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JANUARY 11, 2005 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R../ONES, Boyside -District 4 HARRY A. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 .IIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large DAMES L. WOOD, Lynnhaven -District 5 IICITY MANAGER - 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 11 January 2005 49 Off. -OOP NP�� S� C17Y.YALL BUILDING 2401 COURMOUSE DRIVE VIRGINIA BEACH, VIRGINIh 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING Conference Room 2:30PM A. VDOT Interchange Design Options — Independence Boulevard and I-264 Robert Scott — Director, Planning II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:30PM 11 A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION 6:OOPM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend J. Scottie Griffin, DDS Pastor, Lynnhaven Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS January 4, 2005 G. MAYOR'S PRESENTATION 1. HOLIDAY LIGHTS DONATION to American Red Cross for TSUNAMI disaster H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-30, 6-114 and 31-28 of the City Code re the definition of "resort season'. (Deferred January 4, 2005) 2. Ordinance to AMEND the City Code by adding §5-19 re adequate space and time restrictions for tethering animals. K. PLANNING 1. Application of S & W SIMPSON, L.L.C. for MODIFICA TIONofa Noncomforminz Use and Structure from a restaurant to an automobile and farm equipment parts store at 1608 Princess Anne Road. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CHARLES BARKER TOYOTA for MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council July 1966 and September 2002) to enlarge the body shop and add two car wash bays at 1877 Laskin Road. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 3. Applications of CITY VIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 — LYNNHAVEN): (Deferred December 14, 2004) a. Change of Zoning from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi -Family dwellings, Grocery Stores, Carry -Oat Food Stores and Convenience Stores RECOMMENDATION: APPROVAL 4. Application of MIRACLE TEMPLE WORSHIP CENTER, INC. for a Conditional Use Permit re a church at 3900 Bonney Road. (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROVAL 5. Application of NEWTOWN SQUARE ASSOCIATIONES, L.L.C. for a Conditional Use Permit re mini -warehouses at 544 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of AUDREY and RONALD BELLEN for a Conditional Use Permit re boarding horses at 3728 Bridle Path Lane. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 7. Application of MARY SPADY for a Change of Zoning from R-10 Residential District to Conditional 0-1 Office District at 844 Kempsville Road. (DISTRICT 2 — KEMPSVILLE) (Deferred November 23, 2004) RECOMMENDATION: DENIAL 8. Application of THE RUNNYMEDE CORPORATION for a Change of Zoning from R-7.5 Residential to Conditional B-2 at 242,246,250 and 254 Clearfield Avenue. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 9. Application of BRUCE D. O'LEARY for a Change of Zoning from R-10 Residential to Conditional B-2 at Indian River and Gammon Roads. (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 10. Application of ATLANTIC BUILDERS, L.L.C. for a Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial at Shipps Corner Road and London Bridge Road Extended. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL L. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS — Building Maintenance Division New Construction Division COMMUNITY POLICY and MANAGEMENT TEAM (CSA — AT RISK) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 1/11/05st www.vbgov.com P �L w4 n: ✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapters 1-2, 6-3, 6-5, 6-30, 6-114, and 31-28 of the City Code Pertaining to the Definition of Resort Season MEETING DATE: January 11, 2005 ■ Background: The resort season has traditionally been defined as Memorial Day to Labor Day. However, there are many sections of the City Code that have conflicting dates defining the resort season, which makes enforcement of each specific City Code section difficult and confusing for enforcement officials. Furthermore, over the past several resort seasons two major developments have occurred, including the extension of the resort season and expansion of the beach. Recent occupancy studies have shown that more than 50% of all tourists visit the City during the months of September to May. This trend indicates the traditional "shoulder" seasons are becoming more popular for vacation travel, and the City is heading towards a more year-round travel destination. Operation Big Beach has also expanded the shoreline to a total of 300 feet. The expanded beach allows more visitors to enjoy normal beach activities such as sun bathing, swimming, throwing Frisbees and ball playing. This item was deferred January 4, 2005. ■ Considerations: Since the "shoulder" seasons are expanding and there is more room on the beach for traditional beach activities, the definition of resort season should be changed to May 1 to September 30. As a result, several code provisions that were enacted as public safety measures to restrict or limit use of the beach and resort area amenities need to be amended to reflect these new trends as well as unifying the definition of resort season in the separate City Code sections. Provisions relating to playing ball and throwing Frisbees need to be relaxed while provisions regulating fishing, animals on the beach, and launching recreational vehicles need to be tightened to reflect the expanded resort season. ■ Public Information: In March this issue was reviewed with the Resort Advisory Commission and recommended to City Council for the following season. A comment was received by a resident concerned about the impact on residents with a shorter season in which dogs are allowed on the beach, and asking for installation of a doggy park on Beach Garden Park. The future use of Beach Garden Park is also under consideration with the possible expansion of the Virginia Beach Middle School. Further public information on the Resort Season definition is to be provided through the normal agenda process. ■ Alternatives: Create a new definition of resort season or do not adopt ordinance ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agenc :Convention and Visitor's Bureau City Manager 1 AN ORDINANCE TO AMEND THE CITY CODE TO DEFINE 2 THE TERM "RESORT SEASON" AND INCORPORATE THE 3 TERM IN CERTAIN ORDINANCES AND TO AMEND 4 PROVISIONS OF THE CITY CODE PERTAINING TO 5 PROHIBITED BEACH ACTIVITIES DURING THE RESORT 6 SEASON 7 8 SECTIONS AMENDED: City Code Sections 1-2, 6-3, 9 6-5, 6-30, 6-114 and 31-28 10 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 1-2, 6-3, 6-5, 6-30, 6-114 and 31-28 of the City 16 Code are hereby amended and reordained, to read as follows: 17 Sec. 1-2. Definitions and rules of construction. 18 In the interpretation and construction of this Code and of all 19 ordinances of the city, the following definitions and rules of 20 construction shall be observed, unless they are inconsistent with 21 the manifest intent of the council or the context clearly requires 22 otherwise: 23 . . . . 24 Resort season. The term "resort season" shall mean the time 25 beginning May 1 and ending September 30 of each year. 26 COMMENT 27 This amendment defines "Resort Season" as the period between May 1" and September 301h of 28 each year. 29 30 . . . . 31 Sec. 6-3. Playing ball, using frisbee, etc., on beaein certain 32 areas prohibited. 33 34 (a) It shall be unlawful for any person to engage in ball 35 playing or the use of a frisbee or any activity of like kind which 36 may endanger the safety of others on the sand beaeh the sandy 37 portion of the beach area between the surf and the area east of the 38 lifeguard stands, the boardwalk and the grassy area west of the 39 boardwalk to the property lines from C,mp Pen lte Rudee Inlet on 40 the south to 42nd Street on the north from 10:00 a.m. to 4:00 p.m. 41 weekdays and 10:00 a.m. to 6:00 p.m. weekends and holidays 42 Mefaerial Bad- Weekend thL-e�YLaber Day Weekend during the resort 43 season ef eaeh year. Fer the and beaeh area 44 Pendleten and Rddee inlet, knewn as Greatzan Beaeh, this seetiei-q- 47 48 49 Great -an Beach as refereneed in paragraph (b) Fer pidrpeses of this seetien, be deefRed t t 6 Mefteri-a D the Friday bef _y Weekend shall Meese i l may 50 o eefRffienee-a - e re r a 51 Bay. It shall be unlawful for any person to engage in ball playing 52 or the use of a frisbee or any activity of like kind which may 53 endanger the safety of others on the sand beach area between Camp 54 Pendleton and Rudee Inlet, known as Croatan Beach, on weekends and 55 holidays 10:00 a.m. to 6:00 p.m. during the resort season. 56 (c) The city manager or his designee is authorized to 57 designate locations within the sand beach area set forth in 58 subsection (a) of this section where activities such as playing 59 ball or using a frisbee or any activity of like kind may be 60 allowed. Such areas shall be designated with appropriate markers. 2 61 COMMENT 62 63 This amendment: (1) incorporates the newly - defined term "resort season" into this section; and 64 (2) eliminates the restrictions on using frisbees, playing ball, etc. during the resort season on the portion 65 of the beach between the boardwalk and the lifeguard stands from Camp Pendleton on the south to 42"d 66 Street on the north. In addition, the provisions pertaining to Croatan Beach are relocated in the section. 67 68 . . . . 69 70 Sec. 6-5. Animals on beach and adjacent areas. 71 (a) It shall be unlawful for any person who owns or has 72 control of any animal to permit such animal to be on the public 73 sand beaches, the boardwalk or the grassy area west of the 74 boardwalk to the property lines from Rudee Inlet on the south to 75 42nd Street on the north during the 76 resort 77 season of eaehyeaL-, saaeh peried herein€teereferred teas the 78 ". 79 (b) It shall be unlawful for any person who owns or has 80 control of any animal to permit such animal to be on any other 81 public sand beaches within the city during the resort season as 82 defined in § 1.2; provided, however, that a dog or cat may be 83 permitted on said beaches in the custody of or under the control of 84 a responsible person during the season between the hours of 6:00 85 p.m. and 10:00 a.m. the following day. 86 (c) It shall be unlawful during the resort season for any 87 person to have in his possession or under his control any animal, 88 other than a dog or cat, on Atlantic Avenue or in the parks and 89 connector streets between Atlantic Avenue and the boardwalk, from 3 90 Rudee Inlet to 42nd Street, unless such animal is in an 91 escape -proof container. 92 COMMENT 93 94 The amendments incorporate the term "resort season" into this section. 95 96 . . . . 97 98 99 Sec. 6-30. Fishing from sand beaches. 100 101 It shall be unlawful to fish from the sand beaches of the city 102 from 42nd Street to Rudee Inlet between the hours of 10:00 a.m. and 103 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and 104 holidays freffi Mefneria Weekend threixgh 13aber Bay during 105 the resort season. 106 Ferpiarpe s e s o f this eet i en , MefReL-ial Day Weeken�'�lbe 107 deeftedte t 6:OG the-rrday be €ere—Meme i e emn.en ee—a p.fR. r a 108 Labe Weekend -shall be Laber Day. EleefRed—t eat6:9a p.fR. 109 COMMENT 110 The amendments incorporate the term "resort season" into this section. 111 112 Sec. 6-114. Restrictions on launching, landing, parking or 113 stationing recreational vessels in certain areas. 114 115 (a) It shall be unlawful for any person to launch or land a 116 sailboat, motorboat, motorized personal watercraft, canoe, rowboat, 117 flatboat, kayak, umiak, scull or any other similar recreational 118 vessel on the beach area north of Rudee Inlet to the center line of 119 42nd Street prolongated eastward, between MefRerial Day Weekend and 120 Imabeic Day Weeke during the resort season between the hours of 4 121 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. 122 weekends and holidays. The provisions of this subsection shall not 123 be applicable to any person who is awarded a contract, based upon 124 competitive procurement principles, to conduct an operation for the 125 rental of designated recreational vessel(s) or to any person who 126 rents a vessel from an authorized rental operator provided the 127 vessel(s) so rented is launched or landed within the area 128 designated in such contract. Fer purpeses—ef this seetien, 129 M effte r i a3 Weekend shall be deemed te eefRfflenee- at 6:-9 8-p.fR. the 130 Ficrday be€ere Meese Weekend shall deefaed 131 . 132 COMMENT 133 The amendments incorporate the term "resort season" into this section. 134 . . . . 135 Sec. 31-28. Points of collection. 136 . . . . 137 (b) Mobile containers in the resort collection zone may be 138 placed on the curb line of a city right-of-way by 6:00 a.m. on the 139 day of collection. 140 The collection of refuse from any mobile or bulk container by 141 a private contractor in the resort collection zone between pril 1S 142 and—getebeic 4:5 during the resort season of each yea-r- shall be 143 restricted to between the hours of 6:00 a.m. and 10:00 a.m. daily. 144 Any mobile container in the resort collection zone placed on the 145 curb line of a city right-of-way between April 1S—en9eteber 1S 5 146 during the resort season must be removed from said right-of-way no 147 later than 10:00 a.m. If mobile containers are not removed by that 148 time, the city may remove them and take temporary custody of such 149 containers with posted written notice to the property owner as to 150 the location of the containers and the procedure for reclaiming 151 such containers. 152 COMMENT 153 154 The amendments incorporate the term "resort season" into this section. 155 156 157 Adopted by the City Council of the City of Virginia Beach, 158 Virginia, on this day of CA-8773 wmm\ordres\resortseasondef.doc R-10 December 16, 2004 ;Approved as Content: ity Ma ager's Office 2005. Approved as to Legal Sufficiency: C'ty Attorneys Office R- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend the City Code by Establishing Minimum Requirements for Adequate Space for Animals and Limiting the Amount of Time that Animals May Be Tethered MEETING DATE: January 11, 2005 Background: State law permits animals to be tethered, if done with an appropriate collar or harness and a tether that is at least three times the length of the animal. However, state law does not address the length of time that an animal may be tethered. • Consideration: The proposed ordinance establishes standards for animals to be kept in adequate space. It also details how animals may be tethered. The ordinance limits the length of time that an animal may be tethered to three hours in any 24- hour period. The City's power to regulate the length of time that animals may be tethered is provided by the City's Charter, at § 2.02 (g), which permits the City's regulation of the keeping of animals. Furthermore, Virginia Code § 3.1-796.94:1 empowers cities to prohibit cruelty and abuses of animals, and also authorizes the City's regulation of the keeping of animals. Public Information: The proposed ordinance will be publicized as part of the City Council's agenda. Attachments: Ordinance Recommended Action: N/A Submitting Department/Agency: City Council City Manager: REQUESTED BY MAYOR MEYERA E. OBERNDORF AND COUNCILMEMBER PETER SCHMIDT AN ORDINANCE TO AMEND THE CITY CODE BY ESTABLISHING MINIMUM REQUIREMENTS FOR ADEQUATE SPACE FOR ANIMALS AND LIMITING THE TIME THAT ANIMALS MAY BE TETHERED SECTION ADDED: § 5-19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-19 of the City Code is hereby added, to read as follows: Sec. 5-19. Adequate Space for Animals; Time Restriction on Tethering Animals. (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal bodv movements in a comfortable, normal position for the animal and (ii interact safelv with other animals in the enclosure. (b) When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the aae and size of the animal. The tether must be attached to the animal by a properly applied collar, halter, or harness confiaured so as to protect the animal from inlury and prevent the animal or tether from becomin entanaled with other objects or animals, or from extendin over an object or edge that could result in the strangulation or injury of the animal. Furthermore, the tether must be at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered to be provision of adequate space. (c) It shall be unlawful for any animal to be tethered for more than three (3) hours, cumulatively, in any twenty- four -hour period. COMMENT The proposed ordinance establishes standards for animals to be kept in adequate space. It also details how animals may be tethered. The ordinance limits the length of time that an animal may be tethered to three hours in any 24-hour period. Virginia Code § 3.1-796.66 permits animals to be tethered if the tethering done with an appropriate collar or harness and a tether that is at least three times the length of the animal. However, state law does not address the length of time that an animal may be tethered. The City's power to regulate the length of time that animals may be tethered is provided by the City's Charter, at § 2.02 (g), which permits the City's regulation of the keeping of animals. Furthermore, Virginia Code § 3.1-796.94:1 empowers cities to prohibit cruelty and abuses of animals, and also authorizes the City's regulation of the keeping of animals. PA Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO LEGAL SUFFICIENCY: 5- 04a,vir City Attorney's f ice CA-9404 GG/ORDRES/PROPOSED/5-19 ord.doc R6 - January 5, 2005 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: S & W Simpson, L.L.C., -- Change to a Nonconforming Use and Structure, 1608 Princess Anne Road MEETING DATE: January 11, 2005 ■ Background: A Resolution upon Application of S & W Simpson, L.L.C. for the Modification of a Nonconforming Use and Structure on property located at 1608 Princess Anne Road (GPINS 24029547340000; 24029536600000). DISTRICT 7 — PRINCESS ANNE. ■ Considerations: The applicant wishes to convert the existing use of the site from a restaurant to an automobile and farm equipment parts store. The applicant proposes to demolish the existing structure and construct a new building and parking area. Natasha's Bistro currently occupies the site. The site has been used as a gasoline station, convenience store and restaurant in the past. These non- residential uses are not permitted within the AG-2 Agricultural District; thus, the existing use is considered nonconforming and any change to the use or structure must be approved by the City Council under Section 105 of the City Zoning Ordinance. The proposed building will be 9,000 square feet in area, with 2,000 square feet devoted to the customer service area and 7,000 square feet devoted to storage. The proposed building is situated 67 feet from the front property line, 76 feet from the northern property line, 167 feet from the southern property line and 10 feet from the eastern property line. The proposed building is utilitarian in design, which is in keeping with the rural agricultural outbuildings found in the community. The applicant proposes 33 parking spaces on the site. Parking lot landscaping is depicted on the site plan. ■ Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff finds that this proposed change is more appropriate to the district than the existing nonconformity. The new use will provide a service to the agricultural industry that the Comprehensive Plan considers as more desirable than an eating and drinking establishment. The proposed building is also consistent with S & W Simpson, L.L.C. Page 2 of 3 the recommendations of the Plan, being of a style and predominantly constructed with materials typical of agricultural storage buildings. Approval is recommended with the following conditions: The site shall be developed substantially in accordance with the submitted preliminary site plan entitled "NAPA STORE, 1608 PRINCESS ANNE ROAD, PRELIMINARY SITE PLAN", prepared by The Spectra Group, dated 10/04/04. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevation entitled "NAPA AUTO PARTS, PRINCESS ANNE ROAD, VA. BEACH, VA," prepared by Architectural Studio, PLLC, dated Oct. 19, 2004. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The applicant shall submit a lighting and / or a photometric diagram plan for review by City staff. The lighting 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 on the rear and sides of the building shall have appropriate shielding to direct light downward and not into adjacent areas. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. 4. The applicant shall install Category IV screening along the northern, eastern and southern property lines. 5. The hours of operation shall be Monday through Friday, 7:30 AM to 6:00 PM, Saturday, 7:30 AM to 4:00 PM, and Sunday, 9:00 AM to 2:00 PM. ■ Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Staff recommends approval with conditions. Submitting Department/Agency: Planning Department City Manager:-�- 1 A RESOLUTION AUTHORIZING THE CONVERSION OF A 2 NONCONFORMING USE AND STRUCTURE ON PROPERTY 3 LOCATED AT 1608 PRINCESS ANNE ROAD, IN THE 4 PRINCESS ANNE DISTRICT 5 6 WHEREAS, S & W Simpson, L.L.C. (hereinafter the 7 "Applicant"), has made application to the City Council for 8 authorization to convert a nonconforming use from a restaurant, 9 to an automobile and farm equipment parts store, situated on a 10 certain lot or parcel of land having the address of 1608 11 Princess Anne Road, in the AG-2 Agricultural Zoning District; 12 and 13 WHEREAS, both uses, the restaurant and the automobile and 14 farm equipment parts store, are not permitted uses in the AG-2 15 Agricultural Zoning District, but the restaurant already exists 16 on the parcel and is a nonconforming use. The Applicant intends 17 to demolish the existing structure and build another structure 18 on the parcel to house the automobile and farm equipment parts 19 store; and 20 WHEREAS, pursuant to Section 105 of the City Zoning 21 Ordinance, the conversion of a nonconforming use is unlawful in 22 the absence of a resolution of the City Council authorizing such 23 action upon a finding that the proposed use, as converted, will 24 be equally appropriate or more appropriate to the zoning 25 district than is the existing use; 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 That the City Council hereby finds that the proposed use, 29 as converted, will be equally appropriate to the district as is 30 the existing use. 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the proposed conversion of the Applicant's use of the 34 parcel is hereby authorized, upon the following conditions: 35 1. The site shall be developed substantially in 36 accordance with the submitted preliminary site plan entitled 37 "NAPA STORE, 1608 PRINCESS ANNE ROAD, PRELIMINARY SITE PLAN", 38 prepared by The Spectra Group, dated 10/04/04. Said plan has 39 been exhibited to the City of Virginia Beach City Council and is 40 on file in the City of Virginia Beach Planning Department. 41 2. The proposed building shall be constructed 42 substantially in accordance with the submitted elevation 43 entitled "NAPA AUTO PARTS, PRINCESS ANNE ROAD, VA. BEACH, VA," 44 prepared by Architectural Studio, PLLC, dated Oct. 19, 2004. 45 Said plan has been exhibited to the City of Virginia Beach City 46 Council and is on file in the City of Virginia Beach Planning 47 Department. 2 48 3. The applicant shall submit a lighting and / or a 49 photometric diagram plan for review by City staff. The lighting 50 plan shall include the location of all pole mounted and building 51 mounted lighting fixtures, and the listing of lamp type, 52 wattage, and type of fixture. Lighting on the rear and sides of 53 the building shall have appropriate shielding to direct light 54 downward and not into adjacent areas. All lighting on the site 55 shall be consistent with those standards recommended by the 56 Illumination Engineering Society of North America. 57 4. The applicant shall install Category IV screening 58 along the northern, eastern and southern property lines. 59 S. The hours of operation shall be Monday through Friday, 60 7:30 AM to 6:00 PM, Saturday, 7:30 AM to 4:00 Pm, and Sunday, 61 9:00 AM to 2:00 PM. 62 Adopted by the Council of the City of Virginia Beach on the 63 day of January, 2005. 64 65 66 CA-9472 67 OID\Ordres\nonconforming-simpson.doc 68 R-1 69 December 27, 2004 70 71 72 73 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 74 75 76 77 Planrh�'rq Department' Ci n torney' s Office 3 Site Location t� S & W SIMPSON L.L.C. a January 11, 2005 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 City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE EXISTING LAND USE: Location and General Information Change to a Non -Conforming Use and Structure from a restaurant to an auto parts store. Property located at 1608 Princess Anne Road Map K-15 S. W. Sim son LLC No Not to 5c.TIr: 4 N i/ e; i SD JC.-j2 5/ R- h �o AG-2 2� - a 0 ��a 5 AG'2� AG-2 leg Nam-(.nnfnrtning LAe 24029547340000 & 24029536600000 7 — PRINCESS ANNE 1.37 acres Natasha's Bistro currently occupies the site. The site has been used as a gasoline station, convenience store and restaurant in the past. S & W SIMPSON, L.L.C. Page 1 These non-residential uses are not permitted within the AG-2 Agricultural District; thus, the existing use is considered nonconforming and any change to the use or structure must be approved by the City Council under Section 105 of the City Zoning Ordinance. SURROUNDING North: . Cultivated farm fields / AG-2 Agricultural LAND USE AND South: . Single-family dwelling / AG-2 Agricultural ZONING: East: . Cultivated farm fields / AG-2 Agricultural West: . Princess Anne Road • Across Princess Anne Road are cultivated farm fields / AG-2 Agricultural NATURAL RESOURCE AND CULTURAL There are no natural resources or cultural features associated with FEATURES: the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Pr osQ The applicant wishes to convert the existing use of the site from a restaurant to an automobile and farm equipment parts store. The applicant proposes to demolish the existing structure and construct a new building and parking area. The proposed building will be 9,000 square feet in area, with 2,000 square feet devoted to the customer service area and 7,000 square feet devoted to storage. The proposed building is situated 67 feet from the front property line, 76 feet from the northern property line, 167 feet from the southern property line and 10 feet from the eastern property line. The proposed building is utilitarian in design, which is in keeping with the rural agricultural outbuildings found in the community. The applicant proposes 33 parking spaces on the site. Parking lot landscaping is depicted on the site plan. S & W SIMPSON, L.L.C. Page 2 Comprehensive Plan The Comprehensive Plan designates this area as the Rural Area. Proposed development within the Rural Area should focus strongly on preserving agriculture and the rural community within it. Commercial development in the Rural Area should be locally oriented retail, service, and community uses compatible with the character of the rural landscape. Staff Evaluation Staff recommends approval of this request. The proposed change of a nonconforming use is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable subject to the conditions below. Conditions The site shall be developed substantially in accordance with the submitted preliminary site plan entitled "NAPA STORE, 1608 PRINCESS ANNE ROAD, PRELIMINARY SITE PLAN", prepared by The Spectra Group, dated 10/04/04. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevation entitled "NAPA AUTO PARTS, PRINCESS ANNE ROAD, VA. BEACH, VA," prepared by Architectural Studio, PLLC, dated Oct. 19, 2004. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The applicant shall submit a lighting and / or a photometric diagram plan for review by City staff. The lighting 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 on the rear and sides of the building shall have appropriate shielding to direct light downward and not into adjacent areas. S & W SIMPSON, L.L.C. Page 3 All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. 4. The applicant shall install Category IV screening along the northern, eastern and southern property lines. 5. The hours of operation shall be Monday through Friday, 7:30 AM to 6:00 PM, Saturday, 7:30 AM to 4:00 Pm, and Sunday, 9:00 AM to 2:00 PM. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes. S & W SIMPSON, L.L.C. Page 4 Supplemental Information Zoning History era a Ma Not too Scale S J. W. Simpson, LL(� 0 I T` AG-2 — 2 008 N o o AG -I G-1 �o 00C w 005 rR - G - 7J../� AG-2 A-32 +V ON/� .AY 014 09A R 0 09C 9COD 9O G T 2 J l `i V 007 AG-2 � � o Non -Conforming Use There is no zoning history to report on the site and surrounding area. The area exists as a stable agricultural area. The site has been used as a gasoline station, convenience store and restaurant in the past. Public Agency Comments Public Works Master Transportation Princess Anne Road in front of this subject site is Plan (MTP): classified as a Rural Highway. The Master Transportation Plan designates a 110-foot ultimate S & W SIMPSON, L.L.C. Page 5 right-of-way width for Princess Anne Road. A right-of- way reservation may be required during detailed site Ian review. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Princess Anne 5,538 7,400 ADT - 267 Road ADT' Proposed Land Use 3 - 557 ' Average Daily Trips s as defined by restaurant 3 as defined by auto parts store Public Utilities There is no City water or sewer available to the site. Virginia Beach Department of Health approval is required for any water or sewer serving the proposed development. 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: Fire protection will be addressed during the building permit process. Fire code permits are required at occupancy; contact the Fire Department for permit information. Storage of hazardous, flammable or combustible materials on -site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. S & W SIMPSON, L.L.C. Page 6 Exhibits Exhibit A -1 Aerial of Site Location S & W SIMPSON, L.L.C. Page 7 Lu Exhibit B - 1 N"aW atom %%W S830mw sm cols V"N — 4 r. e .i !si Proposed Site Plan S & W SIMPSON, L.L.C. Page 9 of Exhibit B - 2 Proposed Site Plan (detail) S & W SIMPSON, L.L.C. Page 10 Exhibit C Proposed Elevation S & W SIMPSON, L.L.C. Page 11 NOIJ,d'JTTddV HSfl 9NIWHWNWOKOD 11 I Z LJ 2 LLJ Q (!J LIJ U) 0 J U Co 0 a v e m c �,. o P. y a A! C J y N Q y G O u L O M y C v 40 y 0t j a a Q V L 7 ,.: w` c p... y 4� £ p Q �'w E N 41 E' H H 'c e (} 7 V iji _. aE T_ p 2ti N N 47 N G N Vi 4 1 C C O C C G L Q E 4 N L�J 4�" f '7j e o %" C '� O y m w n, •- 7? V ry N �.. C $ C ry �0 c az vz' .cac�n� a t., C N Qt c nS C C O G N KGy T C cd C 1 11 81. " � ea 4 ♦ '1F�]v gg � Q 4 a� c'.vre ¢ C N a b � y ti L a c 7 F� G; 'o c J' 45 YA ci W �L OHO �i h4 _ G C CL CL N a o G m G j v o r 9yyi a 0 y Oyu o © aJ •= U �' r Q v W sO>,n ti L G$ fi o c S9 C i L N 3 ° GCL db W v u m m cx� t-' 21 yo�p4. V O J G C? 2 w t iC O is J 2 .L.. 4: R O y. r C704 c NOUVIldaTuv HSfl 9KIWHOIN03-NON Exhibit D Disclosure Statement S & W SIMPSON, L.L.C. Page 12 x� nj , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Charles Barker Toyota — Modification of Conditions MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of Charles Barker Toyota for a Modification to a Conditional Use Permit for automobile repair and car wash on property located at 1877 Laskin Road (GPIN 24075726320000). DISTRICT 6 — BEACH ■ Considerations: The applicant is requesting to modify a Conditional Use Permit allowing an addition to the existing automobile dealership of 3,589 square feet to the body shop and two (2) car wash bays. The car wash bays will be for the use of the dealership only and not open to the general public. The original Conditional Use Permit permitting the automobile sales and service was approved by the City Council on July 11, 1966. This was recently modified in September of 2002 for the expansion of the facility onto the parcel to the south. Condition 1 of the 2002 Use Permit limits the development to that specifically depicted on the conditioned site plan; therefore, a modification to that condition is required for this additional proposal for expansion. The proposed additions are minor in scope and are consistent and compatible with the surrounding zoning and land uses and with the Comprehensive Plan. The Planning Commission placed this item on the consent agenda because it is an appropriate expansion of an existing use, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 10, 2002, shall remain in affect. Charles Barker Toyota Page 2 of 2 2. Condition Number 1 of the September 10, 2002, Conditional Use Permit is deleted and replaced with the following: All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by MSA, P.C., dated September 30, 2004, which has been exhibited to the City of Virginia Beach City Council and is on file with the Virginia Beach Planning Department. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:. (1l�( CHARLES BARKER TOYOTA Agenda Item # 10 December 8, 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. ATk Location and General Information REQUEST: Modification of Conditions placed on a conditional use permit for automobile sales and service approved by City Council on September 10, 2002. LOCATION GPIN COUNCIL ELECTION Property located on 1877 Laskin Road. nap �.._0 Charles Barker Tu ota MeNok t oa r — ��iB f U� .0c ,' a�,k �>��f7��-I J �C''� � � did ❑ i � 4�,1 Clum 2407-5;-4760 - 26s2 24075747600000;24075726320000 6 — BEACH CHARELS BARKER TOYOTA Agenda Item #,1-0 Page 1 DISTRICT: SITE SIZE EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 7.9 acres There is an existing automobile sales and service operation on the property with access from Virginia Beach Boulevard. North: . Retail shopping center, single-family dwelling / B-2 Community Business District South: . Multifamily dwelling units / A-18 Apartment District East: • Car wash / B-2 Community Business District West: . Automobile sales, office, multi -family dwellings / B- 2 Community Business District, A-18 Apartment District The property is located in the Chesapeake Bay watershed. There are no significant environmental features on the site as it is almost entirely impervious. The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS Oceana. Summaryof ' o•• « The applicant is requesting to modify an existing Conditional Use Permit with the addition of 3,589 square feet to the body shop and two (2) car wash bays. The car wash bays will be for the use of the dealership only and not open to the general public. The original Conditional Use Permit permitting the automobile sales and service was approved by the City Council on July 11, 1966. This was recently modified in September of 2002 for the expansion of the facility onto the parcel to the south. The Conditional Use Permit has 10 conditions: 1. All improvements shall substantially adhere to the exhibit entitled "Charles Barker Toyota, Laskin Road, Virginia Beach, VA," prepared by MSA, P.C., dated July 10, 2002, provided; however, that the plan may be modified as directed during detailed CHARELS BARKER TOYOTA Agenda Item # -10 Page 2 site plan review to conform to requirements of applicable City ordinances. 2. The proposed building elevation shall substantially adhere to the submitted drawing entitled, "Charles Baker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by Burkhart, Thomas, Reed, Architecture & Interior Design, dated June 13, 2002. All signage shall be in compliance with regulations set forth in the City Zoning Ordinance. 3. All required parking spaces shall be depicted on the final site plan. 4. No loud speakers or outdoor speaker system shall be permitted on site. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent residential or surrounding properties. 6. The entire parking lot shall be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No vehicles for sale or rent shall be parked within any portion of the public rights -of - way or within landscaped areas. 8. A fifteen foot (15) wide, Category IV landscape buffer shall be installed along all property lines that abut apartment or residential district zoned property as required by the City Zoning Ordinance. In addition, all other applicable landscape requirements set forth in City ordinances shall be implemented. 9. Any fencing along property lines adjacent to residential or apartment district zoned property shall be constructed as a solid wood fence at least six (6) feet in height and shall be installed no closer than 15 feet from the property line as depicted on the exhibit entitled "Charles Barker Toyota, Laskin Road, Virginia Beach, VA," prepared by MSA, P.C., dated July 10, 2002. 10. No barbed wire shall be permitted on the site. Condition 1 limits the development to that specifically depicted on the conditioned site plan; therefore, a modification to that condition is required for this additional proposal for expansion. CHARELS BARKER TOYOTA Agenda Item #-10 Page 3 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. • Degree to which the proposal is compatible with the surrounding land uses. • Consistency of the proposal with the Comprehensive Plan and the level of quality sought for the Laskin Road Corridor. Comprehensive Dian The Comprehensive Plan identifies this site as within Strategic Growth Area 7, Hilltop/North Oceana Area. Because of the influence of the AICUZ in this area, non- residential uses are recommended for this area. Given the attributes of this area's location, it has a "great potential for contributing more in the future toward the well-being of the City" (page 76). The Plan recommends that special attention be directed at quality of site and building design, including signage, to increase the overall attractiveness of this area. An Staff Evaluation 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 proposed additions are minor in scope and are consistent and compatible with the surrounding zoning and land uses and with the existing Conditional Use CHARELS BARKER TOYOTA Agenda Item # 1.0 Page 4 Permit. (2) The Comprehensive Plan calls for any expansion of commercial uses in this area to be done in harmony with the concept of providing an attractive, safe, and well -maintained physical environment and to ensure that the uses are consistent with the goals established for the Laskin Road Corridor. Development proposals must make adequate provisions to ensure the highest degree of site and building design quality, increased parking lot and building foundation landscaping, and adequate visual screening against apartment and residential uses. Staff concludes that maintaining the existing conditions, along with those imposed with this proposal, accomplishes this. Conditions 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 10, 2002, shall remain in affect. 2. Condition Number 1 of the September 10, 2002, Conditional Use Permit is deleted and replaced with the following: All improvements shall be in substantial conformance to the exhibit entitled "Expansion Plan of Charles Barker Toyota, 1877 Laskin Road, Virginia Beach, Virginia," prepared by MSA, P.C., dated September 30, 2004, which has been exhibited to the City of Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 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. CHARELS BARKER Agenda DTA #10 qe 5 Sup plemental Inforrnat on Zoning History Gaits 2 0 57-476 _ 2632 # I DATE IREQUEST I ACTION 1 12/10/02 Conditional Use Permit (mini storage) Granted 2 09/10/02 Conditional Use Permit/Modification to Conditions (motor Granted vehicle sales & service) 05/12/98 Conditional Use Permit (motor vehicle rentals) Granted 06/27/97 Conditional Use Permit (motor vehicle sales & service) Granted 3 05/28/02 Conditional Use Permit (fuel sales) Granted 12/14/87 Conditional Use Permit (motor vehicle sales) Granted 4 05/09/00 Conditional Use Permit (motor vehicle sales) Granted 5 05/08/99 Conditional Use Permit (motor vehicle sales) Granted CHARELS BARKER TOYOTA Agenda Item # 1-0 Page 6 6 08/26/97 Conditional Use Permit (motor vehicle sales & service) Granted 7 03/28/88 Conditional Use Permit (bulk storage) Granted 8 03/14/83 Conditional Use Permit (auto part sales) Granted 9 02/22/82 Change of Zoning (A-1 Apartment District to B-2 Granted Community Business District) CHARELS BARKER TOYOTA Agenda Item # 10 Page 7 \� Exhibits Exhibit A Aerial of Site Location CHARELS BARKER TOYOTA Agenda Item # 10 Page 8 6 \� Exhibit B Proposed Site Plan CHARELS BARKER TOYOTA Agenda Item # 10 Page 9 m �x Exhibit C Proposed Building Elevation CHARELS BARKER TOYOTA Agenda Item # 10 Page 10 Exhibit D Disclosure Statement } HA w H a 5 `x Yli t � 1i f 211 n.� w ✓ '72 E � w C. �. 12 .g �Y. sit ^� 0.2. , CHARELS BARKER TOYOTA Agenda Item # 10 Page 11 Item #10 Charles Barker Toyota Conditional Use Permit 1877 Laskin Road District 6 Beach December 8, 2004 CONSENT William Din: The next item is Item #10. This is Charles Barker Toyota. This is an Ordinance for a Conditional Use Permit for automobile repair and car wash on property located at 1877 Laskin Road in the Beach District. There are two conditions. Michael Perry: Thank you Madame Chair and members of the Planning Commission. My name is Mike Perry and I'm representing the applicant. We have reviewed those conditions and we approve of those. William Din: Thank you. Michael Perry: Thank you. William Din: Is there any opposition to placing this on consent? If not, Ms. Anderson, I believe will talk about this one. Janice Anderson: Thank you. The applicant in this application is requesting an expansion of an existing automobile sales and service. It is located on Laskin Road. His expansion involves an addition of an additional body shop to the site and a two bay car wash. The car wash will not be used for the public but just for the purpose of the dealership. There have been automobile sales and service located at this site since 1966. This is just an expected expansion of this use that we believe is appropriate and would recommend approval. William Din: Thank you Ms. Anderson. I would like to make a motion to approve the following consent item, Item #10 Charles Barker Toyota. This is a Conditional Use Permit for automobile repair and car wash on property located at 1877 Laskin Road in the Beach District with two conditions. Dorothy Wood: Thank you Mr. Din. Do I hear a second? Donald Horsley: Second. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley. Yes, Mr. Miller. Robert Miller: I need to abstain from Item #10. My firm is working on that project. Item # 10 Charles Barker Toyota Page 2 Dorothy Wood: Thank you sir. 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 1 ABS ABSENT 0 Ed Weeden: By a vote of 10-0, with the abstention so noted, the agenda item has been approved for consent. City of VirgirZia Beach p 2 � 0 S �F .OUR NA1NONS JAMES L. WOOD COUNCILMAN - DISTRICT 5 - LYNNHAVEN December 14, 2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) PHONE: (757) 340-8411 FAX: (757)340-2082 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: l . I am executing this written disclosure regarding City Council's discussion and vote on CityView One, L.L.C.'s application for a change of zoning district classification and conditional use permits with respect to property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000, 14776232950000, 14776213460000, 14777205660000, 14777216650000, 14777226990000, 14777247440000, 14777218100000, 14777226990000, 14777247440000, 14777218100000, 14777310240000, 14777302760000, and 14777249650000). 2. The applicant disclosed in its application that Wall, Einhorn & Chernitzer, P.C. has provided, or will provide, services to it with respect to the requested property use. I have a personal interest in this transaction because my wife is an accountant with that firm. She does not personally provide services to CityView One, L.L.C. 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Smith -2- December 14, 2004 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) 3. The City Attorney has advised me that although I have a personal interest in this transaction, because my wife does not personally provide services to CityView One, L.L.C., the Act provides that I may participate without restriction in Council's discussion of, and vote on, this transaction, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. L. Wood JLW/RRI B — Elevations", and "Aerial Rendering" for "CityView Bonney Road", prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "CityView Renderings"). Proffer #3: So long as Grantee does not tender a "Realignment Notice" as described in Paragraph 5 below, Grantor agrees to dedicate the depicted segment of Constitution Drive, which crosses "Phase B" of the Property, consistent with the alignment currently specified in Grantee's Master Transportation Plan. Grantor agrees to construct that portion of Constitution Drive as specified above, which crosses Phase B of the Property and is above the ten (10) foot contour line, substantially as shown on the exhibit entitled "Road Section", CityView Bonney Road, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as "Road Section". Proffer #4: If requested by the Grantee, Grantor shall not submit and Grantee shall be under no obligation to review a final site plan, for any portion of the Property prior to April 15, 2005. Proffer #5: In the event Grantee specifically notifies the Grantor, in writing, prior to April 15, 2003, of its decision to adopt a modified alignment of that segment of Constitution Drive which crosses the Property and / or its decision to adopt a modified alignment of Bonney Road in a manner which relocates it upon the Property ("Realignment Notice"), the Grantor will adjust and revise the Concept Plan to (a) remove the alignment(s) now depicted and incorporate the modified alignment(s) as specified in the Notice; and (b) relocate and modify the building footprints consistent with the specifications contained in proffer 2 above. The Director of the Virginia Beach Department of Planning shall determine whether Grantor's revised Concept Plan is consistent with proffer number 2. Proffer #6: In the event Grantee provides Grantor with the "Realignment Notice", Grantee's acquisition of those portions of the Constitution Drive and / or Bonney Road right of way(s) located upon the Property shall be governed by a "RIGHT OF WAY ACQUISITION AGREEMENT" dated November 30, 2004. Proffer #7: The buildings depicted on the Concept Plans may vary in the number of stories they contain from the buildings depicted on the CityView Renderings. The buildings within Phase A may range from 4 to 6 stories in height. The buildings within Phase B may vary from 3 to 15 stories in height. Proffer #8: When Phase B is fully developed, there will be a minimum of 45,000 square feet of building area devoted to non-residential uses. The buildings within Phase B may contain 470 residential units or such larger number as permitted under A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Cityview One, L.L.C. — Change of Zoning District Classification and Conditional Use Permits MEETING DATE: January 11, 2005 ■ Background: (a) An Ordinance upon Application of CityView One, L. L. C. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000;14776232950000;14776213460000; 14777205660000;14777216650000;14777226990000; 14777247440000;14777218100000;14777310240000; 14777302760000; 14777249650000). DISTRICT 5 — LYNNHAVEN (b) An Ordinance upon Application of CityView One, L.L.C. for a Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000;14777205660000;14777216650000; 14777226990000;14777247440000;14777218100000; 14777310240000; 14777302760000; 14777249650000). DISTRICT 5 — LYNNHAVEN At the December 14, 2004 City Council meeting, the City Council deferred these requests to the January 11, 2005 meeting. ■ Considerations: The proposal is for two distinct developments on the western portion and the eastern portion of the total site. The portions are shown as being connected across Thalia Creek by a pedestrian bridge and walkway system. The western parcel, Parcel A, is proposed for a multi -family apartment complex with 202 units. The conceptual plan shows a U-shaped building. The majority of the parking for the apartments is provided under the building and within a parking garage structure located in the middle of the site. There are some surface parking spaces around the perimeter of the parking garage. Cityview One, L.L.C. Page 2 of 3 The eastern parcel, Parcel B, is proposed for four mixed use buildings. The uses proposed for these buildings could include any or all of the following; residential apartments/condominums, offices, hotel, or retail. The conceptual plan shows that the majority of the residential units will be located within the large building shown fronting on Bonney Road. A parking structure is proposed as part of this large building to accommodate the majority of the parking needs for all of the buildings on Parcel B. There is also some surface parking provided around each individual building. A road to serve the parcel is shown on the plan to align with the stoplight at the Bendix Road intersection. The planned roadway is based on the alignment for Constitution Drive Extended as depicted in the current Capital Improvement Program. The portion of the roadway proposed to be built with this development is shown ending at the project's northern boundary and not extending across the creek. The proffered plan conflicts with the roadway alternatives depicted in the on- going study of the Constitution Drive connection between the Town Center and the south side of 1-264. The Virginia Department of Transportation (VDOT) consultant handling the study is on schedule to complete work within the next 60 days. The study involves various alternative road layouts that affect the subject site. The road layout currently shown on the plan is not one of the three being studied and is not considered a viable alternative in the study, as its continuation to the south is not possible due to the location of significant existing development along 1-264. With continued growth in the Pembroke Area as called for in the Comprehensive Plan, additional connections between Virginia Beach Boulevard and S. Independence Boulevard are vital to ensure a business center that functions from a transportation and economic perspective. Continued intense development, such as that proposed with this application, is dependent on it. The opportunity to preserve a viable alignment for the connection recommended by the Master Transportation Plan through this site is essential to provide the transportation improvements necessary for the entire Pembroke Area. The future of Bonney Road is also tightly tied to the study mentioned above. The function of the roadway may change based on the flyover alignment that is decided upon. This road may need to be widened or it may need to be relocated. Because the proffered plan shows zero setbacks for the buildings fronting on Bonney Road, the opportunity for widening or changing location of the roadway in the future is severely restricted if the plan as submitted was approved with no opportunity for modifications to address changes to Bonney Road. In an attempt to address these issues, the applicant revised the proffers to provide the City with the opportunity to notify the applicant prior to April 15, 2005 of its need to acquire portions of the subject site for alignments of Constitution Drive and / or Bonney Road. A "Right of Way Acquisition Agreement" is included providing the method of acquisition. Proffer 5 provides the method of allowing modifications to the site layout to accommodate the new alignment(s). However, Staff believes that the process for decision -making on the future flyover alignment should not be short-circuited. The transportation study is not yet Cityview One, L.L.C. Page 3 of 3 complete and an alignment for a connection between Constitution Drive and the south side of 1-264 has not been finalized. Many people other than this applicant are affected by this decision. Stakeholder involvement is essential to the process, and the alternatives must be evaluated based on impacts, benefits and cost, and public review. Thus, the preferable course of action with these applications is a deferral until the results of the study are complete, allowing for a project that accommodates and complements the alignments that are recommended by the study. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with abstention to approve the requests as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends deferral. Planning Commission recommends approval. Submitting Department/Agency: City Manager. Planning Departmen kt rM, CITYVIEW ONE LLC November 10, 2004 Public Hearing REVISED on December 6, 2004 to reflect new proffers Staff Planner: Barbara J. 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: GPINS: s �f Location P • General Informa: Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use Distric. Conditional Use Permit for Multi -family Dwellings Conditional Use Permit for grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet Property located on the north side of Bonney Road at its intersection with Bendix Road limit View, LLC oiw .. wV 17m� ao o i / w i > \ Q a a 'EA, Gprn: See Aaarh;-;i 1477624691;1477623295;1477621346;1477720566;1477721665; 1477722699;1477724744;1477721810;1477731024;1477730276; 1477724965 C COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 23.8 acres EXISTING LAND USE: Undeveloped property SURROUNDING North: . Multi -family condominiums and apartments across LAND USE AND Thalia Creek / B-4 Mixed Use District and A-18 ZONING: Apartment District South: . Office buildings and Hotel across Bonney Road / B- 3 Central Business District and 0-2 Office District East: . Office buildings and duplex dwellings across Thalia Creek / 0-2 Office District and R-5D Residential District West: . Office buildings/ B-3 Central Business District and 0-2 Office District NATURAL The site is separated into two land areas. The western half, Parcel A, RESOURCE is surrounded on the northern and eastern sides by Thalia Creek, a AND tidal tributary to the Chesapeake Bay. The eastern half, Parcel B, is CULTURAL surrounded on the western, northern and eastern sides by Thalia FEATURES: Creek. Both Parcels A and B are heavily wooded. There are approximately 7.5 acres of water, marsh and wetlands on both parcels combined. The proposed development has been reviewed for buffer encroachments by the Chesapeake Bay Preservation Area Board and the conceptual plan was approved by the Board in July 2004 with several conditions. The conditions are listed at the end of this report. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. The proposal is for two distinct developments on the western portion and the eastern portion of the total site. The portions are shown as being connected across Thalia Creek by a pedestrian bridge and walkway system. The western parcel, Parcel A, is proposed for a multi -family apartment complex with 202 units. The conceptual plan shows a U-shaped building. The majority of the parking for the apartments is provided under the building and within a parking garage structure located in the middle of the site. There are some surface parking spaces around the perimeter of the parking garage. The eastern parcel, Parcel B, is proposed for four mixed use buildings. The uses proposed for these buildings could include any or all of the following; residential apartments/condominums, senior housing, offices, hotel, or retail. The conceptual plan shows that the majority of the residential units will be located within the large building shown fronting on Bonney Road. A parking structure is proposed as part of this large building to accommodate the majority of the parking needs for all of the buildings on Parcel B. There is also some surface parking provided around each individual building. A road to serve the parcel is shown on the plan to align with the stoplight at the Bendix Road intersection. A roadway shown running through this parcel is based on the alignment for Constitution Drive Extended as depicted in the current Capital Improvement Program. The portion of the roadway proposed to be built with this development is shown ending at the project's northern boundary and not extending across the creek. The proposed roadway may have to be re -located based on the provisions of Proffer 5, which address the results of a study currently being conducted to determine the specific alignment for crossings on the east and west side of the 1-264 and Independence Boulevard interchange to address transportation needs in this area. The proposed design and layout of the buildings incorporate many of the concepts used to create an urban atmosphere. Setbacks for the buildings are shown at zero to ten feet off of the right-of-way. Surface parking is minimized. All buildings are at the minimum height of 35 feet required by the ordinance for the B-4C District. The elevations show a particular architectural theme and coordinated building elements, resulting in an aesthetically pleasing project. The plan also depicts a pedestrian plaza and walkway system that includes two bridges over Thalia Creek. The pedestrian plaza is located north of the building shown on the western side of Parcel B. One bridge is shown extending from the plaza across the creek to connect Parcel B to Parcel A. The other bridge is shown connecting Parcel B to the existing end of Constitution Drive across Thalia Creek. This bridge is proposed to be located within existing City right-of-way. 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. • The Master Transportation Plan recommends a connection between the existing end of Constitution Drive and S. Independence Boulevard. This connection includes a road crossing over 1-264. For a variety of reasons, the exact alignment shown on the Master Transportation Plan is not feasible. A consultant to the Virginia Department of Transportation is conducting a study to determine the best alignment for the connection within the general corridor shown on the Master Transportation Plan. The current alternatives for the connection all affect the site proposed for rezoning. • The results of the study mentioned above will affect how Bonney Road will function in the future, which will undoubtedly affect the proposed development. • The process for decision -making on the future flyover alignment should not be short-circuited and should involve all stakeholders, including the applicant, but also including other interested parties in the affected area. • The proffered plan should address all impacts of the proposed rezoning on existing public infrastructure and surrounding land uses. • The proffered plan should provide a reasonable level of predictability concerning the function and quality of the proposed development. • The proffered plan should be consistent with the Comprehensive Plan, including the Mixed Use Development Guidelines. Comprehensive Pla � The Comprehensive Plan identifies this site as being within Strategic Growth Area 4 — Pembroke Area. The Pembroke Strategic Growth Area consists of many tracts of land that widely differ with respect to type, intensity, character and value of land use. This SGA enjoys a locational advantage within the City of Virginia Beach and the region. Significant investments and ongoing economic growth is occurring within many sectors of the Central Business District. The B-4C Central Business Mixed Use District was CITYVIEW ONE, LLC Page 4 created to encourage continued private investment in reshaping this area consistent with the recommendations of the Comprehensive Plan. This application is the first proposal to request a rezoning to B-4C Central Business Mixed Use District. The purpose of the B-4C Central Business Mixed Use District is to provide an area that complements the B-3A Pembroke Central Business Core District through quality mixed use development around the periphery of the Central Business District (CBD) at intensities and patterns that support multiple modes of transportation, higher residential densities, and an integrated mix of residential and non-residential uses within the same building or on the same lot, while at the same time being compatible with less intensive uses farther out from the CBD. Requests for rezonings to the B-4C Central Business Mixed Use District are to be limited to the area surrounding the B-3A Pembroke Central Business Core District in the area generally bounded by Thalia Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and Jeanne Street and Broad Street on the north. Development within the B-4C Central Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use Development Guidelines. e 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 subject to the provisions of proffers numbered 4 and 5, it shall be developed substantially as shown on the exhibits entitled "CityView Preliminary Concept Site Plan" and "CityView Development Plan", each dated 4/1/04, prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as "Concept Plans"). Proffer #2: When the residential, non-residential and/or mixed use buildings depicted on the Concept Plans are developed, they will be in substantial compliance with the Mixed Use Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "Phase A — Elevations "Phase CITYVIEW ONE, LLC Page 5 B — Elevations", and "Aerial Rendering" for "CityView Bonney Road", prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "CityView Renderings"). Proffer #3: So long as Grantee does not tender a "Realignment Notice" as described in Paragraph 5 below, Grantor agrees to dedicate the depicted segment of Constitution Drive, which crosses "Phase B" of the Property, consistent with the alignment currently specified in Grantee's Master Transportation Plan. Grantor agrees to construct that portion of Constitution Drive as specified above, which crosses Phase B of the Property and is above the ten (10) foot contour line, substantially as shown on the exhibit entitled "Road Section", CityView Bonney Road, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as "Road Section". Proffer #4: If requested by the Grantee, Grantor shall not submit and Grantee shall be under no obligation to review a final site plan, for that portion of the Property designated as Phase B of the Property prior to April 15, 2005. Proffer #5: In the event Grantee specifically notifies the Grantor, in writing, prior to April 15, 2003, of its decision to adopt a modified alignment of that segment of Constitution Drive which crosses the Property and / or its decision to adopt a modified alignment of Bonney Road in a manner which relocates it upon the Property ("Realignment Notice"), the Grantor will adjust and revise the Concept Plan to (a) remove the alignment(s) now depicted and incorporate the modified alignment(s) as specified in the Notice; and (b) relocate and modify the building footprints consistent with the specifications contained in proffer 2 above. The Director of the Virginia Beach Department of Planning shall determine whether Grantor's revised Concept Plan is consistent with proffer number 2. Proffer #6: In the event Grantee provides Grantor with the "Realignment Notice", Grantee's acquisition of those portions of the Constitution Drive and / or Bonney Road right of way(s) located upon the Property shall be governed by a "RIGHT OF WAY ACQUISITION AGREEMENT" dated November 30, 2004. Proffer #7: The buildings depicted on the Concept Plans may vary in the number of stories they contain from the buildings depicted on the CityView Renderings. The buildings within Phase A may range from 4 to 6 stories in height. The buildings within Phase B may vary from 3 to 15 stories in height. Proffer #8: When Phase B is fully developed, there will be a minimum of 45,000 square feet of building area devoted to non-residential uses. The buildings within Phase B may contain 470 residential units or such larger number as permitted under Section 902(b) (7) of the Comprehensive Zoning Ordinance. Parking will be provided in accordance with the requirements of the B-4C Central Business Mixed Use District. Proffer #9: Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation of The proffers listed above address the major issues Proffers: identified by staff. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated March 31, 2004, and found it to be legally sufficient and in acceptable legal form. ...,..: EvaluationStaff Staff is satisfied with the provisions of the proffers submitted to the Planning Commission and then finalized after the commission hearing. Staff, therefore, recommends approval of these of the conditional change of zoning and the conditional use permits. The proffered plan conflicts with the alternatives depicted in the on -going study of the Constitution Drive connection between the Town Center and the south side of 1-264. The Virginia Department of Transportation (VDOT) consultant handling the study is on schedule to complete work within the next 60 days. The study involves various alternative road layouts that affect the subject site. The road layout currently shown on the plan is not one of the three being studied and is not considered a viable alternative in the study, as its continuation to the south is not possible due to the location of significant existing development along 1-264. With continued growth in the Pembroke Area as called for in the Comprehensive Plan, additional connections between Virginia Beach Boulevard and S. Independence Boulevard are vital to ensure a business center that functions from a transportation and economic perspective. Continued intense development, such as that proposed with this application, is dependent on it. The opportunity to preserve a viable alignment for the connection recommended by the Master Transportation Plan through this site is essential to provide the transportation improvements necessary for the entire Pembroke Area. C The future of Bonney Road is also tightly tied to the study mentioned above. The function of the roadway may change based on the flyover alignment that is decided upon. This road may need to be widened or it may need to be relocated. Because the proffered plan shows zero setbacks for the buildings fronting on Bonney Road, the opportunity for widening or changing location of the roadway in the future is severely restricted if the plan as submitted was approved with no opportunity for modifications to address changes to Bonney Road. The process for decision -making on the future flyover alignment should not be short- circuited. The route of the connection has not been finalized and many people other than this applicant are affected by this decision. Stakeholder involvement is essential to the process, and the alternatives must be evaluated based on impacts, benefits and cost, and public review. Thus, based on discussions between the City and the applicant, the applicant has proffered provisions that provide the City with the opportunity to notify the applicant prior to April 15, 2005 of its need to acquire portions of the subject site for alignments of Constitution Drive and / or Bonney Road. A "Right of Way Acquisition Agreement" has been developed to provide the method of acquisition and Proffer 5 provides the method of allowing modifications to the site layout to accommodate the new alignment(s). 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. Cl Gpin: See Attached Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan shows Constitution Drive as a 100 foot divided roadway leading to a 150 foot right-of-way crossing 1-264 and connecting to Independence Boulevard on the south side of 1-264. A VDOT consultant is currently developing several alternative alignments for this roadway concept at the request of the City of Virginia Beach. All of the three alternatives being studied affect the subject site. The alignment study is scheduled to be complete within the next 60 days. CIP Proiect #2-208 Constitution Drive Extended This project is for the widening and new construction of a four lane highway along Constitution Drive from Columbus Street to Bonney Road, a distance of approximately 0.5 mile. In the 2004-2005 CIP document, no funding is identified for this project until FY 2009-10. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 16,600 22,800 ADT' - 7,600 Bonne Road y ADT Proposed Land Use 3- 12,931 ADT 'Average Daily Trips 2 as defined by 23 acres of 0-2 Office 3 as defined by 672 apartments plus non-residential use The number of trips generated by the proposed land use, 12,931 ADT, is an approximation based on the conceptual plan submitted. The applicant has not submitted the required Traffic Impact Study for this proposal that would provide the level of detail needed to make a more accurate estimate of the trip generation. However, it is evident that even if the subject site were to develop under the existing zoning of 0-2 CITYVIEW ONE, LLC Page .10 Office, Bonney Road will be operating at or above its present capacity. This underscores the urgent need to provide viable transportation alternatives within the Pembroke area. Public Utilities Water: I This site must connect to City water. Sewer: City sanitary sewer is available. Sanitary sewer and pump station analysis for Pump Station 501 is required to determine if flows can be accommodated. Construction plans and bonds are required. Public Schools School Current Enrollment Capacity Generation' Change 2 Thalia Elementary 679 730 79 79 Independence Middle 1502 1347 41 41 Princess Anne High 2205 1751 1 56 56 "generation" represents the number of students that the development will add to the school 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. Fire and Rescue: The Fire Department concerns will be addressed during detailed plan review. IN Exhibits Exhibit A Aerial of Site Location :xhibit B - 1 Concept Plan x Exhibit B - 2 Preliminary Plan CI Building A Building G Mner 1$e4mir aty A?sn mi ai .»�r�. s, 3 atto- r r,r.„rc o➢f :" fj... y{l^#� d .�1Gl�iv4gS€ army YMy a+`%3 Aki,i RCI¢44tle.P dye Ys, m Exhibit C - 1 Proposed Elevations Building B Building C 4r— cl Exhibit C - 2 Proposed Elevations Inc. CI Exhibit C - 3 Proposed Elevations s Sao all c Oslo v3 m1 3, a 2 all a 'c a m o o All w .i `�} 11HISE10,1 J 5'i w CC U 'RJ ib v3 .x J i r, a a . is £ sn £U C <" a j d Fpy i +s � �. U L' 2 E S� *a E HIM i £ ei 1 1 f OWES �A Itmos � tall �; � i ��. Z It � visai a I? pis" W K 2 3 a TL"5 as b W € k € i C a I I I °rs � c' miles 15 +�� I A I if u t 21 no Rp � �c, P3 4 � .C] S Jz ''£ j, Tn� a5 SfaU'T y,> a G "C�21 of A E3 a Exhibit D - 1 Disclosure Statement N ONE, LLC Page 19 m 4 0 CIE. I SSi sit � mac J 1 S b b ir; � M aka, €�� alp =Q d .1.i-§§-t2 0 fiM 5 f i g •4 l: I Ctl Z Op {Q � top � 101 0 K1 .� � C Y D v in li if I V i Q Z.Y.. N K,M IM CD �.. fs ss = I CI Exhibit D - 2 Disclosure Statement W QNE, LLC Page 20 Em T1711'1� SENTARA HEALTHCARE — LIST OF EXECUTIVE OFFICERS David L. Bernd Chief Executive Officer Ronald Bennion Vice President Mary Blunt Vice President Robert Broen-nann Senior Vice President, CFO and Treasurer Bob Graves Vice President Michael Dudley Senior Vice President Les Donahue Vice President Vicky Gray Vice President Rodney F. Hochman, M.D. Executive Vice President and Chief Medical Officer Donald V. Jellig Vice President Howard P. Kern President and Chief Operating Officer Kenneth A Krakaur Senior Vice President Bert Reese Vice President Michael Taylor Vice President Douglas Thompson Vice President Exhibit D - 3 Disclosure Statement City of Virginia Beach, Vir inia Fiscal Years 2004-05 through 2009-10 Ca pitapimprovement Program Project # and Title: 2-208 Constitution Drive Extended Res onsibla<D t. Pu#licworks Business Area: Qualfty PhysicalEnvironment Totals 'fatal Budget Unavoroonated Subse uent Years Futcrr� Year 2 Year 3 Yaer 4 Yom 5 Year 8 Programmed Appropriations Year 1 : t'rogranimFng Costs To Date FY 2004-06 FY 2005'06 FY 2006-07 FY 2407-08 FY 200$-09 FY 2009.10 Requirement 11650 000 0 0 0 01 21 01 1161, '0001 14,129,500 QU10plion and Scol2e This project to for the widening and new construction of a four -lane highway along Constitution Drive from Columbus Street to Bonney Road, a distance of approximately 0.5 mite. Purrose and Need Without this project, the traffic volume will become more congested due to increasing development around the Pembroke area: This project aril provide a linty from Virginia (leach Boulevard to Bonney Road and help alleviate traffic at the intersection of Independence Boulevard and Virginia Desch Boulevard, History and Current Status This is a new proiect in the FY 2004-0.5 C iP, 0oorating Budgetary Impact Basis for Estimate FY 2004.05 FY 200S-06 FY 200647 FY 2007.08 FY 2008:09 FY 2009-10 Impact estimated to begin in FY2013-14. 0 0 0 0 0 0 Schedule of Activities Activity From - To Amount Design 10109-10110 1,500,000 Site Acquisition 1t0.i'10.10111 2,500,000 VIRGINIA BEACH BLVD. Private Utility Adjustments 10141-06112 100„000 Construction 06/12.06113 9,442,0.00 Street Lights 06113-08113 87,500 I-widscaping W13-08113 50,000 n Contingencies 10f09-08113 2,100,000 —"� Total Budgetary Cost Estimate 15,779,500 C Total Non -Programmed Casts 0 _ Total Programmed Costs 15,779,500 v U Megna ttf FI!]11nrInq Funding Source Amount a� Charter Bonds 1,650,000 Total Programmed Frnancirrg 1,650,000 Future Funding Requirements 14,129,500 �v 12(a4 Fiscal Year 200"5 4-29 quality Physical Environment Exhibit E - 1 Supplemental Information (Capital Improvement Program Sheet) N ON E, LLC Page 22 Exhibit E - 2 Supplemental Information (Chesapeake Bay Board Approval PROPERTY OWNER: SENTARA HEALTHCARE — Letter) ROBERTSOUDERS Application of SENTARA HEALTHCARE I ROBERT SOUDERS for a variance to Section 106 of the Chesapeake Bay Preservation Area Ordinance on property located at PARCEL fi & PARCEL B, NORTH SIDE OF INTERSECTION OF BENDIX AND BONNEY ROADS. GPIN #1477-62-4691-0000, 1477-62-3295-0000, 1477-62-1346-0000, 1477-72-0566-0000, 1477-72-1665-0000, 1477-72-2699-0000, 1477-72-1810-0000, 1477-73-1024-0000, 1477- 73-0276-0000,1477-72-4965-0000. DISTRICT 5 — LYNNHAVEN. 11,11,111 Iriji, "I q 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance. 2. Dual 36" erosion and sedimentation control measures (silt fences) shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Additionally, a heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 3. Construction limits shall lie a maximum of 10'seaward of all improvements or consistent with the revised site plan dated July 17, 2004. 4. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 5. All stormwater shall be conveyed to structural stormwater management facilities as shown on the submitted site plan, inclusive of Bonney Road, 6. If and when the shoreline is hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (timber or steel bulkhead), Said condition shall be so noted on the site plan. 7. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be based upon 25% of impervious cover within the Resource Protection Area. The formula for payment is as follows: 25% of square footage of impervious cover within the buffer divided by 27 (cubic yards) times 15 (estimated bushels of oyster shell within a cubic yard) times $1.65 (cost of shell and cost to plant). 3 C Exhibit E - 3 Supplemental Information (Chesapeake Bay Board Approval Letter — 2) 8. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so notedon the site plan. 9. Exclusive of the access paints where the pedestrian bridge interfaces with uplands, no portion of the porous pavement walkway shall lie within the landward 50' portion of the buffer. 10. Forebays shall be added to bio-retenti;on facility numbers 1 and I 11. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location,number,#- - of -#- w #n to be installed. 12. Tree compensation forremoved rom the esource Protection conditionsArea shall be at a 3:1 ratio and shall be comprised of a minimum of 50% evergreen and 50% deciduous species. 13. The • approvalassociated varianceare based on site • # �yY♦ dated l prepared Pinnacle GroupEngineering, 15. B revised site plan shall be submitted to the `#aof # Development # and approval priorto the issuanceof building permit. C N ONE, LLC Page 24 Exhibit E - 4 RIGHT OF WAY ACQUISITION AGREEMENT Supplemental Information fL THIS AGREEMENT, made this 30th day of November, RIGHT OF WAY N 2004, by and between CITYVIEW ONE, L.L.C., a Virginia AGREEMENT") limited liability company (hereinafter sometimes referred to as "Cityview"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as ,.City"). WITNESSETH: WHEREAS, Cityview, as contract purchaser of certain real property located in the City of Virginia Beach, which property is more particularly described in Exhibit "A' attached hereto and incorporated herewith by reference, (hereinafter referred to as the "Property"), has a pending application to conditionally rezone the Property from Unconditional 0-2 Office District to Conditional B-4C Mixed Use District before the Virginia Beach City Council; and WHEREAS, the proffered "Concept Plans" for development of the Property, submitted by Cityview incorporate the existing alignments of the public right of ways known as Constitution Drive and Bonney Road as contained in the City's Master Transportation Plan and the City's Capital Improvement Project # 2-208 Constitution Drive Extended; and WHEREAS, the Virginia Department of Transportation has recently undertaken a study to evaluate possible realignment and/ or relocation of that portion of Bonney Road between Independence Boulevard and S. Gum Avenue and that portion of Constitution Drive Extended located south of the Town Center; and WHEREAS, Cityview, acknowledges and agrees that its conceptual development plan as proffered with its conditional rezoning application, is potentially in conflict with the new alternative alignments being studied by the Virginia Department of Transportation; and WHEREAS, Cityview, for itself, its successors, assigns, grantees, and heirs voluntarily without any elements of quid pro quo for rezoning approval, agrees to the conditions and restrictions set forth herein which are intended to preserve the City's ability to acquire those portions of either right of way which the City may determine to realign upon the Property at current "fair market value" based upon the Property's current 0-2 Zoning in a timely manner; and WHEREAS, Cityview has requested to be permitted to proceed with its conditional rezoning application in a timely manner for contractual reasons, and the City is willing to permit the application to proceed to a public hearing before the Virginia Beach City Council under certain conditions. NOW, THEREFORE, for valuable consideration the receipt and sufficiency of which is hereby acknowledged by both Cityview and the City, the parties to this Agreement do hereby covenant and agree as follows: 1. The covenants, conditions and agreements contained herein are expressly subject to and contingent upon approval of this agreement by the City Council of CITYVIEW ONE, LLC Page 25 the City of Virginia Beach, at its December 14, 2004 Public Hearing, in conjunction with requested approval of the pending application of Cityview for a conditional rezoning of the Property from Unconditional 0-2 to Conditional B-4C. 2. In the event the City tenders the "Realignment Notice" to Cityview as described in Proffer number 5 contained in the parties "Proffered Covenants, Restrictions and Conditions dated March 31, 2004, Cityview agrees to convey to the City and the City shall take those actions necessary to acquire from Cityview, those portions of the Cityview Property which are (a) within the realigned right of way(s) of Constitution Drive and/or Bonney Road, and (b) rendered undevelopable as a consequence of the realignment (the "Acquisition Area"). For purposes of this Agreement, portions of the Cityview Property rendered undevelopable as a consequence of such realignment shall be those portions of the Cityview Property that consist of lots created as a result of the acquisition by the City of the realigned right of way(s) of Constitution Drive and/or Bonney Road and that cannot be developed as a result of the application of the City's or other governmental entity's laws, ordinances, rules or regulations or be combined with any other Cityview property in such manner as to create a developable lot. 3. The parties acknowledge and agree that the valuation of the Acquisition Area shall be based upon the Fair Market Value of the Property as of December 1, 2004 with the current Unconditional 0-2 Office District Zoning. 4. The parties acknowledge and agree that, upon tender of the Realignment Notice, the parties shall attempt to negotiate an agreed upon purchase price for the Acquisition Area. If the parties are not able to reach an agreement as to the Purchase Price by June 1, 2005, each party shall retain a duly licensed MAI appraiser to ascertain the value of the Acquisition Area and submit a written report of his/her basis for the valuation by September 1, 2005 ("valuations"). The parties shall exchange their respective appraiser's valuations by no later than September 10, 2005. In the event the difference between the two (2) valuations is less than or equal to ten percent (10%) of the greater of the two (2) valuations, the parties agree that the purchase price for the Acquisition Area shall be the lower of the two (2) valuations plus fifty percent (50%) of the difference between the two (2) valuations (i.e. higher valuation minus lower valuation, equals difference, multiplied by 50%). In the event the difference in the two (2) valuations exceeds ten percent (10%) and the parties cannot agree upon a purchase price, the two (2) appraisers shall, by October 1, 2005, select a third appraiser ("Final Appraiser") who shall review the two (2) valuations, conduct any additional research deemed necessary and issue a report of his determination of value, which value shall not be lower than the lesser of the two (2) appraisals nor higher than the higher of the two (2) appraisals. The Final Appraiser's report shall be complete by December 1, 2005, and the parties agree that the Acquisition Area valuation as determined by the Final Appraiser shall be the binding purchase price. Each party shall be responsible for its own appraisers' fees and expenses and one-half (1/2) the fees and expenses of the Final Appraiser. 5. Subject to appropriation of the necessary funds by the City Council in the same fiscal year in which payment is to be made pursuant to this paragraph, the CITYVIEW ONE, LLC Page 26 City shall pay to Cityview the purchase price for the Acquisition Area by no later than March 1, 2006, time being of the essence. In the event the City shall fail to appropriate the necessary funds or to pay to Cityview the purchase price for the Acquisition Area as contemplated herein, this Agreement shall be null and void and of no force or effect, it being the intention of the parties that in such an event, the City will acquire the Acquisition Area either pursuant to a new agreement of the parties or by eminent domain at the fair market value of the Acquisition Area as of the date of recordation of a Certificate of Condemnation. C Item #22 & 23 Cityview One, L.L.C. Change of Zoning District Classification Conditional Use Permit District 5 Lynnhaven November 10, 2004 REGULAR Joseph Strange: The next application is Item #22 & 23 Cityview One, L.L.C. An Ordinance upon Application of Cityview One, L.L.C. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road. An Ordinance upon Application of Cityview One, L.L.C. for a Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than 5,000 square feet and housing for seniors on property located on the north side of Bonney Road at its intersection with Bendix Road, District 5, Lynnhaven. Eddie Bourdon: It's a mouthful. Thank you Madame Chair. Ronald Ripley: I have an interest in this business of this application and I will be abstaining. Is this our last item? Dorothy Wood: This is our last item. Ronald Ripley: Please note my abstention please. Dorothy Wood: You certainly are not leaving for the day. Eddie Bourdon: For the record, it's my privilege to represent the applicants on this Cityview One, L.L.C. Cityview is what we have named this project. As Mr. Strange read based on our new B-4C Central Business Mixed Used District Zoning, we are requesting a Conditional Use Permit for multi -family dwellings and also a Conditional Use Permit for a carry -out food grocery store within in a mixed use building. There is no stand alone grocery store at all. We are, today withdrawing the Use Permit for the housing for seniors. Please note that. We may come back in the future as the development plan evolves and is on the ground with that but we will withdraw that Use Permit for the housing for seniors. As I said it to this Commission last month, these applicants have spent almost 12 months and ten of thousands of dollars developing a beautiful mixed use, land use plan. In actually going to the Chesapeake Bay Board and going through that process and getting kudos from them and approval of the plans from the Bay Board. We have done that in faithful reliance upon the ultimate and undeniable success of the City's vision for Town Center. We've also faithfully relied that the City's commitment and investment in the TIF District will succeed in spurring other private developers to develop and redevelop land in and around Town Center. And, finally we've faithfully relied upon the existing Master Transportation Plan and the CIP Project for Constitution Drive Extended. We certainly applaud and commend the City as was stated at the beginning of the meeting with the award given for it's vision and action in helping to create Town Center. Mr. Nutter did a beautiful job in describing Burrell Saunders and CMSS Architects and his vision and I will just readopt his statements about Burrell's abilities. This Commission also gave Mr. Saunders part of the award earlier this afternoon. Now, I'm going to have Burrell come up and provide you with a more detailed version of our vision for Cityview. Cityview is an entirely private investment between 70-90 million dollars proposed which will generate significant annual real estate tax revenues to the City exactly as what was contemplated and desired by the City when they put the seed money in and created the TIF District. After Burrell's presentation, any discussion that it may engender, I would appreciate the opportunity to address Constitution Drive and it's possible realignment and how we have agreed to deal with that with your staff, and also with the four conditions that were contained in the staff's evaluation, which I have passed out some revisions to those conditions. I will address those then. I'll ask Burrell to come up at this point. Thank you. Burrell Saunders: Good afternoon. I'm Burrell Saunders with CMSS Architectures. I'm very excited to be here to talk to you about Cityview. It's been a long time working on the Central Business District. The reason we started the whole process with the Central Business District and the downtown area that we're creating was to see the residual properties in the area start to develop in a different manner that served the City in a different way. It offered a different lifestyle. This project here is a great example of a project that has come forth because of the vision and the work that has been done in the Town Center making it possible. One of the reasons this group came to us when they started to talk about this property was the adjacency to the Town Center. A place where they could utilize the services of an entertainment, business, social, cultural, and now with the Art Center and total lifestyle place that we are evolving there. We were thrilled when we saw them come to the Central Business District looking because we were concerned that many of the properties are still being developed in a suburban style. These gentlemen came to the table and said we really want to look beyond that and look at the broader vision of the opportunity of creating a class "A" address here. It addressed the lifestyles. If we can flip to some of the renderings, I can talk you through it. The parcel is located on Bonney Road. It has an extension of Constitution that you can see through Parcel "B" that's set in place so that Constitution can be extended. As originally considered in the Master Plan really going back to the late 80's that the Planning Commission actually adopted. What we have here shown and if you remember in the early planning in the CBD, one of the goals was to take the Thalia Creek area, the natural area and keep it natural and blend it in the more urban setting that was going to occur. So, what you can see here surrounding this property, a large percentage of this, which all of the buildings are above the flood plain areas where the Thalia Creek is, and this leaves a wonderfully, beautiful forested area. Most of this is forested. It has a fair amount of trees in it and marsh lands as a backdrop or a setting. When we bring the buildings in tighter, what we don't have happening here that we typically would have are the types of densities that we have we would usually have most of that land being parking lots. Now what we have is a beautiful setting surrounding the buildings and the style of the buildings are pulled in to a much tighter urban setting. People living in this area and the idea on Parcel "A", which would be 202 residents living there is that they would be served by a parking structure that you see in the center and parking underneath the buildings. On the other side on Parcel "B", we're considering that to be a mixed use property that would mix office, hospitality, retail, for sale units, and for rental units in a total mixed use environment that would connect right back to the Central Business District, just a short walk away. What we're experiencing right now and I'm certainly experiencing this in my office, a lot of my employees that live in this area that literally walk to work. They don't even have to get in their cars. So, if your talking about traffic, if we can create a place where you can literally move in and out of the area without having to always depend on your car, it's a great opportunity and a great lifestyle that people are seeking today. Especially younger people and people that are empty nesters, those are the two groups that are really looking. We are seeing a real change in the demographics of people looking for these kinds of places. If we could flip it to the renderings, you'll see some ideas of the types of buildings that could occur. This is a series of urban scaled, real units on Parcel "A". This is a series of the types of buildings that will occur much taller, more urbanian type of buildings that would sit up to the street and have retail on the first floor, and rise up. They called it Cityview you can start to see this is looking Bonney Road with Constitution cutting through running right to left. A series of buildings that would vary in height from 3 to 4 stores up to 15 stories, allowing you to have a view back of the City Center that is being built with the natural setting in front of you. What a great opportunity to do upscale development and to move forward with the further advancement of the whole total vision for the Central Business District. I will answer any questions. Dorothy Wood: Thank you Mr. Saunders. Thank you for spending the day with us. Joseph Strange: Speaking in support is Andrew Heatwole. Eddie Bourdon: Mr. Heatwole is not going to speak. Thank you Madame Chair. What I wanted to address were the issues of Constitution Drive. As much as I would like to believe, and I like to hope and think that it hasn't been very long, the fact of the matter is that Constitution Drive Extended and the flyover concept for I-264 has been discussed and on the table since I was high school. It's still being discussed. We are and have designed this project to extend Constitution Drive and connect it from its current terminus north of us down to Bonney Road. We have proposed in accordance with the Master Transportation Plan to dedicate it and to build that section that extends north from Bonney Road to Thalia Creek on the high land, there would need to be a bridge built that we could not afford within the economics to actually build that bridge. We have proposed to build and will build a pedestrian bridge in addition to the vehicular bridge which would go in immediately so we would create that pedestrian shed. That ability for people to go on bike, foot or roller blade or by any other means that's not motorized to get from this development to Town Center and vice versa. With the City's looking at potential realignment of Constitution Drive, we have agreed to revise our proffers to withhold the submittal of any site plan for any of the development on this property until April 1, 2005 when we have been advised that we will receive either the go ahead to leave it as be or will be given a notice that the road is being realigned. Bonney Road could possibly be realigned. If that is done then we have agreed that we will revise our plans accordingly. However at that point, we would not be in a position to commit because we have no way of knowing to the ability economically to build the road as realigned. It may completely obliterate part of the development and it may not work. But because we must, under our contract proceed to close, and cannot get any more extensions, we need the zoning in place to get our financing to go forward with this project. We are willing to take the risk. We're perfectly comfortable that we will be able to work things out with regard to the City and protecting the City in terms of today's value for any right-of-way that needs to be required in the event that we do have to realign the road. It makes it not feasible for us to dedicate and certainly to build, but we will dedicate and build based on the current alignment because it fits well within our plan as well as what's on the ground out there. So, that's the big issue that I'm confident that we have addressed and are on the same page with the City staff on in terms with the revisions to the proffered agreement. I see that my time has run out. The other thing that I wanted to mention was the four conditions that I passed out revisions to those conditions if this is something that this body desires to move forward with. We certainly hope, and really do need to have this move forward. The first condition that is recommended by staff is certainly acceptable. In fact, Brian Goodloe, our Traffic Engineer is here. The traffic study is basically complete. We will be submitting that to the City more likely on Friday. So that is perfectly fine. Condition #3 is also okay. I think it merely restates what the law would require anyway and the site plan issues with turn lanes. We don't have a problem with condition #3. We would request that Condition #2 be deleted. We would not be looking at setting our buildings 30 feet back from Bonney Road. We again, appreciate and are in agreement with protecting the right- of-way the City needs on Bonney Road, whether shifted or stays the same at today's fair market value as opposed to an increase value, which would to some degree, although it's very valuable today with its own 0-2 Zoning, we think it is much more valuable with this zoning. That we will deal with again, through the proffers and through the site agreement dealing with value to protect the City's need if necessary to acquire right-of-way at a value of today's value versus additional dollars with zoning. Lastly, Condition #4, we would propose that be reworded. Again, to some degree this may be premature and not make any difference depending on the actual alignment of Constitution Drive. If it should change but what it is indicating is if Constitution Drive is not realigned and stays where it is, then we would be obtaining approval with this zoning of our development plan for Phase "A". We are willing to limit, although we can't limit it to one, we limit to one full in and out entrance but we have to have one exit only because of the traffic circulation with our parking garage. Apparently Traffic Engineering had indicated that they prefer to see it have only one entrance. We can agree to it, exit only and one entrance. That is what number four deals with. If the alignment of Constitution changes it crosses Parcel "A", it will be redesigned. Parcel "A determines what goes where on Parcel "A". As I hope the Commission will do, you will recognize the clear benefit of this proposal. One that is truly in keeping what everyone had hope would happen and is happening around Town Center and because the investment that has been made because the reliance that we had on what's on the books and because of absolute need to move this process forward to get the zoning so we can get our appraisals and get our closing in accordance with our contract. We need to move forward. Thank you. Dorothy Wood: Would you please answer Mr. Miller's question? Eddie Bourdon: I'll be happy to. Robert Miller: I don't have a question. Sorry Mr. Bourdon. Eddie Bourdon: That's quite alright. Robert Miller: Mr. Scott is this in agreement with what we talked about this morning? The application, as Eddie has outlined is pretty close to what you talking about this morning? Robert Scott: Completely. I indicated that we need the opportunity to complete the study. We are doing it with strong encouragement of CBD Association, we being VDOT. VDOT's consultant is scheduled to done with study in December. At that time, they are expected to identify a series of alternatives for the routing of a flyover and also to make a recommendation. I think we need a little bit of time to decide together what the affected people in the CVD Association and the community as a whole, which one