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AUGUST 24, 2004 AGENDA
CITY COUNCIL MAYOR MEYERA E. OBERNDORF At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERTM, DYER, Centerville - District I REBA S. McCLANAN. Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne -District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITYMANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 24 August 2004 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vhgov.com I. CITY MANAGER'S BRIEFING Conference Room - 2:00 PM A. EMERGENCY RESPONSE SYSTEM (ERS) Update Charles W. Meyer, Chief Operating Officer II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 3:30PM II A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION 6:00PM a C E F. G H. I. J CALL TO ORDER — Mayor Meyera E. Oberndorf INVOCATION: Reverend Charles Wiest Heritage United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. SPECIAL FORMAL SESSION 2. INFORMAL AND FORMAL SESSIONS MAYOR'S PRESENTATIONS 1. KING NEPTUNE XXXI 2004 and HIS COURT Nancy A. Creech, President, Neptune Festival 2. BACK BAY NATIONAL WILDLIFE REFUGE Revenue Sharing IN LIEU OF TAXES The Honorable Edward L. Schrock AGENDA FOR FORMAL SESSION CONSENT AGENDA RESOLUTIONS/ORDINANCE S August 06, 2004 August 10, 2004 1. Resolution to AUTHORIZE the issuance and sale of $135-Million General Obligation Public Improvement Refunding Bonds, Series 2004B, re refunding of certain General Obligation Bonds for potential eligible outstanding indebtedness of the City. 2. Resolution to AUTHORIZE the FY 2004-05 Performance Contract between Virginia Beach Community Services Board (CSB) and Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA). Resolution to RECONSTITUTE the Old Beach District Master Plan Advisory Committee with definition of the mission to RE-ESTABLISH the Committee and a sunset clause effective March 31, 2005. 4. Resolution to ESTABLISH the Community Medical Advisory Commission and define the Commission's mission as Advisors to City Council. 5. Ordinance to CONFIRM the Declaration of Local Emergency re the imminent threat of disaster posed by Hurricane Charley on August 14, 2004. 6. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights -of -way: a. an existing drainage easement and Lynnhaven River Western Branch (Thalia Creek) to construct and maintain a private pier, platform and jet ski lift by Thomas Brian Milan at 404 Putnam Road in Pembroke Manor. (DISTRICT 4 — BAYSIDE) b. at Litchfield Way to construct and maintain underground irrigation by Litchfield Manor Phase 2 Homeowners Association (DISTRICT 7 — PRINCESS ANNE) 7. Ordinance to ACCEPT and APPROPRIATE $1,300,000 from Hampton Roads Sanitation District (HRSD) to (CIP #6-103) "Lake Ridge Interceptor Force Main" with revenue increased accordingly for additional construction costs. 8. Ordinance to APPROPRIATE $442,731 in State, Federal, Gift Fund and miscellaneous revenues to the Department of Human Services FY 2004-05 Budget re additional Mental Health, Mental Retardation and Substance Abuse (MH/MR/SA) services. 9. Ordinance to APPROPRIATE $73,000 from the Fund Balance designated for MH/MR to the Department of Human Services FY2004-05 operating budget re a fire suppression system for the Kentucky Avenue Intermediate Care facility and a wheelchair van for the Colby Way Intermediate Care facility. 10. Ordinance to ACCEPT and APPROPRIATE $26,500 in lieu of Park Reservation from Sudhakar Lavingia to (CIP #4-970) "Park Playground Renovations" re improvements for the Orchard at Glenwood Subdivision and increase local revenue accordingly. K. PLANNING — NO ACTION NECESSARY Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) for a Conditional Use Permit re a facility for the disabled at 2441 North Landing Road. (This CUP was deferred by the Planning Commission.) (DISTRICT 7 — PRINCESS ANNE) L. PLANNING Petition for a Variance to § 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for WILLIAM P. VAUGHAN at the northern terminus of Vaughan Road, west of Princess Anne Road, and allow a 28.987-acre lot to be created from a 70-acre parcel that is divided by a canal leading to West Neck Creek. (DISTRICT 7 — PRINCESS ANNE) Recommendation: APPROVAL 2. Application of DRIVE 1 fora Conditional Use Permit re motor vehicle sales (used) on the north side of Virginia Beach Boulevard, west of First Colonial Road. (DISTRICT 6 — BEACH) Recommendation: APPROVAL 3. Application of NEW LIFE CHRISTIAN FELLOWSHIP AT PROVIDENCE for a Conditional Use Permit re a church at 1244 Thompkins Lane. (DISTRICT 1 — CENTERVILLE) Recommendation: APPROVAL 4. Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit re a church (three-phase expansion) at 1500 North Great Neck. (DISTRICT 5 — LYNNHAVEN) Recommendation: APPROVAL 5. Application of OMNIPOINT COMMUNICATIONS CAP OPERATIONS, L.L.C. for a Conditional Use Permit re a communications tower at 1001 Concert Drive. (DISTRICT 7 — PRINCESS ANNE) Recommendation: APPROVAL 6. Application of CHAIN BRIDGE PROPERTIES, L.L.C. for a Change ofZoningDistrict Classification from I-1 Light Industrial District to Conditional B-2 Community Business District re site redevelopment for retail use and drive -through restaurant at 657 Lynnhaven Parkway (West Oceana area). (DISTRICT 3 — ROSE HALL) Staff Recommends: DENIAL Planning Commission Recommends: APPROVAL 7. Application of WEST NECK, L.L.C. for a Chan,zee ofZoninQDistrict Classification from AG-1 and AG-2 Agricultural Districts with Historic and Cultural District (HCD) Overlay (portion of) to Conditional R-10 Residential District with a PD-H2 Planned Unit Development District Overlay re the development of 108 single-family residential housing units on the west side of West Neck Road, south of North Landing Road. (DISTRICT 7 — PRINCESS ANNE) Recommendation: APPROVAL 8. Application of RONALD MODLINGER, M.D. for a Change of Zoning District Classi acation from R-51) Residential Duplex District to Conditional 0-1 Office District and Conditional R-51) Residential Duplex District re an office for medical practice on the northwest side of Dam Neck Road, south of Holland Road (DISTRICT 3 — ROSE HALL) Recommendation: • " : • 'Mm 9. Ordinance to AMEND §§ 215 and 216 of the City Zoning Ordinance (CZO) re the repair of certain billboards. Recommendation: M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION OLD BEACH MASTER PLAN ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SOCIAL SERVICES BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 08/19/04GW www.vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room - 2:00 PM A. EMERGENCY RESPONSE SYSTEM (ERS) Update Charles W. Meyer, Chief Operating Officer II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II V. FORMAL SESSION 6:00PM II A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Charles Wiest Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1..SPECIAL FORMAL SESSION 2. INFORMAL AND FORMAL SESSIONS August 06, 2004 II August 10, 2004 OP OUR NN110,�,1i � P.01011ttl4oan CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. G. MAYOR'S PRESENTATIONS KING NEPTUNE XXXI and HIS COURT Nancy A. Creech, President, Neptune Festival 2. BACK BAY NATIONAL WILDLIFE REFUGE Revenue Sharing IN LIEU OF TAXES The Honorable Edward L. Schrock J. RESOLUTIONS/ORDINANCES 1. Resolution to AUTHORIZE the issuance and sale of $135-Million General Obligation Public Improvement Refunding Bonds, Series 2004B, re refunding of certain General Obligation Bonds for potential eligible outstanding indebtedness of the City. 2. Resolution to AUTHORIZE the FY 2004-05 Performance Contract between Virginia Beach Community Services Board (CSB) and Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA). 3. Resolution to RECONSTITUTE the Old Beach District Master Plan Advisory Committee with definition of the mission to RE-ESTABLISH the Committee and a sunset clause effective March 31, 2005. 4. Resolution to ESTABLISH the Community Medical Advisory Commission and define the Commission's mission as Advisors to City Council. 5. Ordinance to CONFIRM the Declaration of Local Emergency re the imminent threat of disaster posed by Hurricane Charley on August 14, 2004. 6. Ordinances to AUTHORIZE temporary_ encroachments into portions of the City's rights -of -way: a. an existing drainage easement and Lynnhaven River Western Branch (Thalia Creek) to construct and maintain a private pier, platform and jet ski lift by Thomas Brian Milan at 404 Putnam Road in Pembroke Manor. (DISTRICT 4 — BAYSIDE) b. at Litchfield Way to construct and maintain underground irrigation by Litchfield Manor Phase 2 Homeowners Association (DISTRICT 7 — PRINCESS ANNE) 7. Ordinance to ACCEPT and APPROPRIATE $1,300,000 from Hampton Roads Sanitation District (HRSD) to (CIP #6-103) "Lake Ridge Interceptor Force Main" with revenue increased accordingly for additional construction costs. 8. Ordinance to APPROPRIATE $442,731 in State, Federal, Gift Fund and miscellaneous revenues to the Department of Human Services FY 2004-05 Budget re additional Mental Health, Mental Retardation and Substance Abuse (MH/MR/SA) services. 9. Ordinance to APPROPRIATE $73,000 from the Fund Balance designated for MH/MR to the Department of Human Services FY2004-05 operating budget re a fire suppression system for the Kentucky Avenue Intermediate Care facility and a wheelchair van for the Colby Way Intermediate Care facility. 10. Ordinance to ACCEPT and APPROPRIATE $26,500 in lieu of Park Reservation from Sudhakar Lavingia to (CIP 44-970) "Park Playground Renovations" re improvements for the Orchard at Glenwood Subdivision and increase local revenue accordingly. ,r'u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A resolution providing for the issuance and sale of General Obligation Refunding Bonds in the maximum amount of $136,000,000 MEETING DATE: August 24, 2004 ■ Background: In anticipation of a potential refunding opportunity for the City in view of the interest rate environment, City staff has taken steps to position the City for a refunding of potential eligible outstanding debt. The City has solicited proposals from investment banking firms to serve as senior managing underwriter for refunding opportunities of outstanding City indebtedness. The City, most recently, has issued its refunding bonds on a competitive basis, but because of the large number of bond issues that are potentially refundable, combined with the financial market volatility, the City's Financial Advisors have recommended a negotiated sale. The evaluation team structured the refunding opportunities by type of bond issue (general obligation, water and sewer, storm water, etc.). For the General Obligation Public Improvement Refunding Bonds, the following team of underwriters is recommended: BB&T Capital Markets- Senior Manager Citigroup- Co -Senior Manager UBS Financial Services Inc.- Co -Manager A.G. Edwards & Sons- Co -Manager The selection criteria consisted of the firm's experience and past performance, the proposed structure of the refunding and potential savings, the marketing plan, and fees and expenses. ■ Considerations: The City's Bond Counsel, Hunton & Williams, has prepared the enclosed resolution authorizing the issuance and sale of the refunding bonds. As Council is aware the actual size of the refunding will vary, depending upon market conditions at the time of pricing. If interest rates decline, the City could possibly refund up to the $135 million authorized by this resolution; conversely, if interest rates rise the refunding could be considerably less or not at all. In addition, if rates rise faster in the Treasury market (for the investment of the escrow), the refunding becomes more attractive. Based upon recent review, our financial advisors have indicated that as a general policy matter a 3% present value savings on the refunding cannot be achieved in the present market. However, as has been indicated, the market is quite volatile and we should position ourselves to be ready should the opportunity arise for significant savings. If a sale occurs, which will be determined later, the City Manager will execute a Bond Purchase Agreement with the underwriters setting forth the final terms of the bond sale. The actions of the City Manager in selling the bonds will be conclusive and no further action of City Council will be necessary after today's vote. This issuance of bonds is strictly a refunding of previous debt. There is no new money involved with this sale. To reiterate, the resolution provides for the maximum flexibility in this potential refunding. It is more probable that the issue will be much smaller, or even nonexistent if interest rates rise. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Alternatives: To reject the proposal voids the opportunity for potential refunding savings. ■ Recommendations: The enclosed resolution providing for the sale of refunding bonds is recommended for City Council approval. Attachments: Resolution authorizing the sale of General Obligation Public Improvement Refunding Bonds, Series 2004B in the maximum principal amount of $135,000,000. Copies of the draft preliminary official statement and draft bond purchase and continuing disclosure agreements are being provided to City Councilmembers, and copies of the same are available for public inspection in the City Clerk's office. Recommended Action: Submitting Department/Agency: �o,,a4V,-, City Manager. 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES OF 2004B, IN THE MAXIMUM PRINCIPAL AMOUNT OF $135,000,000 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING OF CERTAIN GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY WHEREAS, it appears that the City of Virginia Beach, Virginia (the "City"), can effect considerable savings by issuing bonds to refund all or a portion of the following bond issues (collectively, the "Refunded Bonds"): 14 (a) General Obligation Public Improvement Bonds, Series of 15 1997, issued in the original aggregate principal amount of 16 $56,700,000, of which $36,855,000 is currently outstanding; 17 (b) General Obligation Public Improvement and Refunding 18 Bonds, Series of 1998, issued in the original aggregate principal 19 amount of $125,610,000, of which $88,435,000 is currently 20 outstanding; 21 (c) General Obligation Public Improvement Bonds, Series of 22 2000, issued in the original aggregate principal amount of 23 $76,100,000, of which $60,880,000 is currently outstanding; 24 (d) General Obligation Public Improvement Bonds, Series of 25 2001, issued in the original aggregate principal amount of 26 $48,500,000, of which $41,225,000 is currently outstanding; 27 (e) General Obligation Public Improvement and Refunding 28 Bonds, Series of 2002, issued in the original aggregate principal 29 amount of $95,000,000, of which $84,365,000 is currently 30 outstanding; and 31 (f) General Obligation Public Improvement Bonds, Series of 32 2003A, issued in the original aggregate principal amount of 33 $47,500,000, all of which is currently outstanding; and 34 WHEREAS, it has been recommended to the Council of the City 35 (the "City Council") by representatives of Government Finance 36 Associates, Inc. and ARD Government Finance Group (the "Financial 37 Advisors") that the City issue and sell a series of general 38 obligation public improvement refunding bonds in the maximum 39 principal amount of $135,000,000; and 40 WHEREAS, after soliciting and reviewing applications of 41 investment banking firms and interviewing certain firms, the City 42 staff, upon consultation with the Financial Advisors, have 43 recommended the managing underwriting team of BB&T Capital Markets, 44 a division of Scott & Stringfellow, Inc., Citigroup Global Markets, 45 Inc., A.G. Edwards & Sons, Inc. and UBS Financial Services Inc. 46 (the "Underwriters") for such general obligation public improvement 47 refunding bonds. nl- [A% 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 1. Issuance of Bonds. There shall be issued, pursuant to 53 the Constitution and statutes of the Commonwealth of Virginia, 54 including the City Charter and the Public Finance Act of 1991, 55 general obligation public improvement refunding bonds of the City 56 in the maximum aggregate principal amount of $135,000,000 (the 57 "Bonds") to provide funds to refund the Refunded Bonds, including 58 funds to pay principal of and premium and interest on the Refunded 59 Bonds until their redemption and costs incurred in connection with 60 such refunding and costs incurred in connection with issuing the 61 Bonds. 62 2. Bond Details. The Bonds shall be designated "General 63 Obligation Public Improvement Refunding Bonds, Series of 2004B," or 64 such other designation as may be determined by the City Manager, 65 shall be in registered form, shall be dated such date as may be 66 determined by the City Manager, shall be in denominations of $5,000 67 and integral multiples thereof and shall be numbered R-1 upward. 68 Subject to Section 8, the issuance and sale of the Bonds to the 69 Underwriters are authorized on terms as shall be satisfactory to 70 the City Manager; provided, however, that the Bonds (a) shall have 71 a "true" or "Canadian" interest cost not to exceed 6.0% (taking 72 into account any original issue discount or premium), (b) shall be 73 sold to the Underwriters at a price not less than 98.50 of the 74 principal amount thereof (excluding any original issue discount) 75 and (c) shall mature or be subject to mandatory sinking fund 76 redemptions in annual installments beginning no later than December 77 31, 2005, and ending no later than December 31, 2025. Principal of 78 the Bonds shall be payable annually on dates determined by the City 79 Manager. 80 Each Bond shall bear interest at such rate as shall be 81 determined at the time of sale, calculated on the basis of a 360- 82 day year of twelve 30-day months, and payable semiannually on dates 83 determined by the City Manager. Principal shall be payable to the 84 registered owners upon surrender of Bonds as they become due at the 85 office of the Registrar (as hereinafter defined). Interest shall 86 be payable by check or draft mailed to the registered owners at 87 their addresses as they appear on the registration books kept by 88 the Registrar on a date prior to each interest payment date that 89 shall be determined by the City Manager (the "Record Date"). 90 Principal, premium, if any, and interest shall be payable in lawful 91 money of the United States of America. 92 Initially, one Bond certificate for each maturity of the Bonds 93 shall be issued to and registered in the name of The Depository 94 Trust Company, New York, New York ("DTC"), or its nominee. The 95 City has heretofore entered into a Blanket Letter of 96 Representations relating to a book -entry system to be maintained by 97 DTC with respect to the Bonds. "Securities Depository" shall mean 98 DTC or any other securities depository for the Bonds appointed 99 pursuant to this Section. 100 In the event that (a) the Securities Depository determines not 101 to continue to act as the securities depository for the Bonds by 102 giving notice to the Registrar, and the City discharges its 103 responsibilities hereunder, or (b) the City in its sole discretion 104 determines (i) that beneficial owners of Bonds shall be able to 105 obtain certificated Bonds or (ii) to select a new Securities 106 Depository, then the City's Director of Finance shall, at the 107 direction of the City, attempt to locate another qualified 108 securities depository to serve as Securities Depository and 109 authenticate and deliver certificated Bonds to the new Securities 110 Depository or its nominee, or authenticate and deliver certificated 111 Bonds to the beneficial owners or to the Securities Depository 112 participants on behalf of beneficial owners substantially in the 113 form provided for in Section 5; provided, however, that such form 114 shall provide for interest on the Bonds to be payable (A) from the 115 date of the Bonds if they are authenticated prior to the first 116 interest payment date, or (B) otherwise from the interest payment 117 date that is or immediately precedes the date on which the Bonds 118 are authenticated (unless payment of interest thereon is in 119 default, in which case interest on such Bonds shall be payable from 120 the date to which interest has been paid). In delivering 121 certificated Bonds, the City's Director of Finance shall be 122 entitled to rely on the records of the Securities Depository as to 123 the beneficial owners or the records of the Securities Depository 124 participants acting on behalf of beneficial owners. Such 125 certificated Bonds will then be registrable, transferable and 126 exchangeable as set forth in Section 7. 127 So long as there is a Securities Depository for the Bonds (1) 128 it or its nominee shall be the registered owner of the Bonds, (2) 129 notwithstanding anything to the contrary in this Resolution, 130 determinations of persons entitled to payment of principal, 131 premium, if any, and interest, transfers of ownership and exchanges 132 and receipt of notices shall be the responsibility of the 133 Securities Depository and shall be effected pursuant to rules and 134 procedures established by such Securities Depository, (3) the 135 Registrar and the City shall not be responsible or liable for 136 maintaining, supervising or reviewing the records maintained by the 137 Securities Depository, its participants or persons acting through 138 such participants, (4) references in this Resolution to registered 139 owners of the Bonds shall mean such Securities Depository or its 140 nominee and shall not mean the beneficial owners of the Bonds, and 141 (5) in the event of any inconsistency between the provisions of 142 this Resolution and the provisions of the above -referenced Blanket 143 Letter of Representations such provisions of the Blanket Letter of 144 Representations, except to the extent set forth in this paragraph 145 and the next preceding paragraph, shall control. 146 3. Redemption Provisions. The Bonds may be subject to 147 redemption prior to maturity at the option of the City on or after 148 dates, if any, determined by the City Manager, in whole or in part 149 at any time, at a redemption price equal to the principal amount of 150 the Bonds, together with any interest accrued to the date fixed for 151 redemption, plus a redemption premium not to exceed 2% of the 152 principal amount of the Bonds, such redemption premium to be 153 determined by the City Manager. 154 Any term bonds may be subject to mandatory sinking fund 155 redemption upon terms determined by the City Manager. 156 If less than all of the Bonds are called for redemption, the 157 Bonds to be redeemed shall be selected by the City's Director of 158 Finance in such manner as may be determined to be in the best 159 interest of the City. If less than all of any maturity of the 160 Bonds are called for redemption, the Bonds within such maturity to 161 be redeemed shall be selected by the Securities Depository pursuant 162 to its rules and procedures or, if the book -entry system is 163 discontinued, shall be selected by the Registrar by lot in such 164 manner as the Registrar in its discretion may determine. In either 165 case, (a) the portion of any Bond to be redeemed shall be in the 166 principal amount of $5,000 or some integral multiple thereof and 167 (b) in selecting Bonds for redemption, each Bond shall be 168 considered as representing that number of Bonds that is obtained by 169 dividing the principal amount of such Bond by $5,000. The City 170 shall cause notice of the call for redemption identifying the Bonds 171 or portions thereof to be redeemed to be sent by facsimile 172 transmission, registered or certified mail or overnight express 173 delivery, not less than 30 nor more than 60 days prior to the 174 redemption date, to the registered owner of the Bonds. The City 175 shall not be responsible for mailing notice of redemption to anyone 176 other than DTC or another qualified Securities Depository or its 177 nominee unless no qualified Securities Depository is the registered 178 owner of the Bonds. If no qualified Securities Depository is the 179 registered owner of the Bonds, notice of redemption shall be mailed 180 to the registered owners of the Bonds. If a portion of a Bond is 181 called for redemption, a new Bond in principal amount equal to the 182 unredeemed portion thereof will be issued to the registered owner 183 upon the surrender thereof. 184 4. Execution and Authentication. The Bonds shall be signed 185 by the manual or facsimile signature of the Mayor or Vice -Mayor, 186 shall be countersigned by the manual or facsimile signature of its 187 Clerk or Deputy Clerk, and the City's seal shall be affixed thereto 188 or a facsimile thereof printed thereon; provided, however, that if 189 both of such signatures are facsimiles, no Bond shall be valid 190 until it has been authenticated by the manual signature of the City 191 Treasurer as Registrar or an authorized officer or employee of any 192 bank or trust company serving as successor the Registrar and the 193 date of authentication noted thereon. 194 5. Bond Form. The Bonds shall be in substantially the 195 following form, with such completions, omissions, insertions and 196 changes not inconsistent with this Resolution as may be approved by 197 the officers signing the Bonds, whose approval shall be evidenced 198 conclusively by the execution and delivery of the Bonds: 199 Unless this certificate is presented by an authorized 200 representative of The Depository Trust Company, a New York 201 corporation ("DTC"), to the issuer or its agent for registration of 202 transfer, exchange, or payment, and any certificate is registered 203 in the name of Cede & Co., or in such other name as is requested by 204 an authorized representative of DTC (and any payment is made to 205 Cede & Co. or to such other entity as is requested by an authorized 206 representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF 207 FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as 208 the registered owner hereof, Cede & Co., has an interest herein. 209 210 REGISTERED 211 No. R- 212 213 214 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH REGISTERED 215 General Obligation Public Improvement Refunding Bond 216 Series of 2004B 217 INTEREST RATE MATURITY DATE DATED DATE CUSIP 218 % , , 2004 219 REGISTERED OWNER: CEDE & CO. 220 PRINCIPAL AMOUNT: DOLLARS 221 The City of Virginia Beach, Virginia (the "City"), for value 222 received, promises to pay, upon surrender hereof to the registered 223 owner hereof, or registered assigns or legal representative, the 224 principal sum stated above on the maturity date stated above, 225 subject to prior redemption as hereinafter provided, and to pay 226 interest hereon from its date semiannually on each and 227 , beginning , at the annual rate stated 228 above, calculated on the basis of a 360-day year of twelve 30-day 229 months. Principal, premium, if any, and interest are payable in 230 lawful money of the United States of America by the City Treasurer, 231 who has been appointed Registrar (the "Registrar"). The City may 232 appoint a qualified bank as successor paying agent and registrar 233 for the bonds. 234 Notwithstanding any other provision hereof, this bond is 235 subject to a book -entry system maintained by The Depository Trust 236 Company ("DTC"), and the payment of principal, premium, if any, and 237 interest, the providing of notices and other matters shall be made 238 as described in the City's Blanket Letter of Representations to 239 DTC. 240 This bond is one of an issue of $ General 241 Obligation Public Improvement Refunding Bonds, Series of 2004B, of 242 like date and tenor, except as to number, denomination, rate of 243 interest, privilege of redemption and maturity, and is issued 244 pursuant to the Constitution and statutes of the Commonwealth of 245 Virginia, including the City Charter and the Public Finance Act of 246 1991. The bonds are issued pursuant to a resolution adopted by the 247 City Council on August _, 2004, to provide funds to refund 248 portions of various series of general obligation bonds issued by 249 the City between [1997 and 20031 and to pay costs of issuance of 250 the bonds. 251 Bonds maturing on or before r , are not subject 252 to redemption prior to maturity. Bonds maturing on or after 253 f , are subject to redemption prior to maturity at the 254 option of the City on or after r , in whole or in part 255 at any time (in any multiple of $5,000), upon payment of the 256 following redemption prices (expressed as a percentage of principal 257 amount of bonds to be redeemed) plus interest accrued and unpaid to 258 the date fixed for redemption: 259 Period During Which Redeemed Redemption 260 (Both Dates Inclusive) Price 261 262 263 264 [ Bonds maturing on r f are required to be 265 redeemed in part before maturity by the City on in the 266 years and amounts set forth below, at a redemption price equal to 267 the principal amount of the bonds to be redeemed, plus accrued 268 interest to the redemption date: 269 Year Amount Year Amount 270 271 If less than all of the bonds are called for redemption, the 272 bonds to be redeemed shall be selected by the City's Director of 273 Finance in such manner as may be determined to be in the best 274 interest of the City. If less than all the bonds of a particular 275 maturity are called for redemption, the bonds within such maturity 276 to be redeemed shall be selected by DTC or any successor securities 277 depository pursuant to its rules and procedures or, if the book 278 entry system is discontinued, shall be selected by the Registrar by 279 lot in such manner as the Registrar in its discretion may 280 determine. In either case, (a) the portion of any bond to be 281 redeemed shall be in the principal amount of $5,000 or some 282 integral multiple thereof and (b) in selecting bonds for 283 redemption, each bond shall be considered as representing that 284 number of bonds that is obtained by dividing the principal amount 285 of such bond by $5,000. The City shall cause notice of the call 286 for redemption identifying the bonds or portions thereof to be 287 redeemed to be sent by facsimile transmission, registered or 288 certified mail or overnight express delivery, not less than 30 nor 289 more than 60 days prior to the redemption date, to DTC or its 290 nominee as the registered owner hereof. If a portion of this bond 291 is called for redemption, a new bond in the principal amount of the 292 unredeemed portion hereof will be issued to the registered owner 293 upon surrender hereof. 294 The full faith and credit of the City are irrevocably pledged 295 for the payment of principal of and premium, if any, and interest 296 on this bond. Unless other funds are lawfully available and 297 appropriated for timely payment of this bond, the City Council 298 shall levy and collect an annual ad valorem tax, over and above all 299 other taxes authorized or limited by law and without limitation as 300 to rate or amount, on all taxable property within the City 301 sufficient to pay when due the principal of and premium, if any, 302 and interest on this bond. 303 The Registrar shall treat the registered owner of this bond as 304 the person or entity exclusively entitled to payment of principal 305 of and interest on this bond and the exercise of all other rights 306 and powers of the owner, except that interest payments shall be 307 made to the person or entity shown as the owner on the registration 308 books on the first day of the month preceding each interest payment 309 date. 310 All acts, conditions and things required by the Constitution 311 and statutes of the Commonwealth of Virginia to happen, exist or be 312 performed precedent to and in the issuance of this bond have 313 happened, exist and have been performed, and the issue of bonds of 314 which this bond is one, together with all other indebtedness of the 315 City, is within every debt and other limit prescribed by the 316 Constitution and statutes of the Commonwealth of Virginia. 317 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has 318 caused this bond to be signed by its Mayor, to be countersigned by 319 its Clerk, its seal to be affixed hereto, and this bond to be dated 320 , 2004. 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 341 COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Mayor, City of Virginia Beach Virginia Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing 342 , Attorney, to transfer said bond on the 343 books kept for the registration thereof, with full power of 344 substitution in the premises. 345 Dated: 346 Signature Guaranteed 347 348 NOTICE: Signature(s) must be guaranteed Signature of Registered Owner) 349 by an Eligible Guarantor Institution such 350 as a Commercial Bank, Trust Company, NOTICE: The signature above must 351 Securities Broker/Dealer, Credit Union correspond with the name of the 352 or Savings Association who is a member registered owner as it appears on the 353 of a medallion program approved by The front of this bond in every particular, 354 Securities Transfer Association, Inc. without alteration or enlargement or 355 any change whatsoever. 356 357 6. Pledge of Full Faith and Credit. The full faith and 358 credit of the City are irrevocably pledged for the payment of the 359 principal of and premium, if any, and interest on the Bonds. 360 Unless other funds are lawfully available and appropriated for 361 timely payment of the Bonds, the City Council shall levy and 362 collect an annual ad valorem tax, over and above all other taxes 363 authorized or limited by law and without limitation as to rate or 364 amount, on all locally taxable property in the City sufficient to 365 pay when due the principal of and premium, if any, and interest on 366 the Bonds. 367 7. Registration, Transfer and Owners of Bonds. The City 368 Treasurer is appointed paying agent and registrar for the Bonds 369 (the "Registrar"). The City may appoint a qualified bank or trust 370 company as successor paying agent and registrar of the Bonds. The 371 Registrar shall maintain registration books for the registration 372 and registration of transfers of Bonds. Upon presentation and 373 surrender of any Bonds at the office of the Registrar, at its 374 corporate trust office if the Registrar is a bank or trust company, 375 together with an assignment duly executed by the registered owner 376 or his duly authorized attorney or legal representative in such 377 form as shall be satisfactory to the Registrar, the City shall 378 execute, and the Registrar shall authenticate, if required by 379 Section 4, and shall deliver in exchange, a new Bond or Bonds 380 having an equal aggregate principal amount, in authorized 381 denominations, of the same form and maturity, bearing interest at 382 the same rate and registered in the name as requested by the then 383 registered owner thereof or its duly authorized attorney or legal 384 representative. Any such exchange shall be at the expense of the 385 City, except that the Registrar may charge the person requesting 386 such exchange the amount of any tax or other governmental charge 387 required to be paid with respect thereto. 388 The Registrar shall treat the registered owner as the person 389 or entity exclusively entitled to payment of principal, premium, if 390 any, and interest and the exercise of all other rights and powers 391 of the owner, except that interest payments shall be made to the 392 person or entity shown as owner on the registration books as of the 393 Record Date. 394 8. Sale of Bonds. The sale of the Bonds to the Underwriters 395 is authorized upon the following terms. The City Manager, in 396 collaboration with the Financial Advisors, shall (a) determine the 397 principal amount of the Bonds, subject to the limitations set forth 398 in Section 1, (b) determine the interest rates of the Bonds, 399 maturity schedule of the Bonds and the price to be paid for the 400 Bonds by the Underwriters, subject to the limitations set forth in 401 Section 2, (c) determine the redemption provisions of the Bonds, 402 subject to the limitations set forth in Section 3, and (d) 403 determine the dated date, the principal and interest payment dates 404 and the Record Date of the Bonds, all as the City Manager 405 determines to be in the best interests of the City. 406 Following the determination of the terms of the Bonds and 407 their sale, the City Manager shall execute a bond purchase 408 agreement with the Underwriters (the "Bond Purchase Agreement") and 409 deliver the Bond Purchase Agreement to the Underwriters. A draft 410 of a Bond Purchase Agreement, copies of which have been provided to 411 the members of the City Council, is approval as the form of the 412 Bond Purchase Agreement. The final Bond Purchase Agreement shall 413 set forth the final terms of the Bonds and be in form approved by 414 the City Manager, in collaboration with the City Attorney and the 415 City's bond counsel, the execution thereof by the City Manager to 416 constitute conclusive evidence of his approval of such Agreement. 417 Following the sale of the Bonds, the City Manager shall file the 418 Bond Purchase Agreement with the City Clerk. The actions of the 419 City Manager in selling the Bonds shall be conclusive, and no 420 further action with respect to the sale and issuance of the Bonds 421 shall be necessary on the part of the City Council. 422 9. Official Statement. A draft of a Preliminary Official 423 Statement describing the Bonds, copies of which have been provided 424 to the members of the City Council, is approved as the form of the 425 Preliminary Official Statement by which the Bonds will be offered 426 for sale, with such completions, omissions, insertions and changes 427 not inconsistent with this Resolution as the City Manager, in 428 collaboration with the Financial Advisors, may consider 429 appropriate. After the Bonds have been sold, the City Manager, in 430 collaboration with the Financial Advisors, shall make such 431 completions, omissions, insertions and changes in the Preliminary 432 Official Statement not inconsistent with this Resolution as are 433 necessary or desirable to complete it as a final Official 434 Statement, execution thereof by the City Manager to constitute 435 conclusive evidence of his approval of any such completions, 436 omissions, insertions and changes. The City shall arrange for the 437 delivery to the Underwriters of a reasonable number of copies of 438 the final Official Statement, within seven business days after the 439 Bonds have been sold, for delivery to each potential investor 440 requesting a copy of the Official Statement and to each person to 441 whom such Underwriters initially sell Bonds. 442 10. Official Statement Deemed Final. The City Manager is 443 authorized, on behalf of the City, to deem the Preliminary Official 444 Statement and the Official Statement in final form, each to be 445 final as of its date within the meaning of Rule 15c2-12 ("Rule 446 15c2-12") of the Securities and Exchange Commission (the "SEC"), 447 except for the omission in the Preliminary Official Statement of 448 certain pricing and other information permitted to be omitted 449 pursuant to Rule 15c2-12. The distribution of the Preliminary 450 Official Statement and the Official Statement in final form shall 451 be conclusive evidence that each has been deemed final as of its 452 date by the City, except for the omission in the Preliminary 453 Official Statement of such pricing and other information permitted 454 to be omitted pursuant to Rule 15c2-12. 455 11. Preparation and Delivery of Bonds. After the final terms 456 of the Bonds have been determined, the officers of the City are 457 authorized and directed to take all proper steps to have the Bonds 458 prepared and executed in accordance with their terms and to deliver 459 the Bonds to the Underwriters upon payment therefor. 460 12. Redemption of Refunded Bonds. The City Manager is 461 authorized and directed to determine which of the Refunded Bonds, 462 if any, shall be refunded. The Escrow Agreement (as hereinafter 463 defined) shall provide for notice of redemption to be given in 464 accordance with the resolutions providing for the issuance of the 465 Refunded Bonds to the registered owners of the Refunded Bonds. 466 13. Escrow Deposit Agreement. In the event the City Manager 467 determines that it is in the City's best interest that all or a 468 portion of the Refunded Bonds should be refunded, the City Manager 469 and the Director of Finance, or either of them, are authorized and 470 directed to execute an escrow deposit agreement (the "Escrow 471 Agreement") between the City and an escrow agent to be appointed by 472 the City Manager (the "Escrow Agent"). The Escrow Agreement shall 473 be in the form approved by the City Manager, in collaboration with 474 the City Attorney and the City's bond counsel, and shall provide 475 for the deposit and investment of a portion of the proceeds of the 476 Bonds for the defeasance of the Refunded Bonds. The execution of 477 the Escrow Agreement by the City Manager or the Director of Finance 478 shall constitute conclusive evidence of such official's approval of 479 the Escrow Agreement. The Escrow Agreement shall provide for the 480 irrevocable deposit of a portion of the proceeds of the Bonds (the 481 "Refunding Portion") in an escrow fund which shall be sufficient, 482 when invested in noncallable, direct obligations of the United 483 States Government (the `Government Obligations"), to provide for 484 payment of principal of and premium, if any, and interest on the 485 Refunded Bonds; provided, however, that such Bond proceeds shall be 486 invested in such manner that none of the Bonds will be "arbitrage 487 bonds" within the meaning of Section 148 of the Internal Revenue 488 Code of 1986, as amended, and regulations issued pursuant thereto 489 (the "Code"). The Escrow Agent is authorized and directed to 490 execute an initial subscription form for the purchase of the 491 Government Obligations and such other contracts and agreements 492 necessary to provide for the defeasance of the Refunded Bonds as 493 are approved by the City Manager or the Director of Finance, in 494 collaboration with the City Attorney and the City's bond counsel. 495 14. Deposit of Bond Proceeds. The City Treasurer is 496 authorized and directed (a) to provide for the delivery of the 497 Refunding Portion to the Escrow Agent for deposit in the escrow 498 fund established by the Escrow Agreement, in an amount that will be 499 sufficient, together with any other funds deposited with the Escrow 500 Agent and the interest thereon when invested as provided in the 501 Escrow Agreement, (i) to pay when due the interest on the Refunded 502 Bonds to the first date on which they may be redeemed at the option 503 of the City and (ii) to pay upon the earlier of maturity or 504 redemption the principal of the Refunded Bonds, plus any interest 505 accrued and unpaid to such redemption date, plus the applicable 506 redemption premium, and (b) to provide for the deposit of the 507 remaining proceeds of the Bonds in a special account to be used to 508 pay the costs incurred in refunding the Refunded Bonds and issuing 509 the Bonds. The City Treasurer is further authorized and directed 510 to take all such further action as may be necessary or desirable in 511. connection with the payment and refunding of the Refunded Bonds. 512 15. Arbitrage Covenants. (a) The City represents that there 513 have not been issued, and covenants that there will not be issued, 514 any obligations that will be treated as part of the same issue of 515 obligations as the Bonds within the meaning of Treasury Regulations 516 Section 1.150-1(c). 517 (b) The City covenants that it shall not take or omit to take 518 any action the taking or omission of which will cause the Bonds to 519 be `arbitrage bonds" within the meaning of Section 148 of the Code, 520 or otherwise cause interest on the Bonds to be includable in the 521 gross income of the registered owners thereof under existing laws. 522 without limiting the generality of the foregoing, the City shall 523 comply with any provision of law that may require the City at any 524 time to rebate to the United States any part of the earnings 525 derived from the investment of the gross proceeds of the Bonds, 526 unless the City receives an opinion of nationally recognized bond 527 counsel that such compliance is not required to prevent interest on 528 the Bonds from being includable in the gross income of the 529 registered owners thereof under existing law. The City shall pay 530 any such required rebate from its legally available funds. 531 16. Non -Arbitrage Certificate and Elections. Such officers 532 of the City as may be requested are authorized and directed to 533 execute an appropriate certificate setting forth the expected use 534 and investment of the proceeds of the Bonds in order to show that 535 such expected use and investment will not violate the provisions of 536 Section 148 of the Code, and any elections such officers deem 537 desirable regarding rebate of earnings to the United States, for 538 purposes of complying with Section 148 of the Code. Such 539 certificate and elections shall be in such form as may be requested 540 by bond counsel for the City. 541 17. Limitation on Private Use. The City covenants that it 542 shall not permit the proceeds of the Bonds or the facilities 543 refinanced with the proceeds of the Bonds to be used in any manner 544 that would result in (a) 5% or more of such proceeds or the 545 facilities refinanced with such proceeds being used in a trade or 546 business carried on by any person other than a governmental unit, 547 as provided in Section 141(b) of the Code, (b) 5% or more of such 548 proceeds or the facilities being refinanced with such proceeds 549 being used with respect to any output facility (other than a 550 facility for the furnishing of water), within the meaning of 551 Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds 552 being used directly or indirectly to make or finance loans to any 553 persons other than a governmental unit, as provided in Section 554 141(c) of the Code; provided, however, that if the City receives an 555 opinion of nationally recognized bond counsel that any such 556 covenants need not be complied with to prevent the interest on the 557 Bonds from being includable in the gross income for federal income 558 tax purposes of the registered owners thereof under existing law, 559 the City need not comply with such covenants. 560 18. Continuing Disclosure Agreement. The Mayor, the City 561 Manager and such officer or officers of the City as either may 562 designate are hereby authorized and directed to execute a 563 continuing disclosure agreement setting forth the reports and 564 notices to be filed by the City and containing such covenants as 565 may be necessary to assist the Underwriters in complying with the 566 provisions of Rule 15c2-12 promulgated by the SEC. Such continuing 567 disclosure agreement shall be substantially in the form of the 568 draft which has been provided to members of the City Council, with 569 such completions, omissions, insertions and changes that are not 570 inconsistent with this Resolution. The execution thereof on behalf 571 of the City by any such authorized officer to constitute conclusive 572 evidence of his approval of such final agreement. 573 19. Other Actions. All other actions of officers of the City 574 and the City Council in conformity with the purposes and intent of 575 this Resolution and in furtherance of the issuance and sale of the 576 Bonds are hereby ratified, approved and confirmed. The officers of 577 the City are authorized and directed to execute and deliver all 578 certificates and instruments and to take all such further action as 579 may be considered necessary or desirable in connection with the 580 issuance, sale and delivery of the Bonds. 581 20. Repeal of Conflicting Resolutions. All resolutions or 582 parts of resolutions in conflict herewith are repealed. 583 21. Effective Date. This Resolution shall take effect 584 immediately. 585 Adopted by the Council of the City of Virginia Beach, 586 Virginia, this day of August, 2004. 587 APPROVED AS TO CONTENTS: r;; '-" 'qQg'. Fi ance Department APPROVED AS TO LEGAL SUFFICIENCY: City AttorneyX Office CA-9341 H:\PA\GG\ORDRES\2004 BOND RESOLUTION.DOC R3 - August 17, 2004 Ytr k�J Z k. r., c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the FY 2004-2005 State Performance Contract Between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services MEETING DATE: August 24, 2004 ■ Background: The Commonwealth of Virginia provides funds for public mental health, mental retardation and substance abuse services through the performance contract with local community services boards. The contract requires localities to identify in detail how funds will be utilized and the number of persons to be served with State, Federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. ■ Considerations: The expense of paperwork and reporting requirements associated with the performance contract remains a concern; however, the contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its July 29, 2004 meeting. Since the contract is more than fifty pages, a summary is enclosed with the proposed resolution. ■ Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37.1-198. Copies of the proposed contract were placed in a number of locations around the City, including CSB offices, the Central Library and the City Clerk's Office, and through the City's internet site. ■ Alternatives: Pursuant to Code of Virginia §37.1-198, if City Council does not approve the proposed performance contract by September 15, 2004, the contract shall be deemed approved. Rejecting the performance contract would mean losing millions of dollars in State and Federal funding. ■ Recommendations: It is recommended that City Council adopt the attached resolution approving the FY 2004-2005 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. ■ Attachments: Resolution and Summary of Performance Contract Recommended Action: Adoption of Resolution n Submitting Department/Agency: Department of Human Services � 1 11 �� City Manager: 1 A RESOLUTION APPROVING THE FY 2004-05 2 PERFORMANCE CONTRACT BETWEEN THE 3 VIRGINIA BEACH COMMUNITY SERVICES BOARD 4 AND THE VIRGINIA DEPARTMENT OF MENTAL 5 HEALTH, MENTAL RETARDATION AND SUBSTANCE 6 ABUSE SERVICES 7 8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That the City Council hereby approves the FY 2004-05 11 performance contract between the Virginia Beach Community Services 12 Board and the Virginia Department of Mental Health, Mental 13 Retardation and Substance Abuse Services, a copy of which is on 14 file in the office of the City Clerk. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia on the day of , 2004. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 APPROVED AS TO CONTENT: .� R I , / q IA�A �Jlt" 11 % Commu Services Board APPROVED AS TO LEGAL SUFFICIENCY: City Attor y' s ffice CA9338 R2 H:\PA\GG\ORDRES\MHMR Performance Contract RES.doc August 11, 2004 G�AeA City of Virginia Beach Administrative Offices (757437-6100 FAX (757) 490-5736 DATE: July 6, 2004 TO: Citizens of Virginia Beach 297 Independence Boulevard PEMBROKE SIX, SUITE 208 FROM: Martha McClees, Virginia Beach Community Services Board Chair SUBJECT: FY 2005 Community Services Performance Contract This summary of the proposed SFY 2005 (July 1, 2004 - June 30, 2005) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. Several items should be noted regarding this proposal: 1. While there have been significant reduction in number of forms required for the contract and subsequent reports, there remain substantial reporting and administrative requirements placed on the CSB; and 2. Proposed funding distribution reflects both operational and administrative support costs; The following is a summary of the core services and covered MR Waiver services, units of service, and proposed funding levels supported by state-controlled and performance contract fund: Department of Human Services FY M05 C nmmnnity Rervicec Performance Contract Prnnngal Rummary Program Service Unit Proposed Funding Units of Service # of Consumers Mental Health Emergency Services $1,089,939 13152 Hours 1,440 Outpatient Services $2,076,941 23,496 Hours 1524 Intensive In -Home $149,574 3,022 Hours 64 Case Management Services $1,755,844 37,535 Hours 1500 Day Treatment/Partial Hospitalization $46,000 1,771 Hours 10 Alternative Day Support $62,110 2,439 Hours 33 Therapeutic Day Treatment for Children and Adolescents $427,573 48,832 Hours 28 Rehabilitation $1,021,037 133,532 Hours 254 Transitional/Supported Employment $92,394 1,478 Hours 33 Supervised Services (Residential 551) $991,463 21,535 Bed Days 76 Supportive Services (Residential 581) $274,605 3,694 Hours 183 Mental Retardation Case Management Services $1,238,913 23,296 Hours 560 Rehabilitation $2,156,980 100,954 Hours 128 Family Support $168,427 N/A 375 Supportive Residential Services $1,406,170 21,476 Hours 28 Supervised Residential Services $2,405,149 10,030 Bed Days 29 Early Intervention $266,247 4,368 Hours 417 Transitional/Supported Employment $136,889 2,912 Hours 8 Supported Employment -Group Model $326,689 3,302 Days 22 Highly Intensive Residential $1,067,097 2,825 Days 8 Substance Abuse Outpatient $573,018 6,904 Hours 454 Case Management $285,950 5,296 Hours 200 Day Treatment/Part. Hosp. $388,189 12,401 Hours 101 Highly Intensive (Residential) $749,695 3,183 Bed Days 562 Intensive (Residential) $140,775 2,920 Bed Days 81 Jail -Based Habilitation $576,655 27,700 Hours 436 Supportive Residential Services $359,551 8,024 Hours 85 Program Service Unit Proposed Funding Units of Service # of Consumers Prevention $921,953 18,516 Hours N/A Administration Administrative Support $2,145,202 N.A. N.A. The full proposal is available for review and public comment beginning July 8th through August 7th at the following locations: Communitv Services Board Virginia Beach Central Library !I Administrative Offices Pembroke 6, Suite 208 Phone: 437-6100 City of Virginia Beach Clerk's Office Municipal Center, Bldg. #1, Room 281 Phone: 427-4303 of Human Services Web Page 4100 Virginia Beach Boulevard Phone: 431-3001 City of Virginia Beach Public Information Office Municipal Center, Bldg. #22 Phone: 427-4111 The proposal will be discussed with opportunity for public comment at July disability committee meetings as follows: Mental Retardation Committee Mental Health Committee July 13th, 2004 July 8th, 2004 Pembroke 6, Suite 218 Pembroke 5, Suite 109 8:00 a.m. !2:00 Noon The contract will be acted on by the Virginia Beach Community Services Board at its July 29th meeting. Once approved by the Board, the proposal will be forwarded to City Council for consideration and approval tentatively scheduled for August 10th. Following City Council approval, the proposal will be submitted to the State Department of Mental Health, Mental Retardation, and Substance Abuse Services. Please provide written comments to the following address by August 6th: Jerry Brickeen, Administrator Virginia Beach Department of Human Services 297 Independence Blvd Pembroke 6, Suite 208 Virginia Beach, VA 23462 or email to jbrickee@,vbQov.com. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Reestablishing the Old Beach District Master Plan Advisory Committee MEETING DATE: August 24, 2004 ■ Background: The original resolution adopted by City Council on November 4, 2003, establishing the Old Beach District Master Plan Advisory Committee (the "Committee") provided that the mission of the Committee would expire on July 1, 2004, unless the term was extended by City Council. The expiration date has passed and the Committee still has several tasks to accomplish. ■ Considerations: The Committee needs more time to accomplish the mission set forth by City Council in its original resolution. Reestablishing the Committee and extending its term to March 31, 2005 will allow the Committee to finish its vital work. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Adopt the resolution reestablishing the Committee with a new term to expire on March 31, 2005. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Requested by Councilmember Richard A. Maddox City Manager: �L ,'Z 1 2 3 4 5 6 7 8 9 10 11 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX A RESOLUTION ESTABLISHING THE OLD BEACH DISTRICT MASTER PLAN ADVISORY COMMITTEE WHEREAS, on August 5, 2003, the City Council received a summary of the financial and economic analysis of the development of the Old Beach Master Plan and an update on the status of this project; and WHEREAS, it is the sense of the City Council that there should be appointed a citizens committee to study certain issues concerning the implementation of the Old Beach Master Plan, as set forth hereinbelow. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That the City Council hereby constitutes and establishes the Old Beach Master 14 Plan Advisory Committee (the "Committee"). 15 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 1. That the Committee shall consist of thirteen (13) members, to be 18 appointed by the City Council; 19 2. That two (2) members of City Council shall be appointed as 20 nonvoting Council liaisons to the Committee; 21 3. That the Mission of the Committee is as follows: (1) to familiarize 22 itself with the "Creating an Old Beach District Center" study dated February 14, 2003 23 ("Old Beach District Study") and the market analysis prepared by URS, Bus Rapid 24 Transit studies, and any other studies pertinent to the development of the area; (2) to 25 work within the framework of the Old Beach District Study and with City staff and 26 consultants to develop an aesthetics and urban design plan for the Corridor for 27 recommendation to City Council; (3) to identify and prioritize a series of recommended 28 projects and actions to implement the aesthetics and urban design plan, including right 29 of way acquisition and development of linear parks; (4) to evaluate the use and 30 feasibility of public -private partnerships to achieve the goals and recommendations of 31 the Old Beach District Study; and (5) to investigate alternative funding sources for 32 projects in the Corridor; and 33 4. That, unless extended by City Council, the Committee's mission will 34 expire on March 31, 2005. 35 COMMENT 36 The original resolution adopted by Council on November 4, 2003, provided that the 37 mission of the Committee would expire on July 1, 2004, unless extended by Council. The 38 expiration date passed and this resolution simply reconstitutes and restablishes the Committee 39 and its mission. The expiration date for the Committee's term is now March 31, 2005. 40 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 43 August, 2004. 44 APP QED AS TO EGAL SUFFICIENCY: 45 i 46 City Attorney's Office 47 48 CA-9334 49 August 24, 2004 50 R-1 51 H:\P&A\GG\OrdRes\OldBeachCommittee.doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION ESTABLISHING THE COMMUNITY MEDICAL ADVISORY COMMISSION MEETING DATE: August 24, 2004 ■ Background: On August 5, 2003, the City Council established the Virginia Beach Trauma Center Task Force. Among other things, the group was tasked with making recommendations to Council regarding the provision of health care services in the City. Following a series of meetings that included input from citizens and medical care providers, the task force recommended "that City Council consider the formation of a Health Care Advisory Committee to assist the City Council in understanding and evaluating relevant health care issues and in providing such ongoing monitoring of the health care environment in Virginia Beach as City Council determines appropriate." ■ Considerations: This resolution would establish a nine -member Community Medical Advisory Commission. Its mission would be to advise City Council regarding the provision of medical services in the City. ■ Public Information: Public information will be handled through the normal agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Requested by Councilmembers Wilson and Wood City Manager: H:\PA\GG\ORDRES\ARF's\Community Medical Advisory Commision ARF.doc 1 REQUESTED BY COUNCILMEMEBERS WILSON AND WOOD 2 3 4 A RESOLUTION ESTABLISHING THE COMMUNITY MEDICAL 5 ADVISORY COMMISSION 6 7 WHEREAS, on August 5, 2003, the City Council established the Virginia Beach 8 Trauma Center Task Force and, among other things, tasked it with making 9 recommendations to the City Council regarding the provision of health care services in 10 the City; and 11 WHEREAS, the Task Force provided City Council with the following 12 recommendation: "that City Council consider formation of a Health Care Advisory 13 Committee to assist the City Council in understanding and evaluating relevant health 14 care issues and in providing such ongoing monitoring of the health care environment in 15 Virginia Beach as City Council determines appropriate;" and 16 WHEREAS, it is the sense of the City Council that there should be appointed a 17 citizens commission to advise City Council on matters including medical services in the 18 City, as set forth below. 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That the City Council hereby constitutes and establishes the Community Medical 22 Advisory Commission (the "Commission"). 23 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 24 BEACH, VIRGINIA: 25 1. That the Commission shall consist of nine (9) members, to be 26 appointed by the City Council; 27 2. That two (2) members of City Council shall be appointed as Council 28 contacts for the Commission; 29 3. That the terms of such members shall be for five years with a 30 maximum of two terms; provided, however, that the initial term of several members shall 31 be for lesser terms in order to provide for staggered expirations thereof; and 32 4. That the Mission of the Commission is to serve as an advisory body 33 to the City Council as follows: (1) to advise City Council regarding the provision of 34 medical services in the City including hospitals, trauma centers, medical campuses, 35 health care institutions, physicians and medical care providers, ambulance services, 36 and emergency medical services; (2) to advise City Council regarding matters affecting 37 the provision of medical services in the City that arise from certificates of public need, 38 the Medicare and Medicaid programs, and health insurance matters; and (3) to provide 39 advice to the City Council on such other matters related to the delivery of medical 40 services as may be assigned by the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of August, 2004. APPROVED AS TO LEGAL SUFFICIENCY: -: � ��� 15,- -� City Attorney's Offivce CA-9344 August 17, 2004 R-5 HAPA\GG \Ordinances & Resolutions \Community Medical Advisory Commission.doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Confirm Declaration of Local Emergency MEETING DATE: August 24, 2004 Background: Virginia Code § 44.1-146.21 authorizes the local director of emergency services to declare the existence of a local emergency. As the remnants of Hurricane Charley approached the City, the acting City Manager and Director of Emergency Management issued a declaration of local emergency in light of the imminent threat of danger that this hurricane posed. Governor Warner also issued a State of Emergency on that date, August 14, 2004. The Governor's declaration authorized state agencies to take all reasonable actions necessary to protect the health and safety of Virginians from the potentially damaging effects of Hurricane Charley. The acting City Manager's declaration authorized City agencies to take similar steps to adequately and appropriately respond to the hurricane on the local level. Considerations: Section 44.2-146.21 requires that the City Council confirm the declaration of local emergency within 14 days. Public Information: This ordinance will be advertised in the same manner other Council agenda items will be advertised. Attachments: Ordinance Recommended Action: Approval Submitting Department/A ency: City Manager/James K. Spore City Manager: If (� H:\PA\GG\ORDRES\EM GENCY.ARF.WPD 1 AN ORDINANCE CONFIRMING THE 2 DECLARATION OF A LOCAL EMERGENCY DUE 3 TO THE IMMINENT THREAT OF DISASTER 4 POSED BY HURRICANE CHARLEY 5 6 WHEREAS, Virginia Code § 44-146.21 authorizes the local 7 director of emergency management to declare the existence of a local 8 emergency, subject to confirmation by the governing body; 9 WHEREAS, in conformity with the Commonwealth of Virginia 10 Emergency Services and Disaster Law of 2000 (Virginia Code § 44- 11 146.13 et seq.), City Council, by adoption of §§ 2-411 through 2-413 12 of the City Code, created the Office of Emergency Management and 13 appointed the City Manager as the Director of Emergency Management; 14 and 15 WHEREAS, in response to the imminent threat of disaster posed 16 by Hurricane Charley, the acting City Manager and Director of 17 Emergency Management, on behalf of the City Manager, issued a 18 Declaration of Local Emergency on August 14, 2004. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That, pursuant to Virginia Code § 44-146.21, the City Council 23 hereby confirms the Declaration of Local Emergency issued by the 24 acting City Manager on August 14, 2004, a copy of which is attached 25 hereto as Exhibit A and incorporated by reference. 26 26 Adopted by the Council of the City of Virginia Beach on the 27 day of 29 2004. 30 APPROVED AS TO CONTENT: 31 32 33 34 35 36 City Manager' fice 37 38 39 40 41 CA-9343 42 H:\PA\GG\ORDRES\CHARLEYORD.DOC 43 R-5 44 August 17, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorne ' Office EXHIBIT A DECLARATION OF LOCAL EMERGENCY I, the undersigned, as acting City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions, serious and extensive property damage, and loss of interruption of vital City services posed by Hurricane Charley to be sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Virginia Code Section 44-146.21, I hereby declare the existence of a Local Emergency in the City for Virginia Beach. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by state and local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. Charles W. Meyer, AjdingiCity Manager and Director of Emergency Management / 1 '- 0 ; od/0i� Date Time CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request for Thomas Brian Milan at 404 Putnam Road MEETING DATE: August 10, 2004 ■ Background: Mr. Milan has requested permission to encroach into a portion of an existing city 50' drainage easement and a portion of the Lynnhaven River Western Branch, also known as Thalia Creek, for the purpose of constructing and maintaining a private pier, platform and jet ski lift behind his property at 404 Putnam Road, in the Pembroke Manor neighborhood. ■ Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. There are similar type approved encroachments in the adjacent vicinity. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. ■ Attachments: Ordinance, Location map, Agreement, Plat Recommended Action: Approve Submitting Department/Agency: Public WorksQ City Manager: rtc�3v'121 commmm u f SCALE .II WCATION- I Wk N 0� I 0 f t p 1 LOCATION MAP SHOWING 404 PUTNAM ROAD FOR REQUESTED ENCROACHMENT GPIN 1477-78-0408 SCALE: 1" = 100' f 9 THALIA CREEK CITY OF VIRGINIA BEACH 50' DRAINAGE EASEMENT PREPARED BY P.W. ENG. CADD 7-6-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF AN EXISTING 50' DRAINAGE EASEMENT AND A PORTION OF THE LYNNHAVEN RIVER WESTERN BRANCH, ALSO KNOWN AS THALIA CREEK, BY THOMAS BRIAN MILAN, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Thomas Brian Milan desires to construct and maintain a private pier, platform and jet ski lift into a portion of an existing City 50' drainage easement and a portion of the Lynnhaven River Western Branch, also known as Thalia Creek, located at 404 Putnam Road. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's easement subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas Brian Milan, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a private pier, platform and jet ski lift in the City's drainage easement and a portion of the Lynnhaven River Western Branch, also known as Thalia Creek, as shown on the map entitled: "Exhibit A, PROPOSED PIER IN: PEMBROKE MANOR AT: 404 PUTNAM ROAD CITY OF VIRGINIA BEACH STATE OF VIRGINIA 30 APPPLICATION BY: TOM MILAN" a copy of which is on file in the Department of Public 31 Works and to which reference is made for a more particular description; and 32 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Thomas Brian Milan (the "Agreement'), which is attached 35 hereto and incorporated by reference; and 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 37 is hereby authorized to execute the Agreement; and 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 time as Thomas Brian Milan and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. APPROVED AS TO CONTENTS S4bNATURE Plv &4 S DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM A 0 �C� CITY ATTORNEY CA-9251 PREPARED: 7/29/04 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 5 8.1-811(c)(3) THIS AGREEMENT, made this day of , , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and THOMAS BRIAN MILAN, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "SEC 4 - LOT 32 - BLK 42 - PEMBROKE MANOR" and being further designated and described as 404 Putnam Court, Virginia Beach, Virginia 23462; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a private pier, platform and jet ski lift, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 50' drainage easement and a portion of the Lynnhaven River Western Branch, also known as Thalia Creek, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1477-78-0408 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER IN: PEMBROKE MANOR AT: 404 PUTNAM ROAD CITY OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY: TOM MILAN" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses 2 and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance 3 policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Thomas Brian Milan, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 11 (SEAL) ATTEST: City Clerk Thomas Brian Milan STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2004, by DESIGNEE OF THE CITY MANAGER. i My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: 5 Notary Public STATE OF °,�2t i2)► i i ! G _-- CITY/COUNTY OF �A a (- to -wit: / v/z_ The foregoing instrument was acknowledged before me this �. �� day of 2004, by THOMAS BRIAN MILAN. 46 Notary Public My Commission Expires: /J/, APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT 0 APPROVED AS TO LEGAL SUFFIECIENCY AND FORM AP❑ #3 APO #4 FLOG +-165' ACROSS RIVER LYNHAVEN RIVER WESTERN BRANCH ALSO KNOWN AS THALIA CREEK 4 HppRl MILAN #2 Pam, S �pICES Orr • S21d45'V ._ W 127.26' ti G W N QD R QQ� i to M MILAN f o r r N Cn N O _Ln N- cl PURPOSE, ACCESS DATUMt MLW ADJACENT PROPERTY OVNMS 1. SEE LIST SHEETi S DATE. 5 APRIL 2000 APO #2 DRAINAGE EASELOIENT N❑TES, 1• SURVEY DATA FROM 2/19/E•5, TARRAL ASC. 2. HYDRO DATA FROM HAND SURVEY DATUM=MLW. 3. DRAWING IS FOR PERMIT APPLICATIOI` ONLY. 4. ALL MATERIALS WILL BE STAGED WITHIN THE LIMITS OF CONSTRUCTION 5. MILAN #1 & 2 STAKED IN FIELD. 6• PIER TO BUILDING TIE-INj MILAN #1 TO PT A = 112.7' MILAN #2 TO PT B = 111.0, WARE #1 TO WARE #2 = 91 S73di5'E. 7• ZONING, R7.5, SIDE SETBACK =10, & ROAD SETBACK=301, BACK=20' TREES TO BE REMOVED. 9. RESTORE ALL DISTURBED DAREAS IAW SEEDING SHEET. PROPOSED PIER IN' PE:IMBROKE MANNER AT, 404 PUTNAM R13AD CITY OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATI❑N BY' T❑ti MILAN SIIEETl 2- LYNHAVEN RIVER WESTERN BRANCH `s S ALSO KNOWN AS THALIA CREEK —�- 12' °•�'� MILAN;T' FOUR MOORING' > 21'X16' PILES/LIFT PLATFORM , MLW ,0 ffJESKI TLIFT W " 0, S. n Q LLJ o LLJ Ur o CLI -(25 C✓ I M 51.5' TO PL - MHW VEGETATION AREA 5,0' FENCE LINE 1'=20' PURPOSE, ACCESS DATUMi MLW ADJACENT PROPERTY OVNIRS I. SEE LIST SHEETi S DATE- 5 APRIL 2000 2.© MILAN 5.0' #1 75' TO PL _ ' - - •W' PIER PLAN -S S' EDGE OF CHAN 6 t NOTES, 1. THIS DRAWING FOR PERMITS ONLY. 2. ALL MATERIALS SHALL BE AS SHOWN ON SECTION SHEETS. PROPOSED PIER IN, PEMBROKE MANOR AT, 404 PUTNAM ROAD CITY OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY' TOM MILAN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to construct and maintain underground irrigation in the right-of-way at Litchfield Way MEETING DATE: August 24, 2004 ■ Background: Litchfield Manor Phase 2 Homeowners Association has made application for permission to construct and maintain underground irrigation in the right of -way at Holland Road and Litchfield Way. ■ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, Plat and Pictures Recommended Action: Approval of the ordinance Submitting DepartmentlAgency: Public Works / Real Estate for -- City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF 5 LITCHFIELD WAY BY LITCHFIELD MANOR 6 PHASE 2 HOMEOWNERS ASSOCIATION, 7 ASSIGNS AND SUCCESSORS IN TITLE 8 9 WHEREAS, Litchfield Manor Phase 2 Homeowners Association 10 desires to construct and maintain underground irrigation into the 11 City's right-of-way located at Litchfield Way. 12 WHEREAS, City Council is authorized pursuant to §§ 15.2- 13 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 14 authorize a temporary encroachment upon the City's right-of-way 15 subject to such terms and conditions as Council may prescribe. 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That pursuant to the authority and to the extent thereof 19 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 20 amended, Litchfield Manor Phase 2 Homeowners Association, assigns 21 and successors in title are authorized to construct and maintain a 22 temporary encroachment for underground irrigation in the City's 23 right-of-way as shown on the map entitled: "LITCHFIELD MANOR PHASE 24 2 HOMEOWNERS ASSOCIATION ENCROACHMENT FOR UNDERGROUND IRRIGATION", 25 a copy of which is on file in the Department of Public Works and to 26 which reference is made for a more particular description; and 27 BE IT FURTHER ORDAINED, that the temporary encroachment 28 is expressly subject to those terms, conditions and criteria 29 contained in the Agreement between the City of Virginia Beach and 30 Litchfield Manor Phase 2 Homeowners Association, (the "Agreement") 31 which is attached hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED that the City Manager or his 33 authorized designee is hereby authorized to execute the Agreement. 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be 35 in effect until such time as Litchfield Manor Phase 2 Homeowners 36 Association and the City Manager or his authorized designee execute 37 the Agreement. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the day of , 2004. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 CA-#9185 gsalmons/Litchfield/ord. R-1 PREPARED: 07.12.04 2 OVED AS TO CONTENTS SIGNATURE PLO Ad C,a fek_ DEPARTMENT APPROVED AS TO LEGAL ,I SUFFICIENCY 1D CITY -AT iEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 2 day of , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, LITCHFIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, IT IS PROPOSED BY THE Grantee to construct and maintain underground irrigation, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Litchfield Way "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the 1 City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "LITCHFIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION ENCROACHMENT FOR UNDERGROUND IRRIGATION", a copy ofwhich is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. 2 It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, with the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such 3 removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Litchfield Manor Phase 2 Homeowners Association has caused this Agreement to be executed by Gary S. Thompson, President a member of said association with due authority to bind said association. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 0 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Litchfield Manor Phase 2 Homeowners Association ZyS. Th pson, Pre dent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2003, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 2003, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: 5 Notary Public STATE OF VIRGINI CITY/COJ�tTY ZF. , to -wit: The foregoing instrument was acknowledged before me this 8� day of 2004, by Gary S. Thompson, President on behalf of Litchfield Manor Phase 2 Homeowners Association.. My Commission Expires: August 31, 2006 APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 'n I,- I %-j"" Notary Public APPROVED AS TO CONTENT Q&7744� C. /11 CITY REAL ESTATE AGENT o = // I ✓ LF / J c 1 o KELLAM H.S. LOCAT li � LOCATION M AP SHOWING ENCROACHMENT REQUESTED BY LITCHFIELD MANOR PHASE 2 HOMEOWNERS ASSOCIATION �- \ INTO CITY RIGHT-OF-WAY LITCHFIELD WAY _ SCALE: 1 200 u i c-HrltLU MANOR.DGN T.C. PREPARED BY PM/ ENG. DRAFT. 13-JUL- EXISTING VACUUM LINE_7 EXISTING WATER LINE ----- EXISTING WALLS EXISTING WATER LINE WATER METER EXISTING 15" STORM DRAIN F/ PROPOSED TORO ROTOR SPRINKLER, TYP. PROPOSED 2"PVC SLEEVE, TYP. PROPOSED TORO SPRAY SPRINKLER, TYP. PROPOSED BORING FOR ELECTRICAL CONDUIT. PROPOSED ELECTRICAL PEDESTAL ---- - - ------ EXISTING TELEPHONE PEDESTAL e. pg RIGHT OF WAY m % �HOLLAND ROAD am a �A EXISTING VACUUM LINE PROPOSED EXISTING STORM SEWER 48" STORM SEWER NOTES: 1. ALL IRRIGATION PIPING WILL BE WITHIN 2' FROM BACK OF CURB, EXCEPT AT WATER TIE-IN AND CROSSING MIDDLE ISLAND. -M-*�-ITCAFIELD MANOR PHASE 2 2. SPRINKLER HEADS SHALL BE HOMEOWNERS ASSOCIATION PLACED NO CLOSER THAN 3' FROM VACUUM SEWER LINES. ENCROACHMENT FOR 3. CONTRACTOR SHALL BE UNDERGROUND IRRIGATION RESPONSIBLE TO CONTACT MISS UTILITY BEFORE BORING IN ORDER TO HAVE THE AREA SCANNED 40 o' 20' 40' 40' AND MARKED FOR UTILITIES. Exhibit "A" 1 40' ENCROACHMENT PLAT --A W i MSA ■P.C. E_ DATE: 4/09/04■9 L PLY.311. I Arm Pbnning L PROJECT # 03045 IAMJ L. I DRAFT: JLN It%-Lj 1_ Surve*9 - I I I CHK'D BY: MEP Fnvhummcntal Sdences ELLZ;U1 SHEET 1 OF 1 SIM ROUSE DRP#A VHtGU%A MACK VA M462-3= _j PHONE (M 490-Wff - FAX (7M 4W4W4 LITCHFIELD MANOR ENTRANCE ENCHROACHMENT APPLICATION MSA# 03045 5/28/03 WEST SIDE OF ENTRANCE EAST SIDE OF ENTRANCE FRONT OF ENTRYWAY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appropriation of $1,300,000 from Hampton Roads Sanitation District to CIP 6- 103, "Lake Ridge Interceptor Force Main" MEETING DATE: August 24, 2004 Background: In 1997, the City of Virginia Beach entered into an Interest Participation Agreement with the Hampton Roads Sanitation District ("HRSD") for the construction of the Lake Ridge Interceptor Force Main (CIP #6-103). Public Utilities is responsible for administering the design and construction contracts for this project. Bids were opened on July 22, 2004 for Section D, which is the final section to be constructed under the Agreement. The low bid amount was $3,348,633; however, the remaining appropriations for this project total only $2,500,000. Additional funding from HRSD is required to facilitate the extra construction costs. This will increase the total appropriations for CIP# 6-103 from $10,300,000 to $11,600,000. Considerations: The Hampton Roads Sanitation District has agreed to provide an additional $1,300,000 in funds to the City to facilitate the completion of this project. Public Information: This agenda item will be advertised as part of the Council's agenda. Alternatives: No other alternative funding is available. Recommendations: That $1,300,000 from HRSD be accepted and appropriated to CIP 6-103, "Lake Ridge Interceptor Force Main." Attachments: Ordinance; Letter from HRSD. Recommended Action: Approval Submitting Department/Agency: Public Utilities/w . fu: Yt City Manager: LL . o-� 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE 6 $1,300,000 FROM THE HAMPTON ROADS SANITATION 7 DISTRICT TO CIP #6-103, ""LAKE RIDGE 8 INTERCEPTOR FORCE MAIN" 9 10 WHEREAS, based on bid costs for construction of the 11 final section of the Lake Ridge Interceptor Force Main project, 12 an additional $1,300,000 must be appropriated to CIP #6-103, 13 "Lake Ridge Interceptor Force Main" to cover the additional 14 construction costs; and 15 WHEREAS, pursuant to an existing Interest Participation 16 Agreement with the Hampton Roads Sanitation District ("HRSD"), 17 HRSD has agreed to provide the additional funds required to 18 complete this project. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 That $1,300,000 is hereby accepted from the Hampton 22 Roads Sanitation District and appropriated to CIP #6-103, "Lake 23 Ridge Interceptor Force Main," with revenue from HRSD increased 24 accordingly. 25 Adopted by the Council of the City of Virginia Beach, 0►X. 27 Virginia, on the day of , 2004. 28 29 30 31 1 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Approved as to Content: 'S0, Lo�:� Management Services CA-9332 H:\PA\GG\ORDRES\CIP6-103.DOC August 6, 2004 R-2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' ffice 4 Kim Putman - Sewer 6.103 Lake Ridge IFM HRSD Ltr.pdf Page 1 90 HRSD P 4.), jifIX I:, VIR.61NIA PA{ -II VI R61MA I FA% August 4, 2004 sa weir. Joshua D. Holt, EIT Project Manager DPU1 - Engineering Division Municipal Center Vireinia Beach. Virginia 23456 RE: Lak-c Ridge Interceptor Force Main C111 6-103 - De1r Mr. Holt: In Au ust 1997, Hampton Roads Sanitation District (I-IRSD) and thCi, ty of Virginia Beach (City) entered into an IDEMSt Participation Agreement {IPA) for the design and construction of the Lake Ridge Interceptor Force -N -lain� The IPA anticipated Lhat all portions of the pro�jccE's design and construction would be managed by the City with reimbursement by HRSD. Sections A and B have been managed and paid for directly by HRSD while Sections C, D, E and F have been or are beinL, managed bv the City with reimbursement by HRSD. The City's FY-2004 Capital Improvement Program lists 14RSD's responsibility for fundinz design and construction of Sections C. D. E and F as $6.741,959. The total cost of easements. appropriate engineering and construction committed funds to date for Sections C, E and F. already completed or under construction, and Section D, recently bid. is approximately $10.78 million. HRSD agrees to provide an additional $11.300,000 to the City to facilitate the completion of the Lake Ridge Interceptor Force Nlain. Very truly yours, Edward D. Romm, P.E. Director of Engineering EDR,,'plh PROVIn. I% G Ilir I's T EVV-'; I t-k SLR*,, 1CFS TO PROT R1,-T AN P I Ch OUR ENV[ RONA I UNII CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Request to Appropriate $442,731 in Additional Revenue to the Department of Human Services MEETING DATE: August 24, 2004 Background: The Human Services Department requests that City Council approve 2.4 new FTEs and appropriate revenues totaling $442,731 that have become available subsequent to the adoption of the FY 2004-05 budget. The new revenue and new FTEs will allow the Department to increase services to clients and families and to expand community based residential services to medically fragile adults with mental retardation. The additional revenues are comprised of the following: • $42,173 from food card rebates for client food. • $100,000 in Federal Funds through the State for Strengthening Families Program. This is a renewable grant that will be included in future budgets. • $38,000 from the Dorothy Stephens Estate to the MH Gift Fund specific to Senior Adult Respite Care Program. • $50,000 restricted State Funding for non-CSA mandated services for emotionally disturbed children. • $90,745 on -going MH State General Funds • $2,402 on -going MR State General Funds • $8,755 Federal Funds through the State for increased PATH Program funding • $35,855 new on -going Federal Funds through the State for Co-occurring Disorder Services. • $9,000 one-time Federal Funds through the State for Postpartum Women Case Management — Project LINK. • $4,000 one-time Federal Substance Abuse and Prevention Funding through the State for training and evaluation. • $3,000 MH Gift Funds specific to the Therapeutic After School Respite Program. • $58,801 Medicaid revenue for Colby Avenue Intermediate Care Facility. ■ Considerations: Because notification regarding certain federal or state revenues are received after the budget is approved by City Council in May of each fiscal year, the identified revenues were not included in the Department's FY 2004-05 Operating Budget and have not been appropriated. No additional City funds are required. ■ Public Information: Initiatives being recommended based on the additional revenue have been discussed and approved by the Community Services Board at its regular meeting on July 29, 2004. All other public information will be handled through the normal Council agenda process. ■ Alternatives: These additional funds will allow the Department to meet pressing service needs. Without this funding, the services would not be provided without diverting revenue designated for other purposes. ■ Recommendations: Approve the proposed appropriations. Attachments: Ordinance Recommended Action: Adoption of Ordinance Submitting Department/Agency: Human Services /�'���� City Manager: �y� J 1 AN ORDINANCE TO APPROPRIATE $442,731 IN STATE, FEDERAL, 2 GIFT FUND, AND MISCELLANEOUS REVENUES TO THE FY 2004-05 3 DEPARTMENT OF HUMAN SERVICES BUDGET TO PROVIDE ADDITIONAL 4 MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE 5 SERVICES 6 7 8 WHEREAS, additional funds are available to the Human 9 Services Department to provide mental health, mental retardation, 10 and substance abuse services, and these funds must be appropriated. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 15 16 1. That $157,610 in additional federal revenue and 17 $143,147 in additional state revenue are hereby appropriated to the 18 FY 2004-05 Department of Human Services budget to provide 19 additional mental health, mental retardation and substance abuse 20 services, with federal and state revenue increased accordingly. 21 2. That $41,000 in additional gift fund revenue and 22 $42,173 in additional miscellaneous revenue are hereby appropriated 23 to the FY 2004-05 Department of Human Services budget to provide 24 mental health and substance abuse services to adults and children 25 and to support the Senior Adult Respite Care Program, with gift 26 fund revenue and miscellaneous revenue hereby increased 27 accordingly. 28 3. That $58,801 in additional Medicaid revenue is 29 hereby appropriated to the FY 2004-05 Department of Human Services 30 budget to provide nursing services at an intermediate care 31 facility, with Medicaid revenue increased accordingly. 34 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the day of , 2004. 37 38 Requires an affirmative vote by a majority of the members of City 39 Council. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Approved As to Content: Management Services Approved As To Legal Sufficiency: City Attorne s Off e ' CA9340 R3 H:\PA\GG\ORDRES\HUMAN SERVICES NEW REVENUES ORD.DOC August 13, 2004 �4�y lid' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appropriation of $73,000 of Fund Balance Designated for Mental Health to the Department of Human Services MEETING DATE: August 24, 2004 Background: The Human Services Department requests that City Council appropriate the following revenue: $26,000 from fund balance designated for Mental Health to install a fire suppression system at the Kentucky Avenue Intermediate Care Facility • $47,000 from fund balance designated for Mental Health to purchase a wheelchair van for the Colby Way Intermediate Care Facility. Considerations: Due to new state requirements, the Department must install sprinklers prior to the next inspection in 2005 to maintain licensure at the Kentucky Avenue facility. This facility is leased from BIZNET, a private non-profit organization, who built the facility in partnership with the City. Modifications required to meet code and licensure requirements are the responsibility of the City. Colby Way is a group home that is in the process of being converted to an Intermediate Care Facility -Mental Retardation, which serves Department clients with mental retardation and co-occurring physical disabilities. As part of licensure requirements, the Department must have the capability to transport clients to department -operated programs to receive services. Existing transportation assets in the Department are not sufficient to meet this need. Public Information: The initiatives recommended for funding have been discussed and approved by the Community Services Board at its regular meeting on July 29, 2004. All other public information will be handled through the normal Council agenda process. Alternatives: If the fire suppression system is not installed, the facility will be at risk of losing its license and ability to bill Medicaid. Without funding to purchase a wheelchair van, the Colby Way facility will not be licensed as an Intermediate Care Facility. Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Department Of Human Services;^ City Manager l j�" V� 0 - ' 1 AN ORDINANCE TO APPROPRIATE $73,000 2 FROM FUND BALANCE IN THE GENERAL FUND 3 DESIGNATED FOR MENTAL HEALTH TO THE 4 FY 2004-05 OPERATING BUDGET OF THE 5 DEPARTMENT OF HUMAN SERVICES TO 6 PROVIDE A FIRE SUPPRESSION SYSTEM FOR 7 THE KENTUCKY AVENUE FACILITY AND A 8 WHEELCHAIR VAN FOR THE COLBY WAY 9 FACILITY 10 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 16 1. That $73,000 of fund balance in the General Fund 17 designated for Mental Health is hereby appropriated to the FY 2004- 18 05 Department of Human Services Operating Budget for the purpose of 19 providing a fire suppression system for the Kentucky Avenue 20 Intermediate Care facility and a wheelchair van for the Colby Way 21 Intermediate Care facility. 22 2. That estimated revenue in the FY 2004-05 Operating 23 Budget from appropriations of fund balance is hereby increased by 24 $73,000. 25 26 Requires an affirmative vote by a majority of the members of City 27 Council. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, 30 on the day of , 2004. Approved As to Content: Management Services Approved As To Legal Sufficiency: City Attorney' Offic CA9337 R2 H:\PA\GG\ORDRES\HUMAN SERVICES FUND BALANCE APPROP ORD.DOC August 12, 2004 o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Orchard at Glenwood, Sections II and III, Subdivision - Cash payment in lieu of park reservation ordinance to appropriate funding to Capital Improvement Program (CIP) Project 4-970 Park Playground Renovations MEETING DATE: August 24, 2004 ■ Background: The Orchard at Glenwood, Sections II and III, subdivision is comprised of a 9.76 +/- acre site zoned R-5d residential district and is located on the north and south sides of Stumpy Lake Lane at the intersection of Indian River Road. Section 4.5 of the City's Subdivision Ordinance requires a 1.18-acre reservation, or.59-acre dedication, for open space. The Department of Parks and Recreation has followed the approved City Council Policy for Cash Payment in Lieu of Park Reservation, which identifies a payment process for dedications of generally less than one acre in size. The cash payment is based on the assessed value of the land multiplied by the dedication requirement. ■ Considerations: Sudhakar Lavingia, the representative of the Orchard at Glenwood subdivision development, has agreed to a cash payment of $26,550 in lieu of park reservation, as recommended by the Department of Parks and Recreation. The payment is based on the dedication requirement of .59 acres multiplied by the assessed value of $45,000 per acre. The payment will be appropriated to Capital Improvement Program (CIP) project 4.970 Park Playground Renovations to provide City park playgrounds improvements. ■ Public Information: The subdivision plans for the proposed development were processed through the administrative procedures of the Department of Planning, Development Services Center, and the Department of Planning. The files for these subdivision plans are accessible for public review. ■ Alternatives: There are no other alternatives beyond those mentioned above (land dedication, land reservation, or cash -in -lieu of payment) as set forth by Section 4.5 of the City Subdivision Ordinance. ■ Recommendations: It is recommended that the ordinance to appropriate $26,550 in lieu of park reservation payment funds to Capital Improvement Program (CIP) Project #4-970 be approved for the purpose of providing park playground improvements. ■ Attachments: Ordinance Agreement Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: �L-, b� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $26,550 2 TO CAPITAL PROJECT #4-970, "PARK PLAYGROUND 3 RENOVATIONS," FOR PLAYGROUND IMPROVEMENTS IN 4 THE VICINITY OF THE ORCHARD AT GLENWOOD 5 SUBDIVISION WHEREAS, the developer of the Orchard at Glenwood subdivision, Sudhakar Lavingia, has agreed make to a $26,550 cash payment in lieu of a park dedication. 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 That $26,550 is hereby accepted from Sudhakar Lavingia and 10 appropriated to Capital Improvement Project 4;4-yiu, -earx 11 Playground Renovations," for playground improvements in the 12 vicinity of the Orchard at Glenwood subdivision, with revenue from 13 local sources increased accordingly in the FY 2004-05 Capital 14 Improvement Budget. 15 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the day of , 2004. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney s Office CA9335 Rl-August 10, 2004 H:\PA\GG\ORDRES\CIP#4-970 orchard at glenwood K. PLANNING — NO ACTION NECESSARY 1. Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) for a Conditional Use Permit re a facility for the disabled at 2441 North Landing Road. (This CUP was deferred by the Planning Commission.) (DISTRICT 7 — PRINCESS ANNE) L. PLANNING Petition for a Variance to § 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for WILLIAM P. VAUGHAN at the northern terminus of Vaughan Road, west of Princess Anne Road, and allow a 28.987-acre lot to be created from a 70-acre parcel that is divided by a canal leading to West Neck Creek. (DISTRICT 7 — PRINCESS ANNE) Recommendation: 2. Application of DRIVE 1 for a Conditional Use Permit re motor vehicle sales (used) on the north side of Virginia Beach Boulevard, west of First Colonial Road. (DISTRICT 6 — BEACH) Recommendation: 3. Application of NEW LIFE CHRISTIAN FELLOWSHIP AT PROVIDENCE for a Conditional Use Permit re a church at 1244 Thompkins Lane. (DISTRICT 1— CENTERVILLE) Recommendation: ll' 4. Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit re a church (three-phase expansion) at 1500 North Great Neck. (DISTRICT 5 — LYNNHAVEN) Recommendation: APPROVAL 5. Application of OMNIPOINT COMMUNICATIONS CAP OPERATIONS, L.L.C. for a Conditional Use Permit re a communications tower at 1001 Concert Drive. (DISTRICT 7 — PRINCESS ANNE) Recommendation: APPROVAL 6. Application of CHAIN BRIDGE PROPERTIES, L.L.C. fora Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District re site redevelopment for retail use and drive -through restaurant at 657 Lynnhaven Parkway (West Oceana area). (DISTRICT 3 — ROSE HALL) Staff Recommends: DENIAL Planning Commission Recommends: APPROVAL 7. Application of WEST NECK, L.L.C. for a Chan —of Zoning District Classi ication from AG-1 and AG-2 Agricultural Districts with Historic and Cultural District (HCD) Overlay (portion of) to Conditional R-10 Residential District with a PD-H2 Planned Unit Development District Overlay re the development of 108 single-family residential housing units on the west side of West Neck Road, south of North Landing Road. (DISTRICT 7 — PRINCESS ANNE) Recommendation: APPROVAL 8. Application of RONALD MODLINGER, M.D. fora Change of Zoning District Classification from R-5D Residential Duplex District to Conditional 0-1 Office District and Conditional R-5D Residential Duplex District re an office for medical practice on the northwest side of Dam Neck Road, south of Holland Road (DISTRICT 3 — ROSE HALL) Recommendation: APPROVAL 9. Ordinance to AMEND §§ 215 and 216 of the City Zoning Ordinance (CZO) re the repair of certain billboards. Recommendation: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Virginia Beach Community Development Corporation — Conditional Use Permit (facility for the disabled) MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of the Virginia Beach Community Development Corporation for a Conditional Use Permit for a facility for the disabled on property located at 2441 North Landing Road (GPIN 14949046270000). DISTRICT 7 — PRINCESS ANNE. ■ Considerations: This request was deferred at the August 11 Planning Commission hearing. An alternative site for the facility has been selected. The Planning Commission will consider the use permit request for that location on September 8. ■ Recommendations: Since the Planning Commission deferred this matter, no action is needed by the City Council at this time. ■ Attachments: Location Map ✓Recommended Action: NO ACTION NECESSARY. Submitting Department/Agency: Planning Department City Manager: V SUBDIVISION VARIANCE There has been no recent zoning activity in the area shown on the map. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: William P. Vaughan — Subdivision Variance MEETING DATE: August 24, 2004 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William P. Vaughan. Property is located at the northern terminus of Vaughan Road, approximately 6600 feet west of Princess Anne Road (GPIN 24012798000000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The existing lot is approximately 70 acres and is divided by a canal that leads to West Neck Creek. It is the intent of the applicant to carve out a 28.987-acre lot on the west side of Vaughan Road, without frontage along a public right-of-way. Access to the site is proposed via an existing private ingress/egress easement along the southern property line, leading to Vaughan Road. This ingress/egress is currently used by an existing parcel to the west that was created without sufficient frontage along Vaughn Road. There is no practical way to access the site's existing frontage along Vaughn Road from the proposed lot as this canal or Vaughn Road separate the lot from the larger portion of the property. The conundrum is that the applicant only owns the property on the east side of Vaughn Road so access to a public street is nonexistent without traversing the canal or utilizing an existing ingress/egress easement. The Planning Commission placed this item on the consent agenda the site lacks frontage on Vaughan Road for access. Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Wiiliam P. Vaughan Page 2 of 2 1. Approval from the Health Department shall be obtained prior to the issuance of the building permit. 2. Verification that the Parcel A-2 has obtained legal authority to utilize the existing ingress/egress easement shall be submitted with the final plat. 3. All applicable requirements of the City's Southern Watersheds Management Area Ordinance and the Floodplain Ordinance shall be adhered to. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map /Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: �� I 1��q Gylt J16-212-SVR-2004 WILLIAM P. VAUGHAN Agenda Item # 8 July 14, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. LOcabon and General InfOrrnabon IR REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance LOCATION: Property located at the North terminus of Vaughan Road, 6600 feet West of Princess Anne Road GPIN: 24012798000000 COUNCIL ELECTION DISTRICT: 7 — PRINCESS ANNE WILLIAM P.\ Agenda SITE SIZE: 28.987 Acres EXISTING LAND USE: Vacant, agricultural field SURROUNDING North: . Vacant, agricultural field / AG-2 Agricultural District LAND USE AND South: . Vacant, agricultural field / AG-1 & 2 Agricultural ZONING: District East: . Single-family dwelling, Vaughn Road, agricultural field / AG-2 Agricultural District West: • Single-family dwelling, agricultural field / AG-1 Agricultural District NATURAL The site is currently under cultivation. A canal exists along 200 feet RESOURCE of the proposed eastern property line. This canal eventually leads to AND the West Neck Creek. The western portion of the property is CULTURAL predominately marshland, approximately 20 acres, leaving 18.58 FEATURES: acres suitable for the development of a single-family dwelling with a septic system. The site is located in the Southern Watersheds Management Area and the siting of any structures must meet the requirements of the Southern Watersheds Management Area Ordinance. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary Of Proposa Existing Lot: The existing lot is approximately 70* acres and is divided by a canal that leads to West Neck Creek. *City records indicate that the existing parcel is closer to 60 acres, not 70 acres. Proposed Lots: It is the intent of the applicant to carve out a 28.987-acre lot on the west side of Vaughan Road, without frontage along a public right-of-way. Access to the site is proposed via an existing private ingress/egress easement along the southern property line, leading to Vaughan Road. This ingress/egress is currently used by an WILLIAIVI P.\ Agenda existing parcel to the west that was created without sufficient frontage along Vaughn Road. Item Required of A-2. Lot Width in feet 150 0* Lot Area in acres 15 27.98 *Variance required Comprehensive The Comprehensive Plan recognizes this portion of the City as the "Rural Service Area." The area is characterized as low, flat land with wide floodplains and altered drainage. Working farms and farm related businesses existing along with limited non-residential uses. Staff o • tion Staff recommends approval of this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staffs evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The applicant has demonstrated a hardship through (1) The existing farm is bisected by both an existing canal that leads into West Neck Creek to the north and Vaughn Road at the southern end of the property. There is no practical way to access the site's existing frontage along Vaughn Road from this 28 acre area as this canal and/or Vaughn Road separate this area from the larger portion of the property. The conundrum is that the applicant only owns the property on the east side of Vaughn Road so access to a public street is nonexistent without traversing the canal or utilizing an existing ingress/egress easement. (2) The existing large, almost 60-acre parcel, is adjacent to several single-family dwellings and is in the vicinity of a recently approved subdivision father to the east on Vaughn Road. The proposed parcel's limits are reasonable boundaries: the marsh to the west, the ingress/egress easement to the south, and existing single-family dwellings to the east and west. This site is "nestled" between two other single-family structures, one of which also required a subdivision variance. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. Approval from the Health Department shall be obtained prior to the issuance of the building permit. 2. Verification that the Parcel A-2 has obtained legal authority to utilize the existing ingress/egress easement shall be submitted with the final plat. 3. All applicable requirements of the City's Southern Watersheds Management Area Ordinance and the Floodplain Ordinance shall be adhered to. NOTE: Further conditions may be required during the administration of applicable City Ordinances. WILLIAM PA Agenda p.. Zoning History SUBDIVISION VARIANCE There has been no recent zoning activity in the area shown on the map. Public Mency Comments Public Works Master Transportation Plan MTP : Vaughn Road is a rural dead-end road. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use —10 ADT' No data No data Vaughn Road available available Proposed Land Use 3— 20 ADT Average Daily Tnps 2 as defined by one single-family dwelling on the 70 acre parcel 3 as defined by the additional single-family dwelling Public Utilities Water & There is no City water or sewer facilities in this part of Virginia Sewer: I Beach. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate surface must be in place to assure access to structures by fire fighting apparatus. aOtt a`z Ti IMP •- t S � Y � � fit, - I _.—., � 1 � n^ LU V ughan Road f r 1- 001 r `-, Exhibit B Proposed Subdivision Plai dF y��Ez � A( III Fa i a M h Bar„ o m d i 3 c c L LR' U i j 2+��c Lm. yy moa °-or �mg 3 (°� 41 a H� W C a W 9 N 14 �0„'m N •yu J 3{ � to qt aZp a0C�y�C 9 �� =m�m���7>C_O O ra ? 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Vaughan Appeal to Decisions of Administrative Officers in Regard to certain elements of the Subdivision Ordinance Northern terminus of Vaughan Road District 7 Princess Anne July 14, 2004 CONSENT William Din: The second is Item #8 William P. Vaughan. This is an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. The property is located on the northern terminus of Vaughan Road, approximately 6600 feet west of Princess Anne Road. This is in District 7, Princess Anne District. Bruce Gallup: Good afternoon. My name is Bruce Gallup. I'm the surveyor/engineer on this project and I represent the Vaughan family. We've read the conditions and they are acceptable. William Din: Thank you. There are three conditions in this case. Bruce Gallup: Yes sir. William Din: Okay. Thank you. Is there any opposition to placing this on consent? There is no opposition. Don Horsley is going to explain this item. Donald Horsley: The intent of this applicant is really something that we like to see. We like to see the young fellows come back into agriculture and build on their home farm. This is a true example of what we've got. We applaud young people for doing that. The intent of this applicant is to carve out about a 29-acre parcel out of 60-acre parcel. The problem that he's got and his big hardship is that he has no real road frontage to do it off of Vaughan Road to access the property. But an access has been worked out by a private ingress/egress easement along the southern border of the property. It shows building a bridge across the canal is about the only way he can access his property so we have a favorable staff recommendation and the Commissioners had no problem with this and we wish Mr. Vaughan well in building his new home. William Din: Thank you Don. Madame Chair, I would like to make a motion to approve the consent agenda consisting of Item #8 William P. Vaughan with three conditions. Donald Horsley: Second. Dorothy Wood: A motion by our Vice Chair Will Din and seconded by Don Horsley. Item #8 William P. Vaughan Page 2 AYE 10 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 1 Ed Weeden: By a vote of 10-0, this consent agenda item passes. ABSENT # I DATE I REQUEST I ACTION 1 11/13/01 CONDITIONAL USE PERMIT (tattoo parlor & Denied body piercing) 1-13-69 CHANGE OF ZONING (R-D2 Residence Duplex Granted to C-1-1 Limited Commercial) 2 2-10-98 CONDITIONAL USE PERMIT (communication Granted 4-11-95 tower) Granted CONDITIONAL USE PERMIT (communication tower) 3 9-8-98 CONDITIONAL USE PERMIT (bulk storage) Granted 4 7-13-99 CONDITIONAL USE PERMIT (motor vehicle Granted rentals) 5 3/12/02 CONDITIONAL USE PERMIT (fleet fuel sales) Withdrawn 6-13-00 CONDITIONAL USE PERMIT (motor vehicle & Granted truck rentals) 12-7-99 CONDITIONAL USE PERMIT (motor vehicle Denied rentals) 6 6-25-91 CONDITIONAL USE PERMIT (auto sales & Granted repair) 7 8-9-92 CONDITIONAL USE PERMIT (automobile repair) Granted 8 2-14-95 CONDITIONAL USE PERMIT (automobile repair) Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Drive 1 — Conditional Use Permit (motor vehicle sales — used) MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of Drive 1 for a Conditional Use Permit for motor vehicle sales (used) on property located on the north side of Virginia Beach Boulevard, approximately 100 feet west of First Colonial Road (GPIN 24077670150000). DISTRICT 6 — BEACH ■ Considerations: The applicant is proposing to construct a building and to develop the currently vacant site with a display and parking area for the sale of used automobiles. The proposed two-story building is set back along the western property line with parking in the front. Vehicle display is proposed along the eastern side of the site and behind the building. Access is proposed from Virginia Beach Boulevard. The Comprehensive Plan Map designates this area of the City as Strategic Growth Area 7 — Hilltop/North Oceana Area. It identifies the First Colonial Road corridor from 1-264 to Hilltop and Laskin Road as an area that is considerably underdeveloped. The Plan recommends non-residential uses primarily due to the existence of the high AICUZ and Accident Potential Zones within the area. The Plan notes that attention should be focused on quality site and building design to increase the attractiveness of the area. The proposed use is consistent with the recommendations found in the Comprehensive Plan. The presence of the greater than 75 AICUZ District as well as the existence of Accident Potential Zone 1 on this site, coupled with the B-2 zoning, make this a desirable use at this location. As the Comprehensive Plan recommends, the applicant has proposed a use compatible with the limiting AICUZ issues associated with this property. The applicant has worked with Staff to improve the architecture of the building and the overall site layout and landscaping. An awning has been added to the front and side facade as well as additional detailing along the roofline, both of which will provide visual interest and vertical and horizontal relief. Attention to landscape details to provide screening of the vehicles from both the right-of-way (Virginia Beach Boulevard) and the private drive along the eastern property line goes beyond the minimum requirements of the Zoning Ordinance. Drive 1 Page 2 of 3 The Planning Commission placed this item on the consent agenda, finding that the proposed is consistent with the recommendations of the Comprehensive Plan and is compatible with surrounding uses. There was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. When developed, the site shall substantially conform to the submitted site plan entitled, "DRIVE 1," prepared by AnCor, Inc., dated 3/30/04, which has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. When the building is erected, it shall be in substantial conformance with the submitted elevations entitled, "DRIVE 1," prepared by AnCor, Inc., dated 3/30/04, which have been exhibited to the Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. A ten (10) foot reservation along the Virginia Beach Boulevard right-of-way shall be depicted on the final site plan to meet the future needs outlined in Capital Improvement Program project 2-072. 4. Any freestanding sign shall be a six-foot high monument style sign with a block base and color scheme to match that of the building materials of the primary structure. 5. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during final site plan review. Said Plan shall include the location of all pole mounted and building mounted lighting fixtures and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. 6. Vehicles for display for sale or otherwise shall be not parked in the right- of-way, on above grade ramps nor within the private drive at the eastern property line. 7. All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 8. The repair of automobiles, or outside storage of parts, equipment, or wrecked and/or inoperative vehicles shall not be permitted on the site. Drive 1 Page 3 of 3 9. No vehicles shall be displayed on raised platforms. 10. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 11. No outdoor public address system or paging system shall be used. 12. Parking space and display area spaces shall be clearly delineated on the final site plan and the parking lot must be striped in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of-way. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Aecommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 4 City Manager: k :�6 v K06-215-CUP-2003 DRIVE 1 Agenda Item # 25 July 14, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. L.oCabon and General Information Iq REQUEST: LOCATION: Conditional Use Permit for automobile sales of up to 50 vehicles. This item was deferred on April 14, 2004 due to the applicant's failure to appear to respond to questions. This item was deferred on June 9, 2004 for failure to post the public notice sign. Property is located on the north side of Virginia Beach Boulevard, approximately 100 yards west of First Colonial Road. VA No RAF ��� r GPIN: 24077670150000 COUNCIL ELECTION DISTRICT: 6 — BEACH SITE SIZE: 27,500 square feet EXISTING LAND USE: The site is currently vacant. SURROUNDING North: • Office park / B-2 Community Business District LAND USE AND South: • Mixed retail / B-2 Community Business District ZONING: . Glass repair, sales / B-2 Community Business East: District West: • Restaurant / B-2 Community Business District NATURAL RESOURCE AND There are no significant environmental features on this cleared, CULTURAL grassed site. There is a thin stand of trees along the northern FEATURES: property line that will remain. AICUZ: The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zone 1 surrounding NAS Oceana. The applicant is proposing to construct a building and to develop the site with a display and parking area for the sale of used automobiles. The two-story building is set back along the western property line with parking in the front. Vehicle display is proposed along the eastern side of the site and behind the building. Access is proposed from Virginia Beach Boulevard. The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Building and site design, quality of materials and overall appearance. • Consistency with the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan Map designates this area of the City as Strategic Growth Area 7 — Hilltop/North Oceana Area. It identifies the First Colonial Road corridor from 1-264 to Hilltop and Laskin Road as an area that is considerably underdeveloped. The Plan recommends non-residential uses primarily due to the existence of the high noise AICUZ and Accident Potential Zones within the area. The Plan notes that attention should be focused on quality site and building design to increase the attractiveness of the area. EvaluationStaff Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) This use is consistent with the recommendations found in the Comprehensive Plan. The presence of the greater than 75 AICUZ District as well as the existence of Accident Potential Zone 1 on this site, coupled with the B-2 zoning, make this a desirable use at this location. As the Comprehensive Plan recommends, the applicant has proposed a use compatible with the limiting AICUZ issues associated with this property. Agenda I (2) The applicant has worked with Staff to improve the architecture of the building and the overall site layout and landscaping. An awning has been added to the front and side facade as well as additional detailing along the roofline, both of which will provide visual interest and vertical and horizontal relief. Attention to landscape details to provide screening of the vehicles from both the right-of-way (Virginia Beach Boulevard) and the private drive along the eastern property line goes beyond the minimum requirements of the Zoning Ordinance. Staff, therefore, recommends approval of this request with the conditions below. Conditions 1. When developed, the site shall substantially conform to the submitted site plan entitled, "DRIVE 1," prepared by AnCor, Inc., dated 3/30/04, which has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. When the building is erected, it shall be in substantial conformance with the submitted elevations entitled, "DRIVE 1," prepared by AnCor, Inc., dated 3/30/04, which have been exhibited to the Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. A ten (10) foot reservation along the Virginia Beach Boulevard right-of-way shall be depicted on the final site plan to meet the future needs outlined in Capital Improvement Program project 2-072. 4. Any freestanding sign shall be a six-foot high monument style sign with a block base and color scheme to match that of the building materials of the primary structure. 5. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during final site plan review. Said Plan shall include the location of all pole mounted and building mounted lighting fixtures and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. 6. Vehicles for display for sale or otherwise shall be not parked in the right-of-way, on above grade ramps nor within the private drive at the eastern property line. 7. All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 8. The repair of automobiles, or outside storage of parts, equipment, or wrecked and/or inoperative vehicles shall not be permitted on the site. 9. No vehicles shall be displayed on raised platforms. 10. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 11. No outdoor public address system or paging system shall be used. 12. Parking space and display area spaces shall be clearly delineated on the final site plan and the parking lot must be striped in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of-way. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Agenda Zoninq History N CUP - For Motor # I DATE IREQUEST I ACTION 1 11/13/01 CONDITIONAL USE PERMIT (tattoo parlor & body Denied piercing) 1-13-69 CHANGE OF ZONING (R-D2 Residence Duplex to C-1-1 Granted Limited Commercial) Agenda 2 2-10-98 CONDITIONAL USE PERMIT (communication tower) 4-11-95 CONDITIONAL USE PERMIT (communication tower) 3 9-8-98 CONDITIONAL USE PERMIT (bulk storage) 4 7-13-99 CONDITIONAL USE PERMIT (motor vehicle rentals) 5 3/12/02 CONDITIONAL USE PERMIT (fleet fuel sales) 6-13-00 CONDITIONAL USE PERMIT (motor vehicle & truck rentals) 12-7-99 CONDITIONAL USE PERMIT (motor vehicle rentals) 6 6-25-91 CONDITIONAL USE PERMIT (auto sales & repair) 7 8-9-92 CONDITIONAL USE PERMIT (automobile repair) 8 2-14-95 CONDITIONAL USE PERMIT (automobile repair) Granted Granted Granted Granted Withdrawn Granted Denied Granted Granted Granted Public Agency Comments Public Works Master Transportation Virginia Beach Boulevard in the vicinity of this project is Plan (MTP): considered a four (4) lane undivided urban arterial. It is designated on the MTP as a 100-foot divided right-of- way. This site is likely to be impacted by Capital Improvement Program (CIP) project 2.072, which will include improvements to the First Colonial Road and Virginia Beach Boulevard intersection. This CIP project is currently under design and acquisition is expected to begin in summer of 2004. Construction is scheduled to commence in the fall of 2004. Additional right-of-way is likely necessary along the northern portion of Virginia Beach Boulevard, in front of this site, to adequately improve this portion of the roadway. This will include 10 feet of property on this site that fronts Virginia Beach Boulevard. Further review of this requirement will be done during the final site plan review process. Traffic Calculations: Street Name Present Volume Present Ca acit Generated Traffic Existing Land Use Virginia Beach 35,000 22,800 —121 ADT Boulevard ADT' ADT' Proposed Land Use 3- 33 Public Utilities Water: There is a 12 inch water main in Virginia Beach Boulevard. This site must connect to City water. Sewer: There is an 8 inch gravity sewer main in Virginia Beach Boulevard. This site must connect to City sewer. A sewer analysis and pump station calculations will be required to determine if pump station 262 has capacity. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: A certificate of occupancy must be obtained from the Building Official's office prior to occupancy. Vehicles may not be used as barriers to prevent ingress oregress. ►1 Exhibit B Proposed Site Plan Exhibit C -1 Proposed Building Elevation (toward . Beach blvd. To south) Exhibit C -2 Proposed Building Elevation (toward private street to east) Agenda Exhibit D -1 Disclosure Statement DISCLOSURE STATEMENT J1 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) i - 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) �� l� I ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following. 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) (i a few ,� Clr-itr� So, tJ - �)ar, 0 --"{" A D 1 5C: 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Use Pewit Applicaticn Page 10 of 11 Revised 10:1r2003 Agenda Exhibit D - 2 Disclosure Statement r DISCLOSURE ST'ATIE(`JT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide senaicr s v Ih re.-,4)r:ct to the requested property use, including but not limited to the providers of erchit¢ectural services. real estate services, financial services, and legal services: (Avacr fist it necessary) ' "parent -subsidiary relationship" means "a relationship that eAsls l , 0-1 Girt! corporation directly or indirectly owns shares possessing more than 50 oerc�rtt of the voting power of another corporation." See State and Local Govemrne -z. Ccfei;'iict ci Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means -a relationship. ciher th:sn pareni-subsidiary relaWaship, that exists when (i) ono business entiN t;as ra controlling ownership interest in the other business entity, (it) a controlling civr<er h one entity is also a controlling owner in the other entity. or (iii) there is _ harc-d management or control between the business entities. Factors that should be cjnsideresl in determining -the existence of an affrliatW business entity --Baron ship include that the same person or substantially the same person own o- rnano ge, the two entities; there are common or commingled funds or assets: the busing" en%e—s stare, the use of the same offms or employees or otherwise share activities::, resau" � ws cr personnel on a regular basis: or there is otherwise a dose wwRing re',,-�tionsh'p between the entities." See State and Local Government Conflict of Interests A.t. Va, Code § 2.2-3101. -da4 " CERTIFICATION: I certify that the information contained herein is tree ar:d accurate. I ur derstand that, upon receipt of notification (postcard) that the appii:,alicvn [peen scheduled for public hearing, I am responsible for obtaining and postin the ir_quired sign on the subject property at (Past 30 days prior to the scheduled Pubic Mating acc;Mein ati in this package. a �j Applicant's Si r PriM Name r j3 Arer,ww„ CiWFlGY'3 sionatura tit ffitierent than e0r> immt) Print t4arrle Car;ditiona� '.if: P:.ml APN ra1VQ -age it OS 1 s P.iriGtd 7�n;2CU3 Item #25 Drive 1 Conditional Use Permit North side of Virginia Beach Boulevard District 6 Beach July 14, 2004 CONSENT William Din: The next item is Item #25 Drive 1. This is also an application for a Conditional Use Permit for motor vehicle sales on property located on the north side of Virginia Beach Boulevard approximately 100 feet west of First Colonial Road in the Beach District. Yes sir. Steve Sivak: Good afternoon. I'm Steve Sivak on behalf of Drive 1. We've read and agree with the conditions. William Din: Okay. There are 12 conditions here and you've all 12? Steve Sivak: Yes. William Din: Is there any opposition to placing this on the consent agenda? Thank you sir. Ms. Jan Anderson is going to explain this item. Janice Anderson: Thank you. This is an application for a Conditional Use Permit for automobile sales. It's a Use Permit for they want to have over 50 vehicles that this site. This is at the intersection of First Colonial Road and Virginia Beach Boulevard in a B-2 area. The Commission and staff believe that it was appropriate and compatible use to the surrounding uses. This area does have over 75 decibels of noise and the applicant has worked very carefully with staff in bringing up the architecture of the building and with the conditions placed on their Conditional Use Permit we believe that it was appropriate and recommend approval. William Din: Thank you Jan. I would like to make a motion to approve the consent agenda consisting of Item #25 Drive 1, Conditional Use Permit for motor vehicle sales with 12 conditions. Donald Horsley: Second. Dorothy Wood: A motion by our Vice Chair Will Din and seconded by Don Horsley. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE Item #25 Drive 1 Page 2 DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, this consent agenda item passes. ABSENT Map Not to Scale h11 g W 'Ate Christian Fellows 10 [-,; 0 _ R-5D CUP for Church # I DATE REQUEST ACTION 1 07/09/90 CONDITIONAL USE PERMIT (CHURCH) DENIED 2 06/02/86 REZONING FROM R-8 TO 0-1 GRANTED 3 08/24/87 CONDITIONAL USE PERMIT (NURSING HOME) GRANTED CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: New Life Christian Fellowship at Providence — Conditional Use Permit (church) MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of New Life Christian Fellowship at Providence for a Conditional Use Permit for a church on property located at 1244 Thompkins Lane (GPIN 14652907800000). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant is requesting to use the existing school building and parking for a church. In addition, a new 1,050 seat sanctuary will be constructed on the north side of the existing building and more parking spaces will be added to the south and east sides of the existing building. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and additional parking to accommodate this. The materials on the addition will consist of brick, exterior insulating finish system, aluminum frame windows and metal roofing. The existing building will be painted white with gray accents to match the colors depicted for the new addition. The metal roofing on the new addition will be a similar blue color to the existing blue metal roof. The proposed church use is an institutional use similar to the private school. Although traffic patterns will change with the new use, the peak hours for the church primarily fall outside of typical weekday peak traffic hours. The church use will be compatible with the surrounding uses. The site is large and can accommodate the sanctuary and parking additions proposed in the first phase as well as in the future. There was opposition to the proposal. After the Planning Commission hearing, the applicant met with the Birnam Woods Civic League to address issues raised at the Planning Commission hearing. As a result of that meeting, the applicant agreed to the addition of language to Condition 4 (underlined portion on next page), which will result in a more substantial buffer between the proposed site and the neighborhood. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: New Life Christian Fellowship at Providence Page 2 of 2 1. The site shall be developed in substantial conformance to the submitted plan entitled "Preliminary Site Plan for New Life Christian Church Providence Congregation" prepared by Engineering Services, Inc. and dated March 31, 2004, and on file in the Department of Planning. 2. The phase one sanctuary addition shall be developed in substantial conformance to the submitted elevations entitled "New Life Christian Fellowship Providence" prepared by Barnes Design Group, P.C. and dated March 26, 2003, and on file in the Department of Planning. The future sanctuary addition shown on the plan must use similar materials and architectural style. 