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JANUARY 14, 2003 AGENDACITY COUNCIL dAMES K SPORE Or3 Manager LESLIE L LILLE¥ Ctry Attorney RUTH HODGES SlX/TH ~TvlC ( iv, ( lerk City of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA January 14, 2003 }IRGIN1A BEACH [ IRGI¥1A 23456 8005 PHONE (757) 427~$03 F~ (757) 426 5669 E MAIL Cttcncl~vbgov corn CITY MANAGER'S BRIEFINGS A Hampton Roads Economic Development Alhance Donald V Jelhg, Chanman Jones Hooks, President B Sandbndge Road Comdor Improvements E Dean Block, D~rector - Pubhc Works C Transition Area Master Plan Robert J Scott, Dtrector- Plarmlng - Conference Room - 1 00 PM II REVIEW OF AGENDA ITEMS III CITY COUNCIL COMMENTS IV INFORMAL SESSION - Conference Room - 4 30 PM A B C CALL TO ORDER - Mayor Meyera E Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION V FORMAL SESSION - Council Chamber - 6 00 PM A B CALL TO ORDER - Mayor Meyera E Obemdorf INVOCATION Reverend Walter WhJtehurst Assocmte Pastor - Chanty United Methodist Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES INFORMAL AND FORMAL SESSIONS January 7, 2003 G AGENDA FOR FORMAL SESSION H ORDINANCES Ordinances to AMEND the City Code § 2-15 to provide for Mayoral, City Council and School Board Eiect~ons to take place on the First Tuesday m November b § 36-172 re ~ncrease taxicab fares from $0 20 per 1/8 mile ($1 60 per mile) to $0 23 per 1/8 mile ($1 84 per mile)and increase the Waiting Fee from $0 20 per minute ($12 00 per hour) to $0 23 per minute ($13 80 per hour) C § 2-7 and 2-451 re Boards, Commissions and Conumttees setting forth the purpose of the duties and appointment of the Volunteer Council Coordinator 2 Ordinance to AWARD a Lease to CROWN CASTLE GT COMPANY, LLC re teleeommumcatlons facdltles to be located on a portmn of City-owned property at on Elbow Road m the City of Chesapeake 3 Ordinance to AUTHORIZE $150,000 from retained earmngs for the purpose of replacing the Wide Area Network (WAN) telecommumcatlon services and equipment 4 Ordinance to APPROPRIATE $63,606 additional Community Development Block Grant revenue to the FY 2002-03 operating budget of the Department of Housing and Neighborhood Preservation for CDBG eligible programs J PLANNING ApphcatlonsofHARBOURDEVELOPMENTCORPORATION, L L C atNorthLanding and West Neck Roads, containing 65 1 acres (DISTRICT 7 - PRINCESS ANNE) a Change ofZonmg Dtstrtct Classlficatton from AG-1 and AG-2 Agricultural to Conditional R-30 Residential re s~ngle family lots no less than 30,000 sq ft b Con&t~onal Use Permit re Open Space C Variance Appeal re certain elements of the Subdivision Ordinance, Section 4 4('0), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce reqmred street width Deferred Staff Recommendation Planmng RecommendaUon July 9, August 13 and October 8, 2002 DEFER to February 4, 2003 INDEFINITE DEFERRAL 2 Apphcatlon of HERON RIDGE PROPERTIES L L C for a Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District on Seaboard Road and Heron Ridge Lane, contmnmg 6 2I acres m the Transition Area (DISTRICT 7 - PRINCESS ANNE) Deferred Recommendation December 10, 2002 APPROVAL 3 Apphcatlon of LYNNDUNES, INC for a Chanze Of Zontne from B-4 (SD) Resort Commercial wath a Shore Drive Comdor Overlay to A-42 Apartment with a PD-H 2 Overlay on the south side of Page Avenue west of Jade Street (3232 Page Avenue), contmmng 38,986 square feet (DISTRICT 6- BEACH) Recommendation APPROVAL 4 Appllcatlon of MICHAEL V POLAK of Con&ttonal Use Permtt re a home occupation (gunsmithmg - repair of firearms) at Damascus Trail and Holland Road (3064 Damascus Trail) contatmng 7, 613 square feet (DISTRICT 7 - PRINCESS ANNE) Recommendation APPROVAL K 5 Apphcation of MARGARET G PATSEL for a Condttzonal Use Permzt re a horse boarding facd~ty at Crags Causeway south of Baum Road (6316 Crags Causeway) containing 47, 727 square feet (DISTRiCT 6- BEACH) Recommendation APPROVAL 6 Apphcat~on ofTBJ, LLC a Conditional Use Permit re three (3) multl-famdy residential units at Page Avenue and Jade Street (3232 Page Avenue) containing 1,175 square feet (DISTRICT 6- BEACH) Recommendation APPROVAL 7 Application of OCEAN FRIES, INC for a Con&tional Use Permit re an eating and dnnkmg estabhshment at Atlantic Avenue and 23~ Street (2222 Atlantic Avenue) containing 1, 175 square feet (DISTRICT 6- BEACH) Recommendation APPROVAL APPOINTMENTS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION (RAC) VOLUNTEER COUNCIL L M N Agenda 01 / 14/03/bib www vbgov eom UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT If you are physically disabled or 'nsually impaired and need ~mstance at thru meeting plebe call the C1TY CLERK'S OFFICE at 427 4303 Hearing impaired call TDD only4274305 (TDD Telephomc Device for the Deaf) CITY MANAGER'S BRIEFINGS - Conference Room - 1 00 PM A Hampton Roads Economm Development Alhance Mr Don Jelhg, Chanman Mr Jones Hooks President B Sandbndge Road Comdor Improvements Briefing Dean Block, D~rector Pubhc Works C Transition Area Master Plan Briefing Bob Scott -Dtrector Planmng REVIEW OF AGENDA ITEMS CITY COUNCIL COMMENTS IV INFORMAL SESSION - Conference Room - 4 30 PM A B C CALL TO ORDER - Mayor Meyera E Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION V FORMAL SESSION - Council Chamber ~ 6 00 PM A B CALL TO ORDER - Mayor Meyera E Obemdorf INVOCATION Reverend Walter Wh~tehurst Assocmte Pastor - Chanty United Methodist Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES INFORMAL AND FORMAL SESSIONS Januar5 7, 2003 G AGENDA FOR FORMAL SESSION H ORDINANCES 1 Ordinance to AMEND the City Code a § 2-15 W provide for Mayoral, City Councd and School Board Elections to take place on the First Tuesday in November b § 36-172 re increase taxicab fares from $0 20 per 1/8 mile ($1 60 per mile) to $0 23 per 1/8 mile ($1 84 per mile)and increases the wmtmg fee from $0 20 per minute ($12 00 per hour) to $0 23 per minute ($13 80 per hour) C § 2-7 and 2-451 re Boards, Commissions and Committees setting for the purpose of the Volunteer Council, duties and appointment of the Volunteer Council Coordinator Orchnance to AWARD a Lease to of CROWN CASTLE GT COMPANY, LLC re telecommunications facd~tles to be location on a portion of city owned property at on Elbow Road in the C~ty of Chesapeake Ordinance to AUTHORIZE $150 000 from retmned earmngs for the purpose ofreplaclnl the Wide Area Network (WAN) telecommumcatlon services and equipment 4 Ordinance to APPROPRIATE $63,606 of additional Community Development Bloc] Grant revenue to the FY 2002-03 operating budget of the Department of Housing and Neighborhood Preservation for CDBG eligible programs CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance to Add Secbon 2-15 of the C~ty Code to Prowde for Mayoral, C~ty Councd and School Board Elecbons to Take Place on the First Tuesday m November MEETING DATE January 14, 2003 Background Local elechons Jn V~rgmla Beach are currently held ~n May, wh~le state and national elecbons are held ~n November Wh~le the C~ty Charter provides that elect~ons of the Mayor, C~ty Council and School Board are to be held ~n May, a V~rg~ma Code prows~on which supersedes the Charter allows C~ty Council and School Board members to be elected at the November general elect~on ~f the governing body so prowdes by ordinance In such a case the terms of those elected beg~n on January 1 following the November elecbon Cons,derat~ons H~stoncally, voter turnout ~s greater at November elect~ons and there would be a considerable cost savings ~n holding only one elecbon for local, state and national officials Mayor Oberndorf has requested that the proposed ordinance be brought forward for cons~derabon by the City Council The proposed ordinance would change the date of election of the Mayor C~ty Council members and School Board members from May to November commencing m 2004 Elecbons to be held under current law m May 2004 would ~nstead be held m November 2004 As a trans~bon measure recumbents whose terms would otherwise expire as of June 30 2004 would remain ~n office unbl their successors elected ~n November 2004 take office on January 1 2005 Pubhc Information The subject of November elecbons of C~ty Counctl and School Board members has the subject of considerable pubhc d~scuss~on Alternat,ves The present system of May elecbons may be retained ~f the C~ty Council so desires · Attachments Ordinance Recommended Action Subm~tbng Department/Agency Requested by Mayor Meyera E Oberndorf C~ty Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Requested by Mayor Meyera E Oberndorf AN ORDINANCE TO ADD SECTION 2-15 OF THE CITY CODE TO PROVIDE FOR MAYORAL, CITf COUNCIL AND SCHOOL BOARD ELECTIONS TO TAKE PLACE ON THE FIRST TUESDAY IN NOVEMBER SECTION ADDED ~ 2-15 WHEREAS, the continued success of a democratmc government depends upon the participation of the cmtlzens in the democratic process, and WHEREAS, government functions best when there is a high degree of participation by cltmzens mn electing government officials, and WHEREAS, voter turnou% has historically been greater at November elections than at May electmons and WHEREAS, mt is the sense of the City Councml that voter partzcmpatlon in mayoral, City Counczl and School Board elections would be increased by holdmng such elections mn November, rather than mn May, and WHEREAS, voter turnout in Virginia Beach, as well as in the City of R~chmond and other Vmrglnla localltmes at the November, 2002 electzon slgnlfzcantly exceeded voter turnout at the May, 2002 elections, thus reflecting hmstorlcal trends, and WHEREAS, fmnancmng the cost of one electmon ms slgnmflcantly less than the cost of flnancmng two elections, and 24 25 26 27 28 2~ 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, ~lrglnma law provides that, notwithstanding any contrary charter provmslon, the governing body of a city may provide, by ordmnance, that the Cmty Council shall be elected at the November general electmon for terms to commence the following January 1, and the WHEREAS, it ms the desire of the City Council to facmlltate exercmse by its citizens of their rmght to vote NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF %!RGINIA BEACu, VIRGINIA That Artmcle II of Chapter 2 of the Code of the Cmty of Vlrglnma Beach, Vmrgznla, is hereby amended by the addltmon of a new Section 2-15, to read as follows Sec 2-15 (al ARTICLE II CITY COUNCIL DIVISION 1 GENERALLY Election of councllme~ers, mayor, and school board me~ers at Nove~er qeneral electlon SubTect to the Drovlslons of subsectmon (d) hereof, and notwmthstandmnq any contrary provision of law, special or qeneral, there shall be a qeneral electmon on the fzrs5 Tuesday mn November, 2004, and on the first Tuesday in November in even years thereafter, of councmlmembers whose terms expmre at the end of December that year The term of office for each councmlmember shall commence on January 1 next followlnq the date of the November 47 electron and shall continue untml hms or her successor has been 48 auly elected and qualified 49 (b) The mayor shall be elected at the General electmon on the 50 first Tuesday mn November, 2004, and each fourth year thereafter 51 The mayor's term of office shall commence on JanuarV 1 nex~ 52 followmng the date of the November election and shall contmnue 53 untml his or her successor has been duly elected and qualified 54 (c) Sublect to the provmsmons of subsectmon (d) hereof, and 55 notwlthstandmnG any contrary provmsmon of law, specmal or qeneral, 56 there shall be a qeneral electmon on the fmrst Tuesday in November, 57 2004, and on the first Tuesday in November in even years 58 thereafter, of school board members whose terms expmre at the end 59 of December that year The term of offmce for each school board 60 member shall commence on January 1 next followlnq the date of the 61 November election and shall contmnue untml hms or her successor has 62 63 64 65 66 67 68 69 been duly elected and quallfmed (dl Councmlmembers, the mayor, and school board members whose terms exD~re as of June 30, 2004 shall contmnue mn offmce until themr successors have been elected at the November, 2004 General electmon and have quallfmed to serve (e) ExceDt for the chanqes to the date of electmons and correspondmnG changes mn the terms of off~ce establmshed mn thms section, all other provms~ons of the C~ty Charter relating to the 3 7O 71 72 73 74 75 76 77 78 79 8O election of councl!members, the mavor, and school board members shall remamn mn effect COMMENT V~rglma Code § 24 2-222 1 authorizes locaht~es to change the date of elections for Cit) Counc~lmembers, the Mayor and School Board members trom May ~o November The pro~s~ons of that statute overr~de an~ contrar} prov~smns ofla~, ~nclud~ng the C~ty Charter The proposed ordinance would change the electron date for the Mayor, Cltv Council members and School Board members from May to November, commencing in 2004 Elect~ons to be held under current law ~n May, 2004 would instead be held m November, 2004 As a transition measure, recumbents whose terms would otherwise expire as of June 30, 2004 would remain ~n office unnl their successors elected ~n November, 2004 take office on .lanuar~ 1, 2005 81 82 Adopted by the Councll of the Cl~y of V~rgznma Beach, V~rgmn~a, on ~he __ day of 2003 CA-8684 wmm\ordres \02-015ordzn wpd R-2 December 31, 2002 APPROVED AS TO LEGAL SUFFICIENCY C~z_W/At t o ~-6e y~ 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance to Amend and Reorda~n § 36-172 of the Code Pertaining to Maximum Rates for Tax,cabs MEETING DATE January 14 2003 · Background On August 22 2002, the C~ty received a fare increase request from four local cab compames Th~s request was based on local compames concerns that V~rg~n~a Beach s rates were Iow regionally and were not ~n keeping w~th pnce level ~ncreases ~n gas, ~nsurance, and auto repairs The cab compames requested the C~ty Councd consider increasing the current fare structure from $1 60 per mde ($0 20 per 1/8 mde) to $1 75 per rode (approximately $0 22 per 1/8 mde) They also requested an increase m the wa~t bme charge from $12 00 per hour ($0 20 per minute) to $15 00 per hour ($0 25 per minute) · Considerations The new fare level proposed by C~ty Staff and outhned below would put V~rgm~a Beach on par w~th Chesapeake and Portsmouth and would allow eas~er reprogrammlng of tax~meters Th~s proposed fare structure offers a higher m~leage rate than was requested but would also result ~n a lower wa~tmg rate than was requested · Publ,c Information Adverbsement of rate change ~n the Beacon no later than December 28 2002 scheduling the required Public Hearing on January 7 2003 Recommendations Based on the StafFs rewew of rates ~n ne~ghbonng South Hampton Roads c~bes the price level trends for gas auto ~nsurance, and repair costs Staff ~s recommending an ~ncrease m the C~ty s rates to maintain regional panty and accommodate h~gher operahng costs The V~rgm~a Beach fare structure should be increased from $0 20 per 1/8 m~le ($1 60 per m~le) to $0 23 per 1/8 m~le ($1 84 per m~le) Additionally the wa~bng fee should be increased from $0 20 per minute ($12 00 per hour) to $0 23 per minute ($13 80 per hour) · Attachments Ordinance Recommended Action Approval Submitting Department/Agency C~ty Manager City Manager(~~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND AND REORDAIN SECTION 36-172 OF THE VIRGINIA BEACH CITY CODE PERTAINING TO MAXIMUM RATES FOR TAXICABS SECTION AMENDED ~ 36-172 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Section 36-172 of the City Code to read as follows 36-172 Maximum rates for taxicabs ms hereby amended and No person owning, operating, controlling or driving a within the city shall charge an amount to exceed the That reordalned Sec (a) taxicab For the first one-eIghth of a mile or fraction thereof following rates of fare (1) $1 75 (2) For each succeeding one-eighth of a mile or fraction thereof 0 20 0 23 (3) Trunk charge 0 50 (4) For each mmnute of waiting time 0 20 0 23 If hired on an hourly basis, the rate of ................ thirteen dollars and elahtv cents ($13 80) per hour shall apply (b) Notwithstanding the provisions of this section, taxicabs bringing passengers into this city from without the city shall charge the rates prescribed by the city or county in which they are licensed 27 28 29 3O 31 32 33 34 (c) Any application for a fare increase under ~hls section shall lncluGe ]us~mf~zatzon for such fare increase and sush fz~ancla! and operating ~nforma~lon as may be requested b~ the c~t) manager The czty counczl shall hold a publls hearzng before acting on any sucn applzcatzon for a for a~ least ten (10) days fare increase, after public Fsi.ce COMMENT Th~s amendment ~ncreases tax~cab fares trom $0 20 per 1/8 m~le ($1 60 per n. le) to $0 23 per 1/8 m~le ($1 84 per male) Additionally th~s amendment ~ncreases the wa~tmg ~ee ~rom $0 20 per minute ($12 00 per hour) to $~ 23 per minute ($13 80 per hour) 36 Adopted by the Councml of the Cltp of Vmrgznza Beach, 37 Virginia, on the day of , 2003 CA-8691 da~a \proposed\ 36- 172 kord wpd January 8, 2003 P-3 APPROVED AS TO CONTENT Cl~y Ma~ager APPROVED AS TO LEGAL SUFFICIENCY ~ . ~ ~l~ ~t~orpey s Off~ce CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Ordinance to Amend the C~ty Code by Adding a New Section 2-7 Pertaining to the Volunteer Council Coordinator and Amending Sechon 2-451 Pertaining to Boards Commissions and Committees MEETING DATE January 14, 2003 Background Currently the City's Volunteer Councd Coordinator is listed as a C~ty Board m City Code Secbon 2-451 thereby subjecbng the Coordinator to the terms hm~ts apphcable to Board members Cons,derat,ons The proposed ordinance sets forth the purpose of the Volunteer Councd and dubes of the Volunteer Councd Coordinator and prowdes that the Volunteer Councd Coordinator ~s appointed by, and serves at the pleasure of the C~ty Council The ordinance also deletes the Volunteer Councd Coordinator from the I~st of C~ty Boards As a result ~f the proposed ordinance is adopted the Coordinator would no longer be subject to terms I~m~ts apphcable to Board members but would serve at the pleasure of the C~ty Councd Pubhc Informat,on The ~tem requires no special advertising and ~s to be advertised as a regular agenda ~tem Alternatwes If the ordinance ~s not adopted the Volunteer Council Coordinator would remain subject to the terms hm~ts specified In C~ty Code Section 2-3 Recommendat,ons Adopbon of ordinance Attachments Proposed ordinance Recommended Act,on Adoption Subm~tbng Department/Agency N/A C,ty Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW SECTION 2-7, PERTAINING TO THE VOLUNTEER COUNCIL COORDINATOR, AND AMENDING SECTION 2- 451 PERTAINING TO BOARDS, COMMISSIONS AND COMMITTEES Sectmon A/aended ~ 2-451 Sectmon Added ~ 2-7 BE IT ORDAINED BY THE CITf COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That a new Sectzon 2-7 of the Czty Code zs hereby added to Artzcle I of Chapter 2 of the City Code, and Sectmon 2-451 of the Czty Code ms hereby amended and reordazned, to read as follows ARTICLE I IN GENERAL Sec 2-7 Volunteer Council, Coordinator The Volunteer Council shall promote volunteer~sm within City covernmental a~encles to enhance the economic, educational, social and phvszcal quality of the community and to support munIcIpal servmces valued by cmtzzens of the C~ty The CztV Council shall apDoznt a Volunteer Council Coordinator, who shall serve w~thout 21 22 pay and at the pleasure of the CztV Councml and shall coordznate the actlvltmes of the Volunteer Counczl and volunteers of the Czty 23 24 25 26 COMMENT The amendment states the purpose of the Volunteer Council and duties of the Volunteer Council Coordinator and provides that the Volunteer Council Coordinator Is appointed by, and serves at the pleasure of, the City Council 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 Sec ARTICLE XXII 2-451 Defxn~t~on of boards, commxss~ons Boards shall be defined as %hose advisory BOARDS, COMMISSIONS AND COMMITTEES and committees councll-appoznElve agencies which are prescribed by the Virginia State Code as "boards," as well as locally established bodies, the duty of ~hlch pertains to or zs governed by federal and state codes or local ordinances Terms shall be specified and limited zn accordance with the applicable federal or state codes or local ordinances or resolutions Those currently established are as follows Volunteer Counc~l ~d=i~=toz COMMENT Th~s amendment deletes the Volunteer Council Coordinator from the hst of boards Members of boards are suI~]ect to the term hm~tat~ons set forth ~n C~ty Code § 2-3 Th~s amendment, ~n conjunction w~th the new Section 2-7, provides that the Volunteer Council Coordinator ~s to serve at the pleasure of the C~ty Council and ~s no longer subject to the term hm~tat~ons ~mposed on board members Adopted by the City Council of the C~Ty VirgInia, on th~s day of CA-8715 wmm[ordres \volunt eercouncz lordzn wpd January 7, 2003 R-3 APPROVED AS TO LEGAL SUFFICIENCY epart-men~/ of Law of Virginia Beach, , 2003 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance to Award a Lease of a Port,on of the C~ty Property Located on Elbow Road, ~n the C~ty of Chesapeake to Crown Castle GT Company, LLC, for the Purpose of Maintaining and Operabng W~reless Telecommumcabons Faolht~es MEETING DATE January 14, 2003 Background As a part of the purchase of the Stumpy Lake property the C~ty acquired a s~te on which a commumcat,ons tower has been located for the past several years The s~te which ~s located on Elbow Road ,n the C~ty of Chesapeake had been owned by Norfolk and leased to Crown Castle GT Company, LLC, for the purpose of maintaining and operating mobde telecommumcabons facd~bes (i e, a cell tower) After the C~ty acquired the s~te, and the lease with Norfolk expired, the C~ty sought b~ds to lease the s~te for the same purpose The C~ty received only one b~d for the lease of the property The b~d was from the existing lessee, Crown Castle, which desires to continue to rent the property and sublease space on the tower to w~reless telecommumcat~ons prowders Cons,derat,ons The proposed lease would be for a penod of ten years, w~th two 5-year renewal penods at the Lessee's option The rent for the first full year would be $16,080 (compared to the existing rent of $12 000 per year) w~th annual ~ncreases of between 3% and 5% In add~bon the C~ty would receive one-half of ali addlbonal rent received by Crown Castle from any new sublessees A summary of the matenal terms of the proposed lease ~s ~ncluded ~n the C~ty Councd's agenda The Department of Parks and Recreabon has rewewed the proposed lease and considered the effect on its operations, which wdl be m~mmal Publ,c Informat,on The proposed ordinance does not require any special public notice or pubhc hearing The ordinance sohc~bng bids for the lease was however, advertised twice ~n the V,rgm~a Beach Beacon, and no member of the public appeared m opposition to the proposal In addition, the cond~bonal use permit granted by the C~ty of Chesapeake ~n 1996 reqmred pubhc heanngs before the Planmng Commission and C~ty Councd Alternatives Although ~t ~s the Staff's recommendabon that the lease be approved, the C~ty Council ~s not required to do so It may negotiate a new lease w~th Crown Castle m which case the new lease would by law have to be for a term of less than five years Second ~t may terminate the ex~shng lease w~th Crown Castle and seek to negobate a new lease w~th another party m which event the five-year hm~tat~on would also apply Third it may reqmre that the tower and related fac~l~bes be removed Recommendations The Staff recommends that the proposed lease be approvedbecause (1) the visual and operational ~mpact of the tower is m~n~mal (2) the tower serves a demonstrated pubhc need while providing a source of revenue to the C~ty, and (3) expenence has shown that the City is able to obtain the most favorable lease terms through the use of the b~d process used ~n th~s instance Attachments Ordinance Summary of Mater~al Terms of Lease (copy of lease ~s on file ~n the C~ty Attorney's Office) Recommended Action Adopbon SubmItting Department/Agency Department of Parks and Recreation City Manager Location Lessor Lessee Term Rent Escalator Other STUMPY LAKE COMMUNICATION TOWER LEASE AGREEMENT SUMMARY OF MATERIAL TERMS Elbow Road, C~ty of Chesapeake C~ty of V~rgama Beach Crown Castle GT Company, LLC Ten (10) years w~th Lessee having optxon to renew for 2 add'l five (5) year periods $16,080 per year (first year) plus 50% of rent from future subleases other than existing ones Yearly xncrease equal to rise m CPI, w~th rmmmtun of 3% and maximum of 5% Lessee's operation not to tnterfere w~th C~ty functions Ifpubhc safety ~s j eopardlzed, City may reqmre Lessee tmmedlately to cease use of tower to extent necessary to ehmmate interference Lessee required to comply w~th all terms of concht~onal use permit (granted May 1996 by Chesapeake C~ty Council) Lessee reqmred to can'y $1,000,000 comprehensive msttrance, plus other insurances Lessee reqmred to mdemmfy C~ty for injuries, etc, caused by Lessee's neghgence, etc Lessee must remove antennas and bmldang and restore premises to original condit~on w~than 60 days of exp~ranon or termmanon of lease AN ORDINANCE TO AWARD A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED ON ELBOW ROAD IN THE CITY OF CHESAPEAKE TO CROWN CASTLE GT COMPANY LLC FOR THE PURPOSE OF MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS the Clerk has laid before the City Council at its first regular session held after the completion of the publ~cabon thereof, an ordinance adopted June 25 2002 enbtled 'AN ORDINANCE TO PROVIDE FOR THE LEASE OF A PORTION OF PROPERTY OWNED BY THE CITY OF VIRGINIA BEACH AND LOCATED AT 2705 ELBOW ROAD IN THE CITY OF CHESAPEAKE FOR THE PURPOSE OF MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES" together w~th a certificate of due publ~cabon of the same once per week for two successive weeks ~n a newspaper of general clrculabon ~n the C~ty ~n the manner prescribed bylaw and WHEREAS Crown Castle GT Company LLC has submitted the highest b~d for the award of such lease, which b~d was dehvered to the Mayor ~n open session on the day and hour named in the advertisement and was read aloud and WHEREAS the Mayor then and there inqu~red for any further bids and none were submitted and WHEREAS ~n the opinion of the C~ty Council it ~s expedient and ~n the best ~nterests of the Ctty that the said lease should be granted to Crown Castle GT Company LLC NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA 1 That the b~d of Crown Castle GT Company LLC be and hereby ~s accepted and that the aforesaid lease be and hereby ~s awarded to Crown Castle GT Company LLC upon the cond~bons set forth ~n such lease 2 That the name of Crown Castle GT Company, LLC shall be ~nserted m the aforesaid lease and that the C~ty Manager shall execute on behalf of the City the attached lease entitled 'Commumcabon Tower Lease Agreement (Stumpy Lake Tower S~te), City of V~rgm~a Beach Lessor and Crown Castle GT Company LLC Lessee" a summary of the mater~al terms of which ~s hereto attached and a copy of which ~s on file ~n the Off~ce of the C~ty Attorney Adopted by the Councd of the City of Vlrg~ma Beach Vtrg~ma on the __ day of 2003 CA-8701 wmm\ordres\stu mpylake2ordln wpd R-1 December 30 2003 APPRO~JED AS TO CONTENT PaY'ks and ~:~reat~on Department APPROVED AS TO LEGAL SUFFICIENCY Law Department Location Lessor Lessee Term Rent Escalator Other STUMPY LAKE COMML2qlCATION TOWER LEASE AGREEMENT SUMMARY OF MATERIAL TERMS Elbo~ Road, City of Chesapeake C~ty of V~rgm~a Beach Crown Castle GT Company LLC Ten (10) years w~th Lessee having option to rene,a ~or 2 addl fixe t5) year pt.~ods $16 080 per year (first year) plus 50% of rent from future subleases other than existing ones Yearlx increase equal lo rise in CPI V, lth minimum of 3t'o and n-la\ll11Ll111 O] '~{ Lessee s operation not to interfere with City functions lfpubhc safetx ~s Icopm d~/cd City may require Lessee immediately to cease use oftov~er to extent nece',aal', lo ehmlnate interference Lessee reqmred to comply wtth all terms of conditional use permit (granted May 1996 by Chesapeake City Council) Lessee reqmred to carry $1,000,000 comprehens~,e insurance, plus other msm ances Lessee requ,red to mdemmfy City for injuries etc, caused by Lessee s neghgence etc Lessee must remove antennas and bmldmg and restore premises to or,gmal condmon within 60 days of expiration or termination of lease ITEM An Ordinance to authonze $150,000 from the Informabon Technology Internal Service Fund retained earnings for the purpose of replacement of w~de area network telecommumcat~ons services and equipment MEETING DATE January 14th, 2003 · Background The currently deployed technology for prowd~ng W~de Area Network Services (WAN), which prowdes connect~wty from over forty remote s~tes back to the C~ty's campus network for ema~l and cnt~cal Crty apphcat~ons, ~s going out of support June 30, 2003 thus requiring replacement of the WAN serwces and equipment Implementation ~ncludes the change over of equipment and services to replace the unsupported WAN services The current WAN services w~ll be exp~nng and w~ll no longer be available All s~tes need to be upgraded by July 31, 2003 to avoid loss of network connecbwty at remote s~tes As d~scussed at the C~ty Council meeting on January 7, 2003, we need to proceed ~mmed~ately w~th th~s equipment replacement · Conslderat,ons The Telecommunications and Systems Support D~ws~on of the Department of Communications and Informahon Technology, working w~th the C~ty's Telecommumcat~ons Contract Service prowder, has ~dent#~ed the required services and equipment ~tems necessary to effect th~s change It ~s estimated that the total cost for the w~de area network replacement ~n FY2002-03 w~ll be $150,000 The Information Technology Internal Service Fund retained earnings w~ll be used to fund the ~nfrastructure replacements The Informabon Technology Internal Service Fund retained earnings has available funding to support th~s request w~th no ~mpact on the General Fund · Publ,c Informat,on Pubhc Information would ~nformatlon process be handled through the normal Council Agenda pubhc · Alternat,ves An alternative ~s to continue to operate ubhz~ng the current WAN equipment Th~s would result m total loss of services at WAN remote s~tes when the current WAN technology prov~s~omng w~ll end on June 30,2003 · Recommendations It ~s recommended that C~ty Council authonze $150,000 from the Informabon Technology Internal Service Fund to the Department of Communications and Informahon Technology · Attachments Ordinance Recommended Action Approval of Ordinance Submitting Department/Agency Communication and Information Technology City Manager (~ I/' ,~'~L ~N ORDINANCE TO AUTHORIZE THE EXPENDITURE OF $150,000 FROM RETAINED EARNINGS IN THE INFORMATION iECHNOLOG~ INTERNAL SEP~ICE FOR THE PURPOSE OF PURCHASING EQUIPMENT AND SERVICES TO UPCRADE THE WIDE APE~ NETWOPK 6 7 8 WHEREAS, the support agreements for the Clt,,'s current ~lde 9 area network that provides remote connectzvlty to the Municipal 40 Center Campds and other Cltt sl~es wlll soon expire and J~ WHEREAS, funding for these improvements is available zn the 42 J3 Information Technology Internal Service Fund J4 ~§ NOW, THEPEFOPE, BE IT ORDAINED BY THE COUNCIL OF THE CIT~ OF J~ VIRGINIA BEACH, VIPGINIA ~7 J8 That the expendIture of $150,000 by t~e Department of Communication and Information Technology from the retained earnings 20 in the Information Tecnnology Inuernal Service FunG 1s neremy authorized for the purpose of purchasing equipment and services to 22 ~pgrade ~he wide area neUwork 23 24 Adopted b} the Council of tbe C~ty of V!rglP~a Beach, 25 Vzrg_nla, on the of , 2003 CA-8698 Ordln/noncode/telecom etd wpd January 8, 2002 P5 Approved as to Content Manage~men]t Services Approved as to Lega~ Sufflclenc~ Czty Attorney's Of/f~ce CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance To Appropnate $63 606 of Add~bonal Community Development Block Grant Revenue (CDBG) To The FY 2002-03 Operabng Budget of The Department Of Housing and Neighborhood Preservation For CDBG Eligible Programs MEETING DATE January 14, 2003 · Background CDBG Program funds are used to assist Iow/moderate ~ncome persons w~th housing ~mprovements through the prows~on of loans and grants When loans are made repayment ~s received at varying rates and braes In addition at bmes enhre loans are pa~d off due to property sales or transfers In the annual budget an estimated amount of program income ~s appropnated based on past expenence Currently there ~s $63 605 58 ~n CDBG Program income that has been received ~n excess of that which was appropriated HUD requires that the program ~ncome generated by the CDBG program be ubl~zed toward CDBG eligible actlwbes Therefore, th~s appropnabon makes available the program ~ncome for approved expenses The CDBG Program ~ncome funds ($63 605 58) that w~ll be appropriated by this ordinance wdl be uhl~zed to fund approved acbwbes ~n the CDBG Program consisting of Rehabll~tabon loans and grants for c~bzens of V~rg~n~a Beach housing survey needs that w~ll prowde mformat~on for management and oversight of programs · Considerations Th~s ordinance facilitates compliance w~th HUD s ~nstrucbons regarding program ~ncome W~thout th~s ordinance the funds cannot be utilized for approved acbwt~es · Pubhc Information Information w~ll be d~ssem~nated to the pubhc through the normal Councd Agenda process mvolwng the adverhsement of C~ty Council Agenda and pubhc hearings · Alternatives Not appropriate the funds and be non-compliant w~th HUD regulabons · Recommendat,ons Adopbon · Attachments Ordinance Recommended ActJon Adopbon Submitting DepartmentJAgency Department of Housing and Neighborhood Preservation City Manager~'~'~ ~ ~'~_ | ~ ORDINA/qCE TO APPROPRIATE $63,606 2 OF A/DDITIONAL COMMI/NITY DEVELOPMENT 3 BLOCK GRANT REVENUE TO THE FY 2002- 4 03 OPERATING BUDGET OF THE 5 DEPARTMENT OF HOUSING AND 6 NEIGHBORHOOD PRESERVATION FOR 7 ELIGIBLE PROGP_AMS 9 WHEREAS, $63,606 of addztzonal Community Development Block |0 Grant (SBDG') revenue has been realized from the repapment of 1! loans and zs ava±lable for CDBG elzgzble programs 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 13 VIRGINIA BEACH, Virginia 14 Tha~ $63,606 of additional Community Developmen~ 15 revenue is hereb~ approprIated to the Fz 2002-03 |6 of the Department of Housing |7 operate CDBG elzczble programs, I~ loans (Non-Revenue Pecezpts) in |9 accordingly 20 Adopted by the Council of the City of Virginia Beach, 2! on the day of , 2003 CITY OF Block Crant Operating Budget and Neighborhood Preservation to w~th revenue from the repayment of the Operating Budget increased Virginia CA8705 Ordln/noncode/CDBG ord January 6, 2003 R3 Approved as to Content ~Ma~e~nt-~3~Servlce~ Approved as to Legal Sufficiency Departmen~ ~f ~' ) ~ PLANNING Apphcations of HARBOUR DEVELOPMENT CORPORATION, L L C at North Landing and West Neck Roads, contalmng 65 1 acres (DISTRICT 7 - PRINCESE AtqNE) a Change of Zomng District Classtficatton from AG-1 and AG-2 Agricultural to Conditional R-30 Residential re single family lots no less than 30,000 sq fi b Condmonal Use Permit re Open Space C VartanceAppealre certmn elements of the Subdivision Ordinance, Section 4 4(b) that mqmres all newly created lots meet the reqmrements ot the City Zomnl Ordinance (CZO) and reduce reqmred street w~dth Deferred Staff Recommendation Plamung Recommendation July 9 August 13 and October 2002 DEFER to February 4, 2003 EqDEFIlqlTE DEFERRAL Application of HERON RIDGE PROPERTIES L L C for a Change of Zomng Dtstrtct Classtficauon from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District on Seaboard Road and Heron Padge Lane containing 6 21 acres in the Transition Area (DISTRICT 7 - PRINCESS ANNE) Deferred Recommendation December 10, 2002 APPROVAL Application of LYNNDUNES, INC for a Change Of Zonmg from B-4 (SD) Resort Commercial with a Shore Drive Comdor Overlay to A-42 Apartment with a PD-H Overlay on the south side of Page Avenue west of Jade Street (3232 Page Avenue contalmng 38,986 square feet (DISTRICT 6- BEACH) Recomxnendatlon APPROVAL Apphcat~on of MICHAEL V POLAK of Condtaonal Use Permtt re a home occupatte (gunsmithmg - repmr of firearm) at Damascus Trail and Holland Road (3064 Damascus Trail) contalmng 7, 613 square feet (DISTRICT 7 - PRINCESS ANNE) Recommendation APPROVAL Application of MARGARET G PATSEL for a Conditional Use Permzt re a horse boarding facility at Crags Causeway south of Baum Road (6316 Crags Causeway~ contmnmg 47, 727 square feet Recormnendatlon APPROVAL Apphcat~on ofTBJ, LLC a Condttzonal UsePermttre three (3) mulu-famfly res~dent~a3 umts at Page Avenue and Jade Street (3232 Page Avenue) contmmng 1, 175 square feet (DISTRICT 6- BEACH) Recommendation APPROVAL Apphcat~on of OCEAN FRIES, INC for a Condtttonal Use Permtt re an eating and dnnkmg estabhshment at Atlantm Avenue and 23~d Street (2222 Atlantm Avenue contmmng I, 175 square feet (DISTRICT 6- BEACH) Recommendation APPROVAL Map 1 13 Harbour Development Corp. Gpm 1493-58-7581 ZONING HISTORY Conditional Use Permit (preschool/daycare) - Granted 7 3 01 Conditional Use Permit (church/daycare) - Granted 9 9 97 Change of Zomng (AG I Agricultural District to PD-H1 D~stnct) - Granted 5 11 99 Change of Zoning (AG 2 Agricultural D~stnct to PD-H1 D~stnct) - Granted 5 11 99 Change of Zoning (AG 1 Agncultural Distnct to P 1 Preservahon District) - Granted 5 11 99 Change of Zoning (AG 2 Agncultural D~stnct to P-1 Preservabon D~stnct) - Granted 5 11 99 Conditional Use Permit (communications tower) - Granted 10 13 98 Conditional Use Permit [communications tower) - Granted 7 3 89 Change of Zoning (AG 1 Agncultural Distr~ct) - Demed 8 27 86 Amendment to the Land Use Plan - Granted 9 22 93 Change of Zoning (AG l& AG 2 Agncultural O[str~ct to PD-H1 Distnct) - Granted 8 27 86 Change of Zoning (PDH PDH 1 D~stnct) - Granted 1 11 82 _5 Condlhonal Use Permit (home occupation) - Granted 5 14 91 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Harbour Development Corporation, L L C, Change of Zoning District Classification Conditional Use Permit (Open Space Promotion) Subdivision Variance MEETING DATE January 14, 2003 · Background CHANGE OF ZONING An Ordinance upon Apphcabon of Harbour Development Corporation, L L C, a Virg~n~a hm~ted habd~ty company, for a Change of Zomng D~stnct Classlflcabon from AG-1 and AG-2 Agncultural D~stncts to Conditional R- 30 Res~denbal D~stnct on certain property located on the south s~de of N Landing Road, west of West Neck Road (GPIN #1493-58-7581) The proposed zoning to Conditional R-30 ~s for s~ngle-fam~ly land use on lots no less than 30,000 square feet The Comprehensive Plan recommends use of th~s parcel for appropnate growth opportumt~es, consistent w~th the economic v~tahty pohcles of V~rg~ma Beach Sa~d property contains 65 1 acres DISTRICT 7 - PRINCESS ANNE OPEN SPACE PROMOTION An Ordinance upon Apphcat~on of Harbour Development Corporation, L L C, a V~rg~n~a hm~ted I~abd~ty company, for a Conditional Use Permit for an Open Space Promobon on certain property located on the south s~de of N Landing Road, west of West Neck Road (GPIN #1493-58- 7581) Sa~d property contains 65 1 acres DISTRICT 7- PRINCESS ANNE SUBDIVISION VARIANCE Appeal to Decisions of Adm~n~strahve Officers regard to certain elements of the Subd~ws~on Ordinance, Subd~ws~on for Harbour Development Corporation Property is located on the south s~de of N Land~ng Road, west of West Neck Road (GPIN #1493-58-7581) Sa~d property contains 65 1 acres DISTRICT 7 - PRINCESS ANNE These requests were deferred by the C~ty Council on July 9, 2002 to August 13, to provide the C~ty Councd w~th t~me to d~scuss the Comprehensive Plan's recommendations regarding the Trans~hon Area On August 13, these requests were deferred to the October 8 C~ty Council meeting in anticipation of a Trans~bon Area study being conducted The requests were deferred again on October 8 to January 14, 2003, m order to allow the Transition Area Techmcal Adwsory Committee t~me to complete the work g~ven to them by the C~ty Council On December 30, 2002 the apphcant submitted a rewsed plan and proffers for th~s development The apphcant submitted the rewsed plan and proffers ~n order to bnng the plan ~nto closer consistency w~th what the apphcant perceives the Harbour Development Page 2 of 6 recommendabons of the Transition Area Techmcal Advisory Committee (TATAC) wdl be Considerations The applicant ~s requesting a Change of Zoning d~stnct class~flcabon from AG-1 and AG-2 to Cond~bonal R-30, a Conditional Use Perrmt for an Open Space Promotion, and a Subd~ws~on Variance to reduce the required street w~dth The applicant's rewsed plan proposes to develop a 65 1 acre s~te ~nto 65 residential lots resulhng ~n an overall density of I dwelhng umt per acre The request consists of a Conditional Use Permit for R-30 Open Space Promotion that allows the square footage of the home s~tes to be a minimum of 18,000 square feet, although the actual s~ze of the proposed lots ranges between 18,057 and 24,820 square feet Th~s allows a greater percentage of the parcel to remain m "open space" for park space (passive recreation ~n th~s case) and scenic v~stas w~th the goal of creating openness w~th~n the development as one travels through ~t Approximately 32 acres of land (50 percent of the total area) wdl be dedicated to passive recreational open space The m~n~mum open space requirement of the R-30 open space promotion option is 15 percent Dunng the past rewews of th~s ~tem by the C~ty Council Staff prowded an assessment of th~s proposal's consistency w~th the "Transition Area Matnx"," wh,ch was developed at the request of the C~ty Councd as a set of cntena for assessing a development's consistency w~th the Comprehensive Plan's policies for the Transition Area The Matrix was used to calculate the potential densrty of a development proposal ~n the trans~bon area Th~s development consistently scored h~gh on the Matrix, w~th a density allowing 64 lots The current plan, however, has not been assessed against the Matnx, as a rewsed Matnx ~s currently ~n draft form as part of the work of the TATAC A cursory assessment of the plan against the draft Matnx reveals that the plan would probably score h~gh Again, however, the Matnx ~s ~n draft form and has not been adopted as policy by the Planning Commission or C~ty Council The proffers have also been rewsed to be consistent w~th the open space acreage numbers and other provisions of the revised plan The proffers also ~nclude an ~ncrease the amount of money contnbuted to the C~ty per lot for the purpose of acqu~nng land for open space purposes consistent w~th the Outdoors Plan The amount has ~ncreased from $750 to $1000 The Planmng Commission placed th~s ~tem on the consent agenda because the plan creates a h~gh quality neighborhood that has been designed to preserve a large amount of open space, staff recommended approval and there was no opposit~on to the request Recommendat,ons In order to adhere to the process contemplated by C~ty Councd when the TATAC was estabhshed, the following schedule should be followed Harbour Development Page 3 of 6 1 Th~s apphcat~on should be deferred to the February 4, 2003 Council meeting 2 The Planmng Commission, to whom the report of the TATAC ~s to be made, has received a draft copy of the report and wdl receive the hnal report on Monday, January 13, as well as a bnehng from the staff 3 The Planning Commission w~ll hold a pubhc heanng on the plan on Monday, January 27, at which the pubhc should be g~ven a chance to comment on ~t The Planning Commission should then forward any comments ~t may have to the C~ty Councd 4 The C~ty Councd w~ll accept the p~an from the TATAC )nclud~ng any comments from the Planning Commission, ~f any, on January 28 5 Following these steps, the C~ty Council, beginning on February 4, should be ready to consider pending, prewously deferred rezomng apphcat~ons, ~nclud~ng th~s one, ~n the Trans~bon Area A deferral of th~s ~tem to February 4, 2003 ~s, therefore, recommended Attachments Rewsed Plan Staff Review D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting DepartmentJAgency Planning Department~l~ CltyManager~,,~ ]~//(~o.