is appropriate. All of them affect this property. I am in agreement that some relatively high level of flexibility is in order as far as the relationship between the project and the road network. We really don't know what the road network is going to be. We feel that in principal we have worked out an arrangement where by they can do the things that they need to do and that is close, get their appraisals and go through all those processes that are important to them. We can go through the processes that are important to us. In other words, I think we have a win -win here. So, we do have some work to do in the next short number of days here to get it in order so that when it goes to City Council, it can be hopefully improved and we will set out to do that work. While we don't have the details settled, we have the principal settled. Dorothy Wood: Thank you. Gene. Eugene Crabtree: Can we go ahead and recommend approval for this application as it is? Robert Scott: As long as you know what you're getting. You don't have answers to the detailed questions. Eugene Crabtree: But all parties can go ahead and proceed. Robert Scott: They can go ahead and do that and when we get the details we can work it out. Eugene Crabtree: Can we make a motion? I'd make a motion to approve the application with the revised conditions. Dorothy Wood: Do I hear a second? Robert Scott: I don't have any revised conditions. I think what you need to do is approve what you have in front of you. Those need to be worked out in detail. Just remember we need to have the expectation that it is going to be adjusted between now and time it goes to City Council. William Din: Was it my understanding that you had withdrawn the Conditional Use Permit for the senior housing? Eddie Bourdon: Yes sir. The Conditional Use Permit for senior housing is withdrawn. As far as the four conditions of the Use Permit that I passed out, if it is easier, we can work those out between now and City Council as well. Stephen and Mr. Scott both provide them yesterday. They looked at them. I don't think they have any objection to them but we're perfectly happy to work closely with staff on those additions. I don't think anything in that part is really a significant impediment to this at all. It's the agreement with regard to protecting the values on the property that City needs to acquire right-of-way with the realigned road, which I think is the big issue. Eugene Crabtree: I'd like to make a motion that we approve it. I don't know how to word it. I'd make a motion to approve this application. Dorothy Wood: A motion by Gene and seconded by Kathy Katsias. Eddie Bourdon: Is that with no conditions? Is that the way? Kathy Katsias: No. Eddik; Bourdon: The four conditions as we submitted to them or with no conditions? Robert Miller: They already had and you all are going to work together on those between now and the City Council. Eddie Bourdon: There isn't any disagreement, I don't believe with regard to what we indicated in those conditions. We're 30 feet back from Bonney Road will not work. We can't approval. Our whole appraisal is going to go down. I don't think that is what anybody believes is necessary that we be 30 feet back from Bonney Road, which is Condition #2. We also prefer that the condition not agree that we be limited to one entrance from Bonney Road for Phase "A". We haven't had any dialogue that has given us any belief that's a strong position. Again, the ultimate alignment of the road is going to deal with that issue in all likelihood anyway. Those two conditions in number 2 and number 4 as worded in the staff's recommendation, we cannot agree too. I don't think that in a recent conversation is taking a total adverse position to that. Dorothy Wood: Would you like a deferral for 30 days? Robert Miller: No. Let's go back. I misunderstood you. I thought you were saying that you wanted to work with the four conditions between now and Council. Eddie Bourdon: If you want to take them out? Robert Miller: Where do we go with this Bob? Robert Scott: I don't see exactly why Eddie has got a problem with what we wrote. We may have a little bit of problem with what he wrote. Eddie Bourdon: I agree. Robert Scott: I would prefer that if you're going to recommend approval that you recommend approval with no conditions. Eddie Bourdon: We're fine with that. Robert Scott: With the understanding that we're going to be working in the next few days to get the conditions worded the way they need to be worded to get the things done. Eugene Crabtree: I'm fine with that. I'll change the motion so it's with no conditions. Robert Miller: Are you ready to vote again? AYE 10 NAY 0 ABS 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY ABS STRANGE AYE WALLER AYE WOOD AYE ABSENT 0 Ed Weeden: By a vote of 10-0, with one abstention, the application of Cityview One has been approved by the Board. Eddie Bourdon: Thank you all very much. Dorothy Wood: This meeting is adjourned. In Reply Refer To Our File No. DF-5978 TO: Leslie L. Lilley FROM: William M. Macali RE: Conditional Zoning Application CityView, L.L.C. CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 15, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2005. I have reviewed the subject proffer agreement, dated March 31, 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. WMM/nlb Enclosure cc: Kathleen Hassen CITYVIEW ONE, L.L.C., a Virginia limited liability company SENTARA HEALTHCARE, 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 Slat day of March 2004, by and between CITYVIEW ONE, L.L.C., a Virginia limited liability company, Grantor, party of the first part; SENTARA HEALTHCARE, 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 those certain parcels of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately 23.82 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional B-4C Central Business Mixed Use District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that 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 GPIN: 1477-62-4691; 1477-62-3295; 1477-62-1346; 1477-72-0566; 1477-72- 1665; 1477-72-2699; 1477-72-4744; 1477-72-1810; 1477-73-1024; 1477-73-0276; 1477-72-4965; 1477-72-3965 PREPARED BY: SYKES BOURDON, AHERN & LEVY, P.C. 281 INDEPENDENCE BLVD. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 1 time to recognize the effects of change that will be created by the Grantors' 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 WHEREAS, the Grantors have 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, subject to the provisions of proffers numbered 4 and 5, it shall be developed substantially as shown on the exhibits entitled "CityView Preliminary Concept Site Plan" and "CityView Development Plan", each dated 4/1/04, prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as "Concept Plans"). 2. When the residential, non-residential and/or mixed use buildings depicted on the Concept Plans are developed, they will be in substantial 2 compliance with the Mixed Use Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "Phase A - Elevations", "Phase B - Elevations", and "Aerial Rendering" for "CityView Bonney Road", prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "CityView Renderings") . 3. So long as Grantee does not tender a "Realignment Notice" as described in Paragraph 5 below, Grantor agrees to dedicate the depicted segment of Constitution Drive, which crosses "Phase B" of the Property, consistent with the alignment currently specified in Grantee's Master Transportation Plan. Grantor agrees to construct that portion of Constitution Drive as specified above, which crosses "Phase B" of the Property and is above the ten (10) foot contour line, substantially as shown on the exhibit entitled "Road Section", CityView Bonney Road, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as "Road Section") . 4. If requested by the Grantee, Grantor shall not submit and Grantee shall be under no obligation to review a final site plan, for any portion of the Property, prior to April 15, 2005. 5. In the event Grantee specifically notifies the Grantor, in writing, prior to April 15, 2005, of its decision to adopt a modified alignment of that segment of Constitution Drive which crosses the Property and/or its decision to adopt a modified alignment of Bonney Road in a manner which relocates it upon the Property ("Realignment Notice"), the Grantor will adjust and revise the Concept Plan to (a) remove the alignment(s) now depicted and incorporate the modified alignment(s) as specified in the Notice; and (b) relocate and modify the building footprints consistent with the specifications contained in proffer number 2 above. The Director of the Virginia Beach Department of Planning shall determine whether Grantor's revised Concept Plan is consistent with proffer number 2. 91 6. In the event Grantee provides Grantor with the "Realignment Notice", Grantee's acquisition of those portions of the Constitution Drive and/or Bonney Road right of way(s) located upon the Property shall be governed by a "RIGHT OF WAY ACQUISITION AGREEMENT" dated November 30, 2004. 7. The buildings depicted on the Concept Plans may vary in the number of stories they contain from the buildings depicted on the CityView Renderings. The buildings within Phase A may range from 4 to 6 stories in height. The buildings within Phase B may vary from 3 to 15 stories in height. 8. When Phase B as depicted on the Concept Plans is fully developed, there will be a minimum of 45,000 square feet of building area devoted to non- residential uses. The buildings within Phase B may contain 470 residential units or such larger number as may be permitted under Section 902(b)(7) of the Comprehensive Zoning Ordinance. Parking will be provided in accordance with the requirements of the B-4C Central Business Mixed Use District. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the 0-2 and B-4C Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors 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 4 by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions 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 Grantors 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 Grantors and the Grantee. WITNESS the following signature and seal: GRANTOR: Sentara Healthcare, a Virginia corporation By: (SEAL) Donald V. Jellig, Vie Wsident STATE OF , RGINI CITY OF l! ti pkc_� , to -wit: The foregoing instrument was acknowledged before me this � day of April, 2004, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia corporation, Grantor. Notary Public My Commission Expires: 3 V-oI�6 WITNESS the following signature and seal: GRANTOR: CityView ONE, L.L.C., a Virginia limited liability company By; (SEAL) F. Andrew Heatwole, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 18t day of April, 2004, by F. Andrew Heatwole, Managing Member of CityView One, L.L.C., a Virginia limited liability company, Grantor. 'A2k_4��' c/ 2 Notary Public My Commission Expires: August 31, 2006 7 EXHIBIT "Af0 All those certain tracts, pieces or parcels of land situate, lying and being on the North and South sides of Bonney Road in the City of Virginia Beach, Virginia, together with any buildings and improvements thereon and all appurtenances thereunto belonging, including riparian rights incident thereto, and being known and designated as "PARCEL A AREA = 11.86 Ac." and "PARCEL B AREA = 11.96 Ac." as shown on Sheets 1 and 2 of that certain plat entitled "BOUNDARY LINE SURVEY OF PROPERTY STANDING IN THE NAME OF BONNEY ROAD OFFICE PARK ASSOCIATES BONNEY ROAD OFFICE PARK ASSOCIATES II & III KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated February 3, 1986, Scale 1" = 100', made by Langley and McDonald, a professional corporation, Engineers -Planners -Surveyors, 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 2498, at Page 1012, reference being made to said plat for a more particular description of said property. GPIN: 1477-62-4691 1477-62-3295 1477-62-1346 1477-72-0566 1477-72-1665 1477-72-2699 1477-72-4744 1477-72-1810 1477-73-1024 1477-73-0276 1477-72-4965 1477-72-3965 CONDITIONALREZONING/ CITYVIEWONE/PROFFERI I REV.11/30/04 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Miracle Temple Worship Center, Inc. — Conditional Use Permit (church) MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of Miracle Temple Worship Center, Inc. for a Conditional Use Permit for a church on property located at 3900 Bonney Road (GPIN 14872349760000). DISTRICT 5 — LYNNHAVEN ■ Considerations: The applicant is requesting to occupy a portion of an existing strip shopping center for a church. The space is also in use as a private school (permitted use) Monday through Friday from 8:00 AM until 2:35 PM. The applicant proposes to lease the 6,000 square feet of space for church use on Sundays from 9:30 AM until 1:30 PM and on Tuesday evenings from 6:30 PM until 9:30 PM. 3,000 square feet shall be used for the sanctuary space. Attendance for the church is not to exceed 170 people. The Comprehensive Plan identifies this area as part of Strategic Growth Area 5 -- North Rosemont Area and recognizes primarily suburban and commercial land use patterns. The Plan recommends that redevelopment of the area should occur over time, taking advantage of the close proximity to 1-264, transforming the existing land use pattern into a mixed -use arrangement. The addition of this church operation within an existing structure is expected to have negligible impact on the surrounding uses and zoning. The use is compatible with the surrounding uses in the shopping center. The hours of operation do not conflict with the current tenants (private school). The proposed church will not disrupt or adversely impact surrounding neighborhoods. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve the request with the following conditions: Church gatherings shall be limited to Sundays between 8:00 AM and 2:00 PM and Tuesday evenings between 6:00 PM and 9:00 PM. Miracle Temple Worship Center, Inc. Page 2 of 2 2. No more than 170 people shall be present at the church during any gathering. 3. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department prior to occupancy. 4. All necessary inspections and approvals shall be obtained from the Fire Department before occupancy of the building. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City Manager: MIRACLE TEMPLE p,.t WORSHIP CENTER, INC. Agenda Item # 4 December 8, 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 regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION Conditional Use Permit for a church. Property located at 3900 Bonney Road. . NoMiracle Temple Worship Center Inc. M Nt t, [o h?C ,. SOUTHERN r ram+ w, _m MR- e fI O jai co�an�o��iaro;�s-a��Med r.�nPs C!.'!'-Chur::h 14872349760000 5-LYNNHAVEN MIRACLE TEMPLE WORSHIP CENTER Agenda Item'# 4 Page 1 DISTRICT: SITE SIZE: Part of a 2.858 acre shopping center. Sub -leasing 6,000 square feet (proposed area) EXISTING Commercial shopping center (Grande Junquetion Center) zoned B-2 LAND USE: Community Business District. SURROUNDING North: . Across Norfolk & Southern Railroad r/w is an LAND USE AND automobile dealership / B-2 Community Business ZONING: District South: . Across Bonney Road are multifamily communities (Thalia Oak and Thalia Trace) and a single-family residence / A-24 & A-12 Apartment districts, R-7.5 Residential District East: . Across Lynnshores Drive is vacant land / B-2 Community Business District West: . Mini -Storage / B-2 Community Business District NATURAL RESOURCE AND CULTURAL The site is covered by a strip shopping center and parking. There are FEATURES: no significant natural resources or cultural features on this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. p, Summary of Proposal The applicant is requesting to occupy a portion of an existing strip shopping center for a church. The space is also in use as a private school Monday through Friday from 8:00 AM until 2:35 PM. The applicant proposes to lease the 6,000 square feet of space Sundays from 9:30 AM until 1:30 PM and Tuesday evenings from 6:30 PM until 9:30 PM for church use. 3,000 square feet shall be used for the sanctuary space. Attendance for the church is not to exceed 170 people. MIRACLE TEMPLE WORSHIP CENTER Agenda Item # 4 Page 2 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. • Consistency with the recommendations of the Comprehensive Plan for this area. • Compatibility of the proposed use with the surrounding uses in the shopping center. IMIN Comprehensive ". The Comprehensive Plan identifies this area as part of Strategic Growth Area 5 -- North Rosemont Area and recognizes primarily suburban and commercial land use patterns. Redevelopment of the area should occur over time, take advantage of the close proximity to 1-264 and transform the existing land use pattern into a mixed -use arrangement. Er Staff Evaluation Staff recommends approval of this request. The addition of this operation within an existing structure is expected to have negligible impact on the surrounding uses and zoning. The use is compatible with the surrounding uses in the shopping center. The hours of operation do not conflict with the tenants. The proposed church will not disrupt or adversely impact surrounding neighborhoods. MIRACLE TEMPLE WORSHIP CE Agenda ItE r LATER gym.,# 4 'age 3 Conditions 1. Church gatherings shall be limited to Sundays between 8:00 AM and 2:00 PM and Tuesday evenings between 6:00 PM and 9:00 PM. 2. No more than 170 people shall be present at the church during any gathering. 3. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department prior to occupancy. 4. All necessary inspections and approvals shall be obtained from the Fire Department before occupancy of the building. 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. MIRACLE TEMPLE WORSHIP CE Agenda ItE F ITER n # 4 Supplemental Information Zoning History 1#1 Conditional Zoning - Recorded Proffers (, -1P - Church urch # DATE IREQUEST I ACTION 1 02/10/04 Conditional Rezoning from A-12 to R-7.5 Conditional Use Permit for a Pet Crematory Granted 2 02/27/01 Conditional Use Permit for motor vehicle repairs Granted 3 05/23/00 Street Closure Withdrawn 4 04/09/98 Conditional Rezoning from A-12 & 0-2 to R-5S Granted 5 01/13/98 Conditional Use Permit for furniture showroom & truck rentals Granted 6 12/03/96 Street Closure Granted 7 06/25/96 Conditional Rezoning from 0-1 to R-7.5 Conditional Use Permit for a Crematory Granted 8 04/09/96 Conditional Use Permit for mini -storage Granted MIRACLE TEMPLE WORSHIP CENTER Agenda Item # 4_ Page 5 Public Agency Comments Public Works Master Transportation Bonney Road is a four lane undivided Minor Arterial in the vicinity Plan MTP : of this area. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Level of Existing Land Use — Service "C" - 66 ADT weekday Bonney Road 17,924 ADT' 14,800 ADT 14 ADT weekend Level of Proposed Land Use — Service "D" - 55 ADT weekday 22,800 ADT' 62 ADT weekend Water and Sewer: This site is connected to City water and sewer. School I No comments — not applicable. average vauy i nps 2 as defined by commercial 3 as defined by church Public Utilities Public Schools 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. MIRACLE TEMPLE WORSHIP CENTER Agenda Item # 4 Page 6 Fire and Rescue: A certificate of Occupancy shall be obtained from the "Building Official" prior to occupancy. To be occupied as a place of assembly additional building code requirements must be met in regards to fire protection, tenant separation and the means of egress. Fire code permits may be required at time of occupancy, contact the fire department for permit information. MIRACLE TEMPLE WORSHIP CENTER Agenda Item # 4 Page 7 Exhibits Exhibit A Aerial of Site Location MIRACLE TEMPLE WORSHIP CENTER Agenda Item # 4 Page 8 't4 r' ® Ad i MIRACLE TEMPLE WO Exhibit B Proposed Site Plan IIP CENTER nda Item # 4 Page 9 MIRACLE TEMPLE WO Exhibit C Exterior Photograph Of Proposed Space CENTER i Item # 4 Page 10 Exhibit D Exterior Photograph Of Proposed Space MIRACLE TEMPLE WORSHIP CENTER Agenda Item # 4 Page 11 lit g 71 lit 6 9 Elf; 110 Eli i for HMO T Ell! wUZI- + ; 119 : 1 i 1 E T g 2 a:!.; NUM7 1 lift It 1114 1110 , ZMENIMs Jc < wa W9 f got lit X A L! d Hit" "-- YA silo MIRACLE TEMPLE WO Exhibit E Disclosure Statement SHIP CENTER ,genda Item # 4 Page 12 Item #4 Miracle Temple Worship Center, Inc. Conditional Use Permit 3900 Bonney Road District 5 Lynnhaven December 8, 2004 REGULAR Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I want to remind everyone that we need to adhere to the rules and procedures that were explained to you at the start of the meeting. Please be aware of what other speakers before you have said. W e must insist that redundancy is limited. Please do not be offended if I stop your presentation for being repetitive. I certainly do not want to limit anyone's rights, however, we have to cover a lot of information and we must stick toward procedures. Thank you. I'll ask Mr. Strange, our secretary to please call the first item. Joseph Strange: Thank you Dot. The first item is Item #4, Miracle Temple Worship Center, Inc. An Ordinance upon Application of Miracle Temple Worship Center, Inc. for a Conditional Use Permit for a church on property located at 3900 Bonney Road with four conditions. Dorothy Wood: Is there anyone here representing the Miracle Temple Worship Center, Inc.? Welcome. Lawrence Samuel: Thank you. My name is Lawrence Samuel. I am the agent representing Miracle Temple Worship Center. We are requesting a Use Permit to have a church in this particular facility. We do believe that it is going to add to the community there, as a church that will provide services for the families that are across from the building. Basically, we are making sure that the hours don't conflict with the hours of the residents that are already there. We are going to see to it that we work in conjunction with those that are there. We do agree to abide by the conditions that were outlined by the staff. Dorothy Wood: Would you please answer questions from various members? Lawrence Samuel: Yes. Dorothy Wood: Does anyone have a question? Eugene Crabtree: Yes. I understand that this is just a church and it doesn't involve the school. Lawrence Samuel: That is correct. Item #4 Miracle Temple Worship Center, Inc. Page 2 Eugene Crabtree: That is there already. Lawrence Samuel: That is correct. Eugene Crabtree: But, the church and the school is physically using the same facility. Basically, the parking lot there, you want space for 170 people. That parking lot is not going to hold that many cars. Sunday, when you have your services the bar that is right down the road, the sports bar is going to be open before your church services are over. Your church services are going to be going on when that bar is open. And caddie corner across the street is a go-go bar. Personally, I don't think that this is a good fit. I also do not think that it is a good fit for the children and the school to be there not to have any play area but nothing but a parking lot to walk around in for fresh air. And, I have some misgivings about the location of it and the fact between the church, the school, the sports bar, and a go-go bar across the street all in the same proximately of each other. And, I've been told by some of the store owners in that area that some mornings they have quite a bit of debris to pick up on the establishments that are run at night and it is certainly not appropriate for church or children, so I have a miss feelings on that in general. Is this the only location you have found that you can have your church and your school? Lawrence Samuel: At this point, yes sir. Dorothy Wood: Thank you Mr. Crabtree. Eugene Crabtree: I just want to go on record to say I just don't think it fits even though the school is by right. Dorothy Wood: Thank you. Mr. Miller. Robert Miller: Is Mr. Summs up here to say anything? Fred Summs: My name is Fred Summs, managing partner of the center known as Grand Junction. The church is subleasing within these premises from Victory Center. They do provide for some children during the weekday. Not on weekends is my understanding. The conflict that you feel with the sports bar, as all sports bars they have functions that are related to sport events, which in most cases are Sunday afternoon. They are anticipating to be finished before these events start. And the parking issue should not become an issue overall. The children within the center, there is an area behind and to the west end of the building for children activities. I'm not sure and it is my understanding there have been some activities in front of the building but that is going to be corrected. Dorothy Wood: Thank you sir. Are there any questions for Mr. Summs? Eugene Crabtree: Yes. Item #4 Miracle Temple Worship Center, Inc. Page 3 Dorothy Wood: Mr. Crabtree. Eugene Crabtree: I'm looking at that and I have been down there walking the concrete. The area to the west that you see up against the parking lot is a driveway for people who have a window business. They supply the windows there. They are window construction. Their construction trucks cut through there all the time. The parking lot out front is nothing more than a parking lot. The area out back is blocked off by the building and also by those railroad cars. The only space where there is any grass is between those railroad cars and the railroad. I have physically watched the children walk around the parking lot there. They just walk around it. They don't have any place to play. There is absolutely no area for children to play in that area. Fred Summs: Other than your statement right now, we haven't received any other complaints from anybody or the other businesses at this time but we will take this as a serious statement and address it. Eugene Crabtree: Let me address one other statement. One of the owners told me that when he comes to open up his business in the morning he has to police the parking lot. He doesn't have to but he does it on his own. The items that he picks up from that parking is not conducive for children to be in the area or see whatsoever because it is leftover things that come out of the establishments in their nighttime operations. Fred Summs: I acknowledge that we have some difficulties. I'm not aware of the existing tenant in the restaurant that is causing that problem. I know that we have had some in the past and we taken the steps and removed that tenant. Eugene Crabtree: I know. It has improved. Dorothy Wood: Thank you Mr. Summs. I appreciate it. Fred Summs: Thank you. Dorothy Wood: Are there any other questions for Mr. Summs? Jan. Janice Anderson: Thank you. Mr. Summs, you're the manager of that complex. Do you have any problems with the hours that he is proposing? Fred Summs: No. Janice Anderson: With regard to parking. You know that the other tenants and their type of business? Fred Summs: Yes. Janice Anderson: You don't have any problem with the times that he is has chosen? Item #4 Miracle Temple Worship Center, Inc. Page 4 Fred Summs: Not at all. The businesses that will be opening up are right around the time they will be maybe breaking up. They could benefit from the additional people coming out of the center and maybe shopping within some of the other businesses such as Elephant School or the antique center. And, the model train store. Janice Anderson: Thank you. Dorothy Wood: Thank you. Thank you both for coming. Fred Summs: Thank you. Dorothy Wood: I'm sorry. Mr. Ripley has a question. Who is it for? Ronald Ripley: Either one. The school and the church is there any common ownership between the two entities? Are you subleasing from another entity? Lawrence Samuel: We're subleasing from the school. Ronald Ripley: You're subleasing from the school. What's the name of the school? Fred Summs: It's Victory Innovation Christian Academy. Ronald Ripley: Is that a corporation or something? Lawrence Samuel: I believe it is incorporated. Ronald Ripley: And you're a church leasing. Lawrence Samuel: Yes. Dorothy Wood: Do I hear a motion? Eugene Crabtree: I would vote to deny the application. Dorothy Wood: Do I have a second on that? John Waller: I'll second it. Dorothy Wood: To deny it. I guess we'll vote on that motion. Ronald Ripley: Can we have discussion? Dorothy Wood: Okay. We certainly can. Ronald Ripley: I'm very appreciative what Gene has said and I feel for what he does. Item #4 Miracle Temple Worship Center, Inc. Page 5 However, in this instance the church is I don't believe is the problem as Gene is concerned about as he is with the school. I can appreciate the concern of a school being at this location with the limited outside areas that the children can play. All children have to get exercise. And, they need to be in a same situation. The school is a by -right use. So, we really have a technical issue here in my mind. We have a by -right use there that you may not agree with and I'm not too crazy about it but it's there and it's by right. They have every right to be there because of that. The second is the conditional use of the church is going to use it on a very limited basis it looks like. There are a number of churches in these type of settings all throughout the City and so I'm incline to approve the application even though there is a mixture here of uses. I would be inclined to approve in favor of the application because of that. Not that I don't disagree with what you said because I understand what you said. Eugene Crabtree: Just one clarification was that if he was leasing the property from the property owner direct and not from the school but by leasing it from the school which I don't think should be there and that is why I would deny the application. Dorothy Wood: Thank you. Is there any other discussion before we vote on this? Mr. . Strange and then Ms. Anderson. Joseph Strange: I'm only going to echo what Ron has said. If the application was entirely opposite, if there was a church there and there was a school applying for it, I would be voting against the application because of the same grievance the Gene had said but that is not what were voting on here. We're voting on a situation where this is a church and this is Sunday and they're having church service there. I don't have a problem with that. Dorothy Wood: Thank you. Ms. Anderson. Janice Anderson: I'm just going to support both those statements that have been made. I don't believe a church and its use is going to interfere with the existing building and they have stated there won't be any conflict with the other businesses that are located there. With regard to a church, I really don't have any problem with the church being located near a bar because maybe they'll go to the church and not the bar. So, I don't think that's a bad place to put a church is where a bar is. That is okay with me. Dorothy Wood: Thank you. We have a motion on the floor to deny. Let's vote on that please. Robert Miller: I'd like to make a substitute motion that we approve the application. Dorothy Wood: Do we have to vote on the first one first? Bill Macali: No ma'am. You really have to vote on the substitute motion if it gets a second. Item #4 Miracle Temple Worship Center, Inc. Page 6 Dorothy Wood: So, we have a substitute motion by Mr. Miller and would state that you approve it? Robert Miller: That we approve the application. Dorothy Wood: And a second by Mr. Ripley. AYE 9 NAY 2 ABS 0 ANDERSON AYE CRABTREE NAY DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER NAY WOOD AYE ABSENT 0 Ed Weeden: By a vote of 9-2, the application of Miracle Temple Worship Center has been approved by the Board. Dorothy Wood: Thank you. fJ"G123tA�BpAn G k:: Ci iD ( �t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Newtown Square Associates, L.L.C. — Conditional Use Permit (mini - warehouses) MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of Newtown Square Associates, L.L.C. for a Conditional Use Permit for mini -warehouses on property located at 544 Newtown Road (GPIN 14683033400000 — part of). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant wishes to convert a portion of an existing, stressed shopping center into a fully enclosed, three (3) story mini -warehouse facility, in two (2) phases. The current building is a two (2) story building; so, the applicant will be adding an additional floor for solely the Phase 1 portion of the project. This proposal will occupy a large portion of the shopping center (formerly occupied by a grocery store) that has been "void of life" for quite some time. The conditions recommended below will ensure that this redevelopment project will be constructed in an acceptable manner and provide a higher level of predictability in terms of both the proposed aesthetics and the proposed use than a "by right" proposal would not require. The applicant's architect has diligently worked with Staff to create new facades that will be an improvement aesthetically for the apartment dwellers to the east, as they are currently viewing the unattractive rear of a shopping center, as well as appealing facades for those traveling along both Baker and Newtown Roads. There is an existing, dense landscape buffer that will remain intact that will continue to aid in screening this property. The applicant is taking advantage of the existing loading dock and providing covered entries for both customer loading and office business. The proposal accomplishes the following: creates landscape islands within a parking lot currently without any interior parking lot landscaping, provides streetscape landscaping along Baker Road, establishes foundation landscaping along the northern fagade above and beyond the minimum requirements of the Zoning Ordinance, and enhances and upgrades the aesthetics of a deteriorating shopping center. The Comprehensive Plan's policies for the Primary Residential Area in this portion of the Bayside Planning Area generally support this request as nonresidential uses are permitted provided that commercial uses are in harmony Newtown Square Associates, L.L.C. Page 2of3 with the concept of providing an attractive, safe, and well -maintained physical environment and are supportive of the surrounding residents. The Plan recognizes that limited commercial may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility. This proposal is also consistent with the recommendations of the Comprehensive Plan regarding redevelopment of distressed commercial properties. Planning Commission placed this item on the consent agenda because it provides an effective redevelopment of an existing structure, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The property shall be redeveloped, in terms of both site layout and landscaping, as depicted on the conceptual plan entitled, "Newtown Square Associates Self Storage," prepared by M & M Architects, dated September 1, 2004, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. When the proposed buildings are constructed, they shall be in substantial conformance with the elevations entitled, "Newtown Square Associates Self Storage Elevations 1,2, & 3," prepared by Martin & Martin Architects, dated November 16, 2004, which have been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. All exterior lighting shall be low intensity and residential in character. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 5. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 6. There shall be no exterior (outside) storage of any kind on the property, including, but not limited to, recreational vehicles, motorcycles, boats, rental trucks and vehicles of any type. Newtown Square Associates, L.L.C. Page 3 of 3 7. The eastern fagade of the shopping center beyond Phase I or Phase II, shall be painted with a color complimentary to the color palette depicted on the elevations identified in Condition # 2 above. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. �L - psi'£, w N EWTOWN SQUARE ASSOCIATES, . L.L.C. Agenda Item # 18 December 8, 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 REQUEST: Conditional Use Permit for mini warehouse facility. LOCATION: Property located on 544 Newtown Road. Map c b_ Newtown Square Associates LLC ap hot C ; LAKE 41 A W�v Si3C. Pr' _�u� % �'0 C,n sW-1 Z,,i nee MM P.o/r,n CUP for Mini Storag&W—h—u GPIN: 14683033400000 COUNCIL ELECTION DISTRICT: 2 — KEMPSVILLE NEWTOWN SQUARE ASSOCIATES Agenda Item #_18 Page 1 SITE SIZE: 8.599 acres EXISTING There is an existing, older shopping center on the property. The LAND USE: portion of the shopping center where the applicant proposes to operate the mini -warehouse facility has been vacant for some time. SURROUNDING North: • Baker Road / 1-1 Industrial District LAND USE AND . Retail, apartments / B-2 Community Business ZONING: South: District, A-18 Apartment District East: • Apartments / A-18 Apartment District West: • Newtown Road / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed; however, there are CULTURAL no significant environmental features on the property as it is almost FEATURES: entirely impervious. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of •it .+ The applicant wishes to convert a portion of an existing, stressed shopping center into a fully enclosed, three (3) story mini -warehouse facility, in two (2) phases. The current building is a two (2) story building; so, the applicant will be adding an additional floor for solely the Phase 1 portion of the project. Details regarding the project are provided with the site plan and building elevations at the end of this report. NEWTOWN SQUARE ASS Agenda ATES i #,1 g age 2 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. • Compatibility with surrounding land uses. • Proposed architectural design and overall improvements to the shopping center. • Consistency with the Comprehensive Plan. x � c �riliii Comprehensive Plan The Comprehensive Plan recognizes this parcel as being within the Primary Residential Area. The Plan's 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, this means that the established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. The Plan states on page 91 that, "Limited commercial or industrial activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 3 KL Staff Evaluation 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) Throughout the City, similar self -storage facilities have been approved on properties adjacent to medium to high density apartment districts, provided that specific safeguards were in place. The architectural upgrades proposed with this project will update the shopping center and improve the aesthetics for the residents of the apartment complex to the east. Currently, these residents are adjacent to the rear of an unattractive structure (the shopping center). As this use is a low traffic generator, it could be viewed as even more desirable adjacent to the townhouses than a busy retail operation. (2) This proposal will occupy a large portion of the shopping center (formerly occupied by a grocery store) that has been "void of life" for quite some time. The conditions recommended below will ensure that this redevelopment project will be constructed in an acceptable manner and provide a level of predictability in terms of both the proposed aesthetics and the proposed use that a "by right" proposal would not require. The applicant's architect has worked diligently with Staff to create new facades that will be an improvement aesthetically for the apartment dwellers to the east, as they are currently viewing the unattractive rear of a shopping center, as well as appealing facades for those traveling along both Baker and Newtown Roads. There is an existing, dense landscape buffer that will remain intact that will continue to aid in screening this property. The applicant is taking advantage of the existing loading dock and providing covered entries for both customer loading and office business. The proposal accomplishes the following: creates landscape islands within a parking lot currently without any interior parking lot landscaping, provides streetscape landscaping along Baker Road, establishes foundation landscaping along the northern facade above and beyond the minimum requirements of the Zoning Ordinance, and enhances and upgrades the aesthetics of a deteriorating shopping center. (3) The Comprehensive Plan's policies for the Primary Residential Area in this portion of the Bayside Planning Area generally support this request as NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 4 nonresidential uses are permitted provided that commercial uses are in harmony with the concept of providing an attractive, safe, and well -maintained physical environment and are supportive of the surrounding residents. The Plan recognizes that limited commercial may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions The property shall be redeveloped, in terms of both site layout and landscaping, as depicted on the conceptual plan entitled, "Newtown Square Associates Self Storage," prepared by M & M Architects, dated September 1, 2004, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. When the proposed buildings are constructed, they shall be in substantial conformance with the elevations entitled, "Newtown Square Associates Self Storage Elevations 1,2, & 3," prepared by Martin & Martin Architects, dated November 16, 2004, which have been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. All exterior lighting shall be low intensity and residential in character. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 5. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 6. There shall be no exterior (outside) storage of any kind on the property, including, but not limited to, recreational vehicles, motorcycles, boats, rental trucks and vehicles of any type. NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 5 7. The eastern fagade, not part of Phase I or Phase II, shall be painted with a color complimentary to the color palette depicted on the elevations identified in condition # 2 above. 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. NEWTOWN SQUARE ASSOCIATES Agenda Item # ;18 Page 6 Supplemental In ormatiollr Zoning History Map No"t to Scale IfewtoWn S ■ [#]=Conditional Zonin#Recorded Proffer, CUP for Mini Storage/Warehouse # I DATE IREQUEST ACTION 1 07/13/04 Conditional Use Permit (church with child care) Granted 05/13/03 Conditional Use Permit (church) Granted 01/14/92 Conditional Use Permit (recreational facility) Granted 01/28/92 Conditional Use Permit (recreational facility) Granted 2 04/22/03 Conditional Use Permit (car wash) Granted 3 02/27/01 Conditional Use Permit (mini warehouse) Granted 4 02/01 Conditional Use Permit (motor vehicle rentals) Granted 01/08/90 Conditional Use Permit (auto sales) Granted 5 01/27/98 Conditional Use Permit (church) Granted 6 02/29/96 Conditional Use Permit (communication tower) Granted NEWTOWN SQUARE ASSOCIATES Agenda Item # 1.8 Page 7 Public Agency Comments Public Works Master Transportation Plan (MTP): Newtown Road in the vicinity of this application is considered a four (4) lane suburban arterial. It is designated on the MTP as a 120' R/W divided facility with bikeway. There are no current CIP projects to upgrade this roadway at this time. Baker Road in the vicinity of this application is considered a two (2) lane suburban arterial. It is designated on the MTP as a 70' R/W undivided facili Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic 39,000 28,200 — Existing Land Use Newtown Road ADT' 32,800 ADT' — 2,401 ADT Baker Road 1 1 13,000 ' ADT - Pro osed Land ADT ADT 16,200 Use 241 ADT 'Average Daily Trips Y as defined by general retail use 3 as defined by mini warehouse Public Utilities Water: There is an eight (8) inch water main in Baker Road and a six (6) inch water main within a public utility easement on the site. his site is already connected to City water. Sewer: There is an eight (8) inch sanitary sewer main in Baker Road and an eight (8) inch sanitary sewer main within a public utility easement on the site. This site must connect to City sanitary sewer. Construction tans, bonds and a pump station analysis may be required. Public Safety NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 8 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 Adequate — no additional comments. NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 9 3J Exhibits Exhibit A - 1 Aerial of Site Location NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 10 Exhibit A - 2 Aerial of Site Location NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 11 Exhibit A - 3 Aerial of Site Location Exhibit B Proposed Site Plan z, r F � � 0t : z "4 5' 9 t NEWTOWN SQUARE ASSOCIATES Agenda Item #_18 Page 13 Exhibit C - 1 Proposed Building Elevation (view from Baker Road) NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 14 Exhibit C - 2 Proposed Building Elevation (view from rear [eastern] property line) NEWTOWN SQUARE ASSOCIATES Agenda Item #,1-8 Page 15 in S s n 5�.' Ga A � � F � Y kPll .,,... [ T N uu r. Exhibit D Disclosure Statement NEWTOWN SQUARE ASSOCIATES Agenda Item # 18 Page 16 Item #18 Newtown Square Associates, L.L.C. Conditional Use Permit 544 Newtown Road District 2 Kempsville December 8, 2004 CONSENT William Din: The next item is Item #18, Newtown Square Associates, L.L.C. This is an application for a Conditional Use Permit for mini -warehouses on property located at 544 Newtown Road in the Kempsville District. There are 6 conditions. Paul Martin: Good Afternoon Madame Chairman, Mr. Din and other members of the Commission. My name is Paul Martin. I represent Martin & Martin Architecture and I'm the representative for Newtown Square Associates. It is also represented in the audience by Mr. Val Hoffinan. We have read and accept the conditions for our application. William Din: Thank you Mr. Martin. Is there any opposition to placing this on consent? Thank you. If not, Mr. Ripley, will you please discuss this issue? Ronald Ripley: Well this is in the same area as the application I just spoke about. It's a shopping center that was originally anchored with a Food Lion. The Food Lion moved and this store has been vacant for quite some time. They had a number of vacancy issues for this particular center. The adapted use that is being proposed is a very good use of this property by converting the store and changing the entrance to a mini storage, if you will, a warehouse facility that basically redirects the total flow of traffic generally to the rear of the property now. So what the applicant is doing is making major improvements in the rear of the shopping center. One of the things that we asked you to do and they agreed to it and we're very appreciative of that and that is continue to paint out the balance of the rear of the shopping center so there is a better transition between the shopping center and the neighborhood located to the rear of the property. Once again, I think the applicant should be commended for bringing this type of use and changing the property from this particular use and it is going to make an improvement to the neighborhood. We're recommending approval. William Din: Thank you Ron. I would like to make a motion to approve the following consent item, Item 918 Newtown Square Associates, L.L.C. This is a Conditional Use Permit for mini -warehouses on property located at 544 Newtown Road and it has got six conditions associated with this item. Dorothy Wood: Thank you Mr. Din. Do I hear a second? Donald Horsley: Second. Item #18 Newtown Square Associates, L.L.C. Page 2 Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the agenda item has been approved for consent. II Ili v D d .... n., r., a T y@ ; .. � ti. ., ...c F S i � 3 � s x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Audrey and Ronald Bellan — Conditional Use Permit (boarding of horses) MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of Audrey and Ronald Bellan for a Conditional Use Permit for boarding of horses on property located at 3728 Bridle Path Lane (GPIN 14839219960000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant proposes to have horse boarding on the site in an existing fourteen (14) stall stable. The stables will be open seven days a week for the boarders. There will be no more than fourteen horses boarding. The applicant and her husband will manage the facility. The site is already configured for horses, as this lot is part of a residential subdivision specifically developed for the keeping and riding of horses. Section 241 of the City Zoning Ordinance, which provides the `specific standards' for this type of use permit, restricts the use to no "more than three (3) riding animals for each acre of land within the site." The area of the site available to the horses, exclusive of the area for the residential dwelling, the barn, and the pond, is 5 acres. The limitation on the number of horses for this site, therefore, is 15. The applicant is requesting 14. The Comprehensive Plan identifies this area as part of the Rural Area and recommends land uses that are compatible with agriculture and the rural community as being appropriate. Land use planning policies and principles for the Rural Area focus on preserving agriculture. This use permit request, therefore, is in keeping with the goals of the Plan. The Planning Commission placed this item on the consent agenda because it is an appropriate use for the site, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Audrey and Ronald Bellan Page 2 of 2 1. No more than 14 horses shall be kept on the property at any time. 2. The applicant shall consult with the City of Virginia Beach Department of Agriculture regarding programs that may be of benefit to horse boarding operations through the Natural Resources Conservation Service, Virginia Dare Soil and Water Conservation District, and the Agricultural Stewardship Act. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ( City Manager: S `� `�ty AUDREY BELLAN Agenda Item # 3 December 8, 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 regarding this application. Location and General Information REQUEST: Conditional Use Permit for horses for boarding. LOCATION: Property located at 3728 Bridle Path Lane. Mat,.- 14 nog, �4 AudreyBellan Ar-z AG1I l" � 1 AG�:�. i d AG I i i S �y AG-1 AG-i GPIN: 14839219960000 COUNCIL ELECTION DISTRICT: 7 — PRINCESS ANNE SITE SIZE: 7.287 acres AUDREY BELLAN Agenda Item # 3 Page 1 EXISTING There is an existing single-family dwelling with a stable on the site. LAND USE: The property is zoned AG-2 Agricultural District. SURROUNDING North: • Rural Residential / AG-2 Agricultural District LAND USE AND South: • Rural Residential / AG-2 Agricultural District ZONING: East: • Agricultural fields / AG-1 Agricultural District West: • Rural Residential / AG-2 Agricultural District NATURAL RESOURCE AND The site has mature trees at the southern and eastern perimeter CULTURAL boundaries of the property. There are no significant cultural features FEATURES: on the site. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NALF Fentress. Summary Of �roposa 1 The applicant proposes to have horse boarding on the site in an existing fourteen (14) stall stable. The stables will be open seven days a week for the boarders. There will be no more than fourteen horses boarding. The applicant and her husband will manage the horse boarding. The site is already configured for horses, as this lot is part of a residential subdivision specifically developed for the keeping and riding of horses. Section 241 of the City Zoning Ordinance, which provides the `specific standards' for this type of use permit, restricts the use to no "more than three (3) riding animals for each acre of land within the site." The area of the site available to the horses, exclusive of the area for the residential dwelling, the barn, and the pond, is 5 acres. The limitation on the number of horses for this site, therefore, is 15. The applicant is requesting 14. JDREY Agenda BELLAN Item # 3 PanA.7 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. • Consistency with the recommendations of the Comprehensive Plan. • Compatibility of the proposed use with the surrounding uses. Comprehensive Plan The Comprehensive Plan identifies this area as part of the Rural Area and recognizes land uses that would be compatible with agriculture and the rural community as being appropriate. Land use planning policies and principles for the Rural Area focus on preserving agriculture. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low and maintaining the rural community, the vision for our rural landscape is important." (Pg. 161) Staff Evaluation Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposed plan is consistent with the recommendations of the Comprehensive Plan for the Rural Area. The requested use is compatible with the surrounding uses. Staff, therefore, recommends approval of this request with the following conditions. AUDREY BELLAN Agenda Item # 3 Page 3 Conditions 1. No more than 14 horses shall be kept on the property at any time. 2. The applicant shall consult with the City of Virginia Beach Department of Agriculture regarding programs that may be of benefit to horse boarding operations through the Natural Resources Conservation Service, Virginia Dare Soil and Water Conservation District, and the Agricultural Stewardship Act. 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. I_1 DREY BELLAN agenda Item # 3 Page 4 F Supplemental Information' - Zoning History A Y ri 71 Map Not to Scale AG-2 Q AG-2 CO AG I O`� / 0 U f •,� ��J 7 AG-2 s \, AG-1 AG-1 i Al > CUP - Ridin ; lcadernics 1 Ernes (or P lire or Ho;i Q3, ='i /Hl"l # DATE IREQUEST ACTION 1 12/05/00 Subdivision variance Granted 2 06/22/93 Modification to land use plan Granted 3 01/26/93 Conditional Use Permit for an outdoor recreation facility Withdrawn AUDREY BELLAN Agenda Item # 3 Page 5 Public Agency Comments Public Works Master Transportation Bridle Path Lane is a rural residential cul-de-sac off of Plan (MTP): Indian River Road. Indian River Road in the vicinity of this application is a two lane collector. The MTP shows future improvements to this section of Indian River Road on a 100 foot right- of-way. Traffic Calculations: I There are no data available for horse boarding. Public Utilities Water and The applicant must apply to the Virginia Beach Department of Public Sewer: Health for approval of any sewage disposal system and water supply. Agriculture Agriculture: There are programs that may be of benefit to horse boarding operations through the Natural Resources Conservation Service, Virginia Dare Soil and Water Conservation District, and the Agricultural Stewardship Act. Horse boarding produces waste products that can create detrimental effects to a site if not managed ro School: I No comments - not applicable Public Schools Public Safety AUDREY BELLAN Agenda Item #-3 Page 6 Police: I No Police Department concerns with this CUP. Fire and Rescue: I No Fire Department concerns with this CUP. AUDREY BELLAN Agenda Item # 3 Page 7 Exhibits Exhibit A Aerial of Site Location AUDREY BELLAN Agenda Item #-3- Paae 8 WZY/ Mv fi RIVER ROAD (70') Exhibit 8 Proposed Site Plan JDREY BELLAN Agenda Item # 3 Page 9 Exhibit C Site Photograph AUDREY BEL Agenda Iter Pac i # 3 e10 Exhibit D Disclosure Statement 41 w 4 eawp 'S wo 10 z INEE; '1�7 tw ti "sMy € ."'t�-cp', to tl G .t:� �' �SIV f:_ mE r. 2 a- rs cc � s' v C. N^ � AUDREY BELLAN Agenda Item # 3 Page 11 Item #3 Audrey and Ronald Bellan Conditional Use Permit 3728 Bridle Path Lane District 7 Princess Anne December 8, 2004 CONSENT William Din: The next item is Item #3. This is an application of Audrey and Ronald Bellan for a Conditional Use Permit for boarding horses on property located at 3728 Bridle Path Lane in the Princess Anne District. There are two conditions associated with this item. Ronald Bellan: Ron Bellan. That is my wife Audrey Bellan. We've read the conditions and agree with the conditions. William Din: Thank you. Is there any opposition to placing this on consent? There are none. I'll ask Barry Knight to talk about this item. Barry Knight: The applicant proposes to have horse boarding on the site for an existing 14 stalls stable. The stables will be open 7 days a week for boarders. There will be no more than 14 horses boarded. The applicant and her husband will manage the horse boarding. It is already suitable for horses. It is in a subdivision specifically set up for horses. We think it is a nice mix between the rural areas. It's kind of right beside the Transition Area. Therefore, it's a good use for this land. We put you all on the consent agenda. William Din: Thank you. Thanks for coming down. Ronald Bellan: Thank you. William Din: I would like to make a motion to approve the following consent item, Item #3 Audrey and Ronald Bellan. This is an application for a Conditional Use Permit for boarding of horses. This is on property located at 3728 Bridle Path Lane in the Princess Anne District with two conditions. Dorothy Wood: Thank you Mr. Din. Do I hear a second? Donald Horsley: Second. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #3 Audrey and Ronald Bellan Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the agenda item has been approved for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mary Spady — Change of Zoning District Classification MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of Mary Spady for a Change of Zoning District Classification from R-10 Residential District to Conditional 0-1 Office District on property located at 844 Kempsville Road (GPIN 14666453560000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 2 — KEMPSVILLE This item was deferred November 23, 2004. ■ Considerations: The applicant proposes to rezone the site from R-10 Residential to Conditional 0-1 Office and convert the single-family dwelling into a real estate office. The applicant is proffering a site plan that depicts the existing building, six parking spaces and landscaping. A single entrance to the site from Lobaugh Drive is also shown. Hours of operation, site lighting and signage are also proffered. The request is not consistent with the Comprehensive Plan recommendations for the area. It is Staff's conclusion that good architectural and site designs are not acceptable substitutes for good land use planning. The focus must be on applying sound land use planning practices first, and then addressing design considerations. Essentially this is the same request that was denied by the City Council in both 1992 and 1993. As evidenced by the zoning history map in the attached staff report, nothing has changed in the immediate area since those denials. The area, particularly on the east side of Kempsville Road, is a stable residential neighborhood with compatible public uses. Circumstances have not substantially changed since the past denials of this application. The proposed use is not compatible with the stable residential area adjacent to the site. The activity and overall character of the proposed use will contribute to strip non-residential development and will encourage future rezonings introducing additional incompatible uses in this established neighborhood. There was opposition to the request. Mary Spady Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 6 to 4 with 1 abstention to deny this request. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: Planning Department P City Manager: J L �"Nor, '�MygMARY S PADY R Y Agenda Item # 3 October 13, 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. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: 'fir Location and General Information Change of Zoning District Classification from R-10 Residential District to Conditional 0-1 Office District Property located at 844 Kempsville Road 14666453560000 Mar n-H Mary Sad Ma No. to Scote o Q P-I DISTRICT 2 — KEMPSVILLE MARY SPADY Agenda Item # 3 Page 1 SITE SIZE: 32,625 square feet EXISTING LAND USE: A single-family dwelling occupies the site. SURROUNDING . Lobaugh Drive LAND USE AND . The Kempsville Library and Police Precinct / P-1 ZONING: North: Preservation District Bellamy Manor Drive South: • Single-family dwellings / R-10 Residential District Kempsville Road East: • Fairfield Shopping Center / B-2 Business District West: • Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND A single-family dwelling and mature landscaping occupy the site. CULTURAL There are no natural resources or cultural features associated with FEATURES: the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal The applicant proposes to rezone the site from R-10 Residential to Conditional 0-1 Office and convert the single-family dwelling into a real estate office. The applicant is proffering a site plan that depicts the existing building, six parking spaces and landscaping. A single entrance to the site from Lobaugh Drive is also shown. The applicant is proffering the use of the site as professional offices. Hours of operation, site lighting and signage are also proffered. MARY SPADY Agenda Item # 3 Page 2 Baer 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. Consistency with the Comprehensive Plan recommendations for the area. Compatibility with the surrounding land uses. Comprehensive Plan The Comprehensive Plan recognizes this site to be within the Primary Residential Area. For properties within Primary Residential Areas, the Plan emphasizes the need to preserve and protect the overall character, economic value and aesthetic quality of the stable neighborhoods, particularly through the avoidance of introducing incompatible uses. Established residential neighborhoods shall be protected against invasive land uses that, due to their activity, intensity, size, hours of operation or other factors, would tend to destabilize them. 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. MARY SPADY Agenda Item #-3 Page 3 PROFFER # 1 Prior to converting the use to a professional office, the Property shall be improved substantially as shown on the exhibit entitled "CONCEPT SITE LAYOUT & LANDSCAPE PLAN OF MARY SPADY REALTY 844 Kempsville Rd., Virginia Beach, Virginia", dated June 30, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). PROFFER # 2 Grantor shall install and maintain trees, landscaping and fencing on the Property substantially as shown on the Concept Plan. PROFFER # 3 The uses permitted on the Property shall be limited to professional offices, including but not limited to real estate, insurance, legal, engineering, medical, dental, architectural and accounting. PROFFER # 4 Grantor shall utilize the existing structure. Any exterior building renovations shall be of the same or higher quality building materials as the materials used on the existing structure. In the event of involuntary destruction of the existing structure, any reconstruction thereof shall substantially conform to the Concept Plan and appearance of the structure as it existed immediately prior to such an involuntary destruction. PROFFER # 5 The freestanding monument style sign depicted on the Concept Plan shall have a brick base matching the existing building, shall be no greater than six feet (6) in height and shall be internally illuminated. PROFFER # 6 Any lighting installed within the driveway or parking area on the Property shall be "ground level lighting" and shall not exceed a height of thirty-six inches (36"). The lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER # 7 No commercial trash containers shall be utilized on the Property and only non-metallic trash containers, similar to those provided by the City of Virginia Beach for residential neighborhoods, shall be used on the Property. All such MARY SPADY Agenda Item # 3 Page 4 trash containers shall be stored immediately adjacent to the office building. PROFFER # 8 The business operation on the Property shall not be open to the general public beyond 9:00 AM to 8:00 PM, Monday through Saturday and Noon to 6:00 PM on Sunday. Nothing contained herein shall preclude the owners or employees thereof from working within the building beyond these prescribed time periods. PROFFER # 9 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 adequate. The agreement will insure that Proffers: the use of the site is limited to low intensity office uses, that the hours of operation are defined, and that the general appearance of the site remains residential in nature. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated June 30, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends denial of this request. Staff's 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 (1) The request is not consistent with the Comprehensive Plan recommendations for the area. It is Staffs conclusion that good architectural and site designs are not acceptable substitutes for good land use planning. The focus must be on MARY SPADY Agenda Item # 3 Page 5 applying sound land use planning practices first, and then addressing design considerations. Essentially this is the same request that was denied by the City Council in both 1992 and 1993. As evidenced by the zoning history map, nothing has changed in the immediate area since those denials. The area, particularly on the east side of Kempsville Road, is a stable residential neighborhood with compatible public uses. Circumstances have not substantially changed since the past denials of this application. (2) The proposed use is not compatible with the stable residential area adjacent to the site. The activity and overall character of the proposed use would contribute to stripnon-residential development and would encourage future rezonings introducing additional incompatible uses in this established neighborhood. 