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Home My WebLink AboutSEPTEMBER 8, 2009 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WIlDAM D. SHSSOMS, JR., At-LarKe VICE MAYOR IDlffS R. JONES, Bayside - Di.'trlct.J (iIENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH. At-LarKe HARRY E. DIHZEL, Kempsville - District 1 NOBERT M. DYER, Centerville - Dlstrld I BARBARA M. HENLEY, Princess Anile DIstrict 7 JOHN E. UHRIN. Beach DI.,trlct 6 RON A. VILLANUEVA, At-I.arKe IWSEMARY Wff.SON, At-l.arKe JAMES L WOOD, Lynnhaven -Dlstrld 5 CITY COUNCIL APPOINTEES ('fry MANAGER JAMr.~" K. SPORE CITY ATTORNfiY MARK D. Sl1LES ('ITY ASSESSOR JERALlJ HANAGAN ('fTY AllfJ17rJR l.YNI)()N S. IU;MIAS ( 'I1Y CLERK RUTH HOlXiES NIASHR, MMC CITY COUNCIL AGENDA 8 September 2009 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. VIRGINIA BEACH EARLY CHILDHOOD: A Systems Approach to Serving Prenatal to Five Year Olds Jenefer Snyder, Ready to Learn Coordinator B. SANDBRlDGE SAND FENCES Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 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 I II CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM 4:30 PM VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. David Rieke Senior Pastor Avalon Hills 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 SESSIONS August 25, 2009 G. FORMAL SESSION AGENDA H. PUBLIC COMMENT 1. 2010 COMMUNITY LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY New Cingular Wireless - Communication Tower 6009 Blackwater Road 2. CONSTITUTION DRIVE Extended Project Condemnation of Property J. CONSENT AGENDA II K. ORDINANCES 1. Ordinance to AUTHORIZE a Non-Binding Term Sheet with Hi-Sea, LLC re development of the Beach Centre Project at 3151 Street and Pacific Avenue - BEACH DISTRICT 2. An Ordinance to AUTHORIZE acquisition of property in fee simple for the right-of-way for Constitution Drive Extended with temporary and permanent easements, by agreement or condemnation. 3. Ordinance to AUTHORIZE the City Manager to execute a five (5) year Lease with New Cingular Wireless PCS to construct, maintain and operate wireless telecommunication facilities at Fire Station No. 13,6009 Blackwater Road 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights- of-way for COSTANCE P. LOSCHI LIVING TRUST to construct and maintain a riprap, floating pier, ramp and mooring piles on Island Lake at 2413 Broad Bay Road DISTRICT 5 - L YNNHA VEN 5. Ordinance to GRANT a Franchise to Virginia Beach Horses and allow guided horse riding tours on the Beach from September 8, 2009 - June 9, 2010, with the possibility of up to four one- year renewals 6. Ordinances to APPROPRIATE: a. $152,179 to Housing and Neighborhood Preservation re housing subsidies for Veterans b. $61,000 to Kempsville Rescue Squad, Inc. for an interest-free loan re purchase of a replacement ambulance 7. Ordinances to ACCEPT and APPROPRIATE Grants: a. $122,700 to Libraries from Smart Beginnings South Hampton Roads (SBSHR) and $5,000 from Friends ofthe Library re Ready to Learn program b. $83,240 to the Police Department from the Division of Motor Vehicles (DMV) re Seat Belt Law enforcement c. $80,596 to the Police Department from the Division of Motor Vehicles (DMV) re DUI enforcement L. PLANNING 1. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for MICHAEL K. ETHERIDGE, SR. re two parcels West of North Lynnhaven Road and Congress Street - L YNNHA VEN DISTRICT RECOMMENDATION APPROV AL 2. Application ofRA VE SOCCER COMPLEX, Modification of Condition No.2 (approved on March 23, 2004), to allow adult games and ADD a new condition re an indoor soccer facility at 2949 Shipps Comer Road - BEACH DISTRICT RECOMMENDATION APPRO V AL 3. Application of CRICKET COMMUNICATIONS, INC. for Modification of Conditions Nos. 2 and 3, (approved on November 22, 2005 and May 26, 2009) for a communications tower at 1000 North Great Neck Road - L YNNHA VEN DISTRICT. RECOMMENDATION APPROVAL 4. Application of USA NATIONAL KARA TEDO FEDERATION OF VA., INC. for a Conditional Use Permit re an indoor commercial recreation facility (martial arts school) at 600 North Witchduck Road, Suite 103 - BA YSIDE DISTRICT RECOMMENDATION APPROV AL 5. Application of THE REBKEE COMPANY for a Change of Zoning District Classification from 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District re office and retail development at 2236 and 2240 General Booth Boulevard - PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 6. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District Classification from R-5D Residential District to Conditional B-1 Business District re office development at 1945 Centerville Turnpike - (Deferred on April 28, 2009) - CENTERVILLE DISTRICT STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 7. Application of CITY OF VIRGINIA BEACH for an Ordinance to ESTABLISH the City's zoning ordinance regulations re Wind Energy Systems (Deferred on August 11, 2009). RECOMMENDATION APPROV AL M. APPOINTMENTS AGRICULTURAL ADVISORY COMMITTEE BOARD OF ZONING APPEALS - BZA CHESAPEAKE BAY PRESERVATION ADVISORY BOARD HEALTH SERVICES BOARD N. UNFINISHED BUSINESS ,I II O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** COMMUNITY SUMMIT MONDAY, OCTOBER 5, 2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C CITY COUNCIL REVIEW OF COMMUNITY SUMMIT THURSDAY, OCTOBER 6, 2009 8:30 AM CONVENTION CENTER - ROOMS 4-D,E Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board ******** 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 8/9/0951 www.vbl!.ov.com ,I II I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. VIRGINIA BEACH EARLY CHILDHOOD: A Systems Approach to Serving Prenatal to Five Year Olds Jenefer Snyder, Ready to Learn Coordinator B. SANDBRIDGE SAND FENCES Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW .1 II V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION 'I II VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. David Rieke Senior Pastor Avalon Hills 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 SESSIONS August 25, 2009 G. FORMAL SESSION AGENDA ,I II H. PUBLIC COMMENT 1. 2010 COMMUNITY LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY New Cingular Wireless - Communication Tower 6009 Blackwater Road 2. CONSTITUTION DRIVE Extended Project Condemnation of Property ,L0507109 Date LQ!!(~~L~.oq~_.__m.__.J Time t~_':':~~_~M On September 8, 2009, at 6:00 p.m., in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning the granting of a proposed lease of a portion of City property located at 6009 Blackwater Road (Fire Station #13), in the Princess Anne District, to New Cingular Wireless PCS, LLC, for the purpose of constructing, maintaining and operating wireless telecommunications facilities. Any questions concerning this matter should be directed to the Department of Communications and Information Technology, Municipal Center, Building 2, 2405 Courthouse Drive, Virginia Beach, Virginia. Ruth Hodges Fraser, MMC City Clerk Beacon August 30, 2009 20507109 Ad shown is not actual print size II Ad ID~_175~.?___.__________._J Date fu~~~~L20Q~~__..J Time b.Q~4.~~f\.1__w. The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agreement or condemnation of property and easements necessary for the Constitution Drive Extended Project (CIP #2-208), Tuesday, September 8, 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 plans for the project are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303 ; Hearing impaired, call 711. Any questions concerning this hearing should be directed to the Office Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161.. Beacon August 30, 2009 Ruth Hodges Fraser, MMC City Clerk 20517004 Ad shown is not actual print size II J. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE a Non-Binding Term Sheet with Hi-Sea, LLC re development of the Beach Centre Project at 3151 Street and Pacific Avenue - BEACH DISTRICT 2. An Ordinance to AUTHORIZE acquisition of property in fee simple for the right-of-way for Constitution Drive Extended with temporary and permanent easements, by agreement or condemnation. 3. Ordinance to AUTHORIZE the City Manager to execute a five (5) year Lease with New Cingular Wireless PCS to construct, maintain and operate wireless telecommunication facilities at Fire Station No. 13,6009 Blackwater Road 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights- of-way for COST ANCE P. LOSCHI LIVING TRUST to construct and maintain a riprap, floating pier, ramp and mooring piles on Island Lake at 2413 Broad Bay Road DISTRICT 5 - L YNNHA VEN 5. Ordinance to GRANT a Franchise to Virginia Beach Horses and allow guided horse riding tours on the Beach from September 8, 2009 - June 9, 2010, with the possibility of up to four one-year renewals 6. Ordinances to APPROPRIATE: a. $152,179 to Housing and Neighborhood Preservation re housing subsidies for Veterans b. $61,000 to Kempsville Rescue Squad, Inc. for an interest-free loan re purchase of a replacement ambulance 7. Ordinances to ACCEPT and APPROPRIATE Grants: a. $122,700 to Libraries from Smart Beginnings South Hampton Roads (SBSHR) and $5,000 from Friends of the Library re Ready to Learn program b. $83,240 to the Police Department from the Division of Motor Vehicles (DMV) re Seat Belt Law enforcement c. $80,596 to the Police Department from the Division of Motor Vehicles (DMV) re DUI enforcement ,I II '\UA'~~ ~~. ~.........#...~. 9't~~..;.L~Y~'\ (; t ; ~s, ~,\"""""" .... {\\:"" ;p ~..t:.":.'!:W ~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving a Non-Binding Term Sheet With Hi-Sea, LLC, Relating to the Development of the Parcel Located at the Northwest Quadrant of the Intersection of 31st Street and Pacific Avenue in Virginia Beach MEETING DATE: September 8, 2009 . Background: Hi-Sea, LLC ("Developer") has contracted to purchase parcels of land and the improvements thereon located at the northwest quadrant of the intersection of 31st Street and Pacific Avenue in Virginia Beach (the "Property"). Developer plans on constructing a mixed-use development on the Property (the "Beach Centre Project") consisting of residential, office and business units. The City of Virginia Beach (the "City") has approved planned improvements to Laskin Road and surrounding areas in Virginia Beach, more particularly described as CIP 2-143 Laskin Road Gateway Project (the "Laskin Road Gateway Project"), which will be a phased project. The Property fronts portions of Laskin Road, Pacific Avenue, Arctic Avenue and 32nd Street, each of which are planned areas for construction and improvement under Phase III of the City's Laskin Road Gateway Project. Developer plans to coordinate its development schedule with the City's development schedule for Phase III of the Laskin Road Gateway Project. Developer has requested that the City enter into a non-binding term sheet with Developer to coordinate development plans and schedules for the Beach Centre Project and the Laskin Road Gateway Project. . Public Information: Public Briefing on August 11, 2009; Public Comments on August 25, 2009; Advertisement of City Council Agenda. . Alternatives: Authorize City Manager to execute non-binding Term Sheet, change conditions of the Term Sheet, or decline to authorize the City Manager to execute Term Sheet. . Recommendations: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: City Manager \2. ~~ CityManager~ ~ 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 'I ORDINANCE APPROVING A NON-BINDING TERM SHEET WITH HI-SEA, LLC, RELATING TO THE DEVELOPMENT OF THE PARCEL LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF 31sT STREET AND PACIFIC AVENUE IN VIRGINIA BEACH WHEREAS, Hi-Sea, LLC ("Developer") has contracted to purchase parcels of land and the improvements thereon located at the northwest quadrant of the intersection of 31st Street and Pacific Avenue in Virginia Beach comprising approximately 3 acres (the "Property"); WHEREAS, Developer wishes to develop a mixed use project (the "Beach Centre Project") on the Property consisting of residential, office and business units; WHEREAS, the City of Virginia Beach (the "City") has planned improvements to Laskin Road and surrounding areas in Virginia Beach, more particularly described as CIP 2-143 Laskin Road Gateway Project (the "Laskin Road Gateway Project"), which will be a phased project; WHEREAS, Developer plans to coordinate its development schedule for the Beach Centre Project with the City of Virginia Beach's planned development schedule for Phase III of the Laskin Road Gateway Project; and WHEREAS, Developer has requested that the City and Developer enter into a non-binding term sheet which coordinates development plans and schedules for the Beach Centre Project and the City's Laskin Road Gateway Project; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a non-binding term sheet with Hi-Sea, LLC, to set forth coordination of development efforts of the Beach Centre Project and the Laskin Road Gateway Project, in accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. day of Adopted by the Council of the City of Virginia Beach, Virginia, on the _ ,2009. APPROVED AS TO CONTENT: ~n~~e~~*- f~ CA-11200 \\vbgov,comldfs l\applications\citytawprodlcycom32IWpdocsID025IPOO5\O0022915.00C 8/27/09 R-1 2 'I SUMMARY OF TERMS Non-Binding Term Sheet for Beach Centre Project CITY: City of Virginia Beach DEVELOPER: Hi-Sea, LLC PROPERTY: Northwest quadrant of the intersection of 31st Street and Pacific Avenue, Virginia Beach, Virginia EDIP: Developer to apply for $1.8 million in EDIP funds to be paid over two fiscal years and to be based on eligibility CITY'S RESPONSIBILITIES: · Improve sidewalk area from top of curb to edge of right-of-way on all four sides of Property block in accordance with City-approved streetscape development plans. · Work in good faith to complete its street and sidewalk improvements in accordance with City's master schedule for CIP 2-143 Laskin Road Gateway Project. To facilitate completion in a timely manner, City will include penalty payment language in its construction contract consistent with the City's standard contracting procedures for failure to complete on time. · Subject to agreement of private property owners, City will construct and install landscaping and other streetscape improvements on the private property contiguous to the right-of-way line on the south side of Laskin Road. · Maintain public right-of-way in accordance with City standards. · Issue RFP for leasing of 3 reserved valet parking spaces for 40 years. Valet parking spaces to be located adjacent to Property on Laskin Road and are intended to be amenity for surrounding businesses. · Profits from awarded lease to be applied toward Laskin Road Gateway Streetscape Maintenance. · Consider adopting resolution designating area in which Property is located as a revitalization area. · Consider adopting resolution creating a special service district encompassing Laskin Road Gateway area. DEVELOPER RESPONSIBILITIES: . Perform all improvements on the Property. . Responsible for all maintenance of all private improvements on the Property. IIvbgov. comldfs1 lapplicalionslcilylawprodlcycom32lWpdocslD02SIPOOSlOOO22928. DOC II &P~~'~ ~k -"J~ ~~!...-. ... \. < . ;~ ~\,,~"'-:.i"~ ~~~-~ ..._....,~~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for Constitution Drive Extended CIP 2-208 and the acquisition of temporary and permanent easements, either by agreement or condemnation MEETING DATE: September 8, 2009 . Background: The Constitution Drive Extended Project (the "Project") (CIP 2- 208) is for the widening and new construction of a four-lane highway and four-lane bridge along Constitution Drive from the intersection of Columbus Street and Constitution Drive to Bonney Road, a distance of approximately 0.5 miles. The total estimated cost is approximately $15,800,000, with the City sharing the cost of the project with a developer through a cost participation agreement. Without this project, the traffic volumes will cause more congestion due to increasing development around Town Center. This project will provide a vital link from Virginia Beach Boulevard to Bonney Road and will help alleviate traffic at the intersection of Independence Boulevard and Virginia Beach Boulevard. The purpose of the request for this condemnation ordinance is to deal with a final two properties. The first property is the Columbus Station East Condominium Association which is in a state of flux over who controls the rights to convey property. Due to the change of Board members and legal representation, the City has been unable to receive executed documents from the Board. The second property is an office building at the northem end of the project at the intersection of Constitution Drive and Columbus Street. Due to a difference of opinion over value and access to the property, we have been unable to reach a negotiated settlement. With the projected construction start of this project being the end of September, it does not allow an opportunity to finalize negotiations in a timely manner. . Considerations: The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all real property and temporary and permanent easements associated with the Project. . Public Information: Meetings with affected property owners numerous times over the past year. A formal public meeting was held on June 11, 2008, at the Sandler Center. Advertisement of public hearing for this item and advertisement of Council agenda. . Alternatives: Do not build the project. . Recommendations: Staff recommends that Council approve the ordinance as presented. . Attachments: Ordinance, Location Map Recommended Action: Approve Submitting DeparbnentlAgency: Public Works City Manager:~ IL .~~ 'I 'I 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 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR CONSTITUTION DRIVE EXTENDED (CIP 2-208) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to improve transportation within the City and for other related public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, etseq., Sections 33.1-91, etseq., and Title 25.1 of the Code of Virginia of 1950, as amended, of real property in fee simple, and temporary and permanent easements (collectively, the "Property"), as shown on the plans entitled "CONSTITUTION DRIVE CITY OF VIRGINIA BEACH CIP 2-208 FROM: 0.256 MILES SOUTH OF VIRGINIA BEACH BOULEVARD TO: INTERSECTION OF BONNEY/BENDIX ROAD," (the "Project") and more specifically described on the acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of PREPARED: 8/26/09 CA11194 R-1 \\vbgov ,comldfs 1 \applications\Citylawprod.cycom3Z1wpdocsId018\p006\00022370,doc APPROVED AS TO CONTENT C2\lJrm~ ~,~~ ~LlC WORKS/REAL ESTATE CI II , ~" t~. ~1. ~~~\ \:. -:-~C;J ~'\ .. .,.1:/ , ...~ ~ \.~-.r "" llro... CITY OF VIRGINIA BEACH AGENDA ITEM ~ Item: An Ordinance to Award a Lease of a Portion of the City Property Located at 6009 Blackwater Road (Fire Station No. 13), in the Princess Anne District, for the Purpose of Constructing, Maintaining and Operating Wireless Telecommunications Facilities Meeting Date: September 8, 2009 . Background: The City owns a 140' high communications tower at the Blackwater Fire Station (6009 Blackwater Road, Princess Anne District). The tower, which was originally built for cable television purposes, has not been used in a number of years and currently supports no equipment. While ordinarily the City would seek bids to lease the tower, New Cingular Wireless/AT&T was the only one of the area's wireless service providers that expressed an interest in the site. Accordingly, the City and AT&T (New Cingular Wireless PCS) have negotiated a proposed lease, subject to the approval of the City Council. . Considerations: The proposed lease is for a term of five years and may be extended by mutual agreement for a like period. It provides for annual rent of $14,000, with annual increases of 3%, In addition, as the Department of Communications and Information Technology plans on using the tower to support City public safety communications equipment, AT&T will perform approximately $40,000 worth of structural improvements to the tower to render it capable of supporting not only AT&T's own equipment, but the City's as well. AT&T will also pay a lump sum in the amount of $26,000 toward the cost of installing the City's public safety equipment on the tower. The material terms of the lease are summarized on the attached Summary of Material Terms. AT&T will be required to obtain a conditional use permit authorizing the communications tower, and if the use permit is denied, the lease will have no effect. . Public Information: The public hearing that is required for the granting of the lease has been advertised in accordance with applicable legal requirements . Alternatives: While the City may decline to enter into the lease, the proposed lease is in furtherance of the City's policy of making available publicly-owned property for use as communication tower sites under appropriate circumstances. . Recommendations: Adoption of ordinance. . Attachments: Ordinance Recommended Action: Adoption of Ordinance C\ Jl.d) Submitting Department/Agency: Fire Dept./ComlT ~'- City Manager:~ 'l. ~ 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 6009 BLACKWATER 3 ROAD (FIRE STATION NO. 13), IN THE PRINCESS ANNE 4 DISTRICT, FOR THE PURPOSE OF CONSTRUCTING, 5 MAINTAINING AND OPERATING WIRELESS 6 TELECOMMUNICATIONS FACILITIES 7 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 10 located at 6009 Blackwater Road (Fire Station No. 13), in the District of Princess Anne (the 11 "Property"); and 12 13 WHEREAS, the City owns a communications tower upon the Property, which 14 communications tower is currently unused; and 15 16 WHEREAS, New Cingular Wireless PCS, LLC, a Delaware limited liability company 17 ("New Cingular"), desires to lease a portion of the Property, together with easements for 18 vehicular and pedestrian access and for the installation, maintenance and replacement of 19 necessary utilities, wiring, cables and other conduits for the purpose of constructing, 20 maintaining and operating wireless telecommunications facilities, including antennas, 21 connecting cables and appurtenances on the aforesaid communications tower; and 22 23 WHEREAS, subject to the approval of the City Council, New Cingular and City staff 24 have agreed upon the terms of a proposed lease setting forth the responsibilities and 25 obligations of the parties; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Manager is hereby authorized and directed to execute, on 31 behalf ofthe City, the lease entitled "Communication Tower Lease Agreement (Blackwater 32 Tower Site), City of Virginia Beach, Lessor and NewCingularWireless PCS, LLC, Lessee 33 NF325 Blackwater / 10090307)," a summary of the material terms of which lease is hereto 34 attached and a copy of which is on file in the Office of the City Attorney; 35 36 2. That the rents received from New Cingular under the Lease shall be posted 37 as revenue to the General Fund to support ongoing Fire Department operations; and 38 39 3. That the lump-sum payment to be received from New Cingular pursuant to 40 Paragraph 23 (d) of the Lease in the amount of Twenty-Six Thousand Dollars ($26,000.00) 41 to cover costs of installing the City's equipment on the communications towers shall be 42 appropriated to Capital Improvement Project 3.142 (Communications Infrastructure 43 replacement Phase II). 44 I II Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ,2009. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: --rc~ Fire Depart t -- APPROVED AS TO LEGAL SUFFICIENCY: _ ~ aJ~lt.& · City Attorney's Office APPROVED AS TO CONTENT: h Management Services CA-11243 R-1 August 24, 2009 2 Blackwater Fire Station Communications Tower Lease Summary of Material Terms Parties: City of Virginia Beach and New Cingular Wireless, PCS, LLC Leased Area: Portion of existing communication tower and ground space at Blackwater Fire Station (6009 Blackwater Road, Princess Anne District), plus easements for access, etc. Term: Five years; both parties may agree to extend for additional five Rent: Base rent of $14,000/yr; Lessee to provide lump-sum payment of $26,000 and make structural modifications to support its equipment and that of the City. Total compensation to City over 5-year term is $148,328 Contingency: Lease is contingent on granting of a conditional use permit and other governmental approvals; Other: Conditions of conditional use permit are incorporated by reference into the lease; lessee also must comply with applicable provisions of City Zoning Ordinance, other ordinances and state or federal laws II ..~~ ,t~~~o::$.'I(i.>h rt 1" .\\) <u 5:J ,.- 'J " ~ 'l ~~p ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Island Lake, for the Constance P. Loschi Living Trust MEETING DATE: September 8, 2009 . Background: Joseph R. Loschi and Constance P. Loschi, Trustees under the Constance P. Loschi Living Trust, dated December 31, 2008, have requested permission to construct and maintain 130 linear feet of riprap, a floating pier and ramp, and mooring piles (2), upon a portion of the City's property known as Island Lake, located at the rear of 2413 Broad Bay Road, Virginia Beach, Virginia. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bay Island. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The applicants have submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Location Map and Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager~ k- ,"'C:8~ it /:~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 'I Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS ISLAND LAKE, FOR THE CONSTANCE P. LOSCHI LIVING TRUST WHEREAS, Joseph R. Loschi and Constance P. Loschi, Trustees, under the Constance P. Loschi Living Trust, dated December 31, 2008, desire to construct and maintain 130 linear feet of riprap, a floating pier and ramp, and mooring piles (2), upon a portion of the City's property known as Island Lake, located at the rear of 2413 Broad Bay Road, in the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in 99 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Joseph R. Loschi and Constance P. Loschi, Trustees, under the Constance P. Loschi Living Trust, dated December 31,2008, its heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for 130 linear feet of riprap, a floating pier and ramp, and mooring piles (2), upon the City's property as shown on the map marked Exhibit "A" and entitled: "NEW RIP RAP & DOCK IN: ISLAND LAKE AT: BAY ISLAND" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Joseph R. Loschi and Constance P. Loschi, Trustees, under the Constance P. Loschi Living Trust, dated December 31, 2008 (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Joseph R. Loschi and Constance P. Loschi, Trustees, under the Constance P. Loschi Living Trust, dated December 31, 2008, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of ,2009. CA-11185 X:IOIDIREAL ESTATEIEncroachmentslPW OrdinanceslCA11185 Losch; Ordlance.doc V '\applrca\lonslcltylawprodlcycom32IWpdocsID026IP005100016941.DOC R-1 PREPARED: 7/14/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~f.kC.~~ P L1C WORKS, REAL ESTATE ~ iJtrvJ Nell . Ford, ' Special Council for the City Attorney II CITY COUNCIL ACTION TRANSMITTAL FORM August 4, 2009 PART I (FOR APPROVAL/CONCURRENCE) 1. SubjectlTitle/Name: AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS ISLAND LAKE, FOR THE CONSTANCE P. LOSCHI LIVING TRUST 2. Scheduled Council Date: 09/08/2009 3. Submitting DepartmenVAgency: PW REAL ESTATE 4, Response Required By: o Urgent? (Explain why) (Based on Agenda Request Schedule) 5. COORDINATION/APPROVAL: Department PW Engineering, Keith Logan PW Operations Mgmt. & Hwys, Chris Hasty PU Engineering, Rebecca L. Mitchell Planning, Current, Stephen White PW Beach Mgmt., Mike Mundy PW Admin, Phillip A. Davenport PIt{J City Attorney's Office Date 06/17/09 06/17/09 06/18/09 06/18/09 06/2~/ 9 cI ~)I 0 I wnoQt4- Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with signature of approving official in this box to requesting department. This approval constitutes department/agency head approval of this issue. 6. Action Requested: (check off or fill in requested action) X Review/Approval o Ordinance/Resolution Preparation o Other (explain) 7. Agenda Issue Manager:(Name/DeptlPhone) James C. Lawson, PW Real Estate @ 385-4161 PART II (FOR TRANSMITTAL TO THE CITY MANAGER) August4,2009 To: City Manager Forwarded for approval P~.4.~~~ fP'l Jas n E. Cosby, Di ctor Department of Public wor~ Submitted By: (Department Head) PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDA TJON TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 30th day of Julv, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Joseph R. LOSCHI and Constance P. LOSCHI, TRUSTEES, under the Constance P. loschi Living Trust, dated December 31,2008, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "SITE NO. 74" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND, SECTION ONE, PRINCESS ANNE CO. VA" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2413 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain 130 linear feet of riprap, a floating pier and ramp, and mooring piles (2), collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's property known as Island Lake, the "Encroachment Area"; and GPIN: 1499-98-1831-0000 II WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "NEW RIP RAP & DOCK IN: ISLAND LAKE AT: BAY ISLAND", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expens es, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anYQne other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning 3 'I when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, 1hrough the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a pena Ity in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHERE OF, Joseph R. Loschi and Constance P. Loschi, Trustees, under the Constance P. Loschi Living Trust, dated December 31, 2008, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 'I 'I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk! Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 The Constance P. Loschi Living Trust. dated December 31 , 2008 By: By: c~cC? 4~' Constance P. Loschi, Trustee STATE OF VIRGIN.I~ CITY/COUNTY OF .1-...l~Joc\ , to-wit: The foregoing instrument was acknowledged before me this "!-Din day of ~lDAt .2009, by Joseph R. Loschi, Trustee, under the Constance P. Loschi Living Trust, dated December 31,2008. NOTARY PUBLIC REGISTRATION #I 216745 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31.2013 Notary Registration Number: ~ My Commission Expires:~.b;r 2J ) ~013 STATE OF VIRGINIA CITY/COUNTY OF l\C~ J- , to-wit: The foregoing instrument was acknowledged before me this 30 ih day of c::;:ro-(s" · 2009. by Constance P. Loschi, Trustee. under the Constance P. Loschi Living Trust, dated December 31,2008. EAL) Notary Public DOREEN HAZelBAKER HAll NOTARY PUBLIC REGISTRATION #t 216745 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31. 2013 Notary Registration Number:;)\ lo lL6 My Commission Expire~~ 3J ,901.3 7 I I APPROVED AS TO CONTENTS ~ (!. ~6"'- NATURE PLo/I?~AI 8S1o:k, DEPARTMENT I II APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~J.. Nell L:. ord, Special Counsel for the City Attorney 8 ~ATUM: MEAN LOW WA'1'E1l PURPOSE: NEW RIP RAP &: DOCK iAD.JACENT PROPERTY OWNERS: CHANNEL WIDTH IN: ISLAND LAKE -- . AT: BAY ISLAND L-lQ\J~5 CONSTANCE POZNIAK APPUCANT: C. POZNIAK i~tlW; 2413 BROAD BAY ROAD VIRGINIA BEACH, VA sm: I ~'1 DATE: J~'.// r k 1 ~ I"'f.W_W 7S' itlfO.'~1~\;"9~ N' ~~A.~. Df!> 'tw 12". rr' A\.1.e~~~ ll0> 301.'" -f 10 f.6 f.:r.~t{ . 'f" , Co ru-rvtw-i MLI# ",,If' M~""'" f A1~of B.;(.,&pe.p.9 t r\L.....~t'1...~ Ice'. J:~ l.A~ N!L.I ~. "t JD \ fWA~bJG. -:;- IZr A (JcCt' ~ 1$' ~ ",,:..... f"'VJO,u,.l6 PI ufJ '~1S'1I"'6 f'w/Yr,.J6 00<-"- "T~ ~ (l.E~I.J e'/..IS~dG p..l' l/lr~ \ OEU. tJ I"""'~ \ ~ \ \ \ fko? ~ :2. $71 Bitt elt. IS" O-..J~'" If- <;'(13 G) A.'[(J!4: ~ U)W WA'l'lUl CJ,NT'PIlOl'JJlTY o~: 1:[ ttJG" 5 2.~~tJLL8 nTOtI. !Un 1 1- 71" 1- 3 58' rLl. 3 4 6" B 1 79' A. 2 91' (Jt4.'1 RoA () I4fO' A ;) 85" A 4 rr sITE pLAN iiJBtOS"E: 'NPl1UPitAP a DoCK IN: JSLAND ~ AT: BAY ISLAJOJ ~: c pOZNJAI' COllSTANCr. 'PO~ 1413 B\lOAD BAY \loAD ~GnUA BYA~ VA. Sll'i .2 o?4 DAT1t: ~jtr/~ 1ko'llOf Nt.w F..t..'RJI.. ~ Iftt.II 8Ac:at ~c,4. IN #AvJ A4iN ...--....' \,..- ,. '\ . -" -.-- .'-"--'1. .../ on 1I.\J mG ,,-u" - -', F' f'=T f\JF~:'St""lf~t:~7'-"--.€J Trr ~ -ior b(: ~ IPRl'J f ff<l0 fLi t$E(''f,orJ ,+- /It -to"f;AtK F'UJ~:!NI, ~ J P:.:2 I ~,mJC ~\)S I ON ~ ~NC.~ f ! I+ 6.0 .."\ \AJO\t.~ ~,t:W, ----~/. , -~.,--~~--" ~ 7.'4.." t. \If f).1"1~ rIMa.... au~.-o 70 R.~,....l ~ c=:> O. o OD o C::::::>O C;>'Ob o e::> 00 0 0- 0 ~ <:;:.. c:::> c:::::> C 0 <<0 . o C- .00 <:::>a 0 00 <::::><=> o ,.-+~~ CLAS>F 1- 01"- A-:I- (l.IP ~AP 0...1 Fl(_ T€.t.. CL01)t ,......., 0., €''1\~'1'''' ~VM~~ tJVIL'1 7()( I. -J,o flus . ~ ".- PIA ~ Ottl t/b..; ~. "'" 7USi11f ,.. "f..:;'To.J LG4iI 4 5.0' ) ~~ ~~ ))ATlIM: MUN LOW WATER PIIRPOSE: NEW ll1P RAP & DOCK [AD.TACENT PROPERTY OWNERS: CROSS-SECTION A-A IN: ISLAND LAKE LJOtJ~ AT: BAY ISLAND APPUCANT: C. POZNIAK 2.{!,laf-i LeG CONSTANCE POZNIAK 2413 BROAD BAY ROAD SlIT '~ uPL/- DATE: lW/iJ'j' VIRGINIA BEACH, VA DA'fUl\l: MEAN LOW VI ATER ADJACE~T PROPERTY oWNERS: SITE PHOTOS - 1.d()\Jes 2. C!-.nt1~ CO~STANCE pozNIAK 2413 BROAD BAY ROAD VlB-G1J"UA BEACll. V A pURVOSE: ~EW}UP RAP & DOCK IN: ISLAND LAKE AT: BAY ISLAND APPLICANT: C. POzNIAK S1l1 L\6-FLt DATE: 12/1'5'IC"'6 II ~~~)~ ;;Yf~' _~,~, !Sl . 7\~ ~,\- . :;~ (';.\~fJ L:,. #'..,.~ t......~."....~.,,~;.; --.....~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise to Allow Guided Horse Riding Tours on the Beach MEETING DATE: September 8,2009 . Background: On February 28, 2006, City Council approved a pilot program to allow the Convention and Visitors Bureau ("CVB") to evaluate horseback riding on the beach during non-summer months, namely from November 1 to April 15 ("Original Pilot Program"). Pursuant to Council's authorization in February 2006, the City entered into a franchise agreement on December 18, 2006 for guided horse riding tours on the beach in the Resort Area ("Agreement") with Old Virginia Carriage Co., LLC ("OVCC"). The term of the Agreement was from December 15, 2006 through April 15, 2007. The Agreement provided that the franchise could be renewed by mutual agreement of the parties (the City and OVCC) for up to four (4) additional terms, not to extend beyond April 15, 2011. On October 26,2007, the parties renewed the original Agreement for guided horse riding tours on the beach in the Resort Area for the period of November 1, 2007 through April 15, 2008 ("First Renewal Agreement"). On June 10,2008, City Council approved an ordinance to amend the Virginia Beach City Code pertaining to riding horses on the beach. That City Code section allows horseback riding in the Resort Area, but only if such activity is explicitly authorized by a special events permit or by a franchise awarded by City Council. The code section also had provided that such authorized riding only could occur between November 1 and April 15, but the June 10,2008 amendment deleted that date restriction. Concurrent with the amendment on June 10, 2008, Council approved a new pilot program to allow horse riding on the beach during months outside of the November 1 to April 15 timeframe ("Current Pilot Program"). Pursuant to Council's authorization in June 2008, the parties entered into two agreements on September 16, 2008 for the Current Pilot Program. First, the parties renewed the original Agreement for guided horse riding tours on the beach in the Resort Area ("Second Renewal Agreement"). The term of the Second Renewal Agreement was from April 16, 2008 through April 15, 2009, but horse riding was only permitted on the beach during the non-summer months, namely from November 1, 2008 through April 15, 2009. The second September 16,2008 agreement was an amended franchise agreement ("Amended Agreement"). The Amended Agreement authorized OVCC to offer horse riding on the beach for the term of September 2, 2008 through November 1, 2008. The Second Renewal Agreement expired on April 15, 2009. At that time, CVB requested more time to test the Current Pilot Program, and sought to extend the Second Renewal Agreement from April 15, 2009 through May 25, 2009. On March 24, 2009, Council approved an ordinance to extend the pilot program from April 15, 2009 through May 25, 2009. A condition of Council's March 24, 2009 extension of the pilot program was that the City would issue an Invitation to Bid ("ITB") prior to recommending a new horse riding franchise. · Considerations: Based upon past experience, the Strategic Growth Area Office determined that it would be beneficial to continue offering guided horse tours at the oceanfront. On August 4, 2009, the City issued an ITB seeking bids for a franchise agreement for guided horse tours at the oceanfront. The only bidder was Virginia Beach Horses ("VBH"), a sole proprietorship. VBH is operated by Barry Foster, who was a partner with OVCC, the company that previously offered guided horse tours on the beach. The initial term of the proposed franchise is from September 8, 2009 through June 9,2010. The franchise may be renewed for up to four one-year renewals, upon the mutual consent of the City and VBH. The initial franchise fee is one thousand dollars ($1000). After the initial contract term, the City reserves the right to negotiate the franchise fee for any extensions based on VBH's profit and loss statement for the previous year. . Public Information: Information will be provided through the normal agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting Department: Strategic Growth Area/Resort Management Office ~ F City Manager: ~ k- , ~~ I I II 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 GUIDED HORSE RIDING TOURS ON THE BEACH 3 4 WHEREAS, City Council previously granted franchises for two pilot programs for 5 guided horse riding tours on the beach in the Resort Area; 6 7 WHEREAS, the Strategic Growth Area Office determined that it would be 8 beneficial to the City to continue to offer guided horse tours at the oceanfront, and to 9 that end, the City issued an Invitation to Bid on August 4, 2009; 10 11 WHEREAS, the only bidder was Virginia Beach Horses ("VBH"), a sole 12 proprietorship; 13 14 WHEREAS, VBH is operated by Barry Foster, who was a partner with the 15 company that previously offered guided horse tours on the beach; and 16 17 WHEREAS, the Strategic Growth Area Office recommends that VBH be granted 18 a franchise agreement for the term of September 8, 2009 through June 9, 2010, with up 19 to four one-year renewals upon mutual consent of the City and VBH. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby grants a franchise agreement to Virginia Beach 25 Horses for the period of September 8, 2009 through June 9, 2010, with the possibility of 26 up to four one-year renewals, subject to the terms and conditions of franchise 27 agreements and all applicable ordinances, resolutions, and regulations to allow guided 28 horse riding tours on the beach in the Resort Area, and authorizes the City Manager or 29 his designee to execute a franchise agreement with Virginia Beach Horses for said 30 purpose. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY ~~ Strategic Growth Area Office ;?~~ City Attorney's 0 Ice CA11277 R-3 August 31, 2009 I I II r ""- ,(~),. f{~)' {"'I.*,.rJ'~ ~# CITY OF VIRGINIA BEACH AGENDA ITEM "'" ~ ITEM: An Ordinance to Appropriate Funds to the FY 2009-10 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: September 8, 2009 . Background: The Department of Housing and Neighborhood Preservation operates the Housing Choice Voucher program (formerly known as Section 8), which assists approximately 2,000 households with rental costs. In August, the Department was notified that the City is eligible to receive additional funds that will assist up to 35 homeless veterans with housing subsidies as part of a program that also provides support services to veterans through the Veteran's Administration (VA). This program is known as the HUD-Veterans Affairs Supportive Housing initiative. . Considerations: Program participants will be referred to the City's program from the VA Medical Center in Hampton. The Department will administer the housing assistance through the existing voucher program. Although the actual grant amount is $270,541 for 16 months of assistance, the amount reflected in this ordinance represents the expected funding from U.S. Department of Housing and Urban Development to the City for the current fiscal year. It is further expected that the City will continue to receive funding beyond the 16 month period. . Public Information: Public information will be coordinated through the normal Council agenda process. . Recommendation: Approval of the attached ordinance. . Attachments: Ordinance Recommended Action: Approval A ,IJ / /1 , Submitting Department: Depart ! i using and Neighborhood Preservation City Manager~~.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2009-10 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $152,179 is hereby appropriated, with federal revenues increased accordingly, from the U.S. Department of Housing and Urban Development to the FY 2009-10 Operating Budget of the Department of Housing and Neighborhood Preservation to provide housing subsidies for veterans. 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: jJwi ~ r~~ 1"1. t t Management Services V~.- --- City A orney's Office CA11274 R-2 August 25,2009 I I II .{~~,,~~~..y,~k Ill"- -,. ~ (0, . \...... : .; . .-- .",) '~~, j{I:'; ~~4. ..~ ";:~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Kempsville Rescue Squad Incorporated for the Purchase of a Replacement Vehicle MEETING DATE: September 8, 2009 . Background: The Kempsville Rescue Squad Inc., known to the citizens as the Kempsville Volunteer Rescue Squad, requests a no-interest loan from the City for an ambulance that will replace their heavy squad truck (Squad 9) due to an increase of EMS call volume and ambulance staffing. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the Volunteer Rescue Squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $100,000, without consideration of the medical equipment, supplies or personnel. . Considerations: The attached letter from the Kempsville Volunteer Rescue Squad has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $61,000 payable in five equal annual payments of $12,200 each. The first payment would commence October 2010. The Kempsville Volunteer Rescue Squad has been awarded a State Rescue Squad Assistance Fund grant of $56,877 to fund a portion of the estimated $130,000 cost of the replacement ambulance and they will be utilizing approximately $12,000 of their fund drive monies to balance the remainder of cost. . Public Information: Information will be disseminated through the regular Council agenda notification process. . Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. . Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from Kempsville Volunteer Rescue Squad Requesting a No Interest Loan Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical services(jg/ City Manager:~k.. ~ I I II 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO KEMPSVILLE RESCUE 3 SQUAD INCORPORATED FOR THE PURCHASE OF A 4 REPLACEMENT VEHICLE 5 WHEREAS, Kempsville Rescue Squad Inc. has been awarded a Rescue Squad 6 Assistance Fund grant of $56,877 from the Virginia Department of Health Office of 7 Emergency Medical Services for the purchase of a replacement vehicle with an 8 estimated cost of $130,000; and 9 10 WHEREAS, Kempsville Rescue Squad Inc. will utilize approximately $12,000 of 11 fund drive funding for the remaining cost. 12 13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That $61,000 is hereby appropriated from the fund balance of the General 17 Fund for an interest-free loan to Kempsville Rescue Squad Inc. for the purchase of a 18 replacement vehicle, contingent upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by Kempsville Rescue Squad Inc. over five (5) 21 years, pursuant to the terms of the attached promissory note. 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 of the members of City Council. Approved as to Content: Jj~~ Q, ~ Management Services Approved as to Legal Sufficiency: '1;:J,1 /~--- City A orney's Office CA 11271 R-2 August 21, 2009 P.O. Box 62345 KEMPSVILLE VOLUNTEER RESCUE SQUAD. INC. VIRGINIA BEACH, VIRGINIA 23462 July 31, 2009 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan from the City of Virginia Beach. The loan will be used for the purchase ofa fifth (additional) ambulance for our squad. Currently, we have four ambulances but our call volume of approximately 8500 calls per year really justifies the additional unit. As you know, we maintain ambulances at Station 9 and 19 and it is quite common that both stations are manned. Between required maintenance and unscheduled breakdown we find it increasingly difficult to maintain operational readiness with just four units. Our squad intends to decommission Squad 9 when the fifth ambulance is put in service, and hope that this will minimize impact on your budget and ease concern over the additional unit. We feel the fifth ambulance will be far more beneficial to both our squad and the city than Squad 9 which is rarely manned and whose mission has largely been replaced by the Fire Department Squads. We are currently seeking bids for the new ambulance, and hope to have the new unit in service by the end of this year or very early next year. We req~est a loan for Sixty..()ne Thousand dollars, which we would like to repay in five annual installments. The requested amount is based on the following: Estimated price of new ambulance Equipment & supplies for new unit Total cost State RSAF Grant Squad contribution to down payment, equipment & supplies Balance $120,000.00 Approximately $10,000.00 $130,000.00 $56,877.00 $12,000.00 Approximately $61,123.00 On July 1,2009 we were awarded a State RSAF Grant of$56,877.00 to apply to the purchase of the additional ambulance. Currently, Kempsville Volunteer Rescue Squad has two loans with the city: · Loan # I has an annual payment oUI 0,260.00 due February 1 st. The last payment will be in February 2010. · Loan # 2 has an annual payment ofS I 5,400.00 due June 1st each year through 2013 with 4 payments remaining. If you need any further information please let me know. Thank you for your consideration of our request. Sincerely, //~ ~d ~Brewer, Vlce-Presl ent Phone 435-0407 AUG - 3 2009 I I II PROMISSORY NOTE $61.000 Virginia Beach, Virginia September 8. 