~, /c.~- Harbour Development Page 4 of 6 Harbour Development Page 5 of 6 '-~FOREGROUND ENTRY FEATURE FUTUR CON~ _ · 0 $ AC PAS~I~E PARK ?8' B~IC, K WALL CD'P) ~ j ~EDESTRZ4N ACCESS ~'-- - Harbour Development Page 6 of 6 ~UTURE · 6 FTMULCHED PEDts/MIAN PATHWAY b'~STEM W/THIN OPEN SPACE AREA SCALE 1°= DATE MAY 15 2002 5 FT CONCRETE SIDEWALK WITHIN APPROXIMATE LOCATION OF PROPOSED PA~K BENCHES (~ ~ ) · 12 ~rx 20 ~ COVETe~O SH~LT~ WITH CONCt~'E ~ ~ ] ~ONING Harbour Development Corp Change of Zoning District Classification from AG-1 and AG-2 Agricultural D,stncts to Conditional R-30 Residential District Condmonal Use Perm,t for an Open Space Promotion Appeal to Decisions of Admm~strat,ve Officers in regard to certmn Elements of the Subdlv,slon Ordinance South s~de of N Landing Road west of West Neck Road District 7 Princess Anne June 12 2002 CONSENT AGENDA Dorothy Wood We 11 go to Items 27, 28 & 29 Number 27 is a Change of Zomng D~smct Classfficanon from AG-1 and AG-2 to Conditional R-30 Resldennal number 28 is a Conditional Use Perrmt for Open Space Promotion and number 29 ~s an Appeal to Decisions of Administrative Officers m regard to certain elements of the Subdivision Ordinance This Is for Harbour Development Corporanon The property is located on the north -- excuse me, on the south side of N Landing Road west of West Neck Road m the Pnncess Anne District and there are three conditions Mr Bourdon'> Eddie Bourdon Thank you Mrs Wood Agatn for the record my name is Eddie Bourdon representing the apphcants Mr Kensler, Mr Sadler who are here today All the condiuons -- the three conditions are all acceptable On behalf of my clients we want to briefly thank Carolyn Srmth, Stephen White and the Planning staff for all their work on thiq apphcatlon M3 clients have worked very closely w~th them and I think as you smd at the informal session this morning th~s a first rate plan It s an excellent p]an not like anything else that s been done in the City And we appreciate you recogmzmg that by putting it on the Consent agenda Dorothy Wood Thank you Mr Bourdon John Baum I wanted to ask a question There s another parcel in between that and the Vo Tech School Is that right'> Do you know who owns that'~ Eddie Bourdon There's a - John I have an aerial of that if that would be of any use to you John Baum Yes Robert Miller John there it ~s John Baum Well Eddie Bourdon Oh, there we go We got it here to One that's been tlmbered'~ John Baum Yes Eddie Bourdon I just asked my clients I do not know who owns that parcel that's been timbered that s between us and at Vo Tech Item #27, 28 & 29 Harbour Development Corp Page 2 .lohn Banm You know you drive by frequently you see something happen and one reason why I wanted to bnng that up our crazy government -- Wetlands defimtmn -- Wetlands by their defimt~on There's nothing wrong with developing it m my opinion but ~t's been so errattc that I just w~sh people would notice some of these go up, some go down Who know,, who approves9 The reporter,, have no interest in Freedom of Information Act I love to read the language when they approve these and when they d~sapprove so that s not your client's fault Eddie Bourdon I do know Mr Baum and from my personal experience you have forest a piece of property m this area and you nmber ~t w~thout talong the proper precaunons and having dehneanon to go first ~t all becomes Wetlands once you timber ~t John Baum R~ght Well, if ~t dehneated before the tree's cut ~t s not Wetlands Eddte Bourdon That s correct John Baum In last October, they become no longer Wetlands and you could do anything you want to and soon as you work it ~t looks greasy and wet and everything else, but that's government reasomng Eddie Bourdon You're absolutely correct Ronald R~pley Mr Scott So much time and effort has been spend developing add~uonal gmdehnes additional approaches to properties m the Trans~uon Area that are up for development This property seems to - it seems to meet the criteria and Ithtnk from my opinion that the developer and the staff have done an excellent job m putting th~s together Would you like to comment on this because this is a httle more sensitive area then we typically deal with here Robert Scott I would I appreciate the opportunity I can't th~nk of an area that's been more d~fficult for us to deal with than m the policy areas related to the developing of the Transition Area over the last rune months or so In fact, some people would say longer than that But recently we ye developed w~th the Planning Comrmss~on s help a matrix for evaluating these apphcat~ons and we ve consistently apphed them to apphcattons that have come in over the last several months now In th~s case first of all, let me say that the matrix takes into account a number of different factors It takes into account the design of the subdp, ls~on It takes ~nto account the appearance from the street Takes into account protection of natural resources It takes into account the design and the layout and the mlanonshlp of open space to the development In all of those cases, two tbangs can be smd First of all I do affirmatively beheve that Council is comfortable w~th the d~recuon we are heading from a pohcy point of v~ew on every one of those ~ssues They expressed that through their words and through their acnons And also I can say, that the apphcat~on here rate very h~gh no every one of those points It does not rate particularly h~gh on the ~ssue of lot sizes and the way lot sizes are employed throughout the subdivision but 1 can in good faith say I have the same degree of comfort about Council's view on that point Council has not express to us as they have with those other Item #27, 28 & 29 Harbour Development Corp Page 3 poxnts a level of comfort with our approach to lot sizes And I think the fact ~s something that we need to work on further and we are working on further And we hope that we can bnng to a truthful conclusion with all the parties revolved The difficulty that our staff m this Is askdng the developer to amend hJ~ plans to accommodate a pohcv we re not sure Council is comfortable with I would really have a d~fficulty w~th that So I think ~tjust needs to be noted that where as the matrix one when applied as drafted - I think 62 lots on its property We are recommending the 66 because the short comings ~s In an area of doubt that we have about how solid everybody is on the pohcle~ related to lot size ~n that area We felt that it was probably inappropriate to hold an apphcant responsible for braiding or complying w~th the condition that ev~dennally lacks a level of confidence And I just think that needs to be noted so that everybody knows where were coming from I do have a great deal of froth generallv in the approach of applying th~s matrix I th~nk rt does some good I th~nk it provides clarity I think it provides some points that people can see and understand and relate to easily And I think ~t s something that we would like to continue to do By enlarge, th~s application has matched up very well agmnst it and my write up reflects that But I d~d want to make sure that the Planmng Commission knows about that one point and why we differed on that one point regarding the matrix and what our reason behind that ~,as If you feel that our reasoning is not sound and that we should have gone ~n a d~fferent direct~on well you have the facts here at your disposal to do that But I felt it was encumbered upon us to explain why we did what we d~d with the matrix and as ~t relates to this application I appreciate the chance to explain that Ronald Rtpley Thank you Dot`) Eddie Bourdon I just want to add one thing I forgot to add My clients also met with the group out there on N Landing Road one of the primary members being another former Chmrman Dick Cockrell We ye met with all the folks who llve out In that area I wanted to let the Commission know that as well Dorothy Wood Thank you Mr Bourdon Again, number 27, 28 & 29 is Harbour Development Corporanon A Change of Zoning District Classfficat~on from AG- 1 and AG-2 to R-30, number 28 it's a Conditional Use Pernnt for Open Space Promotion, number 29 it's an Appeal to Demslons of Admimstmnve Officers in regard to certain elements of the Subdlvis~on Ordinance This property is located on the south s~de of N Landing Road west of West Neck Road Are there any objectmns to items 27 28 & 29`) If not I would move to approve number 27, 28 & 29 with three conditions Ronald R~pley So we have a motion Do we have a second`) Eugene Crabtree I 11 second ~t Ronald R~pley Motion by Dot Wood seconded by Eugene Crabtree We re ready to vote AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE Item #27, 28 & 29 Harbour Development Corp Page 4 BAUM AYE CRABTREE AYE DIN AYE HORSLEY MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald R~pley By a vote of 10-0, the motion passes ABSENT E'VA.I-U.~'I' ION ~1~ l"flZ. 10~ ~ June 12, 2002 General Information: REQUEST ADDRESS 27)Chanqe of Zomnq D~str~ct Classification from AG-1 and AG-2 Agricultural D~stncts to Conditional R-30 Res~denbal D~stnct 28)Conditional Use Permit for an Open Space Promotion 29)Subdivision Vanance to Section 4 1 (m) for street w~dth Property ~s located on the south s~de of N Landing Road, west of West Neck Road Harbour Development Corp Planmng Commlssmn Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 1 GPIN ELECTION DISTRICT SITE SIZE STAFF PLANNER PURPOSE #1493-58-7581 7- PRINCESS ANNE 65 1 acres Carolyn A K Smith To subdw~de and construct 65 s~ngle-famlly dwelhngs on the 65 acre parcel whde providing approximately 25 acres of open space Major Issues: · Degree to which the proposal is consistent w~th Comprehensive Plan's and C~ty Councd's plans and pohc~es for the Trans~hon Area · Compahbdlty w~th the surrounding, ex,sting uses · Impact on C~ty's ~nfrastructure - roads, utd~t~es, schools F Land Use, Zomng, and / Site Characteristics: Ex~st~nq Land Use and Zonm,q The property is currently vacant, but has been under culhvat~on ~n the past The 65 acre parcel ~s currently zoned beth AG-1 and AG-2 Agricultural D~stncts Surroundmq Land Use and Zon~n,q North South East · S~ngle family dwelhngs / AG-2 Agncultural D~stnct · Wooded proposed single famdy/PD-H1 Planned Umt Development D~stnct · Wooded / AG-1 Agncultural D~stnct Plann,ng Comm,ss~on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 2 West S~ngle family, proposed s~ngle family / AG-1 & AG- 2 Agncultural D~stncts, PD-H1 Planned Umt Development D~stnct Zomnq and Land Use Statlsbcs With Existing Zon,ng Under the existing agricultural zoning, the 65 acre parcel could potentially be developed into four (4) single family lots or could conbnue to support uses allowed by nght under the agncultural d~stnct With Proposed Zoning The proposal allows up to 65 umts on the 65 acre pamel The R-30 Open Space Promobon option allows for a reduction ~n the m~nlmum lot s~ze from 30,000 square feet to 18,000 square feet The lot s~zes range from 20,000 square feet to 25,000 square feet Zomnq History On a large pamel to the south and southwest, C~ty Councd granted a Change of Zomng from AG-1 and AG-2 Agncultural D~stncts to PD-H2 Planned Umt Development D~stnct and P-1 Preservahon D~stnct ~n 1999 for a small lot (5,000 square feet) age-restncted commumty Further to the west, ~n 1982, C~ty Council also approved a request to rezone agncultural property for s~ngle-famdy development Mod~hcahons to th~s ong~nal request were later granted and the development ~s known today as "Courthouse Estates" A~r Installation Compabble Use Zone {AICUZ) The s~te ~s ~n an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana proposed use ~s compatible w~th th~s AICUZ d~stnct The Natural Resource and Physical Charactenst~cs Th~s property ~s w~thln the Southern Watersheds Management Area So~ls consist of predom~nately Acredale w~th areas of Tomotley along the northern porhon of the property The southeast corner of the s~te, approximately 7 5 acres, exists as woods There are several ex~st~ng wooded hedgerows on the property as the s~te has been segmented ~nto numerous farm fields The majonty of the s~te had been under culhvat~on ~n the past and, as such, th~s proposal w~ll remove approximately 60 acres of farmland from the City's ~nventory of agncultural property Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page3 Public Facilities and Serwces Water and Sewer Water Sewer There ~s a s~xteen (16) tach water ma~n ~n North Landing Road that fronts the northern property Irne Th~s subdlws~on must connect to C~ty water Plans and bonds for construcbon of the water system wdl be required There ~s a s~xteen (16) ~nch sanitary sewer fome ma~n and a four (4) ~nch force ma~n ~n North Landing Road that fronts the northern property I~ne Th~s subd,v~s~on must connect to C~ty sewer Plans and bonds w~ll be required for construction of the sewer system Transportation Master Transportat,on Plan (MTP) / Cap,tal Improvement Program (CIP) Th~s project is not ~mpacted by any proposal found w~th~n the Master Transportation Plan Th~s development ~s included, however, in the CIP 6-039 service area and presently, construction of two (2) pump stations and associated sewer lines ~n the North Landing Road nght-of-way are underway Traffic Calculat,ons Street Name Present Present Generated Traffic Volume Capac,ty Existing Land Use ~- 40 ADT North Landing Road 7 836 ADT ~ 9 900 ADT ~ Proposed Land Use 3_ 650 ADT Average Dady Trips 2as defined by the ex~sl~ng AG 1 & AG-2 zoning w~th 4 houses allowed by right 3as defined by R-30 zoning w~th 65 dwelling umts Planmng Comm,ss,on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 4 Reveme Bo~ds 3 099 402 and Sewer Fund Planmng Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page5 Schools School Name Current Capacity Generation ~ Enrollment North Landing 590 651 20 Elementary School Princess Anne M~ddle School 1,424 1,615 11 Kellam H~gh School 2,200 1,995 13 generation represents the difference between generated students under the ex~sbng zoning and under the proposed zoning The number can be pos~twe (additional students) or negatwe (fewer students) Pubhc Safety Police Fire and Rescue Adequate - It ~s essential that the common area be ws~ble by adjacent residences A review of the covenants reveals that the height of any fencing adjacent to common areas w~ll be hm~ted ~n terms of height and building style (no stockade) Th~s wdl help w~ll wslbd~ty and safety It ~s recommended that the street trees be spaced no closer than ten (10) feet from a I~ght pole to help eliminate shadows and blockage of hght Shrubs should not be planted any closer than e~ght (8) feet to the proposed walking path Adequate - no add~honal comments Comprehensive Plan The Courthouse / Sandbndge Issues and Policies section of the Comprehensive Plan ~nd~cates that the land uses and dens~hes must not be a conbnuabon of either the northem urban or the southern rural areas but a trans~hon (A transition by deflmt,on ~s a change, evolution, sh~ft, alterabon or mod~flcabon ) The Comprehensive Plan states "this area of the C~ty serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south Land uses and dens~bes must not be a Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C /#27,28 & 29 Page 6 continuation of e~ther form, but a transition from one to the other" (page 72) The Plan recommends that residential development m th~s area adhere to the following gu~dehnes Create h~gh quahty neighborhoods through careful planning of land uses, transportation systems, landscape treatments and pubhc ~mprovements (page 72 Pohcy Document) Staff Comment The goal/s to create a sense of openness by maintaining a large, landscape entrance (approximately 6 acres) and a swath of open space through the mtenor of the site The applicant has proposed a neighborhood that maintains scenic vistas as one travels through the development and incorporates an extensive pedestrian trail system throughout w/th thought to future connecbons as we// Along w/th the well-planned pedestrian system, park benches and large picnic shelters are proposed w/thru the open space area Design w~th nature, making a special effort to preserve and showcase s~gmhcant enwronmental resources Carefully ~ntegrate such natural features and use them as a bas~s, where possible, to enhance and dehne neighborhoods, recreation areas, open spaces, and wews of special natural areas (page 72) Staff Comment The amount of s/gmficant environmental features on this site was//m/ted A stand of trees exists/n the southeast corner of the site It was essential that this single environmental feature be incorporated into the overall design of the subdivision/n terms of the number of homes/n the wooded area, m/nlm/zing the size of the lots, particularly/n this area of the site, and forethought on the actual Iocahon of the proposed homes w/thin the woods so as to minimize disturbance The design estabbshes a means for an expectation that adjacent parcels, should they ever develop, respect the efforts to maintain a natural buffer of value In add/t/on to preserving the majonty of the trees w/thin this stand, open areas are proposed/n strategic locations along the roadway to estabhsh a sense of openness as one travels through the development Construct local roads w~th m~mmal pavement w~dth, w~de shoulders and s~de swales Include a well-planned pedestnan c~rculat~on system to connect neighborhoods, recreational areas and open spaces M~n~m~ze through consohdat~on of the number of street accesses to artenal roadways (page 73) Plann,ng Comm,ss,on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 7 Staff Comment The proposed 50 foot nght-of-way that sen/es as the single access to North Landing Road/s a departure from the typical urban /ntenor road design of 30 feet of pavement The road width wdl be 24 feet w/th four (4) feet of paved shoulder on e~ther s~de of the road Beyond the pavement, adjacent to the street, streetl/ghts and street trees are proposed A five (5) foot w/de concrete sidewalk/s proposed beyond the trees and lights that serve as a buffer between the pedestnan and vehicular traffic A swale/s then proposed w/thru a ten (10) foot utility and drainage easement As discussed above, a network of trails and sidewalks/s proposed w/thin the development w/th future potent/al connecbons w/th adjacent properties Growth m thls area should be wewed as a special type of development w~th ~ts own standards suitable to the character of the area The development standards should be enwronmentally sensitive, ~nclud~ng narrow streets w~th less pavement, rural drainage techniques and appropnate aesthetic treatments The transition area ~s to be seen as a recreabonal mecca w~th residential development only ~f ~t supports the pnmary purpose of advancing open space and recreabonal uses Res~denhal uses w~thout an open space element are not encouraged (page 73) Staff Comment This development proposal consists of 25 2 acres or 39 percent of the 65 I acres as dedicated passive open space In add/t/on, the applicant has proffered $750 O0 per lot for a total of $48,750 O0 to be used for the purchase of open space pursuant to the City's Outdoors Plan The cash proffer, comb/ned w/th the amount of open space and the "usability" of the proposed open areas, lends support to the conclusion that this project appears to qualify as one that w/Il advance public access/bd/ty to open space and recreational uses w/th the res/dent/al component as m/nor Development that takes place ~n the transition area should be hscally neutral F~scally neutral means that development must both a) generate more m tax revenue than the pubhc services cost to support ~t, and b) be of such a density that, when coupled w~th ex~shng and potenbal development ~n the area, ~t w~ll not generate the need for substantial infrastructure ~mprovements As an alternative to hscal neutrality, cash proffers to offset negative hscal ~mpacts can be considered In the absence of a hnd~ng of fiscal neutral, there should be an extraordinary pubhc beneht to be derived from the project (page 74) Plann,ng Comm,sslon Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 8 Staff Comment While the cash proffers could aid/n balancing projects that do not appear to be fiscally neutral, the proposed cash proffers/n this instance are specifically designated for the purchase of open space In light of th/s, upon exam/nat/on of the quahty of the building materials and the value and amenities w/thin the open space and the character of the surrounding development these houses will have a value of approximately $350,000 to $450,000 and up /n add/t/on, access to water and sewer/s available along North Landing Road, however, plans and bonds for construct/on of both the water and sewer systems will be required The development w#/ not generate the need for the City to recur any substantial expense due to infrastructure improvements The Department of Pub#c Ut#/t/es ¢s currently upgrading the ex/sting system along this port/on of North Landing Road The enbre project should be developed at a density that ~s the lowest of the following 1 estabhshes the residential as secondary, 2 assures that the project ~s in keeping w~th the character of the transition area, and 3 generates no more traffic than the equivalent of one (1) dwelhng umt per developable acre (page 74) Staff Comment At the request of City Council, staff developed a set of cfltena for assessing a development's consistency w/th the Comprehensive Plan's poi/c/es for the Trans/t/on Area The result was the establishment of a '~rans/t/on Area Matnx' that/s now used to calculate the potent/al density of a development proposal/n the transit/on area Application of the matnx to the subm/tted plan resulted/n a final "rating" that would allow a max/mum of 64 dwelling un/ts on the property The applicant/s requesting 65 un/ts A factor that must be entered into the equabon, however,/s the fact that the matnx calls for var/at/on/n lot size for the purpose of clustenng and gaming open space This component of the plan scored relatively Iow A s~gn/f/cant Issue, however,/s the recent opinion expressed by several City Council members to other rezon/ng applicants m the Transit/on Area to have a minimum lot size of 20, O00 square feet Th/s applicant, knowing that several Councd members expressed that opm/on, redesigned the proposed layout a number of times to Increase the lot s/zes to the des/red 20, O00 square feet wh/le st/il trying to ach/eve the other object/yes as expressed by the Transit/on Area Density Matnx The result/s a plan that scores high on almost all of the matnx items except the one calling for vanat/on m lot sizes The scored matnx /s Included at the end of th/s report Planmng Comm,sslon Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 9 The need for w~den~ng roads should not be necessary to accommodate the proposed development Projects of h~gh merit and iow density should be favored Staff Comment The construct/on of 65 homes on this property w/fl not necessitate mod~hcabon to the ex/sting roadway Traffic Eng/neenng staff from the Department of Public Works have reviewed the plan and have concluded that North Landing Road/s under ¢ts capacity Summary of Proposal Proposal ,, The applicant ~s proposing to develop a 65 1 acre s~te ~nto 65 res~denhal lots resulting ~n an overall density of 1 dwelling unit per acre The request consists of a Conditional Use Permit for R-30 Open Space Promotion that allows the square footage of the home s~tes to be a minimum of 18,000 square feet However, the proposed lots range ~n s~ze from 20,000 square feet to 25,000 square feet The reduction from 30,000 square feet as required under straight R-30 zomng allows a greater percentage of the 65 acre parcel to remain ~n "open space" for park space (passive recreation ~n th~s case) and scenic wstas w~th the goal of creating openness w~th~n the development as one moves through ~t · In add~bon to the use permit, a rezon~ng apphcat~on ~s required to change the underlying zoning from AG-1 & AG-2 Agricultural D~stnct to R-30 Res~denbal D~stnct A subd~ws~on variance ~s also sought as the proposed and preferred road design ~s atypical of C~ty standards for a res~denbal street The proposed road section depicts the use of swales for drainage and a smaller w~dth of asphalt (24 feet rather than the required 30 feet) In add~bon, the s~dewalk ~s not d~rectly adjacent to the roadway but rather buffered from vehicular traffic w~th street trees and street hght~ng S~te Des~qn · The concept plan depicts a s~ngle entrance into the proposed development off of North Landing Road Masonry walls parallel to North Landing Road on each s~de of the entrance road are proposed There are approximately s~x (6) acres of passive open space, free from development, as one enters the s~te A large entry feature ~s proposed w~th~n th~s open space area The rendering of the entry feature depicts a predom~nately reddish bnck outdoor pawl~on w~th a cupola on the dark color roof and dent~l molding surrounding the top The design of the pav~hon ~s consistent w~th the Planning Commission Agenda June12,2002 HARBOUR DEVELOPMENT CORPORATION, L L C /# 27,28 & 29 Page10 Pnncess Anne Commons Guidelines and complementary to the mumc~pal center and the h~stor~c, rural character of the area The central feature of th~s subd~ws~on plan ~s a swath of open green space w~th~n the ~ntenor of the development A majonty of all of the dwelling un~ts w~ll face or d~rectly back up to some form of open space - e~ther passive recreational open space or a lake (stormwater management pond) The homeowners' association wdl maintain th~s open space Twenty-five (25) acres of total open space ~s proposed w~th s~x (6) foot w~de mulched pedestnan tra~ls, park benches, and p~cmc shelters throughout Included ~n the development ~s a well-planned pedestnan c~rculat~on system that internally connects the proposed neighborhood as well as future neighborhoods Three (3) large stormwater management ponds am proposed and have been ~ncorporated ~nto the design of the subd~ws~on as wsual amemt~es Two (2) future street connections are proposed to accommodate potenbal development of adjacent properties Vehicular and Pedestrian Access · Vehicular c~rculat~on w~th~n the development ~s acceptable Both the proffer agreement and the concept plan ~nd~cate that nght and left turn lanes from North Landing Road w~il be constructed The proposed streets w~thm the development reflect the rural character of the transition area as they propose less pavement w~dth, w~de shoulders and s~de swales The two (2) travel lanes are twelve (12) feet m w~dth w~th four (4) feet of paved shoulder on both s~des of the street included ~n the development ~s a well-planned pedestnan c~rculatton system that connects the dwelhng un~ts to the open space and provides future pedestnan connections to adjoining properties as well F~ve (5) foot w~de concrete s~dewalks w~th~n the nghts-of-way are depicted on both s~des of the streets w~th the exception of two (2) cul-de-sacs Architectural Des~qn · The Conditional Zoning Agreement states that v~s~ble extenor surfaces of the homes, excluding roof, tnm, w~ndows, and doom, must be no less than fifty percent (50%) bnck, stone, stucco or s~m~lar quality matenals Any one-story dwelling shall contain no less than 2,400 square feet of enclosed I~v~ng area excluding garage area and any two-story dwelling shall contain no less than 2,600 square feet of enclosed hv~ng Plann,ng Commlss,on Agenda ~-~,-- June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page11 area excluding the garage area The Deed Restnchons shall require each dwelhng to have, at a m~mmum, a two (2) car garage The apphcat~on states that the anticipated value of the homes should exceed $300,000 although the apphcant has stated verbally that the flmshed homes w~ll ultimately sell for $350,000 to $450,000 Deed Restnctlons, administered by a Property Owners' Assoc~abon, wdl hm~t the height and matenal of fencing so that all open space areas are easily ws~ble and safe The Deed Restrictions also require that all outbuddmgs be constructed of the same matenal and color as the pnnc~ple dwelling and shall not exceed 200 square feet ~n s~ze They also require that all front yards be sodded Landscape and Open Space · The Conditional Zomng Agreement indicates that 25 2 acres of land (39 percent of the total area) w~ll be dedicated to pass~ve recreational open space The m~mmum open space requirement of the typical R-30 open space promotion option ~s 15 percent These landscaped parklands w~ll feature walking trads park benches, p~cmc areas, and lakes outside the res~denbal lots and roadways Two (2) covered p~cmc shelters (12 feet by 20 feet) w~th a concrete base are proposed Each building lot w~ll be developed w~th double the total canopy cover specified m the C~ty of V~rg~ma Beach's "Res~denhal Tree Requirement Table" For example, a 20,000 to 29,000 square foot lot requires at least 900 square feet of tree canopy Th~s can be accomphshed by using all small, medium or large trees or a combination thereof Small trees, such as a dogwood or crape myrtle, are gwen 100 square feet of canopy cover Medium trees, such as nver b~rch and Amencan holly, are g~ven 150 square feet of canopy cover Large trees, such as bald cypress and Ioblolly pine, are g~ven 200 square feet of canopy cover Small trees must be at least hve (5) feet ~n height at the t~me of planhng and medium to large trees must be a m~n~mum of 1 1/2 tach cahper at the hme of planting The pre-development tree canopy ~s 18 percent W~th the proposed proffered landscaping the estimated post-development tree canopy at 10-year grow out w~ll also be 18 percent Proffers Planmng Comrmss~on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page12 PROFFER # 1 Staff Evaluabon PROFFER # 2 Staff Evaluabon When development takes place upon that port,on of the Property which ~s to be developed ~t shall be as a single family residential community of no more than 65 building lots substanhally ~n conformance w~th the Exhibit enhtled "REZONING EXHIBIT OF VICTORIA PLACE", dated May 7, 2002, prepared by Hassell & Folkes, P C, which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on hie with the V~rg~n~a Beach Department of Planning ("Concept Plan") Each building lot shall be developed w~th double (~ e two bmes) the 'q'otal Canopy Cover Required" as specified ~n the C~ty of V~rg~n~a Beach's "Residential Tree Requirement Table" pubhshed by the Virg~n~a Beach Department of Planning as of the date hereof This proffer/s acceptable This development proposes a central/zed open space w/th additional pockets and nbbons of open space that serve buffers to adjacent uses and visual relief for both the pedestrian and motor/st The proposal/s at a density of 1 0 unit per acre Because the apphcant rs utilizing the R-30 open space promotion opt/on, the lots are required to be a m/n/mum of 18,000 square feet The proposed lots range/n size from 20,000 to 25,000 square feet The use of smaller lots than the typical R-30 30,000 square feet provide addlhona/ /and available for open space When the property ~s developed, a central park containing approximately 25 2 acres of landscaped parklands and lakes featuring passive park areas community act~wty areas featunng an extensive pedestnan pathway system, park benches, covered shelters and p~cn~c areas lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners' Assoc~ahon This proffer/s acceptable The apphcant has proposed a neighborhood that maintains scenic vistas as one travels through the development and Incorporates an extensive pedestnan trail system throughout with thought to future connections as well Along w/th the well planned pedestnan system, park benches and large picnic shelters Planmng Comm~ss,on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C J # 27, 28 & 29 Page 13 PROFFER # 3 Staff Evaluatton are proposed within the open space area When the property ~s developed, the pedestnan pathway system and open space ~mprovements shall be constructed substantially as depicted on the Concept Plan This proffer/s acceptable The plan incorporates an extensive pedestnan tra# system including a s~x (6) foot wlde mulched trad w/th/n the open space areas and a hve (5) foot w/de sidewalk throughout the subdivision Future connections to adjacent properties are also depicted on the submitted plan PROFFER # 4 Staff Evaluabon PROFFER # 4 Staff Evaluabon At the entrance to the communtty, the Party of the F~rst Part w~ll construct both nght and left turn lanes from North Landing Road and a bnck wall, 18 inches ~n height parallel to North Landing Road on each side of the entrance road as depicted on the Concept Plan The proposed rezon/ng will generate sufflc~ent turning volumes to warrant left and nght tum lanes on North Landing Road Department of Public Works standards specify the storage and bay taper must each be a m/mmum of 100 feet for the left and nght turn lanes The entrance location may need shght adjustment to provide for the turn lanes This refinement w~ll be determined dunng f~nal s~te plan rewew should these requests be approved When the Property ~s subd~wded ~t shall be subject to a recorded Declarahon of Protective Covenants, Conditions and Restnct~ons ("Deed Restnct~ons") administered by a Property Owners' Association which shall be responsible for mamta~mng all common areas, ~ncludmg the commumty owned open space w~th pedestnan pathway system, the entrance feature and community act~wty area This proffer rs acceptable Beyond defining maintenance responslb#/t/es, the Deed Restrictions w~ll also I/mit the helght and matenals of fencing adjacent to open space areas, restnct the building matenals of accessory Planmng Commission Agenda ~-[-'~ June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page14 PROFFER # 5 Staff Evaluabon PROFFER # 6 structures, limit the placement of flags and other decorative items, etc All res~denbal dwelhngs constructed on the Property shall have ws~ble extenor surfaces, excluding roof, trim, w~ndows, and doors, which ~s no less than flffy percent (50%) bnck, stone, stucco or s~m~lar quahty materials Any one stow dwelhng shall contain no less than 2,400 square feet of enclosed hying area excluding garage area and any two stoW dwelhng shall contain no less than 2 600 square feet of enclosed hv~ng area excluding the garage area The Deed Restnct~ons shall require each dwelhng to have, at a minimum, a two (2) car garage This proffer is acceptable The size of the proposed homes and the quality of the building matenals contribute to the high quality appearance of this subdivision The required two (2) car garage for each dwelling wlfl help alleviate the necessity for on-street parking on the proposed street The Grantor recognizes that the subject s~te ~e located within the Transition Area identified in the Comprehensive Plan of the City of V~rglnla Beach, adopted on November 4, 1997 The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses In addition to committing thirty-three pement (33%) of the property to open space preservation, wa the dedication of the 20 6 acres to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred F~fty and 11 / 100 Dollars ($750 00) per lot to Grantee to be ubllzed by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan If the funds proffered by the Grantor ~n th~s paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose Grantor agrees to make payment for each residential lot as shown on any subdivision plat prior to recordation of that plat Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page15 Staff Evaluabon PROFFER # 7 Staff Evaluabon Th~s proffer