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 City Codes. MARY SPADY Agenda Item # 3 Page 6 N/ M. .onditionat Zoning Change from R-10 to 0-1 Supplemental Information .......... Zoning History Mary S # I DATE REQUEST ACTION 1. 9-28-93 Rezoning (R-10 Residential to 0-1 Office) Denied 5-26-92 Rezoning (R-10 Residential to 0-1 Office) Denied 11-24- Rezoning (R-5 Residential to 0-1 Office) Denied 86 Public Agency Comments MARY SPADY Agenda Item # 3 Page 7 Public Works Master Transportation Kempsville Road in front of this request is a four lane Plan (MTP): divided minor urban arterial as designated on the Master Transportation Plan (MTP). The City Master Transportation Plan Map indicates that this segment of Kempsville Road will be upgraded to a 150 foot wide divided roadway with a bikeway in the future. Dedication of right-of-way sufficient to accommodate the future roadway expansion may be required during detailed site plan review. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 33,520 27,400 - 15 Kempsville Road ADT' ADT' Proposed Land Use 3 - 26 Average Daily Trips Y as defined by a single-family dwelling 3 as defined by an office use Public Utilities Water: There is a 6-inch water main in Lobaugh Drive, a 6-inch water main in Bellamy Manor Drive and a 16-inch water main in Kempsville Road along this site. The site must connect to City water. Sewer: Eight -inch sanitary sewer mains exist in both Lobaugh Drive and Bellamy Manor Drive fronting this site. The site must connect to City sewer. Sanitary sewer pump station analysis for Pump Station 421 is required to determine if proposed flows can be accommodated. 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. MARY SPADY Agenda Item # 3 Page 8 Fire and Rescue: No fire department concerns with this Conditional Rezoning request. MARY SPADY Agenda Item # 3 Page 9 " j Exhibits Exhibit A Aerial of Site Location MARY SPADY Agenda Item # 3 Page 10 �u IR VU hO 1\ �C r" v 4 W {{ fis Sp r� G- E oNy vie 4Q 4� aax e .y w IRE", � C 4' rb pt`. f 45C `l� a 1s :.L 91 +V •fl tax w J I Il ' 3<S r rttilr in u Exhibit B Proposed Site Plan MARY S Agenda ItE N ADY i # -3 e11 Exhibit C Proposed Building Elevation MARY SPADY Agenda Item # 3 Page 12 Exhibit D Disclosure Statement 1 S E MARY SPADY Agenda Item # 3 Page 13 Item #3 Mary Spady Change of Zoning District Classification from R-10 Residential District to Conditional 0-1 Office District 844 Kempsville Road District 7 Princess Anne October 13, 2004 REGULAR Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I want to remind everyone that we need adhere to the rules and procedures that were explained to you at the start of the meeting. Please be aware of what other speakers before you have said and please do not be offended if I stop your presentation for being repetitive. I certainly don't want to limit anyone's rights however we have a lot to cover today and we must stick to our procedures. Thank you. I'll turn it over to Mr. Strange, our Secretary. If the people in the back would like to spread out a little bit, you look like your pretty crowded. We have plenty of room now. Joseph Strange: Thank you Madame Chairperson. The first item on the agenda is Item #3 Mary Spady. An Ordinance upon Application by Mary Spady for a Change of Zoning District Classification from R-10 Residential District to Conditional 0-1 Office District on property located at 844 Kempsville Road, District 2, Kempsville. Eddie Bourdon: Good afternoon Madame Chair, Mr. Secretary and members of the Commission. For the record, my name is Eddie Bourdon, I'm a Virginia Beach land use attorney and it's my pleasure to come before you this afternoon representing this application which is one that involves a request for a conditional rezoning to 0-1 Office Use District with very strict proffers on a parcel of land containing 32,625 square feet with 250 feet of road frontage on Kempsville Road. A major arterial highway just down the street from its intersection with Providence Road between that and its intersection with Princess Anne Road where we're about to build a very significant flyover. A road that in the Master Transportation Plan that is slated to be a 150-foot highway. It is already over 100 feet and it is already a four lane road. This piece of property is located adjoined just across the street from and on the same side as the police station and library and commercial parking lot for those public facilities, which is of the same nature as a commercial parking lot. The property is also directly across from Kempsville Road from the Fairfield Shopping Center, a very large commercial enterprise with a number of out parcels including fast food restaurants. This piece of property has a house that built on this property many, many decades ago, one that has been well maintained. The home faces Kempsville Road. It is set back 30 feet from the property line and over back about 65 feet back from the actual pavement section of Kempsville Road. It is well back from the roadway itself. The house faces Kempsville Road and has been well maintained. It has been owned by the applicant for a number of years and as you all well know this Item #3 Mary Spady Page 2 property has been up for rezoning in the past. This is the first time that I've taken a crack at it, so to speak. But the issue I think is fairly well understood. It is the only house along here that faces Kempsville Road. It is a office zoning that we have requested and I've passed out copies of Section 800 of the Zoning Ordinance and I'll briefly read you what it says about 0-1 Zoning. The 0-1 Office District is intended primarily for office and institutional uses. Obviously, you got an institutional use right next door, which is the library and the police station. Within this district it is intended to provide an environment appropriate to office or institutional character and compatible with residential uses, which may adjoin, compatible with residential uses which may adjoin and where public facilities are available to meet their needs. I believe that is exactly the zoning category that fits the situation that you have before you with this piece of property. Given its location, given the road that it fronts upon, given the structure that exists upon the property and what is around it, I think it is very difficult for any reasonable person to define Kempsville Road in this location as a residential street. It is not a residential street. This application as proffered and I will review the proffers with you. There are a total of 9 proffers, 8 of which are applicable and the 91h is a generic proffer that deals with site plan review. The first is that prior to converting the use of this property to a professional office the property shall be improved substantially as shown on the exhibit entitled "Conceptual Site Layout and Landscape Plan" of Mary Spady Realty at 844 Kempsville Road, Virginia Beach, Virginia dated June 30, 2004, which you have a copy of. There is that plan. With this plan, the house that is there will not change. A driveway will be added to the rear. Landscaping is already significant in place. Fencing already in place. The parking will be added here behind a berm. The house itself is, which will be converted into a real estate office is 80 feet from the nearest home here, which is facing on Lobaugh Drive across from the entrance to the large parking lot that serves the police station. The parking area here behind the berm again, heavy landscaping, is approximately the edge of the parking space closest to this house on Bellamy Manor Drive and is some 70 feet away from that home behind landscaping and fencing. The second proffer indicates that the Grantor will install and maintain trees, landscaping and fencing on the property as shown on the concept plan. The third proffer and we're fencing the entire back property line that you see there landscaped. The third proffer is the uses permitted on the property shall be limited to professional offices including real estate, insurance, legal, engineering, medical, dental, architectural or accounting. This will be a real estate office. The fourth proffer is the Grantor will utilize the existing structure and any exterior renovations in the future shall be at the same or higher quality building materials as the materials used with the existing structure of the house. It looks like a house. It's residential in character. In the event of an involuntary disruption, a fire or some other catastrophe of the existing structure, any reconstruction of that building must conform both with the concept plan, in terms of its location and size and its appearance. It must be as existed prior to the involuntary disruption i.e., house. In other words, you won't be able to build a commercial style office building. To the north of the police station in the next block, there is an office that is a commercial appearing office that's zoned 0-2. There is also an 0-2 Office at the corner of Providence and Kempsville, just to the south, again, a commercial looking structure. This will not be in any point in time with these proffers ever anything other than what Item #3 Mary Spady Page 3 appears to be today. A home not a commercial appearing structure. This lady's business is in the 0-2 property next to the police station and has been for decades. The fifth proffer is a free- standing monument style sign depicted on the concept plan. It will have a brick base to match the house. It will be no greater than six feet in height and will be internally illuminated. The sixth proffer is that the lighting installed along the driveway and the parking area will be ground level lighting no higher than 36 inches off the ground and shielded to deflect any light towards Kempsville Road and not back towards the landscaping and the fencing and the neighborhood. The seventh proffer is that no commercial trash container shall be utilized on the property only non-metallic trash containers similar to those used in residential neighborhoods in the City of Virginia Beach may be used. The eighth proffer is the business operation on the property, which is an office and that is all that it can be, as an office, shall not be opened to the general public beyond 9:00 a.m. to 8:00 p.m. Monday through Saturday. That is office hours are 9:00 a.m. to 8:00 p.m. Monday through Saturday, noon to 6:00 p.m. on Sunday. Nothing contained here shall preclude the owner's or employees from working in the office beyond those hours but no customers will be permitted. The real estate business to those of you who are involved in it may know it has obviously become less office intensive with all of the new technology that we're dealing so there is less time spent in the office for these types of uses. These types of uses exist throughout the City of Virginia Beach and very successfully throughout the City of Virginia Beach. In fact, a gentleman is here today who I had the privilege of representing a number of years again a very similar situation for a house across from the Fire Station #10 on Providence Road that was converted to a business with a very tightly proffered application back in the beginning of conditional zoning when people were not all that comfortable with what it does and what it will do to protect the neighborhood behind it. It was approved. It has been successful. It is now an architect's office. It has caused no problem whatsoever with the neighborhood that abuts it to the rear. We've got situations on Pleasure House Road, Bonney Road, Shore Drive, Princess Anne Road, Virginia Beach Boulevard, and First Colonial Road. I could go on and on of homes on roads at the time they were built were not major arterial highways that have been converted to offices and successfully so. That is clearly is proposed here. This application has been recommended for approval in the past by the Planning Commission and by the Planning staff. The Ed Weeden: Eddie, can you finish up? Eddie Bourdon: I'm about done. In staff's conclusion that good architecture and site design are not acceptable substitutes for good land use planning and in our opinion, we have all of the above that single family residential development on 32,000 square feet fronting Kempsville Road would not be, and is not good land use planning in this location. Dorothy Wood: Thank you Mr. Bourdon. Eddie Bourdon: Thank you all very much. Item #3 Mary Spady Page 4 Dorothy Wood: Are there any questions for Mr. Bourdon? William Din: Eddie? Eddie Bourdon: I'll be happy to answer questions. William Din: I mentioned in the informal meeting that there is a neighborhood monument sign in the corner of Bellamy Manor Drive. Would that be retained in this area? Eddie Bourdon: Absolutely. Our intent and I believe it is in the public right-of-way. Were it on the subject property we have no problem with it being maintained there. The intent here is to keep this property to the greatest degree possible looking exactly like it looks today with additional landscaping and just the provision of better access and a parking area. That sign will not be disturbed in any way by this proposal. There is no access proposed upon Bellamy Manor Drive whatsoever. The only access is on Lobaugh where we already have access to the institutional use to the north that goes beyond us further to the east beyond this property. William Din: Can you describe a little better the landscaping in this parking lot area and to the rest of the residential? Eddie Bourdon: We are proposing here and there is some existing trees. We're also proposing a solid hedgerow of and I'm not sure what we are using. I'm sure it's not Red Tips. I assume it is Crepe Myrtles along the property line where we also have a fence. Here were proposing a berm along with heavy shrubbery. There are some large trees that will be maintained. They will not be coming down that are on the southern portion of the site. This will all remain wooded with the berm being just small berm just to screen any potential view whatsoever of vehicles that will be parked in the parking lot. Again, the parking area is set back such that it is 70 feet from the nearest house. I've got the statistics here. It will be 70 feet from the nearest house. It is 50 feet from the property line and we will agree to do anything that anyone desires with regard to landscaping the parking lot. We think we've done much as anyone can expect to do. It's a small six - space parking lot just for that small office that will be in the house. William Din: What happens to the driveway on Kempsville Road? Eddie Bourdon: The driveway on Kempsville Road goes away. The only access will be on here in the back on Lobaugh Drive, where I believe there is access today. William Din: Are you physically removing the driveway in the front? Eddie Bourdon: I don't believe there is one actually in the front. I don't believe there is any access from Kempsville Road. There is no intention to maintain access on Item #3 Mary Spady Page 5 Kempsville Road. The only access will be Lobaugh in the back. The times I've been by and I've been by a number of times and I didn't notice. There is no one utilizing it. William Din: Thank you. Eddie Bourdon: There would be no access on Kempsville. Dorothy Wood: Ron. Ronald Ripley: Is the vacant lot has that always been vacant or was there a house on there at one time? Do you know? Eddie Bourdon: I do not know that Mr. Ripley. I presumed that at some time there may have been a house on that property. Ronald Ripley: Do you know if the applicant or previous owners have tried to sell that for a residential use or do you know that? Eddie Bourdon: I don't believe that the applicant has tried to sell any of the property for residential use or try to sell it period. Ronald Ripley: Has the applicant owned it a long time? Eddie Bourdon: She has owned for, I believe a minimum of 12 years. She may have owned it longer than that. Dorothy Wood: Kathy. Kathy Katsias: Is there any room in back to put the parking spaces behind the house rather than on Kempsville Road? Eddie Bourdon: We put the parking in the area where it is least potentially intrusive to anyone. If we were to put the parking in this area it would be in closer proximately to the side of this gentleman's house here. So just having the driveway coming in to the parking here places it here. In terms of Kempsville Road you're talking about 60 feet from the pavement, so we try to place it in a manner that would be least objectionable by staying as far away as possible from the homes and being able to buffer them significantly from the homes where as trying to place parking in here would be problematic in terms. Now our pavement is 18 feet from our property line, which is back here and to try to put parking here you have to put pavement closer to the shared property line. We're trying to keep a significant buffer with landscaping and green space from the residential. It is a transitional use given its location on this major arterial highway. Dorothy Wood: Thank Eddie. Are there any other questions? Jan. Item #3 Mary Spady Page 6 Janice Anderson: Thank you. We received, as you know some petitions they don't support the application. Have you had a chance to talk to the neighbors on this? Eddie Bourdon: No. I did not attempt to contact the neighborhood because of the history of this application. I've sat through these hearings and heard the previous applications and they have been recommended for approval by Planning Commission and by staff. From my understanding and from what I've heard it is very obvious that there is a great deal of issues here that go beyond land use. I don't know if there is anything that I can say to the folks involved that was going to change any of that. They know what the proposal is. I believe what everyone clearly recognizes and I don't think there is any going back that Kempsville Road is going to not only be what it is but it is even going to be more of an arterial highway. The idea that there is a better use for this piece of property and that use is residential use, I'm sorry but I think its just come to the point where everyone has to recognize that to protect this community and putting a use like this and maintaining the house the way it is the best protection, the best insulation for that community. I don't know if the City wants to come in and do some parking over here for an addition to their police station or their library but this is a very innocuous use. It's an appropriate use for this property in this location given the circumstances. If the house that was there were facing Lobaugh, it would be a little bit different situation. It is facing Kempsville Road. It's the only out there that faces Kempsville Road, and to try to use it residentially, I think we can all recognize it is not an appropriate use. Now, the City may indicate at some point well we might want to buy some of the property to widen the road. This house is in line with the parking lot in front of the police station and the library. If they are going to widen the road that far, which again over 30 feet from the property line to the pavement they are going to come in and take out their own parking in front of the police station and the library. So, I believe the application at one point it was defeated by one vote at City Council, and it was situation where I think the vote was taken in October. I'm sorry April, wrong election and wrong month. So, I just believe that it is a very appropriate use. A very well thought out, well proffered and given the circumstances that we find and it is and I could go through. Dorothy Wood: Eddie, would you answer Ron's question? Ronald Ripley: Eddie, you mentioned the right-of-way and the reservation for potential of widening of Kempsville Road future, what would be the distance between the right-of- way reservation line and the front of the house? Do you know that distance? Eddie Bourdon: I do not know that. What I can tell you is that again at 12 feet by a lane of traffic within the area that the City already has which is about 35 feet there is ample room to add yet another lane of traffic still would leave 23 feet before you hit the property line and then from the property line to the house it would be about 30 or maybe a little bit more than 30 feet. It is just over 30 feet. Again, I don't know what the ultimate right-of-way is 150 feet and I think with what has already been provided for here, I'm sure you got over a 100 feet of right-of-way today. When is that day going to come? I don't know the answer to that. Item #3 Mary Spady Page 7 Ronald Ripley: I was trying to find out how close. If the City owned the entire right-of- way what would be the distance from the new right-of-way line and the front of the house? Eddie Bourdon: I don't know where the new right-of-way line will be. I don't know how the road will be aligned. Dorothy Wood: Is there any other questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Joseph Strange: We have opposition. Mike Ash. Mike Ash: My name is Mike Ash. Dorothy Wood: Glad to have you with us Mr. Ash. Mike Ash: Thank you. My name is Mike Ash and in the three minutes allotted to me I would like to speak for the neighborhood. I had spoken to them before on these occasions, and I live within three houses of the property on Bellamy Manor Drive. We have as you referred to the petition that has been circulated in the neighborhood. I feel the majority of the residents of Lobaugh and Bellamy Manor Drive are opposed to this rezoning on the grounds of the precedent that it sets for furthering encroachment of commercial property on to our residential neighborhood. It opens up I feel the property there between Bellamy Manor and Providence Road fronting on to Kempsville Road, it opens up the possibility of commercial development along Providence Road behind the houses on Bellamy Manor Drive. So, we welcome the police station and the library in our neighborhood, we feel that further non-residential encroachment on our neighborhood is a detriment to our neighborhood. In answering the question the vacant lot has never been built on. It has always been vacant since the Bellamy Manor area was developed. I take issue with the fact that there are no other houses fronting Kempsville Road. If you go to the north to the other side of Lock Lane there are a number of very nice and desirable residences fronting Kempsville Road exactly the same road, and they seem to change hands and seem to be very desirable and thy are all very well kept. So, there are residential residences along Kempsville Road. I would like to draw your attention to one of my concerns and that is the area down at Kemps River where there are similar residential areas on Kempsville Road but also there are very some undesirable commercial properties that I feel, income tax place and they are not very well kept. I would hate to see that corner of Bellamy Manor Drive go the same way because of the precedent that it sets for the future of our residential neighborhood. Here is the petition. We have a number of the residents in the immediate neighborhood. Mr. George Poff who is behind the property. Dorothy Wood: Could you use the pointer and show us. Item #3 Mary Spady Page 8 Mike Ash: If I can. Dorothy Wood: You just have to point sir. Mike Ash: Just point? Mr. Poff is here. He has this residence. George Poff is there. I live here and we have a number of neighbors in this block here. Dorothy Wood: So you're all right there. Mike Ash: If you want to raise your hands to let them know that were here. Dorothy Wood: Welcome. We're glad to have you. Mike Ash: Okay. Pretty much all of the residents of these two roads have signed the petition. There are some people here who declined to sign it but they're not really part of the neighborhood. I think they're looking for their commercial development in the future. Dorothy Wood: Thank you Mr. Ash. Mike Ash: Thank you very much for your time. Dorothy Wood: Thank you all very much for coming. Are there any questions for Mr. Ash? Thanks again. Mr. Bourdon. Eddie Bourdon: The only thing that I would say and I think you all have to draw on your own experience throughout the City and fortunately we all have a fair amount of that is that this type of a use in this location, I don't believe it is and I can understand if I live in the neighborhood I would want to make sure my neighborhood is going to stay residential in character. I don't believe that this in any way sets a precedent that is going to cause the homes here in this block to ever be anything other than what they are and that is homes. The existing and you can see here the fire station and library with commercial parking extend well beyond where we are talking about out here. We are across the street from fast food restaurants, across the street from a major commercial shopping center in this part of town. If we were talking about trying to rezone this property to a B-2 use or even a B-1 or B-IA use, then I would be a little more accepting of the argument. Again, certainly any one can make an argument when you have reasonable disagreement and that is what I think we have here. But we are talking about a tightly proffered 0-1 zoning, a less intense zoning than the 0-2 that you see here, the 0-2 that is here that happens not to be on the map as it has been cut. We have an 0-2 here and an 0-2 here. This is the appropriate zoning for a situation like this, and I don't see how and I don't believe anyone on this Commission can honestly sit here and say they believe with a zoning that has been proffered here if it were to be approved that we are going to see some proliferation of this type of zoning coming eastward along either of these two residential streets upon which these residences front versus Kempsville Road where this Item #3 Mary Spady Page 9 house that we propose to convert to an office fronts on Kempsville Road looking at a fast food restaurant. Dorothy Wood: Thanks Mr. Bourdon. Eddie Bourdon: Thank you all very much. Dorothy Wood: Discussion? Mr. Knight. Barry Knight: Yeah. I know this piece of property. I've known it as of two weeks ago for about 50 years. I've lived south of Acredale for many, many years. I know the residents who live at Bellamy Manor. In fact, I look at this petition and see some of these residents have been there since I remembered them. I saw Mr. Falk walk in here today and I haven't seen him in 30 some odd years but I recognize him. So, you haven't change very much Mr. Falk. I understand what Mr. Bourdon is saying that if you go along Kemspville Road and see where it's commercial. It's a main arterial and it is basically commercial. I absolute agree with that but if you turn 90 degrees, Bellamy Manor back in the early 60's when it was developed one of these things that Acredale and Bellamy Manor, Kempsville Colony and Kempsville, across the street is one of the strawberry fields. Everything changes. Now I understand that but Bellamy Manor is a well maintained nice, established neighborhood and I believe part of what the problem is if this is turned into a business on the front it would be least intrusive business that could be there. Instead of getting the idea that you are going into a neighborhood, which is Bellamy Manor, is now that you're going through the business district and the neighborhood is now an after thought. So, I'm kind of torn between this. I think this would be the least intrusive business that we could possibly put up there and fit with the strip on Kempsville Road but I think it would possibly hurt the character of Bellamy Manor so I'll kind of sit back and see what my Co -Commissioners have to say on this. Dorothy Wood: Thank you sir. Mr. Din. William Din: Since I represent this area, I'm in this area all the time too. I don't live too far from this area. I would hate to see a rezoning like this cause an imposition to this neighborhood because I do think its causing a little more spread of the commercialization of Kempsville Road. I sort of agree with Mr. Knight that is probably the least intrusive of that type of change office where you would have a residential looking building but it does intrude upon this neighborhood. I think you have to draw a line some place and as I see this neighborhood it does disrupt the residential character of it starting at the very front of it. I think it does cause the commercialization of Kempsville Road to continue further down Kempsville Road, which probably eventually will. I don't disagree with that but I don't think the neighborhood at this point should be disrupted. I think we do need to draw a line and therefore I don't think a piece of commercialization of encroachment into this neighborhood should proceed. So, I will not be supporting this application. Item #3 Mary Spady Page 10 Dorothy Wood: Since this is your area would you like to make that in a form of a motion sir then we'll go on and hear the rest of the people. William Din: Let's hear the rest first. Dorothy Wood: Mr. Crabtree. Eugene Crabtree: Well, Kempsville Road is a major thoroughfare through this City where we want to associate with Providence Road. I look at the progress on Kempsville Road the same way as I look at it on Independence or look at on Holland Road. When I first moved to this City that is where all the residential areas have not been built upon or none of the neighborhoods have been encroached upon. It is inevitable that Kempsville Road is going to become a thoroughfare and become an industrial business office complex all the entire length of the road. This is the least intrusive for a business that can go in there. I think it's inevitable. I think it does fit with what's on Kempsville Road. It doesn't fit with what's in Bellamy Manor but it does fit with what's on Kempsville Road. I'm going to support the application. Dorothy Wood: Thank you. Are there any other comments? Ms. Anderson. Mr. Strange. Janice Anderson: Thank you. Just like Mr. Din said I believe the office use would be probably an appropriate use but I don't believe residential is not appropriate. There are residential still on Kempsville Road that are very attractive properties, and this neighborhood especially is flourishing even with residential located on Kempsville Road. I think with the change of zoning it might have an adverse affect on the existing neighborhood so I have reservation with the change of zoning. Dorothy Wood: Thank you. Mr. Waller. John Waller: In looking at the code, the legislative intent is pretty clear to what it says, compatible with residential uses, which may adjoin this property. And that is a perfect example. I'm going to support the application. Dorothy Wood: Thank you. Ms. Katsias. Kathy Katsias: Well, I agree with my fellow Commissioner Mr. Waller. Kempsville Road is a major arterial road. I think the applicant has addressed adequate buffers on Kempsville Road as well as on the side and rear of the property. The proffers address the limited use therefore, I think I'm going to support this application based on the evidence. Dorothy Wood: Mr. Strange. Joseph Strange: Eddie, did you say that this piece of property has not been marketed as residential at this point? Item #3 Mary Spady Page 11 Eddie Bourdon: Ms. Spady, since she has owned the property has not tried to market it because she wants to use it for her office. That is what she has been trying to do for decades. Joseph Strange: Earlier I think you made a statement that it really wasn't residential and it was. You may have been trying to market it that way. Eddie Bourdon: All I can suggest to you is that if you put yourself in the shoes of someone looking to buy a home are you going to buy a home fronting on Kempsville Road or a home fronting on Rosemont Road, where you got traffic just stacked up in front of your house going to the fast food restaurant across the street in the shopping center. You can sell anything to anybody. The question is, is it an appropriate use of the property. Is it something that we all can sit here and say, "oh sure, I'll buy a house and live there" or "I'd buy that vacant lot and build another house on there" in a heartbeat. I don't believe that would be something that we would be if we were coming in to develop this property today, all of Bellamy Manor I don't think we would be approving a rezoning to build houses that front on Kempsville Road as a part of that rezoning. We would not be doing that and you do not do that every month when you see zonings for residential neighborhoods. Therefore, dealing with the situation that we have presented to us I think that's why we have a zoning ordinance that provides transitional uses like 0- 1 zoning and that is why I think it's an appropriate request with regard to this property. Dorothy Wood: Is there any other questions? Joseph Strange: I would like to say that in the past we have had zoned on a piece of property but it didn't seem to develop that because no one was willing to use it for that like for that B-1 property that we changed because no one wanted to develop a B-1 zoning. If in fact that this piece of property had tried to feed the market as a home no on would buy it. I think that would lend a little more credence to putting an office there, which I agree with everyone else. I've seen these types of situations next to a neighborhood where it was appropriate. It didn't seem to be a problem. If you were there you wouldn't want it there but after you there you really didn't hardly notice it. I can see both sides of this but of the fact that it hasn't been conditionally marketed at a fair market price and I'm not going to support it. Dorothy Wood: Mr. Horsley. Donald Horsley: Really what concerns me is that the use doesn't really concern me as much as the rezoning. I think that's the key to the whole thing. You got a rezoning of a piece of property in a residential area. I know it is possible to do what Ms. Spady wants to do whether it's a Conditional Use Permit or not Mr. Scott, I don't think so. So, therefore it appears to me that the Community is pretty strong in its disagreement with this use and it has been that way for many, many years. This appears to be a very established community and I would hate to disrupt the community that has been a main stay so long so I'm probably going to vote against it. Item #3 Mary Spady Page 12 Dorothy Wood: Thank you. Donald Horsley: I think I voted against this one time before. Dorothy Wood: I bet you did sir. William Din: Madame Chair, I would like to make a motion to deny this application. Barry Knight: I'll second it. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Knight to deny. Mr. Miller. Robert Miller: I need to abstain from this. My firm is working on the project. AYE 6 NAY 4 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE NAY DIN AYE HORSLEY AYE KATSIAS NAY KNIGHT AYE MILLER ABS RIPLEY NAY STRANGE AYE WALLER NAY WOOD AYE Ed Weeden: By a vote of 6-4 with one abstention, the application of Mary Spady has been denied. Dorothy Wood: Thank you all for coming down. Ar 8'000el �Uw! y2�f �°�Dle Gr�o Live iv ,CSe!/,gr.�.cfs !ll6gl��° /feresi Ali T ��e 194).14_ C'aw�m4e2c-i P-�L_ _// i p MARY SPADY PROPERTY REZONING PROTEST We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R-10) Residential to Conditional (01) Commercial. This rezoning will only set precedent for future commercialization and encroachment in our neighborhood. We disagree with this rezoning even more so now than the previous two times it was turned down by City Council. 7 iq MARY SPADY PROPERTY REZONING PROTEST We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by Ms. Mary Spady, (located lit 844 Kempsville Rd.) from (R-10) Residential to Conditional (01) Commercial. This rezoning will only set precedent for future cotomercialization and encroachment in our neighborhood. We disagree with this rezoning even more so now than the previous two times it was turned down by City Council. NAME ADDRESS PHONE # )31t 1/0 1 �I S� 3(, 1 MARY SPADY PROPERTY REZONING PROTEST We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R-10) Residential to Conditional (01)`Cotnmercial. This rezoning will only set precedent for future commercialization and encroachment in our neighborhood. Wi� disagree with this rezoning even more so now than the previous two times it was turned down by City Council. NAME ADDRESS PHONY # 0 V'? MARY SPADY PROPERTY REZONING PROTEST — We the undersigned, living in Virginia Beach, Bellamy Manor Section and other nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R-10) Residential to Conditional (01) Commercial. This rezoning will only set precedent for future commercialization and encroachment in our neighborhood. We disagree with this rezoning even more so now than the previous two times it was turned down by City Council. NAME n A AN „ . ADDRESS PHONE # LL- id3f qqso 3 id I a��5 75�g � i� {� Y t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The Runnymede Corporation — Change of Zoning District Classification MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of The Runnymede Corporation for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located at 242, 246, 250 and 254 Clearfield Avenue (GPINS 14676518570000; 14676518400000; 14676519250000; 14676620410000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The existing homes on these four lots will be demolished to make way for an expansion of the TRC Center, an adjoining 160,000 square foot business park owned by Runnymede Corporation. The TRC Center has three, one-story "flex - space" buildings. The applicant's proposal is to consolidate the existing lots, resubdividing the site to create one new parcel for a new 15,000 square foot office building similar to the buildings in the adjoining TRC Center. All access and circulation will be coordinated with the existing TRC Center. The Comprehensive Plan identifies this site as being located between Strategic Growth Area #3 (Newtown Area) and Strategic Growth Area #4(Pembroke Area). Both of these Strategic Growth Areas recommend high quality office as a viable and preferred land use. This particular site is located on what used to be a primarily residential street. However, over the past ten years, the street has clearly been in a transition to non-residential uses. The property on the west side of Clearfield Avenue that was once residential is now part of the St. Gregory Church and School. The few remaining residential properties on the east side of the street, north of the proposed site, are proposed for a planned future expansion for the large auto sales facility that surrounds them. The proposed use is in conformance with the Comprehensive Plan and will complement the land uses planned for Strategic Growth Areas #3 and #4. The proposed use will be incorporated into the adjacent high quality office park and is considered to be compatible with the surrounding institutional, office and commercial uses. The Runnymede Corporation Page 2 of 2 The Planning Commission placed this item on the consent agenda because it is the expansion of an existing office park, is consistent with the Comprehensive Plan, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 3 lC-- . 38 &-Yk RUNNYMEDE CORPORATION Agenda Item # 15 December 8, 2004 Public Hearing Staff Planner: Barbara J. 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. an Location and General Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District. Property located at 242, 246, 250 & 254 Clearfield Avenue ns«p P-6•7 Runn mede Corporation Ma Not t• LE 'L3 00 d I — y yon;ng Charge fr!�:;: ,'.- to !32 1467651857;1467651840;1467651925;1467662041 2 — KEMPSVILLE RUNNYMEDE CORPORATION Agenda Item # 15 Page 1 SITE SIZE: 1.4 acres EXISTING LAND USE: Four single-family homes SURROUNDING North: • Single-family homes / R-7.5 Residential District LAND USE AND South: • Office -Warehouse / 1-1 Industrial District ZONING: East: • Office Park / B-2 Community Business District West: • Church and school / R-7.5 Residential NATURAL RESOURCE AND CULTURAL Four single-family home sites with large back yards currently occupy FEATURES: this property. There are some mature trees in the yards. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of • The existing homes on these four lots will be demolished to make way for an expansion of the TRC Center, the adjoining 160,000 SF business park owned by Runnymede Corporation. The TRC Center has three, one-story flex buildings. The applicant's proposal is to consolidate the existing lots and resubdivide to create one new parcel for a new 15,000 square foot office building similar to the buildings in the adjoining TRC Center. All access and circulation will be coordinated with the existing TRC Center. RUNNYMEDE CORPORATION Agenda Item #-1-5 Page 2 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 Comprehensive Plan • Compatible with surrounding uses {comprehensive Flan The Comprehensive Plan identifies this site as being located between Strategic Growth Area #3 (Newtown Area) and Strategic Growth Area #4(Pembroke Area). Both of these Strategic Growth Areas recommend high quality office as a viable land use. This particular site is located on what used to be a primarily residential street. However, over the past ten years, the street has clearly been in a transition to non-residential uses. The property on the west side of Clearfield Avenue that was once residential is now part of the St. Gregory Church and School. The few remaining residential properties on the east side of the street, north of the proposed site, are proposed for a planned future expansion for the large auto sales facility that surrounds them. 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 RUNNYMEDE CORPORATION Agenda Item # 1-5 Page 3 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 The project shall be developed substantially as the adjacent office park known as TRC Center, buildings TRC Center 1,11, and III. • The lots shall be subdivided to create one parcel • The lot so created shall be connected to the adjacent office park known as TRC Center by driveways and the creation of cross access easements to promote traffic flow • The exterior design, material and colors of the new building or buildings shall adhere to the elevations and design of the adjacent office park. PROFFER # 2 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 submitted proffers ensure that the property will be Proffers: incorporated into the adjacent high quality office park and are acceptable. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated November 16, 2004, and found it to be legally sufficient and in acceptable legal form. RUNNYMEDE CORPORATION Agenda Item # -1.5 Page 4 0 taf Evaluation Staff recommends approval of this request. Staff's 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 proposed use is in conformance with the Comprehensive Plan and will complement the land uses planned for Strategic Growth Areas #3 and #4. (2) The proposed use will be incorporated into the adjacent high quality office park and is considered to be compatible with the surrounding institutional, office and commercial uses. 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. RUNNYMEDE CORPORATION Agenda Item # ,15 Page 5 Supplemental Information Zoning History # I DATE IREQUEST ACTION 1 10/10/00 CRZ from R-7.5 to B-2 & CUP for auto sales GRANTED 2 05/14/91 CUP for church/school additions GRANTED 08/11/92 CUP for church/school additions GRANTED 03/14/95 CUP for church/school additions GRANTED 3 10/29/02 CUP for school additions GRANTED 4 01/14/97 CUP for communications tower GRANTED 06/09/98 CUP for communications tower GRANTED RUNNYMEDE CORPORATION Agenda Item # 15 Page 6 Public Agency Comments Public Works Master Transportation Plan (MTP): There are no planned improvements to Clearfield Avenue in the Master Transportation Plan or in the Capital Improvement Program. The trips generated by the new office building will increase over the existing residential. This is not a concern because the majority of the area surrounding the site is office and institutional with similar traffic to the proposed use. Water: The proposed use must connect to City water. Sewer: The proposed use must connect to City sewer. Public Utilities 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: Fire Department requirements will be reviewed during the permit process. RUNNYMEDE CORPORATION Agenda Item # 15 Page 7 Exhibits Exhibit A - 1 Proposed Building elevations RUNNYMEDE CORPORATION Agenda Item #,15 Page 8 Exhibit A - 2 Proposed Building —' ovations RUNNYMEDE CORPORATION Agenda Item # 15 Page 9 Exhibit A - 3 Proposed Building -bons RUNNYMEDE CORPORATION Agenda Item # 1-5 Page 10 tea LJ C C �t 4a to W_to a mph �� n�xsr�r ayc� F � u gg � p7 M WHOM! w e f Ac e a xry Vol' a. V �. C`Y 9) =' sh � � �` : 1 C11 L9 G`i gt 0=01 its I A - "i,} � QY A ii ah i 0 1 N 9 .f � u c £ Exhibit B Disclosure Statement RUNNYMEDE CORPORATION Agenda Item # 15 Page 11 Item #15 The Runnymede Corporation Change of Zoning District Classification 242, 246, 250 and 254 Clearfield Avenue District 2 Kempsville December 8, 2004 CONSENT William Din: The next item is Item #15, The Runnymede Corporation. This is an application by the Runnymede Corporation for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located at 242, 246, 250 & 254 Clearfield Avenue in the Kempsville District. Michael Barrett: Good afternoon Madame Chairman and members of the Commission. My name is Mike Barrett and I represent the applicant. We are in accord with the review by the staff. William Din: Thank you Mr. Barrett. Is there any opposition to placing this on consent? If not, Mr. Crabtree will talk about this item. Eugene Crabtree: The Runnymede Corporation already has a number of buildings in that area in the office park. They want to put one new building in there that would comply with the 1,500 square feet adjoining with what they already own. They have been consistent with the Comprehensive Plan. It's compatible with surrounding uses. It is located between two strategic growth areas and it will fit very well in this since the strategic growth area recommends that this particular area be used for office space and this type of business. Runnymede has been a good neighbor to the surrounding neighborhood. We think this is a good use for this particular property so we put it on consent agenda. William Din: Thank you Gene. I would like to make a motion to approve the following consent item, Item #15 The Runnymede Corporation. This is a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District located in the Kempsville District. This is a proffered item. Dorothy Wood: Thank you Mr. Din. Do I hear a second? Donald Horsley: Second. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley. Yes, Mr. Miller. Robert Miller: I need to abstain from Item 415. My firm is working on that project. Dorothy Wood: Thank you sir. Item # 15 The Runnymede Corporation 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 1 ABS ABSENT 0 Ed Weeden: By a vote of 10-0, with the abstention so noted, the agenda item has been approved for consent. In Reply Refer To Our File No. DF-6048 TO: Leslie L. Lilley t FROM: William M. Macali W` RE: Conditional Zoning Application The Runnymede Corporation CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 14, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2005. I have reviewed the subject proffer agreement, dated November 16, 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. WMM/nlb Enclosure cc: Kathleen Hassen This Document Prepared by: Fine, Fine, Legum & McCracken, LLP. THIS AGREEMENT made this 161h day of November, 2004, by and between THE RUNNYMEDE CORPORATION, property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certain parcels of property located in the Kempsville District of the City of Virginia Beach, more particularly described as follows: Subdivision of Clear Acres, Lots 242, 246, 250 and 254, a total area of 1.4 ac. said property hereinafter referred to as the "Property"; more specifically described as follows: The subdivision of Clear Acres, lots 242, GPIN 1467 65 1857; 246, GPIN 1467 65 1840; 250, 1467 65 1925, and 254, GPIN: 1467 66 2041. WHEREAS, the Grantor 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-7.5 Residential District to Conditional B-2; 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 different 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 GPIN/ACCT # 1467 65 1857, 1467 65 1840, 1467 65 1925, 1467 66 2041. similarly zoned are needed to resolve the situation to which the Grantors' 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 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, their successors, personal representatives, assigns, Grantee, 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 uid pro cluo 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 Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title. . The project shall be developed substantially as the adjacent office park known as TRC Center, buildings TRC Center I, II, and III. 1. The lots shall be subdivided to create one parcel. 2. The lot so created shall be connected to the adjacent office park known as TRC Center by driveways and the creation of cross access easements to promote traffic flow. 3. The exterior design, material, and colors of the new building or buildings shall adhere to the elevations and design of the adjacent office park. GPIN/ACCT # 1467 65 1857, 1467 65 1840, 1467 65 1925, 1467 66 2041. 4. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City codes by all cognizant city agencies and departments to meet all applicable City code requirements. 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 i 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 such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and GPIN/ACCT # 1467 65 1857, 1467 65 1840, 1467 65 1925, 1467 66 2041. (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 Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: THE RUNNYMEDE CORPORATION Andrew S. Fine Michael J. Barrett STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that Andrew S. Fine., whose name is signed to the foregoing instrument dated the I r— of 2004, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 15th day of November, 2002. 1111A.- L� Alwil 1, Notary Public My commission expires: 5-13//abaS— STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, Y%itim Arin Inane) , a Notary Public in and for the City and State aforesaid, do hereby certify that Michael J. Barrett whose name is signed to the foregoing instrument dated the I ) Fi-day of 2004 did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this I 5*-L day of 2004. NotaryPublic My commission expires: 513l %OS- - r GiN FSq� v { ?n1 i H.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Bruce D. O'Leary — Change of Zoning District Classification MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of Bruce D. O'Leary for a Change of Zoning District Classification from R-10 Residential District to Conditional B-2 Community Business District on property located on the south side of Indian River Road at its intersection with Gammon Road (GPINS 14563368030000; 14563369560000). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant proposes to rezone the subject site to build a small family type restaurant. The building will be approximately 1,800 square feet in size. The design will be a one-story brick building in scale with the nearby single-family residential. The restaurant will serve pizza and other Italian cuisine. The hours of operation will be 10:00 AM to 10:00 PM daily. No alcoholic beverages will be served. The structure is designed to accommodate sixty people with a staff of 8 employees. The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Page 91 of the Primary Residential Area chapter of the Comprehensive Plan states "limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility." Evaluation of this request reveals the proposal, through the submitted materials and the proffers, is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. Planning Commission placed this item on the consent agenda, as there was no opposition to the request, Staff recommended approval, and the use will provide a service to the adjacent residential neighborhoods. Bruce D. O'Leary Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S k— , � l7`>`z BRUCE D. O'LEARY � Agenda Item # 1 December 8, 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 regarding this application. REQUEST LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Change of Zoning District Classification from R-10 Residential District to Conditional B-2 Community Business District. Property located on the south side of Indian River Road at the intersection of Gammon Road. M nitB y.P Bruce D. (.'Lear ae I M��" L7r / o 0 top' Condi a nal Zo to Chain: irom R-10 to 8 2 Parcel B-14563356650000, Parcel C - 14563357840000, Parcel D - 14563368030000, Parcel E & F - 14563369560000 1 - CENTERVILLE BRUCE D. O'LEARY Agenda Item # 1 Page 1 SITE SIZE: Existing B-2 parcel: 14, 934 square feet. Parcels to be rezoned: 8,044 square feet (Parcel B — 2,179 square feet, Parcel C — 1,138 square feet, Parcel D — 3,074 square feet, Parcels E & F — 1,653 square feet) Total site size: 22,978 square feet EXISTING LAND USE: Undeveloped vacant site SURROUNDING North: . Across Indian River Road, auto repair service and LAND USE AND retail shops / B-2 Community Business District ZONING: South: . Wachovia Bank, Old Providence Road / B-2 Community Business District East: . Wachovia Bank / B-2 Community Business District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND CULTURAL The majority of the site is grass field. There are a two large oak trees FEATURES: aside of the existing ditch bank. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of Pro Osa The applicant proposes to rezone the existing R-10 properties located along the ditch line and combine those with the adjacent B-2 property to build a small family type restaurant. The building will be approximately 1,800 square feet in size. The design will be a one-story brick building in scale with the nearby single-family residential. The restaurant will serve pizza and other Italian cuisine. The hours of operation will be 10:00 AM to 10:00 PM daily. No alcoholic beverages will be served. The structure is designed to accommodate sixty people with a staff of 8 employees. BRUCE D. O'LEARY Agenda Item # 1 Page 2 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. • Consistency with the recommendations of the Comprehensive Plan • Compatibility with the surrounding zoning and existing uses. r w r Comprehensive Plan"""' The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Page 91 of the Primary Residential Area chapter of the Comprehensive Plan states "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility." s� 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. BRUCE D. O'LEARY Agenda Item # 1 Page 3 PROFFER # 1 The property will be developed, in substantial conformance with the conceptual site plan entitled "Proposed Rezoning for Restaurant" dated July 28, 2004, prepared by Beck Associates, Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER # 2 The property will be developed, in substantial conformance with the rendering entitled "Luigi's Pizza - Rendering" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER # 3 The dumpster enclosure will be wood with brick corner posts that match the materials of the building exterior. PROFFER # 4 Eight -foot high monument style sign with materials to match the building exterior. PROFFER # 5 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 listed above are acceptable as they dictate Proffers: the level of quality of the project. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated August 30, 2004, and found it to be legally sufficient and in acceptable legal form. BRUCE D. O'LEARY Agenda Item ,# 1' Page 4 MIT - Staff Evaluation Staff recommends approval of this request. Staff's 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 proposal is in conformance with the Comprehensive Plan's recommendations for this area. (2) The proposal is compatible with the adjacent residential neighborhood as well as the business areas. (3) The exterior building materials used reflect the materials used within the residential neighborhood adjacent to this property. 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. BRUCE D. O'LEARY Agenda Item-# 1 Page 5 A Supplemental Information Zoning History Conditional7..oriinr Change frorrl R-10 to B-2 # I DATE IREQUEST ACTION 1 04/23/02 Conditional Rezoning from R-51D to A-18 Granted 2 01/08/02 Street Closure Granted 3 08/11/98 CUP Automobile repair shop Granted 4 04/27/93 CUP motor vehicle sales Granted 5 04/16/84 CUP Automobile repair Granted BRUCE D. O'LEARY Agenda Item # 1 Page Public Agency Comments Public Works Master Indian River Road in the vicinity if this application is classified as Transportation a 6-lane, Major Urban Arterial roadway. The ultimate right-of-way Plan (MTP): width for Indian River Road is 155 feet, widened to an 8-lane facility. Currently there are no plans for roadway widening. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Level of Service "C" - 26,300 ADT' Indian Level of Existing Land Use 2- 20 ADT River 32,869 ADT Service "D" - Proposed Land Use 3 - 290 Road 42,100 ADT' Proposed Land Use 4 - 373 Level of Service "E" - 48,200 ADT' Average Daily Trips gas defined by residential zoning 3 as defined by 60 seat restaurant weekdays 4 as defined by 60 seat restaurant weekends Public Utilities Water: This site must connect to City water. There is an 8 inch City water line in Old Providence Road. There is a 20 inch City water line in Indian River Road fronting the site. Sewer: This site must connect to City sanitary sewer. Analysis of Pump Station #411 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City sanitary sewer in Old Providence Road. School I No comments — Not applicable. Public Schools BRUCE D. O'LEARY Agenda Item # 1 Page 7 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. Applicant to provide a lighting and /or photometric diagram plan for review by city staff. Fire and Obtain all permits from Permits and Inspections Division of the Rescue: Planning Department and a Certificate of Occupancy prior to occupancy. Fire code permits may be required at tie of occupancy, contact the fire department for permit information BRUCE D. O'LEARY Agenda Item # 1 Page 8 Exhibits Exhibit A Aerial of Site Location BRUCE_D. O'LEARY Agenda Item # 1 Page 9 Exhibit B - 1 Proposed Site Plan lif q� 0 ......................... ... . ............. .. ..... .. .. .. ..................... .. . ... . . BRUCE D. O'LEARY Agenda Item # 1 Page 10 A 0' �41 Exhibit B - 2 Proposed Site Plan (detail) BRUCE D. O'LEARY Agenda Item # 1 Page 11 LUIGI'S PIZZA - RENDERING Exhibit C Proposed Building FIP-vatinn BRUCE D. O'LEARY Agenda Item # 1 Page 12 • C Z l tto . .. . . ....... .... .... ............ ... 5 1 . ... .. ...... ... 7p 4 2 CA IqI� I�11111 iiiii VAR 4111`11`11I!� Exhibit D Disclosure Statement BRUCE D. O'LEARY Agenda Item # I Page 13 Item #1 Bruce D. O'Leary Change of Zoning District Classification South side of Indian River Road District 1 Centerville December 8, 2004 CONSENT Dorothy Wood: The next order of business will be the consideration of items that the Commission has placed on consent agenda. Our Vice Chairperson Will Din will conduct this portion of the meeting. Will? William Din: Thank you Ms. Wood. Today, we have 13 items for inclusion on the consent agenda. As I call each of the items up, would the representative or the applicant please come up to the podium, please state your name, relationship to the application and state if you've read the conditions and if you agree with those conditions. So the first one on our agenda here today is Item #1, Bruce D. O'Leary. This is an application for Mr. O'Leary for a Change in Zoning District Classification from R-10 Residential District to Conditional B-2 Community Business District on property located on the south side of Indian River Road at the intersection of Gammon Road in the Centerville District. Bruce O'Leary: That's correct. My name is Bruce O'Leary. I'm the applicant. That's my brother Mike. William Din: This is a proffered condition. Is there any opposition to placing this item on consent? Seeing none. I would like to ask Mr. Don Horsley to go over this item for us please. Donald Horsley: Okay. The applicant proposes to rezone an existing R-10 property located a long a ditch and combine it with the adjacent B-2 properties and build a small family type restaurant. It is approximately 1,800 square feet and it is going to be a one- story brick building. The Comprehensive Plan recognizes this area as being primarily residential. However, in a primary residential section of the Comprehensive Plan, it states that limited commercial and institutional activity may also occur in these areas to provide many services. Being there is no opposition in the community and the renderings we looked at, it looks like it is going to be a nice building. The staff has a favorable recommendation, so therefore we thought it merited consent agenda status today. William Din: Thank you Mr. O'Leary. Bruce O'Leary: Thank you very much. William Din: So, I would like to make a motion to approve the following consent item, Item #1 Bruce D. O'Leary, an application for a Change of Zoning District Classification Item # 1 Bruce D. O'Leary Page 2 from R-10 Residential District to Conditional B-2 Community Business District located in the Centerville District and is proffered. Dorothy Wood: Thank you Mr. Din. Do I hear a second? Donald Horsley: Second. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the agenda item has been approved for consent. In Reply Refer To Our File No. DF-5999 TO: Leslie L. Lilley FROM: William M. Macali A RE: Conditional Zoning Application Bruce D. O'Leary CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 14, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2005. I have reviewed the subject proffer agreement, dated August 30, 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. WMM/nlb Enclosure cc: Kathleen Hassen AGREEMENT THIS AGREEMENT, made this 3 iay of August, 2004 by and between BRUCE D. O'LEARY (hereinafter referred to as "O'Leary" and to be indexed as Grantor), the contract purchaser of a certain parcel of property located in the City of Virginia Beach, Virginia, containing approximately. 0.4 acres and which property is more fully described on Exhibit A attached hereto (hereinafter the "Property"), THOMAS W. DANA, III (hereinafter referred to as "Dana" and to be indexed as Grantor), the current owner of the Property, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, O'Leary and Dana (hereinafter collectively referred to as "Grantors") have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-10 to B-2 Conditional; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change, and the need for various types of uses, certain GPIN: 14563379030000(B-2), 14563356650000, 14563357840000, This Document Prepared By: 14563368030000, 14563369560000 Payne, Gates, Farthing & Radd, P.C. 999 Waterside Drive, Suite 1515 Norfolk, VA 23510 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 part of the proposed conditional amendment to the Zoning map, in addition to the regulations provided for in the existing B-2 Conditional zoning district by the existing overall City Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidence by a certified copy of ordinance or resolution adopted by the governing body of the Grantee after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, 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 of 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 these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property will be developed in substantial conformance with the conceptual site plan entitled "Proposed Rezoning for Restaurant," dated July 28, 2004, prepared by Beck Associates, Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The Property will be developed in substantial conformance with the Rendering entitled "Luigi's Pizza -- Rendering" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The dumpster enclosure will be wood with brick corner posts that match the materials of the building exterior. 4. Eight -foot high monument style sign with materials to match the building exterior. 5. 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. 