs in a small dump truck and store the wood in a partially wooded area located toward the rear of the site. There may be times that logs are delivered by a tree removal company or other persons. In all cases, access to the rear of the site is via the existing driveway. The firewood is for sale by delivery only. The application states that a single chain saw and log splitter. will run during the hours of 9:00 a.m. and 7:30 p.m., Monday through Saturday and 12:00 p.m. to 7:30 p.m. on Sunday. There is a residential dwelling unit on the lot to the north and across West Neck Road to the east. As this is the case, application of the provisions of the Statewide Fire Prevention Code become increasingly important. Such provisions may include all outside storage of combustible materials be located at least 10 feet from any property line or buildings and open storage, such as wood piles, can not exceed 20 feet in height. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single family dwelling SURROUNDING LAND USE AND ZONING: North: South: . Single family dwelling I AG-2 Agricultural District . Church I AG-2 Agricultural District CASEY WELSH / DELANEY Agenda Item 19 " P,~ge 1 East: West: NATURAL R,ESOURCE AND CULTURAL FEATURES: . Cultivated field in ARP I AG-2 Agricultural District . West Neck Road . Single-family dwelling I AG-2 Agricultural District . Woods I AG-2 Agricultural District The site is within the Southern Watershed Management Area. The rear of the site is predominately wooded with vegetation indicative of wetlands; however, it is unclear as to whether this area will be impacted by this use. There do not appear to be any significant cultural features on the site. The neighboring parcel to the south is within the Agricultural Reserve Program, IMPACT ON CITY SERVICES MASTER TR.ANSPORTATION PLAN (MTP\I CAPITAL IMPROVEMENT PROGRAM (CIP): West Neck Road in the vicinity of this application is a two (2) lane undivided rural highway. There are currently no CIP projects scheduled for this section of West Neck Road. TRAFFIC: Street Name West Neck Road Present Volume 2,600 ADT Present Capacity 7,400 ADT (Level of Service "CO) - 12,000 ADT 1 (Level of Service Generated Traffic "0" WATER & SE:WER: City water and sewer are not available to this site. Recommendiation: Staff recomml~nds denial of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as the Rural Area. noting that the area is to remain rural into the fOreSE!eable future. As such, it must rely on sound rural planning principles and effective economic strategies to help it retain its character and vitality. Evaluation: Staff recommonds denial of this request for a firewood preparation facility. When the proposal was initially discussed with the applicant, she was told that Staff would have a difficult time supporting the request. The location criteria provided in Section 233.2 of the City of Virginia Beach Zoning Ordinance :1", .~ 1 ~.;- ~~ , CASEY WEl:SH I DELANEY . .~ ~genda Item 19 " R~~ 2 t '" '..... ',,,,.. ".,- ,~ " I notes that firewood preparation facilities should be located only where the traffic, noise and other effects of the operation will not adversely affect nearby residents. Staff finds that the operation of a chain saw and a log splitter cannot be done in harmony with residential dwellings in close proximity to the property. The application states that a single chain saw and log splitter will run during the hours of 9:00 a.m. and 7:30 p.m., Monday through Saturday, and 12:00 p.m. to 7:30 p.m. on Sunday. The site has a residential dwelling unit to its north and across West Neck Road to the east. Based on the location of existing dwellings in the vicinity and the noise associated with preparing firewood for resale, Staff recommends denial of this application. 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. f ,~ , :: r:: CASEY WEL:SH I DELANEY Agenda Item 19 .. e~9:~ 3 "....~ ~, <0," ~ : ~ " "~.,. . AERIAL OF SITE LOCATION CASEY WELSH / DELAlEY Agenda Ite"l. 19 Rage 4 I! ::-- i , i ..7-~ ! ~m~ i ~~:l Lx.... I st;;~ ~.~.~ ~3 . xSi C.c;~ ~..e ",i:f ill ,!:; ~~~ ., c.~~ I il:l' : ~:z! I ~;i I:i I !~ i ~ ~b ~~6 15iil~ i~~ :.<ti 15~~ ~.>>' ;~I i:""" ~~~ liii3il ~~~ :~~ ~~~ L ~ ~i'F . If' ~I,:~ l":~ <l '''i ~! ,~ ::.. ~ ::! i ~''> I~": ~~> ~ ,- --. ~ 'o:~-_.- '" i ~,.j"'~~ llj '. U~ It iI,% ~ ~' ll~ 1\. , ; ,l- i !t~ . \;;~ ~ ~~ ~ " i3. ~ 'IoU ~, ., ~ '" 1 ~ 1r~ r !!i Q ~ ~ ~ ~ III .SO'9*1 '- '" .~ '" <!. .. ~ <.:"?: :Ii"'...". ~ ~ ~ :'l~..., ... ., <b ~ ~ ~ ~ ~ '1( € " I fa t,,~~ ~' --~ ~.....~ ", u .t:5, >< ~ ~ ..~~z >- ..0: -.. a ~ ~~Izl:~l~ 0Ci Slh;lE~", ~~~!l ~~:z ~ :.c- .:c F= li! c..~ ~ gz :;:: i-a: "" ~ lilC . ;; il :.. ~ ~. ~ 1'. t ! c, IL; '1<,'~ e.! !f! C\ ".~ -If(~ 0.: rt.. .. \"Clj ~" ~ ~ ...~ m~ ~ PROPOSED SITE PLAN CASEY WEL;SH I DELAblEY Agenda Itenl19 Pag~ 5 Welsh 012 AC-' AG-1 I 1 I 07/07/1998 I Subdivision Variance I Granted ZONING HISTORY :~ CASEY WEL.;SH / DELAf\lEY Agenda Ite~ 19 , p~g~ 6 " ~ ~ DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) Casey Welsh J 2. List all businesses that have a parent-subsidiary 1 or affiliated business entityZ ~elationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Lori and Pete Delaney 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~heck here if the property owner is NOT a corporation, partnership, firm, business. or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No L If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Pennit Application Page 9 0110 Revised 7/312007 " I z o I I ~ u ::3 ~ ~ f--4 ~ ~ ~ CI:J t::J ~ O. I I h Q Z o u CASEY WEI$H / DELA~EY Agenda Iteri119 f>{iQf3 7 , t ~ . t'~t ,f " ~ "'.'. .....- ~'. z <=> I t ~ c:..;J I I ~ ~ ea f--4 ~ r:e .~ CI":J ~ ~ <=> I I f--4 I I ~( Z <=> t..:) II DISCLOSURE STATEMENT II 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) 1 "Parent-subsidiary relationship. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.. See State and local Government Conflict of Interests Act, Va. Code ~ 2,2-3101. 2 "Affiliated business entity relationship. means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling ow ner 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 Govemment Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICA liON: I certify that the information contained herein is true and accurate, I unclerstand 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, Cr~(lJ.i Conditional Use Permit Application Page 10 of 10 Revised 71312007 ., ;~ " 'I f j J ., CASEY WELSH / DELANEY Agenda Item, 19 " R~~ a . ~~, . " I Item #19 Casey Welsh Conditional Use Permit 3445 West Neck Road District 7 Princess Anne March 11, 2009 REGULAR Janice Anderson: The next matters that we will address are the matters to be heard. I will ask the Secretary to call the first item. Actually, we're going to take one out of sequence. It has been requested because they have a hearing in about a half-hour. We're going to try and get her done first. Donald Horsley: The first matter is item 19, Casey Welch. It's the application for a Conditional Use Permit for firewood preparation facility located at 3445 West Neck Road, District 7, Princess Anne. Yes ma' am. Casey Welsh: Good afternoon. Janice Anderson: Hi Ms. Welsh. Casey Welsh: Hello. Yes, I'm requesting a Conditional Use Permit. Ed Weeden: For the record, state your name and address. Casey Welsh: My name is Casey Welsh, and I'm requesting a Conditional Use Permit for a firewood preparation facility at 3445 West Neck Road. Janice Anderson: Can you tell us a little bit about the facility? Casey Welsh: This is a home that I rent. I'm just a sole proprietorship. I just opened up this firewood business. I'm just looking to process a very small amount of firewood on the property. There is only going to be one small dump truck coming in and out ofthe property, and that is mine. I'm only planning on delivering this firewood. There is not going to be customers coming to this property. I am flexible on the days and hours of the preparation of firewood. All of my neighbors are in agreement with me. I've spoken to them. Janice Anderson: Have you spoken to your neighbors? Casey Welsh: Yes ma'am. Janice Anderson: Okay. How about the logs coming to the property? Do you bring them in your truck or are they delivered? Item #19 Casey Welsh Page 2 Casey Welsh: I'm going to be picking those logs up in my truck. We have low power lines. I don't think large trucks are going to be able to come. Janice Anderson: This is a regular pick-up truck that you're talking about? Casey Welsh: It is a very small dump truck. ' Janice Anderson: Do we have a picture of that dump truck? Stephen White: Yes. Donald Horsley: Right there. Janice Anderson: Right there. So that is the vehicle that is going to be coming in and out of the site? Casey Welsh: Yes. Janice Anderson: Do you have any questions? Donald Horsley: You say you are amenable to any hours that we may put on here? Casey Welsh: Yes sir. Donald Horsley: How about if! give you 8:00 to 5:00 Monday through Friday? Would that work? Casey Welsh: Yes sir. Donald Horsley: Bt~cause the concern is that the neighbors may not have a problem now, but they may develop one in the future. We want to protect the neighbors as much as we can. We feel if we can do that, then that would give them their weekends and their evenings where you won't have any noise bothering them. Can you work that out? Casey Welsh: Yes sir. Donald Horsley: We encourage you to get your own business going, and I applaud you for doing it. If you can do that and you can keep your place looking neat, we'll put it on there for a one year time with administrative approval with Mr. Whitney's discretion in one year. How about that? Would that work? Casey Welsh: Yes. Donald Horsley: If you could do that, I'll make a motion that we approve accordingly. " I Item #19 Casey Welsh Page 3 Eugene Crabtree: I'll second it. Henry Livas: Can I ask a question first? Janice Anderson: Sure. Henry Livas: You mentioned that the neighbors are in support of this. Do you have any letters from your neighbors? Casey Welsh: I did send them a letter and they did not reply to me, but they had told me later after I sent them a letter that they were in support of me. They had just been busy and hadn't had a chance to get back with me in written form. But they are in support. Henry Livas: Okay. I would suggest that before you go to City Council that it would be a good idea to have those written letters with you. Janice Anderson: Okay. Just let me go ahead and take a motion and then we'll take additional comments. I have a motion by Don Horsley and a second by Gene Crabtree for approval. AI, did you have a comment? Al Henley: Let me back up a little bit. You did indicate that there was not going to be no commercial deliveries, commercial truck and delivery of logs or firewood. Is that correct? Casey Welsh: That is correct. Al Henley: I would like to add a condition on there that no commercial trucks will be pennitted to deliver firewood to this property. Donald Horsley: I'm agreeable to that. Janice Anderson: Okay. It will be just the applicant's vehicle used in the hauling and delivery oflogs. Donald Horsley: Yes. Janice Anderson: Okay. Ronald Ripley: Could we see a site plan up on the board? Can you show us with that pointer approximately where you will be doing the work? Casey Welsh: Okay. Ronald Ripley: Can we get a site plan up? Stephen White: I'm working on it. We're having technical difficulties. Item #19 Casey Welsh Page 4 Casey Welsh: I plan on storing the logs that I bring in