zs acceptable The cash proffer of $750 O0 per lot equates to a total of $48,750 O0 for all 65 lots Further conditions may be required by the Grantee dunng detailed S~te Plan and/or Subd~ws~on rewew and administration of apphcable C~ty codes by all cognizant C~ty agencies and departments to meet all applicable C~ty code requirements Any references here~nabove to R-30 Zoning D~stnct and to the requirements and regulahons applicable thereto refer to the Zoning Ordinance and Subd~ws~on Ordinance of the C~ty of V~rg~n~a Beach, V~rg~ma, m force as of the date of approval of th~s Agreement by C~ty Councd, which are by this reference incorporated harem This proffer Is acceptable as/t reafhrms that all provisions of the City Code must be met and that the rezonmg proposal does not ehm/nate the appbcant's respons/b/bty to adhere to adopted rules and regulahons City Attorney's Off,ce The C~ty Attorney's Off,ce has rewewed the proffer agreement and found ~t to be legally sufficient and ~n acceptable legal form Evaluation of Request These requests are recommended for approval The apphcant proposes to develop a 65 1 acre s~te into 65 res~denbal lots resulhng in an overall density of 1 dwelling umt per acre The request consists of a conditional use permit for R-30 opens space promotion that allows the square footage of the home s~tes to be a minimum of 18,000 square feet, although the actual s~ze of the proposed lots ranges between 20,000 and 25,000 square feet Th~s allows a greater percentage of the pamel to remain ~n "open space" for park space (passive recreahon in th~s case) and scemc wstas w~th the goal of creating openness w~thln the development as one travels through it The Cond~honal Zoning Agreement indicates that 25 2 acres of land (39 percent of the total area) wdl be Plann,ng Commlss,on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 16 dedicated to passive recreational open space The m~nlmum open space requirement of the R-30 open space promotion option is 15 pement Dunng the design phase of th~s development dunng d~scuss~ons w~th staff, the apphcant recognized that ~t was essential that the ~mportant enwronmental feature (the large stand of trees) be ~ncorporated into the overall design of the subd~ws~on ~n terms of the number of homes ~n the wooded area, parhcularly ~n m~n~m~z~ng the s~ze of the lots ~n th~s area of the s~te As a result, the actual location of the proposed homes w~th~n the woods has been predetermined so as to m~n~m~ze d~sturbance The retenbon of a majonty of the trees d~ctates an expectation that adjacent parcels, should they ever develop, respect the efforts to maintain a natural buffer of value In add~hon to preserving the majority of the trees w~th~n th~s stand, open areas are proposed ~n strategic locations along the roadway to estabhsh a sense of openness Th~s development attempts to create a h~gh quahty neighborhood that has been designed to preserve a large amount of open space and showcase the enwronmental resources on the s~te Staff approached the review of th~s plan m the Trans~hon Area d~fferently than one for a subd~ws~on typically found ~n the northern part of the C~ty Th~s development ~s a special type of project w~th ~ts own development standards suitable to the atmosphere and character desired for th~s area Development ~n the Trans~hon Area should be associated w~th s~gnlflcant open space and recreational amemhes Th~s development budds off of a centrahzed open space as well as add~honal pockets and "nbbons" of open space at the property's penmeter These nbbons of open space a~d ~n preventing an undesirable scenano, atypmal of the rural character of the area, of back-to-back rear yards A substanhal amount of the parcel (39 percent) wdl remain as undeveloped open areas, but perhaps equally ~mportant to the amount of land reserved for open space ~s the actual access~bd~ty and usabd~ty of the proposed open areas A vast majonty of the homes wdl back up to or be adjacent to e~ther open space or forested areas Th~s ~ncludes lots 56 through 65 that wdl back up to a platted ~ngress/egress easement to the property to the west that vanes ~n w~dth from approximately 35 feet to 140 feet w~de Th~s easement wdl serve as a buffer to the ex~st[ng uses to the west Also included ~n the open space component ~s a well-planned pedestrian c~rculat~on system w~th extensive ~nternal connecbons Along w~th the pedestnan system, park benches and large p~cmc shelters are proposed w~thm the open space area Approximately s~x (6) acres w~ll be heawly landscaped as the entrance ~nto the commumty from North Landing Road as well that wdl also a~d m maintaining the rural wstas from the road At the request of C~ty Council, staff developed a set of cntena for assessing a development's consistency w~th the Comprehensive Plan's pohc~es for the Transition Area The result was the establishment of a "Transition Area Matnx" that ~s now used to Plann,ng Comm,sslon Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page17 calculate the potential density of a development proposal ~n the trans~hon area Application of the matnx to the submitted plan resulted ~n a final "rating" that would allow a maximum of 64 dwelhng units on the property The apphcant ~s requesting 65 umts A factor that must be entered ~nto the equation, however, ~s the fact that the matnx calls for vanabon ~n lot s~ze for the purpose of clustenng and gaming open space Th~s component of the plan scored relabvely Iow A s~gmflcant ~ssue, however, ~s the recent oplmon several Crt,/Council members expressed to other rezonmg applicants ~n the Trans~hon Area to have a minimum lot s~ze of 20,000 square feet Th~s apphcant, knowing that several Councd members expressed that op~mon, redesigned the proposed layout a number of bmes to increase the lot s~zes to the desired 20,000 square feet wh~le st~ll trying to achieve the other objectives as expressed by the Transition Area Density Matrix The result ~s a plan that scores h~gh on almost all of the matnx ~tems w~th the excepbon of the one calhng for variation in lot s~zes The design of the subdivision and the amount of cash proffers set aside for acqu~s~bon of open space demonstrate the promotion of open space w~thm th~s proposal Staff concludes that the applicant's proposal meets the applicable prows~ons of the Comprehensive Plan for the Trans~bon Area and recommends approval of these requests subject to the conditions below as part of the Open Space Promohon Conditions When development takes place upon that portion of the Property which ~s to be developed, it shall be as a s~ngle family res~denbal commumty of no more than 65 building lots and shall be landscaped substantially ~n conformance w~th the Exhtb~t entitled "REZONING EXHIBIT OF VICTORIA PLACE, CITY OF VIRGINIA BEACH, VIRGINIA, SHEET 2 OF 2", dated May 7, 2002, prepared by Hassell & Folkes, P C, which has been exhibited to the V~rglma Beach City Council and ~s on file w~th the V~rg~ma Beach Department of Planmng Th~s includes adherence to the spectes of plants I~sted on the p~an, the design of the bio-retention benches ~n the stormwater management ponds, and all other notes on the sa~d plan 2 The entry feature shall be constructed substantially m conformance with the Exhibit entitled "Entry Feature for V~ctona Park," dated May 28, 2002, which has been exhibited to the V~rgm~a Beach C~ty Councd and ~s on file w~th the V~rgm~a Beach Department of Planmng 3 The design and budding matenals for the proposed p~cn~c shelters shall be of s~mdar style and quahty of the specifications of the shelter entitled "The T~mberland" design, ~dent~fled m the EnWood Structures catalog, a detad of which has been exhibited to the C~ty Council and ~s on file w~th the Planning Planning Commission Agenda Page18 Department The final design shall be submitted to the Planmng D~rector for review and approval prior to the ~ssuance of a budding permit NOTE Further condlbons may be requlred during the admmJstrabon of apphcable C~ty Ordinances Plans submitted w~th th~s rezomng apphcat~on may require rews~on during deta#ed s~te plan rewew to meet all ap[~bcable C~t~/ Codes Planmng Commission Agenda ~-~. ~.~ June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 19 Planning Commission Agenda June 12,2002 HARBOUR DEVELOPMENT CORPORATION, L L C /# 27,28 & 29 Page 20 Planmng Commlss,on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 21 Planmng Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 22 Plann,ng Comm~ss,on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 23 4~ PINE ~RK MULCH7 / FINE GRADED & ~ELL COMPACTE9 SUBGRA~E TYPICAL SECTIUN PEDESTRIAN PATHWAY Proposed Shelter Plannmng Commmssmon Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page24 Planmng Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 25 APPLICATION PAGE 4 OF 4 I CONDITIONAL USE PERMIT CITY OI- VIRGINIA BEACH Apphcant's Name L~st All Current Property Owners DISCLOSURE STATEMENT Harbour Development Corporaczon, L L C , a V:rgxnxa hmxted lzab~l~t~__ company Burch Famzl> Ltd. Parr.~rnh~? Arlzne M Rosenmeler, Successor Trustee Mzchael J Stafford, Sr , Trustee PROPERTY OWNER DISCLOSURE If the properly owner ts a CORPORATION hst all officers of the Corporation below (Attach hst tfnecessary) ffthe property owner :s a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION hst all members or partners ~n the orgamzanon below (Attach hst tfnecessary) Check here ~f the property owner is NOT a corporanon partaersh[p firm or other umncorpora[ed If the apphcant ts not the current owner of the property, complete the Apphcant Dtsclosure section below APPt ICANT DISCI OSURE If the apphcant ~s a CORPORATION hst all officer~ of the Corporatmn below (Attach hst tfnecessary) If the apphcant ~s a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION bst all membe~ or parlnem m the orgamzanon below (Attach [t~ (necessary) Robert R Kznser Ed Sadler Preston Fussell rilfOFiltatt o/q~tat,t ecl h ere~it ts trtte and accttt ate L LC By ~ ¥, t~,~_~ Slgrl&ture Robert R ~znser, Managzng Member Prmt Name City of Virginia each I/g'rER-0FFICE CORRESPOI~SICE La Reply Refe~ To Our Ftle No DF-5542 DATE January 6, 2003 TO Leshe L L,lley "~ DEPT City Attorney FROM B Kay W~Iso'~k~t DEPT C]t,j Attorney Conditional Zoning Apphcanon Harbour Development Corporaon, L L C, et als The above-referenced conditional zomng apphcat]on is scheduled to be heard by the City Council on January 14, 2003 I have reviewed the subJeCt proffer agreement, dated May 21, 2002, and have deterrmned ~t to be legally sufficient and m proper legal form A copy of the agreement is attached Please feel free to call me if you have any ques~ons or wish to discuss tbs ma~er farther BKW Enclosure E §YI~S ~Ot~DON HARBOUR DEVELOPMENT CORPORATION, L L C, a Vrrg~ma hmlted hablhty company, I BURCH FAMILY LTD PARTNERSHIP, ARLINE M ROSENMEIER, Successor Trustee of the Joseph H Howlett, Jr, Revocable Trust MICHAEL J STAFFORD, SR, Trustee of the ROBERT E STAFFORD, SR REVOCABLE TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS} CITY OF VIRGINIA BEACH, a municipal corporalaon Virginia of the Commonwealth of THIS AGREEMENT, made rims 21st day of May, 2002, by and between HARBOUR DEVELOPMENT CORPORATION, L LC, a V~rg;mla lmnlted hab~hty company, Grantor, party of the first part, BURCH FAMILY LTD PARTNERSHIP, ARLINE M ROSENMEIER, Successor Trustee, and MICHAEL J STAFFORD, SR, Trustee, Grantor, partaes of the second part, and THE CITY OF VIRGINIA BEACH, a municipal corporatxon of the Commonwealth of Vucg~ma, Grantee, party of the third part WITNESSETH WHEREAS, the parties of the second part are the owners of that certain parcel of property located m the Princess Anne District of the C~ty of Vxrgmla Beach, containing a total of approxamately 65 1 acres and described m Exhibit "A' attached hereto and incorporated herein by this reference S/nd parcel is hereinafter referred to as the 'Propertf', and WHEREAS, the party of the first part m the contract purchaser of the Property and has mltxated a conchtmnal amendment to the Zoning Map of the City of V~rgmla Beach, Vxrgxma, by petat~on addressed to the Grantee so as to change the Zoning Classflicauons of the Property from AG-1 and AG-2 Agricultural Districts to Condmonal R-30 Resldentxal District w~th a Conditional Use Permit for Open Space Promotion and WHEREAS, the Grantee's pohcy ~s to proxade only for the orderly development of land for various purposes through zornng and other land development legislation, and GPIN 1493-58-7581 PRERa~RED BY i gYrLEb t~OUI~OON A]It;~' & LEVY WHEREAS, the Grantor acknowledges that the competing and sometmaes mcompatable uses confhct and that in order to permit d~ffermg uses on and m the area of the Property and at the same tmae to recogLqze the effects of change, and the need for various types of uses, certain reasonable conditaons governing the use of the Property for the protectaon of the commumty that are not generally apphcable to la_nd slmalarly zoned are needed to cope wath the sltuabon to which the Grantor's rezonmg appbcatlon gaves rase, and WHEREAS, the Grantor has voluntaxtly proffered, Lq writing, m advance of and prior to the pubhc hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, m addataon to the regulataons provided for the R-30 Zoning District by the extstmg overall Zoning Ordinance, the follovang reasonable condmons related to the physacal development, operatxon, and use of the Property to be adopted as a part of smd amendment to the ZoLqng Map relatave and apphcable to the Property, which has a reasonable relatton to the rezonmg and the need for which m generated by the rezonmg NOW, THEREFORE;, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors m tatle or interest, voluntarily and vathout any reqmrement by or exactaon from the Grantee or its governing body and v~thout any element of compulsion or quid pro quo for zoning, rezonmg, sxte plan, bmldmg permxt, or subdivision approval, hereby make the following declaratxon of conchtaons and restauctaons which shall restrict and govern the physical development, operatton, and use of the Property and hereby covenant and agree that tins declarataon shall constatute covenants running wath the Property, which shall be bmchng upon the Property and upon all parUes and persons clmmmg under or through the Grantor, its successors, personal representataves, assxgns, grantee, and other successors Lq interest or tatle and which vail not be reqmred of the Grantor untal the Property is developed 1 When development takes place upon that portaon of the Property whach is to be developed, xt shall be as a single family resldentaal community of no more than story-five (65} bLqldLqg lots substantaally Lq conformance vath the Exhibit entailed "REZONING EXHIBIT OF VICTORIA PARK" (Sheets 1 and 2), dated May 15, 2002, prepared by Hassell & Polkes, P C , winch has been exinblted to the V[rglma 2 Beach City Council and is on fde vath the V,rgmla Beach Department of Planning (~Concept Plan~) Each bmldmg lot shall be developed vath double (l e two tunes] the "Total Canopy Cover Requ,red' as specflled ,n the City of V~rgn-na Beach's 'Resldentnal Tree Requirement Table" pubhshed by the V~rgm~a Beach Department of Planning as of the date hereof 2 When the property is developed, a central park v~th connected open space areas containing apprommately 28 4 acres of landscaped parklands lakes, passive recreation areas, community acttvlty areas featuring an extensive pedestrian pathway system, park benches, covered shelters and plcmc areas lying outside the resldent~al lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Assoclatton 3 When the property is developed, the pedestrian pathway system and open space improvements shall be constructed and the installed landscaping shall be substanttally as depicted on the Concept Plan 4 At the entrance to the community the Party of the F~rst Part ~ construct both right and left turn lanes from North Lanchng Road and a brick wall, 18 roches m height parallel to North Landing Road on each side of the entrance road as depicted on the Concept Plan 5 When the Property is subchv~ded it shall be subject to a recorded Declaration of Protecnve Covenants, ConchUons and Restnctxons ("Deed Restrictions") aamn-nstered by a Property Owners AssoclaUon which shall be responsible for maintaining all common areas, including the community owned open space vath pedestrian pathway system, the entrance feature and commumty acUwty area 6 All res~den-~! dwellings constructed on the Property shall have wmble exterior surfaces, excluding roof, trim, vandows, and doors, which ~s no less than fifty percent (50%) brick, stone, stucco or smnlar quahty materials Any one story dwelling shall contmn no less than 2400 square feet of enclosed hvmg area excluchng garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed hmg area excluchng garage area The Deed Restnchons shall reqmre each dwelling to have, at a mmamum, a two (2) car garage PREPARED BY I S'Y[[$ t}OL~DON A~ItmN & L~-VY P C 7 The Grantor recognizes that the sublect site is located w~th~n the Transmon Area ~dentdied tn the Cotnprehenmve Plan of the City of V~rgmla Beach, adopted on Novetnber 4, 1997 The Cotnprehenmve Plan states that developtnent taking place m tins area should support the primary purpose of advanctng open space and recreaUonal uses in addmon to cotntn~ttmg £gty percent {50%) of the Property to open space preservahon, vm the dechcabon of 28 4 acres to the Property Owners Assomabon as permanent open space and prov~mon for 3 9 acres of green ways wnhtn the dedicated public right of ways wxthm the cotntnumty, the Grantor agrees to contribute the sutn of One Thousand and 00/100 Dollars ($1,000 00) per lot to Grantee to be uhh~.ed by the Grantee to acqmre land for open space preservaUon pursuant to Grantee's Outdoors Plan If the funds proffered by the Grantor m thru paragraph are not used by the Grantee anytnne v~thm the next twenty (20) years for the purpose for which they are proffered, then any funds prod and unused tnay be used by the Grantee for any other pubhc purpose Grantor agrees to make payment for each remdent~al lot shown on any subd~v~mon plat prior to recordataon of that plat 8 Further condlttons tnay be required by the Grantee during detmled S~te Plan and/or Subchws~on review and admm~stratton of apphcable City codes by all cogmzant City agenmes and departments to meet all apphcable City code reqmretnents Any references heremabove to the R-30 Zoning Dmtnct and to the reqmretnents and regulations apphcable thereto refer to the Zoning Ordtnance and Subdlv~mon Ordinance of the City of Vlrgn'na Beach, V~rgmm, in force as of the date of approval of flus Agreement by City Council, which are by fins reference tncorporated heretn The above condllaons, hamg been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zontng Ordinance, shall continue m full force and effect unhl a subsequent amendment changes the zoning of the Property and specffically repeals such conditions Such conrhttons shall conttnue despite a subsequent amendtnent to the Zoning Ordinance even ff the subsequent amendtnent m part of a cotnprehens~ve ~mplementat~on of a new or substanlaally remsed Zomng Ordinance unttl specufically repealed The conditions, however, may be repealed, amended, or vaned by written mstrutnent recorded m the 4 PREPARED BY I §YIG~s [~oLrI~DON AIII;~N & LD/Y P C Clerk's Office of the C~rcmt Court of the City of Vlrgima Beach, Vrrgm~a, and executed by the record owner of the Property at the tmae of recordataon of such instrument, provaded that said instrument zs consented to by the Grantee m writing as evadenced by a certrfied copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a pubhc heanng before the Grantee whlch was advertised pursuant to the proxnsxons of Sectaon 15 2-2204 of the Code of Vrrgmm, 1950, as amended Smd ordinance or resolution shall be recorded along w~th said instrument as conclus,ve exqdence of such consent, and ff not so recorded, said xnstrument shall be void The Grantor covenants and agrees that {1) The Zoning Administrator of thc City of %rgmm Beach, %rgmm, shall be vested wath all necessary authority, on behalf of the governing body of the C:ty of %rgmxa Beach, Vrrgmaa, to admzmster and enforce the foregoing conditions and restrictions including the authority (a) to order, m urntmg, that any noncomphance wath such condxttons be remedzed, and (b) to bring legal ac/non or suxt to insure comphance vath such condrt~ons including mandatory or proh~bztory mjunctaon abatement, damages, or other appropriate actaon, stat, or proceeding, (2) The fa_flure to meet all conditions and restrictions shall constntute cause to deny the msuance of any of the required building or occupancy permxts as may be appropriate, (3) If aggrieved by any decision of the Zoning Admmmtrator, made pursuant to these proves;ohs, the Grantor shall petmon the governing body for the review thereof prior to mst~tuhng proceedxngs m court, and (4} The Zoning Map may show by an appropriate symbol on the map the emstence of conchttons attaching to the zoning of the Property, and the ordinances and the condmons may be made reachly avaxlable and accessxble for pubhc mspectzon ~n the office of the Zoning Admmxstrator and m the Planning Department, and they shall be recorded m the Clerk's Office of the C~rCUlt Court of the Cxty of Vxrgmm Beach Vzrgmm, and ~ndexed m the names of the Grantor and the Grantee 5 WITNESS the following mgnature mad seal GRANTOR STATE OF VIRGINIA CITY OF VIRGINIA BEACH , to-vat HARBOUR DEVELOPMENT CORPORATION, L L C , a Vtrgm~a hmtted hab~ty company !k (SEAL) By Robert R K.ms~ Mm~agln§ Member -- ,~ June The fore§om§ instrument %vas ackno%v]edged before me this 10th day offs, 2002, by Robert R Kmser, Managm§ IVlernber of Harbour Deve]oprnent Corporation, L L C , a lumted hab,hty company, Grantor Notary Pubhc My Comm,sszon Expzres August 31, 2002 ISYL[S AII~ & LEV', Pi WITNESS the follovang s~gnature and seal GRANTOR BURCH FAMILY LTD PARTNERSHIP B . (SEAL) Tlmothy~'A'- ]~urch, Sr , General Partner STATE OF VIRGINIA ~. enw/COUN~Y OF 7~;'~--~' , to-~t The foregoing instrument was acknowledged before me th~s ~--~ day of May, 2002, by Tzmothy A Burch, St, General Partner, of the Butch F~rndy Ltd Pa~ ~erslup, Grantor Notary Pubhc My Comrmss~on Expires M~C~,T~.,'%OnL~ ~'~.~3t,2C55 WITNESS the following mgnature and seal GRANTOR Arlme M Rosenmexer, Successor Trustee of the Joseph H Howlett, Jr Revocable Trust STATE OF ~.'II2.CI,N'IA CITY/COUNTY OF ~L~'~- ., to-vat The foregoing instrument was acknowledged before me th~s [~" day of~'~~, 2002, by Arhne M Rosenmeaer, Successor Trustee of the Joseph H Howlett, dr Revocable Trust, Grantor Notary Pubhc w My Commission Expires PREPARED BY AII~N & ~ P( WITNESS the following mgnature a~d seal GRANTOR Michael O S~ord, ~//Tmstee of ~e Robe~ E Stafford, Sr, R~ddable Trust STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-vat 2002, by M~chael J Stafford, , rue Trust, Grantor My Comm~smon Expires The foregoing instrument was acknowledged before me th~s ~[ff/~ day of May, o~~ l~ert E Stafford, Sr Revocable, Notary Pubhc All of that certain p~ece or parcel of land mtuate near Princess Anne Courthouse m the Seaboard Magmtenal District ua the County of Pnncess Anne, V~rglma, and more partacularly described by metes and bounds as follows BEGINNING at a point on the southern side of State Highway Route 165 known as North Landing Road, as exadenced by the dedacat~on of a fifteen (15) foot strip of land to Princess Anne County, where same intersects the eastern line of the lane to the Boomer remdence, as shown on the plat enbtled ~Survey of M W Flora Property, Seaboard Malostenal District, Princess Anne County, V~rgmla', dated Deceuaber 5, 1961, made by W~fred P Large, Certxfied Land Surveyor, smd plat to be recorded s~rnultaneously w~th tlus deed, and running thence easterly along the southern rode of North Landing Road, N 70° 15' E a dmtance of 419 47 feet to a point and running thence S 23° 19' E a chstance of 279 01 feet to a point, and running thence N 66° 41' E a d~stance of 189 39 feet to a point, and running thence S 32° 01' E a d~stance of 365 79 feet to a point, and running thence S 32° 32' E a thstance of 733 05 feet to a point, and running thence S 32° 37' E a distance of 997 11 feet to a point, and running thence S 32° 27' 45" E a distance of 402 31 feet to a point, and running thence S 49° 56' 35" W a chstance of 114441 feet to a point, and runmng thence N 32° 24' 51~ W a (hstance of 1483 87 feet to a pouat, and running thence N 26° 40' 06 W a chstance of 102 86 feet to a point, and rurmmg thence N 13° 48' 31' W a chstance of 107 93 feet to a pouat, and running thence N 8° 37' 24' W adtstance of 553 62 feet to a point, and running thence N 11° 59' 58' W a (hstance of 909 02 feet, to the point of beginning GPIN 1493-58-7581 CONDP-.EZN / H/LRBOUR/PRO~:ER7 REV 5/21/02 10 Map ,~-~ Heron Pro 2 LLC Gptn 2405~6-3203 ZONING HISTORY 1 Rezon~ng (AG-1 / AG-2 Agricultural to Conditional R-30 and R-20 Residential) - Approved 7-8-97 Subdivision Variances - Approved 7-8-97 Conditional Use Permit (Golf Course) - Approved 7-8-97 Conditional Use Permit (Enlarge Golf Course) - Approved 6-28-94 Subdivision Vanances - Approved 9-28-93 Conditional Use Permit (Golf Course) - Approved 9-28-93 Cond~honal Use Permit (S~ngle Family Homes) - Approved 4-20-93 Conditional Use Permit (Borrow P~t) - Den~ed 9-18-89 2 Downzone to AG-1 / AG-2 Agncultural - Approved 8-27-86 Reconsideration of Downzone- Approved 9-15-86 ITEM Heron's R,dge Propert,es, LLC - Condfbonal Change of Zon,ng MEETING DATE January 14, 2003 Background An Ordinance upon Appl~cabon of Heron R~dge Properties, L L C for a Chanqe of Zonlnq D~str~ct Class~flcabon from AG-1 and AG-2 Agncultural D~stnct to Cond~bonal R-20 Res~denbal D~stnct on the northwest corner of Seaboard Road and Heron R~dge Lane (GPIN 2403663203) The proposed zomng class~flcahon change to R-20 ~s for res~denbal land use on lots w~th a m~mmum of 20,000 square feet The Comprehensive Plan recommends th~s pamel for uses consistent w~th the pohc~es of the Comprehensive Plan for the Trans~bon Area Satd parcel contains 6 21 acres more or less DISTRICT 7 - PRINCESS ANNE Th~s request was deferred by the C~ty Council on December 10, 2002 Cons,derat,ons S~nce the December 10 meehng, the apphcant submitted a revised plan that shows a reduction ~n the number of lots from ten to n~ne (9) s~ngle-famdy residential home s~tes The lots wdl range ~n s~ze from 25,657 square feet to 32,000 square feet The majonty of the lots are rectangular ~n shape, meebng the m~n~mum lot w~dth required for the R-20 Residential d~stnct The submitted lot plan depicts the budding setback envelope on each lot The s~te ~s adjacent to the Heron R~dge residential development Heron R~dge Golf Club was developed ~n the late 1990s and ~s part of the open space component of the Heron R~dge subdivision Another 175 acres of preserved wetland areas also serve as an open space amemty ~n the subd~ws~on The applicant considers th~s change of zomng request as Phase II of the Heron R~dge development The request ~s consistent w~th the recommendabons for development ~n the Transition Area as defined ~n the Comprehensive Plan Policy Document Residential development ~n the Transition Area should be secondary to the pnnc~pal object,ye of open space The golf course occupies approximately 205 acres of land area ~n and around the subd~ws~on Preserved wetland areas occupy an additional 175 acres of land The combined golf course and preserved wetland areas serve as the open space component of the subd~ws~on W~th the add~hon of these ten lots to the ex~stmg subd~ws~on there wdl be a total of 118 lots on 122 62 acres The density, therefore, ~s shghtly below the recommendation of a maximum traffic equivalent of one dwelhng unit per Heron's R~dge Properhes LLC Page 2 of 2 developable acre The apphcant has proffered the m~mmum s~ze of dwelling unit allowed and minimum extenor design features for the umts that are consistent w~th the ex~st~ng homes m the subd~ws~on This w~ll insure that the level of quahty currently established ~n the community ~s maintained Staff recommended approval, subject to the attached conditions There was oppos~hon to the request Recommendahons The Planning Commission passed a mohon by a recorded vote of 9-0 w~th one abstenbon to approve th~s request Attachments Staff Rewew D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submlthng Department/Agency Planning Departmen~%~/y City Manager q~ ~'~ ~J~ ~ HERON RIDGE PROPERTIES / # 1 November 13, 2002 (REVISED January 3, 2003) General Information: REQUEST ADDRESS Change of Zomng from AG-1 and AG-2 Agricultural Distncts to Cond~bonal R-20 Res~denbal D~stnct The northwest corner of Seaboard Road and Heron R~dge Lane M.p ]-~ Heron R~,dg~e Properttes, LLC AO'-2 GPIN ELECTION DISTRICT SITE SIZE 24036632030000 and 24036654280000 7- PRINCESS ANNE 6 21 acres Planning Commission Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page I STAFF PLANNER PURPOSE Faith Chr~sbe To rezone the s~te from AG-1 and AG-2 Agncultural D,stncts to Cond~honal R-20 Resident~al Distr~ct for the creation of 9 single- family res~denbal lots Major Issues: · Consistency w~th the Comprehensive Plan recommendations for the Trans~bon Area · Compatibility w~th the surrounding neighborhood Land Use, Zoning, and Site Characteristics: Ex~st~nq Land Use and Zonmq A single-family dwelling and several outbuildings occupy the property The s~te ~s zoned AG- 1 and AG-2 Agricultural D~str~cts Surroundmq Land Use and Zonm.q North South East · S~ngle-fam~ly dwelling / AG-1 and AG-2 Agricultural · Heron Ridge Lane · Across Heron R~dge Lane are s~ngle-fam~ly dwellings / Cond~bonal R-30 Residential · Seaboard Road Planmng Commission Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page 2 West · Across Seaboard Road are s~ngle-fam~ly and duplex dwellings / AG-2 Agricultural · Heron R~dge Drive · Across Heron Ridge Dnve is the Clubhouse and parking areas for the golf course Zomn,q and Land Use Statlshcs With Existing Zoning All of the pnnc~pal and conditional uses ~n the Agncultural d~stnct Some of the permitted pnnc~pal uses include agncultural and horhcultural uses, s~ngle- family dwellings (1 lot), fish hatchenes and flshponds and game preserves Some of the cond~honal uses ~nclude churches, cemeteries, commumty centers, golf courses, campgrounds and riding academies With Proposed Zoning N~ne (9) slngle-famdy residential lots The largest lot ~s 32,000 square feet and the smallest lot ~s 25,657 square feet Zomn,q H~story On July 8, 1997, under the provisions of Transition Area III of the prior Comprehensive Plan, rezomngs for Conditional R-30 and Conditional R-20 Residential d~stncts, several Subd~ws~on Variances, and a Conditional Use Permit for an 18-hole golf course were approved for properhes to the south and northwest of th~s s~te, now occupied by the Heron R~dge development The Conditional R-30 Residential d~stnct encompasses the southern portion of the development, the Conditional R-20 Residential d~stnct is located ~n the northem porhon of the development The golf course meanders through the 108 s~ngle-famdy home s~tes, occupying approximately 205 acres of the subdwls~on The development also includes an add~bona1175 acres of preserved wetland area The golf course and preserved wetland areas serve as the open space amenity for the subd~ws~on Subd~ws~on vanances were approved to allow reduced pavement w~dths, from 30 feet to 24 feet and the use of swales ~nstead of curb and gutter along the mtenor roads A reduction ~n lot w~dth was also approved for four lots ~n the Conditional R-30 Residential section of the subdlws~on Planmng Commission Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page 3 A~r Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana and NALF Fentress Natural Resource and Physical Characteristics The s~te ~s ~n the North Landing R~ver watershed The s~te does not appear to contain any enwronmentally sens~bve areas Public Facilities and Services Water and Sewer Water Sewer There are ten (10) Inch water mains ~n Heron R~dge Lane and Heron R~dge Dnve The subdivision must connect to C~ty water Construcbon plans and bonds are required There are e~ght (8) inch samtary sewer mains ~n both Heron R~dge Lane and Heron R~dge Dnve A s~x (6) ~nch sanitary sewer rome ma~n exists on the west s~de of the property The subd~ws~on must connect to C~ty sewer Pump station upgrades may be required Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP) Seaboard Road near th~s s~te ~s a two-lane collector / local roadway The roadway ~s not hsted in the CIP for any ~mprovements However, a nght-of-way reservahon for a future 110-foot roadway may be reqmred dunng detaded plan rewew The reservation wdl be taken from the centerhne of the ex~shng nght-of-way and may ~mpact proposed Lot 1 Traffic Calculations Street Name Present Present Generated Traffic Volume Capacity 2 350 ADT 6 200 ADT ~ Ex~st~ng Land Use ~ - 10 Seaboard Road ~ Level of c ....... Proposed Land Use 3 125 Planmng Commission Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page 4 l Average Darly Tnps 2as dehned by one s~ngle famdy dwelling 3 as defined by a ten-lot subdivision Schools School Name Current Capacity Change Enrollment Pnncess Anne 891 928 3 Elementary i Pnncess Anne M~ddle 1,424 1,615 2 Kellam H~gh School 2 200 1,995 2 'change represents the d~fference between generated students under the ex~sbng zoning and under the proposed zomng The number can be posfbve (add~bonal students) or negahve (fewer students) Pubhc Safety Police The apphcant ts encouraged to contact and work with the Cnme Prevention Off~ce w~th~n the Police Department for cnme prevention techniques and Cnme Prevention Through Envlrenmemal Design (CPTED) concepts and strategies as they pertain to th~s s~te F,re and Rescue No fire department concerns at th~s t~me Comprehens,ve Plan The Comprehensive Land Use Map ~denbfles the s~te w~th~n the Transition Area The Comprehensive Plan notes that resident,al growth ~n the Trans~bon Area is not to be considered as a continuation of growth ~n the northem secbon of the c~ty, but as a special type of growth w~th ~ts own development standards suitable to the atmosphere and character of the area Three of the pnmary cntena specified by the Plan for Plann,ng Comm,ss,on Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES/# 1 Page 5 development ~n the Trans~hon Area are 1 Demonstration to the C~ty Councd that the project estabhshes the res~denhal component as secondary to the open space component, 2 Demonstrabon to the C~ty Councd that the character of the project ~s m keeping w~th the character of the Trans~hon area, and 3 Demonstration that the project ~s developed w~th a maximum density of the traffic equivalent of one dwelhng unit per developable acre (or at a density that the C~ty Council concludes ~s m keeping w~th the pohc~es for the Transition Area) Impacting th~s change of zomng request, however, ~s the proximity of the subd~ws~on to the ex~st~ng Heron R~dge development and the fact that the subdivision w~ll become a part of the Heron R~dge development Thus, in evaluating th~s proposed subdivision, it must be considered ~n relabonshlp w~th the Heron R~dge development Summary of Proposal Proposal · The apphcant proposes to rezone the s~te from AG-1 and AG-2 Agncultural to Conditional R-20 Residential and to subd~wde the s~te ~nto rune (9) s~ngle-famdy residential home s~tes The lots wdl range ~n s~ze from 25,657 square feet to 32,000 square feet The majonty of the lots are rectangular ~n shape, meebng the minimum lot w~dth required for the R-20 Residential d~stnct The submitted lot plan depmts the budding setback envelope on each lot The s~te ~s adjacent to the Heron R~dge res~denbal development Heron R~dge Golf Club was developed ~n the late 1990s and ~s part of the open space component of the Heron R~dge subd~ws~on Another 175 acres of preserved wetland areas also serve as an open space amenity ~n the subd~ws~on The apphcat~on states that th~s request ~s Phase II of the Heron R~dge development Vehicular and Pedestnan Access The apphcant has proffered that ~ngress / egress shall be accomphshed from Heron R~dge Lane The intent of the proffer ~s to ~nsure that the lots are accessed from the subdivision streets and not from Seaboard Road The Heron R~dge subdivision was granted subdivision vanances for reduced pavement w~dths of 30 feet to 24 feet and the use of roadside swales instead of curb and gutter There are no s~dewalks ~n the subd~ws~on Plann,ng CommEss,on Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page 6 Architectural Des~qn · The apphcant d~d not submit any architectural elevabons but has proffered that the dwelhngs w~ll contain no less than 2,500 square feet of floor area, excluding garage, for one-story umts, and no less than 2,800 square feet of floor area for un~ts over one-story Each home shall have a garage for a m~mmum of two (2) automobiles The apphcant has also proffered that all the residential dwelhngs constructed on the property shall have ws~ble extenor surfaces, excluding roof, tnm, w~ndows, and doors, which are no less than 75% bnck, stone, stucco or s~mdar quahty matenals · These proffers are to ~nsure that the proposed dwelhngs are of the same h~gh quahty as those ex~stmg ~n the neighborhood Landscape and Open Space · Although landscaping for the lots ~s not shown on the submitted lot plan, developers of the s~te w~ll be required to install the m~mmum residential landscaping required by the Tree Planting, Preservation and Replacement Ordinance of the C~ty Code As an example, a lot of 33,000 square feet would require a m~n~mum of 1,000 square feet of tree canopy Fwe trees a m~mmum of 2 to 21/2 ~nch cahper would be required on the s~te The lot plan depicts a s~gn easement on proposed Lot 1 and ex~sbng Lot A, across Heron R~dge Lane A bnck entrance s~gn and landscaping ~s depicted ~n the s~gn easement Proffers PROFFER # 1 Staff Evaluabon When the property ~s developed ~t shall be subdivided and landscaped substanhally as depicted on the "LOT PLAN OF HERON RIDGE - PHASE I1", dated 08/13/02 and prepared by MSA, P C ("Concept Plan"), which has been exhibited to the V~rg~n]a Beach C~ty Councd and ~s on file w~th the V~rg~ma Beach Department of Planmng The proffer ~s acceptable It insures that the subject site w#l be subdlwded and developed according to the proffered lot plan Plann,ng Comm,ss,on Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page 7 PROFFER # 2 Staff Evaluabon PROFFER # 3 Staff Evaluabon PROFFER # 4 Staff Evaluabon PROFFER # 5 Staff Evaluation Vehicular Ingress and Egress for Lots numbered 1 through 7 shall be from Heron R~dge Lane and vehicular ~ngress and egress for Lots numbered 8 and 9 shall only be from Heron R~dge Dnve The intent of this proffer is to hm/t the lngress and egress to the proposed lots from the streets m the subdivision, and not from Seaboard Road The proffer ~s acceptable Each of the n~ne (9) lots shall be developed w~th a s~ngle family residential dwelhng conta~mng no less than 2500 square feet of enclosed I~wng area, excluding garage for one-story and no less than 2800 square feet of enclosed hwng area for dwelhngs ~n excess of one-story Each home shall have a garage for a mlmmum of two (2) automobdes The proffer/s acceptable This proffer defines the s~ze of the structures proposed for the subdivision The proposed umt size/s/n keeping w/th the surrounding homes All residential dwelhngs constructed on the Property shall have ws~ble extenor surfaces, excluding roof, trim, w~ndows, and doore, which are no less than 75% bnck, stone, stucco or s~m~lar quality matenals The proffer ~s acceptable It defines the type of budding mater/als to be used on the proposed dwelbngs The proposed building mater/als are m keeping wtth the surrounding homes Further cond~hons may be required by the Grantee dunng deta~ied S~te Plan rewew and adm~n[strahon of apphcable C~ty Codes by all cognizant C~ty agencies and departments to meet all apphcable C~ty Code requirements The proffer/s acceptable City Attorney's Office The C~ty Attomey's Off~ce has rewewed the proffer th agreement dated 13 of August 2002, and found ~t to be Plann,ng Comm~ss,on Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page 8 legally sufficient and ~n acceptable legal form Evaluation of Request The request to rezone the property from AG-1 and AG-2 Agricultural d~stncts to Conditional R-20 Residential d~stnct and develop n~ne (9) single-family res~denbal lots ~s acceptable The request ~s consistent the recommendabons for development ~n the Transition Area as defined m the Comprehensive Plan Policy Document Residential development ~n the Trans~bon Area should be secondary to the pnnc~pal objective of open space The golf course occupies approximately 205 acres of land area ~n and around the subdivision Preserved wetland areas occupy an additional 175 acres of land The combined golf course and preserved wetland areas serve as the open space component of the subd~ws~on W~th the addition of these ten lots to the ex~st~ng subd~ws~on there w~ll be a total of 118 lots on 122 62 acres The density, therefore, ~s slightly below the recommendation of a maximum traffic equivalent of one dwelling umt per developable acre The apphcant has proffered the m~n~mum size of dwelling umt allowed and m~mmum exter,or design features for the umts that are consistent w~th the ex~st~ng homes m the subd~ws~on Th~s wdl ~nsure that the level of quahty currently established ~n the community ~s maintained Staff recommends approval of the request to rezone the s~te from AG-1 and AG-2 Agncultural d~str~cts to Cond~honal R-20 Residential dlstnct for development of rune (9) s~ngle-famdy res~denhal lots NOTE Further conditions may be requlred during the administration of apphcable C~ty Ordinances Plans submitted w~th th~s rezomng appl~cabon may require rews~on durlng detaSed s~te plan rewew to meet all ap/=l~cable C~t~' Codes P lann,ng C omm,ss~on Agenda H E R O N( RR~ ~ I(~EE ~ RJE~aUEaRrYTi3i=',~ 7 f~3~ Page 9 blt ~11 ,il Planning Commission Agenda ~} (REVISED January 3, 2003)~'~ HERON RIDGE PROPERTIES ! # 1 Page 10 Planmng Commission Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES / # 1 Page 11 CONDITIONAL REZONING C£1 ~' OF VIRGINL4. BEACH DISCLOSURE STATEMENT PROPERTY OWNER DISCLOSURE the ap~hc~nt ~s a PARTS'ER.S~IP FIRM o oth-r UN'INCORPORATED ORGANIZATION h t al CERTIFICATION I ceraf) that the mforrnatwn cont~tned kere~n Is tr~e and accurate Planning Commmssmon Agenda (REVISED Janua~/3, 2003) HERON RIDGE PROPERTIES ! # 1 Page 12 CONDITIONAL REZONING CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT PROPFA~T'x OWNER DISCLOSURE Ifth~propertvownerlsaCORPORATION hstfiloffice~oftheCorporatlonb¢iow (Atmch hst q nece sar~ PARTNERSHIP FIRM ox m~er UNINCORPORATED ORGANIZATION I st If rite agphcant ts not the current owner of the property complete the 4pphcant Dtxclosure sectton btdow APPLICANT DISCLOSURE U~heapphcaN~saCORPORATlON ILst~loffice~oftheCorporattonbuloa iAttachl~t~nece$$ary) Thoraa C ~ro~les ~ana~zn8 Member If thc apphcam is a PARTNERS}'HP FIRM or ¢:her UNINCORPORATED ORGANIZATION CERTIFICATION l cerCtf) that the reformation contained hereto ts true and accurate S,~ Planmng Commmmon Agenda (REVISED January 3, 2003) HERON RIDGE PROPERTIES ! # 1 Page 13 Item #1 Heron Ridge Properties L L C Change of Zoning District Classification Northwest comer of Seaboard Road and Heron Ridge Lane Dlsmct 7 Pnncess Anne November 13 2002 REGULARAGENDA Ronald Rlpley Mr Miller would you call our first item We're going into our regular agenda now Items that have opposition or that need explanation to the public will be heard now Go ahead Bob Robert Miller Alrtght Item #1, Heron Ridge Properties, LLC Eddie Bourdon Thank you Mr Chmrman members of the Planning Comrmsslon My name is Eddie Bourdon a V~rglma Beach attorney and it's my pleasure to represent Mr Tom Broyles and Heron Ridge Properties on this application I will keep the comments brief, as I believe the Planning Commission is fully apprised from the staff write up of the merits of the application The staff has recommended approval The request is for the conversion of some farmland adjacent to Heron Ridge Lane into the entrance to the Heron Ridge subdivision and golf course It's intent is R-20 building lots of an average size of 27,000 square feet The subject property is owned by Joe Burroughs and his wife and they have owned this property for decades Most of the golf course property was at one time their property and EV Williams Group bought that property originally for a borrow pit and it evolved into what we have today which is one of the jewels of the city jewels of the transition area as well m terms of absolutely gorgeous homes on 30,000 and 20 000 square foot lots At the time this went through the process I had the pleasure of representing him through many liberations And it was at all times that this subject property was under option to EV Williams But it was at the Burroughs discretion as to when they would sell the property And they have resisted selling the property and it was only now that a deal has been struck with Mr Burroughs getting involved to put this into Heron Ridge which has already been anticipated to the fact We maintained a strip along Heron Ridge Lane we being EV Williams for that specific purpose As we discussed this morning the appearance of the property, not that its anything I would call awful or anything like that, but it doesnt really fit in with the community that's been created there And so I ye heard numerous times throughout the representation of the Homeowners Association, with its decorative control how they would like to see that turned into houses, and now it s finally happened But it is not without some econormc risk and econormc investment to make that happen It s all been anticipated this would be the case and that s where we are today This property will be subject to the same deed msmcuons that adhere for Heron Ridge The homes will be the same types of homes that exist in Heron Ridge, very high quality up to a half a rmlhon dollars or mom in value, if there is any doubt about the fact that it s going to be a high quality addition to the development And it is the only addition to the development There is no other property Item #1 Heron Ridge Properties L L C Page 2 that could be added to ~t We knew th~s was gotng to happen And now it s actually going to be able to happen It s a proffer rezomng so the proffers are obviously acceptable to the apphcant I understand that there mxght be some folks here to speak and I would want to have the opportumty to speak after they do m terms of what their ~ssues are I would mention that Ive been told there was an ~ssue of the side loading garages that s what extsts m Heron R~dge That s what would exist here on all of those lots I m not sure what other ~ssues are to address I will wmt to address those after we hear them Ronald Pdpley Thank you very much Is there anybody else'~ Is there anybody else ~n favor of the application? Mr Miller> Robert Mxller Sally Colley~ Ronald Rlpley Is these ~n opposition'> Robert Miller In oppos~tmn Sally Colley Good afternoon lad~es and gentlemen I own the property to the right along the strip of land that there ~s a house in the mtddle of the three-acre site Because it ~s a httle confusing what I'm going to talk about here, perhaps I better pass these out Over five yea.rs ago I purchased th~s property along Seaboard Drive because of the rural semng and open spaces When we were nonfied of the proposed Heron R~dge Subd~v~sxon my husband and I had several concerns My husband expressed concerns to C~ty Planner Bill Gambrell who was handhng the proposed sub&v~s~on Mr Gambrell smd that we should be thankful that a soccer field or a borrow p~t wasn t going there He told my husband that our home would have the best vtew because we would be looking down the 18t~ hole of the golf course When my husband asked about the small p~ece of land between the golf course and us Mr Ga.mbrell promised and assured us that nothing would be built there to block our view because the lot was much too small He gave my husband a copy of the Phase II proposal, which called for 30,000 plus square foot lots, which you have before you The second page being the blown up version so you can read that a httle better Those 30,000 square foot lots, as you can see are actually what ~s now ex~stmg across the street at the entryway Given th~s ~nformat~on in good froth, we d~d not attempt to d~smpt the development Having been assured that our quahty of hfe would remain It ~s not We now have several less than attractive maintenance braidings 100 feet from our master bedroom window which not only obstructs our v~ew to the right but also ~s becoming our daffy 5 30 AM wake up call from the nmse of the eqmpment We remain good neighbors and have not complmned The developer however has never made an attempt to buffer us from these facilities Tins has fomed us to spend $10 000 last spnng to build a privacy fence And if you go back and look at some p~ctures, you wall see the fence wrap around our yard Keep going See the fence to the left Our house is to the left and there's a long fence Because I believe we're looking at the backyard here, so the fence wraps around the whole property We had no choice but to do with our three chddren and the goings around there So now the Item #l Heron Ridge Properties L L C Page 3 developers are now attempting to change the original Phase II plan He s calling for 20 000 square foot lots In the project description of the rezomng request he states it has always been the intent that the final piece of the puzzle would be added when Mr & Mrs Burroughs our neighbors decided to move This factor was known by all party's when this project when through the zoning and development review process The Burroughs are ready to move, and this application would add the final ten lots to the community What he finis to state Is that original intent included our land If you do a quick little math a piece of the puzzle that he is failing to mention clearly is an attempt to make even more money on e~,en less land He now proposes to put ten lots on 6 2 acres instead of 9 2 acres which included our land Promises and expectations are being broken if this is allowed The big developer stands to gain while we stand to lose Any time you change the contour of the land it affects the drainage There is currently a drainage ditch that carries away the water from our yard and the property to be developed If this ditch is covered or later ends up behind the fences of the new homeowners we would not be able to maintmn it and our yard would lose it s drainage causing flooding Take a look at Seaboard Forest entryway If you want to drive by For instance Mr Tom Broyles said that he would have his engineers take a look at this potential problem We feel that we have been good neighbors and suffered enough We would like to keep the quality ofhfe and enjoyment of our property we have left In closing I would like to ask for the understanding of the Planmng Commission We request that the City honor their promise and keep the original proposal of 30 000 plus square foot lots And therefore, not allow the parcel behind us to be bufldable We would also ask the City make sure that this new development would not create flooding on our property which is a big concern of ours Currently and as I have mentioned, we have spent $10 000 building a privacy fence around the back part of the lot which we have never planned to do We also by the Burroughs suggestion Joe Burroughs came to my husband while we were building the fence and said ' Marley go ahead and build the fence on our back lot, you know it s not going to be built on Go ahead and do it ' And we did We spent $11 000 building on that lot, and he said go ahead and use it for your dogs to go in the back there So the whole thing has been a big disappointment for us Thank you for your time Ronald Ripley Thank you Are there any questions of Ms Colley'~ Okay Robert Miller Okay in opposition is Mr John Buckley John Buckley Good afternoon Vice Chairperson Wood and Mr Chairman Rlpley I stand before you this afternoon as a resident of Heron Ridge Estates And also I'm serving currently as the Chairman of the Design Review Committee for Heron Ridge Estates Community Association One of my responsibilities is to ensure that the declaration of protective covenants conditions and restrictions that was deeded to the City in January of 1999 is upheld With the addition the annexation of this property to Heron Ridge Estate and also that those homes would be asked to follow our guidelines Mr Bourdon has indicated compliance but the condmons seem to be a httle bit vague So we d hke them to directly agree to acknowledge these guidelines Would you like me to submit these`> Item #1 Heron Ridge Properties, L L C Page 4 Ronald Rlpley Yes please Dorothy Wood Thank you sir John Buckley That's all 1 have Ronald Ripley Any quesnons9 Dorothy Wood So you would be happy s~r if they did Iollow the gutdehnes'> You d be happy w~th the development° John Bucldey I can speak personally and on behalf of several ot my neighbors who are not present I'll let someone else speak for the assoclanon We would prefer to see perhaps fewer driveways d~mctly on Heron R~dge Lane because of the high traffic volume especially during tournament seasons And also so it s not to have a negative impact on the property values of the homes on the other side of Heron R~dge Lane even though I'm not one of those homeowners Thank you Ronald Ripley Thank you Robert Miller Also in opposition Ernest Buzzy Emest Buzzy Thank you Mr Chmrman, comrmss~oned members my name is Ernest Buzzy and I reside at Heron Ridge E~tates We re not opposed to the development We do have some concerns that 1 would like to voice about safety of the situation ff tt goes at planned The proposal for Heron R~dge Estate Phase II would mean the construction of eight ad&t~onal homes on the north s~de of Heron Ridge Lane between Seaboard Road and Heron Ridge Drive The proposal would be to keep the same street width 24 feet v, lthout an) cons~demtmn for the additional e~ght new homes Each proposed lot would be approximately 100 feet w~de Currently, them are four homes located on the south side of Heron Ridge Lane The e~ght addmonal home sites would triple the activity on Heron Ridge Lane as far as driveway and egmqsfingress trash receptacles tn the street stopped trash trucks school bus acnvtty and chfldmn at play The placement of lot one will create a driveway w~th~n 100 feet of a bhnd right turn for southbound traffic on Seaboard Road Solutions9 Reduce the number of lots on Heron Ridge Lane from eight to six for a total of e~ght lots Increase the present street w~dth from 24 feet to 30 feet Have a small teardrop divider at the entrance off Heron R~dge Lane separating incoming and outgoing traffic Have two lanes for e~es~ traffic on Heron Ridge Lane at Seaboard Road one for left turn and one for right turn only Lot one should be altered m design to g~ve more width to the right turn lane on Seaboard Road and help reduce the bhnd right turn This can be achieved by reducing the number of lots as suggested tn number one It doesnt show ~t as on th~s drawing but the one that is ~n md wdl indicate if you' re traveling southbound on Seaboard Road and you turn into the development it's a blind right hand turn You can't see what's down the street untd you negotiate that turn and as proposed within the first 100 feet there s going to be a driveway There are other facts Item#1 Heron Rtdge Propentes L L C Page 5 that should be taken mto consideration as to the proposal that being the traffic Heron Ridge Golf Course wtll play apprommately and thts is an approximate figure, 30 000 rounds per year Two thirds of the golfers drive their vehtcles to the golf course that would be approximately 20 000 vehicles entering and exiting our commumty by Heron Rtdge Lane which ts the only way in to the netghborhood Olten at rimes speeding vehicles are observed entering Heron Rtdge Lane on the v, av to the golf course further tncreas~ng our concerns for safety on a narrow congested entranceway To further impact the problem at times overflow parking from the golf course causes vehtcles to park on Heron R~dge Lane I would like to wtthout gomg ~nto a whole lot ofdetad confirm what Mr Buckley had prevtously smd We would hke the same covenants the same restncnons and that we would hke representatton wtth the Destgn Revtew Committee wtth that representation being w~th voted power Other tssues or concerns that have been vmced w~ll there be negat,ve water table tmpact for extstmg properties tn Heron R~dge Estates when the proposed property ts developed'~ And, was this area included In the study made by the City on the impact of the borrow ptts tn the area of Pnncess Anne Road and Seaboard Road as related to water tables? Our homeowners are concerned that unless these safety changes are invoked the values of our homes wtll adversely be affected, even less comparable neighborhoods have entrances destgned to ~mprove safety of hxgh traffic areas for residents and thetr chtldren We request due to damages caused by tnstallatton of water and sewer p~pes dunng the constmctxon whether ~t s slx houses of etght houses on Heron Ridge Lane and there wall be sewage and a water hne coming out tn the street that after constructton the City repave that entrance road instead oir merely patching holes I 11 be glad to answer any questtons I do have a number of people and if you'll stand that represent our community here today And additionally I have two letters for you from those who could not attend whtch I 11 leave Ronald Rtpley Okay We do have some questtons Dot Wood has a questxon Dorothy Wood Captmn, I just have a really qmck quesnon for you I know w~th your experience tn pohce work you certainly know a lot more about safety then we do, but if you made Heron Ridge Lane larger wouldn't that make the traffic go faster and be less safe for the people there? Ernest Buzzy I don t really thxnk so I think that, you know, if tt remams at the same 24 foot width, and you have eight garbage cans on one side and four on the other and the one s that are there now stt tn the street because there ts no other area for trash p~ck up that ~s going to make the street more congested I don't think that addmg addtttonal wtdth wall tncrease the speed Dorothy Wood Thank you Ernest Buzzy And that s something we could always address by our enforcement Ronald R~pley Let me ask a quesnon Is the street over crowded now with the golf trai-flc, because ff the golf course is there Item #1 Heron Ridge Properties L L C Page 6 Ernest Buzzy The golf course is there and it s only m the summer time during tournament activities, during the normal course of the day no But durxng tournament act~vmes where they may have tee t~mes m the morning and tee times in the afternoon definitely And not only is Heron Ridge Lane affected but Heron Ridge Drive in both directions from the entrance of the golf course I,~ there parking on the road? There s a lot ot parking at times That s not an exery day occurrence Ronald Rlpley Any other questions`) Thank you very much Ernest Buzzv Thank you Mr Bourdon did you wish to rebut~ Eddie Bourdon Just a couple of points The thing I mentioned before and I'll say it agmn when we did and I was ~nvolved since day one, and Rick Burroughs here as well there s a strip of land adjacent to Heron Ridge Lane that is subject to the restrictions and every one of these lots wtll be platted using that land Th~s land will be subject to the same deed restrictions The comrmttee and we had that turnover meeting a few months ago made a statement, and Mr Burroughs reiterated it you know the comrmttees the Buckley s Association his Design Review Committee will be part of approving the plans on everyone of the houses on every one of these lots No tssue about that Second issue along Heron Ridge Lane, the north s~de because of the appearance of the property that we re talhng about today, we were from day one encouraged by everyone, and our own marketing people so we plant screening all along there and to screen the houses on the south side of Heron Ridge Lane so that when you come around that curb which you're slowing down to come around the curb anyway, I can't imagine anyone cormng around that curb at speeds much more than 25 MPH but I m sure there are some reckless people, but that buffer, you see it there on your left, that will now come down It will no longer be a blind mm as it is today because we are no longer going to be buffering the homes from the barns and the agricultural operation on the Burroughs property That issue is resolved in that fashion We will also connect the comer lot, I th~nk it s lot 8 that we'll put a driveway in from Heron Ridge Drive as opposed to Heron R~dge Lane which reduces down to seven drp. eways Agmn on 26,000 square foot lots essentially we certainly don t beheve there's going to be any safety issue We don t want any safety issues to exist Tom had also indicated to the extent that there is any kxnd of over flow parlong problem because of the golf course there are areas they can direct people to park on the golf course area, green areas that will not involve any parking on Heron Ridge Lane But the guidelines will be upheld As far as Ms Colley s concern about the drmnage We have talked to the engineers In fact their property was elevated and does drmn onto the Burroughs property without a drainage easement is of no consequence We are going to see that ditch remmns a drmnage way and an easement will be put on that d~tch so that is not going to be an issue Her other issue, there was never any plan prepared that involved the property that she and her husband bought from I believe the Dales, that was never a part of any plan There was never any option on that property 1 don t know where that ~dea came from but I have been involved with this project over a dozen years and that just didn t ex~st So that part I don t know where that came from There was never a plat or a plot showing a certmn number of lots There are today 108 Item #1 Heron Ridge Properties L L C Page 7 lots at Heron Ridge 57 of those lots are 30 000 square foot lots 51 are 20 000 square foot lots Of the 57 that are 30 000 square foot lots there are number of them one s 104 feet tn width There are actually a total of eight or nine lotq that are 125 in width or less In the 30 000 square foot section R30 R-20, 100 foot frontage is what s required on all of those lots as far as mlmmum Granted the lots on the south side are wider, and they m shorter to accommodate the golf course but these lots ,are comfortable in size and we wtll certmn]v and have agreed to set the houses back on these lots 60 feet from the front property hne as opposed to 50 which ts the case on the opposae side And no doubt it ts gotng to be same h~gh quahty development I 11 be happv to answer any questions Ronald Rtpley Any questions of Mr Bourdon° Doff' Dorothy Wood Mr Bourdon do you think Mr Burroughs would be wflhng to repave the areas of the street that are tom up that I think Captain Buzzy or someone mentioned rather than malong sure they weren t patched because I think that was a btg concern Eddie Bourdon I do beheve that s a C~ty msue Dorothy Wood It rmght cost extra money Eddie Bourdon They may be required to do that as part of the development of the property, all these lots have Ctty water and city sewer There was one reference about the water table I don't even know how that came into this We're not using wells so but anyway As far as paving the road, Ws concern that ~s going to be something that staff will deterrmne when the work is actually done as far as hooking into the utflmes the sewer hne Dorothy Wood Just patching, I think that was a concern of lot of the neighbors Eddie Bourdon Given the heavy traffic, tts relevant 1 mean th~s ts not a large development But given that ~s the maan ~t s the only entrance/exit from the commumty, tt ts essentml that road be mmntamed in good condition We fully agree with that and clearly staff ts going to make sure that ~s the case Ronald Ripley Betsy Atkmson has a question Betsy Atlonson Eddte I know Mr Burroughs, tn good froth will include the Design Review Committee recommendanon Is there anyway we can add a condmon that the development will adhere to the Heron Ridge Design and allow the Destgn Rewew Comrmttee to review the arctutectural style of the houses built there? Eddie Bourdon What I m saying to you, certmnly you can t thts ~s not a use permit it s a rezonlng wah proffers What I m saying to you ~s that the property ts a part of every one of these lots, not all the lots but every one of these lots wtth, excuse me I rmsstated w~th the exception of the two lots to the north west that are on Heron Ridge Drive all of Item # 1 Heron Ridge Properties, L L C Page 8 the other eight lots a portion of each of those lots Is on a prece of property that is a part oi the Heron Ridge Community It rs already subject to those deed restnctrons That property could not be a part of these lots without complying with those deed restrict,ohs And they have to comply and they wdl comply And as far as the other two lots are concerned we m all ~aylng they will comply I don't know what else we can do but the community knows and Mr Townsend President of the Association is well aware I don't thrnk If you asked them they re going to have any problem with I think they want to get it on the record, it s absolutely going to be part of the Assocratlon and their Design Review Committee will apply the same roles to the houses built here as to the other houses in the community Ronald Rlpley Sounds hke a yes to me Bob you got a quesnon'~ Robert Vakos Eddie Mrs Colley brought up some issues I aqsume ~t s a maintenance building that s m the rear of her property Do you care to comment on that9 Do you know anything about 1t9 Eddie Bourdon No Honestly Bob I do not know Sounded hke from what I was understanding that it is now screened by fencing I'm sure that it is where the equipment that cuts the grass, I m sure they do take equipment out early in the morning I heard primary concern being drmnage and then the rssue of the size of the lots And the drainage we are prepared to assure her that even though there's not an easement we will provide one to that existing drmnage ditch Robert Vakos Well Agmn, I confess ignorance to the s~te, especxally in that direction but I would assume that if them were a mmntenance facxhty back there for the golf course that the scmemng of that would be the responslblhty of the golf course, not necessarily Mr Colley Eddre Bourdon I understood that there was screening There rs screening I thought the case was that at the time they bought the house and the property was developed, the Heron Ridge property that there was a screen I was unaware she smd there is still a screen Robert Vakos I guess that fact that she had put a fence up them it was the fact To me, I read that as she put the scmemng up And I m not sure And I guess I 11 ask staff is that a reqmmment for screening along a Robert Scott Well, I think them may be a screening issue but I think ~t has to do with the relationship between the golf course and th~s other piece of property and not the piece that we re talhng about today It s k~nd of on the other side of the property as ] understand it and as we talked about today Robert Vakos Okay Alnght You dldn t address it so that's why I thought I would bnng ~t up Item #1 Heron Ridge Properties L L C Page 9 Ronald RJpley John Baum has a quesnon John Baum If you re gotng to have lot #10 I wouldn't think that you would have any goll course equipment or anything else Tom Broyles Eddie, we 11 put up a s~x-foot fence Eddie Bourdon We'll put up a SlX-foot fence Tom Broyles Between the mmntenance building Eddie Bourdon And Mrs Colley s property Tom Broyles We already have fences on both s~des but we 11 put one up stanng that they d~d to block off the whole property So actually they re doing it, more than just the mmntenance building But we wtll put a fence up a SlX-foot fence Robert Vakos Okay Ronald R~pley John you had a question9 John Baum I was wondenng what they were going to do with lot 10 I thought they would sell ~t for a house Eddie Bourdon We are John Baum Are you mil going to have some mmntenance eqmpment there~ Eddie Bourdon No Did I say we were going to have mmntenance equipment on one of the lots'~ If I did I rmsspoke No sir No, the maintenance ~s on the golf course property It's not on any of these lots whatsoever Ronald R~pley Eddie is there a de-acceleration lane We drove there and it seemed hke there was some sort of de-acceleration lane Is it very large'~ Eddie Bourdon No Ronald Rtpley Can you expand that a httle blt'~ I mean, that m~ght elevate some safety Eddte Bourdon I'm not m a posmon to be able to answer that question Just simply, I haven t the opportumty to take a look at it Ronald Rlpley Mr Scott would that come up ~n site plan rev~ew'~ De-acceleration lane~ Item #1 Heron Ridge Properties L L C Page 10 Robert Scott I think there s a number of issues here brought up that ha,,e to do with the w~dth of the road the entrance and so forth I think that s beyond the scope of what we should be looking at in detail today and I think tt can be taken up dunng subdivision review Ronald Rlpley Okay Eddie Bourdon The biggest issue is with the blind nature of It other than the s~gn that is on the comer, is the solid row of screening along that will be gomg away Ronald Ripley Will do you have a quesnon') William Din Yeah I guess what I just understood Mr Scott to say ts the width of the road will be considered during site review because tt does appear to me that it is a very narrow road on Heron Ridge Lane Robert Scott I think Captaxn Buzzy brought up a very interesting issue Let s talk for a minute about the golf course and the traffic that would be associated with the golf course It vanes a lot over a course of let s say a year I suppose on a day hke today there is virtually nothing But on a nice summer day especially il they are having a tournament going on, there is probably considerable Generally speaking I would say that the average out over a period of time that the amount of traffic that would be generated by a golf course ts going to equivalent to about the tratflc generated by roughly 20 mom houses So you got 108 out them now you got ten mom proposed plus say 20 more for the golf course you re looking at about 140 houses where the traffic is equivalent of that, and I still tlunk that road is probably okay It s worth looking at But I think our engineers would have to look at it in conjuncnon with the developer and h~s consultant but my guess is they'll find it to be okay but we should look at it, but it s more of a detailed technical issue And I think if there s issues being brought up about the nature of the pavement whether it exists today or as it ts going to be alter ~ts dug up to put utilities in we can slrmlarly look at that issue Ronald Ripley Yes Will~ William Din A couple of other comments I thank them was a comment made by Mr Buzzy about the driveway on lot #I9 Do we have any idea on how that can be repositioned* It does seem fairly close to the intersection them I think there ts a acceleration lane cormng off of Seaboard Road going south making a right hand turn into there, but the driveway ts fairly close to them How wide is that lot? Eddie Bourdon That lots a little over 100 feet in width The driveway on the opposite side is also within a 100 and the lot on the other side is also within a 100 feet of the entrance Certmnly, again, with the vlsiblhty increased we cenmnly will agree that the driveway w~ll be placed on the far west end of that initial lot but we re talking about a distance here, it wlI1 be over a 100 feet from where the vehicle ~s turning into the Item #1 Heron Ridge Properties L L C Page 11 community would make that turn and that should provide ample room for a vehmle that ~s under control operating m a normal fashion to be able to avoid someone backing out And also when I m on Heron Ridge Lane I can t see anything that is coming down Seaboard Road and when I m on Seaboard Road I can t see Heron R~dge Lane today because of the screen that Is entirely across the frontage of this property on Heron R~dge Lane When that is gone which will be the case then you will have clear v~slblhty both as you re leaving Heron Ridge Lane and as you am pulhng out of the driveway By setting the house back further which we agreed to do on the lot you get plenty of vls~bfilty if you are baclong out of your driveway on that first lot of traffic on Seaboard Road and franld)~ if someone ~s not paying attention I guess you would have a conflict But the traffic volume other than during tournament event when everybody's coming m to tee off at a certmn time ~s just not that s~gmficant that someone can't easily get out their driveway Once you don't have that blindness that is created now by the buffer Ronald R~pley Any other quesnons'~ William Din Two other comments Just for the commission's clanficauon The two maintenance buildings off of Lynx Court them the two long horizontal bufldsngs those are the two maintenance buildings that they're talkang about and I m not sure where the new fence is going to go in relation to that, but it appears if the other property has fencing, wouldn't it be more appropriate to have some lond of landscaping in that area rather than another fence or something') I don t know where the fence that Ms Colley put up exists, but if it's around the property there I don't know what is on the other side as far as landscape Another fence ~s not going to do the job that landscaping will probably do And I don t know if you addressed I guess you addressed the httle open spot on the other side, the trapezoidal area at the end, Lot 10 You smd they were not plotted on the original? Ed&e Bourdon None of this property was platted originally It was always anticipated that at some point we would be able to exercise the option w~th the Burroughs and add it to Heron Ridge But ~n terms of a specific subthws~on of a certain s~ze lot or any of that never existed And this p~ece of property that ~s now the Colley property which they owned for five years, and it ~ been going for over twelve that was not involved It was owned by I believe by the daughter and son-m-law of Mr & Mrs Burroughs but they were never under any k~nd of contract with EVW There was never any inclusion of that which was planned for th~s piece of property There was never a subdivision done that I've ever seen or anyone would have seen That ~s how lots were supposed to be Ired out It just dldn t ex~st It was anticipated that it would be a part of Heron R~dge at some point because of that option that everyone agreed that ~t ought to be They weren t prepared to move Ronald Pdpley Would you either or on the landscaping for the fence? I mean that s something that you need to work out Eddie Bourdon Well frankly I don't know where we would put the landscaping Item # l Heron Ridge Propemes L L C Page 12 Tom Broyles If you all have been over and looked at this this ts really trees all the way down through here Now what I've suggested was put up a fence right here The5 have fenced in all this They got like a SlX-foot fence going all the wa5 around here and all the way back around here Ronald Rlpley So the fence Mr Broyles is over by the area right there) Tom Broyles This ~s the old road that used to go into the Pinto ndmg stables I think it was originally intended by me that would be the entrance because it's quite pretty with a lot of trees We don t use ~t because the City dldn t want us to access out there That is the reason why I put the maintenance over here You think it would be to access the road A lot of that traffic would go back into the community Ronald Ripley Will does that answer your question~ Ma'am Were you thinking that the fence was going to mn along the back of the lots William Din I dldn t know where he was locating the fence I just wanted to leave open you know that landscaping would be more appropriate than another fence in that area Tom Broyles Right now it s fenced down this way and fenced thns way and we I1 put a fence here, if that's what you desirer The golf course is over here so they will in turn be objecUonable Ronald Rlpley Okay John Baum ha~ a question John Baum Well, not a question, an edxtonal comment To develop a nice golf course community and then have this strip of land that s going to be there sometime and walt five years ts what s causing a lot of thls problem To malntmn a little piece of farmland an old barn of some sort never made any sense and that's part of the problem I just wanted recognize the farm is what I think is wrong Ronald Ripley Okay That s everybody that wishes to speak, I believe We re open for discussion Does anybody have comments or questions ~ Motions$ Cat got your tongue9 What s going on'~ Robert Vakos It's an active group today huh~ Mr Chairman I 11 move that we approve the apphcatlon with the proffers as stated I don't beheve there are any conditions with the understanding that the comments made by Mr Broyles and Mr Bourdon will become part of the application as to the addressing of the fence that we ye talked about as well as the mmntenance of the road after the construction And with the understanding that at site plan review the staff will be looking at the road width and come to some understanding with the apphcat~on at that point So, again I'll move to approve the application Ronald R~pley We have a motion to approve Do I have a second~ Item #i Heron Ridge Properties L L C Page 13 Betsy Atk~nson I'I1 second it Ronald R~pley Seconded by Betsy Atk~nson Betsy Atklnson I'm also kand of reiterating what Bobby smd I think Mr Scott gave you h~s comments with ail h~s points ~n ~t that they wall review when you go through the subdivision re,~lew Robert Scott I have the comments that were made here verbally Betsy Atk~nson That he made Ronald R~pley Okay we're ready to vote Robert Mdler I need to abstain My firm is working on the project Ronald R~pley So noted AYE 9 NAY 0 ABS 1 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABS ABSENT Ronald R~pley By a vote of 9-0 w~th one abstenuon, the morion passes City of Virginia Bcach I TER-0FFICE CORRESPOIq ENCE In Reply Refer to Our File No DF 5636 DATE Januaqe 3, 2003 TO Leshe L Lflley DEPT C~ty A~omey ,,.% FROM B Kay Wflson~~ DEPT City A~omey Conchtlonal Zomng Apphcatlon Heron Ridge Propertaes, L L C, et als The above-referenced condmonal zomng application is scheduled to be heard by the C~ty Council on January 14, 2003 I have reviewed the revised subject proffer agreement, dated August 13, 2002, and have determined it to be legally sufficient and an proper legal form A copy of the agreement ns attached Please feel free to call me if you have any questions or w~sh to discuss this matter further BKW/sat Enclosure I AttULV & LL'VY PC HERON RIDGE PROPERTIES, L L C , a V~rguna htu,ted habthty company JOSEPH E BURROUGHS and JACK P BURROUGHS, husband and vale EV%V GROUP, INC, a V[rgnna corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a mumcupal corporataon of the Common~vealth of Vrrguna THIS AGREEMENT, made th~s 13m day of August, 2002, by and between HERON RIDGE PROPERTIES, L L C, a V~rgn'na ],m~ted hab~ty company, Grantor, ~arty of the first part, JOSEPH E BURROUGHS and JACK P BURROUGHS, husband and wife, Grantors, parhes of the second part, EVW GROUP, INC, a V~rgm~a corporation, Grantor, party of the thud part, and THE CITY OF VIRGINIA BEACH, a mumc~pal corporalnon of the Commonwealth of V~rgnma, Grantee, party of the second pert WITNESSETH WHEREAS, the parttes of the second part xs thc owner of a certain parcel of property located m the Pnnccss Anne Dxstnct of the C~ty of V~rgnua Beach, containing apprommately 5 58 acres which ~s more parbculaxly described as Parcel 1 m Ex.h[b[t ~A~ attached hereto and incorporated hereto by tlus reference, wi'ach parcel, along vath Parcel 2 ~s hereto referred to as the 'Property~, and WHEREAS, the party of the third part Is the owner of a certain parcel of 'property located m the Pnncess Anne D~stnct of the City of V~rgmm Beach, contarrnng appro~nmately 20,467 square feet wi'ach ~s more par~cularly described as Parcel 2 m Exl-nb]t 'A' attached hereto and incorporated hereto by reference, wluch ~arcel along vath Parcel 1 ~s hereto referred to as the ~Property', and WHEREAS, the party of the frrst part as contract purchaser of the Property has unbated a concht~onal ~mendment to the Zoning Map of the C~ty of V~rgnua I Bcach, V~rgmm, by petition addressed to the Grantee so as to change the Zonmg Class~ficatton of the Property from AG-1 and AG-2 to Conditional R-20, and GPIN 2403-66-5428 9403-66-3203 { ~'Y{~S {~OURDON AtIUIN & [k-VY PC WHEREAS, the Grantee's pohcy is to provade only for the orderly development of land for various purposes through zonuag and other land developuaent legaslaUon, and WHEREAS, the Grantor acknowledges that the couapetmg and souaetmaes incomparable uses conflact a_nd that m order to permit dfffenng uses on and m the area of the Property and at the same ttme to recognize the effects of change, and the need for various types of uses, certain reasonable concht~ons governuag the use of the Property for the protecUon of the commumty that are not generally apphcable to land SLrmlarly zoned are needed to cope vath the mtuat~on to winch the Grantor's rezonmg apphcatxon 8~ves rise, and WHEREAS, the Grantor has voluntarily proffered, m w~utmg, ua advance of and prior to the pubhc hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, ua addition to the regulalaons provided for the R-20 Zoning District by the ex~st~ng overall Zonnag Ordinance, the fo]lowing reasonable cond]laons related to the physical development, operatmn, and use of the Properly to be adopted as a part of smd amenduaent to the Zoning Map relative and apphcable to the Property, wl~ch has a reasonable relation to the rezonmg and the need for winch is generated by the rezonmg NOW, THEREFORE, the Grantor, for :tself, its successors, personal representahves, assigns, grantee, a_nd other successors m ttfle or interest, voluntarily and w~thout any requzreuaent by or exaction froua the Grantee or its governing body a_nd v, uthout any element of couapuls~on or qmd ~ quo for zonuag, rezonmg, rote plan, budduag permit, or subdlv~mon approval, hereby uaake the following declaration of conditions and restnchons which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaraUon shall constttute covenants rurma_ng vath the Property, winch shall be buaduag upon the Property and upon all parties and persons clalmmg under or through the Grantor, :ts successors, personal representatives, asmgns, grantee, and other successors ua interest or Utle 1 When the Property ;s developed it shall be subchvxded and landscaped substanlaally as depacted on the 'LOT PLAN OF HERON RIDGE - PHASE II', dated 8/13/02 amd prepared by MSA, P C ("Concept Plan'), winch has been exhibited to 2 I S V gL'S, §OURI)ON A]{U~N & 1_~ PC the V~rgmla Beach City Council and ts on file vath the V~rgm,a Beach DepmLu~ent of Plarmmg 2 Vehicular Ingress and Egress for Lots numbered 1 through 7 shall be from Heron Padge Lane and vehicular regress and egress for Lots numbered 8 and 9 !shall only be from Heron Pddge Drn,e 3 Each of the nme (9] lots shall be developed vath a smgle fam{ly resldenhal dwellmg contammg no less than 2500 square feet of enclosed hvmg area, excludmg garage for one-story and no less than 2800 square feet of enclosed hvmg area for dweIlmgs m excess of one-story Each home shall have a garage for a mmn'num of two (2) automobiles 4 All remdent~al dwelhngs constructed on the Property shall have v~sible ex-tenar surfaces, excludm§ roof, trnn, windows, and doors, winch are no less than 75% brick, stone, stucco or s,m~]ar quahty materials 5 When the Property is developed, the 'SUPPLEMENTAL EXTENDING DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF HERON RIDGE ESTATES' winch has been exinblted to the V~rgm~a Beach City Council and ~s on file vath the V~rgmm Beach Department of Plannmg, shall be recorded by the Grantors for the purpose of subjectmg the Property to the requn'ements of the ex, stag Declaralnon of Protective Covenants, Cond~twns, Restrictions, Charges and Liens of Heron Padge Estates 6 Further condlhons may be reqmred by the Grantee durmg detA,led Site Plan rexaew and admmlstralnon of apphcable City Codes by all cognmant C~ty agencxes and departments to meet all apphcable City Code reqmrements The above concht~ons, havmg been proffered by the Grantor and a.Uowed a_nd accepted by the Grantee as part of the amendment to the Zomng Orchnance, shall contmue m full force and effect un/al a subsequent amendment changes the zonmg of the Property and spectfically repeals such conchhons Such condltaons shall contmue de~pxte a subsequent amendment to the Zonmg Ordnance even ff the subsequent amendment is part of a comprehensive ~nplementatton of a new or substanttally rexused Zomg Ordinance untd specfllcally repealed The condittons, however, may be repealed, amended, or vaned by written msmament recorded m the Clerk's Office of the C~rcmt Court of the City of V~rguna Beach, V~rgtma, amd 3 [ SYI~S A.qt~,l~ &I~WY PC executed by the record owner of the Property at the t~me of recorda/non of such ~nstrument, proxuded that smd tnstrument is consented to by the Grantee m writing as ex~denced by a certtfied copy of an ordma_nce or a resolution adopted by the governtng body of the Grantee, after a pubhc hearing before the Grantee whach was adverlnsed pursuant to the prov~smns of Sechon 15 2-2204 of the Code of V~rigma, 1950, as amended Smd ordinance or resolu/non shall be recorded along vath smd instrument as conclumve emdence of such consent, and d not so recorded, smd tnstrutnent shall be voxd The Grantor covenants and agrees that (1) The Zoning Admtn~strator of the C~ty of V~rgm~a Beach, V~rgn-aa, shall be vested x~nth all necessary authority, on behalf of the governing body of the City of V~rgtma Beach, Vtrgnua, to adtnnuster and enforce the foregomg conchttons and restnchons, including the authority Ia) to order, m writing, that any noncomphance ~nth such cond~hons be retned~ed, a.ud (b) to bring legal actmn or stat to insure comphance vnth such cond~'aons, tncludmg mandatory or protnb~tory mjunct~on, abatement, damages, or other appropriate achon, stat, or proceeding, (2) The failure to meet all conditions and restnc'aons shall constitute cause to deny the msuance of any of the required bmldmg or occupancy pernnts as may be appropriate, (3) If ar~aeved by any dec~mon of the Zoning Adm~mstrator, made pursuant to these prommons, the Grantor shall pehtton the governing body for the remew thereof prior to tnstttutmg proceedings tn court, and (4} The Zomg Map may show by an appropriate symbol on the map the existence of concht~ons attachtng to the zoning of the Property, and the ordinances and the cond~hons may be tnade reachly avmlable and accessible for pubhc inspection m the office of the Zontng Administrator and tn the Harm_Lng Depa~ h~ent, and they shall be recorded m the Clerk's Office of the C~rcmt Court of the C~ty of Vn-gnuia Beach, V~rgm~a, and indexed m the name of the Grantor and the Grantee 4 I ~.l~ t}OURDON Atk~N & Lrvy p£ WITNESS the following mgna~-ure and seal GRANTOR Heron Pddge Propertaes, L L C, a Vn-gm~a 1Lrmted habfllty company /C' (SEAL) By,¢ Thomas C Broyles, Man~gjng Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-vat The foregoing instrument was acknowledged before me tins 15t~ day of August, 2002, by Thomas C Broyles, Managing Member of Heron Padge Properties, L L C , a V~rlpnm ],rotted hab~hty company ~otary Pubbc My Commission Expires August 31, 2002 5 A~t~ & L~Y PC WITNESS the follovang sagnatures a_nd seals GRANTORS d~eph Edward Burroughs / ack P Burroughs ,./' (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-vat The foregoing instrument was acknowledged before me tkns 13th day of August, 2002, by Joseph Edward Burroughs and Jack P Burroughs, husband and vale Notary Pubhc My Comnnss~on Expn-es August 31, 2002 6 I SY~S A]tI~N & LIVY p C WITNESS the followm§ s,gnature and seal GRANTOR EVW Group, Inc, a Vxrgm~a corporation E R Bowler, President (SEAL) STATE OF VIRGINIA CITY/~J0[[~I~[ OF VIRGINIA BEACH , to-v~t The foregomg mstnlment was acknowledged before me th~.s 31st day of August, 2002, by E R Bowler, Premdent of EVW Group, Inc, a V~F. waa corporataon Notary Pubhc My Commission Exptres August 31, 2002 7 I A]tt~N ]}OURDON &l~ pc PARCEL 1 All that ce~,n tract, p~ece or parcel of land, together w~th the bu,ldmgs and maprovements thereon,, and appurtenances thereunto belongmg, lying, mtuate &nd being :n the Princess Anne D~stnct of the City of Vzrgnua Beach, Vzrg~ma, being des,gnated as Parcel "B" /5 S8 AC on that certain plat entitled "SubcLnamon of PARCEL 2-A A Por~on of Property Owned by JOSEPH E & JACK P BURROUGHS (D B 27S7, PG 1471)", dated June 8, 1993, prepared by M,1ler-Stephenson & Associates, P C and recorded m the Clerk's Office of the C~rcuxt Court of the C~ty of V~rgmxa Beach, V~rgmm, m Map Book 231, at Page 99 GPIN 2403-66-5428 PARCEL 2 All that certain p~ece or parcel of land w~th any ~mprovements thereon and appurtenances thereunto belonging, lying, mtuate and being m the Princess Anne Dxstnct of the Cxty of V~rgm~a Beach, Vzrgh-na, bemg des2gnated as PARCEL ~A" RESIDUAL AREA, 20,467 SQ FT on that cer~mn plat enhfled ~PLAT SHOWING SUBDIVISION OF HERON RIDGE ESTATES~ dated October 8, 1997, prepared by Bengston, DeBe]l & Elkm, Ltd and recorded m the Clerk's Ofl~ce of the Cn'cu~t Court of the Czty of Vn'gm~a Beach, V~rgmm, m Map Book 273, at Pages 91-106 GPIN 2403-66-3203 CO ND P'~'3~'N /HER O NRIDG E /PRO ~ ~. e.R 8 Open See ~pl~ca~on ZONING HISTORY 1 Rezonmg (B-4 (SD) Resort Commercial - Shore Dnve Overlay D~str~ct to A-24 Apartment w~th a PD-H2 Overlay D~stnct) - Pending Shore Dnve Overlay D~stnct- Approved 10-13-98 Rezonlng (R-D 2 Residence Duplex to C-L 2 L~m~ted Commem~al) - Approved 2-13-67 2 Conditional Use Permit (Rooftop Unmanned Communication Facility) - Approved 7-9-96 3 Cond~honal Use Permit (Rooftop Unmanned Commun~cabon Facility) - Approved 1-23-96 4 Change to a Nonconforming Use- Approved 4-9-91 5 Cond~bonal Use Permit (Motor Vehicle Rental) -W~thdrawn 9-12-95 6 Cond~bonal Use Permit (Carwash) - W~thdrawn 4-25-88 Conditional Use Permit (Carwash) - W~thdrawn 4-30-90 ITEM Lynndunes, Inc - Change of Zoning District Classification with a PD-H 2 Overlay MEETING DATE January 14, 2003 · Background An Ordinance upon Application of Lynndunes, Inc for a Chanqe of Zomnq D~stnct Classification from B-4 (SD) Resort Commercial D~stnct w~th a Shore Dnve Corndor Overlay to A-24 Apartment D~str~ct w~th a PD-H 2 Overlay on the south s~de of Page Avenue, 530 feet more or less west of Jade Street (GPIN 1489899316, 1489899450, 1489899457, 1489890364, 1489890350, 1489899298) Sa~d parcel contains 38,986 square feet more or less DISTRICT 5 - LYNNHAVEN The purpose of th~s request ~s to develop the s~te w~th 18 townhouse style condominium units Considerations The proposed zomng would allow the development of 18 townhouse style condom~mum umts ~n accordance with the land use plan submitted by the applicant The proposed density of 18 dwelling umts ~s consistent w~th the requirements of the PD-H2 zoning d~stnct for an underlying A-24 Apartment D~strlct (24 umts per acre) The submitted plan depicts three groups of townhouse style umts A five umt budding faces Shore Drive A s~x unit budding ~s located on the western s~de of the s~te A seven umt budding ~s located on the eastern s~de of the s~te All of the buddings are staggered along the fronts to provide architectural relief ~n the project The parking and dnve a~sle run through the m~ddle of the s~te Privacy fences are shown along the s~de property hnes and between the un,ts Decorahve fencing is depicted along both Shore Dnve and Page Avenue As recommended ~n the Shore Dr~ve Design Gu~dehnes and as suggested by staff, the applicant positioned the un,ts along Shore Dnve at the front yard setback Wh~le the facades facing Shore Dnve are not the true fronts of the umts, the exteriors have been designed to m~m~c a front by ~nclud~ng entrances and the pnnc~pal w~ndows used on the front of the un,ts The end umts on Page Avenue are positioned at the staff-suggested front yard setbacks and redesigned to face Page Avenue Lynndunes Page 2 of 3 Staff recommends approval There was opposition to th~s request Recommendations The Planning Commission passed a mobon by a recorded vote of 10-0 to approve th~s request w~th the following cond~bons The s~te shall be developed ~n substanhal conformance w~th the submitted prehm~nary s~te plan t~tled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS', Sheet 1, dated 08/16/02, and latest revts~on date 11/08/02, prepared by Warner and Associates Sa~d plan ~s on file ~n the C~ty of V~rgln~a Beach Planning Department 2 The proposed buddings shall be constructed ~n substantial conformance w~th the submitted preliminary elevations htled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", Sheets A-2 and A-3, dated 08/16/02, and latest rews~on date 11/29/02, and Sheet A-4, 08/16/02, and latest rews~on date 11/08/02, prepared by Warner and Associates Sa~d plan ~s on file ~n the C~ty of V~rg~ma Beach Planning Department 3 The proposed landscaping of the s~te shall be ~n substantial conformance with the submitted prehm[nary site plan titled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", Sheet 1, dated 08/16/02, and latest rewslon date 11/08/02, prepared by W~nn Nursery of V~rg~n~a, W Carter W~nn Sa~d plan ~s on file ~n the C~ty of V~rg~ma Beach Planmng Department 4 The Page Avenue entrance to the s~te shall be ~n substantial conformance w~th the submitted plan t~tled "PAGE AVENUE ENTRANCE", Sheet 2, "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", dated 08/16/02, prepared by Warner and Associates Sa~d plan ~s on file m the C~ty of Virginia Beach Planning Department 5 The s~te shall be developed ~n substantial conformance w~th the submitted preliminary s~te plan t~tled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS" Sheet 1 dated 08/16/02, and latest rews~on date 11/08/02, prepared by Warner and Associates Sa~d plan ~s on file ~n the C~ty of V~rg~n~a Beach Planmng Department The proposed braidings shall be constructed ~n substantial conformance w~th the submitted preliminary elevabons btled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS" Sheets A-2 and A-3, dated 08/16/02, and latest rews~on date 11/29/02 and Sheet A-4, 08/16/02 and latest rews~on date 11/08/02, prepared by Warner and Associates Sa~d plan ~s on fl~e in the City of Virginia Beach Planning Lynndunes Page 3 of 3 7 8 Department The proposed landscaping of the s~te shall be ~n substantial conformance w~th the submitted prehm~nary s~te plan htled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", Sheet 1, dated 08/16/02, and latest rews~on date 11/08/02, prepared by W~nn Nursery of V~rgm~a, W Carter Wren Sa~d plan ~s on file ~n the C~ty of V~rg~ma Beach Planmng Department The Page Avenue entrance to the s~te shall be ~n substanbal conformance w~th the submitted plan t~tled "PAGE AVENUE ENTRANCE", Sheet 2, "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", dated 08/16/02, prepared by Warner and Associates Sa~d plan ~s on file m the C~ty of V~rg~ma Beach Planning Department Attachments Staff Rewew D~sclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planmng Commission recommends approval Subm,tt~ng Department/Agency Planning Department City Manager(~~h~ l~- LYNNDUNES, INC./# December 11, 2002 General Information' APPLICATION G03-210-PDH-2002 NUMBER REQUEST Chanqe of Zon~nq D~stnct Classification from B-4 (SD) Resort Commercial and Shore Dnve Corridor Overlay D~stnct to A-24 Apartment D~stnct w~th a PD-H2 Planned Umt Development D~stnct Overlay and Shore Dnve Corridor Overlay ADDRESS The south s~de of Page Avenue, 530 feet west of Jade Street , GPIN 1489899316 1489899450 1489899457,1489890364,1489890350, 1489899298 Planmng Commission Agenda December 11, 2002 LYNNDUNES, INC /#20 Page I ELECTION DISTRICT SITE SIZE STAFF PLANNER PURPOSE APPLICATION HISTORY 5-LYNNHAVEN 38,986 square feet Faith Christie To develop the site w~th 18 townhouse style condom~mum umts Th~s request was deferred at the October 9, 2002 heanng at the request of the apphcant The request was deferred at the November 13, 2002 hearing at the request of staff New plans were submitted the day before the heanng prevenbng staff from having adequate time to review the proposal Major Issues: Consistency of the proposal w~th the recommendations of the Comprehensive Plan, ~nclud~ng the Shore Drwe Corndor Plan and the Shore Dnve Corridor Design Gu~dehnes Consistency w~th the Secbon 1124 of the C~ty Zoning Ordinance requ~nng that the land use plan shall provide for development of the property w~th~n the PD-H2 d~stnct ~n a manner compatible w~th the development and zoning of the land adjacent to the d~stnct The land use plan should show how the proposed development of the property ~ would d~ffer from that which would be otherwise permitted ~n the underlying zoning d~stnct and the pubhc benefit to be gamed by developing the property m a PD- H2 D~stnct Land Use, Zoning, and SEte Characterisbcs: Ex~sbn,q Land Use and Zomn,q Plann,ng Commission Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 2 The property ~s undeveloped, currently being used as the construcbon staging area for Lynnhaven Dunes Condominium, which ~s located across Page Avenue, to the north The s~te is zoned B-4 Resort Commercial D~stnct w~th Shore Dnve Corridor Overlay Surroundmq Land Use and Zonmq NoAh South East West · Page Avenue · Lynnhaven Dunes Condomlmum (72 umts) / B- 4 (SD) Resort Commem~al w~th Shore Dnve Corridor Overlay · Shore Dnve · Across Shore Dnve ~s Lesner Vdla Condom~mum / B-4 (SD) Resort Commercial w~th Shore Dnve Corndor Overlay · Restaurant and a Condom~mum (12 umts) / B- 4 (SD) Resort Commercial w~th Shore Dnve Corndor Overlay · Harborv~ew Condom~mum (23 umts) / B-4 (SD) Resort Commercial w~th Shore Dnve Corndor Overlay Zon~nq and Land Use Stabst~cs W,th Ex~st,ng Zomng Any of the uses permitted ~n the B-4 Resort Commercial D~stnct consistent w~th the add~bonal requirements of the Shore Dnve Corridor Overlay D~stnct (SD), ~nclud~ng commercial uses, lodging un~ts, attached dweBngs (townhouses), and multi-family dwellings In accordance w~th the requirements of the Shore Dnve Corndor Overlay D~stnct (Sechon 1700 of the C~ty Zomng Ordinance), residential dwelling density for th~s size lot could not exceed 24 units per acre Based on the s~ze of the lot, the applicant could budd 21 mulb-famdy dwelhng umts under the cond~bonal use permit prows~on of the B-4 (SD) regulations The apphcant currently has an approved s~te development plan to develop 18 units ~n the same design as the Lynnhaven Dunes Condom~mum to the north of the s~te, across Page Avenue The s~te Plann,ng Comm~ss,on Agenda December 11, 2002 LYNNDUNES, INC /#20 Page 3 W,th Proposed Zon,ng development plan was approved before the adophon of the Shore Dnve Corridor Overlay D~stnct and Guidelines The approved s~te plan depicts two bu~ld~ngs, each n~ne umts The buildings are s~tuated thirty (30) feet from Shore Drive and Page Avenue, e~ght (8) feet from the east property hne, and approximately seventy-five (75) feet from the west property hne The parking ~s located between the buildings and the west property line Forty parking spaces are depicted on the plan The proposed zoning would allow the development of 18 townhouse style condom~mum umts m accordance w~th the land use plan submitted by the apphcant The proposed density of 18 dwelhng umts ~s consistent w~th the reqmrements of the PD-H2 zomng d~stnct for an underlying A-24 Apartment D~stnct (24 un~ts per acre) Zonm,q H~story Before 1973, the s~te was zoned R-D 2 Residence Duplex and T-2 Motel, Tourist and Restaurant The R-D 2 Residence Duplex port,on of the stte was rezoned to C-L 2 L~m~ted Commercial ~n 1967 From 1973 to the present, the s~te has been zoned B-4 Resort Commercial The Shore Drive Corndor Overlay D~stnct was adopted ~n October 1998 A~r Installabon Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ of less than 65 dB Ldn surrounding NAS Oceana Natural Resource and Physical Charactensbcs The s~te ~s undeveloped Consistent w~th ~ts close proximity to the Chesapeake Bay shoreline, the s~te possesses sandy so~l and m~xed vegetative cover The s~te ~s ~n the Resource Management Area of the Chesapeake Bay Preservation Area Public Facilities and Serv,ces Water and Sewer Plann,ng Comm,ss,on Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 4 Water Sewer There ~s a s~x (6) ~nch water ma~n ~n Page Avenue fronhng the north s~de of the s~te A s~xteen (16) ~nch water ma~n exists ~n Shore Dr~ve, fronting the south s~de of the property The s~te must connect to C~ty water There ~s a twelve (12) ~nch sanitary sewer ma~n ~n Page Avenue fronting the north s~de of the s~te, and a ten (10) ~nch samtary sewer ma~n ~n Shore Drwe on the south s~de of the s~te A s~xteen (16) ~nch force ma~n exists m Shore Dnve fronting the property The s~te must connect to C~ty sewer Transportation Master Transportat,on Plan (MTP) / Cap,tal Improvement Program (CIP) Page Avenue ~n front of th~s s~te ~s a two lane und~wded collector / local roadway Page Avenue ,s not designated on the Master Transportation Plan Shore Dnve fronting th~s s~te ~s designated on the Master Transportabon Plan as a 150 foot w~de d~wded roadway, w~th a b~keway A nght-of-way reservation along Shore Dnve may be reequ~md during detaded s~te plan rewew Traff,c Calculat,ons Street Name Present Present Generated Traff,c Volume Capac,tX 6 200 ADT- Ex,sting Land Use ~ 206 Page Avenue N/A ADT 1 (Level of Service c) Proposed Land Use 3 82 Average Da~ly Tnps 2as defined by use under B 4 Zomng as defined by 18 Condormn~um Umts Schools School population should not be noticeably affected by the development as proposed Pubhc Safety Poi,ce The apphcant ~s encouraged to contact and work w~th the Crime Prevent, on Office w~thm the Pohce Department for cnme prevenbon techmques and Cnme Prevention Through Planning Comm,sslon Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 5 Fire and Rescue Environmental Design (CPTED) concepts and strategies as they pertain to th~s s~te Several comments received from the Pohce Department are prowded for the apphcant's ~nformahon · A hghhng plan for the project w~ll be required dunng detaded s~te plan rewew The plan shall address location of I~ght poles and tree canopy cover, and hghbng fixtures for on s~te dlum~nat~on purposes · The landscape plan will be rewewed dunng detailed s~te plan rewew for plant species and Iocabon of plants around doors and w~ndows · The four parking spaces proposed for ws~tors / guests w~ll be ~nsuff~c~ent and w~ll cause a problem w~th ~llegal parking, vehicles blocking dnveways and dnve a~sles Appropnate s~gnage for designated parking areas ~s ~mportant The ~nd~cated road w~dth is not conducive to on-street parking therefore, apprepnate s~gnage prohibiting on-street parking ~s ~mportant F,re hydrants must be spaced not more than 800 feet and must be maintained ~n compliance w~th apphcable codes Comprehensive Plan The Comprehensive Plan recommends use of th~s parcel for resort uses, ~nclud~ng lodging, retad, entertainment, and recreahonal, cultural and other uses m accordance w~th the policies of the Comprehensive Plan The Bayfront Planning Area's land use policies support well-planned and designed residential developments that promote economic wtal~ty, community aesthebcs and enhanced quahty of hfe The Shore Dnve Corndor Design Gu~dehnes are established to ensure that these qual~bes are achieved Summary of Proposal Proposal Planmng Comm,sslon Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page6 The purpose of th~s request ~s to rezone the site from B-4 (SD) Resort Commercial w~th the Shore Dnve Corndor Overlay to A-24 Apartment D~stnct w~th a PD-H2 Planned Umt Development D~stnct Overlay and Shore Dnve Corndor Overlay, and to develop 18 townhouse style condominium umts on the s~te The PD-H2 Planned Unit Development D~stnct Overlay allows the applicant to determine the regulabons governing height, setback requirements, off-street parking requirements, and s~gn restncbons for the project Add~honally, according to the C~ty Zoning Ordinance, the plan should address the location of the proposed open spaces, pubhc s~tes, and recreational areas, nature of the recreabonal facd~t~es proposed and means of maintenance The current zomng of the s~te, B-4 (SD) Resort Commercial w~th the Shore Dnve Corndor Overlay, permits mult~ple-famdy res~denhal development, such as the proposed plan, provided a cond~bonal use permit ~s obtained The density permitted under the current zomng ~s 24 umts per acre The required setbacks are thirty (30) feet from Shore Dnve and Page Avenue fifteen (15) feet from the s~de property lines w~th Category IV screemng The maximum lot coverage ~s 75 percent, ~ncludlng parking and dnve aisles The parking requirement ~s two (2) spaces per umt S~te DesLqn The submitted plan depicts three groups of townhouse style un~ts A five umt budding faces Shore Dnve A s~x unit budding ~s located on the western side of the s~te A seven umt budding ~s located on the eastern s~de of the s~te All of the buildings are staggered along the fronts to prowde architectural relief ~n the project The parking and drwe a~sle run through the m~ddle of the s~te The five umt budding facing Shore Dnve ~s s~tuated thirty feet from the property I~ne along Shore Dnve, twenty-five feet from the western property line, and twenty-two feet from the eastern property I~ne · The s~x umt budding on the western port,on of the lot ~s twenty feet from the property I~ne along Page Avenue and ten feet, at ,ts' closest point, from the western property line · The seven unit building s~tuated along the eastern port~on of the s~te ~s depicted e~ght foot from the eastern property I~ne and thirteen feet from the property line along Page Avenue Planning Commission Agenda ~"~'~ December11,2002 ~J LYNNDUNES, INC / # 20 Page 7 · Privacy fences are shown along the s~de proper~y I~nes and between the umts Decorabve fencing ~s depicted along both Shore Drive and Page Avenue · The s~te wdl have a m~n~mum of 50% open space Vehicular and Pedestnan Access · There ~s one entrance to the s~te from Page Avenue A s~dewalk exists along Page Avenue Architectural Des~qn The proposed buddings are three stones, constructed of Certa~nTeed® or an equivalent wnyl cedar shake s~dmg The s~d~ng appears to be tan or sand color The submitted elevabons depict pitched gable roofs that are a 'red brick' color of CertamTeed® or equwalent roohng shingles The w~ndows, doors, porch ra~hngs, and corner boards are wnyl clad Metal clad tnm board prowdes a band course that prowdes relief ~n the s~d~ng at the second and third floors The fronts of the eastern and western buddings face ~nto the s~te, w~th the exception of the end umts which face Page Avenue There are three facade designs The entry ~nto the umts ~s the same for each, a panel front door w~th a s~ngle s~dehght window The hrst facade design ~ncorporates porches on the second and third floor over the first floor garage Donc style columns w~th wnyl-clad rad~ng support the porches W~ndow treatments include paned sliding glass doors on the second and third floors, s~x over s~x pa~red w~ndows on the second floor, and a single s~x over s~x w~ndow on the third floor The second design proposes a third floor deck W~ndow treatments ~nclude a round w~ndow and s~x over s~x pa~red w,ndows on the second floor, and paned sliding glass doors and a single s~x over s~x w~ndow on the third floor The third facade design depicts a second floor deck w~th decorative rad~ng, and s~x over s~x pa~red w~ndows A shed roof covers the decking and windows S~x over s~x pa~red w~ndows under a roof gable and a s~ngle s~x over s~x window ~s on the third floor Decorative sunbursts grace the roof gables The two umts facing Page Avenue have a s~ngle French door w~th a s~dehght as the entrance Four s~ngle s~x over s~x w~ndows are shown on the hrst floor The w~ndow treatments on the second floor show two sets of s~x over s~x pa~red w~ndows and a round w~ndow A deck ~s shown on the third floor, w~th a s~ngle French door and a s~ngle s~x over s~x w~ndow The rear of the umts, facing the eastern and western property I~nes are depicted with paned sliding glass doors on the first floors, and six over s~x w~ndows and glass block Planmng Commission Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 8 w~ndows on the second and third floors A tnm board provides a band course that prowdes rehef ~n the s~d~ng at the second and third floors The building wall facing Shore Drive has ~ncorporated two "false front" design types The true front of the building ~s onented into the lot The hrst design depicts a single french door, covered by a gabled overhang, and a single s~x over s~x w~ndow on the first floor Decorahve fencing encloses the mechanical equipment On the second floor a round window and s~ngle s~x over s~x w~ndow are depicted On the third floor a deck w~th double French doors and a s~ngle s~x over s~x w~ndow ~s shown A decorative gable covers the deck The second design depicts a s~ngle French door covered by a shed roof overhang, and a s~ngle s~x over s~x w~ndow Again decorahve fencing encloses the mechanical equipment On the second floor a round w~ndow and a s~ngle s~x over s~x w~ndow ~s shown On the third floor a s~ngle and pa~red s~x over s~x windows are depicted As m the first design the w~ndows are framed with a decorative cornice supported by faux Donc p~lasters Tnm board prowdes a band course, which provides rehef ~n the s~d~ng at the second and third floors A decorative sunburst ~s proposed ~n the ~ntersectmg roof gables There ~s a garage for each unit The Shore Dnve Corndor Design Gu~dehnes recommend that for medium and h~gh density development such as th~s the following gu~dehnes should be uhhzed Front building facades should be located at the front yard setback, The street elevahon of mulbple-umt res~denbal buildings should have at least one street onented entrance and contain the principal windows of the front unit Landscape and Open Space · The submitted landscape plan ~ncorporates many of the recommended plants for the Shore Dnve Corndor Along both Shore Dnve and Page Avenue a four-foot decorative vinyl fence ~s proposed Behind the fence a conbnuous hedgerow of bayber~ shrubs are proposed Red Maple and Loblolly P~ne trees are staggered behind the hedgerow ,n the front yard facing Shore Dnve Along Page Avenue Loblolly P~ne trees and a L~ttle Gem Magnoha are depicted behind the hedgerow · Loblolly p~ne and crape myrtle trees are proposed along the intenor dnve a~sle Planning Commission Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 9 · Ground covers ~nclude Dayld~es, M~scanthus grass, L~nope and Dwarf Indian Hawthorne A s~x-foot pnvacy fence ~s proposed along the s~de property hnes and between the umts Evaluation of Request The request to rezone the subject s~te from B-4 (SD) Resort Commercial and Shore Dr~ve Corndor Overlay D~stnct to A-24 Apartment D~stnct w~th a PD-H2 Planned Umt Development D~stnct Overlay and Shore Dnve Corndor Overlay ~s acceptable subject to the conditions hsted below The Shore Dnve Design Guidelines recommend that a s~te layout should be s~mdar to a courtyard w~th the true fronts of the buddings facing the nghts of ways When th~s zoning request was ongmally submitted, staff suggested to the applicant a redesign of the property to ~ncorporate the desired courtyard sethng and to provide open space as required by the PD-H2 Planned Umt Development D~stnct Overlay Staff recommended a five umt budding w~th the true fronts facing Shore Dnve, and with rear loading garages, two three-unit buddings on the western s~de of the s~te, and a three-unit and a four-umt budding on the eastern s~de of the s~te A redesign of the end units adjacent to Page Avenue so that the true front of the un~ts face Page Avenue was also recommended Suggested setbacks ~ncluded th,rty feet from Shore Dr~ve, fifteen feet from the western property line, ten feet from the eastern property I~ne, and ten to twenty feet along Page Avenue A reduchon ~n the w~dth of the mtenor dnve a~sle and a reduction ~n the number of guest parking spaces were suggested m an attempt to gain additional open space area Staff met w~th the applicant and h~s representabve several t~mes regarding the apphcat~on The applicant eventually submitted plans that ~ncorporate several of the staff suggesbons and the recommendations of the Shore Dnve Design Gu~dehnes The s,te was redesigned to emulate the courtyard style layout that ~s desired ~n the Shore Dnve Corridor As previously stated m the report, a five unit budding faces Shore Drwe, a s~x unit building ~s s~tuated along the western port~on of the s~te, and a seven umt building ~s positioned along the eastern s~de of the s~te, w~th the parking and the dnve a~sle ~n the center of the s~te The redesign of the s~te d~d result ~n the reduchon of one unit Planmng Commission Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page10 As recommended ~n the Shore Dnve Design Guidelines and as suggested by staff, the applicant pos~boned the un,ts along Shore Dnve at the front yard setback Whde the facades facing Shore Drive are not the true fronts of the un,ts the exteriors have been designed to m~m~c a front by ~ncludmg entrances and the principal w~ndows used on the front of the umts The end umts on Page Avenue are pos~boned at the staff-suggested front yard setbacks and redesigned to face Page Avenue Although the apphcant did not separate the buildings ~nto groups of three or four un,ts, the fronts of the buildings have been slightly staggered to prowde architectural rehef The applicant reduced the ~ntenor drive aisle w~dth slightly ~n order to gain add~bonal setback area along the western port~on of the s~te The setback vanes from ten feet at the closest point to n~neteen feet, w~th an average setback of fourteen feet As prewously stated in the report the apphcant ~ndlcates that a m~nlmum of 50% open space exists on the s~te An extensive landscape plan ~ncorporabng many of the plants recommended ~n the Shore Drive Corridor Plan was also submitted to staff Cons~denng the changes to the s~te layout and building design, staff recommends approval of the request for a change of zoning from B-4 Resort Commercial w~th the Shore Dnve Corridor Overly to A-24 Apartment District with a PD-H2 Planned Unit Development D~stnct Overlay and Shore Drive Corridor Overlay sublect to the following conditions Conditions 2 3 The s~te shall be developed ~n substantial conformance w~th the submitted prehmtnary site plan titled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", Sheet 1, dated 08/16/02, and latest rews~on date 11/08/02, prepared by Warner and Associates Sa~d plan ~s on file m the C~ty of V~rg~n~a Beach Planmng Department The proposed buddings shall be constructed ~n substantial conformance w~th the submitted prehm~nary elevabons btled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", Sheets A-2 and A-3, dated 08/16/02, and latest rews~on date 11/29/02, and Sheet A-4, 08/16/02, and latest revision date 11/08/02, prepared by Warner and Associates Sa~d plan ~s on fde ~n the C~ty of V~rg~n~a Beach Planmng Department The proposed landscaping of the s~te shall be m substantial conformance w~th the submitted prehmlnary s~te plan t~tled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS', Sheet 1, dated 08/16/02, and latest revision date Plann,ng Comm,ss,on Agenda December 11, 2002 LYNNDUNES, INC /#20 Page 11 4 11/08/02, prepared by W~nn Nursery of V~rg~n~a, W Carter W~nn Sa~d plan ~s on file in the C~ty of Virginia Beach Planning Department The Page Avenue entrance to the s~te shall be ~n substanbal conformance w~th the submitted plan btled "PAGE AVENUE ENTRANCE", Sheet 2, "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", dated 08/16/02, prepared by Warner and Associates Sa~d plan ~s on file ~n the C~ty of V~rg~n~a Beach Planning Department NOTE Further conditions may be required during the administration of apphcable C~ty Ordinances Plans submitted with th~s rezonlng apphcat~on may require rewslon durtng detailed site plan rewew to meet all aF~phcable Clt~' Codes Planning Comm,ss,on Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 12 Lynndunes (PD-H Land Use Plan) Planning Commission Agenda December 11, 2002 LYNNDUNES, INC ! # 20 Page 13 (building ele' r~dune,. ,abons) Plann,ng Comm,sslon Agenda December 11, 2002 LYNNDUNES, INC ! # 20 Page 14 mi Plannmng Commmssmon Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 15 Lynndunes (building elevahons) P lann,ng C omm,ss,on Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 16 Lynndunes (Stte Entrance Detail) Planmng Comm,ss,on Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page17 Plann,ng Comm~ss,on Agenda December 11, 2002 LYNNDUNES, INC ! # 20 Page18 APPLICA t ION REZONING CITY OF VIRGINIA BEACH PA GL 4 0 F 4 DISCLOSURE STATEMENT If the propert3 ov, ne~ ~S '~ PARTNERSHIP FIRIVl or other UNINCORPORA FED ORGANIZA I ION h=~ APPLICANT I)ISCLOSURE the apphcanI :s a CORPORATION hst all officers of the Corporauon below (Attach Iisi ~fntc~ary) the npphcant ss n PARTNERSHIP FIRM or other UNINCORPORA'I LD ORGANIZATION iisi all CERTICICATION ! certify that the tnfortltatton contained herein ts true altd aecttrate Plann,ng Comm,ss,on Agenda December 11, 2002 LYNNDUNES, INC / # 20 Page 19 Item #20 Lynndunes Inc Change of Zomng Classification South s~de of Page Avenue 530 feet more or less West of Jade Street D~stnct 5 Lynnhaven December 12, 2002 REGULAR AGENDA Robert Miller Item #20, Lynndunes, Inc Eddie Bourdon Mr Chairman again for the record my name ~s Eddie Bourdon I m representing Lynndunes on this apphcanon Before I get into that we will certmnly be happy to work wah you and staff with another apphcat~on on the condmon 111 be glad to do that These are mndenngs of the proposal I know you all, th~s morning ~n the ~nformal you had an opportumty to look at some of these The piece of property ~s one that ~s a thru lot located on Shorn Drive and on Page Avenue m the Lynnhaven District just to the east side of the Lesner Badge The property is one that is tn the Shore Dave Corridor Overlay D~stnct It ~s a piece of property m the area that xs well over 90 percent developed All up and down Shorn Dave them is very few of these infill properties left There are some Up until the adoption of the Overlay District the density development was considerably h~gher than the current permitted density with the adoption of the Overlay Dismct and the properties on e~ther s~de of this property ~th the exception of the restaurant but the two condo properties were developed under the By Pdght B-4 zoning The Overlay District tn effect was an effort to remove a great deal of the by right development opportumtles and to get before this body and the City Council ney, development what little of tt could come forward m this area to come before these bodies and the ~nfusonans of greater setbacks and lesser densities clearly involves some issues of regulatory takings but an attempt to go m a reasonable fashion sort of you know strike an equitable balance so that we can get a better quality development that ts what has happened in some instances along Shore Dave without bemg so confiscatory as to prompt lmganon So far ~t has worked And, we think agmn tt will work here This application ts a request that does not represent the maximum density allowed under the Overlay It does not represent an ~ncrease in the density as far as number ofumts as were already pernutted to be built by a previous plan that the apphcant had approval for, but for market reason and for quality masons has determined that he would rather do a different type of umt, one that is more valuable than the units that would have been bruit in a larger, more bulky configuration previously This ~s the plan up here on the pinpoint The Shore Dave frontage to the south, Page Avenue to the noah roughly east side condommmm here and then them s a restaurant parking lot here and the Harborvlew Condominium ~s located on a s~mdar size parcel to the west We've got between the pavement on Shorn Drive and the front facades are the full front facades of the umts that face Shorn Dave, a distance of 67 feet We ve got a 30-foot setback from the right-of- way hne itself with attractive fencing, th~s ~s actually the elevatmn on the frontage The Item #20 Lynndunes, Inc Page 2 fencing shown here is black it xs actuallv white, which is actually shown on one of the other exhibits That s just an error The fence will be a wh,te wrought iron style fence with landscaping My client has offered to landscape the setback consistent with a landscape plan Ior Shore Drive if one is developed or one can be developed He has offered to work with staff prior to beginning the development in order to implement that landscape plan If there is going to be a unified landscape plan along Shore Drive The buildings again are setback 30 feet We had put bow faux with some very attractive arch,tecture doors windows that appear to be windows that would be on the front of the building We have offset the budding so it s not a straaght building across We ve got 3V2-4 foot offset One of the other things that I wanted to note on here, because it s a fiat rendering you really can't tell this but the mechanical equipment and that s the case not only here but with all the buildings the HVAC set back m out coves built in the building with decorative fences on the outside So you do not see the HVAC It s not sitting outside in the back of the unit or you know back of the building When you look at this because it s not three dimensional you can t really tell what these little fences, if you will are along there that s a fence that is flush with the building itself and is a out coves where the HVAC is set back and that s the case on the back of all the units There s nothing ,n the yard so to speak The staff you know, in great detml in the write up, the architectural features and amenities which we think are quite attractive for the units themselves We are set back here from Harborvtew over 25 feet and on this side it s over 20 feet from the parking lot for the restaurant The biggest complaint seems to be cormng from Harborview so I m going concentrate more on the Harborvlew east side then I am on anywhere else but along our western boundary you gee we have a line It's not a strmght line it's a line that comes in to a point then goes back out The ,nterestlng thing to recogn,ze when you see that is the first and we have 240 feet of shared property line along our western boundary Within that area there is a 122 feet of building That's this building here that s 122 feet Now we got another 30 plus feet here of tins building But the initial 100 feet of property on our west, the setback is 25 to the property line or there s no building at all From there north, if you go up the Page Avenue end, here we got a 20 foot setback If you come down tins line 65 feet agasn, we re 15 feet or more from the property line It is only in this area here that s roughly 65 feet that the setback on tins side varies from 15 feet down to 10 9 feet and back out to 12 feet Interesting enough I've got a picture and I 11 pass a couple of these pictures around If you look closely, these pictures show the adjacent Harborview Condominium Because the line from them on ours it's bowing out on there so while they have an eight foot setback, both south end of their building and north end of their building that s just one big building It runs the entire length of their property The ~etback in the middle is greater I do not have their site plan so I can t tell you whether its l0 feet 12 feet but somewhere in that range and you can see it in that fencing if you look closely at those pictures So, at the point where our setback is the narrowest at 11 feet or 10 9 feet, their setback is the greatest Instead of being eight feet which it is along there it will be greater than eight feet So that in fact the separaUon between our building and their building at the closest point will be and I'm quite certain 20 feet will be the separation Because it's at the same point their building is straight across and it s an eight-foot setbacks at either end We ve designed this complex with a courtyard design with open space that exceeds 50 Item #20 Lynndunes Inc Page 3 percent of the site We ve got garages We have parking tn addition to that as well as a couple of guest parlong spaces The value of these units will be between $230 000 and $250,000 per unit for the proposed 18 units which is three less than the maximum you can build under the Overlay on this piece of property The prior plan for this property the units would oI not have been expensive They've been In the upper $100 000 But again, it s the prerogative of the landowner to choose to improve his product Improve the not only the value but the appearance and as staff has indicated this plan with these revisions with this layout does represent an ~mprovement a compliance or almost 100 pement compliance I don't know what the percentage is w~th the guidelines but the other plan had a commercial parking lot in front of the building The ~ssue that I mad in all the letters that I've gone through is the folks to the west not particularly liking the fact that their views are being impacted But the reality ~s that the piece of property to the west is built under the old standards built with higher density built right up to the property line and there you see in those pictures with HVAC behind the homes within the narrow setback And this clearly in our estimation represents a significant improvement Over that, we have worked diligently with staff in the layout design in the design of the building We'll still work with them in regard to landscaping We ve got a beautiful entrance feature on Page Avenue We ve got fronts facing Page Avenue and the faux fronts in the rear I don't know really what else to tell you other than that this is a development that represents an increase in quality without art increase in density and one that clearly represents an increase in the compliance with the guidelines as promulgated under the Shore Drive Overlay District And recognizing there needs to be a balance struck, we clearly believe that this does strike that balance in the terms of quality econormc benefit Recognizing agmn the folks that live next door in a four-story condormmum that runs the complete length of the site and I actually got a representative ~n getting the variance for that building from Page Avenue before that property was developed There s no two ways about the fact that development and others like it are part of the reason why we have the Shore Drive Overlay District now So, that you would have the ability Council has the ability to look at proposed developments and try to see the quala5 and the appearance were elevated We re not having a problem w~th values in that comdor Values are there The issue ~s dealing with quality of appearance And these few lnfill developments that are left I thank that's exactly what you re getting And that s exactly what this represents I m going to pass around some other pictures of some other developments in this area and when you compare those to the one on the other side to us with tins it s quite apparent that the Overlay Dismct is succeeding in getting something of a much higher quality than the existing development for the most part that occurred under the old B-4 by right without the Overlay District So I m not here to criticize the Overlay District but I think it s serving a purpose I think as long as it s done equitably it will continue to serve a purpose But, it clearly does represent an mfusonans and to some degree a confiscation of property rights but as long as it is done again, with a balanced approach then I think it will be successful in the end We believe what you see here represents the best possible result in terms of getting an appropriate balance and in getting a higher quality development on this piece of property I will be happy to answer any questions and honestl5 get our people here in opposition then I want to have the opportunity to speak in rebuttle too Item #20 Lynndunes Inc Page 4 Ronald R~pley Okay Dot Wood has a question Dorothy Wood Eddie I th~nk ~t s a very attracnve apphcat~on I th~nk that Mr Smith has done a wonderful job working with staff I do ha,,e one concern because madxng the letters from the people ~n Harborv~ew they smd they were promised or was ~t Mr Smith that made a promise to them or they smd they wouldn t have anvth~ng9 Eddie Bourdon Mr Snnth did not develop Harborv~ew Dorothy Wood He did not develop it'> Eddie Bourdon No Dorothy Wood Okay Eddie Bourdon He had nothing to do wtth the development of Harborvlew, and any such assumptions on their part or any such statements they may have been Dorothy Wood It was from their developer Eddie Bourdon Would have been from real estate agent or developer or from someone other than from Mr Sxmth Now, I also say that the plan that you I eluded to in terms of that ~t's been approved and Mr Srmth had s~te plan approval for was dtfferent from th~s plan But they have no contractual or other legal bas~s to rely on anything of that nature because ~t s the property owners right It s not pan of the Lynndunes Condormmums Never was a pan of the Lynndunes Condom~mum It could have been added to as an expandable area that condormmums could have expanded on th~s p~ece of property but the market ~s such that these h~gher value umts more attractive umts, are a better unhzat~on of the property from the owner s perspective again, w~thout mcreasxng density Dorothy Wood Thank you Ronald Ripley Eddie the plan that s been approved or was approved was a s~te plan approval9 Eddie Bourdon Site plan approval It may have actually expired I beheve Ronald R~pley I ttunk you smd the setback was on the western s~de the properties were set back The building was set back Eddte Bourdon Well the western property was where the commercml property was a parking lot It was all a partong lot The eastern s~de setback for the buildings ~s e~ght feet Ronald R~pley Okay Item #20 Lynndunes Inc Page 5 Eddie Bourdon The other setback for Shore Drive is 30 feet RonaldRipley Okay Alnght Any otherquesnonsofMr Bourdon'> Okay Robert Miller Tom Curry John Samuel May I go first He's our leadoff We have two speakers from Harborvlew Robert Miller Am you John Samuel'~ John Samuel Mv name ts John Samuel Yes sir the President of the Harborvtew Condo Association I appreciate the opportunity to talk to you Obviously, we disagree with Mr Smith's representative There will be two speakers from Harborview and 1 11 just summarize general actlvmes that we ve been doing about thls situation And Mr Curry who's the secretary of the Association will deal with the details of our objections What we ve been doing as got together as Harborvlew and I can say that it s unammous All the owners of Harborview are opposed to the particulars of this plan We have sent a letter to each ol you It clearly lays out the reasons supporting our objections On the other hand we ve contacted and our dlscuqsion with owners of nearby condominmms And we've met quite of few of those, and they too realize the implications of this plan And everybody that we have spoken with has expressed their objection to the proposal as well We have had some d~scussions w~th the mpresentanves of Shorn Drive Coalition I have been attending their meetings and I do believe they sent you a letter in opposition, and I think Mr Solomon is here and will present their position on the proposal Generally spealong, despite the pretty presentatxons here of the individual townhouses, the key I think is putting fake front doors on the back of townhouses Iond of makes me rinse my eyebrows They re out of context and they're not m context We strongly object to major particulars of the proposed plan and of course we oppose this request I will hand it over to Mr Tom Curry who ~s our secretary of association and he will give you more details of our opposition to this request Ronald Ripley Thank you Mr Samuel John Samuel Thank you Tom Curry Ht My name is Tom Curry I m a resident of the Harborview Condo Association And, one thing you said Ms Wood was that some of the letters smd that Mr Srmth promised something I think that may have been in the packet when they were opposing the three-story building next to them on the beach Not our packet I guess I can put my glasses on We appreciate this opportumty to voice our serious exception to this proposal We think thxs proposal disregards it's effects on the neighboring resident owners and the community in general We note with interest the imbalance of the Virginia Beach Planning Department's report which on page 11 says staff recommends approval of request for change in zoning While noting on page 2 that the request for zoning is not consistent which in other words, it violates the Virginia Beach Item #20 Lynndunes Inc Page 6 Comprehensive Plan the Shore Drive Corridor Overlay District Plan approved m 1998 And the Shore Drive Corridor Design Gmdehnes incorporated m the Shore Drive Transportation Study approved by Council earlier thl~ year So that's sort of interesting Our close examination of the zoning proposal shows all take and very httle give by the petitioner For example, Section 1124 of the C~ty s Zoning Ordinance requires a land use plan provide for the development within PD-H2 in a manner compatible with the development and zoning of the land adjacent to the d~stnct Ail adjacent land is B-4 w~th low-rise condommmms So this proposal fads here It ignores what is adjacent Section 1124 of the Code also requires that PD-H2 land use plan show how the proposed development of the property will differ from that which would be otherwise permitted m the underlying zomng B-4 Nothing is presented here Not even an already C~ty approved 1998 plan for two nine unit condormnmm buildings which do conform to B4 and most of the Shore Drive requirements which at least the ones that were m affect at the time it was published Again the proposal fails because he d~d not address the previously approved plan for B-4 There was a comment made by the petitioner s attorney that an owner of a property can braid whatever he wants within legal brmts We don't question that We question the zoning change at this time We re completely happy with the old zoning and the old plan Section 1124 also requires the plan to show the public benefit to be ginned by developing a property as a PD-H2 This proposal fails agmn There ~s no public benefit to this submitted plan You can argue architectural beauty but as far as what ~t does for any of the neighbors there's nothing there The City s Zomng Ordinance also reqmres proposals for PD-H2 to address the location of open spaces public sites and recreational areas within the property Agmn, this proposal fails It does not address ttus legal reqmrement at all The Planning Department report makes much of the dermis real fronts, the sides s~de entrances, full plasters courtyards planning, etc but lgnonng the basic fact that th~s lot is just too small for the constmcU, on of 18 townhouses, even though the small size they are PD-H2 zoning is obviously meant for larger parcels then th~s ~rregularly shaped ninth tenths of an acre lot I hate to say th~s But who is Reese Srmth'~ F~rstly all of Shore Drive development since the October 1998 ordinance have complied with the Shore Drive Corridor Overlay District Plan for B-4 Zoning Why not this property`> Why not this developer9 Then there's a bmr and switch, which appears to contemplate by the City government on th~s Harborvlew Condormmum owners Six of Harborvmw s 23 units directly face the property m question All three bedrooms k~tchen and break room windows seven windows per unit, plus one lunai on each unit, total 42 windows and slx lunm for glass sliding doors face the subject property HarbOrvlews outer walls are, essentmlly a wall of windows and I think you saw th~s picture m your packet Our units were bmlt and sold on the bases of the Lynndunes May 26 1998 C~ty approved plan that places the last two buildings of that e~ght braiding development 75 feet from our eastern boundary line I myself own one of these units and I wouldn t have bought ~t if there were a string of townhouses right outside my window I would have probably gone down the street someplace else st~ll looking So, note that the parking lot for ttus approved design is already bruit And Mr Bourdon kept saying commercial It s not commercial It s the parlang lots for the residents Construction of a wall of townhouses forty-five feet high by a 156 feet long in total as close as ten feet from the fence opposite our wall of windows ~s destructive of our Item#20 Lynndunes Inc Page 7 property values and our quahty ofhfe I think the closeness can be seen hem The parking lot is already in place Thts ts his cur,,e m the parlung lot is ten feet from the hne so that pmture Is also ~n your packet Thts proposal degrades commumty quality of life No matter how race the detailed destgn of the townhouse umts the mzonmg proposal wall present a tenant hke density more often seen m the lower value parts of our Cay Th~s 9/10 of an acm plot w~ll be mostly paved and bmlt upon to accommodate the I8 townhouses The 1998 Ctty approved plan takes advantage of the lack of any west wall w~ndows ~n the small condom~nmm to the east The old plan would face thts blank wall ~n It s other braiding, whtch !.$ also tn our packet So to be close to that stde ts not such a demment to the neighbors The current plan jams a bunch of narrow 20 foot w~de townhouses m to a ,,mall lot, hnmg the up as close as possible along both stdes of the small plot, defimtely achieving the appearance and values of th~s area What ~t all boils down to is a callus disregard of the Vtrgxma Beach Comprehensive Plan and other documents and requirements to promote commumty studies and enhance quahty of life' So m summary if the City of ¥~rg~ma Beach approves th~s rezomng, it will result tn four things we see The devaluation of our property and those nearby by appraisal comparables, de~adatlon of the visual aesthetics of Shore Drive w~th crowding and obvious fake fronts they re not going to fool anybody The bart and sw~tch zoning operation perpetranon on the owners of Harborv~ew Condominium by having approved plan already when we bought And the big question, where is the legally reqmred benefit to the neighborhood' for tins zomng change to PD-H2 In conclusion Harborview Condom~mum Association is adamantly agamst Lynndunes proposal for change in zoning We will work with our professional advtsors to determine the specifics of our investment and quality of life losses to do Mr Smith s torrent bfe proposal So we're determined to fight th~s by any means legally posstble and 1 thank you for your nme and cons~deration Any questions`) Ronald R~pley Any questions`) Thank you very much Robert Miller Todd Solomon Todd Solomon Good afternoon agmn You already pretty much heard the first part of my letter This one ts a httle more specific Thts one entails basically the whole process that I d~scussed earlier and this one does not In order to get around your setback reqmrement, obvtously came m with the new zomng request It does not meet the Shore Dr~ve Overlay District setback reqmrements I beheve the only thtng that it meets for the Shore Drive Overla5 Dtstnct is the new guidelines, which were recently adopted The quality is obwously but once agmn the denstty ~ssue If you all beheve that denstty is not umtes per acre but ~s also setbacks and tightness of bmldmgs them again, this ts not upholding the Overlay District s potennal for mducnon m denstty ~n the ~ncmased setbacks So once agmn our issue ~s that w~th four of these out there th~s one being the last one so far, that with each approval ~t whittles away at the Overlay D~stnct and anybody who has purchased property m tins area with knowledge s~nce 1998 that the setbacks were 15 feet recommended were pretty much you know th~s ~sn t gmng to uphold any more That now anybody that comes ~n and develops an area because they Item #20 Lynndunes, lnc Page 8 want to get more money out of their property which by rights I guess they have the potential to do they will come out with a new rezomng Iora setback variance request So I guess that slowly we have and I th~nk since 1998 there s been about 30 variance requests along Shore Drive Three of them have been requests for variance m the setback requirements and all three of them have been granted So it s not 10 percent of the variances are asking for setback and all 10 percent approved But like I smd m the last few months we've had four that have had violations or non-comphance with the Overlay District setbacks So there ,s definitely a trend m our opinion Granted It s good to see like I said before that the architectural guidelines are being upheld which hopefully to produce property in that area and have people buy it The quality should be there too This is getting a little more consistent with the guidelines to have everything looking sirmlar And you have a better style for the whole area as a whole and combine it all together And I would like to close that if the old style was built on that property and they're going to be sold for $130 000 I think I will buy two oi- them because it would be easy to sell them for a little more money that I bought them Ronald R~pley Any quesuons9 Thank you very much Any other speakers Robert Miller No sir RonaldRlpley Okay Mr Bourdon? Eddie Bourdon If I smd $130 000 I meant to say $180 000-$190 000 I'll correct that That was on the old plan Just bnefiy Mr Chmrman The rhetoric from the gentleman who spoke for Harborview and the exaggeration and harsh rhetoric is indicative of a situation where you know don t look at my blermshes and we 11 try, you know change the d~recnon to the other guy It is truly the type and Harborview is a nice community It s not an unattractive building but it is the intent of what the gmdehnes for the Shore Drive Comdor that have been adopted are looking to create Unfortunately it represents the majority of the type of architecture that s out there And there are very few mill] development the developable pieces of property that are left, so the reality is if we re going to establish quality we ve got to do xt in creative ways and that is what s being attempted to be done here When the Overlay District was adopted it was clearly recognized that if it was going to ~ucceed no matter what we were going to try and get things before this body and before City Council but there was going to have to be flexibility Because to s~mply say 15 foot setbacks are what's going to be required on these few additional properties and everybody else is already at 8 feet would and will if it became iron clad be challenged because it does represent a situation where people's property is being taken without any ability to compensate anyone with really any significant benefit when most of everything else is already developed So what s happening here is a give and take to try to make things better, clearly, this is not representing an increase in density in anyway shape or form It s a better quality development the same number of units You don't have a commemial style parkang lot sitting out in front of a couple large buildings that are setback eight feet from the property which is exactly what that approved plan had on the east side What we have though we Item#20 Lynndunes Inc Page 9 have somebody else s, you know gore ox feed and gored so they don t like it because the development coming closer to them but in fact the majority of what s being proposed the vast majority far exceed our setbacks the 15 foot requirements Just that one small area where at our closest point we're basically eleven feet from the property line at the same point where their eight foot wall of windows Is actually a little further then eight feet from the property So I don t think there s been any showing or could there be an3 showing that anyone wlth any legal responslbdlty to a person buying a unit m Harborview has baited and switched on them We don t have any obligation to them other than to build something that is higher quality than what they have which is what we re doing And the City certainly doesn't make any representation to a purchaser ora condominium as to what s going to be next to them There are no scenic easements over thxs property Never have been, so all of that hyperbohcally doesn't amount to anything We are malong every effort to bnng up the quality of Shorn Drive The value of these units does exceed significantly what would have been there with a different type of development and this is more in keeping with the guidehnes then in previously approved plan Thank you very much Ronald R~pley Any other questions of Mr Bourdon'> Okay Anybody else to speak on this matter`> Alrlght Let's open it up for discussion up here Betsy9 Betsy Atlonson I know how hard the staff has worked with Mr Srmth to come up with a plan that'll work on this site and I thank the plan is a good plan And, I'd like to make a recommendation that we approve the application Ronald Rlpley Is that a motion'~ Betsy Atkanson Yes sir With the four conditions Ronald Rlpley So we have a motion to approve Do I have a second'~ Donald Horsley 111 second the motion I put a lot confidence in the staff s work on this plan and with the members of the Comnusslon that worked on the Shore Advisory Task Force Commission or whatever you call it Advisory Group that they seem to be satisfied with this plan I think they ve done a good job Ronald Rlpley I think that the residents next door raise some valid concerns Them concerns are, I think we ve considered those concerns And I think that staff has probably tried to work with those concerns the best they can I hadn't really considered the side yard setbacks with the building looking at the odd shape of that piece of land on how it goes in I would imagine if the side yard setback was eight feet at either end of the building that something greater than eight m the middle So, you re probably I don t know if it s eight or ten or if It s ten or twelve feet but you got ten more feet which is the closest point where those two lines tend to intersect It looks like to me that help mxtigate some of the side yard issues that have been raised I think that Todd rinses a valid concern too You have to be careful that you don t overdo the variances that occur in th~s Item #20 Lynndunes Inc Page 10 area but there are a lot of odd shape pieces of land out here and I think the development m this case as we heard this morning believe has allowed for 59 percent open space which does help meet the intent of the PDH overlay The Design Guldehnes hke I said this morning I was involved in that and I believe that this building does meet those guldehnes pretty good And I do think we have an odd situation where I think what we ve envisioned mostly and I think staff may have considered this too I m not really sure but I know I did looking at the review of the guidelines that we were really ioolong at properties that fronted on Shore Drive and we re really concerned about that I m really concerned about the fronts being on Shore Drive In this case, you have the entrance coming off Page Avenue and I th~nk the developer has dropped a unit He did have an extra unit, did he not along Shore Drive In working with staff and the concerns of the neighbors, I ttunk he reduced that to give it a little better scale And I think he paid a great deal of attention to the back of them because the back is what we originally envis~oned to be the front so he kind of tums it around but he I think he's paid considerable attention to that and working with the elevations I m mchned to agree with it to When we first saw it it was a little bit too much I think what he s done here has been considerable lmpro,~ement and I think it will be beneficial and I think it will add to the area And I m going to vote for it Yes Robert Miller I think that bothers me in this whole process is that maybe a lack of recognition on our part for the difference we are facing and the changes in our community This ~s to Faith and to Bob and to the other staff is obviously is getting to be a more urban type issue versus a more of the traditional things that we face and look at them When you start talking about density we really do talk about quality much better when we talk about these pieces of land It does bother me you're sitting there with windows that are going to look out at other units It tremendously bothers me But at the same time, I sitting here, trying to decide in an urban scenario how we re going to prevent this And I'm not sure if there s anyway to prevent it other than to be extremely farsighted and have perhaps no windows on Harborvlew, which seems like that doesn't accomplish anything To absolutely protect your view forever and ever is pretty unlikely given developments anywhere in our City anymore, and I think this infill type idea and along Shore Drive and as Todd s pointed out several times trying to hold the hne of exactly of where quality is going to getting just as subjective as tbas process has been I think we re to that point now that we're really dealing in issues that are again becoming a little d~fferent scale then what I have been hearing It seems like in the past and that we are cormng into a time where we're going to face a lot of these issues where we're going to have units literally the single fanuly ones in Shadowlawn with the questions of how are you able to have property rights and be able to develop? We know we want to put open space everywhere or create the air of openness and we did ~t with the Oceanfront with turmng the hotels to be perpendicular to Atlantic Avenue to try to think that we'll be more open but it almost demands that you go higher and that the footprint becomes smaller and now you're going higher and smaller Well higher seems to get in somebody's way pretty soon hopefully not the jets but it does make me think that we have been and are still being a little naive as to how much of this is our future instead of just tbas one item here and there I straggled with th~s thing just sitting here now and Item #20 Lynndunes, Inc Page 11 listening to everybody and listening to the personal s~tuat,ons that are already there th,nk~ng Mr Smith s investment and what his personal situanon is also And I certainly think that what you ve done you ve worked well to create quahty and I would congratulate you on that I just think that we re m a different scenario and you know we're eight feet apparently, I think on the east side `nere etght feet from the property line w~th these units I beheve on the east side were e,ght feet if I heard him correctly So we've set up the next scenario I mean we just set it up that what will be there and I don t even know what s there right this minute Oh there l~ already a blank wall there Well that s excellent Only on a small part of it as we at some point as we change out units agmn we'll be fixed w~th th~s same exact dec,s~on as we move along and everywhere there's an ,nfill project there's going to be a quesnon of creating quahty of life ,n there and not d~sturbmg the quality on the exterior somehow adjacent All that be,ng said, I th,nk you ve done ,nell to work through thts Ronald Rlpley Anybody else9 Let's call for the quesnon We re ready to vote AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS WOOD AYE ABSENT Ronald R~pley By a vote of 10-0 the mouon passes Okay I th,nk that s all the Planning ~tems and I do want to thank John Baum for Ns ded~catlon and all h~s contnbutxons to th,s Comrmss~on, and Betsy You've all been wonderful I w~sh Bobby was here to hear ~t Maybe he will get a tape to see ~t but we re gmng to miss all three of you tremendously And, Mr Scott thank you agam for an excellent agenda The staff is just excellent and very thorough And this meeting ~s adjourned Michael V. Polak G'pm 1494-49-2834 ZONING HISTORY 1 Rezon~ng (AG-1 and 2 Agncultural D~stncts to R-6 Res~denbal D~stnct) Approved 6-8-87 Rezonlng (AG-1 and 2 Agricultural D~str~cts to R-8 Residential D~stnct) Approved 2-6-84 Rezon~ng (R-8 Residential D~stnct to PD-H2 Planned Community D~stnct) Approved 2-6-84 2 Rezon~ng (AG-2 Agncultural D~stnct to R-7 5 Residential D~stnct) Approved 1-25-94 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Michael V Polak- Condlt,onal Use Permit MEETING DATE January 14, 2003 · Background An Ordinance upon Application of M~chael V Polak for a Conditional Use Permit for a home occupation on the north s~de of Damascus Tra~l, 1,336 34 feet west of Holland Road (GPIN 1494492834) Sa~d pamel ~s located at 3064 Damascus Trad and contains 7,613 square feet DISTRICT 7 - PRINCESS ANNE The purpose of th~s request ~s to conduct from the applicant's home a small-scale machine shop bus~ness that repairs gun parts Considerations The applicant's bus~ness (and hobby) ~nvolves "gunsm~th~ng" (repair of firearms) and also repair of small machine parts Typically, the repair work ~nvolves a small metal part that must be repaired or re-fabncated Therefore, firearms are usually d~sassembled before they are g~ven to the applicant The machinery used for these acbv~t~es ~s a lathe and mdl~ng machine The no~se from th~s machine ~s equivalent to that emitted by a vacuum cleaner Customers rarely come to the property, and no deliveries associated w~th the bus,ness are necessary The proposed bus~ness ~s well w~th~n the I~m~ts of a home occupation as outhned ~n Section 111 of the C~ty Zoning Ordinance and w~ll have no ~mpact on the surrounding neighborhood, therefore the Planning Commission placed th~s ~tem on the consent agenda Staff recommended approval and there was no oppos~hon Recommendations The Planmng Commission passed a motion by a recorded vote of 10-0 to approve th~s request w~th the following cond~bons Th~s Conditional Use Permit ~s for repair work only No sale of firearms or other products or memhand~se ~s permitted M~chael Polak Page 2 of 2 2 No more than 20 percent of the floor area of the dwelhng umt and accessory structures shall be used ~n the conduct of acbwty associated w~th the home occupation 3 No traffic shall be generated by the home occupabon ~n greater volumes than would normally be expected ~n the neighborhood 4 No s~gn ~denbfymg the bus~ness shall be installed on the extenor of any budding on the property or w~th~n any yard of the property 5 The home occupabon shall not create no~se, dust, wbrat~on, smell, smoke, glare, electncal ~nterference, hre hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected ~n the neighborhood under normal c~rcumstances where~n no home occupation exists · Attachments Staff Rewew D~sclosure Statement Planmng Commission Minutes Locahon Map Recommended Acbon Staff recommends approval Planning Commission recommends approval Subm~thng Department/Agency Planning Department 0...~ City Manager ~ ~\~b'¢'~ MICHAEL V. POLAK # December 11, 2002 General Information: APPLICATION NUMBER REQUEST ADDRESS Hll -210- CUP- 2002 Conditional Use Permit (home occupabon) 3064 Damascus Trail H-Il M~chael V. Polak GPIN 14944928340000 1494-49-2834 Planmng Commmslon Agenda December 11 2002 MICHAEL V POLAK ! # 5 Page1 ELECTION DISTRICT SITE SIZE STAFF PLANNER PURPOSE 7- PRINCESS ANNE 7,613 square feet Ashby Moss To conduct a small scale gun repair and hght machine shop business from the applicant's home Major Issues: · Compat~bd~ty of home occupabon w~th ne~ghbonng properhes Land Use, Zoning, and Site Characteristics: Ex~stm,q Land Use and Zon~nq The property ~s currently developed w~th a s~ngle-famdy dwelhng and ~s zoned R-7 5 Residential D~stnct Surround~nq Land Use and Zon~nq North South/East/West · Park / R-5D Res~denbal D~stnct w~th PD-H2 Planned District Overlay · S~ngle-fam~ly dwelhngs / R-7 5 Residential D~stnct Planmng Commission Agenda December 11 2002 MICHAEL V POLAK ! # 5 Page 2 Zomnq H~story The zoning for the neighborhood ~n which the subJect s~te ~s located was changed from Agricultural to R-6 Res~denbal D~stnct (now R-7 5 Residential D~strlct) ~n 1987' A~r Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana Natural Resource and Physical Charac, tensbcs The property ~s developed w~th a single-family residence and contains typical res~denbal landscaping Public Facilities and Services Water and Sewer The property ~s connected to C~ty water and sewer Transportabon No add~bonal tnp generabon ~s anbc~pated w~th the apphcant's proposal rarely come to the house, and dehvenes are not necessary Pubhc Safety Police No comments Fire and Rescue No comments Customers Comprehensive Plan The Comprehensive Plan Map designates th~s area for Iow-dens~ty suburban res~denbal land use below 3 5 dwelhng un~ts per acre Summary of Proposal Proposal Plann,ng Commlss,on Agenda December 11 2002 MICHAEL V POLAK / # 5 Page 3 The apphcant ~s requesting to operate a home bus~ness from the garage of h~s home The apphcant ~s a former pohce officer, but ~s currently working full time as a marine surveyor for the Navy Prior to mowng to V~rgm~a Beach, the apphcant operated th~s bus~ness from a home ~n Norfolk for 15 years The apphcant possesses a Federal F~rearms L~cense from the Bureau of Alcohol Tobacco and F~rearms, but th~s permit wdl be revoked ~f the cond~bonal use permit ~s not approved The apphcant's bus~ness (and hobby) ~nvolves "gunsm~thlng' (repair of firearms) and also repair of small machine parts Typically the repair work ~nvolves a small metal part that must be repaired or re-fabncated Therefore, hrearms are usually d~sassembled before they are g~ven to the apphcant The machinery used for these act~wt~es ~s a lathe and m~llmg machine The no~se from th~s machine ~s equivalent to that emitted by a vacuum cleaner Customers rarely come to the property, and no dehvenes associated w~th the business are necessary S~te Des~qn The property ~s developed w~th a two-story 1,935 square foot house w~th an enclosed two-car garage at the front of the house The apphcant proposes to operate the bus~ness ~n half of the garage area, which totals 200 square feet Evaluation of Request The apphcant's request for a Conditional Use Permit to operate a home business ~s acceptable The proposed bus~ness ~s well w~th~n the hm~ts of a home occupation as outhned ~n Secbon 111 of the C~ty Zomng Ordinance and will have no ~mpact on the surrounding neighborhood There wdl be no employees other than the apphcant, very few customers coming to the house, and no dehvenes associated w~th the bus,ness The no~se emitted by the machinery used for the business ~s no louder than a vacuum cleaner Therefore, th~s Conditional Use Permit ~s recommended for approval subject to the conditions below Plann,ng CommJss,on Agenda December 11 2002 MICHAEL V POLAK / # 5 Page 4 Conditions 2 3 4 5 Th~s Conditional Use Permit ~s for repair work only No sale of firearms or other products or merchandise ~s permitted No more than 20 pement of the floor area of the dwelling unit and accessory structures shall be used m the conduct of actw~ty associated w~th the home occupation No traffic shall be generated by the home occupation ~n greater volumes than would normally be expected ~n the neighborhood No s~gn ~denbfy~ng the bus~ness shall be ~nstalled on the extenor of any budding on the property or w~thln any yard of the property The home occupation shall not create no~se, dust, wbrahon smell smoke, glare, electncal ~nterference, hre hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected ~n the neighborhood under normal c~rcumstances where~n no home occupabon exists NOTE Further conditions may be required during the administration of apphcable City Ordinances The site plan submltted with this condlbonal use permit may require revision during detailed stte plan rewew to meet all apphcable C~ty Codes Condttlonal use permits must be acbvated within 12 months of Ctty Council approval See Secbon 220(g) of the City Zoning Ordinance for further mformat~on Plann,ng Comm,ss,on Agenda December 11 2002 MICHAEL V POLAK / # 5 Page 5 Plans and Supporting Graphics LOT LOT 19 PARK S 72'2~'14" E 78 50' LOT 18 of DRAiNAGe: ESM T LOT 17 I~ 72'24'~¢' W 76 50' DAMASCUS TRAIL ( 50' R/W ) Planmng Commission Agenda December 11 2002 MICHAEL V POLAK / # 5 Page 6 Aerial and Location Map Plann,ng Comm~ss,on Agenda December 11 2002 MICHAEL V POLAK / # 5 Page 7 D sclosure Statement APPL1C4.TION PAGF 4 OF 4 [ CONDITIONAL USE PERMIT CITh OF VIRGINIA BEACH DIgCLOSURE S3'ATEMENT PROPFRTY OW~,ER Di~CLOSURE APpLICAI~r DISCLOSLRE Planning Comm,smon Agenda December 11 2002 MICHAEL V POLAK / # 5 Page 9 Michael V Polak Conditional Use Permit 3064 Damascus Tratl District 7 Princess Anne December 12 2002 CONSENT Ronald Rlpley Okay Next order of is our consent agenda And Dot Wood would you please conduct this portion of this business meeting Dorothy Wood Thank you Ron This afternoon we have seven items on the Consent agenda As I call your name, would you please step to the podium and state your name, you've read the conditions and agree wtth them and ~f anyone has any opposmon to any of the items on Consent please let us know and we will drop it down to the regular place tn the agenda The first item is Item #5 with five conditions It is the application of M~chael Polak for an Ordinance for a home occupation on the north side of Damascus Trml m the Pnncess Anne Borough And agmn it has five conditions Mr Polak is anyone representing you'~ You ve read the conditions s~r'~ M~chael Polak Yes ma'am I have Everything is acceptable Dorothy Wood Thank you Is there any opposition to Item #5 with five condmons apphcatlon of Michael Polak'~ Heanng none Ronald Rlpley Okay can we get a monon'~ Dorothy Wood Mr ~pley, I d like to move and approve the following consent agenda items, item #5 with five conditions Mr Horsley would you please tell us about Item #5'~ Donald Horsley Certainly Ronald R~ple3 Let's do the motion fu'st Get approval on the motion and then we re back Donald Horsley I'll ~econd the motion Dorothy Wood Item #5 with five conditions Donald Horsley I thought you made the mouon~ Dorothy Wood l d~d make the motion Donald Hoflsey I'll ~econd it Item #5 Mxchael V Polak Page 2 Ronald R,pley Okay We have a morion by Dot Wood and seconded by Don Horsley Before we vote Don w,ll you please tell th~s group our posit,on on th,s ~tem Donald Horsley Alnght Certa,nly Item #5 the home occupat,on betng a gunsmith ,s kind of a hobby tor the applicant for number five It seems he s been doing th~s occupation ~n Norfolk and it's gotten along real welI and it seems to fit ,nto the hrmtat,ons of our zoning ordinance and it doesnt appear to have any ~mpact tn the neighborhood and there are ample conditions to protect the neighborhood so the favorable staff recommendanon That'q the reason v. hy we put it on Consent agenda Ronald Rtpley Okay. with that said and wtth the mot,on on the table I would hke to call for the morton We re ready to vote I beheve AYE 10 NAY 0 ABS 0 ABSENT I ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS WOOD AYE ABSENT Ronald R~pley By a vote of 10-0. the motion passes Map G 2~- H 2~ .~ ~o~ ~ .... ~ Ma~ G Patsel Ggm 1387-85-5529 ZONING HISTORY There ~s no zomng h~story to report CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Margaret G Patsel- Conditional Use Permit MEETING DATE January 14, 2003 · Background An Ordinance upon Apphcabon of Margaret G Patsel for a Cond~honal Use Permit for a horse boarding fac~hty on the east side of Crags Causeway, 380 feet more or less south of Baum Road (GPIN 1387855529) Sa~d pamel ~s located at 6316 Crags Causeway and contains 17 669 acres DISTRICT 7 - PRINCESS ANNE The purpose of th~s request is to operate a horse boarding fac[hty from the ex~sbng stable on the property Considerations The apphcant proposes to board up to e~ghteen horses on the property The facd~ty wdl be used for horse boarding only No horseshows, chn~cs, or pubhc nd~ng are planned There wdl be no other employees on the s~te other than the applicant Operating hours are proposed from 6 O0 am to 10 O0 pm everyday The proposed use ~s compahble m th~s agncultural area of the C~ty of the C~ty Zoning Ordinance hm~ts nd~ng ammals to three per acre cntenon, the property could theorebcally support up to 53 horses Section 241 Under th~s The Planning Commission placed th~s ~tem on the consent agenda due to ~ts compabbd~ty w~thm th~s agncultural area and would not adversely ~mpact the surrounding area Staff recommended approval and there was no opposition to the request Recommendations The Planning Commission passed a mobon by a recorded vote of 10-0 to approve th~s request w~th the following cond~bons 1 There shall be no more than 18 horses boarded on th~s s~te at one hme 2 No more than e~ght horses shall be boarded in the ex,sting barn · Attachments Margaret Patsel Page 2 of 2 Staff Review D~sclosure Statement Planning Commission M~nutes Locahon Map Recommended Action Staff recommends approval Planmng Commission recommends approval Subm~thng Department/Agency Planning Department~ City Manager {~~$ ~-~ ~6'~ MARGARET B. PATSEL/# 6 December 11, 2002 General Information: APPLICATION NUMBER REQUEST ADDRESS G23 - 210 - CUP - 2002 Cond~bonal Use Permit (horse boarding facility) 6316 Crags Causeway GPIN ELECTION DISTRICT 13878555290000 7 - PRINCESS ANNE Plann,ng Comm,ss,on Agenda December 11, 2002 MARGARET B PATSEL / # 6 Page 1 SITE SIZE STAFF PLANNER PURPOSE 17 669 acres Ashby Moss To operate a horse boarding fac~hty from the ex~shng stable on the property Major Issues: · Degree to which the proposal ~s compatible w~th surrounding properhes Land Use, Zoning, and S,te Characteristics: Ex~sbn,q Land Use and Zonmq The property is currently developed w~th a s~ngle-famlly dwelhng and a stable and ~s zoned AG-1 and 2 Agncultural D~stncts The property was recently approved for the Agncultuml Reserve Program (ARP) Surround~nq Land Use and Zomnq North South East · Single-family rural dwellings / AG-1 and 2 Agncultural D~stncts · S~ngle-famdy rural dwellings / AG-1 and 2 Agncultural Distr,cts · Agncultural fields ~n Agncultural Reserve Program (ARP) / AG-1 Agricultural D~str~ct Plann,ng Commission Agenda December 11, 2002 MARGARET B PATSEL ! # 6 Page 2 West · Across Crags Causeway, agricultural fields / AG-1 and 2 Agricultural D~stncts Zon~n,q H~story There ~s no zoning h~story to report ,n the ~mmed~ate v~cm~ty of th~s apphcahon A~r Installahon Compabble Use Zone (AICUZ) The s~te ~s ~n an AICUZ of less than 65dB Ldn surrounding NAS Oceana and NALF Fentress Natural Resource and Physical Characteristics The property ~s developed w~th a smgle-famdy dwelhng, barn, and various other outbudd~ngs All of the structures are located on the western end of the property near Crags Causeway The rear of the property ~s mostly open fields Public Facihties and Services Water and Sewer There ~s no C~ty water or sewer available wells and wastewater d~sposai systems Health Department approval ~s required for Transportabon Master Transportation Plan (MTP) / Capital Improvement Program (ClP) Crags Causeway ~s a 40-foot nght-of-way that ~s not designated on the MTP or scheduled for ~mpmvements ~n the current adopted CIP No s~gmflcant ~ncrease ~n tnp generation ~s anbc~pated as a result of the apphcant's proposal Pubhc Safety Pohce F~re and Rescue No comments All-weather surfaced roads should be provided for emergency vehicle access to structures The pond on the property could offer water supply for hreflght~ng ~f the owner prowdes an access road and/or a draft hydrant The owner may contact Planmng Comm,sslon Agenda December 11, 2002 MARGARET B PATSEL / # 6 Page 3 the F~re Department for further mformabon Comprehens,ve Plan The Comprehensive Plan recommends farming forestry, rural res~denbal, and other rurally compabble land uses for th~s port,on of the C~ty Summary of Proposal Proposal The apphcant proposes to board up to e~ghteen horses on the property There ~s an ex~sting stable on the property that can hold e~ght horses A future stable may be constructed to hold another ten horses The facility wdl be used for horse boarding only No horseshows, clinics, or pubhc nd~ng are planned There w~ll be no other employees on the s~te other than the applicant Operating hours are proposed from 6 O0 am to 10 O0 pm everyday S~te Des~qn The ex~stmg barn ~s approximately 3,000 square feet and ~s located behind the house 150 feet east of Crags Causeway Section 241 of the C~ty Zoning Ordinance requires all buddings housing ammals to be at least 100 feet from any property hne The bam ~s 50 feet from the south s~de property I~ne and 75 feet from the north s~de property line The apphcant has requested a vanance from the Board of Zoning Appeals for th~s encroachment and is scheduled on the December 4, 2002 agenda The results of the vanance request w~ll be reported at the Planning Commission bnefing on December 11,2002 The applicant has also proposed a 2,160 square foot future barn much farther back on the property that would meet the C~ty Zomng Ordinance requirements Th~s ~s ~ntended to allow for potential expansion ~f desired ~n the future Plann,ng Comm~ss,on Agenda December 11, 2002 MARGARET B PATSEL / # 6 Page 4 Vehicular and Pedestrian Access · There ~s one access point to the property from Crags Causeway Architectural Des qn · The ex~sbng barn ~s an A-frame wood building with a pitched shingled roof Evaluation of Request The apphcant's request for a home boarding facd~ty ~s acceptable The use ~s compahble m th~s agncultural area of the City The apphcant proposes to use an ex~stmg stable for up to eight homes and possibly budd another stable so that a total of 18 homes could be boarded on the s~te Sechon 241 of the C~ty Zomng Ordinance hm~ts nd~ng ammals to three per acre Under th~s cntenon, the property could theoretically support up to 53 horses Therefore, this apphcat~on ~s recommended for approval subject to the condlbons hsted below Conditions 1 There shall be no more than 18 horses boarded on th~s s~te at one t~me 2 No more than e(ght homes shall be boarded ~n the ex~stmg barn NOTE Further condlttons may be required during the admlmstrabon of apphcable C~ty Ordinances The s~te plan submttted wtth th~s cond~bonal use permit may require rewston during detatled s~te plan rewew to meet all apphcable C~ty Codes Condibonal use permits must be acbvated w~thm 12 months of Clty Councd approval See Secbon 220(g) of the C~ty Zomng Ordinance for further mformabon Planmng Comm,ss,on Agenda December 11, 2002 MARGARET B PATSEL ! # 6 Page 5 Plans and Supporting Graph,cs / (See Next Page for Detail) CRAGS :~USEIi~Y (40 - =-~ece~t-b~r11,=~)0~ ~'-~:.--~)~ MARGARET B PATSEL/#6 '~ Page 6 Planning Commission Agenda December11,2002 MARGARET B PATSEL/#6 Page 7 Location Map Planning Commission Agenda ~ December 11, 2002 ~,~ MARGARET B PATSEL / # 6 Page 8 Disclosure Statement APPLICAT{ON P iGE .t OF 4 ~ CONDITIONAL USE PERMIT CiTY OF VIRGIN£A B£~,CH DI$CI OSURE STATEMENT PROPERTY O~,~,NER DISCLOSURE APPLICANT DISCLOSURE Planning Commission Agenda December 11, 2002 MARGARET B PATSEL / # 6 Page g Item -/46 Margaret G Patsel Conditional Use Permit for a horse boarding facfllt5 East side of Crags Causeway 6316 Crags Causeway District 7 Prmcess Anne December 12, 2002 CONSENT Dorothy Wood The next consent ~tem is Item #6 with two conditions It s the application of Margaret Patsel, an ordinance for an application for a Conditional Use Permit for a horse boarding facility on the east side of Crags Causeway It contains 17 5 acres and it is m District 7, the Princess Anne District and it has two cond~uons Margaret Patsel Dorothy Wood Margaret Patsel Dorothy Wood Yes ma'am Margaret Patsel Yes Dorothy Wood Thank you Ronald R~pley Dot`7 Dorothy Wood What`7 Ronald Rtpley Qmck fix Betsy Atk~nson Dorothy Wood Margaret Patsel Dorothy Wood Margaret Patsel Dorothy Wood I have read the condmons and I agree w~th them And you have seen the second condmon that was added`7 That no more than 18 horses`7 Is there any opposition to Item #6`7 I think there was an added cond,tlon Did you see that9 No more than exght horses No more than exght horses in the existing barn Shall be boarded in the existing barn Right Yes ma'am Item #6 Margaret G Patsel Page 2 Margaret Patsel And then no more than 18 horses total on the property Dorothy Wood Yes ma am Margaret Patsel Yeah Dorothy Wood Thank you Donald Horsley That s when the second barn is constructed Margaret Patsel If the second barn is constructed Donald Horsley Right So there will just be eight until the second barn is constructed Margaret Patsel Absolutely Ed Weeden Ms Wood can I just get her to state her name for the record* Dorothy Wood Your name'~ Margaret Patsel Margaret Patsel Dorothy Wood Is there any opposition to Item #6 with two condmons'~ Thank you Mr Rlplev, I'd hke to move and approve the following consent agenda ~tem, Item #6 w~th two condmons Mr Horsley would you please tell us about Item #6'~ Ronald Rlpley Okay Donald Horsley I thought you made the monon'~ Dorothy Wood 1 did make the motion Donald Horlsey I second it Ronald R~pley Okay We have a morion by Dot Wood and seconded by Don Horsley Donald Horsley Do you want me to go on with number slx'~ Dorothy Wood Please Donald Horsley On number six Ms Patsel the deal with the horses in the Blackwater section of Virginia Beach This is just down the road from Mr Baum and he checked with the neighbors and don't think there s a whole lot of problem with the neighbors The concern was w~th the varmnce that Ms Patsel had to get with the BZA and she s gotten that but, we think that any additional buildings am being placed in the rear ot the Item #6 Margaret G Patsel Page 3 property away from the adjomtng residence, them wouldn t be any problem adding the extra 10 horses for that facfilt3 So with favorable staff recommendation and also it was recommended thts morning that the Commission is going to refer it to the Ag Advisory Commission to look at the ordinance containing horses for future reference also Ronald R~pley Okay with that said and w~th the motion on the table I would hke to call for the motion We re ready to vote I beheve AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS WOOD AYE ABSENT Ronald R~pley By a vote of 10-0 the motion passes T B LLC Gpm 1489-89-9629 ZONING HISTOFIY 1 Rezon~ng (B-4 (SD) Resort Commercial - Shore Dnve Overlay D~stnct to A-24 Apartment w~th a PD-H2 Overlay D~stnct) - Pending Shore Drive Overlay D~str~ct- Approved 10-13-98 Rezon~ng (R-D 2 Residence Duplex to C-L 2 L~m~ted Commercial) - Approved 2-13-67 2 Conditional Use Permit (Rooftop Unmanned Commumcat~on Facility) - Approved 7-9-96 3 Conditional Use Permit (Rooftop Unmanned Commumcat~on Facd~ty) - Approved 1-23-96 4 Change to a Nonconforming Use - Approved 4-9-91 5 Conditional Use Permit (Motor Vehicle Rental) -W~thdrawn 9-12-95 6 Conditional Use Permit (Carwash) - W~thdrawn 4-25-88 Conditional Use Permit (Carwash) - W~thdrawn 4-30-90 ITEM TBJ, L L C - Conditional Use Permit MEETING DATE January 14, 2003 · Background An Ordinance upon Application of TBJ, L L C for a Conditional Use Permit for three (3) residential un~ts on the west s~de of Page Avenue, 396 92 feet south of Jade Street (GPIN 1489899629) Parcel ~s located at 3232 Page Avenue and contains approximately 47,727 square feet DISTRICT 5 - LYNNHAVEN The purpose of th~s request ~s to obtain a Conditional Use Permit to develop a three umt dwelling (mulh-fam~ly) on a s~te located w~th~n the B-4 Resort Commercial D~stnct with the Shore Dnve Corndor Overlay Considerations The site is a long, narrow rectangle, a little over fifty w~de at the street flanng to seventy feet ~n width at the mean Iow water mark of the bay The proposed structure ~s s~tuated approximately 346 feet from the property I~ne along Page Avenue A variance to reduce the side yard setbacks was approved m 1989 As a result of the vanance granted ~n 1989, the bu~ld~ng has been pos~boned five feet from the eastern property line and e~ght feet from the western property I~ne The bulld~ng is proposed to be situated approximately 335 feet from the property line at the mean Iow water mark of the bay The proposed building w~ll be four stones ~n height w~th a parking garage on the first floor and the three un~ts stacked upon one another on floors two through four The proposed use ~s consistent w~th the recommendations of the Comprehensive Plan and the Shore Dnve Corndor Overlay D~stnct The proposed structure ~ncorporates many of the recommendations of the Shore Design Corndor Guldehnes Staff recommended approval There was opposition to the proposal Recommendations The Planning Commission passed a mobon by a recorded vote of 10-0 to approve th~s request w~th the following cond~hons TBJ Associates Page 2 of 2 The s~te shall be developed ~n substantial conformance w~th the submitted s~te plan htled "EXHIBIT PLAN OF LOT 15, BLOCK 2, LYNNHAVEN SHORES FOR TBJ ASSOCS" Prepared by Kellam - Gerw~tz Eng~neenng, Inc, and dated 10/14/02 Sa~d plan ~s on file ~n the C~ty of V~rgm~a Beach Planning Department 2 The proposed building shall be constructed ~n substantial conformance w~th the submitted architectural elevahons htled "PAGE AVENUE CONDOS, VIRGINIA BEACH, VIRGINIA", prepared by Warner and Associates, and dated 10/14/02, rewsed 11/21/02 Sa~d plan ~s on file w~th the C~ty of V~rg~n~a Beach Planning Department 3 The apphcant shall submit a landscape plan ~n accordance with the S~te Plan Ordinance, Sechon 5A, for the s~te The landscape plan shall address restorahon and replanting of the area between Page Avenue and the parking area Th~s area shall be planted w~th plants that are recommended ~n the Shore Dnve Corndor Plan plant hst 4 The apphcant shall work w~th staff to protect and preserve the hve oak tree ex~sbng m the Page Avenue nght of way at the southeast corner of the s~te The apphcant and staff shall work together to modify the p~tch of the roof on the structure to reflect the recommendations of the Shore Drive Corndor Design Gu~dehnes of a p~tch between 6 12 and 10 12 · Attachments Staff Review D~sclosure Statement Planmng Commission M~nutes Locabon Map Recommended Action Staff recommends approval Planning Commission recommends approval Subm,ttmg Department/Agency Planning Depar'tment~-7~ TBJ, LLC / # December 11, 2002 General Information: APPLICATION NUMBER REQUEST ADDRESS G03-211-CUP-2002 Conditional Use Permit for three (3) residential umts 3232 Page Avenue, the west s~de of Page Avenue, 396 92 feet south of Jade Street Gpm 1489-89-9629 GPIN 1489899629 Plannmng Commmss,on Agenda December 11, 2002 TBJ, LLC ! # 8 Page I ELECTION DISTRICT SITE SIZE STAFF PLANNER PURPOSE DISTRICT 5 - LYNNHAVEN 47,727 square feet Faith Chnshe To obtain a Conditional Use Permit to develop three multiple-family dwelling umts on a s~te located w~thm the B-4 Resort Commercial D~strlct w~th the Shore Dnve Corndor Overlay Major Issues: · Consistency w~th the Shore Dnve Corndor Oveday D~stnct and the Shore Drive Design Guidelines · Compat~b~hty w~th the surrounding uses Land Use, Zoning, and Site Character,stics: Exlst~nq Land Use and Zon~nq The s~te ~s occupied by several c~nderblock structures (two un,ts) and native vegetation All structures w~ll be demolished The site ~s zoned B-4 Resort Commercial w~th the Shore Drwe Corndor Overlay District Surroundlnq Land Use and Zonlnq North South Chesapeake Bay Page Avenue Across Page Avenue are Mult~ple-Famdy Condominium Un~ts / B-4 (SD) Resorl Commercial w~th the Shore Dnve Corridor Overlay D~stnct Planning Comm,ss,on Agenda December 11, 2002 TBJ, LLC ! # 8 Page 2 East West · Cinderblock building / B-4 (SD) Resort Commercial w~th the Shore Dnve Corndor Overlay Dmtnct · Multiple-Family Condominium Un~ts / B-4 (SD) Resort Commercial with the Shore Dnve Corridor Overlay D~stnct Zon~nq H~story The s~te has been zoned B-4 Resort Commercial since 1973 w~th the adoption of the Comprehensive Zoning Ordinance The Shore Dnve Corndor Overlay D~stnct was adopted ~n October 1998 The Shore Drive Corndor Overlay District requires a Conditional Use Permit for the development multiple-family dwelling projects On March 31, 1989 the Board of Zoning Appeals approved a variance request to reduce the side yard setbacks to five feet Air Installation Compatible Use Zone (AICUZ) The site ~s in an AICUZ of 65dB Ldn surrounding NAS Oceana Natural Resource and Physical Charactensbcs Several small c~nderblock cottages occupy the site Consistent w~th ~ts close proximity to the Chesapeake Bay shoreline, the s~te possesses sandy sod and m~xed vegetative cover The s~te ~s w~th~n both the Resource Protechon and Management Areas of the Chesapeake Bay Preservation Area Fortunately the proposed development ~s over 100 feet from the mean h~gh water I~ne so ~t ~s not located within the Chesapeake Bay Preservation Area buffer No addlbonal approvals or permits are required Public Facilities and Services Water and Sewer Water Sewer There ~s a SlX-tach water ma~n ~n Page Avenue fronhng the s~te The s~te must connect to C~ty water There ~s a flfteen-~nch sanitary sewer main ~n Page Avenue ~n front of the site The site must connect to City sewer Planning Commission Agenda December 11, 2002 TBJ, LLC / # 8 Page 3 Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP) Page Avenue ~s a local residential street and ~s not depicted on the Master Transportahon Map R~ght of way ~mprovements Including pavement w~demng, curb and gutter, and s~dewalk to match the exlshng roadway sechon to the south w~ll be required dunng detaded s~te plan revrew Traffic Calculations Traffic Eng~neenng D~ws~on of Pubhc Works provided no comments The following ~s the Planmng Department s est~mabon of generated tnps Street Name Present Present Generated Traffic Volume Capaclt~ 6 200 ADT- Ex~stmg Land Use 2 20 Page Avenue N/A (Level of Sennce C ) Proposed Land Use 3 30 Average Dady Tnps as defined by two dwelhng umts as defined by three dwelling umts Schools School populabon wdl not be noticeably affected by the development Pubhc Safety Pohce The apphcant ~s encouraged to contact and work w~th the Cnme Prevention Off~ce w~thm the Pohce Department for crime prevention techmques and Cnme Prevention Through Enwronmental Design (CPTED) concepts and strategies as they pertain to th~s s~te Fire and Rescue F~re Department ~ssues wdl be addressed during the building permit process Comprehensive Plan The Comprehensive Plan Land Use Map designates th~s area as a Resort Area That is an area that generally supports resort type uses ~nclud~ng lodging, retail, entertainment, recreabonal and cultural uses Planning Commission Agenda December 11, 2002 TBJ, LLC ! # 8 Page 4 The Comprehensive Plan land use pohc~es and map designation for the Bayfront Planning Area support res~denbal proposals that reflect, restore and enhance th~s area's umque character as a beachfront res~denhal commumty Slmdar land planmng and development objecbves stated in the Shore Drive Corridor Plan to be achieved for this commumty ~nclude mlmm~zed ~mpacts to the natural resources both on and off-site, m~mm~zed storm water runoff, minimized traffic ~mpact, preserved and enhanced scemc views and v~stas, and enhanced commumty aesthebcs, quality of I~fe and economic wtal~ty Summary of Proposal Proposal The applicant proposes three mulbple famdy dwelling umts on the s~te The Shore Dnve Corndor Overlay D~stnct requires a Cond~bonal Use Permit for mulbple family dwellings The allowed density for zomng lots of 30,000 square feet and less than four (4) acres ~s 24 umts per acre The proposed density of three un~ts compl~es w~th the allowable density for the s~te S~te Des~qn The s~te ~s a long, narrow rectangle, a I~ttle over fifty w~de at the street flaring to seventy feet m width at the mean Iow water mark of the bay The proposed structure ~s s~tuated approximately 346 feet from the property hne along Page Avenue A vanance to reduce the s~de yard setbacks was approved m 1989 As a result of the vanance the proposed budding wdl be pos~boned five feet from the eastern property I~ne and e~ght feet from the western property I~ne The building ~s also proposed to be approximately 335 feet from the property I~ne at the mean Iow water mark of the bay The proposed building ~s four stones ~n height w~th a parking garage on the first floor and the three umts stacked upon one another on floors two through four Vehicular and Pedestnan Access A s~ngle twelve-foot w~de dnveway ~s depicted on the submitted s~te plan The dnveway extends approximately 265 feet ~nto the s~te from the property line along Page Avenue There are ten parking spaces shown ~n front of the Planning Commission Agenda December 11, 2002 TBJ, LLC / # 8 Page 5 building There ~s no s~dewalk along the front of the s~te As a condition of s~te plan approval r~ght of way ~mprovements ~nclud~ng pavement w~demng, curb and gutter, and s~dewalk to match the ex~sbng roadway sechon to the south w~ll be required Staff ~s hopeful that the applicant and Public Works / Traffic Eng~neenng can work together to save the L~ve Oak tree ex,sting m the Page Avenue r~ght of way, at the southeast corner of the s~te Architectural Des~qn The submitted architectural elevabon depicts a building that ~s 'transitional' ~n design It has a modified h~p roof of slate gray fiberglass shingles The p~tch of the roofl~ne should have a slope between 6 12 and 10 12 Vanat~ons m roofl~nes are encouraged by the Shore Dnve Design Gu~dehnes The front of the building, facing Page Avenue, has a shght courtyard w~th the each end of the building extending forward between seven and rune feet The first floor and m~ddle port~on of the building ~s gray spl~t face block, w~th the ends being s~mulated wnyl cedar shakes A white honzontal aluminum tnmmed board prowdes rehef between the first floor and the second floor of the building L~m~ted quantities (up to 50%) of the building walls should be bnck, stone, or spl~t face block, as recommended by the Shore Dnve Design Guidelines A shed roof supported by modified Donc columns covers the front entrance to the building Staff recommends that the roof be extended to cover the area between the two budding extensions Th~s would prowde continuity and balance In that area of the structure Several window styles are depicted for the front of the structure On each of the ends of the building are s~ngle s~x over s~x w~ndows that have transom w~ndows above them In the m~ddle section of the building a round gndded w~dow ~s depicted on the second floor and Palladian style w~ndows are depicted on the third and fourth floors Planning Comm,ss,on Agenda December 11, 2002 TBJ, LLC / # 8 Page 6 The sides of the building are depicted ~n gray s~mulated wnyl cedar shakes Each floor has double s~x over s~x w~ndows w~th transom w~ndows above them The rear of the structure, facing the bay, ~s mostly glass w~th tnple French doors and triple s~x over s~x w~ndows Covered decking fifteen feet ~n w~dth extends across the w~dth of the structure The ra~hngs and columns are aluminum, white ~n color A four-foot w~de walkway extends from the building to the beach As recommended, the walkway has a mmtmum clearance of three feet over the dune There are no add~honal approvals from the Chesapeake Bay Board or the Wetlands Board required for the walkway Landscape and Open Space Des qn The submitted s~te plan shows mm~mal landscaping on the s~te However, the plan does state that the "Owners agree to prepare landscaping plan acceptable to the c~ty staff, using plant hst from the Shore Dnve standard" Staff recommends that the area between Page Avenue and the parking area Planmng Commission Agenda December 11, 2002 TBJ, LLC / # 8 Page 7 be restored and planted w~th plants that are recommended for use ~n the Shore Dnve area, as specified ~n the Shore Dnve Corndor Plan Plant List Additionally staff recommends that the L~ve Oak tree exlsbng ~n the Page Avenue right of way at the southeast corner of the site be protected and saved Evaluation of Request The request for a Cond~honal Use Permit to develop three mult~ple-famdy dwelhng un~ts ~s acceptable subject to the conditions hsted below The proposed use ~s consistent with the recommendabons of the Comprehensive Plan and the Shore Drive Corndor Overlay D~stnct The proposed structure ~ncorporates many of the recommendations of staff and those ~n the Shore Design Corndor Gu~dehnes Therefore staff recommends approval of the Conditional Use Permit to develop three mulbple-fam~ly dwelhng umts subject to the conditions hsted below Conditions 2 3 4 The s~te shall be developed m substanbal conformance w~th the submitted s~te plan t~tled "EXHIBIT PLAN OF LOT 15, BLOCK 2, LYNNHAVEN SHORES FOR TBJ ASSOCS" Prepared by Kellam - Gerw~tz Engmeenng, Inc, and dated 10/14/02 Sa~d plan ~s on hie ~n the City of V~rgln~a Beach Planning Department The proposed budding shall be constructed ~n substantial conformance w~th the submitted architectural elevabons btled "PAGE AVENUE CONDOS, VIRGINIA BEACH, VIRGINIA', prepared by Warner and Associates, and dated 10/14/02, rewsed 11/21/02 Sa~d plan ~s on hie w~th the C~ty of Virginia Beach Planmng Department The apphcant shall submit a landscape plan ~n accordance w~th the S~te Plan Ordinance, Secbon 5A, for the s~te The landscape plan shall address restoration and replanhng of the area between Page Avenue and the parking area Th~s area shall be planted w~th plants that are recommended ~n the Shore Dnve Corndor Plan plant hst The applicant shall work w~th staff to protect and preserve the hve oak tree existing m the Page Avenue nght of way at the southeast comer of the s~te Planmng Comm~ss,on Agenda December 11, 2002 TBJ, LLC / # 8 Page 8 5 The apphcant and staff shall work together to modify the pitch of the roof on the structure to reflect the recommendabons of the Shore Drive Corridor Design Gu~dehnes of a p~tch between 6 12 and 10 12 NOTE Further condlbons may be requlred during the administration of apphcable C~ty Ordinances The site plan submitted wlth th~s Cond~bonal Use Permit may require revision durlng detailed s~te plan rewew to meet all applicable C~ty Codes Condlbonal Use Permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planmng Commission Agenda December 11, 2002 TBJ, LLC / # 8 Page 9 Plans and Supporhng GraphIcs !ii; ,ii i lJJihJJJill "' 'lJJJ"Jll'J Planning Commission Agenda December 11, 2002 TBJ, LLC / # 8 Page 10 · I Planmng Commission Agenda December 11, 2002 TBJ, LLC / # 8 Page11 Planning Commission Agenda~,;~'~;;-- · December 11, 2002 ~,~- TBJ, LLC / # 8 ~'~ Page12 Aer,al and Location Map Planmng Commission Agenda ~'!'%~--~.~~ .~ December 11, 2002 ~ TBJ, LLC / # 8 Page13 Planmng Commlss,on Agenda December 11, 2002 TBJ, LLC / # 8 Page 14 Disclosure Statement APPLICq. TION P4t,F 4 (IF 4 t CONDITIONAL USE PERblIT CITY OF VIRGINIA BEACH DISCLOSURE STATEMFNT S~pphcanl ~ Nam~ ~ ~--~- ~--r~ ~ L~ ___ I ,st All Currenl PROPERT~ OV~ER DISCLOSURF APPLICANT DISCLOSLRE Planmng Commms~on Agenda December 11, 2002 TBJ, LLC / # 8 Page15 TBJ LLC Conditional Use Permit West s~de of Page Street 3232 Page Avenue D~stnct 5 Lynnhaven December I2 2002 CONSENT Dorothy Wood The next ~tem ~s Item #8 which is TBJ L~m~ted L~abd~ty Corporatxon, an ordinance for apphcanon of TBJ for a Condmonal Use Penmt for three res~denUal units on the west side of Page Avenue It's located at 3232 Page Avenue and It has five condmons Anyone here representing TBJ LLC') Joe Dreps Hi my name ~s Joe Dreps I m the 'J m TBJ and yes we are accept the condiuons as presented Dorothy Wood And you have read`> Joe Dreps I would hke to thank the staff for their guidance and help m th~s matter Dorothy Wood Have you seen the new condmon number five sir`> Joe Dreps I m not very sure what is condmon five Dorothy Wood It s on the pitch of the roof Would you hke to see ~t'~ Joe Dreps Yes We believe and we talked to our arctutect, we beheve the pitch of the roof as he s presented it is 7 12, which should fall between 6 12 and 10 12, so according to our architect ~t should fall within that range Doroth) Wood Ronald Pdpley Dorothy Wood Ronald Popley Dorothy Wood Ronald R~pley Dorothy Wood Joe Dreps Okay that s fine Thank you s~r Mr Dreps I th~nk we do have some opposition Do we have opposmon~ I think Mr Solomon signed up to speak We'll drop ~t down We 11 drop it down We re going to need to hear the item The oppos~tmn Thank you very much Item #8 TBJ LLC Page 2 ROnald Rlpley Thank ~ou RI~,GULAR AG[~DA on the agenda RObert Miller Item #8 is Where we'll begin no~, and that ~s T ~n~t~ Thank ,ou M, ~-- BJLL C Numar e, ght ..... wan ss the ',~, ~fi,,mue ~s Joe D~ uutst~dmg se~- o m IBJ First ne ~. ~cps ] ~ the 'j ~ ~. you put mtn th- ~u~ to oar commum.. ' ~ we would hk~ - 'Y ~ Th~ 1~ ~. - CO~mend~~ ~ ~sjoo ~s Just to ~.. '? especially v~., ~.. c co tfl~k You *~- . v~r Bud Sh~. ~u ~or what w,, ~ '"~ unOehevab)~ - ~" au gertme o~c ~_'~' your . ~ts WhO~stho ~ -uoo To~_, ~ And lthwv ~ " lfletlme.~ , ..... o rue ~ an~ ~ -~m and ho o, ~a OWned th~ ~ ' ~'~Y ~tse/f ~o ~o it JUgt nO~*ff~s processes ~d :~ -,~ed to budd o~ .~ ~m~ny Since ,~ ~ ~yroved us . ~ ~s CO~rse fin~. o~ o~ SO~e fa~ ~ ~ '~y oack m happe~s ,~ ~ ual residences m~ Y It s actUMl,, .~ r u~ ye~s 4co b~ ,cu Under ~'O~k "seffcan ~7/,~°n~ res,dence an~ ~ no Umts for S~e ~'~ ~e ~Omg ~o suing to live th~-~ ..q~u conslderabh. ~ , ~e re going tn k , , ms ~ree un- ~ ~ullt tot . . We ye had ~ . hat ~e re b-.,~ ourse final ..... ork ~thm Wlth the adm~ a number Ofch~ UUUln~ We th L Y wild their ~,.4 Advisor. ~-~e~t Pmpe~y o~ ange~ to OVer the ~ -,m~ tt looks nretp~u~ce l~ .~ ~Ommlttee~ _ ,,~r% the Co~. .asr slx ~o~.~ r v good at ~e pro~ rl~* ~ a~o 4 ~g~er ~c.~ all[lo~ OffClvlr. ~ utn~ ~e halo ~ qu~lty ~a[_ ~"' next to us We ~' ~-me md~v~du.~ ' ~agUe~, the S"~ -~so met '-a/erla/s M~..~ ,~vme ~P gllh th~* ..at We are ~Oln~ , ~ ~-tile CO~dom~.,, iron a ,.,~_,-'T'"'Y, Oecause ,, _ -.,.t s extremeh, gj --~ ,o oe puttmo *~ ""'aUkS ~d -uole lot OF~ "~ gOm~ l~ ~- '7 u/ce W~'-- e ~-ere Is th~ u . -ue~l Unless Vo~ .~. ',~ Whe~ we hw ~e using ~ery hi.~"~ R°n~dRlple3 Mr Dreps. lno wouldhkes~_ _ ~ ~nd ~o,I~ s-qu~lty · ~.~c aadU~on~ m fo~'- uol going to go ~nd then you enter 1~_. . tlce you ~. ~--aUon mat ho~ t~ , uu~s hke ~ ~, 6~ P~km~ · "~ avout is~ ~' eaevator that t~es ~_~ou 11 ~ P~n~ zuu up Into e~ '~ uue~eath he~ -~u malvldual unit, IS J~ Dreps That s co~ect Each ~oor ~s a one m the m~ddle A ~s ~r unit, ~d *~ nd, what we 11 e-a ~?~ate unit I ~ .~ -~m/y for v~s..~"~en We have som~ ~P doing ~s there'~ ~' u.