3. Parking lot and foundation landscaping in accordance with the Site Plan Ordinance shall be installed in the areas of new parking to be constructed in the first phase and all future phases. 4. A minimum 25 foot wide buffer shall be provided along all property lines adjacent to residential zoned property. A minimum 50 foot wide buffer shall be provided along the property lines adjacent to all houses in the Birnam Woods neighborhood. There shall be no improvements installed within these buffer areas. Tree protection measures for all existing trees within these areas must be provided on the detailed site plan and installed during construction. Additional evergreen plantings shall be installed among the existing trees in the 50 foot wide buffer area to fill in gaps as necessary. 5. No access to Masada Drive shall be permitted. A secondary access through the adjacent shopping center to Kempsriver Drive should be pursued when the additions labeled "future" are constructed. 6. Application shall be reviewed on an annual basis to determine if restrictions on amplified music are necessary. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Aecommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: (4v��k,, C09-213-CUP-2004 EW LIFE CHRISTIAN FELLOWSHIP Agenda Item # 27 July 14, 2004 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: t4 tk Location and General Information Conditional Use Permit for a church Property located at 1244 Thompkins Lane 14652907800000;14662051740000 1 - CENTERVILLE 13.4 acres NEW LIFE CH EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: Private School • Single -Family and Duplex Dwellings / R-5D North: Residential District South: • Office / 0-2 Office District • Shopping Center / B-2 Community Business East: District • Single -Family and Duplex Dwellings / R-5D West: Residential District The site is developed with a school building, playground and small parking area. The rest of the site is wooded. The AICUZ zones surrounding NAS Oceana do not impact the site. APPLICATION This item was deferred at the request of the applicant at the June 9 HISTORY: public hearing to provide time for the applicant to discuss the request further with the surrounding residential area. Summary of P The applicant is requesting to use the existing school building and parking for a church. In addition, a new 1,050 seat sanctuary will be constructed on the north side of the existing building and more parking spaces will be added to the south and east sides of the existing building. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and additional parking to accommodate this. The architectural rendering submitted shows the new phase one sanctuary addition. The materials on the addition will consist of brick, exterior insulating finish system, aluminum frame windows and metal roofing. The existing building will be painted white with gray accents to match the colors depicted for the new addition. The metal roofing on the new addition will be a similar blue color to the existing blue metal roof. The hours of operation will be Monday through Friday 9:00 A.M. to 5:00 P.M. There are thirteen staff members that will be occupying the church during those hours. There will be a Wednesday night service from 7:00 P.M. to 9:00 P.M. Sunday services may be held NEW LIFE CHRISTIAN'.FELLOWSHIP Agenda Item #W27 Page..2 throughout that day and into the evening at various times between 7:00 A.M. and 10:00 P.M. Major Issues The following represents the significant issue identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which this issue is adequately addressed. Compatibility with existing uses and consistency with the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Staff Evaluation M Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the `Major Issue' identified above. The existing site is currently being used as a private school, which will be relocating to a different site. The proposed church use is an institutional use similar to the private school. Although traffic patterns will change with the new use, the peak hours for the church primarily fall outside of typical weekday peak traffic hours. The church use will be compatible with the surrounding uses. The existing building will be utilized. The site is large and can accommodate the sanctuary and parking additions proposed in the first phase as well as in the future. Staff, therefore, recommends approval of this request. Conditions 1. The site shall be developed in substantial conformance to the submitted plan entitled "Preliminary Site Plan for New Life Christian Church Providence Congregation" prepared by Engineering Services, Inc. and dated March 31, 2004, and on file in the Department of Planning. 2. The phase one sanctuary addition shall be developed in substantial conformance to the submitted elevations entitled "New Life Christian Fellowship Providence" prepared by Barnes Design Group, P.C. and dated March 26, 2003, and on file in the Department of Planning. The future sanctuary addition shown on the plan must use similar materials and architectural style. 3. Parking lot and foundation landscaping in accordance with the Site Plan Ordinance shall be installed in the areas of new parking to be constructed in the first phase and all future phases. 4. A minimum 25 foot wide buffer of existing trees shall be preserved along all property lines adjacent to residential zoned property. Tree protection measures must be provided on the detailed site plan and installed during construction. 5. No access to Masada Drive shall be permitted. A secondary access through the adjacent shopping center to Kempsriver Drive should be pursued when the additions labeled "future" are constructed. NEW LIFE CHRI NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. NEW LIFE CHRISTIAN;f Zoning History CUP for Church # I DATE REQUEST ACTION 1 07/09/90 CONDITIONAL USE PERMIT (CHURCH) DENIED 2 06/02/86 REZONING FROM R-8 TO 0-1 GRANTED 3 08/24/87 CONDITIONAL USE PERMIT (NURSING HOME) GRANTED Public Agency Comments Public Works Master Transportation Plan (MTP): Indian River Road in the vicinity of this application is considered a six -lane divided major urban arterial. It is designated on the Master Transportation Plan as a 150-foot wide right-of-way divided facility with access control. There is a project listed but not funded in the current Capital Improvement Program to upgrade this roadway from the current six lanes to an eight -lane Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 227 ADT' Indian River 58,000 48,200 Road ADT ADT' Proposed Land Use 2— 2,000 Avorana nai[v Trim 'as defined by private school 2 as defined by church (Sunday only) Public Utilities Water: This site has an existing water meter, which may be used or upgraded. A hydraulic analysis and water meter sizing calculations are required to ensure potential water demand can be met. Sewer: The site is already connected to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station 437 is required to determine if flows can be accommodated. Police: Public Safety The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention NEW LIFE CHRIST Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Fire Department requirements will be addressed during detailed site plan and building Ian review. NEW LIFE CHRIST tit sc < ( r { R M 'iy' 'r �•� �� ire 'Sn,,�'�y - �' ~' 'a 47 Ile Lis 1-0 7,7 ,�� I �r� / YY _."'�°t ,.:,�� E f�.��t.� �,k\�� 1,,�.&. �r�1 •�ec% _i�r�N «�>� � � g,✓,(G2��;j �'�`,' �..,,.,.,.1 ...-�,—r_,.Z'^.y _.s,_ P3i' 'z "'.' �2, �`�',*`�r, f. •"}�rlCfa '� ��s �S tsar^'� \_, � $ �}}+ ^ � P X'�'�� % t 3i p7 J{ } j¢{j( �V � p �,y...� Y�y � ,,qt ••.._ ,ry ,.y� � \ 'a.'l � � � ft t "y! 'j} � I!f f �t (��'U !',`',�■+r 1{L��'4�,.�"."�",�. g,� h *%R� r %r ray` .v,�i�a L `, ^'-,.. -' ,ti✓ 31., ''" a'' +y+� /.°f'� f� �f t� • �,.Fgp 1 7 �`^'ii �a`a t • T f. �5` ,'�! -." +yy_y, � �' •.�_ . , � � T � 2 1 , j '�„ S `•"1 ,. P5 Exhibit B Proposed Site Plan �,r�'•.- �A / ,_.,_ �� � � .. � ram. ,. , z ✓ �� 4 R �L i1 iE ... i _ Y . —v4 ld AI. — ON 89Al2A.... NVION1 Y.' b ti s CL 4) U 4) 'Z 3! z 0 > 0", 4) 4) &Z 6g ZE z A NEW LIFE CHRI Exhibit C Proposed Building Elevation NOIJ.d'JPIddV ZIYVNHd HSIl'IVNOIZIQIQO3 I-- z w 5; w to a: 0 22 icy— x�AQ - Al" 2 ZO 0, f ;,K it 52. JI- 16- -Hs OE 0 2 �-= z -e, vi Vt a SH,�� a 0 1-i 'I & Lj je 1 0 NEW LIFE CHRI Exhibit D -1 Disclosure Statement 'WFELL, Agenda 3 � g 'a 5 W MON G c i sq N � w y"8 r�r�r�a J 3 a �gg a .p w n A.$ N •� �v�a p� IsS ot=�Ce W`° <�z > m g+ > s 7 y4r L- m ,Q O/ NEW LIFE CHRI Exhibit D -2 Disclosure Statement 4N FELLOWSHIP Agenda. Item :.27 Paged 1.3 Exhibit D - 3 Disclosure Statement V— [ Q —0 c 1. # E 11 AN[ 4.1114111 �t�Vd- at.7 A gve NEW LIFE CHRISTIAN-fEE-11-11 Agenda Item #27 New Life Christian Fellowship at Providence Conditional Use Permit 1244 Thompkins Lane District 1 Centerville July 14, 2004 REGULAR Dorothy Wood: Would you call the next case sir. Joseph Strange: The next item is Item #27. Dorothy Wood: We apologize to you all for making you wait all day. We certainly did not plan on being here at 5:30 or ask you to stay until 5:30. Please know that we do appreciate you coming and appreciate your time. Joseph Strange: Item #27 New Life Christian Fellowship at Providence. An Ordinance upon Application of New Life Christian Fellowship at Providence for a Conditional Use Permit for a church on property located at 1244 Thompkins Lane, District 1 Centerville. Dorothy Wood: Who's speaking on this? Yes sir. Randy Royal: For the record, I'm Randy Royal, Engineering Services representing the church. Dorothy Wood: Thank you sir. Randy Royal: It is another church. I don't think we have a noise problem here. Certainly, I'm going to be brief. I have to be at Chesapeake Planning Commission at 7:00 o'clock. We've been talking with the neighbors out in the hall and we've had meetings with them. I hope we got it down to one issue. I got the architect here who will go over the building with you very briefly. I don't think there are any questions. It's going to be a nice building but we've taken over the Hebrew Academy. Do you have any other slides in there? I don't know whether you can see it or not it wraps around the building there. We're building a new sanctuary. The existing building is there. Here's the new sanctuary. The first Phase of this project is limited to right there. We have met with the folks. in New Light, this neighborhood here. The folks you will have here today I believe are all in Birnam Woods, which is this neighborhood. There was a miscommunication or whatever you want to call it that we were going to tie into Masada Drive. A petition was circulated and that was one of the items that was that we don't want this church coming through our neighborhood, which we knew that. Staff knew that. We have a condition on there that says no access shall be permitted through Masada Drive. Not now, not ever. That issue is cleared up. I believe the only issue that you're going to hear about and they certainly will correct me if they're wrong. This area here Item #27 New Life Christian Fellowship at Providence Page 2 and staff had recommended that we have 25-foot buffer, leave the existing trees in place, which was fine with us. We've met with the Birnam Wood folks probably 30-40 of them Monday night and one of the things they said is "how far is it right now." It is like 40 feet at the closest point. They said could you give us fifty? So, we said fifty. There is an amended condition in there for fifty feet. There was a question this area here, which again that is all future parking. If and when they ever do the enlarged sanctuary there but for now this is a very overgrown field. I'm told there are 5-6 foot high weeds out there. Pretty bad. We talked about it. Some of the neighbors initially said to leave it all natural. Most of the neighbors came back and I think they're in agreement now that clear this out, cut the grass, leave an open field in there. But certainly along this area here we're going to leave the existing trees. Then the only question became that some of the folks wanted a fence along there to close it off. There was concern with kids walking through. Apparently, that happens now. Some of the folks and we told them that is going to be an open field here. Your kids may want to come play on it and other kids may want to play. I wasn't certain what to do so I talked to staff. Staff discussed it and Stephen can speak on their behalf but their opinion was that it's an open area. It kind of serves as an "unofficial park." Let them have access to it. This is not a game breaker for us one way or the other. If it's a fence and I had suggested maybe some enhanced landscaping in there where there are gaps between the trees we put more trees with shrubs or whatever to create a green fence but they can still access the area. Hopefully, as I said and they will correct me when I'm wrong but I think that is the only issue with this. It's a nice a looking building. The use and the building itself the closest resident is like 800 feet away. So again, there is not a noise concern. We've discussed traffic with them. Traffic actually improves with this project. With the Hebrew Academy the previous user there, they operated during the weekdays, during rush hour. There was more traffic. We operate on Sundays. There is less traffic on Indian River Road. There's virtually no traffic in these businesses here. We actually operate at this intersection here at a level service of "A" in the a.m. peak and `B" in the p.m. peak. You guys have heard this before. You're used to hearing probably "C's" "Us" and sometimes "E's." We got "A" and `B", so that's not a problem. Again, to reiterate we are not and never intend to come through Masada Drive. With that, I'm going to let the architect speak briefly. Thank you. Dorothy Wood: Thank you sir. Welcome. Michael Barnes: Good evening. My name is Mike Barnes, architect with Barnes Design Group. My address is 101 N. Lynnhaven Road, Virginia Beach, Virginia. In light of your marathon, I'm going to keep my comments as short as I can. Dorothy Wood: We appreciate that sir. Michael Barnes: Our planning goal basically was to master plan the site to maximize the use of the existing Hebrew Academy for the church. Second planning goal was to master plan a 1000 seat sanctuary with a possible expansion of 1,800. Briefly, our architectural design goals was to design a 1,000 seat and in the expansion to 1,800 conducive to the Item #27 New Life Christian Fellowship at Providence Page 3 worship of New Life. I might clarify one thing. There was some questions out in the lobby earlier whether or not the 1,800 was an excess of the 1,000. That is not the case. If you can go back to the plan, the Hebrew Academy wraps completely around in a "C" shape. This is Phase I, which is a 1,000 seat. Phase II is out here, which is the 1,800 seat. North exits and lobbies in churches in the past used to be just an airlock entry. Most of the churches, and we've done 300 of them, the lobby actually becomes a great gathering space, a fellowship hall, a place where people stay before service and after service. So, what will happen in this situation is that this will become a sanctuary, which is this building right here. It's kind of tucked into the existing "C" form. It will seat 1,000 people. Down the road when they expand, the expansion is out here. You can see it on the site plan, that's 1,800 seats. When we expand to the 1,800 seats, the existing sanctuary becomes a gathering space or a large fellowship type space with toilets and a bookstore. So, the maximum seating would be 1,800. A couple of other quick design goals, we wanted to design the new building to blend into the fabric of the existing architecture. We wanted to be architectural responsive to that existing blue roof. I didn't pick it. That's on the existing building that they put in several years ago. And, then uniform the entire facility with a consistent and attractive color scheme. So, responding to those goals, what you have before you is simple rectangular form for the new sanctuary with a high ceiling. It ties into the existing building. We've matched the vibrant blue of the existing building on the new lobby. What we've done is we come out on the side of the building over here with the lobby that matches the existing building that is here, both in architecture as well as the roof. And, we've tied into that color. Then we used a complementary light blue metal roof for the new sanctuary with the concept and those colors aren't exact by the time you do a 3-D computer model and plot it out but what we're looking at is a light blue so it won't be really heavy. It would at least be compatible with the existing. And last but not least as a design goal we unified and brightened the facility by using a white paint scheme with gray accents that would take the existing color of the brick and tie it to the new structure so everything would look as one total structure once it was complete. And with that, I'll be on standby if you have any questions for me. Thank you very much. Dorothy Wood: Thank you Mr. Barnes. Are there any questions for Mr. Barnes? Thank you sir. Joseph Strange: We have Wayne Buechler, the pastor of the church. Dorothy Wood: Welcome sir. Glad to have you with us. Wayne Buechler: Thank you. I'm Wayne Buechler. I'm one of the pastors at New Life at Providence. Madame Chairperson and other distinguished individuals I appreciate a long day you put in and all the times you meet here. We've made an effort over the last few years to locate different pieces of property for our church expansion. We were very privileged in the fall of last year to discover this piece of property. And, through a variety of circumstances we've been here with Barbara Duke and others to try to make sure that we get everything put in order so everything goes as smoothly as possible. We Item #27 New Life Christian Fellowship at Providence Page 4 also endeavored to meet with the New Light Civic League, which we've done twice. We just met Monday night with about 40 something people. We discussed some of their concerns. We really want to be good citizens in the community and try to work with everybody as best we can. Both Randy and Mike have addressed that professional aspect and I'm just here to tell you that whatever ways we can help and whatever ways we can accommodate as best we can that's our privilege to be able to do that. We bond to the conditions stipulated by the staff and we've agreed to those. If there are any other things that we need to work out we'll be glad to do that in the course of the day or in the course of the future. So, thank you very much. Dorothy Wood: Thank you pastor. Are there any questions for the pastor? Mr. Royal was here this morning at 9:00 o'clock. He's had a long day also. Thank you. Joseph Strange: Is there anyone else is support? Okay. In opposition, we have Dorothy Hill. Dorothy Wood: Ms. Hill, would you please walk up the front and give us your name for the record. Dorothy Hill: For you and all of us waiting, Mr. Kahara. Dorothy Wood: Would you please give us your name for the record. Dorothy Hill: Dorothy Hill. Dorothy Wood: Thank you. Ed Weeden: Could you please pull the mic down? Dorothy Wood: Thank you. Dorothy Hill: Don't have much down here. I don't actually oppose the church. What I was going to say and to keep you from sitting here and having redundancy and so forth, Mr. Kahara has got all the details. That way we will eliminate one person. Dorothy Wood: Thank you very much. We appreciate that. Dorothy Hill: Thank you. Joseph Strange: Mr. Calvin Kahara. Dorothy Wood: Welcome sir. We're glad to have you with us. Calvin Kahara: Thank you Ms. Wood. Madame Chairperson and members of the Planning Commission, my name is Calvin Kahara. There is Masada Drive right there. Item #27 New Life Christian Fellowship at Providence Page 5 live in that house right there. I've lived there for 23 years. I would like to address two points with the Planning Commission. We had an excellent meeting. By the way, do I have ten minutes or three minutes? Dorothy Wood: Three. Sorry. Calvin Kahara: Okay. I have two points to address, both of which are addressed in our petition, which I would be very happy to pass amongst the Planning Commission, representing 86 of the 100 homeowners in the division. Number one, reiterating our position that we do not want the Masada Drive opened up. I will say no more about that because that looks like that has been concluded. The second area is that we strongly endorse the construction of an 8' to 10' solid wood fence along the north edge and along the east edge of the property in here with no access through to Birnam Woods Drive or to the church. And, it would ensure that church members do not park in the Bimam Woods subdivision to go to church services or any type of activities. While we support Condition #3 regarding parking lot landscaping. We also support Condition #4 addressing the maintenance of the 25-foot buffer of existing trees and calling for tree protection measures, they are not in themselves sufficient to provide the privacy and safety the residents are entitled to. As a matter of fact, a fence would improve the liability concerns that the church may have about people in that play area. If a child gets hurt over there or drowns in that sediment pond whose problem is it? It's the church. Much of the area _ where the 25 foot buffer now is and there really isn't much room for 50 foot buffer, the 25 foot tree buffer is some large trees, a lot of vines and easy access for people to get back through. It's not a defective buffer. Ed Weeden: Sir, can you wrap it up? Calvin Kahara: Yes. Attractive, well maintained fence exactly what St. Mark's Catholic Church on Kempsville Drive got from the Planning Commission a number of years ago. Dorothy Wood: Thank you. Thank you for coming and being so patient with us. I'm sorry, Ms. Anderson. Janice Anderson: So you all would like to see a fence there and back to 25 feet instead of 50 feet? So, you're fine with 25 feet of existing trees if there was a fence? Calvin Kahara: That's correct and the fence being on the church side of the trees. Janice Anderson: Correct. Dorothy Wood: Thank you. Calvin Kahara: Thank you. Janice Anderson: Not along the property line? Item #27 New Life Christian Fellowship at Providence Page 6 Calvin Kahara: On the church's side of the buffer. If there's a 25-foot buffer of trees and shrubbery, the fence should be on the church side of that buffer. Otherwise, they're going to contain the vines and the brush. Dorothy Wood: Thank you sir. We're having a little bit hard time understanding that sir. Ronald Ripley: They want you to put it inside the property. Dorothy Wood: Okay, in the property. Thank you sir. We understand. Thank you sir. Donald Horsley: Is that really what he wants? Dorothy Wood: I guess so. Janice Anderson: That is what he said. Along the property line. Dorothy Wood: Thank you. Joseph Strange: One other person. Kevin Fairley. Dorothy Wood: Mr. Fairley, it is good to have you. Kevin Fairley: My name is Kevin Fairley. I'm a Birnam Woods resident. I've lived there for a little bit over 11 years. And, I also agree. My large concern with the project is not with Phase I because Phase I stays up near the shopping center, primarily away from the residential area. Phase II, with the parking lot does encroach and get back next to the homes back in the Birnam Woods area. If they are willing to agree to the 50-foot buffer, I would not like to see that go away. I think the 50-foot buffer is not a treed wooded buffer. I think what they agreed to do is not put the parking spaces within 50 foot of the property line. And, not a 50 foot wooded buffer. Also, with the 25 foot buffer, I do not believe it's a full active buffer plantings but I think it would benefit that 25 buffer to see supplemental plantings to see either shrubs or something to come into that buffer because I believe once that lot is cleared that proceeding buffer is not going to be there because those homes now are facing an undeveloped piece of property with vegetation and other things but once that is cleared, I don't believe that 25 foot buffer is truly going to be 25 feet. The other area of concern that I have again is with Phase II. When the parking lot comes back similar to some of the things that you have discussed earlier, I would actually like to see the hours of operation that they have listed in the project put into the conditional area because this is a new use for the community. We have nothing to measure it by. We don't know the noise that they are going to generate. We don't know the traffic they're going to generate. We don't know if they have outside activities if there are going to be tents and amplified sounds or anything that might intrude upon the neighbor. Since this is a new use for the property, I think that would be fair to give us the protection so if we did call and they were exceeding their time frames when they were suppose to be running services, there would be something that they would be held to and Item #27 New Life Christian Fellowship at Providence Page 7 committed to. So, again, I don't have an over arching concern with the use of the property. I rather see that property used than vacant than not used waiting for an occupant. Dorothy Wood: Thank you sir very much. Mr. Royal or would you like Mr. Barnes? Thank you sir for coming back. Randy Royal: Address the concerns? Dorothy Wood: Please identify yourself? Randy Royal: I'm sorry, Randy Royal again, Engineering Services. Eight to ten foot fence, again, we'll do it if that is what you folks want us to do. Again, I would like for you to hear your Planning staff weigh in on that but if that's what you want that is fine. It will close off a nice open area that could be used by the community but they won't be able to access. If we do put in a fence I can't see any reason to supplement the landscaping because it will be behind the fence. It would be on our side. They won't be able to see it. There would be no reason to fill that in. Hours of operation, I really would not like to nail that down at this point. It just becomes something that we got to deal with. They don't intend to have anything. They have asked us over and over are you going to have tent revivals out there? Is it going to be loud? They don't have night services right now or morning services. There shouldn't be much going on other than Sunday mornings but it's their first facility. They operate out of a school right now. If they want to have an evening service at 6:00 o'clock in the evening, I hate to think that we had narrow down the hours to where they couldn't do that. They want to be good neighbors. They do not want to go in and be noisy and have you folks get a lot of complaints or having the Planning or Zoning Department get a lot of complaints. So, I think that one would cause us some grief. But the other, I put it back in your hands. Dorothy Wood: Mr. Royal, I don't think we cause you grief if we said no amplified music before 9:00 a.m. or 9:00 p.m. Randy Royal: No. Absolutely. Dorothy Wood: Just to be consistent. Randy Royal: That would be fine. Ronald Ripley: Randy, the issue of a fence. If you did a six-foot fence when you did Phase II, right now it's an open area. Phase II, you would have these facilities up there and everything. Would something like that make sense? Randy Royal: It's a good point. It would seem to make more sense because you're correct. Right now, there's not going to be nothing for hundreds of feet other than an open field in there. Quite frankly, I told one of the ladies outside here we did have about Item #27 New Life Christian Fellowship at Providence Page 8 40 people at the meeting but apparently there was still some people that couldn't make the meeting. She had offered, Ms. Willard, did I get your name right, to set up another meeting out in the street with those folks so they could all attend. If there are adjustments that need to be made or likewise on the fence, I truly had wanted to make as many people happy as I could. I had some people at the meeting saying that we want a fence, we got to have a fence and as the meeting broke up, other people who didn't want to speak up came up and said we would really like to access that field. I was torn. I wanted to make sure that we were doing the right thing. The petition has got two things on there. One about access to Masada Drive, which I think is unanimous. They don't want that. And then it has the fence. So, I don't truly know how many of them really want the fence. They may all want it. That is fine. We'll do it. But, I kind of put it back in your hands or we would like to move forward. Dorothy Wood: Would you let Mr. Barnes have the rest of your time? Randy Royal: Certainly. We'll meet with them again. Dorothy Wood: Thank you sir. Michael Barnes: Pardon for the interruption. I was talking to the pastor. I had spoken with the Pastor Dan Backens, the senior pastor, which has been a good friend of mine for 5 or 6 years, since we looked for land. I understand that you went through quite a marathon with the church prior to us. Some of the conditions that you were looking at were primarily not the law of the land necessarily nor something that I had imposed on any of the three hundred churches that I've done up and done the east coast. But, the restriction on amplified music coming from within their sanctuary primarily was a response by you all to a church. It must have had some problems. I won't cast any judgment on that. But in talking to the senior pastor Dan Backens, just prior to this he would prefer not to have stipulations on his place of business, which happens to be a church. It would have been easy to sit back and say nothing but they may have a service at 7:00 o'clock in the morning or at 8:00 o'clock. They certainly want to be good neighbors. But I feel that stipulation is coming partly from the fact that you had a difficult situation with the church before us. But again, I would ask you that at least consider the fact that hundred of churches that we've done and gone through Conditional Use in this great country of ours, we have not had anyone impose upon us when we didn't have a problem yet, an actual condition which meant you could worship with amplifiers in a certain period of time but within another period of time we're going to restrict that right. Dorothy Wood: I think Mr. Barnes that maybe amplified music is fairly new. This was not from the other church although the opposition has asked about the noise. This is why. Michael Barnes: I would see it as a real critical issue if we were right up against residences and I lived back in Little Neck and travel the Great Neck quarter quite often. I'm very familiar with that church and how they're surrounded really by residences. Item #27 New Life Christian Fellowship at Providence Page 9 We're really not. We're in a commercial industry. We've kept the building primarily because were attaching to the existing building. What did Randy say about 800 feet from the closest residence. They don't have a history of problems. We don't have 60 people in here complaining about a noise problem. We're just a church that has purchased a very expensive piece of property and putting a tremendous investment in it, well beyond many churches in our community and from what the pastor said to me we would prefer not to have restrictions on our worship at this time. Dorothy Wood: Thank you. Discussion? Sorry Jan. Janice Anderson: Actually, I'm satisfied with a 50-foot buffer that went for. I don't think I would support a change to put a fence in there because from what I'm hearing I think there is a disagreement on the fence. I think if you got a 50-foot buffer that is twice as wide that the City thought would be adequate. That could take in any concerns especially since that would only be in Phase II. I think a lot of that fencing is a fear that people would park over on the other neighborhood, which I think they have adequate parking once they do Phase II. I wouldn't put an extra condition on the fence. So far as a restriction to amplified music, I don't think we should start putting that restriction on all churches. Everything is a case by case and you look at each application individually. I know churches that I go to have a 7:00 o'clock and they have music there. So to tell all churches they can't have organ music at 7:00 in the morning or some type of amplification, it's totally different. That was a very modern church. I'm not trying to distinct between the two of them but if you want to put anything with that I would say any restriction for amplified music could be reviewed on an annual basis or something and not put any blanket restriction on this church. Yes, there are no problems and there shouldn't be any foreseen problems. I think the only one we had was this last church with the music because I think they have more modern technology that they're using. But, I would be in support of the application as it is with the 50 foot that they have modified and if you would like to put a restriction we would say that any regard to amplified music would be reviewed on an annual basis. Dorothy Wood: Thank you. Would anyone else like to say something? Ronald Ripley: I'll second that. Dorothy Wood: Was that a motion ma'am? Janice Anderson: That would be a motion. Dorothy Wood: And was that a second sir? Ronald Ripley: Yes that was a second. Dorothy Wood: Does anyone else have anything to say? Could we vote? Item #27 New Life Christian Fellowship at Providence Page 10 AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the application of New Life Christian Fellowship at Providence has been approved by the Board. Dorothy Wood: Meeting is adjourned. PETITION BIRNAM WOODS SUBDIVISION CEMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. 1 Signature Print Name Print Address Day Phone Number 0—t effrim« Dav Phone Number C ri / az Shia o,✓14&.124,ti%�-Ev 3�2 Print Name Print Address Day Phone Number Print Name Print Address Day Phone Number CJ Print Name Print Address Day Phone Number Print Address Day Phor a Number 6 Print Name Print Address Day Phone Number 1 Signature l� ig ure Print Name Print Address Day Phone Number Sinnah,re Print Name Print Address Day Phone Number Sp ature Print N me Print Address / Day Phone Number /'rw `Sign ure Print Name Print Address- Day Phone Number 1/Lsco nature p Print Name Print Address Day Phone Number A. 1l z sinnature. Print Name Print Address Day Phone Number Print Name Print Address�W Day Phone Number SFr?✓'� ,3�/Cz�''�o,��'� 'fir Print Name Print Address;PV I V,- Day Phone Nur6 er Signature Print Name Print Address Day Phone Number i 1,�,3-L 13,'Pnam 144js. Dc y2.4-.3s7 Lli�1 77JiOQ 163-5 blil fm e / D 3 7 i rro rn U)ocd5 '121-2-6- S-, ?rl o��r��,✓ /2 �-oc� l� Sr.,-�- L, �v 3 (� i3; .�,�,¢--. c.J.��s �;. Y Z� - 4Z. 2, �' 47Lj2rv•.P 1p Y( lS�4 w�,v�l L/L J ^ i 1 � . y'4,c. ; i�b /_i ✓nay... N � i , � ��-- . �V.yl ' _ 1.c � 1 (:. �1 j% !S-�vi �.Y>�c�S � .• 1, jc�::.•% — l� 653q /y� ' fe �/ e- / ' / v 6 /e 1061 33 - 013_.-_ PETITION BIRNAM WOODS SUBDIVISION (EMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. su3naturv/ Pri Name Print Address Day Phone Number - Print Name Print Address Day Phone Number Signatu a Print Name Print Address Day Phone Number Signa re Print Name Print Address { i q 15 i rrna ✓vl tirnl oo Day Phone Number a7� ignatVe Print Name 3 not Address f%ePaf-csz2l�� Day Phone Number Si Print Name Print Address Day Phone Number T I Signrat/u�re 1 / Print Name I I Print Address Se7arn Day Phone Number qZ SG�� d�4�1 CLC tTn� ����! ��nT7��i_ �o�o lii� Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number PETITION BIRNAM WOODS SUBDIVISION '4EMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. !f/o oA 5 Signature/Print Name Print Address Day Phone Number Signpre Print Name Print Address l `Day Phone Number -19�r%A 1%VRS �/ L �iQ�/9m Gi�oor�s !�/`- `I L , 7 G Si Print Name Print Address Day Phone Number I�L' 9�cn�-'G N �.. rcCcos 113= R(tZr� v- DR . 523 -S�t ej Signature Print Name Print Address Day Phone Number ,. �� ;� �Kn�" �oS��r /' ignature Print Name C T C0/Q(A4(5 r s 3 �t C'NA1�J lryi�� f a 5 Print Address Day Phone Number 1125 61k-fS41u 'ei70!�79V Sig atu e// Print Name Print Address Day Phone Number ' �l O rc r 11--2—.5 R-roam WoA/l_ yam^3� Signature Print Name Print Address Day Phone Number ' aLo5 `� Zq� Day Phone Number Signature U P "me � Print Address 160 b i "MWex Ly Print Address Day Phone Number Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number 5 f PETITION BIRNAM WOODS SUBDIVISION .CEMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. IIQ• qND nAi 13jK JAn 4Jo')ts1A • 2't-b �D Signature 4 Print Name Print Address Day Phone Number �3 -Vr�� Day Phone Number zL LZ,-/`� i_ �a % f ��ll SL/- �n �lir i. �', ✓ S"�J� - �f'Si� Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number J v=- t wfz� ! ►'I .0 Vic �-�•rty 'I'iGt71c°�� I (`;(� C" i� �!'flc�m (.�'�cx�S1�f', 5� 3`�( E: /I Signature Print Name Print Address Day Phone Number �''- • , �y'��(;n, � ��IX�IFV� �fr:� ` �i� w_ I (fin �. ��t�4�r ��OQ1�c ,1 ]IG i-k l 5-:2Cb 3 Signally i� Print Name Print Address Day Phone Number `U �eactQ-T le, cc _r s = i ct�o b�� �. �J�xSS ���• co Sig re IJ Print Name Print Address Day Phone Number - 2 ��rn IlA2�s^ C{ �JL(- J /-i5 Signature Print Name Print Address Day Phone Number Q th o4±, ; fl, Cf. Signature Print Name Print Address Day Phone Number Fred�y�r-ka�s� Sias-McH�P,�i��-,��y �f�-y-tizss` 1 Signal re Print Name Print Address uumber Day Phone N�/ p �/p � (� `�� ( P.CA�Ia / Y71{� �_v�- / 7Yh'��r`Z � J�i� Signature Print Name Print Address Y oNumber It�e/L P 5-413 e4f46� 4X 11- ,P Number Signature Print Name Print Address Day Phone jURV/, �t�—,1602)q -53RAALOA2 Z4L&-&k a-6 Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number "-6rq� .� ��L; (� P i; nQ �flrn�,na'� i I t 113frnum�trJS.D �. 4- J 4 If t Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number !� �.� : nsLv) ; PETITION BIRNAM WOODS SUBDIVISION CU .(EMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Birnam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. Signature Print Name Print Address Day Phone Number SigrtaturePrint Name Print Address Day Phone Number IJ r' r,,, 4 Ll `13 •y h y� Signature Print Name Print Address Day Phone Number 'i, o .y (�-k a CLJ; Lu C'rJL r l rn� 06 l Cu Zu� Si lure Print Name j Print Address Day Phone Number OASignature Print Nam^ Print Address Day Phone Number VI �. GO 6 ", �IZG - 94 3 Sigriature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number ignature Print Name Print Address n Day Phone Number DA PI Sign ure Print Name Print Address Day Phone Number /7 i Signature Print Name � Print Address Day Phone Number _�—lor, W � 3G1-9se(-J Signatures (( Print Name l Print Address Day Phone Number ,J Atovs S. y13 0A W4 8W 45i� yyG- Signature Print Name Print Address Day Phone Number 77 Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number PETITION BIRNAM WOODS SUBDIVISION KEMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. /L� a�` iYen�a. L-�yrs sod Glc r,;1 C-t' 99- :F3'j% Signature P ' t Name Print Address Day Phone Number C kab .r d_j L ewi `s s y nq -WaA4 « PAS-, 0- FK-73 7/ Signature Print Name Print Address Day Phone Number Ci_ qZ0-k973 Ci Signature Print Name Print Address Day Phone Number L2&4j�e I Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number zl'" y ignatu t Print Name Print Address Day Phone Number /3 LA, Lamis C a d q U Rinnati Print Name Print Address Day Phone Number ' 1 ,,�fi 3 l Ni s e it " -'5-7 (% ignature —Print Name Print Address Day Phone Number v � /I'�<e/C��� �/2C,•r� S"fG,F 6�9rvz�t c.,�l .�2© 128�' gnature Print Name Print Address Day Phone Number 7' y Signature Print Name Print Address Day Phone Number gnature ` Print Name Print Address Day Phone Number Signature Print Nam4 Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number PETITION BIRNAM WOODS SUBDIVISION KEMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. gt_� M �G LL✓Z 5 oy' /M �- b og ; -70 - 7 �Z s Signature Print Name Print Address Day Phone Number l v �'yeffe.�f�ioQhsan 5,la,(vlaSada d) V- _47ao-y��ss Signature Print Name Print Address Day Phone Number ignature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number l`Q`� a e ��la C`QGt6cid 4 �/ qJO �-6I & Si ,ature Print ame Print Address Day Phone Number /j (9hi/ler sada e�r 5.23- /a o'� Signature Print Name Print Address Day Phone Number «ySAhA 21C 367, gna ure rint Name Print Address Day/Phone Number Sig Print Name Print Address Day Phone Number 1/d1/-01Sa0 asocP, ign rec Wrint Name Print Address Day Phone Number • kVC/kA 45-40 MAzTAA+D2 366-og79 Signature Print Name Print Address Day Phone Number LI -1*- lu�PC � <fo � 7�?��A7OA _7 � 2 � 0 - � �/ a 3 Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number PETITION BIRNAM WOODS SUBDIVISION XEMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. E 7_ T6 A),e Zf-% nat r Print Name Print Address Day Phone Number V - ► erg :&4ot 3au`L-lbPr(US' DR fd=01 Signature Print Name Print Address Day Phone Number -4� - " ) r-,Ro Va:Ae4f 1D09 b rnaM �,la«% CJ 5a3-yz$(� Signature Print Name Print Address Day Phone Number �luL K'4:- LP17 \! ; 'nLAVvy 1005 rD i w �1u; n '✓V�J�i �r Sig tdre f1 Print Name Print Address Day Phone Number %nature Print k9me Print Address Day Phone Number /Signature Print Name Print Address % Day Phone Number �/ .�' /� . /! /GGc� !G%r�vNs�, I ,�ioa /Vf lfa. - L04a ignature Print Name Print Address Day Phone Number /s �'a rs a /x� ' Signature Print Name Print Address Day Phone Number Signature i Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number PETITION BIRNAM WOODS SUBDIVISION XEMPSVILLE DISTRICT #2 VIRGINIA BEACH, VA 23464 The New Life Christian Fellowship Church has requested a permit to construct a 1,050 seat sanctuary with accommodating parking spaces on the property located at 1244 Thompkins Lane. The plan also shows a future phase 2, which includes a sanctuary addition of 1,800 seats and parking spaces. This facility will be located adjacent to Bimam Woods Subdivision. THE RESIDENTS OF BIRNAM WOODS OPPOSE ANY AND ALL ACCESS FROM BIRNAM WOODS SUBDIVISION. IN ADDITION THE RESIDENTS REQUIRE THE ERECTION OF AN EIGHT (8) TO TEN (10) FOOT SOLID FENCE ALONG THE WEST AND NORTH END OF THE PROPERTY ADJACENT TO THE BIRNAM WOODS SUBDIVISION. THIS FENCE WILL BE SOLID AND WITHOUT ANY OPENINGS THAT CAN BE ACCESSED THRU THE BIRNAM WOODS SUBDIVISION. Signature Print Name Print Address Day Phone Number tom% /� , MAX MA- l �1AS I1 I (n �CA�, 4'1 AD6 Signature Print Name Print Address ray Phone Number l \van. �06(\rt/�ie US134'tyer) ��N-i mo\c,rn5 MA 3LAo--`M3-0 Signature Print Name Print Address J Day Phone Number Co di.>J e r 2& C. 11 S S-il i C I A- tit S 2 _7,/ Sign ure Priame Prini Address Day Phone Number `EnLll i2 C-0111n5 i `� 1 I / Day Phone Number ignature Print Name Print Address /l/ rW5*—'L '7 r Gl-4.41,15 CT Signature Print Name Print Address Day Phone Number 7 ay-�4- -p6 h;".�,. ( S: hI �c ," s�Z, a4." ey . yzy- V"/ Signature Print Name Print Address Day Phone Number CA-fh "Y ne K . �-%0 o I h(on i Sya/ X)17m;r tY, ya(l-9591 Signature . Print Name Print Address Day Phone Number �i S 5�25 �zjGrniS C�. 513-4k9 Signature Print Name Print Address gg Day Phone Number �&. �D� �trfyRy�1 }L'�n Y C are Signet (� Print Name Print Address Day Phone Number P�9S'7z Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Signature Print Name Print Address Day Phone Number Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Signature Print Name Print Address Day Phone Number Gpin 2409 10-2222 # I DATE IREQUEST ACTION 1. 4-23-02 Conditional Use Permit (church expansion- Granted temporary trailers) 4-13-99 Conditional Use Permit (church) Granted 8-25-98 Conditional Use Permit (church) Granted 1-28-97 Conditional Use Permit (church) Granted 2 3-24-98 Rezoning (R-20 Residential to conditional R-15 Granted Residential) and Conditional Use Permit (open space promotion) 3 12-12- Conditional Use Permit (church addition) Granted 00 12-19- Conditional Use Permit (child care) Granted 89 8-3-66 Conditional Use Permit (church) Granted 4 7-13-87 Conditional Use Permit (small engine repair) Granted 12-21- Conditional Use Permit (outside storage) Granted 87 ,c" Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Spring Branch Community Church — Conditional Use Permit (church expansion) MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of Spring Branch Community Church for a Conditional Use Permit for a church (expansion) on property located at 1500 North Great Neck Road (GPIN 2409102222). DISTRICT 5 — LYNNHAVEN ■ Considerations: The church has a Use Permit to construct a building with a total building area of 45,460 square feet; however, only 32,480 square feet has been constructed to date. The church is requesting an increase in building area of 21,871 square feet, for a total of 54,351 square feet, instead of the previously approved 45,460 square feet. The proposed construction consists of a 17,140 square foot atrium (fellowship hall) and theatre (youth education center); 2,254 square foot food court (social hall); and a 2,477 square foot chapel. Ninety-five additional parking spaces are also proposed. The church has outlined a three -phased expansion plan to be constructed as funding allows: Phase I: The first phase is a 2,254 square foot food court (social hall) to be added to the south side of the back of the building. The food court will be strictly accessory to the church, open only during church activities. In addition, a second story will be added to the existing education wing at the back of the building. The education wing was approved for three stories under previous Conditional Use Permits. Until Phase II is constructed, the food court area will serve as additional classroom space. Phase Il: The second phase includes adding the third floor to the education wing (as previously approved). An additional 95 parking spaces are shown on the plan at the very back of the lot. Phase lll: The final phase includes the addition of a 2,477square foot chapel to the northwest corner of the building. The chapel will be used for smaller services, ceremonies, or funerals and will have a seating capacity of 266. Spring Branch Community Church Page 2 of 2 There was opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-2 to approve this request with the following conditions: 1. The church expansion shall be constructed as shown on the site plan entitled, "Spring Branch Community Church Expansion" dated 6/27/03 by MSA, P.C. The site plan may be revised to meet requirements of City ordinances. 2. Any existing trees with a caliper of two inches or greater shall be retained in the new buffer area at the rear of the property. Additional vegetation shall be added to create the equivalent of a Category IV landscape buffer. A double row of Leyland Cypress trees shall be installed along the entire length of the northern property line. 3. The architectural design of the building additions shall be compatible with the existing building, and the colors and materials shall match the existing building. The height of the building shall not exceed 49 feet as approved by the Board of Zoning Appeals April 16, 1997. The Planning director, or his designee shall approve lighting within the proposed atrium. 4. The applicant shall use individuals trained for traffic control to direct traffic during peak periods of vehicle trips into and out of the site. This shall include all regular services and any other services, meetings, or group gatherings where attendance is anticipated to be over 500 people. 5. Amplified music shall be limited to the hours of 9:00 a.m. to 9:00 p.m. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Aecommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: S 11 �d cip, 104 - 211 - CUP - 2003 G BRANCH COMMUNITY CHURCH Agenda Item # 26 July 14, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Inforrnabon REQUEST: Conditional Use Permit for church expansion LOCATION: Property located at 1500 North Great Neck Road GPIN: 24091022220000 COUNCIL ELECTION DISTRICT: 5 — LYNNHAVEN SITE SIZE: 9.11 ACRES cpuft 2W9-10-, z SPRING BRANCH COM EXISTING The property is currently used as a church and is zoned R-20 LAND USE: Residential District. SURROUNDING • Single-family homes / R-15 Residential District with LAND USE AND North: Open Space Promotion ZONING: South: • Single-family homes / R-10 Residential District • One single-family dwelling on remaining portion of East: church property / R-20 Residential District • Across N. Great Neck Road, single-family homes / West: R-10 Residential District NATURAL RESOURCE AND CULTURAL There are no significant historical, cultural or environmental issues FEATURES: associated with the site. AICUZ: The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana. Summary , • The applicant agreed to a deferral of the request in November 2003 in order to try to resolve several concerns of the adjacent neighborhood. The adjacent neighbors presented the following issues to the Planning Commission as areas of concern: • The proposed increase in floor area and footprint of the additions and the decreased setback adjacent to the north property line -- The Conditional Use Permit approved in 1999 allowed a total building area of 45,460 square feet. The church is now requesting an increase in total building area to 54,351 square feet. This is a difference of 8,891 square feet in building area. The building footprint depicted on the currently approved Conditional Use Permit is approximately 49,000 square feet. The proposed building footprint is approximately 53,400 square feet. This translates into an increase of approximately 4,400 square feet of building footprint. The currently approved site plan depicts the closest portion SPRING BRANCH COMMUNITY CHURCH Agenda Item #.26 Page 2 of the building at 70-feet from the northern property line. The proposed portico will be 38-feet from the northern property line. • The noise associated with choir and band practice and with youth group socials --The applicant has submitted sound pressure level readings performed by Ambassador Enterprises, Inc. Sound readings were taken from the front, back and center of the church. The test was performed over a month period on Wednesday and Thursday evenings and Sunday mornings. According to the study the decibel levels did not exceed 64 at any time during the readings. • Increased traffic volume and inadequate traffic control during church services and events -- The church has volunteered to provide traffic management during peak periods of vehicle trips into and out of the site. Additionally staff has made that a condition of approval. • Poor maintenance of the church grounds and storm water management facility -- Staff inspected the site and found the maintenance of the landscaping and storm water management facility to be adequate. The church is currently approved to construct a building with a total building area of 45,460 square feet, but has only constructed 32,480 square feet to date. The church is requesting an increase in building area of 21,871 square feet, for a total of 54,351 square feet, instead of the previously approved 45,460 square feet. The proposed construction consists of a 17,140 square foot atrium (fellowship hall) and theatre (youth education center); 2,254 square foot food court (social hall); and a 2,477 square foot chapel. Ninety-five additional parking spaces are also proposed. The church has outlined a three -phased expansion plan to be constructed as funding allows: Phase I: The first phase is a 2,254 square foot food court (social hall) to be added to the south side of the back of the building. The food court will be strictly accessory to the church, open only during church activities. In addition, a second story will be added to the existing education wing at the back of the building. The education wing was approved for three stories under previous Conditional Use Permits. Until Phase II is constructed, the food court area will serve as additional classroom space. Phase II: The second phase includes adding the third floor to the education wing (as previously approved). An additional 95 parking spaces are shown on the plan at the very back of the lot. Phase III: The final phase includes the addition of a 2, 477square foot chapel to the northwest comer of the building. The chapel will be used for smaller services, ceremonies, or funerals and will have a seating capacity of 266. Major Issues The following represent the significant issues identified by the staff conceming this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the Comprehensive Plan recommendations for the area. • Visibility of additions from street and neighboring properties. • Potential impact to traffic generation during peak times. Coompprehensive"Plan The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. -Staff Evaluation SPRING BRANCH COMM Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The request is in keeping with the Comprehensive Plan recommendations for the area. Nonresidential support uses such as churches are desirable in and around stable neighborhoods. (2) The proposed additions are in keeping with the existing contemporary style of the church and complementary to surrounding uses. (3) The applicant has volunteered to provide traffic management during peak periods of vehicle trips into and out of the site. This is also addressed in Condition 4 below. Staff, therefore, recommends approval of this request. Conditions 1. The church expansion shall be constructed as shown on the site plan entitled, "Spring Branch Community Church Expansion" dated 6/27/03 by MSA, P.C. The site plan may be revised to meet requirements of City ordinances. 2. Any existing trees with a caliper of two inches or greater shall be retained in the new buffer area at the rear of the property. Additional vegetation shall be added to create the equivalent of a Category IV landscape buffer. A double row of Leyland Cypress trees shall be installed along the entire length of the northern property line. 3. The architectural design of the building additions shall be compatible with the existing building, and the colors and materials shall match the existing building. The height of the building shall not exceed 49 feet as approved by the Board of Zoning Appeals April 16, 1997. The Planning director, or his designee shall approve lighting within the proposed atrium. 4. The applicant shall use individuals trained for traffic control to direct traffic during peak periods of vehicle trips into and out of the site. This shall include all regular services and any other services, meetings, or group gatherings where attendance is anticipated to be over 500 people. 5. Amplified music shall be limited to the hours of 9:00 a.m. to 9:00 p.m. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. SPRING BRANCH COMM Agenda I r< CH -26 . 6,6 Supplemental Information Zoning History Gpin 2409-10-2222 # I DATE IREQUEST ACTION 1. 4-23-02 Conditional Use Permit (church expansion -temporary Granted trailers) 4-13-99 Conditional Use Permit (church) Granted 8-25-98 Conditional Use Permit (church) Granted SPRING BRANCH COMM IITY CHURCH nda Item .26 . Pei e, 7 1-28-97 Conditional Use Permit (church) Granted 2 3-24-98 Rezoning (R-20 Residential to conditional R-15 Granted Residential) and Conditional Use Permit (open space promotion) 3 12-12- Conditional Use Permit (church addition) Granted 00 12-19- Conditional Use Permit (child care) Granted 89 8-3-66 Conditional Use Permit (church) Granted 4 7-13-87 Conditional Use Permit (small engine repair) Granted 12-21- Conditional Use Permit (outside storage) Granted 87 Public Agency Comments Public Works Master Transportation Great Neck Road in the vicinity of this application is a Plan (MTP): six -lane divided major arterial facility. The MTP designates this roadway as a 120-foot wide right-of- way with divided travel lanes and a bikeway. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 305 ADT Great Neck Road 41,559 ADT' 49,300 ADT Proposed Land Use — 542 ADT Sunday — 2,179 ADT 'Average Daily Trips 2 as defined by 33,000 sq. ft. church 3 as defined by 60,000 sq. ft. church Note: Traffic Engineering bases trip generation for churches on the total area of the church, not just the sanctuary area or total number of seats. Therefore, due to the multiple facilities in the building, this estimate is somewhat higher than what is truly anticipated. SPRING BRANCH COM Public Utilities Water: There is a 16-inch water main in Great Neck Road fronting the property. This site has an existing one -inch water meter that may be utilized or upgraded. Sewer: There is an 8-inch sanitary sewer main and a 16-inch force main in Great Neck Road fronting the property. This site has an existing sewer connection that may be utilized. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: I A Certificate of Occupancy and Fire Code Permits are required prior to occupancy. Exhibit B -1 Currently Approved Site Plan k�» no i� 50 N ew* . a J � B s 4 w 51 ED� _ z wW V1w 2_ WOO i u r. Gt � �M1 t� Cla Z C) 52 {yt/r and pYOl/ JA3/�1 LY31rJ 1/1bt7N Exhibit B - 2 Proposed Site Plan 9 Exhibit C -1 Proposed Building Elavatien Exhibit C - 2 Proposed Building Elevation NouviridjumaaasalvNOWUR03 la s Gig V Hub ON ��g so .51 c � CIDas o 0 r tip v gX� V aU 9�m �1 ao jig S w a AS a U .. A* M:t <i434Z2 �.Y zx `•� O �# o V�� } r m g • $31' c n, a1� � � a $a a• 2 c '3 CL �Qy.; } Nc w m 3 L 1401101aff Jm9a UKOURN03 Exhibit D Disclosure Statement SPRING BRANCH COMMUNITY( Agenda l Item #26 Spring Branch Community Church Conditional Use Permit 1500 North Great Neck Road District 5 Lynnhaven July 14, 2004 REGULAR Dorothy Wood: Before our next item, which is Item #26, we have 20 speakers on this item. So we ask that you please, as we stated at the start of the meeting, please adhere to the three minutes rule except for attorneys for both sides who have ten minutes. Please be aware of what other speakers have said. We must insist that redundancy is limited. If the people who are going to speak can move forward a little bit more so that when we call your name it won't be a long time to get here. We would certainly appreciate it. Mr. Bourdon, will you please continue sir. Eddie Bourdon: Thank you, again, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. I know you all have heard this twice previously. I haven't been involved, but I think I did sit through part of it. I'm going to try not to repeat some stuff that you all have heard before. First of all, the application, I think, has been well reviewed by staff in terms of what it involves. This is a situation where an existing church, a church that was approved and has been in place before the residential neighbor to the north was constructed. There is already in place a valid Use Permit to expand the church. This is a request to modify that, to change the footprint of that expansion, a relatively small change, which is clearly summarized and correctly summarized in your summary proposal that Faith Christie has provided. The square footage of the additional area is about 8,000 square feet, and the footprint is in the 4,400 square foot range. The existing approved expansion is in this area here, not shown very well there, but shown better here. The area is outlined where the blue expansion is, and where the requested expansion goes. Essentially the rear of what you see up here, this area in the back is new, as is the small chapel, which is the height of 23 feet here in the front corner. Those are the additions. What was previously approved had an enclosed area that went up to 70 feet from the property line. We dropped that back to 50 feet, but we do have a covered portico. It's not enclosed space. It's where people are going to be dropped off out of the elements as people go back there to park which does go to within 38 feet of the northern property line, but that's not enclosed building area. It is just the modification of those previous plans that brings us here. The request to modify those plans has incited a great deal of conversation and discussion. Subsequent to the last hearing my clients, they have gone and they have spent considerable thousands of dollars in a new sound system. Having heard the complaints and concerns expressed not believing that the problem was egregious as some make it out to be, but the church did in fact put in a new sound system, and then retained AE Systems to do a sound study, which has gone on for two months on the property during the time of services and practices, weeknights and Sundays. That is all summarized in the reports that I have given to you. Item #26 Spring Branch Community Church Page 2 There is a map that depicts where these sound studies were done on the property. The first place was the traffic, which is in front of the church. Uniformly, those show the db level from the traffic on Great Neck Road. This is not out in the road. This is shown right on the map where it was done. It was done just in front of the church adjacent to the property line of the northern homeowners. The db levels at night were in the 70 range, and they dropped down as it gets later, as the peak hour traffic subsides on Great Neck Road it drops from the 70s down to the 60s. But in every instance they far exceed any of the db levels than the other three locations within our property where we did the noise/sound study. This is where the traffic study noise readings were taken. Here is the front, here is the center, and here is the rear. This is where we did the sound study. We charted those and graphed, and they are all in those reports. None of them before service, during service, the changes in the three areas between us, and the neighbors, range from 2 decibels to 4 decibels. All of them are in the 50s. None of them get above 59 dbs. The only place where they are above, again, is out there on the road or near the road where the traffic levels, the sound, the background noise is in the 70s and the 60s. No point in time during any services for that two -month period or practices do we have db levels that go above the 50s. That, along with what has been done with respect to the sound system in the church, we believe puts to rest the issue of there being a problem with noise. Now, our neighbors will come forward to beg and differ. The church is a good neighbor. The church has done, what it believes is necessary, that they're not being a bad neighbor, in that regard by spending the money and doing the sound study. In addition to that, we have agreed along our northern boundary to take out the landscaping that is there, in this section adjacent to the church and the homeowner directly to our north, and replace it with a double row of Leyland Cypress. The landscaping that is there now, some of it was maturing and growing pretty well but Isabel knocked a few trees out. So there are some gaps in there. We think with the number of issues that have been addressed to us, the church would prefer that we put matting down because we don't have any weed issues. We're going to beef up and do a double row of plantings there that will grow up much taller than the existing fences that are there. We also want to point out, because there was some discussion about it previously, had sent out some notices to all the members of the church, all the people who attend the church about the allegation that people cutting through the one lady's yard, who does not have a fence. We have been monitoring that and have been doing everything the church knows how to do. I don't believe that is any longer a problem, but we did have a meeting with the neighbors last week and discussed that. Again, I'm not going to put words in their mouths. I believe the church has done everything to make sure that was no longer a problem. I want to point out on Page 4 of your write up, the top of Page 4 where we are describing Phase II of this addition, there is a sentence at the top of Page 4 that says, the atrium area will have a theatre with stadium seating". That is no longer the case. That has been removed. The plans only involve a food service area for the church, an atrium classroom space, bookstore, library space, and fellowship space. There will be no theatre seating, which was in the previous application on our property, just classroom space, which is already approved in this area here. The building as I said before is 90 feet from the property line. The atrium is occupied, it's the section closest to the northern property line, it's about 70 feet back to where there is a second story bookstore area and fellowship area. Everything in between is just atrium, Item #26 Spring Branch Community Church Page 3 just first floor level nothing above first floor level. The atrium that is shown on our elevations is 27 feet high. The building is 45 feet high. All of that and I know you all very much aware of. The two things that the church has agreed to do is the landscaping that I just discussed. And, even though the church does not believe there is a noise issue that elevates to one of concern, the church has and is willing to agree to a condition. Not the condition that the staff put in your write up but a different condition. The first four are all acceptable conditions. The fifth condition, with regard to the limitation on the playing of music, the church is willing to agree that the playing or use of amplified music at choir or band practice shall be limited to the hours of 8:00 a.m. to 10:00 p.m. That is the limitation that they are willing to abide by, in addition to the other conditions that you have in your write up, the staff recommendation for approval. Noise, as we all dealing with the Navy is a slippery slope. But I think it is unavoidable when you sit down and you think about it, that our City is currently permitting the United States Navy, another arm of government to inflict noise on hundred of thousands of our residents at single event levels well over 100 db. We have AICUZ laws in place and restrictions in place that characterize 65 and below as being low noise areas. And we are allowing the Navy, at this point to dictate what people can do five miles away from the base, including a small community church on Salem Road, with their noise versus here you're attempting to tell a church that they can't play gospel music, that they can't do God's work with music within their building not outside at certain hours of the day. We think the condition that we are willing to voluntarily to agree to is a very reasonable condition, especially since we spent the time, effort and money to show that we don't have a noise problem. Certainly not one that rises to the level of the problem that some would try to make it to be. Secondly, we have an amphitheatre in the City of Virginia Beach that the City owns the property. There is a Use Permit that the City approved that allows the playing of outdoor music, amplified music that's decibel levels in the surrounding neighborhoods, which I had the privilege of helping and representing the neighborhoods back when the amphitheatre was approved, those db readings are in the 70s and above. They can play until 11:00 p.m. at night. Ladies and gentlemen, the condition that the church is willing to agree to and abide by is more than reasonable given all these facts and all these circumstances. There is no restriction on the church today. There is no restriction that if the church builds the building that they are entitled to build on the Use Permit that they have today. What is being sought is minor, and they have nothing to do with the playing of music, the amphitheatre, a small chapel and a food service area. The main area where the music is played, and you all have been to the church. It's not a typical church. It's a modern facility in that area is where the music is played. None of this has any impact on that whatsoever, yet the church is willing to be a good neighbor, and with this application and with the conditions they agreed to, we believe they are far proving themselves to be good neighbors. Dorothy Wood: Thank you. Eddie Bourdon: Thank you very much. Dorothy Wood: Are there any questions for Eddie? Ron. Item #26 Spring Branch Community Church Page 4 Ronald Ripley: Eddie, you said in the atrium, you're going to remove the stadium seating? Can you explain that further please? Eddie Bourdon: Well, as I understand it originally the plans included like a college classroom situation on the second floor that involved stadium seating scenario, which was going to be in the area here. This building can be expanded up to three stories. It was included in that, plus the area in the new expansion together is where that stadium seating is going to be. It's just going to be typical classroom space and an open area on the second floor about 13 feet in the air where there will be a bookstore and an meeting area, and not an enclosed classroom. Ronald Ripley: So the addition is classroom. Explain that? Eddie Bourdon: Primarily it is an atrium area in this area here, food service in this area here, and then classroom space in the back where we're going up three stories. That classroom space is your typical Sunday school classroom not stadium seating. Ronald Ripley: Music events and assembly type events? Where do they occur? Eddie Bourdon: The space would be an auditorium that is located in this area here. It takes up the vast majority of the existing structure. The music is played in the area of the south side and broadcast, if you will toward the north. It's an auditorium. Ronald Ripley: Okay. Dorothy Wood: Will. William Din: The building material on the atrium is that still glass? Eddie Bourdon: Yes it is. Glass and steel. William Din: So on that side of the building where the atrium is, it's going up 27 feet. Eddie Bourdon: That is this area here. The existing plans to be modified, also has an atrium as well. It's a little bit wider and longer. That atrium does not internally open up to the auditorium. There is just a wall between that and the auditorium. William Din: And there is no music in that atrium any longer? Eddie Bourdon: Well, there will not be the music that we deal with at the service. There is always the potential that you may have some event where you might have acoustical music. You may have a reception or something of that nature where there might be some music that is played in the atrium, but it is not the music that we are dealing with in regard to the services. It won't be in an area where the band or the choir will be Item #26 Spring Branch Community Church Page 5 practicing. There might be a reception or something of that nature where there might be music playing. William Din: Okay. With the reception are you speaking of amplified music? Are you speaking of a band in there? Eddie Bourdon: No. If you have like a wedding reception for instance, we all have pretty much been to lots of weddings and that's the type of situation that could very well take place in the atrium. There might be a wedding reception and there might be music played there. It's music for an audience that's mingling type of situation and not services that they play on occasions. William Din: Okay. The condition that you are objecting to, I guess is Condition #5? Is that the one? Eddie Bourdon: Condition #5, the restriction of the use and playing of amplified music from 9:00 a.m. until 9:00 p.m. is not one that the church can nor will be accepting of. They have Sunday services that start at 8:00 a.m. They have practice. Their evening services are over before 9:00 p.m., but they have practice. These are people who give their time, and all of our work schedules these days are very busy and not always in our control. But a group of people together to practice there needs to be flexibility. Sometimes there has to be. Practice would be over at 9:00, but the church isn't going to sit here and agree to a condition that says we'll be done at 9:00 p.m. and violate it if they have to have practice go until 9:30 or 9:45 p.m. William Din: Currently it says choir and band practice shall be limited to the hours of 9:00 a.m. to 9:00 p.m. You're saying that there will be no amplified music when? Eddie Bourdon: 8:00 a.m. to 10:00 p.m. Practice takes place or whatever. I'll read it to you. William Din: I'm not sure what you are trying to state here. Eddie Bourdon: Okay. Give me a second. The wording that the church is willing to agree to is the playing or use of amplified music at choir and or band practice shall be limited to the hours of 8:00 a.m. to 10:00 p.m. In other words, prior to 8:00 a.m. or after 10:00 p.m. there can't be no playing of amplified music either at a choir practice or a band practice. If choir has practice at 7:00 in the morning and doesn't play amplified music, no one is ever going to hear it. The amplified music is the issue. At least that is the issue with our neighbors. We are trying to be good neighbors with this. We don't believe it's an issue to begin with. We believe we have shown that to be the case. For the sake of discussion and an effort to be a good neighbor, we are agreeable to that condition. Dorothy Wood: Eddie, I believe that you and I talked about the amplified music. I believe the neighbors don't want any music at that hour. I know I like to sleep on Sunday Item #26 Spring Branch Community Church Page 6 morning. Is there anyway, any compromise on having no amplified music at the 8:00 a.m. service? Eddie Bourdon: No ma'am. Dorothy Wood: Thank you. I just wanted to get that out. Eddie Bourdon: I'm going to be direct. We had all those discussions and not just you and I but the church elders and pastor. This is nothing that the church has taken lightly. The church has worked diligently and in good faith to try and make sure that they were not being a problem and at the same time to try to be reasonable. There is nothing on the books in the City of Virginia Beach that says that people can't cut their grass at 8:00 o'clock in the morning, play their stereos at 8:00 o'clock in the morning, that traffic can't go up and down at 8:00 o'clock in the morning, and kids can't play outside. The db levels that were talking about are in the 50s is less than the conversation that we're having here today. So, the answer is the church is not amenable. Dorothy Wood: Thank you. I heard you. What about in the atrium, they can do the same thing in the atrium. They could play music in the atrium at 8:00 o'clock in the morning. You mention that the atrium the sound would be louder because of the glass. Eddie Bourdon: No. I didn't mention that at all. Dorothy Wood: I thought you did. Eddie Bourdon: No. I absolute didn't mention that, and I don't believe that to be the case at all. The atrium is not designed for services. The atrium is a fellowship area. The question that Mr. Din asked is that we would not be suggesting to have services in the atrium but to suggest that there wouldn't be amplified music played in the atrium at any point in time, again a wedding reception is the thing that comes most to mind. Dorothy Wood: That wouldn't be at 8:00 a.m. Eddie Bourdon: That's right. It wouldn't be 8:00 a.m. That's exactly right. Dorothy Wood: That is what I was asking. Are there any questions? Mr. Waller. John Waller: Under the acoustical study, were any of those readings done while the band was playing? Eddie Bourdon: They were. We did readings prior to the commencement of services, prior to the commencement of practice, and then during services and during practice when the band was playing. That is why you see the slight increase in those db levels from the low 50s to the mid 50s and one or two instances from the mid 50s to the upper 50s before practice and during practice or before service and during service. That is Item #26 Spring Branch Community Church Page 7 exactly when all of these were done is the nights when there were practices and nights and Sunday mornings when there were services. This is not a school. This is just a church. There is no school issue here. There is music you can hear from the marching band at Cox High School, the marching band from First Colonial High School. You hear them. Here's a situation where these db levels are dominimous in terms with the knowledge that we all have and having been dealing with the Navy now in this issue for quite some time. These are onetime events. These aren't average day/night levels. Your average day/night levels would be down in the upper 40s to low 50s. These are single event noise that we're measuring here and it's all in the 50s. Dorothy Wood: Kathy. Kathy Katsias: Mr. Bourdon, would the church object to having a restriction as far the cut off in the atrium, as far as any receptions or weddings? Eddie Bourdon: I don't think that would necessarily be a problem. If you have receptions here they're going to be. Kathy Katsias: Twelve or one o'clock. Eddie Bourdon: I don't even know that. I couldn't speak to that one. Kathy Katsias: I don't know. I'm just asking a question. Dorothy Wood: Would you ask and find out. Eddie Bourdon: I'll discuss that with my clients. Before I forget all those folks that are here that are supporting the church on this application, would you all please stand. Thank you all very much. Thank you for coming. I almost forgot to do that. Dorothy Wood: Mr. Strange. Joseph Strange: I have a question. Of course I just got this before the meeting started here, but when you did the measurements here you said the front of the church, the side of the church, the back of the church, I mean somehow I missed out here. Exactly how far away from the church was this done? Eddie Bourdon: If you look on the very last page of the study and this was actually provided to staff many weeks ago. I was under the understanding that they had been provided to you all, but I was being redundant. There is a map on the very last page. On that map there are four blue dots that show exactly where those measurements were taken, which is in the landscaped area adjacent to the rear of the homes that abut our northern boundary. The one that says traffic measurement on all the graphs, that's the "T", then there is the front of the church measurement, that's the "F", the center of Item #26 Spring Branch Community Church Page 8 church measurements on the graph, that's the "C" and the back of the church measurement on the graphs is the `B". Joseph Strange: Just to keep me from having to look this up real quick, how far are those from the church building? Eddie Bourdon: They are approximately 90 feet from the church building. Joseph Strange: Ninety feet. Eddie Bourdon: And within approximately 25- 45 feet from the rear of the homes that abut us on the north. Joseph Strange: So there is still another 25-30 feet buffer after that? Eddie Bourdon: To the back of their homes there would be 25-45 feet because the homes are not uniformly to the back of their homes. We took them essentially on the property line adjacent to the homes to the north. Joseph Strange: Is there any kind of study that shows how much it drops per foot? Eddie Bourdon: No. The gentleman who did the study is here. He might be able to answer that. Given the information that this provides and supports, the numbers are so low that we didn't feel that was necessity. Joseph Strange: Thank you. Dorothy Wood: Are there any other questions? John. John Waller: The addition, you're asking for how many additional square feet of what was approved over sometime ago? Eddie Bourdon: Useable space, I believe it is 8,800 square feet. That's on Page 2 of your write up. The building footprint addition is only a total of 4,400 square feet but the usable is 8,891 square feet, which works out to an increase in the teens, in terms of percentage. John Waller: How many additional people will this accommodate if you add this 4,400 square feet? Eddie Bourdon: It really isn't going to accommodate any additional people. That's the beauty of this. What it is really for is to provide the food service area and the fellowship area, the other areas that are being expanded and let me back. If you're asking how many it will accommodate above what has already been approved the answer is there is none. Okay. But what's been approved and not built there is an additional accommodation IMP111 .- ► .'l Spring Branch Community Church Page 9 because the approved and not built section includes classroom space on the second and third floor addition that will go in with these improvements. The additional 8,800 square feet is just for food service area and a small chapel in the front where there would be funeral services held and weddings. This will be more of what you find in a typical religious institution building where as what's there now is again a modern auditorium. That's for a special kind of service, a smaller service. The rest of the addition is just making the atrium, which was already approved larger. Food service, a little larger atrium, and the chapel are the only additional square footage were asking for. John Waller: There would be no increase in traffic. Eddie Bourdon: No. Not with the additional modification. There would be again with what's already approved and that includes classroom space. There would not be any area that's being created which was in the comments before. There was concern that this stadium seating in this large classroom would be a second area where music would be played. We're not building that in this plan at all. It's not in there. So, we make it clear that the music and the main stage that exists today in the auditorium that is where music will be played for services. Dorothy Wood: Are there any other questions? Thank you Mr. Bourdon. We appreciate it. Do you want to hear the opposition? Joseph Strange: We have some people in support. I was just wondering if anybody had anything new. I know most of them stood up in support but some of you. Was there anything new that anyone had to add? Eddie Bourdon: There are a number of people with the church who have signed up to speak, who have information to provide that is different than the nuts and bolts that I talked about. Dorothy Wood: Thank you Eddie. Joseph Strange: Okay. Have you got that organized as to who wants to speak first and I can just pull them out here, or do you want me to call the names? Dorothy Wood: Just call them off there. Joseph Strange: Okay. Bud Satterwhite. Dorothy Wood: Welcome Mr. Satterwhite. Remember, we have three minutes. Bud Satterwhite: Three minutes. Dorothy Wood: Yes sir. Bud Satterwhite: Thank you. My name is Bud Satterwhite. I've been a member of Item #26 Spring Branch Community Church Page 10 Spring Branch since it's inception eleven years ago. I served on the executive committee, the building committee, and I've been campaign chairman for all the campaigns. Before the church opened its doors, my house served as a meeting place for the middle school and upper school students nearly every Sunday night for eight years for bible study and fellowship. My wife and I would prepare dinner for church member's kids, and they would bring their friends from different schools throughout the City. I would like to think we are providing something special Christian fellowship for teenagers who may otherwise been involved in unwholesome activities on a Sunday night. We seen these kids grow up to be fine outstanding individuals, one of them being my own daughter who is was married this past Saturday. We would have as many as 40 teenagers out and around the house with amplified music, kids coming and going. Kids do make noise. We've never had one compliant from any of the neighbors in North Alanton, and they certainly care about their property and quality of life as much anyone else. We care about children as all churches do. We know what an active youth ministry can mean in the years of a child's life in today's culture. When you're trying to pull in unchurched children, teenagers and young families to hear the word of God, you don't necessarily do it in today's culture with organ music as they did when I was growing up. Spring Branch is a non -denominational church and one of the rapidly growing network of churches that appeal to unchurched families who left church long ago because it was not relative to them. We use a medium of our culture, which is, contemporary drama, video and contemporary music. Some rock music, country, jazz, and classic chamber music. Whatever it takes to appeal to young families in getting the message across. Most churches amplify their music whether it's a guitar or an organ. My daughter was married this past Saturday at Bayside Baptist where the houses are just as close the front door as the church is at the Reserve. When those doors are flung open from Mentleson's Wedding March, I'm sure those folks here that organ, which was cranked up pretty loud. That church is also in the midst of a building program, that will double their size but not their sanctuary just like Spring Branch. In a residential community, they got approval but they've been there 4 years. We have only been there three years. Ed Weeden: Sir, you have to wrap it up. Bud Satterwhite: We just ask this Commission not to place restrictions on our church that you wouldn't place on any other local church. Thank you. Dorothy Wood: We wouldn't Mr. Satterwhite. Thank you. Joseph Strange: Bob Widener. Dorothy Wood: Welcome Mr. Widener. Bob Widener: Thank you. Madame Chairman and Planning Commission members my name is Bob Widener, and I live at 675 Thalia Point Road in Virginia Beach. My wife and I have been members of Spring Branch for about eight years. Since that time the church was about three years old. We witnessed the growth of this church go through an Item #26 Spring Branch Community Church Page 11 phenomenal growth spell from a couple of hundred adults meeting on Sunday morning, when we started meeting at the Art Center, to currently a couple of thousand adults meeting at our church there at Great Neck Road. I'm going to hesitate here a minute. I don't want to repeat things the youth ministry as part of our church is an extremely and vital part. It's not uncommon to hear parents talking with different parents. They actually start coming to Spring Branch at the urging of their children due to the youth programs that are in place there. In jest, I think we all have met that as parents we spend a few couple of years of a child's life telling them to walk and talk and then we generally spend the next 16 years to shut up and sit down. At Spring Branch from toddlers to college the youth are once again given the space in which to express themselves along with the care and discipline of very loving and dedicated mentoring leadership staff. I've had the privilege of serving as the chairman of the building committee of Spring Branch since the inception in the latter part of the 1990s. We were fortunate enough to build the building that we have now and had our first service there on Christmas Eve of 2000. The request before you today is a new generation of a site plan that was approved by the Planning Commission in 1997 and as with an entity, as we've grown and matured as a church family, we have better come to understand our needs. So, I would just request you approve this request without any limitations other than those we have agreed to. Thank you. Dorothy Wood: Are there any questions of Mr. Widener. Mr. Widener, you wouldn't be willing to go with the hours that staff has requested as chairman of the building committee? Bob Widener: No ma'am. Dorothy Wood: Thank you sir. Joseph Strange: Lauren Roberts. Dorothy Wood: Welcome Ms. Roberts. Thank you for coming. Lauren Roberts: My name is Lauren Roberts. I've been attending Spring Branch for the past 10 years. We've been open for eleven so I've been with them for the majority of the time. I'm eighteen, so I guess I started when I was eight years old. I've always been the one who wakes my mother up in the morning, and we have to go to church this morning. So, Spring Branch has definitely been an important part of my life. I don't know how many eight year old kids beg their mom to go to church, but I was definitely one of those kids because Spring Branch's atmosphere is awesome. And definitely the music, no matter how loud it is, the music is definitely is a large part of Spring Branch. I'm a youth leader at Spring Branch for the middle school kids. They've given me an opportunity to use that I could not get from school. I mean you can't lead middle school kids when you attend high school or anything. I've been a middle school leader for the past three years. My relationship with the kids and the other leaders at Spring Branch are definitely going to be long lasting. I know that they'll be there through my college experience and Item #26 Spring Branch Community Church Page 12 through the rest of my adulthood, when I grow up. Unlike any youth programs, ours is definitely a large part of Spring Branch. They definitely include the youth in their decision -making. The head of student ministries always comes to me and other youth leaders, asks us our opinions on what's going on in the planning. That's really cool. You can definitely bring your friends to youth group that you would never see at church, ever. The kids that could never do their normal teenage activities that are not worshipping the Lord, you can definitely bring them to youth group. They enjoy themselves, and they have a lot of fun. Spring Branch is big into the arts, music, and drama, and we always have a movie clip in the morning. Our graphic designers are awesome. Spring Branch definitely doesn't have that "churchy feeling". It's definitely very modern. It has definitely been a large part of my life, and I would definitely request that you guys support it. Dorothy Wood: Thank you so much. Are there any questions for her? Thank you so much for coming. Lauren Roberts: Thank you. Joseph Strange: Joseph Caldwell. Dorothy Wood: Welcome Mr. Caldwell. Joseph Caldwell: Thank you Madame. Thank you Commissioners. I'm Joe Caldwell. I live at 3435 Marabou Lane in Virginia Beach. I've been attending Spring Branch since 1998. I've been working with high school students since 2000. I've heard a lot today in listening to the other issues that have come up about the betterment of Virginia Beach and taking the City into concern when your doing the planning. The youth program at Spring Branch, in general are positively impacted in Virginia Beach and a good portion of the world. As we sit here right now, there is a team of middle school students in Winchester that are rebuilding homes for poor people. Right now. There are students that have just come back two weeks ago from Kentucky where they were rebuilding homes from poverish families there. In two weeks, there are a group of kids going to Nicaragua that serve orphan children. Spring Branch is a place that's safe. You can be yourself. You can explore faith. You can explore life, and you can be accepted. It's a place where youth are finding that. It's a safe place for them. That's a good neighbor. Thank you. Dorothy Wood: Thank you sir. We appreciate you coming. Joseph Strange: Amanda Phillips. Amanda Phillips: Hi. My name is Amanda Phillips. I've been going to Spring Branch Community Church for about 3 1/2 years now. I don't want to be redundant, but a lot of things that Joe and Lauren have said really apply to my life. I've been going there because it is unlike any other church that I've been to. It applies to people who wouldn't Item #26 Spring Branch Community Church Page 13 regularly go there. It's a place where I enjoy great community of people, fellowship and faith. It's had a tremendous impact on my life. I just wanted to say that God's work is being done through all the things that are going on mission, relationships. I thank you for your time and ask that you please to support this. Dorothy Wood: Well thank you for coming. Are there any questions? Thank you again for coming. Joseph Strange: Okay. Judy Hamann. Dorothy Wood: Judy Hamann? Unknown Voice: She left. Dorothy Wood: Thank you. Joseph Strange: Channing Pfeiffer. Dorothy Wood: Welcome Mr. Pfeiffer. Thank you for coming. Channing Pfeiffer: Thank you Madame Chair. Commissioner members, my name is Channing Pfeiffer. I'm proud to say that I've been a resident of the City of Virginia Beach for 23 years. I currently reside at 100 Embassy Court. On December 12, 2000, I purchased and moved into a home in the Reserve on Souvrain Lane. As you know, Souvrain Lane backs up to the church at the old farm house. At the suggestion of several friends who know that I was going to be at the Reserve, I attended a Christmas Eve service, which was the first service that was conducted in that building. When we arrived at the church it was full and we ushered down to the last seats available. The service was about 10 minutes late getting started because of the standing room only crowd and others who were still coming into the church. About that time, my son 15 years old Jeff said, "dad, we're suppose to start at 5:00 o'clock, it's 5:10", I'm out of here at 5:30. I want to hang with my friends for awhile". So, at that point my stress level went through the ceiling. We were still in the process of moving in and trying to do Christmas shopping, the whole nine yards. So, I said a quick prayer telling God that in the midst of all this confusion I got my son and daughter to church and now it was up to him to keep them there. About that time the curtain went up and a hour and 20 minutes later, my son was still in his seat with his mouth opened, mesmerized as were 1000 other people who attended that first service in this church. It was a Kennedy Center quality performance. Since that time, I've been an active participant and supporter of Spring Branch Community Church. I found it to be an inspiration in my life. Jeff was active in a number of school activities, playing on the First Colonial High School football and soccer teams. Those high school years, as you know were tough years for all parents because kids are exposed to alcohol, drugs, sex, etc. Fortunately, in the midst of all this, my son met Scott Hamilton, a Virginia Beach Young Life Director, also a member of Spring Branch Item #26 Spring Branch Community Church Page 14 Church. And because of Spring Branch, Scott and Young Life, my son did very well during his high school years and didn't veer off as some of the others do. Ed Weeden: Sir, you need to wrap it up please. Channing Pfeiffer: Spring Branch as experienced extraordinary growth for one simple reason. It is relevant. It teaches and shows people how to lead their life and do God's will and love in the 21St Century. This is evidence by the fact that over 3000 attended this service. In the two years that I lived on Souvrain Lane in the Reserve, I never experienced any problem with the church and so it as an asset to our subdivision. Dorothy Wood: Thank you sir. Channing Pfeiffer: Thank you. Dorothy Wood: Could you go back to the site plan so we can see where he lives please? Would you use the pointer sir? It's right there. Sir, you can just stay right there and point it. Thank you. Channing Pfeiffer: I think this is my house. Either this one or this one. Dorothy Wood: We're getting an idea. Thank you sir. Channing Pfeiffer: Sure. Thank you very much. Joseph Strange: The next speaker is Gene Loving. Dorothy Wood: Welcome Gene. Gene Loving: Thank you. Madame Chairperson, Commissioners and our good neighbors at the Reserve, I've been involved with Spring Branch. Dorothy Wood: Would you introduce yourself. Gene Loving: My name is Gene Loving. I've been attending Spring Branch for about 8 years. I've been involved with the original local business people that helped acquire the property. I've been involved in the original permit process. I'm still on the building committee. We help raise the money to build the church. And so all of these issues are issues that people in the business community that attend this church certainly have at the top of their list. The issues that have been raised by people who very legitimately want to make sure that their homes and their communities are protected. I think also you've heard people say, and I agree with this as much as anyone who spoke in here today, that the local church is very important. It is as important as anything that goes on the local community. And, certainly we are very excited about the success of this church. We don't want to do anything other than to be a good neighbor. I've been in an industry that has dealt with amplified sound for the last 40 years. I think the sound issue we have Item #26 Spring Branch Community Church Page 15 addressed professionally. We've given you the measurements. I really don't believe there is a sound issue there. The other thing that I would like to emphasize is everything that we're talking about we can do right now in the glass atrium that exists at this church today. We have wedding receptions. We have small combos that play for these receptions. There are no restrictions, and I hate, personally to see us to have to agree to any restriction in order to obtain this permit to change the footprint by approximately 15 percent. Personally, I don't think we should have to agree to any time restriction. I think the church voluntarily saying this is more than I would have personally agreed to do. Because there will be no change as to what we can do on the property from what we can do right now or was originally planned six years ago when we got the original construction permit. We're talking about, like Mr. Widener said, changing the configuration to better accommodate those people who are already coming to the church. Thank you very much. Dorothy Wood: Thank you sir. Joseph Strange: The next speaker is Bart Cardea. Bart Cardea: I'm the consultant. Joseph Strange: Okay. That concludes all the speakers that have signed up for support. The next speakers will be opposition and again, the same rules apply. You have one speaker who can present your case and then each other person is limited to three minutes. So, have you selected a spokesperson? Michael Goodove: Yes, by default Joseph Strange: Stand up and introduce yourself. Michael Goodove: My name is Michael Goodove, and I'm a local attorney. I'm a life long resident of Virginia Beach. I also live in the Reserve, and I live at ground zero, right behind it. Dorothy Wood: Thank you sir. Michael Goodove: I got some stuff, and if I could hand out to the Commission, it might streamline my argument and opposition as well as kind of consolidate some of the issues for you. I think it's important to state that we do not oppose the church itself at all. Many of my contemporaries, close friends and contemporaries that I socialize with on occasion, as well as family members attend Spring Branch Community Church. We, the neighbors behind it are not opposed to what they're doing. We think it's a wonderful thing they're doing over there. But I think what is important to understand is that living there is a rock and roll band that they have with a full drum set that plays. And, the base noise can be heard in my house, in the front of my house where I have a two year old infant, and I have three children who live behind there. But I think the important thing is Item #26 Spring Branch Community Church Page 16 that City Council, and you all when you approved, and it has been mentioned anywhere, but when you approved the last Conditional Use Permit, there were renderings that were conditioned upon the approval. Those are not in your packet. I don't think anyone has really seen those. I think its glossed over a bit. I think when Mr. Bourdon was talking, with all due respect to Mr. Bourdon. Because the elevations that were approved in the last approval by City Council. It is important to know that I have lived there before the church began developing. But although the neighborhood and all the opponents are coming from were not there. The Reserve was being developed at that time and was being developed by Mr. Decker. The lots were not turned over to any of the people that purchased it. So, we were not here to oppose it because we were not land- owners, and did not have any specific notice at the time. But if you look at the plans that were approved on the elevations, the elevation facing the neighborhood is entirely different. What's being approved now is a tremendous glass atrium area that directly faces the neighborhood. In meetings with the church, we've asked them to move that to the back facing the parking, which would give them the same light exposure. They're not willing to do that. That is a major concern because this building you can hear the noise. If you look carefully at the sound reading report that has been submitted to you, I'm not a sound engineer, but the readings were taking during two months. March and April of this year. They were taken when the church knew they were taking the readings. Well, the weekend that is omitted is Easter Sunday. You look at that report, there were readings taken every Sunday, but yet on Easter Sunday the busiest and perhaps the loudest service there are no readings, a lot of those readings at times when the band is not playing. The band plays at very beginning of the service and usually at the end. The band with the percussion instruments, the noise is differentiated from the ambient noise so you can hear boom. Our point in all this is if you approve a structure that wasn't approved before with respect to the glass atrium, our concern is that your going to have significant noise levels ammoniating into the neighborhood. There are no restrictions on those noise levels. The noise levels were not taken during a concert that was held and tickets were sold too. And, we provided a video last time, a video of how it appeared as well as the noise levels. As recently as four weeks ago, Cape Henry had an overflow graduation there. There were tour buses running and parking behind the neighborhood. The readings weren't taken then. And the readings were not taken during day camp activities when loudspeakers were used outside. So the readings don't really accurately depict the noise, and you'll hear from some of the members of the community that hear that noise. Also, the person that took the noise readings, and it is not disclosed in the report, attends services there. That was not included in the report. We learned that when we saw the noise readings for the first time about two weeks ago. But our main concern is with the changes in the structure, the glass atrium they are going to have wedding receptions there, as they should. They are going to have events in there with bands. I would suggest that issued is probably the band that plays at their services. Amplified or not amplified, you have a drum set there. You have loud instruments there. This report does not look respectively at how the noise is going to be. It's merely talking about statistical readings that were taken, and there is nothing contained in the report that addresses any additional noise that we would feel, as a neighborhood, once if this glass atrium is approved. And sure, I think everyone would agree that glass is a much more insulator of sound than the Item #26 Spring Branch Community Church Page 17 current brick structure that's out there. You can hear with the brick structure. We also like and we talked to the church and it was not agreed to but we would like a brick wall, if it is approved, a solid brick wall with heavy landscaping on the church side to prevent people from wandering from the church into the neighborhood. We recently had vandalism unrelated to the church itself. I can guarantee, that but there are open areas between the church, which is not a residential area. It's a church use area that is being used as a parking lot. People are driving back there late at night. Who knows what is going on back there. We asked them to do a brick wall with heavy landscaping. They're not willing to do that. Not willing to accept the noise restrictions that the staff planner put on them. And, our concern as a neighborhood is once Spring Branch, and we believe they've outgrown the space that they sit on, but once they outgrow the space and they leave, once this has been approved there are no guarantees as what comes in there. There are many other churches in the area that attract a lot of noise, having other uses independent of church, whether it be Bingo, which a separate permit would be required, or other events going on out there, or overflow graduation events, or the reception hall being rented out for activities to support the church that we would not be able to control. While the intent of Spring Branch is true and honest, Spring Branch may not always be our neighbor. But that facility with the glass facing the neighborhood, and this is s two- story structure, it's going to have light intruding on the neighbors. It is going to have noise intruding into the neighborhood that is over and above what we already have and would submit is not accurately represented in the sound readings that you received. Is there any question specifically that I can address? Dorothy Wood: I have a couple of questions sir. You mentioned the noise, but do you hear this at regular services, or do you hear it, like you mentioned at special events that I think every church has like Vacation Bible School, or do you hear it in your neighborhood like 8:00 o'clock or 10:00 o'clock church service. Michael Goodove: Sunday morning practice is anywhere between 7:00 — 8:00 o'clock, and we do hear the band playing. I went out there this last Sunday and you may not have high sound levels but you have the differentiation of the noise from the ambient noise. But they are loud. You do hear the percussion and the amplification. Certainly the events outside we heard. We hear it on a regular basis, but it's my understanding from friends and family members that attend the services that the band plays at the beginning of the service and then they play toward the end of the service, which is not when the readings were taken. Does that answer your question? Dorothy Wood: Yes sir, and also about the fences? I remember from last time that all of your neighbors had a fence except for one lady and she didn't want it. I know the church has stated they would put up a double row of Cypress. Michael Goodove: The heavy plantings that Mr. Bourdon had in the drawings that I saw only went a certain way. They didn't go all the way back. I think a concern of the r- neighbors with fencing is they want more of a permanent separation from the church itself plus landscaping. If you go down to where the pulpit is down where the stadium is Item #26 Spring Branch Community Church Page 18 and sit, and I was there for a meeting last week, you look directly up, you look right into my son's room. I can see him getting ready for bed when we met. So, we would want the physical separation as well as the acoustical and aesthetic separation with bushes. I think this would accomplish it. They're not willing to do that. That is a concern to us. They're not willing to agree to any time restrictions claiming it's an infringement upon their with to practice their religion. Dorothy Wood: They have agreed to 8:00 —10:00 today. Michael Goodove: Today is what they agree to. But I will tell you that we hear it early in the morning and we hear it late at night. They also have youth group activities, which both, activities are loud, but with the band playing as well as when they're leaving in the parking lot. It's a lot of adolescent factor. Dorothy Wood: Would you answer other questions please? Michael Goodove: Absolutely. Thank you. Dorothy Wood: Let's start with Mr. Waller. John Waller: I would like to get something clarified about the acoustics, these readings. Mr. Bourdon and I asked him. Now, these readings were taken while the band was playing. He said yes. You say no. Tell me for clarification. Michael Goodove: Yes. If you look at the readings, the readings that were not taken on Easter Sunday, it was done every weekend and that weekend is omitted. In talking with attendees the reason why I said that was I believe the band plays at the very beginning of the 10 minutes of the service and then plays at the end of the service. John Waller: The readings during the middle and in between? Michael Goodove: I didn't see any of the raw data. We asked them if there were other readings taken, and they said there were other readings taken, but these were the worse readings that we saw. I can just state that from being a resident whatever the decibel levels are it is quite loud. One other issue I didn't mention is that the chapel on the front is going to cut the distance between my yard, as well as my neighbor's yards by about 50 percent. So, it is moving towards us. It's not moving away. But I wasn't out there. They didn't invite us out there when they did the reading. Dorothy Wood: Thank you. Jan, Kathy, Joe? Joseph Strange: A specific question that I have is has this music ever had bothered you or woke you up on a Sunday morning? Have you ever said I woke up because of this music? Item #26 Spring Branch Community Church Page 19 Michael Goodove: It's woken the kids up. Joseph Strange: It has? Michael Goodove: It's woken my son. The music. There is no organ. We never heard a choir. It's more loud singing. I've heard rock and roll songs when they're practicing. My wife and I have heard Hotel California by the Eagles being played. We've heard it. There was a Jump Concert, which is a Christian rock band that plays rock and roll with some Christian music in it. Joseph Strange: What time was this? Michael Goodove: I don't want to misspeak on this, but I know it was in the evening from probably 6:00 to 9:00 or 10:00. Joseph Strange: So I guess my next question is has it ever kept you from going to sleep at night? Michael Goodove: I can answer that if I went to sleep before 11:00. My three kids have kept me from going to sleep at night. I go to sleep around 11:00. I would love to go to sleep early but I can't blame that on the church. Dorothy Wood: Thank you. Joe. Joseph Strange: I have one other question. Dorothy Wood: Oh, I'm sorry. Joseph Strange: Are you more concerned about the noise that's actually there right this minute, or are you concerned about what noise could be there as a result of this? Michael Goodove: Both. I'm concerned about what we have and forward looking. Joseph Strange: I didn't mean to interrupt you. Michael Goodove: Go ahead. Joseph Strange: So you would be concerned about this even if the noise levels that you have right this minute? Michael Goodove: Yes. Joseph Strange: Okay. Dorothy Wood: Anyone else on that side? Let's go down. Ron. Item #26 Spring Branch Community Church Page 20 Ronald Ripley: Have you or anybody in that neighborhood been over to the church to request that they lower the sound, and if you did that has the sound been lowered? Michael Goodove: I have not personally but my wife has called to when there were kids screaming in the parking lot. When she called, we got a recording and there was nobody there at the time. This was a youth group activity. I have not personally, but other neighbors have, and it would be better to address it to other people that are speaking. Ronald Ripley: You don't know that? Michael Goodove: No sir. Dorothy Wood: One of the members of the church told me that they never had a complaint on noise until that orange sign went up to your knowledge, do you know if there has been any other complaints of noise? Michael Goodove: Yes. I believe there has been. Dorothy Wood: Okay. Thanks. Sorry, I think I saw a hand. Did I? Thank you sir. Michael Goodove: Thank you very much. Joseph Strange: Okay, the next speaker is Michelle Goodove. Michelle Goodove: I'm Michelle Goodove. I live with him. Those are our three children that keep us up. Dorothy Wood: Thank you Michelle for coming. Michelle Goodove: I'm the complainer, so if you have any questions about the complaints, I'm the one making the phone calls. Like I said, I do have three kids. So bear with me if I start talking in jumble terms. I lose it lot these days. There has been a lot of concern. When we moved into this neighborhood we moved thinking the church was going in behind us. We bought this house six years ago. We went over to the Planning Department and looked at the plans and said it's a church. I grew up in a small Lutheran church in Mesa, Arizona. I'm thinking abide with me, organ music. And that's great. My husband said that is fantastic on what they're doing with the kids. But, I can't explain to you the difference in what you might be thinking in your brain is a church, and what we're experiencing in our neighborhood. What we are experiencing is I'm on the Highway to Hell, Hotel California and Black Magic Woman. Not an exaggeration and not a lie. That's the music that I'm hearing in my house. I would equate it next to a very loud car at a stoplight. You know when the base is going really loud and you're going where is that coming from? Well, it's coming from the car next to you. It's not the music you're hearing. It's this vibration in your home. Thursday night the band was practicing, and I was like it's thundering outside. Where is this storm coming from? Item #26 Spring Branch Community Church Page 21 There wasn't a storm. It was the band. I have three small children. My son unfortunately backs up, and he has woken up many times by band practice. However wonderful these programs are, the youth are not controlled and patrolled as they're leaving the property and coming into the property. They're riding their skateboard directly behind our house. They're yelling and screaming. I have called the church on a number of times to complain about this. Who's there at 10:00 o'clock at night? Nobody. So, nobody can do anything, although when you look out the window you can see adults out there with them, and they know what is going on, but nobody is doing anything because they're having a wonderful time. I also have at whose rights here, theirs or mine? Thank you for your time. Dorothy Wood: I've never heard Highway to Hell or Blue Magic Woman. Michelle Goodove: Neither have I. Dorothy Wood: Are there any questions for Mrs. Goodove? Michelle Goodove: I have at Hot Tuna about ten years ago. Dorothy Wood: Any questions for her? Thank you ma'am. Joseph Strange: Colleen Nguyen. Colleen Nguyen: Hi. I'm Colleen Nguyen. That's how I say it, and that's not correct either. They have pretty much said everything that the rest of the neighborhood feels. I have also made phone calls about the church. If we do call the church there is usually nobody there. We've called the police and they usually go out. It's a church. There are activities going on. They've driven through and drive back out. They've walked up and said a few words and left. Nothing usually happens when we call the police. We're not sure what other steps we could do. The only thing we worry about is what is going to happen in the future. As this starts to expand and they start having wedding receptions, I know they can go on until 1:00 o'clock in the morning. That means these people are going to be coming out at 1:00 o'clock in the morning hollering just like they do now to get in their cars and go home. This is not something that I want to live behind, and I would think that is not something that most people would not want to live behind. I had some questions too. On the staff report, there was something that the childcare is already granted. When we went over to meet with Spring Branch they told us that was nothing they would consider putting in a school or a daycare center back there. I'm not sure if child care was granted for when, there in church, or if child care has already been granted and that this is something they would be moving to do, which would mean 24-7 things going on behind our houses, which is the same worry that we had when they put in this glass atrium. You built, and they're going to need more activities to support it, and is this now going to be happening all the time. Concerts and I know you heard about concerts. There is another one coming up at the end this month. Wedding receptions, and they have already had one outside behind the church with a band and everybody could hear it Item #26 Spring Branch Community Church Page 22 in their homes. People on the other side of the neighborhood told me that they could actually hear that too. Safety concerns is one of mine. We called the police about the noise but I also had a problem with safety. There is nobody back there. This is a church and there's nobody living there 24 hours a day. There are other activities going on. We need to get the police reports to find out what those activities are, and we haven't received those yet. But I've had beer bottles thrown in my pool and $350.00 later to fix a liner. I'm concerned about safety, also. I guess my time is up. Dorothy Wood: I don't think that the beer bottles were coming from the church ma'am. Colleen Nguyen: I don't think it was coming from the church. No, I'm not stating that it was coming from the church. I'm stating that there is no security back there. There are constantly cars in and out of the parking lot when church things are not going on, kids hanging out. I've talked to one of the policeman when we had the break-ins in our neighborhoods, one of the policeman told me that the number of times they have been called back there where kids hang out in the parking lot was ridiculous. I'm sure that is where the beer bottle came from. Dorothy Wood: These are children that are there not during church? Colleen Nguyen: Right. Dorothy Wood: I think this would happen in most any church or any parking lot. Colleen Nguyen: Right. Dorothy Wood: It's a shame that it does but it does. Perhaps if they were in church they probably wouldn't be throwing beer bottles. Colleen Nguyen: That's true. Dorothy Wood: Thank you very much. Colleen Nguyen: Okay. Joseph Strange: Rick Koch. Dorothy Wood: Welcome Mr. Koch, thank you for coming. Rick Koch: Thank you for having me. My name is Rick Koch. I live adjacent to the property parking lot. Dorothy Wood: Would you mind showing us your house sir? Rick Koch: I think it's approximately right in this area right here. Item #26 Spring Branch Community Church Page 23 Dorothy Wood: Thank you. Rick Koch: I can hear every Sunday about 8:15 a.m. the low din and that is the band. It wakes me up on occasion, but I can get used to it. But if you hear the music at 8:15 when I'm in my bedroom. I also want to say that I think it's unique that a church of this size and scope will be sandwiched so closely in between two neighborhoods. That's all. Dorothy Wood: Thanks for coming sir. Are there any questions for him? Thank you sir. Joseph Strange: William Ballou, Jr. Dorothy Wood: Welcome Mr. Ballou. William Ballou: Thank you. My name is William D. Ballou, Jr., and I live at 2201 Kistler Court. I've lived there for a grand total of 2 weeks, and I've got thrown into the fire, so to speak. But, I would like to say that my beef is not with the church itself. I actually attend church on Sunday and enjoyed it. It is a different church. It does have a 13-piece band that does play regardless of what the little paper says about the music, it is a 13-piece band. It's got to make some noise. So, we are concerned about the noise. I would just say that we do need to have some serious time limitations on that just because of that. It is just not a regular organ church, and that's not against the church, but that is just the facts. That is just the way it is. The size of the building I think is much too large for the property. I have some pictures on what my backyard looks like now. And this is where they're going to put a chapel. It will be approximately 50 foot from my property line. It is much too close. That is the small change that Mr. Bourdon was talking about. The buffer? There is none. You can go out and look. We've all been by Great Neck Road. There is no buffer. There needs to be adequate buffer put down between us and the church to give everybody their privacy and what they need. The parking lot traffic is going to be worse once they build the chapel. As I see on the west side of the chapel, there are no doors to enter. So the pedestrians are going to have to walk around the parking, around the chapel into the line of traffic to get into the front door. I see and if we can go back to one of those footprints I can show you. Can we do that? Dorothy Wood: Yes sir. William Ballou: If you can show me where a proper sidewalk is to get from here to around there, I would like to know where it is? Just in closing, I would like to say that the church and the only thing they've done since last September is to hire a good lawyer to come here and sweep it through the Planning council. Dorothy Wood: He does a good job. Thank you Mr. Ballou. William Ballou: We are good citizens trying to represent ourselves. Item #26 Spring Branch Community Church Page 24 Dorothy Wood: I know you are. Thank you sir. Are there any questions for Mr. Ballou? Thank you sir. Joseph Strange: Marsha Anthony. Marsha Anthony: Thank you for hearing me. I'm Marsha Anthony, and I live at 2269 Souverain Lane. I am right about there. Dorothy Wood: Right in the middle of it Ms. Anthony. Thank you. Marsha Anthony: We talk about all the noise testing that they've done, but there was no noise testing done in the parking lot. I got to tell you that the parking lot can be noisier than the church. The doors are slamming, the kids are screaming. When they have a concert the kids sometimes come there early, and they hang out in the parking lot just like before football games. It's like a tailgate party in the backyard. I don't think anybody has addressed the sounds that come from the parking lot. I have some pictures here. When they talk about planting trees as a barrier for us they never talk about going down the parking lot side. They kind of seem to ignore us. I'm going to pass them around to show you the type of landscaping that we have in the parking lot. There is none. What is there is not maintained at all. Most of the time I try to open my gate. I can't open my gate because the weeds have growing so tall. Every once in a while it gets cut. I hear that there is not money appropriated for all this maintenance for the landscaping. Well, that sort of doesn't cut it with me when you are having a building built that costs this much money. I feel that we don't oppose what the church does. I will say this again as my neighbors have. I don't oppose it. They are obviously doing a fantastic job with children and with the community. They are doing it in the wrong place, and I don't understand why they continue to be able to get a little bit closer and a little bit closer to our properties. We are also entitled to peace and quiet. We have all spent a lot of money to live in this neighborhood, and we try very hard to keep it up. I think there needs to be some regard and respect for us living there. Thank you very much. Dorothy Wood: Are there any questions for Ms. Anthony? Ms. Anthony do you hear the music when you're in your home? Marsha Anthony: Yes I do. My bedroom is on the first floor of my house in the back, and I do hear it in the morning. Yes. Dorothy Wood: Thank you. Joseph Strange: Sandy Linginfelter. Dorothy Wood: Welcome. Sandy Linginfelte: Thank you for hearing me. It's Sandy Linginfelter. We live right here. And, our position is a little bit different than most of the people that have been up Item #26 Spring Branch Community Church Page 25 here. We are right where the property is proposed. We are regular attendees of the church. We have been going there ever since we moved to the property. We go out of our back gate. We love the church. We love what they do in the community. We love the services. Personally, I like hearing the music. I know what the music is about, and I like knowing that what is going on is going on there. However, if it is bothering my neighbors it is bothering me. I think you guys sort of feel the same way on every issue that you look at. Our big issue, and the facility that is proposed is glass directly behind our backyard. Anybody who is in this atrium, regardless what it is being used for at the time, is going to have direct sight of my son's bedroom, my son's bathroom, our master bedroom, our family room, our kitchen and our backyard pool. Quite frankly, I don't know why the church would want to invite the insides of these homes, and the insides of the backyard and all these pools that are there into the church because that is what is going to happen. The glass enclosure is not enough barrier for the neighbors, as well as, the members of this church. That's my biggest problem. Also, we walked into this church the first day this facility was open it was already at capacity. As the gentleman said before it was standing room only. It is going to continue to grow because it's a great facility. It does great things, and it is nothing but a magnet to people. And, it's going to continue to grow, and the space on which it sits on is just not going to be sufficient. It already isn't. So, I don't know if the leadership needs to look at that and look at other properties or satellite things for atriums such as this but our issue is mainly privacy. Thank you for hearing me. Dorothy Wood: Are there any questions? I have one question for you. Since you do attend this church, and I'm sure that you're not there for all the services, when you're at home do you hear the music? Sandy Liginfelter: Yes we do. Dorothy Wood: You do hear it at your house. Thank you very much. Joseph Strange: The next speaker is Nathan Gregory. Dorothy Wood: Welcome Mr. Gregory. Nathan Gregory: Good afternoon. Ed Weeden: Sir, identify yourself please. Nathan Gregory: I'm sorry. Nathan Gregory, 2288 Souverain Lane. I live across from Michael Goodove. Surprising to say I don't live on the homes adjacent to there. I'm mainly here because of my neighbors. I wish to say two things. First of all, I love rock and roll music, and I love loud rock and roll music. And I've been to Overton's services at Spring Branch, and I think that Mr. Simone has a wonderful message. But at the same time if I played my rock and roll music next to my neighbor who works at Merrill Lynch, whose an audio file on Sunday morning, I would probably have the Virginia Beach Sheriff s Department to arrest me. I think what they're doing is wonderful, but what Item #26 Spring Branch Community Church Page 26 we're looking here as far as the noise is concern is a matter of taste. The other issue that I have is that I didn't' even want to get involved in this until I came to understand that there is very lot of inflexibility on what these Use Permits are, and my opinion is if the church is functioning as a full profit organization which we're doing rock concerts, wedding receptions, etc., how much revenue is this brining in and by doing some round number of math. My wife and I pay about $5,800.00 in real estate taxes per year. We live in a home that would probably sell not at the very bottom but in the more bottom quadrant. So round numbers, I got $750,000.00 - $825,000 in taxes with the 129 homes pay in real estate taxes per year and part of that is to be a good neighbor to everybody, and when I have'a non profit organization being inflexible about the hours that these things go on is that really fair to my