back here (pointing to PowerPoint). This is a partially wooded area where it is going to be pretty much out of sight from the road. There is a large privacy fence here separating this neighbor, and I. This is a church here. The property approximately goes in an "L" shape. I plan on just keeping the firewood kind of hidden uniquely back here. As I get more firewood, I will bring it closer to the front, but I don't expect to have much firewood processed. Like I said, I'm just a small business. I don't have a whole bunch of employees in there splitting the logs all day long. It is just going to be a small process. Ronald Ripley: Can you commit to keeping it towards the back of the property so it is out of the sight of the road and people that are living in there, particularly the house over to right of your property? Casey Welsh: I can. Ronald Ripley: Is there an existing house right there? Casey Welsh: Yes. To the right you're saying as you face the property? Yes, there is a neighbor over there. He has a large privacy fence there as you can see. I can keep it over to the left side. Ronald Ripley: Okay. Casey Welsh: The property does get wet when it rains. I may have to wait a day or two for it dry out. Ronald Ripley: Don, can you add that to your motion too to keep the firewood to the back of the rear half of thf: property. Donald Horsley: To the rear half of the property? Yes. That would be fine. Janice Anderson: Are there any other questions or comments? Okay. Don, do you want to review your motion with us? Donald Horsley: Alright. My motion is to allow for the operation to occur from 8:00 to 5:00 Monday through Friday, using the rear half of the property, and the receiving and disbursing of the wood will only be done with your truck. Janice Anderson: One year review. Donald Horsley: A one year administrative review. Does that cover everybody's concern? Are you agreeable to that? il Casey Welsh: Yes: sir. Donald Horsley: Thank you and good luck. " I Item #19 Casey Welsh Page 5 Janice Anderson: A motion, and Mr. Crabtree would you like to second that? Eugene Crabtree: That is fine. Janice Anderson: Thank you. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Casey Welsh with the added conditions. Janice Anderson: Thank you. t BARRY D. & PAULA W. KNIGHT: Map K-18 Ma Not to Scale d' G1 AG.2 AG.2 AG.2 CUP (or Heliporl Relevant IInformation: · Princ:ess Anne District · The clpplicant requests a Use Permit for a heliport, which will allow landing and takeoff, storage, and fueling of a helicopter. · The clpplicant owns a helicopter that is primarily used to inspect the appUcant's farm fields and timber stands for flooding and insect damclge. · AICUZ is Less than 65. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0-1). · Consent Agenda. · No opposition. I' 1'1 ,5~ffic~ ,{~~I"'. .....07~' f,~' . \V, (f: - i'!o1 (U\ .>1 C ,.,...., :,) (;,~"'-' Ii) '\;~.,".... ~~...l:/ ~~::,.y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BARRY D. KNIGHT & PAULA W. KNIGHT, Conditional Use Permit, heliport (private), 1852 Mill Landing Road. PRINCESS ANNE DISTRICT. MEETING DATE: April 14, 2009 . Background: The applicant requests a Conditional Use Permit for a heliport. The applicant stores and maintains the helicopter on the rear portion of this property, which necessitates the need for a Conditional Use Permit for a Heliport, which is defined by the Zoning Ordinance as "a landing and take-off place for a helicopter including accessory terminal and fuel accommodations". The applicant was not aware of the need for a Use Permit until a recent discussion with City staff determined such a permit was necessary since, while the helicopter is primarily used as a part of the applicant's agricultural business, the Zoning Ordinance specifically notes that a heliport is a use in the Agricultural District requiring a Use Permit. . Considerations: The applicant has used his personal helicopter as part of his agricultural operation for eight (8) years, landing and storing the helicopter at the subject site and also landing at 3501 Baum Road, which is covered by a separate application for a helistop. The helicopter is used to inspect the applicant's agricultural fields and timber stands from the air. The applicant has found that the most efficient means of making such inspections is by air. The applicant also voluntarily transports other farmers to do similar inspections of their land holdings. In addition to these business uses of the helicopter, the applicant uses the helicopter for personal trips and also in his volunteer work with Lifesaver International, searching from the air for missing patients who have Alzheimer's disease. The applicant has a current helicopter pilot license and insurance, and the site has been inspected and approved by the Commonwealth of Virginia and the Federal Aviation Administration (FAA). . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following condition: Barry D. Knight Page 2 of 2 1. The heliport shall be used by the applicant for the purpose of landing and storing one (1 ) helicopter owned by the applicant. . Attachments: Staff Review Disclosurl~ Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depllrtment/Agency: Planning Departmen~ CityManage~ (L ~~ "I Map K-18 M~ Not to Scaol~ # 11 c;l AG.2 d' March 11, 2009 Public Hearing APPLICANT: BARRY D. KNIGHT N, V,J OtUK' llG" PROPERTY OWNERS: BARRY D. AND PAULA W. KNIGHT STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit (heliport) ADDRESS I DESCRIPTION: 1852 Mill Landing Road GPIN: 2410052815 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 4.2 acres AICUZ: Less than 65 dB DNL SUMMARY OF REqUEST The applicant requests a Conditional Use Permit for a heliport. The applicant owns a helicopter that is primarily used to inspect the applicant's farm fields and timber stands for flooding and insect damage. The applicant has found that the most efficient means of making such inspections is by air. The applicant also voluntarily transports other farmers to do similar inspections of their land holdings. In addition to these business uses of the helicopter, the applicant uses the helicopter for personal trips and also in his volunteer work with Lifesaver International, searching from the air for missing patients who have Alzheimer's disease. The applicant stores and maintains the helicopter on the rear portion of this property, which necessitates the need for a Conditional Use Permit for a Heliport, which is defined by the Zoning Ordinance as "a landing and take-off place for a helicopter including accessory terminal and fuel accommodations". The applicant was not aware of the need for a Use Permit until a recent discussion with City staff determined such a permit was necessary since, while the helicopter is primarily used as a part of the applicant's agricultural business, the Zoning Ordinance specifically notes that a heliport is a use in the Agricultural District requiring a Use Permit. BARRY AND PAULA KNIGHT Agenda Item 11 Page 1 The applicant has a current helicopter pilot license and insurance, and the site has been inspected and approved by the Commonwealth of Virginia and the Federal Aviation Administration (FAA), LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural Residential (single-family dwelling) and cultivated field SURROUNDI~IG LAND USE AND ZOP~ING: North: South: East: . Cultivated fields I AG-2 Agricultural District . Mill Landing Road . Cultivated fields IAG-2 Agricultural District · Rural Residential (single-family dwelling) I AG-1 and AG-2 Agricultural Districts . Cultivated fields I AG-2 Agricultural District West: NATURAL RESOURCE AND CULTURAL FI:ATURES: The site has a house and accessory buildings. A grassed yard surrounds the house. A cultivated field is located on the eastern part of the property, A tributary of Nawney Creek runs across the northern part of the property and then to the east. There are no known significant cultural features on the site. IMPACT ON CITY SERVICES There are no impacts on City services from the use of a portion of this site for a heliport. Recommendation: Staff recommends approval of this request. EVALUATION AND RECOMMENDATION Evaluation: The applicant has used a helicopter as part of his agricultural operation for eight (8) years, landing and storing the helilcopter at the subject site and also landing at 3501 Baum Road, which is covered by a separate application for a helistop. The helicopter is used to inspect the applicant's and other area farmer's agricultural fields and timber stands from the air, for personal trips, and to assist in searches for missing patients with Alzheimer's disease, as part of the applicant's work with Operation Lifesaver. Staff, therefor~~, recommends approval of a Use Permit for a heliport at this location with the condition below. CONDITION BARRY AND PAULA KNIGHT Agenda Item 11 Page 2 I' III . 1. The heliport shall be used by the applicant for the purpose of landing and storing one (1) helicopter owned by the applicant. 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. BARRY AND PAULA KNIGHT Agenda Item 11 Page 3 AERIAL OF SITE LOCATION BARRY AND PAULA KNIGHT Agenda Item 11 Page 4 I: Map K-18 M~ Not to Scole AG.2 AG-2 AG.2 CUP {or Heliporl No historical zoning activity to report. ZONING HISTORY BARRY AND PAULA KNIGHT Agenda Item 11 Page 5 ~'~',:;,) .; .'- 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) Barry D, Kl1ight & Paula W, Knight, husband and wife 2, List all businesses that have a parent-subsidiary 1 or affiliated business entit}? relationship with the applicant: (Attach list if necessary) X Check !here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the propl~rty 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, trustee:s, partners, etc. below: (Attach list if necessary) 2, List all businesses that have a parent-subsidiary1 or affiliated business en tit}? relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, 1 & 2 See nE!xt page for footnotes Condijional Use Permij Application Page 9 of 10 Revised 9/112004 z o I I ~ U I I ~ ~ ~ f-4 ~ ~ ~ ~ ~ ;:::J ~ o I I f-4 I I Q Z o u BARRY AND PAULA KNIGHT Agenda Item 11 Page 6 I' III z o I I ~ U I I ~ ~ ~ E-c I I 1 "Parent-subsidiary relationship. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2,2-3101. ~ '"Affiliated bu...... enUly relatlon.hlp" mean. "a relation.hip. olher Ihan 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 con sidered 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. <z 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 hear.ing, 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 I I Planning to photograph and view the site for purposes of processing and evaluating this application. H '~reiJ" ~ flt:fn'tj), K-0it c:::l Z Property Owner's Signature (if different than applicant) o U II DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/312007 BARRY AND PAULA KNIGHT Agenda Item 11 Page 7 Item #11 Barry D. Knight & Paula W. Knight Conditional Use Plermit Heliport (private) 1852 Mill Landing Road District 7 Princess Anne March 11,2009 CONSENT Joseph Strange: The next item is item 11. Item 11 is an application of Barry D. Knight and Paula W. Knight fbr a Conditional Use Permit for a heliport on property located at 1852 Mill Landing Road, District 7, Princess Anne with one condition. Eddie Bourdon: Thank you Mr. Vice Chair, Madame Chair. For the record, I'm Eddie Bourdon representing Barry and Paula Knight, the Honorable Barry Knight. The Knights, Barry especially, wanted me to pass on that he apologizes that he couldn't be here. Their son is on Spring Break this week so they are in Florida spending a little bit of time with their son. This is also new territory for all of us since we've never had a heliport application before. We appreciate being on the consent agenda. Joseph Strange: Okay. Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Al Hen1ey to review this item. Al Henley: Thank you. The heliport is located at 1852 Mill Landing Road. The applicant has requested a Conditional Use Permit for a heliport. The applicant owns a helicopter that is primarily used to inspect the applicant's farm fields, timber stands for flooding and insect damage. The applicant has found that the most sufficient means of making such inspections is by air. The applicant also voluntarily transports other farmers to do similar inspections to their land holdings. In addition to these business uses of the helicopter, the applicant uses the helicopter for personal trips and also in his volunteer work with Lifesaver International, searching from the: air for missing patients who have Alzheimer's disease. The applicant stores and maintains the helicopter on the rear portion of the property, which necessitates the need for a Conditional Use Permit for Heliport, which is defined by the zoning Ordinance as "a landing and take-off place for a helicopter including accessory terminal and fuel accommodations". The applicant was not aware of the need for a Use Permit until a recent discussion with City staff determined such a permit was necessary. The helicopter is primarily used for part of the applicant's agriculture business. The Zoning Ordinance specifically notes that Heliport is a conditional use in the agriculture district. Staffhas recommended approval; so, the Planning Commission has placed this on the consent agenda. Thank you. Eddie Bourdon: Madame Chairman, point, if I may? One thing I forgot to mention. \ Janice Anderson: Please. II' Item #11 Barry D. Knight & Paula W. Knight Page 2 Eddie Bourdon: We have letters of support from all the neighbors on both of these properties. There is no opposition from any of the surrounding neighbors we went and got support from. Janice Anderson: Thank you for doing it. Thank you Mr. Bourdon. Joseph Strange: Thank you AI. Madame Chairman, I make a motion to approve agenda item 10. Janice Anderson: A motion by Joe Strange. Do I have a second? I have a second. Donald Horsley: Madame Chairman, maybe I need to disclose that I have a business relationship with Mr. Knight. I do rent his farm land; so, I think I need to abstain from this item. Janice Anderson: Okay. That is from item II? Donald Horsley: That is right. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 1 ABSENT 0 ABS Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 11 for consent. , \<0 BARRY D. & PAULA W. KNIGHT: j I lIMi' I,;:J,;!4 Ma Not to Scala Relevant Information: · PrincE!ss Anne District · The al3plicant requests a Use Permit for a helistop, which will allow landing of a helicopter. · AICU2= is Less than 65. Evaluation and Recommendation: · Planniing Staff recommended approval · Planniing Commission recommends approval (10-0-1). · ConSEtnt Agenda. · No opposition. I' " I 4~~~~ ,(..!';.~~ .~+~ (O"'l~"'!$ ~I . i'i.~ (u, s) r\"'!':':'"' 1:J ~..".... __ Z',h ..\-~.. ~ ~\.~';:.;y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BARRY D. KNIGHT & PAULA W. KNIGHT, Conditional Use Permit, helistop (private), 3501 Baum Road. PRINCESS ANNE DISTRICT. MEETING DATE: April 14, 2009 . Background: The applicant requests a Conditional Use Permit for a helistop, which the Zoning Ordinance defines as "a landing and take-off place for a helicopter". One of the applicant's agricultural operations is located on this parcel. . Considerations: The applicant lands the helicopter on this site occasionally for inspections of the agricultural activities on the site. Since there is no storage, fueling, or maintenance facilities located on this property, only a Use Permit for a helistop is needed. The applicant was not aware of the need for a Use Permit until a recent discussion with City staff determined such a permit was necessary since, while the helicopter is primarily used as a part of the applicant's agricultural business, the Zoning Ordinance specifically notes that a helistop is a use in the Agricultural District requiring a Use Permit. The applicant has a current helicopter pilot license and insurance, and the operation of the helicopter has been inspected and approved by the Commonwealth of Virginia and the Federal Aviation Administration (FAA). . Recommendations: The Planning Commission placed this item on the Consent Agenda passing a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following condition: 1. The applicant shall not store, maintain, or fuel the helicopter at this location. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Barry D. Knight I Baum Road Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ CityManage~(1. ~~ I .1Iap L:3.U M Not t.o Scaltl ~ ~ ~?~: r-"r':"';li. ":'''~'J!!;n.;' ?, REQUEST: Conditional Use Permit (helistop) ADDRESS I DESCRIPTION: 3501 Baum Road GPIN: 1387126495 ELECTION DISTRICT: PRINCESS ANNE #12 March 11, 2009 Public Hearing APPLICANT: BARRY D. KNIGHT PROPERTY OWNERS: BARRY D. AND PAULA W. KNIGHT STAFF PLANNER: Stephen J. White SITE SIZE: 209 acres (147 in Virginia Beach) AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a helistop. The applicant owns a helicopter that is primarily used to inspect the applicant's farm fields and timber stands for flooding and insect damage. The applicant has found that the most efficient means of making such inspections is by air. The applicant also voluntarily transports other farmers to do similar inspections of their land holdings. In addition to these business uses of the helicopter, the applicant uses the helicopter for personal trips and also in his volunteer work with Lifesaver International, searching from the air for missing patients who have Alzheimer's disease. The applicant stores and maintains the helicopter at another location on Mill Landing Road; the applicant has a separate application filed for a heliport at that location. The applicant lands the helicopter on this site occasionally for inspections of the site. The Zoning Ordinance defines a helistop as "a landing and take-off place for a helicopter". Since there is no storage, fueling, or maintenance facilities located on this Baum Road property, only a Use Permit for a helistop is needed. A heliport includes the other supplemental activities involved in the operation of a helicopter. The applicant was not aware of the need for a Use Permit until a recent discussion with City staff determined such a permit was necessary since, BARRY AND PAULA KNIGHT Agenda Item 12 Page 1 while the "helicopter is primarily used as a part of the applicant's agricultural business, the Zoning Ordinance specifically notes that a helistop is a use in the Agricultural District requiring a Use Permit. The applicant has a current helicopter pilot license and insurance, and the operation of the helicopter has been inspected and approved by the Commonwealth of Virginia and the Federal Aviation Administration (FAA). LAND USE AND ZONING INFORMATION EXISTING LAND USE: Cultivated fields and hog farm. The property is covered by an Agricultural Reserve Program (ARP) easement. The occasional landing of a helicopter on the site for agricultural purposes is allowed by the E!aSement. SURROUNDING LAND USE AND ZONIING: North: . Cultivated fields and rural residential / AG-1 and AG-2 Agricultural Districts · Cultivated fields / AG-2 Agricultural District . North Carolina border · Cultivated fields and tree farm I AG-2 Agricultural Districts . City of Chesapeake . Cultivated fields South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site consists of cultivated fields and a hog farm with associated waste management facilities. There are no known significant cultural features on the site. IMPACT ON CITY SERVICES There are no impacts on City services from the use of a portion of this site for a heliport, Recommendatiion: Staff recommends approval of this request. EVALUATION AND RECOMMENDATION Evaluation: The applicant has used a helicopter as part of his agricultural operation for eight (8) years, landing and storing the helicopter on property he owns on Mill Landing Road, which is covered by a separate application for a heliport, and also occasionally landing on the subject site. The applicant lands the helicopter at this site to inspect the applicant's agricultural operations. Staff, therefore, recommends approval of a U~;e Permit for a helistop at this location with the condition below. BARRY AND PAULA KNIGHT Agenda Item 12 Page 2 I' III ' CONDITION 1. The applicant shall not store, maintain, or fuel the helicopter at this location, 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. BARRY AND PAULA KNIGHT Agenda Item 12 Page 3 AERIAL Of SI,.E LOCA,.ION a"RRY "NO p"uv-l<N1GH1 Agenda \tefl\ '\ 2 page 4 III . j I ( L!l' ir)t Helistop Jia!, L: ;4 M<!!I Not to Scale No historical zoning activity to report. ZONING HISTORY BARRY AND PAULA KNIGHT Agenda Item 12 Rage 5 ~:';$' .~ ;", "oJ II DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organizatkm, complete the following: 1. List thEl applicant name followed by the names of all officers, members, trustees, partnelrs, etc. below: (Attach list if necessary) Barry D. I(night & Paula W, Knight, husband and wife 2. List all businesses that have a parent-subsidiary' or affiliated business entiti relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant, If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List th.~ property owner name followed by the names of all officers, members, trusteE!S, partners, etc, below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary1 or affiliated business entiti relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or othE~r unincorporated organization, 1 & 2 See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1120Q41 z o I I ~ U I I , , ~ ea F--t ~ ~ ~I ~ CI:) ;:::J ~ o I I f-4 I I ~ Z o u BARRY AND PAULA KNIGHT Agenda Item 12 Page 6 I' I: I z o I I ~ C '] I I I , J:L.c ~ I I I 1 .Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va, Code ~ 2,2-3101, ~ , "AffiUated bus_. entity relationsh"," means "a relallon.h"" other "'an parenl- ~ 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 .....,. J 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 ~ .......:t 2.2-3101. <z 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 I I Planning to photograph and view the site for purposes of processing and evaluating this application, F : ~reil J:f !1t!.rj" k~it ~ Z Property Owner's Signature (if different than applicant) o C '] I DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services. real estate services, financial services. accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Print Name Condilional Use Permit Application Page 10 of 10 Revised 71312007 BARRY AND PAULA KNIGHT Agenda Item 12 Page 7 Item #12 Barry D. Knight and Paula W. Knight Conditional Use Pennit Helistop (private) 3501 Baum Road District 7 Princess Anne March 11, 2009 CONSENT , Joseph Strange: The next item is item 12. Item 12 is an application of Barry D. Knight and Paula W. Knight for a Conditional Use Permit for a helistop on property located at 3501 Baum Road, District 7, Princess Anne with one condition. Eddie Bourdon: Thank you Mr. Vice Chair, Madame Chair. For the record, I'm Eddie Bourdon, representing Barry and Paula Knight, the Honorable Barry Knight. The Knights, Barry especially, wanted me to pass on that he apologizes that he couldn't be here. Their son is on Spring Break this week so they are in Florida spending a little bit of time with their son. This is also new ten:i.tory for all of us since we've never had a heliport or helistop application before. We appreciate being on the consent agenda. I did want to mention with regard to the helistop application. The write up is essentially a verbatim repeat of the heliport. It is important to note that on the Baum Road property that the helistop that is only used for agricultural purpose:s. I believe I've sent a letter, but that is possible that is sitting on my desk. I have been traveling a bit myself. The helistop is not where the helicopter is ever stored. It just lands there occasionally. Its only use of that site is to land there when he is involved in inspecting that property, which is an agriculture property that operates on Baum Road. So, the part of it being part for life saving and some personal use, that is only applicable to the heliport on Mill Landing Road. So, just to make that clear that there is no use on the Baum Road other than an agricultural use. That is important from an ARP perspective, and that is !he reason why I put that in there. Joseph Strange: Okay. Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Al Henley to review this item. Al Henley: Thank you. The helistop is located at 3501 Baum Road. The applicant has requested a Conditional Use Permit for a helistop. The applicant owns a helicopter that is primarily used to inspect the applicant's farm fields, timber stands for flooding and insect damage. The applicant has found that the most sufficient means of making such inspections is by air. The appli(~ant also voluntarily transports other farmers to do similar inspections to their land holdings. In addition to these business uses of the helicopter, the applicant uses the helicopter for personal trips and also in his volunteer work with Lifesaver International, searching from the air for missing patients who have Alzheimer's disease. The helicopter is primarily used for part of the applicant's agriculture business. This location is used primarily because he has an agriculture business of hog raising and other agriculture uses. So, he uses i this to land his helicopter, and it will be used for agriculture purposes only. The Zoning I' Item #12 Barry D. Knight and Paula W. Knight Page 2 Ordinance defines a helistop as "a landing and take-off place for a helicopter". Since there is no storage, fueling or maintenance on the facilities located on the Baum property, only a Use Permit for a helistop is needed. Staffhas recommended approval; so, the Planning Commission has placed this on the consent agenda. Thank you. Eddie Bourdon: Madame Chairman, point, if I may? One thing I forgot to mention. Janice Anderson: Please. Eddie Bourdon: We have letters of support from all the neighbors on both of these properties. There is no opposition from any of the surrounding neighbors we went and got support from. Janice Anderson: Thank you for doing it. Thank you Mr. Bourdon. Joseph Strange: Thank you AI. Madame Chairman, I make a motion to approve agenda item 12. Janice Anderson: A motion by Joe Strange. Do I have a second? I have a second. Donald Horsley: Madame Chairman, maybe I need to disclose that I have a business relationship with Mr. Knight. I do rent his farm land; so, I think I need to abstain from this item. Janice Anderson: Okay. That is from item 12. Donald Horsley: That is right. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 1 ABSENT ABS Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 12 for consent. \ I ,. Ii 4;""~ '#~I;'~"- ~~b {t{'~ .. \~1 ~~\~ !fJ '1;':-';'" ,.. "'y~t .......~~, ,....."..,...-:: <#' "'...,,,.."... - ............. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SEVEN CITIES ELECTRIC, Chanae of Zonina District Classification (R-5D Residential District to Conditional B-1 Neighborhood Community Business District), 1945 Centerville Turnpike. CENTERVILLE TURNPIKE MEETING DATE: APRIL 14,2009 . Background: The applicant proposes to rezone the property, currently zoned R-5D Residential, to B-1 Business District for the purpose of converting an existing dwelling to an office and constructing a 2,600 square foot equipment storage building for an electrical contracting business. . Considerations: The applicant requests a deferral of this application to the April 28 City Council meeting. The applicant desires more time to continue discussions with the adjacent property owner. . . Recommendations: Deferral to the April 28 City Council meeting. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Deferral to April 28. Submitting Department/Agency: Planning Department ~ City Manager~ ~ 'K... ~ SEVEN C:ITIES ELECTRIC Relevant Information: · Centerville District . The alPplicant Conditional Rezoning from R-5D Residential to B-1 Business for the purpose of operating a contractor office. · Site will be improved to meet current standards. · Site i!i impacted by future right-of-way for Centerville Turnpike. Evaluatiol1l and Recommendation: · The applicant requests deferral to the April 28 meeting. GATEWAY ENTERPRISES Relevant Information: · Princess Anne District . City Council referred this item back to the Planning Commission. . Applicant modified plan to reduce the buffer along Princess Anne Road from 75 feet to 50 feet while also increasing building size and reducing parking area. . Plan results in an increase of overall open space on the site. Evaluatic)n and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (10-0-1) · Consent agenda · There was no opposition. I " II 4~.." ,{'.~1:-',;""""''I'~' (OJ.'.......;,...'l} :Ei . \~) (':'\~ :~~ (# ..-.... . :: ".) l~~\ Z~/,; ~~,',...y...J!'".f \..\:...:.;..::~:.'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GATEWAY ENTERPRISES, L.L.C., Chanae of Zonina District Classification,AG-2 Agricultural District to Conditional 0-2 Office District, 2084 Princess Anne Road. PRINCESS ANNE DISTRICT. MEETING DATE: April 14, 2009 . Background: The applicant proposes to rezone the existing site, zoned AG-1 and AG-2 Agricultural District, to 0-2 Office District for the purpose of developing a two building office complex. This property is to be developed in conjunction with another Conditional Rezoning of the property to the north and east to office and retail. The other rezoning will provide a loop road from which this property will have access instead of having a direct access from Princess Anne Road. The Planning Commission recommended approval of a Similar proposal by this applicant on November 12, 2008; however, the applicant, at the January 27, 2009 City Council hearing, proposed modifications to the site plan. City Council determined that the modifications were of such nature that additional review by the Planning Commission was desirable. Thus, the City Council referred the application back to Planning Commission. . Considerations: The proposal features two office buildings with associated parking built in a phased approach. The first phase office building faces Princess Anne Road with parking behind 75 feet of landscaped buffer. The second phase building sits perpendicular to the initial building creating an L-shape. To accommodate the Phase" office building, additional parking will be provided behind the Phase I building. The design of the initial one story building is somewhat postmodern in appearance. Utilizing simple shapes, a raised section has been designed to direct the eye towards the building's primary entrance. Each subsequent tenant has a smaller gable end pediment to introduce their entrances. The primary building materials are EIFS, glass and architectural style shingled roof. For continuity, the second phase building will utilize a similar design and materials. Gateway Enterprises, LLC Page 2 of 2 The appliGant had the site layout redesigned after the November 2008 Planning Commission hearing, which resulted in a reduction of the Transition Area Buffer along Princess Anne Road from 75 feet to 50 feet in width. This reduction still provides a landscape buffer with a multi-use path along Princess Anne Road that will connElct to the future residential development. The plan still moves the main vehicular entrance from Princess Anne Road to a Loop Road that will be built with another development proposal (Change of Zoning for that development was approved by the City Council February 24). The applicant's proposed revision continues to retain the landscape buffer and trail along Princess Anne Road. The applicant is providing a landscape buffer along the Loop Road that can be continued along the Loop Road with each lot developed. With these revisions, the proposal has increased its open space to approximately 1/3 of the site. Since this is a comer lot, the structures have been placed perpendicular to qne another which provided better views of the buildings from both streets. This layout also moves the two buildings closer to the streets while separating the parking to avoid a sea of asphalt. With the revision of the site layout, the floor area of the buildings increases by about 2,375 square feet. This proposal for an office development is compatible in terms of land use with the recommendations of the Comprehensive Plan. This neighborhood serving office proposal in close proximity to a proposed residential development and one under construction offers an opportunity to walk or ride a bicycle to these services in lieu of driving. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with 1 abstention to approve this request as proffered, . AttachmlEmts: Staff Revil3W Disclosur,E! Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepclrtmentlAgency: Planning Departme C~Manager~li. ~~ I " II 20 March 11, 2009 Public Hearing APPLICANT: GATEWAY ENTERPRISES, LLC PROPERTY OWNER: SHEP SMITH INC. 5T AFF PLANNER: Karen Prochilo REQUEST: Conditional Chanae of Zonina District Classification from AG-2 Agricultural District to Conditional 0-2 Office District. ADDRESS I DESCRIPTION: Property located at 2084 Princess Anne Road. GPIN: 24141197050000 ELECTION DISTRICT: PRINCESS ANNE - 7 SITE SIZE: 2.912 acres AICUZ: 65 to 70 dB DNL surrounding NAS Oceana Planning Commission recommended approval of a similar proposal by this applicant on November 12, 2008; however, the applicant, at the January 27,2009 City Council hearing, proposed modifications to the site plan. City Council determined that the modifications were of such nature that additional review by the Planning Commission was desirable. Thus, the City Council referred the application back to Planning Commission. SUMMARY OF REQUEST The applicant proposes to rezone the existing site, zoned AG- 1 and AG-2 Agricultural District, to 0-2 Office District for the purpose of developing a two building office complex. This property is to be developed in conjunction with another Conditional Rezoning of the property to the north and east to office and retail. The other rezoning will provide a loop road from which this property will have access instead of having a direct access from Princess Anne Road, The proposal features two office buildings with associated parking built in a phased approach. The first phase office building faces Princess Anne Road with parking behind 75 feet of landscaped buffer. The second phase building sits perpendicular to the initial building creating an L-shape. To accommodate the Phase II office building, additional parking will be provided behind the Phase I building, GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Item 20 Page 1 The design of the initial one story building is somewhat postmodern in appearance. Utilizing simple shapes, a raisl~d section has been designed to direct the eye towards the building's primary entrance. Each subsequ,ent tenant has a smaller gable end pediment to introduce their entrances. The primary building materiials are EIFS, glass and architectural style shingled roof. For continuity, the second phase building will utilize a similar design and materials. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural residential site SURROUNDnI,JG LAND USE AND ZOINING: North: South: East: West: . Cultivated farm field I AG-2 Agricultural District . Rural residential single-family home I AG-2 Agricultural District . Cultivated farm field I AG- 1 & AG-2 Agricultural Districts . Across Princess Anne Road construction on single-family home development I PD-H2 Planned Development Overlay NATURAL RESOURCE AND CULTURAL F'EATURES: The majority of the site is rural residential wI a single family home. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is currently a two-lane undivided roadway that serves as a minor suburban arterial roadway. Princess Anne Road is shown on the Master Transportation Plan as a future undivided 100-foot wide right-of-way a bikeway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 32,869 ADT 26,300 ADT 1 (Level of Existing Land Use L - 20 Road Service .C") - 48,200 ADT ADT 1 (Level of Service Proposed Land Use 3 - 290 liE") 'Average Daily Trips 2 as defined by existing zoning 3 as defined by orooosed use WATER: This site must connect to City water. There is an existing 10 inch city water main along Princess Anne Road. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. A 12 inch sanitary sewer force main may be available in the future with the construction of the Sherwood Lakes development, GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Item 20 Page 2 II STORMWATER: A stormwater management plan is to be developed in accordance with Public Works Specifications and Standards. The storm water management plan is to provide protection from detrimentally impacting all downstream receiving storm drain systems. Provide adequate stormwater discharge outfalls and identify adequate offsite receiving drainage systems. DOMINION VIRGINIA POWER: A double circuit pole line runs along the east side of Princess Anne Road between this property and the roadway. Relocation of this line would be at the owners' expense. FIRE: No Fire Department comments at this time. POLICE: As a matter of public safety incorporate Crime Prevention Through Environmental Design (CPTED) design principles and strategies in an effort to reduce opportunities for crimes to occur. Natural access control, natural surveillance, and territoriality are the three main principles of CPTED. As a matter of public safety provide a photometric plan for review by the Police Department or appropriate city staff. The lighting 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. To the greatest extent possible, lighting should overlap and be uniform throughout the parking lot. It is recommended that all lighting on the site be consistent with those standards recommended by the Illumination Engineering Society of North America. Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Transition Area I Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work, and play. The Comprehensive Plan states that commercial developments within the Transition Area should be scaled to accommodate local neighborhood needs and incorporate pedestrian friendly design techniques. Commercial buildings should be generally oriented toward the front of the lot within a well landscaped green area while locating the parking and loading areas to the rear of the lot. Parking arrangements in the Transition Area should not be dominant in nature. Parking areas should be located toward the rear of the site while locating buildings toward the front. Additionally parking areas should be broken up into separate sub-areas to avoid the 'sea of asphalt' appearance. Landscaping for the parking area should be strategically located to provide visual relief, shading of the lot, green areas, and screening while insuring that lines-of-sight are maintained. Evaluation: Planning Commission recommended approval of a similar proposal by this applicant on November 12, 2008; however, the applicant, at the January 27, 2009 City Council hearing, proposed modifications to the site plan. City Council determined that the modifications were of such nature that additional review by the GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Item 20 P~ge 3 Planning Commission was desirable. Thus, the City Council referred the application back to Planning Commission. The applicant had the site layout redesigned, which resulted in a reduction of the Transition Area Buffer along Princess Anne Road from 75 feet to 50 feet in width. This reduction still provides a landscape buffer with a multi-uSEl path along Princess Anne Road that will connect to the future residential development. The plan still moves the main vehicular entrance from Princess Anne Road to a Loop Road that will be built with another development proposal (Change of Zoning for that development was approved by the City Council February 24). The applicant's proposed revision continues to retain the landscape buffer and trail along Princ:ess Anne Road. The applicant is providing a landscape buffer along the Loop Road that can be continUl3d along the Loop Road with each lot developed. With these revisions, the proposal has increased its open space to approximately 1/3 of the site. Since this is a Gorner lot, the structures have been placed perpendicular to one another which provided better views of the buildings from both streets. This layout also moves the two buildings closer to the streets while sElparating the parking to avoid a sea of asphalt. With the revision of the site layout, the floor area of the buildings increases by about 2,375 square feet. This proposal f<or an office development is compatible in terms of land use with the recommendations of the Comprehensive Plan. This neighborhood serving office proposal in close proximity to a proposed residential devl310pment and one under construction offers an opportunity to walk or ride a bicycle to these services in lieu of driving. Staff recommends approval of the revised site layout with the proffers below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELlMINAI~Y SITE PLAN - ALTERNATE OFFICES OF MICHAEL L. KAHAN, DDS, HILLS CORNER. PRINCESS ANNE ROAD" dated June 30, 2008, prepared by Cox, Kliewer & Company, P.C., which has been exhibite,d to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Site Plan"). PROFFER 2: When the Property is developed, the office building designated "Phase I 12,895 SF" on the Conceptual Site Plan shall have the architectural design and features substantially as depicted on the exhibit entitled "FRONT ELEVATION, OFFICES OF MICHAEL L. KAHAN, DDS HILLS CORNER, PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA", dated June 30, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation"). The primary exterior building surface shall be EIFS, glass and architectural shingles as depicted on the Elevation. GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Item 20 F!.age 4 I ,. II PROFFER 3: When the office building designated .PHASE II, 2 STORIES - 22,360 SF..." on the Conceptual Site Plan is developed, it shall utilize substantially the same high quality architectural design and features, as well as exterior building materials, as those depicted on the Elevation. An elevation for the office building designated .PHASE I, 2 STORIES - 22,360 SF..." shall be submitted to the Director of the Virginia Beach Department of Planning or his designee, for review and approval, prior to issuance of a building permit for that building. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated June 30,2008, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Item 20 Page 5 AERIAL OF SITE LOCATION GATEWAY ENTERPRISES, LLC / SHEP SMITH, INC. Agenda Item 20 Page 6 ..~. ..---,~._..____.,_ ._.... 'i__lR._",.' 11 '. :':(-_."'-"\:'" --~-..~- - y----^~-~ - Ii I,.., 1 ." ;~-_.. -..--. ' 1"~,"', f ~;"..._.- ( , ~ 1,....-.. 1, i~._.... 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W:z <(z r ~~ Ut:~6 ~ ~~ "- u..~:r: ~ 0",':-' " ff3l~ g ~e~ :" ~'~~ ~ -cI r ~ .." :2 . . j ORIGINAL PRELIMINARY SITE PLAN - ~~ l ~f:, ,~ ""'--.... .>' /:11 I .J _.,a. :S 0- W l- v:; >- (k:: <( Z ~ :::i LJ.J (k:: 0- GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Item 20 Page 7 ~. ~ <( I ,4: ".-" ,",-,-<--- .' '''... !'- ,--~ \11 !;- - '" i ~.~ -~- j- ~- : " _r., .,. --,^.. . -, ~). "z;' ill. -.----^'-. - .~, '~ --""-~~_.,'!!!lII!. 1(':'1' ..... - " -...- '~""-"-"'''''_-''''-'''''_''_'':'''-^''~--<''':,~-+.''-'~_.~-~~;,.,... cV'o~ dOOl ~-^ .~"- > " & R c" " C Vo ~ t:J '" ~ ,-,J ""' ;f u c ;;; 0( <( ~ '/:1 ~ ~ '" ;; ",~ ~ " 2 "- ,+, -<. v, II " ,,-". ., , ("i ~ " ,,' 12 :1 <( " a ,', II V' '. Z ~ 'b l- .., ~ -- 0( <( '" ~',> = - "is: OC; iJ.;. d ~:', v, 0 '" "- . -' Q J: - 0- W i:\j "- ? t:: v, " ~, ~ U:, '" V) c: "- ~ <.'.' ~~ € - , ~n - ;.;; ,.-, ~~ s; ;..)..,. <<({<,: 3:'5 ^;"Z "t ~ ?'.' ',' 0.~ ;, ~ .. 'oj.... ~" \.,~ -" - c... lJ.J '. ~ >- 01: <: Z'- ~ u: 01:. a...~ ~ '" ~ :<: <( ~ w z ,'2 "- W I- <( Z oc: W ~ <( /~ -l a.. w !::: V) >- Ck: <( Z ~ :::i w Ck: a.. :s o :i <: :r; <: "" ....l -' w <: :r; ~ ~ \,j", o lil ~ ..... ..... o ~ %i ~ ~ ~.' ' F 2!1 "" .~ q ." :-"~ ~ 2 G ~ ii "- REVISED PRELIMINARY SITEP.LAN GATEWAY ENTERPRISES, LLC I SHEP SMITH,ltJC. Agenda Item 20 Rage 8 I ,. I' ..1 U') o o z <( :r: <( ~a . "- -Iv '" u1~ <(/ :r:<~ U1Jif ~ uk q < Z~ ~ u.. !i:.t. ~ 0",." <'. V')~;1 '- UJ ~ rt: 2 Sd 8~ tt~~ c o =f:->. ;;r ~ ? ~-~ '" L ~ ""I I- . ~ '.' .a .L. . ,~ - PROPOSED BUILDING ELEVATION GATEWAY ENTERPRISES, LLC / SHEP SMITH, INC. Agenda Item 20 Page 9 1 06/13/06 Conditional Rezoning from AG-11 AG-2 to Granted R-20 wI PD-H2 overlay 2 03/~~8/06 Conditional Rezoning from AG-1 I AG-2 to Granted R-10 3 06/14/05 Conditional Use Permit (Childcare Granted Education Center) 4 12/111/01 Conditional Use Permit (Gas Station wI Granted convenience store) 5 05/~~5/99 Conditional RezoninQ from AG-2 to B-2 Granted ZONING HISTORY GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Iterry 20 Pagef 10 I " II . ~ DISCLOSURE STATEMENT . ij APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm. business, or other unincorporated organization, complete the following: 1, list the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) Gateway Enterprises, LLC, a Virginia limited liability company: Michael L. Kahan, 0,0,5., Sole Member 2, list all businesses that have a parent-subsidiary 1 or affiliated business entit( relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Shep Smith, Inc.: Kent A. Mote, President; Sharon H. Mote, Vice PresidentlSecretarylTreasurer; Mary A, Menzer, Director 2, list all businesses that have a parent-subsidiary1 or affiliated business entit( relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm. business, or other unincorporated organization, , & 2 See next page for footnotes Condijional Rezoning Application Page 11 of12 Revised 91112004 z o I I ~ U I I ~ =-- ea t.:) ~ ~ N ga ~ o I I f-t I I c=l Z o u GATEWAY ENTERPRISES, llC I SH~P SMITH, INC. Agenda Item: 20 Page' 11 z o I I !