~e s~dW~ch on. · Ronald o. , ~' ~ When the,. ~ '"~ ~u~t~on~ n~.. - ~ P~m~ u.a~ "~ ~ m the · .,p~ey Ho~ f~. ~ come see us v~mg on the c,,,,~ j'~meath for tw~ · ~ ~e you ~etback fro ~me ~h~ch ~dl ~'~ m the S~eet9 Item #8 TBJ, LLC Page 3 Joe Dreps Pretty close to 400 feet Ronald Rzpley So quite a long ways Joe Dreps A long ways Ronald Rlpley The length of a football field Joe Dreps Oh yes szr Ronald Rlpley How about out to the beach9 How far Js that9 Joe Dreps Out to the beach ~t s another almost 350 feet Ronald Rlpley Okay And you are going to tmprove this for your own personal residence, which I imagine you all w~ll probably be spending a lot of money when you get in there and braid something for yourself Joe Dreps Yes sir Unfortunately, a little more than what I want to spend But, yes str What we re doing ~s the actual construction will be rock and steel so it's going to be very very solid and on the exterior we re pumng a very expensive cedar shake type wnyl with white trim so that it looks very beachy and Cape Codmh Ronald Ripley And the rmhngs are what9 Joe Dreps There either be vinyl or rapped wood One of the two Ronald R~pley Any questions'~ Joe Dreps No mmntenance I'm tired of maintenance That s why I m moving there Ronald Rlpley Anybody have any other quesnons'~ Bud Frenck If I mzght say one or two things Ronald Rlpley Yes, Mr Frenck Bud Frenck One comment I m Bud Frenck The comment that we received number five and I think somebody eluded to it, and Mr Dreps handed it to me It was already in there I talked to our architect and they indicated the pitch on the roofs were all 7 12 The only roof that would have a pitch that would be any different is the entrance door that you see just to the right of the garage door that goes into the parking area has a shed type roof on it that has a 3 12 pitch ~n order to allow window above it I'm the first floor user So, and that fact that window, we have a more recent drawing that is actually Item #8 TBJ, L L C Page 4 going to be a regular full size window rather than a circular window with a pitch allowed on that shed roof over the entrance We re able to get a regular window in there so there will be three wmdow~ all essentially the same there which all. ow,, light and a view and that s the foyer area of my window and that was important to me any~,ay But other than that roof which has the 3 12 pitch that just covers the entrance all the other roofs are 7 12 pitch Ronald Rlpley Well what staff has recommended is to modify that condition I believe so that it will work with the staff so I think you will find a lot of flexibility with them on that I also discussed with them in the informal meeting about the tree and makang sure that you work with that and the) are fully aware of that They don t want to lose that tree so they want to work around it Bud Frenck That tree is actuallv not on our land We'd like to keep it too Ronald Rlpley It s in the right-of-way, isn t it9 Bud Frenck It's in the right-of-way and it's on the adjacent right I think, it looks hke our line just touches the western side of that tree Ronald Rlpley Mr Dm has a question William Din Now that you mentioned the roof of that doorway your drawing doesnt show that protruding out on the side elevations Bud Frenck Yes sir William Din Does it protmde out or Is it recessed in`> Bud Frenck No Bud Frenck May I point at that there* Can I use this thing`> Ronald R~pley Do you know how to use it9 Bud Frenck I sure don t That side and this side over here extend out from the center section about five feet e~ght inches, I believe The shed roof there comes out witban four roches of the protruding wing W11ham Din Okay I understand Bud Frenck You walk under it It has a 3 12 pitch It rises about a foot and a half from the front up to the building And then the other window would just be a regular window And then ail the other roofs including the gables have a 7 12 pitch I found out that all the pitches are exactly the same on the structure of the house Item #8 TBJ LLC Page 5 Ronald Rlpley Okay Any other questions`> Have a seat If you want to rebut anything you re welcome Robert Miller In opposition Mr Todd Solomon Todd Solomon Good afternoon ladies and gentleman of the Comrmssion My name is Todd Solomon I m not the "T ' m TBJ not to be confused I m here to discuss some general issues It just so happens this was first on the list of the agenda so it 11 be my first discussion point Item #20 I m also going to come up possibly and discuss some other issues This proposal along with well actually I would like to start off with general question If anybody knows what an architects arch is9 Does anybody know what the main component of that arch is9 Keystone Ronald Rlpley We usually ask the questions Todd Solomon Sorry The keystone and without a keystone that arch would fall apart And that s what we at the Shore Drive Cornmumty Coalition likened the Shore Drive Overlay District to is the Keystone of that area without enforcement of that the whole Shore Drive area may collapse in on itself as far as the design and the quality of life So il-ns issue along with actually four recent proposal developments have come across, actually two have been through you two you see here today all of them have one general concept and alarming trend towards the attempt to possibly comprormse this overlay district The Overlay District as you all know was designed to reduce density along Shore Drive area and maintain quality of life and vitality A part of doing that one of the stipulations was the number of units per acre, which this is obviously a wonderful example of meeting that to the best extreme Another way to minimize density is obviously with setbacks and a look at the density of the area All four of these issues that are coming before you do not comply with the existing setback requirements in the overlay d~stnct This one in particular, the adjacent properties is a 15-foot setback requirement This one I believe has an eight-foot I believe as the setback requirement So our concern in the coalition is for the betterment of the whole area We see, like I said, this trend we see basically two methods that are being set forth to potentially override these setback requirements The first one is obviously the direct approach through the Board of Zoning Appeals to have the variance request to that setback A second one being the change of zoning of the area to PH-D so that the developer can basically put whatever setbacks he would like in that area so all four of these have some play in it This one is uniquely compared to any of the other ones this one has the previously mentioned it already has variance granted by 1987, I believe or 1989 for a five-foot setback However in my op~mon that's toward the structure that is going to be built at that point in time but it carries on forever and ever So there again that brings up another item for use yourself Planning department and everybody else who starts approving things along Shore Drive that in the future as buildings are knocked down and they got grandfather setbacks in this Overlay District once agmn, holds no weight and 15 foot setbacks will be pretty much mute Anybody who comes in to build and is looking Item//8 TBJ LLC Page 6 at these guldehnes in the Overlay District thinking okay new construction has got to be 15 foot off the property hne it's not happening It doesnt look like it s happemng So there agatn that s our concern They should only be granted for these setbacks if adherence renders it unbmldable obviously and if there s tree hardship similar to like a residential property has to come before you and ask for these hardship. This one xn parttcular I beheved mentioned hem tn the document that it does That the Comprehensive Plan and Shore Drive Comdor Is consistent with the Overlay D~stnct and the Comprehensive Plan That's a slight mtqleadlng because ~t doesnt like I said once again it doesnt meet those 15 foot setbacks So you re just going back and researchtng this and lookmg at it looks like okay everything is fine and dandv It met that overlay dtstrlct reqmrement but m reahty ~t d~dn t meet that 15-foot setback which was a requirement of the Overlay District Once agaxn, on this tssue and future tssues ti would be race tf Planning Comrmssion, Planning Department, Board of Zomng Appeals and eventually at Council since these are Condmonal Use Permits could somehow put more ol a consistency to what's going to be approved since hke I said there s a barrage of four of these m the past couple of months unforeseen I guess others cormng along the way It would be race to have something a little more concrete and not a pun on words Sorry Thank you Ronald Rxpley Yes`) Robert Miller Mr Solomon you satd that the 15-foot setbacks obviously is what you would want to apply to this piece of land This is a 50-foot w~de p~ece of land so if you take 30 feet off of thru means you want a 20 foot w~de unit put in here Todd Solomon I understand And that is the hard spot on this one Obviously it would basically make it unbufldable wtth a 20 foot building on that property How you compromise of what s acceptable for the community and the builder is what needs to be, I don t know if you can sohd~fy that or iron that out a httle better for the community to but the consistency that this one hke 1 smd Item #20 cormng up also you 11 see that one takes that other route another approach And I believe there Is a Hardee s lot that was approved that went through here and through Council also that should have had a 30 foot setback offthe roadway and it wound up w~th a 10 foot setback so this whole comdor now ~s having these I understand there are some hardships and certmn areas would be granted but how you come up with between 5 foot and 15 foot it s not apparent to us We re not sure, so v. hat you deterrmne what s a bmldable or what's the correct stze for the property 1 don t know We just want to make it aware to you that hopefully you re seeing the larger pxcture too Robert Miller Well I think we do see the larger picture and we certmnly feel like there are very good guldehnesjust hke you smd but we have to listen to sttuat~ons that are not always going to be exactly compatible to what the gmdehnes say The gmdehnes came after the extstlng of the property Obviously so there's certatnly has to be an exchange of information and an understanding m wrmng toward~ the best possible result for the entxre commumty And I think that s what we try to do ~s make sure we get there 1 do Item #8 TBJ LLC Page 7 agree wxth you I don t think we want a 20-foot unit on this And I also don t think we want 20 units on here and there s certmnly something to be said as you mentioned lmtmlly for the amount of open space that would be left and that condition that is certmnly a little blt umque right now and hopefully not unique m the future for that area of the City Todd Solomon As far as this one goes, it might be something and I don't know if you got it but the Comrmsston looks into that or whether It s the Board of Zomng Appeal or if It is more of a legal matter but m the future I can see property that gets knocked down and rebuilt up and If you clear cut ~t or knock the building completely down do the existing setbacks that have been grandfather are buried in the past 20~30 years or they re right on the property lines at five foot back ~s there anything that can potennally be done about those in the future to identify it now and look at It now Ronald Rlpley I think if its something tom down you have a right to rebuild it typically back to where it was built even if it s non-conforming Kay Wdson In this situation actually it would actually have a variance from the Board of Zoning Appeals so ~t runs w~th the land Robert Miller We need to be specific about th~s piece of property Kay Wilson This ~s a BZA variance Ronald Rlpley Got you Robert Miller It's very hard to generalize and I know that's what you did lnlUally In your statements and then try to apply that to every p~ece of land and say it absolutely has to fit every piece of land and you agreed that it d~dn't necessarily so I think as those other situations come up, we will have to look at each one as they are Ronald Rlpley A lot of times the zoning setbacks override good planning, you know a lot of times and so we re trying to make some judgments from a value point of view, and I think what s really important out here is that we are gaining a significant improvement from projects coming into the Shore Drive area then we have before If we just had some of these tools earlier it would have been really nice Todd Solomon I agree with the Architectural Gmdehnes is a great th~ng And you re doing a fantasnc job of issuing approvals Ronald Rlpley What you all are doing is simply fabulous As far as making sure that the development commumty really has to produce a good product So you're going right there so I mean there is a lot of pressure that are working together Item #8 TBJ LLC Page 8 Todd Solomon But we are stall concerned even ~f ~t s a race look,ng braiding even though you put ~t two feet away from another braiding, ~t s only going to hold so much weight but ~t looks race even though ~t s r~ght next to you Ronald R~pley Okay thank you xerv much Any other people to speak on th~s'~ Could we get some discussion or someone read'~ to make a morton~ Dorothy Wood I think ~t s an extremely attracUve braiding and I think ~t's adding a lot to the area and I'd hke to make a motion to approve it Betsy Atkinson Second Ronald R~pley We have a motion by Dot Wood and seconded by Betsy Atkmson to approve ti'us apphcanon Any further dtscuss~on9 We're ready to vote AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS WOOD AYE ABSENT Ronald Rlpley By a vote of 10-0 tbas motion passes Kay Wdson Of course with the five conditions listed Ronald Rlpley Of course w~th the five cond~ttons Robert Mdler We really are stumbling over that today Maybe we should ch~p ~n whale we make the motion next nme Ronald R~pley Kay we want you to not go to sleep Map MO6 Ocean Fries, Inc. Gp~n 2427-19-3069 ZONING HISTORY I Rezon~ng (B-4 Resort Commercial to B-5 Resort Commercial) - Approved 3-8-82 ITEM Ocean Fries, Inc - Conditional Use Permit MEETING DATE January 14, 2003 · Background An Ordinance upon Apphcat~on of Ocean Fnes, Inc, for a Conditional Use Permit for an eating and dnnkmg estabhshment on the west s~de of Atlanbc Avenue, 23 53 feet south of 23~d Street (GPIN 2427193069) Sa~d parcel Is located at 2222 Atlantic Avenue and contains 1,175 square feet DISTRICT 6 - BEACH The purpose of th~s request ~s to obtain a Conditional Use Permit for an eahng and dnnk~ng estabhshment that serves alcohohc beverages and "excludes persons on the bas~s of age dunng any part of the day" The apphcant proposes to expand h~s current business, an eabng and dnnk~ng estabhshment, ~nto the unit next door, currently occupied by a retail operation that sells tee shirts and souvenirs The apphcant has operated "Ke~fer's Pub", at ~ts current Iocahon, since 1993 The proposed expansion wdl allow the apphcant to expand h~s food menu m order to attract and cater to a d~nner crowd Considerations Part of the means of encouraging the transformabon of the Oceanfront ~nto a more family onented resort was to require a Cond~bonal Use Permit for eabng and dnnk~ng estabhshments that serve alcohol and exclude persons on the bas~s of age Th~s requirement was based on the fact that such a use may need additional control to ~nsure ~t ~s compabble to other uses and consistent w~th C~ty goals and ordinances The requirement apphes to all new eating and dnnk~ng estabhshments and expansions to ex~st~ng operahons that serve alcohol and exclude persons dunng any part of the day on the basis of age Although ~t ~s the intent of the apphcant to expand h~s operation ~nto a d~nner-onented restaurant, he does wish to be able to exclude persons from the establishment on the bas~s of age at certain t~mes of operation The applicant has been operating Kelfer's Pub at ~ts current location s~nce 1993 The Pohce Department adwses staff that calls to and from th~s Iocabon ~s no more unusual than those ~n the general area The apphcant prowded staff w~th a copy of the employee handbook for the estabhshment The handbook extensively outhnes respons~bd~t~es of employees regarding serving of alcohol to those indwlduals who are underage and / or already ~ntox~cated The applicant is wgdant ~n ~nsunng that underage ~ndw~duals are not served alcohol ~n the Ocean Fries Page 2 of 3 estabhshment As a means of ~nsunng that underage ~nd~wduals are not served the apphcant checks the ~dent~flcahon of patrons and demes access to those underage To accomphsh the expansion, the ex~stmg bus~ness wdl expand ~nto the adjacent space, which the applicant currently leases to a separate business Th~s separate bus~ness wdl be d~splaced y the expansion The applicant and h~s representabve met w~th the Resort Area Commission Planmng Design / Rewew Committee on August 6, 2002 Whde the committee was neither m favor of or opposed to the requested expansion, ~t d~d offer the following suggestions for the facade and ~ntenor of the umts · Installation of a canopy that compl~es w~th the Resort Area Fa(;ade Program Design Gu~dehnes across the front of the umts The canopy should be ~n keeping with the theme that currently exists along Atlantic Avenue · Installabon of an entryway or alcove just ms,de the entrance The committee felt that th~s m~ght allewate any problems w~th customers stand~ng at the door or blocking the s~dewalk The applicant has ~ncorporated the committee's suggesbons ~nto h~s budding plans An attracbve canopy that extends across the front of the umts ts depicted on the submitted elevation The floor plans depict an area just instead the front door that w~ll be used for checking customers' ~dent#~cabon Th~s area ~s separated from the balance of the restaurant by a five- foot h~gh wall Add~honal detad ~s provided m the attached staff report Staff recommended approval The proposal expands and ~mproves an existing bus~ness w~th a known good h~story that already possesses a I~cense from the V~rg~ma Department of Alcoholic Beverage Control (ABC), rather than allowing a new estabhshment that would need to secure a I~cense from the ABC Board and which would have no known h~story Staff concludes that the expansion w~ll ~mprove the s~tuat~on along th~s area of the Oceanfront associated w~th bars by allowing the transformation of the estabhshment from one that ~s currently ~s more associated w~th being a 'bar' to an establishment that ~s a restaurant There was opposlbon to the request from the adjacent bus~ness owner who will be d~splaced by the expansion · Recommendations The Planmng Commission passed a motion by a recorded vote of 10-0 to approve th~s request w~th the following cond~bons The conditional use permit ~s approved for one year, at which t~me, based on an adm~mstrat~ve rewew, The Planning D~rector shall determine # the use permit should be renewed for an additional year or referred to the C~ty Council for further review Ocean Fries Page 3 of 3 2 3 4 All necessary permits, mspecbons, and approvals from the Planning Department, the F~re Depadment, and the Alcohol Beverage Control Board shall be obtained before occupancy of the expansion A Certificate of Occupancy for the un~ts shall be obtained from the Permits and Inspecbons D~v~s~on of the Department of Planning The applicant shall ~nstall a decorative canvas awmng / canopy across the entire front of the units The awning / canopy shall substantially adhere to the submitted unbtled elevation on file ~n the C~ty of V~rg~n~a Beach Planning Department The awning / canopy shall be complementary to the surrounding uses and consistent w~th the theme of the pubhc ~mprovements ~n the Oceanfront Resort Area The D~rector of Planning or his designee shall make the determination of compliance with th~s condition All bus~ness acbv~t~es, specifically the ~dent~ficahon checks of patrons, shall be conducted ~ns~de the structure Attachments Staff Rewew Disclosure Statement Planning Commission Minutes Location Map Recommended Actton Staff recommends approval Planning Comm~sston recommends approval Submitting Department/Agency City Manager ~'~/__. "~a~tg Department ~/~ OCEAN FRIES, INC./# I December 11, 2002 General Information' REQUEST ADDRESS Conditional Use Permit for an Eating and Drinking Estabhshment 2222 Atlantic Avenue M FM~ap MO6 ~ Ocean Frtes, Inc. GiO~n 2427-1~-$069 GPIN ELECTION DISTRICT SITE SIZE 2427-19-3069 #6 - BEACH 1,175 square feet Plann,ng Comm,ss,on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page 1 STAFF PLANNER Faith Christie PURPOSE To obtain a cond~honal use permit for an eabng and dnnk~ng estabhshment that serves alcoholtc beverages and "excludes persons on the bas~s of age dunng any part of the day" The apphcant proposes to expand h~s current bus~ness, an eating and dnnk~ng estabhshment, ~nto the umt next door, currently occupied by a retad operation that sells tee sh~rts and souvemrs The apphcant has operated "Ke~fer's Pub", at ~ts current Iocabon, s~nce 1993 The proposed expansion wdl allow the apphcant to expand h~s food menu ~n order to attract and cater to a d~nner crowd This appllcabon was deferred at the July Planning Commission meeting to g~ve the applicant an opportunity to meet w~th the Resort Area Commission Planning / Design Rewew Committee The applicant met w~th the Committee on August 6, 2002, September 10, 2002 and October 8, 2002 Detads of the meetings are outhned m the Evaluation section of this report Major Issues: · Compabbd~ty w~th the surrounding uses Oceanfront Resort Area Concept Plan Consistency w~th the recommendations of the Comprehensive Plan and the Land Use, Zoning, and Site Characteristics: Ex stlnq Land Use and Zomnq The s~te ~s occupied by a commercial stnp center that ~nciudes several retail shops, a Planning Commission Agenda i~"~l December 11, 2002 ~'- OCEAN FRIES, INC /# 13 Page 2 breakfast shop, a game room, and an eating and dnnk~ng estabhshment that serves alcoholic beverages and "excludes persons on the bas~s of age dunng any part of the day" (the apphcant) Surround~nq Land Use and Zomn.q North South East West · Retad Shop and Restaurant / RT-2 Resort Tounst · Game Room and Retad Shop / RT-2 Resort Tourist · Atlanbc Avenue · Across Atlanhc Avenue are Hotels / RT-1 Resort Tounst · Several Restaurants and Retad Shops / RT-2 Resort Tourist Zomnq H~story There ~s httle zoning h~story to report ~n the ~mmed~ate area The budding was budt ~n 1937 w~th several additions added m 1977 and 1987 The s~te was zoned B-1 Retad Bus,ness from 1954 to 1973 From 1973 to 1982 ~t was zoned B-4 Resort Commercial Several cond~bonal use permits were approved ~n the 1970s for motels, parking lots, and b~cycle rentals ~n the surrounding area In 1982, the C~ty of V~rgm~a Beach rezoned the block between Atlantic Avenue and Pacific Avenue to B-5 Resort Commercial W~th the adoption of the C~ty Zoning Ordinance ~n 1988, the s~te was zoned RT-2 Resort Tounst A~r Installahon Compatible Use Zone (AICUZ) The s~te ~s m an AICUZ area of 65 to 70dB Ldn surrounding NAS Oceana Natural Resource and Physical Charactenst~cs The s~te ~s ~mperv~ous, covered by the budding Publ,c Facihties and Services Water and Sewer Water There ~s a 16-~nch water ma~n ~n Atlanbc Avenue fronting the s~te The s~te has an ex~st~ng 5/8-tach meter that may be used Plann,ng Comm,ss,on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page 3 Sewer There ~s an 8-~nch samtary sewer ma~n m Atlanbc Avenue fronting the s~te The site ~s connected to C~ty sewer Transportabon Master Transportabon Plan (MTP) / Capital Improvement Program (CIP) Atlantic Avenue ~n front of th~s s~te ~s a major urban c~ty street Traff,c Calculat,ons Street Name Present Present Generated Traff,c Volume Capacity 16000 13200ADT~ (summer) / Level of Majonty of the clientele wdl hkely Atlantic Avenue 6 400 Service be pedestnan trafhc Vehicular (w~nterl traffic generahon should be I AOT ' D C L minimal Average Da~ly Trips Pubhc Safety Police Fire and Rescue The Pohce Department reports that calls to and from the establishment are general in nature for the area There have been s~x calls for service 0n 2002) from the ex~sbng establishment ~nvolvmg burglary alarms, ~ntox~cated ~nd~wduals, and a d~spute/assault S~x inc~dent reports taken from 1999 to 2001 ~nvolved larceny from the budding, burglary, and assault charges Obtain all the necessary permits and approvals for the expansion A certificate of occupancy must be obtained before occupying the unit The F~re Department wdl ~ssue the "occupant load" s~gn Planning Commission Agenda December 11, 2002 OCEAN FRIES, INC / # 13 Page 4 Comprehensive Plan The Comprehensive Plan Map designates th~s area of the c~ty as the Resort Area, an area planned for resort uses ~nclud~ng lodging, retail, entertainment, recreabon, cultural, and other uses The request ~s ~n keeping w~th the Comprehensive Plan Map recommendabons for the area Summary of Proposal Proposal The applicant proposes to expand h~s bus~ness, an eabng and dnnk~ng establishment known as "K~efer's Pub" ~nto the unit next door Currently a retail shop that sells tee sh~rts and souvemr ~tems occupies the unit The proposed expansion w~ll allow the apphcant to expand h~s food menu so that he may to cater to a d~nner crowd The apphcant adwses staff that the new menu wdl be s~mllar to that of "Phd's Gr~ll" on 11th Street The request for a cond~bonal use permit for an eating and dnnk~ng establishment ~s required because the applicant wdl be serving alcohohc beverages and may exclude persons on the bas~s of their age at certain hmes during h~s operabng hours S~te Des~qn · The s~te ~s developed w~th the ex~st~ng building No changes to the s~te are proposed Vehicular and Pedestnan Access The budding fronts on Atlantic Avenue Currently both umts have ~nd~v~dual pedestnan entrances d~rectly from Atlantic Avenue The applicant ~s proposing to have a single entrance from Atlantic Avenue Parking for the use ~s not required m the RT-2 Resort Tounst d~stnct Uses along the western s~de of Atlanbc Avenue are generally pedestnan oriented and complementary of the hotels Plann,ng Commlss,on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page 5 Architectural Deskqn The budding was budt in 1937 Additions were made to the building in 1977 and 1987 The applicant proposes to ~nstall a new faCade on the outside of the umts A canopy wdl extend across the enbre frontage of the restaurant New glass doors and windows complement the exterior The applicant proposes to remove the wall between the two umts and ~nstall a new k~tchen and hand~cap accessible restrooms An alcove of five foot by five foot w~ll be ~nstalied at the entrance to the restaurant Th~s area w~ll be used for the cuing (~dent~flcahon check) of the customers The ex~shng "pub" wdl be remodeled to complement the expansion Landscape and Open Space Deskqn · There ~s no landscaping or open space on the s~te Street frontage landscaping exists along Atlantic Avenue Evaluation of Request The request for a cond~honal use permit for an eabng and dnnk~ng estabhshment ~s acceptable subject to the condlbons I~sted below In the m~d 1980s the Qty of V~rg~nla Beach embarked upon a m~ss~on to improve and enhance the appearance and appeal of the Oceanfront A major goal of the rewtal~zat~on of the Oceanfront was to transform Atlanbc Avenue and the Boardwalk a more fam~ly-onented resort desbnabon A problem that was ~denbfled at the Oceanfront was the patron behavior that pervaded the area known as "The Block" an area along Atlantic Avenue between 20th and 22nd Streets One of the cnt~cal ~ssues ~denbfled was how to d~sbngu~sh the d~fference between a restaurant and a bar A d~sbnct ddference between a restaurant and a bar ~s the serving of alcohol and the exclusion of persons from the establishment based on their age Part of the means of encouraging the transformabon of the Oceanfront ~nto a more famdy onented resort was to require a cond~bonal use permit for eabng and dnnkmg establishments that serve alcohol and exclude persons on the bas~s of age Th~s requirement was based on the fact that such a use may need add~honal control to msura it is compatible to other uses and consistent with City goals and ordinances The requirement applies to all new eabng and dnnkmg estabhshments and expansions to ex~sbng operahons that serve alcohol and exclude persons dunng any part of the day on Plann,ng Comm~ss,on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page 6 the basis of age Although ~t ~s the ~ntent of the apphcant to expand h~s operation ~nto a d~nner-onented restaurant he does w~sh to be able to exclude persons from the estabhshment on the bas~s of age at certain bmes of operabon The apphcant w~shes to expand h~s ex~sbng operahon ~nto the umt next door, currently occupied by a retail shop that sells tee sh~rts and souvemr type ~tems It ~s the desire of the apphcant to change from a "bar" type use to that of "restaurant" type use that caters to a d~nner crowd The apphcant states that the expansion w~ll allow h~m to enlarge his k~tchen and prowde hand~cap accessible restrooms The larger k~tchen w~ll allow the apphcant to prowde a menu that ~s s~m~lar to that of Phil's Gnll on 11 th Street The applicant has been operating Kelfer's Pub at ~ts current Iocabon s~nce 1993 The Pohce Department adwses staff that calls to and from th~s Iocabon ~s no more unusual than those m the general area The apphcant prowded staff w~th a copy of the employee handbook for the estabhshment The handbook extensively outhnes respons~b~hbes of employees regarding serving of alcohol to those ~nd~wduals who are underage and / or already ~ntox~cated The apphcant ~s wg~lant ~n msunng that underage ~nd~wduals are not served alcohol ~n the estabhshment As a means of ~nsunng that underage md~wduals are not served the apphcant checks the Ident~flcabon of patrons and demes access to those underage The applicant and his representative met w/th the Resort Area Commission Planmng Design / Review Committee on August 6, 2002 Wh//e the committee was neither/n favor of or opposed to the requested expansion,/t did offer the following suggestions for the facade and inter/or of the un/ts · Installation of a canopy that comphes w/th the Resort Area Facade Program Design Guidelines across the front of the un/ts The canopy should be/n keeping w/th the theme that currently exists along Atlantic Avenue · Installabon of an entryway or alcove just ms/de the entrance The committee felt that this might alley/ate any problems w/th customers standing at the door or blocking the sidewalk The apphcant has incorporated the committee's suggestions rotc his building plans An attracbve canopy that extends across the front of the un/ts/s depicted on the submitted elevation The floor plans depict an area just Instead the front door that w/Il be used for checking customers'/denhf~cabon This area/s separated from the balance of the restaurant by a five- foot high wall Staff recommends approval of the cond~bonal use permit for expansion of an eating and dnnk~ng estabhshment that excludes persons on the bas~s of age dunng any part of the day, subject to the following conditions Planmng Comm,ss,on Agenda December 11, 2002 OCEAN FRIES, INC I# 13 Page 7 Conditions 2 3 4 The conditional use permit ~s approved for one year, at which t~me, based on an administrative review, The Planning D~rector shall determine ~f the use permit should be renewed for an add~honal year or referred to the C~ty Council for further rewew All necessary permits, ~nspect~ons, and approvals from the Planning Department, the F~re Department, and the Alcohol Beverage Control Board shall be obtained before occupancy of the expansion A Certificate of Occupancy for the un~ts shall be obtained from the Permits and Inspechons D~ws~on of the Department of Planmng The applicant shall ~nstall a decorabve canvas awning / canopy across the entire front of the umts The awning / canopy shall substanbally adhere to the submitted untitled elevahon on file ~n the C~ty of V~rg~n~a Beach Planning Department The awning / canopy shall be complementary to the surrounding uses and consistent w~th the theme of the public ~mprovements ~n the Oceanfront Resort Area The D~rector of Planning or h~s designee shall make the determination of compliance w~th th~s condition All bus~ness acbwt~es, specifically the ~dent~ficabon checks of patrons, shall be conducted ~ns~de the structure NOTE Further conditions may be required durlng the administration of apphcable City Ordinances The site plan submitted wtth this conditlonal use permit may require rewslon durtng detailed site plan rewew to meet all applicable City Codes Condlbonal use permits must be acttvated within 12 months of C~ty Council approval See Section 220(g) of the Clty Zoning Ordinance for further information Plann,ng Comm,sslon Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page8 2 O' Unit Propo~ed Expansio~ ' STO~Y MASONRY BUILDING Existing Unit~ 22'2 .~ f 22~8 -~.IPPER UcCO"S : 2~ 53 ATLANTIC AVENUE (80' R/W) Planning Corem,ss,on Agenda December 11, 2002 OCEAN FRIES, INC /it 13 Page 9 OC 0 ,DO 0 0 o0o 0 © 0~,0 0 0 o0o 0 0 0 O 0 O 0 O O 0 O 0 O O O O OOOO i' l ' 'lnr~JLLI Fynan~ :loor Layout of ed Restaurant Planmng Commlss,on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page 10 Planmng Commission Agenda December 11, 2002 OCEAN FRIES, INC / # 13 Page 11 I Back to Front Perspective Front to Back Perspecbve ] Plann,ng Comm,ss,on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page 12 Planmng Comm,ss~on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page13 Planmng Comm,ss~on Agenda December 11, 2002 OCEAN FRIES, INC /# 13 Page 14 APPLICATIC ~ PAGE 4 OF CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH 4 DISCLOSURE STATEMENT Property Owners PROPERTY OWNER DISCI OSURE If th~ proper~ owner ~s a PARTNEP. SHIP FIRM or o0 er UNINCORPORATED ORGANIZATION h t Planmng Commlsmon Agenda ~,~ December 11, 2002 OCEAN FRIES, INC /# 13 Page 15 Item :gl 3 Ocean Fries, Inc A Conditional Use PermJt for an eating and dnnkmg Establ,shment West s,de of Atlant,c Avenue 2222 Atlannc Avenue D~smct 6 Beach December 12 2002 CONSENT Dorothy Wood The next ,tem ~s Item #13 It s Ocean Fries an ordinance upon apphcauon of Ocean Fries for a Condmonal Use Perrmt for an eating and drm~ng estabhshment on the west s~de of Atlantic Avenue It s located at 2222 Atlannc Avenue and it's m the Beach D~stnct w~th four condmons Mr R~chardson° John Rachardson Thank you My name ~s John R~chardson I m a local attorney representing the apphcant The condinons are ali acceptable Dorothy Wood Thank you Is them any opposmon to Item #13 Ocean Fries'~ Jerry HallaI There ~s Dorothy Wood There ~s s~r9 Thank you Then we will drop ~t down Yes sJr? REGULAR AGENDA Robert Mdler The next ~tem t* Item #13, Ocean Fr,es John Baum Are you charging by the hour9 John R~chardson Yes s~r Ronald Rtpley We had you on consent John R~chardson Yes s~r Mr R~pley Ronald Rlpley We tried to help you John Richardson Thank you My name ~s John Richardson I represent the apphcant ~n this matter As you mentmned th~s matter was on consent but for the objecuon of the gentleman who unfortunately ~s the tenant ~n the space that we will absorb into our space He ~s the businessman that Js d~spossessed from the adjacent space where he runs a bus~ness now He has ~t until the end of February so I can understand Ins d~sappo~ntment but that's who s hem to oppose our apphcauon Item #13 Ocean Fries Inc Page 2 Robert Miller Mr Jerry Hallal9 Jerry Hallal Ht My name ts Jerry Hallat I m here for a couple of reasons Number one, I m a parent Number two I m a ctnzen of Virginia Beach Ive been a resident for 40 years tn the City I m a proud cmzen of Virginia Beach I m proud of what our City ts I m proud of what it s becoming And I m proud of what it will become We ve done a lot of good things down at the Oceanfront You all are to be commended to City Council certainly ts to be commended I m also the business that will be out of business if the application before you is approved There are three issues that I want to address First one ts a rmx And, what I mean by that ts, tf the applicant was not requesting a Conditional Use Permit, I would not have any problem at all with the rmx But he is and as I understand it he s requesting that he be allowed to restrict people coming into his eating and dnnkmg establishment on the bas~s of age Okay By grannng the Conditional Use Perrmt, which would allow him to restrict people tn his establishment based on their age, I don t th~nk he ts going to restrict the older people I think he s going to resmct the younger people What would he be establishing would be one of the larger eating and dnnkmg estabhshments on Atlantic Avenue and tt has been my experience Ive been down there for 24 years tt ~s from my experience that most eaUng and drinking estabhshments on Atlantic Avenue there's more drinking going on than there is eating And here hes my problem Okay If passed, the expanded dnnkang estabhshment, you can call it a pub a tavern, you can call it a bar but the new expanded bar will be right next door to what I consider to be one of the finest farmly entertmnment centers on Atlantic Avenue, and that being Fhpper McCoys And I think that having a children entertainment center next to an expanded dnnklng establishment, I think that sends the wrong message As a parent, I have a 12 year old I don t really want my 12 year old to have to be exposed to the interference you nught say, that a drmkmg establishment is going to subject him to When I give h~m quarters to play a game at Flipper McCoys, I don't want h~m to go past a bar, hear loud music, be subject to inappropriate behavior You know we all know, what the bars are about They attract a certmn element Most of them are good They behave themselves but we all know there's a bunch of people who frequent bars who don t behave themselves I don t want my child or your child or the tourist children who come to our C~ty to enjoy themselves to be subjected to these persons who's had a bit too much to dnnk The person who s language ts excessive The behavior that is sometimes is verv obtrusive, very inappropriate for young k~ds I think there s already enough dnnkmg estabhshments at the Oceanfront I th~nk the City should be looking to a restrictive number rather than to ~ncrease their number We spend a lot of money encouraging people to come to Virginia Beach I ttunk when they get here they shouldn t be surprised and find that there's an excessive number of eating and dnnkmg estabhshments 1 think we have way too many of those at the Oceanfront And also the other area that I want to address ts the noise level It's in an area where there are residential apartments The noise level often rimes at mght ~n the summertime ts such that the walls to my bus~ness next door will vibrate they 11 shake Th~ngs will actually fall down from the walls Ladles and gentlemen, I would consider this excessive I have customers who walk out of my business They ask me how I could stand the nmse It ~ntermpts their shoppmg experience and business pleasure I thmk ~t leaves a bad taste tn Item #13 Ocean Fries Inc Page 3 their mouth They don t want to go shopping and be subjected to loud nmse And the no~se that I m talking about is music Okay, there are not many scuffles over them There has been from time to time But it s the music ~t's the language contained w~thln the mustc Okay, that s what l'm tailing about It s vulgar and it s rode It permeates my wall If I was not them, I'm sure it would permeate who's e,,er wall would be next to me and it would offend them hke ~t offends me Like it offends lny customers that come into my space hstemng to this very disgusting language that radiates from a lot of music And, of course I think it s inappropriate for the neighbors to hear and for tourists to hear Not to mention chddren for them to walk on by or be next door to whatever ~s next door and probably won t be me, but whatever s next door they w~ll hear the same type of language that I hear now And the last thing I want to address is the safety ~ssue The apphcatxon states that the applicant wants to double the s~ze of this estabhshment I would th~nk doubhng the s~ze of the establishment as doubling the amount of people who could come inside whether to eat or to drink And I want to call attention to the fact that there's a very narrow space at the rear of the building for any potential emergency exit The space between my space and the braiding behind me is not more than six feet w~de ff it s that wide And usually the same space is cluttered w~th debris, trash, and this kind of stuff hem It will not make a safe exit if the occasion arose And behind the applicant s space Ins present space right now he s built a large walk m cooler, which further restricts emergency existing from the rear of the braiding That s the concern that I have I hate tor my I have a young son and I've got older sons too I would hate for my older sons to be somewhere and they had to exit and their exit restricted That q all that I ha'~e to say Ronald Rlpley Okay because we re getting to the end now Jerry Hallal Okay I'm sorry That's all that I have to say But please reconsider your decision and consider these issues as you decide whether or not you grant this application Ronald Rlpley An3 questions? Thank you very much Would you llke to rebut? John R~chardson Mr Rlpley I would hke to say ~t s not comfort of the gentleman who is going to be dispossessed because my client ~s going to expand his restaurant into the space that he rents and will be terrmnated at the end of February Even without the Conditional Use Perrmt my client is gmng to expand into that space It simply means that he won t be able to limit patrons ~n the late evemng hours to persons who are over 21 so he s going to expand It's not a comfort to the gentleman who I know is losing his business site but this is going to happen m the future Ronald Rlpley Mr Miller? Robert M~ller John a couple of xtems that he brought up obviously the way this is presented it seems to be flavored towards pardon the pun "towards eating versus dnnklng ' and the restncnons are set up specifically for the age groups actually to protect that is that correct? Item #13 Ocean Fries, Inc Page 4 John Richardson Yes sir To keep younger people out after the dinner hours have passed Robert Miller Is there still going to be and I failed to study this enough there's going to still be a wall between this two establishments There will be no wall between them9 John Richardson No sir The space that the gentlemen occupies is the space that we re moving into that wall will come down and be one space Robert Miller Okay One space That s right And then the safety issue with regard to fire codes and exits and so forth you must conform to and I m sure that will be upon approval of the Planning Department John Richardson Yes sir The cond~uons are all acceptable to us We 11 be back In front of you in a year if we had problems, you 11 know it But he s had no problem with the police in the past He's been there nine years and he runs a very clean straight cut operation Ronald Rapley And the intent of the one year review is to avoid the obnoxious uses or noxious goings on if that possibly occurs such as the noise language and things like that I m sure John R~chardson Yes sir Ronald Rlpley Okay Thank you Any other quesuons9 John Baum He did mention that he rmght put a sign up that patrons allowed may get fat I don't think that you want to put that as a condition Ronald Ripley Dot Wood do you have a question Dorothy Wood I d just like to make a moUon that we approve the application Ronald Rlpley We got a motion by Dot Wood and seconded by John Baum Kay Wilson With the four conditions Ronald Rlpley With the four condltJons AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE Item #13 Ocean Fries Inc Page 5 HORLSEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS WOOD AYE Ronald R~pley By a vote of 10-0 the motion passes John R~chardson Thank you for your nme ABSENT Ronald Rlpley Thank you K APPOINTMENTS HAMPTON ROADS PLANNING DISTRICT COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION (RAC) VOLUNTEER COUNCIl L UNFINISHED BUSINESS M NEW BUSINESS N ADJOURNMENT