2009 FOR V ALUE RECEIVED, KEMPSVILLE RESCUE SQUAD INC., d/b/a Kempsville Volunteer Rescue Squad ("Marker"), promises to pay, without offset, to the order of the CITY OF VIRGINIA BEACH, ("Noteholder") at Municipal Center, Virginia Beach, V A, or such other place as Noteholder may designate in writing, the principal sum of SIXTY ONE THOUSAND DOLLARS ($61,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before October 1, 2010 - $12,200 On or before October 1, 2011 - $12,200 On or before October 1, 2012 - $12,200 On or before October 1,2013 - $12,200 On or before October 1,2014 - $12,200 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD, INC. (SEAL) By: Name Title Agreement Between the City of Virginia Beach and the Kempsville Rescue Squad Incorporated THIS AGREEMENT is made and entered into this day of , 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the KEMPSVILLE RESCUE SQUAD INCORPORATED, d/b/a Kempsville Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia SS 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of 1 I I II Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEF AUL T AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE RESCUE SQUAD, INC By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 I I II k:@. ~lA. .~~. ....~ ("['" - -. \~ (!; ~ \" ~:> ~ !.; ,-;.\-- 11~ ,,',~..__~,{I ';":~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the Department of Public Libraries from Smart Beginnings South Hampton Roads and from the Friends of the Virginia Beach Public Library MEETING DATE: September 8,2009 . Background: Smart Beginnings South Hampton Roads (SBSHS), in partnership with The Norfolk Foundation and the Batten Educational Achievement Fund of The Norfolk Foundation, will invest a total of $2.5 million over five years in matching Early Learning Challenge grants to the five communities of South Hampton Roads for implementation of their collaborative action plans. Virginia Beach Public Library/Ready to Learn responded to the SBSHR Request for Proposals for the first year of the Early Learning Challenge Grant outlining three focus areas for a total grant award of $180,000: 1. Support for early care and education providers through sharing best practices and business plans to improve the quality of care provided to children; 2. Involve pre-kindergarten children with the Virginia Preschool Initiative to smooth the transition from preschool to kindergarten in the City's Public Schools; and 3. Research early care and education concerns for teenage moms and their babies. The City of Virginia Beach was awarded a grant in the amount of $122,700 for the first and third projects shown above. A revised proposal for the second project will be submitted within the required deadline in hopes of obtaining an additional $57,300 award. . Considerations: Provided the City receives the grant for all five years, the required local match is $500,000. A portion of the match will be in the form of in-kind contributions in the first two years of the grant. The Friends of the Virginia Beach Public Library has agreed to fund a portion of the match in the first two years of the grant ($5,000 each year). In years three through five, the Operating Budget of Ready to Learn may be used. If needed, the Department of Public Libraries is prepared to reallocate resources within its operating budget to meet the matching requirements of the grant. . Public Information: Public information will be handled through the normal Council agenda process. The Grant Agreement sets forth additional public announcements and media communications requirements which will be utilized. . Recommendations: It is recommended that the grant of $122,700 from SBSHR and $5,000 from the Friends of the Virginia Beach Public Library be accepted and appropriated for the first phase of this program. . Attachments: Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: Virginia Beach Department of Public Libraries 3D~ City Manager:~ ~ ~tr1-1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO THE DEPARTMENT OF PUBLIC LIBRARIES FROM 3 SMART BEGINNINGS SOUTH HAMPTON ROADS AND 4 FROM THE FRIENDS OF THE VIRGINIA BEACH PUBLIC 5 LIBRARY 6 7 WHEREAS, the Virginia Beach Public Library has made application to Smart 8 Beginnings South Hampton Roads for a five-year grant in the amount of $500,000 to 9 support early childhood education; and 10 11 WHEREAS, the Virginia Beach Public Library has been awarded $122,700 for 12 the initial phase of the Early Learning Challenge Grant; and 13 14 WHEREAS, the Friends of the Virginia Beach Public Library have granted the 15 City $5,000 for the cash portion of the local match for this grant. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA THAT: 19 20 1. $122,700 is hereby accepted from Smart Beginnings South Hampton Roads 21 through the Early Learning Challenge Grant and appropriated, with estimated revenues 22 increased accordingly, to the FY 2009-10 Operating Budget of the Department of 23 Public Libraries to support early childhood education; and 24 25 2. $5,000 is hereby accepted from the Friends of the Virginia Beach Public 26 Library and appropriated, with estimated revenues increased accordingly, to the FY 27 2009-10 Operating Budget of the Department of Public Libraries for the local match of 28 the Early Learning Challenge 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~g~Si~0~ ~D!~~ City Att r ey's Office CA11273 R-2 August 25, 2009 I I II , .}~...~.. '~.~'#...'~&.. ~:r:);} \~~!t ~~ CITY OF VIRGINIA BEACH AGENDA ITEM """ \.. ~ ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department for the Enforcement of Seat Belt Laws MEETING DATE: September 8, 2009 . Background: Since the 1990s, the Virginia Department of Motor Vehicles has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The grant for seat belt enforcement will be active from October 1, 2009, through September 30, 2010. The Police Department will use the funding for overtime needed for enhanced enforcement of seat belt laws. This grant will also allow the purchase of speed detection devices, tint meters and funding for three traffic officers to attend an annual conference on transportation safety. . Considerations: The grant provides $83,240 of DMV funding and requires a $16,090 match, which will be funded through the Police Department's overtime budget. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: It is recommended that City Council accept and appropriate the grant award of $83,240 and approve the transfer for the required match. . Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department @ City Manager~~ l.~fl'L 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR THE 3 ENFORCEMENT OF SEAT BELT LAWS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $83,240 is hereby accepted from the Virginia Department of Motor Vehicles 9 and appropriated, with estimated state revenues increased accordingly, to the FY 2009-10 10 Operating Budget of the Police Department for enhanced enforcement of seat belt laws; 11 and 12 13 2. $16,090 is hereby transferred within the FY2009-10 Operating Budget of the 14 Police Department for the required match. 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 of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: 5JQ~Q,~ Management Services ~D (2 ~~~~ City Attorney's Office CA11275 R-2 August 25, 2009 I I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department for DUI Enforcement MEETING DATE: September 8, 2009 . Background: Since the 1990s, the Virginia Department of Motor Vehicles ("DMV") has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The grant for DUI enforcement will be active from October 1, 2009, through September 30, 2010. The Police Department will use the funding for overtime needed for enhanced DUI enforcement. The grant will also fund the purchase of breath test devices, equipment rental for the DUI Conference, and training. . Considerations: The grant provides $80,596 of DMV funding and requires a $16,016 match, which will be funded through the Police Department's overtime budget. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: It is recommended that City Council accept and appropriate the grant award of $80,596 and approve the transfer for the required match. . Attachments: Ordinance Recommended Action: Approval @) Submitting Department/Agency: Police Department City Manager~k. ~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE POLICE DEPARTMENT FOR DUI 3 ENFORCEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $80,596 is hereby accepted from the Virginia Department of Motor 9 Vehicles and appropriated, with estimated state revenues increased accordingly, to the 10 FY 2009-10 Operating Budget of the Police Department for enhanced enforcement of 11 DUllaws; and 12 13 2. $16,016 is hereby transferred within the FY 2009-10 Operating Budget of 14 the Police Department for the required match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: 1)~JQ B~ Management Services /~ I / ,~-- CItY A ney's Office --- CA11276 R-2 August 25, 2009 I I II L. PLANNING 1. Variance to S4.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for MICHAEL K. ETHERIDGE, SR. re two parcels West of North Lynnhaven Road and Congress Street - L YNNHA VEN DISTRICT RECOMMENDATION APPROV AL 2. Application ofRA VE SOCCER COMPLEX, Modification of Condition No.2 (approved on March 23, 2004), to allow adult games and ADD a new condition re an indoor soccer facility at 2949 Shipps Corner Road - BEACH DISTRICT RECOMMENDATION APPROV AL 3. Application of CRICKET COMMUNICATIONS, INC. for Modification of Conditions Nos. 2 and 3, (approved on November 22,2005 and May 26,2009) for a communications tower at 1000 North Great Neck Road - L YNNHA VEN DISTRICT. RECOMMENDATION APPROV AL 4. Application of USA NATIONAL KARATE DO FEDERATION OF VA., INC. for a Conditional Use Permit re an indoor commercial recreation facility (martial arts school) at 600 North Witchduck Road, Suite 103 - BA YSIDE DISTRICT RECOMMENDATION APPROV AL 5. Application of THE REBKEE COMPANY for a Change of Zoning District Classification from 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District re office and retail development at 2236 and 2240 General Booth Boulevard - PRINCESS ANNE DISTRICT RECOMMENDATION APPROV AL 6. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District Classification from R-5D Residential District to Conditional B-1 Business District re office development at 1945 Centerville Turnpike - (Deferred on April 28, 2009) - CENTERVILLE DISTRICT STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROV AL 7. Application of CITY OF VIRGINIA BEACH for an Ordinance to ESTABLISH the City's zoning ordinance regulations re Wind Energy Systems (Deferred on August 11, 2009). RECOMMENDATION APPROV AL NOTIC! OF PUBLIC HEARING Virginia Beach CI~ Council will O1Mt In the Chamber at CIt. Hall. Municipal Center. 2401 Courthou.. Drive. TuMdtl)' September 8.2009. at 6:00 p.m. The folklWlnlapplloatJone will be heerd: C ENrERVILLE DISlRICT Seven Cltle. Electrk:. Inc. Application: Chanl!e at Zmlne. DIstrict Claseiflcation frcm R-5D Rellldentlal to Conditional B-1 Bu~ln.te at 1945 CentelVlH. Turnpike. Comp-ehenelw Plan: Primary R..ldentlal Ar.... F\upo.. of rezcnlnt; ContraGtore crffIce. AICUZ 1& Leee then 65. (Deferred on Apll/ 28, 2COQ) Crry OF VIRGINIA BUCH Ordinance to eBtabllah CI~ Zoning Ordinance r"!gulatlon pertaining 10 ~nd .nero ~ysteoma. InclLdIng deflnltlona, t1WIk:atIon raquiramenea. IoCilltlonal and .:rUler nequlremente and zooIng distrlct. "".re pennltted. (Deferred on Augua 11. 2OCQ) L YNNHAVEN DISTRICT Michael K. Etherldc-. Sr. ."ppllcatlon: SubdM'ilon Variance for ~ pareel. located at Congr.&88 Stre<< end N. Lynnheven Rd. (GPINs 1487886852; 1487886897) Cricket Communications. Inc. AppllcstJon: Modlflcallon. Conditions (p-eoAoualy approved on May 26. 2009 ar.,.J Nowmb.. 22. 2005) lit 1000 North areat Neck Roec:l, PRINCESS ANNE DISTRICT The Rebkee Company Application: Charu!e of Zonlnll!: DI.utct Claulllcatlon from 0-1 Ofllce and R~O Re.ldentlal tCl Condltlalal B-2 Ccmmunlty Bualnesa at 2236 and 224CJ G."eral Booth Boulevard. ComlRh.nelw Plan. Prim.., Resl dentlel Aree. Purpose. off\o:e and retail dewlopment. BAYSIDE DISTRIC1' USA National I<era1ledo Federation of VA.. Inc. / DRBX2<<X> N. W1tchduck. LLC Applcatlon: Conditional Use Permit fa an Indoor commeorolal recreation (aclll\, (mllrtlal arts school) at 600 N. Wlt.::hduck Road. Suite 103. BUCH DISmlCT Rave SOC1ler Compek Appllcstlon: Modlfirmlan of Conditions (approved by CI~ Councll on March 24. 20Q4) at 2949 Shipps Comer Road. .~UZ Ie Greater tNn 75,.14PZ 1 and 2. (D&ferred on November 12, 2008) A1llrrtsrested cltlmne are Invited to attend. Ruth Ho<tge.s Fraser. MMC City Clerk Copl... at the propoMd ordinance.. rJ3Sl>lutJ.:.ns and amendments are on tll. and may b. examined In thE- Dt9partment of Planning or online at http://_,~tav.c.:.m/p1 For infomlatJon .,a11385-4621. If ~u are physically dlNblcld or vllllally Impelrtd and nlMd assistance lit this me.etJr(. plees8 call the erry CLERK'S OFRCE at 3854303. Beaef)n August 23" 30. 200Q 20492394 MICHAEL ETHERIDGE ... () R-l0 R- Sf) Subdivision Van:mce Relevant Information: · Lynnhaven District · The applicant desires to create legally recorded lots from two lots that were created by deed after the adoption of the Princess Anne County Subdivision Ordinance. · Since the lots were created by deed after the adoption of the ordinance, the lots are illegal, which renders them unbuildable until the lots are recorded in accordance with the current Subdivision Ordinance. · To record the lots, however, a Subdivision Variance is necessary, as the lots have no frontage on a public street (Congress Street is a private street). Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda I I II &r;~~"~~~ f!J 1i '\\'\ (': - l.~' ~".-- P.> ~.~E'> 'ft.... '#'J ..... "o~~ "'.0.1'_04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL K. ETHERIDGE, SR., Subdivision Variance, two parcels located on the northwest side of Congress Street approximately 300 feet west of N. Lynnhaven Rd. L YNNHA VEN DISTRICT MEETING DATE: September 8, 2009 . Background: The Princess Anne County Subdivision Ordinance was adopted September 28, 1953. The applicant owns two lots that were created after September 28, 1953. One lot consists of 9,371 square feet of area and the other lot consists of 9,830 square feet of area; neither lot fronts on a public street, as Congress Street is private. As a result, both lots have zero feet of lot width. The Zoning Ordinance requires 75 feet of lot width. A Subdivision Variance is necessary since the lots cannot meet the current regulations. All lots must have direct access to a public street. The lots should have been reviewed and recorded under the provisions of the Subdivision Ordinance; however, they were created by deed instead. Thus, the existing lots are not considered legally recorded. . Considerations: It is the intent of the applicant to legally establish the lots referenced above. No modifications are proposed to the lot configuration. The applicant's purpose in legalizing these lots is to have one single-family dwelling on each of the proposed lots. The applicant proposes building a one and one-half story traditional-style house on the parcel that is currently vacant, with the possibility of adding a second floor with dormers to the house in the future. The applicant has indicated that no additional variances will be requested. The density and dimensions of the proposed lots are consistent with the adjacent residential community along Alberthas Drive (also a private street) and the lots on Congress Street. Other lots on Congress Street have a similar width of approximately 50 feet, as opposed to the 75 feet required for lots fronting a public street in the R-7.5 Residential District. MICHAEL K. ETHERIDGE Page 2 of 2 The applicant was encouraged to contact other property owners on Congress Street and obtain their consent to dedicate land for a public street. The applicant has been unable to obtain consent of all property owners to allow such a dedication. The applicant, therefore, is pursuing this variance, as many other property owners were granted similar variances along Alberthas Drive (located just north of Congress Street). Staff finds that there is evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The problem involved is not of so general or recurring in nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The problem is the result of past actions, of which the applicant had no control. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council with the following conditions: 1. The property shall be configured substantially as shown on the plat entitled, "Subdivision Variance Exhibit of Congress Street Properties for Michael Etheridge & Wardell Grimstead", by Kellam Gerwitz and dated May 27,2009. Said plat has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The fac;ade of any future single-family dwellings constructed on the lots shall substantially adhere to the submitted building elevations. Said building elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. Congress Street shall be noted as a private street on the subdivision plat. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgercy: Planning Department City Manage~ lL. 03/1O'i I I II 5 August 12, 2009 Public Hearing APPLICANT I PROPERTY OWNER: MICHAEL K. ETHERIDGE ST AFF PLANNER: Leslie Bonilla REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance that requires all newly created lots have direct access to a public street. ADDRESS I DESCRIPTION: Two parcels located on the northwest side of Congress Street approximately 300 feet southwest of North Lynnhaven Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14878868520000 LYNN HAVEN 9,371 square feet Less than 65 dB DNL 14878868970000 LYNNHAVEN 9,830 SQuare feet Less than 65 dB DNL ] SUMMARY OF REQUEST The subject parcels were created by deed. The lots were created by the grandfather of the current owner. One of the Parcels (GPIN: 1487-88-6897-0000) was created by deed and recorded on November 23, 1954 (Deed Book 380, Page 336) and has an existing house on it. The parcel to the west of this was a remainder parcel of the November 23, 1954 subdivision and is first identified by deed on May 21, 1963. The Princess Anne County Subdivision Ordinance was adopted September 28, 1953. Since the lots were created after September 28, 1953, they should have been reviewed and recorded under the provisions of the Subdivision Ordinance; however, they were created by deed instead. Thus, the lots are not considered legally recorded. A Subdivision Variance is necessary since the lots cannot meet the current Subdivision Regulations. All lots must have direct access to a public street. Congress Street is a private street, and thus, these two lots have no lot frontage. Existing Lot: The existing lot 1487-88-6852 has 9,371 square feet of area and a lot width of zero feet. The site currently is vacant. MICHAEL K. ETHERIDGE Agenda Item 5 Page 1 The existing lot 1487-88-6897 has 9,830 square feet of area and a lot width of zero feet. A single-family house is currently located on the southeastern portion of the lot. Proposed lots: It is the intent of the applicant to legally establish the lots referenced above. No modifications are proposed to the lot configuration. The applicant's purpose in legalizing these lots is to develop one single-family dwelling on each of the proposed lots. The applicant proposes building a one and one-half story traditional-style house with the possibility of adding a second floor with dormers, The applicant has indicated that no additional variances will be requested. lttm1 Reauired GelN GelN 1487 -88-6852 1487 -88-6897 Lot Width in feet 75 0* 0* Lot Area in square feet 7,500 9,371 9,830 *Variance required LAND USE AND ZONING INFORMATION EXISTING lAND USE: Single-family dwelling and vacant land, SURROUNDING lAND USE AND ZONING: North: South: East: West: · Single-family dwellings / R-7.5 Residential District . Single-family dwellings / R-7.5 Residential District . Single-family dwellings / R-7.5 Residential District . Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): North Lynnhaven Road in the vicinity of this site is a two-lane collector shown on the Master Transportation Plan Map as an undivided roadway with a bikeway in a 70-foot wide right-of-way. There are no roadway CIP projects in the vicinity of this project. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume N. Lynnhaven 4,250 ADT 1 9,000 ADT I (Level of Existing Land Use' - 29 Road Service "D") ADT Proposed Land Use 3 - 29 T Average Dally Tnps 2 as defined by three (3) residential lots 3 as defined by three (3) residential lots MICHAEL K. ETHERIDGE Agenda Item 5 Page 2 I I II WATER: GPIN 1487-88-6897 has an existing water service that may be used or upgraded to accommodate the proposed development. Proposed development for GPIN 1487-88-6852 must connect to City water. There is an 8-inch City water line in a 10-foot utility easement in the private Congress Street. SEWER: GPIN 1487-88-6897 is already connected to City sanitary sewer. Proposed development for GPIN 1487-88-6852 must connect to City sanitary sewer. Pump Station #244, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #244 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer main in a 10-foot utility easement tin the private Congress Street. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. 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: The request for a variance to Section 4.4(d) of the Subdivision Regulations is acceptable. Staff recommends approval. Evaluation: The two subject lots were created by deed after the adoption of the Princess Anne County Subdivision Ordinance, which renders them unbuildable until the lots are recorded in accordance with the current Subdivision Ordinance, To record the lots, however, a Subdivision Variance is necessary, as the lots have no frontage on a public street. The density and dimensions of the proposed lots are consistent with the adjacent residential community along Alberthas Drive (also a private street) and the lots on Congress Street. Other lots on Congress Street have a similar width of approximately 50 feet, as opposed to the 75 feet required for lots fronting a public street in the R-7.5 Residential District. MICHAEL K. ETHERIDGE Agenda Item 5 Page 3 The applicant has been encouraged to contact other property owners on Congress Street and obtain their consent to dedicate land for a public street. The applicant has been unable to obtain consent of all property owners to allow such a dedication. The applicant, therefore, is pursuing this variance, as many other property owners were granted similar variances along Alberthas Drive (located just north of Congress Street). Staffs evaluation of this request reveals that the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The problem involved is not of so general or recurring in nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The problem is the result of past actions, of which the applicant had no control. Staff, therefore, recommends approval of the request with the conditions listed below, CONDITIONS 1. The property shall be configured substantially as shown on the plat entitled, "Subdivision Variance Exhibit of Congress Street Properties for Michael Etheridge & Wardell Grimstead", by Kellam Gerwitz and dated May 27, 2009. Said plat has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2, The fa~ade of any future single-family dwellings constructed on the lots shall substantially adhere to the submitted building elevations. Said building elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3, Congress Street shall be noted as a private street on the subdivision plat. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this 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. MICHAEL K. ETHERIDGE Agenda Item 5 Page 4 AERlAlOF SlTE lOCAT\ON M\CHAEl K. ETHER\DGE Agenda item 5 Page 5 (H 'd 'r~l 'S'W) (M/~ H1.QIM "tJt/A 'Fi .Oir) OVO~ N3AVHNNAl 'N --I \ ~\ aIr-- ~I~ \'w1X) ..,.. \\ ~j::1X) z....,ro <( \rL ::il~ ~\ ::J '0 <~ -..... w "'.-.. \ ~ g- \ \-~-<O \J..l o-::::-Ql \ V) ..1l>0> -\ _ -:"? u- . ~~ _ c-o.....,. \ '" \.1. ii E. "IX) ~ '- N \ - ~........'4l<:;o;lXl \ ~~:::;;ffi~ t~) ",7.~&....~ z.....;..c:.8Nr'., \ "'- ~ ...~~ \ z. ::; <'<o:ilX) L\l ..::e _ ~ ...... 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'00 C t:. ..r, 'en :r: u 1:. ...- 'A <<I tiZ ~,.., zt>-a ~ ~ ;~i ~ - ..... ~ ...1~l>... ,~ llittJ.. ,.;: mU\'li\ 0;:0..- ~:;; ~ - ..... ~ \~ ~ \ ~" ~e~~ z ~- $. \!i ~ .t ~ B .( I.l ,....~ Ul " \ :t..i ,.: -\5 ~ 1-5 <~ " => % \ \ & '5'" ~ 'j') \l'I '" t. .,.'J> :i. \ii~ ,.. .-nll'i -.; z~ ~. 3'1 ..... z.. ~ ~a: ~\'s'Cc; - >-~ :. .......~ ;;- '8' tt\ _::Ii ::.e:- "" - \ \.~) \ j \ \ -\ D - '\ t: ~l\i ~ ~ 0," 4. ;;?- ~%~ ~' % ;;~.~. ,..) 'j ~ ;:0 t.U. ,~~ ~ .-;'\ -; '!> '1/):; ~J ~(\I PROPOSED SUSD\'JISION M\Cr\AEL K. E1r\ER\DGE. Agenda \tem 5 page 6 II 'r:.~"~~.,~~~:~~. " :::'.1:~.~~~.i:. ~'~':f'~':";",;..7'~. ,~~. PROPOSED BUILDING STYLE MICHAEL K. ETHERIDGE Agenda Item 5 Page 7 1)14 0 R-l0 slIbdivision Variance # DATE DESCRIPTION ACTION 1 9-12-00 Subdivision Variance Granted 2 5-23-00 Subdivision Variance Granted 3 8-26-97 Subdivision Variance Granted 4 6-25-91 Subdivision Variance Granted 5 10-24-95 Subdivision Variance Granted 6 4-27-93 Subdivision Variance Granted ZONING HISTORY MICHAEL K. ETHERIDGE Agenda Item 5 Page 8 I, 1 11 II 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" necessary) NA . : 2 List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) Nit ~ 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 applrcant 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 Irst if necessary) Nil a."vAS- 1:.. erNE" J/Z./ ot;/F 5 J2. . - . 2. List all businesses that have a parent-subsidiari or affiliated business entit/ relationship with the applicant: (Attach list if necessary) #4 ~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.J:L No A If yes, what IS the name of the official or employee and the nature of their interest? SubdiVISion Vanance Appl!Catl''Jrl Page 9 of 10 ReVised 3..11 :08 II z o I I ~ U I I ....:I ~ ea ~ u ;;>: z o I I ~ E ~ ~ p ~ DISCLOSURE STATEMENT MICHAEL K. ETHERIDGE Agenda Item 5 Page 9 z o t . ~ U I . t-:t ~ ea ~' u ;;> z o t . ~ EE Q c:Q P ~ II DISCLOSURE STATEMENT 1\ I; ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list If necessary) -:;;;::::jSf/L PW d~ ~ C;~I7L , "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 9 2 2-3101 ; "Affiliated business entity relationship" means "a relationship, other than parent- subSidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there is shared management or control between the bUSiness entities Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the I 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 working relationship between the entities' See State and Local Government Conflict of Interests Act, Va Code 9 22-3101 CERTIFICATION: I certify that the Information contained herein IS true and accurate I understand that upon receipt of notlftcatlon (postcard) that the applicatIOn has been scheduled for public heanng, I am responsible for obtaining and posting the required sign on the subject property at least 30 days pnor 10 the scheduled publiC heanng 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 Ihis application II '''''..- --_ . ~/. ~...{ 'S ~J~;r. ~"4'~ gnature - . Print Na ::$AM t3 Property Owner's Signature ilf different than applicant) Pnnt Name 5utdlVIS!on Var,ance A.ppllca!IO" Page 10 of 10 Revl,ed 7111:'2006 DISCLOSURE STATEMENT MICHAEL K. ETHERIDGE Agenda Item 5 Page 10 I I II Item #5 Michael K. Etheridge, Sf. Subdivision Variance Northwest side of Congress Street District 5 Lynnhaven August 12,2009 CONSENT Joseph Strange: The next matter is agenda item 5. An application of Michael K. Etheridge, Sr. for a Subdivision Variance on two parcels located on the northwest side of Congress Street approximately 300 west of North Lynnhaven Road, and a parcel on the southeast side of Congress Street west of North Lynnhaven Road, District 5, Lynnhaven, with three conditions. Bill Gerwitz: Yes. My name is Bill Gerwitz with Kellam and Gerwitz Engineering. I'm representing the owners. We have reviewed the conditions and have no objections. Joseph Strange: Alright. Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Phil Russo to review this item. Phil Russo: This is a request for a Subdivision Variance to the ordinance that requires all newly created lots to have direct access to a public street. The parcels in questions are two parcels located on the northwest side of Congress Street, approximately 300 feet southwest of North Lynnhaven Road. The parcels were created by deeds and created by the grandfather of the current owner. The two subject lots were created after the adoption of the County Subdivision Ordinance, and it renders them unbuildable until the lots are recorded in accordance with the current Subdivision Ordinance. To record the lots, a variance is necessary as the lots currently have not frontage on a public street. The density and dimensions of the proposed lots are consistent with adjacent residential community lots along close streets. Staffs evaluation of the request revealed that the proposal justifies granting the variance to the requirements of the Subdivision Ordinance, and thus the Commission has decided to put this on the consent agenda. Joseph Strange: Thank you Phil. Madame Chairman, I make a motion to approve agenda item 5. Janice Anderson: A motion by Joe Strange and a second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ( ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS LIV AS AYE AYE AYE AYE AYE AYE AYE Item #5 Michael K. Etheridge, Sr. Page 2 REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has placed item 5 for consent. (, - 73. Item V-O.6. PLANNING ITEM # 52426 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia. on the Twenty-third of March, Two Thousand Four Voting: 1 J -0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt. Ron A. Villanueva, Rosemary Wilson and James L, Wood Council Members Voting Nay: None Council Members Absent: None March 23, 2004 II - 72- Item V-O.6. PLANNING ITEM # 52426 Captain Tom Keeley, Commanding OjJicer - NAS Oceana, Phone: 433-292. advised support as this use is compatible with Oceana '.'I new Instructions since this is Jor recreational purposes. Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH TRA VEL SOCCER, INC., a Virginia Corporation T/A BEACH FC Jor a Conditional Use Permit: ORDINANCE UPON APPUCATIONOF VIRGINIABEACHTRA VEL SOCCER, INC.. A VIRGINIA CORPORATION T/A BEACH FC FOR A CONDITIONAL USEPERMITFORA RECREATIONAL FACILITY OF AN OUTDOOR NATURE (SOCCER FIELDS) R030431 166 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Virginia Beach Travel Soccer, Inc., a Virginia Corporation T/A Beach FC for a Conditional Use Permit for a recreational facility of an outdoor nature (soccer fields) on properly located on the south side of Shipps Corner Road, east oj Holland Road rGPIN 14953733290000). DISTRICT 6 - BEACH The following conditions shall be required: 1, The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used only for practices and not for any other event that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-ofway reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road {f Public Works Traffic Engineering determines that they are required during the detailed plan review process, 5. Any outdoor lightingflXtures shall be no higher than fourteen (14) feet and shall be directed downward and shielded to direct light and glare onto the premises and away from adjoining properties. March 23, 2004 RAVE SOCCER COMPLEX Relevant Information: · Beach District . The applicant is requesting a condition be added to the current Use Permit for the purpose of allowing an indoor soccer facility in lieu of one of the outdoor soccer fields. . The applicant also desires to hold games for adults at the facility. The adult league games will not attract spectators requiring bleacher seating. Condition 5 of the Use Permit must be changed to allow such games. . Condition 5 also address the lighting of the fields, which is an unresolved issue with the adjacent community. Evaluation and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (11-0) with revised conditions pertaining to the outdoor lighting · There was opposition. I I II 4~";". ~"--~C'Jf' ,{~~..."" f?{:rT.. ., .o'~~ !, (I: ." \'l" (v . .S', c-;.~ !i; '\1. ~':J ~~........~.:r L'" 0.. ~"'~ oJ -......"...,...-'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RAVE SOCCER COMPLEX, Modification of Conditions, approved by City Council on March 24, 2004, 2949 Shipps Corner Road. AICUZ is Greater than 75, APZ 1 and 2. BEACH DISTRICT MEETING DATE: September 8,2009 . Background: The Conditional Use Permit for a recreational facility of an outdoor nature was approved by the City Council on March 23,2004 and modified on August 9, 2005. The applicant is requesting a condition be added to the Use Permit to allow an indoor soccer facility in lieu of one of the outdoor soccer fields. A site plan depicting the location and a rendering of the facility has been provided. Modification of Condition 2 is also requested, as the applicant desires to hold games for adults at the facility. The adult league games will not attract spectators requiring bleacher seating. . Considerations: The indoor soccer facility will take the place of one of the existing lighted outdoor fields shown on the approved site plan. This would assist in the ability to hold evening practices or practices during inclement weather. During past seasons, these soccer fields have been used for games. Adult leagues do not hold many practices: instead, they have games, usually held at odd times, so as to not interfere with youth play. Due to the odd playing times of the adults, there are not spectators. There has been concern from residential neighbors who live in Cardinal Estates across Shipps Corner Road from the soccer complex regarding the positioning of existing outdoor recreational lights. A condition of the 2005 Conditional Use Permit stated "Any outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties." RAVE SOCCER COMPLEX, LLC Page 2 of 3 Some of the recreational lighting is currently hindering the visibility at the entrance of the Cardinal Estates residential neighborhood. The field lighting has been checked and the applicant is still working on resolving the lighting issue. Currently, the lights on the fields causing problems are not turned on except for the purpose of checking their positioning. This issue still has not been resolved and the lights in question must remain off. There was opposition to this request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. (This condition has been met.) 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. (This condition has been met.) 5. Outdoor field recreational lighting fixtures shall have a maximum height of 40-feet and shall all be directed downward. In addition, glare guards, Daybrite Model VSLL, shall be added to all lights facing Shipps Corner Road. Outdoor recreational lights shall be controlled by timers. Timers shall be set to shut recreational lights off by 9:00 p.m. Recreational field lights shall not be allowed on after 9:00 p.m. each evening. The lights are approved to be used in this manner for a 10 month period. After 10 months, the lights shall not be used unless approved by the City Council following a public hearing and recommendation from the Planning Commission. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road I I II RAVE SOCCER COMPLEX, LLC Page 3 of 3 Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road Virginia Beach Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor soccer facility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC." . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager:~ \L-. ~~ 11 August 12, 2009 Public Hearing APPLICANT: RAVE SOCCER COMPLEX, LLC PROPERTY OWNER: RAVE SOCCER COMPLEX, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of the Conditional Use Permit approved by the City Council on March 24, 2004 and modified by City Council on August 9, 2005. ADDRESS I DESCRIPTION: 2949 Shipps Corner Road. GPIN: 14953733290000 ELECTION DISTRICT: BEACH SITE SIZE: 21.733 acres AICUZ: Western end of this parcel is 70 to 75 dB Ldn, but majority of the property is in Greater than 75 dB Ldn. Most of the property is within Accident Potential Zones 1 and 2. SUMMARY OF REQUEST The Conditional Use Permit for a recreational facility of an outdoor nature was approved by the City Council on March 23, 2004 and modified on August 9, 2005. Condition 5 was modified to allow higher outdoor light fixtures for the fields and parking lots. The original condition had a height limit of fourteen feet. A condition was also added regarding a building floor plan and building elevations. 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 1 I I II 2. The fields shall be used only for practices and not for any other event that would draw spectators. No bleachers or spectator seating is permitted on the property, 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. Any outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6, Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. The applicant is requesting a condition be added to allow an indoor soccer facility in lieu of one of the outdoor soccer fields. A site plan depicting the location and a rendering of the facility has been provided. Modification of Condition 2 and Condition 5 is also requested. The applicant desires to hold games for adults at the facilitv. The adult league games will not attract spectators requiring bleacher seating. Condition 5 should be changed to minimize the impact of the field lights. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Outdoor soccer facility with building, parking and soccer fields SURROUNDING LAND USE AND ZONING: North: . Across Shipps Corner Road, Cardinal Estates mobile home subdivision / A-12 Apartment District . Undeveloped property /1-1 Light Industrial District . Wetlands and a natural drainage area / AG-2 Agricultural District . Undeveloped property /1-1 Light Industrial District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The eastern end of the property is wooded and contains wetlands leading to a natural drainage area that eventually leads to the Chesapeake Bay. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Shipps Corner RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 2 Road in the vicinity of this application is considered a two-lane undivided collector. The MTP designates this roadway as an undivided facility with a bikeway within a 70-foot right-of-way. No Capital Improvement Program projects are slated for Shipps Corner Road. The soccer complex was required to install left and right turn lanes on Shipps Corner Road with the original site development. Those turn lanes are in place. TRAFFIC: Street Name Present Generated Traffic Volume Present Capacity Shipps Corner 7,600 ADT 1 9,900 ADT 1 (Level of Existing Land Use ~ - Road (2007) Service "0") 180 ADT Proposed Land Use 3 - 428 ADT weekday 705 ADT weekend Average Daily Trips 2 as defined by outdoor soccer facility in 2005 3 as defined by full use soccer fields A traffic study was completed for the Buckner Boulevard Extended project. The study limits include the Holland Road and Shipps Corner Road intersection, but does not consider anything east of the intersection on Shipps Corner Road. The study is dated October, 2005. The current schedule for Buckner Boulevard Extended is for construction to begin July, 2009 and conclude in early 2010. WATERand SEWER: The request does not change the facility's existing demand. PARKS and RECREATION: No comments at this time. FIRE: No Fire Department comments at this time. Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this property as being within the western portion of Strategic Growth Area (SGA) 10, which is planned for non-residential uses to include a mix of light industrial, low-rise office, and limited retail. Evaluation: There has been concern from residential neighbors who live in Cardinal Estates across Shipps Corner Road from the soccer complex regarding the positioning of existing outdoor recreational lights. A condition of the 2005 Conditional Use Permit stated "Any outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. Outdoor parking lot lighting shall be no higher than twenty RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 3 I I II five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties." Some of the recreational lighting is currently hindering the visibility at the entrance of the Cardinal Estates residential neighborhood. The field lighting has been checked and the applicant is still working on resolving the lighting issue. Currently, the lights on the fields causing problems are not turned on except for the purpose of checking their positioning. All field lights are checked regularly to insure that the lights remain directed downward onto the fields. Field lights are to be shielded to prevent glare into this residential neighborhood. The applicant has been advised of this issue and has been working with the electrical contractor for the project to assess what can be done to ensure the lights do not adversely affect the adjacent residential area. The lights in question must remain off until the issue is resolved. The indoor soccer facility will take the place of one of the lighted outdoor fields shown on the approved site plan. This would assist in the ability to hold evening practices or practices during inclement weather. This new facility should help in limiting outdoor evening activity and concern caused by the field lights. During past seasons, these soccer fields have been used for games. Adult leagues do not hold many practices; instead, they have games, usually held at odd times, so as to not interfere with youth play. Due to the odd playing times of the adults, there are not spectators. Staff recommends approval of the request for modifications to the Conditional Use Permit. The request for an indoor field facility is acceptable. The request for a modification of the Use Permit conditions to use the fields for adult games in addition to the practices is also acceptable, as conditioned below. In addition, staff is recommending a revision to the condition pertaining to the field lighting. If approved, it is recommended that the following conditions be required: CONDITIONS 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3, A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. (This condition has been met.) 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. (This condition has been met.) 5. Outdoor field recreational lighting fixtures shall have a maximum height of 40-feet and shall all be directed downward. In addition, glare guards, Daybrite Model VSLL, shall be added to all lights facing Shipps Corner Road. Outdoor recreational lights shall be controlled by timers. Timers shall be set to shut recreational lights off by 9:00 p.m. Recreational field lights shall not be allowed on after 9:00 p.m. each evening. The lights are approved to be used in this manner for a 10 month period. After 10 months, the lights shall not be used unless approved by the RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 4 City Council following a public hearing and recommendation from the Planning Commission. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer faCility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road Virginia Beach Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor soccer faCility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC." NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. RAVE SOCCER COMPLEX. llC Agenda Item 11 Page 5 I I II t{ ~ AERIAL OF SITE LOCATION RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 6 ~.~~ ~ f.: ;;..""..,,,,. ~,\.. i l\ ~l; ~ , ~ il " " \!1 ~ ;,., ~';" l", ~.\ !7:~:~Q ~.' 6~7f :::z. :t% ~- " L..., ,_..~,,_~i ~i.. '.\ I~\ I:a\ \ ~~t, ~ ~~: Ii ,,:__ gi , ~~t~!:" ...~~ %,; 1 i \ \ i I" l' ,\ ,\ ~ Ii H ~ Hii d~~ ~ '-.J';' ~ tiP' ~"~.... 't~,--" :,~) 'i!J . ~. " 'I: .J'..~ J! CITY COUNCIL APPROVED SITE PLAN - RAVE SOCCER COMPLEX. LLC Agenda \tem 11 Page 7 I I " " ~ , t ',- , : i, '!.. ~" - '. 'I"i~b ..r"" '''; "" .~t' " .'; . ~ .- t ,;;t i'~ ~.~~> ~~..;~:.:.:~ --i~ ~i 'I .i .. . , :,1 ;/ i .......----;-_.~-..; --t.::.~.:'.:.:~.___ " , .. ~~ lI)1lf ~(,) ~lt !ll~ If .j II W .J , ( '-f,) tIl Q ~ It ~':' tt; ;, O~.' (,)' (/) ~ ~ (/) "f,) Ii '/1. '( ,It :0 :><: u.:l ~ 0... :E 00 o:::u< E 00:::0 ~ ~ u.:l ~ ;.~~ t- u,.J ~~ :c u....... '!:':: _ UJ~:::: =oz >" GJ en cG ~~ B3 fiS 8 ~~ ::J Z en ~S; ....J e:::: 0... ::: E ~ -< 0 0... 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LLC Agenda Item 11 Page 9 I I II 1 08/09/05 Modification of Conditions Granted 03/24/04 Conditional Use Permit for recreational facility of an Granted outdoor nature 12/14/93 Conditional Use Permit for church Granted 02/25/92 Conditional Use Permit for aolf drivina ranae Granted 10/28/91 Rezonina from 1-1 Industrial to AG-1 Aaricultural Granted 04/23/90 Conditional Rezoning from AG-2 Agricultural to 1-1 Granted Industrial 2 02/22/05 Conditional Use Permit for commercial kennel Granted 3 08/10/04 Conditional Rezonina from R-5D to 1-1, 1-2 and P-1 Granted 4 12/02/03 Conditional Rezoning from AG-1 Agricultural to B-1 Granted Business Conditional Use Permit for car wash 5 12/02/03 Conditional Rezoning from AG-1 Agricultural to 1-2 Granted Industrial 6 10/14/03 Modification of Conditions Granted 10/29/02 Conditional Use Permit for church Granted Continue on next sheet... , ZONING HISTORY RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 10 7 06/25/02 Conditional Use Permit for fraternal organization Granted 08/14/01 RezoninQ AG-1 Aaricultural to A-12 Apartment w/ PD-H2 Overlay Granted 10/28/91 Rezoning from B-2 Business to AG-1 Agricultural Granted 09/21/87 Rezonina from AG-1 Aaricultural to B-2 Business Granted 8 10/24/00 Conditional Use Permit for church Granted 9 02/01/00 Modification of Proffers aooroved 01/23/89 Granted 01/23/89 Conditional Rezonina from AG-2 Agricultural to 1-2 Heavv Industrial Granted 10 01/12/99 Conditional Use Permit for recreational facility Granted 11 02/01/88 Conditional Use Permit for service station Granted 12 08/13/79 Conditional Use Permit for carden shop / nursery Granted 13 11/20/78 Conditional Rezonina from A-1 Apartments to A-2 Aoartments Granted 14 03/20/78 Conditional Use Permit to board horses Granted ZONING HISTORY RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 11 I I z c~~ I . 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I.d c: ~ I I r"T' 1 I I ~ c: ~ ~ II DISCLOSURE STATEM 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 necf'''sarv) ~A,~~ ? 6GG<< ~~j.J,C 11\ "';;.c l..., () z' (, 0..;,1("( 2, List all businesses that have a parent-subsidiaryl or affiliated business entitl relationship with the applicant: (Attach list if necessary) IirCheck 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 applicam, 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) M Se{,^" Ovc 2, List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0' Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, 1 & 2 See next page for footnotes Modification of Conditions ApplJcatioll Page 10 )f 11 Rp.vISE'eJ 9' 1 ..~On,l RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 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 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, (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 9 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 acctg vnst;~ot~lhiS package \\J _ "~b" (:, L \ C Applicant's Signature Print Name Properly Owner's Signature (if different than applicantl Print Name Modlflcatloc\ of CnndltlollS Appllcatio! \ Pa~e11d11 Rf"I\$P.O 9' ~ t!1)}4 z C~~ I I ~ ~~ I I I , ,-.. ~ ~ Z C=~ I I E-c I << Q Z C~~ C ~ r-r I C-~ z C~~ I I I~ c ~ I . r-r . I . Q <=> ~ DISCLOSURE STATEMENT RAVE SOCCER COMPLEX. LLC Agenda Item 11 Page 13 I I II Item # 11 Rave Soccer Complex Modification of Conditions 2949 Shipps Comer Road District 3 Rose Hall August 12, 2009 REGULAR Donald Horsley: The next matter is item 11, Rave Soccer Complex. A Modification of conditions approved by City Council on March 24, 2004 on Shipps Comer Road, in the Beach District. Eddie Bourdon: Again for the record, Eddie Bourdon, a Virginia Beach attorney representing Rave Soccer Complex, L.L.C. As you were briefed this morning in the informal very thoroughly on this application, I'm here representing the owner of the complex. Mr. George Albiston will be speaking. He represents Beach FC, which is the Virginia Beach Travel Soccer, which is a tenant in the complex. Let's back up. Back last year, I'm representing my client and he came forward with an application to modify the conditions of this Use Permit to permit what has been actually going on the site for quite some time and that is adult older players playing league games there on weekends. No spectators involved. It actually generates less traffic, less bodies than soccer practices of youth league teams that use the facility. That is what it was built for. The Navy and the only reason that this original application had that condition about the practice facilities because the Navy and the air rights issues, and not wanting to have spectator games here with lots of people. That is the only reason. The Navy has no objection to this modification to allow adult games there because they don't generate spectators. That's an absolute given. I don't think we can make any argument to the contrary. That was coming forward at that time, and this issue with the lights came up, and the lights that have been there for four years. That created some safety concerns. There are some other concerns with the community and with the city. So, at that time, as I understand it this application was deferred so they could try to work on the light situation. My client says simply turn the lights off. The lights and Ms. Lasley, and I won't go all into that. She has briefed you on it. She has allowed Beach FC to turn the lights on occasion back in January and February for a couple of weeks where they were getting ready for a showcase tournament down in North Carolina. But, my client, the owner of the complex is perfectly fine with the lights staying off. That is not his argument here. But I would say this in that regard. The condition that the staff has recommended, and Ms. Lasley recommended. The only way this is going to get resolved is with the implementation of shields on those lights. Until you modify the conditions to make that happen and restrict the hours that the lights can be utilized. She has recommended 9:00 pm. It has got to be a phenomenal circumstance than what has existed for four years. With a review at the end of a year, again, that's the control you need to make sure the implementation of a solution works. From the owner's standpoint, that the recommended conditions, that solution is perfectly fine. It makes all the sense in the world to him. From the standpoint of the other parts of this application, they stand on their own merits. The building, the indoor building is, again, no spectators. It is just the size of soccer field. The inside will be actually a clay hard true type surface for inclement weather, and play during the winter months. You can't see the building. It is in an industrial area anyway as far as the Navy and the AICUZ. It is not even visible. So, those two items make all the sense in the world whether the lights are on or the lights are off. The owner of the property has no concern about the Item # 11 Rave Soccer Complex Page 2 lights staying off. But ultimately, the solution of the problem lies in your staff and the implementation of conditions with regard to the time of the use of the lights, and with the shielding of the lights. It may be a trial and error situation. I know that Beach FC has worked with your staff, and will continue to do so. My client will certainly support whatever implementation is arrived at in terms of the light situation. The lights, as far as what my client is trying to do, is that he's got a building and it has already been purchased. It is ready to be constructed. That is what we need to move forward on. It is cleaning up those two issues you can maintain control of the lighting with Ms. Lasley's condition, which the owner has no objection to whatsoever. I'll be happy to answer any questions that you may have. Janice Anderson: Are there any questions of Eddie at this time? Thank you. Eddie Bourdon: Thank you. George Albiston: Good afternoon ladies and gentlemen. My name is George Albiston. I'm President of Virginia Beach Travel Soccer. Beach FC, for those of you that don't know is a 25 year old soccer organization here in the City of Virginia Beach. We are 501(c)(3), non-profit organization. We have approximately 600 players and their families who are part of our club. What we do is train travel soccer players in the hopes that they: a) use travel soccer as a means of growing and people growing as players but also as a means for many of them to get to college where they would not otherwise get to college. We currently are, for a smaller club as we are, we are currently ranked year after year ranked in the top 50 or 60 clubs in the country inputting kids in college who play college ball and get money to play college. And for many of these kids, because it turns outs whether it is because of the environment or whether it's where we are, or it is because of the current economic climate, approximately 1/5th of the kids and the families in our club are on some form of financial aid through our club. That is we raise money through tournaments that are held here in Virginia Beach, our Columbus Day tournament, the Sun Cup comes up in a couple of weeks, and our Spring Classic. None ofthose games are held at this complex. We raise money through sponsors. We raise money through other various other 501 (c)(3), to try to allow these to be able to play. The big thing for us about being able to have a lit practice facility is that as you all can well imagine, as seasons run from basically the end of August through the beginning of November. So during that timeframe, parents who work, kids who go to school, have practice time is basically or 5:00 or 5:30 in the evening until 7:00 or 8:00 or 9:00 at night. And, so much of that time, it's dark. Now daylight savings change a little bit and I have from dateandtime.com, how many hours these lights would be on. We've operated out there for four years. We were unaware, until the beginning of this year that there have been some complaints apparently to the landlord or to the Planning Commission about these lights, so back to the times. We play in the fall. We play again in the Spring beginning generally around March I, and we go through the beginning of May, and then we have tryouts at the end of May and the very beginning of June. Our lease is a five year lease. It is up in June of next year. June 30th of201O we are done there. We will be leaving those premises. It is really important for our players because training these players for the next level involves a great amount of time, which unfortunately a lot of that is spent under the lights, and as you may know from projects that you've approved, there really aren't any other light soccer fields, other than the high school fields, which can't be used, other than a couple of middle school fields or their surrounding areas, which can't be used. This is really the only lighted soccer facility other than P AAC, I I II Item #11 Rave Soccer Complex Page 3 which is a rental for Virginia Beach residents. We have to pay $150.00 an hour to use one of those fields from the City. So, this is the only opportunity for us to do this. We found out in January that there was a problem with the lights. We met with Karen because we had some high school age, 16 or 17 year old players who were going to North Carolina for some big college showcase tournaments. We were able to turn off essentially one set of field of lights, the fields that were the closest to the roadway. And we just used the lights on the opposite field. And that worked in the short term until we could resolve a more permanent solution. We searched. We hired lighting contractors. We went everywhere to try to find out how we could go about doing this. And, unfortunately the cost of this is significantly greater than we thought, to put light guards on. And what we've done, I have met with the neighbors (Don and Linda), and some of the other neighbors last week on the 4th August. We had a meeting out at the complex and we had ordered a series of light guards, which went into one of the banks of lights. Those light guards went in there. They are called "Glare Guards", and they prevent a little bit of light spillage. Those lights were then adjusted down so we had a little test case with one set of bank of lights the way that they were. One set with the glare guards and one set with the lights that were pointed just down. And, we met with the neighbors and they were very happy. I have emails from Don talking about how positive it was. They look forward to working with us. And, at the end ofthat night, they said you know we don't want you to spend $10,000, which is what it is going to cost for us to put the glare guards on for 10 months. In 10 months those lights are going to be off. And so they said, we'll work with you. Get your electrician out. We actually had the electrician out last night. He was out on bereavement leave last week. They came in last night, turned all the lights down, move the glare guards to in front of Skylark, which is, ifI may, which is the road that comes in and out of the subdivision there, the road right there (pointing to PowerPoint). Janice Anderson: George, there is a pointer right there. You don't have to run back and forth even though I know the soccer thing. George Albiston: Okay. There is a bank oflights that we talked about with the neighbors which is directly across from that roadway. And what we said to them was we'll move the guards there. That was their primary objection. And I understand that. The lights when you are there certainly you can see the glare of those lights a little bit. So, we said we'll put the glare guards there. And then we'll get together again. And, we will take a look at and if there is anything else you need to do, that you think we need to do, we'll do it. And Karen agreed. The Virginia Beach police were out there and they agreed. So as of last Wednesday, I thought we were all agreed on a possible solution to this. And, then I guess there have been some issues that I'm not sure about. But what we are asking the Commission to do is for a 10 month period of time, allow us, and Karen Lasley has written a change to the Use Permit, which allows essentially her to monitor the lights out there. If it turns out that we have to put glare guards on, and we have to spend $10,000 for and ask these kids and their families to pay it, then we'll do it. But we're talking about spending that $10,000 for really, 10 months left in the lease. The use of the lights really only goes until November-December. It is very sporadic then. It is only really four nights a week. Not five because Friday nights kids play on weekends, so they don't practice the night before they play. It happens sometimes but not every week. Then they are off pretty much all winter long until February or the beginning of March when we start playing again. Then by April of next year, it changes. The daylight savings come in. The lights are only on an hour a night, if Item # 11 Rave Soccer Complex Page 4 that, and by April they are not on at all. We're back to daylight. So, we're just asking as the tenant, as the primary tenant. I could read the note from Don but we're willing to work with them anyway they want. We certainly understand their concerns and we understand that if they had complaints, and they fell on what they believe were deaf ears, we're happy not to be those deaf ears going forward. So, what we're asking is that this Commission approves the use of the lights, and I think that Karen had submitted a two-part modification. One was that the glare guards be put on immediately, and that would be required in order to operate the lights. And we agreed to move it to 9:00 p.m. Or that we try to work in sort of interim modification which is putting lights down, having the Virginia Beach Police out again to take a look at it. To take a look at Skylark, and then if Karen says that is not enough, then we put the glare guides on. But all we're asking is for a chance to sort of come up. I wasn't aware of this until yesterday afternoon. I apologize for not being a little better prepared. The only other thing that I would say is with regard to the lights. I certainly understand the neighbor's objection to it, and the light being across from where they exit. But from the city standpoint, I drove around last night to some of the facilities that are Park and Recreation facilities. For example the one at the comer of Reon Drive and Providence Road? Those lights are on, and if you compare the two, it is two or three times as bright as the lights are at this facility where we have a wall where we have things which also serve to block it. And that's the case all over the city. All we're asking for is a chance. I guess that light means that I used up all my time. I didn't know that it was there. Are there any questions I can answer? Donald Horsley: I got one. Janice Anderson: Okay. George Albiston: Yes sir. Donald Horsley: Who owns the lights, you or the property owner? George Albiston: The property owner. Donald Horsley: Did you put them in? George Albiston: No, I didn't put them in. Donald Horsley: He put the lights in. George Albiston: He put the lights in. Donald Horsley: He doesn't care whether they are on or not? George Albiston: Those issues are separate issues that I don't think necessarily. Donald Horsley: Okay. Your contract is going to end in 10 months. George Albiston: Correct. I I II Item #11 Rave Soccer Complex Page 5 Donald Horsley: So, then I guess you will try to find a new tenant. George Albiston: I don't know the answer to that. Donald Horsley: So, there are several hundred thousand dollars worth oflights out there. I don't understand why they were put in, evidently not to the right specifications or whatever. But then again, I don't think you're going to fix the light problem today. You know, you're going to have to order these shields. That is another 30 days. I don't know what the answer is to that. I don't have a problem with the request to build a building but this is kind of. You running Ms. Lasley ragged running back and forth checking the lights to make sure they're right every night. I don't think that is fair to her. We got to come to some deal on this and get it straight. George Albiston: I think Ms. Lasley has indicated certainly she understands the position that we're in. The landlord, and us have a difference of opinion about whose responsibility it is to put in the correct lights isn't an issue for the Planning Commission. We're just asking on behalf of 600 citizens of Virginia Beach and their kids to allow us to try work a meaningful solution to this for 10 months until we're out of there. And the agreement is with the city according to Karen is that 10 months from now those lights are turned off unless there is a permanent solution that the Planning Commission agrees too. So it is not a situation where someone else can just come in and rent it, and here you are again. There has to be a permanent solution at that point. This is simply a temporary one to afford us the 10 months to end of our lease because we do have a difference of opinion with the landlord about that issue. But that is not for you all. I'm just trying to do what I can for 600 kids. That's all. Donald Horsley: Okay. Janice Anderson: Any other questions? Go ahead Dave. David Redmond: Okay. So you lease the facility from the owner? George Albiston: Correct. David Redmond: Do you lease it full time 100 percent of the time? George Albiston: No. We lease it Monday through Friday from 6:00 am until 9:00 pm. And the agreement that we have with the city is that the lights will only be used Monday through Friday until 9:00 pm. David Redmond: My question is, are you the exclusive Leasee? George Albiston: No. I think he runs stuff on the weekends during the day but nothing to my knowledge at night. David Redmond: Okay. Janice Anderson: Henry? Item # 11 Rave Soccer Complex Page 6 Henry Livas: Is it possible you can recoop any of that $10,000 investment for the next person that comes along? George Albiston: I don't know the answer to that Mr. Livas. I hadn't thought it that far through. Frankly, I think that unless the landlord was willing to payor defer some of the cost for that, I don't know that. Henry Livas: It's a little unusual situation. I would say that the owner should be handling the lights and all that. But apparently you haven't been able to do that. George Albiston: I have no comment on that I can make. Henry Livas: Okay. Georg Albiston: yes ma'am? Kathy Katsias: Have you talked with the owner renewing your lease for another five years? Maybe he would participate in the cost of the shields. George Albiston: I don't that is possible. There have been some of those discussions. Kathy Katsias: So where is the organization going after the end of June? George Albiston: We are exploring options on the purchase of land and building of our own facility. So, we're attempting to partner with some organizations to do that. Thank you very much. I'm sorry. Janice Anderson; I think that is it. George Albiston: Okay. Thank you. Janice Anderson: Thank you. George Albiston: Sorry, if I was worried. Donald Horsley: We got two speakers in opposition. Linda Russell. Linda Russell: Can I give this to you or someone else? Janice Anderson: You can give it to Mr. Redmond. Linda Russell: Okay. I know you're not going to get around to that but hopefully you can later. My name is of course Linda Russell. I'm all caught up in this mess. And, of course you know when we were here last we were here to approve games. I don't know how what happened there. Apparently the games, and we have pictures of him having games. I don't know. You didn't approve it so how are we having games? We also have pictures, as you see there. He doesn't comply with anything. The owner. Okay? We were talking about the berm. I went back and I I II Item #11 Rave Soccer Complex Page 7 saw where, Mr. Crabtree. We were so happy when they started this in 2004, and the berming was going to be out of the world. Well, that fell along the weigh side and they planted the trees. So we came and saw they were little teeny tiny. They are not up there where they are supposed to be. Covering the wall where he (the owner) pressured painted. Every time he comes over here he does something. Right now he needs the grass cut. And even the orange sign that he put up in July. He didn't take that down. Right now it says seven, so we're all confused. We didn't know ifit already happened or whatever. And, he extended the wall there. I didn't see a permit. I don't know. As you can see, he stopped doing that. I don't know. This thing just got crazy. So, the reason why I pulled out of the thing is if you notice, he says keeps talking to Don right? I don't know where he got my email. I never emailed him anything until yesterday. And then it got to the point of yesterday afternoon he called me and he says that he wanted to speak to Linda Russell or my maiden name. And I'm a widow. I'm 66 years old. Let me understand this because this is kind of scary. Okay? Is my time up (looking at light)? Janice Anderson: Go ahead. Go ahead and finish. Linda Russell: So anyway, that is the reason why I pulled out because he was basically strong arming me to do this thing. If we would have actually done what we did, he would have went on. He said he didn't know anything about it. Of course, we put up with it. From November he said he was going to close the thing. We got pictures of the lights. And the reason why he didn't have the lights on was because it was summer. He's stopped turning them off because of things happening but we got pictures and everything. And, you will like this. My neighborhood, and they told me not to talk about my neighborhood. We don't have a community association and we live in Cardinal Estates, and you know we came there in the 60s and we have revitalized the whole neighborhood. We have been working with everybody. And, we are member of the Citizen Advisory Committee (CAC). I guess you all know that already. And, we have 30 of our children that were born there, and came with us back in the 60s, and they chose to live there and they are replacing the old trailers with brand new manufactured, some of it as much as $100,000 dollars. They told me not to talk about that. Apparently you guys are interested in that. Our last house sold for $187,000 a couple of days ago. And, even the older people are improving when they see a new house next to them. We have two houses for sale. So, this is the reason why I'm doing this because we have 30 of our kids and they are going to be living there. So, thank you. Janice Anderson: Any questions of Ms. Russell? Thank you ma'am. Donald Horsley: Okay. Don Crago. Janice Anderson: Welcome. Don Crago: I'm Don Crago. I've live in Cardinal Estates since 1976. I'm not as cute as she (Mrs. Russell) is but I speak clearer. Two things right off the bat. Mr. Henley, I'm going to print out what you said a few minutes ago and hang it in my office concerning neighborhood concern and problems. The second thing is hardship? I heard that word this morning at the informal meeting. Let me offer two things, and since there's no legal definition of hardship, how about danger to human life or a genuine threat to the neighborhood comfort? In this case, both of those items I am calling a hardship on the whole neighborhood over there. Starting in 2007, I Item # 11 Rave Soccer Complex Page 8 realize we had a problem. I talked to the neighbors and everybody mutter, mutter, and mutter. Nobody wants to do anything. Everybody knows it is difficult to get people to do anything. So, I fired an email to the City Manager labeled "dangerous conditions" and I started pointing to the light problem on Shipps Comer Road and Skylark. I was told that I was the only one to have ever complained. They sent an inspector out there. And they said it's not a dangerous condition. I'm not going to read all these to you. This is all the correspondence to and from the City, to and from neighbors concerning this problem since October 2007, working with Karen and working with various people. There is a problem. The applicant's whole concern on his tale here a few minutes ago was money. We met last Tuesday night and he wanted to talk about kids playing soccer and wanted to talk to them about going to college. I said I don't care about soccer balls. I don't care about kids going to college in this situation. I'm talking about neighborhood lives, families, moms and dads getting killed at that intersection. I've got plenty of photos in here. You've seen some of them. I heard comments today at the informal meeting that the pictures weren't very clear, and you really couldn't tell anything. Thank you. That is what it is like when you come up to the stop sign. You can't see anything but lights in your eyes. You can't see traffic on the right. You can't see traffic on the left. That is from Skylark. If you're coming down Shipps Corner, you can't see people on Skylark on your right because the lights are coming into your car. 162 people signed a petition that you folks were presented with last November. The wordings that you put out "any outdoor recreational lighting fixtures should be no higher than 40 feet shall and be directed downward and shielded to direct light and glare onto the premises and away from adjoining properties". There are 7 or 8 people that live along Shipps Comer Road that hang blankets and sheets on their windows at night when those lights are on so they can go to bed, eat in their kitchen or watch TV. The lights are the problem. I haven't mentioned the building. I don't care about the building. I'm here to turn off the lights because he is not going to be able to fix them. Last Tuesday we were presented with about an 8 hour notice to come to a meeting. After all these months we get an 8 hour notice to come down and see that they've done something to the lights? Okay. May I read to you the note that he passed over two times, and seemed not want to read? Janice Anderson: You're time is over. So, if you could kind of generalize? Don Crago: Quickly without going in to the notes, and I was going to bring more points. You folks seem to be in agreement with me. The lights are a problem and haven't been resolved. All we've heard is talk. You just heard Mr. Albiston talk, talk, and talk. Nothing has been done. The lights are not fixed. There are steps taken but the lights are not fixed. Thank you. Janice Anderson: Thank you. Are there any questions for Mr. Crago? Thank you sir. Are there any other speakers? Donald Horsley: There are no other speakers. Eddie Bourdon: Madame Chair, Eddie Bourdon, again for the record. The one thing that I will say is that Ms. Lasley has been completely accurate and as Mr. Albiston. My client is turning the lights off. The lights have only been on the occasion that Ms. Lasley mentioned and Mr. Albiston mentioned for the couple of weeks training for their Beach FCs participation in the showcase tournament in February. I want to back up. I've had the absolute pleasure of having a I I II Item # 11 Rave Soccer Complex Page 9 daughter who played for Beach FC, and is one of those people that Mr. Albiston spoke of who is a college soccer player because of Beach FC. And, at no point is this. First of all, no one wants to harm the neighborhood. If you implement that condition that Ms. Lasley will recommend to you that will solve that problem then we'll get that problem solved. There is 9:00 p.m. cut off time for those lights. Most people who live behind there don't go to bed at 9:00 p.m. although I'm getting closer in myoId age. The condition that she is recommending to you, and that Mr. Albiston is asking for I think is very reasonable. My client thinks it is a very reasonable one. It will be a short term solution, and eventually it will be a long term solution because we know that it works or ifit doesn't work. The folks in Cardinal estates are a wonderful group of people. They do live injet crash zone. We certainly don't want to be causing any light pollution that is causing them not to be able to live in their homes, and the going up of their values. Linda indicated that one sold for $187,000. But the lights have been off. What we're asking for as far as the adult leagues and the building are not a problem to anyone that we know of, and the lights solution that is being proposed will work. It will keep control over that situation in your hands, and it won't be out of your hands as it was for the four years prior to this. This is absolutely in my view, is the way to go. I appreciate you approving the Use Permit as recommend in the staff write-up and with the conditional lights that Ms. Lasley has. Janice Anderson: Thank you Eddie. Eddie Bourdon: Thank you. Janice Anderson: Go ahead Ron. Ronald Ripley: Eddie, can I ask a question? All of this is about the original conditions, and it looked like the original conditions provided for this. Why didn't the owner put in the shields at that point? Eddie Bourdon: Mr. Ripley, it is not that easy. It involves lease provisions, numerous attorneys. Mr. Albiston is absolutely right. We can spend hours talking about something that it is not going to get us any closer to what needs to happen in order to move this ball forward. Ronald Ripley: Who was originally responsible to do that? Was it the owner? Eddie Bourdon: It is pretty much a joint venture. Who actually put them up versus who paid for them, and all of those other issues. We haven't argued it because I don't again, I don't think it is necessary or gets you to the bottom line. I'm not defending the lights but these are recreational fields. It is not a shopping center situation, so you do have to have a lot of light. Whether they were installed properly or whether they have been maintained properly, and the club has made it responsibilities as well, those are all issues that has been said. As soon as it was brought to our attention that it was a problem, my client's attention that it was a problem back in November, at least that I know of. I wasn't at that hearing. I didn't' represent him then. He said turn them off. They have been off since that time. A solution is what we're looking for on that issue so there won't be an ongoing problem, and that has been the case since November. I don't think there is any reasonable argument that could be made to the contrary. The only way it is going to get solved is by they either stay off or you implementing putting the guards. You implement putting Item #11 Rave Soccer Complex Page 10 the lights down. Doing some things that I think will work, and most importantly restricting it or as importantly restricting it to 9:00 p.m., which means the times that they're actually lights on is very minimal amount of time. We don't want a safety hazard for anybody. We don't want to impose any problems on anybody. I think this is the absolute way to do it. I was unaware until two days ago that the light situation was back on the table. We were moving this forward without lights with the idea that the lights would stay off. But the reality is that, I believe the right way to solve that problem but if the Commission is not comfortable with that, and I hope you will be comfortable with that. The lights can remain off. Again, I don't think that is the equitable way to deal with this situation. I think what Ms. Lasley is recommending or is willing to do. Given all the circumstances is the right way to go. At this point, that is the only way to move this forward and solve the problem. Janice Anderson: Go ahead Don. Donald Horsley: Eddie, I can't quite understand what's going on at this meeting. You got all of these lights, and the owner really doesn't care whether they are on or off because he wants to build a building for inside soccer. I mean, I don't quite understand why the owner doesn't want to really get this light situation fixed to help the other people get if fixed so everybody can be happy. I would love to go ahead and approve the building and know that the lights are going to be fixed but why won't the owner help them? Eddie Bourdon: The condition does do that. The condition requires they implement what will work in the eyes of Ms. Lasley and the police department. For 10 months, it (the conditions) has to come back to you and to City Council. At that point in time, if there is not an extension on the lease, if there is a new tenant or it may not come back because the lights are permanently turned off. Any of those things are possibilities. But we're in a situation with a lease with a short remainder term that the club wishes to use to continue those lights, and is willing to do what's necessary or to be able to continue to do so. My client has not leased that property to anybody else for any nighttime use. He has no need for the continued use of those lights at night. We just don't know what is going to happen at the end of the current lease as to whether there is somebody else coming in that wants to use lights. But again, those conditions say that you got to come back, no matter what. Even if the solution everybody likes, we still got to come back at the end of 10 months. There are issues involved. Lease issues, complicated issues, and history issues. There is just not anyway that this body or City Council is going to solve those or should be concerned with solving those issues. Donald Horsley: Likewise. The light situation because we don't have the expertise to know what they're doing is going to fix the light problem anyway. We're making recommendations that we think would work but we don't really know. There needs to be a light engineer to really design that. I think the shields would probably help. Common sense tells you that. There is really nobody that is going to guarantee that what we're recommending is going to fix the problem. Eddie Bourdon: I actually believe that number one that is actually who was involved in the meeting that took place. I forgot but Mr. Albiston is a better person to talk about this. I wasn't at the meeting. Is involved, was involved now, and did exactly what you're talking about. And, I I II Item # 11 Rave Soccer Complex Page 11 I believe Ms. Lasley will tell you that she is very comfortable if those guards are put on all of the lights that are facing Shipps Comer Road. She also believes that it may not be necessary and that determination can be made between now and City Council on the light issue, but it ultimately going to be staff s determination as to whether they think it works or not. Planning Commission, generally speaking has gone out and checked whether there is spill over of lights on a shopping center or anything else. So, they can ultimately rest in, and frankly so, you're respecting trust for your staff. And, that is what this will do. It is an implementation that will be either full or partial, and that is what Mr. Albiston has said. You probably ought to address that question maybe to Ms. Lasley as well, but I just don't know how you solve the problem any other way under all the circumstances that are present, which are somewhat complicated. Donald Horsley: Okay. Ms. Lasley? Karen Lasley: Yes sir. Donald Horsley: Are you going to be comfortable putting this condition with the approval of this application? Karen Lasley: Yes. Remember in the informal, I talked about there were two different conditions. I think they probably want that second condition, which you don't have in front of you, and I thought I printed it out but I printed out the wrong version if you want me to give you the gist of that? Donald Horsley: Please. Karen Lasley: Okay. On our page four of the write-up (staff report), you got condition 5, which is the one that requires the glare guards on all the lights facing Shipps Comer Road, and I think that is the one that will make it a definite difference. But, I'm happy to go out and check. So, you would say "outdoor field recreational, maximum height to 40 feet will be directed downward, and in addition glare guards, and we got the model". The right model VSLL shall be added and then stop there. We will change it to "shall be added to the lights directly across from and facing Skylark Drive". "If the Zoning Administrator finds that putting glare guards only on the lights facing Skylark Drive does not significantly reduce glare and spillover, glare guards shall be installed onto all lights facing Shipps Comer Road", and then the rest is the same. One thing that is not in that condition is the Monday through Friday. And they only do use the lights Monday through Friday so that would be good if they are going to tie it to Monday through Friday. And it is my understanding from George that he's got those lights installed across from Skylark Drive So, I can go out there tomorrow night and check that if you wanted to deferred to make sure it is right or if you want me to do that between now and Council. We can go take a look at that on how that looks. Does anybody want to volunteer to come with me? But I will definitely have the police officer come with me that was there. He was very helpful. He made me feel better about the whole thing. Donald Horsley: You're comfortable with the condition now the way you got it? Item #11 Rave Soccer Complex Page 12 Karen Lasley: Either way. I personally don't think doing it just to Skylark Drive is going to fix it. I am really concerned that I think people have real unexpectations on how effective these guards are going to be. How big we can get it? I mean we approved it to put these field lights out there, and there is not anyway you can really get field lights to be unobtrusive. There is always going to be a light problem. I like the idea of limiting it to 10 months, and then everybody could come back and you get to do this again. That kind of gives it a good test. I'm happy to do it anyway, but if anybody has a better idea that is great. Janice Anderson: Okay. Thanks. I've got a couple. Gene, and then David. Eugene Crabtree: We hit around it, Eddie, everybody, and this responsibility. Who is responsible for doing this and seeing that it is done? The owner who is ultimately is going own this thing? It doesn't say in here that the applicant is responsible for assuring that this is done. Karen Lasley: For me and by law, it is the owner. If it doesn't get fixed and I send out notice it is the owner that I ultimately take to court. Eugene Crabtree: Why does the tenant having to spend $10,000 to do this? Karen Lasley: That is between the owner and the tenant. We don't need get involved. Janice Anderson: David, did you have a question for Karen or Eddie? David Redmond: I do have some for you but I think I know the answer, and if I don't then correct me. The answer is the landlord has a lease with the tenant. The tenant within his lease is responsible for certain maintenance and upkeep including that which this landlord is being directed to do, to clean a commercial lease. The tenant is responsible for this maintenance. Now, the tenant may be sitting. He is standing up so I may be wrong. Well you got some dispute about who is going to be responsible for getting the lighting done. My point is what we need to do is narrow the speck down to what we are supposed to be looking at. We're all trying to figure out how many lumes (lighting) on what road. The question is whether not they can build this building. That is what this applicant is requesting a condition to add for an indoor soccer facility in lieu of one of the outdoor soccer fields. Now in my mind, I'm questioning whether they do or they don't how does that affect the lighting? I'm not sure that it really does except this is the only leverage to ensure that improvements to the lighting get done. So, my question for you, the question for Jack, the question for anybody else with any kind of knowledge is there any other kind of public safety contact? It seems to me there is safety issue with regard to the lighting. It ought not necessarily be whether this is a new building or not. That is something that we have to address from a public safety standpoint. Is this the only crack that the City of Virginia Beach has at? Karen Lasley: It is the only crack that I know of. The condition, to me the way it is worded now it is badly worded and it doesn't work. I think we need to fix that condition, and this is a great opportunity to do that. I don't know any other way. I make decisions. They can appeal to the Board of Zoning Appeals. We end in court. There is always that route. I I II Item # 11 Rave Soccer Complex Page 13 David Redmond: Okay. My view is I don't see any reason why we ought to hold this building up. And if we have a workable condition, and we agree that we have a workable condition, then I don't what the problem is with the building. Now the dispute between landlord and tenant about who is going to pay for this is not with our domain. They can work it out themselves. I do think probably if there is no other way to ensure that the lighting is taken care of, we got to stick to our guns and ensure that this gets done. So, my only concern is daylights savings time. We didn't quite get that. We've been bouncing around times and that's an awful lot. Daylight savings time is going to end in October, the middle of October? So, between October and next April it gets dark at 5:00. 5:00 to 9:00 is four hours folks. That is a lot oftime. So, it is not like it is going to be quick little time period. It might be in August but not in January. It is not as though if the lights go off at 9:00, you know, people are playing soccer and there on Christmas break, it is not a short amount of time. That is four hours. Karen Lasley: 6:00 to 9:00. Their lease is from 6:00 in the evening until 9:00 that they would be on. David Redmond: Alright. That is a fair amount of stretch with lights on. Karen Lasley: And during peak traffic period. Janice Anderson: AI? Al Henley: I tell you that this application really concerns me for this reason City staff and Planning Commission is making these recommendations, and we're thinking common sense approaches. And I like that approach, however, I'm not a lighting engineer. I'm not even a lighting technician. I often say and I joke about when I change my light bulb, I call Dominion Power to turn the main power off so I can do that safely. But seriously, suppose we put these shields ups, and the shields don't work? And my common sense tells me that they're going to work. I don't have any expertise. I don't think staff has expertise. Is this really going to solve the problem? I think the shoe would be different on the other foot if this was a brand new neighborhood that moved in, meaning that Cardinal Estates moved in across the street from this complex. That is not the case. The new guy on the block is this new facility, the applicant that is on the books today. I find it very difficult that residents living across the street having to hang up sheets and blankets across their windows in order for them to have any lifestyle. That is not reasonable. I also remember, and I think it was November the last time the applicant was here, that I believe Don Horsley stated "you fix the lights and you come back to us". And now what I hear is that City staff, Karen Lasley has to keep continuing going out there and it is not like she has nothing else to do. That concerns me. Most of you know that I was in a regulatory agency before I retired, and if there is anything more frustrating to City staff is that they keep sending certified letters, and having staff continuing to visit the site, and tell the same applicant to do what I told you to do six months ago. That is very, very frustrating. And, I lose a lot of respect for people who don't abide by those regulations. I guess in summation is this? I feel very uncomfortable in telling anyone what to do when we don't have the expertise in that particular subject. I would like to see a lighting engineer provide that information, and saying yes, your recommendations would do that, however, we need "a", "b" & "c". Ifwe require this applicant to put shields up, it cost him $10,000, and it doesn't work. That doesn't make me feel very good Item #11 Rave Soccer Complex Page 14 that I did an appropriate job. So, I think there is a lot more homework to be done here and it is very important that the applicant to that necessary homework. I'm not so sure that it was a lighting engineer who designed that lighting to begin with. It is over lit? Did they stick the poles up? I don't know and maybe they did. If they did, maybe the lighting engineer needs to revisit the site at night to see if that situation is over lit? Now, I do realize that a soccer team and other teams that play need sufficient light in order to play for liability reasons and so forth. That is extremely important but Ijust don't feel comfortable moving on this application for those reasons that I just mentioned. And, I sympathize with the neighborhood across the street that they have to keep coming back before the Planning Commission, and pleading their hearts. They are saying help me out. Help me out. That is what we're trying to do but I just don't feel comfortable at all on this application today for those reasons that I just put out. Thank you. Janice Anderson: Thank you AI. Phil. Philip Russo: Karen, am I correct in the lighting issue really just involves the students travel soccer? Karen Lasley: Evening. Yes. They are the ones who use it in the evening. Philip Russo: Now when you look at condition 2, it says the field. I assume that you're referring to the outdoor field and not the indoor facility? Karen Lasley: Well, actually condition 2 about not attracting spectators that would apply to everything. That is based on AICUZ issues. Philip Russo: Okay. I'm just not sure that condition 2 may render this whole lighting issue mute anyway. Because ifI read this broadly, the field shall be used for practices and for adult league games, I would read that only for adult league and adult practices. Karen Lasley: No! The practices would apply to any age. Philip Russo: Any age? Karen Lasley: The adult league games, the Navy is okay with that because nobody comes to watch the adult games. Kids play and the parents all come but the adult games don't attract spectators. Philip Russo: Okay, so the students can only practice there? Karen Lasley: Right. Philip Russo: Okay. Karen Lasley: That is what they have been doing. Philip Russo: Okay. It says also no events would draw spectators. Well, that would prevent their parents from standing around and waiting for them while they practice also. I I II Item #11 Rave Soccer Complex Page 15 Karen Lasley: Yeah. Philip Russo: Okay. I think I'm clear. Karen Lasley: It is another not real black and white condition that I think has caused concern in the neighborhood too. Philip Russo: Okay. Well, I think I'm clear. I just wanted to make sure that the practices that you were referring to allowed for the students. Karen Lasley: Yes. The main thing is that no bleaches. No seating. We don't make it comfortable for spectators come and don't try to attract spectators. Janice Anderson: Okay Joe. Did you have a question or just a comment? Joseph Strange: I guess I'm sitting here trying to figure out. We're involved in land use. It seems like this lighting situation is a safety issue or something. I don't even know why we are involved in this. The lighting situation, it seems to me that is the only problem here. I haven't heard anybody say there is the problem other than the lighting. We're involved in land issues. I mean it seems like to me that this would be up to some other agency in the city that ifthey're in violation of some type of ordinance, safety ordinance or anything else then this part of the city should be taking care of this and not us. Maybe I'm wrong. I just don't quite understand it. Janice Anderson: Wait a minute. Mr. Albiston did you have new information? George Albiston: No. I just wanted to respond to a couple of the issues raised. Janice Anderson: Wait a minute? David would you like to ask Mr. Albiston a question? Rebuttal has already been done. We're in discussion now. George Albiston: Okay. David Redmond: I would like to a question. Janice Anderson: Okay. George Albiston: Sure. David Redmond: Would you explain to me a little bit. I don't want to get too deeply in to the nature of your lease. What is the nature of the dispute here? It sounds like to me that someone doesn't want to pay for this. George Albiston: The nature of the dispute is that we had thought that when the issue first came up that because the landlord put in the lights they would have the responsibility to bring them in accordance with what has become, I guess a Planning Commission issue. I listen to Mr. Strange. And I don't get it but I guess because it is part of the Conditional Use Permit that is why it comes Item #11 Rave Soccer Complex Page 16 back before you. We were trying to find out the best way to solve it. We've had lighting engineers out there, which is why we came up with these guards. We've had Jeff Eaton, Lieutenant Eaton with the Virginia Beach Police Department out to go over these things because he is their lighting person. David Redmond: So, my question for is why are you doing this? George Albiston: Because if I don't do it then it is not going to get done. I have 600 kids who need to start practicing there next week. And, they are getting ready to go to college, and they are getting ready to play in tournaments all over the country, and I don't do it, then it is not going to get done. So, it is my responsibility as a volunteer to do that, and whether I have to pay for it, whether I got to write the check and then go to the parents to do it, or whatever this Commission says to me that I have to do to get it done, I'm going to try and do it because I got a responsibility to those kids as president of the organization. Whether Mr. Ozic does it or not, and it is clear that he isn't or whether it gets resolved in some other form down the road, then maybe it will get solved in some other form. Right now, my responsibility and what I've been told by the city is that it has to get fixed. So, we've worked with Karen to come up with a viable option to fix it, and we've worked with the neighbors. I was a little distraught to find out what the neighbor says today because I had emails from them after the meeting last week that say, we'll work with you. This is all you have to do. We don't want you to spend the money for 10 months. We just want you to fix the lights across from Skylark, and that is what we've done. It is all done. We did it last night. We got electricians out there. We got bucket trucks out there. We went out there last night and fixed the lights according to what the neighbors and I had agreed a week ago yesterday. So, I'm not very good, I guess the political part of this. David Redmond: Let me ask you this. When you say it is not going to get done, why do you say that? You don't get to build this building if it doesn't? George Albiston: Well, however, the Commission goes about it, I just want to make sure that my kids are able to play. So whether I pay the money for it and it gets done, and I get it back another way, or the Commission does it a certain way, I don't care. He is willing just to turn them off and that doesn't solve my problem. That doesn't solve 600 kids problem. David Redmond: Thank you. Mr. Bourdon? Can I ask you a question? Eddie Bourdon: Yes sir. You certainly may. David Redmond: He says it is not going to get done? Why does he say it is not going to get done? Eddie Bourdon: The lights. David Redmond: I'm just trying to sort out all of this. I'm so wrapped around the axle now, as Don says on this. Eddie Bourdon: There are disputes between the parties about monies that are alleged to be owed I I III I Item # 11 Rave Soccer Complex Page 17 to the owner of substantial sums. I'm not here to, and I know Mr. Albiston is not either. We are not going to resolve those issues but there are significant dollar figure disputes between the parties. That is the reason. As the owner had said turn the lights off. Don't turn them back on. That solves the problem as well. Okay. That is the whole point. We can't afford with the lights being off. He doesn't want to stand in the way of the players from Beach FC from being able to use the facility with a reasonable condition to make sure that there aren't any problems. But, his position is just leave the lights off. If you're not willing to allow what is being asked of you by the tenant and by, I think your staff is perfectly comfortable with it, because I think Mr. Strange is right. Then leave the lights off. He wants to move the application forward with the lights off, which solves the problem too. Okay. We don't want to penalize because of the financial disputes between the parties what Beach FC has offered to do, and willing to do. And from a land use standpoint and from doing what I think is the right thing to do period, that is what I think should happen. But the other alternative is just to move it forward with the things that are not in dispute and with the lights just to remain off. And then there isn't a problem with lighting with them off. Again, the lights were approved four years ago. I think the better solution is what I think this Commission should do is and that is to approve it with the conditions that Ms. Lasley has, which says 10 months, if there is a problem. They have been there for years and this is clearly going to be a whole better, and if there is a problem, she has the authority to stop it. It doesn't work. I think she won't hesitate to do that. But that is the way to solve it. You can't solve the financial disputes. This Commission or anyone else can solve the financial disputes between the two parties. David Redmond: Thank you Eddie. Eddie Bourdon: Thank you. David Redmond: I agree with that. I know with the notion. Thanks for the information by the way. Eddie Bourdon: Believe me. I spent about three months trying so I know what I'm talking about. It isn't going to get solved by anybody here. David Redmond: Thank you very much. Okay. We got a Conditional Use application in order to build a building. The last time they came up it was our judgment based largely on Mr. Horsley's assertion that you can figure out this lighting situation in order to move it forward. In response to what you said Mr. Strange, it is not uncommon for a Condition Use application to have various relative conditions. And this strikes me as part of the same facility. It is all part of the same facility. So, I think these are reasonable conditions to attach. So, I disagree with the notion that we don't have any business sort of wandering into that area. I think we do. The question is whether or not this is a sufficient solution to ensure that it gets done. I would be more comfortable if we had more than just a scribbled down version that Karen has. Janice Anderson: Okay. Joe? Joseph Strange: I wasn't saying that we shouldn't wander into that area. I'm saying that we already wandered into that area. We've already made a declaration. It is not up to us to police it. Item # 11 Rave Soccer Complex Page 18 It is up to some other person to police it. It is not us. If they are not meeting, and we've already given them a Conditional Use Permit and if they're not meeting the conditions ofthat permit then somebody else should shut them down. Not us. Janice Anderson: Let me just chime in on this. The problem I have is I think this is the third time they have been back and the lights have not worked. And they haven't cured it and this is the third time. They still are not fixed. I do believe they do need some kind of condition to something be done to the lights. I would be supportive of the original version where they have to put in these glare guards on all lights facing Shipps Corner. These lights are there. They are supposed to protect Shipps Corner. We had the neighborhood down here. We had the police and they said it was an issue. So, I don't care who pays for them. Let's put them in the condition. They can decide that. But the glare guards should go on all lights facing Shipps Comer Road with that as a condition. If they don't fix the problem we'll come back and look and look in 10 months. If that doesn't fix the problem then they will have to do something else. I think the neighbors have put up enough but I think that as a condition, and the rest I would be fine with but I think there needs to be some relief to have some shield to these lights. Finally, you don't have lights up there just to have them turned off. Joseph Strange: I make a motion that we approve the application with that condition. Eugene Crabtree: I'll second it. Janice Anderson: A motion by Joe Strange and a second by Gene Crabtree. Ronald Ripley: Can I make a comment? Janice Anderson: Yes. Ronald Ripley: I'm going to support the motion but I don't like it. I was on the Commission when this was approved originally and it was a condition that was very important was to make sure that it didn't glare into the other people and property. It was very important. We have a owner who has disregarded that, and I've seen situations where this Commission/Council have made applicants go back and correct the problems. I can think of several that were major. We had a roofthat had to put on over on Shore Drive. It didn't have the pitch right. We represented the pitch. We put on another pitch. We put a lower pitch. And to condone this man to make him put more facilities out there and the owner is not honoring the very first application, the very first Conditional Use Permit, I don't like but on the other hand, I don't want to shut down FC. You see something going on here. You see a little pushing and shoving, and I think the kids need to play. I think, perhaps what you're suggesting makes sense. I don't like it. I'm inclined to vote against quite frankly just because ofthe attitude of not making the Conditional Use Permit correct to begin with. I think it was the owner's responsibility. I don't know who came in. It might have been FC, I don't know if they came in here with the original application or the owner came in but I can't remember exactly who the players were at the time. But, this should have been adhered to from the beginning. Having Karen Lasley to babysit a condition that should have be adhered too before a certificate of occupancy was issued for them to actually use the facility is wrong. If you're building something and you have conditions, you have to meet those I I III I Item # 11 Rave Soccer Complex Page 19 conditions before you're able to operate your business. That's the purpose. I have to play by those rules. Any other business person who goes through that process has to play by those rules. And this man is no different. On the other hand, I don't want to shut down the soccer. I don't want to be the guy who shut down in the City of Virginia Beach. I'll probably have to move out. But I don't agree with this. Janice Anderson: Well, Ron, I totally agree with you. Would you like to put something in the conditions that this whole Use Permit comes back in 10 months so we can change all the conditions because he hasn't complied with it. Ronald Ripley: The only condition that we're looking at here is this light thing. Janice Anderson: Right. We're saying it is coming back but since he hasn't complied you can add anything you want. Ronald Ripley: I'll probably screw it up. I think Karen has probably worked out the best compromise that you can probably come up with, and your recommendation. I'm going to vote it but I'm just expressing myself that I don't like it. I don't think it is right. Janice Anderson: Okay. Donald Horsley: Jack, when would this get to Council? Jack Whitney: It would be heard, unless it is expedited if you act on it today, it would be heard September. It would be the second or fourth meeting in September. Donald Horsley: Anyway of getting these lights taken care of before the next 30 days? George Albiston: I think the last time when we ordered the glare guards that we ordered through the electrical engineering company, I believe that, I think they came in about three weeks. Now whether we can have an electrical contractor to do that in the meantime, I don't know the answer to the definitively. Certainly, we get them ordered immediately if that's the Commission's desire. Donald Horsley: I don't want to keep your kids from playing soccer either. I kind of go along with what Ron is talking about but again I don't want to be part of allowing someone to expand a business that is not being done right to start with, and it hasn't. I mean, I know you're upset about this but this condition that we had that original has not been upheld. It is the way it looks to me. I think that is what everybody is saying. I think I can support voting for the motion but I want you to do everything that you can to get this done before Council because it goes to Council in September and hope you and speed through. I'm going to encourage these people to come down to Council and stand up against it. I think you can get it done. George Albiston: The only question is how quickly they can supply it. The last time we Fedex them in and did all ofthat, and it was about three weeks. So, we'll get on it today if that is the Commission's way. Item #11 Rave Soccer Complex Page 20 Donald Horsley: I applaud you. I applaud everybody who is trying to help kids out. There is no doubt about that but I really do have a hard time. This has gone on long enough and it needs to be fixed. Ronald Ripley: Were you the applicant here? George Albiston: No we were not. Ronald Ripley: Virginia Beach Travel Soccer, Inc. George Albiston: There was originally an application along time ago under a different lease arrangement with the landlord, with the owner of the property where were actually were the developer. That lease got repudiated. There was a new agreement made. He then came down and did the Conditional Use Permit. He changed the design. He did all of that. We were the initial. Then that got repudiated. He has been the driver of it since then. We had nothing to do with it. Eddie Bourdon: And I represented that application Mr. Ripley for both of them in joint venture, without getting all ofthat detail. From the beginning, it's been an inclined situation. Again, fixing the situation is what we're trying to do. Turning the lights off fixes the situation. That has happened since November. Donald Horsley: That puts the kids on the street. Eddie Bourdon: And we're not trying to do that. Donald Horsley: I understand. Janice Anderson: We have a motion? Are there any other comments? Henry Livas: Can I hear that motion again? You said as written? Janice Anderson: It's the revised conditions. It's to add the glare guards not only in front of the street but all lights that face the direction of Shipps Corner Road. Henry Livas: And we're stilling keeping the 10 month time period? Janice Anderson: And in 10 months it gets reviewed to review the light scheme to see if it protects the glare. Al Henley: I have a question. When do these guards have to be in place? Janice Anderson: As soon as possible. Al Henley: So, before going to Council? I I III I Item #11 Rave Soccer Complex Page 21 Janice Anderson: He's going to try. Karen Lasley: So, you don't want lights on until that is all done correct? Janice Anderson: Right. Donald Horsley: The lights will be off until that is done. David Redmond: Do we do anything with Mr. Ripley's suggestion about the Conditional Use Permit the whole facility in 10 months? Did you want to do that? Ronald Ripley: I was just expressing my opinion. David Redmond: I'm just trying to keep up here. Ronald Ripley: I don't care with the way it is written. Janice Anderson: We can add that if you want? The only thing coming back before us at this point as the motion is just the light issue. Okay? That is what the motion is. David Redmond: Last thing. I'm like Ron. I don't like doing this. I'm supporting it too but it sure leaves a bad taste in my mouth. Janice Anderson: We're ready for the vote. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved of Rave Soccer complex as stipulated. Janice Anderson: Is there any other business? Thank you all for coming down. The meeting is adjourned. II - 67 - Item V-M.9 PLANNING ITEM # 58881 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis. William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer, Barbara M Henley. Vice Mayor Louis R. Jones. Mayor William D. Sessoms. Jr.. John E. Uhrin. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None III II May 26. 2009 III III ~ - 66- Item V-M.9 PLANNING ITEM # 58881 Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED Ordinance upon application of RICHMOND 20MHz, LLC. Modification of Conditions No. J and 3 (approved by City Council on November 22. 2005) re location and the number of antenna arrays allowed on the tower at J 000 Great Neck Road ORDINANCE UPON APPLICATION OF RICHMOND 20MHZ, LLC, MODIFICATION OF CONDITIONS NO. 1 AND 3 (APPROVED BY CITY COUNCIL ON NOVEMBER 22.2005) RE LOCATION AND THE NUMBER OF ANTENNA ARRAYS ALLOWED ON THE TOWER AT 1000 GREAT NECK ROAD Ordinance upon application of RICHMOND 20MHz, LLC, Modification of Conditions No. 1 and 3 (approved by City Council on November 22. 2005) re location and the number of antenna arrays allowed on the tower at /000 Great Neck Road (GPIN: 24081377690000) DISTRICT 5 - LYNNHA VEN The following conditions shall be required' I. All conditions. with the exception of Number 1 and Number 3 attached to the Conditional Use Permit granted by the City Council on November 22, 2005, remain in effect. 2. Condition Number J of the November 22.2005. Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed substantially in adherence to the site plans entitled "nTelos. NR-5434 Colonial Oaks 1000 North Great Neck Road Virginia Beach. VA 23454, Sheets T-I. N-I. N-2. N-3. C-/, C-2. C-2A, C-3. C-4. C-5"preparedbyALLPRO Consulting Group. Inc. and dated Revision 2 12/0//08 Zoning. This site plan has been exhibited to City Council and is on file with the Department of Planning 3, Condition Number 3 of the November 22,2005. Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed to accommodate equipment for three (3) additional wireless providers as depicted on the submi/ted site plans May 26. 2009 II CRICKET COMMUNICATIONS Mop ";!~f l-~c"]e Cricket Communications Inc ~ ~ -, ,\\ ~....ti~~.'-'~~. ,,~""" ~ ~ ~ ~ -: ~~ ~ \ ~ ~ ~t ~~ '\' ' ~5 ~ ~ \'" \ ~ ,\.~ ~.. ~~ v. J. ~~~~ l\1I~~ ~ 7,~ \,\ ~~~i k~~;~ ~~~~~~ ~~ ~ ~~ ~ '\~ ""'AI ~ ~ \ f.D.....;I~\I\\R ~~ ~~ \ ~ 1O~ 0, --- ~I\~ >- ~~)d ~ ~~ - ~n ;\i ~. ~\a ~; ~Qft ~~~ ~~.3\ . ~ :t~ -' ~ ~ ~~~ '"' ~ [o~ ~ ,.. 'O~~ .... 'L ~ l;:rdQ)r-' ~ .I\,~~ tl ~ ,...6 ~'"a,r/.2)~ S?2 '-~~~'~.w;;:=~-== "ClQ>c>,\'",~ ~~ ~~jO~. .. ...'ru ~~ ~J ~ .., ,., ~ 8r -,~ rJ W ~,oj:: IItj e~'2 ".,- ~r \:9"'-, . . (;::;: ....1 ~\ 'l:)/~ ~~ .~n';. . t:::J .. . l;i) '. ~~I~~\~or~ 'UI~ .......1 I!a / \\'~ . ~ t.!Ii::i5 .1roo1I Modification of Conditions Relevant Information: · Lynnhaven District · Modification of Conditional Use Permit to allow an additional antenna on the existing tower on the site. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda I I I III I .:d€:"'~ "Vl"'~.'" ~'l ""~"{i' f? . . \~' (E;J ' - ..., ~':'\'!!'!""' if: (~~:::::6~!j \.~~~~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRICKET COMMUNICATIONS, INC. Modification of Conditions, previously approved on May 26,2009 and November 22,2005,1000 North Great Neck Road. L YNNHAVEN DISTRICT MEETING DATE: September 8,2009 . Background: The applicant is requesting a modification to the Conditional Use Permit permitting a 130-foot tall stealth communication tower and associated ground- level maintenance cabinets. The request was initially approved by City Council on November 22, 2005, and was then granted a modification on May 26, 2009. . Considerations: The applicant requests modification of Conditions 2 and 3 of the Modification of the Conditional Use Permit approved May 26, 2009. Condition 2 requires a specific type of tower and antenna arrangement based on submitted plans. The currently approved tower has four (4) locations for antenna arrays. The applicant desires to add another antenna location at 86 feet in height for an additional wireless communication provider. This necessitates modification of Condition 2. Condition 3 indicates that the tower must be constructed to accommodate equipment for three (3) additional wireless providers to the original Conditional Use permit. The applicant requests revision of that condition to accommodate equipment for the additional wireless provider to be located on the tower. The subject communications antennas, equipment cabinets, and the location thereof complies with local zoning requirements stated in Section 232 of the City Zoning Ordinance, and all relevant regulations of the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Staff concludes that the proposed additional wireless provider on the tower is consistent with the standards provided in the City Zoning Ordinance for wireless communication towers. The proposed flush-mounted antennas will not be intrusive to the visual aesthetics of the community and represent the best alternative for the service needs in this area. There was no opposition to this request. i I CRICKET COMMUNICATIONS, INC. Page 2 of 2 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council, with the following conditions: 1. All Conditions with the exception of Number 1 and Number 3 attached to the Conditional Use Permit granted by the City Council on November 22, 2005 remain in effect. 2. Condition Number 2 of the May 26, 2009 Modification of the Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed substantially in adherence to the site plans entitled "TOWERCO VA2002/ Christian Life Center" ORF-112-A, Sheets T-1, GN-1, GN-2, GN-3, GN-4, A-1, A-2, A-3, A-4, A-5 prepared by SSOE, Inc and dated 3/22/05. This site plan has been exhibited to City Council and is on file with the Department of Planning. 3. Condition Number 3 of the May 26, 2009 Modification of the Conditional Use Permit is deleted and replaced with the following: The tower shall accommodate equipment for a total of three (3) additional wireless providers at the height of 86'- 0" as depicted on the submitted site plans which have been exhibited to City Council and are on file with the Department of Planning. 4. Provide plots that depict one mile border around existing Virginia Beach Public Safety towers and a plot that depicts whether or not the proposed site resides within the 200 foot buffer for a Virginia Beach microwave path prior to site plan approval. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentA V City Manag'tf k , as~ ~ I I Modification of Conditions III I 3 August 12, 2009 Public Hearing APPLICANT: CRICKET COMMUNICATIONS, INC. PROPERTY OWNER: 1000 N. GREAT NECK ROAD, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for a communications tower approved by the City Council on November 22,2005 and as modified May 26,2009. ADDRESS / DESCRIPTION: 1000 N. Great Neck Road. GPIN: 24081377690000 ELECTION DISTRICT: L YNNHA VEN SITE SIZE: 21.51 acres AICUZ: Communications tower is located in 65 - 70 dB DNL SUMMARY OF REQUEST The applicant is requesting a modification to the Conditional Use Permit permitting a 130-foot tall stealth communication tower and associated ground-level maintenance cabinets. The request was initially approved by City Council on November 22. 2005, and was then granted a modification on May 26, 2009, The original Conditional Use Permit had eight conditions, as follows: 1. The tower shall be constructed substantially in adherence to the site plans entitled "Sprint, Virginia Beach Christian Life Center", prepared by Fullerton Engineering Consultants, Inc., and dated 3/22/05. This site plan has been exhibited to city council and is on file with the Department of Planning. CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page 1 2. The tower shall be limited in height to one hundred thirty (130) feet. 3. The tower shall be constructed to accommodate equipment for two (2) additional wireless providers as depicted on the submitted site plans. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any city of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facility arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. The applicant shall submit a tree protection plan for review and approval before any disturbance of the site. 7. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas and their supporting tower and related equipment. 8. All conditions of the conditional use permit approved for Virginia Beach Christian life Center, GN- 1, dated 10/14/03, shall remain in effect. The May 26,2009 Modification of the Conditional Use Permit has three (3) conditions as follows: 1. All conditions with the exception of Number 1 and Number 3 attached to the Conditional Use Permit granted by the City Council on November 22, 2005 remain in effect [Conditions 1 and 3 above]. 2. Condition Number 1 of the November 22, 2005 Conditional Use Permit [listed above] is deleted and replaced with the following: The tower shall be constructed substantially in adherence to the site plans entitled "nTelos, NR-5434 Colonial Oaks 1000 North Great Neck Road Virginia Beach, VA 23454, Sheets T-1, N-1, N-2, N-3, C-1, C-2, C-2A, C-3, C-4, C-5" prepared by ALLPRO Consulting Group, Inc., and dated Revision 212/01/08 Zoning. This site plan has been exhibited to city council and is on file with the Department of Planning 3. Condition Number 3 of the November 22, 2005 Conditional Use Permit [listed above] is deleted and replaced with the following: The tower shall be constructed to accommodate equipment for three (3) additional wireless providers as depicted on the submitted site plans The applicant now requests modification of Conditions 2 and 3 of the Modification of the Conditional Use Permit approved May 26, 2009. Condition 2 requires a specific type of tower and antenna arrangement based on submitted plans. The currently approved tower has four (4) locations for antenna arrays. The applicant desires to add another antenna location at 86 feet in height for additional wireless communication providers. This necessitates modification of Condition 2. CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page 2 I I III I Condition 3 indicates that the tower must be constructed to accommodate equipment for three (3) additional wireless providers to the original Conditional Use permit. The applicant requests revision of that condition to accommodate equipment for the additional wireless providers to be located on the tower. LAND USE AND ZONING INFORMATION EXISTING lAND USE: Church, associated parking, and limited vegetation occupy this site SURROUNDING lAND North: . USE AND ZONING: South: . . East: . West: . . Princess Anne Memorial Park (cemetery) / R-10 Residential District Old Donation Parkway Across Old Donation Parkway, single-family dwellings / R-10 Residential District Single-family dwellings / R-10 Residential District Great Neck Road Across Great Neck Road, single-family dwellings / R-20 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious, as it is developed with a structure and a parking lot. There are no known significant natural resources or cultural features on this site. IMPACT ON CITY SERVICES The addition of one wireless provider to the existing tower will have minimal impact on City services. ComlT: The applicant is to provide plots that depict one mile border around existing Virginia Beach Public Safety towers and a plot that depicts whether or not the proposed site resides within the 200 foot buffer for a Virginia Beach microwave path prior to site plan approval. Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Evaluation: The proposed Modification to the Conditional Use Permit for an additional cellular telephone antenna on the tower is compatible with the land use planning policies of the Comprehensive Plan. CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page 3 The subject communications antennas, equipment cabinets, and the location thereof complies with local zoning requirements stated in Section 232 of the City Zoning Ordinance, and all relevant regulations of the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The applicant submitted the required structural report indicating that the existing tower's design with the proposed additional carriers meets the requirements of the International Building Code. The applicant also submitted a Nonionizing Electromagnetic Radiation Report (NIER), indicating that the emissions do not result in ground level exposure at any point outside the facility and are within compliance with all regulatory agencies and standards. In sum, staff concludes that the proposed additional wireless providers on the tower are consistent with the standards provided in the City Zoning Ordinance for wireless communication towers. The proposed flush-mounted antennas will not be intrusive to the visual aesthetics of the community and represent the best alternative for the service needs in this area. CONDITIONS 1. All Conditions with the exception of Number 1 and Number 3 attached to the Conditional Use Permit granted by the City Council on November 22, 2005 remain in effect. 2. Condition Number 2 of the May 26, 2009 Modification of the Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed substantially in adherence to the site plans entitled "TOWERCO VA2002! Christian Life Center" ORF-112-A, Sheets T-1, GN-1, GN-2, GN-3, GN-4, A-1, A-2, A-3, A-4, A-5 prepared by SSOE, Inc and dated 3/22/05. This site plan has been exhibited to City Council and is on file with the Department of Planning. 3. Condition Number 3 of the May 26, 2009 Modification of the Conditional Use Permit is deleted and replaced with the following: The tower shall accommodate equipment for a total of three (3) additional wireless providers at the height of 86'- 0" as depicted on the submitted site plans which have been exhibited to City Council and are on file with the Department of Planning. 4, Provide plots that depict one mile border around existing Virginia Beach Public Safety towers and a plot that depicts whether or not the proposed site resides within the 200 foot buffer for a Virginia Beach microwave path prior to site plan approval. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. CRICKET COMMUNICATIONS. INC. Agenda Item 3 Page 4 I I III I AERIAL OF SITE LOCATION CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page 5 . \ \~~\\ ",~"''i\~~ l\~;.~~i I . 1 I I L-. '--j J , , I , , I " , I . 1 ! 1 I ;\,\\ I ';\I\d : i% uti ,).../ _I- ./ \ji ' " ' "J --.,-~-~. '- . ; \ --"7'/ L \ 1:: .~-__. j i h '. !i ~ j:i \% 'I ~f . _. I' - .. ---------- - ;-.... ~ ' ,,- \ ?J!ii'll .c-"-- ~1rJ - "0tiJN -... ''''. "- -~ l ~ ~a ~ \ \ : " 1~ ~l.~'l\, " , 1 "-. 'i,;~~"l '- \ I Y ".-' :;:, <;1\ \'''-. / / ! !,~\..; _.--/ /,_-----\ I 1 ~!\ .."U I / \ \,! ~._~~~f>a~ I I '; ;' 1 --- I ' i ~h;l '! -'\ { \\ ~ , ~~e"~_ \ ' .--\ '-'I. ; ~~~\j!"~ . \ /:.~~% J r,i r.n \ \~ ",\ ; il \ ,;; 'II':! . --I Y- ...-' i \ .. ~ 'if;' ; !e1t;Xr-.. ~ ..--- 7 " , ., ,\ .~ ' ~.. ;" ~\' t ) ~ tt~ " 'i~ ?l:';'i, "'- I~ t. ,..' .' !:\l~!;1l \''",~''U\ ' , -" ,." ".." , --_.-~ --- --- , 'i1l" ~ II.. "lsfil'------'- U?!!!~------~ ..--- c.-- I . \ J, " " i \ \ \ ,,\ \ ~\ltld l~:\ i If, "",t,.~ ,~i ~,. I j I 'k '1 ~ ) ,/,^,"''''' ~ v -1 ~ II \ \ ;: \1 \\ / " ;1 ,I ~l 1 } ., ( '! ~ \ i \ . ~ 'I ~ " , , , - ~,_."" -'...... i / / ---.........' -- . '" '....... .,~ 'q i i \~ , .' l'~ , I- " ~ '::> I ~\ '" '5 ,l,\l "I. ~ ~ en . i 1 \.':' ~ ull~ l.~ b\~ I:; rc) ,~ ,IS ~~ , I PROPOSED S\1E p\.A-N --- CRICKE1 COMMUNICA 110NS, INC Agenda \tern ~ page I I I III I --/.. Ii .i JI~ II~ lh \.J -J ,- ~\ . , , .' ENLARGED PLAN MUNICA TIONS, INC. CRICKET COM Agenda Item 3 Page 7 ~... loIOUtlTEO ANJENMS I-~' fWSK r.tOUNTEO ANTtltNAS: TO BE f't\.INTED TO I.lA.TCH EX1SllN(1 POLE ElISIlNC $I>IlIHT 0 Utv, . 121'-6' T1P(), llQ5l1IG TOMR 130" ~ ftfto' ~ r::w ~ ~ Nlt1.OS [I ,w 1111'-4' ~ fIllOFOllD CIlICm net. M'~ ~ elor PItlPQitO cr.:m T~ i M1 tOMlll. QS\5 TO Ill: IQJ1W .f4iII)[. lBnMIl I*lll1fQ..E OOl'tlGlJO' VllIlYoI1f'/El) S1tD. $ffI/.T1i~ TlTII(.1l JIAOlIOS\1J r~t Pf<<)POSt:D ;-:. H-rN o 0T9W~R._ EL~VATION VSC/\LE: ~ - 0' 8' .16' I 1t1(\"" 1 '-0' ( 32' PROPOSED TOWER ELEVATION CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page B I I I III I ~..!r ,!~o~ Cricket Communications. Inc. ~\t~" ,~~' ~~_~~ ~'{1 /It a~\9II~ ~ ~~ )'j; ~ ~" ' ' ~" JlrlS;7\f\ \ l \. ':\ ~ '"fo.:l !.l[~;lL\. ~~ ,;:'S\~..' ~~~~. ~&lbr. ~ ~~,~~~~,s;~~~, .~ ~~I\Cj to; ~~\~}0\':) " ~~l~ 1O~... .~;: ~ no r1 ~~.~ q~~. ~ 1\ !t.."\j, '\L )~ ~~ ~ ~ !~ ... ~~~ ~)~ \. - L n ~ '~I~ . ~\ d "'\" r:;ili3f:jf ~ . i', . ~ . ~/.R ~ ~rJi;)m:- --" .\ ~~ J\') .,,, . ~~ tle \. ~lalltJ iIo . '&.J ~ ~ ~ ll.:: '\. ~ .~Ci),," ..,-J ~ ~.~. "~~"'f- ~ ~~;.., 3!~~~ . 'O~ -J.- e, gjfl CITGI" . rJ r :f 'a ;;;i1lftJ r 0' ~. e " Q ,., ~r \jl"" ~..~ ~ .i ~~ c~ II. . ~ -.7 1- "..' .07&0 . l;;J Y '. .JJ~[j l~r\c1U ... or~ ow.koil ......:J~/~/(\... ~~1Ii ~ .oJ I.-.H~!: Modification of Conditions 1 04/08/09 OS/26/09 11/22/05 10/14/03 12/05/95 07/13/93 OS/21/84 08/09/82 04/26/76 05/15/78 09/14/93 07/07/92 Modification of Conditions (Signs) Modification of Conditions (Tower) Conditional Use Permit (Communications Tower) Conditional Use Permit (Church Expansion) Conditional Use Permit (Church Expansion) Conditional Use Permit (Pre-school) Conditional Use Permit (Church Expansion) Conditional Use Permit (Church Expansion) Conditional Use Permit (Church) Conditional Use Permit (Cemetery) Subdivision variance Conditional Use Permit (Pre-school) PC Hearing Granted 1a 2 3 Granted Granted Granted ZONING HISTORY CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page 9 z o ~ ::::3 ea ~ ~ I I !--t I I ~ C ~ J:.;I;..c o ~ I I 8 I I J:.;I;..c I I ~ o ::;1 I DISCLOSURE STATEMENT I APPLICANT DISCLOSURE If the applicant is a corporation, partnership, finn, 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) Cricket Communications. Inc., a Delaware corporation. President. S, Douglas Hutcheson; ElIeG\lU>re \~ Pfesld8Rt, CAlef Op8r:HAg OfIie_F, A1biA MllcGt!Aer: S8Ai9F \41:8 PI'4K1d8At aACl General Counsel. Robert Irving. Jr.; Chairman of the Board of Directors. Dr, Mark H. Rachesky. MD D 2. List all businesses that have a parent-subsidiary' or affiliated business entitY relationship with the applicant: (Attach list if necessary) Parent Cofporatlon - Leap Wireless Corporation, Inc. o Check here if the applicant is NOT a corporation, partnership, finn, 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) S+pr~1\ G 1<'1'111 5hilTDl'I G. I<~II~ :;Jesc,llh A, MOIldI'D ~ttfhr" b, J.vrrr- I } }, / Seth E. - Mi~' l~ 2. Ust all businesses that have a parent-subsidiaryl or affiliated business entity relationship with the applicant: (Attach list if necessary) /coo N Gn~J- tJed(. ~c), lLC W~Vf CJjuRUl , o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organi2ation. , & 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 ~ If yes, what is the name of the official or employee and the nature of their interest? Modtf1ca1ion 01 Conditions Application Page '0 0111 Relllsed 713J1J7 CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page 10 I DISCLOSURE STATEMENT r 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) SSOE,. Inc.; Network Building & ConsUlting, LLC; and EBI Consulting, 1 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101, 2 "Affiliated business entity relationship' means "a relationship. other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business enlltles. 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 9 2,2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand fhat, 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, m./ abMclu~' Pa'if"- I{ Applicant's Signature 1 /"' .,-___ Print Name fJ-e.fh rAil' z. ~ /1 p Pnnt-Name Moditlcallan of Condi\loc1!l Application Poge 11 of 11 RIIVi88d 7f3J2007 III ~ I I 5 s:! ~ CI:) ~ I I F--t ~ o c: ~ ~ o ~ I I 5 I I ~ I I c:::::a o ::;j CRICKET COMMUNICATIONS, INC. Agenda Item 3 Page 11 , I ,...~ r - l~-="~,_,, ';-__"","';P::..:;od~''t_ ~-'"'!'~ .....,.-~' :\D0inONAl. OrSCLi..:.J~,I!:L;_' L:s! all !<now (;vr,rractors or hl.s,nesses 1hat have vr '1t.H prOVide ser"r;es wlli1 respect ~c the leqlJe~ted p'operty \ISi;! lf1ciu\ang but not hrt1'I(';d to tile pro'ndC>$ of at:-;hl~~Cjum! SC'V1C{:~, 'eg, ~5tate selVlcas. f:na'icialsel\llces acco;Jl~hf1g Sl?'VlCl?o.. and !i:'g;.11 :;e'VIGes' tAl. . list Ii rlCCCSS<lIV I ~'SOL. Jr.;: !"'~ :h(j'')!lK R:JII;j,fF..j D L.\:n;- It Ft LtL i11';:'1 l~.l t }t''''.:'lnq , "Prl'"",~."..llNd1.lq 1."J,:.l.tmsl1'p mt;'wm J relatlunthip thaI 8!'i.ists Vinell one, c~f'X'mtcp iJ' ti'C~:V ~lr lminedl,! ,'W!l~ shales posse~sa'H '1\or.". Ihan 5f' pcr~c:nt of l'1e Vdll);} ('>(l\"/tll of ano":-r corpoFttiun .:;,.", Stat"" anrllfH,al (,o,,~rnment Conf:ic' d Intele;;tk h::.t Va Cod., ~ 2 ?-j I ' " Affik'll('!l:! business enW)' n:!latlt.mshlp' me..tns . d rOlatinnstuJ',', ntnfH than parent '. llubs,<hary retat'Oflsh:p that ex!Sl,. when III one buSIfl€S-S entity has a cOl"troHlnQ OW'\eISf< \:: I Iflterest in the o,"cr ousllless entity t)O a controhng owner if' Qne coM,; is <llso a !;onlrDiii'lfJ 1 VWll(;( in Ill,,: ot'lel ~nhly u! Iili} '!l\2IU I::, shalelJ man;fYt:!l11t1111 Oi COllHv! /)t';!\'Jth1n the l.ll..h'I;",,~ i erules "act,'s tn"t l'\hould be LCl1,ndered in ticlerrrwl'oglre ellsten';e of an affjliatc,j b''':!W1QSS cnt I re~atlonshjp ,,;r.h:d{~ thai the sa01(.> pr;fsrlO (ll !l.ubs.taflhllly '0" salT'!:' ;Jf:YSt,r' own Of muna<t:t tIle twoentJtles trf'tC ilH' rnffil110n or rClm01rng1f'd hInds '"~ ;lS<;P'S !hi" lH/s,ness eflU es share the us€ of Ill... sanlfo offi<.."i!cs. 01 emobyees or cl"elwls~ shu,,,,, acthill!es resources or 'S olherw,sc <. close wQfkln~J ftrl<l!\,")['tinll' between the' e"l.!tIes ;",n.) ~!,,:,. WIO 11l(;;,1 \~"""fnfll@rlt Conflict of I"'Nests Act Va CM~} :2 2<H{)1 CERTiF1C,~' 1 unUctntc'H'll' ":'.;. .....:ror 1f!:C'.elpl 0' n~lillc1bo-r: lpOS:Ci:HiJ ~ :H",rt t'>-tCU-PCHH:J\K;H H;'F)f>..~C" Sd'f;:;tLli''':~) l{..':~ cuMe reari,.,q a",rc\<pr..ln5.bie!(.)' ,,)t4illlH1Q era pc,nl";;) t~i? r"'QJ'lt,!:J s!gn or lh? ;JCi"<: r,';,:;,,:;ftj ~t leas~ 3) days ~ iP' t(> Hlft f,C'Wrldf(j f).,u,c r,c""ng acrQI:l'~g Ie lhr: Ir.~lrv;tor~ ,., 1,)1~ lJQ;;~~9~ T~~ l1)'1dtJ:'S'gn~~d a .~ ..t CG ~bt~rb :.0 ,~!"I: t '.;;:'00 the sur'Jc~' pro::f{}rtv b, enpL:~yees ot t~l(,: f)ep:1rtn~:en! C~ Pianr~If1~ t>C'l tJfl f:~tHrh ;Hlf1 vti-:',A' tt"t, ~It~ for pUf:')-On~~ 0' ~ro':es.s:nrl ;)flj ':;:v:1Latl:lt:l rht~ ~p;:/iC,)tc.') .~ 'j ",~k'~ Ptlr~ Alllll,,:af'fs S~. alUM PiCPBny Cwn~' s Sig'lature (ltdiii~~ini i1:;;;'-i1~lic.a"t.:---' Prlnl N1tne '.'\:\,:l~\,at,1';", <i~J ~,ti1'l1 N)~' Ap{Hl~"f~ {)f< 1'..:I~'" 11 ,~ 1 ;,:.;.,C'''"'~ ?'J;:"O~ -: ~:-< ~ ""..""", .' j .-"".....- ----" t::;.\~' / CRICKET COMMUNICATIONS, INc. t, Agenda Iter-n 3 PaQ~i 12 ,) if ...4_ III ACTION BY UNANIMOUS WRITTEN CONSENT OF TilE BOARD OF DIRECTORS OF THE CQMP ANIES LISTED BELOW Cricket Communications, Inc. Cricket Alabama Property Compan} Cricket Arkansas Property c,mpany Cricket Colorado Property Company Cricket Georgia Property Company. Inc. Cricket Illinois Property Company Crick".. Kamas Property Company Crl~ket Michigar. Property Company Cricket Mississippi Property Company Cricket Nevada Property Company Cricket New YOlk Properl}' Company, Inc. Cricket Ohio Property Company Cricket Oregon Property Company Cricket Texas Property Company Cricket Washington Property Company Chascrcl Real Estate Holding Company, Inc. Crickel Arizona Property Company Cricket California I)ropeny Company Crickel Florida PWJ..>erty Company Cricket Idaho Property Company Cricket Jndianll Property Company Cricket Kentucky Property Company Cricket MinneSQta Property Company Cricket Nebraska Property Cuntpan)' Crickel New Mexico Property Campan) Cricket North Carolina Property Company Cricket Oklahoma Property Company Cricket Penn..~ylvania Property Company Cricket Utah Property Company Cricket Wisconsin Property Company The undersigned, constituting all of the members of the Board of Directors of each of the corporations listed above, hereby take the following actions and adopt the following resolutions; WHEREAS, the cotpOfations listed abo\'e will be executing leases in connection with the installation of cell sites, retail and administralivt' leases, and/or collocation agreements in existing and expanding markets in the United States; Wm:'REAS, on April 21. 2005, eacb of the corpOflltiolls listed above lIuthoriud Walter M. ("Mark") Work in his capacity of Regional Network Director for the Eastern Region of Cricket Communications, Inc.. and Billy J, Leonard in his capacity of Vice President of Technical Operations oi Cricket Communications, Inc., to execute cell sile leases andlor collocation agreements in the Eastern Region; and WHEREAS, on April 21, 2005, each of the corpo.rations listed above authorized Anthony G. Benyola in his capacity of Regional Network Director fnr the Western Region of Cricket Communicntinns, Inc., and Billy J. Leonard in his capacity of Vice President 0.1' Technical Operatio.ns of Cricket Communications, Jnc.. to. execute cell site leases and/or eollocation agreements in the Wc:.1cm Region; and " w CRICKET COMMUNICA T10NS..fNC. Agenda Itetn 3 Pag~ 13 . :.~ . ~ II WHEREAS, on April 28, 2006, each of the corporations listed above authorized Stefun C. Karnavas in his capacity of Vice President of PmcUfIlmcnl IUld Strategic Development cf Cricket Communications, In,., to ex.ecute cell she leases, retail and administrative leases, andtor collocation agrt:ClncnlS on behalf of aU corpotlltions listed above; IUld WHtttF..AS, each of the corporations listlld above now wishes (I) to authori7-c Philip Liddell in his capacity of Regional Network Director for the Central Region and Don Simmons in his capacity of Regional Network Director for the Western Region of Cricket Communications, lnc., to execute cell site leases, and/or eofJooationagreements on behalf of all corporations listed above, and (2) to confirm that each of its officers is autllorizoo to execute such leases and agreements; NOW"THEREF01U:, BE IT REsoLVED, that each oftbe corporations listed above authori7..es Walter M. ("MarIe") Worlt, Anthony Q, Benyols, Billy J Leonard, Slefan C. Kamans, Philip Liddell and Don Simmons, and each of its officers to execute any and aU cel) sile leases andJor collocation agreemetts on its behalf in the applicable regions described above with respect to such person, and Stefan C. Kamavas and each of its officers to execute any and all cell site leases. retail and administrative leases, IUldlor collocation agreements on its behalf. Dated: May~, 2007 s:JiS/v7 u'J._dd 4';;/ . _.___ S~ // ~... .. !C~/I'7 JI~j ",::--. 0- o i" v By;--U,_~'::'.------':'.._ ~... Albin F. Moschncr ';I <;/IJ 7 By: ,/; " ., c.~' V ' j / ,:;:11 >vlti 1.... ',,", Gleim T. Umetsu 1 . ~'LCI:~(. )/It./D 7' B): /} u/~y Amin I. Khalifa 5: II; /';;7 13y; 2 DISCLOSURE STATEMENT CRICKET COMMUNICA TIONS,INC. Agendalteln3 PaQ~~14 "t,_ j,< .f I I III I Item #3 Cricket Communications, Inc. Modification of Conditions 1000 N. Great Neck Road District 5 Lynnhaven August 12, 2009 CONSENT Joseph Strange: The next matter is agenda item 3. It's an application of Cricket Communications, Inc. for a Modification of Conditions approved by City Council on November 22,2005 on property located at 1000 N. Great Neck Road, District 5, Lynnhaven, with four conditions. Clare Novak: Good afternoon. My name is Clare Novak, and I work for Network Building and Consulting as a consultant for Cricket Communications. We are in agreement with the conditions recommended by staff. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Kathy Katsias to review this item. Kathy Katsias: Good afternoon. This is a Modification of a Conditional Use Permit that was brought before City Council on November 22,2005, and granted modifications in May 2009. The applicant is requesting a Modification of Conditions 2 and 3, to add an additional wireless communication provider. Staff didn't have any issues, so we concur with staff. Therefore, we put it on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chairman, I make a motion to approve agenda item 3. Janice Anderson: A motion by Joe Strange and a second by Gene Crabtree. 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 placed item 3 for consent II USA NATIONAL KARATEDO FEDERATION Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. I I I III I ~~. ,{~... ..~+, flr.' .~.. ....~, (f ,> ~'i.) (u .. s, r".~' lit ~~..--.....:/... ..~. ~,~Y' ......:;:.....~-4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: USA NATIONAL KARATEDO FEDERATION OF VA., INC., Conditional Use Permit, indoor commercial recreation facility (martial arts school), 600 N. Witchduck Road, Suite 103. BA YSIDE DISTRICT. MEETING DATE: September 8,2009 . Background: The applicant requests a Conditional Use Permit to allow a martial arts school to operate within this existing building. The school is relocating due to demolition of their existing facility on Independence Boulevard. . Considerations: Classes are primarily in the evening, beginning at 4:00 p.m., and usually end by 8:30 p.m. A nonprofit arm of the organization operates day classes for disadvantaged adults and children. Classes accept up to 20 people. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council, with the following condition: The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official's Office. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary II USA NATIONAL KARATE-DO FEDERATION OF VIRGINIA, INC. Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ CityManager~\ l,Q3Qr1..1 \ I I REQUEST: Conditional Use Permit (indoor recreational facility) ADDRESS I DESCRIPTION: 600 North Witchduck Road GPIN: 14770985290000 ELECTION DISTRICT: BA YSIDE SITE SIZE: 2.4 acres III I 7 August 12, 2009 Public Hearing APPLICANT: USA NATIONAL KARATE-DO FEDERATION OF VIRGINIA, INC. PROPERTY OWNER: DRBX2-600 NORTH WITCHDUCK, LLC STAFF PLANNER: Carolyn AK Smith AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a martial arts school to operate within this existing building. The school is relocating due to demolition of their existing facility on Independence Boulevard. Classes are primarily in the evening, beginning at 4:00 p.m" and usually end by 8:30 p.m. A nonprofit arm of the organization operates day classes for disadvantaged adults and children. Classes accept up to 20 people. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retail and office uses SURROUNDING LAND North: . North Witchduck Road USA NATIONAL Agenda Item 7 Page 1 II USE AND ZONING: South: East: West: · Cemetery / R-7.5 Residential District · Office / 0-2 Office District · Single-family dwellings / R-7.5 Residential District · Mixed retail, office / B-2 Community Business District · Kellam Road · Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The property is within the Chesapeake Bay watershed. As the site is almost entirely impervious, no significant environmental or cultural features are present. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Witchduck Road, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The MTP proposes a divided facility with bikeway within a 100 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level Of Service D. A CIP project is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. The subject property is currently on the outskirts of the study area. TRAFFIC: Present Generated Traffic Street Name Volume Present Capacity North Witchduck 19,574 ADT 1 14,800 ADT T (Level of Existing Land Use 2 - 139 Road Service "C") - 27,400 ADT ADT 1 (Level of Service Proposed Land Use 3 - 118 "E") ADT Average Daily Trips 2 as defined by average 2,350 s.f, unit of retail 3 as defined bv 2,350 s.f, of martial arts dasses WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval. Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. The Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. Development adjacent to stable neighborhoods should generally try to reinforce rather than change the positive character of neighborhoods. The Plan states that: "Limited commercial or institutional activities providing desired USA NATIONAL Agenda Item 7 Page 2 I I III I goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non- proliferation of such activities," In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. Approval with the following condition is recommended. CONDITION The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official's Office. 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. USA NATIONAL Agenda Item 7 Page 3 AERIAL OF SITE LOCATION USA NATIONAL Agenda Item 7 Page 4 5 .. e ~ ri \ ! I" i ; :i ~ l .ij , 'lll~ i~~~l liq . !ih 1 ~~ oIl. ~i I, 11 ':l'e~' .~ h i~ i'l3 n..~ .1I. tl> e ; ~ >~s ~ ~i lltH ~llie~, ~ 1- lti, 1 . > iill\i U l~\'lit- ti'~ ti01 . !1 l' i&.,.~a~ ~ I! '~ii I ir'!~! ! ~im i ~ l;t Wbt !hi: i~ ' ~.i I ~i! I '1 I~' ~ .~ i(I' I lh~ll\ .l ;rn 1 ~ 1 .. .Sl .it L. ~ i ~ \ a t - ~ I Ii PI , 1i.l1~1 ~i , hUlhHhl '\ \ i\...\;.et i 'Ill II >l " \1 , i ! . . ti~ , l ie ..:; ~ , . ~ al .1 ~ 't t ~J . Ii ilt! .ON 'ro~d ~o(lA) . (60~-t'l"'{)~~ ~HDlll ,06) IIAA (X"II< .:~aHaJ.IIY' a'c/Otl )I...." . PROPOSED SITE PLAN USA NATIONAL Agenda Item 7 Page 5 ,I ~' Ii I! I I: 'I I, Ii , j r = I' , i I I J' .... I ~ I' . ~~ 'J I ~~ _~ <CD / 3= -1 ' i111 Ii II ~ '..JI, l<.! " (i, I ~ i r5 ~ ~ ,~ i W l- e::( 0:: <( ~ ~ L.[) I ,n o ~ <( ~ W < en ~ < i<( > '~-I ~ I i-q I:, , i I I I I, II ,\ . I '..---=::-:=: '~II i i. , 'I ['i ,1 il--- i, I I I _L~L I i I: :1 I !I it l~-I_..,.l" [' .-- ~ co z w :::!: o :;: " II I I. II If II j",J f' -l~ !I I' IJ II il i'i II ,k -' I i. I IT j i -- I ,I I. 11 -t-- i [11 'I II - _. I r--- ..-- ! L -_----, !J II I I " Ii ==-l. If I / UNIT LAYOUT USA NATIONAL Agenda Item 7 Page 6 I I I III I -- ~- .-. PHOTGRAPH OF UNIT USA NATIONAL Agenda Item 7 Page 7 II 09/09/08 07/01/03 Granted Granted ZONING HISTORY USA NATIONAL Agenda Item 7 Page 8 I 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: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entitf relationship with the applicant: (Attach list if necessary) l\J(J,...jf., 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 properly 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) "D~ XL - bL"lU N. vJ I Tltt b;JL~ 1 U <.. '1>Jl:v'b ~,,~D~\\~ ) ':t> tA-Ai~ ~ _ -aow~~l 2, List all businesses that have a parent-subsidiary 1 or affiliated business entitf relationship with the applicant: (Attach list if necessary) f!O/,jL o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, , & 2 See next page for footnotes Does an official.or employee of ~hT 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 Permil ApplicatiOn Page 9 of 10 ReVIsed 7/312007 III I z o I . ~ U I . ~ ~ ~ E--4 ~ ~ O. ~ ~ ;:::J ~ o I I E--4 I I c:::l Z o u DISCLOSURE STATEMENT USA NATIONAL Agenda Item 7 Page 9 i I z o I I ~ U I I ~ ~ ea f--4 ~ ~ ~ ~ CI';j ~ ~ o I I f--4 I I c:=l Z 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) ~-l J t:).? 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va, Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be 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. 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 hea . g, I am responsible for obtaining and posting the required sign on the subject property at least 30 ay Prior~o th scheduled public hearing according to the instructions in this package. The unde' also n ts t en upon the subject property by employees of the Department of Plan n t Pho~tr an~e site for purposes of processing and evaluating this application I / /) // , f) ". ",./' ~- t:-....,.IJlV., t.D It> '~ ) (VI, (\ ~ nt's Signature Print Name -~\6 ~_ CSvL-J~ , 1oA..., Print Name Cond.liOl1al Use Permit ApplicatIOn Page 10 of 10 Revised 7/312007 DISCLOSURE STATEMENT USA NATIONAL Agenda Item 7 Page 10 I I III I Item #7 USA National Karatedo Federation of V A, Inc. Conditional Use Permit 600 N. Witchduck Road District 4 Bayside August 12,2009 CONSENT Joseph Strange: The next matter is agenda item 7. An application of USA National Karatedo Federation of Virginia, Inc. for a Conditional Use Permit for an indoor commercial recreation facility on property located at 600 N. Witchduck Road, District 4, Bayside, with one condition. Is there a representative on this application? Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked David Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant requests a Conditional Use Permit to allow a martial arts school to operate within this existing building. The school is relocating due to demolition of their existing facility on Independence Boulevard. The proposal conforms to the Comprehensive Plan's recommendations for this area. The Commission is unaware of any opposition to the application. Staff recommends approval, and the Commission concurs by consent. Thank you. Joseph Strange: Thank you David. Madame Chairman, I make a motion to approve agenda item 7. Janice Anderson: A motion by Joe Strange and a second by Gene Crabtree. 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 placed item 7 for consent. II THEREBKEECOMPANY Conditional Zoning Change from R-20 /0-'1, Conditional 0-1 to B-2 Relevant Information: · Princess Anne District · The applicant proposes to rezone two existing parcels, zoned Conditional 0-1 Office and R-20 Residential Districts, to Conditional B-2 Community Business for the purpose of developing the site with a 12,000 square foot, one-story office and retail building. · Also occupying the site are a vehicular access for the subject site as well as the adjacent parcels to the north and east, a drive aisle, and a small portion (2,400 square feet) of a proposed CVS Pharmacy. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. I I I III I ~_.......~ r.~~~ ~~;., ra: ....t;.l, f,c '*'*' ':c\~' (5 ; ~ \~> \:.~ h1 .:...~. .;::::;::~f/ ~\..~. ~,. ..."'~,,J ..........~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE REBKEE COMPANY, Chanae of Zonina District Classification, 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District, 2236 and 2240 General Booth Boulevard. PRINCESS ANNE DISTRICT MEETING DATE: September 8,2009 . Background: The applicant proposes to rezone two existing parcels, zoned Conditional 0-1 Office and R-20 Residential Districts, to Conditional B-2 Community Business for the purpose of developing the site with a 12,000 square foot, one-story office and retail building. Also occupying the site are a vehicular access for the subject site as well as the adjacent parcels to the north and east, a drive aisle, and a small portion (2,400 square feet) of a proposed CVS Pharmacy. . Considerations: The submitted site plan depicts a single-story office and retail building situated 140 feet from General Booth Boulevard, 120 feet from the eastern property line, and 40 feet from the southern property line. A 50-foot landscaped area with a berm, evergreen and deciduous trees, and shrubs is depicted along General Booth Boulevard. A 15-foot landscape buffer is depicted along the southern property line, adjacent to an existing daycare facility. Proposed sidewalks from General Booth Boulevard and within the site will connect the subject site with the mixed use development to the north and east, which is currently being constructed. The applicant has proffered that the proposed building will be architecturally compatible with the building elevations proffered with the Change of Zoning for the adjacent site to the north and east. The applicant diligently worked with staff to insure the sites have a single entrance from General Booth Boulevard and are well-connected to the developing sites to the north and east of the properties. Sidewalks are provided throughout the sites, connecting to the adjacent retail and multi-family development. Landscaped areas and enhanced stormwater management facilities throughout all of the developments provide seating and walking amenities. Berming and landscaping along the street frontage meets design guideline criteria, adding a quality visual amenity to the site. The proposed j I THE REBKEE COMPANY Page 2 of 2 buildings will be compatible with the developing mixed-use project adjacent to the site. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council, as proffered. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~':.k ~ I I "I I 6 August 12, 2009 Public Hearing APPLICANT: THE REBKEE COMPANY PROPERTY OWNER: JONES REAL ESTATE INVESTMENT COMPANY, LLC STAFF PLANNER: Faith Christie REQUEST: Conditional Chanoe of Zonino (Conditional 0-1 Office and R-20 Residential to Conditional B-2 Community Business) ADDRESS I DESCRIPTION: 2236 and 2240 General Booth Boulevard GPIN: 24140677150000; 24140676840000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 1.921 Acres AICUZ: 65-70 dB DNL (Sub-Area 2) SUMMARY OF REQUEST The applicant proposes to rezone two existing parcels, zoned Conditional 0-1 Office and R-20 Residential Districts, to Conditional B-2 Community Business for the purpose of developing the site with a 12,000 square foot, one-story office and retail building. Also occupying the site are a vehicular access for the subject site as well as the adjacent parcels to the north and east, a drive aisle, and a small portion (2,400 square feet) of a proposed CVS Pharmacy. The submitted site plan depicts a single-story office and retail building situated 140 feet from General Booth Boulevard, 120 feet from the eastern property line, and 40 feet from the southern property line. A 50-foot landscaped area with a berm, evergreen and deciduous trees, and shrubs is depicted along General Booth Boulevard. A 15-foot landscape buffer is depicted along the southern property line, adjacent to an existing daycare facility. Proposed sidewalks from General Booth Boulevard and within the THE REBKEE COMPANY Agenda Item 6 Page 1 i I site will connect the subject site with the mixed use development to the north and east, which is currently being constructed. The applicant has proffered that the proposed building will be architecturally compatible with the building elevations proffered with the Change of Zoning for the adjacent site to the north and east. Those elevations are entitled "Atlantic Gardens Center Proposed Retail Center" and "Atlantic Gardens Center Revised Design", and are recorded in the Clerk's Office as Instrument Number 20080125000092840. Staff has included those elevations in this report. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A dental office and single-family dwelling occupy the sites. SURROUNDING LAND USE AND ZONING: North: · Proposed Retail and Multi-family development, Red Mill Landing / Conditional B-4 Mixed Use · Daycare facility / Conditional 0-1 Office . Proposed Retail and Multi-family development. Red Mill Landing / Conditional B-4 Mixed Use . General Booth Boulevard South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the east side of General Booth Boulevard south of its intersection with Nimmo Parkway. General Booth Boulevard in front of the subject site is a four-lane minor urban arterial, and this segment is shown on the Master Transportation Plan Map as a divided, access-controlled, 165-foot wide right-of-way with bikeway and scenic buffer. This roadway segment is included in the City's 2008 Congested Roadways list, meaning the current traffic volume exceeds the capacity ot the roadway. Nimmo Parkway, north ot the subject site, is a four-lane major urban arterial, and is shown on the Master Transportation Plan as a four- to six-lane parkway with a variable-width (110 to 165 feet) right-ot-way. In the vicinity ot this application, a Capital Improvement Program project project to complete improvements on Nimmo Parkway between General Booth Boulevard and Holland Road is currently in the design phase, and construction has been estimated to begin in 2011. · The exact use of the proposed 12,000 square feet of office and retail space proposed on Parcels "B" and "C" has not been determined; thus, trip generation for this space has been based on the maximum allowable usage under B-2 zoning for the acreage available. · The previously submitted Traffic Impact Study (TIS) assumed a proposed usage of Parcel "A" as a 6500-SF sit-down restaurant, which would generate 827 daily trips (122 in the PM peak hour). The THE REBKEE COMPANY Agenda Item 6 Page 2 I , III I new proposed usage as a 13,225-SF pharmacy with drive-through window generates 1,164 daily trips (137 in the PM peak hour, which is a less intense use (per square foot) than a restaurant. The new number of PM peak hour trips generated does not require an updated TIS, . The single, right-in/right-out shared-use entrance as shown on the proposed site layout will be the only entrance allowed for access to these parcels from General Booth Boulevard. . The limited space between the driveway to the south of the project site and the site entrance requires a reduced right-turn lane transition. While not ideal, Traffic Engineering does not foresee any major traffic issues caused by this design TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume General Booth 41,900 ADT 22,800 ADT ~ Existing Land Use .t. - 89 Boulevard ADT (11 Peak Hour) Proposed Land Use 3 - Nimmo Parkway 12,300 ADT 1 27,300 ADT 1,057 ADT (106 PM Peak Hour) , Average Daily Trips 2 as defined by a 2,190 square foot dental office and one single-family dwelling 3 as defined bv 1.92 acres of B-2 Community Business zoning WATER: This site must connect to City water. There are 12-inch and 16-inch City water mains in Nimmo Parkway in front of the site, and a 16-inch Ccity water main in General Booth Boulevard in front of the site. SEWER: There is a 42-inch Hampton Roads Sanitary District force main in Nimmo Parkway and a six-inch City force main in General Booth Parkway fronting the site. The six-inch City force main in General Booth Boulevard is at capacity. Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. Site 4.2 Nimmo Parkway I General Booth Intersection Area, Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: In the decade of the 1990s, staff and property owners in this portion of the General Booth Boulevard Corridor recognized the emerging mix of uses and services required by the residents of the area. Cognizant of that, staff took care with rezoning requests to implement moderate uses of the properties along this section of roadway. Both of these sites were rezoned in the 1990s to Conditional Office district THE REBKEE COMPANY Agenda Item 6 Page 3 i I with proffers limiting the uses to business, medical, and dental offices, and clinics and laboratories. Access to the properties was limited as well, maintaining the residential nature of the area at the time. Later changes in zoning in the area have changed the nature of the corridor. Properties to the north, east and south of the sites are developing with a mixed use of retail and multi-family; properties to the west of the site, across General Booth Boulevard, are developed with a mixed use of offices and multi-family. The site to the south has been developed as a child care education center. Staff concludes, therefore, that this request to rezone the subject site to Conditional B-2 Business for the purpose of developing the sites with an office I retail building and a portion of a retail drug store is consistent with the emerging mix of uses in the immediate area, providing additional services to the already developed neighborhoods in the area and those citizens living in the southern portion of the City, The applicant has diligently worked with staff to insure the design of the sites have a single entrance from General Booth Boulevard and are well-connected to the developing sites to the north and east of the properties. Sidewalks are provided throughout the sites, connecting to the adjacent retail and multi-family development. Landscaped areas and enhanced stormwater management facilities throughout all of the developments provide seating and walking amenities. Berming and landscaping along the street frontage meets design guideline criteria, adding a quality visual amenity to the site. The proposed buildings will be compatible with the developing mixed-use project adjacent to the site. Staff recommends approval of the request subject to proffers listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(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: The development of the Property shall be in substantial conformance with the Site Plan titled "Jones Real Estate Investment Site Plan", dated April 22, 2009, prepared by Kimley-Horn & Associates, which plan has been exhibited to the City Council and is on file with the Planning Department of the City of Virginia Beach (the "Site Plan"). PROFFER 2: The buildings constructed on the Property shall be constructed so as to be architecturally compatible with the building elevations titled "Atlantic Gardens Center Proposed Retail Center" and "Atlantic Gardens Center Revised Design" dated May 10, 2007 between AGC Acquisition, LLC and Booth Ferrell Associates and the City of Virginia Beach and recorded in the Clerk's Office as Instrument No. 20080125000092840. which elevations has been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Building Elevations"). The final Building Elevations shall be approved administratively by the City of Virginia Beach Planning Director. PROFFER 3: The property shall be used for the following principal uses and their accessory uses and structures: THE REBKEE COMPANY Agenda Item 6 Page 4 I I IIII a. Business offices; b. Medical and dental offices and clinics and laboratory, legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; c. Retail drug store; d. All retail and other commercial and accessory uses and all ancillary uses as permitted (subject to such applicable rules regarding special exceptions or special use permits as may be applicable to a particular use) within the B-2 zoning district, but excluding business or vocational schools, boat and motor vehicle sales or service, childcare centers, commercial parking lots or parking structures, drive-thru eating or drinking establishments, grocery stores, convenience stores, and storage garages. PROFFER 4: Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement (the "Easement Agreement"), dated December 16, 1991, and recorded in the Clerk's Office in Deed Book 3055, at Page 2018, except that, notwithstanding the terms of the Easement Agreement, so long as any portion of the Property is used for residential purposes, access to General Booth Boulevard from said portion of the Property used for residential purposes shall be allowed at the curb cut existing on the date hereof. PROFFER 5: These proffers supersede all previously recorded proffers affecting the Property or the use thereof as follows: a. Conditions and restrictions as set forth in Agreement with the City of Virginia Beach, Virginia, dated August 30,1991, recorded February 7,1992, in Deed Book 3055, page 2027; and b. Conditions and restrictions as set forth in Agreement with the City of Virginia Beach, Virginia, dated April 10, 1995, recorded August 10,1995, in Deed Book 3526, page 984. Notwithstanding the effect of such proffers being superseded, all terms and conditions as set forth in the Easement Agreement shall remain in effect. STAFF COMMENTS: The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. Proffer 2 insures the building will be compatible with the developing retail center to the north of the site. Proffer 3 insures the uses on the site will be compatible with the surrounding uses. The City Attorney's Office has reviewed the proffer agreement dated July 1, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. 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. THE REBKEE COMPANY Agenda Item 6 Page 5 II AERIAL OF SITE LOCATION THE REBKEE COMPANY Agenda Item 6 Page 6 III I .. -::; ~ -:::'::1 \1'1~~U .J\'J.Vltt.t"lIn\~ 1:=j~~I~;/ ~f~Jl..~1 ! , all ..."''''''''" JU! n-""'lIIfl1 :J-.aNOUlf ALlUdOUd I ~____~~~~ ~!!~L._ I "" Id '.!.lIS ill] I\J S'.i.\SI JJ.VL~I 'I\':m q:lo,JOr H~ ; .~; ~' i ;.;. ~~ , I; j t; -~~........ l h ~~ i:~ ~ * ~.~ * \~ 't , :.>____,A:_.,:-~ ."~... IF , 'I i ! -....... ~ .> ~"" ,- ':.>~ fE'. , -'- --~ I If '.: --.. ""- --~-'~""'~.......... - ~ j j j ~ I f , t '~:, ~ i ,'"'< " ,. I , ,. , / V PROPOSED SITE PLAN THE REBKEE COMPANY Agenda Item 6 Page 7 II Y_--;~':,'''''''-;---;'7 '~, \ 'Io1'nu\ Ii I' 1t1\-I~illi'\--~~-_T'----~~-~--- - - --:.:-:---___~_-_:__-_:=.__:.:"::___:- )-- ,.:r '--" ~ I I :)"th \ '1 , 1111: o:nl --: - . - - - - - - - --- -., SO :f"I/'"" / J/!/l I','N ..... ..... -((. '" t I I '" , '. " , + y " ' .._~--~._-- OVERALL DEVELOPMENT PLAN THE REBKEE COMPANY Agenda Item 6 Page 8 ~" , ~-~- 1~ ~ - -^ .-- ~. \ i \\ .. ~ ~ '<:\'Y \. 0 -~ ). ~, \;\ Off ERE I .~ BU\LO\N;6: l200&) G Of PL\CA OER\N GC p..P REN 'fJ\1"" ~ ~ \ ~ . '\I ~~'.., W\P AN' \(EE cO a \tefT' 1HE REa p..gend page II ) Conditional Zoning Change from R-20 / O-'l, Conditional 0-7 to B-2 1, 8/8/95 1/28/92 Rezoning (R-20 Residential to Conditional 0- 1 Office) Rezoning (R-20 Residential to Conditional 0- 1 Office Rezoning (AG-2 Agricultural to 8-4 Mixed Use) Rezoning (R-3 Residential I to AG-2 Agricultural) and a Conditional Use Permit Retail Sales Rezoning (Conditional 0-1 Office to Conditional 0-1 Office) Rezoning (R-20 Residential to Conditional 0- 1 Office Conditional Use Permit Church Addition Rezoning (AG-1 and AG-2 Agricultural and R-20 Residential to Conditional 0-1 Office) and Rezoning (AG-1 and AG-2 Agricultural and R-20 Residential to Conditional A-18 Apartment Approved Approved 2. 1 /22/08 Approved 8/18/86 Approved 3. 11/22/05 Approved 11/23/93 Approved 4, 5, 6/25/90 5/25/99 A roved Approved ZONING HISTORY THE REBKEE COMPANY Agenda Item 6 Page 10 I I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated or anization, complete the following: list the applicant name followed by the names of all officers, members. trustees, partners, etc, below: (Attach list if necessary) The Rebkee Company (15871 City View Drive, Midlothian, VA 23113) - Kevin T. McFadden, Robert Hargett, Dan Hargett 2. list all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) None D 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 I ur}itlcorporated organization. complete the following: ~ list the property owner name followed by the names of all officers, members. trustees, partners, etc. below: (Attach list if necessary) Jones Real Estate Investment Company, LLC, a Virginia Limited Liability Company - Dr, David L. Jones, Managing Member 2, list all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) None - there are no businesses that have a parent-subsidiary or affiliated business arrangement with the property owner, D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, , & 2 See next page for footnotes [ The property owner is a Virginia limited liability Company] Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes D No 0 If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 of 12 Revised 11/16/2006 III I z o I I !< u I I ~ ~ ~ t.::) Z I I Z o N ga ~ o I I f--4 I I ~ Z o u THE REBKEE COMPANY Agenda Item 6 Page 11 II ~ I I ~ ~ ~ <:.:) ~ z o N ga o I I f--4 I I ~ U ~ DISCLOSURE STATEMENT I ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services. and legal services: (Attach list if necessary) Edward S, Garcia, Jr.. .,! Attorney at Law, P. C. Michael F. Gelardi, Contract Administration Services , I ( , ( t'''...i. - t' J 1 -Parent-subsidiary relationship. means .a relationship that exists when one corporation d1ract1y or Indirectly owns shares po.....1ng mora than 50 percent of the voting power of another corporatlon.- See State and Local Government Conflict of Interests Act. Va. Code S 2.2-3101. 2 -Aftlllated bulln... entity relationship. means -a relationship. other than parent- subsidiary relationship, that exists when (I) one bullnus entity has a oontroHlng ownership Interest In the other bullnas entity, (II) a contro.iog owner in one entity Is also a controlling owner In the other entity, or (HI) thera Is shared management or control between the buliness entities. Factors that should be considered In detennlnlng the existence of an affiliated buslnels entity rel8tlonship Include that the same person or substantially the I8me peraon own or manage the two entitieI; there are common or commingled funds or ....ts; the business entltiel shllre the use of the same oftlces or employ..s or otherwi.. share activities. resources or peraonnel on a regular basil; or there Is otherwise a close working relationship between the entities: See State and Local Government Conftict of Interests Act, Va. Code ! 2.2-3101. CERTIFICATION: I certify that the Information contained herein is true and accurate. I unc:lel'ltMd 1hIIt, upon ...Ipt of notIftc8tIon (poatcMt) that the application haa been lCheduled for public hearing, I M\ nlSponllble for obtaining and posting the reqund sign on the subject property at least 30 day. prior to the scheduled public hearing tlCCordIng to the Instructions In tht. pack... The und-.lgned -.0 conaen~%try upon the subjed property by employ... of the o.p.rtment of Planning to photogrep y \ the site for purpo... of processing end evaluating this appllcalJon. c:::::;l ~ SA <J v l'I t.../, (H! ~ ri I 5 Print Name David L, Jones, Managing Member PrlntNMle CondIIIonII RUGlW1g ~1IIon ....12 0112 RftiMd 7I3l2OO7 THE REBKEE COMPANY Agenda Item 6 Page 12 I I IIII Item #6 The Rebkee Company Change of Zoning District Classification 2236 a& 2240 General Booth Boulevard District 7 Princess Anne August 12,2009 CONSENT Joseph Strange: The next matter is agenda item 6. An application of the Rebkee Company for a Change of Zoning District Classification from 0-1 Office District and R-20 Residential District to Conditional B-2 Community Business District on property located at 2236 and 2240 General Booth Boulevard, District 7,Princess Anne, with five proffers. Randy Royal: For the record, I'm Randy Royal, an engineer representing the Rebkee Company on this application. Of course, we agree with the proffers proposed for the project, and appreciate being on the consent agenda. Thank you. Joseph Strange: Alright. Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Al Henley to review this item. Al Henley: Thank you. The applicant proposes to rezone two existing parcels zoned Conditional 0-1 Office and R-20 Residential Districts to Conditional B-2 Community Business District for purpose 0 developing the site with a 12,000 square foot one-story office and retail building. Also, a drive aisle, and a small portion (2,400 square feet) of a proposed CVS Pharmacy. The submitted site plan depicts a single-story office and retail building situated 140 feet from General Booth Boulevard, 120 feet from the eastern property line, and 40 feet from the southern property line. A 50-foot landscaping area with a berm, evergreen and deciduous trees, and shrubs is depicted along General Booth Boulevard. A 15- foot landscaping buffer is depicted along the southern property line, adjacent to an adjacent daycare facility. Proposed sidewalks from General Booth Boulevard and within the site will connect the subject site with a mixed use development to the north and east, which is currently being constructed. The applicant has proffered that the proposed building will be architecturally compatible with the building elevations proffered with the Change of Zoning for the adjacent site to the north and east. Staff has reviewed this thoroughly and recommends approval. Therefore, the Planning the Commission has placed this application on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madame Chairman, I make a motion to approve agenda item 6. Janice Anderson: A motion by Joe Strange and a second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE II Item #6 The Rebkee Company Page 2 KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has placed item 6 on consent. I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7426 FROM: Mark D. Stile~~ B. Kay Wils07 DATE: August 26, 2009 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; The Rebkee Company The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 8, 2009. I have reviewed the subject proffer agreement, dated July 1, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen This Document Prepared by: Kaufman & Canoles AGREEMENT THIS AGREEMENT (the "Agreement") is hereby entered into as of this 1st day of July, 2009 (the "Effective Date"), by and between JONES REAL EST ATE INVESTMENT COMPANY, LLC, a Virginia limited liability company (a.k.a. Jones Real Estate Investment Company, L.L.c.) ("Owner") (index as a "Grantor"), THE REBKEE COMPANY, a Virginia corporation ("Applicant Developer") (index as a "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). WIT N E SSE T H: WHEREAS, Owner is the owner of record, and Applicant Developer is the proposed developer and the applicant for the rezoning, of certain parcels of property located in the Princess Anne district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" Said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Property is presently zoned R-20 and 0-1 and is subject to the terms of the zoning ordinance of the City of Virginia Beach; and WHEREAS, the Owner and Applicant Developer (hereinafter sometimes collectively referred to as the "Grantors") have initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification ofthe Property from R-20 and 0-1 to conditional B-2 with the covenants, restrictions and conditions of this Agreement; and Page 1 of 10 PARCEL 1 GPIN: 2414-06-7715 PARCEL 2 GPIN: 2414-06-7684 I I III I 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 the 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 generally not applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Owner has voluntarily proffered, and the Applicant Developer has agreed to, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance ("CZO"), 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, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. WHEREAS, said conditions having been proffered by the Owner, and agreed to by the Applicant Developer, and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning Page 2 of 10 ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owner, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The development of the Property shall be in substantial conformance with the Site Plan titled "Jones Real Estate Investment Site Plan", dated April 22, 2009, prepared by Kimley- Horn & Associates, which plan has been exhibited to the City Council and is on file with the Planning Department of the City of Virginia Beach (the "Site Plan"). Page 3 of 10 I I III I 2. The buildings constructed on the Property shall be constructed so as to be architecturally compatible with the building elevations titled "Atlantic Gardens Center Proposed Retail Center" and "Atlantic Gardens Center Revised Design" dated May 10, 2007, prepared by Jeff Love and Associates for AGC Acquisition, LLC for the rezoning of the adjacent property as referenced in that proffer Agreement, dated May 25,2007 between AGC Acquisition, LLC and Booth Ferrell Associates and the City of Virginia Beach and recorded in the Clerk's Office as Instrument No. 20080125000092840, which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Building Elevations"). The final Building Elevations shall be approved administratively by the City of Virginia Beach Planning Director. 3. The Property shall be used for the following principal uses and their accessory uses and structures: a. Business offices; b. Medical and dental offices and clinics and laboratory, legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; c. Retail drug store d. All retail and other commercial and accessory uses and all ancillary uses as permitted (subject to such applicable rules regarding special exceptions or special use permits as may be applicable to a particular use) within the B-2 zoning district, but excluding business or vocational schools, boat and motor vehicle sales or service, childcare centers, commercial parking lots or parking structures, drive " Page 4 of 10 thru eating or drinking establishments, grocery stores, convenience stores, and storage garages. 4. Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement (the "Easement Agreement"), dated December 16, 1991, and recorded in the Clerk's Office in Deed Book 3055, at Page 2018, except that, notwithstanding the terms of the Easement Agreement, so long as any portion of the Property is used for residential purposes, access to General Booth Boulevard from said portion of the Property used for residential purposes shall be allowed at the curb cut existing on the date hereof. 5. These proffers supersede all previously recorded proffers affecting the Property or the use thereof as follows: a. Conditions and restrictions as set forth in Agreement with City of Virginia Beach, Virginia, dated August 30, 1991, recorded February 7, 1992, in Deed Book 3055, page 2027; and b. Conditions and restrictions as set forth in Agreement with City of Virginia Beach, Virginia, dated Apri!l 0, 1995, recorded August 10, 1995, in Deed Book 3526, page 984. Notwithstanding the effect of such proffers being superseded, all the terms and conditions as set forth in the Easement Agreement shall remain in effect. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. Page 5 of 10 I I III I The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, one or more of the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office and indexed in the name of the Grantors and Grantee. [Separate Signature Page Follows] Page 6 of 10 IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties as ofthe date first written above. JONES REAL EST ATE INVESTMENT COMPANY, LLC, A Virginia limited liability company ~~:Q~~ COMMONWEALTH Qf ~GINIA CITY/COUNTY OFVf..l.. 'llCh, to-wit: . TIje fureting instrument was acknowledge before me this 't!^- day 0' ~U /, I , 2009, bxj""'21Vld L. <. nt'S , as f'f\:1 In r of Jones Real Es~tment Company, LLC, a Virginia limited liab.. ompany, on its behalf, and who is 0 personally known to me, or 0 who produced V ~ , R. LI e...- as identification. ~2J[J~~ Notary Public My commission expires: .7/3//LJf Registration No.: /9/1~.R.. HATTIE D. SNOWDEN ....." PuIIIc CornnIMwuIIt Of -...... 1t1112 C'1-rUI.. .... It. 2_ Page 7 of 10 I I III I THE REBKEE COMPANY, A Virginia corporation ~ - By: K. -tVl tJ f. h1 C.Fa d d -(.YI Its: Pvt.S I d V1J.- COMMONWEALTH Q~ VIRGINIA CITY/COUNTY OF Cibth..h>A.L , to-wit: f({, The foregoing instrument w acknowledged before me this ~ day Of~ 2009, by ('il l )f,We6..-t , as 11" ~ of The Rebkee C mp y, a Virginia corporation, on its behalf, and who is personally known to me, or 0 w 0 produced as identification. My commission expires: Jj {30. /~ Registration No.: 3!~/Vf 6231891\5 Page 8 of 10 EXHIBIT "A" Legal description Parcell (GPIN 2414-06-7715): A. All that certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot No. C, as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF CHARLES C. HICKMAN ET UX, D.B. 482, P. 21, M.B. 21, P. 70, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1"=100', SEPTEMBER 24, 1971, W. B. GALLUP, SURVEYOR," which plat is duly recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, in Map Book 88, at Page 45. [Source deed erroneously references M.B. 21, P. 70 in the title of the referenced plat instead ofM.B. 25, P. 70 as shown on plat.] Less and Except that portion of the property taken by the Commonwealth of Virginia by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 2242, page 605, and Order recorded in the aforesaid Clerk's Office in Deed Book 2319, at page 1523. B. All that certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "To be conveyed to Lot C" as shown on that certain plat entitled, "Re-Subdivision of Property of Charles C. Hickman", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146, at Page 44, which parcel contains .507 acres, more or less. [Source deed erroneously references the word "Re-Subdivision" in the title of the referenced plat instead of the word "Subdivision" as shown on the plat.] Parcel 2 (GPIN 2414-06-7684): A. All that certain lot, piece or parcel of land, with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot #B, as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF CHARLES C. HICKMAN ET UX, D.B.482, P. 21, M.B. 25, P. 70, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1"=100', SEPTEMBER 24, 1971, W. B. GALLUP, SURVEYOR," which plat is duly recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, in Map Book 88, at Page 45. Page 9 of 10 I I III I Less and Except that portion of the property taken by the Commonwealth of Virginia by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 2253, page 260, . and Order recorded in the aforesaid Clerk's Office in Deed Book 2304, at Page 2014. B. All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as "To be conveyed to Lot 'B"', in that certain plat entitled, "Subdivision of Property of Charles C. Hickman, et ux", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146, at Page 44 (erroneously stated to be page 144 in prior deed), said parcel containing .459 acres, more or less. Page 10 of 10 II II SYk'IS. ROURDON. AIImN & LM. P.c. Ruth Hodges Fraser, City Clerk Jack Whitney, Director August 4, 2009 Page 2 This shall also confirm that the only member of the public who has participated in this application, Mr. Costa the owner of Athens Pizza, has been advised that the matter will be coming back for a vote by City Council on September 8, 2009. If you have any questions or concerns or if there are any problems with having this matter placed on the September 8, 2009 City Council agenda, please do not hesitate to contact me. With best regards, I am REBjrjarhm cc: Danyl H, Roadcap, Seven Cities Electric Councilman Bob Dyer Mr. Costa, Athens Pizza ConditionalRezonejSevenCitiesElectricjFraser_Ltr8-o4-09 ~: R. Edward Bourdon, Jr. I I II11 mil' SYI([S, nOURDON, . AII[RN &lM,P.C. ~TTORNEYS AND COUNSELORS AT LAW TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 August 4, 2009 JON M. AHERN R EDWARD BOURDON. JR. JAMES T. CROMWELL L. STEVEN EMMERT KIM R. GERSHEN DAVID S. HOLLAND KIRK B. LEVY MICHAEL J, LEVY HOWARD R, SYKES. JR. PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 Via Hand Delivery and Email Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach, Virginia 23456 Jack Whitney, Director Department of Planning Building 2, Room 115 Municipal Center Virginia Beach, Virginia 23456 Attn: Stephen J. White Re: Application of Seven Cities Electric, Property Owner: Darryl H. Roadcap for Change of Zoning District Classification from R-5D Residential District to Conditional B-1 Neighborhood Community District on property located at 1945 Centerville Turnpike, GPIN #1455-81-9045, Centerville District Dear Ms. Fraser and Mr. Whitney: I am writing to request that the above referenced application be placed back on City Council's agenda for Tuesday, September 8, 2009. This application was deferred indefinitely by Council on April 14, 2009. In the interim, the applicant and adjacent property owner have engaged in numerous discussions and explored alternatives with regard to combining their properties without success. Councilman Dyer is aware of the efforts that have been made and IS In agreement to put this matter back on Council's agenda for September 8th. There will be no changes to the pending Proffered Covenants, Restrictions and Conditions which were recommended for approval by the Planning Commission. The public notification signage has remained posted on the subject property throughout the deferral and my client has amended the signage to reflect the September 8, 2009 hearing date. II ;1 . I III ~ - 55- Item V-K. 6. PLANNING ITEM # 59104 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY: Ordinance to ESTABLISH City Zoning Ordinance (CZO) regulations re: wind energy systems, including definitions, application requirements, location, other requirements and Zoning Districts where permitted Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr., John E. Uhrin. Ron A. Vi//anueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bi//" DeSteph and Harry E. Diezel August J J. 2009 III . ! - 69- Item V-L 7. PLANNING ITEM 1# 58712 Upon motion by Vice Mayor Jones, seconded by Council Lady Wi/son, City Council DEFERRED INDEFINITELY Ordinance upon Application of SEVEN CITIES ELECTRIC, INC for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF SEVEN CITIES ELECTRIC, CHANGE OF ZONING DISTRICT CLASSIFICATION FROM (R-5D RESIDENTIAL DISTRICT TO CONDITIONAL B-1 NEIGHBORHOOD COMMUNI1Y BUSINESS DISTRICT), 1945 CENTERVILLE TURNPIKE. Ordinance upon application of SEVEN CITIES ELECTRIC, for a Chan~e of Zonin~ District Classification from (R-5D Residential District to Conditional B-1 Neighborhood Community Business Dislrict), 1945 Centervi//e Turnpike DISTRICT 1- CENTERVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14. 