neighbors? So, as far as the noise levels are concerned, and yes I can hear the noise. Yes, it's present. It's probably God's calling telling me that I should be in church that morning, but at the same time my neighbors do have the right to their privacy and whether it's God's music or not, we live in a country, and the last time I checked there was a separation of this so, you have to ask yourself to the community is the eight hundred somewhat thousand in revenue put first or vice versa. That's all. Dorothy Wood: Thank you sir. Nathan Gregory: Thank you very much. Dorothy Wood: Are there any questions? I guess not. Joseph Strange: Beth McQueston. Dorothy Wood: Welcome. Beth McQueston: Thank you. I'm Beth McQueston. I live at 2281 Souverain Lane. I'm the one without the fence. So, I don't think you need me to point it out where it is. Dorothy Wood: We know where you live ma'am. Beth McQueston: It's right about there. In any case, I don't have a fence because I like to watch the activities at the church and for the most part they really do not bother me. My daughter has attended the youth group at the church, and I do not question that the church is doing a terrific job reaching out to youth and to young people. But the noise is disturbing. I mean it was quiet for a couple of months. But even this past Sunday at 7:45 a.m. I was startled by the loudness of the band music coming from the church. I think a reasonable time constraint is 8:00 a.m. to 8:00 p.m. They do practice before their 9:00 o'clock service. I can understand them needing to have a run through of what they're doing at their 9:00 a.m. service. I haven't been aware that they have an 8:00 a.m. service as was previously stated. I only been aware there is a 9:00 o'clock and then a later service. I'm in church during the 9:00 o'clock service myself at another church so I'm not bothered by the music, but it's the practicing that is loud to me. I really object to the Item #26 Spring Branch Community Church Page 27 atrium also because that it will be directly behind my house, and they well have wedding receptions there. I feel that all music not just choir and band practice, should be limited to these time constraints of 8:00 a.m. to 8:00 p.m. I think that is something that the church needs to be flexible on. In addition, the chapel on the portico is simply to close to the structures in the Reserve. The portico is going to be 38 feet from my property line. Already we have buses sitting there idling and things like that. I just think that's outrageous to build out the property so close to the residents in the neighborhood. The previous footprint did have the buildings substantially further back and with a little tiny atrium. I do have the side renderings if anyone would like to see it. In addition, I think they say the building will be built in phases. They may not add the additional parking at the end until quite late. I would say that parking may wind up to be an issue if they do this construction and do not do the whole thing at once. Dorothy Wood: Thank you very much. Beth McQueston: Thank you. Dorothy Wood: Are there any questions? Ronald Ripley: You say you have a copy of what the original design was. Beth McQueston: Yes. It was sent to one of our neighbors by Ashby Moss. I have a side rendering of what the original design was. Ronald Ripley: Do you mind passing that around please? Beth McQueston: You can see from the center that the roof of the atrium comes down pretty similar to the church as it stands now. There is only one tiny section that goes straight up the two stories. It does have some glass in front but its coming down much more similar to the structure as it stands now. William Din: I have a question. Beth McQueston: Yes. William Din: The current side of the building where the atrium is at is that all brick now? Beth McQueston: Yes it is. It is brick with windows and it is quite far away from our homes because it is way far back. It is right here. This is brick with windows, just small windows not big ones. Ronald Ripley: Would you say that atrium is about half the width of the proposed atrium that's being passed around? Beth McQueston: I think it looks like it was less than half. To me, it is a very poor Item #26 Spring Branch Community Church Page 28 reproduction. I'm sorry but that is what I got. There is one tall part and then there is some glass on either side, but I say less than half. I'm not an architect. I'm just a mother. Dorothy Wood: That's the most important job there is. Thank you. Beth McQueston: I have four noisy kids, so I know what it is like to be noisy. But I do hear the music in my house. Dorothy Wood: Are there any other questions? Thank you. Mr. Waller will give you it back. Joseph Strange: The next speaker is Janice Frucci. Janice Frucci: You didn't attempt my last name. Dorothy Wood: Welcome. We're happy to have you with us. Janice Frucci: Thank you. My name is Janice Frucci. There are a lot of firsts for me. My husband and I just bought our house in the Reserve, and it's our first home, and its here on the very end. And, we had our first baby seven months ago. Dorothy Wood: Congratulations. Janice Frucci: This is the first time that I've ever been in front of something like this so it is very nerve racking. Dorothy Wood: Just relax. Think about the baby. Janice Frucci: I just wanted to add, and in jeopardy of sounding repetitive, I just wanted to add that my seven month old takes naps while church is getting out. He has been woken up quite a bit by the sound of the church letting out. Even in our far corner because my son's bedroom is on this corner right over here. So, there is a problem in that respect. I know that you guys have heard a lot about the noise. I'm very concerned about the glass atrium because I think, and I know you heard this, but I really do believe there is going to be a tremendous increase in the noise. I know you have the noise study from what's there now, but I think the future is going to show with that less atrium. I know at my wedding reception we were pretty loud. It was pretty late. So, I just wanted to add that. They wanted me to give you all this picture of a bus that was parked right behind the property. The only other thing that I wanted to add was that, and I believe you said this was on file but this is a letter from Aleisha Godfrey Ray, who sold the property to the church initially with her brother. And, I guess you guys do have a copy of this, but basically just to reiterate, part of this was that the property would stay one acre away from her property line. I guess the proposed parking lot will cross that acre line. I don't know the ins and outs of this because this was just handed to me, because I'm the cleanup person here. But, anyway, thank you very much for your time. Item #26 Spring Branch Community Church Page 29 Dorothy Wood: Are there any questions for her? Thank you for coming. Mr. Bourdon, do you have anything to say? Just asked. Eddie Bourdon: First of all, I would like to thank our wonderful neighbors for coming and I'll try not to go down the road with some of their comments. Let me simply say that the church is not for profit and that's an absurd suggestion. Dorothy Wood: We knew that sir. Eddie Bourdon: Secondly, it may make our neighbors a little bit happy. The church doesn't have any plans for applying for an ABC License anytime soon. We're not serving alcohol at the church. Don't plan on it. The wedding receptions will be alcohol free, and there won't be people throwing beer bottles in people's backyards. Mike's comments were very nicely couched, but in the end part of his comments attempted to impugn the integrity of the person who did the sound study, who is here, who will testify gladly so that the readings were taken when the band was playing. Secondly, the idea that they play the band louder on Easter than any other day when they have service is a little bit hard for me to figure. The music is played. You got me going down that road. The music is played the same every service, and not different on Easter Sunday than any other Sunday. The issue, with regard to the proximity of their homes to the church, and the fact is I represented the developers of that community when that community was approved. They put a berm up in the back of these properties. The property owners or their predecessor took the berm down. The houses are closer than they should be to the property than the church has, and the church had the property before their property was ever developed because of the Chesapeake Bay Act. All the houses were jammed over in the corner to keep it away from the sensitive area, but the church was there first and not these folks. We didn't take the berm down. The berm they took down. It was on their property. Their predecessors took down. A lot of the stuff is just a lot of emotion, which doesn't fit the circumstances. To allege the gentleman, because he's a member of the church, is committing some kind of fraud is his professional reputation, the professional work that he and his company do. I'm sorry, he couched it in nice terms but that's not accurate. Ed Weeden: Eddie, your about out of time. Eddie Bourdon: Okay. There are a number of issues that were raised, and I'm happy to address, but I don't want to abuse the time perspective. So if any of the issues that they raised you want me to address, please ask me a question with respect to that issue since my three minutes are up. Dorothy Wood: As you know, my whole issue is the noise. I talked to you about not having amplified music and although you said the sound. I believe these people are telling the truth that they heard the sound in their homes. Their children are awakened r- because of it. Have you talked to any of the people in the church about perhaps going along with staff s suggestion? Item #26 Spring Branch Community Church Page 30 Eddie Bourdon: We obviously talked about it. The answer is 8:00 a.m. to 10:00 p.m. We will, however, agree to that on the condition that I previously read the playing or use of amplified music at choir and or band practice or in the atrium area for any event shall be limited to the hours of 8:00 a.m. to 10:00 p.m. That is it. There is no limitation today. There is an atrium on the plans that are already approved for playing of music at anytime. So, there is a significant benefit being provided, if you believe the idea there is truly a noise issue with respect to this application. That is what the church will agree to. Dorothy Wood: Thank you Mr. Bourdon. Will you please answer questions? Let me start down here with Ms. Anderson. Janice Anderson: Thank you Dot. The atrium, does it have a second floor? Eddie Bourdon: That's a very good question Jan. If you could put the site plan back up there? The only second floor area is this extended here, and this would be a second floor area, which is located over 160 feet from the fences along the back of the properties. Those fences are I believe six. They could be eight feet. I didn't measure them. The idea that someone that far back is going to have some view in to their backyard doesn't exist. The houses that are adjacent to each other are 20 feet apart. They're 35 feet tall. There is no second floor other than all the way back where you see there's a second and third floor of the classroom space that's above the part that's in green on the plan, and if you could put the previous site plan back up there? The one that was approved previously this is far closer if you move this back. This is 20 feet closer. We had the same situation in regard to second floor, third floor on the previous plan. The atrium has the glass portion has expanded in this direction. It's not quite twice as large but it is larger than the previously approved glass atrium. The church today is also glass. Dorothy Wood: Thank you. Janice Anderson: But it goes up two stories. But you're saying that it is just one floor. Eddie Bourdon: Just one floor. You don't a second floor until you get back 70 feet from the glass itself. Janice Anderson: Another question that I have is I know that productions that this church does are very theatrical. Are there going to be any kind of lights that are theatre lights in this atrium that are going to shine? Eddie Bourdon: No ma'am. There are not, and there are absolute ordinances in place with respect lighting. Frankly, the first we heard of that issue on lighting was this letter this morning, and we are not aware of any flood lighting or any lighting that is spilling into any of the adjoining property owners and an ordinance covers that. If you want to add a condition that we will abide by the City's ordinances that they won't have this spill over, that is routine. That is not a problem. There are not going to be any strobe lights or any kind of things in the atrium. Item #26 Spring Branch Community Church Page 31 Dorothy Wood: Are you finished Jan? Janice Anderson: Yes. Thank you. Dorothy Wood: John? Kathy? Don? John Waller: Back to this sound thing. They say the biggest noise happens between 9:00 a.m. and 9:15 a.m., which is the beginning of the service. Then something apparently happens at 11:00 a.m. and 11:15 a.m. and then you crank up again. This study is made outside that time frame. Only one is taken during the service. Eddie Bourdon: Right. The Sunday morning, March 71h, the reading during the service were taken 11:10 a.m. The service started at 11:00 a.m. John Waller: Excuse me. Let's go to the one on Sunday morning, April 25, 2004. Eddie Bourdon: We got three Sundays on here. John Waller: Its on Page 2. Before the church was even open you got a 64 decibel reading and during the event when the band's playing and everything is happening you got a 64 decibel reading, the same thing, the same reading before the music starts and the same reading after the music. Eddie Bourdon: John, which date are you speaking of? John Waller: I'm looking on Page 2 of this document. Eddie Bourdon: I'm sorry. I don't see these pages even being numbered. Kathy Katsias: On this one. Eddie Bourdon: I'm sorry. I'm looking at the graph. Bart Cardea: Can I address that? John Waller: I'm curious. Eddie Bourdon: The 4-25-04? That's an easy one. John Waller: Okay. Good. Eddie Bourdon: Do you want to do part of it? I'll let you tell it. Bart Cardea: My name is Bart Cardea. I'm with Ambassador Enterprises. I did this study. The date in question that you're talking about sir, the ambient level, the outside Item #26 Spring Branch Community Church Page 32 decibel level was greater than the level that was coming from within the church outside in those readings. It's the nature of a spring day when there are lawnmowers going on and children playing and people in the pool or whatever that is. Not just in that neighborhood that were talking about there. But also, all around it's just environmental noise. It's what you call ambient. John Waller: That doesn't make a whole lot of sense to me. I think next door the people who are listening to the music before they cranked up they hear nothing. The music gets started and apparently you say they still hear nothing. Bart Cardea: It's not a matter of not hearing nothing. They're hearing 64 decibels before the music starts and while the music is going on. Eddie Bourdon: That's exactly right. John Waller: It doesn't make sense to the people who are complaining about the noise. Eddie Bourdon: John, if you look at each Sunday service as well as the Wednesday services during the winter months or during March when the weather was bad and you also collated with the weather which we done, that was a beautiful morning and people were outside at 11:00 o'clock doing activities. John Waller: The ladies back here heard that music. Dorothy Wood: They talked about 8:00 o'clock and this starts at 11:00 o'clock. John Waller: It's 11:00 o'clock when the music starts. Dorothy Wood: They talked about the music was at 8:00 a.m. That's band practice and it's not here. Eddie Bourdon: That Sunday and many other Sundays, because of the time of the year, and there was other activities going on in the neighboring properties that cause the db levels to be the same. It didn't increase the db levels at all where as the other Sundays that wasn't the case. The same if you look at the traffic ones. I've looked at these things as well as others in the past. These make perfectly good sense when you look at the other factors that are involved. Dorothy Wood: What about 8:00 a.m. Eddie? That is when they were talking about the children being awakened at 8:00 a.m. I don't see anything here for early morning. Eddie Bourdon: That was actually my error. They do practice at 8:00 a.m. and the service is at 9:00 a.m. That is where the 8:00 a.m. limitation. Dorothy Wood: We don't see it on here at all. Item #26 Spring Branch Community Church Page 33 Eddie Bourdon: The services are the same Dot. The level of amplification is the same whether it's a 9:00 o'clock service or an 11:00 o'clock service. It doesn't make any difference what time the service is. Dorothy Wood: Yes sir. But the outside noise is different I think at 8:00 a.m. Are there Eddie Bourdon: That would probably be accurate. Dorothy Wood: Are there any other questions? Joseph Strange: I would just like for you, Eddie, just kind of summarize what issues have been resolved with this community since the last time you were here? Eddie Bourdon: I don't know if any issues have been resolved Mr. Strange. The church has done what as a good neighbor and as a good citizen it should do is to check out to see if there is in fact a problem that warrants further action. They have done that and to suggest that this is some how fraudulent or hasn't been done with the correct intentions because the person who did it happens to attend the church is I think is a big stretch. I think its really pretty sad commentary quite frankly. Secondly, the church as agreed to put in a double row of landscaping. Double and large landscaping that will grow up much higher than what is there today. To deal with the issue that some of these people have which is truly the view the concern that they're going to have someone looking into the back of their home. The church has already got plans that have been approved and the church will build those plans. The irony is and one of Mike's issues he claims is that the church is going to outgrow its facility and move. Well, the church if it outgrows its facility and moves that creates a problem because there won't be any conditions because there are no conditions that's only going to asseverated or made to happen more quickly if this is not approved. So, there is an irony in their whole argument. We are trying to be good neighbors, but you're going to have people who complain because they open their gate and trespass on our property, because they claim the weeds are behind their gate at some point you got to meet half way. These are great people who are members of this church, who attend this church, who are doing God's work in this church and doing it very well. One of my neighbors Tyler Tuity, he's in UVA, he'll be going the third time to Nicaragua in two weeks. He wants to be a minister because he loves this church. His parents attend this church on a regular basis. It's a fantastic place. To suggest that these are bad people who are trying to impose awful things on these poor folks who live next door is not what the church is all about. It's not what the church is doing. The church has tried, and these limitations are limitations that exceed anything that has been imposed on other churches on the City's own property. You can't treat a church differently than any other institution in the community. That is what they are asking to do. If there was a problem in the church, and we believe there was a problem we would address it. We have made sure that isn't a problem. There hasn't been the first complaint from the homes on the other side of this church that were there before the church. You don't think those people hear any of this loud noise that they're saying is so terrible? I'm sorry but these folks are exaggerating their complaints. That's their prerogative. It's a free country. They have every right to exaggerate their complaints. They haven't brought Item #26 Spring Branch Community Church Page 34 forth any sound studies that say anything is wrong with our sound study. They want to do that we invite them to do so. The conditions that we've agreed to that staff has recommended with the exception of those one hour differences either way 8:00 —10:00 versus 9:00 — 9:00 we are in total agreement with. We think the church and the church believes it is doing everything that is reasonable to be a good neighbor. Joseph Strange: But the bottom line is no issues have been settled since the last time you were here. Not one issue right? Eddie Bourdon: Well, what's the one issue? It's noise. What other issue is there? Joseph Strange: I mean when they talk about putting a fence? Eddie Bourdon: What the view? That's the other one. They don't like the fact that the glass atrium, that might someone might be able to see into their backyard. We're not adding anything that's closer to them. In fact, we're moving further away from them except for the chapel, which is a one-story building that you can't see into anybody's backyard or anywhere else. Joseph Strange: When they start talking about building a brick fence or something around there are you not been willing to do that? Eddie Bourdon: Actually, the brick wall idea and we tried to meet with the community. I talked to Mike. He's a wonderful fellow. They were invalid about whether to meet with us. They met with us about 10 days ago after we gave them about six dates in June to meet. So, they weren't in any hurry to meet with us. At that meeting there was some suggestion of a brick wall. I've discussed that briefly with staff and basically my knowledge of the ordinance that we have on the books and landscape ordinances, I don't think we're about encouraging building a bunch of brick walls in this City. If they want to put the berm back on their property that the developer put on their property, and want us to put a wall on their berm, we might be willing to consider doing that. It's the church, the church. The church has got to do everything. The reality is we were there before they were there. And that is the reality. We didn't take down the berm that the developer put on the back of their properties. They or the predecessors in title took it down. If they put a fence on top of the berm that was there the fence would have been nine to ten feet tall. Dorothy Wood: Excuse me Eddie. These people are good people. You have good people on this side. Lets try to keep this without talking about the people unless we can disagree with out being disagreeable. Eddie Bourdon: We have tried from the outset to be that way. Dorothy Wood: I think you both are sir. Yes thank you. Eddie Bourdon: But some of the comments that people made were a little disagreeable. Item #26 Spring Branch Community Church Page 35 Dorothy Wood: Thank you. Joseph Strange: I guess my concern is there just doesn't seem to be any movement. There doesn't seem to be any movement here. And, when people start taking strong positions and saying there is no compromise then maybe it would be up to us to start making compromises. Eddie Bourdon: The church has every right to build what they have already been approved to build with no condition. So, the church has in fact offered compromise. That's what the church is here doing offering additional landscaping and offering to restrict when they play their music and where they play it. That is a compromise because no such condition exists today. To suggest that we haven't offered a compromise, or we haven't gone the extra mile to put a new sound system in, and check the sound to make sure that we weren't being a nuisance, and that is compromise. It's the opposition. They're not organized, and it's understandable. Some want one thing, some want others. One issue is one thing, and one's another. Mike is not in an easy position to effectuate a compromise. The church has done what it believes, and I totally agree with, is more than reasonable to attempt to address the legitimate concerns that have been raised. Joseph Strange: Sometime people can know what their rights are though and not know what their responsibility is, and this is a community and the people have a home there. They go home at night. They want the same peace and quiet that you and I want. Eddie Bourdon: To suggest that the church does not know it's responsibilities when the noise levels are in the 50s, if that is a suggestion, again we disagree. We think the church, and agree of the opinion think, the church does know its responsibilities and have met those responsibilities. Joseph Strange: That's all that I have to say. Dorothy Wood: Don? Kathy? Is there anyone else on that side? Donald Horsley: Just appears to me that we're in the same place we've been for along time. Dorothy Wood: Let me start on this side. Mr. Knight? Mr. Crabtree? Eugene Crabtree: Sort of what Joe was saying. The last time we met we were under the understanding that the church and the community were going together and try to work out a compromise early in the issue and not just two weeks ago. Eddie Bourdon: We offered, and after we did our work and we put our money into a new sound system and the sound study, we offered and I contacted Mr. Goodove and gave him dates we loved to meet in May and June. There was not any interest on their part in meeting until July. Item #26 Spring Branch Community Church Page 36 Eugene Crabtree: Okay. Mr. Bourdon, one more thing. We seem to be dealing with strictly on noise, and this seems to be the big thing. I've written down a number of things that were said. Noise was one of them, the building design and the distance of the building from the homes, the parking lot, and what appears to be uncontrolled or unsupervised activities in the parking lot, the language of the music, the security of the place after hours when the church isn't going on for other people then these people, and the landscape. I got a total of six different items in all, which encompasses the entire picture of the thing. I think its more than just the noise and just more than they can play music from 9:00 o'clock in the morning until 10:00 o'clock at night, or 8:00 o'clock in the morning until 10:00 o'clock at night. It seems to me that it has come to an impasse that neither side wants to give. And when neither side wants to give then I think your putting the burden on our shoulders for us to decide which way you're going to go. Eddie Bourdon: Would you like me to address any of those issues that you have raised? Eugene Crabtree: We've already talked about all of them. I was just saying that these seem to be the total of things other than just one. Eddie Bourdon: On that list are things that you believe that you have a concern that the church is not addressing? Eugene Crabtree: I just think it's an impasse both ways. I think the one side does not want to give, and neither does the other side. Eddie Bourdon: Again, it comes back to the question. The church is a member of the community, a very well respected member of the community. Eugene Crabtree: I think they both are. Eddie Bourdon: The church is attempting again, when you have that get thrown out from all over the place, noise was the issue. We've addressed the noise issue. The other issues like the beer bottles in the pool, and the other things that have been thrown out there, and if you have a concern that the church is not addressing its responsibilities to the neighborhood, we would like to hear where you believe the church is falling short. Eugene Crabtree: I don't know. I think that the church and neighborhood should get together and discuss this, one way or the other. Eddie Bourdon: The civic league has discussed it. The civic league is not opposed. It is just the small group that lives next to us who have banded together and are opposed. We'll discuss it all day long. There was a discussion today about putting up a brick wall. The church is not opposed to pursuing that avenue. Eugene Crabtree: You put conditions on it. They'll put up the brick wall if they put their berm back. Item #26 Spring Branch Community Church Page 37 Eddie Bourdon: They don't know where they want the brick wall to be. How far it extends. Eugene Crabtree: Have you asked them? Eddie Bourdon: Yeah, I asked them specifically. This person may want one down here. This person may not want one there. Exactly. I have. Eugene Crabtree: Mr. Bourdon, there is no need for you and I to argue because we're not the issue. Eddie Bourdon: I know. The point is that to try to portray the church as not being concerned about their neighbors or not being responsible is what I'm hearing and being defensive about because they have. Dorothy Wood: Mr. Ripley. Ronald Ripley: I hate to ask you another question because we might be here all day. It has to deal with this atrium. Jan asked you a question about it being two stories. I'm trying to visualize this thing now. I can see obviously what it looks like from the elevation. You said it goes back 70 feet. So 70 feet is probably as long as this room. It's a pretty big meeting room. Is that going to be a room where the bands play and noise is generated to the levels that the complaints are addressing today? If that's the case I can see that being a real problem because the glass will not attenuate any of this out. Eddie Bourdon: The thickness of the glass and the way it is designed there is some sound attenuation. To answer your question the band does not play in the atrium. The band plays in the auditorium. The atrium may be host to something like a reception or what have you. The restricting of the hours for the playing of music in the atrium at a reception is certainly agreeable as far as the church is concerned. I indicated that when I came back up here after having spoken with some of the elders who are here, any area where you have services. Ronald Ripley: It would be loud music like they're playing right now? Eddie Bourdon: I can't envision in any way it would be as loud as the music that is being played in the auditorium during services because its not an area where services are to held. It frankly is an area where people talk and enjoy fellowship, eat and that kind of thing. There may be an occasional reception there. It is not an area for conducting of a service. It's an area just for people to talk to each other, to enjoy time together and a potential wedding reception or something of that magnitude. But restricting the hours that amplified music can be played in the atrium is certainly agreeable. That is what I indicated when I came up here. Item #26 Spring Branch Community Church Page 38 Dorothy Wood: Mr. Din, do you have anything? William Din: Yes I do. Unfortunately, it has to do with the sound. I am concerned with some of the issues that Gene identified. The parking lot, the uncontrolled kids in the parking lot and even after hours. I think that is still a church responsibility. I understand and I disagree with you. Eddie Bourdon: Can we start with that one? Can we talk about that one? Dorothy Wood: Eddie, let him finish please. William Din: I'm giving you my observations here, and you can address it after, I hope. I am concerned with the way the church is controlling the crowds, or the traffic that's in the parking lots with the sound. But my main questions here are on the sound. Okay. Now, you brought up a good comment, which I was going to identify here. All the people on the north side of the church are the ones that are complaining. Yet, we haven't heard a single soul from the south side. If you look at this thing from my standpoint, of just a logical engineering view point here, the band is on that side. All the amplification sounds speakers are pointing to the other direction. It's going that way. I'm sure there is some sound that spreads to the south side, probably not as directly because the speakers are facing the other way. And, that's probably one of the reasons why. Now you said you got a new sound system. Maybe the sound is too loud in there. Have we ever considered lowering the sound? The other thing, and it is a big issue. The quality of life in the neighborhood is a big issue. No matter when it is occurring. It is occurring on Wednesdays. It is occurring on Sundays, etc. Then I have some other questions for Mr. Cardea, if I could, would like to address those. Eddie Bourdon: I'll bring him up. The question is would we consider lowering the sound. That is exactly why the new sound system was put in place, and the sound readings were taken to determine whether in fact there is a sound issue. The readings are coming in at and until somebody shows us otherwise, there is no evidence that there is an issue other than an emotional one. There is also no doubt that the amphitheatre and the issues of the residents behind the Amphitheatre, the noise is still heard at high decibel levels. The noise just doesn't go in one direction. Noise doesn't travel in one direction. And, those people behind the church no doubt also hear whatever the people on the other side hear. One or two dbs difference, again it still going to be in those 50 range levels. With regard to noise and the parking. Until this issue came to the floor, and this expansion issue came forward the church tells me that they hadn't received any complaints of any of these issues. The complaints only were generated when the folks found out what the church was proposing to do, how the big the building was, and the atrium and the other issues and all of this starting flooding forth subsequent there too. That's the church's reality, and if there is an issue that we're made aware of, the church has done everything in its power to address and will continue to do so with regard to making sure there are no vandalism that takes place on people's property by church members. The fact is there was a youth in the Reserve that set a fire on the church's Item #26 Spring Branch Community Church Page 39 property. We're not going to get up here and get tit for tat about whose doing what to whom. The church isn't here to get into a fight. The church has been trying to be a good citizen and trying to make sure there wasn't a problem, or if there was a problem to address the problem. We believe that every problem has been brought to our attention. We have addressed or have attempted to address, and we think we've addressed it more than appropriately. People can certainly disagree about that, but to suggest that the church is not being responsible, or what have you, we just take serious disagreement with that. William Din: I'm not saying the church is not being irresponsible, I'm saying they have a responsibility to control the crowds that are in the parking lot even when they are not there. Okay. If it requires security, or it requires chains across the parking lot, or something we do it for all our parking lot areas to keep the control in parking lots in control. Eddie Bourdon: One of the speakers in opposition and I think at some point, I guess if you want to put all the burden on the church because the church could have checked criminal complaints and police records. Our loyal opposition hasn't come forward with any evidence of any crimes that have been committed in the church parking lot or any other incidences that have been reported to the police. It's an innuendo based argument. The church clearly isn't putting up with people conducting themselves improperly on church property. If the church has any knowledge of anything improper taking place the church will obviously take immediate action to rectify it. William Din: Thank you. I think the adult supervision of the youth groups should be responsible for what happens the kids are being released. I believe that is part of the responsibility. I would like to ask a couple of Mr. Cardea. Dorothy Wood: I would say let him introduce himself again. Bart Cardea: Yes. It's actually Bart Cardea. William Din: Cardea. Oh, I'm sorry. Dorothy Wood: Thank you sir. Bart Cardea: That's okay. William Din: Mr. Cardea, was there a reason why your survey was only done at these hours? Why wasn't it done during the whole course of the Sunday service? For instance, every thirty minutes, or something like that. Bart Cardea: I did the loudest moments of the service. William Din: So, you chose the loudest moments to perform your survey? Item #26 Spring Branch Community Church Page 40 Bart Cardea: I chose the loudest moments. Yes sir, the loudest moments that were done. Music is usually done within the first half hour of every service. Services are the same 9:00 o'clock and 11:00 o'clock. And, then after that it's usually just the Greek theatre model where you have one person speaking to the congregation. William Din: Were you aware before you started this survey that a lot of the complaints were between the hours of 7:30 to 9:00? Bart Cardea: No sir. I was not. William Din: You were not. Were you aware that it was after 11:00 when some of the complaints were coming in. Bart Cardea: After 11:00 a.m. or p.m.? William Din: A.M. Bart Cardea: Yes sir. Those reports are done both for the 9:00 o'clock service and for the 11:00 o'clock service on Sundays. William Din: Okay. How did you plan out this thing? You must have gotten some information on when? What was your approach to doing this? Bart Cardea: My approach was to find out the loudest moments within the service and to do a measurement of that. And, to also find a time before the service that would be comparable to the natural levels of the sound outside, and I thought that would be and still to this day professionally that would be the way to conduct the study. William Din: Let me ask you then. If the sound of the traffic at 6:00 o'clock in the morning.... Dorothy Wood: That's in the evening I think. William Din: Is that 6:00 a.m. or 6:00 p.m. on Page 1 on Wednesday. Is that evening? Bart Cardea: Yes sir. William Din: Okay. If the traffic is at 70 decibels how can you even discern a 57 decibel reading? Is that because it is closer to the traffic? Bart Cardea: Yes sir. William Din: Are these microphones set up spread across? Bart Cardea: It's not an omni directional microphone. It's very much like the Item #26 Spring Branch Community Church Page 41 microphone that is in front of you. It's a directional. It's what we call a cardio microphones, or what the industry calls that. So, it picks up within this spear of influence. The level of the measurement was taken pointing at the traffic. That's not to say that the traffic would not spill over, and traffic had great bearing upon all these measurement at any time, during or before the services or rehearsals, and also in any of the other locations. As you can see if you look at the measurements as I get further away from Great Neck Road to the back measurements of the church they showed a less decibel reading. So it was quieter back there. William Din: So in other words at these locations you took these simultaneously? Bart Cardea: I took them with usually within 4-5 minute intervals. In other words, they were actually at 11:25. It could have been at 11:24. The time it took me to write down those readings and to walk to the next position that I had to go to. Is that answering your question? William Din: In other words, all the microphones are set up and you walk from station to station. Bart Cardea: No sir. William Din: You're not. Bart Cardea: I have a digital device. It's a sound pressure level meter that followed me, wherever my hand went. And, so I would then do that study, take those measurements and then record them. William Din: Apparently, you didn't take enough to give us a good understanding of the sound in that area, in my opinion anyways. Let me ask you one other question. Bart Cardea: In what area now? I'm sorry. William Din: In all these areas. Bart Cardea: Okay. William Din: Because of the lack of data that we have here. I know there was a comparison made to the type of sound that the residents are hearing, and that's the reverberation, low base sound similar to what is in a car. Is that decibel sound different from normal music sound? Bart Cardea: Yes sir it is. William Din: Okay. So you don't really pick up that low base sound when you're doing these types of measurements? Item #26 Spring Branch Community Church Page 42 Bart Cardea: No, I do not. William Din: That's probably the irritating sound that a lot of the residents are hearing is the low base sound that is just permeating and vibrating the wall that is probably not being picked up here. Bart Cardea: I'm just saying that probably traffic would do in generating that low end also. I would imagine and I know I can feel that sense of low end coming from Great Neck Road that wasn't measurable within my digital device. It's yes, I agree. But that's an assumption on my part as to what the complaint was audibly. All I was to do was measure the loudest point of any given service or event going on there. And, that was my assumption. William Din: Okay. Bart Cardea: I will say this that there was sound that generated from all of the neighboring communities, both south and north. You can hear radios, televisions and things like that going on. And, it was more like unto the same kind of sound that I would hear from my own ears not necessarily readings. It was very similar. William Din: Why weren't sound readings taken on the south side? Bart Cardea: I did take sound readings on the south side. They were not as measurable on the south side as they were on the north. The north side was by far the loudest all around. Also, there is a generator back there that would have affected my overall readings. Air conditioning and things like that, industrial noise that would have great impact upon the reading. Dorothy Wood: Can I ask you a couple of questions. We have such wonderful people on both sides. We have leaders in our community, and it's a very hard decision for us to make. These people are good honest people, and they are saying they are hearing the sound where Mr. Bourdon saying they aren't hearing it. Would you please help me with this? Bart Cardea: There is a sound that comes from any given church or any given neighborhood. You hear it in your neighborhood. You probably don't associate that with noise per say. It's just the sound of a neighborhood, or the sound of a business, or the sound of a community within a church. It's a detached sound. In other words, it's not direction and towards you in essence, it's just a sound that is energized from this localized area. And, I think that's the concern. Also, Mr. Din brought up was possibly there at the low end is creating some unusual sound. I can't measure what they hear in their homes. Dorothy Wood: I know you can't sir, but they certainly are telling us this. One other question. Just from your experience, and certainly we won't hold you to this number, but Item #26 Spring Branch Community Church Page 43 let's say at 7:30 in the morning in a neighborhood. Eddie was talking about lawnmowers and things like that, but hopefully most neighbors would have lawnmowers, what is the average sound in a neighborhood around 7:30 or 7:45 or 8:00 o'clock on Sunday morning when people aren't going to work, in your experience? Bart Cardea: Fifty decibels. Dorothy Wood: Really. Where does that come from? Bart Cardea: It just comes from the wind going through the trees, that type of thing, in just environmental. Dorothy Wood: Wow. Bart Cardea: But 50 decibels is not very much. We're probably listening to 35-40 decibel of air handling in this room right now. I hear it from over here. Dorothy Wood: I hear it too but not until you mentioned it. Bart Cardea: You didn't notice it until I mentioned that. Dorothy Wood: We were asking at one time that the staff had asked their band practice and choir be limited to the hours of 9:00 a.m. to 9:00 p.m., is it not true that before 9:00 a.m. and after 9:00 p.m. on Sundays the noise is less in the neighborhood than it would be during the other times? I mean 9:00 p.m. is pretty quiet in most neighborhoods isn't it? Bart Cardea: I would say yes it is. Now Saturday night or possibly even a Sunday night on a summer or spring it will increase. The level of traffic going down Great Neck Road on a Sunday night will increase. Dorothy Wood: Pretty quiet. Bart Cardea: Sunday mornings are probably pretty quiet. Yes ma'am. Dorothy Wood: So if you're saying that they are hearing noise, but it's a lower noise? Bart Cardea: Yes. But, even at that I think we're missing the point is that there is less than a 60 decibel reading period whether there is less ambient noise, less environmental noise that is just being generated by the community and it's surroundings or not. It is still within the confines of what any neighborhood would consider. Dorothy Wood: Why are children being awakened by the noise? Bart Cardea: That I don't know. That's a hard one. Dorothy Wood: Because I know these are honorable people just as yours are. Item #26 Spring Branch Community Church Page 44 Bart Cardea: I would say that perhaps my integrity was questioned far more than I would question their integrity. Dorothy Wood: We certainly wouldn't question your integrity sir, or anyone's integrity. Bart Cardea: If I may say I would like to not take offense, but I would like to say that, and just for the record, these were accurate readings. They were not falsified. I did no trickery. They were done in a professional manner, and they were done in a scientific manner. Dorothy Wood: I'm sure they were. I was just wondering before 8:00 a.m. because we having nothing here early in the morning when they're talking about sound, nor do we have anything when they're talking about sound after 9:00 o'clock at night. Bart Cardea: No. Dorothy Wood: I wish we had those? Do you have those that you can share with us? Bart Cardea: I don't. I don't have those. I never measured those before 9:00 a.m. or after 9:00 p.m. Dorothy Wood: Thank you sir. We appreciate it. Are there any questions? Mr. Horsley. Donald Horsley: Can you speculate that the noise deal is a different noise, and that's the reason why it's more noticeable? Bart Cardea: Different noise in what? Donald Horsley: I mean, the normal when you hear that music, the D base and all. It's just a different noise. Bart Cardea: D base is a different noise. Yes it is. You feel it more than you hear it. Donald Horsley: That is what these kids are hearing or something? Bart Cardea: Now we're all assuming that if that's the case, I would have to say that I've not heard that inside their homes so I don't know. Again, going back to it as the expert in this, I would say that traffic being generated going down that road at that same time would probably do the same, but may be not to that degree. Dorothy Wood: Let's say Mrs. Anthony lived ten houses back so the traffic from Great Neck Road would be much? Bart Cardea: I would state that lower frequency the more omission the audio is. The omni present it is the higher the frequency the more directional it becomes. Item #26 Spring Branch Community Church Page 45 Dorothy Wood: You certainly educated us today. Thank you sir. Bart Cardea: Thank you. Eddie Bourdon: If I could Madame Chairperson. I would like to address one thing that you indicated that I had said. I certainly didn't say that there was no noise. I clearly indicated that there were higher readings during the service, but those readings were all in the low 60 db. Dorothy Wood: Thank you. Joseph Strange: I have a question that I would like to ask Michael if you don't mind. Dorothy Wood: Sure. Joseph Strange: When Eddie brought up the fact. Dorothy Wood: I think Mr. Waller has a question. Then we'll ask Mike if he could come back up. John Waller: We have lot of churches coming through here asking for this and asking for that and generally they get it. There is very little opposition. And, this is the first one that I think in this petition, 84 people signed this thing and they are upset at the church. So, the church is doing something wrong to get these people riled up. And, I think they got a good reason. All those people can't be wrong. All these people can't be right. Dorothy Wood: Thank you Mr. Waller. Thank you. Mr. Goodove, would you mind coming back up? I think Mr. Strange had a question for you. Michael Goodove: Yes sir. Joseph Strange: I just thought Michael should have a chance to respond to Eddie's comment that there were very few people in the community who was opposed to this. He said the civic league didn't seem have any opposition. Eddie is shaking his head? Eddie Bourdon: I said the civic league has met on the subject and they chose not to take a position in opposition. Joseph Strange: Okay, they chose not to be in opposition. Eddie Bourdon: I didn't make any reference to the number of people. Joseph Strange: Maybe I misunderstood you. I thought you said that they were just a small people of emotional people that responded to this. Maybe that wasn't the word that you used. Item #26 Spring Branch Community Church Page 46 Eddie Bourdon: There is a core group of opponents that live adjacent to the church, with whom we have been dealing with on this issue. Joseph Strange: So, are you saying that and maybe I misunderstood you. Are you saying that the civic league has not chosen to oppose this? Is that what you're saying? Eddie Bourdon: That is correct. Joseph Strange: Okay. That is all that I'm asking him to do is respond to that comment. Michael Goodove: The thing I could respond. Ms. McQueston is on the civic league. Actually, the majority of the neighbors in the neighborhood with who I spoke with and the other members have spoken to her are opposed to it. Unless it's in your backyard most people aren't going to come out in the middle of the day while they're working. I appreciate the opportunity to respond. The first we heard of the church was doing anything was when I was contacted by Mr. Bourdon about five or six weeks ago. I have nothing but the utmost respect for Mr. Bourdon. In fact, I contacted him to represent the neighbors, and he had mentioned that the church talked to him. In that conversation I asked for him to share with me the readings that were taken, and he declined to do so which is certainly his prerogative because I knew they were going to have a sound engineer out there, and we wanted the opportunity to either be involved in the sound readings, even have them taken in our houses and taken in the neighborhood or wherever, but being involved so we could come together and build a consensus and make sure that the date you're looking at was objected from both sides. Mr. Bourdon said I will share them with you but when we meet and he provided some dates in June and some dates in July. And, with the summer season we couldn't get everybody together until the early part of July. So, we just saw this report approximately a week ago. And, we showed it to people in the neighborhood and what was jumping out and talking to people the service was the loudest part of the service was at the beginning. This came from the church them selves. They shared with us how the music program ran at the church. I think they shared the music in the first eight minutes is the loudest. What's it called the Prelude? There is something at the beginning for the first eight minutes and then towards the end. We didn't see any static reading. As what Mr. Waller pointed out that was a concern that I had. I just want to bring the information to you all because we all just neighbors. I don't do this type of work for a living. We have not had an opportunity to respond to it except just to critique what we have received. And, we have tried to build a consensus. We've asked them to move the glass to the back so the glass that faced the parking lot they refused to do that. We've asked them to construct a fence or a brick wall if you will so there is a physical separation and heavy landscaping along that property. They declined to do it. Today, they said they could do it on their property if they wanted to do it if they wanted to rebuild the berm. And, we do want to come together because they are there, and they are our neighbors, and we want to be good neighbors to them. But, in my house I don't have a thousand people looking out of my window in to my neighbors' window. With a large glass atrium like this, and what you can't get is that it is going to be a 2 — 2 '/2 space with light. There is a spot where they are going to have a bookstore Item #26 Spring Branch Community Church Page 47 that you can stand on the second story level and look across. You'll be able to look into Mrs. Linginfelter's pool area as well as her house. That is an invasion especially with the number of people back there. We hope the church grows. We expect the church to grow. But we don't have that quantity of people coming through our neighborhood invading our neighbor's privacy. This church, which is a Conditional Use, is sitting on residential property. It's zoned Residential. We just want it used as a church consistent with residential use. And, we don't expect that which what's been proposed particularly with the glass structure. The structure that is proposed to me looks entirely different in the elevations that were approved before, plus if you drive up and down the Great Neck Corridor as well as the Shore Drive Corridor and you compare that structure to other church structures that have been approved by City Council, that structure is more similar to the recreation center which sits all the way in the back not immediately against the neighborhood. It's more of a commercial appearing structure when you add that glass you increase the noise issue as well you take away from the core of the residential components of our neighborhood. Dorothy Wood: Sir, I think in the conditions you'll see that the Board of Zoning Appeals did approve the 49 foot height and that is just like the glass atrium in 1997. So, I don't think that is anything we can decide today. Michael Goodove: I think if you look and I don't do this type, and Mr. Bourdon may speak to it, but if you look what has been approved in the Conditional Use Permit that was approved it was conditioned upon the renderings and they're attached as exhibits. And, those renderings actually have elevations. I would beg to differ with Mr. Bourdon and we can look at it. Those elevation renderings that were approved that face our neighborhoods, the renderings that I saw before I purchased my home and everybody else notice when they purchased are dramatically different in height character of them and the width of them. You do have the power to restrict architecturally what they're doing. That's our concern. You do have that power to restrict it architecturally. We think that is a significant difference from what is approved had it not been conditioned on those renderings, I would agree they have to comply with adequate zoning. I don't do this type of work, but the intent and I think you have to look at the intent of the prior Planning Commission that many of the members may have been on as well as City Council at the time was to condition that approval on specific renderings. Those renderings are much more consistent with a residential community. From an aesthetic point of view as well as from a noise issue, because when you have an outer covering of brick and less glass you're going to get less noise. They are going to have receptions in there, which they should. They're a church. I would propose that you're probably going to see the band members that currently play playing in some of those very receptions that are going to be there. The glass is an insufficient insulator, and this report does not address the perspective noise issues that we're going to face if this structure is approved that they're not currently approved for with the glass, with the chapel closer. It doesn't address it. I'll be happy to respond to anything. Item #26 Spring Branch Community Church Page 48 Dorothy Wood: As you know, we only, thank goodness, advise City Council. And, maybe you can have the sound readings before you go to the governing body. Michael Goodove: It takes courage to stand up against a church because a church does have a good purpose. The reason that we ask the Planning Commission to take this stand is, because if its not approved by the Planning Commission, it is something that City Council can rely upon so the decision is not to particularly political decision. If we can go to City Council and say this issue was hashed out with the Planning Commission and they did not recommend it, it gives City Council, for lack of a better word, a way out if there are political issues. And, this church does have very political connected people in the City who will talk to the City Council. And, we're looking for help from the Planning Commission. I know that this is an appointed position. You are giving time out of your day as a way to come down here. We would just ask for your support in our opposition to it. Dorothy Wood: Thank you. We have hashed it out today. Thank you. Michael Goodove: Thank you. Dorothy Wood: Eddie, I guess you get another three minutes. I don't know the rules. No, I'm sorry Eddie. Mr. Loving. Gene Loving: While I'm waiting for Eddie to speak, I'd like to speak to the neighbors. Dorothy Wood: Mr. Loving, we would certainly appreciate that. Gene Loving: Obviously, we employed Eddie to represent us. Dorothy Wood: Sir would you mind? Gene Loving: Gene Loving again. I want to talk to the neighbors. Dorothy Wood: As long as he can hear you on the mic. Gene Loving: First of all, I think there is definitely some kind of miscommunication, and I tried to mention this earlier when I spoke. There are several people that are on this committee that are just like you. We live in neighborhoods. We're not there as paid employees. We are volunteers. We would be very foolish not to listen to the people in the neighborhood who are neighbors with whatever their complaint is. And, I think you and I want to walk over to this drawing for just a moment if I can. Earlier I said that we have glass there now and we have a glass atrium. This is all glass. This entire area is glass. This is a glass atrium. So, when this is built this glass stops and it sort of goes out this way. So, it's though we are dealing with just a brick wall there now. We're kind of moving the glass from one place to another. We can hold wedding receptions there right now. We do that. The point that I want to make clear as a pledge from our committee is Item #26 Spring Branch Community Church Page 49 that we would be foolish to allow an amplified band to go into that atrium and play loud music. Because we know immediately that it is going to offend the neighbors next door. Unknown: They just did an outside wedding reception. Dorothy Wood: Would you please let Mr. Loving finish? Gene Loving: We had that atrium there we'd be inside. And, obviously weddings and a church reception and if somebody wants to have a real loud party I think they are going to rent the country club. People that want to have their wedding receptions at a church know that alcoholic beverages are restricted. Usually they hire a small combo or strings. That's the kind of receptions that are going on there right now. We certainly know that this opposition would not in any way want to see the kind of music I think you're talking about. All of this is speculative. And, at the end of the day we already have permission to build essentially what we're asking to do there now. And, I think there is really a misunderstanding about this amount of glass, and we're willing to talk about that. The last thing that I want to say to the Commissioners is that we really have tried to be attentive to what our neighbors have complained about. And, these readings were taken simply for us to find out what exactly what the sound was there. If this sound would of been extremely loud, we would have made a different proposal. We can fix something that doesn't exist. The other thing that I want to clarify is that we did not put in a new sound system. All we simply did was to take the sound system that was there and try to turn the monitor speakers a different way or to turn down speakers that were there to try to address some of these issues. -So, I just wanted to make sure that you understood we didn't go out and buy a brand new sound system to try to work on this problem, but we tried to work within the system that we had to make modifications. Dorothy Wood: I'm sure, Mr. Loving, you know as much about sound as anybody in the room. Would you please answer for us why do you think the children are being awakened at 7:45 in the morning? If the sound engineer says there is no sound. These are good people, and they hear the sound. Gene Loving: Madame Chairperson, I think that if you stand outside of the church you're going to hear sound. And, if someone is a light sleeper and they hear this sound, I'm sure it could wake them up. We're not in a position to argue about that. I take their word for that. Dorothy Wood: Okay. Thank you Mr. Loving. Okay guys. Joseph Strange: I'll go first and just say that Mr. Loving just answered it all as far as I'm concerned. He said that he was sure they were being wakened up because he could hear sound and they were being woken up. So, I think that's the argument. I personally don't think that the church has done enough to deal with these issues. I don't think I'll be supporting it for that reason. Item #26 Spring Branch Community Church Page 50 Dorothy Wood: Could we maybe ask Mr. Loving one more question if they would be willing? Mr. Loving, you said that wanted to work with the neighborhood, and I believe that you're the chair of the building committee. Gene Loving: Bob Widener is the chairman of the building committee. Mr. Widener is the chairman. Dorothy Wood: Maybe he is the one I should be asking. Gene Loving: Yes. Dorothy Wood: Thank you sir. Gene Loving: Yes. Just again for clarification we measured the sound at the legitimate times. And, I want to clarify this, and the reason why it was not an 8:00 or 9:00 measurement and then a 9:00 — 10:00 measurement, the rehearsal between 8:00 — 9:00 and prior to the service is the same sound that's played at the service at 9:00 and played again at 11:00. So, by measuring again at 9:00 or 11:00 your also measuring what's going on earlier in the morning. Dorothy Wood: Except the outside sound. Thank you. Would you please give us your name one more time? Bob Widener: Bob Widener. Dorothy Wood: Thank you sir. I don't know how the people are going to vote, believe me. After all of this, and we've been here for a while talking about this, and I know you have been here since noon. We've been here since 9:00 a.m. thinking about it. Do you think that number five, the choir and band should be limited to the hours of 9:00 a.m. — 9:00 p.m. is unreasonable after hearing everything that we've heard today? Bob Widener: Yes ma'am I do. Dorothy Wood: I just wanted to ask. Bob Widener: I just would like to clarify just a couple of things. And, again as part of apologies because this entire group is volunteer. Dorothy Wood: As we are sir. Bob Widener: Right. As far as the details, the church did not buy a whole new sound system, but it did spend monies on adding to equipment to better control the sound from the band to change the monitors. We did a lot of things along that way. Item #26 Spring Branch Community Church Page 51 Dorothy Wood: I think it would bother a lot of people if their children were awakened on Sunday morning. Bob Widener: I would agree. That is the reason why we went to the trouble and