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 department to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, 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 subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. THE UNDERSIGNED ACKNOWLEDGES THAT HE HAS READ THE FOREGOING AGREEMENT. WITNESS the following signatures and seals: �� ,�� . GRANTOR: (SEAL) BRUCE D. O'LEARY COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this 3 day of August, 2004, by Bruce D. O'Leary, personally known to me. 8 N tary Public My Commission Expires: Ot �Q a' GRANTOR: e�'` '(SEAL) THOMAS W. DANA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me thisq_D day of August, 2004, by Thomas W. Dana, personally know to me. --�% & I NcWary Public My Commission Expires: EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia and known, numbered and designated as Parcels `B", "C", "D" and Part of "E" and "F", as shown on that certain plat entitled, "Knob Hill", duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 40 at page 15. PARCEL TWO: All that certain piece or parcel of land, with the buildings and improvements, thereon, situate in the City of Virginia Beach, Virginia, numbered according to the present system of street numbering 6217, 6223, and 6225 Indian River Road, containing .442 acres, as shown on physical survey attached to and recorded with the deed to Harold D. Pugh and Ann M. Pugh, husband and wife, from Charles F. Thomson and Naomi J. Thomson, husband and wife dated November 10, 1964 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed book 874 at page 121 and more particularly bounded and described as follows: BEGINNING at a point in the Southern line of Indian River Road in the center of a ditch dividing this property from the Subdivision known as KNOB HILL, plat of which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 40, page 15, said point of beginning being distant Northwardly 16.17 feet from the Northeast corner of Parcel "F", as shown on said plat and from said point of beginning running along the South side of Indian River Road, South 50°53'10" East, 136.5 feet to a pin; thence South 39°06'50" West 200 feet to a pin; thence North 50°53'10" West 56.04 feet to a pin in the center of the ditch first above mentioned; thence along the center of said ditch, North 17 ° 10' 18" East, 215.62 feet to the point of beginning. EXCEPTING HOWEVER, from the above described property the property granted to the city of Virginia Beach for road widening (see Deed Book 1467 at page 232 and 233; Deed Book 1468 at page 587; Deed Book 1604 at page 762). IT BEING all that same property conveyed to Thomas W. Dana, III by Deed from Timothy H. Pugh and Nancy Pugh Franklin dated 11/03/97 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3809, Page 1858. ,4 �GNN BFq y;� to '� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Atlantic Builders, L.L.C. — Change of Zoning District Classification MEETING DATE: January 11, 2005 ■ Background: An Ordinance upon Application of Atlantic Builders, L.L.C. for Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional 1-1 Industrial District on property located on the southern side of London Bridge Road, approximately 500 feet east of its intersection with Shipps Corner Road and London Bridge Road Extended (GPIN 14955540760000). DISTRICT 6 — BEACH. ■ Considerations: The proposal is a request for rezoning to Conditional 1-1 Industrial District to allow construction of an office/warehouse complex on this 29.2 acre site. The complex will consist of several linear, one-story buildings with individual warehouse spaces of various sizes that will be leased to different customers. Each warehouse space will have a small office area associated with it. The plan shows two phases for the project. The first phase will be located on the northern half of the site and will consist of seven buildings and associated parking/drive aisles. The second phase, located on the southern half of the site, will mirror the first phase. There are two areas on the site that contain non -tidal wetlands under the jurisdiction of the Army Corps of Engineers. These two areas total 7.3 acres, a little under one-third of the property. These areas are located in the northwest and southeast corners of the site. The areas will be left undisturbed and will be preserved with the proposed plan. Roadways border the site on three sides. London Bridge Road borders the northern edge of the site. London Bridge Road Extended borders the western edge and Dam Neck Road borders the southern edge of the site. The wetland preservation areas will provide excellent screening of the warehouse complex along both London Bridge Road Extended and Dam Neck Road. These areas are heavily wooded and these woods will remain. There is one area between the two wetland areas where buildings are proposed that will be visible from London Bridge Road Extended. In this area, the applicant has proffered to provide a 50- foot landscape buffer to include existing trees. Along the northern edge, adjacent Atlantic Builders, L.L.C. Page 2 of 2 to London Bridge Road, a thirty-foot landscape buffer is proposed to include existing trees. In addition to the extensive wetland and tree preservation on the site, the applicant has proposed to dress up the building facades facing London Bridge Road and London Bridge Road Extended by using a variety of materials. All interior buildings will be metal, similar to warehouse complexes within other industrial areas of the City. The Planning Commission placed this item on the consent agenda because the proposed use is appropriate for the site, Staff recommended approval, and there was no opposition. The Planning Commission requested that the applicant provide a fence along the eastern property line adjacent to an agriculturally zoned lot that is in active use and that does posses a dwelling. The applicant has added Proffer 9, complying with that request: When the Property is developed, a privacy fence six feet (6') in height shall be installed between the rear of the easternmost building shown on the Conceptual Plan, extending from the front yard setback along London Bridge Road to the Phase Line shown on the Conceptual Plan. The proffer was submitted prior to the legal deadline required for the January 11 City Council meeting. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: Planning Department ATLANTIC BUILDERS, L.L.C. Agenda Item # 22 ..., December 8, 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 �n REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional 1-1 Industrial District Property located on the south side of London Bridge Road, east of its intersection with Shipps Corner Road 14955547060000 29.2 acres ^'°p "G'° Atlantic Builders LLC Q , 1-2 AG-2 1-2 AG-1 o;o AG. -2 I 1 [41 4 Iz2 ATLANTIC BUILDERS, LLC Agenda Item #.22 Page 1 APPLICATION The Planning Commission deferred this application on HISTORY: November 10, 2004 to allow the applicant to revise the building elevations that will be proffered. The applicant has submitted revised building elevations that staff finds acceptable. The revised elevations are provided at the end of this report. EXISTING LAND USE: Vacant — Undeveloped SURROUNDING North: • Manufacturing Facility / 1-1 Industrial District LAND USE AND South: • Undeveloped / AG-1 Agricultural District ZONING: East: • Warehouse/ 1-2 Industrial District West: • Undeveloped / 1-1 Industrial District NATURAL RESOURCE AND The site is heavily wooded and contains areas of nontidal wetlands CULTURAL under the jurisdiction of the Army Corps of Engineers. There are no FEATURES: City -defined wetlands on the property. AICUZ: The site is in an AICUZ of Greater Than 75 dB Ldn and Accident Potential Zone 1 surrounding NAS Oceana. The US Navy owns a restrictive easement over this site. The Navy has no objection to the proposed rezoning; however, individual uses locating within the development may need further review by the Navy. Summary of Proposaw" The proposal is a request for rezoning to Conditional 1-1 Industrial District to allow construction of an office/warehouse complex on this 29.2 acre site. The complex will consist of several linear, one-story buildings with individual warehouse spaces of various sizes that will be leased to different customers. Each warehouse space will have a small office area associated with it. The plan shows two phases for the project. The first phase will be located on the northern half of the site and will consist of seven buildings and associated parking/drive aisles. The second phase, located on the southern half of the site, will mirror the first phase. There are two areas on the site that contain non -tidal wetlands under the jurisdiction of the Army Corps of Engineers. These two areas total 7.3 acres, a little under one-third of ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 2 the property. These areas are located in the northwest and southeast corners of the site. The areas will be left undisturbed and will be preserved with the proposed plan, Roadways bound the site on three sides. London Bridge Road borders the northern edge of the site. London Bridge Road Extended borders the western edge and Dam Neck Road borders the southern edge of the site. The wetland preservation areas will provide excellent screening of the warehouse complex along both London Bridge Road Extended and Dam Neck Road. These areas are heavily wooded and these woods will remain. There is one area between the two wetland areas where buildings are proposed that will be visible from London Bridge Road Extended. In this area, the applicant has proffered to provide a 50-foot landscape buffer to include existing trees. Along the northern edge, adjacent to London Bridge Road, a thirty-foot landscape buffer is proposed to include existing trees. In addition to the extensive wetland and tree preservation on the site, the applicant has proposed to dress up the building facades facing London Bridge Road and London Bridge Road Extended by using a variety of materials. All interior buildings will be metal, similar to warehouse complexes within other industrial areas of the City. s 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. • The site is located within a Strategic Growth Area and the proposal should be consistent with the Comprehensive Plan recommendations for that area. • Roadways bound this site on three sides, so the aesthetic view from these roadways is a concern. ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 3 �y�N \ Comprehensive Ilan `5 The Comprehensive Plan designates this area as Strategic Growth Area 10 — South Oceana Area. The South Oceana Area encompasses properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. Developable land located in the western region of this Strategic Growth Area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. Access to Dam Neck and Holland Roads should be minimized. Every effort should be made to consolidate the parcels of land to achieve a more unified and well -planned development. Development in this area should exhibit an attractive, high quality design, especially as seen from Dam Neck, Shipps Corner and Holland Roads. 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 developed, the area of the Property shown as "Phase 1" on the conceptual site plan prepared by NDI Basgier and Associates Division, dated August 3, 2004, and titled "Conceptual Plan for Atlantic Builders, LLC" (the Conceptual Plan") shall be developed for industrial storage, warehouse, and related office purposes, substantially in accordance with the plan shown on Sheet 1 of 2 of the Conceptual Plan, copies of which are on file with the Planning Department and have been exhibited to City Council, however, that Grantor shall have the right to reduce the size, number and configuration of the buildings shown on the Conceptual Plan. ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 4 PROFFER # 2 When constructed, all industrial storage and warehouse buildings located on the area of the Property designated on the Conceptual Plan as "Phase 1" shall be constructed using architectural materials and designs in substantial accordance with the renderings titled "Atlantic Builders, LLC Proposed Conceptual Elevations", dated October 18, 2004, which have been submitted to and remain on file with the Planning Department and which have been exhibited to City Council. PROFFER # 3 When constructed, all exterior buildings walls facing London Bridge Road or London Bridge Road Extended shall be constructed using either (a) fiber cement panels substantially similar to the sample submitted to the Planning Department with the Grantor's rezoning application and exhibited to City Council, either in bluestone, neutral or earth -tone colors; (b) split -face block, in neutral or earth -tone colors; or (c) brick, in red, neutral or earth -tone colors. In addition, when constructed, foundation landscaping shall be installed along all exterior building walls facing London Bridge Road or Dam Neck Road. PROFFER # 4 The areas shown on Sheet 1 of 2 of the Conceptual Plan as "Area to be Preserved 4.6 Acres" and "Area to be Preserved 2.7 Acres" shall not be developed, except as reasonably necessary for the installation of stormwater retention facilities and the installation of landscaping as shown on the Conceptual Plan. PROFFER # 5 When developed, the Grantor shall install landscaping along London Bridge Road Extended and Dam Neck Road in substantial accordance with the landscaping shown on Sheet 2 of 2 of the Conceptual Plan and shall preserve existing, mature trees along those areas, to the extent reasonably possible in light of the Grantor's development plans. PROFFER # 6 All buildings and structures located upon the Property shall be set back a minimum distance of fifty feet from the current right-of-way of London Bridge Road Extended. All stormwater retention or treatment facilities located along Dam Neck Road and London Bridge Road Extended shall ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 5 be set back a minimum distance of thirty-five feet from the current rights -of -way, as shown on Sheet 2 of 2 of the Conceptual Plan. PROFFER # 7 No on -site vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between London Bridge Road and any building on any parcel adjacent to London Bridge Road, nor within fifty feet of London Bridge Road Extended. PROFFER # 8 Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation of The proffers listed address the major issued identified in Proffers: this report and are acceptable. Proffer #2 has been revised to reference the revised building elevations. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated October 18, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above. The requested rezoning is in conformance with the Comprehensive Plan recommendations for the South Oceana Strategic Growth Area. The proposed use is primarily warehouse/storage. Access to the site will be limited to London Bridge Road, along the northern edge of the property. The applicant has proposed to preserve two wetland areas on the site that make up almost one-third of the acreage, totaling 7.3 acres. These two wetland areas are strategically located on the northwest and southeast corners of the site so that they will almost totally screen the buildings from view along ATLANTIC BUILDERS, LLC Agenda Item #22 Page 6 London Bridge Road Extended and Dam Neck Road, two roadways where aesthetics are critical. The applicant has also provided a landscape buffer along London Bridge Road to the north that is comparable to other newly developed industrial areas along this roadway. 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. ATLANTIC BUIL Agend DERS, LLC a Item # 22 Page 7 o Supplemental Information Zoning History # I DATE REQUEST ACTION 1 05/05/82 REZONING from AG-1/2 to 1-1/1-2 GRANTED 10/29/02 REZONING from 1-1/1-2 to Conditional 1-2 GRANTED 2 05/14/02 REZONING from AG-1/2 to Conditional 1-1 GRANTED 3 09/26/74 REZONING from R-8 to 1-2 GRANTED ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 8 Public Agency Comments Public Works Master Transportation Plan (MTP): Access to this site is limited to London Bridge Road in accordance with the Master Transportation Plan recommendation to limit and/or consolidate access on London Bridge Road Extended and Dam Neck Road. London Bridge road is considered a two lane undivided collector with an ultimate right-of-way width of 100 feet. There is no project programmed to upgrade this roadway. Additional right-of-way along London Bridge Road may be required to be dedicated for right and, left turn lanes for this project during detailed site plan review Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use London Bridge 9,759 6,200 ADT - 10 Road ADT' Proposed Land Use 3- 1,782 'Average Daily Trips 2 as defined by agricultural use 3 as defined by industrial park use Public Utilities Water: This site must connect to City water service. Sewer: City sanitary sewer is not available. Health Department approval is required for septic systems. Private grinder pump and force main may be an option. Connection to a Hampton Roads Sanitation District force main may be an option. ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 9 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: Fire Department concerns will be addressed during building permit process. ATLANTIC BUILDERS, LLC Agenda Item # 22 Page10 k l s Exhibits Wit A - 1 3rial of Site Location ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 11 Exhibit A - 2 Aerial of Site Location ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 12 Exhibit B - 1 Proposed Site Plan I 04 all ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 13 Exhibit B - 2 Proposed Site Plan (Color) ... . . . ...................... wwwwwwwwwww,- .............................. . ................ . -- ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 14 Exhibit D - 1 Proposed Building Elevation ua LL U) I U 'ZU Uj Uj C) 0 i-o Mc Uic k-2 0 in Uj Z L) SOU 000 Z j On _j 0 ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 15 Exhibit D - 2 Proposed Building Elevation 0 w Uj LU UJ Z U. 00 LU Q Z 0 Z 0 O'e At go > to )-4 LW 0 a OUJ Zino Z 0 0 z 0 1 ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 16 Exhibit D - 3 Proposed Building Elevation 0 " ckzUl WwJz a�j t -4uj 4� X f WC � d G IX 0 0 L''ifC9w� 0. Z CO { O Z 00 z o z 2 ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 17 ............. r F' HOP � «fl JUS y C : :i Po a POW Him A Exhibit E Disclosure Statement N T UfNI1ddVuN1XOZH1YNO111qNO3 olow ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 18 R10,x 711z .F DEPARTMENT OF THE NAVY NAVAL Alai A, C N OCEAN',, 97 ,s Cat Pu3'3tL AR Ms. Barbara J. Duke, AICP Land Use Planner III City of Virginia Beach Dei)artment of Planning Municipal Center, Building 2 2405 Courthouse Drive Virginia Beach, Virginia 2:3456-934Ci :.year Ms. Duke: Exhibit F Supplemental Information 5726 Ser :33,r G49,4 October 77, '2f]0, E Thank you for the opportunity to review the agreement r,>rwarded by your Planning CC7T17FYtit.'sion Routing Slip dated August 2, 2004, concerning the Atlantic Builders, tLC Conditional, Rezoning from AG-1 Agricultural to 1-2 Heavy Industrial. A Real, Estate Contracting Ufi .cer at the Naval F'e,CilitieS Engineering Command, Mid -Atlantic has completed a thorough revi.aaw of the proposed rezoning and development. I have reviewed and support the attached copy of the Review and '':i..ndincTs which determined that the term "industrial," defined as the use of r,,iachinE,'S to r.anufacture. or asserli Ot e a finished product for resale is a iowecz, as long as theiYe is no retail sales and the facilities, trk,>e<s, etc., d+c> not exceed 1.30 feet. above mean sea level height- restrict-'. ons . ih€:refore, the government advises that in saddit n ;o the declaration of conditions contained in the agreement that shall restrict and govern the physical development, operation and use of the property, any development of the aforementioned property is also subject to perpetual easements and rights for clearance, restrictions and ingress and egress acquired under the. aforementioned Grant of Basement dated March 21, 1.981. The Navy, will. review all submissions from prospective developers for proposed uses once they are identified. If there are: any questi.on.s, please con_acL' Mrs. Tatty Hankins at 322-4928. Sincerely and very respectfully, I' . :K -E Cat) n, tI � S. Navy C;o :n'�Ild.i�-acq' Officer i Enclosure. Real Estate Contracting -officer's Review And Findings ATLANTIC BUILDERS, LLC Agenda Item # 22 Page 19 Item #22 Atlantic Builders, L.L.C. Change of Zoning District Classification Southern side of London Bridge Road District 6 Beach December 8, 2004 CONSENT William Din: The last item that I have on the consent agenda is Item #22, Atlantic Builders, L.L.C. It's an application for a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Industrial District on property located on the southern side of London Bridge Road, approximately 500 feet east of its intersection with Shipps Corner and London Bridge Road in the Beach District. Jeff Maynard: Thank you. Again, I'm Jeff Maynard on behalf of the applicant. I'm the attorney. Also, I have in the audience with me today is Mr. Kevin Mumm from Atlantic Builders. We've read and accept the conditions including Proffer #9, which I believe Ms. Duke circulated to you regarding the installation of a privacy fence. William Din: Thank you very much. There are no conditions. These are 9 proffers on this application. Jeff Maynard: Thanks. William Din: Is there any opposition to placing this on consent? If not, Ms. Anderson, will you please discuss this item? Janice Anderson: Yes. Thank you. The applicant has requested to put an office warehouse and warehouse storage on this site. It is located between London Bridge Road and Dam Neck. The property has AICUZ greater than 75 decibels. Also, this property is within the Accident Potential Zone One. The Navy has a restricted easement over this property. So, we believe that the type of facility they are proposing is acceptable with those restrictions on the property. This application was deferred from a prior meeting and the Commission asked for the applicant to review the building elevation that they had previously supplied to us. They have come back with what we believe is greatly improved design elevations for this facility. We appreciate the applicant working with us and making those changes. The Commission's concern with these buildings is that with the warehouses it was mainly the buildings that were going to be visible from the roadside, which would have been along Dam Neck Road and London Bridge Road and London Bridge Road Extension. With regard to visibility the site is one third wetlands which the applicant is going to keep intact and that is heavily wooded. That will provide a nice buffer and also the applicant has added buffers of landscaping along the outer edge. It is either 50 foot or 30 foot wide buffer between their proposed facility and the roads. The applicant today had to agree to add a proffer of installing a fence next door to Item #22 Atlantic Builders, L.L.C. Page 2 some existing residential homes. There is a small piece of property that is on the east side of this site, which is zoned agricultural which they do have existing homes, and they have agreed to put up a fence to buffer their use from the residential area. We believe with the proffers that have been proposed this would be acceptable and appropriate and recommend approval. William Din: Thank you Ms. Anderson. I would like to make a motion to approve the following consent item, Item #22, Atlantic Builders, L.L.C. It's a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Industrial District on property located at London Bridge Road at its intersection with Shipps Corner and London Bridge in the Beach District. It is proffered. Dorothy Wood: Thank you Mr. Din. Do I hear a second? Donald Horsley: Second. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the agenda item has been approved for consent. Dorothy Wood: Thank you very much Ed. In Reply Refer To Our File No. DF-6002 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 3, 2005 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. MacaliqA DEPT: City Attorney RE: Revised Conditional Zoning Application Atlantic Builders, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2005. I have reviewed the revised subject proffer agreement, dated December 15, 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. WMM/nlb Enclosure cc: Kathleen Hassen Document Prepared By Troutman Sanders LLP AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 15th day of December, 2004 by and between HELEN S. SAWYER and JULIAN BEVERLEY SAWYER, JR., (collectively, the "Grantor"), the current owner of that certain property located in the 400 Block of Dam Neck Road and London Bridge Road in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), ATLANTIC BUILDERS, LLC, a Virginia limited liability company (the "Grantor"), the purchaser of the property, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from AG-1 to Conditional I-l; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned I-1 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing I-1 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the GPIN NO.: I495-55-4706-0000 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, 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 of 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the area of the Property shown as "Phase I" on the conceptual site plan prepared by NDI Basgier & Associates Division, dated August 3, 2004, and titled "Conceptual Plan for Atlantic Builders, LLC" (the "Conceptual Plan") shall be developed for industrial storage, warehouse, and related office purposes, substantially in accordance with the 2 plan shown on Sheet 1 of 2 of the Conceptual Plan, copies of which are on file with the Planning Department and have been exhibited to the City Council; provided, however, that Grantor shall have the right to reduce the size, number and configuration of the buildings shown on the Conceptual Plan. 2. When constructed, all industrial storage and warehouse buildings located on the area of the Property designated on the Conceptual Plan as "Phase I" shall be constructed using architectural designs in substantial accordance with the renderings titled "Atlantic Builders, LLC Proposed Conceptual Elevations", dated October 18, 2004, which have been submitted to and remain on file with the Planning Department and which have been exhibited to the City Council. 3. When constructed, all exterior building walls facing London Bridge Road or London Bridge Road Extended shall be constructed using either (a) fiber cement panels substantially similar to the sample submitted to the Planning Department with the Grantor's rezoning application and exhibited to the City Council, either in bluestone, neutral or earth -tone colors; (b) split -face block, in neutral or earth -tone colors; or (c) brick, in red, neutral or earth - tone colors. In addition, when constructed, foundation landscaping shall be installed along all exterior building walls facing London Bridge Road or Dam Neck Road. 4. The areas shown on Sheet 1 of 2 of the Conceptual Plan as "Area to be Preserved 4.6 +/- Acres" and "Area to be Preserved 2.7 +/- Acres" shall not be developed, except as reasonably necessary for the installation of stormwater retention facilities and the installation of landscaping as shown on the Conceptual Plan. 5. When developed, the Grantor shall install landscaping along London Bridge Road Extended and Dam Neck Road in substantial accordance with the landscaping shown on Sheet 2 of 2 of the Conceptual Plan and shall preserve existing, mature trees along those areas, to the extent reasonably possible in light of Grantor's development plans. 6. All buildings and structures located upon the Property shall be set back a minimum distance of fifty feet (50') from the current right-of-way of London Bridge Road Extended. All stormwater retention or treatment facilities located along Dam Neck Road and London Bridge Road Extended shall be set back a minimum distance of thirty-five feet (35') from the current rights -of -way, as shown on Sheet 2 of 2 of the Conceptual Plan. I 7. No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between London Bridge Road and any building on any parcel adjacent to London Bridge Road, nor within fifty feet (50') of London Bridge Road Extended. 8. Further conditions lawfully imposed by applicable development ordinances 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. 9. When the Property is developed, a privacy fence six feet (6') in height shall be installed between the rear of the easternmost building shown on the Conceptual Plan, extending from the front yard setback line along London Bridge Road to the Phase Line shown on the Conceptual Plan. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 2 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: y�it Helen S. Sawyer Julian Beverley Sawyer, Jr„' COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: 4 The foregoing instrument was acknowledged before me this ' day of December, 2004, by Helen S. SawyexAShe is personally known to me or has produced as identification. -t3.1 (-f)C�_r y l L h " p Q otary PP is My Commission Expires: () C/ - 3a - D COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this j j 5d y of December, 2004, by Julian Beverley Sawyer, Jr.. He is personally known to me or has produced as identification. otary ,P lic My Commission Expires: n,� GRANTOR: ATLANTIC BUILDERS, LLC, a Virginia limited liability company By: Kevin L. Maume, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this /7 day of December, 2004, by Kevin L. Maume, in his capacity as Manager of Atlantic Builders, LLC, a Virginia limited liability company. He has produced a Virginia Driver's License as identification. My commission expires: 13 Fe6P.UAIe� 2C69 0270333.2 on EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: FIRST: ALL OF 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, Virginia, containing 20.87 acres, more or less, and more particularly bounded and described as follows: BEGINNING at a post, in the intersection of the edge of the Shipps Corner Road, the property of Charles Widgeon and the property hereby conveyed, which point is 4 feet West of a ditch; thence running North 15 degrees 45 minutes East 498.8 feet to a post 4 feet West of a ditch; thence running North 8 degrees 50 minutes East 686.7 feet to a post 4 feet West of a ditch; thence turning and running North 78 degrees 57 minutes West 413.8 feet to an ash, North 76 degrees 55 minutes West 175 feet to a maple, North 77 degrees 20 minutes West 2210.5 feet to an elm, North 89 degrees 15 minutes West 226 feet to a post; thence turning and running South 11 degrees East 26 feet to a beech, South 10 degrees 30 minutes East 143 feet to a beech, South 4 degrees 15 minutes East 171 feet to a gum, South 3 degrees 20 minutes West 239.15 feet to a beech, South 10 degrees 15 minutes West 159 feet to a post in the edge of the right of way of Shipps Corner Road, South 50 degrees 30 minutes East 668 feet to an ash, South 54 degrees 30 minutes East 293 feet to the point of beginning. SECOND: All of that certain tract, piece or parcel of land, near Smith's Bridges, in Princess Anne County, Virginia, adjoining the land of William Whitehurst, Dora Gregory and Robert Shipp, of which John W. Cox and his sister, the wife of John Ewell, died seized and possessed, and containing about eighty (80) acres. PARCEL TWO: ALL THAT certain piece or parcel of land, with the buildings and improvements thereon, situate and lying in Princess Anne Borough, City of Virginia Beach, Virginia, containing Three (3) acres, more ore less, and bounded and described as follows: BEGINNING at a station on the Southern side of Shipps Corner Public Road in the line of the Property formerly belonging to Samuel Whitehurst and running thence southwardly along the Western side of a ditch 210 yards; thence Westerly and parallel to the said public road 70 yards; thence Northerly and parallel to the said ditch 210 yards to the Southern side of said Public Road; and thence Easterly along said Road 70 yards to the point of beginning. LESS AND EXCEPT THE FOLLOWING PROPERTY CONVEYED OUT AS FOLLOWS: 7 LESS AND EXCEPT that Parcel conveyed to the Commonwealth of Virginia for Route 632 recorded in Deed Book 777, Page 476, dated March 7, 1963 and recorded April 23, 1963. LESS AND EXCEPT that Parcel conveyed to the Commonwealth of Virginia for Route 632 recorded in Deed Book 781, Page 20, dated February 25, 1963 and recorded May 14, 1963. LESS AND EXCEPT a 90' x 90' parcel conveyed to HRSD recorded in Deed Book 1391, Page 273. LESS AND EXCEPT a 6.64 acre parcel conveyed to the City of Virginia Beach for Dam Neck Road recorded in Deed Book 2866, Page 131, dated September 15, 1989 and recorded October 27, 1989. LESS AND EXCEPT a 2.07 acre parcel conveyed to the City of Virginia Beach for London Bridge Road Extended recorded in Deed Book 3486, Page 2002, dated March 13, 1995 and recorded April 5, 1995. LESS AND EXCEPT 41.7196 acres and 11.6432 acres conveyed to Julian Beverley Sawyer, Jr. recorded in Deed Book 4547, Page 1234, dated October 23, 2001 and recorded November 9, 2001. NOTE: These parcels have split from the original Acreage and have not been called a re - subdivision plat but there is a new plat recorded in Map Book 300, Pages 14 & 15 showing the remaining 25.2972 acres. L. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS — Building Maintenance Division New Construction Division COMMUNITY POLICY and MANAGEMENT TEAM (CSA — AT RISK) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD