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Home My WebLink AboutSEPTEMBER 22, 2009 AGENDA II III CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" OTY COUNOL MAYOR WILliAM D. SESSOMS ,JR., At-Large VICE MA YOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA VIS, Rose Hall - District 3 WILliAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District] BARBARA M. HENLEY. Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUm HODGES FRASER, MMC CITY COUNCIL AGENDA 22 SEPTEMBER 2009 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL'S BRIEFINGS: - Conference Room - 1:30 PM A. LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE Captain William W. Crow, Commanding Officer, Little Creek B. DEVELOPMENT AUTHORITY ANNUAL REPORT Don J ellig, Chairman C. ELECTRONIC BILLBOARDS William Macali, Deputy City Attorney II. CITY MANAGER'S BRIEFINGS: A. FY 2009 UNAUDITED FINANCIAL RESULTS Patti Phillips, Director - Finance B. FIELD HOUSE EMERGENCY SHELTER David L. Hansen, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Chris Bowen St. Michaels Lutheran 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 September 8, 2009 G. FORMAL SESSION AGENDA H. PRESENTATION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION (MEDAC) Rear Admiral Richard Dunleavy, USN Ret. I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY - 408 Sandbridge Road Sandbridge Water Tank J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AWARD a Lease to New Cingular Wireless PCS, LLC on a portion of City property at the site of the Sandbridge Water Tank, 408 Sandbridge Road, re a communications tower and related equipment. II III 2. Ordinances to AUTHORIZE and DIRECT the City Manager to execute: a. Lease for five (5) years with Friends of Ferry Plantation House, Inc. at 4136 Cheswick Lane b. Police Mutual Aid Agreement with the Counties of Accomack, Gloucester, Isle of Wight, James City, Northampton and York, the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg and the Town of Smithfield. c. Franchise Agreement with Ice Masters, Inc., t/a Rink Specialists, re a pilot program to allow an ice skating rink at the 31st Street Park November 9, 2009 through February 22,2010 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned right-of-way for SAMUEL W. ZIMMER to remove an existing block paver wall and a portion of an existing brick walk to construct and maintain a six (6) inch cobblestone curb and modify an existing cobblestone planter at 53-Y2 Street and 5303 Ocean Front A venue. DISTRICT 5 - L YNNHA VEN 4. Ordinance to ESTABLISH the Virginia Beach Field House Emergency Shelter at the Princess Anne Commons Athletic Village which can accommodate an upper level Category Two Hurricane and TRANSFER $425,000 from Constitution Drive Extended to the Virginia Beach Field House Emergency Shelter. 5. Resolution to COMMEMORATE Robert F. "Bob" Hedrick for his service to his country, his community and his successful efforts to build Tidewater "brick by brick" into what it is today. 6. Resolution to REFER to the Planning Commission, for consideration and recommendation, an Ordinance to AMEND S211 of the City Zoning Ordinance (CZO) re political campaign signs. 7. Resolution re the 2010 Community Legislative Agenda and REQUESTING support of same by the City's local General Assembly Delegation. 8. Resolution to REQUEST the Secretary of the Navy to name a Littoral Combat Ship after the City of Virginia Beach (USS Virginia Beach) and REQUEST support of same by the City's local Congressional Delegation. 9. Resolution to AUTHORIZE the City Manager to execute all necessary agreements for an allocation of $1 ,000,000 through the VDOT Revenue Sharing Program to Nimmo Parkway - Phase V-A. 10. Resolution to AUTHORIZE and DIRECT the City Manager to execute an Agreement with Hampton Roads Sanitation District (HRSD) for the relocation of the Witchduck- Kempsville Road force main. L. PLANNING 1. Variance to g4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for COASTAL LIVING BUILDERS, L.L.C./WILLIAM T. KILEY & HELEN R. PAXTON to resubdivide the four (4) lots into two parcels for the development of two single-family dwellings at 800 Greensboro Avenue. DISTRICT 6 - BEACH DISTRICT STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION APPROVAL NO RECOMMENDATION DUE TO A TIE VOTE 2. Application of LOLA L. MORRIS for Modification of Conditions (previously approved by City Council on June 8, 1987) to allow additional low-intensity businesses at 3725 West Stratford Road. DISTRICT 4 - BA YSIDE DISTRICT RECOMMENDA nON APPROVAL 3. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower at 6009 Blackwater Road. DISTRICT 7 - PRINCESS ANNE Deferred on May 26, 2009 RECOMMENDATION APPROVAL 4. Application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re wind energy conversion system (freestanding) at 1677 Harpers Road. DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL 5. Application of ROBERT ARNOLD for a Conditional Use Permit re alternative residential development at Blackwater Road and Shirley Landing Drive. DISTRICT 7 - PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 6. Application of WILLIAM E. and MONA D. GRAINGER for a Conditional Use Permit re a bulk storage yard at 2432 Bowland Parkway. DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL II III M. APPOINTMENTS: AGRICULTURAL ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD HEALTH SERVICES BOARD HISTORICAL REVIEW BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT COMMUNITY SUMMIT MONDAY, OCTOBER 5, 2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C CITY COUNCIL REVIEW OF COMMUNITY SUMMIT TUESDAY, 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 9/22/09gw www.vbl!ov.com Ii ;11 I I I. CITY COUNCIL'S BRIEFINGS: - Conference Room - 1 :30 PM A. LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE Captain William W. Crow, Commanding Officer, Little Creek B. DEVELOPMENT AUTHORITY ANNUAL REPORT Don J ellig, Chairman C. ELECTRONIC BILLBOARDS William Macali, Deputy City Attorney II. CITY MANAGER'S BRIEFINGS: A. FY 2009 UNAUDITED FINANCIAL RESULTS Patti Phillips, Director - Finance B. FIELD HOUSE EMERGENCY SHELTER David L. Hansen, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW II ,II I I 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 4:00 PM VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Chris Bowen St. Michaels Lutheran 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 September 8, 2009 G. FORMAL SESSION AGENDA .tsnluttnu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ..." 'I III H. PRESENTATION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION (MEDAC) Rear Admiral Richard Dunleavy, USN Ret. II :11 I 1,1 II I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY - 408 Sandbridge Road Sandbridge Water Tank i ' I II ill NOTICE OF PUBLIC HEARING. LEASE OF CITY PROPERTY On September 22, 2009, at 6:00 p.m., in the Council Chambers 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 408 Sandbridge Road (Sandbridge Water Tank site), in the Princess Anne District, to New Cingular Wireless PCS, LLC, for the purpose of constructing, maintaining and operating wireless telecommunications facilities. All interested persons are invited to attend. Any Que5tions concerning this matter should be directed to the Department of Public Utilities. MUnicipal Center, Building 2. 2405 Courthouse Drive, Virginia Beach. Virginia. Ruth Hodges Fraser, MMC City Clerk Beacon September 13. 2009 20539275 .. II III 1,1 I 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AWARD a Lease to New Cingular Wireless PCS, LLC on a portion of City property at the site of the Sandbridge Water Tank, 408 Sandbridge Road, re a communications tower and related equipment. 2. Ordinance to AUTHORIZE and DIRECT the City Manager to execute: a. Lease for five (5) years with Friends of Ferry Plantation House, Inc. at 4136 Cheswick Lane b. Police Mutual Aid Agreement with the Counties of Accomack, Gloucester, Isle of Wight, James City, Northampton and York, the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg and the Town of Smithfield. c. Franchise Agreement with Ice Masters, Inc., tla Rink Specialists, re a pilot program to allow an ice skating rink at the 31st Street Park November 9, 2009 through February 22, 2010 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned right-of-way for SAMUEL W. ZIMMER to remove an existing block paver wall and a portion of an existing brick walk to construct and maintain a six (6) inch cobblestone curb and modify an existing cobblestone planter at 53-Y2 Street and 5303 Ocean Front Avenue. DISTRICT 5 - L YNNHA VEN 4. Ordinance to ESTABLISH the Virginia Beach Field House Emergency Shelter at the Princess Anne Commons Athletic Village which can accommodate an upper level Category Two Hurricane and TRANSFER $425,000 from Constitution Drive Extended to the Virginia Beach Field House~ Emergency Shelter. 5. Resolution to COMMEMORATE Robert F. "Bob" Hedrick for his service to his country, his community and his successful efforts to build Tidewater "brick by brick" into what it is today. 6. Resolution to REFER to the Planning Commission, for consideration and recommendation, an Ordinance to AMEND 9211 of the City Zoning Ordinance (CZO) re political campaign signs. 7. Resolution re the 2010 Community Legislative Agenda and REQUESTING support of same by the City's local General Assembly Delegation. 8. Resolution to REQUEST the Secretary of the Navy to name a Littoral Combat Ship after the City of Virginia Beach (USS Virginia Beach) and REQUEST support of same by the City's local Congressional Delegation. 9. Resolution to AUTHORIZE the City Manager to execute all necessary agreements for an allocation of $1 ,000,000 through the VDOT Revenue Sharing Program to Nimmo Parkway - Phase V-A. 10. Resolution to AUTHORIZE and DIRECT the City Manager to execute an Agreement with Hampton Roads Sanitation District (HRSD) for the relocation of the Witchduck-Kempsville Road force main. II ,II I 1,1 I , ~~..~ r:;,.~~~' "'J;.~~ (~. 1i. , ~~ ~ui . c l~t (.i~ .., p-'-" ~ 'j \\1.~ ' ,,"IJ ~..~..;,r~." ~~.r """ \... CITY OF VIRGINIA BEACH AGENDA ITEM ~ Item: Ordinance to Award Lease of Property at 408 Sand bridge Road (Sandbridge Water Tank Site) for a Communications Tower (New Cingular PCS) Meeting Date: September 22,2009 . Background: In June 2009, the City Council directed the staff to seek bids for a lease of a portion of the City property located at 408 Sandbridge Road (Sandbridge Water Tank Site) for a communications tower and related equipment. One bid was received by the City, from New Cingular PCS, LLC. The bid offered a base rent of $13,200 per year and additional rent of $5,400 per year for each co-locator, with annual increases of both base rent and additional rent of 3%. . Considerations: The proposed lease contemplates the construction of a 174' high cell tower, including an osprey perch, at the site of the Sandbridge Water Tank, 408 Sandbridge Road. The material terms of the lease are summarized on the attached Summary of Material Terms. The lessee 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, Summary of Material Terms Recommended Action: Adoption of Ordinance Department of Public Utilities City Manager: II III I 1,1 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 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 408 SANDBRIDGE ROAD (SANDBRIDGE WATER TANK SITE), FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, the Clerk has laid before the City Council an ordinance adopted June 23, 2008 providing for bids for a lease of a portion of the City property located at 408 Sandbridge Road for the purpose of constructing, maintaining and operating wireless telecommunications facilities, together with a certificate of due publication of the same once per week for two successive weeks in a newspaper of general circulation in the City, in the manner prescribed by 'law; and WHEREAS, New Cingular Wireless PCS, LLC has submitted the highest bid for the award of such lease, which bid was delivered to the Mayor in open session on the day and hour named in the advertisement and was read aloud; and WHEREAS, the Mayor then and there inquired for any further bids, and none were submitted; and WHEREAS, in the opinion of the City Council, it is expedient and in the best interests of the City that the said lease should be granted to New Cingular Wireless PCS, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the bid of New Cingular Wireless PCS, LLC be, and hereby is, accepted, and that the aforesaid lease be, and hereby is, awarded to New Cingular Wireless PCS, LLC upon the conditions set forth in such lease. 2. That the name of New Cingular Wireless PCS, LLC shall be inserted in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the aforesaid lease entitled "Communication Tower Lease Agreement (Sand bridge Water Tank Site), City of Virginia Beach, Lessor and New Cingular Wireless PCS, LLC," a summary of the material terms of which is hereto attached and a copy of which is on file in the Office of ' the City Attorney. 3. That all future rents received pursuant to the aforesaid lease shall be dedicated to the Water and Sewer Utility Fund (241). Adopted by the Council of the City of Virginia Beach, Virginia, on the __,2009. day of APPROVED AS TO CONTENT: ~b~i1i~eof:t ]]r- APPROVED AS TO LEGAL SUFFICIENCY: J !JJJjJJJ}t )/j rJI (Jb_ . City Attorney's Office APPROVED AS TO CONTENT: .9 CA11237 R-3 September 8.2009 2 II III I 1,1 I Sand bridge Water Tank Site Communications Tower Lease Summary of Material Terms Parties: City of Virginia Beach and New Cingular Wireless, PCS, LLC Leased Area: 3,760 sq.' +/- portion of Sand bridge Water Tank Site, 408 Sand bridge Road (Princess Anne District). Tower height to be 174' max., incl. osprey perch and platform. Term: Initial10-year term; lessee has right to renew for three 5-year terms Rent: Base rent of $13,200/yr; additional rent of $5,400/yr (base rent and additional rent subject to annual 3% increases) Contingency: Lease is contingent on granting of 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. Lessee required to comply with security plan {site is fenced off from Public Utilities operations on site Lessee required to replace existing osprey nest and to comply with all federal, state and local laws, regulations, etc, applicable to ospreys. II III I 1,1 I ~~ ~~'t"~~l ('- . l.~.", J ~, ",' ...1kr1l....,..O* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years with Friends of Ferry Plantation House, Inc. for 4,488 Square Feet of City-Owned Property Located at 4136 Cheswick Lane in the City of Virginia Beach MEETING DATE: September 22,2009 . Background: This matter was originally on Council's agenda for July 7,2009 and was pulled at the request of a member of City Council. The lease was revised to provide an expedited review and approval process for needed repairs and replacements at the Property. Friends of Ferry Plantation House, Inc. ("FFPH"), restored and currently operates 4,488 square feet of property, including the historic Ferry Plantation House, located at 4136 Cheswick Lane in the City of Virginia Beach (the "Property"). FFPH operates the Property as a historic house museum for the benefit of the general public. FFPH wishes to lease the Property from the City of Virginia Beach (the "City") for a period of five (5) years. During the term of the lease, FFPH will continue to operate the Property as a historic house museum and will offer historic exhibits and complementary activities designed to preserve the historic nature of a mid-nineteenth- century historic house museum. The Ferry Plantation House will be open to the general public at least 120 days and at least 1,000 hours per year. . Considerations: This lease would be for a term of five (5) years, and the City would have a sixty-day (60) termination option. No repairs, improvements or alterations may be made to the Ferry Plantation House without the prior approval of the City's Historic Resource Coordinator, Building Maintenance Administrator, and when required by City Ordinance, the Historical Review Board. . Public Information: A Public Hearing was conducted on July 7,2009; and Advertisement of City Council Agenda . Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or decline to lease the subject premises. II . Recommendations: Approval . Attachments: Ordinance Summary of Terms Location map Submitting Department/Agency: Management s~acilities Management City Manager: II III I i I II 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR FIVE YEARS WITH FRIENDS OF FERRY PLANTATION HOUSE, INC. FOR 4,488 SQUARE FEET OF CITY- OWNED PROPERTY LOCATED AT . 4136 CHESWICK LANE IN THE CITY OF VIRGINIA BEACH WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 4,488 square foot parcel located at 4136 Cheswick Lane in the City of Virginia Beach (the "Property"); WHEREAS, Friends of Ferry Plantation House, Inc., a Virginia corporation., ("FFPH") desires to lease the Property, including the historic Ferry Plantation House on the Property (collectively, the "Premises"). FFPH has agreed to lease the Premises from the City for five years with a lease payment of One Dollar ($1.00) per year; WHEREAS, Under prior agreements with the City, FFPH has been restoring and operating the Premises since 1997; and WHEREAS, FFPH and the City have agreed on terms of a lease where FFPH will lease the Premises for use as a museum for the benefit of the general public. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of five years between Friends of Ferry Plantation House, Inc. and the City of Virginia Beach, for the 4136 Cheswick Lane, in accordance with the Summary of Terms attached hereto and made a part hereof, and such other terms, conditions or modifications deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~u.~~ Ci y Attorney ~~Li Manage ent servi~ - Facilities Management CA11017 \\vbgov.comldfsllapplicationslcitylawprod\cycom32\ WpdocslDO II \P005\000 12241.DOC R-1 September 1, 2009 2 II III ,I I SUMMARY OF TERMS LEASE FOR THE USE OF 4,488 SQUARE FEET OF CITY-OWNED REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Friends of Ferry Plantation House, Inc. PREMISES: Approximately 4,488 square feet of City-owned property, including the historic Ferry Plantation House, located at 4136 Cheswick Lane in the City of Virginia Beach TERM: July 1,2009 through June 30, 2014. RENEWAL: None without further Council action. TERMINATION: City may terminate at any time on sixty (60) days' written notice to Lessee. RENT: Rent shall be one dollar ($1.00) per year. RIGHTS AND RESPONSIBILITIES OF FERRY PLANTATION HOUSE, INC.: . Operate the Ferry Plantation House as a historic house museum, open to the general public at least 120 days and a total of 1000 hours per year. Will also operate ancillary functions to the museum, including a gift shop. . No repairs, alterations or renovations without the prior approval of the City's Historic Resources Coordinator, Building Maintenance Administrator, and when required by City Ordinance, the Historical Review Board. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. RIGHTS AND RESPONSffiILITlES OF THE CITY: .. . Subject to appropriation by City Council, the City shall be responsible for: (i) design and management of major maintenance projects; (ii) provide for payment of all utilities and fees pertaining to electricity, heating, fuel, water, sewer and solid waste collection; (iii) maintaining the grounds. V:IoppUcatiollsIcilyJawprodlcycomJ2\Wpdoca\D0271POO2\OOO36112.DOC II III I II LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is made as of the _ day of , 2009, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("Lessor") and the FRIENDS OF FERRY PLANTATION HOUSE. INC., a Virginia corporation ("Lessee"). WITNESSETH: That for and in consideration of the terms, conditions, covenants, promises and agreements made, Lessor hereby leases and demises unto Lessee, and Lessee hereby accepts and leases from Lessor the following described property, (the "Leased Premises") located at 4136 Cheswick Lane, Virginia Beach, Virginia (GPIN 1478-92-7014), and more particularly described as follows: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel B, as shown on that certain plat entitled, "SUBDIVISION OF OLD DONA nON FARM, BA YSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2763, Page 195 thru 197. 1. Term of Lease. The term of this Lease shall be for a period of five (5) years, commencing on July 1,2009 and ending at midnight on June 30, 2014. 2. Rent. The total rent for the term hereof shall be one dollar ($1.00) per annum, which the Lessee shall pay to the Lessor, in advance, at such address as may be designated by the Lessor or if none specified, to the address provided for delivering notices in Paragraph 4 of this Agreement. 3. Use. The Lessee shall use and occupy the Leased Premises as a historic house museum and for purposes which complement the operation of a museum, including without limitation historical exhibits and related special events, receptions and meetings, operation of a gift shop, and exhibiting furnishings and other items which are intended to preserve the historic nature of a mid-nineteenth-century historic house museum. The building located on the Leased Premises ("Building") must remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. The Lessee shall not use nor permit the Leased Premises to be used for any purpose other than as stated in this section of the Lease without the Lessor's prior written consent. 4. Notice. Any notice required or permitted to be given under this Lease shall be deemed to have been given or served when made in writing and (i) delivered in person as evidenced by a written receipt or (ii) mailed by certified mail or registered mail, return receipt requested, to the party who is to receive such notice at the address given below. When so mailed, the notice shall be deemed to have been given as of the date it was received, or in the event the intended recipient refuses delivery or fails or neglects to accept delivery, notice shall be deemed to be accepted on the date delivery was first attempted or notice of attempted delivery was first serviced by United States Postal Services. The addresses for notices are as follows: (A) To the Lessor: Department of Museums City of Virginia Beach 717 General Booth Blvd. Virginia Beach, Virginia 23451 2 II III 1,1 II With copy to: Facilities Management Office City of Virginia Beach 2424 Courthouse Dr. Bldg 18, Room 228 Virginia Beach, V A 23456 (B) To the Lessee: Friends of the Ferry Plantation House, Inc. 4136 Cheswick Lane Virginia Beach, Virginia 23455 5. Name. The official name of the Lessee's operation shall be approved by the Lessor, which approval shall not be unreasonably withheld. 6. Sign. The Lessee shall erect a sign, which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Premises. Such sign shall be constructed and maintained in accordance with applicable state and local building codes and ordinances. 7. Insurance Obligations. Lessee shall during the term of this Lease secure and maintain in full force and effect Workers' Compensation Insurance as required under Virginia code Title 65.2 and Commercial General Liability Insurance in an amount of not less than $1,000,000 combined single limits (CSL). The Commercial General Liability Insurance shall name Lessor as an additional insured. Lessee shall, upon request, furnish to Lessor certificates of all insurances required under this Paragraph. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and acceptable to the City, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notices to the City. 3 , I 8. Termination. The Lessor or the Lessee may terminate this Lease with sixty (60) days advance notice, for any reason it considers appropriate, with no further obligation. 9. Default(s). In the event of any failure of Lessee to timely and fully comply with any provision or condition of this Lease, Lessee shall be in default. If such default shall continue for more than forty-five (45) days after written notice thereof shall have been mailed to Lessee, Lessor shall have all rights and remedies available at law including, but not limited to, termination of the Lease as of the date of such notice. 10. Hold Harmless/Indemnification. It is understood and agreed that Lessee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Lessee, its subcontractors, agents or employees under or in connection with this Lease or the performance or failure to perform any work required by this Lease. Lessee agrees to indemnify and hold harmless the Lessor and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Lease, and (c) the performance of the work by Lessee or those for whom Lessee is legally liable. Upon written demand by the Lessor, Lessee shall assume and defend at Lessee's sole expense any and all such suits or defense of claims made against the Lessor, its agents, volunteers, servants, employees or officials. 4 II III II II 11. City/Museum Services and Maintenance. (A) Subject to appropriation by City Council, Lessor shall, at Lessor's cost: (i) design and manage major maintenance projects as needed and as funding in the Heritage Buildings CIP will allow; (ii) provide payment for all utility costs and fees as pertain to electricity, heating, fuel, water, sewer and solid waste collection; (iii) approve in advance the acquisition or installation or any equipment it is expected to maintain; (iv) and, maintain the grounds via a 10-day cycle contract for mowing and trimming. (B) The Lessee shall be allowed to perform repairs, renovations and restorations upon the premises, provided that before the undertaking of any repairs, the work follows an established restoration plan developed by a historical architect approved by the City, has been approved by the City's Historic Resources Coordinator, Building Maintenance Administrator and, when required by City Ordinance, the Historical Review Board. Criteria for approval shall include ensuring that the planned repairs, etc., meets the Secretary of Interior's Standards for Rehabilitation as listed in Attachment A. No changes or additions to the structure of the Building or its mechanical systems may be made without the approval of the Lessor as noted above. Application to perform repairs or make changes shall be made in writing via certified or registered mail to the office noted in Section 4 above. Lessee shall maintain the premises in a neat and orderly condition. Upon the termination of this Lease, the Lessee shall deliver the Building to the Lessor in "broom clean" condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. The Lessee shall pay for telecommunications fees and services and other utilities not listed in subsection (A)(ii) of this section, and 5 shall develop written security procedures to reasonably protect the Building, against damage, such procedures subject to approval by the Lessor. (C) When Lessee requests approval for a repaIr, renovation or restoration, or approval of a change or addition to the structural or mechanical systems as required by Paragraph 11 (B), Lessor shall consider and, if appropriate, grant such approvals in a reasonable period of time. Lessor's decision to grant or a deny an approval shall not be unreasonably delayed or withheld. In the event the Lessee requests an approval deemed necessary to cure a safety hazard or prevent a reasonably foreseeable safety hazard, Lessor shall consider such request for approval in an expedited manner. 12. Access. Lessor or Lessor's agents, employees and designees shall have the right to enter the Leased Premises, upon reasonable prior notice, to examine and inspect the Leased Premises and to determine compliance with the terms of this Lease, and for any other purpose necessary to facilitate Lessor's proposed use of the Leased Premises upon termination of this Lease. Entry by Lessor as set forth in this Paragraph shall be during the hours between _ <-) o'clock a.m. and ten (10) o'clock a.m. and between the hours of two (2) and four (4) o'clock p.m., or at a time mutually agreed upon by Lessor and Lessee so as to minimize disruption to Lessee's business. 13. Fire and Casualty. Except as otherwise provided herein, in the event the Building or improvements on the Leased Premises or any part thereof are damaged or destroyed by fire or other casualty, Lessor may elect to terminate this Lease effective as of the date of the casualty. The Lessor is not obligated to rebuild the Leased Premises in the event of damage or destruction by fire or casualty. 6 II III 1,1 I 14. Assignment and Sub-Lease. Lessee shall not sublet or assign this Lease without first obtaining the written consent of Lessor, which consent may be withheld in the sole discretion of the Lessor. Any sublease or assignment must obligate the subleasee or assignee to all of the terms and conditions of this lease. 15. Surrender. Upon the expiration or earlier termination of this Lease, the Lessee shall have the right to remove its personal property, furniture, fixtures, equipment and signs, ("Personal Property"). However, Lessee agrees to be responsible for the repair of any and all damages to the Leased Premises caused by such removal. Any Personal Property belonging to the Lessee not removed within twenty (20) days following the expiration of termination of this Lease shall be deemed to be abandoned, and may be removed and disposed of by Lessor without incurring any liability to Lessee. 16. Severability. Any term of this Lease which is prohibited by or is unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition, without invalidating the remaining terms of this Lease. 17. Required Approvals. All approvals required within the wording of this Lease must be obtained in writing prior to implementation or acquisition. The contact for the Lessor for this Lease is the Director, Department of Museums, unless otherwise stated. 18. Nondiscrimination. Employment discrimination by Lessee shall be prohibited. During the performance of this L.ease, Lessee agrees as follows: 1. Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except 7 where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Lessee. Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. Lessee, in all solicitations or advertisements for employees placed by or on behalf of Lessee, will state that Lesee is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. 4. Lessee will include the provisions of the foregoing Sections 1,2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 19. Environmental Concerns. Lessor hereby warrants to the Lessee, that to the best of the Lessor's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located in either the building located on the Leased Premises or that soil or groundwater on or under the Leased Premises. Any costs associated with violations of the law including, but not limited to, remediation, clean up costs, fines, administrative or civil penalties or charges and third party claims imposed on the Lessor by any regulatory agency or by any third party as a result of the noncompliance with Federal, State or local environmental laws and regulation or nuisance statutes by the Museum or by its employees, contractors, 8 II "I. 1.1 I consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the Leased Premises, shall be paid by the Lessee. 20. Covenant Against Liens. If, because of any act or omission of Lessee, or others claiming by or through the Lessee, any mechanic's or materialman's liens shall be filed against the Lessor or any portion of the Leased Premises, Lessee shall, at its own cost and expense, cause the same to be paid, discharged of record or bonded off within thirty (30) days after written notice from Lessor of the filing thereof. The provisions of this paragraph shall survive expiration or termination of this Lease. 21. Submission and Disposition of Contractual Claims. Prompt knowledge by the Lessor of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the Lessor and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the Lessor with notice of Lessee's intention to file a claim which (i) describes the act or omission by the Lessor or its agents that the Lessee contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written statement shall be submitted to the Lessor within 20 days of the time of the occurrence or beginning of the work upon which the claim is based; provided, however, if such damage is deemed certain in the opinion of the Lessee to result from its acting on an order from the Lessor, it shall immediately take written exception to the order. For purposes of this provision, "claim" shall include, without limitation, any request for an increase in the contract price or time and any request for equitable adjustment. Submission of a notice of claim as specified shall be mandatory, and failure to submit such notice shall be a conclusive waiver to such claim for damages or other relief by the Lessee. Neither an oral 9 notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The Lessor will review the claim and render a final decision in writing within thirty (30) days of receipt of Lessee's written request for a final decision. Such decision shall be final and binding to the fullest extent allowed by law. 22. Coml'liance With All Laws/Governing LawN enue. A. Compliance with All Laws. Lessee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. Lessee represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Lease prior to the initiation of work. B. Lease interpreted under laws of Virginia. This Lease shall be deemed to be a Virginia lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. C. Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 10 II ill II III D. The building has been entered in the National Register of Historic Places smce 1979. Lessee shall comply with all requirements for maintaining the Building's status as a National Historic Site. 23. Drug Free Workplace. During the performance of this Lease, Lessee agrees as follows: 1. Lessee will provide a drug-free workplace for Lessee's employees. 2. Lessee will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3. Lessee will state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains a drug-free workplace. 4. Lessee will include the provisions of the foregoing Sections 1,2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 24. Compliance with Immigration Laws. Lessee does not currently, and shall not during the performance of this Lease, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 25. Modification. There may be no modification of this Lease, except m writing, executed by the authorized representatives of the Lessor and Lessee. 26. Waiver. No waiver by Lessor or Lessee at any time, express or implied, of any breach of any term of this Lease shall be deemed a waiver of a breach of any other 11 term of this Lease or consent to any subsequent breach of same or ay other term. No acceptance by Lessor of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account. Lessor may accept rent, or other sums payable or other benefits pursuant to this Lease, and acceptance of same shall not be deemed to be a waiver of any prior default. 27. Quiet Enioyment. So long as Lessee is not in default beyond any cure period hereunder, Lessee shall peaceably and quietly hold and enjoy the Leased Premises for the term hereby demised without hindrance or interruption by Lessor or any other person or persons claiming by, through or under Lessor. 28. Force Maieure. Neither Lessor nor Lessee shall be liable to the other for any breach or violation of this Lease resulting from any occurrence or event, including any act of God, strikes, war, lockouts, labor trouble, insurrection or occurrence beyond the reasonable control of any party hereto. 29. Entire Agreement/Successors and Assigns. This Lease constitutes the entire agreement between the parties and shall be binding upon the parties hereto and their successors and assigns. No oral statement or prior writing shall add to, vary or modify the terms of this Lease. 30. Paragraph Headings. Headings to the paragraph are illustrative only; they do not form a part of this Lease nor are they intended to be used construing same. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: (THIS SPACE INTENTIONALLY LEFT BLANK) 12 II 1,1 IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be duly executed as of the day above first written. CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia By: City Manager/Authorized Designee FRIENDS OF FERRY PLANTATION HOUSE, INC., a Virginia corporation By: Name: Title: STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by (Name of person acknowledged). He/She is personally known to me or has produced as proper identification. NOTARY PUBLIC My Commission Expires: My Registration Number: 13 STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by (Name of person acknowledged). He/She is personally known to me or has produced as proper identification. Notary Public My Commission Expires: My Registration Number: Approved as to Content: Approved as to Risk Management: Department of Museums Risk Manager Approved as to Legal Sufficiency: Approved as to Content: Office of City Attorney Facilities Management Office 14 II III .#~~ kEJ.:I"~':?i' :fi . - \'i) (('! _ 1~~ c ;;'~.I'~ i~~~tt ~' ,,,.~.\'<-:''''' ...........- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise for a Pilot Program to Allow an Ice Skating Rink at the 31 st Street Park MEETING DATE: September 22,2009 . Background: In an effort to attract year-round activity to the Oceanfront, the Hilton Hotel partnered with Ice Masters, Inc., t/a Rink Specialists ("Rink Specialists"), to offer a temporary ice skating rink in the 31st Street Park ("Park"). Rink Specialists has provided ice skating rink services for eight years at eleven different locations throughout Virginia. Rink Specialists will provide all necessary equipment, materials, and labor to install and operate the ice skating rink on a daily basis from November 25, 2009 through February 15, 2010. The proposed ice skating rink will be approximately sixty (60) feet by one hundred twenty-five (125) feet, and will be completely enclosed in a clear tent. The admission fees will be ten dollars ($10) for adults and eight dollars ($8) for children twelve (12) years and younger. There will also be a skate rental fee of two dollars ($2), along with food and drink vending. . Considerations: The proposed ice skating rink will operate as a pilot program to allow the Strategic Growth Area Office ("SGAO") to evaluate whether the ice skating rink operation will be successful at attracting off-season visitors. The term of the proposed franchise is longer than the period of time when ice skating will be offered by Grantee in order to permit Grantee to construct the ice skating rink, and to restore the Park to its original condition after the ice skating rink is removed. Rink Specialist will place equipment in the sidewalk on the north side of the Park. Under the terms of the proposed franchise agreement, Rink Specialists will pay the City a franchise fee of three thousand dollars ($3,000) and will provide financial reports to the City. Rink Specialists will pay the City for all utilities in excess of the City's average monthly utility costs for the Park. After the ice skating rink is closed in February, Rink Specialist will be responsible for restoring the Park to its original condition prior to operation of the ice skating rink. Rink Specialist will replace the Park's sod and will repair any damage caused to the Park during the installation, operation, and disassembly of the skate rink. If the ice skating rink operation is successful, SGAO will issue an Invitation to Bid prior to requesting Council approval for any future ice skating rink franchises at the Oceanfront. . Public Information: On August 6, 2009, the Resort Advisory Commission unanimously endorsed the creation of an ice skating rink at the Park. Additional information will be provided through the normal agenda process. . Attachments: Ordinance and Franchise Agreement Recommended Action: Approval . Strategic Growth Area/Resort Management Office ~ ~ City Manager: II "I 1 AN ORDINANCE GRANTING A FRANCHISE FOR A PILOT 2 PROGRAM TO ALLOW AN ICE SKATING RINK AT THE 3 31sT STREET PARK 4 5 WHEREAS, in an effort to attract year-round activity to the Oceanfront, the Hilton 6 Hotel partnered with Ice Masters, Inc., tla Rink Specialist ("Rink Specialists"), to offer a 7 temporary ice skating rink in the 31st Street Park ("Park"); 8 9 WHEREAS, Rink Specialists has provided ice skating rink services for eight 10 years at eleven different locations throughout Virginia; 11 12 WHEREAS, Rink Specialists will provide all necessary equipment, materials, and 13 labor to install and operate the ice skating rink on a daily basis from November 25, 2009 14 through February 15, 2010; 15 16 WHEREAS, the proposed ice skating rink will be approximately sixty (60) feet by 17 one hundred twenty-five (125) feet, and will be completely enclosed in a clear tent; 18 19 WHEREAS, the ice skating rink will operate as a pilot program to allow the 20 Strategic Growth Area Office ("SGAO") to evaluate whether the ice rink operation will be 21 successful at attracting off-season visitors; 22 23 WHEREAS, under the terms of the proposed franchise agreement, Rink 24 Specialists will pay the City a franchise fee of three thousand dollars ($3,000) and will 25 provide financial reports to the City; 26 27 WHEREAS, Rink Specialists will pay the City for all utilities in excess of the City's 28 average monthly utility costs for the Park; 29 30 WHEREAS, once the ice skating rink is closed, Rink Specialist will be 31 responsible for returning the Park to its original condition prior to operation of the ice 32 skating rink; 33 34 WHEREAS, the SGAO recommends that Ice Masters, Inc., tJa Rink Specialists, 35 be granted a franchise for a pilot program to allow an ice skating rink for the term of 36 November 9,2009 through February 22,2010. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 That the City Council hereby grants a franchise to Ice Masters, Inc., tJa Rink 42 Specialists, for a pilot program to allow an ice skating rink at the 31st Street Park for the 43 period of November 9, 2009 through February 22, 2010, and authorizes the City 44 Manager or his designee to execute a franchise agreement with Ice Masters, Inc., tJa 45 Rink Specialists, for said 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: ~c2- Strategic Growth Area Office ;:e~ ~ City Attorney's Office CA110278 R-3 September 10,2009 II III FRANcmSE AGREEMENT FOR AN ICE RINK OPERATION IN THE 31sT STREET PARK THIS AGREEMENT, made the day of , 2009, by and between the CITY OF VIRGINIA BEACH, a municipal corporation, organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as "City," and ICE MASTERS, INC., t/a Rink: Specialists, a Virginia corporation, hereinafter referred to as "Grantee," is entered into pursuant to those powers vested in the City by Section 15.2-1102 of the Code of Virginia and all acts amendatory thereof, and embodied in the Charter of the City of Virginia Beach WITNESETH: WHEREAS, Grantee has applied to the City for a franchise to conduct an ice rink: operation on public property at the 31 st Street Park, and to that end has represented that it will comply with all applicable provisions of federal, state, and municipal law and all pertinent rules and regulations of any board, committee, agency, or commission thereof; and WHEREAS, the City finds that such an operation would promote the public interest and would serve to enhance the festive atmosphere at the oceanfront. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein set forth, it is agreed as follows: 1. Conditions of Grant of Franchise a. It is expressly agreed and understood by Grantee that the grant of the franchise described herein below is conditional, the grant of such franchise being conditioned upon Grantee's obtaining any other required permits and/or licenses, and being further conditioned upon Grantee's compliance with all of the terms and conditions of this Agreement. It is expressly agreed and understood by Grantee that the failure of Grantee to obtain anyone or more of the required approvals, licenses, or permits shall render this Agreement null, void, and of no force and effect. b. The grant of the franchise to Grantee shall also be subject, in addition to the foregoing conditions, to such conditions as the City may, in its discretion, impose upon Grantee. 2. Grant of Franchise a. Subject to the provisions of paragraph 1 of this Agreement, or any other condition imposed by this Agreement or by law, the City does hereby grant unto Grantee a franchise to conduct an ice rink operation at the 31 st Street Oceanfront Park ("Premises") in the City of Virginia Beach, Virginia ("Franchise"). The term of the Franchise shall be from and including November 9,2009, to and including February 22,2010 ("Term"). b. This Agreement shall not be renegotiated or continued unless a franchise is granted by the City Council of the City of Virginia Beach pursuant to Section 15.2-2100 of the Code of Virginia of 1950, as amended. c. The actual days and hours of operation during the term of the Franchise shall be approved by the City. The City reserves the right to suspend or modify the dates and hours of operation in the event the Premises (i) is scheduled for use by a permitted special event; or (ii) if the City Manager or his authorized designee determines that the weather II "I conditions are of an intensity and duration that render the operation of the ice rink. a danger to the health, safety and welfare of the public. 3. Franchise Fee a. Grantee shall pay to the City for use of the Premises a fee, hereinafter the "Franchise Fee," in the amount of three thousand dollars ($3,000) for the Term of the Agreement. Said fee shall be paid in full at the signing of the Agreement. b. The failure of Grantee, for any reason, to pay the Franchise Fee shall constitute grounds for the immediate cancellation of this Franchise and forfeiture of any rights conferred upon Grantee by this Agreement. The City may, but shall not be required to, extend the period of time within which a payment shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in full force and effect and avail itself of any and all lawful means of collecting such Franchise Fee. c. In the event of the cancellation of this Agreement or the termination of the Franchise granted hereunder prior to the expiration of its stated term, for any reason, no portion of any monies paid by or on behalf of Grantee on account of Franchise Fees shall be refundable. 4. Nonexclusive Franchise It is expressly understood and agreed by Grantee that the Franchise is not exclusive. The City hereby reserves unto itself the right to grant similar franchises to any person, firm, corporation, or other entity at any time and from time to time. 5. Compliance with Law Grantee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the conduct of the ice rink operation. 6. Design Grantee shall submit to the Strategic Growth Area Office ("SGAO") a final design plan ("Design Plan") by September 25, 2009. SGAO shall review the Design Plan, and if acceptable to SGAO, provide written notice to Grantee of SGAO's approval of the Design Plan. 7. Construction After Grantee receives SGAO approval of the Design Plan, Grantee shall obtain all permits necessary to construct the ice rink from the City's Planning Department. Grantee shall not commence construction until Grantee obtains all required permits from the City's Planning Department, and shall not commence work onsite until the Franchise Term begins. Construction of the ice rink shall proceed strictly in accordance with the Design Plan approved by SGAO, and in good and workman-like fashion. Any proposed modification to the Design Plan shall be submitted to SGAO and to DSC for review and approval. 8. Operational Criteria a. Prior to the commencement of the Term, Grantee shall submit to the SGAO a written initial business plan, and shall include anticipated revenues and expenses. b. Grantee shall employ a professional staff to manage and operate the ice rink. An ice rink operator shall be present at all times during the operating hours of the ice rink. II "I c. Grantee shall provide each of its employees with attire which appropriately identifies the ice rink operation. Such attire shall be approved by the City. The approved attire shall be worn by on-duty employees during all hours of operation. Failure of an employee to be properly attired shall result in the operation being discontinued until the proper attire is obtained. All outer wear shall have at least a name tag with the Grantee's official logo or company name. d. Grantee shall maintain the Premises in good working order, and shall ensure that the Premises are aesthetically pleasing. The City shall determine if the appearance of the Premises is aesthetically pleasing. e. No more than six (6) vendors shall be permitted on the Premises during the Term. Grantee shall not permit alcohol to be served on the Premises. Grantee shall ensure that all vendors shall be removed from the Premises at the end of each night during the Term of the Agreement. Grantee shall ensure that all vendors have all necessary permits and business licenses. f. Grantee shall provide appropriate music for the ice rink, and said music shall terminate no later than ten (10) pm each day of operation during the Term ofthe Agreement. g. Grantee shall not sell, solicit, offer, distribute, or provide any information on the Premises, written or oral, regarding any operation or service in connection to time shares, vacation packages, lodging accommodations, hotels, motels, inns, campgrounds, restaurants, retail stores and entertainment establishments. h. Any special admission or rental discounts, promotions, or group packaging options offered by the Grantee shall be extended by the Grantee at the same rates to any and all hotels and restaurants in the Resort Area that wish to participate. 1. Grantee may display sponsorship and promotional banners inside the ice rink. No banners are permitted on the stage, the grassy areas in the Premises, bike racks, fencing, or anywhere outside the Premises. J. The City provides or pays for four utilities on the Premises: Hampton Roads Sanitation District services, sewer services, water, and electricity. Attached hereto as Exhibit A, and incorporated herein by reference, is a table representing the average utility consumption by the City on the Premises for the months of November through March. The table includes the average units of measurement per utility per month, and establishes baseline measurements to be used pursuant to this Agreement ("Baseline Measurements"). The City shall invoice Grantee on a monthly basis, beginning on or after December 15,2009, for all utility consumption on the Premises that is in excess of the Baseline Measurements provided in Exhibit A. For example, in the month of November 2009, if the water consumption on the Premises is two hundred and fifty thousand (250,000) gallons, the City will invoice Grantee on December 15, 2009 for the cost of forty thousand (40,000) gallons (since the City's average water consumption for November is two hundred and ten thousand (210,000) gallons). Grantee shall pay to the City the amount of each utility invoice within fifteen (15) days of receipt of said invoice. k. Prior to the commencement of operation of the ice rink., Grantee shall provide II III the City with Material Safety Data Sheets ("MSDS") for the ice coloring and refrigerant chemicals. The City shall review and, if appropriate, approve said MSDS. 1. Grantee may extend the hours of operation of the restrooms located on the Premises only by contracting directly with the City's custodial contractor, Shephard Enterprises, Inc. ("Shephard"), to procure custodial services for said restrooms. Grantee shall be responsible for paying Shephard any and all costs necessary to keep said restrooms open past six (6) pm daily. Grantee is prohibited from utilizing its employees, or any entity other than Shephard to manage the restrooms. m. The Grantee shall provide SGAO with a final profit and loss statement ("Statement") itemizing all revenues and expenses related to Franchise activity during the Term of the Agreement. The Statement shall be provided to SGAO no later than thirty (30) days after the expiration of the Term. The Statement shall include the following revenue categories: admissions, rentals, concessions, and sponsorships. Grantee shall keep a daily record of the number of skating participants during the term of the Franchise, and shall remit records to the City with the Statement. 9. Condition of Premises Grantee shall be responsible for repairing all damage to the Premises caused by its operation. a. Installation, operation, and removal of the ice rink shall not block or interfere with the City's access to the stormwater drain on the Premises. b. After rink disassembly, the Grantee shall be responsible for replacing the sod in accordance with the specifications set forth in Exhibit B, attached hereto and incorporated herein by reference. The Grantee shall pay all expenses for replacing the sod. The City Manager or his designee shall establish the date for sod installation. The Grantee shall present evidence and plans to the SGAO that a sod distributor and sod installer can meet the deadline established by the City no later than thirty (30) days after execution of this Franchise. The Grantee shall act as a single source and point of contact for all warranty claims. A sample sod warranty must be furnished to the City for approval no later than thirty (30) days after execution of this Franchise. c. After rink disassembly, the City shall inspect the operation of the Premise's irrigation system. The Grantee shall be responsible for repairs to broken pipes and sprinkler heads upon the specifications set forth by the City. d. After rink disassembly, any dislocated or broken paver located within the Premises shall be replaced by Grantee with identical material, or restored to its pre-existing condition. e. The Grantee shall remove the ice rink, all supporting sub-structures, temporary surfacing, tents, equipment, miscellaneous vending apparatuses, and all associated trash and debris resulting from the ice rink operation prior to the expiration of the Term of the Franchise. f.' Any and all damages resulting from the Grantee's operation shall be immediately reported to the SGAO and repaired within a time period specified by the City. 10. Permitted Uses Grantee shall not use the Premises, nor suffer the Premises to be used, for any purpose other than as contemplated by this Agreement. II "I 11. Right of Inspection The City, by its authorized officers, agents, or employees, shall have the right to inspect the operation at any and all reasonable times, with or without notice, for the purpose of determining Grantee's compliance with the provisions of this Agreement. 12. Assignment of Franchise Grantee shall not, assign, delegate, or otherwise transfer, in whole or in part, the Franchise or any of Grantee's rights or obligations arising hereunder. In the event the City discovers Grantee made such an assignment, the Grantee will be found in breach of the terms of this Agreement and the Agreement will be immediately terminated. 13. Interest of Grantee Grantee shall acquire no interest in the Premises, legal or equitable, other than the right to occupy such Premises during the term of this Agreement for the sole purpose of conducting ice skating rink operations in compliance with, and subject to, the provisions of this Agreement and such rights in and to Grantee's personalty used in and about the operation of its operation as are conferred upon Grantee by law. 14. Relationship of Parties It is mutually understood and agreed by the parties that nothing contained in this Agreement is intended, or shall be construed, as in any manner creating or establishing any agency relationship between the parties or any relationship of joint enterprise or partnership. Grantee shall have no authority, express or implied, to act or hold itself out as the agent or representative of the City for any purpose. Grantee shall at all times remain an independent contractor, solely responsible for all obligations and liabilities of, and for all loss and damage to, Grantee's operation, including the Premises and property thereup~m, and for all claims and demands resulting from Grantee's operation. 15. Hold Harmless/Indemnification It is understood and agreed that Grantee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Grantee, its subcontractors, agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. Grantee agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of, or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Agreement, and (c) the performance of any activities on the premises by Grantee or those for whom Grantee is legally liable. Upon written demand by the City, Grantee shall assume and defend at Grantee's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees, or officials. 16. Insurance a. Grantee shall, prior to the commencement of its operation, procure and shall thereafter maintain in full force and effect during the entire term of this Agreement, a policy or policies of insurance protecting and insuring Grantee and the City, and their agents, employees, and officials against any loss, liability, or expense whatsoever, from personal II III injury, death, or property damage arising out of or occurring in connection with Grantee's occupancy of the Premises or conduct of its operation, whether such injury, death, or damage occurs or is sustained, or the cause thereof arises, on or off the Premises. The City shall be named as insured under any and all such policies. Such policy or policies shall be written by a responsible insurance company or companies licensed to conduct the business of insurance in the Commonwealth of Virginia and acceptable by the City. Such policy or policies shall be in a comprehensive general liability form, including products liability coverage, and shall be in an amount not less than $1,000,000.00 combined single limits. The risks covered by any such policy or policies of insurance shall not be limited nor the amount of coverage thereunder reduced by reason of any insurance that may be maintained by the City. b. Prior to the commencement of its operation and without demand by the City, Grantee shall furnish to the SGAO a certificate(s) of insurance showing Grantee's compliance with the foregoing requirements. Any such certificate(s) shall state that the policy or policies of insurance named therein will not be cancelled or altered without giving at least thirty (30) days prior written notice to the City. c. Grantee's performance of its obligations under the provisions of this paragraph shall not relieve Grantee of liability under the indemnity and hold harmless provisions of the preceding section of this Agreement. 17. Bond Upon execution of this Franchise, the Grantee shall provide to the City a performance bond in the amount of thirty thousand dollars ($30,000) for the cost of sod replacement, unpaid utility bills, paver repositions, or any other repairs that the City deems necessary on the Premises. The bond will be released by the City after all required financial reports are received by the City, and the City approves the condition of the sod, pavers, and other supporting infrastructure on the Premises. 18. Abandonment In the event Grantee shall abandon its operation, the City shall have the right to immediately cancel this Agreement and terminate the Franchise. 19. Termination ofPranchise a. The City shall have the right to cancel this Agreement and terminate the Franchise on notice to Grantee upon the occurrence of any of the following events: (1) The failure of Grantee to secure any approval, license, or permit required by this Agreement or by law, or the cancellation or revocation of any such license or permit. (2) The failure of Grantee to fulfill, abide by, or comply with any condition of the grant of the Franchise. (3) The failure of Grantee to pay the Franchise Fee required hereunder. (4) The failure of Grantee to comply with any statute, ordinance, regulation, or other law applicable to the ownership or management of its operation or to the occupancy and use of the Premises. (5) The use of the Premises by, on behalf of, or at the sufferance of Grantee for any activity or purpose other than is expressly permitted by this Agreement. II III (6) The failure of Grantee to procure any policy or policies of insurance, or the bond, required by this Agreement to have been procured prior to the commencement of Grantee's operation, the cancellation or lapse of any such policy or policies so as to cause the aggregate of the limits of liability of coverage thereunder to be less than the amounts required by paragraph 16 of this Agreement, or any material and adverse change in the risks covered or persons or entities insured thereunder. (7) The purported assignment, delegation, or other transfer by Grantee of the Franchise, in whole or in part, or of any of the rights or obligations of Grantee set forth herein. (8) The refusal of Grantee to permit inspection of the operation by the City as set forth in this Agreement. (9) The death of Grantee, if Grantee is the sole proprietor, or in any other case, the termination of Grantee's existence as a business organization, whether by dissolution, consolidation, merger, sale, or other like act, or the revocation of Grantee's authority to transact business in the Commonwealth of Virginia. b. The election by the City to exercise its right to cancel this Agreement and to terminate the Franchise shall be without prejudice to any of its other rights at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but shall be cumulative upon any or all other remedies herein provided or by law allowed. Upon termination of this Agreement and the Franchise, Grantee shall immediately cease all operations upon the Premises. I ,,' c. Notwithstanding any other remedy conferred upon the City by this Agreement or by law, the City may elect to suspend Grantee's operation upon the occurrence of any of the events herein above enumerated or in the event of the breach by Grantee of any other provision or condition of this Agreement. Grantee shall, upon receipt of notice of such suspension, immediately cease its operation until such time as the City shall permit Grantee to continue its operation. Such permission shall be granted by the City at such time as Grantee shall have remedied the breach or breaches of this Agreement giving rise to such suspensIOn. 20. Publicity The City shall have the right to photograph Grantee's operation and to use any such photographs in any of its publicity or advertising. Grantee shall not be entitled to compensation by reason of the taking or use of any such photographs. 21. Notice All notices required or permitted hereunder shall be given and shall be deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address of Grantee stated in its proposal or to the Resort Administrator or designee, 2101 Parks Avenue, Suite 502, Virginia Beach, Virginia 23451, or to such other address as either party may direct by notice given as herein above provided. 22. Severability The provisions of this Agreement shall be deemed to be severable, and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. - II 1I1I II III 23. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. 24. Entirety of Agreement This Agreement and any Exhibits constitute the final, complete and exclusive written expression of the intentions of the parties, and shall supercede all previous communications, representations, agreements, promises or statements, whether oral or written, by any party or between the parties. 25. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. 26. Modification No modification, revision, or deletion of any of the provisions of this Agreement, and no addition of any provisions hereto, shall be valid unless in writing and executed with the same formalities as this Agreement. 27. Governing LawNenue This Agreement and the Franchise issued thereunder shall be governed and construed by the laws of the Commonwealth of Virginia and the parties hereto designate the appropriate courts of competent jurisdiction of the City of Virginia Beach, Virginia or the U.S. District Court for the Eastern District of Virginia, Norfolk Division, for purposes of litigation and venue. 28. Compliance with Immigration Laws Grantee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 29. Environmental Liability Any costs or expenses associated with environmentally related violations of the law, the creation or maintenance of a nuisance, or releases of hazardous substances, including, but not limited to, the costs of any clean up activities, removals, remediations, responses, damages, fines, administrative or civil penalties or charges imposed upon the City, whether because of actions or suits by any governmental or regulatory agency or by any private party, as a result of the storage, accumulation, or release of any hazardous substances, or any noncompliance with or failure to meet any federal, state, or local standards, requirements, laws, statutes, regulations or the law of nuisance by Grantee (or by its agents, officers, employees, subcontractors, consultants, subconsultants, or any other persons, corporations, or legal entities employed, utilized, or retained by Grantee) in the performance of this Agreement or related activities, shall be paid for by Grantee. This paragraph shall survive the termination, cancellation, or expiration of this Agreement. II "I IN WITNESS WHEREOF, the following signatures and seals: CITY OF VIRGINIA BEACH, a municipal corporation By City Manager/ Authorized Designee ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Franchise Agreement, has acknowledged the same before me in my City and State aforesaid. He is personally known to me. GIVEN under my hand this day of ,2009. Notary Public My Commission Expires: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES FRASER, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Franchise Agreement, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand tbis _ day of ,2009. Notary Public My Commission Expires: ICE MASTERS, INC. tJa RINK SPECIALISTS By Its STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that GRANTEE, , of ICE MASTERS, INC. T/A RINK SPECIALISTS, whose name as such is signed to the foregoing Franchise Agreement, has acknowledged the same before me in my City and State aforesaid. He/she is personally known to me or has produced as identification. GWEN under my hand this day of ,2009. Notary Public My Commission Expires: Approved as to Content: Approved as to Legal Sufficiency: ~~ Strategic Growth Area Office City Attorney Approved as to Risk Management: Risk Manager 'I "I EXHIBIT A Utility Consumption for the 31st Street Park This table represents the average monthly utility consumption by the City for operating the 31st Street oceanfront park during the months of November through March. Type of Unit of November December January February March Utility Measurement Hampton Cubic Feet 141 0* 26 0* 46** Roads (per 100) Sanitation District Sewage Gallons 210 0* 38 0* 68** (per 1,000) Water Gallons 210 0* 38 0* 68** (per 1,000) Electric KiloWatts 3,640 4,960 4,680 5,920 6,000 *The City's Public Utilities Department and Hampton Roads Sanitation District bill for water and sewage o'n a bi-monthly basis. **Grantee's operation will end prior to the March billing cycles for utility services, however utility consumption incurred in February will be included on the March invoice sent by the City to Grantee. EXHIBIT B SITE GRADING AND LAWN ESTABLISHMENT PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. Grantee shall provide all materials, equipment and labor necessary for placing topsoil/sand mix, fine grading and lawn establishment for 31 st Street Park Turf Renovation as shown on the drawings or inferable there from and/or as specified in accordance with the requirements of the Contract Documents. B. These specifications include standards necessary for and incidental to the execution and completion of lawn establishment, including addition of topsoil, fine grading, and establishment of lawn areas using seed or sod as indicated on the prepared drawings and specified herein. C. During construction, protect all turf, trees, shrubs, and other vegetation, site features and improvements, structures and utilities. Any damage to these features shall be the responsibility of the Grantee and shall be repaired or replaced at no cost to the City. Removal or destruction of existing turf or plantings is prohibited unless specifically authorized by the Strategic Growth Area Office ("SGAO"). 1.02 RELATED DOCUMENTS A. Virginia Worl< Area Protection Manual. Virginia Department of Transportation, Traffic Engineering Division, Work Zone Safety Coordinator, 1401 East Broad Street, Richmond, VA 23219. B. Professional Excavators' Manual. Miss Utility of Virginia, 204 Rivers Bend Boulevard, Chester, VA 23831. C. All standards publications shall be the latest editions, including any amendments, as of the date of advertisement for bids. 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Any certificates of inspection shall accompany the invoice for each shipment of sod when required by law for transportation. Provide copies of certificates of inspection with the SGAO prior to the acceptance of the material. Inspection by federal or state authorities at place of growth does not preclude rejection of the sod at the site. B. All work to be performed on City property will require the acquisition of a Right of Way Permit from the City of Virginia Beach, Planning/Civil Inspections. Fees for Right of Way Permits for work being done at the direction of the City of Virginia Beach shall be the responsibility of the Grantee. C. Work to be performed within a City street Right of Way will require the Grantee to obtain approval of a traffic control plan by City of Virginia Beach, Public Works/Traffic Engineering before a Right of Way Permit can be obtained. Unless otherwise directed by Traffic Engineering, the traffic control plan should adhere to the most current edition of the Virginia Department of Transportation Work Zone Safety Guidelines. All required signage andlor traffic control devices shall be in place prior to commencement of work each day. Shortened workdays, which may be required as part of the traffic control plan, shall be strictly adhered to by the Grantee. A copy ofthe Right of Way permit SITE GRADING AND LAWN ESTABLISHMENT - 02920 II 1I11 ii, II III shall be kept in each of the Grantee's vehicles on site while the work is being performed. All costs of traffic control, including equipment, signage and all added costs due to shortened workdays shall be the responsibility of the Grantee. D. Failure to comply with these regulatory requirements will result in placement of a Stop-Work Order until the Grantee corrects discrepancies. Any associated costs for a delay in construction caused by the Grantee's failure to comply with these regulatory requirements shall be the responsibility of the Grantee. 1.04 OBSTRUCTIONS TO WORK PERFORMANCE A. The Grantee shall contact Miss Utility of Virginia as required by the Virginia Underground Utility Damage Prevention Act before any digging is performed on the site. If underground or overhead utilities prevent grading or lawn establishment as specified and/or as shown on the plans, the SGAO or his designee should be contacted immediately. Any damage to utility lines during lawn establishment operations shall be the responsibility of the Grantee and shall be repaired at no additional cost to the City. B. The Grantee shall notify the Grantee Administrator, or his designee, immediately of any unforeseen conditions (buried debris, plan discrepancies, etc.) that may affect lawn establishment or growth. In addition, it shall be the responsibility of the Grantee to advise the SGAO immediately if he/she believes the existing soil on the site is unsuitable to maintain healthy turf grass. If the Grantee gives no notification, it shall be understood that the existing soil is acceptable. 1.05 SUBMITTALS A. Certificates of Inspection: Provide the SGAO with copies of any inspection certificates relating to the transportation of sod delivered to the site. B. For each type of sod or seed to be installed, submit seed vendor's certification for required grass seed mixture, indicating percentage by weight, and percentages of purity, germination and weed seed for each grass species. C. Submit fertilizer analysis for each type of fertilizer to be used for lawn establishment if fertilizer is required as. specified in the soil test report. D. Soil Testing: At least ten days prior to beginning fine grading work, the Grantee shall provide the SGAO, or designee, a soil test report for the topsoil intended for use in completion of this work to determine whether it is in accordance with the plans and specifications. At the discretion of the SGAO, a soil test analysis report may be required for each individual stockpile of existing topsoil, or source of imported topsoil and/or planting mix. The soil testing laboratory shall be approved by the SGAO, and there shall be no cost to the City for any requested testing. Material or materials that are not in accordance with plans and specifications shall be replaced with approved material or materials at no additional cost to the City. If required, the soil test analysis report shall include the following information: 1. Provide a particle analysis based on the following sieve size chart or the following USDA gradient of mineral content: Sieve Size 1 inch mesh SITE GRADING AND LAWN ESTABLISHMENT - 02920 2 1/4 inch mesh No. 100 mesh No. 200 mesh USDA DesiQnation Gravel Very Coarse Sand Coarse Sand Medium Sand Fine Sand Very Fine Sand Silt Clay Size in mm 2+mm 1-2 mm 0.5-1 mm 0.25-0.5 mm 0.1-0.25 mm 0.05-0.1 mm 0.002-0.05 mm Smaller than 0.002 mm 2. Provide a chemical analysis including the following: a. pH and buffer pH. b. Percentage of organic content by oven-dried weight. c. Nutrient levels in parts per million (ppm), including phosphorous, potassium, magnesium, iron, zinc, and calcium. Nutrient test shall include the testing laboratory's recommendations for supplemental additions to the soil based on the requirements of horticultural plants. d. Soluble salts by electrical conductivity of a 1:2 soil :water sample measured in mmhos/cm. e. Cation exchange capacity (CEC). 1.06 SUBSTITUTIONS A. Substitutions of materials designated in the plans and specifications will be permitted only upon written approval by the SGAO or his designee. Substitutions shall be requested in writing by the Grantee within ten days after the award of contract. If the reason for substitution is lack of availability, the request shall include a list of suppliers contacted by the Grantee to locate the originally specified material. A sample of the material may also be required by the SGAO. The sample shall be provided by the Grantee at no cost to the City. B. All proposed sod or seed substitutions shall possess the same essential characteristics as the turf species originally specified in regard to appearance, ultimate height, habit or rate of growth, required soil conditions, climatic conditions and any other characteristics. In no case shall average wholesale cost of a substituted turf species or blend be less than the average wholesale cost of the turf species or blend originally specified. Species or blends of greater wholesale cost may be accepted without additional cost to the City. 1.07 CLEAN-UP OF SITE A. At the end of each day's work, the Grantee shall remove all work-related trash or other debris from the site. At all times rubbish and trash generated by the Grantee shall be kept clear of vehicular and pedestrian circulation throughout the site. Prior to final acceptance, all paved areas adjacent to planting areas shall be cleaned thoroughly by sweeping and/or washing. Any SITE GRADING AND LAWN ESTABLISHMENT - 02920 3 II 1111 II I'll defacement or stains on paving caused by lawn establishment operations shall be removed at no additional cost to the City. All construction equipment, excess materials, tools, rubbish or debris shall be removed from the site. All drains on the sites that have accumulated soil, mulch or any other material due to the lawn establishment operation shall be cleaned and approved by the SGAO, or his designee. 1.08 INSPECTION AND ACCEPTANCE A. Acceptance of Fine Grading: The SGAO, or his designee will inspect all fine grading work for acceptance upon written request by the Grantee. Written notice requesting such inspection shall be submitted by the Grantee at least ten days prior to the anticipated date of inspection. Fine grading shall be accepted by the SGAO or his designee before the Grantee begins sod or seeding operations. B. Initial Acceptance: The.SGAO, or his designee will inspect all seeding and/or sod work for acceptance upon written request by the Grantee. Written notice requesting such inspection shall be submitted by the Grantee at least ten days prior to the anticipated date of inspection. After inspection, the Grantee will be notified in writing by the SGAO, or his designee, ofthe acceptance or rejection of any work not completed in accordance with the plans and specifications. Work found not to be in accordance with plans and specifications shall be subject to re-inspection after being corrected by the Grantee. C. Acceptance in Part: Work may be accepted in parts when the SGAO and the Grantee deem that practice to be in their mutual interest. Approval must be given in writing by the SGAO to the Grantee verifying that the work is to be completed in parts. Acceptance of the work in parts shall not waive any other provisions of this Contract. D. Final Acceptance: The SGAO, or his designee will inspect all seeding and/or sod work for acceptance at the end of a 14-day maintenance period. After inspection, the Grantee will be notified in writing by the SGAO, or his designee, of the acceptance or rejection of any work not completed in accordance with the plans and specifications. Work found not to be in accordance with plans and specifications shall be subject to re-inspection after being corrected by the Grantee. E. Basis for Final Acceptance: At the end ofthe Grantee's 14-day maintenance period, lawns shall be uniform in texture, density and color, substantially weed free, without gaps or bare spots, and with vigorous root growth of proper species and variety. For the purposes of establishing an acceptable standard, scattered bare spots, none of which are larger than one square foot, will. be allowed up to a maximum of three percent of the entire lawn area. 1.09 WARRANTY A. General Warranty: The Grantee warrants to the City of Virginia Beach that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work performed will be of good quality, free from faults and defects and in conformance with the plans and specifications. Except as otherwise specified, all work shall be warranted by the Grantee against defects resulting from the use of inferior materials, equipment, or workmanship for one year from the date of acceptance by the SGAO, or his designee. B. Lawn Establishment Warranty: At the end of the Grantee's maintenance period (see Section 1.080 of these specifications), or at anytime during the maintenance period, inspections will be made by the SGAO, or his designee, at his discretion. Bare areas, areas with weeds, areas with poor germination or dead sod, eroded areas, low spots or other deficiencies in the lawn SITE GRADING AND LAWN ESTABLISHMENT - 02920 4 establishment that need to be corrected under this warranty will be reported to the Grantee in writing. C. Repair of Deficient Lawn Areas: Any deficiency in lawn establishment, as determined by the SGAO, or his designee, shall be corrected by the Grantee within ten (10) working days, weather conditions permitting at no additional cost to the City. All corrected grading and lawn areas shall be in compliance with the original plans and specifications. ,. 10 MAINTENANCE A. Newly planted lawn areas may be watered by the Grantee using the existing sprinkler system at 31st Street Event Park until final acceptance by the City. B. In the absence of normal rainfall, watering shall be the responsibility of the Grantee during the warranty period. Watering shall be enough to provide the equivalent of 1" of precipitation per week. If requested, the Grantee is to provide a watering schedule to the SGAO. C. During the maintenance period, the Grantee shall re-seed or re-sod bare areas, fertilize and control weeds as necessary to ensure a uniform well-established lawn. PART 2 - MATERIALS 2.01 MATERIALS OTHER THAN SOD A. Imported Topsoil: The Grantee shall furnish, at his expense, sufficient topsoil to properly perform all work as specified herein, and as shown on the drawings. Topsoil furnished shall be a natural, fertile, friable loam soil, possessing characteristics of representative of productive soils in the vicinity. It shall be obtained from naturally well-drained areas. It shall not contain toxic substances that may be harmful to plant growth. Topsoil shall be without admixture of subsoil and shall be cleaned and reasonably free from clay, lumps, stones, stumps, roots or similar substances two inches or more in diameter, debris, or other objects which might be a hindrance to planting operations. Topsoil shall contain at least six percent organic matter. The acidity range shall be between 5.5 and 7.0 inclusive. The mechanical analysis of the soil, which shall be based on either sieve size or USDA Particle Size Designation, shall be as follows: Sieve Size Percent Passing 1 inch mesh 99-100 percent 1/4 inch mesh 97-99 percent No. 100 mesh 40-60 percent No. 200 mesh 20-40 percent Particle Distribution of Imported Topsoil (USDA Desianation) Gravel Less than 10% Coarse to Medium Sand 30 to 65% Fine Sand 5 to 20% Very Fine Sand 0 to 20% Silt 15 to 25% Clay 15 to 25% A representative sample of topsoil and a soil test report shall be delivered to the SGAO, or designee, at least 10 days before work begins. Required soil amendments for lawn establishment, as indicated on the soil test report, shall be added by the Grantee at the time of SITE GRADING AND LAWN ESTABLISHMENT - 02920 5 II 1111 II 1'1 spreading/grading. B. Existing Topsoil: Topsoil may be stockpiled on the site to be used by the Grantee in performance of this contract. Any stockpiled topsoil shall meet or exceed all of the specifications for Imported Topsoil. A soil test report shall be provided to the SGAO by the Grantee for any stockpiled topsoil to be used. c. Starter Fertilizer: Initial fertilizer for seeding and sodding shall be a granular, non-burning turfgrass fertilizer with an N:P20S:K20 analysis ratio of 1 :2:1, or equivalent. Fertilizer shall be uniform in composition, free-flowing, and suitable for application with approved equipment. Fertilizer shall be delivered to the site in original, unopened containers, each bearing the manufacturer's guaranteed analysis label. At least 25% of available nitrogen shall be in a slow-release form. D. Maintenance Fertilizer: Fertilizer for all applications other than the initial fertilization shall be a granular, non-burning turfgrass fertilizer that with an N:P20S:K20 analysis ratio of 3:1:2 or 4:1 :2, or equivalent. Fertilizer shall be uniform in composition, free flowing, and suitable for application with mechanized rotary spreaders, drop spreaders, hydraulic seeders, or other equipment capable of uniformly distributing fertilizer over the soil surface. Fertilizer shall be delivered to the site in original, unopened containers, each bearing the manufacturer's guaranteed analysis label. At least 25% of available nitrogen shall be in a slow-release form. E. Lime for Lawn Establishment: Shall be composed of finely ground calcitic or dolomitic limestone (calcium carbonate or calcium carbonate + magnesium carbonate), and shall contain a minimum of 50% total oxide equivalent (calcium oxide + magnesium oxide); neither hydrated or burnt lime shall be used for turfgrass seeding. Limestone shall be uniform in composition, free flowing, and suitable for application with mechanized rotary spreaders, drop spreaders, hydraulic seeders, or other equipment capable of uniformly distributing limestone over the soil surface. F. Water: Shall be free from oil, acid, alkali, salt, and other substances harmful to plant growth. The Grantee shall make, at his expense, whatever arrangements may be necessary to ensure an adequate supply of water to meet the needs of this Contract. He shall also furnish all necessary hose equipment, attachments and accessories for the adequate irrigation of planted areas as may be required to complete the work as specified. G. Straw Mulch: Shall be specially grown for use as a seed mulch, and shall be entirely composed of the air-dried stems and leaves of wheat, barley, oats, or cereal rye. Straw mulch shall be cut and baled before its seed has matured, or shall be very thoroughly threshed. Straw mulch may be used as a seed mulch for rough turfgrass areas, temporary seeding, or erosion control seeding. H. Wood Fiber Hydraulic Mulch: Wood fiber hydraulic mulch products shall consist of specially prepared wood that has been processed to a uniform fibrous state, and shall be packaged for sale as a hydraulic mulch for use with hydraulic seeding equipment. The wood fibers of wood fiber hydraulic mulch products shall have a length of approximately 0.5 inches (13 millimeters) and a diameter of approximately 0.0625 inches (1.5 millimeters). The wood fibers shall be dyed green, or the wood fiber hydraulic mulch product shall be mixed with a dye in a separate operation that will provide appropriate color to aid visual inspection of the material when it is spread. Wood fiber hydraulic mulch products shall have a pH range of pH 4.0-8.5, and an ash content which shall not exceecl7.0% of the product by weight. Wood fiber hydraulic mulch products shall be capable of remaining in suspension with water under agitation so that such products shall readily blend with seed, fertilizer, and limestone to form a uniform slurry. I. Wood Cellulose Fiber Hydraulic Mulch: Wood cellulose fiber hydraulic mulch products shall consist of specially prepared newspaper, newsprint, magazines, or other paper that has been processed to a SITE GRADING AND LAWN ESTABLISHMENT - 02920 6 uniform fibrous state, and shall be packaged for sale as a hydraulic mulch for use with hydraulic seeding equipment. The wood cellulose fiber hydraulic mulch may be derived from recycled materials, or be newly manufactured. The wood cellulose fibers shall be dyed green, or the wood cellulose fiber hydraulic mulch product shall be mixed with a dye in a separate operation that will provide appropriate color to aid visual inspection of the material when it is spread. Wood cellulose fiber hydraulic mulch products shall have a pH range of pH 4.0-8.5, and an ash content which shall not exceed 7.0% ofthe product by weight. Wood cellulose fiber hydraulic mulch products shall be capable of remaining in suspension (slurry) with water under agitation so that such products shall readily blend with seed, fertilizer, and limestone to form a uniform slurry. J. Mulch T ackifier: Shall be a non-asphaltic, biodegradable tackifier material suitable for application with approved equipment. Tackifier products shall be delivered to site in factory-labeled packages and stored and handled in strict compliance with manufacturer's instructions and recommendations. Tackifier products shall be applied according to the label directions of the manufacturer of the produ.cts. K. Steel Staples: Staples shall be either of 'u' or 'T' shape. 'u' shape staples shall be 11-gauge U- shaped wire, with width not less than 1.5 inches and length not less than 6.0 inches. 'T' shape staples shall be 8-gauge T -shaped wire, with main leg not less than 8.0 inches long and secondary leg not less than 1.0 inch long and head not less than 4.0 inches wide. L. Post-Emergent Weed Control: In newly established lawn areas, a post-emergence weed control chemical shall be used to control the growth of broad leaf weeds in strict accordance with labeled instructions. Grantee shall provide SGAO with label of chemical before applying. M. Seed: All grass seed mixtures and blends used for temporary or permanent lawn establishment shall have an official Certification label affixed to each container identifying the Certifying agency, the reference number, the variety name (if Certified as to variety), and the kind and class of seed. Where the complete labeling information is printed on the Certification tag, the percentage of other crops and other varieties will be shown as a total of the two and listed as other crops. Labels shall be attached to containers in a manner that prevents removal and reattachment without tampering being obvious. 2.02 SOD A. The species of sod required for lawn establishment is 'Tifsport' bermudagrass overseeded with 'T3'Transitional Ryegrass and shall be indicated on the plans and/or described in the cover letter accompanying these specifications. Sod shall be certified by the grower to be true to the specified species and cultivar. All sod will have an official certification label accompanying each load and the label must be attached to a dated invoice or labeling information. Sod shall be strongly rooted machine-cut sod of uniform density, color and texture. Sod shall be free of disease, weeds and undesirable native grasses and machine-cut to pad thickness of 3/4" to 1", excluding top growth and thatch. Sod used for this project shall be delivered and installed as rolls and shall be a minimum of 75 feet long and a minimum of 42" in width. B. Sod shall be harvested, delivered, and installed within a period ofthirty-six (36) hours. Sod shall be inspected and approved or rejected by the SGAO, or designee, prior to its installation. PART 3 - EXECUTION 3.01 GENERAL A. Limits of T opsoiling and Lawn Establishment: Topsoil, whether stockpiled or imported to site, shall be placed to a depth of 4" within the entire limits of construction unless otherwise noted on plans. Areas SITE GRADING AND LAWN ESTABLISHMENT - 02920 7 II 1I11 II Iii to receive seeded lawn or sodded lawn shall be indicated on the plans and/or described in the cover letter accompanying these specifications. B. Time of Planting: Grading and lawn establishment operations shall be conducted under favorable weather conditions. These operations may, however, be conducted under unseasonable conditions at the option and on the full responsibility of the Grantee and with the approval of the SGAO, or his designee. If losses occur, there shall be no additional cost to the City. C. Protection of Lawn Areas: Before any construction begins, precautionary measures shall be taken to protect all existing lawn areas that are to be trucked over and upon which soil is to be temporarily stockpiled. Any existing lawn areas on or off the construction site that have been damaged by the Grantee shall be repaired to the satisfaction of the SGAO, or his designee, with no additional cost to the City. 3.02 ROUGH GRADING, TOPSOILlNG AND FINE GRADING A. Rough Grading (Sub-Grade Preparation) 1. Scarify or rip sub grade to depth of 4 inches where topsoil is scheduled. Scarify or rip soil in areas where equipment used for hauling and spreading topsoil has compacted subsoil (6 inch minimum depth is required). Any existing vegetation in the area of lawn establishment shall be sprayed with Roundup or other approved herbicide prior to disturbance of the area. Herbicides are to be applied by licensed applicators in strict accordance with labeled instructions. After appropriate time lapse they are to be sprayed again and dead organic matter removed from the site before grading operations are begun. 2. Eliminate uneven areas and low spots. Remove debris, roots, branches, and stones in excess of two inches in size. Remove any subsoil contaminated with petroleum products or other construction-related material. In the absence of a grading plan, the rough grade shall provide positive drainage to drain structures, curb lines, and adjoining paved areas. The rough grade shall be left 2-4" below drain structure rims, curb lines, and adjoining paved areas to allow placement of topsoil. B. Topsoiling and Fine Grading 1. Place and spread 4" of imported topsoil on entire site within the limits of work or as otherwise noted on plans. 2. Grade topsoil to eliminate rough or low areas. Remove all exposed stones, roots, grass, weeds, debris, and foreign material while spreading. Maintain levels, profiles, and contours of sub-grade. Manually spread topsoil around trees, plants, buildings and new work to prevent damage. In the absence of a grading plan, the finished grade shall provide positive drainage to drain structures, curb lines, and adjoining paved areas. 3. For conventional lawn seeding or sodding, in the absence of a site-specific soil test which indicates otherwise, apply lime at a rate of 50 Ibs. per 1000 sq. ft., and starter fertilizer at a rate which provides 1 lb. of total nitrogen per 1000 sq. ft. based on fertilizer analysis. Fertilizer and limestone applications shall be made with appropriately calibrated equipment in one or more separate operations. Limestone and fertilizer shall be worked into the top six inches of the soil before fine grading or seeding. Fertilizer may be applied up to 10 days before seeding. Limestone may be applied up to 30 days before seeding. 4. Lightly compact topsoil. Stones and other debris with a diameter over one inch shall be SITE GRADING AND LAWN ESTABLISHMENT - 02920 8 removed from the surface of the topsoil. A raked, uniform fine grade shall be established so that no depressions or high spots greater than 1/2 inch are present and water drains to structures, ditches, swales and paved surfaces as intended on the site plan. Topsoil shall be hand-raked around trees, plants, buildings and new work to prevent damage. If lawn is to be established by sodding, an allowance for sod thickness shall be allowed adjacent to sidewalks, curbs and any other fixed final elevations. 3.03 CONVENTIONAL LAWN SEEDING A. Seed Application 1. Seed distributed by conventional seeding methods, or by culti-packer/seeder equipment, shall be uniformly spread in two directions at right angles to each other, using one half of the total seed to be distributed in each direction. If extreme slopes interfere with the safe or practical use of the seeding equipment, one or more passes in the same direction shall be an acceptable substitute. After the seed is distributed, the seed shall be incorporated into the soil to an average depth of 1/8 to 1/4 inch below the soil surface. Areas which receive seed by conventional seeding methods shall be rolled with a weighted roller after seeding, so that the seed is pressed firmly into the soil. B. Mulching 1. Straw and hay seed mulches shall be spread uniformly over the soil surface at a rate of 1.5 bales per 1000 sq. ft. The straw or hay mulch shall cover a minimum of 80% of the soil surface in a layer from 0.5 to 1.5 inches thick, with a maximum of 10% of the soil surface covered with straw or hay mulch over 2.5 inches in thickness. Liquid mulch binder and/or tackifier products shall be used to anchor straw or hay seed mulches when the liquid mulch binder and/or tackifier products are applied according to the manufacturer's label directions or according to application rates and methods that ensure that the straw or hay seed mulch is firmly held from erosion while still allowing the passage of emerging seedlings. 2. As an alternative straw or hay mulch, and on all slopes steeper than 4:1, wood fiber or wood cellulose fiber plus a liquid tackifier product used as hydraulic mulch for turfgrass seeding shall be applied in accordance with the label directions of the manufacturer. A minimum of 80% of the soil surface shall be covered with hydraulic mulch, or as may be necessary to ensure that the wood fiber, wood cellulose fiber hydraulic mulch is securely held in place so that minimal amounts of seed and/or soil are permitted to erode from the seeding site, while still allowing the passage of emerging seedlings. 3.04 HYDRAULIC SEEDING (HYDRO-SEEDING) A. Hydraulic Seeding Suspension (Slurry) 1. Fertilizer and limestone may be applied as described in 3.02.8.2 of these specifications before hydro-seeding operation is begun. Alternatively limestone and fertilizer shall be mixed into hydraulic seeding suspension. In the absence of a site-specific soil test which indicates otherwise, apply lime at a rate of 50 Ibs. per 1000 sq. ft., and starter fertilizer at a rate which provides 1 lb. of total nitrogen per 1000 sq. ft. based on fertilizer analysis. When seed is included in the hydraulic seeding suspension, the amount of fertilizer added to the hydraulic seeding suspension shall not exceed 2lbs. pounds of nitrogen per 1000 sq. ft. When limestone is applied with seed in the hydraulic seeding suspension, the amount of limestone included shall not exceed 50 Ibs per 1000 If (2,200 Ibs. per acre). Pulverized limestone or pelletized limestone shall be the only limestone used for this application: SITE GRADING AND LAWN ESTABLISHMENT - 02920 9 II 1111 II 1,\ neither granulated limestone, nor burnt lime, nor hydrated lime shall be used for hydraulic seeding. When fertilizer and/or limestone is included in the hydraulic seeding suspension with seed, the maximum combined weight of fertilizer and limestone included in the hydraulic seeding suspension shall not exceed 150 pounds per 100 gallons of water. 2. Hydraulic seeding equipment shall be operated according to the directions for operation provided by the manufacturer of the hydraulic seeding equipment. Hydraulic seeding applications shall ensure that all materials which may be included in the hydraulic seeding suspension, including seed, hydraulic mulch, tackifier, mulch binder, dye, fertilizer, and limestone, are added in the required amounts and sequence, and are fully mixed before and during application. Hydraulic seeding applications shall be made so that the hydraulic seeding suspension falls as a uniform spray onto the soil, and so that minimal areas within the seeding site shall receive significant underapplication or overapplication. B. Mulching 1. In all cases, hydraulic seeding suspension shall contain the appropriate hydraulic mulch, green dye, and a non-asphaltic mulch tackifier. 3.05 SODDING A. Time of Sodding: Sodding operations shall be conducted under favorable weather conditions. Sodding operations may, however, be conducted under unseasonable conditions at the option and on the full responsibility of the Grantee and with the approval of the SGAO, or his designee. If losses occur, there shall be no additional cost to the City. B. Installation Procedure 1. During periods of high temperature and after all unevenness in the soil surface has been corrected, the soil shall be lightly irrigated immediately prior to laying the sod. 2. The first row of sod shall be laid in a straight line with subsequent rows placed parallel to and tightly against each other. If the area is a slope steeper than 4: 1, sod shall be placed in rows perpendicular to the direction of the steepest part of the slope. Lateral joints shall be staggered to promote more uniform growth and strength. All joints shall be butted tightly in order to prevent voids which would cause air drying of the roots. On slopes 3: 1 or steeper, sod shall be anchored with steel staples placed 3' apart, with at least two staples per sod strip. 3. Immediately upon completion of a section of sodding, sod shall be rolled or tamped to ensure direct contact with the topsoil. Sifted topsoil (sand may be used for Bermudagrass sod) shall be used to level minor cracks in the joints between sod pads. Excess soil shall be removed to avoid smothering of adjacent grass. 4. Immediately after, planting, sodded areas shall be watered thoroughly. Sufficient water shall be applied to ensure penetration of moisture through the bottom of sod pads and into topsoil to a depth of 4 to 6 inches. 5. Protection of newly sodded areas with boundary fencing, stakes with ribbon, or other means shall be the responsibility of the Grantee. SITE GRADING AND LAWN ESTABLISHMENT - 02920 10 II 1111 II III 4&~_~.~'~.) ~1-&)] ~. II ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of City rights-of-way known as 53% Street and Ocean Front Avenue for Samuel W. Zimmer MEETING DATE: September 22, 2009 . Background: Samuel W. Zimmer has requested permission to remove an existing block paver wall and a portion of an existing brick walk that currently encroaches approximately 3' into the right-of-way of 53% Street, and in its place to construct and maintain a 6" cobblestone curb, approximately 2' into the 53% Street right-of- way, with an asphalt pavement expansion, and to modify an existing cobblestone planter located in the rights-of-way of 53% Street and Ocean Front Avenue. He also requests permission to maintain existing pavers in the Ocean Front Avenue right-of-way, located adjacent to his property at 5303 Ocean Front Avenue, Virginia Beach, Virginia. . Considerations: Mr. Zimmer has obtained the written support of the adjacent property owners for the proposed encroachments as designed. (See attached letters.) City Staff has reviewed the requested encroachments and has recommended removal and/or denial of the block paver wall, the cobblestone curb and the planter. These items constitute fixed objects in the roadway which pose navigational difficulties for trash trucks and emergency vehicles traveling down 53% Street. The right-of-way width on 53-1/2 Street is only 15 feet, and is limited to less than 12 feet with the current encroachments. Because the curb radii at the intersection with Ocean Front Avenue are substandard, larger vehicles, including trash trucks and emergency vehicles cannot make turns onto or off of 53-1/2 Street if other vehicles are parked near the intersection. Also, the small width of the road causes some problems with servicing trash containers. Further, the encroachments could pose safety-clear zone issues for bicycles and pedestrians. There is an existing block wall located on the opposite side of the intersection of 53% Street and Ocean Front Avenue which appears to be on private property (106 54th Street - see photo and exhibit drawings). . Public Infonnation: Advertisement of City Council Agenda. . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Deny the request to construct and maintain a 6B cobblestone curb, approximately 2' into the 53% Street right-of-way, with asphalt pavement expansion, and to modify an existing cobblestone planter located in the rights-of-way of 53% Street and Ocean Front Avenue. Order the removal of the existing btock paver waH that currently encroaches approximately 3' into the right-of-way of 53% Street and the existing cobblestone planter located in the rights-of-way of 53% Street and Ocean Front Avenue. Approve the encroachment request for permission to maintain existing pavers in the Ocean Front Avenue right-of-way located adjacent to 5303 Ocean Front Avenue. . Attachments: Ordinance. Agreement, Exhibit Drawings. Support Letters, Pictures and Location Map Recommended Action: Denial of the Ordinance. ge y: Public WorkslReal Estate ~- F o/-,Ao: City Manager: 111111 , II II III 1 Requested by Department ot Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO PORTIONS OF CITY RIGHTS- 6 OF-WAY KNOWN AS 53~ STREET 7 AND OCEAN FRONT AVENUE FOR 8 SAMUEL W. ZIMMER 9 10 WHEREAS, SAMUEL W. ZIMMER desires to remove an existing block paver 11 wall and a portion ot an existing brick walk that currently encroaches approximately 3' 12 into the right-ot-way ot 53~ Street, and in its place to construct and maintain a 6" 13 cobblestone curb, approximately 2' into the 53~ Street right-ot-way, with an asphalt 14 pavement expansion, and to modify an existing cobblestone planter located in the 15 rights-ot-way ot 53~ Street and Ocean Front Avenue, and to maintain existing pavers 16 in the Ocean Front Avenue right-ot-way, located adjacent to his property at 5303 Ocean 1 7 Front Avenue, Virginia Beach, Virginia. 18 19 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 20 Code ot Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's right-ot-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereot contained in 99 15.2- 26 2009 and 15.2-2107, Code ot Virginia, 1950, as amended, SAMUEL W. ZIMMER, his 27 heirs, assigns and successors in title are authorized to construct and maintain 28 temporary encroachments tor a 6" cobblestone curb, approximately 2' into the 53~ 29 Street right-ot-way, with asphalt pavement expansion, and to modify an existing 30 cobblestone planter located in the rights-ot-way ot 53~ Street and Ocean Front Avenue, 31 and to maintain existing pavers in the Ocean Front Avenue right-ot-way, all as shown on 32 the map marked Exhibit "A", consisting ot three (3) sheets and entitled: 33 "ENCROACHMENT AGREEMENT EXHIBIT ZIMMER RESIDENCE GPIN 2418-89- 34 6893-5303 CONDOMINIUM PLAT 53RD AND OCEAN FRONT CONDOMINIUM BEING 35 LOT 13, BLOCK 3, UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA," a copy 36 ot which is on file in the Department ot Public Works and to which reterence is made tor 37 a more particular description; and 38 39 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City ot Virginia Beach and SAMUEL W. ZIMMER (the "Agreement"), which is attached 42 hereto and incorporated by reterence; and 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 45 is hereby authorized to execute the Agreement; and 46 47 48 49 50 51 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as SAMUEL W. ZIMMER and the City Manager or his authorized designee execute the Agreement. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. CA-11007 X:IOIDlREAL ESTATElEncroachmentslPW OrdinanceslCA11007 Zimmer Ordiance.doc V:\applicationslcitytawprodlcycom32IWpdocs\D012\PO05\O0015623.DOC R-1 PREPARED: 6/23/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~r1(Q)~- rpUBLlC WORKS, REAL ESTATE ~ ~:Jml. Nell L. Ford, Special Council for the City Attorney day II ;1111 II 11\ PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this \'&~ day of ~\J!;}- ,2009, by and between the CITY OF VIRGINIA BEACH, VI RGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SAMUEL W. ZIMMER, HIS 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 condominium unit known, designated, and described as "Unit B" in 53rd and Ocean Front Condominium, together with an undivided interest in the common elements appertaining to such unit, with such unit being shown on that certain plat entitled: "CONDOMINIUM PLAT 53RD AND OCEAN FRONT CONDOMINIUM BEING LOT 13, BLOCK 3 UBERMEER M.B. 7 P. 150 LYNNHAVEN BOROUGH VIRGINIA BEACH, VA. SCALE l' = 10' 18 MARCH 1987 REV. 11 MAY 1987" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 194, at page 54, and being further designated, known, and described as 5303 Ocean Front Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 6" cobblestone wall with asphalt pavement expansion, to modify an existing cobblestone planter, and to maintain existing block pavers, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 2418-89-6893-5303 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of the existing City rights of way known as 53 % Street and Ocean Front Avenue, the "Encroachment Area"; and 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 a nd 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, consisting of three (3) sheets entitled: "ENCROACHMENT AGREEMENT EXHIBIT ZIMMER RESIDENCE GPIN 2418-89-6893-5303 CONDOMINIUM PLAT 53RD AND OCEAN FRONT CONDOMINIUM BEING LOT 13, BLOCK 3, UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA" copies of which are attached hereto collectively 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. 2 I' 1111 II III It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upo n notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees. from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend a n 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 anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. 3 Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood a nd agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 4 111111 , II II 1'1 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engi neering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such com pensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, SAMUEL W. ZIMMER; the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Managerl 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 Clerkl 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 111111; II 1II1 U'6-~ SAMUEL W. ZIMMER STATE OF VIRGINIA CITY/COUNT1 OF ~\t\\tILl?Vch., to-wit: The foregoing instrument was acknowledged before me this ~ day of ~~0~\-- , 2009, by SAMUEL W. ZIMMER. ~~:._~ (SEAL) Notary ublic Notary Registration Number: t- rt bq, \, \- My Commission Expires: L \ 1.g \ 1.0 \ , ---- 1_ 1 I - ...... .... - ;I APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~t!- C. ~"" NATURE rill ,~jlAL Nell L. Ford, Special Counsel for the City Attorney Piv REn} ~ DEPARTMENT immer, Samuel & Pamela - GES\Agreement Encroachment.doc 7 54 TH STREET LOT-7 REMOVE EX 12" BLOCK PAVER WALL & PORTION OF EX BRICK WALK .. LOT-6 I.C) ,'"",' """i ,"f -t{r1 "" / ;'.;.:::,z;<Z;::'E";'7;"?/:;;'.!.";;:;::~~ PIN f"OUND E ....I ~~\) ~\. C{lJ ~ 0.20' (0 N c:i REBUILD Q~ ~~ q:~ ~~ q:~ \ " #5303 - UNIT 8 OCEAN FRONT AVENUE.... EX 3-STORY FRAME WITH VINYL SIDING CONDOMINIUM ': r;' \ ',..:< VV,.4.1J 1.C~1 U tf\P ~' > .r)' APPROXIMATE: LOCAnON OF CONDOMINIUM UNIT LINE .. (Q ~ ~ Cr) LOT-14 ~ ~ .. (Q ~ ~ ~ LOT -13 UNIT A (NOT SHOWN) FLOOD ZONE 'AO' DEPTH 1 FOOT 18~CKI dote: 9/11/08 revised: 01/29/09 file: 208-0309_Ex.dwg tech: WJW :{ ;~! !\;"l ':" ~- F- t1~i 92lt) ~~. V) ,,"''''1 ~~f~ {:i2~ !ij~ '\:::. 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VA 23452 .. ~ ~ ~ ~ LOT-f3 UNIT A (NOT SHOWN) FLOOD ZONE 'AO' DEPTH 1 FOOT I B~CKI dote: 9/11/08 revised: 01/29/09 file: 208-0309_E)(,dwg tech: WJW I B:;CKI LOT -4 LOT -5 proj. no. 208-0309 project: ENCROACHMENT AGREEMENT EXHIBIT EXHIBIT "A" ZIMMER RESIDENCE GPlN. 2418-89-6893-5303 CONDOMINIUM PLAT 53rd AND OCEAN FRONT CONDOMINIUM BEING LOT 13, BLOCK 3 UBERMEER (M.B. 7. P. 150) VIRGINIA BEACH, VIRGINIA scale: I drawing title: 1-.20' IMPROVEMENT PLAN SHEET 2 OF 3 ~.. ...,,:<::::/:~:>., ,,' u,"-:" '.. ..' , , . ' !... / ..-,...., t...{ ,:...! . .",,-.-.-.,,-- ........"...... , " " ..' , .'" , 'I' FIELD ~ 53 WJ 112 S TR;ET 1 , l'Ij 0.86'1 PLAT = 15 WAY .... L---t----- /.,// ~ ~ ~ ~ h::- ~ '- ~ i ~ '" " ~ ~~... ~ ~ ~ ~ r PAVEMENT SAWCUT FOR ASPHALT PAVEMENT EXPANSION 2.00' 0.53' /,- _C_ ~ _L --l , (<J [;.; I y~ r) I .'..1 SAWCUT PAVEMENT DETAIL SCALE: 1" - 10' 1.5" V.D.O.T. ST'D SM-2A BITUMINOUS CONCRETE SURFACE ~ TACK COAT 3" V.D.O.T. ST'D BM-2 BITUMINOUS CONCRETE SURF ACE V.D.O.T. ST'D TYPE 1 SIZE 21-A AGGREGATE SUB-BASE COMPACTED TO 95'- MAX. DENSITY. 6" 6" COMPACTED SUB-GRADE NOTE. WHERE BOTTOM OF PAVEMENT SECTION DOES NOT REACH SUB- GRADE THE SELECT MATERIAL (CBR~15) SHALL BE USED AS BACKFILL & COMPACTED TO 95"/. MAX. DENSITY ASPHAL T PAVEMENT SECTION SCALE: NTS date: 9/11/08 revised: 01/29/09 file: 208-0309_Ex.dwg tech: WJW project: ENCROACHMENT AGREEMENT EXHIBIT EXHIBIT '''A'' ZIMMER RESIDENCE GPIN. 2418-89-6893-5303 CONDOMINIUM PLAT 53rd AND OCEAN FRONT CONDOMINIUM BEING LOT 13. BLOCK 3 UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA ~;~110' I ~~~i~~~~~ PLAN Landscape Architects 757.431.1041 land Surveyors wplsite,com Civil Engineers 242 Mustang Trail, Suite 8 Virginia Beach, VA 23452 proj. no. 208-0309 SHEET 3 OF 3 I' 111111 ' II : I I'll GEORGE THOMPSON BASKERVILLE ill ~ J' , OcT 3;)00B VGtL (Vj L-. L.A-tJ)o tJ,' As A- eE5 ( 7)~ ( tJ C AJ 0 iZ./J.-f.- r) t2: +cL( r::otL 1+0dJr (0 M i>"'; itJ- 5 o? C?kJ.+. 'f ~ 4-<<: '" /1y j.J(?c:.. 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Z i;'/ ,.ot.r <2.t:.S ~ )J 110 54lh Street Virginia Beach, Virginia 23451 October 7, 2008 Mr. James C. Lawson Department of Real Estate Building 2, Room 392 Municipal Center Virginia Beach, V A. 23456 Re: Sam & Pam Zimmer Wall at 53 1/2 St. & Oceanfront Ave. Dear Mr. Lawson: I understand that the Zimmers have applied to the City for a Variance for a six inch wall on the alley (or 53 Y2 Street) side of their home at 5303 Oceanfront Ave. Please be advised that the Zimmers are fine neighbors who maintain their property quite nicel~. We use the alley extensively in connection with our home at 110 541 Street and are quite familiar with locale of the proposed wall. We have no objection to the wall or the proposed Variance and hope you will give it favorable consideration. Let us know if you have any questions or we can help in any way. ; . Sincerely, ~~~k~~f 2tn;1 -+HIHI , 11-- I I Oct.2,2008 Mr. James C. Lawson Dept. of Real Estate Building 2, Room 392 Municipal Center Va. Beach, VA 23456 ifF;}} Re: Zimmer request for variance at 5303 Oceanfront Ave. Dear Mr. Lawson, Pam and Sam Zimmer, who are neighbors of ours, have taken time to share their revised plans to reduce the current stone wall in the alleyway next to their home on 5303 Oceanfront Ave. We understand that the current structure will be reduced by approximately I .5 ft. ( towards their outside shower) to the south and asphalted to that new line. We also understand that they will reduce the current wall to be 6 inches above the level of the alleyway. We are in full support of their revised plan, since we think the new structure will definitely be an enhancement to the alleyway. The Zimmers are meticulous caretakers of their property and this change will not only improve the overall appearance of their home, but the alley itself. We would hope that you would act favorably on their request. Sincerely, rl ----- /J!l!Pt~ U/ dk~~c j), 1t/L~ David G. V~uzanne D. Wilson 109 53rd Street Va. Beach, Va. 23451 q('^' J. B. CAMPBELL, Ltd. 1000 WEST FRANKLIN STREET RICHMOND, VA 23220 October 2, 2008 ;' 2008 Mr. James C. Lawson Dept. of Real Estate Building 2, Room 392 Municipal Center Virginia Beach, V A 23456 ,-, ." \ Re: 5303 Oceanfront Drive, Mr. & Mrs. Sam Zimmer My wife and I support the request for the 2 foot variance on the unimproved portion of the alley at 53rd Y2 S1. Our home is attached to the Zimmer's home by a breezeway and they have done nothing but improve their property since they moved in. The landscaping and general overall appearance has been maintained at a high level. The alley has been cleaned up and even made easier for vehicles to enter and exit the alley from Oceanfront Drive as a result of their work. We respectfully ask that you support such efforts that improve our neighborhood. Thank you for your consideration. Sincerely, Ct--/~ ~.~ G~(Liz . . B. & Lois Campbell . 107 53rd 8t. Virginia Beach Phone 804.355.7095 Fax 804.355.1906 email: jbclimited@aol.com II 1111" , II y~( James C. Lawson Department of Real Estate Building 2, Room 392 Municipal Center Va. Beach, VA. 23456 I ,';~:'~-J.Ci:"':Tf!':~:~~tl" i ,~, , (Ji I J " Z \ . < b GOB \::'~s,~, / ":,>'.-.~ ..... / -~5\?S) . October 14, 2008 Dear Mr. Lawson, As the former owner of 5303 Oceanfront Ave., and the current next- door neighbor of the property, I would like to take a moment of your time to express my feelings on the controversy surrounding the wall that Sam and Pam Zimmer have had constructed on the alleyway. When I owned 5303 Oceanfront Ave. (1988-2000), the area in question was a wooden pier style walkway with a planter at the corner of the alley and Oceanfront Ave. The stonewall that the Zimmer's have constructed is in the exact location as the old walkway. The wall is far more appealing to the neighborhood and adds a great look to the alleyway. Please give them all the leeway you can to maintain the current beauty of the stonewall they have built. The Zimmer's have worked hard on this property, and it is a great example of what a property on Oceanfront Ave. should look like. The are very conscious of what good looks add to the value of our block. .,~ "'--~ Robert G. Whitten ( Bobby) 106 54th street Virginia Beach VA 757 491 4617 23451 II III ------------ II c: III 8 o "0 c: Ill...... ~~ ~~ ~ Il\ ~\D ..~ III ....... - . ti Ql ~l :.10" u c: o 0 - .. 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CD Ol o M N -- ~ ::;, 10 ~ ::;, en fb Q) .0 ~ Q) U) ~ o a. a. ::;, U) II 11111, , II II 1'1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing and Directing the City Manager to Execute a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, and the Town of Smithfield MEETING DATE: September 22, 2009 . Background: In November 1990, the City Council passed an ordinance authorizing the City Manager to execute a Mutual Aid Agreement for police services with Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach and James City. That agreement was updated in October 2003 to allow the localities of Williamsburg, York and Smithfield to join the agreement. The proposed update will allow the localities of Franklin, Poquoson, Accomack, Gloucester, Isle of Wight and Northampton to join the agreement. . Considerations: By executing this Agreement, the City ensures it inclusion in this multi-jurisdictional Mutual Aid Agreement. This agreement is separate and distinct from the Statewide Mutual Aid agreement to which this City is also a party, as the statewide agreement is only triggered when the Governor declares a state of emergency. . Public Information: This item will be advertised in the same manner as other items on Council's agenda. . Recommendations: Adopt Ordinance. . Attachments: Ordinance, Mutual Aid Agreement and Summary of Terms Recommended Action: Approval Submitting De City Manager: 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A POLICE MUTUAL AID 3 AGREEMENT WITH THE CITIES OF CHESAPEAKE, 4 FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, 5 POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA 6 BEACH, WILLIAMSBURG, AND THE COUNTIES OF 7 JAMES CITY, ACCOMACK, GLOUCESTER, ISLE OF 8 WIGHT, NORTHAMPTON, YORK, AND THE TOWN OF 9 SMITHFIELD 10 11 WHEREAS, Virginia law authorized local governments to enter into reciprocal 12 agreements for mutual aid and for cooperation in the furnishing of police services; and 13 14 WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, 15 Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia 16 Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of 17 Wight, Northampton, York, and the Town of Smithfield to enter into an agreement 18 concerning mutual aid and cooperation with regard to law enforcement, increasing the 19 ability of the local governments to promote the safety and welfare of the entire area. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the accompanying Police Mutual Aid Agreement is approved and that the 25 City Manager be directed to execute said Agreement on behalf of the City of Virginia 26 Beach. of Adopted by the council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ~_J~ I k Management APPROVED AS TO LEGAL SUFFICIENCY: ~~- CA11285 R-1 September 10, 2009 II IIII" II III SUMMARY OF TERMS I. Event - an incident requlflng a law enforcement response that exceeds the equipment and/or personnel resources of the member's Police Department. 2. Mutual Aid Ae:reement - An agreement between seventeen localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's law enforcement department. The Agreement also provides arrest authority for officers responding to the requesting jurisdiction's locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature - Outlines the procedures of the City of Virginia Beach to provide and receive law enforcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term - This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and will rescind the 2003 Agreement upon execution. 5. Insurance - Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. LAW ENFORCEMENT MUTUAL AID AGREEMENT THIS AGREEMENT, made this 1st day of June, 2009, by and among the Cities of CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision of the Commonwealth of Virginia; the Sheriff of the County of ACCOMACK; the Sheriff of the County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County of NORTHAMPTON; the Sheriff of the County of YORK; and the Town of SMITHFIELD. WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the twelve local governments and the Sheriffs of the Counties of Accomack, Gloucester, Isle of Wight, Northampton and York have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions of this Law Enforcement Mutual Aid Agreement be established. NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows; 1 II llllli II III any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any city, county, town or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law enforcement purposes, concerning any offense in which the entering law enforcement agency may have a'valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with ~~ 15.2-1724; 15.2- 3 I. Each party will endeavor to provide law enforcement support to the other parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police or Sheriff of the requesting party, or their respective designee. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: imiformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operation of temporary detention facilities. 7. Nothing contained in this Agreement should in any manner be construed to compel 2 II "111' , II II III 1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 of the Code of Virginia, as amended. Law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries pursuant to this Agreement. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party requesting assistance. 13. All pension, relief, disability, worker's compensation, life and health insurance and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdictions shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provision of these benefits shall remain the responsibility of the employing party. 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against 4 all other parties hereto which may arise out of their activities outside their respective jurisdiction. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or another governmental agency. Neither shall the parties be liable to each other any other costs associated with, or arising out of, the rendering of assistant pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or another governmental agency. 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties. 5 1II1I11 . II II III IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager, county administrator, town manager or Sheriff; the official seal of each city, county and town affixed hereto and attested by their respective city, county or town clerk, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. CITY OF VIRGINIA BEACH BY: City Manager ATTEST: City Clerk Resolution/Ordinance #: Adopted On: 6 II 11II1I I II II 111 ~ ~~~~~~) t9 "~-".'~~ 0' \~~ < ~ J:J ~~~.?' ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish CIP 3-150, Virginia Beach Field House Emergency Shelter, and to Transfer $425,000 from CIP 2-208, Constitution Drive Extended to CIP 3-150 MEETING DATE: September 22,2009 . Background: In October 2006, the City of Virginia Beach Department of Parks and Recreation commissioned a market analysis, called the Indoor Sports Venue Feasibility Study, to determine the feasibility of an indoor sports facility in the Princess Anne Commons area. As recommended in the study, the City of Virginia Beach coordinated a Request for Proposals (RFP) process to identify potential developers/long-term operators to not only make an investment to build the facility but to commit to operating it long-term in Virginia Beach. The proposal from Virginia Beach Field House, LLC, (VBFH,LLC) was determined to be the partnership which could meet all of the City's expectations for the facility. The facility conceptual plan and corresponding business plan was fine-tuned, and VBFH, LLC is now in the process of having a land lease and construction plans submitted for City approval. The Virginia Beach Field House is now planned to be in the heart of the Princess Anne Commons Athletic Village, on a lease area of 12.7 acres, with a building size of 150,800 square feet and future expansion potential of another 35,250 square feet. The City needs a shelter that can accommodate several thousand people during an upper level Category Two Hurricane. The size and scope of the Field House presented the opportunity to solve the City's need for a shelter. At the City's request, the developer looked at the structural, electrical, and design considerations needed to upgrade the Field House in the case of an emergency. . Considerations: The owners of VBFH, LLC have agreed to modify the design and construction of the Virginia Beach Field House in the Princess Anne Commons Athletic Village to accommodate an upper level Hurricane Category Two. During a declared emergency, this facility could also be prepared to receive those citizens who may require special care. The additional structural and electrical costs, which will be borne by the City, are estimated at $425,000, and this amount can be transferred from CIP 2-208 Constitution Drive Extended. Sufficient funding will remain in CIP 2-208 and the project schedule will not be impacted. The $425,000 will be placed in a newly created capital project, CIP 3-150 Virginia Beach Field House Emergency Shelter. . Public Information: Public information will be handled through the normal agenda process. . Attachments: Ordinance Recommended Action: Approval of ordinance k;J ./ Submitting De Agency: Management Servic~ City Manage . ~ 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 AN ORDINANCE TO ESTABLISH CIP 3-150, VIRGINIA BEACH FIELD HOUSE EMERGENCY SHELTER, AND TO TRANSFER FUNDS FROM CIP 2-208, CONSTITUTION DRIVE EXTENDED, TO CIP 3-150 WHEREAS, the City has reached an agreement with the owners of Virginia Beach Field House, LLC corporation, who will modify the design and construction of the Virginia Beach Field House to be built at the Princess Anne Commons Athletic Village, to provide an emergency shelter, which can accommodate an upper level Category Two Hurricane; and WHEREAS, the additional modification cost estimated at $425,000, to be borne by the City, can be provided by transferring from CIP 2-208, Constitution Drive Extended to CIP 3-150, Virginia Beach Field House Emergency Shelter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP 3-150, Virginia Beach Field House Emergency Shelter, is hereby established as a capital project. 2. That $425,000 is hereby transferred from CIP 2-208, Constitution Drive Extended, to CIP 3-150, Virginia Beach Field House Emergency Shelter, to increase the City's inventory of emergency shelters. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj~A~Q. ~ Management Services ~~ -' CA11287 R-2 September 14, 2009 II 111111 , II 1<1 Initiative Report Evacuation Shelter and the Viriinia Beach Field House INITIATIVE As the field house is the largest facility under design and soonest to be constructed, City staff has been investigating the possibility ofpartnering with the private developer to create a solution to our City's need for an upper level Category Two Hurricane shelter which can accommodate several thousand citizens during a declared emergency. This facility could also be prepared to receive those citizens who may require special care. BACKGROUND The Virginia Beach Field House started with a vision from a partnership, legally known as Virginia Beach Field House, LLC, (VBFH, LLC,) who have developed and successfully operated a 75,000 square foot field house in Fredricksburg, Virginia. The Fredricksburg Field House includes five multi- purpose fields with artificial "field turf," all of the necessary supporting amenities, that offer soccer, lacrosse, field hockey, flag football, dodge ball, and volleyball all year long in a climate-controlled environment. VBFH,LLC saw the opportunity to provide that same type of indoor recreational amenity, but at a much larger scale, for the Hampton Roads area and targeted Virginia Beach as the location. In October 2006, on a parallel path, the City of Virginia Beach Department of Parks and Recreation commissioned a market analysis, called the Indoor Sports Venue Feasibility Study, to determine if such a facility would be a good fit for the Princess Anne Commons area. The study, conducted by industry leaders Brailsford & Dunlavey, affirmed that the Hampton Roads market was ripe for such a facility - - a year-round, climate-controlled, state-of-the-art indoor athletic facility for community recreational use in the Princess Anne Commons area. As recommended in the study, the City of Virginia Beach coordinated a Request for Proposals (RFP) process to identify potential developers/long-term operators to not only make an investment to build the facility but to commit to operating it long-term in Virginia Beach. VBFH,LLC's proposal was determined to be the partnership which could meet all of the City's expectations for the facility. The facility conceptual plan and corresponding business plan was fine-tuned and VBFH, LLC is now in the process of having their land lease with the City executed and their construction plans submitted for City approval. The Virginia Beach Field House is now planned to be in the heart of the Princess Anne Commons - Athletic Village, on a lease area of 12.7 acres, with a building size of 150,800 square feet and future expansion potential of another 35,250 square feet. On July 23, staff held a meeting with multiple department representation and John and Tom Wack from the Chesapeake Sports Group. The Wack brothers are the owner/partners ofVBFH, LLC, and are completing design for the construction of the Virginia Beach Field House in our Princess Anne Commons Athletic Village adjacent to the Sportsplex. 9/15/2009 1 The purpose ofthe meeting was to determine the intended occupancy category of the facility, the structural capacity of the building to withstand wind loads and the capacity of the skin to resist wind borne debris impacts. Additionally, we inquired as to the electrical configurations of the intended field house design and the types of exterior glass and door configurations within the facility. Both of the Wack brothers were extremely cooperative and took the time to provide a facility briefing to the staff gathered. Our staff intent was to take advantage of the single largest building which the City will be constructing that could provide a much needed sheltering capability for our citizens. It is the determination of staff that we have a need for an increased hurricane category level sheltering facility. Though we have constructed a few Occupancy Category IV "essential" Public Safety facilities, the current sheltering facilities for our citizens within the City are limited Occupancy Category III schools. Thirteen of them are designated as primary shelters and 10 are designated as secondary shelters. Of the thirteen primary shelters, 12 are rated to withstand a Category One Hurricane (74-96 mph sustained winds). Only one is are able to withstand a low level Category Two Hurricane (96-110 mph sustained winds). The Category Two Hurricane sheltering capacity for the City is approximately 600 individuals. Unfortunately, no special needs shelter has been established for our City. A GIS product displaying the City's shelters is attached. It was very clear from our discussions with Chesapeake Sports Group they had a very narrow timeline focused on opening for business not later than August 2010. Though willing to look at the structural, electrical, design considerations needed to upgrade the sheltering capacity of the facility they emphasized their concern not to extend the design and construction timeline. Through discussion, both sides agreed to six action items they willingly agreed to investigate. CONSlDERA nONS On August 27, the Chesapeake Sports Group (Wack brothers) returned to meet with staff and provide their evaluation of the six items. Their PowerPoint presentation is attached. Provided below is the outcome of the discussion regarding the six items: 1. Provide a description and cost to design and construct the structural and skin improvements from our intended occupancy category III facility to one which will meet the new 2009 ICC 500 building code requirement of 160MPH 3 secondl130MPH sustained wind rating. The current design level provides: . Occupancy Category III (Public Assembly criteria) . Structural Wind Resistance 110 mph sustained and 130 mph gusts (upper level Hurricane Category Two). . Masonry to 10' on exterior. . Metal sandwich panels above. . Clerestory of translucent glass fiber reinforced acrylic panels at the eaves. . Standing seam metal roof. . Commercial grade glass in entrance way. . Commercial grade roll up doors. In order to upgrade structural capacity to withstand the new 2009 ICC 500 building code with a 160/130 mph wind rating the following modifications would be required: . $400,000 in steel upgrades. . Because of increased wind lift, five times the amount of current concrete for the foundation at a cost of at least $1,000,000. 9/15/2009 2 II I III Ii , II II III . Anticipate the need for piles under the foundation to hold up the additional weight (@ $600,000). . Need for a whole new round of geotechnical studies and reports. . Not possible on current schedule. Because of the costs and impact to the project delivery schedule, no further effort was made to pursue a high level wind resistance rating beyond the proposed design level. 2. Provide a description and cost to design and construct the structural and skin improvernents from our intended Occupancy Category III facility to one that will meet the new 2009 ICC 500 building code requirement for withstanding wind borne debris (9 lbs 2x4 at 64MPH). The current status of the facility design for wind blown missile resistance corresponding to the structural wind resistance capacities of 110 mph sustained /130 mph gusts: . Standing Seam Roof: Good . Block Wainscot: Good . Metal Wall System: Good . Clerestory: Fails . Front Entrance: Fails . Roll Up Door: Fails Because the structure would fail before meeting the ICC 500 impact requirement, there is no need to develop a solution to meet the new 2009 ICC 500 building code requirement (9 lb. 2x4, 64 mph) 3. Provide a description and cost to add additional electrical panel(s) to support extra electrical outlets on the walls adjacent to each of the athletic areas. The concentration ofthese being in the hard floored courts area and only a few in the turf and mezzanine areas. . 36 each duplex outlets 20 amp dedicated circuits 110 volts $23,700 The City's intent is to have the developer install ample dedicated circuits which will allow us, during times of emergency sheltering, to connect multiple power strips in support of special care plug-in requirements. Each circuit can reasonably accommodate 8 to 10 individual outlets. 4. Provide a description and cost to install an electrical quick disconnect on the exterior of the building where the Dominion Power connection and meter enters for the purpose of allowing back-up mobile generators to hook up and power the entire facility. . Quick Connect For Generator $25,320 Because this facility is serviced by a main Dominion Power distribution station which supports the Princess Anne Medical Complex, we have a high degree of confidence the new Field House will receive Level I attention (confirmed via discussion with Max Bartholomew). As such, we see no need to invest in a permanent back-up generator. A quick connect configuration will suffice and allow the City staff to plan accordingly. 5. Provide a description and cost to add an exterior slab adjacent to the exterior of the building where the Dominion Power connection and meter enters for the purpose of allowing two large generator(s) to be located during emergency periods. . Generator Slab 9/15/2009 $15,000 3 This will allow the positioning of mobile generators in advance of a storm event where they can be tied down and secured. 6. Provide a description and cost to provide storm shutters or equivalent as compared to upgraded exterior glass and doors of impact resistant types to meet wind borne debris requirements. The developer was intending to use standard commercial grade glass and doors which would meet the City's current building codes. Below are the costs to upgrade the glass and doors to correspond to the 110 mph sustained/130 mph gust structural wind load resistance capacity: Total $67,800 $19,800 $237,600 $20.000 $345,200 1. 2. 3. 4. Entrance Way Overhead Doors Glass for Clerestory Redesign Chesapeake Sports Group's design would move the glass for the clerestory from the top of the wall sections adjacent to the ceiling down to a mid wall point where additional reinforcing frames and laminated, impact resistant material would be installed. This will allow them to obtain the natural lighting desired while improving the resistance to wind and impact. ALTERNATIVE A decision not to pursue upgrades to the windows, doors and electrical design would result in our missing an opportunity to increase the City's inventory of evacuation shelters. Additionally, we will lose the chance to bring online a special care capable shelter. The next anticipated large building for consideration of sheltering is the Kellam High School which we fully intend to build even more sheltering capability into that facility. The Kellam High School is not anticipated to be online for another six years and the cost to upgrade the storm resistance of the school will be significantly more costly than what we propose to do with the field house. RECOMMENDATIONS It is the recommendation of the staff working group, as verified by the director's signatures, the City should invest $410,000 in upgrading the windows, doors and electrical capabilities so as to have available an upper level Hurricane Category Two shelter which can accommodate several thousand citizens during a declared emergency. This facility will also be prepared to receive those citizens who may require special care. Adding this facility to our City shelter inventory will provide the emergency operations planning staff a significant resource. We also believe this will be the first public/private sheltering partnership in the region that can provide an upper level Hurricane Category Two accommodation. To ensure access, and further develop the partnership, the Chesapeake Sports Group is willing to enter into a long term agreement to make the field house available as a City evacuation shelter during periods of declared emergency. Preliminary discussions indicate their willingness to operate the kitchen and provide custodial support during these periods contingent to a mutually beneficial compensation agreement. If this initiative has merit, both the construction upgrades and the long term sheltering agreement could be consolidated into the same binding agreement. 9/15/2009 4 II II II 1111 Fortunately, we have settled on another CIP project (Constitution Drive Extension) and the City funded portion has come in less than the three year old appropriation. We are recommending the $410,000 needed for the field house upgrades be transferred from CIP 2-208. A copy ofthe Constitution Drive budget analysis is attached. If this is an acceptable arrangement, request we take action immediately to brief the City Council and draft an ordinance committing the funds. This immediacy will allow the developer to request the necessary design changes and allow the staff to draft a mutually beneficial binding agreement. The Chesapeake Sports Group project delivery timeline is to commence construction in November. Signatures: ;;e /2-(2 Chief Steve Cover, Fire Department q -IS-07 Date ~~IL Robert Morin, Human Services J /' ~~J#--~~~ Venita ewby-Owens, Health Department 911~- /0 .9 Date '1-J~ -(}t Date r//~ '//,("/01 Date Da:!/r'5/6\ c~,~~~ Cindy C IS, Parks Rec ion ~~nlseNices '0,-1" Dat / ~ ~Pd O~ Date , q _. IS - Of Date David L. a n, Deputy City Manager ~ ~ ~~M~~~~<--\~ James K. Spore, City Manager q. l~\cFl Date Date 9/15/2009 5 II II II III n .:~ J?' .....~.'I!':>.1. ~~ . \.~) r::~ ; ""'.1'i., iJ .. '. p:, ;,~JjJ O~~'~.p ~~w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Commemorating Robert F. "Bob" Hedrick MEETING DATE: September 22,2009 . Background: Robert F. "Bob" Hedrick was a forty-year resident of Virginia Beach. He recently passed away. The attached resolution recites highlights of his life and his contributions to the City. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution Requested by Vice-Mayor Jones and Councilmembers Davis, DeSteph, Diezel, Dyer, Uhrin, Villanueva, Wilson, and Wood II II II 1I1I Requested by Vice-Mayor Jones and Councilmembers Davis, DeSteph, Diezel, Dyer, Uhrin, Villanueva, Wilson, and Wood 1 A RESOLUTION COMMEMORATING ROBERT F. 2 "BOB" HEDRICK 3 4 WHEREAS, Robert F. "Bob" Hedrick was a forty-year resident of Virginia Beach 5 who was born in 1940 and grew up in Newport News; 6 7 WHEREAS, after high school, Bob joined the United States Marine Corps, and 8 his service in the corps instilled in him a great love of country and the values of being a 9 great American; 10 11 WHEREAS, his subsequent international work for the Army Corps of Engineers 12 included work on the Underground Command Center in Riyadh, Saudi Arabia, which 13 General Norman Schwarzkropf later used when commanding Operation Desert Storm; 14 15 WHEREAS, Bob later became part-owner, and then full-owner of Sprinkle 16 Masonry; 17 18 WHEREAS, the results of Bob's dedicated and outstanding work with Sprinkle 19 Masonry can be seen in the well-recognized facades that illuminate the Tidewater 20 region, including MacArthur Center, Children's Hospital of the King's Daughters, Maury 21 High School, the Meyera E. Oberndorf Central Library, the Virginia Air and Space 22 Museum, several Virginia Beach recreation centers, and countless Tidewater schools 23 and government projects, as well as projects in North Carolina, West Virginia, and 24 Pennsylvania; 25 26 WHEREAS, "Quality work for a good price" was the centerpiece of Bob's 27 business philosophy; 28 29 WHEREAS, his efforts to help others was one of his greatest attributes, and he 30 fervently sought to ensure that others would be afforded the same opportunities that he 31 received; 32 33 WHEREAS, Bob's selfless efforts on the behalf of others included his early 34 advocacy on behalf of women in construction, including his staunch support of the 35 National Association of Women in Construction; 36 37 WHEREAS, Bob also served as a member of the National Federation of 38 Independent Business, as a board member of both Liberty Mutual Insurance and the 39 Mason Tenders Union, and his membership in the Construction Estimators Association; 40 41 WHEREAS, Bob's commitment to public service and his community led him to 42 run for City Council and to be a vocal advocate for Virginia Beach's citizens and 43 taxpayers; and 44 WHEREAS, Bob's love of country and his community was surpassed only by his 45 love of his devoted wife, Toni, his beloved children-Donald, Robert, and Deborah- 46 and his five grandchildren- Tricia, Heather, Christina, Jacob, and Jordan-all of Virginia 47 Beach. 48 49 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 That the City Council hereby commemorates Robert F. "Bob" Hedrick for his 53 service to his country and his community, including his successful efforts to build 54 Tidewater, "brick by brick," into what it is today. 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia, this 57 day of ,2009. APPROVED AS TO LEGAL SUFFICIENCY: ::e ~ -y- City Attorney's Office CA 11282 R-2 September 15, 2009 II II II III I /~~I~~~\ \'. - ") 'l.... .~..,. ./il ~~?' ~~./ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission an Ordinance to Amend Section 211 of the City Zoning Ordinance Pertaining to Political Campaign Signs MEETING DATE: September 22, 2009 . Background: The ordinance referred to the Planning Commission by this resolution involves time limitations for political campaign signs. The deletion of durational limits for political campaign signs is the result of a U. S. District Court decision which held that such limits on signs posted on private property are unconstitutional. . Considerations: This amendment will bring the City Zoning Ordinance into compliance with the requirements of the Constitution, and provide citizens with a definitive standard for the posting of political campaign signs. This resolution will refer the amendments to the Planning Commission for its comments and recommendation. . Attachments: Resolution, Ordinance Recommended Action: Adopt Resolution City Manage 1 A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION AN ORDINANCE 3 TO AMEND SECTION 211 OF THE CITY 4 ZONING ORDINANCE PERTAINING TO 5 POLITICAL CAMPAIGN SIGNS 6 7 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 That the above-entitled ordinance, a copy of which is attached, is hereby referred 11 to the Planning Commission for its consideration and recommendation. 12 13 Adopted by the City Council of the City of Virginia Beach, Virginia, this 14 day of ,2009. APPROVED AS TO LEGAL SUFFICI CY: City Attorney's Office CA11283 R-1 September 4, 2009 II II II III I 1 AN ORDINANCE TO AMEND SECTION 211 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO POLITICAL CAMPAIGN 4 SIGNS 5 6 Section Amended: ~ 211 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 211 of the City Code is hereby amended and reordained to read as 15 follows: 16 17 APPENDIX A ZONING ORDINANCE 18 19 20 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 21 ALL DISTRICTS. 22 23 24 B. SIGN REGULATIONS 25 26 27 Sec. 211. Signs permitted in all districts. 28 29 The following types of signs are exempted from all of the provisions of this 30 ordinance, except for illumination, construction, and safety regulations and the following 31 standards: 32 33 (a) Public signs. Signs of a noncommercial nature and in the interest of, 34 erected by or on the order of, a public officer in the performance of his 35 public duty, such as directional signs, regulatory signs, warning signs, and 36 informational signs. 37 .38 39 (e) Political campaign signs. Signs announcing candidates seeking public 40 political office and other data pertinent thereto shall be permitted up to a 41 total area of eight (8) square feet for each premises in a residential zone 42 and thirty-two (32) square feet in a commercial or industrial zone. These 43 Such signs shall be confined within private property and shall not 44 encroach into the visibility triangle at street intersections. These signs may 45 be displayed sixty (60) days prior to and se'.~en (7) days after the eloction 46 for which intended. In oases where a final election follows a primary 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 election, those c:mdidatos who won in the primary election may continuo to display their signs during the interim poriod and up to seven (7) days after the final election. (h) Commercial signs used for political campaign advertising. Commercial signs may be used for political campaign advertising.:.... sixty (60) d3Ys prior to and seven (7) days after the election for '.~.'hich intended. In cases where a final election follo'N6 a primary election, those candidates who won in the primary olection may continue to display their signs during the interim period and up to seven (7) days after the final election. The political campaign advertisement shall encompass the entire surface area upon which it is placed. The advertisement shall be secured to the commercial sign in a manner acceptable to the department of permits and inspections. COMMENT These amendments delete the provision regarding time limitations for political campaign signs. The deletion of durationallimits for political campaign signs is the result of a U. S. District Court decision which held that such limits on signs posted on private property are unconstitutional. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day - AP&u()Ci!lfrr:::lCV: City Attorney's Office CA11261 R-5 September 2, 2009 II II : I III ,. ~ \~J ~ CITY OF VIRGINIA BEACH AGENDA ITEM """ "'- ~ ITEM: A Resolution Adopting the City's 2010 Legislative Agenda MEETING DATE: September 22,2009 . Background: City Council has a tradition of presenting a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. . Considerations: This Agenda was prepared based on input from Council Members, Department Directors, community leaders, and representatives from various citizen groups. . Public Information: Council Members Wilson and Villanueva, with the help from staff, held an informal public meeting on August 13, 2009 with community leaders and representatives of various citizen groups, the City Council and the General Assembly Delegation to obtain items for inclusion in the 2010 Legislative Agenda. An opportunity for public comment was held on September 8, 2009 in Council Chambers. . Alternatives: Do not adopt the 2010 Community Legislative Agenda. . Recommendations: It is recommended that City Council approve the attached resolution that adopts the 2010 Legislative Agenda and requests the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth. The attached 2010 Legislative Agenda includes the items discussed by City Council at its September 15, 2009, briefing session. . Attachments: (1) Resolution (2) 2010 Legislative Agenda Recommended Action: Approval gency: City Manager's Office City Manager. 1 A RESOLUTION ADOPTING THE CITY'S 2010 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests member of the City's local delegation to the General Assembly sponsor and/or 6 support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2010 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2010 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2010 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 day of , 2009. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ;e~~ City Attorney's Office CA 10851 R-2 September 22,2009 II II II III I ITEM: A Resolution Requesting the Secretary of the Navy to Name a Littoral Combat Ship (LCS) After the City of Virginia Beach and Requesting the Virginia Beach Congressional Delegation to Assist in the Same MEETING DATE: September 22, 2009 . Background: The Navy is in the process of purchasing a large number of Littoral Combat Ships (LCS). This new ship is a multi-function vessel that is approximately 400 ft. long. The vessels can have their missions changed very quickly through the swapping of modules of different capability based on the needs of the Navy. So far four vessels have been named: USS Freedom (LCS 1), USS Independence (LCS 2), USS Forth Worth (LCS 3), and named but not commissioned USS Coronado (LCS 4). It is our understanding the Navy plans on naming the remainder of these vessels after cities. Certainly Virginia Beach, with four military bases, which after October 1 at, will all be naval bases with the change of Fort Story to Little Creek Annex, qualifies Virginia Beach as having a strong naval heritage and worthy of having a LCS named for it. The action is supported by the Virginia Beach Military Economic Development Advisory Committee (MEDAC) which passed a motion in support of this initiative at their last meeting. Councilmember DeSteph had previously written to Senator Warner proposing a similar action. . Considerations: The resolution is to request the Secretary of the Navy to name a Littoral Combat Ship after the City of Virginia Beach and request that the Congressional Delegation to assist with this initiative. . Public Information: Public information will be handled in the usual manner. . Recommendations: It is recommended that City Council approve the attached resolution that requests the Secretary of the Navy to name a Littoral Combat Ship after the City of Virginia Beach (USS Virginia Beach) and that the Congressional Delegation assist in same. . Attachments: Resolution Requested by Mayor Sessoms REQUESTED BY MAYOR SESSOMS 1 A RESOLUTION REQUESTING THE SECRETARY OF THE 2 NAVY TO NAME A LITTORAL COMBAT SHIP (LCS) 3 AFTER THE CITY OF VIRGINIA BEACH AND 4 REQUESTING THE VIRGINIA BEACH CONGRESSIONAL 5 DELEGATION TO ASSIST IN THE SAME 6 7 WHEREAS, the Littoral Combat Ship (LCS) is the newest class of naval vessels; 8 9 WHEREAS, these are multipurpose vessels, whose missions are able to be 10 tailored to contingencies because of modules that can be loaded aboard these vessels; 11 12 WHEREAS, three of the vessels have been commissioned and the three vessels 13 are the USS Freedom (LCS 1), USS Independence (LCS 2), USS Fort Worth (LCS 3) 14 and the named but not commissioned USS Coronado (LCS 4); 15 16 WHEREAS, this class of vessels is being named for cities; 17 18 WHEREAS, Virginia Beach has been a tremendous supporter of the military, 19 particularly the Navy, for many years because of its being home to Little Creek 20 Amphibious Base, Fort Story, Annex to Little Creek Amphibious Base, Naval Station 21 Oceana and Dam Neck Annex to Naval Station Oceana; 22 23 WHEREAS, several of these vessels are anticipated to be homeported at Little 24 Creek Amphibious Base; and 25 26 WHEREAS, the Virginia Beach Military Economic Development Advisory 27 Committee (MEDAC) has endorsed the naming of a Littoral Combat Ship for Virginia 28 Beach. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH. VIRGINIA: 32 33 That the Secretary of the Navy be requested to name one of the new Littoral 34 Combat Ships as USS Virginia Beach, and also that the Congressional Delegation to 35 the City be requested to assist in this endeavor. 36 37 Adopted by the City Council of the City of Virginia Beach, Virginia. this 38 day of ,2009. APPROVED AS TO LEGAL SUFFICIENCY: c5~r APPROVED AS TO CONTENT: CA 11284 R-2 September 14, 2009 II II II Iii I r '-.. ~~~.'~~ fl{f "+ ~~ ~~\~ C... 'I."'''-~;~ ~.... ;b' ~. ~ fr ~ CITY OF VIRGINIA BEACH AGENDA ITEM '" ~ ITEM: A Resolution to Authorize an Application for Project Matching Funds under the VDOT Revenue Sharing Program for the Nimmo Parkway - Phase V-A Project MEETING DATE: September 22, 2009 . Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2009-10, which allows for a SO/50 match up to $1 Million for projects that can enhance safety and/or capacity. The City has identified the Nimmo Parkway - Phase V-A project (CIP #2-121) as a candidate project for this program. The Nimmo Parkway - Phase V-A project is currently in VDOT's Six-Year Improvement Program and the City's Capital Improvement Program. This project will provide an alternate access around the Municipal Center and will alleviate traffic congestion on Princess Anne Road, North Landing Road, and Holland Road. This project is scheduled to be advertised in FY 2012, and the total project cost is estimated to be about $58 million. . Considerations: The Revenue Sharing Program provides that localities that contribute a share equal to the matching requirement be given higher priority over other localities. There is sufficient City funding in the project to satisfy our required match. The additional State funding under the Revenue Sharing Program would help ensure that the project receives adequate funding to be constructed in a timely manner. . Public Information: Public meetings have previously been held as part of the design process. , , . Alternatives: Do not approve the resolution. The project would remain on its current funding schedule. . Recommendations: Adopt the resolution to apply for project matching funds under the Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. . Attachments: Resolution and Location Map Recommended Action: Adopt Resolution City Manager: ~ t2(,4 Submitting 0 1 A RESOLUTION TO AUTHORIZE AN APPLICATION FOR 2 PROJECT MATCHING FUNDS UNDER THE VDOT 3 REVENUE SHARING PROGRAM FOR THE NIMMO 4 PARKWAY - PHASE V-A PROJECT 5 6 7 WHEREAS, the City of Virginia Beach desires to submit an application for an 8 allocation of funds of up to $1,000,000 through the Virginia Department of 9 Transportation (VDOT) Fiscal Year 2009-10 Revenue Sharing Program; and 10 11 WHEREAS, $1,000,000 of VDOT funds are requested to fund improvements as 12 described in CIP #2-121, Nimmo Parkway - Phase V-A. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 1. The City Council hereby supports the application for an allocation of 18 $1,000,000 through the VDOT Revenue Sharing Program to CIP #2-121, Nimmo 19 Parkway - Phase V-A. 20 21 2. The City Manager is hereby authorized to execute on behalf of the City of 22 Virginia Beach all necessary agreements for project development and construction. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day APPROVED AS TO CONTENT: &~.I-- APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t2tUt- - CA11286 R-2 September 9, 2009 A ~4'. C'~~~ ~1'4'. ~~<> "0(1, ~~~ 0(/& ~I)~ II II .~ ~ f'\.. Q S~~~ ~O. , "-f. ~)-~ ~< ~<> <l.~ ~O ~~ Legend City Property_ I III I Q~ ~4. ~O vO N W+E S <o~ ~O ~ ~~~ ~Q .~ . "~i) Q~ ~\v ~ 4.~ r 0" ~ .;..(. .~.. . :>. II( S- .!! ~. 1l.I ..~ ..4, ..,cSBD W\N()~Pl\'ly;;,;, ..... '.. .... (J. .' 'Q.'L '. ....r~ . ~C')' ~O ?( ~",t- ?~ . OQ~ ~~~ ~ ~""n'" -.:w: :" :; EXIST. NIMMO PKWYP=::': . PROP.NIMMO PKwY. .iA::,. o .~. Q .~ ~. . ..4) '.. ~ 'lIJ 1'1.) . .~. hO .'t:: .'~ o ~ ~ \S'.,.>. .~ '+ ~ ~ A<6 # <<I 'l t; f:-I.tt 00 ....',<#t"" " ~." "8 ~..' t:Q ~,. SCALE: 1" = 1800' CIP - 2-121 NIMMO PKWY. PHASE V-A . II II II III I ,t;~~.~..~~ '.BE.l~'~...P#.....''''~ ~. ....<li~' !s" "'t.'" (i. _ .;. \<~I!r ~.~ ~;fr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Agreement with Hampton Roads Sanitation District for the Relocation of the Witchduck-Kempsville Road Force Main MEETING DATE: September 22,2009 . Background: The Princess Anne Road / Kempsville Road Intersection Improvement (CIP 2-048) project involves the relocation and reconfiguration of the Princess Anne Road / Kempsville Road Intersection. The project includes the widening of Princess Anne Road from four to six lanes from Bellingham Road to Lord Dunmore Road and Kempsville - Witchduck Road from Chief Trail to Bonney Road. The project is a VDOT Urban Construction Initiative project and is managed by the City. Utility relocation for the project is to begin in December 2009. Consequently, the City is coordinating private and public utility relocations within the project area. . Considerations: HRSD currently operates a force main in the existing Witchduck - Kempsville Road right of way which must be relocated due to conflict with the Princess Anne Road/Kempsville Road Intersection Improvement (CIP 2-048) project. Due to the location of the HRSD force main under the existing Witchduck-Kempsville Road travel lanes, it would be most suitable for the relocation of the force main to occur during the road construction of the Princess Anne Road/Kempsville Road Intersection Improvement (CIP 2-048) project. Budget level estimate for this work is $800,000. . Public Information: A Citizen Information Meeting was held on April 7, 2005. A Design Public Hearing was also held on February 23, 2006. . Alternatives: Several major elements of the Princess Anne Road/Kempsville Road Intersection Improvement (CIP 2-048) project would have to be redesigned if the resolution is not approved and the HRSD force main is left in place. . Recommendations: Approve the resolution authorizing and directing the City Manager to execute an agreement with HRSD for the relocation of the force main. . Attachments: Resolution, Agreement between HRSD and the City of Virginia Beach with Attachment A (Map) and Summary of Material Terms. Recommended Action: Adoption of Ordinance Submitting Department/Agency: Public Works Depart~~ ~ t2{.,u. City Manager: c. / - II II II III 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 37 38 39 40 41 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HAMPTON ROADS SANITATION DISTRICT FOR THE RELOCATION OF THE WITCH DUCK-KEMPSVILLE ROAD FORCE MAIN WHEREAS, the City intends to construct the Princess Anne Road/Kempsville Road Intersection Improvements as part of Capital Improvement Project #2-048 (the "Project"); and WHEREAS, the Hampton Roads Sanitation District Witchduck-Kempsville Road Force Main (the "HRSD Force Main") is located, in whole or in part, within the right-of- way of Witch duck Road; and WHEREAS, the proposed improvements contemplated by the Project create a conflict with the HRSD Force Main; and WHEREAS, the project will be funded under the Virginia Department of Transportation (VDOT) Urban Construction Initiative and administered and managed by the City; and WHEREAS, the City and HRSD agree it is in the best interest of the parties to have the relocation of the Facilities included in the Project; and WHEREAS, subject to the approval of the City Council, the City and HRSD have agreed upon the terms of an agreement, entitled "AGREEMENT FOR THE PAYMENT OF COSTS OF CONSTRUCTION AND RELOCATION OF THE WITCHDUCK - KEMPSVILLE ROAD FORCE MAIN SSF 121 & SSF 198" (the "Agreement"), pertaining to the relocation of the HRSD Force Main under the terms and conditions set forth therein; and WHEREAS, the City Council hereby deems the Agreement to be fair and reasonable and in the best interests of the City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves, and the City Manager is hereby authorized and directed to execute on behalf of the City, the "AGREEMENT FOR THE PAYMENT OF COSTS OF CONSTRUCTION AND RELOCATION OF THE WITCHDUCK - KEMPSVILLE ROAD FORCE MAIN SSF 121 & SSF 198, the material 42 43 44 45 46 terms of which are summarized in the Summary of Material Terms attached hereto, and a copy of which is on file in the City Attorney's Office. Adopted by the City Council of the City of Virginia Beach on the ,2009. day of Approved as to Content: ,. v t~ Approved as to Legal Sufficiency: jUJkit /lilLi- City Attorney's Office Approved as to Content: CA-11279 September 8,2009 R-1 2 II II II 1,1 WITCHDUCK- KEMPSVILLE ROAD FORCE MAIN RELOCATION AGREEMENT Summary of Material Terms Parties: City and Hampton Roads Sanitation District (HRSD) Subject: Costs of relocating HRSD's Witchduck-Kempsville Road Force Main (due to City's Princess Anne Road/Kempsville Road Intersection Improvements (CIP Project #2-048) Project: City to construct 2,300 linear feet +/- of 20-inch & 24-inch wastewater force main beginning at the existing HRSD force main located on Witchduck Road near the intersection of Bonney Road Cost: City to pay cost of work, but CIP Project is funded under the (VDOT) Urban Construction Initiative Contractor: City awards work & must comply with Public Procurement Act Other: HRSD to retain ownership of facilities upon completion of work HRSO forCema\n . 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II II II III I 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 COASTAL LIVING BUILDERS, L.L.C./WILLIAM T. KILEY & HELEN R. PAXTON to resubdivide the four (4) lots into two parcels for the development of two single-family dwellings at 800 Greensboro Avenue. DISTRICT 6 - BEACH DISTRICT STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION APPROVAL NO RECOMMENDATION DUE TO A TIE VOTE 2. Application of LOLA L. MORRIS for Modification of Conditions (previously approved by City Council on June 8, 1987) to allow additional low-intensity businesses at 3725 West Stratford Road. DISTRICT 4 - BA YSIDE DISTRICT RECOMMENDATION APPROVAL 3. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower at 6009 Blackwater Road. DISTRICT 7 - PRINCESS ANNE Deferred on May 26, 2009 RECOMMENDATION APPROVAL 4. Application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re wind energy conversion system (freestanding) at 1677 Harpers Road. DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL 5. Application of ROBERT ARNOLD for a Conditional Use Permit re alternative residential development at Blackwater Road and Shirley Landing Drive. DISTRICT 7 - PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 6. Application of WILLIAM E. and MONA D. GRAINGER for a Conditional Use Permit re a bulk storage yard at 2432 Bowland Parkway. DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL II Iii NOTICE OF PUBLIC HEARING Virginia Beuch City Council will meet in the Chamber at Cit' Hall, MunIcipal Center, 2401 Courthouse Drive, Tuesda:v September 22. 2009, at 6:00 p.m. The followinl applications will be heard: . PRINCESS ANNE DISTRICT New Cingular Wireless PCS, LLC (T/A AT&T) Application Conditional Use Permit for a communication tower at 600(~ Blackwater Road. (Deferred on May 26, 2009) Robert Arnold Application: Conditional Use Permit for alternative residential development at Blackwater Road a,,(1 Shirley Landing Drive (GPIN 1398129745). BA YSIDE DISTRICT Lola L. Morris Application: ,MoQifl.cation of Conditions (previously approved by City Council on June 8, 1987) Ht 3725 West Stratford Road. BEACH DISTRICT. VIrginia Beach School Board Application: Conditional U"!l Permit for a wind energy conversion system (freestanding) .:.it 1677 Harpers Road. Coastal Living Builders, L.L.C. I William 1. Kiley & Helen R Paxton Application: Subdivision Variance at 800 Greensboro Avenue. William E. Grainger & Mona D. Grainger Applicatic;'. Conditional Use Permit for a bulk storage yard at 2432 Bowland Parkway. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions af'd amendments are on file and may be examined in th{' Department of Planning or online at hUB:/ /www.vbgov.com/pc For information call 385-4621. , . If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon September 6 & 13, 2009 20539246 COASTAL LIVING BUILDERS Map M-7 C t I L .. B .l'J LLC Mop Not to Scole oas a l'Vlne Ul uers. ~ "\\~~\ \.l\1t." rIA \1~',1)J-,:.-r--]..\ I.. \C~\\Ql\~~ .11 ..~-'. ~ .Al!\ n I..n.\\o\~~~ 7' l.i \ ~ ~'- ~ - ~ rt\~~~~ ~~ ~\J.l ~ ~ ii \ \r' ~'()' ~~. 1: ~ ~ "11 \\., \.o"\U ~ U; \"1'_ ....u: (15-~ L:..-- k1 ,~~\ I; ~ 1 ~ ~ hll"\f" ~p-r~ ;or-;' ~ .- .~ ~~ ~ i" ~U2l ~ Al~' .~i~ ~ ,G:J\~~ ~~~ ,f ~lL~e " ==- ,~_ o>>J..c.., n: -. ~~ ~ ~~_1... ~ ~ ~\ }I L ~ ..... ~ _ ~ ,u. .'i\\ ~ In ~ ~~::.- V; \\ ~lJ -.; ~ m ill~ ~ ~ 1 X\:\\~ 'i ~...~ ~\ Il'i ~I ~ ~;; ~~~ ,~ ~~ \1 ..k __ --::I: ,\1 ':;- . ..r ~ :;0... I""\' o~ ~ ~ .m \ llitl-r- .l.~~": :;; ~\~ 1~ ~\ ~ ~ c~~~ ~.=- m' \. \ \1 ~~~~ ~\\ ~ "\ ~ -- r:1-"\~~ 1~\'9\1'\ ~~l\""'V ~L~ ~\~ ~~~~~ ~ ~~~ \2\\Y ~G 00 \\\1 ~ cr"- ~ \\ -t...-r\ ~U3\ ~~V U " ~ .\\bi -~ ~.,. ~ kl1J:~ ~ \~nl~~~ ~ ~-c~~~M -(",L!!- ~\\tu-~(h\t ~~ ~7 ~ _ Subdivision Variance Relevant Information: · Beach District . The applicant requests a Subdivision Variance to allow the division of the property into two parcels for the development of two single- family dwellings. . The applicant proposes to relocate the existing one-story dwelling onto the proposed corner lot (Lot A1) fronting Caribbean Avenue. A second dwelling one and half stories in height fronting on Greensboro Avenue is proposed to be built on the interior lot (Lot A2). . The variance is required because the corner lot is only 55 feet wide rather than the required 60 feet. Evaluation and Recommendation: · Planning Staff recommended approval. · A motion to approve the application at the Planning Commission failed due to a tie vote (5-5-1). There is, therefore, no recommendation from the Commission on this item. · There was opposition. II II II III -~~....~ Ej""'~~~ ~ ,to;~~iJ 15~.. ',:' \\'~ ~:._, j:~ p...~ F/fJ ~~. ,-..-;.;:.y \":...~~u""..J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COASTAL LIVING BUILDERS, L.L.C./ WILLIAM T. KILEY & HELEN R. PAXTON, Subdivision Variance, 800 Greensboro Avenue. BEACH DISTRICT MEETING DATE: September 22,2009 . Background: The subject site consists of four platted lots. The lots are nonconforming in this R-5S Residential Single-Family District, as the lots lack the required 50 feet of width. Three of the lots have a width of 25 feet and the corner lot has a width of 30 feet. Each lot is 100 feet long and the entire site has a lot area of 10,492 square feet. The R-5S District requires a lot area of 5000 square feet. It is the intent of the applicant to resubdivide the four combined lots into two parcels for the development of two single-family dwellings. The interior lot (Lot A2) at 50 feet by 100 feet will be in conformance with ordinance requirements. The corner lot (Lot A 1 ) at 55 feet by100 feet will not conform to Section 4.4( c)( 1 ) of the Subdivision Ordinance that requires corner lots to be platted at least ten (10) feet wider. To create the corner lot, a variance to the required lot width is needed and is being requested by the applicant. The Comprehensive Plan specifically addresses infill residential development on substandard lots in the Shadowlawn neighborhood by providing "lnfill Development Guidelines for Shadowlawn." The Guidelines make specific recommendations on height, width, and proportion of new structures, as well as setbacks and relationship to the street. Building materials and architectural detail are also addressed. Following the guidelines is critical to ensuring aesthetically successful, compatible infill on lots that do not meet current lot width or area requirements. . Considerations: There is an existing single-family brick ranch oriented diagonally across the property. The applicant proposes to move this existing one-story dwelling onto the proposed new corner lot (Lot A 1) such that the dwelling will front on Caribbean Avenue. The applicant proposes a second dwelling, 1 % stories in height, fronting on Greensboro Avenue for the interior lot (Lot A2). COASTAL LIVING BUILDERS, L.L.C. Page 2 of 2 The applicant submitted an architectural elevation showing how the existing one- story home will be improved after it is repositioned onto proposed Lot A 1. The elevation shows that a front porch will be added and new architectural details incorporated to include shake-look siding, new doors and windows. An architectural elevation was also submitted for the proposed home on Lot A-2.The architectural elevation identifies the building materials as architectural shingles, simulated hand-cut shake siding, and horizontal lap siding, prairie or craftsman style doors and windows, and brick base. Staff finds that the applicant has developed a proposal that satisfies the regulations and the design guidelines to the greatest extent possible and thus ensures compatibility of the structures to the neighborhood. The two subject lots are consistent with the overall lot pattern in the community and meet the requirements of the R-5S zoning district applicant except for the fact that the corner lot is five feet short of meeting the requirement for a corner lot. The applicant's effort to design the site and buildings such that the combined development does not negatively impact the overall character of Shadowlawn does much to overcome the five foot deficiency in lot width. There was opposition to this request. . Recommendations: Due to a 5-5-1 vote, the Planning Commission, has no recommendation to forward to the City Council. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary II II Map M-7 Mop Not to Scale Subdivision Variance II III I 9 August 12, 2009 Public Hearing APPLICANT: COASTAL liVING BUilDERS, llC PROPERTY OWNER: WilliAM T. KilEY & HELEN R. PAXTON STAFF PLANNER: Karen Prochilo REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance and Section 4.4(c) of the Subdivision Ordinance that corner lots must meet requirements of the City Zoning Ordinance. ADDRESS I DESCRIPTION: 800 Greensboro Avenue. GPIN: 2417916180000 ELECTION DISTRICT: BEACH SITE SIZE: 10,492 SF AICUZ: 70 to 75 dB DNL APPLICATION HISTORY: This application was requested by the applicant for deferral on July 8,2009 and deferred by Planning Commission. The staff report recommended denial. The applicant met with staff to work on the style and design of the proposed dwellings. SUMMARY OF REQUEST Existing Site: The existing property consists of four platted lots. The lots are nonconforming in this R-5S Residential Single-Family District. Three of the lots have a width of 25 feet and the corner lot has a width of 30 feet. Each lot is 100 feet long and the entire site has a lot area of 10,492 square feet. The R-5S District requires a lot width of 50 feet and lot area of 5000 square feet. Proposed Development: It is the intent of the applicant to resubdivide the property into two parcels for the development of two single-family dwellings. Currently, there is an existing single-family brick ranch located diagonally across the property. The applicant proposes to relocate this existing one-story dwelling onto the proposed corner lot (Lot A1) fronting Caribbean Avenue. A second dwelling one and half stories in height fronting on Greensboro Avenue is proposed to be built on the interior lot (Lot A2). COASTAL LIVING BUILDERS LLC I WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 1 The interior lot (Lot A2) at 50 feet by 100 feet will be in conformance with City requirements. The corner lot (Lot A1) at 55-feet by100-feet will not conform to Section 4.4(c)(1) of the Subdivision Ordinance that requires corner lots to be platted at least ten (10) feet wider. The applicant submitted an architectural elevation showing how the existing one-story home will be improved after it is repositioned onto proposed Lot A1. The elevation shows that a front porch will be added and new architectural details incorporated to include shake-look siding, new doors and windows. An architectural elevation was submitted showing a 1 1/2-story home to be built on proposed Lot A-2.The architectural elevation identifies the building materials as architectural shingles. simulated hand -cut shakes and horizontal lap siding, prairie or craftsman style doors and windows and brick base. llam Lot A1 Lot Width in feefTcorner lot) 60 55 * Lot Area in square feet 5,000 5,492 *Variance required R-5S District and Shadowlawn Neighborhood History: The Shadowlawn neighborhood. zoned R-5S Residential Single-Family District, has a unique history and unique regulations regarding nonconforming lots. Platted in the early 1900's, the majority of the lots were established with a lot width of 25 or 30 feet and a length of 100 feet. Lots were purchased in groups of three or four and developed with one-story. brick ranch homes. In the late 1970s and early 19805, this neighborhood, located near the Oceanfront. became very desirable and property values elevated to the point that owners began selling off their extra lot or lots. Infill development, usually consisting of tall homes on narrow lots. was not consistent with the character of the neighborhood. A special amendment to the Zoning Ordinance pertaining to nonconforming. substandard lots in the R-5S District and in 1983, the R-5S District was amended to prohibit nonconforming lots from being sold separately and developed where two or more contiguous lots are held in common ownership. The old, small lots must be combined to meet the frontage and area requirements of the R-5S District. These regulations were changed for a brief period to allow development, under certain circumstances. on resubdivided 35-foot wide lots. The results were viewed as negative and the regulations were revised a third time back to the 1983 regulations, and development on substandard lots is now prohibited where contiguous lots are owned by the same entity. Infill Development Guidelines for Shadowlawn were also adopted as part of the Comprehensive Plan. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . USE AND ZONING: South: . East: . West: . Across Greensboro Avenue are single-family dwellingsl R-5S Residential District Single-family dwellingsl R-5S Residential District Across Caribbean Avenue are single-family dwellingsl R-5S Residential District Single-family dwellingsl R-5S Residential District COASTAL LIVING BUILDERS LLC I WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 2 II II II 1,1 NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features on this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The subdivision streets of Greensboro Avenue and Caribbean Avenue in the vicinity of this location are both residential streets with a 50-foot right-of-way. There are no CIP projects scheduled for any of the surrounding streets in this area. TRAFFIC: Present Present Capacity Street Name Volume Generated Traffic Greensboro No data 6,200 AOT (Level of Existing Land Use 2 - Avenue Service "C") 1 0 AOT 9,900 AOT 1 (Level of Proposed Land Use 3 - Service "0") - Caoacitv 20 AOT Caribbean Avenue No data 6,200 AOT (Level of Service "C") 9,900 AOT 1 (Level of Service "0") - Capacity Average Daily Trips 2as defined by one single-family home 3 as defined by two single-familv homes WATER: This site currently connects to City water. The existing S/8-inch meter (City 10 #94011343) can be used or upgraded to accommodate the proposed development. The newly created lost must also connect to City water. There is a 6-inch City water line in Greensboro Avenue. There is a 6-inch City water line in Caribbean Avenue. SEWER: This site currently connects to City sanitary sewer. The newly created lot must also connect to City sanitary sewer. Analysis of Pump Station # 120 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 Greensboro Avenue. There is a 10-inch City gravity sanitary sewer main in Caribbean Avenue. FIRE: No Fire Oepartment comments at this time. 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. COASTAL LIVING BUILDERS LLC I WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 3 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: Staff recommends approval of this subdivision variance request with conditions as provided below. Comprehensive Plan: The Comprehensive Plan specifically addresses infill residential development on substandard lots in the Shadowlawn neighborhood by providing "Infill Development Guidelines for Shadowlawn." The Guidelines make specific recommendations on height, width and proportion of new structures, as well as setbacks and relationship to the street. Building materials and architectural detail are also addressed. Following the guidelines is critical to ensuring aesthetically successful, compatible infill on lots that do not meet current lot width and/or area requirements. Evaluation: The applicant has worked with staff to reduce the height of the proposed two-story dwelling to a one and a half-story coastal design, which is consistent with the recommendations of the "Infill Development Guidelines for Shadowlawn." More than any other neighborhood in the City, Shadowlawn worked to have strict regulations and design guidelines adopted to protect them from infill on substandard lots and this history needs to be respected. The applicant, therefore, has developed a proposal that satisfies the regulations and guidelines to the greatest extent pOSSible and thus ensures compatibility of the structures to the neighborhood. The two subject lots are in every respect consistent with the lot pattern in the community and meet the requirements of the R-5S zoning district applicant except for the fact that the corner lot is five feet short of meeting the requirement for a corner lot. The applicant's effort to design the site and buildings such that the combined development does not negatively impact the overall character of Shadowlawn does much to overcome the five foot deficiency in lot width. Staff, therefore, recommends that the application be approved with the following conditions. COASTAL LIVING BUILDERS LLC I WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 4 II II II III I CONDITIONS 1. When the property is subdivided. it shall be subdivided in substantial conformance with the plan entitled, "Resubdivision Exhibit of Lots 2, 4, 6 & 8, Block 56, Shadowlawn Heights for Coastal Living Builders LLC," prepared by Kellam Gerwitz, dated June 25,2009, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the property is subdivided, Lot A1 shall be in substantial conformance with the front elevation of the proposed ranch entitled "Greensboro; Coastal Living Builders; Va Beach, VA" which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the property is subdivided, Lot A2 shall be in substantial conformance with the front elevation of the proposed one and a half story dwelling entitled "Greensboro; Coastal Living Builders; Va Beach, VA" which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. Development on the proposed lots shall adhere to the "Shadowlawn I nfil I Development Guidelines" as provided in the Comprehensive Plan. At such time as development is proposed for these lots, floor plans and building elevations shall be submitted for approval by the Planning Director or his designee. 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. COASTAL LIVING BUILDERS LLC I WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 5 AERIAL OF SITE LOCA TIl>N COASTAL LIVING BUILDERS LLC I WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 6 II III GRAPHIC SCALE 10 0 5 10 20 40 ~ -..,j ,., I - - I I I . FEET 1 INCH = 20 FEET G ~, (i~ -r /. f) / t.~..J. '~\a~~<' QOO' / . 2/ 50.00 \ 2417-ql-%~g \ '4 \ --~ , '\ 241:~-~3B -\ eS\.- t u) , \ ~ .z. I \\51 '\ \ ..:~:3I\%IB , -" \" B -- -- '\ 'e/S\... \ ' -" ~ \ \ ~417-gi:-BiOB7 \ \~ \~~. \ 'PROPERTY ..Ar\~g.<tf.,. \ liNE TO BE--..{-\-. \ ,- . \ 'VACATED' \ \ ~ \ z.\ . \ \ \ \ ,-... ~\ A2 1-ST-FR z ~ \ \ \ #' 8'00 \ ~ tiI \ \ TO BE \ g~ \ \ RELOCA'TED "~ ,.7'...... ciO'l \ \ .. \ · t;o \\ o. "\ ' \u) \ ::--", \\...."...11 ~ ~ \\ \~ \ \... \ \-"~ \e~---- ~ o \ -- \)0 u) '; '0 \ \51 ,. ..:jo. \" \ \ PROP~RTr \ \ \ l eS;: --.... L1~E TO ~I;: \ ~ \ __ __ -1-Sf-SHED "'~AC~ \, , .--.;:-~ l-ST-SHED - -- (ON SLAB) ~ 55..o.P~~ TO BE ~.-;:;:.--;.r (NO SLAB) REMOVED .--;::-~ ~O' TO BE r \~.J _ ,. E 10'~) \ ~...... REMOVED \ 50.00' '~~07'Z~ 0" W_PLf>. 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PAXTON Agenda Item 9 Page 9 .~R~ l'! ~ \:I ~ ll' ~~ lr ~ ~~ J ~ !;; 0 : '"' h ~~ '" z ~ ~8 '"' ~ ",0 h Ili~ ~ '" I I I I , I ., I I I I I ~ '" ;i ~ ~ en 0::: w Cl -I o ~ c::: co o ~ CD > en :J Z -1~ W ~:J: W en~ c::: <(w w OCD ~~ (!) 0 ~ "'" "'~ ~~ LOT A1 PROPOSED REMODELED FRONT ELEVATION Caribbean Avenue COASTAL LIVING BUILDERS LLC I WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 10 I I , I I I I '" I I I I I I I I I 1 I I I I , I I I I I I I I I I I I I I I I I' I I"~ I I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I I J I I I I I I I 1 I 1 I I I I I I I I I I; I I:~~ J I 1 :::: l: :~11111 I ::::: 1~) II~I III I I I I I J'IIII~ I I 11..1' J ,;; I I I W t:. :t:1- I I )/I-I I I r-_ 'lL~=I- I ~ --, I-- 11.-- ~= _.. 1--= \"\- 1-- I~~- = II ~,\>=f- ~~i-=- N", _ :)0~p 1 II~ ~L. 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PAXTON Agenda Item 9 Page 12 II II z o I I ~ U I I ~ ~ ~ ~ u > z o I I CI) EE c:::l ~ p CI) II III II DISCLOSURE STATEMENT 11 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) Coastal Living Builders, LLC: George A Alcaraz, Managing Member; J. Winton Brown, Member 2, List all businesses that have a parent-subsidiary1 or affiliated business entitl 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) William T. Kiley & Helen R. Paxton 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 Subdivision Variance Application Page 10 of 11 Revised 9/1/2004 COASTAL LIVING BUILDERS LLC / WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 13 -) ....i ~ DISCLOSUU STATEMENT I ADDmONAL DISCLOSURES list all known ctOntractors or businesses that have or will provide services With respect to the fequested propertY .uSe, including hut not limited to the providers of architectural services, real estaie services., financial services, accounting serviCes, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. M. Richard Epps, Esquire Kellam Gerwitz Engineering - Survey.ing - Planning .1 "Parent-subsidiary relatlonship~ 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 relationshjp. that.exists when (I) one business entity has a cor:rtroHing ownership interest In the Other business entity, (il) a controlling owner in one entity is also a controlling owner in the other entity, or (Iii) there i~ shared management or control between the business entities. Factors that should be considered in detelTJlining 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 entitles: See State and Local Government Conflict of Interests Act, Va. Code t 2.2-3101. CERTIFICA nON: I certify that the Infonnation contained herein is true and accurate. . I understand that, Upon receipt of notification (postcard) that tlJe application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign ori the subject proPerly at least 30 days prior to the scheduled public hearing accordiOO to Inst .ons In package. Coa'tal n ui LLC B . ~d~ PrInt Name William T. Kiley Helen R. Paxton Print Name SubcIIvIsicn Variance AppblIan Page 11 of11 RevIsed lIi1l2OO4 z o I I ~ -< U I I t--=i ~ ea ~ u .~ Z o I I ~ ~ . t:::; Q ==a ;::::J ~ COASTAL LIVING BUILDERS LLC / WILLIAM T. KILEY & HELEN R. PAXTON Agenda Item 9 Page 14 II II II 1'1 I Item #9 Coastal Living Builders, L.L.c. Subdivision Ordinance 800 Greensboro Avenue District 6 Beach August 12,2009 REGULAR Janice Anderson: We will now address the last two matters on our agenda today. Donald Horsley: The next item on our agenda is item 9, Coastal Living builders. L.L.C./ William T. Kiley and Helen R. Paxton. An application of Coastal Living Builders, L.L.C. for a subdivision variance on property located at 800 Greensboro Avenue. Eddie Bourdon: Good afternoon Madame Chairman. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. With me, also, is Mr. William Brown and George Alcarez, who are the principals of the applicant. I'm going to go over this math in a few minutes. I would like to pass out, and I'm sorry for the size. Wish you all had seen this and took a look at it earlier. I'm going to spend some time describing what is depicted on this composite map of the City of Virginia Beach of this particular area of this neighborhood. First of all, the subject property consists of four lots that were platted 85 years ago. A 30-foot wide by a 100- foot corner lot, and three interior lots that are 25-feet wide by 100-feet wide. It's outlined in pink from this map, and also on the map you will note, there is a legend over here. Shadow lawn consists of a number of different block patterns. Those block patterns were created 85 years ago, consisting of lots in the gold blocks that are 30-foot wide by 100-foot across the board. These are corner lots. They are all30-feet by lOO-feet. Yellow blocks have comer lots that are 45-feet wide as platted with 3D-foot wide interior lots, again by lOO-feet. Pink blocks which are the subject properties in the pink block. There are a number of the pink blocks that have corner lots that are 30-feet wide by lOO-wide with 25-foot by lOO-feet interiors lots. There are two purple blocks which have corner lots that are 25-feet wide by lOO-feet and interior lots that are 20-feet by 100-feet. That is what this map is showing you, the pattern of the way the subdivision was divided, and these are the maps. The old subdivision maps that may have been applied under the City's composite map, it is an excellent job. They spent hours and hours on this, and I have 20 years of working with this situation in Shadowlawn, which I had all the resources to do this. I will talk about the map in a minute. That is what that map is, and I'll pass it around. But I want to talk about one of the handouts that I gave you. That is the zoning ordinance for the City of Virginia Beach, applicable to this application. The zoning ordinance which you have in front of you I have highlighted a couple of things. Number 3 talks about minimum lot width in feet for lots. R-5S requires a 50-foot wide minimum lot width. That is what the Zoning Ordinance requires, 50-foot lot width. You drop down to number 6, you will see a highlight at the end what the required side yard setback are for comer lots. Excuse 6 is just the standard setbacks of 5 and lo for all lots in R-5S. And then you got the other setbacks in all the other zoning categories, which I've underlined because they are pertinent to what I'm going to say. Paragraph 7 talks about minimum side yard setbacks adjacent to streets in feet. So, if you have a comer lot side Item #9 Coastal Living Builders, L.L.c. Page 2 adjacent to a street, the required setback is much greater across the board, if you looked at number 7. Look across the board, you will see with every zoning category with the exception of R-5S, the side yard setback adjacent to the street is anywhere from lO-feet to 15-feet to 20-feet greater. You are required to have a greater side yard setback adjacent to as street for every zoning category other than R-5S that is a minimum 10-feet greater setback, and in some cases 15 and 20 foot greater setback. That is what your zoning Ordinance says, and that is the applicable part of what were dealing with today, and when you look at the other handout dealing with the situation with 9 conforming lots in Shadowlawn, which only applied to Shadowlawn, I will come back to that but what the other handout is about. Kathy Katsias: We only have one. Karen Lasley: There were two different pages. Eddie Bourdon: I'm sorry. There were two separate groups of handouts. I apologize. You have a second handout which deals with the non-conforming lots in Shadowlawn. While that is being passed around, I'll make an observation. A number of you were on this Commission a couple of years ago when the idea was floating out about trying to make smaller conforming lots non buildable throughout the city. The word "mob" comes to mind since we're dealing with the healthcare situation, you all heard an earful when you tried to do that to people property's rights. The history of Shadowlawn is interesting in that back in 1983, without any notice to anyone this provision that I passed around was enacted, which basically took away people who had these non-conforming lots. Some had three non-conforming or four in the blocks, you had even more than that. To sell off property that was worth a lot of money to them and that lasted about 9 years before it was discovered, and then when it was discovered, we went through a process including Mrs. Parker, who was the Council person who enacted that, Mr. Branch, and a lot of City leaders. It took us about a year, and lot of meeting with the community. What had happened was a lot of these non-conforming lots were being built on. Non-conforming being less than 50- feet being built on, and the Council said that wasn't right. They provided a window for people who were in that position to be able to utilize their property rights. That window was open for about 10 years. In 2003 or thereabouts, it was closed. The idea being that everyone that had non-conforming had their opportunity to achieve that. I didn't object to it. Neither did other people at the time. The reason being that situations like this were never part of what was being discussed, never a part in any way, shape, manner or form. It was always about 30-foot lots, 25- foot lots, 40-foot lots, which are all on here in different places that people were separating out and building on. Never was there any indication that we were worried about people building on 55-foot wide corner lots in Shadowlawn. The reason being that 55-foot wide corner lots in Shadowlawn had the exact same building envelope when you apply the corner setback as an interior lot in R-5S because there is only a five foot greater setback requirement on a corner lot in the R-5S zoning category. At no point in time was it ever anybody's intention in the subdivision ordinance, which that came later, where the idea was put in there. The Subdivision Ordinance to make corner lots 10- feet greater in width. That 10- foot greater width was to avoid a small corner lot resulting in houses that were small and narrow in relation to the interior lots. That doesn't happen in Shadowlawn. And it was never the intent under anybody's scenario that we were suppose to create wider corner lots in Shadowlawn, wider than the interior lots. That's the only Item #9 Coastal Living Builders, L.L.c. Page 3 argument against this that if a corner lot should be 60-feet to create a 40-foot building envelope, first it is a 35-foot building envelope, which is the building envelope on every interior lot that is platted in accordance with the ordinance. Never was it intended to make the lots bigger on the corner. And, that's the part that is so difficult. The other provision I provided you is talking about non-conforming lots. If you actually read it literally and read number 3, it doesn't apply to what we're doing here. We have four lots, none of which are being split. They are not being divided down the middle. Four lots, two that total 55, two that total 50 by 100. They meet the requirements except for that subdivision provision that is intended to make sure that lots are not too narrow, which is more than adequately satisfied in Shadowlawn to begin with. This is the only place where R-5S applies, so we got a situation here where we're not doing anything other than selling two lots and two lots. We're not making new lots, not dividing anything up. If you read number 3, it says "the owner of contiguous substandard lots is prohibited from conveying one or more ofthe substandard lots with the results that both there grantors and the grantee possess lots entitled to an exception from the minimum lot requirements". Well the interior lot here meets every requirement period. No argument whatsoever. The exterior or comer lot again isn't technically 60-feet as the Subdivision Ordinance would require but meets every intent of our Zoning Ordinance. And the reason for that 10- foot additional width on the comer lots in the Subdivision Ordinance is more than adequately met. Now, I'm going to pass this map around. I wish you all had a chance to look at it, and spend some time looking at it. In the pink blocks, the ones that have 3D-foot (interior) 25-foot comers, for a total of 55, there are 27 total comer lots. Of those 27 total comer lots, 23 of27 today have homes built on 55-foot wide comer lots. None of them had to get a variance because no one ever conceived the fact that they need a variance. The other four, one is zoned apartment. It has an apartment building on it, down close to Pacific Avenue. Two are a combination of three lots, 85-feet of frontage that cannot conceivably be subdivided. And there is ours. Ours will be the 24th that is exactly like the other 23 in those exact same blocks that I'm talking about. The ones that have the pink outline that of the 3D-foot, 25-foot dimension in terms oftheir frontage. That is the only thing that is happening here. Now, there are within Shadowlawn four corner lot properties that are on 50-foot wide lots. And there are 13 comer lot properties on less than 50-feet of frontage. There are over 90 non-conforming that are less than 50-feet in size and less than 5,000 square feet but there are none in the pink blocks. In the pink blocks there are zero lots that are less than 5,000 square feet developed. Less than 50-feet developed but in the rest of the subdivision, I think there are only two other blocks that don't have lots that have less 50-feet in size. These are the cleanest blocks, the pink blocks are actually the cleanest blocks because they really do, when you combine them in a series of two, do comply with R-5S zoning. They are the poster child for R-5S zoning. Janice Anderson; Eddie, can we wrap it up? I'll give you a little more time. Eddie Bourdon; I apologize. I will make a brief. I'll finish it up. There are 119 total corner lots that are combinations oftwo lots as originally platted or resubdivided to be less than two lots by combination. And that is the overwhelming majority. The pattern throughout the neighborhood, and not just the pink blocks, is that the comer lots as developed are two lot combination. That is the case in every color coded block within Shadowlawn. And, the real irony here is that we don't believe this even applies. I should have taken this to the Board of Zoning Appeals and to court, but the idea here is that no good deed goes unpunished. We came this route because we Item #9 Coastal Living Builders, L.L.C. Page 4 were willing to abide by the design guidelines for Shadowlawn. Those design guidelines for Shadowlawn ladies and gentlemen were adopted by this body and City Council for the purpose of having houses on 35 and 40-foot lots be fitting to neighborhood. Never was it ever adopted for 50-feet or 55-feet lots. We agreed from the get go to let that apply to our 50-foot interior lot that meets every requirement and or 55-foot corner lot that does as well because that was icing on the cake. But there is not one of those other lots the same as us that's been treated. We should be treated the same as every one of those cases. That's the bottom line. We're doing something that none of those is required to do and that is tell what we are going to build, show you what we're going to build and it's an appropriate. We're using the house that is on the property on the corner lot. No setback variances are required, nor should there ever be any because it meets the requirements. Sorry for running on, but this is not a non-conforming situation in any sense from a logical rational basis. Only from a standpoint of we want to stop somebody being able to use their property in an equitable fashion. This is what is occurring here. It is not going to be precedence. It's the only one that can happen without splitting lots up in an existing lots, and reconfiguring lot lines. Even if you do that, there is only about four or five in the whole of Shadow lawn that you can get a similar 55-feet, 50-feet that isn't already that way in the whole of Shadowlawn. Thank you. Janice Anderson: thank you. Eddie Bourdon: I'll be happy to answer any questions. Janice Anderson: Are there any questions of Eddie now? Jay? Jay Bernas: Did you get a chance to meet with any of the property owners to show them the elevations? Eddie Bourdon: No, Mr. Bernas, that's really unfortunate. We made effort after effort, and I understand that they don't meet during the summer. They didn't want to convene to meet in the summer. My history with the community and it goes back a long ways. If you can get them out to a meeting they are very fair minded reasonable people, and I think if they saw what we were talking about and understood what we were talking about we wouldn't have any opposition to speak of. I think we have an overwhelming amount of support. We couldn't get a meeting. We tried, tried and tried. They decided they didn't want to meet during the summer. People can't hold their lives in advance during the summer. Janice Anderson: Are there any other questions of Eddie? Thank you. Eddie Bourdon: Thank you. Donald Horsley: I don't have any other speakers in favor. I have one speaker in opposition. Jeff Knowles. l Jeff Knowles: Members of the Commission, my name is Jeff Knowles. I live at 915 Goldsboro Avenue, and I have lived in Shadowlawn for 22 years. I hope I at least have another 22 years. I "I Item #9 Coastal Living Builders, L.L.C. Page 5 love the place. As Mr. Bourdon mentioned, this neighborhood has presented a lot of challenges to the Planning Department, and the Zoning Department through the years. In 2002 - 2003, our neighborhood came together and filled these chambers and asked City Council to get rid of the non-conforming lots that Mr. Bourdon mentioned. At the time, you could subdivide property as long as you had two conforming lots of 50-feet wide, you could have third 35-foot lot. Along with the 35-foot lot, the setbacks changed from 5 & 10 to 5 & 5. And we were here because there were several developers that were consistently buying one house on a comer lot, not even on a comer lot, tearing it down and building two, typically three, two or three story houses, obviously much more dense. Along with the houses, the trees were coming down in our neighborhood. I am sure that most of you have been through it. Weare well known for our tall pines and beautiful neighborhood. Trees were coming down as well. We talked to City Council. Again, filled the chambers and City Council agreed, and they got rid of those non-conforming lots. The application before you today is not asking for a 35-foot lot, but to my knowledge it is the first one since 2003 that is asking for a variance in the required widths of lot. I was surprise to see that staff, who originally opposed this change their opinion and now are recommending approval based on the design that the developer came to them with. They changed, I believe, some of their scale of their project so it would be more compatible with the adjacent houses and the neighborhood. This is a design issue. I'm sure it is a beautiful design that they had. In fact, I've seen the elevations. It's great. But this is a variance request oflot width that would increase density in our neighborhood, which we are a very dense neighborhood as it is. Mr. Bourdon mentioned that there are not many lots that this can occur on again but I disagree. Because of the unique nature of the neighborhood, there are 20, 25 and 35- foot lots. It may require that a builder to come in and buy two houses to build four. Maybe with that five foot variance but it can happen again. If my neighbor wants to sell his house and move out of the neighborhood, which for the life of me I can't understand why, because I love it. I had a lot of friends move out and come back, then I hope he gets absolutely as much as he can for his house. If the developer wants to buy this house or others and develop in the neighborhood, that's great. I hope they make a great profit, but they need to be creative and think out of the box and work within the constraints of the present Zoning Ordinance, change materials, do additions, add landscaping, anything that could improve the character of the house. Again, they can make a good profit. I want them to. I am a businessman and a builder as well, and I know what it is all about. Our neighborhood spoke very loudly in 2002 that we didn't want to increase density and that is why I'm here today. I ask that you all send a message to City Council and unanimously reject this request with the note that we heard Shadowlawn. We've read the letters opposing this, and we agree that Shadowlawn is dense enough, and we oppose this application. Thank you. Janice Anderson: Thank you Jeff. Are there any questions of Jeff Knowles? Thank you. Donald Horsley: No other speakers. Janice Anderson: No other speakers. Eddie? Eddie Bourdon: Thank you. As I indicated earlier, I think that Mr. Knowles, who I have respect for, acknowledged he wasn't around back in the early 90s. But the entire discussion at all times has always involved 35-foot or 40-foot lots in Shadowlawn. At no point in time, and I'm Item #9 Coastal Living Builders, L.L.C. Page 6 absolutely 100 percent confident that at any point in time there would have been no movement that would have gotten City Council approval to suggest that no one would have believed that this was intended to stop people from building on 55-foot wide comer lots, and that is exactly what exists here and at every pink block in Shadow lawn (pointing to map). That was never discussed by anybody at any point in time, and I, 100 percent believe that a fair amount of people that have the facts and know the facts and the facts are: there are no other opportunities because there are none like this in Shadowlawn. And the ones that Jeffis talking about, again maybe four or five at most involve other situations where you are dividing existing lots and vacating property lines, which we are not even talking about doing here. Again, the 10- foot wider corner lot provision in the Subdivision Ordinance is there for one purpose and one purpose only to help ensure that the building envelopes on corner lots are close to the same size as building envelopes on interior lots. And at no point in time was it ever the intent of the Subdivision Ordinance requirement for 10-foot wider comer lot to provide a larger building envelope for comer lots than on interior lots. Never was the intent. Yet, that is what some in this area, and I think if everyone knew the facts it would be a minority in this area are arguing now. That is plainly wrong, and it is inequitable. Equity is even magnified by the fact that the owners in this case have agreed to build a smaller home on the conforming 50-foot wide interior lot in accordance with the guidelines that were developed for small lots not for 50-foot wide lots. And the same is true on the comer lot where they are going to have a one-story ranch that is on the property now. They are going to upgrade that. It shouldn't, frankly, I don't believe it should have been here for a variance in the first place but we figure since we're going to go beyond that, what's the harm, and then were getting hit with arguments that don't even apply to what we're talking about doing here. This is not a situation where you're trying to put an inferior lot into Shadowlawn and put a shotgun house on an inferior lot, which are all the arguments that were before this original change. That is not this at all. It is turning the whole situation on its ear in terms of the logic and the reason for the regulation. The regulation is being used for a purpose it was never intended for by the opposition that is speaking, but again, they weren't meeting to talk about it and let the facts come out. Staff is 100 percent correct in its recommendation. They now understand totally the facts of the circumstance, which we hadn't given them enough information that they were getting the benefit of the guidelines the first time around. That was the reason for the recommendation now because we didn't give them enough information that the houses, both of them would be conditioned, even though on the conforming lot adhering to the guidelines, and we have now done that. That is the reason why they did absolutely the right thing and recommended approval. Thank you for your time. Janice Anderson: Thank you. Are there any questions of Eddie? Okay. I'll go ahead and open it up for discussion. I guess I'll start with mine. In review of this application, as you all know I live in the area, and I've read over the letters from the neighbors. Just the ones that we have here, there are 16 letters from 16 residents. As Eddie mentioned, the Civic League doesn't meet during the summer. The president is very busy so they just don't meet. It meets quarterly anyway. So, unfortunately all the news went through emails back and forth, and I believe those emails were given to Mr. Bourdon. I think he tried to email back some of the people that had responded negatively. And, if! could say, all the people that did make some comment for the variance. I understand what Mr. Bourdon is saying. There are different lot sizes, different property. It is all under one zoning. It does require 60-foot corner and interiors are 50-feet. All "I Item #9 Coastal Living Builders, L.L.c. Page 7 the letters of opposition are not because they could have been swayed by design or anything like that. Their opposition is two houses where one is. It is clearly a density thing. Everybody (Planning Commissioners) went by on the van trip and saw the one site. They are going to put two houses there. That is what the opposition is. The issue with it is not going to occur again. I do disagree. If you look at the Caribbean Street, as Mr. Bourdon has outlined there, down Caribbean, the corner lots originally were platted larger so it is to have larger lots, in my opinion, the larger lots down the main street that goes down Caribbean and Rudee. If you look at it, he has highlighted for us the areas, the comer lots closest coming off Norfolk Avenue are 60-foot in width. That is the minimum required. If you go further, a majority of them are 75-feet. Those are the yellow lots. And then when you get down to the end, there are in this block there are a couple of older platted 55-foot comer lots. Now these were done over 30 years ago or purchased over 30 years ago. These are whether you want it or not, these are the still existing substandard lots that can be built on. That is what the infill Shadowlawn is. There is a 35-foot lot right next to my house that is not built on. They can build on it. It is a buildable lot. They don't need a variance and that is where the infill directions are going. This is not a variance. It doesn't meet the hardship. I have looked at it and I found out there are at least six other lots that are 105 width. Now there are different combinations but they can, if this is allowed, they can reconstruct. Why can't you build two houses on those? There are six existing. There are two other comer lots that are 135-feet. They can do it by-right. So, the density can happen, and there are various others if the builder buys so many lots than its five less feet they can add additional homes. The variance is supposed to be something that is a hardship. The property is abnormal. They are square lots in a pink. It does require a variance. I don't think there is no hardship there other than it would be considered a financial hardship. The owners want leave the area. They want to sell the property and get the most out of their property by getting two homes there. You got at least six others that I've identified that have 105-feet right now. If that is the wish not to have this affected, then they can go back and change the ordinance for Shadowlawn, if that is what the community wants to allow these smaller corner lots. I don't think it meets the hardship. The neighborhood doesn't want to see it more dense. The land there in Shadow lawn has been over and over again, over developed, they believe just because the price went up. You can read some of the letters from some of the neighb~rs ,that have been there for 45 years. They had a house. This is how it all started. The houses were on six or eight lots, and they sold them all. They were able to do 35- foot, and the neighbors came in and stopped that because it was getting to dense. Again, I cannot see this variance. This is the first variance that I know of that is not by-right to go ahead and make it more to dense. There was another letter from a neighbor that said her street has doubled in capacity in the last ten years. Was there any variance required ofthat? No. It was all done by-right. I just think if we start this variance you will see more of it. You will see more density, and I don't think that it is so unique that it requires a variance because ofland issue or not buildable. It is a single-family home. Mr. Knowles said it can continue a single-family home like they are several105-foot comer lots that have single-family homes on it. Are there other comments? Go ahead David. David Redmond: I've been all over the map on this. I asked a question at the informal meeting this morning, which was. I think he hit on it. What constitutes a hardship? And, Mr. Macali took a decent swing at it. The answer that he essentially gave us is it is essentially undefined, and that our judgment would have to inform that definition. I don't believe that. The way you Item #9 Coastal Living Builders, L.L.C. Page 8 look at it. Five feet is five feet. In my view, five feet is not 15 feet or 25 feet, and if I'm trying to figure out, in all fairness to these property owners based on the development patterns that have evolved over the course of the better part of 100 years perhaps. Is it fair to them to have to accept a fair amount less return on their property and an awful lot of neighbors? Is that fair to them? I think ultimately that is our charge is fairness. I don't know that it is. Nonetheless, I am not sure I see a hardship either. I think perhaps the rub is, and I wish there were a little bit more flexibility in the ordinance. I'm not sure how to fix it frankly, except that were going to be damned if we do and damned if we don't. I don't know that it is very fair to these people to live with this but I don't find a hardship either. Maybe I'll figure it out in the next 5 or 10 minutes. But it is not an easy one. I would hope that other people would throw in here. Jan spoke very eloquently I think about what the neighborhood's concerns are. But I think you also have to be fair that with this sort of fairness and rights that you would afford just about any owner. So, I would ask that everyone balance that fairness question. I wish I could see more of a hardship here, and I would support it. I would be interested in what other folks have to say about that. Janice Anderson: Go ahead Ron. Ronald Ripley: Jack, I got a question. On the design guidelines, I thought I remember the design guidelines really applying globally to the neighborhood not necessarily just to 30-foot lots. I think the intent of the guidelines so that the neighborhood would have a pretty clear understanding, other p~ople coming into the neighborhood a better understanding of what the neighborhood desires. Can you speak of that? Jack Whitney: That is correct. Neighborhood integrity as expressed in new construction and infill development reconstruction was very important to the community and the staff. We spend a long time in evaluating this request for a variance with that in mind. And as Mr. Bourdon indicated at first the staff did not feel that there was enough information presented to describe the outcome what would be placed on the property, in the event that variance was granted to give us the comfort level that the community, the integrity and the intent of the design guidelines would be satisfied. There would not be adverse impact. The question is, and we believe, with the additional information that the applicant provided at our request that was contained in your packet does satisfy that. On the question of the hardship, on page 3 of your write-up beginning at the very bottom of the page, there is a discussion an excerpt from the Subdivision Ordinance that establishes the test for hardship. On that particular point of the application, the Commission will need to determine in its mind whether or not the hardship test is passed after reviewing that section of the Subdivision Ordinance. So yes, we feel that the guidelines address Shadowlawn, as you say as more global content and that staff at the end of the review determined that the proposed application conditioned and proffered as it is, would satisfy that concern. Ronald Ripley: Jan, you mentioned that this is the only variance for this condition? Janice Anderson: I'm not aware of any kind of variance. No. Ronald Ripley: All others have been built by-right? "I Item #9 Coastal Living Builders, L.L.c. Page 9 Janice Anderson: They were 40 something years ago. I'm not aware of any subdivision variance on this. Ronald Ripley: The staff did a good job working under the guidelines but the question I weigh here is do we have opposition to density? I think staff has done a good job if you want to build it, with these design guidelines. They meet it. I think they did a nice job working with it. The question that we have to weigh here is really the density, and is the opposition is how you weigh that? That is where we are. That's what I'm wrestling with. Janice Anderson: Is there any other discussion? Go ahead. Joseph Strange: I agree with Ron. And I listened to Jan's argument. The other argument here I think is I don't really think this changes the overall characteristic of the neighborhood. I don't think makes the variance that much that is actually changes it. So, in that respect that it does meet the test as far as changing the overall character in the neighborhood. Janice Anderson: Okay. Is there any other discussion? Donald Horsley: I look under the criteria that we using here for. It says that "no variance should be authorized". It says the authorization of the variance would not be of substantial detriment to adjacent property and character of the neighborhood would not be adversely affected. I guess that is what Joe was saying. He didn't think it would be adversely affected and be a deterrent to the adjacent property. So, I think that is where staff comes to this recommendation for approval. They don't assume that either. Evidently there are several property owners there that do think it will, like Ron said, that is what we are doing with that idea now. How do we defend that? I personally don't really think it effects the neighborhood. The next one says reoccurring nature. I think that staff has done a good job of investigating this. If they don't think there is going to be enough of that of a reoccurring nature. I don't think they would have recommended that. Is that correct Mr. Whitney? Jack Whitney: Yes sir. That is correct. Donald Horsley: So, with that being said, I guess would support the application. Janice Anderson: Go ahead AI. Al Henley: Shadowlawn, as we all know, is a well established older neighborhood. It was indicated that it was developed 85 years ago. A lot of the older residents that built houses there are no longer here. Now their children, and in some cases, their grandchildren are moving back into this neighborhood. It is a close neighborhood. It's a good neighborhood. Yes, it is dense. But that is the way neighborhoods were planned out years ago. Eighty-five years ago, no one thought that the City of Virginia Beach would evolve to the city that it is today. You try to establish what is best for the neighborhood, and I think one of the most unfortunate times then when a community is trying to express their concerns is to come out to a public hearing like this because I cast a lot of my opinions on people's personal evaluation and comments on how it is Item #9 Coastal Living Builders, L.L.C. Page 10 going to affect their neighborhood. The gentleman came up, and he was brave enough to come before us today, and express his concerns very well. I just wish Shadow lawn neighbors would have done the same thing. I realize today with the economy with the way it is, it is difficult to leave your job. In some cases, you may not be getting paid for your leave to come out to join us at these sessions but if you really believe in your community, and you really believe in your heart what you think is best for your community, I would take off work regardless what my pay scale was, and I would be heard. You only heard from one individual personally. You got a number of complaints in here in writing, which is good but it is not just Shadowlawn. I think every citizen where we have a democracy needs to come out and exercise those God given rights. Ifwe don't express those then how do we know how to serve you in the public's best interest. So, I've looked at this. I'm going to support the application. I really don't think it is going to be a detriment to the neighborhood, but I think in future applications, if more applications come up, we need to look at those more carefully possibly and see what type of dwellings are going to be replaced in these neighborhoods, and hopefully we can hear more from the community, if that does occur. Thank you. Janice Anderson: Thank you. Go ahead Gene. Eugene Crabtree: I agree with a lot with what Al said. It bothers me a little bit that the Civic League, even though they don't meet in the summer didn't make some effort when invited not to meet with the applicant to stand together and voice a concern from that venue. It also bothers me a little bit that you got 35-foot lots that people can build on by-right that is being built on with no problem, and yet we got a lot that is 55-foot, which is 20-foot wider, and we want to tell them that they can't build on it. To me, from a common sense standpoint is that it is not right to let somebody build on a 35-foot lot, and not let someone built on a 55-foot lot as long as the structure is suitable, and is designed such as not to deter from the neighborhood. I don't think that density, a house on a 55foot lot does not create more density than a house on a 35-foot lot, so I don't see that density would be a problem. Therefore, I think I'm going to support the application. Janice Anderson: Thallks Gene. Is there anybody else? Go ahead. Phil Russo: Madame Chair, I just wanted to advise that I will be abstaining as I have a client who has an ownership interest in the property. Janice Anderson: Okay. Kathy? I \ Kathy Katsias: I concur with my fellow Commissioners. I always feel like the neighborhood, when you live in a neighborhood for 30 or 40 years, you really just love your surroundings. And, I agree with Gene that if the Civic League had major concerns, they could of had a special meeting, and they could have gotten together and voiced their concerns. On the other hand, I am concerned that the fact that are we setting a precedent here? How many lots did you say were available? Six? Are we setting a precedent in giving them a variance, and are we going to have six more applications with six additional variances for the developers to build additional homes? I don't think, I mean the density in Shadow lawn already exists, and I don't think one house is 'I "I Item #9 Coastal Living Builders, L.L.C. Page II going to over populate the neighborhood. I don't think there is a hardship here but I feel like I would be supportive of the application because I feel like, even though we had all of these emails not in favor of the application, we could have had response from the neighbors to come down here and voice their opinions. Janice Anderson: Okay. Ron. Ronald Ripley: I'm going to take a different tack. I think the density needs to be looked at. I think the way this house is sited on it, that it is sited on a triangular to the corner. It is not sited perpendicular to it. That is one thing that struck me that I liked about it when I saw it that moving it creating two lots. I don't think I'm going to go for that. I think I'm going to oppose it. Janice Anderson: Thank you. Go ahead David. David Redmond: I still have been able to figure out the hardship and everybody has been, I think heartfelt in their comments. I can either do this in both views. My view, however, Ms. Anderson feels very strongly about. She knows the territory better than I do. And, I know that if this was my neighborhood, my neighbors felt very strongly about something, and I felt very strongly about something. It required a variance where there wasn't any obvious hardship, I would feel kind of picked upon. I don't think that developing an extra house is going to bring Shadowlawn to its knees. I don't think it would degrade the neighborhood. I think that it probably looks like a terrific house. Nonetheless, they are awful riled up about it., and they are riled up about it for reasons that I think all of us have probably shared at one point or other and will probably share again. And, they feel very strongly about it. Unless, in some cases you can get people to support a change, then may you ought not to have one, and as I said, I've seen this now from 90 different angles. And perhaps, I'm flip-flopping more than I have in my entire life. I'm going to defer to Ms. Anderson's judgment with regard to the density issue, which Ron raised, and because we have to change something here, and there is a lot of opposition to do it. And, I don't feel like the requisite expertise to say that she is wrong. They're wrong. Let's make the change. Absent that hardship and I can't find it. So, I support denial of the application. Janice Anderson: Are there any other comments? A motion David Redmond: I make a motion that we deny the application. Janice Anderson: A motion for denial by Dave Redmond. Is there a second? Ronald Ripley: Second. Janice Anderson: A second by Ron Ripley. AYES NAYS ABSl ABSENT 0 ANDERSON BERNAS AYE NAY Item #9 Coastal Living Builders, L.L.C. Page 12 CRABTREE HENLEY HORSLEY KA TSIAS LIVAS REDMOND RIPLEY RUSSO STRANGE NAY NAY NAY NAY AYE AYE AYE ABS AYE Ed Weeden: By a vote of5-5-1 with the abstention so noted, the motion has failed. Janice Anderson: Mr. Macali, if we do the other vote, if it is a yes, does the deny fall to Bill Macali: Well, the State Code voiced interestingly enough that any action of the Planning Commission must be taken by the majority of members present and voting. So, a tie vote doesn't really do that, and unless someone was to change his or her vote, there really is not recommendation for approval or denial of this variance. Janice Anderson: Okay. Donald Horsley: I guess we got off the hook didn't we? Janice Anderson: So, it just goes forward with that? Bill Macali: Unless someone wants to move to reconsider. Eugene Crabtree: I make a motion that we approve the application as presented? Janice Anderson: A motion to approve. Bill Macali: You already acted on the application. Eugene Crabtree: So, we can't do that? Bill Macali: Well, if the Commission wants to reconsider then make the motion to reconsider if the Commission votes to that then you can have a new motion to approve. Janice Anderson: Or we can leave it as it is. Eugene Crabtree: I make a motion that the Commission reconsider this application. Janice Anderson: Is there any second on that? Motion died. Thank you. .. .. . i11/~1 1<'t~etJ rRo~~;IQ d_ - '. . P/IrIJlNI:V D"'-fT.r C,fy,)f 14,M. 21J_J l~tfe1t P\-l ~( S'CttV14e.. 6"t.{.,~-r /11.; fI{6d//() :r ~1fbOedic;> -r4f fic1ues7 .' 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AUG-'II- 20G9 '- - . 1 cJ-<--~ I.,l! dtAe /~1 -ri,_{,jt 'fiLe Ij PLANNIN-G h~,J hAve I,~J @,-tf:.e CL,t,ot1e .. IJ Ref d 1t<S'S tJSF" /45, /1e r; ,I,' . - H - -- - - - ; t i, 11 -, ~ , . i \ . , i, ! ! 1 ~ l\l::.l'\, 1tq COA~ P.:>UI (...0&> APPENDIX A-ZONING H02 The following chart lists the requirements within the R-40 through R-2.5 Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for uses and structures other than dwellings. (d) For uses other than dwellings: Residential Districts R-40 R-30 R.20 R-15 R-IO R-7.5 R-5D R-5R R-5R R.2.5 (1) Minimum lot area in square feet: 40,000 30,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 (2) Minimum lot area outside of water marsh, or wetlands 24,000 24,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 (3) Minimum lot width in feet: 125 100 100 100 100 100 100 100 100 100 (4) Minimum front yard setback in feet: 50 50 50 30 30 30 30 30 30 30 (5) Minimum front yard setback in feet when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet: 55 55 55 55 35 35 35 35 35 35 (6) Minimum side yard setback except when adjacent to a street in feet: 25 25 25 25 20 15 15 15 15 15 (7) Minimum rear yard setback in feet: 25 25 25 25 20 15 15 15 15 15 (8) As an exception, the setback for any yard adjacent to the Atlantic Ocean for any structure shall be 30 feet in the R-5R District NA NA NA NA NA NA NA 30 NA NA (9) Maximum lot coverage in percent: 25 25 25 30 30 40 40 40 40 40 (10) Any side yards adjacent to a street shall be a minimum of 30 feet. (e) Nonconforming lots: (1) Where a lot has less than the minimum requirements for the R-5S Residential Dis- trict and said lot has continuously been a lot of record, in single and separate own- ership from adjacent property, prior to and since the passage of this ordinance, said lot may be developed for any purpose permitted within the R-5S Residential District. (2) However, if the owner of a lot which does not meet the minimum requirements of the R-5S Residential District, is the owner of or becomes the owner of another sub- stand8.!d lot adjacent to it and located in the same R-5S Residential District, he is not entitled to the exception in (1) above. In this instance, the owner of the two (2) or more adjacent substandard lots must combine the two (2) or more lots to form one which will meet or more closely ap- proximate the frontage and area require- ments of the ordinance applicable within the R-5S Residential District. Supp. No. 94 (3) The owner of contiguous substandard lots is prohibited from conveying one (1) or more of the substandard lots with the result that both the grantors and the grantee possess lots entitled to an excep- tion from the minimum lot requirements. (4) Status as a single and separate owner may not be acquired after enactment of this ordinance by selling a parcel and reducing the remainder below the mini- mum lot requirements nor may an owner of several contiguous nonconforming par- cels combine them so as to leave a sub- standard lot, and assert the right to ex- ception in (1) above. For the purposes of this section, lots are not regarded as adjacent where they form an "L", part of one being contiguous to the other. (Ord. No. 1914, 9-11-89; Ord. No. 1977, 6-11-90; Ord. No. 2096, 8-27-91; Ord. No. 2253, 1-25-94; Ord. No. 2675, 11-27-01; Ord. No. 2735, 1-28-03; Ord. No. 2929, 3-14-06; Ord. No. 2937, 4-11-06) 2538.5 ..I Karen Prochilo From: Sent: To: Subject: George Wollett [lukester817@yahoo.com] Wednesday, August 12, 2009 12:15 AM Karen Prochilo; John Uhrin Fw: Variance request for 800 Greensboro Ave., Va. Beach 23451 To Whom It May Concern: We have recently received several e-mails regarding the above referred to variance request. It is our understanding that this matter has been rescheduled to be heard tomorrow, August 12,2009 at 12:00 noon. We are forwarding our previously sent e-mail expressing our opposition to this variance. We would like to again restate that we are still definitely OPPOSED to the above requested variance. We still feel strongly that the approval of this variance would have a negative impact on our property in the 800 block of Greensboro A venue. Therefore, we respectfully request that this variance be denied. Thank you for your consideration. Kim and George Wollett --- On Tue, 8/11/09, George Wollett <lukester817(iiJ,vahoo.com> wrote: From: George Wollett <lukester817@yahoo.com> Subject: Fw: Variance request for 800 Greensboro Ave., Va. Beach 23451 To: k?rochil@vbgov.com, iuhrin(a),vbgov.com Date: Tuesday, August 11,2009,11:59 PM To Whom It May Concern: We have recently received several e-mails regarding the above referred to variance request. It is our understanding that this matter has been rescheduled to be heard tomorrow, August 12,2009 at 12:00 noon. We are forwarding our previously sent e-mail expressing our opposition to this variance. We would like to again restate that we are definitely OPPOSED --- On Tue, 7/7/09, George Wollett <lukester817(iiJ,vahoo.com> wrote: From: George Wollett <lukester817@vahoo.com> Subject: Variance request for 800 Greensboro Ave., Va. Beach 23451 To: kprochil(a),vbgov.com, iuhrin@vbgov.com Date: Tuesday, July 7,2009,6:19 PM To Whom It May Concern: This is to advise that we are definitely OPPOSED to the above requested variance for the property located on Greensboro Avenue which is to be heard on July 8, 2009 at 12:00 noon. We live in the same block at 817 Greensboro A venue and feel that the approval of this variance would have a negative impact on our property. We respectfully request that this variance be denied. 1 Thank you, Kim and George W ollett 2 'I "I Karen Prochilo From: Sent: To: Subject: Toya M Burke [toyamburke@cox.net] Tuesday, August 11, 2009 6:39 PM Karen Prochilo 800 Goldsboro Please do not vote in favor of this proposal. Shadowlawn's charm will be further eroded. This would not be approved at the North end of the Beach!!! Toya M. Burke 410 9th St. 1 Karen Prochilo From: Sent: To: Subject: Attachments: FlanJimDeb@aol.com Tuesday, August 11, 2009 3:35 PM Karen Prochilo; John Uhrin; denasawyer7@yahoo.com Fwd: 800 Greensboro Avenue 800 Greensboro Avenue I wish to express my disagreement with any decision to water down the hard fought limitations to the previous "anything goes" house zoning that we experienced in the Shadowlawn neighborhood and which this request to permit a nonconforming house construction will open the door to again. Prior to the change a few short years ago we had numerous "shotgun", or "traincar" or "skinny" or whatever term you wish to apply houses being built on 25 foot and 35 foot lots in our neighborhood and it was destroying the neighborhood. There obviously was no room for sufficient parking or trees or any of the normal features that make our neighborhood "special". Builders were only interested in slapping up a house, as cheaply as possible, and unloading it on the buyers and their neighbors. After years of jumping through hoops with the City, we finally obtained a modification of the zoning requirements in this area to the normal requirements called for in the majority of other Virginia Beach City neighborhoods (R5S) of minimum of 5000 square feet, minimum of 60 feet each direction from a corner, etc. There was a period in which individuals could obtain permits under the old criteria before the new rules kicked in and that period has certainly passed. I know it can be expensive and additional trouble to follow the rules but the rules are in place to protect the neighborhood and must be followed since they are the MINIMUM, not some extravagant "nice to have" criteria. I recently built two new houses in Shadowlawn (completed in March 2009) and had to modify the footprint of the houses and the size of the lots to comply with the rules. I also had to contend with the 60 foot from the corner rule and did so because I understand why the rules are in place. I did not ask for and would not have accepted ANY variance in order to build these houses. I am not a wealthy person and it cost me to make sure I did not violate the zoning requirements but it is for the betterment of the neighborhood to have and comply with the zoning requirements. This person can do the same. He may have to settle on only two houses instead of adding to his profit by building three or he may have to modify the design or the locations of the houses. But I do not want to see this variance go through and set a precedent that will then be used by others to drive a multiple of additional variances. The line has been drawn. This person needs to stay within that line. James Flanagan 708 Arctic Avenue Virginia Beach, 23451 (Note: I have served as president, vice president and treasurer of the Shadowlawn Civic League for a total of 6 years+ and therefore have some understanding of the 1 "I difficulty of reaching the current zoning rules after years of disaster with the old "non rules".) 2 Karen Prochilo From: Sent: To: Cc: Subject: hrtbrkOO@cox.net Tuesday, August 11, 2009 1 :11 PM Karen Prochilo; John Uhrin Dena Sawyer Email Opposition to 800 Greensboro Avenue Variance Request Karen/John- I live at 416 Terrace Ct in Shadow Lawn. My apologies for being unable to attend the zoning meeting but I am currently serving a one year tour in Afghanistan as a senior Intelligence Officer. I am adamantly opposed to the subj variance on the basis of the pandora's box it will open that we will be unable to close. As a le year resident of Shadow Lawn, the character of our community is what makes it such a special place to live. Granting this variance further creates a congested environment that unduly taxes our infrstructure and violates the existing building codes for density of housing. The existing property consists of four platted lots. All are nonconforming in this R-5S Residential Single-Family District. Three of the lots have a width of 25 feet and the corner lot has a width of 3e feet. Each lot is lee feet long and the entire site has a lot area of 1e,492 square feet. The R-sS District requires a lot width of se feet and a lot area of seee square feet. It is the intent of the applicant to re subdivide the property into two parcels for the development of two single-family dwellings. Currently, there is an existing single- family brick ranch located diagonally across the property. The applicant proposes to relocate this existing one-story dwelling on the proposed corner lot fronting Caribbean Avenue. A second dwelling one and half stories in height fronting on Greensboro Avenue is proposed to built on the interior lot. The interior lot (Lot A2) at se by lee feet will be in conformance with the City requirements. The corner lot (Lot A1) at 55 by lee feet will not conform to Section 4.4 of the Subdivision Ordinance that requires the corner lots to be platted at least 1e feet wider. The applicant submitted an architectural elevation showing how the existing one-story home will be improved after it is repositioned onto Lot Ai. The elevations shows that a front porch will be added and new architectural details incorporated to include shake-look siding, new doors and windows. An architectural elevation was submitted showing a 1 1/2 story home to be built on proposed Lot A-2. The architectural elevation identifies the building materials as architectural shingles, simulated hand-cut shakes and horizontal lap siding, prairie or craftsman style doors and windows and brick base. There are six other corner lots that could potentially apply for this very same variance. This is an unconsciable assault on our community standards that will further erode the fabric of our neighborhood, causing it to spiral into a sea of jumbled, crowded structures on too small of lots. Please respect the wishes of the residents and deny the request for vartiance. Thank you, Mike Hull LtCol USMC Kabul, Afg 1 "I Karen Prochilo From: Sent: To: Cc: Subject: Harvey G Gillespie (hggillespieiii@juno.comJ Monday, August 10, 2009 10:22 PM Karen Prochilo John Uhrin variance request for 800 Greensboro Ave. Dear Planning Department and Planning Commission) I wrote previously in opposition to the requested variance for see Greensboro Ave. Since that time} there have been changes made to the house plans for the interior lot. I also understand the Planning Dept. is now recommending approval for this variance. MY opposition has NOT changed. The issue is not the interior lot--the issue .is the corner lot which is still nonconforming. The lot will be smaller than the size required by code. There are at least 6 other corner properties in Shadowlawn with a single house on them that measure 1e5 feet. If you approve this variance} what is to stop the other 6 or more homeowners from requesting the same? And once you approve this one. won't you have to approve them all? What will this do to density in an already over built neighborhood? The city is slated to come into Shadowlawn to do work to improve our drainage issues. Adding to the density in the community will work against the city's efforts. We already do not have adequate drainage. adequate parking and adequate visibility at intersections in Shadowlawn. Increasing the density will not help those issues. As a past president of the civic league here. I am very aware of the density issues in our community. We worked hard to stop the subdividing of lots that brought "skinny houses" and higher density in our community. This increased footprint on the lots leads to drainage issues as well as parking issues. We already have as much density as the neighborhood can support. This lot does not meet the required square footage to build two homes and I stand in opposition to this variance. Thank you for your consideration. Diane S. Gillespie 71e Winston Salem Ave. Va. Beach. VA 23451 Shadowlawn Click now and enjoy a fantastic vacation in the wine country. http://thirdpartyoffers.;uno.com/TGL2141/fc/BLSr;pTHhwhSMET2PcMlXoQBxMhMdXCkX1kZlbV99701w;zii zuR56yingU/ 1 Karen Prochilo From: Sent: To: Cc: Subject: kgbrowning@att.net Monday, August 10, 2009 11 :35 AM Karen Prochilo j.anderson111 800 Greensboro I am oppose to the variance that I understand the Virginia Beach Planning Commission has now decided to approved. I understand that the square footage of the house that the builder/developer plans to build has been changed. It was always was in line with lot-size requirements. The corner lot has had no changes made since it was originally disapproved. The lot is still smaller than the requirement of 60 feet for a corner lot. There are 6 other corner lots in Shadowlawn that measure 105 feet with one house on them. If this variance is approved we could possibly have all 6 of those wanting a variance to build 2 houses with the corner lot smaller than required. I am concerned that it would be hard for the city to say no to them if they say yes to this one Kathy Browning Owner/Principal Designer Design Consultants GreenDesign and Direction 708 Terrace Avenue Virginia Beach VA 23451-4745 757-422-3876 kgbrowning@att.net 1 I Karen Prochilo From: Sent: To: Subject: JB Dadson [flybuoy2@earthlink.net] Sunday, August 09, 2009 3:05 PM Karen Prochilo RE: Planning Commission Public Hearing for Wednesday, July 08, 2009 (Coastal Living Builders, L.L.C. I William T. Kiley & Helen R. Paxton) Karen, After the deferral, the developer sent an e-mail to those of us that had sent in our recommendation for "disapproval" asking for all of us to meet with him at another one of his projects nearby. He wanted "us" to examine the "quality" of his construction. Several folks came back to him, via e-mail, stating something Iike....."we're not questioning your construction capabilities......we just don't support your project at 800 Greensboro Ave" (GPIN 2417919618). Since those are my sentiments as weill did not meet with him or communicate with him. Now I've heard rumors that he's saying that everybody is onboard with his new revised plan? That's not true, because I still do not support this project. Thanks, JB From: Karen Prochilo [mailto:KProchil@vbgov.com] Sent: Thursday, July 09, 2009 10:07 AM To: ]B Dadson Subject: RE: Planning Commission Public Hearing for Wednesday, July 08, 2009 (Coastal Living Builders, L.L.c. / William T. Kiley & Helen R. Paxton) JB - The applicant's representative requested deferral of the subdivision variance until next month. The applicant would like to work with staff. -Karen f'rochi/o Department of Planning Municipal Center - Bldg 2 2405 Courthouse Drive Virginia Beach, Va. 23456 voice 757-385-4298 fax 757-385-5667 kDrochil@vbaov.com From: JB Dadson [mailto:f1ybuoy2@earthlink.net] Sent: Thursday, July 09, 20099:55 AM To: Karen Prochilo Subject: RE: Planning Commission Public Hearing for Wednesday, July 08, 2009 (Coastal Living Builders, L.L.c. / William T. Kiley & Helen R. Paxton) Karen, Could you tell me what the final outcome of this variance request was? I missed it on TV yesterday. Thanks, JB From: Karen Prochilo [mailto:KProchil@vbgov.com] Sent: Monday, July 06, 2009 10: 16 AM To: JB Dadson Subject: RE: Planning Commission Public Hearing for Wednesday, July 08, 2009 (Coastal Living Builders, L.L.c. / William T. Kiley & Helen R. Paxton) JB - 1 Thought you might want to review a copy of the report to go before Planning Commission on Wednesday. I you cannot open the attachment visit our planning website at vbgov.com for a copy of the report. Please let me know if you received this email since the attachment might not let it go through. Sincerely -Karen /rochi/o Department of Planning Municipal Center - Bldg 2 2405 Courthouse Drive Virginia Beach, Va. 23456 voice 757-385-4298 fax 757-385-5667 korochil@vbQov.com From: JB Dadson [mailto:f1ybuoy2@earthlink.net] Sent: Saturday, July 04, 2009 10:48 AM To: jurhin@vbgov.com; Karen Prochilo Subject: Planning Commission Public Hearing for Wednesday, July 08, 2009 (Coastal Living Builders, L.L.c. / William T. Kiley & Helen R. Paxton) Dear John and Karen, I have lived in Shadowlawn and owned the home across the street from 800 Greensboro Ave (GPIN 2417919618) since 1969. I do not support this variance request. Sincerely, James. B. Dadson (103 Caribbean Ave) \ 2 , I "I - 30 - Item III-G.2.d. PUBLIC BEARING PLANNING ITEM # 27495 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Barbara M. Henley Councilwoman Parker referenced the concerns in Ocean Park relative Benny's Boats and requested a City Inspector investigate same. June 8, 1987 - 29 - Item III-G.2.d. PUBLIC HEARIliG PLAlmING ITEM II 27495 J. L. toforris, .3558 Shore Drive, Phone: 464-0005, the applicant represented himself and distributed a packet of information relative the Economic Impact and General Discription of Seascapes Interiors, Ltd. (Said information is hereby made a part of the record.) Mr. Morris distributed a site plan and advised there is a driveway on the back part of the property and the landscaping will match the landscaping currently in the area. A solid high fence will be utilized to separate it from Benny's Boats. Judith K. Conners, 3958 Whispering Oaks Place, Phone I 464-3640, President of the Ocean Park Civic League, also spoke in favor of the application Attorney Theodore A. Boyce, 2648 Virginia Beach Boulevard, Phone - OFFICEI .340-1113, HOME: 497-2900), spoke in OPPOSITION as an adjacent resident. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of JACKIE L. MORRIS for a Change of Zoning: ORDINANCE UPON APPLICATION OF JACKIE L. MORRIS FOR A CHANGE OF ZONING DISTRICT CLASSIFICTION FROM R-8 TO B-2 Z06871160 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jackie L. Morris for a Chan~e of Zonin~ District Classification form R-8 Residential District to B-2 Community-Businese District on certain property located on the southeast corner of Albemarle Avenue and Stratford Road, designated as 'Lot 3, Block .33, Plat Section "B" of Ocean Park. Said parcel contains 730 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. A 5-foot dedication of right-of-way is required along the frontage of Albemarle Avenue and West Stratford Road, 25 feet from the centerline of the existing 40-foot rights-of-way to provide for standard 50-foot rights-of-way. 2. Further conditions may be required during the administration of applicable City Ordinances. 3. Recordation of a deed restriction, within 30 days, limiting the B-2 Zoning to be used explicitly for the extension of this interior design operation. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ei~hth day of June. Nineteenth Hundred and Ei~hty-seven. _TuI'\lI:lII g 100'" 'I "I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LOLA L. MORRIS, Modification of Conditions of a Change of Zoning approved by City Council on June 8,1987,3725 West Stratford Road. BAYSIDE DISTRICT. MEETING DATE: September 22,2009 . Background: A Change of Zoning from R-8 Residential District to B-2 Community Business District was approved by the City Council on June 8, 1987. One of the conditions of the zoning change restricts use of the property to an interior design business. The applicant is requesting a modification to that condition for the purpose of expanding the range of uses allowed. . Considerations: The applicant proposes to expand the list of uses to a limited range of low- intensity types such as an art gallery, business studio, office, florist, gift shop, interior design business, stationery store, laboratory and establishment for the production and repair of eye glasses, hearing aids, prosthetic devices, and medical and dental laboratories. There are no changes proposed to the existing structure. Sufficient parking exists on the site to accommodate the requested uses. The requested modification of conditions to permit additional similar low-intensity business uses to operate at this site is compatible with the surrounding residential and commercial uses. The proposed modification of uses does not appear to threaten or compromise the character and quality of life found in this community. 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 LOLA MORRIS Page 2 of 2 Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 7~L 1 L1~-{ p.., Muc/ifiCiJtioll of Conditlom 'I "I 8 September 9, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: LOLA L. MORRIS STAFF PLANNER: Faith Christie REQUEST: Modification of Chanqe of Zoninq approved by the City Council on June 8, 1987 ADDRESS I DESCRIPTION: 3725 West Stratford Road GPIN: 14893940570000 ELECTION DISTRICT: BAYSIDE SITE SIZE: 6,769 square feet AICUZ: Less than 65 dB DNL The Rezoning from R-8 Residential District to B-2 Community Business District was approved by the City Council on June 8, 1987. The Rezoning has three conditions: SUMMARY OF REQUEST 1. A 5 foot dedication of right-of-way is required along the frontage of Albemarle Avenue and West Stratford Road, 25 feet from the centerline of the existing 40 foot rights-of-ways to provide for standard 50 foot rights-of-ways. 2. Further conditions may be required during the administration of applicable City Ordinances. 3. Recordation of a deed restriction, within 30 days, limiting the B-2 zoning to be used explicitly for the extension of this interior design operation. (Recorded in deed book 2661 at page 1817) Condition 3 is requested for modification because it limits the use of the site to an interior design operation. The applicant is requesting a modification to Condition 3 to allow a limited range of low intensity uses such as an art gallery, business studio, office, florist, gift shop, interior design business, stationery store, laboratory and establishment for the production and repair of eye glasses, hearing aids, prosthetic devices, and medical and dental laboratories. There are no changes proposed to the existing structure and sufficient parking exists on the site to accommodate the request. LOLA MORRIS Agenda Item 8 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Interior decorating business and vacant office SURROUNDING LAND North: . USE AND ZONING: . South: . East: . West: . . West Stratford Road Across West Stratford Road are single-family and duplex dwellings I R-5R Resort Residential (SO - Shore Drive Overlay) Interior decorating business I B-2 Business (SO - Shore Drive Overlay) Children's play center I Conditional B-4 Mixed Use (SO - Shore Drive Overlay) Albemarle Avenue Across Albemarle Avenue are single-family and duplex dwellings I R-5R Resort Residential (SO - Shore Drive Overlay) NATURAL RESOURCE AND CULTURAL FEATURES: The site is in the Resource Management Area of the Chesapeake Bay Preservation Area. There do not appear to be any significant natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPl I CAPITAL IMPROVEMENT PROGRAM (CIP): Albemarle Avenue and West Stratford Road are two-lane local streets. Neither is shown on the Master Transportation Plan map and other than the Shore Drive Corridor Improvements - Phase IV project, which will affect their intersections with Shore Drive, there are no CIP projects on either street. Shore Drive is a divided four-lane urban major arterial. It has a posted speed limit of 45 miles per hour. On the Master Transportation Plan Map, it is shown as a divided road with a bikeway with an ultimate right-of-way of 150-feet in width. The Shore Drive Corridor Improvements - Phase IV CIP project will add pedestrian walkways and bikeways along this section of Shore Drive and improve the Stratford Road intersection. The Lesner Bridge Replacement CIP project will replace the Lesner Bridge that carries Shore Drive across the mouth of Lynnhaven Bay, approximately one half mile east of the site. Both CIP projects are currently in the design phase. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume West Stratford Unknown ADT 9,900 ADT T Existing Land Use ~ - 12 Road & Albemarle 1 ADT Avenue Proposed land Use 3 - 12- 53 ADT , Average Daily Trips 2 as defined by a single tenant office, interior design studio, and business studio 3 as defined bv medical or dental office or lab, or a retail establishment LOLA MORRIS Agenda Item 8 Page 2 II III WATER and SEWER: The site is connected to City water and sewer. SCHOOLS: School populations are not affected by the request. 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 area as Primary Residential Area, in the vicinity of the Shore Drive Corridor Site 1. The land use plan policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the surrounding stable neighborhoods. The established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: Staff recommends approval of the request to modify Condition 3 of the Rezoning approved by the City Council on June 8, 1987. The condition limits the use of the site to an interior design operation. The requested modification of conditions I development proffers to permit additional similar low-intensity business uses to operate at this site is compatible with the surrounding residential and commercial uses. The proposed modification of uses does not appear to threaten or compromise the character and quality of life found in this community. Therefore staff recommends approval of the request. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~107(h)(1)}, Sho'uld 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 proffer in the 1987 Proffers that provides, "The property shall be used solely for interior design operation purposes as an extension of the grantors' current interior design business" is amended to read, "The property shall be used solely for an art gallery; business studio; office; florist; gift shop; interior design business; stationery store; laboratory and establishment for the production and repair of eye glasses, hearing aids, prosthetic devices, medical or dental laboratory" . PROFFER 2: All of the terms, conditions, covenants, servitudes and agreements set forth in the 1987 Proffers recorded in LOLA MORRIS Agenda Item 8 Page 3 the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2661, at page 1817, save and except, the proffer specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, heirs, personal representatives, assigns, tenants, and other successor in interest or title. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the types of low-intensity compatible business uses proposed for the site. The City Attorney's Office has reviewed the proffer agreement dated July 21, 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 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. LOLA MORRIS Agenda Item 8 Page 4 II II 'I "I I AERIAL OF SITE LOCATION LOLA MORRIS Agenda Item 8 Page 5 3725 STRAffORD ROAD ~'t~t~ ~j.~ ~-rI;;ti2.P ~ot '-<1:#0 ~,17t "(Ii/l.;;; CN l; ~ ~ -rf)t!1) ~\N~ .;.1\Ji.>1O ~t<.}Ni! l/~ ' ~.z. ~\M\14, 91!"1IN. 1>\ "'-'u'.. t'h~ l~.~\ ~:'". tlil.-if f'U? ~JD 111 tl 1$' e.~'O lIP ~;' " '4"1;1.1'.<,, <it Z. (J.. g/U/Jl,Jt${ lP(' .Ir-----'7= r;,A--"- .--=-. '~~ l.. /)'_ .,,, /_ _" i:'- _', V j ~ '\.1'/' - ___-::,__C/./...~.:,,!.~,..;';~."'.,.,.l , .t4 .,,' ~::.~ ~. - ~' l · _p 1 .~- ! '- ! '~-'::Ji:~:g$J /~\ _~~1~'~ ~fot".", ,::::: j: . ,6~~rts.KI~ " ,',~" ., ",f Q-1,.ttJ ~J:.,,1.1:"1~ ~~.1?) 1~e."1 / j ... ~~ VlILll;Ntl. 'jti ~! ~~(.)J ~ '\,Dt'QF ~ (;y.l~l' PROPOSED SITE PLAN LOLA MOM\S Agenda \teJn 8 Page 6 II II 'I "I I EXISTING BUILDING LOLA MORRIS Agenda Item 8 Page 7 Modification of Conditions 1. 6/8/87 RezoninQ (R-8 Residential to B-2 Business) Aooroved 2. 1/22/08 Modification of Proffers Approved 10/25/05 Rezoning (B-2 Business to B-4 Mixed Use) Approved and Conditional Use Permit (Multi-family dwellings) 3. 7/1/03 Rezoning (B-2 Business to B-4 Mixed Use) Approved and Conditional Use Permit (Multi-family dwellings) 4. 7/2/02 Modification of Conditions Approved 5/9/00 Conditional Use Permit (Boat sales and Approved service) 5. 3/26/91 Change to Nonconforming Use Denied 6. 4/23/90 Street Closure Approved ZONING HISTORY LOLA MORRIS Agenda Item 8 Page 8 ~ I I r · c~ I I J , =-- ~ CI":;j z o I I r I I I Q Z c~~ c ~ rT I o Z o I I r I r;~ I I rT . J I Q o ~ , 1'1 ~ ,. '7 DISCLOS~RE STATEMENT II 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) 1/ Lola L. Morris 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) "" ~Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary1 or affiliated business entit! relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 LOLA MORRIS Agenda Item 8 Page 9 "" DISCLOSURE STATEMENT ~ ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services. accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon. Ahern & LevY, P.C. -/eQal services 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 according to the instructions in this package. ~ - \)-L ~.~ ~ Applicant's Signature LOLA L. L fllt-lo f? Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 ofl1 Revised 9/112004 z c ~ I I r I d C' ~ I I I , ~I ea CI:) z c ~ I I r t I I Q Z c ~ c: ~ r-r t C-~ z C~~ I I I I <: C' :] I I r"" t I I Q C~~ ~ LOLA MORRIS Agenda Item 8 Page 10 I "I Item #8 Lola L. Morris Modification of Conditions 3725 West Stratford Road District 4 Bayside September 9, 2009 CONSENT Joseph Strange: The next matter is agenda item 8. An application of Lola L. Morris for Modification of Conditions previously approved by City Council on June 8, 1987, on property located at 3725 West Stratford Road, District 4, Bayside with two proffers. Michael Levy: Thank you Mr. Strange. Madame Chairwoman, Commissioners, I'm Michael Levy with the firm of Sykes Bourdon in Virginia Beach. I'm very pleased today to represent Ms. Morris in her application. We certainly agree with and accept the conditions that we have proffered, and we thank you very much for your consideration, and placing us on consent today. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked David Redmond to review this item. David Redmond: Thank you Mr. Strange. The original rezoning from R-8 Residential District to B-3 Community Business District was approved by City Council on June 8, 1987, with a number of conditions. One of those conditions was that the use be restricted to an interior design operation. Today, the applicant is requesting a modification of those conditions to allow a limited range oflow-intensity uses such as an art gallery, a business studio, office, florist, gift shop, interior design business, stationary store, laboratory and establishment for the production and repair of eye glasses, hearing aids, prosthetic devices, and medical and dental laboratories. The Commission is unaware of any opposition to the application. Staff recommends approval, and the Commission concurs by consent. Thank you Mr. Strange. Joseph Strange: Thank you Mr. Redmond. Madame Chairman, I make a motion to approve agenda 8. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE Item #8 Lola L. Morris Page 2 REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 8 for consent. Janice Anderson: Thank you II II '1'1 I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7544 DATE: September 10, 2009 FROM: Mark D. Stile~~~ B. Kay Wilso~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Lola L. Morris The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 22, 2009. I have reviewed the subject proffer agreement, dated July 21,2009 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 FIRST AMENDMENT TO PROFFERED COVENANTS AND CONDITIONS LOLA L. MORRIS TO PROFFERED (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 21ST day of July, 2009, by and between LOLA L. MORRIS, 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 property located in the Bayside District of the City of Virginia Beach, Virginia, containing a total of approximately 6,769 square feet as more particularly described in Exhibit "ft:. attached hereto and incorporated herein by reference, which parcel is referred to herein as the''PropertY'; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants and Conditions dated June 8, 1987 (hereinafter "1987 ProfferS), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sornetimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and GPIN: 1489-39-4057 PREPARED BY & RETURN TO: SYKES, BOURDON, AHERN & LEVY, P .C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The proffer in the 1987 Proffers that provides, 'The property shall be used solely for interior design operation purposes as an extension of the grantors' current interior design business' is amended to read, 'The property shall be used solely for an art gallery; business studio; office; florist; gift shop; interior design business; stationery store; laboratory and establishment for the production and repair of eye glasses, hearing aids or prosthetic devices; medical laboratory or dental laboratory:' 2. All of the terms, conditions, covenants, servitudes and agreements set forth in the 1987 Proffers recorded in the Cler}{s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2661, at Page 1817, save and except, the proffer specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and 2 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 fun 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 arnendment 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. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as rnay be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 I (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: ~~_ ~~___t ~ Lola L. Morr~ (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 21st day of July, 2009, by Lola L. Morris, Grantor. My Commission Expires: Notary Registration No.: QJuJUkU ~ Notary Public 0\?o\1 z... \q\~lq 5 'I "I EXHIBIT "A" Legal Description For Proffer Modification ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 3, Block 33, as shown on that certain plat entitled "Section B of Ocean Parlt, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 137. IT BEING a portion of the property conveyed to Lola L. Morris, married, by deed of assumption from Jackie L. Morris and Lola L. Morris, husband and wife, dated April 30, 1992, and recorded June 8, 1992, in the aforesaid Clerk's Office in Deed Book 3095, at page 1099. 6 NEW CINGULAR WIRELESS Map H-22 M..p Not to SCilla New <> ,. ""0 . 0" C\) 22~ C1 o 0-2 CUP for Cellular Telephone Antenna AG-l Relevant Information: · Princess Anne District The applicant is seeking a Conditional Use Permit for wireless communication antennas on an existing tower. · Currently, a 140-foot high self-supporting lattice tower is located on the site. This tower supports the City's Emergency 911 system. · The applicant proposes to extend the height of the existing tower by four (4) feet and install two (2) antennas. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Consent agenda. 'I "1 r.~,^,~~ ,{~~... .....7~, [2~~' . .\~, ,.t:;: ' l'" (~\--- :~~ ~-,\~ .:1> ~.,~~ ....:..::/ -":~~;;;.:r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T), CONDITIONAL USE PERMIT, COMMUNICATION TOWER, 6009 BLACKWATER ROAD. PRINCESS ANNE DISTRICT MEETING DATE: September 22,2009 . Background: The applicant requests a Conditional Use Permit for the installation of wireless communication facilities on the site. A 145-foot high self-supporting lattice tower is currently located on the site, which is home to the Blackwater Fire Station. This tower supports the City's Emergency 911 system. The City Council deferred this application on May 26, 2009, to allow the applicant and staff time to address outstanding issues pertaining to the terms of the lease. On September 8, 2009, the City Council approved the lease agreement allowing the applicant's use of this facility. . Considerations: The submitted site plan depicts the lease area to be located on the western side of the Blackwater Fire Station building. Access to the site is via a single entrance from Blackwater Road. A fence will enclose the lease area and required landscaping will be installed on the outside of the fence to screen the ground- level equipment. The existing tower will be raised by four feet for the purpose of installing two wireless communication antennas. A 12-foot by 30-foot (12'x30') concrete pad will be installed at ground level to accommodate a platform that will support the necessary equipment. Staff finds this request meets the requirements of Section 232 of the Zoning Ordinance pertaining to Use Permits for wireless communication antennas and towers. The applicant searched the area for collocation availability and was able to locate the existing tower to meet the network needs. The applicant proVided a structural report confirming the addition to the tower will be designed in accordance with the Virginia Uniform Statewide Building Code and will accommodate the existing City of Virginia Beach E-911 system and the proposed antennas. The submitted NIER (non-ionizing electromagnetic radiation) report states".. .the proposed operation at this site would not result in exposure to the Public excessive levels of radio-frequency energy as defined by the FCC Rules and Regulations, specifically 47 CFR 1 .1307, and that Cingular Wireless' NEW CINGULAR WIRELESS, P.C.S., L.L.C. (T/A AT&T) Page 2 of 2 proposed operation is completely compliant." The residents in the surrounding area have been contacted by the applicant to discuss the project. . Recommendations: The Planning Commission placed this item on the Consent Agenda passing a motion by a recorded vote of 10-0 to approve this request, with the following conditions: 1. The site shall be developed substantially in accordance with the submitted development plans entitled "AT&T Indian Creek Road, Site #NF325A, 6009 Blackwater Road, Virginia Beach, VA 23457", prepared by BC Architects and Engineers, and dated 4/30/08. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning. 2. The proposed tower shall not exceed 145 feet in overall height. 3. In the event interference with any City emergency communications facilities arises from the user( s) 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 cease operation to the extent necessary to stop the interference. 4. In the event that antennas on the tower and or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. . Attachments: Staff Review . Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~ City Manager: ~t-~. ~L \- ~ , Map H-22 Mo Not to St;~le New Cingular Wireless, PCS, LLC c:::J 0 AG- o -1 REQUEST: Conditional Use Permit (communication tower) ADDRESS I DESCRIPTION: 6009 Blackwater Road GPIN: 13982135880000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 4.91 acres 420 square feet lease area AICUZ: Less than 65 dB DNL I # 17 April 8, 2009 Public Hearing APPLICANT: NEW CINGULAR WIRELESS, P.C.S., L.L.C (T/A AT&T) PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie SUMMARY OF REQUEST The applicant is seeking a Conditional Use Permit for a communication tower to be located on the site. Currently a 140-foot high self-supporting lattice tower is located on the site. This tower supports the City's Emergency 911 system. The applicant proposes to extend the height of the existing tower by four (4) feet and install two (2) antennas. A 12-foot by 30-foot (12'x30') concrete pad will be installed to accommodate a platform on which the equipment cabinets will sit. The submitted site plan depicts the lease area to be located on the western side of the existing Blackwater Fire Station building. Access to the site is via a single entrance from Blackwater Road. A fence will enclose the lease area and landscaping will be installed on the outside of the fence. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Blackwater Fire Station NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: West: · Intersection of Blackwater Road and Indian Creek Road · Woods I AG-2 Agricultural · Blackwater Road . Indian Creek Road NATURAL RESOURCE AND CULTURAL FEATURES: There do not appear to be any significant natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES City services are not impacted by the request. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The request for a Conditional Use Permit for a Communication Tower is acceptable. The applicant searched the area for collocation availability and was able to locate the existing tower to meet the network needs. The applicant provided a structural report confirming the tower will be designed in accordance with the Virginia Uniform Statewide Building Code and will accommodate the existing City of Virginia Beach E- 911 system and the proposed antennas. The submitted NIER (non-ionizing electromagnetic radiation) report states"... the proposed operation at this site would not result in exposure to the Public excessive levels of radio-frequency energy as defined by the FCC Rules and Regulations, specifically 47 CFR 1.1307, and that Cingular Wireless' proposed operation is completely compliant". The neighbors will be notified by the applicant to discuss the project. Based upon the information submitted staff concludes that the request conforms to the regulations of Section 232 of the City Zoning Ordinance and therefore recommends approval of the request subject to the conditions listed below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted development plans entitled "AT&T Indian Creek Road, Site #NF325A, 6009 Blackwater Road, Virginia Beach, VA 23457", prepared by BC Architects and Engineers, and dated 4/30/08. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning. 2. The proposed tower shall not exceed 145-feet 140 foot in overall height. 3. In the event interference with any City emergency communications facilities arises from the user(s) 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 cease operation to the extent necessary to stop the interference. NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 2 '1 4. In the event that antennae on the tower and or the tower are inactive for a period of one year twe yeaF&, the tower shall be removed at the applicant's expense. 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. NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 3 AERIAL Of SITE LOCATION - - NEW CINGULAR WIRELESS. pCS. L.L.C. (TIA AT& T) Agenda \tem 17 page 4 ~t ~L i ,;.", il 1 D~'~~ i I ii j I,! illaJ. H j ..~.:iq r r II!. If Iii! ~ I f.OI a! "fi~;i t~! i ~: ;.liUI !. II II,~ .:fi ~l' j u ,1. . 5 ~ Ii II . f~Ji ul~J ee!S ! IiU I iHldlti.d .......;'~=:! t. l! \ " , \'\. '\ '\"~ ~ ~ 00.. "IF... // ~ "'\ / "% ~ .J! ~ '\ .' % \ I \"\; . \, '\ I \ , \ ! \ i . ._._....__..._~------_._-_. i.-.-- ~ _ __.___, .___ H .', ... +--- i\ ~ s ~W'D6." .' 10' II III ~ i :j_ ~ .1_~_ - --------------;;-----j I" f!i t 'Q I l~~ /~r-;-' -~ '\\ ~ii :\ i~~ .~\ l..._~ r\ ~& ';\ \ ;- ..' .fI /)if +, I I! ~ r.~; :i~ ) PLAN OF SITE NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 5 ~ ~ "0 ~ ~ ~ \:( ! 5u I~!l ii .1 E .1 ~~ 1 ;. ,; ~ ". ,."w Ix i: f .~t is i ~i i~ · ~~ g !; ~ ~~j '"ii, -, ' I~~ ii~ .,.....", '.' I; i i :..?"".:~ 'Ii . i-Ii f;i1lh !: ft !.S 1",li JJ~ rb t ail Ii.. U Ph I ': . \ ! i 11 : 1 \ \. \ \ Ii: I \ \ '\ \ Ii;'. . r- --.- - -,"', 'TV-" ~ (1 ii'" .. .,) \ .,' ~c , n : '" It \. '1 ~ ,'~'-'-~----r>-'" : ^I!l/:~ C:,,',:',:'" i-81 . i ~ ,!~I . ~:") .... ' ~ l '- :, '. ~t:l. ~= I" M ---, I I i t r " . ~ :: \' /l11~~"1 .~, - .. \,." [,.1 'I :x,,\ ' . f ~,j ""'/' ,I - il- - ~~'~:J / 21 !I '.,; I! I . , . . ------J I f I I t .,--~._,-. j ~ ~ ~ 1~ 0 I 1- !If ',,~ i, I ~ zr J,~ ~! ~ I,I;~ ii ill III i I I I \JII , :r:::, ~ -. iIS il. ~=:i 'W .; ~~ ~. 0..; 0: XI ~.~ W':,." 0,- s~ fi ~gj @::> ;; Ii ~ I~ al ~ ~r i!l! j!;' ~ r! i: =: Iln i~~! : \J. . ~ . '" ~ . . . ~ ~~ " . . . ...c/~~, 6~Z dCa~("A<'~~h..t~/8OOl ~,] tc::Utl HO~~ 1tQ:-0{....~ PROPOSED LANDSCAPE PLAN NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 6 ',- ;,,'" .t.. \, \ \l \! -=\ U \ ~ ~ ! \\ \ it ~ ~ t ~ R ; ir \\\ \\ ' \---- r--- , I \ _.~..,... C""-"",,, - - j- -.- j ...---- --_..-----_._~-,.., i l II l'51 it i~ t 5' ",\...~ .-, ~ , \\i' ~ l\l I ~~' .t-_d--'---'-- ...../' ' I-r'-'- /' " ' .,-/ \'1 ,/ -,' ' \"\"'r8~~ I ~ ~ \' \ '. ,\._,: . ; (\..~~~~ 1" " '" \ ' . ,., 1\1 . .." ...........'. -. , ' \ . ", " ,'. \ " \ ~ \ \i," ':'. -")iJ"I'.' ~ I. 1<" ,.., ~ . . __+ \~:. ...... ~ ~.~~s t,',l t..... :. - ~ ........, ~ II< . .' . """ \'! __I \ ,....-' \ i'. I .. ~ \ .1' a', ~ .; ... ~~.. t" L.-i~\ '\L-d--' '.'> , . \. I ""J \ ,<}i f' ....."..J , ! ,/ \: i '. "" ' ..--- l\ ! r' I' ~" ,,(('..\ ~ ~ \\ ',\\ L . :J'r" 1,_...-'" .. --,--?--.-'-' ...,..-' I' \ ! \ ~~t'\ \-, . :<: ~ "" ~ ~~ wS; 1; ~; (.\-;) ~ t" :.j' ~~}l \ ,,'\ "'~ s< \ \ '~ ;\n i.... \\\\ b cr IIV '/P":b!tf.Y/'if/$'" PROPOSEO SI1E M"O E\..E" "lION p\..AN ~EW CI~G\JL/>.R WIRELESS. pCS. L.L.C, \1,/>./>'1& I) Agenda \tern '\ 1 page 7 ", Legend Sites Status ~ (In Ait' Sites ... Planned SIl-es 2.5 5 , mlle$ 5 ..~. . ! k> NF092 ~NF063 \ ~1S7 ~'fl,,yia Beach CIty \ \ ~~tn20 \ /' tlNFS418 1-- \~ cBIfl93 cBNf016 8J~301 ciS tIf061 /~~ Nf3408 c3w306 \ 65' ... 1A &;1fl91 \ <2 <2.110 5w3&Jl.3948 ~ ~tR5 ~302C. .,./""J&sNm8 j'dfNF322 ,~ \ .. ~ Chesapeake C & JR65 r. \ \ ~ .116 ...'1 cg fR21 <2NF008 _ ""' \ \-..L~~Nf022,-~,,,j , f'"':>', \ ~.,5t If , u ,,,\ \ ..~L... ~NF031 --' d \ ~;J31 <2.,53 C "", {\ \ \ \ { \'~ \ \ \ 33 \. \ .;J 'S \ \ \ ~~ r \ '~. .,56 ~', \ ft. ~.309 ( " \ r, \ r) \ ,\) , ttNf325\.,\... { r/i> ~ I~ '-.. ",- Eb.\1&~ I ;_11 '- .J \--\ " {.. ~ (-. "tuirlruck CotJ~ ()'~.-0 _,,_____, '.Jl _ ~, , \ \ \ \ \ l @NF327 1 cBtH26 \ \ ""160 AT&T NETWORK NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 8 "I : IQ> u ..i 1 ..... , llt5' (Il1iIl ('t1 t .' i ~ i fD: ., ... I ~ <.J fh I .- 4)' .~ ;: ... f6 ~ I co ..l " :., ..." .. "" J = i g :4'l1:l0;&'C ~:iI~jS 181111 Uq:€tC tt ~\I" \.' . It.. 't." ..... " EXISTING PROVIDER COVERAGE NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 9 'I 4> ~ .. III .:If.s.. J!! i~.g ~.~ i i1jlg .= ,..I')Jf; CS' lI)~"'i; - .4 I 4)' ,. ~ ..S; 1J i M CD1 4)' G t: I s . ~ M t .Jf: i PROPOSED PROVIDER COVERAGE NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 10 'I "I Map H-22 Ml'lp Not to Scale New AC-2 ,. usa _ 00 C\J. zn c::J o G-2 CUP for Cellular Telephone Antenna 1. Subdivision Variance and Conditional Use Permit (Alternative Residential Conditional Use Permit Sin le-famil dwellin s Conditional Use Permit Church Conditional Use Permit Communication Tower Approved 2. 3/24/92 3. 8/17/01 4. 7/2/07 A roved A roved Withdrawn ZONING HISTORY NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 11 J DISCLOSURE STATEMENT I 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) New Clnoulal Wlleless pes. LLC IVa A T& n . Please see attached Itst 2. List all businesses that have a parent-subsidiary 1 or affiliated business entili relationship with the applicant: (Attach list if necessary) A T& T Mobilitv LLC 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) City of Virginia Beach 2. List all businesses that have a parent-subsidiary1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) N/A 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 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? ConditIOnal Use Perm,l Appltcahon Page 9 Of 10 ReviSed 7/3/2007 z o I I ~ ~ . I J 1 =-- ea f--I ~ ~ ~ c.I:) ~ ~ o I I f--I . I Q Z o t..:) DISCLOSURE STATEMENT NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 12 z C> I . a s:! ea F-t ~ [f J:;I;:I CI":) ~ ~ C> I . F--c J I c:::l Z C> c;....} 'I "I I DISCLOSURE STATEMENT ~ ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) leClaJrRyan SAI Communlcallons Be Architects EngIneers. P.L.C. SitoSalo 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 Conflicl of Interests Act. Va. Code 9 22-3101 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. (il) 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 Govemment Conflict of Interests Act, Va. Code S 22.3101 CERTIFICATION: I certify that the information contained herein is true and accurate I understand that. upon receipt of notification (poslcard) that the application has been scheduled for public hearing. I am responSible tor obtaining and posting the required sign on the subject properly at least 30 days prior to the scheduled public hearing accordIng to the instructions in this package The underSigned also consents to entry upon the subject properly by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application Applicant's Slgnatur~-- -----..- ---..------- Print Name Properly Owner's Signature (if different than applicant) Pnnl Name CondlllOMI Uae Permit Apphcehon Page 10 of 10 ReVIsed 11312007 DISCLOSURE STATEMENT NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 13 ~ .......c 5 ~ ~ f : ~ 8: ~ CI':) ~ ~ <:> .......c f : ~ z <:> c:...;) 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) , '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 Govemment Connict 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 entily has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entily is also a controlling owner in the other entity. or (i1i) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entily relationship include that the same pen;on or substantially the same person own or manage the two entities; there are common or commingled funds or as&els: 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. c10$8 working relalionship between the entities.' See State and Local Government Conflict of Interesls Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the InformatIon contaoned henlin is true lInd lIeeurllte I unclers18nd lhal. upon ~I aI notJIic:atlOf1 (postClIrtll Ih8I the application has been scheduled lor public hearing. I am responlllble for obtaining and posting lhe nICluired sogn on the subjeCt property 81 leaSt 30 days prior 10 lhe scheduled public hearing 8l:COl'ding 10 the instructions in this pack. The und...igned 8Iso conMntlI to entry upon the subject ptOpCIrty by employ_ of the Department of Planning to photograph and view the site tor purposes of p~ing and llVlIIuating thIS appIlC8loon Cc ~,c l4.? - 1"---1--, ( '''' ,. '^ fa(' 1 Applicant's ignature .) Print Name ,.1(, ,Ii. ~", 1 . ,/ 'F ._'.T'<' h. "J\I'."'" ')( ./ Print Name Property Owners Signature (.f diffetent thlln applicant) Ccn<IllIonoI \lie _ Ar>I>li- poge 10 0110 _ 7I3l2OO7 DISCLOSURE STATEMENT NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 14 EXECUTIVES FOR AT&T MOBILITY LLC Name Title Chief Executive Officer, President and Chief Operating Officer Chief Financial Officer Vice Chairman of Customer Markets - A T& T Mobility LLC and President of Customer Markets -A T& T Mobility LLC President of Northeast Region President of Cingular Interactive Wireless Business Group Ralph De La Veaa Peter A. Ritcher Richard A. Anderson Steve Hodaes Charles Nelson AT&T MOBILITY LLC BOARD OF DIRECTORS Name Rayford Wilkins Jr. Richard A. Anderson Richard G. Lindner Randall L. Stephenson Mark L. Feidler J.D. Primary Company AT&T, Inc. AT&T Southeast AT&T, Inc. AT&T, Inc. MSouth Equity Partners NEW CINGULAR WIRELESS, PCS, L.L.C. (T/A AT& T) Agenda Item 17 Page 15 Item #17 New Cingular Wireless PCS, L.L.C. T/A AT&T Conditional Use Permit 6009 Blackwater Road District 7 Princess Anne April 8, 2009 CONSENT Joseph Strange: The next item is item 17, an application of New Cingular Wireless PCS, L.L.C. T/A AT&T for a Conditional Use Permit for a communication tower on property located at 6009 Blackwater Road, District 7, Princess Anne, with four (4) conditions. Lisa Murphy: Good afternoon Madame Chair and members of the Planning Commission, my name is Lisa Murphy. I'm here today on behalf of the applicant, which trades as AT&T. As Faith mentioned in the informal, there is one slight change to Condition 2 that I think has been circulated. I want to echo Glenn's comments. We appreciate all the work of Bill Macali and staff have done in moving these city owned sites through the process. We accept all of these conditions. Again, with this slight modification to Condition 2, we appreciate your time. Thank you. Joseph Strange: Thank you Lisa. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review this item. Al Henley: Thank you. The address of the property is 6009 Blackwater Road. The applicant is seeking a Conditional Use permit for a communication tower to be located on the site. Currently, a 140 foot high self supporting lattice tower is located on the site. The tower supports the City's Emergency 911 system. The applicant proposes to extend the height of the existing tower by four (4) feet and install two (2) antennas. A 12-foot by 30-foot concrete pad will be installed to accommodate a platform on which the equipment cabinets will sit. The submitted site plan depicts the lease area to be located on the western side of the existing Blackwater Fire Station building. Access to the site is via a single entrance from Blackwater Road. A fence will enclose the lease area and landscaping will be installed on the outside of the fence. Staffis recommending approval ofthis particular application, and the proposed operation is completely compliant. The neighbors will be notified by the applicant to discuss the project. Based upon the information submitted staff concludes that the request conforms to the regulations of Section 232 of the City Zoning Ordinance and therefore recommends approval. Once again, as indicated there was a slight change to Condition 2, which is indicated to 145 feet and then Condition 4, that was a typo corrected to one (1), if for some reason the antenna and tower cease to operate. Thank you very much. Joseph Strange: Thank you AI. Madame Chairman, I will make a motion to approve agenda item 17. Janice Anderson: I have a motion by Joe Strange and a second by Kathy Katsias. Item #17 New CingularWireless PCS, L.L.c. T/A AT&T Page 2 AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: Bya vote of 10-0, the Board has approved item 17 for consent. VIRGINIA BEACH SCHOOL BOARD School Board for the City of Vir inia Beach t-, APZ-l () .', CUP - for Wind Energy System .., Relevant Information: · Beach District . The applicant requests a Conditional Use Permit to install a wind energy conversion system consisting of four horizontal wind turbines. · The turbines are 60 feet above the ground at the highest point of the blade. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. ~~..,. .c~:r "to;+.~ f.~~ ~" (e'.. "f r~~ ~. - ..~ l..';., -. il~ ~\~:fI ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH SCHOOL BOARD, Conditional Use Permit, wind energy conversion system (freestanding), 1677 Harpers Road. BEACH DISTRICT MEETING DATE: September 22,2009 . Background: The applicant is developing the subject site for a pupil transportation (school bus) maintenance facility consistent with the plans submitted with a Conditional Change of Zoning approved by the City Council in July 2008. The facility will contain four buildings totaling 132,000 square feet for vehicle maintenance and repairs, storage, bus wash and office space. Once complete, all of the existing pupil transportation operations will be consolidated at this one location. With an operation of this size, the use of supplemental sources of electric power is practical. Thus, the School Board is proposing the installation of four 2.4 kilowatt Wind Energy Conversion System (WECS) units on the site. The Zoning Ordinance allows two units to be located on lots zoned Industrial without a Use Permit (the subject site is zoned Conditional 1-1 Heavy Industrial). Since the School Board proposes four units, a Conditional Use Permit is required and is being sought. . Considerations: Each WECS consists of a horizontal-axis turbine with three six-foot blades mounted on 50-foot high monopoles. The overall height to the top of the blade at its greatest extent is 60 feet. The four monopoles are proposed for an area at the rear of the site, immediately behind the curb of the paved maintenance area and in front of the bioretention area. The monopoles are 60 feet from each other. The wiring for each turbine runs through the monopole and then underground to electrical panel boards located in the tire storage building, which is the building closest to the location of the monopoles. The proposed WECS units meet the requirements of Section 209 of the City Zoning Ordinance, which regulates Wind Energy Conversion Systems. Each pole and turbine is certified to meet the applicable regulations of the Building Code, as well as possessing the structural integrity to carry the weight and wind loads of the WECS turbine. The proposed units possess a redundant braking system that engages at wind speeds that may cause damage to the system or its supporting pole. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Page 2 of 2 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 four (4) Wind Energy Conversion System units shall be located on the site in the location indicated on the submitted site plan, entitled "Conditional Use Permit Wind Energy Conversion Systems Site Plan, Pupil Transportation Maintenance Facility at Harpers Road, Virginia Beach City Public Schools, Sheet CUP-1," dated 08/07/09. 2. Each of the four (4) Wind Energy Conversion System units shall be of the type and meet the specifications indicated on the submitted plan entitled "Electrical Wind Turbine Details, Pupil Transportation Maintenance Facility at Harpers Road, Virginia Beach City Public Schools, Sheet E0004," dated 01/11/09. 3. As specified in Section 209(d) of the Zoning Ordinance, the WECS, including all associated equipment, shall be inspected every two (2) years to ensure compliance with the provisions of Section 209 and the conditions of this Use Permit. Said report shall be submitted to the Planning Director, and the first report shall be submitted prior to two (2) years after City Council approval of this Use Permit. . 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 Departmen~ City Manager: 1"Q..{ i U {- f"'-I ~..- ., CUP - for Wind Energy System REQUEST: Conditional Use Permit (wind energy conversion system) ADDRESS I DESCRIPTION: 1677 Harpers Road GPIN: 2405874809 ELECTION DISTRICT: BEACH SITE SIZE: 20 acres .] "1 11 September 9, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White AICUZ: Greater than 75 dB DNL and APZ-2 NOTE: This hearing of this application by the Planning Commission is dependent on the adoption by the City Council of the Wind Energy Conversion Systems (WECS) ordinance amendments, which City Council will hear on September 8. If City Council fails to adopt the amendments, the Planning Commission must defer action on this application. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the installation of four 2.4 kilowatt wind energy conversion systems (WECS) at the Virginia Beach Public Schools Pupil Transportation Services Maintenance Facility. The site is zoned Conditional 1-2 Industrial, which permits two WECS without a Use Permit. Since four systems are proposed, a Conditional Use Permit is required. Each WECS consists of a horizontal-axis turbine with three six-foot blades mounted on monopoles of 50 feet in height. The overall height to the top of the blade at its greatest extent is 60 feet. The four monopoles are proposed for an area at the rear of the site, immediately behind the curb of the paved maintenance area and in front of the bioretention area. The monopoles are 60 feet from each other. The wiring for each turbine runs through the monopole and then underground to electrical panel boards located in the tire storage building, which is the building closest to the location of the monopoles. VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 1 Each pole and turbine is certified to meet the applicable regulations of the Building Code, as well as possessing the structural integrity to earry the weight and wind loads of the WECS turbine. The proposed units possess a redundant braking system that engages at wind speeds that may cause damage to the system or its supporting pole. The following table provides the various requirements of the Zoning Ordinance pertaining to Wind Energy Conversion Systems and a comment specific to this proposal's compliance with those requirements. Ordinance Reaulation Professional Engineer Certification Lot Area Setback Height Construction Noise Illumination Siting Electrical Connections Proposal's Compliance with Reaulation A professional engineer licensed by the Commonwealth of Virginia must certify that the tower, blades, etc. meets the requirements of the Building Code and the Federal Aviation Administration, as well possesses the structural integrity to carry the weight and wind loads and have minimal vibration. The a licant has met this re uirement. Freestanding WECS outside of Residential zoning districts require 40,000 square feet plus an additional 20,000 square feet for each in excess of one. Thus, the applicant's proposal for four WECS requires 100,000 square feet (or 2.3 acres) of area. The subject parcel contains 20 acres; thus, this re uirement is met. Tower must be setback a distance equivalent to at least 110% of the height of the tower or the setback in the district regulations, whichever is greater. Since the total height of the tower is 60 feet, a setback of 66 feet is re uired. The a Iicant has met this re uirement. The height of a freestanding WECS is measured from the ground level to the highest point of the tower, including the greatest vertical extent of the blades, and cannot exceed the maximum height provided for the zoning district where the tower is located. The height of the applicant's proposed towers is well below the maximum height allowed in this instance, which is 1,800 feet or the height specified by the Federal Aviation Administration to ensure there is no obstruction to air navigation (the proposed height of the towers has been determined to not be an obstruction to air navigation). The minimum rotor clearance of freestanding WECS must be 25 feet above ground level. The rotor clearance of the applicant's proposal is a roximatel 48 feet. All freestanding towers must be of monopole construction, without guy wires or visible anchors. The a licant has met this re uirement. Highest level of noise generated by the system, as measured at any adjoining property line, cannot exceed an A-weighted decibel level of 55 dB A . The a licant has met this re uirement. No portion of a WECS can be illuminated unless required by the Federal Aviation Administration. The applicant has met this requirement, as there will be no illumination of this s stem. WECS must be situated on a site in a manner that minimizing shadowing and flickering effects on any adjacent property. In this case, the height and loeation of the towers combined with the orientation of the sun to this site will result in minimal shadowin and f1ickerin on ad'acent ro ert . All electrical controls, control wiring, and power lines must be located under round or otherwise hidden. The a Iieant has met this re uirement VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 2 Braking I by running all of the power and control lines underground to the adjacent tire stora e buildin , where the control and electrical anel is located. All WECS must be equipped with a redundant braking system that engages at wind speeds that the manufacturer specifies to minimize the potential for wind damage to the system of its supporting structure. The applicant has met this requirement, as the proposed system possess such a redundant brakin s stem. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is under development for the Pupil Transportation Services Maintenance Facility. SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: . Harpers Road · NAS Oceana (golf course and housing) / 1-2 Industrial District · Cultivated fields / AG-1 Agricultural District · Cultivated fields / AG-1 and AG-2 Agricultural Districts · Nonconforming residential uses and heavy commercial uses / B-2 Community Business District · Cultivated fields / AG-1and AG-2 Agricultural Districts Four buildings totaling132,OOO square feet of floor area and the associated parking areas and drives are being constructed on the site. There are also numerous innovative energy and renewable resource components integrated into the development, and upon its completion, the project will be submitted to the United States Green Building Council for LEED certification. IMPACT ON CITY SERVICES There are no significant impacts on City services resulting from the installation of four wind energy turbines on this site. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The applicant is developing the subject site for a pupil transportation (school bus) maintenance facility consistent with the plans submitted with a Conditional Change of Zoning approved by the City Council in VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 3 July 2008. The facility will contain four buildings totaling 132,000 square feet for vehicle maintenance and repairs, storage, bus wash and office space. Once complete, all of the existing pupil transportation operations will be consolidated at this one location. With an operation of this size, the use of supplemental sources of electric power is practical. Thus, the School Board is proposing the installation of four Wind Energy Conversion System (WECS) units on the site. The Zoning Ordinance allows two units to be located on lots zoned Industrial without a Use Permit (the subject site is zoned Conditional 1-1 Heavy Industrial). Since the School Board proposes four units, a Conditional Use Permit is required and is being sought. The proposed WECS units meet the requirements of Section 209 of the City Zoning Ordinance, which regulates Wind Energy Conversion Systems. Staff, therefore, recommends approval of this Use Permit request with the following conditions. CONDITIONS 1. The four (4) Wind Energy Conversion System units shall be located on the site in the location indicated on the submitted site plan, entitled "Conditional Use Permit Wind Energy Conversion Systems Site Plan, Pupil Transportation Maintenance Facility at Harpers Road, Virginia Beach City Public Schools, Sheet CUP-1," dated 08/07/09. 2. Each of the four (4) Wind Energy Conversion System units shall be of the type and meet the specifications indicated on the submitted plan entitled "Electrical Wind Turbine Details, Pupil Transportation Maintenance Facility at Harpers Road, Virginia Beach City Public Schools, Sheet E0004," dated 01/11/09. 3. As specified in Section 209(d) of the Zoning Ordinance, the WECS, including all associated equipment, shall be inspected every two (2) years to ensure compliance with the provisions of Section 209 and the conditions of this Use Permit. Said report shall be submitted to the Planning Director, and the first report shall be submitted prior to two (2) years after City Council approval of this Use Permit. 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. VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 4 NVld 8NI033S S1ClOH:lS ~l1sncl A.U::> H:N38 ~lOtM mott~l" J~na H)iO.,SNI'r S"lj o AlI110V::l30NVN3.LNIVVl NOI.LV.L~OdSN'Il:l.L lldnd ,,_"'....._.. _.,~____-.. ..,...................._......._._...JCJ'_., =...~:i~..~.. ~:.:.:;::-......~ , . :! w U j: !i ~~~ 0-0.... ZWU ~g;~ a~~ ~~~ ~:l!0 ;1;~~ E~~ 3l!l~ <!Jo-", ilJz", !li~~ o"'!li :ll~!z ~~~ "'....W ~E~ ;t~w c!zg lli!!!d "'wz ,.~;;; ~"'..:. ~"'!f !~~ M~ 0.00 l, ,/ /' / . Q ;; I ~ ~q I i ~ Ii ~D~~DID~~8 ! -: ~ :"j i ::;l .., >j l3" llJi!:~ ~~~ !15~ e~i owe z2W i~~~ ~i~~ ~9iw~ ..." 15 !12m Z o~~o ~5l:il~ w;.JG ~8~~ <I ",- . .;,....................,...-.,..... ....;...;..;.:.:.:-:.-.:-.-;.......;.:.:-,.:-.;.:-.:-. . ... ..................0......,........................... '. .~ I :".; ",..,.;:1 I I LO I ..... ..J ~ ~ ;, ~~ !. ~ ~i c , I ~ i I X 2 . I i ~ ..J Z o en w en o ll. a: ::> Q. C> Z C5 w w en a: o u. PLAN SHOWING LOCATION OF WECS VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 5 ~! ~ =Ii i~B ~II i.i sill 1 I . !~;, -1'~I- - - - - - - - -- - - - - - - - · ''''~.=O~i~':- - - r -'~ - -~-=-=--=::~ =-=?ik..~X-;:::.;:;-~-:;:~-...;:..x:....-;,;:;..----2..;:;~~~-~- __--..-:.__ .~~,-!~ ~'tr ;i1h '<'" __~j~~L________~~__________________~J~__________~_________ .~~~~~ ~l" h~B~ SITE PLAN SHOWING LOCATION OF WECS VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 6 "I BROCHURE DESCRIBING PROPOSED WECS (page 1) VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 7 T~hn~ISPeclfltation$ Rated CapacItv Rotor D\Imtttltt WeIght Swept Ar.. T_ ch' 2,4 1<\Ii 12h rtl ~n"'Ro~ Blad9. Rated Speed M~ Tip Sl>eed 2HlS l~h 1M ~Sk~~J,Mh'i'H~'W::>{::t"'t 'few Control Pa,~~.,.:~ Grid ~ BlItlery Ctultfllrlo t4 ~J~'i';l~i.$tl~ BrakIng s,atem C"Hn Wind Speed P '"roil, !.!i "'-"F Rated WInd Speed U", M<>fIitlHlnII "'f+ V'ln~AM:;::'t j">f;.iry'jf<'t{0'.1.,.t Survlvel Wind Speed '4n "'ph \\.1'3 W.-r.ntv ~ f~::lf)rr:~1md jd'M...t;l.r~t SHYSTR~AM 3.7" 2,4 KW RESIDENTIAL POWER APPLIANCE Take Control of Your Energy Needs Df~slgnnd for homH~ and smut! b.J~sn~s-S('~'S, the Skystn;o\am 3.7.> cmw~:,rts wmd into doan e;tl(~tric~i you can liSP, It's th~> f;r~t Gompart US'flr-fn-~md\y, .;\.\\~if1du~I\IH wind gt1nti"ator ~W!t~ r:ontrds and !ny~'!rtm bwlt in, dpS1gnnd to provido quint, doan {llnctric1y rn Vi."ry low wmos. Wrth a ratl!d cupacay of 2.4 kIN, Skystr<,,,m Gan provtdf' anywhN" from 40"'-90:'" of a hcus!'hold'5 or small bUSinfiSs'S tot<11 mk"9Y Ml!ds. And b"CdUSf1 rt op"ralus at a 'ow RPM, Skyst"'am ,s as g:.m't as thn tnms blowfng in the wind. POWER 2800 2<00 3 2000 "::' 1&00 ~ '200 ~ 800 400 0 ... 0 !t zn 33.5 44.15 60 67.1 0 5 '0 '5 20 25 30 Wind Speed MONTHLY ENERGY ~oo '" 800 !!'~ 100 l! '" llOO ~-soo ;s'& 400 c 'S 300 ~ 0 200 100 o ,.... ~~ M;: it; 10 n.:} 14:'i, l141l" 19 Z!:J lJ!'< 24... ,,) ;i.$'P 41<. 51> 6_~ n ~r, ~5 HH. !~ Average Annual WInd Speed FIVE YEAR WARRANTY .'AI. (E: Southwest Windpower 1801 W. Rout" 66 Flagstaff. AI. 86001 USA 928.779.9463 www.skystroam!,~m~rgy.(~vm MaKers 0' Skystmam 3 7' I AIR f Wh",!>", A :;>".;;,~. j +.I' ~ w ,: '.:><i-",'<; ;~.r:.,,, 'C)'<'~:}.$U;S'" "~~,~: .':~';"\r"':: ~\i ,. SUA-A,,;:' ~ .n ....N;..,.; BROCHURE DESCRIBING PROPOSED WECS (page 2) VIRGINIA BEACH SCHOOL BOARD Agenda Ite'l11 Page 8 I rnYJ3Q iJillllL'lJ. Q1lIi 'I'f.lIWm I ~i~"~~'~" n~~;u~ 0 ~~~'~~I'~~;~~~;';~l:f-~ \1 '1 el'C,;D ~l'J T":'l: ! R.",~ ;t;.;:: 't't; ::.rex: ~. ~ A""~I . (lin~'i ~ ~ ~~itaJ, c ~ """ '::w'$I!~ ~ ~ ~oc~..uofC4tY;"'l/I, OOl;INIIG'1OON'V'"t'N'I9OO'OWOS~.\.'" AJ.llI0....:1 3ONVN3.lNIWl NOU.....ll:lOclSNWllldnd ;! ~ ~Ur ~" ~ ;' _\J--4~~~ \ il~i r!~ \ ~!; ",f t ~ ~!! liH H .I ~. '\ I I I ~ 111 1J.! ,l J ~' '----' \ I I ,r],.4 [ , i II . i...-__ '-_____J I: !' ,) ! f . it.- Ii " II i:!1 ~. ~~ I, I j~: .. t!j (I it! i ~ ~ ~"r I ~, I! r", ,t ! ~ ~ ~ J~ if; II q 'I i. I !i.!; ~" ,r/ " ~: l! "'~ ~ I 'ilC' 'I ~!l i ~t!, ' · '~/:7"-11.: L...J" 1 ,.j.?'t \ ' L__.. L_____J ....i; Iii i .~ ';'~' ~~ ~..! !:.~ II I. I I l~. -'- ' -~--- I---------;!~-- "! , 10 ! \ , ~ f . ~ v i ~ ; i ! ~ ,t: t: !i:;;li;~;i;tF. $;y~~!.~~:~t I ~ l! li!i~ 11i!j ,{i5. 1..,1. .t;;i ~]~ ;~ h~,' ~m; t?"~ r~l~i k5, ~~ i~ ~i rl i~ : ,~ ~~; ~ii ~ ~. S lI. _~ .. ~~.~;E.~E';" I II II., 11 1,I;~id;!I!!I!;!i! Idll , !~; i Ii j ~ ~ ,. . j;: , ... If t f; ~; ~H+''-: . !..: ~1Cf;l\ I! k.~~~ ~-ir~ v ~ I I I~ :. ( I i - 1 ~t ~~ f.~ ~ i ,I .: ~ .:ti ~ $ tiT"" h \ { ItllT l' /1 I: i i I ',".it ",! 1 i ~. , .! 't l I: l"":l: , " I I !.i : ~'~i , i -----'-c.,--c-----"rr---J.' . III -:----";--1 , I~ '{! !~~ ,..-____.;.._+_...... / I - 'I~ l..__~__:.._-:_- . I f i" : ;.::::::~:!-~~-~-~----~-." i ~!! , ' ,I I h" !'! :U \. I I;! I !' ! I I '. -'- ~----:--k----T-~~ TECHNICAL DETAILS AND PLAN OF WECS VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 9 . w 0 z <( z W t- (j) Z ...J - 0 <( 0 I ~ () (j) cd () - z>- ...J III O~ ::> a.. --J ~S t-- <(0 t-<( I a::LL () <t: 0 W III c.. <t: - en z - z C) <( 0::: - a:: > t- -J c.. :::::> c.. RENDERING SHOWING WECS UNITS VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 10 { II ,- RENDERING SHOWING WECS UNllS VIRGINIA BEACH SCHOOL BOARD Agenda \tem ~ '\ page ~ '\ School Board for the City of Vir inia Beach ,.J' () .,1 .'1 1 .'1 CUP - for Wind Energy System 1. 2. 5/8/89 5/14/02 A roved Approved 3. 7/8/08 Approved ZONING HISTORY VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 12 I' I ') I DISCLOSURE STATEMENT 'J ! APPLICANT DISCLOSURE If the appUcant 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) School Board of the City of Virginia Beach (ATTACHED LIST) 2. List all businesses that have a parent-subsidiary 1 or affiliated busin~s entitl relationship wnh 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 fist ifnecessary) School Board of the City of Virginia Beach (ATTACHED LIST) 2. List all businesSes that have a parent-subsidiary' or affiliated business entitl relationship wnh the applicant: (Attach fist if necessary) o Check hete if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an bfficial or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? Conational Use PennilApp11callon Page 9 of 10 Revised713flOO7 z ~.." '--' t--I ~ < U ~ ~ ,:Lc ~ f-4 Si...... = ~ ,:Lc ~ en ;:::J .....:I. ".' < z o ...... F : ~ z o "....~ '. .~ I I VIRGINIA BEACH SCHOOL BOA.RD Agenda Item 11 Page 13 z o ........ .f-! ~ ::g ~ ~.'. -< !-C ~ ~ ~ ~ tI) t:::) ~ z o ...... ~. ~ ...... ~ z o u II DISCLOSURE STATEMENT , ADDITIONAL DISCLOSURES List illI known contractors or businesses that have or will provide services with respect to the requested pro'perty use, including but not Iimtted to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Dills Architects landMark Design Group PC Pace Coftaborative McKenzie Construction 1 .Parent-subsidiary relationship. means ua relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.. See Slate and Local Government Conflict of Interests Act, Va. Code fi 2.2-3101. Z "Affiliated businElss Elnlity rEllationship. means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in 1he other business entity, 00 a contra Ding owner in one entity is also a controlling owner in the other entity, or (iiij 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 samEl 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 othelWise share activities, resources ot 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. CERTIFI~A nON: I certify that the information contained herein is trt.e and accurate. I undelstand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaini~ and posting the required sign on the ~ property at least 30 days plior to the scheduled public hearing according to the instructions in this Il6Ckage. The unde' also consents to entJy upon the subject property by employees of the Department of Plan' to raph and vifm the site for purposes of processing and evaluating this application. ~LArz.J~ Print Name Property 0,Yner's Siglature (if different than applicant) Print Name Com:litlonal u~ Permit Application Page 10 of 10 ReVised 71311007 VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 14 J "-~) ! 2009 SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH ; Dianne P. Alexander, Cleric of the IIGatd (757) 263-1016 2512 George Mason Drive, P.O. Box 6038, V'll'9inia Beach, VA 23456-0038 Mr. Daniel D. "Dan" Edwards Chainnan ~ 1513 Bead1vlew Drfve Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto Vice-OIainnan P.O. Box 6448 Virginia Beach, VA 23456 717-3259 (cell) District 1- Centervllle 495-3551 (home) 495-9576 (fax) July 1, 1998 - December 31, 2012 dedwsco!bd@aol.com At-Large 418-G960 (cell) July 1, 2004 - December 31, 2012 sweet4sd'looJS@earthllnk.net Mr. William J. "Bill" Brunke, IV 222-3134 (office) District 7 - Princess Anne 4099 Foxwood Or., Suite 108 June 4, 2008 _ December 31,2010 286-2772 (cell) VIrgInia Beach, VA 23462 222-0782 (fax-office) WilIiam.Brunke@bn.J1kec.axn .\ Mr. Todd C. Davidson i 2424 Savannah Trail Virginia Beach, VA 23456 Mrs. Emma L. "Em" Davis 1125 Mlchaelwood Drive VIrginia Beach, VA 23452 . Mrs. Patricia G. Edmonson .' 576 N. Birdneck Road, 1190 . Virginia Beach, VA 23451 Mr. Dan R. Lowe 4617 Red Coat Road VIl'g1n1a Beach, VA 23455 At-Large 427-3330 (office) 285-9409 (cell) July 1, 2006 - December 31, 2010 430-2447 (fax-offlce) tcdavl@Verlzon.net District 5 -lynnhaven July 1, 2002 - December 31, 2010 340-8911 (home) edavls209@cox.net Disbict 6 - Beach 718-8463 (cell) July 1, 2006 - December 31, 2010 Patschcolboard@hotmail.com Disbict 4 _ Bayside 490-3681 (home) 490-3681 (fax) July 1, 1998 - December 31, 2010 drlowe2345@aol.com DISCLOSURE STATEMENT VIRGINIA BEACH SCHOOL BOARD Agenda Item 11 Page 15 I) 'i 2009 SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH ~, ;-) Dianne . AlllXlIndllr, aerk of II Board {751} 263-1016 2512 George Mason Drive, P.O. Box 6038, Vif1linia Beach, VA 23456-0038 Mr. Brent N. Mckenzie 1400 Brookwood Place Virginia Beach, VA 23453 Mr. Patrick S. Salyer 1741 Seaton Drive Virginia Beach, VA 23464 Ms. Sandra Smith-Jones 705 Rock Creek Court Vlrglnla Beach, VA 23462 Mrs. Carolyn D. Weems 1420 Oaudia Drive Virginia Beach, VA 23455 Dr. James G. Merrill Superintendent 2512 George Mason Drive Virginia Beach, VA 23456 Dlsbict 3 - Rose Hall 816-2736 (cell) January 1, 2009 - December 31, mckenzie.brent@gmall.com 2012 At-Large 620-2141 (cell) January 1, 2009 - December 31, patrick.salyer@usa.net 2012 District 2 - Kempsville July 1, 2004 - December 31, 2012 490-8167 (home) At-Large Seat 490-8167 (fax) July 1, 2000 - June 30, 2004 vote4smithjones@aol.com At-Large 464-6674 (home) July 1, 2002 - December 31, 2010 363-8281 (fax) carolyn4kids@Cox.net 263-1007 aSk"JJesuperintendent@vbschoo!s.com DISCLOSURE STATEMENT VIRGINIA BEACH SCHOOL BOARD Agenda Itell 11 Page 16 "I Item #11 Virginia Beach School Board Conditional Use Permit 1677 Harpers Road District 6 Beach September 9,2009 CONSENT Joseph Strange: The next matter is item 11. It's an application of Virginia Beach School Board for a Conditional Use Permit for a wind energy conversion system on property located at 1677 Harpers Road, District 6, at the Beach with three conditions. Tony Arnold: Good afternoon. For the record, I'm Tony Arnold, Director of Facilities for Virginia Beach City Public Schools. Weare comfortable with the conditions placed on the application, and appreciate being placed on the consent agenda. Thank you. Joseph Strange: Okay. Thank you. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. We are happy that the Virginia Beach City Council approved the Wind Energy Conversion S y~tem Ordinance Amendments yesterday evening, which allowed us to move forward with this application. The applicant requests a Conditional Use Permit to allow the installation of four 2.4 kilowatt wind energy conversion systems or wind turbines at the new, or currently being built, Virginia Beach Public Schools Pupil Transportation Services Maintenance Facility. Each wind turbine has three six-foot blades mounted on monopoles of 50 feet in height. The overall height is approximately 60 feet. The four turbines will be located on the rear of the site, spaced approximately 60 feet from each other. The Planning Commission is delighted to place this on the consent agenda for approval. We appreciate the efforts of the School Board on their green initiatives and their sustainable infrastructure. Joseph Strange: Thank you Jay. Madame Chairman, I make a motion to approve agenda 11. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE Item #11 Virginia Beach School Board Page 2 RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: Bya vote of 11-0, the Board has approved item 11 for consent. Janice Anderson: Thank you ROBERT ARNOLD CUP - Alternative Residential Development Relevant Information: · Princess Anne District · The applicant requests a Conditional Use Permit for an Alternative Rural Residential Development. · The" Alternative Rural Residential Development" option permits residential development at a greater density than permitted by-right, subject to the proposal meeting the provisions specified in the Comprehensive Plan for such developments. · The submitted plan shows three proposed lots with acreage of 5.21 acres, 4.80 acres, and 27.48 acres. · The applicant's 'by-right' development potential is two lots. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0-1) · There was no opposition. · Consent agenda. ~~~~>N~~:V.~~ ~ .. .... . ,,\\ (': l~ ..\,.... ~p ~..:: .."/1 ~ w "'''' ~..,Q .y ...............~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT ARNOLD, Conditional Use Permit, Alternative Residential Development, west side of Blackwater Road at its intersection with Shirley Landing Drive (GPIN 1398129745). PRINCESS ANNE DISTRICT MEETING DATE: September 22,2009 . Background: The applicant requests a Conditional Use Permit for an alternative residential development of three (3) parcels on property zoned both AG-1 and AG-2 Agricultural District. For the purpose of calculating density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel. Thus, this approximately 37-acre parcel could be developed by-right with two single- family dwellings. The "Alternative Residential Development" option, however, permits residential development at a greater density than permitted by-right, subject to the proposal meeting the provisions specified in the Comprehensive Plan for such developments. The applicant's proposal shows three proposed lots with acreage of 5.21 acres, 4.80 acres, and 27.48 acres. . Considerations: Section 405 of the Zoning Ordinance offers an alternative to the by-right development, provided that City Council awards a Conditional Use Permit. The alternative permits more dwellings if the development is consistent with all of the Comprehensive Plan's Rural Residential Guidelines, which are listed in the attached staff report. The maximum number of dwelling units permitted under the Use Permit alternative is based on the quality of the soils. Based on findings by the City's Department of Agriculture, the soils on the subject property yield a maximum of four lots under the Section 405 alternative. The applicant has proposed only three lots. This property is unique in that it is bordered to the west and south with property within the Agricultural Reserve Program (ARP). It was suggested by the Department of Agriculture that this site would be a good candidate for inclusion into the ARP; however, the applicant has decided not to exercise that option at this point. The submitted plan conforms to the majority of the guidelines of the Comprehensive Plan. One area of possible deficiency is that the applicant has not indicated an area on the submitted plan to be set aside in perpetuity. ROBERT ARNOLD Page 2 of 3 Condition 4, recommended with this Use Permit, requires the applicant to set aside such area. If one reviews the development patterns in the vicinity, the proposed dwellings complement the surrounding residential development pattern. A Conditional Use Permit was granted for an Alternative Residential Development in 1999 to the east, across Blackwater Road, for seven lots on 82 acres. The benefit of developing under the Alternative Rural Residential permit is that specific safeguards can be attached to the request to preserve the rural character and agricultural opportunities in the southern part of the City. 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 10-0 with 1 abstention to recommend approval to the City Council with the following conditions: 1. The final plat shall depict the three proposed parcels as depicted on the plan entitled "Preliminary Subdivision Plan of Parcel Number (GPIN) 1398- 12-9745," prepared by Mel Smith & Associates, dated May 22,2009. 2. The ingress/egress for the entire 37 acres shall be limited to two points along Blackwater Road. Easements necessary to provide legal, shared access shall be included and depicted on the final plat. 3. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a 50-foot wide, vegetative buffer shall be installed as depicted on the plan referenced in Condition 1 above. The first 25 feet of said buffer, closest to the adjacent agricultural field shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1% inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of 25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. 4. As a means of preserving and avoiding fragmentation of productive farmland, a legal instrument acceptable to the City Attorney's Office shall be recorded in order to set aside, in perpetuity, a portion of the 37-acre site for agricultural and open space uses. Said instrument shall be recorded prior to or in conjunction with the final plat and shall include a minimum of 20 acres of proposed parcel 1 containing the western-most ROBERT ARNOLD Page 3 of 3 portion of the site. 5. In order to ensure a continued sense of rural character, the architectural design of the proposed single-family dwellings shall reflect the rural vernacular style. Elevations shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. . 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 Departmen City Manager: ~~,g. \!~t ~, Map B-12 1"'0 f<<Jt io C;("".j~ ... \ ---1 -- -1, --I -.-:;- \ --~ " . - "...\.-- 8 / , --- r:l , August 12, 2009 Public Hearing .... APPLICANT & PROPERTY OWNER: ROBERT ARNOLD STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (alternative residential development) ADDRESS I DESCRIPTION: Property located on the east side of Blackwater Road, across from Shirley Landing Road GPIN: 13981297450000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 38 acres AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow development of the site for a total of three (3) residential parcels on property zoned both AG-1 and AG-2 Agricultural District. For the purpose of calculating density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel. Thus, this approximately 37-acre parcel could be developed with two single-family dwellings. The applicant, however, is pursuing a Conditional Use Permit under the "Alternative Rural Residential Development" option, which permits residential development at a greater density than permitted by-right, subject to the proposal meeting the provisions specified in the Comprehensive Plan for such developments. The submitted plan shows three proposed lots with acreage of 5.21 acres, 4.80 acres, and 27.48 acres. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped, cultivated fields, and woods SURROUNDING LAND North: · Single-family dwelling, cultivated field I AG-1 and 2 Agricultural ROBERT ARNOLD Agenda Item 8 Page 1 USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: Districts . Cultivated fields in ARP, single-family dwelling / AG-1 and 2 Agricultural Districts . Blackwater Road . Single-family dwellings, church, cultivated field / AG-2 Agricultural District . Wooded area in ARP / AG-1 and 2 Agricultural Districts The site is within the Southern Watersheds Management Area. A very small portion of the site has a creek running through it and there are limited amounts of 1 OO-year floodplain and land between the 100-year and 500-year floodplain. Approximately 2.60 acres of trees, which are recommended to remain intact, are located on the rear of Parcels 2 and 3. All of the development can be accomplished outside of these sensitive areas. The City's Department of Agriculture has reviewed the soil survey and report and found that based on the soil types, a total of four development units could be accommodated on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Blackwater Road is a rural two-lane highway, and this segment is not shown on the MTP map. There are no CIP projects in the site's vicinity. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Blackwater Road 1,500 ADT 1 12,000 ADT 1 (level of Existing land Use :l - 19 Service "D") ADT Proposed land Use 3 - 29 ADT , Average Daily Trips 2 as defined by 2 dwellings as allowed by-right under the AG zoning 3 as defined by 3 single-family dwellings WATER & SEWER: There is no City water or sewer service provided to this site. The proposed parcels would require approval for private drinking water wells and onsite sewage disposal systems from the Virginia Department of Health. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. Typically, this area is agricultural/rural with uses ROBERT ARNOLD Agenda Item 8 Page 2 related to farming, forestry, rural residential, and other rurally compatible uses. The Plan states that ".. .providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important" (page 161). The Plan calls for rural residential design to complement the rural setting, in terms of both parcel size and architectural style. Rural residential design should, "maximize the opportunity for agricultural, equestrian ad similar compatible rural activities as part of the residential development. Avoid fragmenting or dividing remaining farmland and open space into small lots" (page168). To assist in implementing the rural area planning objectives. the Comprehensive Plan provides Rural Residential Guidelines that are used to evaluate requests for increased residential density on properties zoned for agricultural use in the rural area of the City. These guidelines are listed below. 1. Subdivide residential lots on soils that possess the best drainage and water table characteristics using the minimum acceptable lot area necessary to achieve development objectives. 2. Illustrate the ultimate plan of development as well as anticipated development phases, if any. 3. Maximize the area of and avoid fragmenting remaining farmland and open space. 4. Locate protective buffers between proposed residential structures and abutting agricultural operations. These buffers should be at least 50 feet in width. The first 25 feet of such area adjacent to an on-going agricultural operation should be heavily planted with a mixture of grasses and low growing indigenous shrubs; and the second twenty-five feet of such area adjacent to the structure should be planted with a double row of trees with a minimum caliper of 1 % inches and should be centered no more than thirty feet apart. Such trees should consist of a mixture of deciduous and evergreen. 5. Whenever possible. plan developments on non-farmland. In those cases where development is proposed within existing tree cover, design the placement of buildings and driveways so as to save and protect as many trees and other significant environmental features as possible. 6. Minimize all access points along rural arterial roadways. 7. Provide flag lots, where warranted to advance the purpose of this plan, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent characteristics relating to the need for rural residential privacy and open space. Design appropriate widths for driveways serving flag lots. (e.g. fire truck access) 8. Provide longer distances for rural cul-de-sac streets than is otherwise permitted throughout the City. Locate roadway drainage ditches a sufficient distance from the edge of pavement to enable emergency vehicles to pass around road obstructions. 9. Provide greater streetlight separation distances than is otherwise permitted throughout the City. 10. Protect land for open space purposes through the use of a variety of legal instruments, such as deed restrictions, appropriate zoning classifications, protective easements or transfer to a stewardship agency (e.g. foundations or conservation groups), or through some other appropriate means. 11. Limit the annual rate of development so as to minimize burdens placed upon rural public infrastructure. ROBERT ARNOLD Agenda Item 8 Page 3 Section 405 of the Zoning Ordinance offers an alternative to the by-right development, provided that City Council awards a Conditional Use Permit. The alternative permits more dwellings if the development is consistent with all of the Comprehensive Plan's Rural Residential Guidelines as listed in the previous section. The maximum number of dwelling units permitted under the Use Permit alternative is based on the quality of the soils. Based on findings by the Department of Agriculture, the soils on the subject property yield a maximum of four lots under the Section 405 alternative. The applicant has proposed only three lots. This property is unique in that it is bordered to the west and south with property within the Agricultural Reserve Program (ARP). It was suggested by the Department of Agriculture that this site would be a good candidate for inclusion into the ARP; however, the applicant has decided not to exercise that option at this point. The submitted plan conforms to the majority of the provisions of the Comprehensive Plan. One area of possible deficiency is that the applicant has not indicated an area on the submitted plan to be set aside in perpetuity consistent with Item 10 above. An 82 acre parcel to the east was developed with seven lots in 1999. Wetlands comprise a large amount of the eastern and southern portions of that property. The entire wetland area (excluding a portion that was conveyed to the church) and a 50 foot buffer were protected by a recorded deed restriction. It is Staff's conclusion that the applicant intends to meet Item 10 by setting aside an area within this rural residential development that provides continued, long-term open space and agricultural opportunities. Condition 4, below, requires the applicant to set aside such area. If one reviews the development patterns in the vicinity, the proposed dwellings complement the surrounding residential development pattern. A Conditional Use Permit was granted for an Alternative Residential Development in 1999 to the east, across Blackwater Road, for seven lots on 82 acres. The benefit of developing under the Alternative Rural Residential permit is that specific safeguards can be attached to the request to preserve the rural character and agricultural opportunities in the southern part of the City. In sum, Staff concludes that the applicant has met the intent of the Comprehensive Plan and recommends approval of this request subject to the following conditions. CONDITIONS 1. The final plat shall depict the three (3) proposed parcels as depicted on the plan entitled "Preliminary Subdivision Plan of Parcel Number (GPIN) 1398-12-9745," prepared by Mel Smith & Associates, dated May 22, 2009. 2. The ingress/egress for the entire 37 acres shall be limited to two (2) points along Blackwater Road. Easements necessary to provide legal, shared access shall be included and depicted on the final plat. 3. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a minimum, a 50-foot wide, vegetative buffer shall be installed as depicted on the plan referenced in Condition 1 above. The first 25 feet of said buffer, closest to the adjacent agricultural field shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1 % inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of 25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. 4. As a means of preserving and avoiding fragmentation of productive farmland, a legal instrument acceptable to the City Attorney's Office shall be recorded in order to set aside, in perpetuity, a portion of the 37-acre site for agricultural and open space uses. Said instrument shall be recorded prior to or in conjunction with the final plat and shall include a minimum of 20 acres of proposed parcel 1 ROBERT ARNOLD Agenda Item 8 Page 4 containing the western-most portion of the site. 5. In order to ensure a continued sense of rural character, the architectural design of the proposed single-family dwellings shall reflect the rural vernacular style. Elevations shall be submitted to the Planning Director for review and approval prior to the issuance of the a building permit. 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. ROBERT ARNOLD Agenda Item 8 Page 5 AERIAL OF SITE LOCATION ROBERT ARNOLD Agenda Item 8 Page 6 ~ ~~ ~ ;- :i~ ~ II !~ c.w~)_~_~~~~iI~_!! i T----...--1~-.~--~- ..~." ,,7--\.____ · ~ "" .~ 't~ \ j: f ~; I . ,,;::'.. -. '! \ ..,t: : . . -. \ .. ~ J" ~ l' \ I l no"...., , 3 \ .,~ 1\ '. '.~ , .".~",' '\ ~ II .... i ::'"1#'111:-- . . ~,.,.., is!; ~ . -:~.:.,' , .-' . hI; .. C8t.. \. 8 C8tf(V~!~ 1-\ i L~I if \ i~ II lli -~ I \ ~ II \! ~' \ illl \ i '\ ! I . II ,1.1 \ i;.1 \ ~ I~ : Irl ," \ .I. L - - , b f~ _ B \ II 1\ .., , : J~ \ \ i , . I \ /\ ~ I \ : \ \ ! I Ie' - i ~ \ ~ \ II I ~ ; I ~~8 ~ '\ \ "I! ~ , .. ~ ~ I 11\ I \ I !ill'l___-I~---------.J II Z-..!!!!!f-. ~ ....... ,*I/'nI1 GIll - I:.. .. il I' hi, ~ I .. i I j i ; i ~ !l iI i I · ~ ~ Ii iii .' i ~ i WI' i i H ~ Li i i u ~ _ ~ I ~i~ ot.fu . u.~ !Ii . .. PROPOSED SITE PLAN ROBERT ARNOLD Agenda Item 8 Page 7 Robert Arnold ..1 IG" CUP - Alternative Residential Development 1 CUP (communications tower) Granted 2 09/15/00 CUP (riding academy, horses for hire Granted & boarding) 3 08/10/99 CUP (alternative residential Granted development) SUBDIVISION VARIANCE Granted 4 07/14/09 MOD (church addition) Granted 08/17/81 CUP (church) Granted ZONING HISTORY ROBERT ARNOLD Agenda Item 8 Page 8 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) / '\.) J .4 I 2 List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) ~/A 1 ~ 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) rvl / 1/ I I 2. List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) t\1/A 7 Il7f Check here if the property owner is NOT a corporation. partnership, firm, F business. or other unincorporated organization. , 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? Conditional Use Penn~ ApplicatIon Page 9 of 10 RevIsed 7/312007 z <=> I I H CJ I t . , =a-c ~ f-c ~ ~ =a-c ~ ~ ;::> ~ <=> I I f-c I . ~ Z <=> (...;) ROBERT ARNOLD Agenda Item 8 Page 9 z <=> I I ~ U I I ~ J:L.c ~ f-c ~ ~ J:L.c ~ CI"':) t:::::J ~ <=> I I f-c I I ~ o u '1 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) 1 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling ow ner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in detennining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for pUblic hearing. I am responSible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning tO~Photograph and view ~ site for purposes ot processing and evaluating this application. 'k " ,~}...~-r .4 r /1 ~ Ie/ Print Name Property Owner's Signature (it different than applicant) Print Name Conditional Use Permit Application Page 100110 Revised 7 J3J200 7 ROBERT ARNOLD Agenda Item 8 Page 10 Item #8 Robert Arnold Conditional Use Permit West side of Blackwater Road District 7 Princess Anne August 12, 2009 CONSENT Joseph Strange: The next matter is agenda item 8. An application of Robert Arnold for a Conditional Use Permit for Alternative Residential Development on property located on the west side of Blackwater Road and its intersection with Shirley Landing Drive, District 7, Princess Anne, with five conditions. Richard Whittemore: Good afternoon members of the Planning Commission. I'm Richard Whittemore. I'm appearing on behalf of the applicant Mr. Arnold. He has no objections to the suggestions and conditions proposed by the staff. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Al Henley to review this item. Al Henley: Thank you. The applicant requests a Conditional Use Permit to allow development of this site for a total of three (3) residential parcels on property zoned both AG-l and AG-2 Agricultural District. For the purposes of calculating density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel. Thus, this application of 37-acre parcel could be developed with two single-family dwellings. The applicant, however, is pursuing a Conditional Use Permit under the "Alternative Rural Residential Development" option, which permits residential development at a greater density than permitted by-right, subject to the proposal meeting the provisions specified in the Comprehensive Plan for such developments. The submitted plan shows three (3) proposed lots with acreage of 5.21 acres, 4.80 acres, and 27.48 acres. The Planning staff has looked at this thoroughly and has recommended approval. I may want to add that the applicant has also applied for an ARP application. What that means is Agriculture Reserve Program to continue farming in the rural community, and the applicant will of course wait on the decision of that application. Therefore, based on that, the Planning Commission has placed this on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madame Chairman, I make a motion to approve agenda item 8. Janice Anderson: A motion by Joe Strange and a second by Gene Crabtree. Don? Donald Horsley: Madame Chairman, for the record, I would like to abstain from item 8 because I farm that property. Item #8 Robert Arnold Page 2 "I Janice Anderson: Okay. Thank you. ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS LIVAS REDMOND RIPLEY RUSSO STRANGE AYE 10 ABS 1 ABSENT 0 NAY 0 AYE AYE AYE AYE ABS AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has placed item 8 for consent. Janice Anderson: Thank you. Thank you all for coming down that had a matter on the consent agenda. Carolyn Smith From: lent: fo: Subject: lois@viada.org Wednesday, August 12, 20097:57 AM Carolyn Smith Blackwater Rd and Shirley Road I encourage you to follow the guidelines previously established for these situations as it pertains to acreage requirements for building. The ARP program is a great opportunity to derive continued revenue and keep our open land producing much needed crops. Lois Keenan Violet Jensen Sent from my Verizon Wireless BlackBerry 1 WILLIAM AND MONA GRAINGER CUP - for Bulk Storage Yard Relevant Information: · Beach District · The applicant requests a Conditional Use Permit to allow a bulk storage yard for the purpose of storing raw materials used in the pre- cast concrete manufacturing facility located on the site. · The applicant has been operating a pre-cast business at this location since 1989. · The applicant, unaware of the requirement for a Conditional Use Permit, has been using the area west of the building as storage. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. "I ~1 N{~~!'_ 'f~ \~~.- .,] ~\.. ~// . o.,.'..J "'.........' ~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WilLIAM E. GRAINGER & MONA D. GRAINGER, Conditional Use Permit, bulk storage yard, 2432 Bowland Parkway. BEACH DISTRICT MEETING DATE: September 22,2009 . Background: The applicant requests a Conditional Use Permit to allow a bulk storage yard for the purpose of storing raw materials used in the pre-cast concrete manufacturing facility located on the site. The applicant has been operating a pre-cast business at this location since 1989. The applicant's building was permitted and constructed four years ago. The applicant, unaware of the requirement for a Conditional Use Permit, has been using the area west of the building as storage. Materials in the storage yard consist of items such as sand, rock, and gravel. The applicant intends on storing some finished products, which are wrapped and loaded on pallets prior to shipping. . Considerations: A solid fence, six feet in height, and landscaping will be installed around the storage yard. Seventy southern wax myrtles are proposed along the northern, eastern, and southern sides of the storage yard on the exterior of the proposed six-foot high fence. The applicant requests elimination of the required Category VI landscaping on the west side of the property, because this area currently is heavily treed. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent industrial community. Staff finds that the proposed and existing landscaping with fencing will provide sufficient screening for the proposed use. 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: WILLIAM E. GRAINGER & MONA D. GRAINGER Page 2 of 2 1. The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled, "Conditional Use Permit Exhibit for Cast Stone, Inc. Bulk Storage Yard" by NDI, L.L.C. and dated May 8,2009. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The storage yard shall have Category VI screening along the north, east, and south sides of the proposed yard except for necessary openings for ingress and egress and except where the yard is located directly adjacent to a building. 3. No outdoor storage of parts, equipment, or vehicles that are in a state of obvious disrepair shall be permitted. 4. The bulk storage yard shall consist of at least six-inches of aggregate stone and shall be delineated with curb stops or some other City-approved material to contain the aggregate on the site. 5. All trees located within the proposed tree preservation easement area, as identified on the site plan described in the above Condition 1, shall not be removed, destroyed, or damaged. If trees within this area are damaged or removed by natural causes, the applicant must submit a landscape plan to the Planning Department / Development Service Center for review and approval by the Planning Director or his designee. . 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 Departme City Manager: W 4. ~~*- fl. M.!t1,f!P," I~,. CLIP - ior Bulk Storage Yard .REQUEST: Conditional Use Permit (bulk storage yard) ADDRESS I DESCRIPTION: 2432 Bowland Parkway "I 2 August 12, 2009 Public Hearing APPLICANT I PROPERTY OWNER: WilliAM E. GRAINGER & MONA D. GRAINGER STAFF PLANNER: Leslie Bonilla GPIN: 14968936840000 ELECTION DISTRICT: BEACH SITE SIZE: 1 . 199 acres AICUZ: Greater than 75 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a bulk storage yard for the purpose of storing raw materials used in the pre-cast concrete manufacturing facility located on the site. The applicant has been operating a pre-cast business at this location since 1989. His new building was permitted and constructed four years ago. The applicant, unaware of the requirement for a Conditional Use Permit, has been using the area west of the building as storage. Materials in the storage yard consist of items such as sand, rock, and gravel. The applicant intends on storing some finished products, which are wrapped and loaded on pallets prior to shipping. A solid fence, six feet in height, and landscaping will be instal/ed around the storage yard. Seventy southern wax myrtles are proposed along the northern, eastern, and southern sides of the storage yard on the exterior of the proposed six-foot high fence. The applicant requests elimination of the required Category VI landscaping on the west side of the property, because this area currently is heavily treed. WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Manufacturing facility SURROUNDING LAND USE AND ZONING: North: · Manufacturing, office, and warehouse / 1-1 Light Industrial District · Manufacturing, office, and warehouse / 1-1 Light Industrial District . Bowland Parkway · Manufacturing, office, and warehouse / 1-1 Light Industrial District . Manufacturing, office, and warehouse / 1-1 Light Industrial District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is near the Chesapeake Bay Resource Protection Area. Chesapeake Bay Board approval is not required. Chesapeake Bay staff has indicated that streets (cul-de-sacs) to the north alter the drainage pattern thereby removing the headwater feature from the Resource Protection Area. There is an existing strand of mature trees along the western property line. There are, however, no other known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Bowland Parkway in front of this site is considered a two-lane cul-de-sac. Bowland Parkway is not shown on the Master Transportation Plan map. London Bridge Road in the vicinity of this site is a four-lane minor suburban arterial, with this segment shown on the Master Transportation Plan map as a divided roadway with a bicycle path in a 120-foot right-of-way. No CIP projects are in the vicinity of this site. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Bowland Parkway Unknown 9,900 AOT' (Level of Existing Land Use :l - 62 Service "0") AOT Proposed Land Use 3 - 62 London Bridge 27,800 ADT 30,600 ADT (Level of Road Service "0") , 2008 Average Daily Trips 2 as defined by 1.199 acres of general light industry 3 as defined by 1.199 acres of general light industry WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 2 WATER AND SEWER: This site is currently connected to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this site as part of Strategic Growth Area 9 - West Oceana. Strategic Growth Areas are designated to absorb most of the City's future growth, both residential and non-residential and, as such, are planned for more intensive uses than most other areas of the City. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent industrial community. Staff finds that the proposed and existing landscaping with fencing will provide sufficient screening for the proposed use. Staff, therefore, recommends approval of the request with the conditions listed below. CONDITIONS 1. The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled, "Conditional Use Permit Exhibit for Cast Stone, Inc. Bulk Storage Yard" by NDI, L.L.C. and dated May 8, 2009. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The storage yard shall have Category VI screening along the north, east, and south sides of the proposed yard except for necessary openings for ingress and egress and except where the yard is located directly adjacent to a building. 3. No outdoor storage of parts, equipment, or vehicles that are in a state of obvious disrepair shall be perm itted. 4. The bulk storage yard shall consist of at least six-inches of aggregate stone and shall be delineated with curb stops or some other City-approved material to contain the aggregate on the site. 5. All trees located within the proposed tree preservation easement area, as identified on the site plan described in the above Condition 1, shall not be removed, destroyed, or damaged. If trees within this area are damaged or removed by natural causes, the applicant must submit a landscape plan to the Planning Department / Development Service Center for review and approval by the Planning Director or his designee. WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 3 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. WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 4 I I I I AERIAL OF SITE LOCATION WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 5 f -II at It II c~ r-- 11~ i I i~; i I ~~ J I rrIB'~H~14ttLIUI ~I: i~ thnlhllllldllH! J I j I L 'p'lllS! II r;r:r~h i I !. jefldJ It~tl.il.l .,It IIfrl~ I tl1 i .... t IIIIlll!l'l< ri l" I ~ r ll1 \ \ \ j i ~ r . . :/t . t:l ~ I r ~ ! I '" I I . .:J J i I ... I~li 1 ~ I ! j \ l f- I ...- ~. - - _.- - -~-'/-- - . ~ , i ,/ ~ --- -."- - '\~_ _ __ _ __ - w- ~f , _~-I ~ . -. ....lll~ .":.= : Jt! ~ ~ " oj - .. ~~ PROPOSED SITE PLAN WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 6 Mo'1,!l'toIs;!,te CUP - for Bulk Storage Yard # DATE DESCRIPTION ACTION 1 3-28-00 Street Closure Granted 2 5-22-89 Conditional Use Permit Granted 3 1-28-03 Conditional Use Permit (tattoo & body piercing) Granted 2-26-02 Conditional Use Permit (tattoo & body piercing) Granted 4-24-89 Conditional Use Permit (tattoo & body piercinQ) Granted 4 1-23-96 Conditional Use Permit (communications tower) Granted 5-26-92 Conditional Use Permit (communications tower) Granted ZONING HISTORY WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 7 SURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporatron, partnership lirm busIness Of other organization cornpiete the follow'ing 1 Ust the applicant name foUowed by the names 01 ad officers menlbers trustees partners etc below (Attach list If Willram E Grarnger & Mona D GraInger husband and Wife 2 Ust a!l busmesses that have a parent-subsldiari or relationship with the applicant (AUBel) list If necessat);J busmess X Check here if the applicant!$ NOT a corporahon partnership firm other unincorporated organlzatlon or PROPERTY OWNER DISCLOSURE Complete ttlls section only If property owner IS dIfferent from applicant If the property owner IS a corporation, partnershIp firm, bUSiness or other umncorporated orgafHzatlClf'1, complete the follOWing 1. LIst the property owner name followed by the names of a!! members trustees, partners etc below (Attach itst If necess,r.ry) I :2 List all bUSinesses that have a parent-subsfdmry' or affiliated bUSiness entJty: relationship wrth the apphcant (Attach list If necessary) o Check here if the property owner is NOT a corpora!icm or other unincorporated orgarllzatlon finn bUSiness p;:;::Je 1'/' APt. z o t ( ~ C :) ) . ~ ("). ~ I · ~ ~ PI ~ ;::J ~ o t f I t ) I ~ Z o ~L:) DISCLOSURE STATEMENT WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 8 z o I I ~ U I I ~ ~ ea r-c ~ ~ ~ CI:) ~ ~ o I I r-c I I ~ Z o u "I DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services, real estate services. finanCial services. accounting services. and legal services (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. NDI, LLC/Basgier & Associates Division 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the votmg 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 ;s 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 CERTIFICA TION: I certify that the information contained herein IS true and accurate I understand thaI upon receipt of notificallon (postcard) that the applicallon has been scheduled for publiC hearing. I am responsible for obtaining and posting the required sI9n on the subject property at least 30 days pnor 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 PhotOtaPh and vie: the site tor purposes of processing and evaluating thIS application ~ ~}Z' \'[(I,}\yU. William E. Grainger plicant's Signature Pnnt Name i f Property Owners SIgnature (if different than applicant) Pnnt Name Condrtoooal Use Perm.t Apphc.allOfl Page fO 01 10 ReVised 7/3/2007 DISCLOSURE STATEMENT WILLIAM E. GRAINGER & MONA D. GRAINGER Agenda Item 2 Page 9 Item #2 William E. Grainger & Mona D. Grainger Conditional Use Permit 2432 Bowland Parkway District 6 Beach August 12,2009 CONSENT Janice Anderson: The next group items that we are going to address today are those matters that have been placed on our consent agenda. Our Vice Chair, Joe Strange, will be handling those items for us. Joseph Strange: Thank you. This afternoon we have six items on the consent agenda. The first matter is agenda item 2. An application of William E. Grainger & Mona D. Grainger for a Conditional Use Permit for a bulk storage yard on property located at 2432 Bowland Parkway, District 6, at the Beach with five conditions. Is there a representative on this application? Eddie Bourdon: Thank you Mr. Strange. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicants. We appreciate being on the consent agenda. All conditions are acceptable. Joseph Strange: Alright. Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Jay Bernas to review this item. Jay Bernas: The applicant is requesting a Conditional Use Permit to store raw materials used in the pre-cast concrete manufacturing facility located on the site. They have been there since 1989 and they were unaware ofthe requirement to get a Conditional Use Permit. They would like to store items such as sand, rock, and gravel. This proposal is conformance with the Comprehensive Plan, and is compatible with the adjacent industrial community. The proposed and existing landscaping with fencing will provide sufficient screening. Therefore, the Planning Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I make a motion to approve agenda item 2. 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 KATSIAS AYE Item #2 William E. Grainger & Mona D. Grainger Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has placed item 2 for consent. M. APPOINTMENTS: AGRICULTURAL ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD HEALTH SERVICES BOARD HISTORICAL REVIEW BOARD N. UNFINISHED BUSINESS 11 III O. NEW BUSINESS P. ADJOURNMENT COMMUNITY SUMMIT MONDAY, OCTOBER 5,2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C CITY COUNCIL REVIEW OF COMMUNITY SUMMIT TUESDAY, 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 9/22/09gw www.vb~ov.com "I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V ( DATE: 09/08/09 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 I1A BRIEFINGS: VABEACHEARLYCHrrDHOOD Martha J. Sims, A Systems Approach to Serving Director, Libraries Prenatal to Five Year Olds Jenefer Snyder, Ready to Learn Coordinator B SANDBRIDGE SAND FENCES Dave Hansen, Deputy City Manager IlIDIIIV / CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI-E SESSION F-l MINUTES 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAUFORMAL SESSIONS APPROVED August 25, 2009 GH-I PUBLIC COMMENT I 2010 COMMUNITY LEGISLATIVE NO SPEAKERS AGENDA I-I PUBLIC HEARING: LEASE OF CITY PROPERTY NO SPEAKERS New Cingular Wireless - Tower 6009 Blackwater Road 2 CONSTITUTION DRIVE NO SPEAKERS Condemnation of Property 1/K-I Ordinance to AUTHORIZE Non-Binding ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Term Sheet with Hi-Sea, LLC CONSENT 2 Ordinance to AUTHORIZE acquisition of ADOPTED BY 10-1 Y N Y Y Y Y Y Y Y Y Y r-o-w for Constitution Drive CONSENT E:ltendedlby agreement or condemnation 3 Ordinance to AUTHORIZE the Lease ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y with New Cingular Wireless PCS re CONSENT wireless telecommunication at Fire Station No. 13, 6009 Blackwater Road CITY OF VIRGINIA BEACH SUMMARY OF COUNCHACnONS V I DATE: 09/08/09 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 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 4 Ordinance to AUTHORIZE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portion of City r-of-w CONSENT for CONSTANCE P. LOSCHI LIVING TRUST pier/ramp/mooring piles on Island Lake at 2413 Broad Bay Road DISTRICT 5 -LYNNHAVEN 5 Ordinance to GRANT a Franchise to ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y Virginia Beach Horses re guided horse CONSENT ridin~ tours on the Beac 6/a Ordinances to APPROPRIATE: ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y CONSENT $152,179 to Housing and Neighborhood Preservation re housing subsidies for Veterans b $61,000 to Kempsville Rescue Squad, Inc. for interest-free loan re replacement ambulance 7/a Ordinances to ACCEPT/APPROPRIATE ADOPTED BY ll-O Y Y Y Y Y Y Y Y Y Y Y Grants: CONSENT $122,700 to Libraries from SBSHR/$5,OOO from Friends of the Library re Ready to Learn b $83,240 to the Police from DMV re Seat Belt Law enforcement c $80,596 to Police from the DMV re DUI enforcement L-l Variance to ~4,4(b) of Subdivision APPROVED/ Il-O Y Y Y Y Y Y Y Y Y Y Y Ordinance that all lots meet CZO for CONDITIONED MICHAEL K. ETHERIDGE, SR. re BY CONSENT parcels West of North Lynnhaven Road/Congress Street - L YNNHA VEN DISTRICT 2 RAVE SOCCER COMPLEX, APPROVED/ ll-O Y Y Y Y Y Y Y Y Y Y Y Modification of Condition No.2 (approved REVISED March 23, 2004)/ADD new condition re CONDITION indoor soccer at 2949 Shipps Comer Road NO.5 - BEACH DISTRICT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 09/08/09 L PAGE; 3 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 CRICKET COMMUNICATIONS, INC. APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions Nos. 2/3, CONDITIONED (approved November 22, 20051May 26, BY CONSENT 2009) for a communications tower at 1000 North Great Neck Road - L YNNHA YEN DISTRICT 4 USA NATIONAL KARATEDO APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y FEDERATION OF V A., INC. CUP re an CONDITIONED martial arts school at 600 North BY CONSENT Witchduck Road - BA YSIDE DISTRICT 5 REBKEE COMPANY Qll; from 0-1/R- APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y y 20 to Conditional B-2 re office/retail at CONDITIONED 2236/2240 General Booth Boulevard - BY CONSENT PRINCESS ANNE DISTRICT 6 SEVEN CITIES ELECTRIC, INC. COZ DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y from R-5D/Conditional B-1 re office INDEFlNITEL Y, development at 1945 Centerville Turnpike BY CONSENT - (Deferred April 28, 2009) - CENTERVILLE DISTRICT 7 CITY OF VIRGINIA BEACH Ordinance ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y to ESTABLISH zoning regulations re ALTERNATE Wind Energy Systems (Deferred August ORDINANCE, II, 2009) BY CONSENT M APPOINTMENTS B Y C 0 N S E N S U S AGRICULTURAL ADVISORY COMMmEE HEALTHSERV~ESBOARD BOARD OF ZONING APPEALS - BZA Appointed J. 11-0 y Y Y Y Y Y Y Y Y Y y Randolph Sutton 5 YearTenn 1/1/10-12/31/14 CHESAPEAKE BAY PRESERVATION Appointed 11-0 Y y Y Y Y Y Y Y Y Y Y ADVISORY BOARD Richard G. Poole 3 YearTenn ; 1/1110-12/31/12 I CITY OF VIRGINIA BEACH SUM~RYOFCOUNCUACnONS V I DATE: 09/08/09 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 HISTORICAL REVIEW BOARD Appointed - 2 11-0 Y Y Y Y Y Y Y Y Y y y Year Tenns 11/1/09-10/31/11 John M, Baillio Lynn W. Carwell Edgar E, Delong Barbara 1. Ferguson William M. Walsh, Jr. N/O/P ADJOURNMENT 6:50 PM PUBLIC COMMENTS ONE SPEAKER Non-Agenda Items 6:51-7:03 PM COMMUNITY SUMMIT MONDAY, OCTOBER 5,2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C CITY COUNCIL REVIEW OF COMMUNITY SUMMIT TUESDAY, 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