effort to make sure we got the sound studies done and 50 decibels. Had that report come back like the traffic reports showing 80 — 90 decibels, we would have definitely taken a harder look, and we would have had something to work with, but when you're talking 50 decibels, 50 sound decibels and the decibel reading difference only being 2, 3 or 4 decibels, which is and I'm not the expert but according to Bart is almost inaudible. You cannot tell the difference between 52 decibels and 55 decibels. It almost has no impact whatsoever. Dorothy Wood: I do believe he said that the lower they come they could be awakened because of the lower noise. I don't know sir. Thank you. Are there any questions? Barry. Barry Knight: While you're up here, I'll kind of tell you where I stand. First of all, these young people that you have are very articulate and very eloquent. I can tell by that your all doing a good job as you're having some influence on them. Bob Widener: Thank you. Barry Knight: I'm a property rights advocate within reason. And, I think a person ought to do with their property within reason, but you have to weigh the detriment to the neighbors. And, the neighbors have come up here, and they said it is to the detriment of them. And, we all know that you all are honorable people, and they are honorable people. We look like we are at an impasse. I'm not so concerned, and maybe I should be, but not so concerned about looking in their property. They have neighbors that probably look in there. They are going to pull their curtains. They know there going to have Category 4 landscaping. It's going to grow up and probably help that in a while. I think the church recognizes now they probably need to better monitor their property. I think you all realize that. I feel confident that you all will do that. But, life is full of compromises. And, yes, you all can go forward now with no restrictions, but we have a certain piece of leverage if you will right now. That if you want to proceed forward and if you want some of our votes. I think you heard from one or two of our Commissioners, I'm here to say that you do have these young children and sometimes they'll sleep until 9:00 a.m. They may go to bed at 10:00 o'clock. Maybe different hours, but I would look a lot more favorably on your application if it would go to what the staff recommended was 9:00 a.m. to 9:00 p.m. So, you've heard Mr. Strange. You got an implication from Chairman Wood, and you've heard my position. I think it is something that I would really, really like to support your application. I think you do a wonderful job in the community, but I have to look out for these neighbors too. It's a compromise. And, probably maybe if you all go with a compromise and both sides are mad at me maybe it's okay. But, that's kind of where my position is, and I just want you to know where it is. Item #26 Spring Branch Community Church Page 52 And, maybe you all are hard, firm and fast but maybe you may want to reconsider your heels dug in. Bob Widener: May I respond to that? Well, again this term of our heels being dug in again, it's sort of and I have to be honest breaks against me just a little bit. We feel like that by no means digging our heels in at all. We've been given some issues and concerns, and we are extremely concerned about those. We stopped immediately. We continued it from the last Planning Commission meeting. We immediately went to work. We put our architects in place. They removed what's been called an amphitheatre, which I always thought of being an outdoor facility, but we removed the theatre, the learning center. We changed our plans. We did several things in response. We monitored our services. We put our sound engineers in place to see and again, I honestly don't know how to respond if what we're showing you is that the sound levels, and we took random readings before and during the service through the loudest points when the band is playing and when the difference there is so minimal, I just don't physically don't know what we could possibly do to change it. Barry Knight: Mr. Widener, I'm not going to expand on the subject any more but to tell you that the neighbors are still here. They're still back there. And evidently, they still have a concern, so based on their concerns, and I really do want to help you, I stated my position, and that is kind of where I'm going to stay. Bob Widener: Okay. Thank you. Dorothy Wood: Mr. Horsley has a question. Donald Horsley: Mr. Widener before you leave can you come back? We've had, and I've got the fullest confidence in your study, but I'm going to tell you what. I don't know what the 60 decibels sounds like. Maybe we need to bring a boom box in here and show us what 60 decibels is. Is there anyway, and I hate to defer this again, but if we took 30 more days that you could work, and you got the man in your church to work with the neighbors and let him do some sound testing in their homes when they think the sound is the greatest at the church, and then do some more testing to provide and Will has asked for some other times which I think you kind of addressed it. Is there anyway you can get that done and bring us that information back in 30 days? And, it may be a possibility in 30 days that one of these Wednesday in the evenings you might see a Planning Commissioner show up in front of the church to see what it sounds like. Bob Widener: We've love for you to be there. I physically have walked that property. I've stood out at the property lines. I just don't hear or sense. Donald Horsley: That is what I'm saying. We don't know what these people are hearing. You say you know what they're hearing, and I can relate it to when I'm running a tractor, _ I know what I'm hearing, and I don't hear anything, but someone else comes up and they can't hear me talk because they hear the tractor. And, it's the same thing I think what Item #26 Spring Branch Community Church Page 53 we're talking about. So, I hate to vote anything down, because I'm not sure it's the right thing to do especially for a church. We got away with one today. But, you know trying to meet in the middle, and if your sound man, which you got in your church would work these people and bring us some figures in the next 30 days and we'll give you a vote. Would you do that? Bob Widener: I need to check with a couple of people here. I don't honestly know. Dorothy Wood: If you're willing to discuss it, and then you can let us know. It's a great idea. Bob Widener: Can you give us a second? Dorothy Wood: We're going to go on and discuss the issue. Okay. Mr. Ripley. You had your hand up I believe. Ronald Ripley: No, I was just saying we need to get into discussion, or we'll be here all night. Eugene Crabtree: Dot, one thing. When they talk about sound you can talk about lawnmowers, generators, automobiles all you want to and that's not the same sound that you get from a base vibrating that just shakes your inners when you hear it. Now, I can sit in my house and I can hear the base that's over a block away. The interstate is only two blocks away and I don't hear that because it's a different sound. But yet the interstate is probably just as noisy as that but that vibrating base and I'm hard of hearing. I wear a hearing aid. And, I can hear those without my hearing aid and this is vibrating. There's a different sound between vibrating and normal dbs. Dorothy Wood: Thank you. Do you have something? Ronald Ripley: Yes. You know this whole matter, and the purpose of the Use Permit is to assure there is compatibility between the two uses. We have a church and a neighborhood, and we want to make sure that church is compatible. And, yes they do have a Conditional Use Permit to build a structure now, and they can do that and they can proceed. And, this is not a problem. But what's happened in the meantime, this church has been built, and the Conditional Use was issued before it was built, and the congregation has grown, and it's really gotten to be a very large congregation. They have needs that seem to be extraordinary. And, they're applying pressure to the neighborhood. So, this Use Permit is healthy to where we're going because hopefully you can mitigate the problems between the two uses. And, that's what we're up here doing. That is what we're trying to accomplish. Two or three things that kind of jump at me, and to me there are solutions to them. I think in the buffering, and I'm not sure but staff might clear this up. Is the landscaping buffer that is suggested in the condition is that the entire northern boundary, or is that some abbreviated boundary? Item #26 Spring Branch Community Church Page 54 Faith Christie: The entire boundary. Ronald Ripley: The entire boundary. That's good. That solves a question I had. The other had to deal with timing. I hear you trying to get the church to agree to is a timing, but quite frankly I think it's up to us at this point. I think what staff has recommended is fine. And, quite frankly I think you just go with what staff recommended. I think you have to place some constraints here because you just have to in this situation because of the type of sounds that are coming out of there. As far as the atrium is concerned, and I didn't really think about until Mr. Loving got up and mentioned that the glass is there and that makes a whole lot of sense. But if we're going to have glass and lights brought closer to the neighborhood then I think we can add something to the provisions that any exterior lights or any interior lights that bleed to the neighborhood have to be approved by the Planning Director so that we make sure. If you lighting in this atrium that are down lights and are very nice that are not bleeding out into the neighborhood and those type of controls and I think Mr. Scott has the staff to look at and I think that could resolve that. To me there are solutions here. I think we've been here a long time, and I think there are solutions. I think if you want to take it a step further, and as Don has suggested, do some more testing and that's fine. But, I think we could probably make a decision and move on personally. Dorothy Wood: I guess they said the sound testing doesn't take the low. Ronald Ripley: I thought that was pretty interesting. I thought your amount of questioning was very good. So, those are my comments and if we do get to the point of making a motion, I would like to have the opportunity to massage some of these conditions with some of those things that I've said. Dorothy Wood: Would you like to make a motion, and we can still discuss it sir since you have the floor? Would you rather me go down there first? Ronald Ripley: Somebody may have something they wish to say. Eddie Bourdon: Since the question was on the floor before you made a motion. Dorothy Wood: There hasn't been a motion yet. Eddie Bourdon: Potentially, there was a question to ask before there was a motion, because I don't think I can come up when there is a motion on the floor. Dorothy Wood: Okay. Eddie Bourdon: We would like to invite the entire Planning Commission to come out and to stand outside during the service. We would take a 30 deferral for your presence to come out and listen to the sound outside the church during the service. Then we will also gladly continue to dialogue with Mike and his folks and see if there might be some Item #26 Spring Branch Community Church Page 55 ability, and I doubt it, to change some of the glass atrium size, although the plans that are currently approved also include a two-story glass atrium. We're very happy to have you all come out, and we would gladly invite you to come out to a service both to attend inside and outside during the playing of the music at the church. Dorothy Wood: At 8:00 a.m.? Thank you Mr. Bourdon. Eddie Bourdon: 9:00 a.m. would be okay. Dorothy Wood: Thank you sir. We appreciate it very much. Eugene Crabtree: Dot, I would like to make a motion. Dorothy Wood: Let me go down this end first please. Comments? Kathy? Kathy Katsias: I'm in favor of deferring it and taking Mr. Bourdon's invitation and attending the service. I think the church is doing a wonderful job with their youth ministry and the congregation, and they're growing by leaps and bounds. I also feel for the neighborhood, and I think the church is showing some flexibility at this time, and I think within 30 days, I think we can have a mutual understanding and have a favorable vote. That's my position. Dorothy Wood: We've heard from Don? Joe. Joseph Strange: I won't be against the deferral if they want to defer it, but I still think these issues need to be worked out with the community. I think, like you say it's a Conditional Use Permit and it should be compatible with the community there. So, the way I understand that anytime you put something in a residential community like this it has to be compatible with the community. And, I see too much opposition for it at this moment. So, if they want a deferral, I'll be glad for a deferral. I think the deferral needs for them to come to some type of compromise to work out things between them. I don't think we can work out a compromise up here because we're not involved with it. The church seems to be taking a stand that we can do without this music after 9:00 o'clock at night. We got to have it for whatever reason. I don't know what that reason is because I'm not a member of the church. I don't know exactly what your needs are and I'm sure they have a reason for it. I just don't know exactly what it is. And, the community knows that the noise that is wakening them up or keeping them up. I think they need to try and sit down and work it out instead of the last time. What's it been two months since they were here before and we send them to work it out together and it doesn't seem like anyone got together until a couple of weeks ago. Dorothy Wood: Mr. Waller, do you have anything to add? John Waller: I vote for a deferral. I think there is a sound issue. A deferral isn't going to the community's problem. The noise is bad because they wouldn't be here fussing about Item #26 Spring Branch Community Church Page 56 it. Dorothy Wood: If we do defer it, do you think we'll be any closer in 30 days? I mean not doing a sound survey and just us coming out and listening. Donald Horsley: I was hoping that they would send a sound man in to these homes and give us that information. Dorothy Wood: Rather than us going out? Donald Horsley: Something waking up kids. Back to the timing issue that 9:00 o'clock and 9:00 o'clock or 8:00 o'clock or 10:00 o'clock, I mean you're going to have noise regardless. You can negotiate an 8:00 or a 9:00 or 9:00 and a 10:00 or whatever but you're talking about an hour. I think negotiating something that we think we can deal with and I think you can either live with or you're going to live without it. That is what I think. Dorothy Wood: Mr. Ripley after Mr. Knight, would you please go and work on your motion? Mr. Knight, please. Barry Knight: Seems like we have two school of thoughts within the Commissioners. One is to possibly defer and the other one is to possibly massage some of these conditions the main stumbling point being the 9:00 a.m. to 9:00 p.m. I personally don't see deferral is going to accomplish anything. It's been deferred before, and the neighbors are still here, and if we go out and get these different readings and the neighbors still come back they're still residents of Virginia Beach and property owners just as the church residents are, so I'm going be more inclined to want to go ahead. I don't see where the problem is going to be resolved whether we give it 30 days or 60 days. I personally am willing to go and vote today whether its up or down as a recommendation to City Council, but I would like to see it as staff has it 9:00 a.m. to 9:00 p.m. because there is a difference as the noise man says between the ambient noise at 8:00 o'clock in the morning and 9:00 o'clock in the morning. And, the other thing is there are probably more people asleep at 8:00 o'clock in the morning on a Sunday then there are at 9:00 o'clock. So, that is just my position. Dorothy Wood: I wonder if we could change it to have it 8:00 in the morning. They won't start before 8:00 a.m. Never mind. Donald Horsley: I think there reason for not wanting to go with 9:00 is because their rehearsal time and their service starts at 9:00, so it makes it kind of impractical for them to rehearse. So, they will be in there trying to rehearse and little bit uncomfortable. Barry Knight: I understand that. I know they have rehearsals on Wednesday night and different times. Item #26 Spring Branch Community Church Page 57 Dorothy Wood: Didn't they say they would be willing to go with the hours of 8:00 a.m. and not have any music. William Din: I don't think whether we have 8:00 to 10:00 or 9:00 to 9:00 is going to make a big difference. If a band is practicing they can practice without the sound or without the sound turned up to the volume that is needed. To me, it's an option that the church has. That is their prerogative whether they're practicing at full sound or practicing at a lesser sound without amplifying it. To me, what we have here, and I agree with Barry deferring this thing is probably not going to be the best thing to do. I think the sound issue is there. I think the church understands that. I think the growth of a church is good. I believe that. I believe this church is doing great things out there. I think the neighbors have a legitimate right here. They have a property right that we must also observe as well as the church's. I think there should be a compromise here, and I'm not in favor of deferring it. I'd rather go ahead and vote on this thing and vote on it as it is. I think the church can do within their powers right now to control the sound. And, they can control it any time they want to control the sound. They choose to operate at full speed. I think that is upsetting the neighbors, and if they weren't willing to work with the neighbors I think they should be willing to change their operation. So, at this point I'm not in favor of church expansion and not for the reason that I don't believe the church is doing the right thing. I think they are. But, the Conditional Use means compatibility and compromise, and I think it has to be an acceptable neighbor for everybody also. Dorothy Wood: Thank you. Mr. Ripley. Ronald Ripley: The motion that I want to make then is going to be on Item #3, when I add exterior lights and interior lights that bleed to the exterior shall be approved by the Planning Director. That's in addition to Item #3. Item #5, I want to modify that by saying playing amplified music, choir and band practice shall be limited to the hours of 9:00 a.m. to 9:00 p.m. Dorothy Wood: We have a motion by Mr. Ripley. Barry Knight: I'll second it. Dorothy Wood: Is there any other discussion? I think that were giving them everything else that they want. They got every other thing except for the hours. Ronald Ripley: Right. I did add amplified music. Dorothy Wood: I know. That's even better than what's in there now. As you know, we're just a group that advises City Council. You can all show up there at 6:00 o'clock whenever they have it and I'm sure they'll be glad to hear it. Donald Horsley: Sir, the deal with the atrium, you going to leave that alone? Item #26 Spring Branch Community Church Page 58 Ronald Ripley: I dealt with that with the lighting. Mr. Scott is going to make sure that lighting isn't intrusive to the neighborhood. Donald Horsley: Didn't he mention something about moving the glass part of the atrium in on that plan? Dorothy Wood: I'm sorry, did you have something to say? Are we all finish talking? Jan. Janice Anderson: I just want for clarification. The way it was said was the landscaping buffer. My understanding was the double Leyland Cypress were not all the way down the property. They are? Ronald Ripley: That's what staff said. Janice .Anderson: They're all the way down. Ronald Ripley: Faith is shaking her head no. Janice Anderson: Yeah, that is what I understood. It was just to the building and then your regular landscaping was further down the parking lot. I'd like to see the double Leyland all the way down because half the noise you hear is the people in the parking lot and they're getting in and out. So that is one change and with the rest of your motion. Ronald Ripley: I would add that to the motion. I was under the impression based on the question that I asked. Janice Anderson: I wasn't going to question it because I thought it was going to be deferred till later. Ronald Ripley: Does the second accept it? Barry Knight: I'm fine with it. Dorothy Wood: Is the second okay with it? Barry Knight: I'm fine. Donald Horsley: Can I ask Mr. Scott a question? This is a Conditional Use Permit, Bob, and there is no timeframe on it? What happens if complaints, which are going to happen, what happens then? Robert Scott: We would have to make a finding that there are two types of problems. If there is a finding that the conditions weren't adequate to satisfy all the concerns there is not going to be much we can do about that. However, if there is a finding that they are Item #26 Spring Branch Community Church Page 59 not in compliance with the conditions that were set that is something we can do something about. Another way to do it, and I don't suggest to you to attach this part to any of the physical improvements, but maybe to some of the operational improvements as they be specified that there would be some review after a certain period of time say a year or something like that. Donald Horsley: Because we know we're going to have complaints because they are going to hear noise. It's going to come to you. Robert Scott: The noise that they hear is within the limits of the time that you set as a condition of the Use Permit from a zoning enforcement point of view. There is not going to be much that we can do about that. Donald Horsley: From 9:00 to 9:00 they can play as loud as they want too. Robert Scott: There are other underlying laws and maybe Bill can talk about that but there are nuisance laws that need to be applicable here as well. But, just from a zoning point of view if we find that there obviously noise coming from that little musical nature that are outside those time limits that you set that is an enforcement issue that we have to talk to them about. Dorothy Wood: Are we ready to vote? AYE 8 NAY 2 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE NAY DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABSENT RIPLEY AYE STRANGE AYE WALLER NAY WOOD AYE Ed Weeden: By a vote of 8-2, the application of Spring Branch Community Church has been approved by the Board. Dorothy Wood: And again, we thank you all for coming. We're volunteers as you are and we hope that you all can work it out. Thank you very much. To the city council and concerned parties in regards to Spring Branch Community church's expansion plans: My name is Alicia Godfrey Ray. My brother John Matthew Ray and I own approximately 8 acres in, back of Spring Branch Community Church. Our mother; Sarah Godfrey Ray sold Spring Branch the approximately 10 acres they now own on Great Ne& Rd.. There are a few issues we're concerned about regarding the church's current expansion plans. In the contract between. our mother (now deceased) and Spring Branch, Spring Branch was to maintain a 1 acre no build buffer zone between our property and theirs. The contract reads "Said Site plan shall further provide for aesthetically pleasing and privacy enhancing landscaping on the Property adjacent to Seller's remaining property at the Buyer"S expense. The purpose of which landscaping is to screen and buffer the two properties from each other, and the parties hereto covenant to respect and protect the access, privacy, and utility service rights each of the other, in a spirit of cooperative development. Said site plan shall further provide for a one acre `no build" buffer Zone on the portion of the property immediately adjacent to Seller'sretainedproperty."So far there has been no "'installation of any privacy enhancing landscaping between the two properties: Our property and the church's property are not divided by.a straight line butrather two "L"or "J" shaped pieces fitted together. When we agreed to 'sell the church what we call the .side field, we were assured that thebmp(retentionpond) would go in,this small strip to the south of our property. Those plans were changed as the=church worked.. out the details with the city. The .reason we were so concerned that the burp went there is tliat if would protect our privacy: Now the church wantstor extend their parking lot into that -back corner. The..church's plans to extend the parking lot in the back of the property brings upseveral concerns. One is the preservation of the existing tree4ine between the two properties, another the addition of the landscaping buffer in any gaps between the tree -line and the two properties, another is respecting the 1 acre no build buffer zone between the two properties, another the minimization of parking lot lighting: Blinding light already floods all of our yards each night, The current level of lighting in the existing parking lot is already excessive. A huge blinding light pointed at:our house shines directly in your eyes, whenever you look towards Great Neck Rd. from dusk to dawn. We would also like the city to make sure the drainage is done properly to assure no run-off through our property. Runoff `from the construction of the church and parking lot has already caused erosion and drainage problems to our property. Their delay in removing a huge pile of dirt from the back of the construction site for several months caused many of the surrounding yards (including ours) to flood every time it rained. We would appreciate them taking extra care to make sure the no -build buffer zone is respected and that enough of the existing tree -line between us be kept, as well as enough of a landscaping border .be added in any gaps to insure our privacy. They put in a large berm between the house and the church when the church was built and have yet to landscape it The berm is fine but a berm is not "aesthetically pleasing and privacy enhancing landscaping". The house on our property is over two hundred years old, and.has been in our family for over 100 years. We're working on restoring it and would very much like to preserve as much of a colonial :historical farm feel as possible. Sunday mornings are now.noisy and hectic. It will take you ten minutes to get out onto Great Neck Rd. if you want to run up to the store when church service starts and ends. When the church has a concert you can hear it inside your house. Now they want an amphitheater. We just want to preserve our quality of life. R, S, T, L, S 9 G Fax : 757-626-1003 Sep 1 -�� cra-A4, September 2, 2003 Michael Goodove 2285 Souverain Ln. Virginia Beach, VA 23454 Via Facsimile 426-5667 Virginia Beach Planning Commission ATTN: Ms. Ashby Moss Municipal Center Building 2, Room 115 2405 Courthouse DR - Virginia Beach, VA 23456 2 2003 11:05 P.01 ous I.eAeFs -ntarr, f1�.igh,�a�s RE: Spring Branch Community Church (# I04-211-CUP-2003) Dear Planning Commission, My family lives at 2285 Souverain Ln. which is located in the Reserve at Great Neck subdivision. My residence is immediately behind the main auditorium of the Spring Branch Community Church. I was informed last weekend that there has been a request to expand the Church which is scheduled to be discussed at your September 10, 2003, meeting. The proposed plans include increased classrooms, a theater, a food court and a large chapel. I have lived in my house prior to the Church being constructed and have had an opportunity to observe the property since it has been developed. While the Church has been a good neighbor, I am writing to lodge my objection to the approval of the requested variance. The Church borders several neighborhoods along the Great Neck corridor and already varies from the surrounding architectural scheme, The proposed expansion would dramatically enlarge the current structure and change the character of the surrounding residential areas. The current structure already exceeds the height restrictions prior to the existing variance. The increased traffic, noise, lighting along with the decreased green area and open space will adversely impact upon my property value and is inconsistent with the existing zoning and surrounding residential neighborhoods. The pxoposed additions appear more like a commercial building or a community recreation center than a typical church structure and are not appropriate for a residential area. Currently, contemporary rock bands perform and practice at the Church on a regular basis and can be heard throughout my neighborhood. The addition of another theater would increase the level of noise to our residential community and would severely alter the purpose for which the original conditional use permit was granted. The proposed structures Page 1 of 2 R, S, T, L, S & G Fax:757-626-1003 Sep 2 2003 11:06 P.02 would create an undue hardship to my neighborhood and residential property. Due to a scheduling conflict, I may be unable to attend the September 10 meeting and request that you consider my objection and require the Church to comply with the existing zoning, conditional use permit and any prior variances. If the Commission would like to contact me to discuss this matter, I can be reached at 622-3931 during the day. Thanking you for your assistance and consideration, I am Very truly s, Mich 1 L. Goodove Page 2 of 2 Virginia Beach Planning Commission ATTN: Ms. Ashby Moss Municipal Center Building 2, Room 115 2405 Courthouse DR. Virginia Beach, VA 23456 RE: Spring Branch Community Church (# I 0 4 - 211-CUP- 2 0 0 3 ) Dear Planning Commission, As a neighboring resident to the Spring Branch I feel a need to express my concerns over the additional expansion of a non-residential building in an entirely residential area. 1. The first area of concern is traffic. This will increase the potential for accidents. It also creates a nuisance for the surrounding neighbors or anyone trying to get down Great Neck Road. Before Spring Branch is allowed to grow in size this issue needs to be addressed. 2. Issue number two is the noise impact that Spring Branch has on its surrounding neighbors. There is no buffer zone that exists between Spring Branch and its immediate neighbors. As it is, the neighbors currently are respecting the noise level of services on Sundays but an addition of a `theater' to this Mega structure will increase the noise level in both frequency and volume which will increase tensions. 3. Another area of concern is the lack of maintenance of the existing property. The drainage ditch in front of Spring Branch is a mosquito, frog and snake infested swamp that is completely overgrown with weeds. The area behind the parking lot does not get mowed unless the surrounding neighbors call the police and ask for this to be taken care of. This is a waste of tax payer money and an inappropriate use of our Police officers who now are dealing with the mowing of lawns instead of stopping local crimes. 4. The fourth area of concern is the lack of parking that already exists for Spring Branch. Parking is sorely lacking already and Spring Branch has people parking in other places and being bused in. If this is an issue now and Spring Branch is allowed to increase in size and members then what will be next... a parking garage in a residential neighborhood? Already Spring Branch members park in the surrounding neighborhoods and trespass through adjoining yards to get to Spring Branch. 5. Another concern is safety since there is no priest, minister, or pastor living on this property. It has often been used for many different activities beyond those sanctioned by Spring Branch. Like everyone else we have worked very hard all of our lives to be able to live in our home and provide a safe and happy environment for our children and the changed plans by Spring Branch brings up many concerns for our family. There has never been any communication between the owners of Spring Branch and the surrounding neighbors except for police calls by the local neighbors which still does not resolve the situation. In conclusion there are a lot of concerns of the surrounding neighbors and these must be addressed before further additions are allowed to this Mega structure in a residential area. Is this something that you would want to live next door to? Sincerely, Tuan and Colleen Nguyen Ashby Moss - expansion of Spring Branch Church From: "Marsha Anthony" <Marsha@TomAnthony.com> To: <amoss@vbgov.com> Date: 9/3/2003 9:28 AM Subject: expansion of Spring Branch Church Dear Ms. Moss, As residents of the Reserve, we are concerned about the effect of the proposed expansion of the Spring Branch Church will have on our neighborhood and the surrounding areas of the Great Neck corridor. The traffic is already an issue. Our backyard backs up to the parking lot of the church. This summer it was very noisy when the summer day camp was in session. If the camp were to grow in numbers of children in attendance the noise level would increase making it unpleasant for residents of the Reserve who are home during the day. The size of the purposed expansion is also of concern to us. We feel it is too large for the size of the property that the church is on. We appreciate you taking our concerns into consideration and are hopeful that any decisions made will be in the best interest off all concerned. Sincerely, Marsha and Thomas Anthony 2269 Souverain Lane Virginia Beach, VA 23454 757-496-7949 marsh a@tomanthony.com September 2, 200$ Ms. Ashby Moss, Current Planning Division Municipal Center Building 2, Room 115 Virginia Beach, VA 23446-9040 i Dear Ms. Moss, Thank you very much for all of the information you have sent me regarding the proposed expansion of Spring Branch Community Church, The information has been very helpful in forming my opinion on the expansion. I am opposgd to this proposed expansion for the following reasons: It is enormous and out of scale with the property, which is only 9 acres. If you include the previously approved expansion over the education wirjg, the church would be doubled in size. - The church does not have sufficient parking for such an expansion. Even with the extension of the parking lot currently in progress, some churchgoers still park on Souverain Lane in front of my house and cut through my yard (I have no back fence) to attend church. - Increased size will mean increased traffic. As it stands now, many neighbors I have spoken with have commented how difficult it is to get in and out of the Reserve when church is letting out, despite the police traffic people. A possible traffic light at the church will not be helpful to those exiting the Reserve. - Church metnbers seem to be unaware of this proposed expansion. I haven't spoken with any church members who are aware of this expansion. They;seem to be aware of the previously approved expansion, they seem to have been excluded from the process. As a result, some church members have signed the petition opposing this expansion. In fact, I spoke to another church member today who thought we are concerned only about the already approved expansion. She said "Why would they (the SSCC) want a theatre, they already have plenty of space in the sanctuary?" This church member also brought up the issue of noise, as we do hear Music, etc during the services and putting a theatre closer to the homes here would increase the disturbance from noise. I enjoy watching the activities at the Spring Branch Comm,Unity Church and have found the church to be a very good neighbor. I have also bein a good neighbor i I to the church. I have not called theplice (except when teena�ers were drag racing in the parking lot) and I hav<made complaints about the noise, traffic, etc. i I chose to live next to a church and do not object to the normal activities surrounding a church. However, this expansion would change thi nature of the Spring Branch Community Church into a MONSTER church or a giant community center, not a community churG1 and I am opposed to it. Sincerely, obeth S. McQueston 81 Souverain Lane V' ginia Beach, VA 23454 57)481.1813 Petition to Stop the Conditional Use Petmit for Spring Branch Community Chur�h Attached are the proposed plans for the expansion of Spring Branch Community Church We as the surrounding community of Spring Branch are against the proposed expansion of this church located at 1500 North Great Neck Road (GPIN 2409 1 02222). NAME ADDRESS SI TUBE i Petition to Stop the Conditional Use Permit for Spring Branch Community Chur�h I Attached are the proposed plans for the expansion of Spring Branch Community Church, We as the surrounding community of Spring Branch are against the proposed expansion i of this church located at 1500 North Great Neck Road (GPIN 240910022). NAME ADDRESS SIGNATURE Atn-� Poulson 2 20 r 61 I �Aq —— r i 1 i Petition to Stop the Conditional Use Pe�mit for Spring Branch Community Church Attached are the proposed plans for the expansion of Spring Branch C�mmunity Church. We as the surrounding community of Spring Branch are against the proposed expansion of this church located at 1500 North Great Neck Road (GPIN 240910222). NAME ADDRESS SIGN Sri% i 1 /' i � _ _ -. � �.� ► /�/i _ dirt A -MIN wAo Gr ��� �' is p Petition to Stop the Conditional Use Pe> mit for Spring Branch Community Churgh Attached are the proposed plans for the expansion of Spring Branch Community Church We as the surrounding community of Spring Branch are against the proposed expansion of this church located at 1500 North Great Neck Road (GPIN 24091 O2222). NAME ADDRESS SIGNATURE rn m P. CD C w CD N ch O ao v � Cl)0 W m d ca 7 to O C N —7 o C 3 < 3 cD — c � CD m _a �o = co � N n O -i M 0 ',1 --Io m m cn o -n c a co .D W � v w 7 M 0 c n r o m 3 < 3 m c � �. m m a �(0 N o —1 m 0,11 w cn cn c w o w c a a a c W W W G N VI CM J O ul O t In fr w 1 A A In 1 a a a 1 W W W I QD m 7 cc cn 1 Q. 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LLC .w. r OR- ,^ 4 « CUP for Communications Tower # I DATE REQUEST I ACTION 1 12-03- Change of Zoning (P-1 Preservation District & R- Granted 02 5D Residential Duplex District to Conditional 0-2 Office District) of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Omnipoint Communications Cap Operations, L.L.C. — Conditional Use Permit (communications tower) MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of Omnipoint Communications CAP Operations, L.L.C. for a Conditional Use Permit for a communications tower on property located at 1001 Concert Drive (GPIN 14855225160000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant is requesting to replace an existing 70-foot high light pole associated with the athletic fields with a 135-foot high light pole. The new pole will include one (1) flush -mounted array of three (3) antennas and reserved space for three (3) City of Virginia Beach microwave antennas ranging from 2 feet to 6 feet in diameter. The lights associated with the athletic fields will be relocated to the level of 117 feet on the new monopole. One set of a six (6) foot high flush mounted directional antenna are depicted at 132 feet and the City microwave array is depicted at 125 feet. The height of this tower is similar to other towers on light poles on school properties. The proposal is consistent with the requirements of Section 232 of the City's Zoning Ordinance. Specifically, a landscape screen is planned around the perimeter of the lease area. Staff has recommended a condition that black vinyl coated chain link fencing be used to surround the lease area. Secondly, a report has been submitted from a registered structural engineer verifying the structural integrity of the proposed tower. In addition, a non -ionizing electromagnetic radiation report has also been submitted that concludes that emissions are acceptable. Other issues that are met by the applicant include required setbacks and collocation. The applicant has designed the tower to accommodate the City's equipment at 125 feet that will provide several important improvements to the current City "system:" 1) provide satellite and microwave connectivity between Video Services and the Advanced Technology Center theater for state and national teleconference production. This will negate the need for portable satellite links, which are very costly; 2) provide replacement of low speed, costly data circuits from the Municipal Center to Video Services' facilities and the Landstown Maintenance Yards, thereby eliminating expensive commercial data service Omnipoint Communications Cap Operations, L.L.C. Page 2 of 3 costs; 3) create a low cost data and/or video link from Video Services and the Municipal Center to sites at the Oceanfront such as the Convention Center and the Fire Training Center (additional fiber connectivity would still be required). The Emergency Communications Center (ECC) microwave link would enable the City to telecast emergency related messages from the ECC via VBTV or satellite uplink. Piggybacking data on the same antenna would replace the City's existing data service. This would lead to faster Video Services data transmission and supersede the need for the $40,000 per year fee to the current carrier for the circuit feeding the Municipal Center and other City buildings in the vicinity of Dam Neck and Princess Anne Roads. If approved, the old microwave equipment located at the Technical and Career Educational Center would be relocated to the Advanced Technology Center (ATC). The vacant tower space could then be available for another carrier to collocate at the Tech Center at North Landing Road. Depending upon design limitations, Federal Communications Commission approval, total build out, and the desire to pursue each alternative, the combined systems could have the potential of saving or creating a cost avoidance of about $50,000 to $90,000 a year over commercial transmission carriers. Non -tangible video link and data speed improvements would also benefit the community. The Planning Commission placed this item on the consent agenda because staff recommended approval, the proposal is consistent with the criteria in Section 232 of the City Zoning Ordinance, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The light pole / communication tower and antennas shall be constructed as depicted on the drawing entitled, "OMNIPOINT COMMUNICATIONS CAP OPERATIONS, L.L.C., Landstown HS, Site Number VA30450-F," prepared by Atlantis Group, Inc., dated 12/01/03, with the exception of the antennas at the 125 height level shall resemble the antennas depicted on the drawing entitled, "City of Virginia Beach, Video Services, Landstown High School, Tower Elevation," and shall be certified as structurally sound. In the event that the City does not construct any antennas on this tower, another provider may locate on the tower provided the antennas are flush mounted and are installed at the heights depicted in the drawing prepared by Atlantis Group, Inc. mentioned above. 2. The equipment building shall be constructed with a brick exterior to match that of the existing high school. Adequate space shall be reserved and dedicated, within the building, to store necessary equipment for the City's use in conjunction with its antennas. Prior to submission for final site plan review, the applicant shall coordinate with the City of Virginia Beach, Omnipoint Communications Cap Operations, L.L.C. Page 3of3 Department of Communications and Information Technology, Division of Video Services to determine the City's needs within the structure. 3. In the event that the any of the communication antennas are not used for a period of one year, the antennas must be removed at the owner's expense. 4. A red light, to be illuminated during the nighttime hours, shall be installed at the top of the tower. 5. The overall height of the proposed tower and antennas shall not exceed 135 feet. 6. An appropriate easement or lease for the ingress and egress planned to this site shall be coordinated with the appropriate staff including the School Board, the Public Works Department/Real Estate Office and the City Attorney's Office prior to the issuance of a building permit. 7. The tower shall be a common gray color. In the event that the Federal Aviation Administration (FAA) or other licensing entity requires that the tower be painted in accordance with FAA regulations, the height of the tower shall be reduced to a level that will not require it to be painted. Lighting of the tower shall be limited to a low-level day strobe with a red beacon at the top. If more intense lighting is required, the tower height shall be reduced to a level where enhanced lighting is not required. Prior to a building permit being obtained, the applicant shall work with City staff to reduce lighting effects at ground level. 8. Landscaping shall be installed around the entire fenced perimeter of the 31 foot by 35 foot lease area, with the exception of the area reserved for access, and shall be as required under Section 232 (b)(8) for communication towers under 200 feet or less in height. 9. Fence material surrounding the lease area shall be black vinyl coated chain link. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map J Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 5 WZ1 G10-211-CUP-2004 NIPOINT COMMUNICATIONS CAP OPERATIONS, L.L.C. Agenda Item # 28 July 14, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: L� 1_am COUNCIL ELECTION DISTRICT: Location and General f s tion-'9M Conditional Use Permit for a 135 foot high communication tower. Property located on Princess Anne Road, on the site of Landstown High School. The lease area is proposed with dimensions of 31 feet by 35 feet. 14855225160000 7 - PRINCESS ANNE SITE SIZE: 31 feet by 35 feet — 1,225 square feet EXISTING LAND USE: Existing athletic fields associated with Landstown High School. SURROUNDING . Princess Anne Road LAND USE AND . Tidewater Community College / P-1 Preservation ZONING: North: District, R-5D Residential Duplex District • Landstown Middle School / R-5D Residential South: District, 0-2 Office District • Concert Drive, Princess Anne Park / 0-2 Office East: District, P-1 Preservation District • Single-family dwellings / R-5D Residential Duplex West: District NATURAL RESOURCE AND CULTURAL There are no significant environmental features on this site as it is FEATURES: developed as a high school. AICUZ: The site is in an AICUZ of less that 65dB Ldn surrounding NAS Oceana. WWI - Major The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the Section 232 of the City's Zoning Ordinance. • Compatibility with surrounding land uses. Comprehensi Ian The Comprehensive Plan recognizes this area as Strategic Growth Area #12. This is the North Princess Anne Commons Area comprised of an array of public and private activities including recreational, entertainment, educational, office, retail, residential and light commercial. Summary of i • • The applicant is requesting to replace an existing 70-foot high light pole associated with the athletic fields with a 135-foot high light pole. The new pole will include one (1) flush - mounted array of three (3) antennas and reserved space for three (3) City of Virginia Beach microwave antennas ranging from 2 feet to 6 feet in diameter. The lights associated with the athletic fields will be relocated to the level of 117 feet on the new monopole. One set of a six (6) foot high flush mounted directional antenna are depicted at 132 feet and the City microwave array is depicted at 125 feet. The height of this tower is similar to other towers on light poles on school properties. The area that will be leased from the School Board is 33 feet by 35 feet or 1,085 square feet. Within the lease area, the applicant is proposing to construct a 10 foot by 20 foot, one story, pre -cast shelter to house the equipment of the various wireless communication carriers. Staff has conditioned the approval that space be available for the City's equipment as well. The exterior will have a brick fagade to match that of the existing high school. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified at the beginning of this report. The proposal's strengths in addressing the `Major Issues' are: (1) The proposal is consistent with the requirements of Section 232 of the City's Zoning Ordinance. Specifically, a landscape screen is planned around the perimeter of the lease area. Staff has recommended a condition that black vinyl coated chain link fencing be used to surround the lease area. Secondly, a report has been submitted from a registered structural engineer verifying the structural integrity of the proposed tower. In addition, a non -ionizing electromagnetic radiation report has also been submitted that concludes that emissions are acceptable. Other issues that are met by the applicant include required setbacks and collocation. The applicant has designed the tower to accommodate the City's equipment at 125 feet that will provide several important improvements to the current City "system:" 1) provide satellite and microwave connectivity between Video Services and the Advanced Technology Center theater for state and national teleconference production. This will negate the need for portable satellite links, which are very costly; 2) provide replacement of low speed, costly data circuits from the Municipal Center to Video Services' facilities and the Landstown Maintenance Yards, thereby eliminating expensive commercial data service costs; 3) create a low cost data and/or video link from Video Services and the Municipal Center to sites at the Oceanfront such as the Convention Center and the Fire Training Center (additional fiber connectivity would still be required). The Emergency Communications Center (ECC) microwave link would enable the City to telecast emergency related messages from the ECC via VBTV or satellite uplink. Piggybacking data on the same antenna would replace the City's existing data service. This would lead to faster Video Services data transmission and supersede the need for the $40,000 per year fee to the current carrier for the circuit feeding the Municipal Center and other City buildings in the vicinity of Dam Neck and Princess Anne Roads. If approved, the old microwave equipment located at the Technical and Career Educational Center would be relocated to the Advanced Technology Center (ATC). The vacant tower space could then be available for another carrierto'. OMNIPOINT Agenda Item.# 28 Page 4 collocate at the Tech Center at North Landing Road. One of these antennas would facilitate communications between the new Convention Center at the Oceanfront and could potentially benefit other Oceanfront municipal services. Video associated convention business could be distributed through the Video Services hub to satellite uplinks or VBTV. The installation and operation of the City's proposed antennas on this tower would enable the Advanced Technology Center Technology Theater and Video Services to establish satellite and microwave television links via WHRO. The Theater was modeled to provide this type of broadcast service. Thus far, the only practical means to broadcast satellite service is by contract at $1,500 per event. Depending upon design limitations, Federal Communications Commission approval, total build out, and the desire to pursue each alternative, the combined systems could have the potential of saving or creating a cost avoidance of about $50,000 to $90,000 a year over commercial transmission carriers. Non -tangible video link and data speed improvements would also benefit the community. (2) The proposed light pole/communication tower is similar in design and height to other light pole/towers on school property throughout the city. The proposed tower is over 600 feet from the adjacent residential community to the west. Staff feels that the presence of this tower will not detract from the overall aesthetics at the site as there are many tall light poles, associated with the athletic fields, existing on the property. Staff, therefore, recommends approval of this request. Conditions 1. The light pole / communication tower and antennas shall be constructed as depicted on the drawing entitled, "OMNIPOINT COMMUNICATIONS CAP OPERATIONS, L.L.C., Landstown HS, Site Number VA30450-F," prepared by Atlantis Group, Inc., dated 12/01/03, with the exception of the antennas at the 125 height level shall resemble the antennas depicted on the drawing entitled, "City of Virginia Beach, Video Services, Landstown High School, Tower Elevation," and shall be certified as structurally sound. In the event that the City does not construct any antennas on this tower, another provider may locate on the tower provided the antennas are flush mounted and are installed at the heights depicted in the drawing prepared by Atlantis Group, Inc. mentioned above. 2. The equipment building shall be constructed with a brick exterior to match that of the existing high school. Adequate space shall be reserved and dedicated, within the building, to store necessary equipment for the City's use in conjunction with its antennas. Prior to submission for final site plan review, the applicant shall coordinate with the City of Virginia Beach, Department of Communications and Information Technology, Division of Video Services to determine the City's needs within the structure. 3. In the event that the any of the communication antennas are not used for a period of one year, the antennas must be removed at the owner's expense. 4. A red light, to be illuminated during the nighttime hours, shall be installed at the top of the tower. 5. The overall height of the proposed tower and antennas shall not exceed 135 feet. 6. An appropriate easement or lease for the ingress and egress planned to this site shall be coordinated with the appropriate staff including the School Board, the Public Works Department/Real Estate Office and the City Attorney's Office prior to the issuance of a building permit. 7. The tower shall be a common gray color. In the event that the Federal Aviation Administration (FAA) or other licensing entity requires that the tower be painted in accordance with FAA regulations, the height of the tower shall be reduced to a level that will not require it to be painted. Lighting of the tower shall be limited to a low-level day strobe with a red beacon at the top. If more intense lighting is required, the tower height shall be reduced to a level where enhanced lighting is not required. Prior to a building permit being obtained, the applicant shall work with City staff to reduce lighting effects at ground level. 8. Landscaping shall be installed around the entire fenced perimeter of the 31 foot by 35 foot lease area, with the exception of the area reserved for access, and shall be as required under Section 232 (b)(8) for communication towers under 200 feet or less in height. 9. Fence material surrounding the lease area shall be black vinyl coated chain link. NOTE: Further conditions may be required during the administration of applicable City Ordinances, The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Supplemental Information Zoning History Map Mac Not to S � le Omnipoint Communications CAP Operations, LLC CUP for Communications I ower # I DATE REQUEST I ACTION 1 12-03- Change of Zoning (P-1 Preservation District & R-5D Granted 02 Residential Duplex District to Conditional 0-2 Office District) Public Agency Comments Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: 7 —Adequate coverage is available — no additional comments. •_ . I- •t A -rial Exhibit B - 1 Proposed Lease Area Layout tAz JSaD rw I jr*w rs 7r'" W7 J ar �r Pw w Aw SW Phil f rids �O s42 va"Ma M V* W �tours V~ 5 Mw w aim at im ft J1Tw woo" J1EAM .iJaFDEt on at Ab0 f MS$ 43 JM M N= few i at 440 PC 0M setJIJilPkJBT r; NOW WAW T !00 rai f 14tl6 43 IM isss �44C! �Gi iRi7 1T3SI A # Xi {S7t"X A F & LCO AMA Ur flfl SLE.�trC�+brAM�ik .illC7t M7 Ana Am AM EAST r�xt Axr t tz�e `fEELD rAM Jl air o�twc UMUTY � r At JAbA-11t.7C71R T �^ "` AOIIi1t RM #RCS Qdi AVVSM /tttA! t3 A SAW CAP SM e � Cos � 1tp6lER7 �� 2w Snw a- Q / UM a 47Y5 M I= r xoo soa 000 jig tr _gv VA2=s Jug s / cmr Jx BU= xs s ao zae�s M, I ttA t'Y 1 i n` 1 / 1 f f meKWW o}+G E� 1/ os�cr. t!5 NW' YW1 Y4t 10flIR � WMW NC taM..AW wu. / aeon w x lRO�• tam Kn .� fni'.. nai'+'mc ro x rexsrtz nn.wmaca •. / / j nicass s�aaae PM typ3lpt # 4R 0' Exhibit B- 2 Proposed Lease Area Layout (Detail) Exhibit C - 1 Proposed Tower Elevation PROPOSED OMNIPOINT FLUSH MOUNT ANTENNA, 3 SECTORS 1 ANTENNAS PER SECTOR AZIMUTH 0' 9 132'-0' RAD CENTER AZIMUTH 120' O 13Z-O' RAD CENTER AZIMUTH ,240* @ 132'-0" RAD CENTER �-- Future Co -location or City antennas ; NOTE: ENSURE PORT IS LOCATED AT APPROPRIATE ExiT RELOCATE LIGHTS -FROM EXIST. POLE TO NEW POLE 0 11T A.01) PROPOSED 135' HIGH LIGHT POLE TOWER PROPOSED (12) 1 5/8' COAX CABLE PROP. COAXIAL CABLES ENTRY 4V A.QL PROP. DOG HOUSE (PAINT TO MATCH EXIST. MONOPOLE) •.*f'�.1� Ft.� f PROPOSED ONE 10'X24' PRECAST SHELTER FOR TWO CARRIERS t BRJCK ' FACE. TO MATCH SCHOOL BUILDING) � ` PR NDERd .t FOtJNI;J►kTION DESIGN (DESIGNED FOR BY OTHERS VT BEACH H UM&T M CONVENTIM CENTER jA MLFIICIPAL CENTER TO WHM VIA YtxiDSTMX ELEMENTARY SIDE VIEW CITY Or VA BEACH EOJIPHENT NTS 4' Exhibit C - 2 Proposed Tower Elevation (showing City dishes only) Exhibit D Proposed Building Elevation r. a �< 0 KOUUndff RWHRd Ba IVNOLLICN03 AFW •�� f 1 3uo m`mo��accoca .mQ wom Gtm��o0i"jpm`m o Ell 5 >a i f OCIA ynou { Oo. {$gym eamc'sa caos° sn n�aco team V p m r iy m.c m { caw �tO c_: OO 4 C! I I �. r c a_ i Q .L`NN I G itUyN 9Lw T m ?.- a C V 4T G1 0 m C c°= �cEc �o -Qtia caJ f I $m v`caa�c a�,m O.V �•_ Ana^ co3am I 1 c�q>mc" oama�pca s7 O� W 'z O LN m C m m c v o v m o ao mo N O �O-Y ! t � o c4Qrm�o m�p00 UO m0 Hda p� m J NC { ^OOA V C 0 C y}C GOOEv m�fS.Q Ci 47j5 m Q U�aofm .< C C CL L4 c y m a w .�+ S m� �� E C O Q• C W O>y � 0 4 J� E CDy y t O y 0.2 - a > r CL m O I � 1 c nm x•- � y ay a I 0. � c !� m N VY A I iA t—L k•( .JCL 4 4 p W j ( tl :. L O fO mJ6 s .nT t I {+ 11 Exhibit E Disclosure Statement KO11V3f1ddTuv 11WHad aSa UNOUMN03 4MNIPOINT Agenda Item # 28 Page 16 Exhibit E Disclosure Statement U tJ1 0 rQ r4 LU p W Z04 U1 s 0 O a cc. W U U � W La Item #28 Omnipoint Communcations CAP Operations, L.L.C. Conditional Use Permit 1001 Concert Drive District 7 Princess Anne July 14, 2004 CONSENT William Din: Our last item is Item #28 Omnipoint Communications CAP operations, L.L.C. This is an application by Omnipoint for a Conditional Use Permit for a communications tower located on property 1001 Concert Drive in the Princess Anne District. Bill Gambrell: Madame Chairman and members of the Commission, my name is Bill Gambrell. I'm a local land planner and I represent T-Mobile, the applicant. We've read all the conditions and find the acceptable. I'm glad to be on your consent agenda today. William Din: Thank you. There are nine conditions. Thank you. Is there any opposition placing this on consent? Hearing none. This concludes the items that we have for consent. Madame Chair, I would like to make a motion to approve the consent agenda consisting of Item #28 Omnipoint Communications CAP Operations, L.L.C. for a communications tower with 9 conditions. Donald Horsley: Second. Dorothy Wood: A motion by our Vice Chair Will Din and seconded by Don Horsley. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 1 Ed Weeden: By a vote of 10-0, this consent agenda item passes. Dorothy Wood: Thank you all for coming. ABSENT 1-LJHUILIVIICU ZAH11115 t-1 idl %t- HVlll 1-1 LV D-L # I DATE IREQUEST I ACTION 1 11/28/73 Zoned industrial with adoption of CZO Granted 2 08/08/83 Rezoning from 1-1 Industrial to B-2 Commercial Withdrawn 05/14/90 Rezoning from 1-1 Industrial to B-2 Commercial Granted 3 08/25/92 Rezoning from 1-1 Industrial to B-2 Commercial Withdrawn 4 05/25/93 Rezoning from 1-1 Industrial to B-2 Commercial Granted 5 03/12/91 Conditional Use Permit (outdoor recreation) Denied J��NMN BMF„�C� �v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Chain Bridge Properties, L.L.C. — Change of Zoning District Classification (1-1 to Conditional B-2) MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of Chain Bridge Properties, L.L.C. for a Change of Zoning District Classification from 1-1 Light Industrial District to Conditional B-2 Community Business District on property located at 657 Lynnhaven Parkway (GPIN 14964879630000). The Comprehensive Plan designates this area as Strategic Growth Area 9 (West Oceana Area), suitable for low -intensity industrial uses consistent with the Comprehensive Plan's policies for this area. DISTRICT 3 — ROSE HALL ■ Considerations: The applicant is requesting a rezoning from 1-1 Industrial District to Conditonal B- 2 Community Business District. The applicant intends to redevelop the site for a retail use and a drive -through restaurant. Currently, there is a full -service restaurant on the site. The proposed site plan shows that the existing restaurant building will be demolished and two new buildings will be constructed. The larger of the two new buildings is proposed as a 6,100 square foot jewelry store. The smaller new building is proposed as a 5,000 square foot retail building that will house three users, including a small drive -through restaurant. The parking is shown at the minimum number of spaces required by the Zoning Ordinance for the proposed uses. The site is located in the Oceana West Industrial Park and is subject to deed restrictions administered by the Virginia Beach Economic Development Authority (VBDA). The southern property line of the subject parcel marks the southern boundary of the industrial park. The VBDA developed the park and has design review control over all improvements made in the park and use controls over most of the parcels, restricting the uses beyond what is normally allowed in the I- 1 Industrial District. The subject parcel does not have use controls. However, as noted in a letter to the Planning Commission Chair from the Chair of VBDA (included at the end of the staff report), the VBDA agreed to allow development of the subject parcel "as a full -service, sit-down restaurant, a use allowable by Chain Bridge Properties Page 2 of 2 right under 1-1 zoning, though not permitted by right under the VBDA's use restrictions applicable to the Industiral Park. In 1992, the VBDA deliberately permitted the development of the restaurant to provide this amenity in close proximity to the users of the Park." The thought was that a full -service, sit-down restaurant would be and is a valued service for employees and visitors of the industrial park businesses that projects a high level of quality for the park as a whole and which is normally associated with industrial park settings. The rationale was not and is not now to permit retail uses to locate within the industrial park. The industrial park is a planned, coordinated setting for the location of industrial uses and support uses. A full -service, sit-down restaurant is a suitable `support use'; a jeweler, a drive -through restaurant and retail uses are not suitable 'support uses'. There are, as noted above, adequate location opportunities in the surrounding area, including redeveloping sites south of Lynnhaven Mall, for retail uses. It is more important, as pointed out by the Chair of VBDA in his letter, that we retain well -located industrially zoned properties, regardless of size, in our "inventory" for incoming potential prospects. Staff recommended denial. There was opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Aecommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S V_ :Zqw�_ H08-210-CRZ-2004 CHAIN BRIDGE PROPERTIES, LLC Agenda Item # 1 July 14, 2004 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Change of Zoning District Classification from 1-1 Industrial District to Conditional B-2 Community Business District Property located at 657 Lynnhaven Parkway 14964879630000 3 - ROSE HALL Chain Bride Pro erties LLC `N 1 It �14 11L. a o � (\ ao a it :I o a o CA e i 0 0 s n J I: Cnnailional Zoning Change Irom 1-7 to 8-2 EXISTING LAND USE: Full -service restaurant SURROUNDING North: . bank / 1-1 Industrial District LAND USE AND South: • retail / B-2 Community Business District ZONING: East: . office / 1-1 Industrial District West: • office / 1-1 Industrial District NATURAL RESOURCE AND CULTURAL There is an existing restaurant building and parking lot on the site. A FEATURES: mature landscape buffer exists adjacent to Lynnhaven Parkway. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and Accident Potential Zone II surrounding NAS Oceana. The federal government owns a restrictive easement over a portion of this property. The proposed use has been reviewed by the Department of the Navy and is allowed subject to conditions. A copy of the response letter is provided at the end of this report. fT Summary of The applicant is requesting a rezoning from 1-1 Industrial District to Conditonal B-2 Community Business District. The applicant intends to redevelop the site for a retail use and a drive -through restaurant. Currently, there is a full -service restaurant on the site. The site is located in the Oceana West Industrial Park and is subject to deed restrictions administered by the Virginia Beach Economic Development Authority (VBDA). The southern property line of the subject parcel marks the southern boundary of the industrial park. The VBDA developed the park and has design review control over all improvements made in the park and use controls over most of the parcels, restricting the uses beyond what is normally allowed in the 1-1 Industrial District. The subject parcel does not have use controls. However, as noted in a letter to the Planning Commission Chair from the Chair of VBDA (included at end of report), the VBDA agreed to allow development of the subject parcel "as a full -service, sit-down restaurant, a use CHAIN BRIDGE PROP Agenda ZT1ES ,m 1 'age 2 allowable by right under 1-1 zoning, though not permitted by right under the VBDA's use restrictions applicable to the Industiral Park. In 1992, the VBDA deliberately permitted the development of the restaurant to provide this amenity in close proximity to the users of the Park." The thought was that a full -service, sit-down restaurant would be and is a valued service for employees and visitors of the industrial park businesses that projects a high level of quality for the park as a whole and which is normally associated with industrial park settings. The proposed site plan shows that the existing restaurant building will be demolished and two new buildings will be constructed. The larger of the two new buildings is proposed as a 6,100 square foot jewelry store. The smaller new building is proposed as a 5,000 square foot retail building that will house three users, including a small drive - through restaurant. The parking is shown at the minimum number of spaces required by the Zoning Ordinance for the proposed uses. The applicant has proffered building elevations for the two new buildings. The elevations are consistent with the Retail Design Guidelines contained in the Zoning Ordinance. There is an existing fifty foot wide landscaped buffer along Lynnhaven Parkway that will remain intact with this proposal. In addition, the site plan shows the preservation of some of the mature trees on the perimeter of the site. Several new trees and shrubs will be planted within the parking lot and along the foundations of the buildings. ,a Major Issues The following represent the significant issues identified by the staff conceming this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Conformance with the Comprehensive Plan • The subject parcel is located within the Oceana West Industrial Park. Compatibility with Oceana West Industrial Park, a master -planned industrial/business park developed by the Virginia Beach Development Authority, is essential. CHAIN BRIDGE;PROPER' Agenda Iter PC, ES #1 Comprehensive • The Comprehensive Plan recognizes this area as Strategic Growth Area 9 — West Oceana Area. This area is located inside the high AICUZ and includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. Proffers' The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "657 LYNNHAVEN PARKWAY LANDSCAPE PLAN," prepared by Spectra Group, dated 3/25/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER # 2 When the Property is developed, the exterior of the building designated "Jared's 6100 S.F." on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits entitled "JARED, The Galleria of Jewelry, Lynnhaven Mall, Virginia Beach, Virginia", prepared by Cedarwood Architectural, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Jared Elevations"). materials and colors of the building depicted on the Jared Elevations shall be substantially similar to those provided on the exhibit entitled "JARED, The Gallery of Jewelry, Lynnhaven Mall, Virginia Beach, Virginia, SAMPLE BOARD", prepared by Cedarwood Architectural, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Jared Sample Board"). PROFFER # 4 When the Property is developed, the exterior of the building designated "Starbucks/Retail Bldg. 5000 S.F." on the Site Plan shall be substantially similar in appearance to the elevations shown on the Exhibit entitled, "A PROPOSED RETAIL-657 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA", dated 3/28/04, prepared by Little Architectural Consulting, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Retail Elevation"). PROFFER # 5 All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER # 6 The Property may only have one or more of the following land uses: a. Bakeries, confectioneries and delicatessens b. Beverage manufacturing shops, which shall not exceed 3000 square feet in floor area c. Business studios, offices and clinics d. Drugstores, beauty shops, barbershops and other personal service establishments e. Eating and drinking establishments with or without drive through windows f. Financial institutions g. Florists, gift shops, stationery stores h. Furniture repair, upholstering, repair services for radio, television and household appliances i. Grocery stores, carryout food stores and convenience stores j. Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices CHAIN BRIDGE' PROPERTIES Agenda Item.,# 1 Page 5 k. Laundry and dry cleaning agencies I. Liquor stores m. Medical and dental offices and clinics n. Medical laboratories o. Museums and art galleries p. Outdoor cafes q. Outdoor plazas r. Personal service establishments s. Public buildings and grounds t. Repair and sales for radio, television, household appliances and small business machines u. Retail establishments v. Specialty shops No other land uses, otherwise permitted under Section 901 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia shall be permitted to operate on the Property. PROFFER # 7 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Evaluation of The proffers do not adequately address Staffs concerns Proffers: with this rezoning request. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated March 26, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends denial of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, does not address each of the 'Major Issues' identified above. The proposal's weaknesses in addressing the 'Major Issues' are CHAIN BRIDGE.PROPERTIES Agenda Item-# 1 Page 6 (1) There are several vacant or underutilized sites already zoned for retail use and some new retail centers under development south of the subject parcel, in the vicinity of Lynnhaven Mall, that could accommodate the proposed uses. Redeveloping and upgrading the older retail areas and shopping centers along Lynnhaven Parkway south of the site is essential to the long-term success of this major shopping destination. (2) The Virginia Beach Economic Development Authority (VBDA) has reviewed this request and is not supportive of the rezoning for retail use. The parcel is located within the Oceana West Industrial Park, developed by the VBDA. As mentioned earlier in this report, in 1992, the VBDA agreed to the use of this parcel for a full - service, sit-down restaurant, even though such uses were not initially contemplated as part of the overall master plan for Oceana West. The rationale for allowing the restaurant was that a high -quality, sit-down, full -service restaurant was a needed amenity for the employees and visitors to the businesses in Oceana West. The rationale was not and is not now to permit retail uses to locate within the industrial park. The industrial park is a planned, coordinated setting for the location of industrial uses and support uses. A full - service, sit-down restaurant is a suitable `support use'; a jeweler, a drive -through restaurant and retail uses are not suitable `support uses'. There are, as noted above, adequate location opportunities in the surrounding area, including redeveloping sites south of Lynnhaven Mall, for retail uses. It is more important, as pointed out by the Chair of VBDA in his letter, that we retain well -located industrially zoned properties, regardless of size, in our "inventory" for incoming potential prospects. Staff concludes these weaknesses cannot be adequately addressed through changes to the proposal or through additional proffers, and, therefore, recommends denial of the request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable Citv Codes. __ M0101 17-3 11M 11 F-1 0 1 A) [Sig FIREIR Zoning History wnanwrtac.wnn� �.nan�e uvm r i w D-� # I DATE IREQUEST ACTION 1 11/28/73 Zoned industrial with adoption of CZO Granted 2 08/08/83 Rezoning from 1-1 Industrial to B-2 Commercial Withdrawn 05/14/90 Rezoning from 1-1 Industrial to B-2 Commercial Granted 3 08/25/92 Rezoning from 1-1 Industrial to B-2 Commercial Withdrawn 4 05/25/93 Rezoning from 1-1 Industrial to B-2 Commercial Granted 5 03/12/91 Conditional Use Permit (outdoor recreation) Denied CHAIN BRIDGE'PROPE Agenda It, Public Agency Comments Public Works Master Transportation Plan (MTP): Lynnhaven Parkway at this location is a six lane major urban arterial. The Master Transportation Plan shows Lynnhaven Parkway with a proposed right-of-way of 170 feet for an eight lane divided roadway with controlled access. There is no Capital Improvement Program project currently scheduled. Current right-of-way is 110 feet. Additional right-of-way of 20 to 30 feet along the frontage of this site may be needed in the future to expand the parkway to eight lanes. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - 140 Lynnhaven 49,424 48,200 Parkway ADT ADT' Proposed Land Use 3-1,006 A.. n Ihily Trine gas defined by industrial zoning 3 as defined by retail commercial zoning Public Utilities Water: This site has an existing water meter which may be used or upgraded Sewer: This site is already connected to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station 513 is required to determine if flows can be accommodated. Construction plans and bonds may be required. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. It is recommended that the jewelry store install both a security alarm system and a closed circuit TV system. The security alarm system should include, as part of the overall system, emergency panic buttons for employees, hidden discreetly out of view from customers. Fire and Rescue: Fire Department concerns will be addressed during the building permit process. Exhibit A Aerial of Site Location S1 t Exhibit B Proposed Site Plan LYNt HAVEN PARLTAY — VAR. tI097! Bf1 &ASKIP. 0*0-sseee» ,t mw ex�sr. rats ro gc+aw � ? .�— -- -- -•— ---y --- �-- ��'' "" "' "` '`.""",``f'^�:,y ,sly. 1 a.toa S,f Iw(� STAMO XXV/SAW SY. g yj Z4 r A�14f85 {xri•�---�.—..Li. f S Zi M 'k E LIW_A401 nEw+c txas. at`���+ �.t�MYlrr.— COST. 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J V o C J jj ]jN Exhibit D Disclosure Statement Exhibit F - ' DEPARTMENT OF THE NAVY '' Supplementa Informatioi i ATLANTIC DIVISION NAVAL FACILITIES ENGINEERING COMMAND 3 G G- 7 d o • r 6506 HAMPTON BLVD f NORFOLK VA 23508-1278 U REPLY REFER ,77AW EI-OJ O PAR- PH »: May 14, 2004 Ms. Barbara Duke Planner, Planning Department City of Virginia Beach 2405 Courthouse Drive, Bldg. 2, Room 115 Virginia Beach, Virginia 23456 Dear Ms. Duke: Receipt of the Planning Commission Routing Slip, Application Number H08-21.0-CRZ-2004, was received for review by this Command. Comparing the property identified in the Application against Navy records indicates that the United States acquired certain rights over the property under Grant of Easement Area 1 dated January 30, 1985 recorded in Deed Book 2388, Page 1103, in the Clerk's Office of the Circuit Court, Virginia Beach, Virginia which is attached for ready reference. After review of the Application and Proffer, for the conditional rezoning of the property from I-1 Light Industrial to B-2 Community Business, the Navy notes that the property is encumbered by a restrictive easement. The easement limits development of the property and may be more restrictive than those uses allowed under B-2 Community Business and the Proffer Agreement. Review of the Proffer Agreement and drawings identifies the property is proposed to be developed for Jared's Jewelry Store containing 6,100 square feet, Starbuck's Coffee Shop containing 1,500 square feet, an additional retail facility containing 2,200 square feet and an additional restaurant containing 1,300 square feet. Review of the easement, copy attached, shows that the Jared's Jewelry Store, and Starbuck's Coffee Shop would be allowed under Paragraph 2.e. (9), "Retail sales, including but not limited to, establishments for the sale of gifts, flowers, stationery, groceries, clothing, drugs, photographic supplies, newspapers and magazines, variety and convenience goods; eating and drinking establishments; bakeries...". Additionally, based on the square footage of the facilities identified, it does not CHAIN BRIDGE PROPERTIES Agenda Item # 1 Page 16 Exhibit F - 2 Supplemental Information appear to be prohibited under Paragraph 2.d.(15) which pro 'Shopping centers which are defined as: a group of commerc.La.L buildings establishments planned, developed and/or managed as a unit having a gross leasable area in excess of 30,000 square feet. Be aware that our determination is based on the representations of the use of the Property identified in the proffer and drawing. Any change in use from Jared's Jewelry Store containing 6,100 square feet and Starbuck's Coffee Shop containing 1,500 square feet, will render this determination void. The additional unidentified retail and restaurant uses require more thorough review to determine if the proposed use is allowed. The property owner will need to resubmit a formal request to this office for easement compliance at the time the plans and proposed have been finalized. The Navy would be happy to review detailed plans, which clearly articulates the proposed use. Thank you for allowing us to comment on the Conditional Rezoning Application. If there are any questions, please contact Mrs. Patty Hankins at 322-4928. Sincerely, 1 UP W�M-M MATTHEW D. KURTZ Business Line Coordinator for Real Estate Hampton Roads IPT A By direction of the Navy Encl VIRGINIA BEACH June 29, 2004 Mrs. Dorothy L. Wood, Chair Virginia Beach Planning Commission Planning Department 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 Exhibit F - 3 Supplemental Information Pak Av- nue. Suite i'ir=inin B.eAi. VA 23-10'_ FAX l�ziysi: e � •.c wte.'. b �cn��.cvrn Re: Application of Chain Bridge Properties, LLC Conditional Rezoning: Parcel 67, 657 Lynnhaven Parkway (Pargo's Restaurant) Dear Mrs. Wood: The above -referenced Application for Conditional Rezoning is on the Planning Commission's July 14, 2004 agenda. At its June 17th meeting, the Virginia Beach Development Authority (VBDA) discussed. the rezoning of this Parcel from its current I-1 (Light Industrial) Zoning Classification to the proposed 'Zoning Classification of B-2 (Community Business District). I am writing to explain the Authority's reservations in objecting to the requested change. The subject Parcel is located within Oceana West Industrial Park (OWIP), a multi -faceted, master -planned industrial/business park, developed by the VBDA. The Industrial Park is predominantly zoned I-1. The VBDA retains design approval over all improvements constructed within its Industrial Park, and has recorded use restrictions over most parcels within OWIP (though not Parcel 67); those allowed uses are more restrictive than those permitted within the 1- I District. Parcel 67 fronts on Lynnhaven Parkway, with access from Phoenix Drive, and marks the southernmost location of OWIP on the west side of Lynnhaven Parkway. The industrial park continues north along Lynnhaven Parkway to Viking Drive. The Off Broadway Shoe Warehouse retail store located on the adjacent parcel to the south lies outside of the boundary of the industrial park. Parcel 67 was developed as a full -service, sit-down restaurant, a use allowable by right under I-1 zoning, though not permitted by right under the VBDA's use restrictions applicable to the Industrial Park. In 1992, the VBDA deliberately permitted the development of the restaurant to provide this amenity in close proximity to the users of the Park. One important feature of the 1-1 zoning district in general, and of Oceana West Industrial Park in particular, is that its allowed uses are primarily restricted to operations requiring bulk deliveries by truck or van in locations served by major transportation networks and in areas where Exhibit F - 4 Mrs. Dorothy L. Wood F Chair, Planning Commission. June 2S, employment centers are close to residential concentrations. Such a plan reduces traffic congestion and adds to public convenience by moving places of work closer to places of residence. The VBDA wishes to maintain the 1-1 Zoning Classification for this Parcel for a number of reasons. First, the Authority is of the opinion that the surrounding area offers a number of other opportunities for businesses requiring the B-2 Classification. Because the Authority is experiencing a shortage of I4 property for incoming prospects, maintaining the 1-1 classification for Parcel 67 is very important. Further, the Authority is concerned about the increased intensity of the use of Parcel 67 should the more intense uses permitted by the B-2 Classification be allowed. The Authority is additionally concerned with the precedent that may be set if the zoning classification is changed within the Oceana West Industrial Park boundaries. Lastly, maintaining the I-1 Zoning Classification is in keeping with the City's coordinated strategy as set forth in its Comprehensive Plan. The VBDA has no objection to the use of Parcel. 67 for another full service, sit-dowm restaurant, without a drive -through window. Such a use would be consistent with the original intent and purpose of the Authority in placing a restaurant within the boundaries of the industrial park and is consistent with the current I -I zoning. The Authority appreciates the Commission's full consideration of its concerns with respect to the above Application. I plan to attend the Commission meeting to address any concerns and questions which the Commission members may have for the Authority. Sincerely, R ert G. Jon Chatr•� KH:lls xc: Carol Hahn Karla Haynes Don Maxwell Bob Scott Steve Thompson Mark Wawner CHAIN BRIDG Supplemental Information Item #1 Chain Bridge Properties, L.L.C. Change of Zoning District Classification 657 Lynnhaven Parkway District 3 Rose Hall July 14, 2004 REGULAR Dorothy Wood: We will now proceed to our regular portion of the meeting. I would like to remind everyone that we need to adhere to the rules that were explained to you at the start of the meeting. Please be aware of what speakers have said before you. We must insist that redundancy is limited. Please do not be offended if I must stop you in your presentation for being repetitive. I certainly do not want to limit anyone's rights, however, we have a lot to cover today in a short period of time. I hope it's not too long. We must stick with our procedures. Thank you. Mr. Strange, would you please call the first regular agenda item. Joseph Strange: The first regular agenda item will be Item #1. It's Chain Bridge Property, L.L.C. It's an Ordinance upon Application of Chain Bridge Properties, L.L.C. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on property located at 657 Lynnhaven Parkway. It's in the Rose Hall District. Dorothy Wood: Mr. Bourdon. Eddie Bourdon: Thank you Madame Chairperson. For the record, my name is Eddie Bourdon and I'm a Virginia Beach attorney and I'm representing the applicant on this particular conditional rezoning application. The subject piece of property is located on Lynnhaven Parkway that's between Sabre Street and Guardian Lane on the west side of the parkway. The property currently is a location as it has been for a number of years of a chain restaurant, a Pargo's restaurant and the property is going to be redeveloped. To our north is a bank building. To our south is an Off Broadway Shoe Warehouse Retail Store. We also have, as you see up here on the power point, this would be Wal-mart right here. This would be Off Broadway Shoe. This would be the Pargo's Restaurant, the site that is the subject of the conditional rezoning application. There is no separation. This is just one continual road frontage along Lynnhaven Parkway and nothing that would discern the Pargo's Restaurant from being just like the remaining properties along Lynnhaven Parkway. Not a part of any separate development so to speak. We're proposing to rezone this property, which is currently I-1 zoning and it is currently subject to a couple of different sets of deed restrictions. One, recorded by the Department of Defense the Navy deed restrictions, the AICUZ restrictions as some would refer to them. Under those deed restrictions, which my client bought the property knowing that they were present subject to those and having reviewed those restrictions do not in anyway inhibit. In fact one of the permitted uses is retail. Our proposed rezoning is for the Item #1 Chain Bridge Properties, L.L.C. Page 2 limited purpose of simply changing what is currently a restaurant to a food service with a Jared's Jeweler, a high end nationally known retail jewelry. They only go on stand-alone sites. They're up in Tyson's. They're in all the major commercial areas within the country and certainly the eastern seaboard. They're moving to expand. They are not in this market other than Newport News. They wish to build in Virginia Beach and they are also looking at a second location either in Western Virginia Beach or in Chesapeake. The property, in addition to being subject to the Navy deed restrictions which does not in any way shape or form violate this proposal, the property is subject to a set of restrictions that were put to record when the Virginia Beach Development Authority developed this property and the properties that are located north of it. Those deed restrictions are not uniform within the Development's Authority at all. I have given you all copies of those deed restrictions on every single individual parcel within that park. This particular property does not contain a deed restriction that says the property can't be used for retail. All of the other ones, every single last one of them does contain a restriction. They're not all the same but in the bottom line all the rest of them do require that the properties, other than this one within the park to be used for offices, light industrial and in some cases hotel/motel, some cases not. In some cases food services and in other cases not. They are not uniform. There are other little ones with specific sites within the park where certain things are permitted. But retail is not permitted on any of the other properties in the park by deed restrictions. So any argument that and I understand that the Development Authority and for whatever reason they were not aware or weren't sure. We provided all the information to substantiate the fact that there are deed restrictions of record and the remainder of the properties to the north that would not allow them to be used for retail. But that is not the case here. The owner of the property has a right to rely on those deed restrictions and there is no doubt legally they have a right to come forward and ask for this rezoning, limited though it may be. The other properties and this doesn't set a precedence for because they can't even come and ask because the Development Authority has a restriction that says you can't use them for retail but this is not the case with this piece of property. And given this location and it didn't just happen that way coincidental, I don't believe. If it was a piece of property in the middle of the industrial park you might think that someone made a mistake. It's out here on Lynnhaven Parkway adjacent to retail. So, it does in our opinion make sense. It certainly is not inconsistent on our estimation with the Comprehensive Plan. I'm not going to go into a lot of discussion about the way my clients were coming into town and wanting to spend close to $4 million dollars to redevelop this property and invest in Virginia Beach and invest in high end retail, i.e., Starbucks, and Baja Fresh, which is another small restaurant which is going to go in the second building and with the Jared's in the first building. The type of thing that we certainly should be encouraging but some of the things that we have been subjected to with regard to lack of communication and things of that nature from the Development Department are a little bit concerning. I'm just going to leave those aside for now. The application meets all of your retail design guidelines. It meets all of the restrictions in our deed from the Development Department in terms of how you lay out the site with buffers, parking where it is suppose to be. Everything is met with regard to what they have put to record that is legally binding on this piece of property. All we're asking to do is to permit some high -end retail, which we think is an excellent use of this Item #1 Chain Bridge Properties, L.L.C. Page 3 piece of property. The notion in Mr. Jones letter that the City is lacking in I-1 property for incoming prospects and with all due respect to former Mayor Jones, the last thing the City is lacking in is I-1 property. Given with what we are dealing with the Department of the Navy, given with what our Comprehensive Plan specifies as an area for industrial type development, we got more industrial developable area than we have any market for and the fact of the matter is this area along Lynnhaven Parkway has lots of restaurants. We're still going to have a restaurant on this piece of property. The industrial and office uses that are in the area north of us will certainly not be suffering with these types of uses with a bank next to it and a high -end jeweler. I think that makes a lot of sense. I understand that they were concerned that the rest of the park might turn into retail but that can't happen. It's also worth noting that there is no definition between the park and the retail to the south of it. It's not a set aside type of campus setting. They all blend together and no one is going to know the difference in terms of there being any types of problems with the park. I don't see that argument in way, shape, manner or form. We've done the research. We're here to tell you and we provided the City Attorney's Office that there is no precedent here for the remaining office and industrial sites north of us to be rezoned if this very limited rezoning is approved with these specific proffers. Finally, the size of this site doesn't really lend itself to an industrial use nor does its location make it the highest and best use of this piece of property. Given the setbacks that are required would a hotel or other type of lodging, which is something that is allowed on all the other smaller sites along Lynnhaven Parkway under the deed restrictions and makes no sense either. We've been given the choices that are there. This is a very good one. It's one that we really need in the City. Lastly, I've given you all a letter from Sterling Limited, which is the parent company of Jared's. We wanted to make sure that you all were aware of the fact that they have been courted seriously for some time by the developers of the Town Center about trying to go at the Town Center. We wanted to make sure that everyone understood that is not an option for Jared's. They want stand-alone sites. They've looked at Town Center. They've been pitched specifically for Town Center. They prefer this location in this market, which is also a very important segment of Virginia Beach's retail market not just Town Center. By going here they also have the opportunity/potential to have another store in the western part of the City of Virginia Beach. With that, I'll be happy to answer any questions any of you may have. Dorothy Wood: Mr. Bourdon, you mentioned Baja Fresh? Eddie Bourdon: Baja Fresh? Yeah, they're a national chain. Dorothy Wood: Is that a fast food? Eddie Bourdon: As I understand it is a southwest type of cuisine. It's not fast food. It is a sit down restaurant. Dorothy Wood: Sit down dinner. Eddie Bourdon: Right. Item # 1 Chain Bridge Properties, L.L.C. Page 4 Dorothy Wood: Where does that go exactly? Where is Baja going? Eddie Bourdon: Starbuck's is proposed in this portion of the southern building and Baja would go in the same building. This is the Jared's building on the north side. We've given you very attractive elevations for both of those buildings. Dorothy Wood: Thank you. Are there any questions for Mr. Bourdon? Eddie Bourdon: Thank you very much. Dorothy Wood: Thank you sir. Eddie Bourdon: I appreciate your attention. Joseph Strange: Speaking in opposition is Robert Jones with the Virginia Beach Development Authority. Dorothy Wood: We're glad to have you former Mayor Jones. Robert Jones: Thank you very much Madame Chairman and members of the Commission, Mr. Scott and Mr. Macali and as Mr. Bourdon has indicated the Development Authority. Ed Weeden: Can you state your name for the record? Robert Jones: My name is Robert Jones. I'm Chairman of the Virginia Beach Development Authority. The Development Authority has considered all the arguments that you've heard. After discussion, we have unanimously concluded that we do not want to see this zoning application go forward. The Authority is charged with the responsibility of developing the industrial parks in the City and Oceana West, I think one of the finest developments that the Authority has done. And, it has gone in accordance with the plan. And sticking to the plan and in many, many cases is what has made it what it is today. And, Mr. Bourdon's proposal is to alter the plan and take it outside of what the Development wanted to do over the period of time. We certainly are interested in economic development. We do not have any opposition to Mr. Bourdon's clients coming to Virginia Beach. We would hope they would and expand. The fact is though as the staff report goes on page 7, there is plenty of retail space available just south of this location where retail could develop. And contrary to what Mr. Bourdon has said there is no more I-1 Industrial space available at all in Oceana West Industrial Park. And, it is one of our concerns really in the City and the Authority is the increasing availability of property to expand our industrial park. We're rapidly running out of land. We have maybe two or three years of land inventory available. I have set forth in my letter I think all the arguments that the Authority would like to put before you. I'll be glad to comment on any aspect of that but in general we agree with the staff recommendation to the Commission that this application be denied. Item #1 Chain Bridge Properties, L.L.C. Page 5 Dorothy Wood: Mr. Jones, you said that you all would like a restaurant there? So, the only real thing that you're objecting to is the retail? Robert Jones: Indeed. The whole parcel is something of an anomaly and I don't think we would try to go back to the records and see why exactly this one restaurant was allowed in this area. Generally, the restrictions were no restaurants and I think back whenever that took place, the idea was it would be an amenity, an eating facility available in the industrial park. Since that time there have been a great deal of development of restaurant opportunities in the area. I think we would prefer to see an office building since there is already an established use we would not object to a restaurant. Dorothy Wood: Thank you Mr. Jones. Are there questions for Mr. Jones? Thank you. Robert Jones: Thank you. Dorothy Wood: Any other opposition sir? Joseph Strange: No. Dorothy Wood: Any other opposition Mr. Bourdon? Eddie Bourdon: First of all, my indication that we had lots of industrial land. I stand by that. We have lots of industrial land. It just isn't all developable and controlled by the Economic Development Authority. There is not any on Lynnhaven Parkway. I think at this point in time given the way Lynnhaven Parkway has developed, I'm not sure that we really want to see anymore industrial development because frankly most of the sites on there are office buildings and not industrial. If you look at the list of permitted uses there are a lot of uses that don't fit there now that are permitted. But, again, this piece of property the proposed use makes perfectly good sense. The plan for the park that Mayor Jones touts, many of those sites after they were sold were subdivided into smaller sites consistent with their deed restrictions. I think it is unassailable that if this is approved it would be an enhancement to the area. It will not be a detriment to the area in any way. And, I can't comprehend the idea that someone believes that putting a Jared Jewelers, a high end, high quality like this in this location near Wal-mart and a shoe warehouse is a bad thing. I think it's an excellent application and have from day one. I hope you all will agree. Dorothy Wood: Thank you Mr. Bourdon. Are there any other questions for Mr. Bourdon? Would you please answer Jan's question? Eddie Bourdon: I'll be happy too. Janice Anderson: When you were talking about these .documents here, that you have given to us, there was a blanket coverage of all the area before wasn't it? Item #1 Chain Bridge Properties, L.L.C. Page 6 Eddie Bourdon: Unfortunately there is not. That's the thing that is most shocking to me and I'm sure to you Jan. Each individual parcel has its own set of deed restrictions. The only blanket deed restriction that exists is the one in favor of the Department of Defense. The AICUZ restrictions that the Navy acquired prior to the Development Authority buying this property and the Development Authority did not put a set of blanket restrictions. Each individual parcel has its own set. Now having said that, there is one group and I have a feeling at some point in time they changed who was doing them. There is one group prior to a certain date that are all pretty much the same and there is a second group that are a little bit different format that are pretty much the same. But there are differences. And all the ones along Lynnhaven Parkway are different from the ones back inside the park slightly. So, it is abnormal and when talking to Ms. Hahn in the City Attorney's Office, she frankly at the time that the Development Authority met on this didn't have all of those restrictions. It wasn't certain what they provided and didn't provide. We could provide all of them to the City Attorney's Office. We got them all. I think there is no doubt that they have on all of these lots except for this one the ability to restrict so there would not be any retail. Janice Anderson: What is this parcel? Eddie Bourdon: Sixty-seven. Janice Anderson: Sixty-seven? Okay. Thank you. Dorothy Wood: Are there any other questions? Mr. Ripley then Mr. Din. Ronald Ripley: I see that we have 6,100 square foot jewelry store and a 5,000 square foot retail building but you said there's a Starbuck's? What was the other? Eddie Bourdon: Baja Fresh. Ronald Ripley: What percentage of that 5,000 square feet will be occupied by those two tenants? Eddie Bourdon: More than two-thirds, if not the whole thing. Ronald Ripley: Baja Fresh is a restaurant? Eddie Bourdon: Correct. That is a restaurant. That is correct. The issue is really about the jewelers right down to it, which is a low intense, low traffic use. The Navy has no problem with it whatsoever. William Din: Can you refresh my memory on the usage around this site? Eddie Bourdon: There is a bank building to the north. There is an Off Broadway Shoe Warehouse directly adjacent to us on the south. The bank building is here. The shoe store Item # 1 Chain Bridge Properties, L.L.C. Page 7 is here. Wal-mart is here. That office building, I believe is here and I believe there's a bank building on this corner as well. William Din: So directly to the north is a bank? Eddie Bourdon: Directly to the north is a bank. The bank would be next to the jewelry store. Dorothy Wood: Are there any other questions? Joseph Strange: Madame Chairman, I have one other person that would like to speak in support. Dorothy Wood: Okay. Who is that person? Joseph Strange: James Leach with Frontier Development. Eddie Bourdon: He's my client. Joseph Strange: That is what I thought at first but when he didn't come here I thought I better recognize. Eddie Bourdon: He's here and he came up from Florida for the hearing. Dorothy Wood: Are there any other questions? Thank you. Eddie Bourdon: Thank you. Dorothy Wood: Is there any discussion? Ronald Ripley: I'll open up. To me when I look at this piece of property its kind of hard to determine whether it's an office site or commercial site. It certainly is a restaurant. I couldn't tell by looking at the improvement that the underlying zoning is industrial and that's for sure I wouldn't think that. I think that and I hate to be going against the City staff and certainly the industrial authority but to me it looks like a logical use and it looks like there are restaurants in there now. They are going to be going in there and I think the restaurants will serve the area. It's not, and I don't think a situation is going to take off and have strip zoning up and down there. There's no other land to do anything and everything is already improved. I thought about this a lot and I'm in favor of it being rezoned. Dorothy Wood: Thank you sir. Mr. Crabtree. Eugene Crabtree: I'm with Mr. Ripley. I'm familiar with this and this is in my area that I represent. And just for the fact that none of the surrounding businesses and or any of Item #1 Chain Bridge Properties, L.L.C. Page 8 the other people around there has any opposition to this, Wal-mart is basically right across the street from it. The shoe warehouse is next door to it. It is still going to have the restaurant capability and the Sterling Jewelry, which we want in the City to start off is going to be there, I think is going to be an asset to this and it's close enough to the other shopping within the mall and all that I believe that it will enhance the area. So, I'm going to be for it. Dorothy Wood: Thank you. Are there any other comments? Kathy? Kathy Katsias: I concur with my fellow Commissioners. I think that the industrial zoning, even though it was placed there many years ago this site is not conducive to industrial zoning. I know the economic development wanted a sit down restaurant, which there's going to be Starbucks, I think this is going to be a drive-thru. Is there going to be any seats? But the other Baja is going to have seating. Therefore, I think this is a wonderful use and I'm in favor of this application. Dorothy Wood: Is there anyone else? Mr. Strange? Joseph Strange: Yes. I see this as kind of being in the transition area here where it can go either way but I'm like my fellow Commissioners. I don't know if the case has been made that this should stay zoned Industrial I-1 there. So, I'm going to be in favor of rezoning it myself. Ronald Ripley: A motion to approve. Eugene Crabtree: I second it. Dorothy Wood: Is there any other discussion? I certainly hate to go against the Development Authority because I have a great deal of respect for Mr. Jones and what he is doing and also for Mr. Maxwell's department but I do see this as that we're trying to get the Sterling Jewelry to come to Virginia Beach and looks like we've put a lot of effort. I'm sure that Mr. Warner and Mr. Maxwell have been putting the effort in there and I to will be supporting. Ed Weeden: The vote is open. Dorothy Wood: A motion by Mr. Ripley, seconded by Mr. Crabtree. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE Item #1 Chain Bridge Properties, L.L.C. Page 9 KNIGHT AYE MILLER ABSENT RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the application of Chain Bridge Properties has been approved by the Board. Dorothy Wood: Thank you for coming Mr. Jones and Mr. Warner. W In Reply Refer To Our File No. DF-5915 TO: Leslie L. Lilley FROM: William M. Macali'0, RE: Conditional Zoning Application Chain Bridge Properties, L.L.C. CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 11, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 24, 2004. I have reviewed the subject proffer agreement, dated March 26, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. Vv`M? 1nlb Enclosure CHAIN BRIDGE PROPERTIES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 26+h day of March 2004, by and between CHAIN BRIDGE PROPERTIES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Rose Hall District of the City of Virginia Beach, containing approximately 1.753 acres as more particularly described in Exhibit "A' attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from I-1 Industrial District to B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the GRANTORS' rezoning application gives rise; and GPIN: 1496-48-7963 PREPARED BY: SYKES, BOURDON, AHERN & LEVY, P.C. 281 INDEPENDENCE BLVD. PEMBROKE ONE, FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "657 LYNNHAVEN PARKWAY LANDSCAPE PLAN," prepared by The Spectra Group, dated 3/25/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, the exterior of the building designated "Jared's 6100 S.F." on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits entitled "JARED, The Galleria of Jewelry, Lynnhaven Mall, Virginia Beach, Virginia", prepared by Cedarwood Architectural, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Jared Elevations"). 3. When the Property is developed, the exterior building materials and colors of the building depicted on the Jared Elevations shall be substantially similar 7 to those provided on the exhibit entitled "JARED, The Gallery of Jewelry, Lynnhaven Mall, Virginia Beach, Virginia, SAMPLE BOARD", prepared by Cedarwood Architectural, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Jared Sample Board". 4. When the Property is developed, the exterior of the building designated "Starbucks/Retail Bldg. 5000 S.F." on the Site Plan shall be substantially similar in appearance to the elevations shown on the Exhibit entitled, "A PROPOSED RETAIL - 657 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA.," dated 3/28/04, prepared by Little Architectural Consulting, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Retail Elevation") . 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. The Property may only have one or more of the following land uses: a. Bakeries, confectioneries and delicatessens; b. Beverage manufacturing shops, which shall not exceed 3000 square feet in floor area; C. Business studios, offices and clinics; d. Drugstores, beauty shops, barbershops and other personal service establishments; e. Eating and drinking establishments with or without drive through windows; f. Financial institutions; g. Florists, gift shops, stationery stores; h. Furniture repair, upholstering, repair services for radio, television and household appliances; i. Grocery stores, carryout food stores and convenience stores; j. Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; k. Laundry and dry cleaning agencies; 1. Liquor stores; In. Medical and dental offices and clinics; n. Medical laboratories; o. Museums and art galleries; p. Outdoor cafes; q. Outdoor plazas; r. Personal service establishments; S. Public buildings and grounds; 3 t. Repair and sales for radio, television, household appliances and small business machines; U. Retail establishments; V. Specialty shops. No other land uses, otherwise permitted under Section 901 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia shall be permitted to operate on the Property. 7. Purther conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 4 The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee- 5 WITNESS the following signature and seal: CHAIN BRIDGE PROPERTIES, L.L.C. , a Virginia limited liability company By: Global Media, Inc., Managing Member /�. (SEAL) ayb� Peter A. Batten, President STATE OF VIRGINIA fFFY-'/COUNTY OF IraAcl , to -wit: The foregoing instrument was acknowledged before me this- day of March g g� g y 2004, by Peter A. Batten, President of Global Media, Inc., Managing Member of Chain Bridge Properties, L.L.C., a Virginia limited liability company. Newcus Notary Public r� My Commission Expires: 4 Iso EXHIBIT "A" ALL THAT certain lot, piece or parcel of land situate, lying and being in the Lynnhaven Borough in the City of Virginia Beach, Virginia, together with all buildings and improvements thereon or thereunto belonging, shown on Parcel 67 in Map Book 186, Page 47, in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, and described as follows: Beginning at a point in the western line of Lynnhaven Parkway, said point of being S 03" 07' 52" E a distance of 250.00' from the southwest intersection of Guardian Lane (formerly Frankell Lane) and Lynnhaven Parkway; thence, with the western line of Lynnhaven Parkway S 03° 07' 52" E a distance of 250.00' to a pin found; thence, with the northern line of the Estate of Robert M. Stein et al as described in Deed Book 2717, Page 1033, said Clerk's Office, S 86' 52' 08" W a distance of 319.61' to a pin found in the eastern line of Phoenix Drive; thence, with the eastern line of Phoenix Drive along the following three courses: N 06' 01' 00" E a distance of 45.17' to a point of curvature; thence, along a curve to the left having a radius of 977.51' an arc distance of 156.07' to a point of tangency; thence, N 03° 07' 52" W a distance of 50.00'; thence, along the southern line of Parcel 52 as shown in Map Book 186, Page 47, said Clerk's Office, N 86' 52' 08" E a distance of 300.00' to the point of beginning, containing 1.75 acres. TOGETHER WITH all rights to use that portion of a perpetual, Cross -Reciprocal Ingress/Egress Easement contained within the bounds of Parcel 52 as dedicated and more fully depicted in Map Book 186, Page 47, in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, to which reference is hereby made for a more complete description of said easement. GPIN: 1496-48-7963 CONDMONALREZONING/CHAINBRIDGEPROPERTIES/PROFFER Conditional Zoning Change from AG & 2 to Cond. R-10 PD-H2 # I DATE IREQUEST I ACTION 1 03/04/03 Change of Zoning (AG-1 & 2 Agricultural Districts Granted to R-30 Residential District with a Conditional Use Permit of Open Space Promotion 2 07/30/01 Conditional Use Permit (preschool) Granted 3 05/11/99 Change of Zoning (AG-2 Agricultural District to P-1 Granted Preservation District, AG-2 Agricultural District to PD-H 1 �M <l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: West Neck, L.L.C. — Change of Zoning District Classification MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of West Neck, L.L.C. for a Change of Zoninq District Classification from AG-1 and AG-2 Agricultural Districts with Historic and Cultural District (HCD) Overlay (portion of) to Conditional R-10 Residential District with a PD-1-12 Planned Unit Development District Overlay on property located on the west side of West Neck Road, approximately 380 feet south of North Landing Road (GPINS 14937921020000; 14946000930000). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant is requesting a change of zoning for two (2) parcels, totaling 108.8 acres, located in Princess Anne (Transition Area), from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District with a PD-1-12 overlay. The new subdivision is proposed with almost 60 percent open space, consisting of "pocket" parks, lakes, and open space. Of the 108 proposed dwellings, 76 will have direct views of open, green space. The site layout, landscaping, and conceptual elevations are all proffered. The applicant is proposing to develop 108 single-family residential housing units with lot sizes that will range in size from 10,000 square feet to 34,000 square feet. The neighborhood is designed with three (3) home and parcel sizes, consistent with the recommendations of the Transition Area Guidelines for varied lot sizes. Development potential in the Transition Area is kept purposefully low. The maximum allowable density of residential development is one dwelling unit per acre. This density minimizes the level of impact on existing public infrastructure; avoids the need for higher level and more expensive urban improvements; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density, more urban type development in this area. The proposed plan reflects the goals outlined in the Comprehensive Plan for development in the Transition Area in terms of natural resource protection and integration, vehicular and trail West Neck, L.L.C. Page 2 of 2 connectivity, trail system accessibility, lot size variation, and public open space accessibility. Early discussions with the applicant revealed their desire to create a high quality neighborhood with connectivity to the adjacent parcels while avoiding, not merely integrating, the special natural resources on this site. The result is a unique development with its own development standards suitable to the desired character of the area. This proposal will complement the undeveloped subdivision to the west (Victoria Park) as both vehicular and trail connections to that development are planned. Connections are also shown to any development that may be proposed to the south. Staff recommended approval. There was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map V'tecommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �y� 112-214-CRZ-2004 WEST NECK, LLC Agenda Item # 5 July 14, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information 14 REQUEST: Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts and the Historic and Cultural District to Conditional R-10 Residential District with a PD-1-12 overlay. LOCATION: Property located on the west side of West Neck Road, approximately 380 feet south of North Landing Road. West Neck, -'__ t•1,,` ;tom -� GPIN: 14937921020000;14946000930000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 108.8 acres WESTNE Agenda EXISTING This vacant site contains fallow agricultural, grassed fields that are LAND USE: bordered by trees along the northwest and southern property lines. SURROUNDING . North Landing Road, Single -Family dwellings, LAND USE AND North: vacant parcel / AG-2 Agricultural District ZONING: South: • Vacant wooded parcel / AG-1 Agricultural District • West Neck Road, Single -Family dwellings, Church, East: Vacant parcels / AG-1 Agricultural District • Undeveloped, fallow agricultural fields (Future site of 'Victoria Park Community" - approved by City Council March 10,2003) / Conditional R-20 West: Residential District NATURAL This site is located within the Southern Watersheds Management RESOURCE Area. The two (2) parcels are primarily fallow agricultural fields, with AND large wooded areas to the north and south, 12.5 acres and 24.1 CULTURAL acres respectively. The development's layout has preserved the vast FEATURES: majority of these wooded areas. Approximately two (2) acres are slated for removal. Several areas of nontidal wetlands have been identified within these wooded areas. These wetland areas will remain undisturbed. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. r Sropos r � The applicant is requesting a change of zoning for two (2) parcels, totaling 108.8 acres, located in the Princess Anne/Transition Area from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District with a PD-H2 overlay. The new subdivision is proposed with almost 60 percent open space, consisting of "pocket" parks, lakes, and public open space. Of the 108 proposed dwellings, 76 will have direct views of open, green space. The site layout, landscaping, and conceptual elevations are all proffered. The applicant is proposing to develop 108 single-family residential housing units with lot sizes that will range in size from 10,000 square feet to 34,000 square feet. The neighborhood is designed with three (3) home and parcel sizes, consistent with the recommendations of the Transition Area Guidelines for varied site sizes. The submitted plan depicts the approach into the subdivision, off of West Neck Road, as "neo-traditional' in style. The majority of the smaller, 10,000 square foot lots are proposed closest to the entry and are sited on either side of a large, rectangular, open space. Many of these homes will be adjacent to or have views of the open spaces that will remain free of development. These homes will be designed in the neo-traditional style with garages in the rear, access from a 22-foot wide alley, and front porches, all indicative of that style of development. The medium sized lots flank the smaller lots at the entrance and give way to the larger, often wooded sites that are mainly located on the perimeter of the property. The proposed development has been designed with trail and vehicular connectivity to the imminent subdivision to the west, approved by City Council on March 10, 2003 (Harbor Development/Victoria Park) and which is currently undergoing final site plan review. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the guidelines outlined in the Comprehensive Plan for sites located in the Princess Anne / Transition Areas (Chapter Five). Compatibility with surrounding land uses. Comprehensive Plan The Comprehensive Plan recognizes this site to be within the Princess Anne / Transition Area of the City of Virginia Beach. Below is a general description of the recommendations for residential development proposed within the Transition Area. The WEST NECK, -LLC Agenda Item.*5 Page_ 3 attached Transition Area Matrix found in the Supplemental Information section of this report specifically addresses important elements of this proposal such as natural resources, amenities (open space/recreation), development design, infrastructure, etc. The Comprehensive Plan states: "Within the Transition Area, developers are encouraged to cluster housing and employ the most creative planning and development techniques. They are also encouraged to aggregate density in areas served by adequate roads and public utilities and to reduce density in and around environmentally sensitive areas... Part of this vision includes the need to preserve our natural resources and promote open space and recreational opportunities in the Transition Area"(page 141). Page 147 states that "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the in the northern urban area ..." The Plan recommends that residential development within the Transition Area be at lower densities than development to the north and that natural site features be considered during development design prior to building placement. s 1 _ The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 When development takes place upon that portion of the Property which is to be developed, it shall be as single- family residential community of no more than one hundred eight (108) building lots substantially in conformance with the Exhibit entitled "REZONING EXHIBIT OF MANCHESTER STATION" (Sheets 1 and 2), dated April 7, 2004, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). Each building lot shall be developed with double (i.e. two times) the `Total Canopy Cover Required" as specified in the City of Virginia Beach's "Residential Tree Requirement Table" published by the Virginia Beach Department of Planning as of the date hereof. PROFFER # 2 When the property is developed, the numerous parks, preserved forested area and open spaces containing approximately 57.9 acres of landscaped parklands, lakes, passive recreation areas, community activity areas featuring an extensive trail system, park benches, and picnic areas lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. PROFFER # 3 When the property is developed, the pedestrian pathway system and open space improvements shall be constructed and the installed landscaping shall be substantially as depicted on the Concept Plan (pg. 2). Public access and use of the pedestrian pathway system shall be permitted. PROFFER # 4 When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, including the community owned open space with pedestrian pathway system, the entrance feature and community activity areas. PROFFER # 5 All residential dwellings constructed on Lots numbered 1- 3, 65-72 and 75 shall be substantially compatible with the architectural style and materials depicted on the elevations designated "NEO-TRADITIONAL STREETSCAPE" on page 2 of the Concept Plan. Any one story dwelling shall contain no less that 2200 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less that 2400 square feet of enclosed living area excluding garage area. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage, and require that the street address be posted on the garage wall nearest the alley as well as at the front of the dwelling. PROFFER # 6 All residential dwellings constructed on lots not referenced in Proffer #5 above, shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than fifty percent (50%) brick stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. PROFFER # 7 Further Conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R- 10 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. Staff Evaluation of The proffered plan represents an excellent application of Proffers: the Transition Area Guidelines. The agreement ensures that the existing environmentally sensitive features on the site will be protected and preserved. Rather than attempting to place homes within the woods, the woods were simply avoided. The valuable wooded areas that provide visual buffers and wildlife habit will remain almost entirely preserved. In addition, the almost seven acres of, WEST NECK, :LLC Agenda Item:# 5 Page 6 nontidal wetlands will also remain untouched. Restoration is also part of the plan as the applicant has proffered to restore trees at a rate of two times what is typically required of single-family development. The layout provides and maintains scenic vistas as one either travels past on West Neck Road or through the development. The proffer agreement ensures that the size, quality and architectural style are all consistent with what has been submitted, the vehicular and trail connections to the adjacent subdivision and the public trails are all constructed as presented; and that a homeowners' association will be created along with restrictive covenants. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated April 27, 2004, and found it to be legally sufficient and in acceptable legal form. LAND USE PLAN General Requirements: • Lot Coverage — maximum lot coverage for all lots shall not exceed 40 percent. • Lot Width — minimum lot width shall be 75 feet with the exception of corner lots that shall have a minimum lot width of 80 feet. • Accessory Structures include, but are not limited to: trellises, decks above 16 inches in height, pools, hot tubs, detached garages, sheds, and arbors. • Fencing — Any fence adjacent to open space shall be opaque and no higher than four (4) feet, with the exception of lot 46, 47, 48, 52, 53, 77, 81, 82, 85, 86, 87 and 99 through 108, which may have fencing up to six (6) feet in height along the sides and the rear. Any fence adjacent to a 22 foot right-of-way (identified on the concept plan as the rear of the lot with an "R") shall be no closer than five (5) feet from the right-of-way, no higher than six (6) feet and must utilize maintenance free building materials. Section A (through lots): • Setback from 22 foot right-of-way (identified on the plan as "R"): Principal Structure 30 feet, Accessory Structure 20 feet. • Setback from a one-way right-of-way and from a 50 foot right-of-way (identified on the plan as "F"): Principal Structure 15 feet, Accessory Structure 20 feet. EST NECK Agenda Ite P .LC #5 e7 • Side yard setback: Both Principal and Accessory Structures 10 feet. Side yard setback corner lots: Both Principal and Accessory Structures 20 feet from right-of-way. Section B (lots 70, 71, 72): • Front yard setback adjacent to right-of-way (identified on the plan as " F"): Principal Structure 20 feet, Accessory Structure 20 feet. • Rear yard setback adjacent to open space (identified on the plan as "R"): Principal Structure 15 feet, Accessory Structure 30 feet. • Side yard setback: Both Principal and Accessory Structures 10 feet. Side yard setback comer lots: Both Principal and Accessory Structures 20 feet from right-of-way. Section C: • Front yard setback: Principal Structure 20 feet, Accessory Structure 20 feet • Rear yard setback: Principal Structure 20 feet, Accessory Structure 10 feet • Side yard setback: Both Principal and Accessory Structures 10 feet. Side yard setback corner lots: Both Principal and Accessory Structures 25 feet from right-of-way. Section D: • Front yard setback: Principal Structure 25 feet, Accessory Structure 25 feet • Rear yard setback: Principal Structure 20 feet, Accessory Structure 15 feet • Side yard setback: Both Principal and Accessory Structures 15 feet. Side yard setback comer lots: Both Principal and Accessory Structures 30 feet from right-of-way WEST NE Agenda I-A L° I ff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) Development potential in the Transition Area is kept purposefully low. The maximum allowable density of residential development is one dwelling unit per acre. This density minimizes the level of impact on existing public infrastructure; avoids the need for higher level and more expensive urban improvements; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density, more urban type development in this area. The Comprehensive Plan states that "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the in the northern urban area ..." The Transition Area is viewed not as a continuation of the urban areas to the north or the rural areas to the south but as a transitional zone between the two. The Plan recommends that residential development within the Transition Area be at lower densities than development to the north and that natural features be considered during development design prior to building placement. To further this concept, the Transition Area Guidelines were adopted to ensure that growth in this area is suitable to the character of the area and respectful of environmental features. This plan reflects the goals outlined in the Comprehensive Plan for development in the Transition Area in terms of natural resource protection and integration, vehicular and trail connectivity, trail system accessibility, lot size variation, and public open space accessibility. Early discussions with the applicant revealed their desire to create a high quality neighborhood with connectivity to the adjacent parcels while avoiding, not merely integrating, the special natural resources on this site. The result is a unique development with its own development standards suitable to the desired character of the area. (2) Early discussions with the applicant revealed their desire to create a high quality neighborhood with connectivity to the adjacent parcels while avoiding, not merely integrating, the special natural resources on this site. The result is a unique development with its own development standards suitable to the desired WEST NECK, .LLC Agenda Item # 5 Page 9 character of the area. There are existing single-family dwellings adjacent to this site to the north. The existing wooded and wetland areas that will remain undisturbed will buffer most of these parcels. Closer to the entrance, this buffer diminishes; however, the residentially developed parcels that are immediately adjacent are very deep and the existing homes are not likely to be visually impacted. This proposal will complement the undeveloped subdivision to the west (Victoria Park) as both vehicular and trail connections are planned. There is a large, wooded parcel to the south that is currently zoned agricultural. The applicant has placed the trail through the woods so that a link could easily be made onto that site if it were to be developed. The required 300 foot wide buffer adjacent to the arterial roadway is depicted on the conceptual plan. This will provide a nice scenic vista as one travels along West Neck Road. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. Zoning History Conditional Zoning Change from AG1 & 2 to Cond. K-70 Nu-HZ # I DATE IREQUEST I ACTION 1 03/04/03 Change of Zoning (AG-1 & 2 Agricultural Districts to R- Granted 30 Residential District with a Conditional Use Permit of Open Space Promotion 2 07/30/01 Conditional Use Permit (preschool) Granted 3 05/11/99 Change of Zoning (AG-2 Agricultural District to P-1 Granted Preservation District, AG-2 Agricultural District to PD-H1 WEST NE Agenda Public Agency Comments Public Works Master Transportation Plan (MTP): West Neck Road is a two (2) lane suburban arterial. Future improvements to this section of West Neck Road are programmed with Virginia Department of Transportation and within the City's Capital Improvement Program. These improvements include construction of a four (4) lane divided highway from North Landing Road to just south of the Villages of West Neck. A right turn lane, as shown on the plan, is warranted. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2,939 13,600 — 0 ADT West Neck Road ADT ADT' Proposed Land Use 3— 1,034 'Average Daily Trips Z as defined by a fallow agricultural field 3 as defined by 108 single family dwellings Public Utilities Water: There is a 12 inch water main in West Neck Road fronting the site. This site must connect to City water. Hydraulic analysis is required to ensure potential water demand can be met. Sewer: There is a 12 inch sanitary sewer main and a 10 inch City sanitary sewer force main in West Neck Road fronting the site. Sanitary sewer and pump station analysis is required to determine if proposed flows can be accommodated. Construction plans and bonds area required. Public Schools WEST NECP Agenda Ite Pa LLC m5 ge 12 School Current Capacity Generation 1 Change 2 Enrollment North Landing 658 628 34 32 Elementary Landstown Middle 1622 1653 18 17 Kellam High 2346 1850 23 21 -generation" represents the numoer of students mat me oeveiopmem will aou w u it; su iuvi 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. To the greatest extent possible, trails should be designated to maximize sight lines and surveillance opportunities by users, while maintaining the natural appearance of the open space amenities. Fire and Rescue: On street parking will not be permitted on roads 20 to 26 feet in width. Only one side of any street may have vehicles parked on it for any street between 26 feet and 32 feet wide. Exhibit B Proposed Site Plan H OVOI 9MIUMV7 HLYON Exhibit C 'Proposed Landscape Plan Exhibit D Typical Building Elevation (Neo- Traditional) m NOUDIIEVONINOZHUNOUICN03 am G m c L� G= .$2 m G C m .� u C V �j C y •G .�y i.. y t> G � g= a •G = N t y ` N y Cy O� SAD N>() aNE Nm m•t °1 3�-_-y-, �'o m�� jj »mc= d m�m�c c{Lp3 o c ESN 2.3. a» aso ut W gym t^ d cN Ft`m �E�LOA c �h m 4m »L G O 8� P�• b O. p �a �ct3 ep -i Q G�.�p yisi c�n�E��o cwE�•43 c � ���•`�' c �>.L =c'S�m 8� a °wars' �b cr�c ti°d wop= ONCQ,B�_Eoc`s.• vgr a2 a\sQ'•. dos o>r'ai_ cECya `�'�gid c�,.'®a�d°ID'oEr �� Z���.Srj•; "mom,`>Sb¢i ummrc5 mjC-0 Lm.) sa »pvomNA"a O�ant� '�C q Ya TG a m� o ma 3mw4 uo. c� }}i"i •.-»�mc_ ESoID C•o,°- 8 Q �;s, c ao... ep A7l G� ?�ba :�'�a'�E�=,cm. o=N Ucwgi CV•`.. �\.�� 6�fl•IC �Bmpp ? w` 23>C CmGpU Ut= Va». »�62cp 1i N ID `:& tl o£ O C Om c g c a m ai 6 m L M.r i7 �y e�� s O `a c c mc`crri G �o CsiE c�` r3 �'c �t E Oa•c��.�33 � v� _Qi ':, gi c �y UQaa_ V _� an��.c `g'c 1Ac i �•N wnID�m; E cr � cm Emroq Lo �43o E b_8o c a z� GC g V tl— �•� »� G C•- G O »Z i 3 m S macro ..>> ,o Ep 5O O♦ %OO mu'C O C3 1 3 •- G v JMN •"- v G C% J G V L 1 jI pO I m y i Ty —is ti m N p LU'1 •O = � �� m C = p ..G mo.Ef 13 NOIZd'JPiddd 9NINOZrLn,'1VNOIZIQNO3 Exhibit E Disclosure Statement Exhibit F Supplemental Information Transition Area Matrix Allowable maximum residential density for any rezoning in the Transition Area under the policies of the Comprehensive Plan is 1 unit per acre. The maximum density can be achieved through adherence to the Evaluative Criteria provided below and further explained in the Design Guidelines for the Transition Area. Each section of the Evaluative Criteria below ties to the Design Guidelines through the graphic icon at the top of the section. For further guidance on the respective section of the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon. Staff will `score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then totaled and the total is 'plugged' into the formula below to determine the recommended maximum density for the development. PROJECT: Manchester Station Evaluative Criteria Total Comments Natural Resources Degrees to which the project 2.0 preserves and integrates into the overall project the natural resource amenities on the site. Amenity Nature and degree of the 4.0 amenity Design Degree to which the project 5.0 incorporates good design into the project (A) TOTAL: (B) TOTAL 111 possible points (C) TOTAL / 11 * 0.5 = (D) Line (C) + 0.5 du/acre = (E) Line D * total developable acres (108.8) _ Line A — total number of points from the worksheets on the following pages. Line B — total divided by the total number of possible points, which is 11 11.0 1 0.5 1.0 du/acre 108 units Line C — total from Line B muldplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible 1 dwelling unit per acre (du/ac). Line D --total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. Line E — total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. a 11 N tural Resources a Existing forests, wetlands, meadows, cultivated fields, and related features Total a) Are natural resources protected? Comments: YES X (0 to 1 • Yes, the proposed lots have been located 1.0 outside of wetlands and the wooded areas point) that currently exist on the site. NO 0 (0 points) b) Are natural resources integrated into project? Comments: YES X (0 to 1 • Yes, recreational trails meander through the point) 1.0 wooded areas. Some areas of the homes are tucked into the wooded areas. NO 0 (0 points) NATURAL RESOURCES TOTAL 2.0 Insert in appropriate box on page 1 (2) Amenity A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? YES X (0 to 1 point) 1.0 Comments: • Yes, in the form of a minimum 300-foot buffer along the right-of-way. The wide buffer is visually available to those who do not own property in the subdivision; the trails in the community are available to the public as specified in the proffers that accompany the rezoning. • Large wooded portions of the site are also provided as amenities. NO ❑ (0 points) b) Does the amenity consist of recreational components? YES X (0 to 1 point) 1.0 Comments: • Yes in the form of trails and open space areas. NO ❑ (0 points) WEST NE Agenda c) Are improvements made that provide visual or physical access to the natural resources on the site OR are improvements made to create a new amenity to the property? YES X (0 to 1 point) 1.0 Comments: • Yes, the trails provide access to the open space areas, and the proposed storm water management facilities. • Storm water management facilities are integrated into the site as amenities. NO ❑ (0 points) d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? YES X (0 to 1 point) 1.0 Comments: • The proposed trails are linked with the surrounding parcels. • The trails connect to the West Neck Road fight -of -way. • Connection to the adjacent Victoria Park community is provided. NO ❑ (0 points) AMENITY TOTAL Insert in appropriate box on page 1 4.0 3Desin Creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? YES X (0 to 1 point) 1.0 Comments: Yes, stormwater management facilities are used as lakes surrounded by open space and accessible to the public and residents through the trail system. NO ❑ (0 points) b) Is there an attempt to integrate the amenities as an integral part of the overall development? YES X (0 to 1 point) 1.0 Comments: • Yes, there is an attempt to integrate the units with the amenities within the development through the trail system. NO ❑ (0 points) WEST NE Agenda c) Does the development retain or create views or scenic vistas that can be seen from the road? YES X (0 to 1 1.0 point) Comments: • Yes, a minimum of a 300- foot buffer will be created along the right-of-way maintaining the existing natural view. • The main entrance to the community provides a straight vista down a boulevard flanked by `neo-traditional' homes and anchored at the end by the lakes and surrounding open space. NO ❑ (0 points) d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? YES X (0 to 1 1.0 Comments: point) • Yes, there is a mixture of lot sizes. Lots range from smaller `neo-traditional' style size and types to larger suburban style sizes and types. • The development exceeds the 50% open space goal. NO ❑ (0 points) e) Does the development use roadway and "hard infrastructure" that is appropriate for its design? Is it consistent with the vision and recommendations of this area as expressed in YES X (0 to 1 1.0 the Comprehensive Plan? point) Comments: • The proposed roadway section is appropriate for its design. NO ❑ (0 points) DESIGN TOTAL 5.0 Insert in appropriate box on page 1 WEST NEC Agenda I F Item #5 West Neck, L.L.C. Change of Zoning District Classification West side of West Neck Road District 7 Princess Anne July 14, 2004 REGULAR Joseph Strange: The next item is Item #5 West Neck, L.L.C. An Ordinance upon Application of West Neck, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts with Historical and Cultural District Overlay to Conditional R-10 Residential District with PD-112 Planned Unit Development District Overlay on property located on the west side of West Neck Road approximately 380 feet south of North Landing Road in the Princess Anne District. Dorothy Wood: Mr. Bourdon. Eddie Bourdon: Thank you Madame Chairperson. Is there anyone that signed up to speak in opposition? I didn't think so. I'm going to make this brief. I think frankly I'd have a time doing a better job of explaining this application than Carolyn Smith did this morning in the informal session. My clients are here. The larger of the two parcels have been in the Overton Family for almost 40 years. They have worked closely with their land planners and with the City staff to come up with what I think is one of the best design, best applications that we've had. We've had a lot of superior ones in the Transition Area. This property is next to the Victoria Park project that will soon be under construction. They have worked in conjunction with them and they have the same engineering firm working on both so that the road system, the trail system and the open spaces are all connected and interconnected. Under the matrix, they have hit homeruns on every aspect of what our Comprehensive Plan wants to see in the Transition Area based on the TATAC recommendations or should I say the Princess Anne area. Staff recommended approval of this application and I think for very good reason. The one issue that was discussed in the informal this morning about the fencing and I think that condition has been reworded and corrected. The intent was and is that the fencing would all be open style or non opaque at four feet in height with the exception of a few lots that back up to heavily wooded areas and those are the lots along the southern side of the property - the lots where six foot fences that are and can go, also, a couple of places here. We have a couple of lots adjacent to heavily wooded areas. Out of 108 lots as originally worded there were 20 that could have solid fences but none of those are in place. We've taken two of those out, Lots 81 & 82 will no longer be an exception to the rule under the PDH Plan that they be open and opaque, which brings it down to a total of 18 lots that back up to woods. The remaining lots all require open fencing no more than four feet in height. I believe you all have the rewording on that. If there are any questions, we're here to answer them. I've had the pleasure of representing most of the applications in the Transition Area and been involved with the Ashville Park application as a property owner and I think this one is at the head of the class. It is certainly up there with Ashville Park Item #5 West Neck, L.L.C. Page 2 but it's a much smaller scale, a much smaller application. A number of those same features that Stephen Fuller introduced us too and staff is certainly doing a good job of trying to incorporate those into your plans. We think it will be a great addition to this part of the City. Dorothy Wood: Mr. Knight. Barry Knight: Eddie, when you talked about the open fences everywhere except for the lots where you just talked too. The lot owners have the options to have these fences open if they want too. Eddie Bourdon: Oh absolutely. They have every right to have an open fence. But we were concerned in those heavily wooded areas adjacent to areas where there isn't any visibility for security purposes with small children and wildlife whatever that we felt like that would be something that we might want in those limited circumstances. Barry Knight: That's the only discussion that I heard this morning. I certainly like your plan. TATAC Advisory Committee has kind of made our job a little easier because they have such wonderful guidelines in place. Like you did say, your correct in stating you hit a homer on every one of these criteria. So, unless anyone has any questions, I'll make a motion to approve. Eddie Bourdon: It makes my job easier too. Dorothy Wood: A motion by Barry Knight and seconded by Jan Anderson. Is there any more discussion? AYE 10 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the application of West Neck, L.L.C. has been approved by the Board. Dorothy Wood: Thank you. In Reply Refer To Our File No. DF-5927 TO: Leslie L. Lilley FROM: William M. Macali RE: Conditional Zoning Application West Neck, LLC CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 11, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 24, 2004. I have reviewed the subject proffer agreement, dated April 27, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WN Vnlb Enclosure PREPARED BY: SWES. $OURDON. AHERN & LEVY. RC WEST NECK, L.L.C., a Virginia limited liability company, PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 271h day of April 2004, by and between WEST NECK, L.L.C., a Virginia limited liability company, Grantor, party of the first part; PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 11.35 acres and described as Parcel One in Exhibit "A' attached hereto and incorporated herein by this reference. Said parcel along with Parcel Two as described in Exhibit "A' are hereinafter referred to as the "Property"; and WHEREAS, the party of the first part as the contract purchaser of Parcel One and the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 97.41 acres, described as Parcel Two in Exhibit "A", has initiated a conditional amendment to the Zoning Map of City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 Agricultural Districts and Historic and Cultural Overlay District to Conditional R-10 Residential District with a PDH2 Overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and PIN: 1494-60-0093 1493-79-2102 1 PREPARED BY: SYKES, BOURDON. AHERN & LEVY. P.0 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-10 Zoning District by the existing Zoning Ordinance, and by the provisions of the PDH2 Overlay District adopted herewith, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When development takes place upon that portion of the Property which is to The developed, it shall be as a single family residential community of no more than one 1hundred eight (108) building lots substantially in conformance with the Exhibit entitled "REZONING EXHIBIT OF MANCHESTER STATION" (Sheets 1 and 2), dated April 7, 2004, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach 2 PREPARED BY: SYK£S. $OURDON. AHERN & LEVY. P.C. City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). Each building lot shall be developed with double (i.e. two times) the "Total Canopy Cover Required" as specified in the City of Virginia Beach's "Residential Tree Requirement Table" published by the Virginia Beach Department of Planning as of the date hereof. 2. When the property is developed, the numerous parks, preserved forested area and open spaces containing approximately 57.9 acres of landscaped parklands, lakes, passive recreation areas, community activity areas featuring an extensive pedestrian pathway system, park benches, and picnic areas lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. 3. When the property is developed, the pedestrian pathway system and open space improvements shall be constructed and the installed landscaping shall be substantially as depicted on the Concept Plan (pg. 2). Public access and use of the pedestrian pathway system shall be permitted. 4. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, including the community owned open space with pedestrian pathway system, the entrance feature and community activity areas. 5. All residential dwellings constructed on Lots numbered 1 — 3, 65 — 72, and 75 shall be substantially compatible with the architectural style and materials depicted on the elevations designated "NEO-TRADITIONAL STREETSCAPE" on page 2 of the Concept Plan. Any one story dwelling shall contain no less than 2200 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage, and require that the street address be posted on the garage wall nearest the alley as well as at the front of the dwelling. 6. All residential dwellings constructed on lots not referenced in Proffer #5 shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which 3 PREPARED BY: SYKES. BOURDON. AHERN & LEVY. K are no less than fifty percent (50%) brick stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. 7. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. references hereinabove to the R-10 Zoning District and the PDH2 District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 4 PREPARED BY: . SYKES. BOURDON, AHERN & LEVY. P.0 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 WITNESS the following signature and seal: GRANTOR: WEST NECK, L.L.C., a Virginia limited liability company By: "0" ENTERPRISES, INC., a Virginia corporation, Member By: �(SEAL) e ey . Benson, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 29tb day of April 2004, by Jeffrey F. Benson, Vice President of "0" Enterprises, Inc., a Virginia corporation, sole Member of West Neck, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2006 PREPARED BY: SYK£S. ROURDON. ARM & LEVY. P.0 -/-, "� "� --�' e�' Notary Public 6 WITNESS the following signature and seal: GRANTOR: PRINCESSBORO DEVELOPMENT COMPANY, INC., a Virginia corporation By: lot (SEAL) C. Mic4ael FA,President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 29tb day of April 2004, byCMichael Fisher, President of Princessboro Development Company, Inc., a Virginia corporation. My Commission Expires: August 31, 2006 PREPARED BY. SYKES, BOURDON, AHERN & LEVY. P.0 _ e Notary Public EXHIBIT "A" PARCEL ONE: ALL THAT certain tract, piece or parcel of land with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Seaboard Magisterial District, Princess Anne County, now the City of Virginia Beach, Virginia, and more particularly described as follows, to -wit: BEGINNING at a point on the Southern edge of the North Landing Road (Route 165) where the property herewith conveyed joins the property of Marvin Flora and from said point of beginning running thence along the Southern edge of the North Landing Road North 73 degrees 47 minutes East 518.3 feet to a point; thence continuing along the Southern edge of the North Landing Road North 75 degrees 40 minutes East 190.2 feet to a point; thence continuing along the Southern edge of the North Landing Road North 75 degrees 40 minutes East 26.2 feet to a point; thence turning and running along the Western side of a parcel designated on the plat hereinafter referred to as "I" South 26 degrees 30 minutes East 212.2 feet to a point; thence continuing along said course 15.4 feet to a point; thence turning and running North 75 degrees 40 minutes East 345.6 feet to a pin; thence turning and running along the Western side of the property designated on the hereinafter referred to plat as D.J. Vaughan South 23 degrees 20 minutes East 270.71 feet to a pin on the edge of a canal ditch; thence continuing along the same course to the centerline of said ditch; thence turning and running along the centerline of the said canal ditch South 68 degrees 40 minutes West 548.51 feet to a point; thence continuing along the centerline of said canal ditch South 67 degrees 16 minutes West 672 feet to a pin in the centerline of another ditch; thence turning and running along the centerline of said ditch North 28 degrees 669 feet to a pin in the Southern edge of the North Landing Road, the point of beginning. LESS, SAVE AND EXCEPT that certain (20) twenty foot right of way shown on the plat hereinafter referred to and designated (20) twenty foot right of way, the same measuring (20) feet in width and lying along the Western side of the property herewith conveyed where the same joins the line of the property of Marvin Flora as shown upon said plat. , SAVE AND EXCEPT that conveyance in Deed Book 478, Page 463. , SAVE AND EXCEPT that conveyance in Deed Book 769, Page 442. , SAVE AND EXCEPT that conveyance in Deed Book 692, Page 539. , SAVE AND EXCEPT that conveyance in Deed Book 786, Page 230. PREPARED BY: IILESS, SAVE AND EXCEPT that conveyance in Deed Book 872, Page 720. S US. ROURDON. ARIRN & LEVY. P C , SAVE AND EXCEPT that conveyance in Deed Book 1123, Page 159. 8 LESS, SAVE AND EXCEPT that conveyance in Deed Book 1158, Page 579. LESS, SAVE AND EXCEPT that conveyance in Deed Book 1266, Page 379. LESS, SAVE AND EXCEPT that conveyance in Deed Book 1432, Page 672. GPIN: 1494-60-0093 PARCEL TWO: ALL THAT certain tract or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as follows: BEGINNING at a point on the western side of West Neck Road, said point being distant 404.2 feet from a pin at the intersection of the western side of West Neck Road and the southern side of North Landing Road on a course S 34 degrees 54' 30" E and running thence S 34 degrees 54' 30" a distance of 113.2 feet to a pin; thence S 54 degrees 22' 30" W a distance of 140.2 feet to a pin; thence S 32 degrees 16' 30" E a distance of 117.7 feet to a pin; thence N 46 degrees 20' E a distance of 147.4 feet to a pin; thence S 35 degrees 57' 50" E a distance of 472.79 feet to a point; thence S 32 degrees 13' 20" E a distance of 291.69 feet to a pin; thence on a curve to the right with a radius of 1600 feet, a distance of 367.37 feet to a pin; thence S 19 degrees 04' a distance of 104.57 feet to a pin; thence on a curve to the left with a radius of 1200 feet, a distance of 193.35 feet; thence S 31 degrees 39' W a distance of 954.06 feet to a marked Hickory; thence S 31 degrees 59' 50" W a distance of 622.58 feet to a marked Beech; thence S 15 degrees 36' W a distance of 588.38 feet to a Maple stump; thence S 40 degrees 20' 30" W a distance of 134.89 feet to an axle in a Maple snag; thence N 67 degrees 47' W a distance of 94.04 feet to a pin; thence N 74 degrees 08' 30" W a distance of 122.08 feet to a marked Maple; thence N 71 degrees 18' 40" W a distance of 580.09 feet; thence N 48 degrees 28' 50" a distance of 773.56 feet to a pipe; thence N 35 degrees 27' 40" W a distance of 2139.96 feet to a point; thence N 61 degrees 28' 20" E a distance of 1899.15 feet to a pin; the point of beginning. GPIN: 1493-79-2102 PREPARED BY: SYKES, ROURDON. AH£RN & LEVY. P.0 9 # I DATE IREQUEST I ACTION 1 11/12/02 Conditional Use Permit for a church expansion. Granted 2 10/09/01 Modification of Conditions for a change of zoning from R-5d to Conditional 1-1. Granted 3 07/03/01 Change of zoning from Ag-2 to B-2 & Conditional Use Permit for automobile service station and Granted carwash. 4 09/14/99 Change of zoning from R-5d to Conditional 1-1. Granted 5 02/23/99 Conditional Use Permit Communications antenna. Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ronald Modlinger, M.D. — Change of Zoning District Classification MEETING DATE: August 24, 2004 ■ Background: An Ordinance upon Application of Ronald Modlinger, M.D. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional 0-1 Office District and Conditional R-5D Residential Duplex District on property located on the northwest side of Dam Neck Road, 1,150 feet south of Holland Road (GPIN 14950389940000; 14951400150000). The Comprehensive Plan designates this area as Strategic Growth Area 11 (West Holland Area), suitable for non-residential uses consistent with the Comprehensive Plan's policies for this area. DISTRICT 3 — ROSE HALL ■ Considerations: The applicant proposes to rezone the site for the purpose of constructing an office for his medical practice. The proposed site plan shows the building set back on the lot similar to the church located to the southwest. Parking is shown in the front with a proposed ingress and egress to the lot to the northeast, also owned by the applicant. The proposed building is modern in style with a split -face block and glass front. The rear of the building, set back far from Dam Neck Road, is largely metal, consistent with the church to the southwest. The Comprehensive Plan designates this area as part of Strategic Growth Area #11 — West Holland Area and recommends non-residential uses including offices. The Plan strongly recommends that the number of access points be limited on Dam Neck Road. Staff has worked with the applicant to ensure that the parcel to be rezoned and the adjoining parcel to the northeast will have only one point of ingress and egress. This is reflected in the proffers. The request is in keeping with the recommendations of the Comprehensive Plan for the area, and the use of this parcel for an office use is compatible to the surrounding land use in the area, including the church to the southwest. The Planning Commission placed this item on the consent agenda because they concluded that the proposed use is consistent with the recommendations of the Comprehensive Plan and with the surrounding land uses. There was no opposition to the request. Staff recommended approval. Ronald Modlinger, M.D. Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Aecommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: �, H 10-210-CRZ-2004 RONALD MODLINGER, M.D. Agenda Item # 15 July 14, 2004 Public Hearing Staff Planner: Karen Prochilo The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision reqardinq this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE 4;. Location a• G-3eneral Information Change of Zoning District Classification from R-5D Residential District to Conditional 0-1 Office District. Property located on the northwest side of Dam Neck Road, 1150 feet south of Holland Road. 14950389940000 3 — ROSE HALL 1.95 acres Me Nec May H--10 Ronald Modlin er co icele G-2 -I R- I \ R-5D .n p Nee o y _ J ' Conditional Zoning Change from R-SD to 0-1 EXISTING LAND USE: The property is underdeveloped and zoned R5D Residential District. SURROUNDING . Church, mini -storage / R-5D Residential District, 1-1 LAND USE AND North: Industrial District ZONING: . Across Dam Neck Road Single family residential / South: AG-2 Agricultural District East: • Single family residential / R-5D Residential District West: • Church / R-5D Residential District NATURAL RESOURCE AND CULTURAL The site has some stands of mature trees along the sides and rear of FEATURES: the property. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. NOW�a Summary of op• The applicant proposes to rezone the site for the purpose of constructing an office for his medical practice. The hours of operation will be Monday through Friday 9:00 AM until 7:00 PM. The practice currently employs six (6) staff members. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Comprehensive p e Plan The Comprehensive Plan designates this area as part of Strategic Growth Area #11 — West Holland Area and recommends planning for non-residential uses including offices (See page 85 of the Comprehensive Plan). The Plan strongly recommends that the number of access points be limited on Dam Neck Road. Staff has worked with the applicant to ensure that the parcel to be rezoned and the adjoining parcel to the northeast (also owned by the applicant) will have only one point of ingress and egress. This is reflected in the proffers. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout of Ronald Modlinger" prepared by Burkhart Thomas Reed Architecture Interior Designs, P.C. dated 5/28/04. PROFFER # 2 When the Property is developed, the landscaping design shall be developed substantially as shown on the exhibit entitled "Conceptual Landscape Design of Ronald Modlinger" prepared by Kathleen Zeren Landscape Design. Plan will be developed as depicted on the exhibit entitled "Conceptual Building Design" dated 5/28/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER # 4 All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto premises and away from adjoining property. PROFFER # 5 At such time that the parcel to be zoned Conditional R-5D (GPIN 1495-14-0015-0000) develops, access to such site as well as the parcel to be zoned Conditional 0-1 (GPIN 1495-03-8994-0000) shall be from the existing curb cut associated with the Conditional R-5D parcel. Furthermore, the existing curb cut to the parcel zoned Conditional 0-1 shall at that time be removed and a no ingress egress easement shall be platted along the Dam Neck Road frontage. PROFFER # 6 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Evaluation of The proffers are acceptable and address Staff concerns.. Proffers: City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated June 22, 2004 and found it to be legally sufficient and in acceptable legal form. 3, z vt, Staff lua I Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are (1) The request is in keeping with the recommendations of the Comprehensive Plan for the area, and (2) The use of this parcel for an office use is compatible to the surrounding land use in the area, including the church to the southwest. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable Citv Codes. ;cr` ROM 01 *s • Zoning History # I DATE IREQUEST I ACTION 1 11/12/02 Conditional Use Permit for a church expansion. Granted 2 10/09/01 Modification of Conditions for a change of zoning from R-5d to Conditional 1-1. Granted 3 07/03/01 Change of zoning from Ag-2 to B-2 & Conditional Use Permit for automobile service station and carwash. Granted 4 09/14/99 Change of zoning from R-5d to Conditional 1-1. Granted 5 02/23/99 Conditional Use Permit Communications antenna. Granted Public Agency Comments Public Works Master Transportation Dam Neck Road in the vicinity if this application is a Plan (MTP): four -lane divided major suburban arterial. It is shown on the MTP map as a divided facility on a 120 feet right-of- way, which is the existing roadway width. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - 55 35390 34,900 Dam Neck Road ADT' ADT' Proposed Land Use 3- 152 2 as defined by R-51D Residential zoning 3 as defined by a medical office building Stormwater: Location of proposed stormwater management facility to be coordinated during detailed site plan review. Public Utilities Water: There is a 16-inch City water main in Dam Neck Road fronting this site. This site must connect to City water. Sewer: There is an 8-inch City sanitary sewer main in Dam Neck Road fronting this site. Sanitary sewer system and pump station analysis for Pump Station 561 is required to determine if proposed flows can be accommodated. Public Schools No comments — not applicable to this application. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: I No comments at this time. r � ✓ I THIS IS TO CERTIFY THAT WE , ON MARCH 19. 2004 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES, AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A LEGAL TITLE REPORT, THEREFORE IT MAY NOT SHOW ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES WHICH MAY EXIST AND AFFECT THE PROPERTY. DIGITAL SURVEY SERVICES L.L.C. BY: ¢4 P/AjF� � 10096` `P,Nj.; ti �'4•Q.q San � 20'r�,-5--v��,,_ 21 0 60PINjF) h 1 Ot?R� 98� A k 4 Qrsv� 6 t4 n ^n pp v M; '1 atir a I 3 FLOOD' DATA, l THIS PROP£R7Y A??iAr?S '0 FALL ' O 10 ?NSiD£ FLOOD 20N£ /" AS SHOWN i.. ON F.£.M.A. FLOOD MAP COMMUNITY >� ar Q NUMBe'.4 515,531, PAI'�£•. NUMB£R ,, / toll V 0039E OA7ED 12-5-96. N�n f h THEODORE 440 NGS THEODORE MORWG-S (D.8.3249, PG.672) (0.8.3249, PG.672) GFIr, ;495—D3-8994 GPiN 1495-14-0015 M 39.900 SO. FT. 76,419 50. Fi, 0.92 ACRES 1.75 ACRES FR I SHED �E X v I VARWBLE WIDTH CONTEL EASEMENT 20' PERPETUAL X 37.5 ' o (ST. HNY. P.2. 10, PG. 6)- UTILITY EASEMENT t r�� x* I 1 (D.S. 3081• PG. 493; 474, iR' I.M.S. 219, PG. 80) actV--L Ir—' - o 1 100,01' 754,77' at:V(S) Drop '.,i r " I PlN(S) M±at S 1756 28' W 254. 72 J Drop (MOT PRLU U000-134-124, C-50Y R►f'.201) ;lr93D•+_ PHYSICAL SURVEY (100' & Y. t R/V (AB. 3M PG. 1429) R-'!L4ND PD. 0 ASARCS S D A,v ,NECK ROAD PRQ3'fX7Y OF MEODDW MOAW S (FORAiFRLY LANDSTOW ROAD) ON PLAT OF PROM Y OF LlUJEbr1 + &LERR CAPEP..'.1A.NENTGPAN J' AND GAIN GRANPGE EASEVIENi Digita Y1RG/N*ABEI;; V7Rt�Wi (D.B. 3081, PG. z93; {ST. HW- P.B. 10, PG. 6) Survey FOR. '"P. AROUND DROP INLETS RONALD E A/t7D wat Services 8 GTE PEZPE'UAL EASEMENT LAND SAPAYAO REF PLAT : W.B. 149. PC, 7 (D.S. 3142, PG. 225e) Zoos «� ce a!;P ROAD sn>E e ALONG Lj%ES & APPURTANCES CKS"PEAKF, Vk 2a:x D.B. 446. PG 318 Mr424 93W Fax)424-9=5 SCALE : 1'-50' DATE : MARCH 23, 2004 D;�' BY : KAW I PROD. # 0109704 c �nn+rSunwnscxs;Moo�as.e.o Exhibit B Site Survey Exhibit C Proposed Site Plan BURKHART 2 THOMAS i REM I � � o war rN - �S%LG%HLbf.i W!V:%Ii. YA Lrik. ��l' Yhyq�Y.w Vb/•J� axYl€SA!]1Wit#R'.?.'S16ku Exhibit D Proposed Landscape Plan BENT 44g:=4• �&�ff1�1�4►pE PIN(F) !OIJ.96- 21EI lPROPOSES LOCATOR OF 9Aif' GRN 1495-037595 j WILDING SETBACK/ i 0.92 BADN.- SFBA KJ LANDSCAPE. SUf'FER i _ 1 LAIIISCAPPESUFFLP. . I 17t1MP'�� hol�t�_�r�ti � RESAfINb ' (FILL 7N AK01ND � ex,sTlNb -Mee, WHeRe NEC6f•:A r 3 O n PROPOSED MMCAL OMCE r� I � i j EbSINC ORACN i EASING RESIDENTIAL ZOO P-5D MNED R.Sp I - ctrc-6o�Y x. ' i _ SCRP.EN7N b ! CFILL IN AQGNNL> eA is T�CLY i PARIGN E7 LflT - _._ wHeRE NEC.64-h 2.Y� i TRtHs P�E�'iIOL IF�II�ESSt�+IRiSi iCCE: , 20 PERPE iUAL iRFSTAMY,NC ' UTiuTY EASEMENT i 52CH. ,JAY. S.E: n j 9. 3il8i, F C. 493) {Y.H. 779. �C•. 80) I __ _ _ /... y!9, 35'••O" / 3ULDINC 11TQZ4ETFYLONT - i CANOPY TRCYS'S.--'. 1�,--. !1 7'50m e,+ercbleEegit HCEA.D ROAD CAM NECK BOAC I_ANDSCA=E PLAN- PROPOSED DEVELOPMENT s CENTER FOR HEART RONALD Exhibit E Proposed Building Elevation .ry ^.t,1Z to 1tU4CiI'33L'K lYlacl �1e"',w� �;s�a aaa�u+l .Nwne •non sl. °' ^`'� 937ML�31111iNb' � 033M i SYNOHI i BYRA A9 NOUVIIEV 9NINOZH IWOUMN03 z w 2 w Q w (A O J U Z w {t� Q w N O 1 U N a c £duo LwouDO+v-o d m �R� 9 ®U mN Gi6CgNCy 4 act_ 1 Spvc @_O omM `ois. c, c } Uy�L O > ' Q Lid c�c4 m'=uoi i_�o a?_ �Qqa yaO.a Qsw " G A N W N CJ D V x Z c �C olf.9 t�l Sm HU NC.5 mr,,CG d (a U isQN { i Nog c• crIDa=��.c •> nvoa a 13m� °1E d a b r 3 EN C C.N. m m O .= G H O tuj o � n" 3 (l 0 •, �' w � 0 v z me Z D,��QM coo opusog n-. p o•- �a ci cu C• i�; oaN:=- � •w ��� 3g y�P=p�cO?= noto�' S y � NowR D2ma�roN?a"_� 9,z= � chaff nee J y�`o� s�eeNe$'Ammmw�o O�a�mj.l`,w qua �mm� aLm.S?v 0 Lp m,,,Pa 'y�.u�o°'-9pm m Ca ory0 vim. ma7�p W��V ..1 .0.. 00 1 7 u G O 0O V C .0 YI S I Je Oz N I Oy t4 42 to +c` .y 'fl � r m p C� Lo_: � •q v J C y1 tj,� w C. Gj ate- I m M C n'S; '= me an W`Z3'mLL3 i A1 Q"`oFt o. � CDti gym° �Lm am acmes Lto ai fs co� o ry G~ l nr a S U 9 C to uoo� i 9 0m g= oe= e tc y SJa 'C O� j tK ❑ a2 3v N q`x3 +S as NOLitl'JPIddV 9nIlNOBHU 1dN0I1IQNOD RONALD Exhibit F Disclosure Statement DEPARTMENT OF THE NAVY NAVAL AIA ST:ATNON OCEANA 1750 TOWCAT BOULEVARD VIAGINA SFACN, VIRGINIA 23460-2168 �A''wruo'+►~ Ms. Karen Pro; h-ilo City of Virginia Beach Department of Planning -405 Courthouse Drive, Building - i`irginia Beach, VA 23456-9040 Dear :pis. Prochilo: Exhibit G Supplemental Information 1 AFPL� eE`E7 5716 Ser 33/0332 June 28; 2004 Thank you for the opportunity to review the Conditional Rezoning Application by Ronald Modlinger, M.D.; for a chance in zoning fro^ R-5D residential duplex to 0-1 office for a meLcai office practice off Cam Neck Road in Virginia Beach. fihe site -< 'located in the 10-75 decibel (dB) day -night average Qudn) noise zone. I'he Navy's Air Installations Compatible Use Zones (AlCUZ) Prcgram considers this use generally compatible with airfield operations. Measures to achieve noise level reduction arts% be incorporated i-ato the c'esign and construct_on of the building to achieve acoustical standards as set forth =n the Virginia Beach Zoning Crdinance. If you have any questions, contact my Community Planning Liaison Officer, Mr. Ray Firenze at (757) 433-3158. Sincerely and =Jery respectfully, 45TUART Captain, U.-.. Navy Commanding Officer Acting Copy to: CG^W,REG MIDLAN^ (00/NO2B) LANTtD! Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beat' Planning Commission OPM"L MOM FAX TRANSMITTAL •avow` MSJI TFd0-C1-217_7988 SOD!-161 OEMfiML7 SEPW"t, JYOWWSTMTON TO!] t'L>'ON LS19S'9ZVG 2m;e HNO3DO SdN Item #15 Ronald L. Modlinger, M.D. Change of Zoning District Classification Northwest side of Dam Neck Road District 3 Rose Hall July 14, 2004 CONSENT William Din: Our next item is Item #15 Ronald Modlinger. This is an ordinance for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional 0-1 Office District. The property is located on the northwest side of Dam Neck Road, 1,150 feet south of Holland Road in District 3 Rose Hall. Welcome sir. Ronald Modlinger: Morning. My name is Dr. Modlinger, the applicant. I've read the conditions and agree. William Din: This is a proffered item. You have offered six proffers on this application. Thank you. Is there any opposition to this item? There are none. I would like Mr. Crabtree to explain this item please. Thank you. Eugene Crabtree: We put this on the consent agenda because this is going to be a medical practice. The doctor is a cardiologist. It is within the Comprehensive Plan for the use of this property. It also is agreeable within the noise zone of the Oceana Air Station and that it does not conflict with the noise regulations. Also, this office is going to be built close to what is going to be two new medical facilities within a mile of his office. We feel like that this would be an appropriate use of this property so we put it on consent. William Din: Thank you Gene. Madame Chair, I would like to make a motion to approve the consent agenda consisting of Item # 15 Ronald Modlinger, with six proffers. Donald Horsley: Second. Dorothy Wood: A motion by our Vice Chair Will Din and seconded by Don Horsley. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS 0 ABSENT 1 ABSENT Item #15 Ronald L. Modlinger, M.D. Page 2 RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, this consent agenda item passes. In Reply Refer To Our File No. DF-5936 TO: Leslie L. Lilley FROM: William M. Macali- RE: Conditional Zoning Application Ronald Modlinger, M.D. CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 11, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 24, 2004. I have reviewed the subject proffer agreement, dated June 22, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WNWnlb Enclosure RONALD MODLINGER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this,2a ay of June, 2004, by and between Ronald Modlinger, Grantor, party of the first part, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the party of the first part is the owner of certain parcel of property located in District 3, Rose Hall, VIRGINIA, containing approximately 1.95 acres, more or less, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property", and WHEREAS, the party of the first part, being the owner of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional 0-1 Office District and Conditional R-5D Residential District, and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the G-PIN 1495-03-8994-0000 G-PIN 1495-14-0015-0000 community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use or the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by of exaction from the Grantee or its governing body and without any element of compulsion or qqid ro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal, representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, is shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout of Ronald Modlinger, prepared by Burkhart Thomas Reed Architecture Interior Designs, PC, dated 5/28/04. 2. When the Property is developed, the landscaping design shall be developed substantially as shown on the exhibit entitled "Conceptual Landscape Design of Ronald Modlinger, prepared by Kathleen Zeren Landscape Design. 3. The architectural design of the office building on the Site Plan will be developed as depicted on the exhibit entitled Conceptual Building Design, dated 5/28/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto premises and away from adjoining property. 5. At such time that the parcel to be zoned Conditional R-51) (GPIN 1495-14-0015- 0000) develops, access to such site as well as the parcel to be zoned Conditional 0-1 (GPIN 1495-03-8994-0000) shall be from the existing curb cut associated with the Conditional R-5D parcel. Futhermore, the existing curb cut to the parcel zoned Conditional 0-1 shall at that time be removed and a no ingress egress easement shall be platted along the Dam Neck Road frontage. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to 0-1 Office and R-5D Residential and to the requirements and regulations applicable thereto refer to Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by the City Council, which are by this reference. incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the grantee which was advertised pursuant to the provision of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, The Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the names of the grantor and the Grantee. WITNESS the following signatures and seals: GRANTOR: Ronald Modlinger 2�d Modlinger STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this -7,�2"4day of June, 2004, by Ronald Modlinger. My Commission expires: 3i /b t/ AA-- Notary Oublic Exhibit "A" PARCEL TWO: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia and being designated "Lillie G. Miller to Theodore Morings, .95 ac," as shown upon that certain plat entitled, "Landtown-Princess Anne Co., VA." dated June 13, 1962, and made by W.B, Gallup, County Surveyor, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 56, page 41. PARCEL ONE: ALL THAT certain lot, piece or parcel of land, with its appurtenances, situate in the City of Virginia Beach, Virginia, and described as "Theodore Morings" as shown on that certain plat entitled "Property of Theodore Morings at Landtown-in-Princess AnneCo., VA", dated March 10, 1956, made by W.B. Gallup, County Surveyor, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 446, page 318, containing two (2) acres, more or less, and fronting two hundred (200) feet on the western side of Landtown Road. jv 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Amendment to Sections 215 and 216 of the City Zoning Ordinance MEETING DATE: August 24, 2004 ■ Background: An Ordinance to Amend Sections 215 and 216 of the City Zoning Ordinance, Pertaining to the Repair of Certain Billboards. ■ Considerations: During its 2004 session, the General Assembly enacted legislation that supercedes City Zoning Ordinance provisions regarding the repair of certain nonconforming billboards. The legislation, which is codified as Virginia Code §33.1-370.2, allows lawfully nonconforming billboards located within sight of the main traveled way of any interstate highway, federal -aid primary (as of June 1, 1991) or national highway system highway to be repaired if the cost does not exceed 50% of the billboard's current replacement value, rather than original value, as is provided by the City Zoning Ordinance. The determination of whether the repairs to a particular billboard are within the 50% of replacement cost limitation is made by the Commonwealth Transportation Commissioner (rather than the Zoning Administrator). While the City's Building Codes Administrator may object to the Commissioner's determination, the Commissioner's decision on reconsideration is binding. The roadways which are included within the purview of the statute (and CZO amendments) are 1-264, Northampton Boulevard, Shore Drive, Independence Boulevard north of 1-264, Atlantic Avenue north of 1-264, Oceana Boulevard north of the Main Gate of Oceana Naval Air Station, Virginia Beach Boulevard from Oceana Boulevard to 1-264, and 1-64. The proposed Southeastern Parkway and Greenbelt is a National Highway System highway, but will be unaffected because there will be no lawfully nonconforming billboards on it. There are approximately 36 remaining billboards in Virginia Beach, of which 11 are subject to the proposed amendments. The Planning Commission placed this item on the consent agenda as there was no opposition and the proposed amendment is required in order to bring the City Zoning Ordinance into consistency with the State Code. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve the proposed amendment. City of Virginia Beach — Section 215 and 216 Page 2 of 2 ■ Attachments: Staff Review Ordinance Planning Commission Minutes / Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: Qr L , CITY OF VIRGINIA BEACH Agenda Item # 24 July 14, 2004 Public Hearing The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. 24. CITY OF VIRGINIA BEACH An Ordinance to Amend Sections 215 and 216 of the City Zoning Ordinance, Pertaining to the Repair of Certain Billboards. Staff Evaluation Staff recommends approval of the amendment. During its 2004 session, the General Assembly enacted legislation that supercedes City Zoning Ordinance provisions regarding the repair of certain nonconforming billboards. The legislation, which is codified as Virginia Code §33.1-370.2, allows lawfully nonconforming billboards located within sight of the main traveled way of any interstate highway, federal -aid primary (as of June 1, 1991) or national highway system highway to be repaired if the cost does not exceed 50% of the billboard's current replacement value, rather than original value, as is provided by the City Zoning Ordinance. The determination of whether the repairs to a particular billboard are within the 50% of replacement cost limitation is made by the Commonwealth Transportation Commissioner (rather than the Zoning Administrator). While the City's Building Codes Administrator may object to the Commissioner's determination, the Commissioner's decision on reconsideration is binding. The roadways which are included within the purview of the statute (and CZO amendments) are 1-264, Northampton Boulevard, Shore Drive, Independence Boulevard north of 1-264, Atlantic Avenue north of 1-264, Oceana Boulevard north of the Main Gate of Oceana Naval Air Station, Virginia Beach Boulevard from Oceana Boulevard to 1-264, and 1-64. The proposed Southeastern Parkway and Greenbelt is -a CITY OF VIRGINIA BEACH.— Billboards Agenda Item.24 Page„ 1 National Highway System highway, but will be unaffected because there will be no lawfully nonconforming billboards on it. There are approximately 36 remaining billboards in Virginia Beach, of which 11 are subject to the proposed amendments. CITY OF VIRGINIA 1 AN ORDINANCE TO AMEND SECTIONS 215 2 AND 216 OF THE CITY ZONING 3 ORDINANCE, PERTAINING TO THE 4 REPAIR OF CERTAIN BILLBOARDS 5 6 Sections Amended: City Zoning Ordinance 7 H 215 and 216 8 9 10 WHEREAS, the public necessity, convenience, general welfare 11 and good zoning practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Section 216 of the City Zoning Ordinance is hereby 16 amended and reordained, to read as follows: 17 Sec. 215. Nonconforming signs. 18 (a) Notwithstanding the provisions of section 105(f) of 19 this ordinance, no nonconforming sign shall be structurally 20 altered, enlarged, moved or replaced, whether voluntarily or by 21 reason of involuntary damage to or destruction of such sign, 22 unless such sign is brought into compliance with the provisions 23 of this ordinance. Except as provided in Section 216, no Ne 24 nonconforming sign shall be repaired at a cost in excess of 25 fifty (50) percent of its original cost unless such sign is 26 caused to comply with the provisions of this ordinance. Any 27 nonconforming sign which is not maintained continuously in good 28 repair, and any nonconforming sign which is abandoned shall be 1 29 removed. For purposes of this section, a sign shall be deemed 30 to be abandoned if the business for which the sign was erected 31 has not been in operation for a period of at least two (2) 32 years. Following the expiration of at least two years, any 33 abandoned nonconforming sign shall be removed by the owner of 34 the property on which the sign is located, after notification by 35 the zoning administrator. If, following such two-year period, 36 the zoning administrator has made a reasonable attempt to notify 37 the property owner, the city through its own agents or employees 38 may enter the property upon which the sign is located and 39 removed any such sign wherever the owner has refused to do so. 40 The cost of such removal shall be chargeable to the owner of the 41 property. Nothing herein shall prevent the city from applying 42 to a court of competent jurisdiction for an order requiring the 43 removal of such abandoned nonconforming sign by the owner by 44 means of injunction or other appropriated remedy. 46 COMMENT 47 The amendment is necessary in order to conform the provisions of this section to the 48 substantive amendments to Section 216 which follow. Those amendments pertain to the repair of 49 billboards that are subject to the Virginia Outdoor Advertising in Sight of Public Highways Act, SO which supercedes the provisions of the City Zoning Ordinance regarding the repair of certain 51 billboards. 52 2 52 Sec. 216. Outdoor advertising structures, billboards, 53 signboards and poster panels. 54 55 (a) No new billboards shall be erected within the city 56 limits, effective immediately. All existing billboards shall be 57 governed by the provisions of section 215 of this ordinance. No 58 billboard heretofore erected shall be located, in whole or in 59 part, upon improved property. 60 (b) No billboard shall be located within five hundred 61 (500) feet of an interchange, or intersection at grade, on any 62 highway, interstate or city council designated expressway 63 (measured along the highway, interstate or expressway to the 64 nearest point of the beginning or ending of pavement widening at 65 the exit from or entrance to the main ti—avelway traveled way) . 66 On all other streets, no billboard shall be located within two 67 hundred (200) feet of any right-of-way of any underpass, 68 overpass, bridge or tunnel or a plaza serving such facility. 69 (c) No billboard shall be closer than fifty (50) feet to 70 any property line nor located closer than six hundred sixty 71 (660) feet to the right-of-way line of any interstate or 72 expressway designated by city council, nor closer than twenty- 73 five (25) feet to the right-of-way of any other street. 74 However, no billboard shall be located within two hundred (200) 75 feet of any established residential or apartment zoning 76 district. No billboard shall be located upon any lot having a 3 77 frontage of less than two hundred (200) feet and an area of less 78 than ten thousand (10,000) square feet. 79 (d) The repair of lawfully nonconforming billboards 80 visible from the main traveled way of any interstate hiahwa 81 federal -aid primary highway as that system existed on June 1, 82 1991, or national highway system highway shall be governed by 83 the provisions of Virginia Code Section 33.1-370.2. No building 84 permit authorizing the repair of any such billboard shall be 85 issued unless owner of the billboard provides to the Building 86 Codes Administrator a letter from the Commonwealth 87 Transportation Commissioner approving the proposed repairs. In 88 the event the Building Codes Administrator determines that the 89 cost of the proposed repairs exceeds fifty per cent (50%) of the 90 replacement cost of the billboard, he shall, within thirty (30) 91 days of the filing of the building permit application, submit an 92 objection to the determination of the Commissioner, toqether 93 with documentation supporting such objection. A coy of such 94 objection and documentation shall be provided to the billboard 95 owner. The determination of the Commissioner upon 96 reconsideration shall be binding. M COMMENT 98 During its 2004 session, the General Assembly enacted legislation that supercedes City 99 Zoning Ordinance provisions regarding the repair of certain nonconforming billboards. The 100 legislation, which is codified as Virginia Code §33.1-370.2, allows lawfully nonconforming 101 billboards located within sight of the main traveled way of any interstate highway, federal -aid 0 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 primary (as of June 1, 1991) or national highway system highway to be repaired if the cost does not exceed 50% of the billboard's current replacement value, rather than original value, as is provided by the City Zoning Ordinance. The determination of whether the repairs to a particular billboard are within the 50% of replacement cost limitation is made by the Commonwealth Transportation Commissioner (rather than the Zoning Administrator). While the City's Building Codes Administrator may object to the Commissioner's determination, the Commissioner's decision on reconsideration is binding. The roadways which are included within the purview of the statute (and CZO amendments) are I-264, Northampton Boulevard, Shore Drive, Independence Boulevard north of I-264, Atlantic Avenue north of I-264, Oceana Boulevard north of the Main Gate of Oceana Naval Air Station, Virginia Beach Boulevard from Oceana Boulevard to I-264, and I-64. The proposed Southeastern Parkway and Greenbelt is a National Highway System highway, but will be unaffected because there will be no lawfully nonconforming billboards on it. There are approximately 36 remaining billboards in Virginia Beach, of which 11 are subject to the proposed amendments. 118 Adopted by the Council of the City of 119 Virginia, on the day of , 2004. CA- 9269 OID/ordres/czo216ordin.doc R-1 June 15, 2004 APPROVED AS TO CONTENT: Planning epartment Virginia Beach, APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 5 Item #24 City of Virginia Beach An Ordinance to Amend Sections 215 & 216 of the City Zoning Ordinance Pertaining to the Repair of Certain Billboards July 14, 2004 CONSENT William Din: Our next consent item is Item #24. This is the City of Virginia Beach. This is an ordinance to Amend Sections 215 and 216 of the City Zoning Ordinance that pertains to Repair of Certain Billboards. This is a City ordinance and we have asked Mr. Macali if he would just comment on this thing. Bill Macali: Yes sir. During the most recent session of the General Assembly, legislation was enacted in which the City is required to follow, which essentially transfers jurisdiction over replacement of non -conforming billboards along certain highways from the City who is currently using the Zoning Administrator handling that to the Virginia Department of Highways. There are certain other relative minor changes, which have to be made but in essence the responsibility is transferred from the City to the State regarding non -conforming billboard repairs. The remaining billboard regulation does remain with the City, and as I mentioned, the statute is binding mandatory upon the City. So we do have to amend the Zoning Ordinance. William Din: Thank you. Is there any opposition to placing this on consent? Thank you. Madame Chair, I would like to make a motion to approve the consent agenda consisting of Item #24, City of Virginia Beach. This is on the repair of certain billboards. Donald Horsley: Second. Dorothy Wood: A motion by our Vice Chair Will Din and seconded by Don Horsley. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 1 Ed Weeden: By a vote of 10-0, this consent agenda item passes. ABSENT M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION OLD BEACH MASTER PLAN ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SOCIAL SERVICES BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS ADJOURNMENT PAGE I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 DATE: August 10, 2004 C E S L D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D I CITY MANAGER'S BRIEFING A Corps of Engineers' Lynnhaven River E. Dean Block, Environmental Restoration Study Director and Bill Johnston, VPDES Administrator — Public Works IUIII/ CERTIFICATION OF CLOSED Certified 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/V SESSION /VI/E F MINUTES 1 INFORMAL AND FORMAL SESSION Approved 11-0 Y Y Y Y Y Y Y Y Y Y Y July 13, 2004 G/W Ordinance to AMEND City Code §23-38 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I/1 re destruction of property by one not the CONSENT owne 2 Ordinance to AMEMD §35-64 of City ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re Real Estate Tax CONSENT exemption/deferraVfreeze for elderly or disabled/revising eligibility criteria to conform with state law changes 3 Ordinance to EXTEND term of MOU ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y between City/Lynnhaven River 2007 re CONSENT water quality/restoration/preservation of estuary habitats in the River 4 Ordinance to AUTHORIZE Deed of ADOPTED, BY 10-1 Y Y Y N Y Y Y Y Y Y Y Release/Exchange re ARP owned by CONSENT Charles W. /Arlene C. Lewis, Jr. 5 Ordinance to AUTHORIZE temporary ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachment to construct/maintain CONSENT irrigation pipe/sleeve into portion of City's ROW at Holly Road by PRINCESS ANNE COUNTRY CLUB 6 Ordinance to ACCEPT $19,894 from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y U.S. Depart. of Justice/APPROPRIATE CONSENT $19,285 to Police plus $609 to Sheriff re bullet proof vests 7 Resolution to AUTHORIZE disposal of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property, previously given to the CONSENT City/return blue glass crystal collection to Estate of Irving Kline J 1 PARKS and REC for Variance to §5B of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Site Plan re golf course at Red Wing CONDITIONED, Lake/maintenance facilities at 1080 BY CONSENT Prosperity Road. (DISTRICT 6 — BEACH 2 MARRILYN L. DAVIS CUP: home APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y occupation (daycare) at 1432 Glenwood CONDITIONED, Links Lane (DISTRICT l — BY CONSENT CENTERVILLE PAGE 2 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I DATE: August 10, 2004 M C B E L D C M R S C L A W I J L A N R H N I E D O A D D E M U L W AGENDA Z E Y E N E N A D O O R E V I D E V S O O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D 3 CHECKERED FLAG MOTOR APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y COMPANY: CUP bulk storage CONDITIONED, (vehicles) at 3177 Virginia Beach BY CONSENT Boulevard. DISTRICT 3 — ROSE HALL 4 NORTH LANDING DEVELOPMENT, APPROVED/ 11-0 Y Y Y Y Y Y Y y y Y Y L.L.C. COZ from R-5D to Conditional I- PROFFERED, 1/I--2 with P-1 re manufacturing/ BY CONSENT warehouse uses on Holland Road/Shipps Corner Road. (DISTRICT 3 — ROSE HALL 5 PLEASANT RIDGE AUTO PARTS, DENIED 10-1 Y Y Y Y Y Y N Y Y Y Y INC. re retail sales in auto parts/future expansion: (DISTRICT 7 - PRINCESS ANNE) a COZ from AG-1/AG-2 to Conditional B-2 b MODIFICATION of Conditions CUP DENIED 10-1 Y Y Y Y Y Y N Y Y Y Y (approved on November 24, 1998, in behalf of Mr. and Mrs. Philip Wayne Murden, Jr.) to remove area requested for rezoning from area encumbered by 1998 CUP 6 HIGHCOURT ASSOCIATES, L.L.C. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y at Holland/Princess Anne Roads: PROFFERED, (DISTRICT 7—PRINCESS ANNE) BY CONSENT a. MODIFICATION of Conditions for COZ approved May 25, 1999 b COZ from Conditional R-10 with APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Historic/Cultural District Overlay to PROFFERED, Conditional R-10 with a PD- BY CONSENT H2/Historic and Cultural District Overla 7 ALCAR, L.L.C. for a COZ from A-12/ APPROVED/ 9-1 Y Y A N Y Y Y Y Y Y Y R-5D to Conditional A-18 at Bonney PROFFERED, B Road/Windbrooke Lane. (DISTRICT 2 — BY CONSENT S KEMPSVILLE) T A I N E D 8 CITY Ordinances re Laskin Road ADOPTED, BY 10-1 Y Y Y N Y Y Y Y Y Y Y Gateway: CONSENT a AMEND § 102 CZO re Overlay within RT-3 b ESTABLISH use regulations/ dimensional requirements/sign regulations/off-street narking CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: August 10, 2004 C E S L D C M R C A W I J L A N R H N I E D 0 A D D E M U L W Z Y N N D O E I E S 0 AGENDA E E E A O R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D regulations/off-street parking regulations/density restrictions in RT-3 (LRG) C. AMEND official zoning map by ADDING Laskin Road Gateway Overlay District within RT-3 d AMEND Comp Plan to include Laskin Road Gateway Design Guidelines K APPOINTMENTS: DEVELOPMENT AUTHORITY 11-0 Y Y Y Y Y Y Y Y Y Y Y Reappointed 4 Year Term 9/1/04 — 8/31/08 Donald V. Jellig Jerrold L. Miller HEALTH SERVICES BOARD 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed 3 Year Term 811/04 — 3/31/07 Chris Savvides Appointed unexpired Term to 3/31106 Dr. Suzanne S. Love OPEN SPACE COMMITTEE 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed unexpired Term tbru 5131/07 Joel Fink PARKS & RECREATION 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Reappointed 3 Year Term 9/1/04 — 8/31/07 Dr. Michael Pankow Caren J. Yarbrough PUBLIC LIBRARY BOARD 11-0 Y Y Y Y Y Y Y Y Y Y Y Reappointed 3 Year Term 9/1/04 — 8/31/07 Karl F. Morrison REVIEW & ALLOCATION 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE (COG) Appointed 3 Year Term 9/1/04 — 8/31/07 Priscilla Beede Reappointed 3 Year Term 9/1/04 — 8/31/07 Patrick L. Shuler SOCIAL SERVICES BOARD RESCHEDULED B Y C O N S E N S U S M/N/ 0 ADJOURNMENT 8:53 PM