< u ~ ~ c;.:, ~ z o N ga ~ o I I F-t I I ~ U W'!" ., I DISCLOSURE STATEMENT I ADDlTlONAL DISCLOSURES Uflit all known contractors or businesses that have or will provide services with respect to 'the requested property use, Including but not lmitBd to the providers of architectural selrvices, real estate services, financial services, accounting services. and legal 88Irvices: (Attach list if necessary) CCIX, Kliewer & Co. Sykes, Bourdon, Ahem & Levy, P,C. GI~obal Real Estate Investment, Inc. The Katsias Company 1 "Parent....ubsldiary relationship" means "a relationship that exists when one corporation directly or indir8ctly 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 S 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than palrent-subsldlary relationship, that exists when (i) one buell'l8ll entity has a controUing ownership Interest in the other business entity, (II) a controlling owner In 0018 entity is also a controlling owner in the other entity, or (Iii) there Is shared mllnagement or control between the business entities. Factors that should be COif181dered In detenninlng the existence of an affiliated businese entity relationship Int::lude 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 entitIe8 share the use of the same offices or employees or otherwise share actIvitie8, resources or pEtrsonnel on a regular balls; or there is otherwise a ctose working relationship bEttween the entities." See State and Local Government ConfUct of Interests Ad., Va. C4:xte S 2.2-3101. CERTIFICATION: I certify that the infonnation contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been S(:t1eduled for public hearing, I am responsble for obtaining and posting the required .ign on the subject property at least 30 days prior to the scheduled public hearing al:x:ording to the instructions in this package. ~~vr,tth/ f~' Midtaell. Kahan, DDS, Sole Member A1~I~ gnature Print Name Shep Smith, Inc. By: Kent A. Mote. President Plroperty Owner's Signature (if different than appIlc8nt) PrInt Name CondIlonaI RezolWlo AppbIion P.12~12 RMiIed 1lI112OO4 GATEWAY ENTERPRISES, LLC I SHEP SMITH, INC. Agenda Itent 20 Page' 12 I ,. I' z o I I ;;; t.J I I b2 ea C) z I I Z o N ga ~ o I I F--4 I I ~ o C-' DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Cox, Kliewer & Co. Sykes, Bourdon, Ahem & Levy, P.C. Global Real Estate Investment, Inc. The Katsias Company 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2,2-3101, 2 "Affiliated business entity relationship. means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entitY..has a controlling ownership interest in the other business entity, (ii) a qontrolling 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 infonnation contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Gateway Enterprises, LLC By: Michael L. Kahan, DDS, Sole Member Applicant's Signature ~ Print Name Sh~sm' ,Inc.. d By: ~~ Kent A. Mote, President Prop ~rty Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/112004 GATEWAY ENTERPRISES, LLC / SHEP SMITH,INC. Agenda Item, 20 Page' 13 Item #20 Gateway Enterprisfes, L.L.c. Change of Zoning District Classification 2084 Princess Anne Road District 7 Princess Anne March 11, 2009 CONSENT Joseph Strange: The next item is item 20. An application of Gateway Enterprises, L.L.C. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0- 2 Office District on property located at 2084 Princess Anne Road, District 7, Princess Anne with four proffers. Eddie Bourdon: Again, thank you Mr. Vice Chair, Madame Chair and members of the Commission, for the record, Eddie Bourdon, a Virginia Beach attorney. We appreciate being on the consent agenda. We appreciate staffs patience in working with the slight change of direction at the last minute on this application. The Princessboro application was also approved by City Council unanimously two weeks ago, which this is kind of in combination with that. We appreciate being on the consent agenda. ( Joseph Strange: Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. The Planning Commission recommended approval of a similar proposal of this applicant back in November 2008. However, when it went to City Council in January of this year with a proposed modification to the plan, the Council determined that the modification were of such a nature that additional review was required and referred it back to the Planning Commission. The applicant has redesigned the plan, which reduced the transition area buffer along Princess Anne Road from 75 feet to 50 feet but they provided a landscape buffer along loop road and they have increased the open space. With the revised site layout, the building size increased by about 2,375 square feet. The Planning Commission did not have any problems with the changes and placed the item on the consent agenda for approval. Joseph Strange: Okay. Thank you Jay. Madame Chairman, I make a motion to approve agenda item 20. Janice Anderson: A motion by Joe Strange. Do I have a second? Donald Horsley: Second. Janice Anderson: I have a second by Don Horsley. Kathy? ( Kathy Katsias: Madame Chairman, I have to abstain from item 20. ( ( ( II Item #20 Gateway Enterprises, L.L.C. Page 2 Janice Anderson: Okay. Thank you. Bill Macali: Madame Chair, just for the record, Ms. Katsias if you could just state the reason for your abstention. Kathy Katsias: We have a business relationship with them. Bill Macali: Very good. Thank you. Janice Anderson: Thank you. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS LIVAS REDMOND RIPLEY RUSSO STRANGE AYE AYE AYE AYE AYE ABS AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 20 for consent. Janice Anderson: Thank you. I want to thank everybody for coming down today who had an application on the consent agenda. Thank you very much. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No, DF-7215 DATE: April 1, 2009 FROM: Mark D. Stiles .~-:\ B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Gateway Enterprise, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 14, 2009. I have reviewed the subject proffer agreement, dated June 30, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Halssen I ,. I' PREPARED BY: II SYl(IS. BOURDON. ADrnN &. LM. P.c. GATEWAY ENTERPRISES, LLC., a Virginia limited liability company SHEP SMITH, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of June, 2008, by and between GATEWAY ENTERPRISES, LLC, a Virginia limited liability company, party of the first part, Grantor; SHEP SMITH, INC., a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing 2.9 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG-2 Agricultural District to Conditional 0-2 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2414-11-9705 1 PREPARED BY: II SillS. ROURDON. AmRN & llVY. P.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the 0-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN - ALTERNATE OFFICES OF MICHAEL L. KAHAN, DDS, HILLS CORNER, PRINCESS ANNE ROAD", dated June 30, 2008, prepared by Cox, Kliewer & Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Site Plan"). 2. When the Property is developed, the office building designated "PHASE I, 12,895 SF" on the Conceptual Site Plan shall have the architectural design and features substantially as depicted on the exhibit entitled "FRONT ELEVATION, OFFICES OF MICHAEL L. KAHAN, DDS HILLS CORNER, PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA", dated June 30, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation"). The primary exterior building surface shall be EIFS, glass and arehitectural shingles as depicted on the Elevation. 3. When the office building designated "PHASE II, 2 STORIES - 22,360 SF ..." on the Conceptual Site Plan is developed, it shall utilize substantially the same high quality 2 I I, , II PREPARED BY: I3IB SYRIS. ROURDON. mil AIIrnN & LPlY. P.c. architectural design and features, as well as exterior building materials, as those depicted on the Elevation. An elevation for the office building designated "PHASE II, 2 STORIES- 22,360 SF ..." shall be submitted to the Director of the Virginia Beach Department of Planning or his designee, for review and approval, prior to issuance of a building permit for that building. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-2 and 0-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, 3 PREPARED BY: lIB SYllS. ROURDON. .. AHmN & UVY. P.C including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existenc:e of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 I ,. II PREPARED BY: lIB sms. DOURDON. .. AlImN & lIVY. P.c. WITNESS the following signature and seal: Grantor: Gateway Enterprises, LLC, a Virginia limited liability company By: fill J2;h~- (SEAL) 'Michael L. Kahan, D.D.S., Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of July, 2008, by Michael L. Kahan, D.D.S., Managing Member of Gateway Enterprises, LLC., a Virginia limited liability company, Grantor. A '. ~ ~ 6 .-' ~~1i . I p1~ '1M Notary ublic My Commission Expires: Notary Registration No.: August 31, 2010 192628 5 PREPARED BY: II SYKI:S. ROURDON. AmRN & UVY. p,c WITNESS the following signature and seal: Grantor: Shep Smith, Inc., a Virginia corporation BY~ /# Kent A. Mote, President STATE OF VIRGINIA CITI OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this 1st day of August, 2008, by Kent A. Mote, President of Shep Smith, Inc., a Virginia corporation, Grantor. 4- L4 . .... ".- ~/' r ,.,,, _/ ~2i~ , "mC{!o-{~~f? - Notary Pub ic My Commission Expires: Notary Registration No.: August 31, 2010 192628 6 I' PREPARED BY: &Isms. ROURDON. AJImN &: IIVY. P.c. EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate, lying and being in the princess Anne Borough of the City of Virginia Beach, Virginia, known, numbered and designated as 2.912 ACRES, on that certain plat of survey entitled "Subdivision of a Portion of Parcel C, Plat of Property of Ida V. James Heirs for David E. Kellam, Princess Anne Borough, Virginia Beach, Virginia", dated May, 1975, and made by Marsh and Basgier, Inc., P.C. Engineers, Surveyors, Planners, which plat is du1y of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 110, at Page 19, reference to which plat is hereby made for a more particular description of said property. GPIN: 2414-11-9705 ConditionalRezone/GatewayEnterpriseds/Proffer 7 III - 38- V-L.l. PLANNING ITEM # 58145 (Continued) Voting: //-0 (By Consent) Council Members Voting Aye: William R "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan. Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October /4, 2008 I I, " II III - 37 - V-L.J. PLANNING ITEM # 58145 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED an Ordinance AUTHORIZING a six [6] month extension of time (April 23, 2009) to satisfy conditions in the closing, vacating and discontinuance of a portion of a street, known as Grimstead Road. south of Back Bay Landing Road in behalf of JOSEPH W; FREEMAN, JR. Ordinance upon application of JOSEPH W; FREEMAN JR in the matter of closing, vacating and discontinuing a portion of that certain street known as Grimstead Road as shown on that certain plat entitled "PLAT SHOWING PROPOSED STREET CLOSURE ADJOINING PROPERTY OF JOSEPH W. FREEMAN, JR. D. B. 1761, P. 4322, MB. 172, P. 85, VIRGINIA BEACH. VIRGINIA". DISTRICT 7 - PRINCESS ANNE. The following conditions are required with the Street Closure approved on October 23, 2007. The applicant requires additional time to complete satisfaction of conditions 2, 4 and 5. I. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within thO'ight-of-way proposedfor closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided 4. A cul-de-sac or other City approved turn-around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end ofGrimstead Road public right-of-way. In addition. a right-of-way dedication will be required to accommodate the cul- de-sac. / ., 5. A final plat shall be approved and recorded identifying and ensuring legal access is provided to all lots east of the portion ofGrimstead Road to be closed All lots shall have direct access to a public right-of-way or an easement allowing access to site. Lots may be consolidated in order to ensure legal access is provided 6. Closure of the right-of- way shall be contingent upon compliance with the above stated conditions within 365 days (October 22, 2008) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-ol-way, this approval shall be considered null and void' October /4. 2008 ';j - ",-, ~ ~ ~ ~ . ! ,; 1\ II 1 ~ I ""<bit p... ,,€;~,JU \ \ 'It __.l----- l ~ oi II ~'Is' l \ iiI:1511~l \is'i~sl ~~1J!:1" l~' \ If :n i\t "'~~ .,...--- ,.,,,,,~" II .. ~ \ \.JJ \ en ~ 5, Fa. <( ~~ eN o. en ~ci 0% ~- ~\~I\ ft "i> "'.II .",If! ,\~l ~'l ~1. l\\ ~ Ill< ~ ~s i.. C) l: ~ .' a1 3- ~,. \~. \I\~!.l !\l: \~\; , ........ ~...y.:;'i.';, 1.) '\ "'-.. t~: -'fi~ !'; - ~".'- l \ \ \\: ,,,,~ \~~ '# 's~ ~). , .. t-~ ,i~ t" ,,;~ .. .0 "10 0...... 'f') ~< \I \I 0::-' '0 .0.... O' .1") ~~ 1\ II ~-1 u o ltl "" 0\ d "- i i U) ~ c-i ... e \~ ~ % IX: ~ <> ~\!I. %: i~: "'::0" ~~ II " I r ~'~':l~,"IA, '~~"'~,~l [,0 . , ~ l=.. +...t \u " >5 . .) ";., /) \: ,,, ~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM "" \. ~ ITEM: An Ordinance further extending the date for satisfying conditions in the matter of closing, vacating and discontinuing a portion of that certain street known as Grimstead Road as shown on that certain plat entitled "PLAT SHOWING PROPOSED STREET CLOSURE ADJOINING PROPERTY OF JOSEPH W. FREEMAN, JR. D. B.1761, P. 4322, M.B.172, P. 85, VIRGINIA BEACH, VIRGINIA". DISTRICT 7 - PRINCESS ANNE. MEETING DATE: April 14, 2009 . Background: On October 23,2007, City Council approved the closure of a portion of Grimstead Road (also known as Grimstead's Lane) beginning at a point approximately 800 teet south ot Back Bay Landing Road and continuing in a southeasterly direction to its terminus. . Considerations: There were six conditions to the approval ot the street closure: 1. The City Attorney's Office will make the final determination regarding ownership ot the underlying tee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved tor recordation prior to final street closure approval. 3. The applicant shall verity that no private utilities exist within the right-ot-way proposed tor closure. Preliminary comments trom the utility companies indicate that there are no private utilities within the right-ot-way proposed for closure. It private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. A cul-de-sac or other City approved turn-around configuration suitable for trash collection ad emergency service vehicles must be constructed by the applicant at the new end ot Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de-sac. Joseph W. Freeman, Jr. Page 2 of 2 5. A final plat shall be approved and recorded identifying and ensuring legal access is provided to all lots east of the portion of Grimstead Road to be closed. All lots shall have direct access to a public right-of-way or an easement allowing access to site. Lots may be consolidated in order to ensure legal access is provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions. noted above are not in compliance and the final plat is not approved within onEl (1) year of the City Council vote to close the street, this approval will be considlered null and void. On Octobler 14, 2008, the applicant applied for and was granted an extension of time to satisfy the conditions. The applicant is requesting additional time to complete satisfaction of conditions 2,4 and 5. Staff concludes that the request for additional time is reasonable. . RecommlEmdations: Allow an oxtension of 1 year for satisfaction of the conditions. . AttachmEmts: Staff ReviElw Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended ~~ction: Staff recommends approval. Planning Commission recommends approval. Submitting DepalrtmentlAgency: Planning Department City M.n.ge~ \L ~lIO"z. I ,. I' JOSEPH W. FREEMAN, JR. Agenda Item 6 September 12, 2007 Public Hearing M-I L-U We;.> !'i<)\ ,0;- ::<."i. Staff Planner: Leslie Bonilla + /0 / N Jd. /lAi LtN ",Jr- ~,\ Q \l t-i1 I r"'ll REQUEST: Cl Discontinuance. closure and abandonment. of a portion of Grimstead Road, beginning at a point approximately 800-feet south of Back Bay Landing Road intersection and continuing in a southeasterly direction to its terminus. ADDRESS I DESCRIPTION: Property beginning at a point approximately 800 feet south of Back Bay Landing Road intersection with Grimstead Road and continuing in a southeasterly direction to its terminus, COUNCIL ELECTION DISTRICT: 7:- PRINCESS ANNE SITE SIZE: 42,471 square feet SUMMARY OF REQUEST The applicant requests closure a portion of Grimstead Road to incorporate it into the surrounding property (GPIN(s): 2318-70-5588, 2318-72-5115 & 2318-72-7730), This portion of Grimstead Road was originally dedicated in April 1947 so a school bus could access the property. No residential structure is presently located on the property on either side of the road and the properties adjacent to the road are enrolled in the Agriculture Reserve Program. The road is presently used as an illegal dumpsite to dump trash and for underage drinking and related activities. Closing the road would allow the applicant to restrict access to the property and abate the nuisance which presently exists as a result of the road being a public right-of-way. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Unpaved road. SURROUNDING LAND North: · Agricultural land I AG-2 Agricultural District JOSEPH W. FREEMAN".JR. Agenda Item 6 Page 1 USE AND 2:0NING: South: East: West: . Agricultural land I AG-2 Agricultural District . Agricultural land I AG-2 Agricultural District . Single-family dwellings I AG-2 Agricultural District NATURAL RESOURCE AND CULTURAl. FEATURES: The site does not have any known significant historical, cultural, or environmental features, AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana, IMPACT ON CITY SERVICES PUBLIC WIORKS (TRAFFIC ENGINEERING): As a condition of the closure of this portion of Grimstead Road, a cul-de-sac or other approved turn around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de-sac. WATER AND SEWER: There are no objections from Public Utilities regarding the proposed street closure. PRIVATE UTILITIES: The primary comments from private utility companies indicate that there are no private utilities within the area proposed for closure; therefore, there are no objections to the proposed street closure. CITY A TTCtRNEY: The description for the 18-foot lane, which appears to include a part of Grimstead Road, does not mention or reference Grimstead Road. However, several plats show that the 18-foot right-of- way overlaps a portion of Grimstead Road. Likewise, the description for Grimstead Road does not mention or reference the lane. Grimstead Road can be closed as long as it is understood that a portion of it is still a lane and can be used as such (and that access to the lane would not be denied). The 18-foot lane appears to be a private lanEI that leads back to property located east of the Freeman property. The western portion of Grimstead IRoad (where the 18-foot lane overlaps) also abuts the Salmons property, so if Grimstead Road is closed in its entirety, one-half of the road would go to the Salmons and one-half to the Freeman's, unless another arriangement is agreed to by those parties. JOSEPH W.FREEMAN,JR. Agenda Item 6 Page 2 II Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: Contingent that adjacent landowners have no need for the street access, as indicated in the application, and considering the location of the proposed street closure in the midst of Agricultural Reserve Program property, the existing land use does not warrant the need for the street to remain opened. It is recommended that the applicant address safety concerns by not only restricting access to the roadway as described in the application, but also by re-grading the existing roadway into a more natural state to blend in with the agricultural lot. The Viewers met on July 18, 2007 and determined there is no public inconvenience from the closure and abandonment of this right-of-way, subject to the conditions listed below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee, The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,. approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels, The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4, Closure of the right-ot-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void, 5. A cul-de-sac or other City approved turn-around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-ot-way, In addition, a right-ot-way dedication will be required to accommodate the cui-de- sac. JOSEPH W. FREEMAN,'IJR. Agenda lte:rn 6 Page 3 6,. tt-sAa1l 99 under-stood and shall ge noted on the final plat that the existing 18 foot right of way which eYeFlclpS a peltieR GFiR-lsteaa Road is still a laRe and san be used as such. Access to the laRe shall flet-e43 denied. 6. A fimll plat shal/ be approved and recorded identifying and ensuring legal access is provided to aI/lots east of the portion of Grimstead Road to be closed. AI/lots shal/ have direct access to a public right- of-way or an easement aI/owing access to site. Lots may be consolidated in order to ensure legal access is provided. 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 appUcable City Codes and Standards. The applicaf,lt 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. JOSEPH W. FREEMAN,JR. Agenda Item 6 Page 4 " I AERIAL OF SITE LOCATION JOSEPH W. FREEMAN, JR. Agenda Itern 6 Page 5 ~. . ~ s . , . It . 1 ~ . ,t 'I' l~~" .'1':' lflil1 /---- ;~ \\ " ~\\ ell I~ 't \~ . ,... Y\ I.... ,I, ,"ill \ 11"t ~ , 'j ~,~ L::-Jif " ~'":..."'.:.."~...;c~.::..........dJ '11 ;ll 'illl ~, ~Iihi\i ~I\r'l\ ' / /~/f i~ ~. ~. -i.' h';' ...It 'ttl I!~ .et. Il,ll a -j , I. ,,~ ~~ \ II! \ t~.. ~i! i~ \ \ :ft'>w~ .i' ~! l.. I.: I~' ~ - t l I . \1\; tll, 13: . ,is i ,~: SURVEY OF AREA TO BE CLOSED JOSEPH W. FREEMAN,JR. Agenda \tetP 6 page 6 I' ~ N Map ~ZZ Mop Not. to So,,)e r. B 11 .. o - Al .. COOl ... No zoning activity has occurred in the recent past. ZONING HISTORY JOSEPH W.'FREEMAN, JR. Agenda Ite~ 6 Pag'~ 7 f =d>" , \~ ~~ \i~' \~ . lO 1jl1i' g,3 t:.L -s-5'" 'iliii ~'Oi '~~ . *~~ ~ ii ~ OIl *-~'if ~=s'C iil'~ 'g ~ 9 ~I ~ ~~~s ~~].~ 0( ... g>'" 5;~~ >::i.iilc - I".) ~~.... o c;:c...... o'~'-~,~ -4(.0 : Jh: ~ ;..~ ~ nn .~. If' j., :;, ;jl~ ''0 r...; ., ~ l 1 g t I ~ .;. :;; ~ !Ii' ~ ~$ 0 i'~ 'Iii oz. 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". s' ~ 31l:: ~ r~?l'~ iH~~i ~ s e. R 'u ~ ~~'.~~i~ i.Ha~ -Sllli'fril', :---'~ .c.te..3,b~ h~.~H '~.dln ~~"ii4i ,,,~31l ilk ~e.~~~~ ~h?lH di~it5~ w<!>ft.'" ~l~~ " r-- ~" ~~', .~ t j~-) 'f \t " I~ \ \" .. \~ ,:l. t, .~ \~ (Ii l~ i~ \l,) If! ,,<, r"" \. \^i~ 1 " .. ~ ., " '<; " "" " ~ ~'B o~ , .. H li ~u e~ ,,<( 0.......'. :~ !\ '" " ;; '" ~~ *~ ,~ .?- .3~ ~.g t;g :; e '" ~ 6. l ;; '" " o ;i \~ ~~ "," E'~ \~i ~~ \ i~ \ t ~ c: ~ \ ii Ii . 'e 0 12 Iii \ II ~ 0 ~~ \ j ~ ...e ~ " ,.. u; '" ~ .; w ~ In ,i \\.11 ~ ::) II) .0 '\\\.......~ a I I , ~ ~ ~ f.; _ c ~ ~'J " 3 ~ g .g ~ " '0 ~ g '" .. 'c ~ ? ~ ;;> a 15 ! 5 ~ ~t.1 ~ ~ 0 o 0 ill $ ~ 05 t '0 f; ~ ~ ~ c. i~~ t ~.~ li; ~ ;: ~'ll" Jg' ~ "' NOI1Y:> 11d.dV ffiUlS01:llaall1S D\SCLOSURE STATEMENT JOSEPH W. !fREEMAN.JR. Agenda lte!':f' 6 Page 8 Item #6 Joseph W. Freeman, Jr. Discontinuance, closure and abandonment of a portion of . Grimstead Road District 7 Princess Anne September 12, 2007 CONSENT Janice Anderson: The next item is agenda item 6. This is the application of Joseph W. Freeman, Jr., for the discontinuance, closure and abandonment of a portion of Grimstead Road. This is approximately 800 feet south of Back Bay Landing Road in the Princess Anne District. Welcome. Richard Whitmore: Good aftemoon Commissioner Anderson. Ladies and gentlemen of the Planning Commission, I'm Richard Whitmore, a local attorney appearing on the behalf Joseph W. Freeman, Jr., the applicant. Janice Anderson: Mr. Whitmore this comes with six conditions, and I believe number 6 was modified at our informal? Richard Whitmore: Yes ma'am. They are fully acceptable with Mr. Freeman, the applicant. I just wanted to make sure that you had the modified number 6. Janice Anderson: Yes. We did. Richard Whitmore: We were aware of that, and we agree to that. Janice Anderson: Thank you very much. Barry Knight: Joe. We are glad to see you here today. Don and I are glad to see another farmer in the crowd. After about 30 or 40 years, I guess you're getting tired of picking up trash on the end of this lane? Joseph Freeman: You got it. Janice Anderson: Is there any objection to this application being placed on the consent agenda? I see none. The Chairman has asked Al Henley to review this application. AI Henley: Thank you. This portion of Grimstead Road is located approximately 800 feet south of Back Bay Landing Road. The applicant requests closure of a portion of Grimstead Road to incorporate it into the surrounding property. This portion of Grimstead Road was originally dedicated in April 1947 so a school bus could access the property. No residential structure is presently located on the property on either side of the road, and the properties adjacent to the road are enrolled in the Agriculture Reserve Item #6 Joseph W. Freeman, Jr. Page 2 Program. The road is presently used as an illegal dumpsite to dump trash and for underage cbinking and related activities. Closing the road would allow the applicant to restrict accc::ss to the property and abate the nuisance which presently exists as a result of the road being a public right~of-way. Staff recommends approval of this request. Therefore, 1he Planning Commission recommends that this item be placed on the consent agenda with the attached list of conditions. Thank you very much. Janice Andc~on: Thank you. Mr. Chairman, I would like to make a motion to approve the following agenda item 6. Barry Knight: There is a motion on the floor by J an Anderson and seconded by Gene Crabtree to approve agenda item 6. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTRE:E AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMONl) AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. 1 AN ORDINANCE FURTHER EXTENDING THE 2 DATE FOR SATISFYING CONDITIONS IN THE 3 MATTER OF CLOSING, VACATING AND 4 DISCONTINUING A PORTION OF THAT CERTAIN 5 STREET KNOWN AS GRIMSTEAD ROAD AS 6 SHOWN ON THAT CERTAIN PLAT ENTITLED 7 "PLAT SHOWING PROPOSED STREET CLOSURE 8 ADJOINING PROPERTY OF JOSEPH W. 9 FREEMAN, JR. D. B. 1761, P. 4322, M.B. 172, P. 85, 10 VIRGINIA BEACH, VIRGINIA". 11 12 WHEREAS, on October 23, 2007, the Council of the City of Virginia Beach 13 acted upon the application of Joseph W. Freeman, for the closure of a portion of 14 Grimstead Road (also known as Grimstead's Lane) as shown on Exhibit "A"; 15 16 WHEREAS, on October 23, 2007 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before October 18 22, 2008; and 19 20 WHEREAS, on October 14, 2008, the applicant applied for and was 21 granted an extension of time to April 23, 2009 to satisfy the conditions attached to the 22 aforesaid street closure; and 23 24 WHEREAS, on March 26, 2009, the applicant requested an additional 25 extension of time to satisfy the conditions attached to the aforesaid street closure. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 28 Virginia Beach, Virginia: 29 30 That the date for meeting conditions of closure as stated in the Ordinance 31 adopted on October 23, 2007, upon application of Joseph W. Freeman, is extended to 32 March 23, 2010. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 35 day of , 2009. 36 37 GPIN: 2318-70-5588, 2318-72-5115 and 2318-72-7730 CA-11005 V:\applicalions\citytawprod\cycom32IWpdocs\DOO1IP003I00007911.DOC R-1 April 1, 2009 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l1uic. ~ ~ City Attorney M. APPOINTMENTS AUDIT COMMITTEE ARTS AND HUMANITIES COMMISSION CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM (ASAP) MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROAD (HRT) TOWING ADVISORY BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V I DATE: 03/24/2009 L D S L PAGE: \ E D H E A W D S I E J S U N I AGENDA A T E D N 0 S H U L W ITEM # SUBJECT MOTION VOTE V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D I BRIEFING: A, INTERIM FINANCIAL Patricia Phillips, STATEMENT Director-Finance B. PARKING SYSTEM RATES James Ricketts, Director- Convention & Visitors Bureau (CVB) IIlIIIINNI CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y A Y Y Y A Y Y VIE SESSION B S T A I N E D V/F MINUTES APPROVED 8-0 Y A Y A Y Y Y Y A Y Y B B InfonnaVFonnal Sessions 3/10/09 S S T T A A I I N N E E 0 0 GIH PRESENTATION James K. Spore, City Manager OPERA TINGICAPIT AL BUDGETS FY2009-20 \ 0 Catheryn Whitesell, Director- Management Services 11\ PUBLIC HEARINGS: 1. SALE OF EXCESS CITY PROPERTY 2245 Reuben Street - Gatewood Park! No Speakers 2. LEASE OF CITY OWNED PROPERTY - Fanners Market a, Andrew Skipper, tla Homegrown No Speakers Country Market re: Space # \ 0 b. Paul and MaryJean Reid, tla No Speakers MaryJean's Bakery re: Space #\ I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 03/24/2009 L D S L PAGE: 2 E D H E A W D S I E J S U N I AGENDA A T E D N 0 S H U L W ITEM # SUBJECT MOTION VOTE V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D JII Ordinance re City Cod,~: a. to AMEND 921-322/21-324 re: ADOPTED, BY 9-1 Y N Y Y Y Y Y Y A Y Y Parking Met,er Rates CONSENT b, to AMEND Chapter 5 re: Animals ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y and Fowl CONSENT c, to REPEAL 933-131 re: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Newsracks CONSENT 2 Ordinance to REVISE City Council Policy ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y re: Time Limits for Spclakers at City CONSENT Council Meetings 3. Ordinance to DECLARE City-owned land ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y as excess property re: 2245 Reuben Street CONSENT to Tammy McClenneylAUTHORIZE conveyance of the propcll'ty, DISTRICT 6 - BEACH 4 Resolution to COMMEND Restaurant ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y AssoclMatt Falvey, Laura and KaI Habr CONSENT re: State Legislation to Prohibit Smoking in Restaurants 5. Resolution to AUTHORIZE School Board ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y to submit Loan ADDIic~ltion to Vinrinia CONSENT Literary Fund re Great Neek Middle School 6. Ordinance to AUTHOIUZE extension of ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Horseback Riding on the Beachl CONSENT AUTHORIZE an Amended Franchise Agreement, DISTRICT 6 - BEACH 7. Ordinance to AMEND Open Air Cafe ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Regulations re: Resort Gateway CONSENT Corridors/West of Pacific Avenue 8 Ordinances to AUTHORIZE leases of City-owned property at Farmers Market: a, Andrew Skipper IJa Homegrown ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Country Market fll: Space #11 CONSENT b. MaryJean Reid Ua MaryJean's ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y y Bakers re: Space #10 CONSENT DISTRICT 7 - PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V I DATE: 03/24/2009 L D S L PAGE: 3 E D H E A W D S I E J S U N I AGENDA A T E D N 0 S H U L W ITEM # SUBJECT MOTION VOTE V E Z Y L N 0 R E S 0 I I P E E E E M I V 0 0 S H L R Y S S N A N D 9 Ordinance to AUTHORIZE encroachment ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y into portion of City owned property - CONSENT Canal No.2 - for OCEANA DEVELOPMENT, L.P.lto construct/maintain adequate drainage. DISTRICT 6 - BEACH 10 Ordinance to ESTABLISH Capital ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Project! APPROPRIATE $4,000,000 CONSENT from Homeland Security re: (UASI) Interoperable Communications Technology Grant - Phase II KlI SCOTfIDALE BANNING APPROVEDI 10-0 Y Y Y Y Y Y Y Y A Y Y Nonconforminl! Use re garage apartment at CONDITIONED, 114 54th Street. BY CONSENT DISTRICT 5 - L YNNAHVEN 2 BRUCEIELlZABETH HEDLUND ADOPTED. BY 9-1 Y Y Y Y N Y Y Y A Y Y Variance to Subdivision Ordinance re 5711 CONSENT Lancelot Drivel two single-family home sites, DISTRICT 2 - KEMPSVILLE 3 ROBERT H. JOHNSON Variance ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y to Subdivision Ordinance re 1601 CONSENT Virginia Beach Boulevard/two single- family home sites DISTRCT 6 - BEACH 4 MCRJERS, LLC closure portion of DEFERRED TO 10-0 Y Y Y Y Y Y Y Y A Y Y Windsor Crescent at 3868 Jefferson APRIL 28, 2009 Boulevard, DISTRICT 4 - BA YSIDE 5 TOWN CENTER ASSOC, L.L.C. APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y closure of portion of Market Street at CONDITIONED, Columbus Streets BY CONSENT DISTRICT 5 - L YNNHA VEN 6 TOWN CENTER BLOCK 10 APPROVED, 10-0 Y Y Y Y Y Y Y Y A Y Y APARTMENTS, L.P., CUP re public or BY CONSENT private college or university at 4544 Columbus Street. DISTRICT 5 - L YNNHA VEN CITY OF VIRGINIA BEAlCH SUMMARY OF COUNCIL ACTIONS V I DATE: 03/24/2009 L D S L PAGE: 4 E D H E A W D S I E J S U N I AGENDA A T E D N 0 S H U L W ITEM # SUBJECT MOTION VOTE V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 7 REGENT UNIVERSITY CUP re student APPROVED, 9-0 Y Y Y A Y Y Y Y A Y Y dormitory buildings/dining hall at 1352 BY CONSENT B and 1354 Regent University Drive, S DISTRICT I - CENTERVILLE T , A I N E D 8 STUDIO BAMBOO INSTITUTE OF APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y YOGA CUP re yoga at 2865 Lynnhaven CONDITIONED, Drive, DISTRICT 5 - L YNNHA VEN BY CONSENT 9 JULIE COLEMAN - ZEN HOT YOGA APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y CUP re yoga at 3352 Princess Anne Road, CONDITIONED, Suite 901. DISTRICT 7 - PRINCESS BY CONSENT ANNE 10 DANIEL J. BLEVINS at 920 Military MODIFIED! 10-0 Y Y Y Y Y Y Y Y A Y Y Highway: APPROVED/ PROFFERED, BY a, Modifications of Conditions Nos. I CONSENT and 5 re number of units per acre/parking (approved October 9, 2007) b. COZ from A-24 to B-2 re split zoning DISTRICT I - CENTERVILLE II FLORIDA YS, L.L.C., COZ from R-7.5 to APPROVED AS 8-2 Y Y N Y N Y Y Y A Y Y Conditional A-24 re to"mhome-style PROFFERED community at 4303 Bonney Road DISTRICT 5 - LYNNAHVEN 12 HARMONY INVESTMENTS, INC. DEFERRED 9-0 Y Y Y Y Y Y A Y A Y Y COZ from I-I to Conditional A-36 re multi- INDEFINATELY, B family dwellings! parking/! BY CONSENT S landscaping/leasing offic:e/c1ubhouse/pool at T 5321 Greenwich Road. A DISTRICT 2 - KEMPSVILLE I N E D MIN!O ADJOURNMENT 7:39 PM