2009 II SEVEN CITIES ELECTRIC Relevant Information: · Centerville District · The applicant 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 is impacted by future right-of-way for Centerville Turnpike. Evaluation and Recommendation: · Planning Staff recommended denial. · Planning Commission recommends approval (10-0). · There was opposition. I I I III I r -.... &~ tli7t~._\~ ,J~ J:J ~~AI" ~;fr CITY OF VIRGINIA BEACH AGENDA ITEM " ~ ITEM: SEVEN CITIES ELECTRIC, ChanGe of ZoninG District Classification (R-5D Residential District to Conditional B-1 Neighborhood Community Business District), 1945 Centervllle Turnpike. CENTERVILLE TURNPIKE MEETING DATE: September 8, 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. The City Council indefinitely deferred this item on April 14, 2009 to provide time for the applicant and the adjacent property owner to discuss the possibility of exchanging portions of their sites to provide for a better configuration for each site. Those discussions, however, did not result in a satisfactory solution for each property owner. The applicant, therefore, has requested that this application be returned to the City Council's agenda for hearing. The required public notice of the hearing has been advertised in the newspaper, a new sign with the September 8 date has been posted on the property, and the adjacent property owners have been notified by postal mail. . Considerations: The B-1 District limits business activities to uses often found on the edges of neighborhoods such as floral shops, offices, drug stores, restaurants, etc. The proffers reinforce this as the use of the site, limiting the uses to only an office building and a storage building. All other uses, either permitted by-right or with a Conditional Use Permit, are prohibited by proffer. Ingress and egress to the site is proposed via two (2) points: a right-in and a right-out on Centerville Turnpike. The revised architectural elevations for the proposed storage building show a two-story structure with exterior materials of sculptured vinyl siding, parged masonry, and architectural asphalt shingle roof, all in earth tone colors to match the existing structure on the site. As the site is currently designed, a variance will be necessary to the front yard setback for the proposed parking lot to encroach into the required 10 foot wide buffer along Centerville Turnpike. The parking lot is proposed at five (5) feet SEVEN CITIES ELECTRIC Page 2 of 2 from the right-of-way at its closest point. While the proposed storage building does meet the minimum front yard setback from Centerville Turnpike as shown, when the Master Transportation Plan's (MTP) ultimate right-of-way width of 145 feet is applied to this property, this site is severely constrained. It is anticipated that 23 feet of this site would be incorporated into right-of-way improvements recommended by the MTP. Ideally, this site should be combined with the adjacent vacant parcel for the purpose of developing a project that can meet all of the requirements of the Zoning Ordinance and the recommendations of the Comprehensive Plan; however, the applicant does not own the adjacent parcel and is unable to acquire it. The plan must be evaluated as it is, and, therefore, the proposal is deemed unacceptable. Based on that finding, Staff recommended denial of the application. There was opposition to the application. . Recommendations: The Planning Commission, by a vote of 10-0, approved the application as proffered . . Attachments: Staff Review Disclosure Statement Planning Commission Minutes location Map Recommended Action: Staff recommended denial. Planning Commission recommends approval. Submitting llepIIrtmenIIAgency: Planning ~nt A V City Manager~ '> \L.. . ~1Y'i. . Y I I III I #17 March 11, 2009 Public Hearing APPLICANT: SEVEN CITIES ELECTRIC PROPERTY OWNER: DARRYL H. ROADCAP STAFF PLANNER: Carolyn A. K. Smith REQUEST: Chanae of Zonina District Classification (R-5D Residential District to Conditional B-1 Neighborhood Community Business District) ADDRESS I DESCRIPTION: 1945 Centerville Turnpike GPIN: 14558190450000 ELECTION DISTRICT: CENTERVILLE SITE SIZE: 19,022 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST 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. The B-1 District limits business activities to uses often found on the edges of neighborhoods such as floral shops, offices. drug stores, restaurants, etc. The proffers reinforce this as the use of the site, limiting the uses to only an office building and a storage building. All other uses, either permitted by-right or with a Conditional Use Permit, are prohibited by proffer. Ingress and egress to the site is proposed via two (2) points: a right-in and a right-out on Centerville Turnpike. The revised architectural elevations for the proposed storage building show a two-story structure with exterior materials of sculptured vinyl siding, parged masonry, and architectural asphalt shingle roof, all in earth tone colors to match the existing structure on the site. Changes to the original elevation include additional windows and a faux roof at the first floor. Two (2) overhead garage doors are proposed, not facing the right-of-way, for vehicular access into the building. The windows are proposed on the fa~ade SEVEN CITIES / DARRYL ROADCAP Agenda Iten117 Page 1 II facing Centerville Turnpike in an attempt to create a residential feel and to complement the existing structure that will remain on site, The exterior of the existing dwelling will remain in its current state of brick fa.;ade with an asphalt shingle roof. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Residential dwelling SURROUNDING LAND USE AND ZONING: North: South: East: · Restaurant, fuel sales / B-2 Community Business District · Vacant / B-2 Community Business District · Centerville Turnpike, shopping center / B-2 Community Business District · Vacant, mini-warehouse / B-2 Community Business District West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Chesapeake Bay watershed. There does not appear to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Centerville Turnpike in the vicinity of this project is considered a four (4) lane divided suburban arterial that narrows to two (2) lanes in front of this site. The MTP proposes a divided roadway with a bikeway within a 145-foot right-of-way. A CIP project is slated for Centerville Turnpike in the vicinity of this site. Centerville Turnpike - Phase II (CIP 2-851) is for the construction of a four (4)-lane divided highway with bikeway and scenic buffer from Kempsville Road to the Chesapeake city limits. At this time, the CIP project is on the Requested But Not Funded Project Listing. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 18,379 ADT 28,200 ADT (Level of Existing Land Use :L - Turnpike Service "C") - 32,800 ADT 10 ADT 1 (Level of Service "E") Proposed Land Use 3 - 242 ADT Average Dally Tnps 2 as defined by a single-family dwelling 3as defined by B-1 zoning on 0,44 acre parcel Based on the configuration shown on the submitted plan, Traffic Engineering Staff has noted that, if approved, the following right-of-way improvements at a minimum will be required: installing curb and gutter, sidewalk, and storm sewers consistent with the adjacent parcels; constructing the right-out entrance so as to physically SEVEN CITIES / DARRYL ROADCAP Agenda Item 17 Page 2 III prevent left-out or left-in traffic possibly involving larger, directional radii on the entrance to guide vehicles to the right and also providing "Do Not Enter" signs on both sides of the entrance; and, re-striping the painted median on Centerville Turnpike for a left turn lane in order to accommodate left turning traffic into the site. WATER: This site is already connected to City water. There is an existing 5/8-inch meter that can be used or upgraded to accommodate the proposed development. There is a 20-inch City water main along Centerville Turnpike. SEWER: This site must connect to City sanitary sewer. City gravity sanitary sewer is not available. Private grinder pumps and force main may be an option to connect to the City's force main. There is an existing 20- inch City sanitary sewer force main along Centerville Turnpike. Recommendation: Staff recommends denial of this request. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this parcel as part of the Primary Residential Area. The overriding objective for land use policies for residential and non-residential uses in this area is to preserve and protect the overall character, economic value and aesthetic quality of the stable neighborhoods. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Evaluation: While Staff understands that the existing residential zoning on this site is now inconsistent with the surrounding development pattern and that this request to rezone the property to B-1 may be reasonable, this does not usurp the need for high quality buildings and design on the highly visible, albeit small site. As currently laid out, a variance will be necessary to the front yard setback for the proposed parking lot to encroach into the required 10 foot wide buffer along Centerville Turnpike. The parking lot is proposed at five (5) feet from the right-of-way at its closest point. While the proposed storage building does meet the minimum front yard setback from Centerville Turnpike as shown, when the Master Transportation Plan's (MTP) ultimate right-of-way width of 145 feet is applied to this property, this site is severely constrained. It is anticipated that 23 feet of this site would be incorporated into right-of-way improvements recommended by the MTP, thereby rendering the property virtually un buildable. Ideally, this site should be combined with the adjacent vacant parcel for the purpose of developing a project that can meet all of the requirements of the Zoning Ordinance and the recommendations of the Comprehensive Plan; however, the applicant does not own the adjacent parcel and is unable to acquire it. Staff must evaluate the plan as it is, and, therefore, recommends that the applicant's request for a Change of Zoning be denied. SEVEN CITIES I DARRYL ROADCAP Agenda Item 17 Page 3 II 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," (~1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Gircuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is redeveloped, it shall be redeveloped with the existing one story building to be renovated and converted to an office building with a separate equipment building substantially as shown on the exhibit entitled, "CONCEPT PLAN 1945 CENTERVILLE TURNPIKE VIRGINIA BEACH, VA FOR DARRYL ROADCAP," dated 08/28/08, prepared by Porterfield Design Center, 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 "Concept Plan"). PROFFER 2: When the "PROPOSED EQUIPMENT BLDG" depicted on the Concept Plan is developed, its exterior appearance shall be substantially similar in architectural features, details and building materials shown on the exhibit entitled, "PROPOSED EQUIPMENT BUILDING FOR DARRYL ROADCAp. VIRGINIA BEACH, VIRGINIA", prepared by Martin & Martin Architecture, Inc., 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"). PROFFER 3: The Grantor shall install foundation landscaping on all buildings depicted on the Concept Plan and parking lot landscaping in accordance with the Grantees landscaping requirements as set forth in its Comprehensive Zoning Ordinance. Streetscape landscaping shall be installed by the Grantor substantially as depicted on the Concept Plan. The Grantor shall submit a Landscape Plan for the Property which incorporates these requirements to the Director of Planning for review and approval prior to final Site Plan approval. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are unacceptable as the site is simply too small to accommodate both future City improvements and the proposed development. The City Attorney's Office has reviewed the proffer agreement dated September 30, 2008, and found it to be legally sufficient and in acceptable legal form, SEVEN CITIES / DARRYL ROADCAP Agenda Item 17 Page 4 III 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. SEVEN CITIES / DARRYL ROADCAP Agenda Item 17 Page 5 AERIAL OF SITE LOCATION - - SEVEN C\1IES I DARRYL ROADCAP Agenda item 17 Page 6 , NOW OR fORlolERl. Y PARCEL 3 '\ ATHENS Of llDEWAlER. INC, RIGHT-Of-WAY SUBOl'llSlON Of PARCEL 25 (D,B, 2297. PC, 263) AS SHO'Mf IN AND (II.B, 168, PG. 47) ... II.B, lt1l1. PG, 47 RESUBOl'llSlON Of PARCEL E, b II,B,36. P ,5. II,B,135. P .17' "t .'AAAA IIINI STORAGE" \ ~_J1 (INST. , 2004(5110072808) PIN fOUND " N 75""2- E (PLAT) ,/-1.78' (FIElD) PIN SET"""" N 75'0'23- E (FlELD , PIN fOUND _,;-;- PIN SET (IN CONC.)""'\. __-:::.: _ " 86.82, (PLAT) : I: '\f---:::: - \, 89.86 (FlELD) ,.:..1-" 1UL PUl. l""- ,\ I ; \ \ " '. ~tt. Of DITCH , \~ ;n- ..r1/" '\\ \ \ : ~~"<-O\OHL\D \ 11 :! WMES , ' " j "'-L U1IJTY POLE '\ :..W/QJY1iII[ \ '1 ; '. \ :-- STORM DRAIN PIPE . 7.1' . ! ! t : i; . ,. ,2 : ~ i ,. .. RIGHT-Of-WAY ! . : AS SHOYoN IN , . . II.B, 171. PG. 44 .It \ I : D,B. 2289. PG. 1723 ; ~tt. Of DITCH : : ~ :!i 1 " ~ \ ,:. ',":1 'I: \ .' , jJ PIN fOUND .- , " ' fIN CONC.) .. \ ; ,I; t ':':: Ii 1'" iii ~ THIS IS TO CERllfY THAT I ON .AlLYl, 2008 SURVEYED THE PROPERTY SHO'MI ON THIS PlAT AND THAT THE 111U: UNES AND THE WAllS Of THE BUILDINGS ARE SHO'MI ON THIS PLAT. THE BUILDINGS STANO STRICll Y VIITHIN THE llTlE UNES AND THERE ARE NO ENCROACHlIENTS Of OTHER BUilDINGS ON THE PROPERTY EXCEPT AS SHOM!, 7/ \ , NOW OR fORUERt. Y DARRYl H, ROADCAP (INST. , 20071220001177500) ',\ (11.8, 171. PC, 44) \ (11.8, 26. PG. 43) \ GPIN: 1455-81-9045 , .-\h ',\ lUO. \\ ..\ '.\ ~~ ;)) \\ / ..l~ '/ .. // \\ ---'-' " ~ , ~ ~!,.;. S@ . I ~ ;: ..; 1\,1, N ~:; .... ~I' r::- "ti '<lj ~: ~ lL ~ I' ...... a' 'fa It) I . ~: ~ CI1l1 .... .. ~ i PARCEL 2 SUllOl'llSlON Of P ARea 25 AND RESUBOl'llSlON Of PARCEl E 11.8.36, P.5. 101.8,135. P.17 .. AAAA UINI STORAGE"' (IIIST, , 200405110072808) PHYSICAL SURIlEY OF 1945 CENTERVlLLE TURNPIKE AS DESCRIBED IN INSTRUMENT # 20071220001677560 VIRGINIA BEACH. VIRGINIA FOR DARRYL H. ROADCAP 25' RIGHT-Of-WAY RESERVA1ION ----.l (REF: IIIST. , 200405110072808) -, 1) THIS SURVEY WAS PERfORMED WITHOUT THE BENEfiT Of A TITlE REPORT AND MAY NOT SHOW AN'Y/All EASOlENTS OR RESTRICTIONS THAT MAY AffECT SAID PROPERTY AS SHO'M'l. NOTES , 2) ROOD LAND SURVEYING, P.C. IS NOT A PARTY IN DETERMINING THE REQUlRENENTS fOR flOOD INSURANCE ON THE PROPERTY SHO'M'l HEREON. THIS SURIlEY DOES NOT IMPLY THAT THIS PROPERTY \\ILL OR VIILL NOT BE SUBJECT TO flOODING. FOR FURTHER INFORM A lION. CONTACT THE lOCAl COIIIIUNITY flOOD OffICAL IIII w ~ a.. z 0:::,...., ~~ ~ we: ..J;::: ..J- 5aj o:::~ ~ z w () PLAT OF EXISTING SITE SEVEN CITIES I DARRYL ROADCAP Agenda Item 17 Page 7 ~ ~ \ ffi ~ilj\ ~~~gl, ~~~ss. ~ ~ ~ ~ \ ~ ~ \ ffi ~ilj\ ~~~gl\ ~~~i1- ~ ~ & \~ "~ " \'9- \ .\\~ ~~~~ \\0 ~~ ~; "~~ \, \ ~i ~~o. ~ ~~ ~ "l ~ 'i ~ ~ :--..'~~ ~ {}-...) ~ ~ ~ " ~ ?~~ " . f \t a a 0. :T~:nON 0 ; REPRESEN \..",r_oF-WAY URE R\G fU" QAOCAP SEVEN onES I O"'R';.~:a \~:~ ~ ~ ". It. '" \- .., .. ,) It ... . It .... :.. j;. ~ It. .. o!. <I> ~ ,. \) ... '" It\ .( $ If ;> ... ..( ,) c. 0( Q .. \ .... lJI. Ill. ... ~'\ It <:> .. >1> A c. ~ ., lb ... ~ ,> Q '" n ... '" Q ... <'\ It ... RENOER\NG Of PROPOSEO B\J\LO\NI sEVEN CITIES I O"RR'l'L RO"OC"P Agenda \tern '\ 1 page '\( I I I III I 1 09/23/08 CUP (bingo) Granted 03/25/08 CUP (vocational school) Granted 2 02/11/03 CUP (mini warehouse) Granted 3 12/09/03 Change of Zoning (R-5D to Granted Conditional B-2) MOD of CUP Granted CUP (mini warehouse) Granted 4 05/08/07 CUP (fuel sales & car wash) Granted 5 09/28/99 MOD of Proffers Granted 6 05/09/00 Change of Zoning (R-5D to Granted Conditional B-2) ZONING HISTORY SEVEN CITIES / DARRYL ROADCAP Agenda Item 17 Page 11 . II 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) Seven Cities Electric, Inc,: Darryl H, Roadcap, President/Secretary 2, List all businesses that have a parent-subsidiary1 or affiliated business entitY 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) Darryl H, Roadcap 2, list all businesses that have a parent-subsidiary1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, 1 & 2 See next page for footnotes Conditional Rezoning Application Page 11 of12 Revised 9/112004 z o I I ~ U I I ~ ~ ~ t..:) Z I I Z o N ga ~ o I I f-c I I Q Z o u SEVEN CITIES I DARRYL ROADCAP Agenda Item 17 Page 12 z o I I ~ C) I I ~ ~ ~ t..:) Z I I Z o N ga ~ o I f f-4 I I ~ Z o u III 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 if necessary) Porterfield Design Center Rood Land Surveying Bank of Hampton Roads Sykes, Bourdon, Ahem & Levy, P,C. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101, 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va, Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for pUblic hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instru ' ns in thi ackage, S n ie I c. Darryl H. Roadcap, President Print Name Darryl H, Roadcap Print Name Conditional Rezoning Application Page 120112 Revised 9/1/2004 SEVEN CITIES I DARRYL ROADCAP Agenda Item 17 Page 13 II Item #17 Seven Cities Electric, Inc. Change of Zoning District Classification 1945 Centerville Turnpike District 1 Centerville March 11,2009 REGULAR Janice Anderson: The next one. Donald Horsley: The next item is item 17, Seven Cities Electric, Inc. An application of Seven Cities Electric, Inc. for a Change of Zoning District Classification from R-5D Residential to Conditional B-1 Business District on property located at 1945 Centerville Turnpike, District 1, Centerville. Eddie Bourdon: Good afternoon Mr. Secretary and Madame Chair. Again, for the record, Eddie Bourdon, a Virginia Beach attorney representing Seven Cities Electric, Inc. and Darryl Roadcap, who is actually the owner of Seven Cities Electric. This is a unique piece of property. It is 19,000 plus square feet located on the west side of Centerville Turnpike across from Woods Corner Shopping Center. The property is zoned R-5D and there is a residence on the property. It is through change of development pattern all around it surrounded by property that is zoned B-2 General Commercial Zoning District with shopping center, self- storage, restaurant, gas stations. You name it, all surrounding it. There is a home on it. The lady who owned it has passed away. The property was put on the market. The adjacent property had the opportunity to buy it, and for whatever reason chose not to. The applicant, Mr. Roadcap, is a small business owner in Virginia Beach who has operated a successful electrician business for 27 years in Virginia Beach. He bought the property. He bought it with the intent to renovate the home that is on the property, which he has spent considerable amount of money renovating in order to run his business office from the site. That business office employees two people, who are in the office on a daily basis and at most there might be four people including Darryl, and one of his foreman in the office at any given time as a maximum of people that would be there. The electrician business is conducted off site and by phone. Customers of electricians do not go to the electrician. The electrician goes to the client. So this is not a traffic generating type of business. We have proffered that it will only be used for this office use. The proposed zoning is B-1, which is the most limited commercial zoning that we have in our zoning ordinance. Now, the staff evaluation indicates that B-1 zoning can generate 240 trips per day. Well, that is a generic number and there is not a snow ball's chance in Haiti that this is going to happen with this use of this property the way it is proffered and what is going to take place, which is the business office for the electrician. The parking space requirement is one space for 270 square feet for office use. We have a 1,400 square foot office that is proposed in the existing house which produces the need for 5.2 parking spaces. Even though the write up indicates that we need a variance for the parking lot to encroach in the 10 foot setback for parking lots, we're about 99 percent certain that will not be necessary. Weare very confident that we will not need a variance for III Item #17 Seven Cities Electric, Inc. Page 2 the parking to encroach into the 10 foot setback from the right-of-way. Note, however, that the front property line along Centerville is 20 feet from the edge of pavement along Centerville with a ditch in between. So, there is a significant setback already present if you will. It is a physical setback not a legal one from the edge of pavement, the property line. With the parking 10 feet back from our property line, you're talking about a separation of30 feet, which is more than normally would be the case, and if there were a variance necessary we would still be further back which would normally be the case from the pavement. Again, we are fairly certain that will not be necessary. Now, since this was on the agenda a month ago, two months ago, we have gone back and done some revisions to make the storage building more attractive. But bear in mind, this is a storage building. It is not a two-story building and it is a very attractive one, more so than before. I don't know of any other ones that we've done other than some self storage facilities that are as attractive. The primary reason for that is that my client owns a couple of large trucks. A bucket truck and another utility truck that has some size on them, and are not particularly attractive. Whether they have those trucks parked out in a parking lot, we want to put them in a building. It is aesthetic. Yes, but it is one other thing. This area does have unfortunately a gang presence. Tagging of buildings and tagging of equipment is occurring with great regularity. I know that our Council people have heard about it at the Town Hall meeting. So, Darryl doesn't wish to have his equipment become a target for that either so putting it in this building, which you will note the building has a few roll up doors, so the trucks can go in and out. Those doors don't face the right-of-way. So, they are not readily visible but that is the other motive behind having this storage building on site. And, that building is not a hugely expensive building. It is a storage building to protect the assets. It's used for like 15 to 20 years if well maintained, possibly beyond that. But again, it is not a huge dollar value building. And, as it depreciates that goes down. It will have a quality appearance as you can see from what we proffered and the elevations you have. The property owner in this case deserves to have the right to a reasonable and appropriate zoning and use of this property. The comments from Traffic this morning and I want to address those just briefly. The vast majority of people obviously comply with the significant number of right in and right out only entrances and exits that we have throughout the city, and in many localities throughout this country. We can't stop progress and disallow reasonable use or inhibit a business owner, who employs nearly 30 people, has done over 10 million dollars of work in Virginia Beach over the past 27 years he has operated in Virginia Beach, the potential to use his property reasonably because of the possibility that a wayward soul or two might not follow the rule on a right-of-way use in and out. If this were a gas station or a convenience store or some other commercial shopping center, maybe there would be some weight to the argument that some people might try to cut in and out of it. But this is small business office where 98 percent of the traffic, the trips, will be employees only. They are not going to cut in and out and violate the law. It's their employer. It's the people who don't know where they are going also that sometimes will in advertently violate those right in and right outs. We can't just csimply stifle progress because ofthe fact that one or two might violate on some other case an in or out restriction. So, while I appreciate the fact that government is trying to solve all the problems, government can't solve every problem. Common sense has to prevail in some instances. Now, we do recognize clearly that this whole property will be taken some day. The problem is that some day isn't tomorrow. It is not next week. It is not next year. It II Item #17 Seven Cities Electric, Inc. Page 3 could be a couple of generations from now given the economic circumstances but certainly it won't be happening in the next 15 to 20 years in my estimation, and it could be quite a bit longer than that. But, in the meantime, this property is not condemned for not having any reasonable use or reasonable zoning. The zoning that we are proposing here when it is surrounded by B-2 Commercial all around it, and we are tightly proffering it, is I think a very reasonable use. I think staffhas recognized that in here in their write up. So, I understand the concerns. I think we've address those. We have an attractive building. We've got as well a designed site as you can have. We have approached the owner of the adjacent property. He is very cooperative with the adjacent. We suggested a swap to square this property off. I assume, and I can't speak for him, but what I've been told that his belief at some point he will wind up with the property, which I think is absolutely a true statement. I think he will wind up with it one day. But, it will be because the city or the state condemns it for Centerville Turnpike. But, that could be, as I said generations, from now. And try to take the advantage of the previous or this owner by simply saying you can't use the property that is not the American way. Not the way we operate. I'll be happy to answer any questions about the plans and the proffers you may have. Janice Anderson: Thank you Eddie. Are there any questions of Eddie at this time? Thank you. Eddie Bourdon: Thank you. Donald Horsley: We have one speaker in opposition. Kosta Anastasopoulos. Janice Anderson: Welcome sir. Please state your name for the record. Kosta Anastasopoulos: My name is Kosta Anastasopoulos. I'm the owner of Athens Pizza and Athens of Tidewater. I work behind the property Seven Cities is proposing. Janice Anderson: Could you please point out your business? There is a pointer right there at the podium. Kosta Anastasopoulos: My restaurant is right there. Janice Anderson: Thank you. Kosta Anastasopoulos: The property all belongs to me. I intend to build the property all retail stores as soon as they economy goes back and the banks start giving some money out. But, when I met the owner from Seven Cities and we tried to introduce ourselves, we never had a relationship from the beginning. Anytime I was asking something, he was giving me the answer before I finish the question. It looks like he doesn't want to cooperate with me to clean up the property over there to make my property in the back look a little visible and presentable. I was planning to do some like a nursery to generate some money to accommodate my mortgage instead of staying over there and paying just the taxes. I asked him, to as the ditch goes from here all the way down there and serves no purpose at this III Item #17 Seven Cities Electric, Inc. Page 4 moment. And was it was requested from them years ago. When they build all of these buildings, when the ditch was coming from here all the way down, they leveled the ditch to make the property more presentable. I asked Mr. Dell. That is his name. I don't know his last name. He never introduced himself And always he's got an answer for it. He says no because the water from his property runs over the ditch. The ditch does not serve any purpose right now. Even my property I've got a BMP right here. All the water drains in there. I noticed, and I never knew his plans to build a storage building over there. From the beginning, he told me he is telling me that he is going to live there. And, then his nephew is going to live there. And then he wants to convert it to an office for his business. Then, the next thing I know there were trucks coming in back there. There are backhoes coming over there. And now a two-story building that he wants to build for the garage. It will not be acceptable or appropriate for my business on the back when I develop the area because nobody wants to be in the back with a warehouse in the front. The retail area over there in Kempsville is not industrial. I like to have good relations with my neighbors. But, if we can talk and agree on something, both of us can benefit. But, this moment, I see Seven Cities is one way. Thank you for listening to me. Janice Anderson: Thank you. Do we have any questions? Go ahead. Henry Livas: How does that adversely affect your business with him building the structure back there? Kosta Anastasopoulos: I've been struggling now for 15 years. I was struggling with the traffic for so many years. When it was residential there. a lot of tall bushes in the front right here between my property (pointing to PowerPoint) and the Seven Cities properties. When Ms. Pound was living there, it was blocking all my visibility from my business to open up my restaurant. I paid for my parking back there and cut those bushes down. They have grown again. And this is a mess over there. I would like to have a little visibility. When this building goes right there, we're covering all this area from the street, and I don't know if the tenants will like to rent the properties over there. We're talking about 15,000 to 16,000 square feet their building over there. I might have to reconsider it. Henry Livas: So you are talking about for future tenants? Kosta Anastasopoulos: Yes sir. Henry Livas: But right now you have a restaurant there. Kosta Anastasopoulos: Right now I have a restaurant. I like the Seven Cities but with a little bit to cleanup that area to clean the parking lot and make it presentable and to give me a little bit of visibility to coming from Chesapeake all the way out. Janice Anderson: Are there any other questions? Go ahead Don? II Item #17 Seven Cities Electric, Inc. Page 5 Donald Horsley: The property you have behind them is all your property too? I think that is your main concern that these buildings are going to isolate your property back there. Kosta Anast~sopoulos: Correct. Donald Horsley: Just you can't see them. It is not really your restaurant as it much it is back there. Kosta Anastasopoulos: The restaurant is now from traffic coming from Chesapeake. The future is when I build the stores over there it will be blocking the whole visibility for this section over here. Donald Horsley: So you own all of that BMP and everything there all the way down past down? All of that? Kosta Anastaspoulos: Yes sir. Donald Horsley: Down to close to where the house burned the other night? Kosta Anastaspoulos: Yes sir. From here all the way up. Donald Horsley: Okay. Kosta Anastaspoulos: That is why I was planning on putting a 20,000 square foot retail store over there but now with this property. They messed me up. So many times I was waiting for 25 years for that property to become available from the previous owner. They never considered me as a person to tell. The only thing that I know is that the day the property was sold to somebody else instead of me. Weare trying to make this property over here eventually some day to open up the whole block and make it visible and presentable to the community with a nice retail strip. Janice Anderson: Go ahead Ron. Ronald Ripley: I've got two questions. Have you tried to buy the land from him? Kosta Anastaspoulos: Yes sir. Ronald Ripley: You can't agree? Kosta Anastaspoulos: No. I tried with the first one. They put him in a nursing home and the daughters, one from California and one from here, they were supposed to come to me to make a deal to sell the property. They never tell me anything. The next thing I know the property was sold to somebody else. III Item # 17 Seven Cities Electric, Inc. Page 6 Ronald Ripley: I'm talking about this applicant here. Have you tried to buy the land from him? Kosta Anastaspoulos: I asked Mr. Dell before he renovated the house and he finds out that the house was a mess. I offered him the money. He paid to withdraw. He says no. $58,000 when he bought the property. Ronald Ripley: I understand it. It's his right and your right. Ifthe shoe was on the other foot and you owned that piece ofland and he owned your piece ofland, what would you do with that piece of land? Kosta Anastaspoulos: The small piece of land? Ronald Ripley: Yes sir. Kosta Anastaspoulos: That little piece of land is not for commercial. It has a little house there. When Centerville Road comes down, the sidewalk goes five feet from the front door. It is not livable over there. It is going to be hazardous with the traffic and the little house over there. Ifwe put another permanent structure next to it, we're going to have more problems eventually to purchase that property, the state or the city or whatever. Ronald Ripley: That was not my question. My question was if you owned it what would you do with it? Kosta Anastaspoulos: Nothing. You can't do anything with it. You can just rent it to somebody to live there. It's not for business. J ancie Anderson: Go ahead Don. Donald Horsley: Would you sell your property to them if they wanted to buy that? Kosta Anastaspoulos: Money talks. Donald Horsley: Money talks. Kosta Anastaspoulos: Money talks. If Seven Cities wants to make an industrial park over there it is okay with me. Donald Horsley: Maybe you should have offered them more than they paid for it. Maybe you would have it now. Okay. Thank you. Janice Anderson: Thank you. Kosta Anastaspoulos: Thank you so much. Item #17 Seven Cities Electric, Inc. Page 7 Eddie Bourdon: I appreciate a lot of the comments. I hope that maybe we can talk and work some of this stuff out. The first thing that I want to talk about however is the ditch scenario. My client has agreed with the owner of Athens that he will cooperate as far as the clearing of any debris along the ditches. But until we are in a position with site plan review to know what the drainage issue are we can't agree to fill a ditch. We can't go out there and fill the ditch. We're not opposed to filling but we are clearly not in a position to be able to do any of that without the third party element in the room, which is the City. So, that is just not something that can be done. We don't have a problem with it. We just can't say yeah, let's go fill that ditch. We can't just run out there and do that. We don't have a problem, and in fact when this property is redeveloped, this area will be cleared. It is inevitable it will be cleared. The other interesting thing to note that this property will have because remember, this development is occurring down here, all of this frontage along Centerville Turnpike all the way down to here is over 1,200 feet of frontage has nothing but visibility from Centerville Turnpike. My client has no problem with attempting to swap property with the gentleman in order to square this property up, and provide him this unusable frontage for us. This gentleman had at least two opportunities to purchase this property, and for whatever reason chose not too. My client has given him a price. The gentleman has never been willing to give a price as to what his property is sellable for. In this economy, Darryl a small businessman, this property would be probably out of his ability to obtain financing in the current environment. But there are ways to try to make this an accommodating situation. Darryl has approached the gentleman on more than one occasion, and doesn't have the same feelings that were expressed in terms of unwillingness to cooperate. And he has flat out told him that he has no problem. They were going to get prices on clearing the vegetation around the ditches. But frankly the site will be pretty much cleared when this redevelopment occurs anyway. The building itself, the house is 7 Y2 feet from the front property. I think the statement was made that it was 5 feet. That is incorrect. That is just a technical error. We have no problem cooperating with our neighbor with regard to the ditch and the clearing of it and even the potential of filling of it. But we can't do that unilaterally nor can he. I'll be happy to answer any questions. Janice Anderson: I know your client really wants that extra building there. I don't have any problem changing the zoning because it should be commercial and letting him use it as his office. The only thing that concerns me that it doesn't fit because of the odd shape is that extra building you're going to place. I feel like it is going to be placed on Centerville. Of course, I would like to see it behind but you don't own the property behind you. Eddie Bourdon: I'm sorry. It actually meets the setback. Janice Anderson: The new building? Eddie Bourdon: Right. It meets the setback. Janice Anderson: Well, it might. It just seems to be right on that road. It will be a large building right on the road. But it does meet the setback from Centerville? III Item #17 Seven Cities Electric, Inc. Page 8 Eddie Bourdon: Yes ma' am. The alternative is to put a parking pad there and park the vehicles there, which the parking there overnight of the vehicles there is going to be less attractive and more of a target. There is a problem out there. I'm not trying to scare anybody. These buildings get tagged. The shopping center gets tagged. That is what's going on. And, the idea is to make it more attractive rather than have the two trucks parked out there. So, it is really to make it a more attractive site than would otherwise be the case. The only building that won't meet the setback is the existing structure. We can get the parking to meet the setback too. So, that is what we are doing. We're not trying to create a problem. We recognize it. Everything along here, the gas station up here, when that right- of-way is widened, the whole thing is going to go. That is a foregone conclusion and the gentleman who spoke made that statement at a town hall meeting with a 150 feet there. He knows that he is going to get that property one day and he is 100 percent correct. But we don't know when that day will be and that is why we are here. Janice Anderson: Are there any other questions? Go ahead Dave. David Redmond: Carolyn? I pressure your service. Stephen appears to have vacated. Oh, there he is. I didn't see you. You were napping back there. I didn't see you. Can you go back to the photographs of the property please? Stephen White: Tell me when to stop. David Redmond: Stop. There you go. Go back. There you go. Stop. What is that trailer doing there? Is that personal use? I see a truck that looks like an electrical use. What's the Winnebago looking thing? Eddie Bourdon: That belongs to Mr. Roadcap and I expect that was probably taken, and this was on the agenda previous when he was getting ready to go to Miami for a Dolphins playoff game. I guess he had to drive there. But this is not something he keeps on site. David Redmond: Okay. Eddie Bourdon: That is his personal vehicle. Actually, I was able to talk to him on the phone when he was in transit in that vehicle with a group of gentlemen who are Miami Dolphin fans. David Redmond: Well, we're going to let that go. I'm okay with the Dolphins. Anyway, it was my understanding that it had been there for quite a long time. I would like to add a condition that there will be no storage of any vehicles, boats, industrial vehicles other than the personal vehicles of employees. I don't know how many employees you have but no cherry pickers. No cranes. Eddie Bourdon: I completely agree with you Mr. Redmond. We can certainly add a proffer that there will be no outdoor storage or parking of any utility large vehicles on site. That is certainly not a problem. That is the purpose for the building. Item #17 Seven Cities Electric, Inc. Page 9 David Redmond: Thank you. Janice Anderson: Are there any other questions? Jay Bernas: I've got one question. I think this is worth exploring. You kind of alluded to it. So, you're saying that your client and the adjacent property owner have talked and tried to discuss land swap because to me that is the win-win. I mean your client and the adjacent property do an even land swap and reconfigure the site so that it is usable. You're going to create a better development. Eddie Bourdon: As soon as this meeting is over and if the gentleman is still here, I'm going to certainly make every effort to convene to schedule meetings. I think that would serve everybody's interest. I can't promise what the result will be but it is absolutely worth continuing that dialogue. I know that my client did bring that subject up. I'm all for pursing it. I think it can be a win-win for all three parties. I agree with you Mr. Bernas a 100 percent. Eugene Crabtree: Eddie, would you be amenable and your client to a deferral so you can discuss these things? So you could get this. If we pass it today, and it is done then that eliminates some of your ability to discuss this with a third party. Eddie Bourdon: Actually, I appreciate your concern but given the history as it has been related to me by other parties and the reaction from the other gentleman, I actually think we are better off. I don't have a problem with the deferral for City Council but we're better off being able because his approach has been, I'm going to get the property and unwillingness to negotiate in good faith based on assessed values, agreeing to have appraisals done, things that are normal and customary when it comes to trying to do these kind of things. So, I would rather we move forward. We have not a problem with having an appraisal, you know, an unbias third party and doing things the way they are customarily done. But, that is not what I have at least been told, and not just by Mr. Roadcap as far as when this property was previously on the market, and the gentleman had the opportunity to buy it. It was reported to me that his position was, I'm going to get it one day. There is no sense in paying what the City says its worth. So, that is third hand. It may be hear say. It may not be true. That is what I have been told by other people. So, I think we are better off moving forward but I will commit to what is reasonable to try to make a swap happen. And make every effort to make that happen. It takes two people wanting to do a deal in order for a deal to get done. Janice Anderson: Thank you. Are there any other questions? Thank you. Eddie Bourdon; I do think it would be to his significant advantage to do that. I don't want to lead the horse to water. Janice Anderson: Thank you Mr. Bourdon. Yes sir. Can you come back? Do you have something new? III Item # 17 Seven Cities Electric, Inc. Page 10 Kosta Anastaspoulos: I know that gentleman is also a lawyer and he a speaker all day over here. But for the purposes of the ditch bank, I offer to build the ditch to clean up the property. If they could go back to the plat over there I already said the ditch, at this moment, doesn't serve any purpose. Do you see all those bushes over here? On both sides of the ditch, bushes grow and they block all the visibility of my property. Right here. Ifwe cover the ditch and clean all those bushes, the little trees, open up the visibility. Ifhe is concerned for the water, we can leave a little soil on the top. We don't have a 4 to 5 foot ditch over there with the trees. It looks like a river to. Janice Anderson; I think what the applicant, Mr. Bourdon, stated that this applicant when they do a site plan review, it definitely is going to be cleaned up when they put the parking in. And he is not sure ifhe can fill the ditches in until he gets an okay from the site plan review engineers. He would work with you I believe. Kosta Anastaspoulos: This property over here, that yellow thing, his property ends right here on Old Ridge Road. It is right there not down here. When the surveyor came he said it is right here. That is why I'm trying to get the engineers now instead of getting driveway down here, to put the driveway like the Traffic Engineer suggested to put them across the street from Old Ridge Old. The property is right there. That is a 25 foot easement dedicated for the Centerville Turnpike. So it is not going to be there. When the road comes, this property is not going to be there. The road is coming right there. Janice Anderson: Yes sir. Okay. Thank you sir. Donald Horsley: I got one question. Janice Anderson: You got one? Donald Horsley: Did you say that the BMP that is on that property belongs to you? Kosta Anastaspoulos: Yes sir. Donald Horsley: Wasn't the BMP put in for the self storage units back there? Kosta Anastaspoulos: The BMP serves three developments. Donald Horsley: Do you own that property back there? Kosta Anastaspoulos: Yes sir. Donald Horsley: You own the self storage units? Kosta Anataspoulos: No sir. The BMP serves this property, this property over here and this property over here (pointing to PowerPoint). It is on my property. Item #17 Seven Cities Electric, Inc. Page 11 Donald Horsley: Okay. Kosta Anastaspoulos: One of the main things is that all three of us share the BMP. If anything has to do with that BMP, all three of us are responsible for it. Donald Horsley: Okay. Janice Anderson: Thank you sir. Eddie Bourdon: If he is talking about clearing the debris, my client has agreed and has told him that we are willing to do that. It's the filling that is the part that we can't. We will talk outside. Janice Anderson: Can you please? Yes. Eddie Bourdon: I don't think that is a problem as far as clearing the ditch. Janice Anderson: That is what I heard that you will clean it up during the site plan. Kosta Anastaspoulos: One quick question. When the ditch is in the center of the property? Janice Anderson: Come to the podium sir. Kosta Anataspoulos: The line of the property is right in the middle of the ditch, and some part of it is on my property, but who controls what is going to happen to that ditch? Janice Anderson: You're going to have to talk to Public Works on that sir. I can't answer handle that. Kosta Anataspoulos: I mean that ditch doesn't belong to him. It belongs to both of us. It is the property ofthe line in a ditch. We can't cover it. There are a lot of buckets back there, wood, and all that stuff. It doesn't serve anything, to clean up the property, his property and my property. Janice Anderson: It is a question for Public Works and hopefully you can clean the ditch up. Kosta Anastaspoulos: Thank you. Janice Anderson: Thank you. Is there any discussion? Do I have a motion? Eugene Crabtree: I don't think it is going to make any difference. I make a motion that we approve the application. III Item # 17 Seven Cities Electric, Inc. Page 12 Janice Anderson: Would your motion to improve include a condition since they're proffered, a condition regarding no outside storage of vehicles and no outside parking of utility vehicles. Eugene Crabtree: Yes. Janice Anderson: Is there a second? Al Henley: I'll second it. Janice Anderson: A second by Al Henley. Is there any further discussion? Donald Horsley: I guess I'm going to vote in favor of it. But it is really a shame that a piece of property like this that two property owners can't get together and make it to benefit both parties because they could square off that property. These people could put their buildings back off the road more so when Centerville came through it wouldn't affect their business. And the other man would have more road frontage. He could develop his property. I'm just hoping that somewhere between here and City Council, Mr. Bourdon can use his suave to make this thing happen. But I hate to penalize a business. But it is a shame that a piece of property has the potential that this piece does, could not be configured in a way. It is just a matter of people getting their get heads together so both of them can benefit. Kosta Anastaspoulos: I object to have the neighbor as an office over there. Why build the building with a garage? He can store his trucks somewhere else. Janice Anderson: Yes sir. We heard. That is my thought when I said I want the bigger building behind the office that would be the preference there but with the configuration of the triangle that is the only place to put it, which I'm not real thrilled about either but we're dictated by the shape of the property. Are there any more comments? ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS LIVAS REDMOND RIPLEY RUSSO STRANGE AYE 10 NAY 0 ABSO ABSENT 1 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE ABSE NT Item #17 Seven Cities Electric, Inc. Page 13 Ed Weeden: By a vote of 10-0, the Board has approved the application of Seven Cities Electric, Inc. with the added conditions. Eddie Bourdon: Thank you. We will revise the proffers and dialogue. Janice Anderson: Thank you. Eddie Bourdon: Thank you. I I I III I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7291 FROM: Mark D. Stiles~~ B. Kay WiISO~ DATE: August 26, 2009 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Seven Cities Electric, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 8, 2009. I have reviewed the subject proffer agreement, dated September 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 Hassen PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS DARRYL H. ROADCAP TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30th day of September, 2008, by and between DARRYL H. ROADCAP, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 19,022 square feet and described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-SD Residential District to Conditional B-1 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and PREPARED BY: ISYI(JS. BOUlmON. GPIN: 1455-81-9045 , Am::RN & L[VY. P.C 1 I I III I PREPARED BY: 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 with respect to the Property, the following reasonable conditions related to the physical redevelopment, 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 has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions 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, his successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be redeveloped with the existing one story building to be renovated and converted to an office building with a separate equipment building substantially as shown on the exhibit entitled "CONCEPT PLAN 1945 CENTERVILLE TURNPIKE VIRGINIA BEACH, VA FOR DARRYL ROADCAP", dated 08/28/08, prepared by Porterfield Design Center, 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 "Concept Plan"). 2. When the "PROPOSED EQUIPMENT BLDG" depicted on the Concept Plan is developed, its exterior appearance shall be substantially similar in architectural features, details and building materials shown on the exhibit entitled, "PROPOSED EQUIPMENT BUILDING FOR DARRYL ROADCAP . VIRGINIA BEACH, VIRGINIA", prepared by Martin & Martin Architecture, Inc., 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"). 3. The Grantor shall install foundation landscaping on all buildings depicted on the Concept Plan and parking lot landscaping in accordance with the Grantees landscaping requirements as set forth in its Comprehensive Zoning Ordinance. I, SVHS. 1I0IJROON. AllmN & IXVY. p,c. 2 PREPARED BY: Streetscape landscaping shall be installed by the Grantor substantially as depicted on the Concept Plan. The Grantor shall submit a Landscape Plan for the Property which incorporates these requirements to the Director of Planning for review and approval prior to final Site Plan approval. 4. There shall be no outside storage or parking for more than twenty-four (24) consecutive hours of any utility trucks. trailers or recreational vehicles on the Property. 5. Further conditions may be required by the Grantee during detailed Site Plan and/ or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-5D and B-1 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach. Virginia. in force as of the date of approval of this Agreement by City Council. which are by this reference incorporated herein. The above conditions. having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however. may be repealed. amended. or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 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 II SYHS. ROllunON. AllmN & LrVY.I',c 3 I I IIII Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: I SYHS. (lOlJUDON, AII[UN & U::VY. P,C 4 WITNESS the following signature and seal: Grantor: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: My Commission Expires: Notary Registration No.: PREPARED BY: II SVI([S. ROUlmON. AJJ[RN &. lIYY. IIJ~. 5 III I EXHIBIT "A" ALL that certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in Kempsville Magisterial District of the County of Princess Anne, Virginia, and being a part of a piece or parcel of land containing about 1.64 acres, which is shown on the "Plat of Tracts of Land of W.E. Wood and Tract of Land of F.S. Overholt", which is recorded in the Clerk's Office of the County aforesaid in M.B. 26, page 43, and is more particularly described as follows: Beginning at a point on the western side of Route 604, (formerly the Old Norfolk-Carolina Turnpike) 697 feet from the intersection of Route 604 and Route 166, (formerly Kempsville-Great Bridge Road), thence S. 81 degrees 49' 50" W., 125 feet, more or less, to the center of a ditch in the western line of Thelma M. Parron's property; thence S. 20 degrees 19' 40" E. along the center of said ditch to the western line of Route 604; thence North along the western line of said Route 604 to the point of beginning. SAVE AND EXCEPT that land obtained by the City of Virginia Beach by Deed recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2289, at page 1723. GPIN: 1455-81-9045 ConditionalRezonejSevenCitiesElectricjProffer PREPARED BY: lIB SVHS. QOIJIU)ON. n A~mN & LM. P,C 6 I III I ~~l~'~~ ''ii~ g71S -~:tl 't:{ .. -. ~ - s: ~~ - 1.> ..\,~-- II .. +j' ~.;~....~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Ordinance to Establish City Zoning Ordinance Regulations Pertaining to Wind Energy Systems, including Definitions, Application Requirements, Locational and Other Requirements, and Zoning Districts where Permitted. MEETING DATE: September 8, 2009 . Background: Wind-generated power is a growing source of electricity. Worldwide, wind is the fastest-growing energy source - installed generating capacity increased by an average 32 percent annually from 1998 to 2002. The most probable reason for this increase is that technology has reduced the cost by more than 80 percent since the first commercial wind turbines were installed in the 1980s. Wind energy is a clean, safe, and renewable (inexhaustible) power source that is attractive to many property owners in the City of Virginia Beach as either a primary or secondary supplemental source of electric power for their home or business. The City Council deferred this item on August 11 to provide staff an opportunity to brief the City Council on the proposed amendments. . Considerations: At its simplest, a wind turbine is a device that produces electricity from wind. Moving air causes the turbine to rotate, which generates clean, emissions-free energy. There are two basic designs of wind turbines: vertical-axis, or "egg- beater" style. and horizontal-axis (propeller-style) machines. Horizontal-axis wind turbines are most common today, constituting nearly all of the large "utility-scale" turbines in the world. Utility-scale wind turbines for land-based wind farms come in various sizes, with typically three blades having diameters ranging from about 150 feet to about 300 feet, and with towers of roughly the same size. A 300-foot machine with a 300-foot tower would have a total height from the tower base to the tip of the rotor of approximately 440 feet. The vertical-axis type of wind turbine features a cylinder-like component that revolves similarly to a barbershop pole or corkscrew. Systems of this configuration are known as vertical-axis turbines because the plane of rotation is perpendicular, or vertical, to the ground. On the other end of the spectrum, and the type that is most likely to be used in Virginia Beach, is the small wind turbine, which can be used to power a home, farm, school, or small business. Though most small wind turbines look like a CITY OF VIRGINIA BEACH - WIND ENERGY CONVERSION SYSTEMS Page 2 of 2 miniaturized, "back yard" version of the large, utility.scale, three-bladed turbines, the industry encompasses over 200 different models, and they can vary widely in appearance. A small wind turbine is technologically advanced but mechanically simple, with only two or three moving parts. Most feature three blades of 2 t015 feet in length, a generator located at the hub, and a tail. The turbine is either mounted on a steel monopole tower or directly on the roof of the building. The technology has advanced considerably in the recent years, making small wind turbines quieter, more reliable, and better able to blend in with surrounding aesthetics. The attached amendment to the City Zoning Ordinance introduces wind turbines, called Wind Energy Conversion Systems by the ordinance, as an allowed use and provides regulations for their use. There was no opposition to this request at the Planning Commission hearing. Also, attached is a revised amendment to the City Zoning Ordinance that was provided to City Council for information last week. This amendment addresses issues of color and compatibility of the turbines with their surroundings. Staff believes this amendment is an improvement to the original ordinance presented to the Planning Commission. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council. . Attachments: Staff Review Planning Commission Minutes Ordinance Amended Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department CItyManage~ ~,~~ III I 15 July 8, 2009 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - WIND ENERGY SYSTEMS REQUEST: An Ordinance to Establish City Zoning Ordinance Regulations Pertaining to Wind Energy Systems, including Definitions, Application Requirements, Locational and Other Requirements, and Zoning Districts where Permitted. This amendment was deferred by the Planning Commission on May 13, 2009 to allow staff time to incorporate input from a manufacturer of wind energy systems and to circulate the amendment to more interested parties. Changes have been made to the amendment that address comments received, and the amendment now allows for Vertical-Axis Wind Turbines to be installed, as well as traditional propeller systems. Staff made a special effort to distribute the amendment to impacted groups such as the Resort Advisory Commission, the Tidewater Builder's Association, the Council of Civic Organizations, and the Audubon Society. SUMMARY OF AMENDMENT Wind-generated power is a growing source of electricity. Worldwide, wind is the fastest-growing energy source -- installed generating capacity increased by an average 32 percent annually from 1998 to 2002. The most probable reason for this increase is that technology has reduced the cost by more than 80 percent since the first commercial wind turbines were installed in the 1980s. Wind energy is a clean, safe, and renewable (inexhaustible) power source that is attractive to many property owners in the City of Virginia Beach as either a primary or secondary supplemental source of electric power for their home or business. .--- RJlcr 0iIT'llIer ~ At its simplest, a wind turbine is a device that produces electricity from wind. Moving air causes the turbine to rotate, which generates clean, emissions-free energy. There are two basic designs of wind turbines: vertical-axis, or "egg-beater" style, and horizontal-axis (propeller-style) machines. Horizontal- axis wind turbines are most common today, constituting nearly all of the large "utility-scale" turbines in the world. Utility-scale wind turbines for land-based wind farms come in various sizes, with typically three blades having diameters ranging from about R:JIO' 0iIT'llIer RJlcr I1lI!tC I -L.. Wind Turbine GonfiguratJcms CITY OF VIRGINIA BEACH I WIND ENERGY SYSTEMS Agenda Item 15 Page 1 150 feet to about 300 feet, and with towers of roughly the same size. A 300-foot machine with a 300-foot tower would have a total height from the tower base to the tip of the rotor of approximately 440 feet. The vertical-axis type of wind turbine features a cylinder-like component that revolves similarly to a barbershop pole or corkscrew. Systems of this configuration are known as vertical-axis turbines because the plane of rotation is perpendicular, or vertical, to the ground, On the other end of the spectrum, and the type that is most likely to be used in Virginia Beach, is the small wind turbine, which can be used to power a home, farm, school, or small business. Though most small wind turbines look like a miniaturized, "back yard" version of the large, utility- scale, three-bladed turbines, the industry encompasses over 200 different models, and they can vary widely in appearance. A small wind turbine is technologically advanced but mechanically simple, with only two or three moving parts, Most feature three blades of 2 t015 feet in length, a generator located at the hub, and a tail. The turbine is either mounted on a steel monopole tower or directly on the roof of the building. The technology has advanced considerably in the recent years, making small wind turbines quieter, more reliable, and better able to blend in with surrounding aesthetics. The attached amendments to the City Zoning Ordinance introduce wind turbines, called Wind Energy Conversion Systems by the ordinance, as an allowed use and provide regulations for their use. Section 111 The section defines Wind Energy Conversion Systems (WECS) and establishes two types of such systems (freestanding and roof-mounted): . Wind energy conversion system. Any device, such as a windmill, wind turbine or wind charger that converts wind energy into electricity, including the rotors, nacelles, generators, towers and associated control or conversion electronics. o Wind energy conversion system, freestanding. A wind energy conversion system other than roof-mounted. o Wind energy conversion system, roof-mounted. A wind energy conversion system affixed to the roof of a building or other structure. Section 202 The amendment to this section allows roof-mounted WECS to exceed the height limits otherwise applicable in the various zoning districts within the City. A new Section 209 contains independent limitations on the height of WECS, both roof-mounted and freestanding, A second amendment to this section (Line 45) is a 'housekeeping' correction that replaces the term "Iine- of-sight relaying devices" with the currently-used term, "communication towers," It is not related to the regulation of WECS. CITY OF VIRGINIA BEACH I WIND ENERGY SYSTEMS Agenda Item 15 Page 2 III I Section 209 Subsection (a) (Lines 75-78) states that the purpose of this section of the ordinance is to promote energy conservation by allowing WECS while minimizing the safety, visual, and environmental impacts of such systems. Subsection (b) establishes the Conditional Use Permit application requirements (Lines 80-111) and requirements for site plans and building permit applications (Lines 113-116), Subsection (c) (Lines 118-215) establishes requirements pertaining to lot area, setbacks, height, structural standards, lighting, signage, noise, shadowinglflickering, electrical connections and braking. Subsection (d) (Lines 217-220) requires an inspection every two years and submission of the inspection report to the Planning Director. Subsection (e) (Lines 222-224) requires the removal of the system if it is not used for 1 year. If the system is not removed, the City may do so at the cost of the owner. Section 242.5 The section provides that WECS allowed as conditional uses will be subject to the provisions of Section 209 of the City Zoning Ordinance. The remaining portions of the proposed amendments establish the zoning districts wherein the various types of WECS and the number of each are allowed either as permitted or conditional uses. RECOMMENDATION Staff recommends approval of the proposed amendments. CITY OF VIRGINIA BEACH I WIND ENERGY SYSTEMS Agenda Item 15 Page 3 1 AN ORDINANCE TO ESTABLISH CITY ZONING 2 ORDINANCE REGULATIONS PERTAINING TO WIND 3 ENERGY CONVERSION SYSTEMS, INCLUDING 4 DEFINITIONS, APPLICATION REQUIREMENTS, 5 LOCATIONAL AND OTHER REQUIREMENTS, AND 6 ZONING DISTRICTS WHERE PERMITTED 7 Sections Amended: City Zoning Ordinance Sections 111, 8 202,301,401,501,601,701,801,901,1001,1501,1511 9 and 1521 10 11 Sections Added: City Zoning Ordinance Sections 209 and 12 242.5 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA: 19 That Sections 111, 202, 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1511 and 20 1521 of the City Zoning Ordinance, pertaining to wind energy conversion systems, are 21 hereby amended and reordained, and new Sections 209 and 242.5 are hereby added, to 22 read as follows: 23 Sec. 111. Definitions 24 25 Wind enerav conversion svstem. Any device. such as a windmill. wind turbine or 26 wind charaer. that converts wind eneray into electricity. includina the rotors. nacelles. 27 aenerators. towers and associated control or conversion electronics. 28 29 Wind enerav conversion system. freestandina. A wind eneray conversion system 30 other than roof-mounted. 31 32 Wind eneray conversion system. roof-mounted. A wind enemy conversion system 33 affixed to the roof of a buildina or other structure. 34 35 36 COMMENT 37 38 The section defines wind energy conversion systems and classifies them as either freestanding 39 or roof-mounted. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 III Sec. 202. Height regulations. (a) Whenever height limits for buildings and other structures are established, no portion of any building or other structure shall extend above such height limits, except residential chimneys, line of sight rel~ying devices communication towers, broadcasting towers, radio or television antennas, spires, flagpoles, water tanks, roof-mounted wind enemv conversion svstems or monuments otherwise approved for erection; provided, however, that smokestacks may also extend beyond such limits, if they do not exceed in height the distance to the nearest lot line; and further provided that one tower for purposes of an amateur radio station operation, which may contain multiple antennas, may extend beyond said height limits but shall not exceed ninety (90) feet in height above ground elevation. (b) No artificial structure or tree or other natural growth which on the basis of its height would constitute an obstruction to air navigation pursuant to Part 77 of the Federal Aviation Administration Regulations, 14 C.F.R. SS 77.21 et seq. shall be allowed in any district. The director of the department of planning shall prepare a map delineating geometric specifications and height limitations for protecting navigable airspace in compliance with Part 77 of the Federal Aviation Administration Regulations, 14 C.F.R. SS 77.21 et seq. COMMENT The amendment allows roof-mounted wind energy conversion systems to exceed the height limits otherwise applicable in the various zoning districts within the City. The proposed Section 242.5, which appears immediately below, contains independent limitations on the height of wind energy conversion systems, both roof-mounted and freestanding. The amendment on Line 45 is a technical correction that replaces the term "line-of-sight relaying devices" with the currently-used term, "communication towers." It is not related to the regulation of wind energy conversion systems. Sec. 209 Wind Enerav Conversion SYstems. (a) Purpose. The purpose of this section is to promote the use of renewable enerov sources bv allowino wind enerav conversion svstems in appropriate locations while minimizina visual. safetv and environmental impacts and oromotina the safe. effective and efficient use of such svstems. (b) ADDlication reauirements. (1) Conditional use Dermit aDDlications. In addition to the information required by Section 221. applications for a conditional use permit for a wind eneray conversion svstem shall include the followina items: fA) A site plan or plan drawn to scale. showina the location. height and desian of the proposed svstem. includina any 2 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 accessory buildinas or other aoourtenances. adiacent land uses. and any other aoolicable information required bv the Plannina Director: (B) A certification from a orofessional enaineer licensed in the Commonwealth of VirQinia that the orooosed system comolies with all aoolicable reQulations and requirements of the Virainia Uniform Statewide Buildina Code and Federal Aviation Administration: (C) A certification from a orofessional enaineer licensed in the Commonwealth of Virainia that the structure uoon which the orooosed wind enerav conversion system is to be mounted will have the structural intearitv to carry the weiaht and wind loads of the wind enerav conversion system and have minimal vibration imoacts on the structure: and (D) Elevation drawinas. comouter-aenerated ohotoaraohic simulations. or such other documentation as the Plannina Director may reauire that deoict how the orooosed wind enerav conversion system. includina accessory buildinas. will aooear as constructed on the orooosed site: orovided. however. that this reauirement shall not aoolv if the orooosed wind enerav system is allowed as a orincioal use. (2) Buildina oermit/site deveJooment oJan aoolications. In addition to information otherwise reauired bv ordinance. aoolications for buildina oermits or site develooment olans shall include the information soecified in subdivisions (At (B) and (Ct (c) Lot area. setback. heiaht. etc. reauirements. Wind enerav conversion systems shall be subiect to the followina reauirements: (1 ) Lot area. Minimum lot area reauirements for wind enerav conversion systems shall be as follows: (A) For freestandina wind enerav conversion systems outside of Residential Districts. forty thousand (40.000) sauare feet olus an additional twenty thousand (20.000) sauare feet for each such system in excess of one (1 ); (B) For roof-mounted wind enerav conversion systems. the minimum lot area soecified in the district reaulations: and (C) For wind enerav conversion systems allowed as a conditional use. the City Council may aoorove an aoolication in which the 3 III I 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 subject orooerty fails to meet the soecified minimum lot area reauirements uoon a findina that the orooosed svstem is of such size or in such location. or that the conditions attached to the conditional use oermit are sufficiently restrictive. that the deficiency in lot area will not result in any adverse effects uoon surroundina orooerties. The Plannina Director shall include in his reoort to the Plannina Commission the soecific factors. if any. that would suooort the arantina of a conditional use. oermit on lots that fail to meet the minimum lot area reauirements of this section. (2) Setbacks. (A) No tower in anv freestandina wind enerav conversion system shall be located closer to any orooerty line or oublic riaht-of- way than a distance eaual to one hundred ten oer cent (110%) of the heiaht of the tower or the setback soecified in the aoolicable district reaulations. whichever is areater. or closer to any residential structure or overhead utility transmission line than a distance eaual to one hundred ten oer cent (110%) of the heiaht of the tower. (8) No suooort structure of a freestandina wind eneray conversion system. includina auy wires. shall be located in anv reauired front yard or any reauired side yard adjacent to a street. (3) Heiaht. (A) Unless otherwise soecified in this section or the conditional use oermit. wind eneray conversion systems shall be subject to the heiaht reaulations of the zonina district in which they are located: orovided. that in no event shall the heiaht of any such system exceed that recommended by the manufacturer. (8) The heiaht of a freestandina wind enerav conversion svstem shall be measured as the distance from around level to the hiahest ooint on the tower. includina the verticallenath of any extensions such as rotor blades. The heiaht of a roof-mounted wind eneray conversion system shall be measured as the distance from the ooint at which the base of the system is attached to the buildina or the lowest ooint of any comoonent of the wind eneray conversion system. whichever is lower. to the hiahest ooint on the wind eneray conversion system. includina the vertical lenath of any extensions such as rotor blades. 4 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 (C) Notwithstandina any contrary heiaht limitation specified in the district regulations. roof-mounted wind enerav conversion systems may proiect a maximum of eiaht (8) feet above the rootline of the structure on which they are located unless a greater heiaht is allowed bv the conditional use permit. (D) The minimum rotor clearance of freestandina wind enerav conversion systems shall be twenty-five (25) feet above around level for systems incorooratina horizontal-axis turbines and ten (10) feet for systems incorporatina vertical-axis turbines. (4) Sianaae. No sianaae. other than safety and warnina sians. shall be allowed. (5) Tower construction. All freestandina towers shall be of monopole construction. without auv wires or visible anchors. unless allowed bv the conditional use permit. (6) Noise. The hiahest level of noise aenerated bv the system. as measured at any adioinina oroperty line. shall not exceed an A- weiahted decibel level of 55 dBCA). (7) Illumination. No portion of a svstem shall be illuminated unless reauired bv the Federal Aviation Administration. (8) Sitina. Systems shall be sited in a manner to minimize shadowina and t1ickerina effects on any adiacent orooertv. (9) Electrical connections. All electrical controls. control wlnna and Dower lines shall be located underaround or otherwise hidden from view. (10) Brakina. All systems shall be eauipped with a redundant brakina system that enaaaes at wind speeds in accordance with the manufacturer's specifications so as to minimize the ootential for wind damaae to the system or its suooortina structure. (d) Inspections. All wind enerav conversion systems. includina all associated eauioment. shall be inspected every two (2) years to ensure compliance with this section and the conditional use permit. The report of such inspection shall be provided to the Plannina Director. (e) Discontinuance. Anv wind enemv conversion system that is not in use for a period of one (1) year shall be removed within ninety (90) days after notification bv the Plannina Director. 5 "I 226 COMMENT 227 228 Subsection (a) (lines 75-78] states that the purpose of the wind energy system section is to 229 promote energy conservation by allowing wind energy conversion systems while minimizing the 230 safety, visual and environmental impacts of such systems. 231 232 Subsection (b) sets forth the conditional use permit application requirements (lines 82-111] 233 and requirements for site plans and building permit applications (lines 113-116]. 234 235 Subsection (c) (lines 118-215] sets forth requirements pertaining to lot area, setbacks, height, 236 structural standards, lighting, signage, noise, shadowing/flickering, electrical connections and 237 braking. 238 239 Subsection (d) (lines 217-220] requires an inspection every two years and submission of the 240 inspection report to the Planning Director. 241 242 Subsection (e) (lines 222-224] requires the removal ofthe system if it is not used for one year. 243 244 245 Sec. 242.5. Wind eneray conversion systems. 246 247 In addition to Qeneral requirements. wind enemy conversion systems shall be 248 subiect to the orovisions of Section 209. 249 250 COMMENT 251 252 The section provides that wind energy conversion systems allowed as conditional uses shall be 253 subject to the provisions of Section 209 of the City Zoning Ordinance. 254 255 256 Sec. 301. Use regulations [Preservation District]. 257 258 (a) Principal and conditional uses. The following chart lists those uses permitted within 259 the P-1 Preservation District. Those uses and structures shall be permitted as either principal 260 uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than 261 as specified shall be permitted. 262 USE P-1 Wind eneray conversion systems. freestanding C .Q Wind enerav conversion systems. roof-mounted 263 6 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 COMMENT The amendments allow freestanding and roof-mounted wind energy conversion systems (WECS) as conditional uses in the P-l Preservation District. Sec. 401. Use regulations [Agricultural Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Wind eneroy conversion systems. freestandino. except as provided below P P Wind enerqy conversion systems. freestandina. in excess of one (1 ) C C Wind enemy conversion systems. roof-mounted. except as provided below P P Wind enemy conversion systems. roof-mounted. in excess of one (1 ) C C COMMENT The amendments allow one freestanding wind energy conversion system (WECS) and one roof-mounted WECS as principal uses in the AG-l and AG-2 Agricultural Districts. Two or more such systems are allowed as conditional uses. Sec. 501. Use regulations [Residential Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 7 III I Use R-40 R-30 R-20 R-15 R-10 R- 7.5 R- 50 R- R-5S R-2.5 5R Wind enerov conversion systems. free- standino, except as provided below .E .E .E .E x x x x x x 311 Wind enerov 312 conversion 313 systems, 314 freestandino, 315 in excess of 316 one (1) Q 317 318 Wind enerov 319 conversion 320 systems. 321 roof-mounted, 322 except as provided 323 below .E 324 325 Wind enerov 326 conversion systems, 327 roof-mounted. 328 in excess of 329 one(1) C 330 331 x x x x x x x x x .E .E .E .E .E .E .E .E x c c Q Q x x x x x 332 COMMENT 333 334 The amendments allow one freestanding wind energy conversion system (WECS) as a 335 principal use in the R-40 through R-15 Residential Districts. Two or more such systems are allowed 336 as conditional uses in the R-40 District. One roof-mounted WECS is allowed as a principal us~ in 337 the all Residential Districts except the R-2.5 Residential Townhouse District. Two or more such 338 systems are allowed as conditional uses in the R-40 through R-IO Residential Districts. 339 340 Sec. 601. Use regulations [Apartment Districts] 341 342 (a) Principal and conditional uses. The following chart lists those uses permitted 343 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 344 respective apartment districts shall be permitted as either principal uses indicated by a 345 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 346 shall be prohibited in the respective districts. No uses or structures other than as 347 specified shall be permitted. 8 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 Use A-12 A-18 A-24 A-36 Wind enerav conversion systems. freestandina .Q. .Q. .Q. c Wind enerav conversion systems. roof-mounted c .Q. c c COMMENT The amendments allow freestanding and roof-mounted wind energy conversion systems as a conditional use in all Apartment Districts. Sec. 701. Use regulations [Hotel District] (a) Principal and conditional uses. The following chart lists those uses permitted within the H-1 Hotel District. Those uses and structures in the district shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses or structures other than as specified shall be permitted Use H-1 Wind enerav conversion systems. roof-mounted. exceot as orovided below .e Wind enerav conversion systems. roof-mounted. in excess of one (1) oer principal structure c COMMENT The amendments allow one (I) roof-mounted wind energy conversion system (WECS) as a principal use in H-I Hotel District and more than one such WECS per principal structure as a conditional use in the district. 9 III 395 Sec. 801. Use regulations [Office Districts]. 396 397 (a) Principal and conditional uses. The following chart lists those uses 398 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the 399 respective office districts shall be permitted as either principal uses indicated by a "P" or 400 as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 401 prohibited in the respective districts. No uses or structures other than as specified shall 402 be permitted. 403 USE 0-1 0-2 Wind enerQY conversion systems. freestandino C C Wind eneroy conversion svstems. roof-mounted. except as provided below E E Wind eneroy conversion svstems. roof-mounted. in excess of one (1 ) C C 404 405 406 COMMENT 407 408 The amendments allow freestanding wind energy conversion systems (WECS) as a 409 conditional use in the 0-1 and 0-2 Office Districts. They also allow one (1) roof-mounted WECS as a 410 principal use in the district and more than one WECS as a conditional use. 411 412 413 Sec. 901. Use regulations [Business Districts]. 414 415 (a) Principal and conditional uses. The following chart lists those uses perm itted within 416 the B-1 through B-4K Business Districts. Those uses and structures in the respective business 417 districts shall be permitted as either principal uses indicated by a "P" or as conditional uses 418 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective 419 districts. No uses or stru ctures other than as specified shall be permitted. 420 USE B-1 B- B-2 B-3 B- 1A 3A B-4 B- B- 4C 4K 421 Wind energy conversion systems. 422 freestandinQ, except as provided below 1: 1: E ~ ~ ~ ~ ~ 423 424 Wind eneroy conversion systems, 425 freestandino. in excess of 426 one (1) .Q C C ~ ~ ~ ~ ~ 427 428 Wind enemy conversion systems. 429 roof-mounted. except as provided 10 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 below e e e e e e e e Wind enerov conversion systems. roof-mounted. in excess of one (1) per principal structure Q c c c c c C Q COMMENT The amendments allow one (1) freestanding wind energy conversion system (WECS) as a principal use in the B-1, B-IA and B-2 Business Districts, and more than one (1) WECS as a conditional use in the same districts. They also allow one roof-mounted WECS per principal structure as a principal use and more than one roof-mounted WECS per principal structure as a conditional use in all Business Districts. Sec. 1001. Use regulations [Industrial Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 1-1 1-2 Wind enerov conversion systems. freestandino. except as provided below e e Wind enemv conversion systems. freestandina. in excess of two (2) C Q Wind enerov conversion systems. roof-mounted. except as provided below e e Wind enerov conversion systems. roof-mounted. in excess of one (1) per principal structure C C COMMENT The amendments allow two (2) freestanding wind energy conversion system (WECS) as a principal use in the 1-1 and 1-2 Industrial Districts, and more than two (2) as a conditional use in the same districts. They also allow one (1) roof-mounted WECS per principal structure as a principal use and more than one (1) roof-mounted WECS per principal structure as a conditional use in both Industrial Districts. 11 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 "I Sec. 1501. Use Regulations [RT-1 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-1 Wind enemy conversion svstems. roof-mounted. except as provided below E Wind enerav conversion svstems. roof-mounted. in excess of one (1) per principal structure c COMMENT The amendments allow one (1) roof-mounted wind energy conversion system (WECS) as a principal use in the RT-l Resort Tourist District and more than one such WECS per principal structure as a conditional use in the district. Sec. 1511. Use Regulations [RT-2 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-2 Wind enerav conversion systems, roof-mounted. except as provided below E Wind energy conversio n svstems. roof-mounted. in excess of one (1) per 12 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 principal structure c COMMENT The amendments allow one (1) roof-mounted wind energy conversion system (WECS) as a principal use in the RT-2 Resort Tourist District and more than one such WECS per principal structure as a conditional use in the district. Sec. 1521. Use Regulations [RT-3 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT -3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-3 Wind enerav conversion svstems. roof-mounted. except as provided below e Wind enemv conversion svstems. roof-mounted. in excess of one (1) oer principal structure c COMMENT The amendments allow one (1) roof-mounted wind energy conversion system (WECS) as a principal use in the RT-3 Resort Tourist District and more than one such WECS per principal structure as a conditional use in the district. Adopted by the Council of the City of Virginia Beach, Virginia, on this_ day of ,2009 13 I III I Approved as to Legal Sufficiency: 573 Approved as to Content: 574 575 576 577 578 579 580 581 CA-1082 582 July 9, 2009 583 R-12 hJ d~ (vi, /JfJ. City Attorney's Office 14 Item #15 City of Virginia Beach An ordinance to Establish City Zoning Ordinance Regulations Pertaining to Wind Energy Systems including definitions, Application Requirements, Locational and other Requirements, and Zoning Districts where prohibited July 8, 2009 REGULAR Donald Horsley: The next item is item 15. The City of Virginia Beach for an ordinance to Establish City Zoning Ordinance Regulations pertaining to Wind Energy Systems, including Definitions, Application Requirements, Locational and other requirements, and Zoning Districts where permitted. Ms. Lasley. Karen Lasley: I'm going to give you the whole show on wind turbines as fast as I can. She's going to put up the PowerPoint. We can get started. She can't get it on the screen. Do you want me to try? You have a color copy. Janice Anderson: We'll follow along with you and she'll catch up. Karen Lasley: Right. We start out with definitions. A wind energy conversion system is defined. It converts wind energy into electricity. There are two types. Free standing and roof mounted. Then under free standing, you have two types. You have a horizontal axis and a vertical axis. The first draft that you had in your agenda in May didn't allow for the vertical axis turbine, so we made some changes here in your version today. Okay. The second slide shows the free standing turbines. These are vertical axis, up and down, kind of more traditional. Let me check one thing with Mr. Macali. Bill Macali: The horizontal ones are the ones that are traditional. It has a pole. A cylinder goes round, round and round. Karen Lasley: The vertical are more compact. They are shorter. It is a real positive development in the industry so we certainly didn't want to exclude those. There are a couple of pictures in there showing the vertical axis, the new type that we want to allow for. There is a slide that says general knowledge at the top. It shows how wind turbines work. The wind comes in and the energy from the wind is converted into electricity. It can be used in a home or it can be stored. It can be stored and saved for later or it can be sold back into the grid system to the electric company. Okay. Then we have some pictures of roof mounted antennas. There are about two slides that show that. There is a roof type example, again showing how the energy from the wind is converted into electricity and used. Then you have the, I call it the "Horsley Farm Slide" showing the wind turbine farm. That's possible in this amendment, but requires a Conditional Use Permit. Okay. The purpose of the regulations is we want to promote energy conservation. Wind is, of course, a renewable energy source and we want to make that available. At the same time we want to minimize the visual, safety and the environmental impacts of wind turbines. Wind energy conversion systems free standing. One of these towers is allowed by right in the districts listed there. The Agricultural Districts, in the larger residential districts, R-40 down to R-15, 15,000 square foot lots, also in the General Business Districts, B-1, B-IA and B-2. Not in the specialized commercial districts like B-3A for Town Center. And they are allowed in both of the III I Item #15 City of Virginia Beach Page 2 industrial districts. If you want to have more than one free standing tower, you need a Conditional Use Permit, and two or more are allowed with the Use Permit in the districts listed there; the Agricultural Districts and only in the R-40 Residential District, just on the very largest residential lots in town, in the B-1, B-IA and B-2, and of course, in both industrial districts. In the P-l District, and the 0-1 and 0-2, the Office Districts to put any type of a free standing system, one or five, you have to have a Use Permit. Roof mounted systems are less intrusive. So the ordinance is more lenient there. And one is allowed by right in all of those districts listed on that slide, Agricultural, all of the Residential Districts, the Hotel District, the Office Districts, all of the commercial districts, industrial, and all three of the Resort Tourists Districts. There is a lot of wind at the oceanfront and we hope there will be many of these mounted onto hotels at the oceanfront. If you want to have more than one wind turbine on your roof, that takes a Conditional Use Permit in the districts listed there on that slide. And in the P-l District, any roof mounted system would require a Use Permit. And we have a picture of an office building that shows a whole row of wind turbines roof mounted and how that might look. Alright. You have some requirements. If you're going to go through the Conditional Use Permit process you need a site plan. You need certification that the building code requirements are met, and that the structure meets the structural integrity. You need elevations showing what the tower is going to look like, and even if you don't need a Conditional Use Permit, if you only want to put up one of these by right, you have to submit all this information with your building permit application. Karen Prochilo: Karen, it's on the screen now. Karen Lasley: Okay. Do you want to go to minimum lot area? Show the picture because they don't show up very well on the printed copy. Okay. That is the free standing (pointing to PowerPoint) horizontal axis. That's the vertical axis, also free standing. There are a couple of those. That's the new type of tower that this amendment now allows. Okay. You can just go over to the minimum lot area slide. I don't know what number it is. Sorry. Janice Anderson: Karen, what is the height restriction on those? Karen Lasley: Okay. We have a slide on that in a few minutes. Janice Anderson: Okay. Karen Lasley: Lot area, if it is not residential, you need 40,000 square feet for one free standing tower, and 20,000 square for each beyond one. In excess of one, for a roof mounted, you just have to meet the minimum lot size for each district. With a Use Permit though, you can vary minimum lot size. If you have a real small property and still want to erect a tower, you can come in for a Use Permit. Here are the setbacks for free standing towers. The tower has to be at least 110 percent of the height from the property line or from the right-of-way. So, if you want to put a 35 foot tower, you have to have a 38.5 foot setback from your property lines. You can't be any closer to any residential structure or overhead utilities than 110 percent, again. Everything that I have in red is what we changed from last time. That used to 130 percent, which doesn't work for the Item #15 City of Virginia Beach Page 3 vertical axis turbines. So, now this works. Then everything has to meet the required setbacks for your district. Okay. Here is height. The height regulations of the underlying zoning district have to be met. In residential, usually the height is 35 feet, so you have to meet that. For free standing and roof mounted, the ordinance clarifies how we measure height, and that is of course to the top of the blade. Roof mounted turbines may project eight feet above the roof line so if you want to put one of these on your home, and you have a 35 foot height limit, you can go up eight feet up to 43 feet. Minimum rotor clearance is 25 feet for horizontal axis, and ten feet for vertical axis turbines. That was a change that allows for those vertical turbines. Here are some other regulations. No signs on the wind turbines. We don't want any LED signs up there spinning around. The towers all have to be monopole unless another type is allowed by Use Permit. If you want a lattice tower out on the farm and you think a lattice is appropriate, you can apply for a Use Permit for that. There is a maximum noise limit on them. They cannot be lighted. They cannot be lighted unless the FAA requires it and they have to be sited to minimize shadowing and flickering. The electrical wires and everything have to be underground or otherwise hidden. They have to have a braking system that engages in accordance with the manufacturers specifications. That was the other change that we made since you saw this last time because of some of them the manufacturer requires them to brake at 45 mph or some at 35 mph. They are all a little bit different and we agree they should comply with the manufacture's standards. They know best on that. This slide shows the shadowing effect that we're going to try to minimize. I think that is all the slides that I have. That was kind of quick. Are there any questions? Did you have any speakers? Janice Anderson: Yes. Karen Lasley: Okay. I'm sorry. There is another slide that fell off of mine. Inspections are conducted every two years for compliance. They have to submit a report to the Planning Director and if a turbine is not used for one year, it has to come down. Karen Prochilo: Thank you. Janice Anderson: Question? Donald Horsley: Question. Janice Anderson: Ron first. Ronald Ripley: Two questions. One is about safety, hurricanes and storm events. What kind of caution is built into it? I guess it's a technology question. Karen Lasley: That's the braking system. If the winds become too high, the turbine shuts down and doesn't keep spinning. Ronald Ripley: It has a mode where it will just lock down. It can withstand a hurricane? III I Item #15 City of Virginia Beach Page 4 Karen Lasley: It can withstand the wind. Yes. Structurally, that would be part of the structural integrity certification that has to be submitted. Bill Macali: That is also the reason for the setbacks, the 110 feet so if it falls it doesn't hit anyone. Ronald Ripley: The second question and I noticed there is no "A" zoning in here. Karen Lasley: Apartment? Ronald Ripley: You eliminated apartments and looks like if you stand away from the urban, you will eliminate mixed use? How did we do this? There are big benefits here. Karen Lasley: They are allowed in the mixed used. Among staff we debated a lot on which districts were appropriate and which they weren't, and this is kind of our first shot at it. I think we're thinking we'll see how this works, and how they fit into the City. Ronald Ripley: I'll give you an example. A parking garage. It takes a lot of energy to light an apartment garage. It would be a big benefit to the supplemental energy for that, and that would certainly be in a residential zone in an urban environment. It's a practical example that comes to mind. I think the ordinance is well written. I just noticed that when I read it there was nothing in there that covered it. Karen Lasley: The Apartment Districts were left out. Ronald Ripley: A lot of your apartment zones also have land areas that really are suitable. They are away from buildings or whatever your concerns that fall onto a building. There is usually meaningful open space and a lot of times meaningful open space in multi-family. It just seems were omitting a segment, and we're really omitting a segment that would probably produce more energy than a single-family. Karen Lasley: I love it. The more, the better for me. Mr. Macali, do you have an objection to that? Bill Macali: The reason we did it is because it is something that is entirely new. It has never ever been seen before in Virginia Beach. And most other places in the whole country, and especially in Virginia. We thought that if we started a little bit on the conservative side, it is not really that conservative an ordinance because it came into residential areas and all of these other areas. Most urban areas, as well that if it were a success and the problems weren't great, we would probably expand the advent of the ordinance to include at least some apartment districts, possibly all of them and maybe more by-right things like that, but we did want to start a little bit on the conservative side just to see how it went because you could always add stuff later on. If somebody puts a bunch of wind mills up by-right and then you change the ordinance because you think you were too liberal, you're stuck with it. Item #15 City of Virginia Beach Page 5 Ronald Ripley: I think you could apply for a Conditional Use Permit if you wanted that control. I appreciate what you're saying but it seems like you wouldn't want to foreclose that segment because they usually have more means in which to do things like this, and the is financing that is going to be available, green type funds or whatever that gives them an axis, and they may want to for whatever reason. They might get a better interest rate. Those types are being made available for need properties, properties that meet environmental and benefit the environment. So, I would encourage that just, to add that in the multi-family. Add it as a Conditional Use Permit so you would have control so you want to make sure. Karen Lasley: Free standing and roof mounted use Permit in "A" Apartment Districts. Ronald Ripley: I would appreciate that. Karen Lasley: Good! Janice Anderson: Phil. Phil Russo: I just have a question about the practicality as we presently stand. Does Planning have any knowledge about the technology on this? It seems from what I read that right now we're probably at a point where it is probably going to cost about equally the amount of the useful life of the product. What is the cost benefit of it? Karen Lasley: Right. It doesn't pay right now. But I still have at least a dozen people that call all the time, that want to do this just because they think it is the right thing to do. They are environmentally conscious. Phil Russo: Well, I was wondering perhaps if staff was aware of the technology that is out there. Because I don't think we're going to see a pleather of these things out there right now but with the increase in technology a few years from now are we going to see probably things that will make those things look archaic. Karen Lasley: No. Bill Macali: We could well. No one knows. That is the thing. Karen Lasley: Right now, the School Board wants to put one up at their new maintenance facility, so I think that will probably be our first. They are industrial so they would be able to do it by-right under this ordinance. That will be one of the first to go up. Janice Anderson: David had a question and then AI. David Redmond: A couple of quick things. Just to follow up on what Ron said. I imagine the economics probably wouldn't work, but if you got some sort of money probably some other source, federal, state or local or whatever, then maybe it would mitigate if it you were in a condo. You can do three of those or four of those or whatever III I Item #15 City of Virginia Beach Page 6 works, and sell it back to the power company then you can mitigate. You would have a revenue stream that could therefore conceivably reduce your condo association fees. It is an exciting prospect. I think down the road I would think in a lot of these multi-family have a lot less of multi-family in Virginia Beach or across the United States. I'm sure that technology is going to grow and change with leaps and bounds. I don't know if you know the answer to my next question Karen, if someone does build or Bill shout it out. I thought you were required to sell any kind of power like that back to the power company. Can you have some sort of cell in your home or in a place of business that stores and then you use it? Bill Macali: There is this program that the State Corporation Commission operates called "Net Energy Metering". I you set it up to meet all the requirements the electric company is required to buy it from you. You are not necessarily required to sell it to them but if you have access they are required to exactly pay you for your electricity. I don't think that is going to be the case in a whole lot of systems just because you have to have a pretty big system to be able to do that. In a home system, it certainly wouldn't be because you really need a lot of these things to be able to create enough power to pay for all of your needs. David Redmond: Okay. Thanks. Bill Macali: But there is that requirement that you can sell it back to the electric company. David Redmond: Thank you. Janice Anderson: AI. Al Henley: Just for information. I have a question on inspections. Imagine that? Karen Lasley: Inspections? Al Henley: If anyone is interested in this, there is a lot of interest. I visited Edenton, North Carolina some months ago and we went to a farm. It is an agricultural industry obviously, and it sits on a real pleasant atmosphere. It is an old plantation that has been restored. But they have one of the largest photocell energy collecting farms in North Carolina. And of course, they have a fairly large one. It looks like a utility shed if you will but it stores this energy, and they can sell that back to the power company. If anyone is interested there is a website. You can find that out. My question is on the inspections. Are the inspections performed by the industry or is it performed by city inspections. Karen Lasley: By the industry and then it is sent to the City for review. Al Henley: That is what I assumed. Also with the new technologies coming in and not knowing what the towers or the manufacturer units are made of a lot of stainless steel, some are fiberglass and so forth, being that we're living in a salty environment, corrosion and especially with the metallic material would become very corrosive and dangerous, so Item #15 City of Virginia Beach Page 7 I'm assuming that is one of the elements that the industry will be checking because of the corrosive environment that we live in. Bill Macali: That is true. This area is one of the best areas on the east coast for wind. As you know, they are contemplating building one out in the ocean. Obviously, the corrosion from the salt area and the water is a concern so they have addressed that. Al Henley: There are a lot more intelligent people than I am that are inventing this technology, so I'm sure they looked into that. I just wanted to question it. Thank you. Janice Anderson: Gene. Eugene Crabtree: Comment. The question was asked if anyone on the staff have information on this as far as cost and projected and all. I think that Clay Bernick has all of this information because we looked into alternative energy. As Al knows, as part of the Comprehensive Plan and Clay researched this, and I think Clay has all of this information as far as type, cost, where it can be information on this. So there is someone on staff. Karen Lasley: I have a lot sitting in my drawer. Eugene Crabtree: There is someone on staff that is on top of this, Clay, in his position as the Environmental individual in the Planning Department. Janice Anderson: Thank you Karen. Karen Lasley: Thank you. Janice Anderson; Do you have speakers? Donald Horsley: Okay. Our first speaker is Jeremy Hayes. Jeremy Hayes: Good afternoon. Janice Anderson: Welcome. Jeremy Hayes: My name is Jeremy Hayes. I'm the President of Skyline Turbine and I'm here in support of this ordinance. I would also like to offer that I am considered by a lot of Zoning Offices already to be the professional and should you all have any other questions, I know the answers to many of them that have just been asked. I would be happy to answer any questions. Janice Anderson: Thank you for coming down here today. Are there any questions of Mr. Hayes at this time? Go ahead Jay. Jay Bernas: What is the minimum wind speed that makes this economical? "11 Item #15 City of Virginia Beach Page 8 Jeremy Hayes: Typically about 12 mph. It is lowering everyday with new technologies. Janice Anderson; Just a quick question. We saw those examples here. Are they changing at a rapid pace? Jeremy Hayes: The equipment itself seems to change somewhat quickly. All of the basic apparatuses are, as and have been described horizontal and vertical axis turbines. To answer another question about the technology and corrosiveness, just about every maker on the market has some aspect of either designed specifically for marine environment or is entirely graded for any environment. Janice Anderson: Okay. Go ahead Jay. Jay Bernas: For the rooftop mounted or the household wind turbines, what is the wind return period for what it can withstand, like a 50 year return period or like, I'm talking about hurricanes. 50 year or 100 year return period before the braking system fails? Jeremy Hayes: For braking, I'm not quite clear. Jay Bernas: You know, like when the braking engages like at 45 mph, what are they rated relative to hurricanes when the winds start blowing? Jeremy Hayes: Most of them are rated at somewhere around 140. Many others are at 150 mph. Quite a few them have been survived in all sorts of extreme environments much worse than we have here. Model (inaudible) for instance is used as the energy production source for base camp at Mount Everest. Many other of their turbines in particular have been in the Polynesian Islands in other areas in service for 20 years, and have survived multiple typhoons of 140 to 150 mph winds. Janice Anderson: Go ahead David. David Redmond: A quick question. I don't want to hold us up, but ifI'm mounting a roof top unit, how do I mount it. Do I just mount it right into the sheeting or into the rafters or underneath the sheeting? How is that done? Jeremy Hayes: There are really only a couple of units that are on the market currently that are suitable for mounting on a roof, and they are small brackets, really nothing terribly more so than a roof bracket that expanses the actual ridge. There are only a couple of models that are small enough to be mounted without other engineering. Those models themselves typically can generate about 400 watts or less. Maybe it might approach the lighting use of a residential home. A lot of them are even installed by homeowners, very simple installations. What we focus on more would be units that are capable of powering an entire home, and or reclaiming the electricity that would be brought from the grid and putting it back, more or less zeroing out somebody's energy use. David Redmond: But you can't do much with a little rooftop unit? Item #15 City of Virginia Beach Page 9 Jeremy Hayes: No. David Edmond: You're talking then about a pole or something like that? Jeremy Hayes: Right. Most of the units that will produce that much power will either be a monopole mount on the ground a roof top mounted apparatus that must be engineered and secured to more less the super frame of the building. David Redmond: Okay. Thank you. Janice Anderson: Okay. Jay. Jay Bernas: One last question. Janice Anderson: I know you like this. Jay Bernas: What is the easiest way for a homeowner to know what they're wind speeds are at the 30 to 35 feet, whatever their rooftop is, without having to go through an anemometer measure for 12 months, and run the calculations against the power curve Jeremy Hayes: To give you a basic idea, there are many wind maps available. One that we promote and we would ask people to use is something called "First Look". It is widely available and a free resource. That would give you a pretty good idea. When it comes right down to it individual locations even as much as a few 100 feet apart quite frequently can have a 4, 5 or 6 mph difference, and that much of a difference can put somebody in a wind reign that allows them to overcome at least half of their electricity bill. It is sometimes important to look for those specific avenues. Examples of things like that would be closer to the beach front where there are obviously wind tunnels that come through the larger buildings. In this area, you're probably going to have a little bit more on the cost range due to the vast amount of area the wind speed can increase. Many of the other situations will actually decrease the overall wind speed and are not capable of being looked at right now. I do have some anemometers up just so that when people show up a wind resource is valuable, close to bottom of those valuable layers, and they want to know if they are above or below it before they engage in something. We typically do an anemometer mounting for at least two months and then extricate the data for the entire year based on what their difference is to the overall average. Janice Anderson: Are there any other questions? Thank you very much. Jeremy Hayes: You're quite welcome. Donald Horsley: John McClung? Erin McFarland: He just wanted to be here to support the ordinance. Janice Anderson: Okay. We'll put his name underneath. Are you going to go grab him? III I Item #15 City of Virginia Beach Page 10 Erin McFarland: He just wanted to support it. Janice Anderson: Okay. Donald Horsley: Okay. How about John Schmidt? John Schmidt: I'm just here to support as well, and I represent Skyline Turbines. Donald Horsley: How about Erin McFarland. Erin McFarland: Same thing. I'm in support. Donald Horsley: Same thing. Janice Anderson: Thank you all for coming. Donald Horsley: Thank you all. That is it Madame Chairman. Janice Anderson: Okay. I'll open it up for discussion. Jay? Jay Bernas: I would like to applaud staff for bringing this forward because I think it really moves Virginia Beach into the alternative energy world, and looking at renewable energy. That is where we're going. My only comment is for City Council to consider designating a staff person or enhancing their website because this is very complicated. And it is a lot of money for people to be doing it. There is a lot of money out there to get. There are a lot of stimulus funds. There are 30 percent buy down grants. There are all of these energy grants available from the government. Understanding what a power curve and what an anemometer is can be very overwhelming; so, I would encourage City Council to consider through either education through the website, in conjunction with hopefully if they pass this ordinance or designating a staff member to help residents navigate through this because I think it is very valuable. It is another piece of the puzzle to get off our dependence on foreign oil. Janice Anderson: Very good. Gene? Eugene Crabtree: Someone in the Planning staff and all that works with what Clay is already doing, to some extent what Jay has just recommended, assisting people, and on top of all ofthis, am I correct in that? I know that we don't have anybody designated per say. I know we talked about this I know when we talked about alternative energy sources. Karen Lasley: The city is investing a lot more resources in that area. I can't say definitely right now we're going to be able to do that. Jack, do you want to add anything? Eugene Crabtree: Clay is the only one I know and his staff. Item #15 City of Virginia Beach Page 11 Jack Whitney: Clay and other members of the staff from a technological and green ribbon kind of bigger picture perspective, and Karen and other members of staff from a regulatory perspective. Eugene Crabtree: But they are available to assist the public if necessary. Right? Janice Anderson: David? David Redmond: I just sort of want to amplify what Jay said. I hope we have the good sense to continue try to be at the forefront of this. Too often, I think a lot of these green initiatives get caught up with the wackos in Hollywood and I just seem not to trust. But there is something very real here off the coast and in lots of other places, and if we could continue to be a real leader in this sector, it will define us in ways that I think most any community in the United States would like to be defined but at the same time we accomplish a lot of the objectives that Jay sorted hinted at, so I appreciate all the work you did. I hope that when you look around the Commonwealth of Virginia, we're the jurisdiction other folks look at and say, "wow we have to follow what Virginia Beach did, those are the guys who really know, let's get a hold of them". Then I move approval of the ordinance. Janice Anderson: A motion by David Redmond. Does this motion include the addition of the "A" Apartment Districts for free standing and roof mounted energy conversion systems? David Redmond: I understood that you wanted to sort of hold back on that. Bill Macali: That is just what we proposed to the Commission. If the Commission feels like it wants to add Apartment Districts, we could certainly do so. That is not an issue. We just need to know exactly what you had in mind, which I understand to be, not allowing them by-right but only by Conditional Use Permit. Even one would require a Use Permit in an Apartment District. Ifthat is correct, we can make that change? David Redmond: Are you comfortable with that Ron? Ronald Ripley: Yeah sure. David Redmond: Okay. Janice Anderson: Yes. Okay. So, by Conditional Use Permit? David Redmond: Correct. Phil Russo: Second. Janice Anderson: A second by Phil Russo. III I Item #15 City of Virginia Beach Page 12 Ronald Ripley: If it is determined later that there are some by-right uses, like they say, you can tweak the ordinance but I think having it in there opens the door up for additional energy savings whether you have to go through the public process or not. Janice Anderson: Yes. 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 ordinance for wind turbine energy systems. 1 ALTERNATE VERSION 2 3 4 AN ORDINANCE TO ESTABLISH CITY ZONING 5 ORDINANCE REGULATIONS PERTAINING TO WIND 6 ENERGY CONVERSION SYSTEMS, INCLUDING 7 DEFINITIONS, APPLICATION REQUIREMENTS, 8 LOCA TIONAL AND OTHER REQUIREMENTS, AND 9 ZONING DISTRICTS WHERE PERMITTED 10 Sections Amended: City Zoning Ordinance Sections 111, 11 202,301,401,501,601,701,801,901,1001,1501,1511 12 and 1521 13 14 Sections Added: City Zoning Ordinance Sections 209 and 15 242.5 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 That Sections 111,202,301,401,501,601,701,801,901,1001,1501,1511 and 23 1521 of the City Zoning Ordinance, pertaining to wind energy conversion systems, are 24 hereby amended and reordained, and new Sections 209 and 242.5 are hereby added, to 25 read as follows: 26 Sec. 111. Definitions 27 28 Wind energy conversion system. Any device. such as a windmill. wind turbine or 29 wind charoer. that converts wind eneroy into electricity. includino the rotors. nacelles. 30 oenerators. towers and associated control or conversion electronics. 31 32 Wind enemy conversion system. freestanding. A wind eneroy conversion system 33 other than roof-mounted. 34 35 Wind enemy conversion system. roof-mounted. A wind eneroy conversion syStem 36 affixed to the roof of a buildino or other structure. 37 38 39 COMMENT 40 41 The ~tion defines wind energy conversion systems and classifies them as either freestanding 42 or roof-mounted. 43 , I 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 I III I Sec. 202. Height regulations. (a) Whenever height limits for buildings and other structures are established, no portion of any building or other structure shall extend above such height limits, except residential chimneys, line of sight relaying devices communication towers, broadcasting towers, radio or television antennas, spires, flagpoles, water tanks, roof-mounted wind energy conversion systems or monuments otherwise approved for erection; provided, however, that smokestacks may also extend beyond such limits, if they do not exceed in height the distance to the nearest lot line; and further provided that one tower for purposes of an amateur radio station operation, which may contain multiple antennas, may extend beyond said height limits but shall not exceed ninety (90) feet in height above ground elevation. (b) No artificial structure or tree or other natural growth which on the basis of its height would constitute an obstruction to air navigation pursuant to Part 77 of the Federal Aviation Administration Regulations, 14 C.F.R. ~~ 77.21 et seq. shall be allowed in any district. The director of the department of planning shall prepare a map delineating geometric specifications and height limitations for protecting navigable airspace in compliance with Part 77 of the Federal Aviation Administration Regulations, 14 C.F.R. ~~ 77.21 et seq. COMMENT The amendment aDows roof-mounted wind energy conversion systems to exceed the height limits otherwise applicable in the various zoning districts within the City. The proposed Section 242.5, which appears immediately below, contains independent limitations on the height of wind energy conversion systems, both roof-mounted and freestanding. The amendment on Line 48 is a technical correction that replaces the term "line-of-sight relaying devices" with the currently-used term, "communication towers." It is not related to the regulation of wind energy conversion systems. Sec. 209 Wind Energy Conversion Systems. (a) Puroose. The purpose of this section is to promote the use of renewable enemy sources by allowina wind eneray conversion systems in appropriate locations while minimizina visual. safety and environmental impacts and promotina the safe. effective and efficient use of such systems. (b) Application reauirements. (1) Conditional use permit applications. In addition to the information reauired bY Section 221. applications for a conditional use permit for a wind enemy conversion system shall include the followina items: (A) A site plan or plan drawn to scale. showina the location. heiaht and desian of the proposed system. includina any 2 91 accessory buildings or other appurtenances. adiacent land 92 uses. and any other applicable information reauired by the 93 Planning Director; 94 95 (B) A certification from a professional engineer licensed in the 96 Commonwealth of Virginia that the proposed system complies 97 with all applicable reaulations and reauirements of the Viminia 98 Uniform Statewide Building Code and Federal Aviation 99 Administration; 100 101 (C) A certification from a professional engineer licensed in the 102 Commonwealth of Virginia that the structure upon which the 103 proposed wind energy conversion system is to be mounted 104 will have the structural intearity to carry the weight and wind 105 loads of the wind enemy conversion system and have minimal 106 vibration impacts on the structure; and 107 108 (D) Elevation drawings. computer-aenerated photoaraphic 109 simulations. or such other documentation as the Planning 110 Director may reauire that depict how the proposed wind 111 energy conversion system. including accessory buildinas. will 112 appear as constructed on the proposed site; provided. 113 however. that this reauirement shall not apply if the proposed 114 wind enerpy system is allowed as a principal use. 115 116 (2) Bui/dina oermiVsite deve/ooment o/an aoo/ications. In addition to 117 information otherwise reauired by ordinance. applications for building 118 permits or site development plans shall include the information 119 specified in subdivisions (At (B) and (C). 120 121 (c) Lot area. setback. heiaht. etc. reauirements. Wind energy conversion 122 systems shall be subiect to the following reauirements: 123 124 (1) Lot area. Minimum lot area reauirements for wind enemy conversion 125 systems shall be as follows: 126 127 (A) For freestanding wind energy conversion systems outside of 128 Residential Districts. forty thousand (40.000) sauare feet plus 129 an additional twenty thousand (20.000) sauare feet for each 130 such system in excess of one (1 ); 131 132 (B) For roof-mounted wind energy conversion systems. the 133 minimum lot area specified in the district regulations; and 134 135 (C) For wind energy conversion systems allowed as a conditional 136 use. the City Council may approve an application in which the 3 I III I 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 subiect properlY fails to meet the soecified minimum lot area reQuirements upon a findino that the proposed system is of such size or in such location. or that the conditions attached to the conditional use permit are sufficientlv restrictive. that the deficiency in lot area will not result in any adverse effects upon surroundino properties. The Plan nino Director shall include in his report to the Plannino Commission the specific factors. if any. that would support the orantino of a conditional use permit on lots that fail to meet the minimum lot area reQuirements of this section. (2) Setbacks. (A) No tower in any freestandinQ wind enerov conversion syStem shall be located closer to any properlY line or public right-of- way than a distance eaual to one hundred ten per cent (110%) of the heioht of the tower or the setback specified in the applicable district reQulations. whichever is oreater. or closer to any residential structure or overhead utility transmission line than a distance eaual to one hundred ten per cent (110%) of the heioht of the tower. (B) No support structure of a freestandino wind enerov conversion svstem. includino ouv wires. shall be located in any reauired front yard or any reQuired side yard adiacent to a street. (3) Heiaht. (A) Unless otherwise specified in this section or the conditional use permit. wind enemy conversion syStems shall be subiect to the heioht reQulations of the zonino district in which they are located: provided. that in no event shall the heioht of any such svstem exceed that recommended bv the manufacturer. (B) The heioht of a freestandino wind enemy conversion system shall be measured as the distance from oround level to the hiohest point on the tower. includino the verticallenoth of any extensions such as rotor blades. The heioht of a roof-mounted wind enemy conversion system shall be measured as the distance from the point at which the base of the system is attached to the buildino or the lowest point of any component of the wind enerov conversion syStem. whichever is lower. to the hiohest point on the wind enerov conversion system. including the vertical lenoth of any extensions such as rotor blades. 4 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 (e) Notwithstandino any contrary heiaht limitation specified in the district reoulations. roof-mounted wind enemy conversion systems may proiect a maximum of eight (8) feet above the roofline of the structure on which they are located unless a greater height is allowed by the conditional use permit. (D) The minimum rotor clearance of freestanding wind enerav conversion systems shall be twenty-five (25) feet above ground level for systems incorPoratina horizontal-axis turbines and ten (10) feet for systems incorPoratino vertical-axis turbines. (4) Sianaae. No signaae. other than safety and wamina sions. shall be allowed. (5) Tower construction. All freestandino towers shall be of monopole construction. without auv wires or visible anchors. unless allowed bv the conditional use permit. (6) Noise. The hiahest level of noise oenerated bv the system. as measured at any adioinina property line. shall not exceed an A- weighted decibel level of 55 dB(A). (7) Illumination. No portion of a system shall be illuminated unless reauired bv the Federal Aviation Administration. (8) Sitina. Systems shall be sited in a manner to minimize shadowina and flickerina effects on any adjacent property. (9) Electrical connections. All electrical controls. control wiring and power lines shall be located underground or otherwise hidden from view. (10) Brakina. All systems shall be eauipped with a redundant bra kina system that enaaoes at wind speeds in accordance with the manufacturer's specifications so as to minimize the potential for wind damaoe to the system or its supportinq structure. (11) Unless otherwise reauired bv the Federal Aviation Administration or other aovemmental authority or allowed bv the conditional use permit. all portions of a wind enemy conversion system shall be of a non-reflective white. black. oalvanized steel. aluminum or other matte-finish color desianed to blend with the surrounding environment: provided. however. that blades may be painted black to facilitate deicing. Where more than one system is located on a lot. all such systems shall be of a uniform appearance. 5 III I 228 229 230 (d) InsDections. All wind enerav conversion systems. includina all associated 231 eauipment. shall be inspected every two (2) years to ensure compliance with this section 232 and the conditional use permit. The report of such inspection shall be provided to the 233 Plannina Director. 234 235 (e) Discontinuance. Anv wind eneray conversion system that is not in use for a 236 period of one (1) year shall be removed within ninety (90) days after notification bv the 237 Plannina Director. 238 239 CO~NT 240 241 Subsection (a) [lines 78-81] states that the purpose of the wind energy system section is to 242 promote energy conservation by allowing wind energy conversion systems whDe minimizing the 243 safety, visual and environmental impacts of such sY{Jtems. 244 245 Subsection (b) sets forth the conditional use permit application requirements [lines 83-114] 246 and requirements for site plans and building permit applications [lines 11"'119]. 247 248 Subsection (c) [lines 111-227] sets forth requirements pertaining to lot area, setbacks, height, 249 structural standards, lighting, signage, noise, appearance, shadowing/fliekering, electrical 250 connections and braking. 251 252 Subsection (d) [lines 227-230] requires an inspection every two years and submission of the 253 inspection report to the Planning Director. 254 255 Subsection (e) [lines 232-234] requires the removal ofthe system ifit is not used for one year. 256 257 258 Sec. 242.5. Wind energy conversion sYStems. 259 260 In addition to aeneral reauirements. wind enerav conversion systems shall be 261 subiect to the provisions of Section 209. 262 263 COMMENT 264 265 The section provides that wind energy conversion systems allowed as conditional uses shall be 266 subject to the provisions of Section 209 of the City Zoning Ordinance. 267 268 269 Sec. 301. Use regulations [Preservation District]. 270 271 (a) Principal and conditional uses. The following chart lists those uses permitted within 272 the P-1 Preservation District. Those uses and structures shall be permitted as either principal 273 uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than 274 as specified shall be permitted. 275 6 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 USE P-1 Wind enemy conversion systems. freestandina c Wind eneray conversion systems. roof-mounted c COMMENT The amendments allow freestanding and roof-mounted wind energy ~onversion systems (WECS) as conditional uses in the P-l Preservation District. Sec. 401. Use regulations [Agricultural Districts]. (a) Principal and conditional uses.' The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Wind enerQy conversion systems. freestandina. except as provided below P P Wind enemv conversion svstems. freestanding. in excess of one (1) C C Wind eneray conversion systems. roof-mounted. except as provided below P P Wind eneray conversion systems. roof-mounted. in excess of one (1) C C COMMENT The amendments allow one freestanding wind energy conversion system (WECS) and one roof-mounted WECS as principal uses in the AG-l and AG-2 Agricultural Districts. Two or more su~h systems are allowed as conditional uses. 7 I III I 312 313 Sec. 501. Use regulations [Residential Districts]. 314 315 (a) Principal and conditional uses. The following chart lists those uses 316 permitted within the R40 through R-2.5 Residential Districts. Those uses and structures 317 in the respective residential districts shall be permitted as either principal uses indicated 318 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 319 "X" shall be prohibited in the respective districts. No uses or structures other than as 320 specified shall be permitted. 321 322 Use R-40 R-30 R-20 R-15 R-10 R- R- 7.5 5D R- R-5S R-2.5 5R Wind eneray conversion systems. free- p p p p X X X X X X standina. exceot as orovided below 323 Wind eneray " 324 conversion 325 systems. 326 freestandina. 327 in excess of 328 one (1) C ~ X X X X X X X X 329 330 Wind eneray 331 conversion 332 systems. 333 roof-mounted. 334 exceot as orovided 335 below P P f p p p p p f X 336 337 Wind eneray 338 conversion systems. 339 roof-mounted. 340 in excess of 341 one (1) C C C C C X ~ X ~ ~ 342 343 344 COMMENT 345 346 The amendments allow one freestanding wind energy conversion system (WECS) as a 347 principal use in the R-40 through R-15 Residential Districts. Two or more such systems are allowed 348 as conditional uses in the R-40 District. One roof-mounted WECS is allowed as a principal use in 8 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 the all Residential Distriets exeept the R-2.S Residential Townhouse Distriet. Two or more sueh systems are allowed as conditional uses in the R-40 through R-IO Residential Districts. Sec. 601. Use regulations [Aparbnent Districts] (a) Principal and conditional uses. The following chart lists those uses permitted within the A-12 through A-36 Apartment Districts. Those uses and structures in the respective apartment districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use A-12 A-18 A-24 A-36 Wind enemy conversion systems. freestandina c c c c Wind eneray conversion systems. roof-mounted c c c c COMMENT The amendments allow freestanding and roof-mounted wind energy convenion systems as a conditional use in all Apartment Districts. Sec. 701. Use regulations (Hotel District] (a) Principal and conditional uses. The following chart lists those uses permitted within the H-1 Hotel District. Those uses and structures in the district shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses or structures other than as specified shall be permitted Use H-1 Wind enemy conversion systems. roof-mounted. exceot as orovided below f Wind enemy conversion systems. roof-mounted. in excess of one (1) oar orincioal structure c 9 III I 398 COMMENT 399 400 The amendments allow one (1) roof-mounted wind energy conversion system (WECS) as a 401 principal use in B-1 Hotel District and more than one such WECS per principal structure as a 402 conditional use in the district. 403 404 405 Sec. 801. Use regulations [Office Districts]. 406 407 (a) Principal and conditional uses. The following chart lists those uses 408 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the 409 respective office districts shall be permitted as either principal uses indicated by a "P" or 410 as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 411 prohibited in the respective districts. No uses or structures other than as specified shall 412 be permitted. 413 USE 0-1 0-2 C C f f C C ---oj Wind enemy conversion systems. freestandina Wind enemy conversion systems. roof-mounted. exceDt as Drovided below Wind enemy conversion systems. roof-mounted. in excess of one (1) 414 415 416 COMMENT 417 418 The amendments allow freestanding wind energy conversion systems (WECS) as a 419 conditional use in the 0-1 and 0-2 Office Districts. They also allow one (1) roof-mounted WECS as a 420 principal use in the district and more than one WECS as a conditional use. 421 422 423 Sec. 901. Use regulations [Business Districts]. 424 425 <a> Principal and conditional uses. The following chart lists those uses pennitted within 426 the B-1 through B-4K Business Districts. Those uses and structures in the respective business 427 districts shall be pennitted as either principal uses indicated by a "P" or as conditional uses 428 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective 429 districts. No uses or structures other than as specified shall be pennitted. 430 USE B-1 B- B-2 B-3 B- 1A 3A B-4 B- B- 4C 4K 431 Wind enemy conversion systems. 432 freestandina. exceDt as Drovided below f f f ~ ~ ~ X X 10 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 Wind enemy conversion systems. freestandina. in excess of one (1) x ~ x x X c c c Wind enemy conversion systems. roof-mounted. except as provided below p f p f p p p f Wind enemy conversion systems. roof-mounted. in excess of one (1) per principal structure c c c c c c c c COMMENT The amendments allow one (1) freestanding wind energy conversion system (WECS) as a principal use in the B-1, B-1A and B-2 Business Districts, and more than one (1) WECS as a conditional use in the same districts. They also allow one roof-mounted WECS per principal structure as a principal use and more than one roof-mounted WECS per principal structure as a conditional use in all Business Districts. Sec. 1001. Use regulations [Industrial Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 1-1 1-2 Wind enemy conversion systems. freestandina. except as provided below p p Wind enemy conversion systems. freestandina. in excess of two (2) c c Wind enemy conversion systems. roof-mounted. except as provided below f f Wind enemy conversion systems. roof-mounted. in excess of one (1) per principal structure c c 11 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 I III I COMMENT The amendments allow two (2) freestanding wind energy conversion system (WECS) as a principal use in the 1-1 and 1-2 Industrial Districts, and more than two (2) as a conditional use in the same districts. They also allow one (1) roof-mounted WECS per principal structure as a principal use and more than one (1) roof-mounted WECS per principal structure as a conditional use in both Industrial Districts. Sec. 1501. Use Regulations [RT -1 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-1 Wind eneray conversion sYStems. roof-mounted. except as provided below f Wind enemy conversion systems. roof-mounted. in excess of one (1) oer principal structure c COMMENT The amendments allow one (1) roof-mounted wind energy conversion system (WECS) as a principal use in the RT-l Resort Tourist District and more than one such WECS per principal structure as a conditional use in the district. Sec. 1511. Use Regulations [RT -2 Resort Tourist Disbict] (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 12 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 Use RT-2 Wind enerav conversion systems. roof-mounted. except as provided below p Wind enemy conversion systems. roof-mounted. in excess of one (1) per principal structure c COMMENT The amendments aBow one (1) roof-mounted wind energy conversion system (WECS) as a principal use in the RT -2 Resort Tourist District and more than one such WECS per principal structure as a conditional use in the district. Sec. 1521. Use Regulations [RT -3 Resort Tourist District] (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT -3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-3 Wind enemy conversion systems. roof-mounted. except as provided below f Wind enemy conversion systems. roof-mounted. in excess of one (1) per principal structure c COMMENT The amendments allow one (1) roof-mounted wind energy conversion system (WECS) as a principal use in the RT -3 Resort Tourist District and more than one such WECS per principal structure as a conditional use in the district. 13 580 Adopted by the Council of the City of Virginia Beach, Virginia, on this 581 ,2009 582 583 584 CA-10821 585 August 26, 2009 586 R-1 14 I III I day of I III M. APPOINTMENTS AGRICULTURAL ADVISORY COMMITTEE BOARD OF ZONING APPEALS - BZA CHESAPEAKE BAY PRESERVATION ADVISORY BOARD HEALTH SERVICES BOARD , I III I N. UNFINISHED BUSINESS , I Agenda 8/9/0951 www.vbgov.com I III I o. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** COMMUNITY SUMMIT MONDAY, OCTOBER 5, 2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C CITY COUNCIL REVIEW OF COMMUNITY SUMMIT THURSDA Y, OCTOBER 6,2009 8:30 AM CONVENTION CENTER - ROOMS 4-D,E Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** III I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/25/09 L PAGE: I D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W 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 IIA BRIEFINGS: GROMMET ISLAND PARK John Uhrin, Council Member - Beach District Bruce Thompson, President - PHR 1ll111/IV / CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y V NI-E SESSION F-I MINUTES INFORMAUFORMAL SESSIONS APPROVED 8-0 Y A Y Y Y Y Y Y A A Y August II, 2009 B B S S T T A A I I N N E E D D I N F 0 R M A L GH-I MAYOR'S PRESENT A nON A KING NEPTUNE XXXVI and HIS Nancy A, Creech, COURT President and CEO Matthew Breitenberg, Chair, Neptune Festival B WESTERN BA YSIDE SUMMER CAMPS Barbara A, Brinson, Youth Opportunities Coordinator Dr. Michael Daniels, Pastor, Enoch Baptist Church CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/25/09 L PAGE: 2 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S J....'. I P E E IE E M I V 0 (; S H L R Y S S N A N r. I-I LEASE OF CITY PROPERTY - 408 ACCEPTED FOR B Y C 0 N S E N S U S Sandbridge Road STAFF Cell Towers at Sandbridge Water Tank Site EVALUATION One Bid: Cingular Wireless, PCS,lLC J-I PUBLIC HEARING: SALE OF EXCESS PROPERTY NO SPEAKERS 224 Roselynn Lane 1461 Bartow Place 400 N, Oceana Boulevard 2 LEASE OF CITY OWNED PROPERTY - NO SPEAKERS 2089 Indian River Road . - K-I PUBLIC COMMENT 9 SPEAKERS BEACH CENTRE North 31" Street between Pacific and Artic A venues UM-I Ordinances to AMEND the City Code: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a !i25-6 reo daily reports by Pawnbrokers!Serondband Dealers/Junk Dealers b !i36-172 to eliminate taxicab hourly rate for waiting time 21 Ordinances DECLARING property to be ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXCESS/AUTHORIZING sale at: CONSENT a 224 Roselynn Lane to Don Danylyk b 1461 Bartow Place to Scot and Allison Willwerth c 400 North Oceana Boulevard to Thomas F. Owens, ill 3 Ordinance to AUTHORIZE Deed ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conveying City's interest in Seatack CONSENT Elementarv School to School Board 4 Ordinance to AUTHORIZE a Lease of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City-owned property at 2089 Indian River CONSENT Road to John Doe "I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/25109 L PAGE: 3 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECf MOTION VOTE A T E 0 N 0 S H U L W 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 5 Ordinance to ACCEPT book collections for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Francis Land House CONSENT 6 Resolution to REFER to Planning ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commission Ordinance AMENDING CONSENT ~II IIADDING ~217 ofCZOre: monument signs/electronic display signs 7 Resolution to AUTHORIZE 1 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y PenonnanceConuactre:CSB CONSENT 8 Resolution to AUTHORIZE Green Jobs ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Alliance Mission/applications for Federal CONSENT Grants re: ARRA 9 Resolution to AUTHORIZE study of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Bikeways/frails Plan re On-Road Bicyde CONSENT Accommodations 10 Ordinance to AUTHORIZE transfer of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y funds re: a Grant match for Fire CONSENT Department 11 OrdinancewACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y StatelFederal Funds to Human Services CONSENT a $120,000 re: investigations on defendants appearing in arraignment coW1 b $47,500 re mental health services assistance in transition from Homelessness c two (2) additional Pretrial Officersl and one (I) Mental HealthlMental Retardation Assistant N-I CHURCH OF JESUS CHRIST OF APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y LA TER-DA Y SAINTS, a COZ from 1-2 PROFFEREDI to Conditional 0-1 at 4873/4883 Bonney CONDITIONED, Road/CUP re: religious facility, BY CONSENT DlSTRICf 2 - KEMPSVIllE 2 HAMPTON ROADS CHURCH OF APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y CHRIST Modification of Condition Nos. CONDITIONED, 112 (approved on February 23, 1999) re: BY CONSENT temporary, portable structures, DISTRICT 7 - PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/25109 L PAGE: 4 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W 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 3 RICHMOND 20MHZ, LLC, dIbIa APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y NTELOS Modification of Condition No, 1 CONDITIONED (approved January 13, 1998) re: extension BY CONSENT of existing tower DISTRICT 7 - PRINCESS ANNE 4 TOWN CENTER ASSOCIATES CUP APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y re: multi-family dwellings at Block 9 in CONDITIONED Town Center, DISTRICT 5 - BY CONSENT LYNNHAVEN 5 ANTHONYCATALDO~ATALDO APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y INDUSTRIES III. L.L.C., CUP re: bulk CONDITIONED storage at 317 Village Road, BY CONSENT DISTRICT 6 - BEACH 6 JENIFER/KELL Y BRITT. CUP re: APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y skateboard ramp at 825 Hanover Drive CONDITIONED DISTRICT 2 - KEMPSVILLE BY CONSENT 7 Ordinance to AMEND ~201 ofCZO re: DEFERRED FOR 11-0 Y Y Y Y Y Y Y Y Y Y setback for piers 60 DAYS (10/27/09, BY u CONSENT O. APPOINTMENTS B Y C 0 N S E N S U S AGRICULTURAL ADVISORY COMMITTEE HEALTH SERVICES BOARD BA YFRONT ADVISORY COMMmEE Appointed David 11-0 Y Y Y Y Y Y Y Y Y Y Y Sparks Stacey Patrick 3 Year Tenns 711109-6/30/12 - . l BOARD OF WNING APPEALS - BZA Reappointed 11-0 Y Y Y Y y Y Y Y Y Y Y H Judith Connors 5 Year Term 1/1/10-12131/1 , I "I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/25/09 L PAGE: 5 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W 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 HAMPTON ROADS ECONOMIC Nominated for 11-0 Y Y Y Y Y Y Y Y Y Y Y ALLIANCE - HREDA Governor's appointment Warren Harris Donald V. JelIig. Stephen R, Romine. Dorothy Wood Two I Year Appointments 1/1/09- I 2/31/09 and 1/1/10- 12/31/10 WORKFORCE HOUSING ADVISORY Appointed Jack 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD Voss 4 Year Term 10/1109-9/30/13 P/Q/R ADJOURNMENT 6:53 PM